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:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the ‘‘Port

3 Security Improvement Act of 2006’’.
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1 (b) TABLEOF CONTENTS.—The table of contents for

2 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.
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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.
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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.
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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.

1 SEC. 2. DEFINITIONS.

2 In this Act:

3 (1) APPROPRIATECONGRESSIONAL COMMIT4 TEES.—Except as otherwise defined, the term ‘‘appro5 priate congressional committees’’ means—

6 (A) the Committee on Appropriations of the

7 Senate;

8 (B) the Committee on Commerce, Science,

9 and Transportation of the Senate;

10 (C) the Committee on Finance of the Sen11 ate;

12 (D) the Committee on Homeland Security

13 and Governmental Affairs of the Senate;
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1 (E) the Committee on Appropriations of the

2 House of Representatives;

3 (F) the Committee on Homeland Security of

4 the House of Representatives;

5 (G) the Committee on Transportation and

6 Infrastructure of the House of Representatives;

7 and

8 (H) the Committee on Ways and Means of

9 the House of Representatives.

10 (2) COMMERCIAL SEAPORT PERSONNEL.—The

11 term ‘‘commercial seaport personnel’’ means any per12 son engaged in an activity relating to the loading or

13 unloading of cargo, the movement or tracking of

14 cargo, the maintenance and repair of intermodal

15 equipment, the operation of cargo-related equipment

16 (whether or not integral to the vessel), and the han17 dling of mooring lines on the dock when a vessel is

18 made fast or let go, in the United States or the coast19 al waters of the United States.

20 (3) COMMISSIONER.—The term ‘‘Commissioner’’

21 means the Commissioner responsible for the United

22 States Customs and Border Protection in the Depart23 ment of Homeland Security.

24 (4) CONTAINER.—The term ‘‘container’’ has the

25 meaning given the term in the International Conven-
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1 tion for Safe Containers, with annexes, done at Gene2 va, December 2, 1972 (29 UST 3707).

3 (5) CONTAINER SECURITY DEVICE.—The term

4 ‘‘container security device’’ means a device, or system,

5 designed, at a minimum, to identify positively a con6 tainer, to detect and record the unauthorized intru7 sion of a container, and to secure a container against

8 tampering throughout the supply chain. Such a de9 vice, or system, shall have a low false alarm rate as

10 determined by the Secretary.

11 (6) DEPARTMENT.—The term ‘‘Department’’

12 means the Department of Homeland Security.

13 (7) EXAMINATION.—The term ‘‘examination’’

14 means an inspection of cargo to detect the presence of

15 misdeclared, restricted, or prohibited items that uti16 lizes nonintrusive imaging and detection technology.

17 (8) INSPECTION.—The term ‘‘inspection’’ means

18 the comprehensive process used by the United States

19 Customs and Border Protection to assess goods enter20 ing the United States to appraise them for duty pur21 poses, to detect the presence of restricted or prohibited

22 items, and to ensure compliance with all applicable

23 laws. The process may include screening, conducting

24 an examination, or conducting a search.
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1 (9) INTERNATIONAL SUPPLY CHAIN.—The term

2 ‘‘international supply chain’’ means the end-to-end

3 process for shipping goods to or from the United

4 States from a point of origin (including manufac5 turer, supplier, or vendor) through a point of dis6 tribution.

7 (10) RADIATION DETECTION EQUIPMENT.—The

8 term ‘‘radiation detection equipment’’ means any

9 technology that is capable of detecting or identifying

10 nuclear and radiological material or nuclear and ra11 diological explosive devices.

12 (11) SCAN.—The term ‘‘scan’’ means utilizing

13 nonintrusive imaging equipment, radiation detection

14 equipment, or both, to capture data, including images

15 of a container.

16 (12) SCREENING.—The term ‘‘screening’’ means

17 a visual or automated review of information about

18 goods, including manifest or entry documentation ac19 companying a shipment being imported into the

20 United States, to determine the presence of

21 misdeclared, restricted, or prohibited items and assess

22 the level of threat posed by such cargo.

23 (13) SEARCH.—The term ‘‘search’’ means an in24 trusive examination in which a container is opened

25 and its contents are devanned and visually inspected
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1 for the presence of misdeclared, restricted, or prohib2 ited items.

3 (14) SECRETARY.—The term ‘‘Secretary’’ means

4 the Secretary of Homeland Security.

5 (15) TRANSPORTATION DISRUPTION.—The term

6 ‘‘transportation disruption’’ means any significant

7 delay, interruption, or stoppage in the flow of trade

8 caused by a natural disaster, heightened threat level,

9 an act of terrorism, or any transportation security

10 incident defined in section 70101(6) of title 46,

11 United States Code.

12 (16) TRANSPORTATION SECURITY INCIDENT.—

13 The term ‘‘transportation security incident’’ has the

14 meaning given the term in section 70101(6) of title

15 46, United States Code.

16 TITLE I—SECURITY OF UNITED

17 STATES SEAPORTS

18 Subtitle A—General Provisions

19 SEC. 101. AREA MARITIME TRANSPORTATION SECURITY

20 PLAN TO INCLUDE SALVAGE RESPONSE PLAN.

21 Section 70103(b)(2) of title 46, United States Code, is

22 amended—

23 (1) in subparagraph (E), by striking ‘‘and’’ after

24 the semicolon;
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1 (2) by redesignating subparagraph (F) as sub2 paragraph (G); and

3 (3) by inserting after subparagraph (E) the fol4 lowing:

5 ‘‘(F) include a salvage response plan—

6 ‘‘(i) to identify salvage equipment capable

7 of restoring operational trade capacity; and

8 ‘‘(ii) to ensure that the waterways are

9 cleared and the flow of commerce through United

10 States ports is reestablished as efficiently and

11 quickly as possible after a maritime transpor12 tation security incident; and’’.

13 SEC. 102. REQUIREMENTS RELATING TO MARITIME FACIL14 ITY SECURITY PLANS.

15 Section 70103(c) of title 46, United States Code, is

16 amended—

17 (1) in paragraph (3)—

18 (A) in subparagraph (C)(ii), by striking

19 ‘‘facility’’ and inserting ‘‘facility, including ac20 cess by individuals engaged in the surface trans21 portation of intermodal containers in or out of

22 a port facility’’;

23 (B) in subparagraph (E), by striking ‘‘de24 scribe the’’ and inserting ‘‘provide a strategy

25 and timeline for conducting’’;
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1 (C) in subparagraph (F), by striking ‘‘and’’

2 at the end;

3 (D) in subparagraph (G), by striking the

4 period at the end and inserting ‘‘; and’’; and

5 (E) by adding at the end the following:

6 ‘‘(H) in the case of a security plan for a facility,

7 be resubmitted for approval of each change in the

8 ownership or operator of the facility that may sub9 stantially affect the security of the facility.’’; and

10 (2) by adding at the end the following:

11 ‘‘(8)(A) The Secretary shall require that the qualified

12 individual having full authority to implement security ac13 tions for a facility described in paragraph (2) shall be a

14 citizen of the United States.

15 ‘‘(B) The Secretary may waive the requirement of sub16 paragraph (A) with respect to an individual if the Sec17 retary determines that it is appropriate to do so based on

18 a complete background check of the individual and a review

19 of all terrorist watch lists to ensure that the individual is

20 not identified on any such terrorist watch list.’’.

21 SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FA22 CILITIES.

23 Section 70103(c)(4)(D) of title 46, United States Code,

24 is amended to read as follows:
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1 ‘‘(D) subject to the availability of appropria2 tions, verify the effectiveness of each such facility se3 curity plan periodically, but not less than twice an4 nually, at least 1 of which shall be an inspection of

5 the facility that is conducted without notice to the fa6 cility.’’.

7 SEC. 104. TRANSPORTATION SECURITY CARD.

8 (a) IN GENERAL.—Section 70105 of title 46, United

9 States, Code is amended by adding at the end the following:

10 ‘‘(g) APPLICATIONS FOR MERCHANT MARINER’S DOC11 UMENTS.—The Assistant Secretary of Homeland Security

12 for the Transportation Security Administration and the

13 Commandant of the Coast Guard shall concurrently process

14 an application from an individual for merchant mariner’s

15 documents under chapter 73 of title 46, United States Code,

16 and an application from that individual for a transpor17 tation security card under this section.

18 ‘‘(h) FEES.—The Secretary shall ensure that the fees

19 charged each individual obtaining a transportation secu20 rity card under this section who has passed a background

21 check under section 5103a of title 49, United States Code,

22 and who has a current and valid hazardous materials en23 dorsement in accordance with section 1572 of title 49, Code

24 of Federal Regulations, and each individual with a current

25 and valid Merchant Mariner Document—
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1 ‘‘(1) are for costs associated with the issuance,

2 production, and management of the transportation se3 curity card, as determined by the Secretary; and

4 ‘‘(2) do not include costs associated with per5 forming a background check for that individual, un6 less the scope of said background checks diverge.

7 ‘‘(i) IMPLEMENTATION SCHEDULE.—In implementing

8 the transportation security card program under this sec9 tion, the Secretary shall—

10 ‘‘(1) conduct a strategic risk analysis and estab11 lish a priority for each United States port based on

12 risk; and

13 ‘‘(2) implement the program, based upon risk

14 and other factors as determined by the Secretary, at

15 all facilities regulated under this chapter at—

16 ‘‘(A) the 10 United States ports that are

17 deemed top priority by the Secretary not later

18 than July 1, 2007;

19 ‘‘(B) the 40 United States ports that are

20 next in order of priority to the ports described

21 in subparagraph (A) not later than January 1,

22 2008; and

23 ‘‘(C) all other United States ports not later

24 than January 1, 2009.
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1 ‘‘(j) TRANSPORTATION SECURITY CARD PROCESSING

2 DEADLINE.—Not later than January 1, 2009, the Secretary

3 shall process and issue or deny each application for a trans4 portation security card under this section for individuals

5 with current and valid merchant mariner’s documents on

6 the date of enactment of the Port Security Improvement Act

7 of 2006.

8 ‘‘(k) VESSEL AND FACILITY CARD READER ASSESS9 MENTS.—

10 ‘‘(1) PILOT PROGRAMS.—

11 ‘‘(A) VESSEL PILOT PROGRAM.—The Sec12 retary shall conduct a pilot program in 3 dis13 tinct geographic locations to assess the feasibility

14 of implementing card readers at secure areas of

15 a vessel in accordance with the Notice of Pro16 posed Rulemaking released on May 22, 2006,

17 (TSA–2006–24191; USCG–2006–24196).

18 ‘‘(B) FACILITIES PILOT PROGRAM.—In ad19 dition to the pilot program described in subpara20 graph (A), the Secretary shall conduct a pilot

21 program in 3 distinct geographic locations to as22 sess the feasibility of implementing card readers

23 at secure areas of facilities in a variety of envi24 ronmental settings.
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1 ‘‘(C) COORDINATION WITH TRANSPORTATION

2 SECURITY CARDS.—The pilot programs described

3 in subparagraphs (A) and (B) shall be conducted

4 concurrently with the issuance of the transpor5 tation security cards as described in subsection

6 (b), of this section, to ensure card and card read7 er interoperability.

8 ‘‘(2) DURATION.—The pilot program described

9 in paragraph (1) shall commence not later than 180

10 days after the date of the enactment of the Port Secu11 rity Improvement Act of 2006 and shall terminate 1

12 year after commencement.

13 ‘‘(3) REPORT.—Not later than 90 days after the

14 termination of the pilot program described under sub15 paragraph (1), the Secretary shall submit a com16 prehensive report to the appropriate congressional

17 committees (as defined in section 2(2) of the Home18 land Security Act of 2002 (6 U.S.C. 101(2)) that

19 includes—

20 ‘‘(A) the actions that may be necessary to

21 ensure that all vessels and facilities to which this

22 section applies are able to comply with the regu23 lations promulgated under subsection (a);
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1 ‘‘(B) recommendations concerning fees and

2 a statement of policy considerations for alter3 native security plans; and

4 ‘‘(C) an analysis of the viability of equip5 ment under the extreme weather conditions of the

6 marine environment.

7 ‘‘(l) PROGRESS REPORTS.—Not later than 6 months

8 after the date of the enactment of the Port Security Im9 provement Act 2006 and every 6 months thereafter until

10 the requirements under this section are fully implemented,

11 the Secretary shall submit a report on progress being made

12 in implementing such requirements to the appropriate con13 gressional committees (as defined in section 2(2) of the

14 Homeland Security Act of 2002 (6 U.S.C. 101(2)).’’.

15 (b) CLARIFICATION OF ELIGIBILITY FOR TRANSPOR16 TATION SECURITY CARDS.—Section 70105(b)(2) of title 46,

17 United States Code, is amended—

18 (1) by striking ‘‘and’’ after the semicolon in sub19 paragraph (E);

20 (2) by striking ‘‘Secretary.’’ in subparagraph (F)

21 and inserting ‘‘Secretary; and’’; and

22 (3) by adding at the end the following:

23 ‘‘(G) other individuals as determined ap24 propriate by the Secretary including individuals
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1 employed at a port not otherwise covered by this

2 subsection.’’.

3 (c) DEADLINE FOR SECTION 70105 REGULATIONS.—

4 The Secretary shall promulgate final regulations imple5 menting section 70105 of title 46, United States Code, no

6 later than January 1, 2007. The regulations shall include

7 a background check process to enable newly hired workers

8 to begin working unless the Secretary makes an initial de9 termination that the worker poses a security risk. Such

10 process shall include a check against the consolidated and

11 integrated terrorist watch list maintained by the Federal

12 Government.

13 SEC. 105. PROHIBITION OF ISSUANCE OF TRANSPORTATION

14 SECURITY CARDS TO CONVICTED FELONS.

15 Section 70105 of title 46, United States Code, is

16 amended—

17 (1) in subsection (b)(1), by striking ‘‘decides that

18 the individual poses a security risk under subsection

19 (c)’’ and inserting ‘‘determines under subsection (c)

20 that the individual poses a security risk’’; and

21 (2) in subsection (c), by amending paragraph

22 (1) to read as follows:

23 ‘‘(1) DISQUALIFICATIONS.—

24 ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL

25 OFFENSES.—Except as provided under para-
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1 graph (2), an individual is permanently dis2 qualified from being issued a transportation se3 curity card under subsection (b) if the individual

4 has been convicted, or found not guilty by reason

5 of insanity, in a civilian or military jurisdiction

6 of any of the following felonies:

7 ‘‘(i) Espionage or conspiracy to com8 mit espionage.

9 ‘‘(ii) Sedition or conspiracy to commit

10 sedition.

11 ‘‘(iii) Treason or conspiracy to commit

12 treason.

13 ‘‘(iv) A crime listed in chapter 113B of

14 title 18, a comparable State law, or con15 spiracy to commit such crime.

16 ‘‘(v) A crime involving a transpor17 tation security incident. In this clause, a

18 transportation security incident—

19 ‘‘(I) is a security incident result20 ing in a significant loss of life, envi21 ronmental damage, transportation sys22 tem disruption, or economic disruption

23 in a particular area (as defined in sec24 tion 70101 of title 46); and
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1 ‘‘(II) does not include a work

2 stoppage or other nonviolent employee3 related action, resulting from an em4 ployer-employee dispute.

5 ‘‘(vi) Improper transportation of a

6 hazardous material under section 5124 of

7 title 49, or a comparable State law;.

8 ‘‘(vii) Unlawful possession, use, sale,

9 distribution, manufacture, purchase, re10 ceipt, transfer, shipping, transporting, im11 port, export, storage of, or dealing in an ex12 plosive or incendiary device (as defined in

13 section 232(5) of title 18, explosive mate14 rials (as defined in section 841(c) of title

15 18), or a destructive device (as defined in

16 921(a)(4) of title 18).

17 ‘‘(viii) Murder.

18 ‘‘(ix) Conspiracy or attempt to commit

19 any of the crimes described in clauses (v)

20 through (viii).

21 ‘‘(x) A violation of the Racketeer Influ22 enced and Corrupt Organizations Act (18

23 U.S.C. 1961 et seq.), or a comparable State

24 law, if 1 of the predicate acts found by a

25 jury or admitted by the defendant consists
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1 of 1 of the offenses listed in clauses (iv) and

2 (viii).

3 ‘‘(xi) Any other felony that the Sec4 retary determines to be a permanently dis5 qualifying criminal offense.

6 ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF7 FENSES.—Except as provided under paragraph

8 (2), an individual is disqualified from being

9 issued a biometric transportation security card

10 under subsection (b) if the individual has been

11 convicted, or found not guilty by reason of in12 sanity, during the 7-year period ending on the

13 date on which the individual applies for such or

14 card, or was released from incarceration during

15 the 5-year period ending on the date on which

16 the individual applies for such a card, of any of

17 the following felonies:

18 ‘‘(i) Assault with intent to murder.

19 ‘‘(ii) Kidnapping or hostage taking.

20 ‘‘(iii) Rape or aggravated sexual abuse.

21 ‘‘(iv) Unlawful possession, use, sale,

22 manufacture, purchase, distribution, re23 ceipt, transfer, shipping, transporting, de24 livery, import, export of, or dealing in a

25 firearm or other weapon. In this clause, a
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1 firearm or other weapon includes, but is not

2 limited to—

3 ‘‘(I) firearms (as defined in sec4 tion 921(a)(3) of title 18); and

5 ‘‘(II) items contained on the

6 United States Munitions Import List

7 under 447.21 of title 27 Code of Fed8 eral Regulations.

9 ‘‘(v) Extortion.

10 ‘‘(vi) Dishonesty, fraud, or misrepre11 sentation, including identity fraud.

12 ‘‘(vii) Bribery.

13 ‘‘(viii) Smuggling.

14 ‘‘(ix) Immigration violations.

15 ‘‘(x) A violation of the Racketeer Influ16 enced and Corrupt Organizations Act (18

17 U.S.C. 1961, et seq.) or a comparable State

18 law, other than a violation listed in sub19 paragraph (A)(x).

20 ‘‘(xi) Robbery.

21 ‘‘(xii) Distribution of, possession with

22 intent to distribute, or importation of a

23 controlled substance.

24 ‘‘(xiii) Arson.
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1 ‘‘(xiv) Conspiracy or attempt to com2 mit any of the crimes in this subparagraph.

3 ‘‘(xv) Any other felony that the Sec4 retary determines to be a disqualifying

5 criminal offense under this subparagraph.

6 ‘‘(C) OTHER POTENTIAL DISQUALIFICA7 TIONS.—Except as provided under subpara8 graphs (A) and (B), an individual may not be

9 denied a transportation security card under sub10 section (b) unless the Secretary determines that

11 individual—

12 ‘‘(i) has been convicted within the pre13 ceding 7-year period of a felony or found

14 not guilty by reason of insanity of a

15 felony—

16 ‘‘(I) that the Secretary believes

17 could cause the individual to be a ter18 rorism security risk to the United

19 States; or

20 ‘‘(II) for causing a severe trans21 portation security incident;

22 ‘‘(ii) has been released from incarcer23 ation within the preceding 5-year period for

24 committing a felony described in clause (i);
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1 ‘‘(iii) may be denied admission to the

2 United States or removed from the United

3 States under the Immigration and Nation4 ality Act (8 U.S.C. 1101 et seq.); or

5 ‘‘(iv) otherwise poses a terrorism secu6 rity risk to the United States.’’.

7 SEC. 106. LONG-RANGE VESSEL TRACKING.

8 (a) REGULATIONS.—Section 70115 of title 46, United

9 States Code, is amended in the first sentence by striking

10 ‘‘The Secretary’’ and inserting ‘‘Not later than April 1,

11 2007, the Secretary’’.

12 (b) VOLUNTARY PROGRAM.—The Secretary may issue

13 regulations to establish a voluntary long-range automated

14 vessel tracking system for vessels described in section 70115

15 of title 46, United States Code, during the period before reg16 ulations are issued under such section.

17 SEC. 107. ESTABLISHMENT OF INTERAGENCY OPERATIONAL

18 CENTERS FOR PORT SECURITY.

19 (a) IN GENERAL.—Chapter 701 of title 46, United

20 States Code, is amended by inserting after section 70107

21 the following:

22 ‘‘§ 70107A. Interagency operational centers for port se23 curity

24 ‘‘(a) IN GENERAL.—The Secretary shall establish

25 interagency operational centers for port security at all high-
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1 priority ports not later than 3 years after the date of the

2 enactment of the Port Security Improvement Act of 2006.

3 ‘‘(b) CHARACTERISTICS.—The interagency operational

4 centers established under this section shall—

5 ‘‘(1) utilize, as appropriate, the compositional

6 and operational characteristics of centers,

7 including—

8 ‘‘(A) the pilot project interagency oper9 ational centers for port security in Miami, Flor10 ida; Norfolk/Hampton Roads, Virginia; Charles11 ton, South Carolina; San Diego, California; and

12 ‘‘(B) the virtual operation center of the Port

13 of New York and New Jersey;

14 ‘‘(2) be organized to fit the security needs, re15 quirements, and resources of the individual port area

16 at which each is operating;

17 ‘‘(3) provide, as the Secretary determines appro18 priate, for participation by representatives of the

19 United States Customs and Border Protection, the

20 Transportation Security Administration, the Depart21 ment of Justice, the Department of Defense, and other

22 Federal agencies, State and local law enforcement or

23 port security personnel, members of the Area Mari24 time Security Committee, and other public and pri25 vate sector stakeholders adversely affected by a trans-
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1 portation security incident or transportation disrup2 tion; and

3 ‘‘(4) be incorporated in the implementation and

4 administration of—

5 ‘‘(A) maritime transportation security

6 plans developed under section 70103;

7 ‘‘(B) maritime intelligence activities under

8 section 70113 and information sharing activities

9 consistent with section 1016 of the National Se10 curity Intelligence Reform Act of 2004 (6 U.S.C.

11 485) and the Homeland Security Information

12 Sharing Act (6 U.S.C. 481 et seq.);

13 ‘‘(C) short and long range vessel tracking

14 under sections 70114 and 70115;

15 ‘‘(D) protocols under section 201(b)(10) of

16 the Port Security Improvement Act of 2006;

17 ‘‘(E) the transportation security incident

18 response plans required by section 70104; and

19 ‘‘(F) other activities, as determined by the

20 Secretary.

21 ‘‘(c) SECURITY CLEARANCES.—The Secretary shall

22 sponsor and expedite individuals participating in inter23 agency operational centers in gaining or maintaining their

24 security clearances. Through the Captain of the Port, the

25 Secretary may identify key individuals who should partici-
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1 pate. The port or other entities may appeal to the Captain

2 of the Port for sponsorship.’’.

3 (b) 2005 ACT REPORT REQUIREMENT.—Nothing in

4 this section or the amendments made by this section relieves

5 the Commandant of the Coast Guard from complying with

6 the requirements of section 807 of the Coast Guard and

7 Maritime Transportation Act of 2004 (Public Law 108–

8 293; 118 Stat. 1082). The Commandant shall utilize the

9 information developed in making the report required by

10 that section in carrying out the requirements of this section.

11 (c) BUDGET AND COST-SHARING ANALYSIS.—Not later

12 than 180 days after the date of the enactment of this Act,

13 the Secretary shall submit to the appropriate congressional

14 committees a proposed budget analysis for implementing

15 section 70107A of title 46, United States Code, as added

16 by subsection (a), including cost-sharing arrangements with

17 other Federal departments and agencies involved in the

18 interagency operation of the centers to be established under

19 such section.

20 (d) CLERICAL AMENDMENT.—The chapter analysis for

21 chapter 701 of title 46, United States Code, is amended by

22 inserting after the item relating to section 70107 the fol23 lowing:

‘‘70107A. Interagency operational centers for port security.’’.
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1 SEC. 108. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON

2 THE OUTER CONTINENTAL SHELF.

3 (a) NOTICEOF ARRIVAL.—Not later than 180 days

4 after the date of the enactment of this Act, the Secretary

5 is directed to update and finalize its rulemaking on Notice

6 of Arrival for foreign vessels on the outer Continental Shelf.

7 (b) CONTENT OF REGULATIONS.—The regulations pro8 mulgated pursuant to paragraph (1) shall be consistent

9 with information required under the Notice of Arrival

10 under section 160.206 of title 33, Code of Federal Regula11 tions, as in effect on the date of the enactment of this Act.

12 Subtitle B—Port Security Grants;

13 Training and Exercise Programs

14 SEC. 111. PORT SECURITY GRANTS.

15 (a) BASIS FOR GRANTS.—Section 70107(a) of title 46,

16 United States Code, is amended by striking ‘‘for making

17 a fair and equitable allocation of funds’’ and inserting ‘‘for

18 the allocation of funds based on risk’’.

19 (b) RISK MANAGEMENT PLAN.—

20 (1) IN GENERAL.—Under the direction of the

21 Commandant of the Coast Guard, each Area Mari22 time Security Committee shall develop a Port Wide

23 Risk Management Plan that includes—

24 (A) security goals and objectives, supported

25 by a risk assessment and an evaluation of alter26 natives;
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1 (B) a management selection process; and

2 (C) active monitoring to measure effective3 ness.

4 (2) RISK ASSESSMENT TOOL.—The Secretary of

5 the Department in which the Coast Guard is oper6 ating, shall make available, and Area Maritime Secu7 rity Committees shall use, a risk assessment tool that

8 uses standardized risk criteria, such as the Maritime

9 Security Risk Assessment Tool used by the Coast

10 Guard, to develop the Port Wide Risk Management

11 Plan.

12 (c) MULTIPLE-YEAR PROJECTS, ETC.—Section 70107

13 of title 46, United States Code, is amended by redesignating

14 subsections (e), (f), (g), (h), and (i) as subsections (i), (j),

15 (k), (l), and (m), respectively, and by inserting after sub16 section (d) the following:

17 ‘‘(e) MULTIPLE-YEAR PROJECTS.—

18 ‘‘(1) LETTERS OF INTENT.—The Secretary may

19 execute letters of intent to commit funding to such au20 thorities, operators, and agencies.

21 ‘‘(2) LIMITATION.—Not more than 20 percent of

22 the grant funds awarded under this subsection in any

23 fiscal year may be awarded for projects that span

24 multiple years.
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1 ‘‘(f) CONSISTENCY WITH PLANS.—The Secretary shall

2 ensure that each grant awarded under subsection (e)—

3 ‘‘(1) is used to supplement and support, in a

4 consistent and coordinated manner, the applicable

5 Area Maritime Transportation Security Plan;

6 ‘‘(2) is coordinated with any applicable State or

7 Urban Area Homeland Security Plan; and

8 ‘‘(3) is consistent with the Port Wide Risk Man9 agement Plan developed under section 111(b) of the

10 Port Security Improvement Act of 2006.

11 ‘‘(g) APPLICATIONS.—Any entity subject to an Area

12 Maritime Transportation Security Plan may submit an

13 application for a grant under this subsection, at such time,

14 in such form, and containing such information and assur15 ances as the Secretary, working through the Directorate for

16 Preparedness, may require.

17 ‘‘(h) REPORTS.—Not later than 180 days after the date

18 of the enactment of the Port Security Improvement Act of

19 2006, the Secretary, acting through the Commandant of the

20 Coast Guard, shall submit a report to Congress, in a secure

21 format, describing the methodology used to allocate port se22 curity grant funds on the basis of risk.’’.

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Sub24 section (l) of section 70107 of title 46, United States Code,
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1 as redesignated by subsection (b) is amended to read as fol2 lows:

3 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There are

4 authorized to be appropriated $400,000,000 for each of the

5 fiscal years 2007 through 2011 to carry out this section.’’.

6 (e) BASIS FOR GRANTS.—Section 70107(a) of title 46,

7 United States Code, is amended by inserting ‘‘, energy’’ be8 tween ‘‘national economic’’ and ‘‘and strategic defense con9 cerns.’’.

10 (f) CONTAINER SCANNING TECHNOLOGY GRANT PRO11 GRAM.—

12 (1) NUCLEAR AND RADIOLOGICAL DETECTION

13 DEVICES.—Section 70107(m)(1)(C) of title 46, United

14 States Code, as redesignated by subsection (b), is

15 amended by inserting ‘‘, underwater or water surface

16 devices, devices that can be mounted on cranes and

17 straddle cars used to move cargo within ports, and

18 scanning and imaging technology’’ before the semi19 colon at the end.

20 (2) USEOF FUNDS.—Amounts appropriated

21 pursuant to this section shall be used for grants to be

22 awarded in a competitive process to public or private

23 entities for the purpose of researching and developing

24 nuclear and radiological detection equipment de-
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1 scribed in section 70107(m)(1)(C) of title 46, United

2 States Code, as amended by this section.

3 (3) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated a total of

5 $70,000,000 for fiscal years 2008 through 2009 for the

6 purpose of researching and developing nuclear and

7 radiological detection equipment described in section

8 70107(m)(1)(C) of title 46, United States Code, as

9 amended by this section.

10 SEC. 112. PORT SECURITY TRAINING PROGRAM.

11 (a) IN GENERAL.—The Secretary, acting through the

12 Under Secretary for Preparedness and in coordination with

13 the Commandant of the Coast Guard, shall establish a Port

14 Security Training Program (referred to in this section as

15 the ‘‘Program’’) for the purpose of enhancing the capabili16 ties of each of the commercial seaports of the United States

17 to prevent, prepare for, respond to, mitigate against, and

18 recover from threatened or actual acts of terrorism, natural

19 disasters, and other emergencies.

20 (b) REQUIREMENTS.—The Program shall provide vali21 dated training that—

22 (1) reaches multiple disciplines, including Fed23 eral, State, and local government officials, commercial

24 seaport personnel and management, and govern-
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1 mental and nongovernmental emergency response pro2 viders;

3 (2) provides training at the awareness, perform4 ance, and management and planning levels;

5 (3) utilizes multiple training mediums and

6 methods;

7 (4) addresses port security topics, including—

8 (A) seaport security plans and procedures,

9 including how security plans and procedures are

10 adjusted when threat levels increase;

11 (B) seaport security force operations and

12 management;

13 (C) physical security and access control at

14 seaports;

15 (D) methods of security for preventing and

16 countering cargo theft;

17 (E) container security;

18 (F) recognition and detection of weapons,

19 dangerous substances, and devices;

20 (G) operation and maintenance of security

21 equipment and systems;

22 (H) security threats and patterns;

23 (I) security incident procedures, including

24 procedures for communicating with govern-
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1 mental and nongovernmental emergency response

2 providers; and

3 (J) evacuation procedures;

4 (5) is consistent with, and supports implementa5 tion of, the National Incident Management System,

6 the National Response Plan, the National Infrastruc7 ture Protection Plan, the National Preparedness

8 Guidance, the National Preparedness Goal, the Na9 tional Maritime Transportation Security Plan, and

10 other such national initiatives;

11 (6) is evaluated against clear and consistent per12 formance measures;

13 (7) addresses security requirements under facil14 ity security plans; and

15 (8) educates, trains, and involves populations of

16 at-risk neighborhoods around ports, including train17 ing on an annual basis for neighborhoods to learn

18 what to be watchful for in order to be a ‘‘citizen

19 corps’’, if necessary.

20 (c) TRAINING PARTNERS.—In developing and deliv21 ering training under the Program, the Secretary, in coordi22 nation with the Maritime Administration of the Depart23 ment of Transportation, and consistent with section 109 of

24 the Maritime Transportation Security Act of 2002 (46

25 U.S.C. 70101 note), shall—
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1 (1) work with government training facilities,

2 academic institutions, private organizations, em3 ployee organizations, and other entities that provide

4 specialized, state-of-the-art training for governmental

5 and non-governmental emergency responder providers

6 or commercial seaport personnel and management;

7 and

8 (2) utilize, as appropriate, government training

9 facilities, courses provided by community colleges,

10 public safety academies, State and private univer11 sities, and other facilities.

12 SEC. 113. PORT SECURITY EXERCISE PROGRAM.

13 (a) IN GENERAL.—The Secretary, acting through the

14 Under Secretary for Preparedness and in coordination with

15 the Commandant of the Coast Guard, may establish a Port

16 Security Exercise Program (referred to in this section as

17 the ‘‘Program’’) for the purpose of testing and evaluating

18 the capabilities of Federal, State, local, and foreign govern19 ments, commercial seaport personnel and management, gov20 ernmental and nongovernmental emergency response pro21 viders, the private sector, or any other organization or enti22 ty, as the Secretary determines to be appropriate, to pre23 vent, prepare for, mitigate against, respond to, and recover

24 from acts of terrorism, natural disasters, and other emer25 gencies at commercial seaports.
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1 (b) REQUIREMENTS.—The Secretary shall ensure that

2 the Program—

3 (1) conducts, on a periodic basis, port security

4 exercises at commercial seaports that are—

5 (A) scaled and tailored to the needs of each

6 port;

7 (B) live, in the case of the most at-risk

8 ports;

9 (C) as realistic as practicable and based on

10 current risk assessments, including credible

11 threats, vulnerabilities, and consequences;

12 (D) consistent with the National Incident

13 Management System, the National Response

14 Plan, the National Infrastructure Protection

15 Plan, the National Preparedness Guidance, the

16 National Preparedness Goal, the National Mari17 time Transportation Security Plan, and other

18 such national initiatives;

19 (E) evaluated against clear and consistent

20 performance measures;

21 (F) assessed to learn best practices, which

22 shall be shared with appropriate Federal, State,

23 and local officials, seaport personnel and man24 agement, governmental and nongovernmental
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1 emergency response providers, and the private

2 sector; and

3 (G) followed by remedial action in response

4 to lessons learned; and

5 (2) assists State and local governments and com6 mercial seaports in designing, implementing, and

7 evaluating exercises that—

8 (A) conform to the requirements of para9 graph (1); and

10 (B) are consistent with any applicable Area

11 Maritime Transportation Security Plan and

12 State or Urban Area Homeland Security Plan.

13 (c) IMPROVEMENT PLAN.—The Secretary shall estab14 lish a port security improvement plan process to—

15 (1) identify and analyze each port security exer16 cise for lessons learned and best practices;

17 (2) disseminate lessons learned and best practices

18 to participants in the Program;

19 (3) monitor the implementation of lessons

20 learned and best practices by participants in the Pro21 gram; and

22 (4) conduct remedial action tracking and long23 term trend analysis.
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1 Subtitle C—Port Operations

2 SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.

3 (a) EXAMINING CONTAINERS.—Not later than Decem4 ber 31, 2007, all containers entering the United States

5 through the busiest 22 seaports of entry shall be examined

6 for radiation.

7 (b) STRATEGY.—The Secretary shall develop a strategy

8 for the deployment of radiation detection capabilities that

9 includes—

10 (1) a risk-based prioritization of ports of entry

11 at which radiation detection equipment will be de12 ployed;

13 (2) a proposed timeline of when radiation detec14 tion equipment will be deployed at each port of entry

15 identified under paragraph (1);

16 (3) the type of equipment to be used at each port

17 of entry identified under paragraph (1), including the

18 joint deployment and utilization of radiation detec19 tion equipment and nonintrusive imaging equipment;

20 (4) standard operating procedures for examining

21 containers with such equipment, including sensor

22 alarming, networking, and communications and re23 sponse protocols;

24 (5) operator training plans;
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1 (6) an evaluation of the environmental health

2 and safety impacts of nonintrusive imaging tech3 nology;

4 (7) the policy of the Department for using non5 intrusive imagining equipment in tandem with radi6 ation detection equipment; and

7 (8) a classified annex that—

8 (A) details plans for covert testing; and

9 (B) outlines the risk-based prioritization of

10 ports of entry identified under paragraph (1).

11 (c) REPORT.—Not later than 90 days after the date

12 of the enactment of this Act, the Secretary shall submit the

13 strategy developed under subsection (b) to the appropriate

14 congressional committees.

15 (d) UPDATE.—Not later than 180 days after the date

16 of the enactment of this Act, the Secretary may update the

17 strategy submitted under subsection (c) to provide a more

18 complete evaluation under subsection (b)(6).

19 (e) OTHER WEAPONS OF MASS DESTRUCTION

20 THREATS.—Not later than 180 days after the date of the

21 enactment of this Act, the Secretary shall submit a strategy

22 for the development of equipment to detect chemical, biologi23 cal, and other weapons of mass destruction at all ports of

24 entry into the United States to the appropriate congres25 sional committees.
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1 (f) STANDARDS.—The Secretary, in conjunction with

2 the National Institute of Standards and Technology, shall

3 publish technical capability standards and recommended

4 standard operating procedures for the use of nonintrusive

5 imaging and radiation detection equipment in the United

6 States. Such standards and procedures—

7 (1) should take into account relevant standards

8 and procedures utilized by other Federal departments

9 or agencies as well as those developed by international

10 bodies; and

11 (2) shall not be designed so as to endorse specific

12 companies or create sovereignty conflicts with partici13 pating countries.

14 (g) IMPLEMENTATION.—Not later than 3 years after

15 the date of the enactment of this Act, the Secretary shall

16 fully implement the strategy developed under subsection (b).

17 (h) EXPANSION TO OTHER UNITED STATES PORTS OF

18 ENTRY.—

19 (1) IN GENERAL.—As soon as practicable after—

20 (A) implementation of the program for the

21 examination of containers for radiation at ports

22 of entry described in subsection (a), and

23 (B) submission of the strategy developed

24 under subsection (b) (and updating, if any, of

25 that strategy under subsection (c)),
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1 but no later than December 31, 2008, the Secretary

2 shall expand the strategy developed under subsection

3 (b), in a manner consistent with the requirements of

4 subsection (b), to provide for the deployment of radi5 ation detection capabilities at all other United States

6 ports of entry not covered by the strategy developed

7 under subsection (b).

8 (2) RISK ASSESSMENT.—In expanding the strat9 egy under paragraph (1), the Secretary shall identify

10 and assess the risks to those other ports of entry in

11 order to determine what equipment and practices will

12 best mitigate the risks.

13 (i) INTERMODAL RAIL RADIATION DETECTION TEST

14 CENTER.—

15 (1) ESTABLISHMENT.—In accordance with sub16 section (b), and in order to comply with this section,

17 the Secretary shall establish Intermodal Rail Radi18 ation Detection Test Centers (referred to in this sub19 section as the ‘‘Test Centers’’).

20 (2) PROJECTS.—The Secretary shall conduct

21 multiple, concurrent projects at the Test Center to

22 rapidly identify and test concepts specific to the chal23 lenges posed by on-dock rail.

24 (3) LOCATION.—The Test Centers shall be located

25 within public port facilities which have a significant
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1 portion of the containerized cargo directly laden from

2 (or unladen to) on-dock, intermodal rail, including at

3 least one public port facility at which more than 50

4 percent of the containerized cargo is directly laden

5 from (or unladen to) on-dock, intermodal rail.

6 SEC. 122. PORT SECURITY USER FEE STUDY.

7 The Secretary shall conduct a study of the need for,

8 and feasibility of, establishing a system of oceanborne and

9 port-related transportation user fees that may be imposed

10 and collected as a dedicated revenue source, on a temporary

11 or continuing basis, to provide necessary funding for legiti12 mate improvements to, and maintenance of, port security.

13 Not later than 1 year after the date of the enactment of

14 this Act, the Secretary shall submit a report to the appro15 priate congressional committees that contains—

16 (1) the results of the study;

17 (2) an assessment of the annual amount of cus18 toms fees and duties collected through oceanborne and

19 port-related transportation and the amount and per20 centage of such fees and duties that are dedicated to

21 improve and maintain security;

22 (3)(A) an assessment of the fees, charges, and

23 standards imposed on United States ports, port ter24 minal operators, shippers, and persons who use

25 United States ports, compared with the fees and
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1 charges imposed on ports and port terminal operators

2 in Canada and Mexico and persons who use those for3 eign ports; and

4 (B) an assessment of the impact on the competi5 tiveness of United States ports, port terminal opera6 tors, and shippers; and

7 (4) the Secretary’s recommendations based upon

8 the study, and an assessment of the consistency of

9 such recommendations with the international obliga10 tions and commitments of the United States.

11 SEC. 123. INSPECTION OF CAR FERRIES ENTERING FROM

12 ABROAD.

13 Not later than 120 days after the date of the enactment

14 of this Act, the Secretary, acting through the Commissioner,

15 and in coordination with the Secretary of State and in co16 operation with ferry operators and appropriate foreign gov17 ernment officials, shall seek to develop a plan for the inspec18 tion of passengers and vehicles before such passengers board,

19 or such vehicles are loaded onto, a ferry bound for a United

20 States seaport.

21 SEC. 124. RANDOM SEARCHES OF CONTAINERS.

22 Not later than 1 year after the date of the enactment

23 of this Act, the Secretary, acting through the Commissioner,

24 shall develop and implement a plan, utilizing best practices

25 for empirical scientific research design and random sam-
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1 pling, to conduct random searches of containers in addition

2 to any targeted or preshipment inspection of such con3 tainers required by law or regulation or conducted under

4 any other program conducted by the Secretary. Nothing in

5 this section shall be construed to mean that implementation

6 of the random sampling plan precludes additional searches

7 of containers not inspected pursuant to the plan.

8 SEC. 125. WORK STOPPAGES AND EMPLOYEE-EMPLOYER

9 DISPUTES.

10 Section 70101(6) of title 46, United States Code, is

11 amended by adding at the end the following: ‘‘In this para12 graph, the term ‘economic disruption’ does not include a

13 work stoppage or other nonviolent employee-related action

14 not related to terrorism and resulting from an employee15 employer dispute.’’.

16 SEC. 126. THREAT ASSESSMENT SCREENING OF PORT

17 TRUCK DRIVERS.

18 Subject to the availability of appropriations, within

19 90 days after the date of enactment of this Act, the Sec20 retary of Homeland Security shall implement a threat as21 sessment screening, including name-based checks against

22 terrorist watch lists and immigration status check, for all

23 port truck drivers that is the same as the threat assessment

24 screening required for facility employees and longshoremen

25 by the Commandant of the Coast Guard under Coast Guard
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1 Notice USCG–2006–24189 (Federal Register, Vol. 71, No.

2 82, Friday, April 28, 2006).

3 TITLE II—SECURITY OF THE

4 INTERNATIONAL SUPPLY CHAIN

5 Subtitle A—General Provisions

6 SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF

7 THE INTERNATIONAL SUPPLY CHAIN.

8 (a) STRATEGIC PLAN.—The Secretary, in consultation

9 with appropriate Federal, State, local, and tribal govern10 ment agencies and private-sector stakeholders responsible

11 for security matters that affect or relate to the movement

12 of containers through the international supply chain, shall

13 develop, implement, and update, as appropriate, a strategic

14 plan to enhance the security of the international supply

15 chain.

16 (b) REQUIREMENTS.—The strategic plan required

17 under subsection (a) shall—

18 (1) describe the roles, responsibilities, and au19 thorities of Federal, State, local, and tribal govern20 ment agencies and private-sector stakeholders that re21 late to the security of the movement of containers

22 through the international supply chain;

23 (2) identify and address gaps and unnecessary

24 overlaps in the roles, responsibilities, or authorities

25 described in paragraph (1);
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1 (3) identify and make recommendations regard2 ing legislative, regulatory, and organizational changes

3 necessary to improve coordination among the entities

4 or to enhance the security of the international supply

5 chain;

6 (4) provide measurable goals, including objec7 tives, mechanisms, and a schedule, for furthering the

8 security of commercial operations from point of ori9 gin to point of destination;

10 (5) build on available resources and consider

11 costs and benefits;

12 (6) provide incentives for additional voluntary

13 measures to enhance cargo security, as determined by

14 the Commissioner;

15 (7) consider the impact of supply chain security

16 requirements on small and medium size companies;

17 (8) include a process for sharing intelligence and

18 information with private-sector stakeholders to assist

19 in their security efforts;

20 (9) identify a framework for prudent and meas21 ured response in the event of a transportation secu22 rity incident involving the international supply

23 chain;
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1 (10) provide protocols for the expeditious re2 sumption of the flow of trade in accordance with sec3 tion 202, including—

4 (A) the identification of the appropriate

5 initial incident commander, if the Commandant

6 of the Coast Guard is not the appropriate initial

7 incident commander, and lead departments,

8 agencies, or offices to execute such protocols;

9 (B) a plan to redeploy resources and per10 sonnel, as necessary, to reestablish the flow of

11 trade in the event of a transportation disruption;

12 and

13 (C) a plan to provide training for the peri14 odic instruction of personnel of the United States

15 Customs and Border Protection in trade resump16 tion functions and responsibilities following a

17 transportation disruption;

18 (11) consider the linkages between supply chain

19 security and security programs within other systems

20 of movement, including travel security and terrorism

21 finance programs; and

22 (12) expand upon and relate to existing strate23 gies and plans, including the National Response

24 Plan, National Maritime Transportation Security

25 Plan, and the 8 supporting plans of the Strategy, as
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1 required by Homeland Security Presidential Directive

2 13.

3 (c) CONSULTATION.—In developing protocols under

4 subsection (b)(10), the Secretary shall consult with Federal,

5 State, local, and private sector stakeholders, including the

6 National Maritime Security Advisory Committee and the

7 Commercial Operations Advisory Committee.

8 (d) COMMUNICATION.—To the extent practicable, the

9 strategic plan developed under subsection (a) shall provide

10 for coordination with, and lines of communication among,

11 appropriate Federal, State, local, and private-sector stake12 holders on law enforcement actions, intermodal rerouting

13 plans, and other strategic infrastructure issues resulting

14 from a transportation security incident or transportation

15 disruption.

16 (e) UTILIZATION OF ADVISORY COMMITTEES.—As part

17 of the consultations described in subsection (a), the Sec18 retary shall, to the extent practicable, utilize the Homeland

19 Security Advisory Committee, the National Maritime Secu20 rity Advisory Committee, and the Commercial Operations

21 Advisory Committee to review, as necessary, the draft stra22 tegic plan and any subsequent updates to the strategic plan.

23 (f) INTERNATIONAL STANDARDS AND PRACTICES.—In

24 furtherance of the strategic plan required under subsection

25 (a), the Secretary is encouraged to consider proposed or es-
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1 tablished standards and practices of foreign governments

2 and international organizations, including the Inter3 national Maritime Organization, the World Customs Orga4 nization, and the International Organization for Standard5 ization, as appropriate, to establish standards and best

6 practices for the security of containers moving through the

7 international supply chain.

8 (g) REPORT.—

9 (1) INITIAL REPORT.—Not later than 180 days

10 after the date of the enactment of this Act, the Sec11 retary shall submit to the appropriate congressional

12 committees a report that contains the strategic plan

13 required by subsection (a).

14 (2) FINAL REPORT.—Not later than 3 years after

15 the date on which the strategic plan is submitted

16 under paragraph (1), the Secretary shall submit a re17 port to the appropriate congressional committees that

18 contains an update of the strategic plan.

19 SEC. 202. POST INCIDENT RESUMPTION OF TRADE.

20 (a) IN GENERAL.—Except as otherwise determined by

21 the Secretary, in the event of a maritime transportation

22 disruption or a maritime transportation security incident,

23 the initial incident commander and the lead department,

24 agency, or office for carrying out the strategic plan required
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1 under section 201 shall be determined by the protocols re2 quired under section 201(b)(10).

3 (b) VESSELS.—The Commandant of the Coast Guard

4 shall, to the extent practicable and consistent with the pro5 tocols and plans required under paragraphs (10) and (12)

6 of section 201(b), ensure the safe and secure transit of ves7 sels to ports in the United States after a maritime transpor8 tation security incident, with priority given to vessels car9 rying cargo determined by the President to be critical for

10 response and recovery from such a disruption or incident,

11 and to vessels that—

12 (1) have either a vessel security plan approved

13 under section 70103(c) of title 46, United States Code,

14 or a valid international ship security certificate, as

15 provided under part 104 of title 33, Code of Federal

16 Regulations;

17 (2) are manned by individuals who are described

18 in section 70105(b)(2)(B) of title 46, United States

19 Code, and who—

20 (A) have undergone a background records

21 check under section 70105(d) of title 46, United

22 States Code; or

23 (B) hold a transportation security card

24 issued under section 70105 of title 46, United

25 States Code; and
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1 (3) are operated by validated participants in the

2 Customs-Trade Partnership Against Terrorism pro3 gram.

4 (c) CARGO.—Consistent with the protocols and plans

5 required under paragraphs (10) and (12) of section 201(b),

6 the Commissioner shall give preference to cargo—

7 (1) entering a port of entry directly from a for8 eign seaport designated under the Container Security

9 Initiative;

10 (2) determined by the President to be critical for

11 response and recovery;

12 (3) that has been handled by a validated C–

13 TPAT participant; or

14 (4) that has undergone (A) a nuclear or radio15 logical detection scan, (B) an x-ray, density or other

16 imaging scan, and (C) an optical recognition scan, at

17 the last port of departure prior to arrival in the

18 United States, which data has been evaluated and

19 analyzed by United States Customs and Border Pro20 tection personnel.

21 (d) COORDINATION.—The Secretary shall ensure that

22 there is appropriate coordination among the Commandant

23 of the Coast Guard, the Commissioner, and other Federal

24 officials following a maritime disruption or maritime
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1 transportation security incident in order to provide for the

2 resumption of trade.

3 (e) COMMUNICATION.—Consistent with section 201 of

4 this Act, the Commandant of the Coast Guard, Commis5 sioner, and other appropriate Federal officials, shall

6 promptly communicate any revised procedures or instruc7 tions intended for the private sector following a maritime

8 disruption or maritime transportation security incident.

9 SEC. 203. AUTOMATED TARGETING SYSTEM.

10 (a) IN GENERAL.—The Secretary, acting through the

11 Commissioner, shall—

12 (1) identify and seek the submission of data re13 lated to the movement of a shipment of cargo through

14 the international supply chain; and

15 (2) analyze the data described in paragraph (1)

16 to identify high-risk cargo for inspection.

17 (b) CONSIDERATION.—The Secretary, acting through

18 the Commissioner, shall—

19 (1) consider the cost, benefit, and feasibility of—

20 (A) requiring additional nonmanifest docu21 mentation;

22 (B) reducing the time period allowed by law

23 for revisions to a container cargo manifest;
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1 (C) reducing the time period allowed by law

2 for submission of certain elements of entry data,

3 for vessel or cargo; and

4 (D) such other actions the Secretary con5 siders beneficial for improving the information

6 relied upon for the Automated Targeting System

7 and any successor targeting system in furthering

8 the security and integrity of the international

9 supply chain; and

10 (2) consult with stakeholders, including the Com11 mercial Operations Advisory Committee, and identify

12 to them the need for such information, and the appro13 priate timing of its submission.

14 (c) DETERMINATION.—Upon the completion of the

15 process under subsection (b), the Secretary, acting through

16 the Commissioner, may require importers to submit certain

17 elements of non-manifest or other data about a shipment

18 bound for the United States not later than 24 hours before

19 loading a container on a vessel at a foreign port bound for

20 the United States.

21 (d) SYSTEM IMPROVEMENTS.—The Secretary, acting

22 through the Commissioner, shall—

23 (1) conduct, through an independent panel, a re24 view of the effectiveness and capabilities of the Auto25 mated Targeting System;
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1 (2) consider future iterations of the Automated

2 Targeting System;

3 (3) ensure that the Automated Targeting System

4 has the capability to electronically compare manifest

5 and other available data for cargo entered into or

6 bound for the United States to detect any significant

7 anomalies between such data and facilitate the resolu8 tion of such anomalies; and

9 (4) ensure that the Automated Targeting System

10 has the capability to electronically identify, compile,

11 and compare select data elements for cargo entered

12 into or bound for the United States following a mari13 time transportation security incident, in order to effi14 ciently identify cargo for increased inspection or ex15 peditious release.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There are authorized to be ap18 propriated to the United States Customs and Border

19 Protection in the Department of Homeland Security

20 to carry out the Automated Targeting System for

21 identifying high-risk oceanborne container cargo for

22 inspection—

23 (A) $33,200,000 for fiscal year 2008;

24 (B) $35,700,000 for fiscal year 2009; and

25 (C) $37,485,000 for fiscal year 2010.
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1 (2) SUPPLEMENT FOR OTHER FUNDS.—The

2 amounts authorized by this subsection shall be in ad3 dition to any other amount authorized to be appro4 priated to carry out the Automated Targeting System.

5 SEC. 204. CONTAINER SECURITY STANDARDS AND PROCE6 DURES.

7 (a) ESTABLISHMENT.—

8 (1) IN GENERAL.—Not later than 60 days after

9 the date of the enactment of this Act, the Secretary

10 shall initiate a rulemaking proceeding to establish

11 minimum standards and procedures for securing con12 tainers in transit to an importer in the United

13 States.

14 (2) INTERIM RULE.—Not later than 180 days

15 after the date of the enactment of this Act, the Sec16 retary shall issue an interim final rule pursuant to

17 the proceeding described in paragraph (1).

18 (3) MISSED DEADLINE.—If the Secretary is un19 able to meet the deadline established pursuant to

20 paragraph (2), the Secretary shall transmit a letter

21 to the appropriate congressional committees explain22 ing why the Secretary is unable to meet that deadline

23 and describing what must be done before such min24 imum standards and procedures can be established.
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1 (b) REVIEW AND ENHANCEMENT.—The Secretary shall

2 regularly review and enhance the standards and procedures

3 established pursuant to subsection (a).

4 (c) INTERNATIONAL CARGO SECURITY STANDARDS.—

5 The Secretary, in consultation with the Secretary of State,

6 the Secretary of Energy, and other government officials, as

7 appropriate, and with the Commercial Operations Advisory

8 Committee, the Homeland Security Advisory Committee,

9 and the National Maritime Security Advisory Committee,

10 is encouraged to promote and establish international stand11 ards for the security of containers moving through the inter12 national supply chain with foreign governments and inter13 national organizations, including the International Mari14 time Organization and the World Customs Organization.

15 SEC. 205. CONTAINER SECURITY INITIATIVE.

16 (a) ESTABLISHMENT.—The Secretary, acting through

17 the Commissioner, shall establish and implement a program

18 (referred to in this section as the ‘‘Container Security Ini19 tiative’’) to identify and examine or search maritime con20 tainers that pose a security risk before loading such con21 tainers in a foreign port for shipment to the United States,

22 either directly or through a foreign port.

23 (b) ASSESSMENT.—The Secretary, acting through the

24 Commissioner, may designate foreign seaports to partici25 pate in the Container Security Initiative after the Sec-
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1 retary has assessed the costs, benefits, and other factors asso2 ciated with such designation, including—

3 (1) the level of risk for the potential compromise

4 of containers by terrorists, or other threats as deter5 mined by the Secretary;

6 (2) the volume and value of cargo being imported

7 to the United States directly from, or being trans8 shipped through, the foreign seaport;

9 (3) the results of the Coast Guard assessments

10 conducted pursuant to section 70108 of title 46,

11 United States Code;

12 (4) the commitment of the government of the

13 country in which the foreign seaport is located to co14 operate with the Department to carry out the Con15 tainer Security Initiative; and

16 (5) the potential for validation of security prac17 tices at the foreign seaport by the Department.

18 (c) NOTIFICATION.—The Secretary shall notify the ap19 propriate congressional committees of the designation of a

20 foreign port under the Container Security Initiative or the

21 revocation of such a designation before notifying the public

22 of such designation or revocation.

23 (d) NEGOTIATIONS.—The Secretary, in cooperation

24 with the Secretary of State and in consultation with the

25 United States Trade Representative, may enter into nego-
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1 tiations with the government of each foreign nation in

2 which a seaport is designated under the Container Security

3 Initiative to ensure full compliance with the requirements

4 under the Container Security Initiative.

5 (e) OVERSEAS INSPECTIONS.—The Secretary shall es6 tablish minimum technical capability criteria and stand7 ard operating procedures for the use of nonintrusive imag8 ing and radiation detection equipment in conjunction with

9 the Container Security Initiative and shall monitor oper10 ations at foreign seaports designated under the Container

11 Security Initiative to ensure the use of such criteria and

12 procedures. Such criteria and procedures—

13 (1) shall be consistent with relevant standards

14 and procedures utilized by other Federal departments

15 or agencies, or developed by international bodies if the

16 United States consents to such standards and proce17 dures;

18 (2) shall not apply to activities conducted under

19 the Megaports Initiative of the Department of Energy;

20 (3) shall not be designed to endorse the product

21 or technology of any specific company or to conflict

22 with the sovereignty of a country in which a foreign

23 seaport designated under the Container Security Ini24 tiative is located; and
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1 (4) shall be applied to the equipment operated at

2 each foreign seaport designated under the Container

3 Security Initiative, except as provided under para4 graph (2).

5 (f) SAVINGS PROVISION.—The authority of the Sec6 retary under this section shall not affect any authority or

7 duplicate any efforts or responsibilities of the Federal Gov8 ernment with respect to the deployment of radiation detec9 tion equipment outside of the United States.

10 (g) COORDINATION.—The Secretary shall coordinate

11 with the Secretary of Energy to—

12 (1) provide radiation detection equipment re13 quired to support the Container Security Initiative

14 through the Department of Energy’s Second Line of

15 Defense and Megaports programs; or

16 (2) work with the private sector to obtain radi17 ation detection equipment that meets both the Depart18 ment’s and the Department of Energy’s technical

19 specifications for such equipment.

20 (h) STAFFING.—The Secretary shall develop a human

21 capital management plan to determine adequate staffing

22 levels in the United States and in foreign seaports includ23 ing, as appropriate, the remote location of personnel in

24 countries in which foreign seaports are designated under

25 the Container Security Initiative.
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1 (i) ANNUAL DISCUSSIONS.—The Secretary, in coordi2 nation with the appropriate Federal officials, shall hold an3 nual discussions with foreign governments of countries in

4 which foreign seaports designated under the Container Se5 curity Initiative are located regarding best practices, tech6 nical assistance, training needs, and technological develop7 ments that will assist in ensuring the efficient and secure

8 movement of international cargo.

9 (j) LESSER RISK PORT.—The Secretary, acting

10 through the Commissioner, may treat cargo loaded in a for11 eign seaport designated under the Container Security Ini12 tiative as presenting a lesser risk than similar cargo loaded

13 in a foreign seaport that is not designated under the Con14 tainer Security Initiative, for the purpose of clearing such

15 cargo into the United States.

16 (k) REPORT.—

17 (1) IN GENERAL.—Not later than September 30,

18 2007, the Secretary, acting through the Commissioner,

19 shall, in consultation with other appropriate govern20 ment officials and the Commercial Operations Advi21 sory Committee, submit a report to the appropriate

22 congressional committee on the effectiveness of, and

23 the need for any improvements to, the Container Se24 curity Initiative. The report shall include—
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1 (A) a description of the technical assistance

2 delivered to, as well as needed at, each des3 ignated seaport;

4 (B) a description of the human capital

5 management plan at each designated seaport;

6 (C) a summary of the requests made by the

7 United States to foreign governments to conduct

8 physical or nonintrusive inspections of cargo at

9 designated seaports, and whether each such re10 quest was granted or denied by the foreign gov11 ernment;

12 (D) an assessment of the effectiveness of

13 screening, scanning, and inspection protocols

14 and technologies utilized at designated seaports

15 and the effect on the flow of commerce at such

16 seaports, as well as any recommendations for

17 improving the effectiveness of screening, scan18 ning, and inspection protocols and technologies

19 utilized at designated seaports;

20 (E) a description and assessment of the out21 come of any security incident involving a foreign

22 seaport designated under the Container Security

23 Initiative; and

24 (F) a summary and assessment of the ag25 gregate number and extent of trade compliance
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1 lapses at each seaport designated under the Con2 tainer Security Initiative.

3 (2) UPDATED REPORT.—Not later than Sep4 tember 30, 2010, the Secretary, acting through the

5 Commissioner, shall, in consultation with other ap6 propriate government officials and the Commercial

7 Operations Advisory Committee, submit an updated

8 report to the appropriate congressional committees on

9 the effectiveness of, and the need for any improve10 ments to, the Container Security Initiative. The up11 dated report shall address each of the elements re12 quired to be included in the report provided for under

13 paragraph (1).

14 (l) AUTHORIZATION OF APPROPRIATIONS.—There are

15 authorized to be appropriated to the United States Customs

16 and Border Protection in the Department of Homeland Se17 curity to carry out the provisions of this section—

18 (1) $144,000,000 for fiscal year 2008;

19 (2) $146,000,000 for fiscal year 2009; and

20 (3) $153,300,000 for fiscal year 2010.

21 Subtitle B—Customs-Trade

22 Partnership Against Terrorism

23 SEC. 211. ESTABLISHMENT.

24 (a) ESTABLISHMENT.—The Secretary, acting through

25 the Commissioner, is authorized to establish a voluntary
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1 government-private sector program (to be known as the

2 ‘‘Customs-Trade Partnership Against Terrorism’’ or ‘‘C–

3 TPAT’’) to strengthen and improve the overall security of

4 the international supply chain and United States border

5 security, and to facilitate the movement of secure cargo

6 through the international supply chain, by providing bene7 fits to participants meeting or exceeding the program re8 quirements. Participants in C–TPAT shall include tier 1

9 participants, tier 2 participants, and tier 3 participants.

10 (b) MINIMUM SECURITY REQUIREMENTS.—The Sec11 retary, acting through the Commissioner, shall review the

12 minimum security requirements of C–TPAT at least once

13 every year and update such requirements as necessary.

14 SEC. 212. ELIGIBLE ENTITIES.

15 Importers, customs brokers, forwarders, air, sea, land

16 carriers, contract logistics providers, and other entities in

17 the international supply chain and intermodal transpor18 tation system are eligible to apply to voluntarily enter into

19 partnerships with the Department under C–TPAT.

20 SEC. 213. MINIMUM REQUIREMENTS.

21 An applicant seeking to participate in C–TPAT

22 shall—

23 (1) demonstrate a history of moving cargo in the

24 international supply chain;
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1 (2) conduct an assessment of its supply chain

2 based upon security criteria established by the Sec3 retary, acting through the Commissioner, including—

4 (A) business partner requirements;

5 (B) container security;

6 (C) physical security and access controls;

7 (D) personnel security;

8 (E) procedural security;

9 (F) security training and threat awareness;

10 and

11 (G) information technology security;

12 (3) implement and maintain security measures

13 and supply chain security practices meeting security

14 criteria established by the Commissioner; and

15 (4) meet all other requirements established by the

16 Commissioner in consultation with the Commercial

17 Operations Advisory Committee.

18 SEC. 214. TIER 1 PARTICIPANTS IN C–TPAT.

19 (a) BENEFITS.—The Secretary, acting through the

20 Commissioner, shall offer limited benefits to a tier 1 partic21 ipant who has been certified in accordance with the guide22 lines referred to in subsection (b). Such benefits may include

23 a reduction in the score assigned pursuant to the Automated

24 Targeting System of not greater than 20 percent of the high

25 risk threshold established by the Secretary.
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1 (b) GUIDELINES.—Not later than 180 days after the

2 date of the enactment of this Act, the Secretary, acting

3 through the Commissioner, shall update the guidelines for

4 certifying a C–TPAT participant’s security measures and

5 supply chain security practices under this section. Such

6 guidelines shall include a background investigation and ex7 tensive documentation review.

8 (c) TIME FRAME.—To the extent practicable, the Sec9 retary, acting through the Commissioner, shall complete the

10 tier 1 certification process within 90 days of receipt of an

11 application for participation in C–TPAT.

12 SEC. 215. TIER 2 PARTICIPANTS IN C–TPAT.

13 (a) VALIDATION.—The Secretary, acting through the

14 Commissioner, shall validate the security measures and

15 supply chain security practices of a tier 1 participant in

16 accordance with the guidelines referred to in subsection (c).

17 Such validation shall include on-site assessments at appro18 priate foreign locations utilized by the tier 1 participant

19 in its supply chain and shall, to the extent practicable, be

20 completed not later than 1 year after certification as a tier

21 1 participant.

22 (b) BENEFITS.—The Secretary, acting through the

23 Commissioner, shall extend benefits to each C–TPAT par24 ticipant that has been validated as a tier 2 participant

25 under this section, which may include—
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1 (1) reduced scores in the Automated Targeting

2 System;

3 (2) reduced examinations of cargo; and

4 (3) priority searches of cargo.

5 (c) GUIDELINES.—Not later than 180 days after the

6 date of the enactment of this Act, the Secretary, acting

7 through the Commissioner, shall develop a schedule and up8 date the guidelines for validating a participant’s security

9 measures and supply chain security practices under this

10 section.

11 SEC. 216. TIER 3 PARTICIPANTS IN C–TPAT.

12 (a) IN GENERAL.—The Secretary, acting through the

13 Commissioner, shall establish a third tier of C–TPAT par14 ticipation that offers additional benefits to participants

15 who demonstrate a sustained commitment to maintaining

16 security measures and supply chain security practices that

17 exceed the guidelines established for validation as a tier 2

18 participant in C–TPAT under section 215 of this Act.

19 (b) CRITERIA.—The Secretary, acting through the

20 Commissioner, shall designate criteria for validating a C–

21 TPAT participant as a tier 3 participant under this sec22 tion. Such criteria may include—

23 (1) compliance with any additional guidelines

24 established by the Secretary that exceed the guidelines

25 established pursuant to section 215 of this Act for
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1 validating a C–TPAT participant as a tier 2 partici2 pant, particularly with respect to controls over access

3 to cargo throughout the supply chain;

4 (2) voluntary submission of additional informa5 tion regarding cargo prior to loading, as determined

6 by the Secretary;

7 (3) utilization of container security devices and

8 technologies that meet standards and criteria estab9 lished by the Secretary; and

10 (4) compliance with any other cargo require11 ments established by the Secretary.

12 (c) BENEFITS.—The Secretary, acting through the

13 Commissioner, in consultation with the Commercial Oper14 ations Advisory Committee and the National Maritime Se15 curity Advisory Committee, shall extend benefits to each C–

16 TPAT participant that has been validated as a tier 3 par17 ticipant under this section, which may include—

18 (1) the expedited release of a tier 3 participant’s

19 cargo in destination ports within the United States

20 during all threat levels designated by the Secretary;

21 (2) in addition to the benefits available to tier

22 2 participants—

23 (A) further reduction in examinations of

24 cargo;

25 (B) priority for examinations of cargo; and
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1 (C) further reduction in the risk score as2 signed pursuant to the Automated Targeting

3 System;

4 (3) notification of specific alerts and post-inci5 dent procedures to the extent such notification does

6 not compromise the security interests of the United

7 States; and

8 (4) inclusion in joint incident management exer9 cises, as appropriate.

10 (d) DEADLINE.—Not later than 2 years after the date

11 of the enactment of this Act, the Secretary, acting through

12 the Commissioner, shall designate appropriate criteria pur13 suant to subsection (b) and provide benefits to validated

14 tier 3 participants pursuant to subsection (c).

15 SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.

16 (a) IN GENERAL.—If at any time a C–TPAT partici17 pant’s security measures and supply chain security prac18 tices fail to meet any of the requirements under this subtitle,

19 the Commissioner may deny the participant benefits other20 wise available under this subtitle, in whole or in part.

21 (b) FALSEOR MISLEADING INFORMATION.—If a C–

22 TPAT participant knowingly provides false or misleading

23 information to the Commissioner during the validation

24 process provided for under this subtitle, the Commissioner

25 shall suspend or expel the participant from C–TPAT for
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1 an appropriate period of time. The Commissioner may pub2 lish in the Federal Register a list of participants who have

3 been suspended or expelled from C–TPAT pursuant to this

4 subsection, and may make such list available to C–TPAT

5 participants.

6 (c) RIGHT OF APPEAL.—

7 (1) IN GENERAL.—A C–TPAT participant may

8 appeal a decision of the Commissioner pursuant to

9 subsection (a). Such appeal shall be filed with the

10 Secretary not later than 90 days after the date of the

11 decision, and the Secretary shall issue a determina12 tion not later than 180 days after the appeal is filed.

13 (2) APPEALS OF OTHER DECISIONS.—A C–TPAT

14 participant may appeal a decision of the Commis15 sioner pursuant to subsection (b). Such appeal shall

16 be filed with the Secretary not later than 30 days

17 after the date of the decision, and the Secretary shall

18 issue a determination not later than 180 days after

19 the appeal is filed.

20 SEC. 218. REVALIDATION.

21 The Secretary, acting through the Commissioner, shall

22 develop and implement—

23 (1) a revalidation process for tier 2 and tier 3

24 participants;
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1 (2) a framework based upon objective criteria for

2 identifying participants for periodic revalidation not

3 less frequently than once during each 5-year period

4 following the initial validation; and

5 (3) an annual plan for revalidation that

6 includes—

7 (A) performance measures;

8 (B) an assessment of the personnel needed to

9 perform the revalidations; and

10 (C) the number of participants that will be

11 revalidated during the following year.

12 SEC. 219. NONCONTAINERIZED CARGO.

13 The Secretary, acting through the Commissioner, shall

14 consider the potential for participation in C–TPAT by im15 porters of noncontainerized cargoes that otherwise meet the

16 requirements under this subtitle.

17 SEC. 220. C–TPAT PROGRAM MANAGEMENT.

18 (a) IN GENERAL.—The Secretary, acting through the

19 Commissioner, shall establish sufficient internal quality

20 controls and record management to support the manage21 ment systems of C–TPAT. In managing the program, the

22 Secretary shall ensure that the program includes:

23 (1) STRATEGIC PLAN.—A 5-year plan to identify

24 outcome-based goals and performance measures of the

25 program.
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1 (2) ANNUAL PLAN.—An annual plan for each fis2 cal year designed to match available resources to the

3 projected workload.

4 (3) STANDARDIZED WORK PROGRAM.—A stand5 ardized work program to be used by agency personnel

6 to carry out the certifications, validations, and re7 validations of participants. The Secretary shall keep

8 records and monitor staff hours associated with the

9 completion of each such review.

10 (b) DOCUMENTATION OF REVIEWS.—The Secretary,

11 acting through the Commissioner, shall maintain a record

12 management system to document determinations on the re13 views of each C–TPAT participant, including certifications,

14 validations, and revalidations.

15 (c) CONFIDENTIAL INFORMATION SAFEGUARDS.—In

16 consultation with the Commercial Operations Advisory

17 Committee, the Secretary, acting through the Commissioner,

18 shall develop and implement procedures to ensure the pro19 tection of confidential data collected, stored, or shared with

20 government agencies or as part of the application, certifi21 cation, validation, and revalidation processes.

22 SEC. 221. RESOURCE MANAGEMENT STAFFING PLAN.

23 The Secretary, acting through the Commissioner,

24 shall—
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1 (1) develop a staffing plan to recruit and train

2 staff (including a formalized training program) to

3 meet the objectives identified in the strategic plan of

4 the C–TPAT program; and

5 (2) provide cross-training in post-incident trade

6 resumption for personnel who administer the C–

7 TPAT program.

8 SEC. 222. ADDITIONAL PERSONNEL.

9 In each of the fiscal years 2007 through 2009, the Com10 missioner shall increase by not less than 50 the number of

11 full-time personnel engaged in the validation and revalida12 tion of C–TPAT participants (over the number of such per13 sonnel on the last day of the previous fiscal year), and shall

14 provide appropriate training and support to such addi15 tional personnel.

16 SEC. 223. AUTHORIZATION OF APPROPRIATIONS.

17 (a) C–TPAT.—There are authorized to be appro18 priated to the United States Customs and Border Protection

19 in the Department of Homeland Security to carry out the

20 provisions of sections 211 through 221 to remain available

21 until expended—

22 (1) $65,000,000 for fiscal year 2008;

23 (2) $72,000,000 for fiscal year 2009; and

24 (3) $75,600,000 for fiscal year 2010.
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1 (b) ADDITIONAL PERSONNEL.—In addition to any

2 monies hereafter appropriated to the United States Customs

3 and Border Protection in the Department of Homeland Se4 curity, there are authorized to be appropriated for the pur5 pose of meeting the staffing requirement provided for in sec6 tion 222, to remain available until expended—

7 (1) $8,500,000 for fiscal year 2007;

8 (2) $17,600,000 for fiscal year 2008;

9 (3) $27,300,000 for fiscal year 2009;

10 (4) $28,300,000 for fiscal year 2010; and

11 (5) $29,200,000 for fiscal year 2011.

12 SEC. 224. REPORT TO CONGRESS.

13 In connection with the President’s annual budget sub14 mission for the Department of Homeland Security, the Sec15 retary shall report to the appropriate congressional commit16 tees on the progress made by the Commissioner to certify,

17 validate, and revalidate C–TPAT participants. Such report

18 shall be due on the same date that the President’s budget

19 is submitted to the Congress.

20 Subtitle C—Miscellaneous

21 Provisions

22 SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.

23 (a) DESIGNATIONS.—Not later than 90 days after the

24 date of the enactment of this Act, the Secretary shall des25 ignate 3 foreign seaports through which containers pass or
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1 are transshipped to the United States for the establishment

2 of pilot integrated scanning systems that couple nonintru3 sive imaging equipment and radiation detection equipment.

4 In making the designations under this paragraph, the Sec5 retary shall consider 3 distinct ports with unique features

6 and differing levels of trade volume.

7 (b) COLLABORATION AND COOPERATION.—

8 (1) IN GENERAL.—The Secretary shall collabo9 rate with the Secretary of Energy and cooperate with

10 the private sector and the foreign government of each

11 country in which a foreign seaport is designated pur12 suant to subsection (a) to implement the pilot sys13 tems.

14 (2) COORDINATION.—The Secretary shall coordi15 nate with the Secretary of Energy to—

16 (A) provide radiation detection equipment

17 required to support the pilot-integrated scanning

18 system established pursuant to subsection (a)

19 through the Department of Energy’s Second Line

20 of Defense and Megaports programs; or

21 (B) work with the private sector to obtain

22 radiation detection equipment that meets both

23 the Department’s and the Department of Ener24 gy’s technical specifications for such equipment.
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1 (c) IMPLEMENTATION.—Not later than 1 year after the

2 date of the enactment of this Act, the Secretary shall achieve

3 a full-scale implementation of the pilot integrated screening

4 system, which shall—

5 (1) scan all containers destined for the United

6 States that transit through the port;

7 (2) electronically transmit the images and infor8 mation to the container security initiative personnel

9 in the host country and customs personnel in the

10 United States for evaluation and analysis;

11 (3) resolve every radiation alarm according to

12 established Department procedures;

13 (4) utilize the information collected to enhance

14 the Automated Targeting System or other relevant

15 programs; and

16 (5) store the information for later retrieval and

17 analysis.

18 (d) REPORT.—Not later than 120 days after achieving

19 full-scale implementation under subsection (c), the Sec20 retary, in consultation with the Secretary of Energy and

21 the Secretary of State, shall submit a report to the appro22 priate congressional committees, that includes—

23 (1) an evaluation of the lessons derived from the

24 pilot system implemented under this subsection;
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1 (2) an analysis of the efficacy of the Automated

2 Targeting System or other relevant programs in uti3 lizing the images captured to examine high-risk con4 tainers;

5 (3) an evaluation of software that is capable of

6 automatically identifying potential anomalies in

7 scanned containers;

8 (4) an analysis of the need and feasibility of ex9 panding the integrated scanning system to other con10 tainer security initiative ports, including—

11 (A) an analysis of the infrastructure re12 quirements;

13 (B) a projection of the effect on current av14 erage processing speed of containerized cargo;

15 (C) an evaluation of the scalability of the

16 system to meet both current and future forecasted

17 trade flows;

18 (D) the ability of the system to automati19 cally maintain and catalog appropriate data for

20 reference and analysis in the event of a transpor21 tation disruption;

22 (E) an analysis of requirements to install

23 and maintain an integrated scanning system;
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1 (F) the ability of administering personnel

2 to efficiently manage and utilize the data pro3 duced by a non-intrusive scanning system;

4 (G) the ability to safeguard commercial

5 data generated by, or submitted to, a non-intru6 sive scanning system; and

7 (H) an assessment of the reliability of cur8 rently available technology to implement an in9 tegrated scanning system.

10 (e) IMPLEMENTATION.—As soon as practicable and

11 possible after the date of enactment of this Act, an inte12 grated scanning system shall be implemented to scan all

13 containers entering the United States prior to arrival in

14 the United States.

15 SEC. 232. INTERNATIONAL COOPERATION AND COORDINA16 TION.

17 (a) INSPECTION TECHNOLOGY AND TRAINING.—

18 (1) IN GENERAL.—The Secretary, in coordina19 tion with the Secretary of State, the Secretary of En20 ergy, and appropriate representatives of other Federal

21 agencies, may provide technical assistance, equip22 ment, and training to facilitate the implementation of

23 supply chain security measures at ports designated

24 under the Container Security Initiative and at other

25 foreign ports, as appropriate.
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1 (2) ACQUISITION AND TRAINING.—Unless other2 wise prohibited by law, the Secretary may—

3 (A) lease, loan, provide, or otherwise assist

4 in the deployment of nonintrusive inspection and

5 handheld radiation detection equipment at for6 eign land and sea ports under such terms and

7 conditions as the Secretary prescribes, including

8 nonreimbursable loans or the transfer of owner9 ship of equipment; and

10 (B) provide training and technical assist11 ance for domestic or foreign personnel responsible

12 for operating or maintaining such equipment.

13 (b) ACTIONS AND ASSISTANCEFOR FOREIGN PORTS.—

14 Section 70110 of title 46, United States Code, is amended—

15 (1) by striking the section header and inserting

16 the following:

17 ‘‘§ 70110. Actions and assistance for foreign ports’’

18 ; and

19 (2) by adding at the end the following:

20 ‘‘(e) ASSISTANCEFOR FOREIGN PORTS.—

21 ‘‘(1) IN GENERAL.—The Secretary, in consulta22 tion with the Secretary of Transportation, the Sec23 retary of State, and the Secretary of Energy, shall

24 identify foreign assistance programs that could facili25 tate implementation of port security antiterrorism
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1 measures in foreign countries. The Secretary shall es2 tablish a program to utilize the programs that are ca3 pable of implementing port security antiterrorism

4 measures at ports in foreign countries that the Sec5 retary finds, under section 70108, to lack effective

6 antiterrorism measures.

7 ‘‘(2) CARIBBEAN BASIN.—The Secretary, in co8 ordination with the Secretary of State and in con9 sultation with the Organization of American States

10 and the Commandant of the Coast Guard, shall place

11 particular emphasis on utilizing programs to facili12 tate the implementation of port security antiterrorism

13 measures at the ports located in the Caribbean Basin,

14 as such ports pose unique security and safety threats

15 to the United States due to—

16 ‘‘(A) the strategic location of such ports be17 tween South America and the United States;

18 ‘‘(B) the relative openness of such ports; and

19 ‘‘(C) the significant number of shipments of

20 narcotics to the United States that are moved

21 through such ports.’’.

22 (c) REPORT ON SECURITY AT PORTS IN THE CARIB23 BEAN BASIN.—

24 (1) IN GENERAL.—Not later than 180 days after

25 the date of the enactment of this Act, the Comptroller
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1 General of the United States shall submit a report to

2 the appropriate congressional committees on the secu3 rity of ports in the Caribbean Basin.

4 (2) CONTENTS.—The report submitted under

5 paragraph (1)—

6 (A) shall include—

7 (i) an assessment of the effectiveness of

8 the measures employed to improve security

9 at ports in the Caribbean Basin and rec10 ommendations for any additional measures

11 to improve such security;

12 (ii) an estimate of the number of ports

13 in the Caribbean Basin that will not be se14 cured by January 1, 2007;

15 (iii) an estimate of the financial im16 pact in the United States of any action

17 taken pursuant to section 70110 of title 46,

18 United States Code, that affects trade be19 tween such ports and the United States; and

20 (iv) an assessment of the additional re21 sources and program changes that are nec22 essary to maximize security at ports in the

23 Caribbean Basin; and

24 (B) may be submitted in both classified and

25 redacted formats.
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1 (d) CLERICAL AMENDMENT.—The chapter analysis for

2 chapter 701 of title 46, United States Code, is amended by

3 striking the item relating to section 70110 and inserting

4 the following:

‘‘70110. Actions and assistance for foreign ports.’’.

5 SEC. 233. SCREENING AND SCANNING OF CARGO CON6 TAINERS.

7 (a) 100 PERCENT SCREENING OF CARGO CONTAINERS

8 AND 100 PERCENT SCANNING OF HIGH-RISK CON9 TAINERS.—

10 (1) SCREENING OF CARGO CONTAINERS.—The

11 Secretary shall ensure that 100 percent of the cargo

12 containers entering the United States through a sea13 port undergo a screening to identify high-risk con14 tainers.

15 (2) SCANNING OF HIGH-RISK CONTAINERS.—The

16 Secretary shall ensure that 100 percent of the con17 tainers that have been identified as high-risk are

18 scanned before such containers leave a United States

19 seaport facility.

20 (b) FULL-SCALE IMPLEMENTATION.—The Secretary,

21 in coordination with the Secretary of Energy and foreign

22 partners, shall fully deploy integrated scanning systems to

23 scan all containers entering the United States before such

24 containers arrive in the United States as soon as the Sec25 retary determines that the integrated scanning system—
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1 (1) meets the requirements set forth in section

2 231(c);

3 (2) has a sufficiently low false alarm rate for use

4 in the supply chain;

5 (3) is capable of being deployed and operated at

6 ports overseas;

7 (4) is capable of integrating, as necessary, with

8 existing systems;

9 (5) does not significantly impact trade capacity

10 and flow of cargo at foreign or United States ports;

11 and

12 (6) provides an automated notification of ques13 tionable or high-risk cargo as a trigger for further in14 spection by appropriately trained personnel.

15 (c) REPORT.—Not later than 6 months after the sub16 mission of a report under section 231(d), and every 6

17 months thereafter, the Secretary shall submit a report to

18 the appropriate congressional committees describing the sta19 tus of full-scale deployment under subsection (b) and the

20 cost of deploying the system at each foreign port.

21 SEC. 234. INTERNATIONAL SHIP AND PORT FACILITY SECU22 RITY CODE.

23 (a) FINDING.—Congress finds that the Coast Guard,

24 with existing resources, is able to inspect foreign countries

25 no more frequently than on a 4 to 5 year cycle.
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1 (b) IN GENERAL.—

2 (1) RESOURCES TO COMPLETE INITIAL INSPEC3 TIONS AND VALIDATION.—The Commandant of the

4 Coast Guard shall increase the resources dedicated to

5 the International Port Inspection Program and com6 plete inspection of all foreign countries that trade

7 with the United States, including the validation of

8 compliance of such countries with the International

9 Ship and Port Facility Security Code, not later than

10 December 31, 2008. If the Commandant of the Coast

11 Guard is unable to meet this objective, the Com12 mandant of the Coast Guard shall report to Congress

13 on the resources needed to meet the objective.

14 (2) REINSPECTION AND VALIDATION.—The Com15 mandant of the Coast Guard shall maintain the per16 sonnel and resources necessary to maintain a schedule

17 of re-inspection of foreign countries every 2 years

18 under the International Port Inspection Program.

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

20 authorized to be appropriated to the Coast Guard such sums

21 as are necessary to carry out the provisions of this section,

22 subject to the availability of appropriations.

23 SEC. 235. CARGO SCREENING.

24 (a) RADIATION RISK REDUCTION.—
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1 (1) SAFETY PROTOCOLS.—Immediately upon

2 passage of this Act, the Secretary, in consultation

3 with the Secretary of Labor and the Director of the

4 National Institute of Occupational Safety and Health

5 at the Centers for Disease Control, shall develop and

6 implement protocols to protect the safety of port work7 ers and the general public.

8 (2) PUBLICATION.—The protocols developed

9 under paragraph (1) shall be—

10 (A) published and made available for public

11 comment; and

12 (B) designed to reduce the short- and long13 term exposure of worker and the public to the

14 lowest levels feasible.

15 (3) REPORT.—Not later than 1 year after the

16 implementation of protocols under paragraph (1), the

17 Council of the National Academy of Sciences and Di18 rector of the National Institute of Occupational Safe19 ty and Health shall each submit a report to Congress

20 that includes—

21 (A) information regarding the exposure of

22 workers and the public and the possible risk to

23 their health and safety, if any, posed by these

24 screening procedures; and
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1 (B) any recommendations for modification

2 of the cargo screening protocols to reduce expo3 sure to ionizing or non-ionizing radiation to the

4 lowest levels feasible.

5 (b) GOVERNMENT RESPONSIBILITY.—Any employer of

6 an employee who has an illness or injury for which exposure

7 to ionizing or non-ionizing radiation from port cargo

8 screening procedures required under Federal law is a con9 tributing cause may seek, and shall receive, full reimburse10 ment from the Federal Government for additional costs as11 sociated with such illness or injury, including costs in12 curred by the employer under the Longshore and Harbor

13 Workers’ Compensation Act (33 U.S.C. 901 et seq.), State

14 workers’ compensation laws, or other equivalent programs.

15 TITLE III—ADMINISTRATION

16 SEC. 301. OFFICE OF CARGO SECURITY POLICY.

17 (a) ESTABLISHMENT.—Subtitle C of title IV of the

18 Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is

19 amended by adding at the end the following:

20 ‘‘SEC. 431. OFFICE OF CARGO SECURITY POLICY.

21 ‘‘(a) ESTABLISHMENT.—There is established within

22 the Department an Office of Cargo Security Policy (referred

23 to in this section as the ‘Office’).

24 ‘‘(b) PURPOSE.—The Office shall—
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1 ‘‘(1) coordinate all Department policies relating

2 to cargo security; and

3 ‘‘(2) consult with stakeholders and coordinate

4 with other Federal agencies in the establishment of

5 standards and regulations and to promote best prac6 tices.

7 ‘‘(c) DIRECTOR.—

8 ‘‘(1) APPOINTMENT.—The Office shall be headed

9 by a Director, who shall—

10 ‘‘(A) be appointed by the Secretary; and

11 ‘‘(B) report to the Assistant Secretary for

12 Policy.

13 ‘‘(2) RESPONSIBILITIES.—The Director shall—

14 ‘‘(A) advise the Assistant Secretary for Pol15 icy in the development of Department-wide poli16 cies regarding cargo security;

17 ‘‘(B) coordinate all policies relating to

18 cargo security among the agencies and offices

19 within the Department relating to cargo secu20 rity; and

21 ‘‘(C) coordinate the cargo security policies

22 of the Department with the policies of other exec23 utive agencies.’’.

24 (b) DESIGNATION OF LIAISON OFFICEOF DEPART25 MENT OF STATE.—The Secretary of State shall designate
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1 a liaison office within the Department of State to assist

2 the Secretary, as appropriate, in negotiating cargo security

3 related international agreements.

4 (c) CLERICAL AMENDMENT.—The table of contents of

5 the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)

6 is amended by inserting after the item relating to section

7 430 the following:

‘‘Sec. 431. Office of cargo security policy.’’.

8 SEC. 302. REAUTHORIZATION OF HOMELAND SECURITY

9 SCIENCE AND TECHNOLOGY ADVISORY COM10 MITTEE.

11 (a) IN GENERAL.—Section 311(j) of the Homeland Se12 curity Act of 2002 (6 U.S.C. 191(j)) is amended by striking

13 ‘‘3 years after the effective date of this Act’’ and inserting

14 ‘‘on December 31, 2008’’.

15 (b) EFFECTIVE DATE.—The amendment made by sub16 section (a) shall be effective as if enacted on the date of

17 the enactment of the Homeland Security Act of 2002 (6

18 U.S.C. 101 et seq.).

19 (c) ADVISORY COMMITTEE.—The Assistant Secretary

20 for Science and Technology shall utilize the Homeland Se21 curity Science and Technology Advisory Committee, as ap22 propriate, to provide outside expertise in advancing cargo

23 security technology.
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1 SEC. 303. RESEARCH, DEVELOPMENT, TEST, AND EVALUA2 TION EFFORTS IN FURTHERANCE OF MARI3 TIME AND CARGO SECURITY.

4 (a) IN GENERAL.—The Secretary shall—

5 (1) direct research, development, test, and eval6 uation efforts in furtherance of maritime and cargo

7 security;

8 (2) coordinate with public and private sector en9 tities to develop and test technologies and process in10 novations in furtherance of these objectives; and

11 (3) evaluate such technologies.

12 (b) COORDINATION.—The Secretary, in coordination

13 with the Under Secretary for Science and Technology, the

14 Assistant Secretary for Policy, the Chief Financial Officer,

15 and the heads of other appropriate offices or entities of the

16 Department, shall ensure that—

17 (1) research, development, test, and evaluation

18 efforts funded by the Department in furtherance of

19 maritime and cargo security are coordinated within

20 the Department and with other appropriate Federal

21 agencies to avoid duplication of efforts; and

22 (2) the results of such efforts are shared through23 out the Department and with other Federal, State,

24 and local agencies, as appropriate.
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1 SEC. 304. COBRA FEES.

2 (a) EXTENSION OF FEES.—Subparagraphs (A) and

3 (B)(i) of section 13031(j)(3) of the Consolidated Omnibus

4 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)

5 and (B)(i)) are amended by striking ‘‘2014’’ each place it

6 appears and inserting ‘‘2015’’.

7 SEC. 305. ESTABLISHMENT OF COMPETITIVE RESEARCH

8 PROGRAM.

9 (a) IN GENERAL.—Title III of the Homeland Security

10 Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding

11 at the end the following:

12 ‘‘SEC. 314. COMPETITIVE RESEARCH PROGRAM.

13 ‘‘(a) IN GENERAL.—

14 ‘‘(1) ESTABLISHMENT.—The Secretary, acting

15 through the Under Secretary for Science and Tech16 nology, shall establish a competitive research program

17 within the Directorate.

18 ‘‘(2) DIRECTOR.—The program shall be headed

19 by a Director, who shall be appointed by the Sec20 retary. The Director shall report to the Under Sec21 retary.

22 ‘‘(3) DUTIES OF DIRECTOR.—In the administra23 tion of the program, the Director shall—

24 ‘‘(A) establish a cofunding mechanism for

25 States with academic facilities that have not

26 fully developed security-related science and tech-
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1 nology to support burgeoning research efforts by

2 the faculty or link them to established investiga3 tors;

4 ‘‘(B) provide for conferences, workshops,

5 outreach, and technical assistance to researchers

6 and institutions of higher education in States on

7 topics related to developing science and tech8 nology expertise in areas of high interest and rel9 evance to the Department;

10 ‘‘(C) monitor the efforts of States to develop

11 programs that support the Department’s mis12 sion;

13 ‘‘(D) implement a merit review program,

14 consistent with program objectives, to ensure the

15 quality of research conducted with Program

16 funding; and

17 ‘‘(E) provide annual reports on the progress

18 and achievements of the Program to the Sec19 retary.

20 ‘‘(b) ASSISTANCE UNDER THE PROGRAM.—

21 ‘‘(1) SCOPE.—The Director shall provide assist22 ance under the program for research and development

23 projects that are related to, or qualify as, homeland

24 security research (as defined in section 307(a)(2))

25 under the program.
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1 ‘‘(2) FORM OF ASSISTANCE.—Assistance under

2 the program can take the form of grants, contracts, or

3 cooperative arrangements.

4 ‘‘(3) APPLICATIONS.—Applicants shall submit

5 proposals or applications in such form, at such times,

6 and containing such information as the Director may

7 require.

8 ‘‘(c) IMPLEMENTATION.—

9 ‘‘(1) START-UP PHASES.—For the first 3 fiscal

10 years beginning after the date of enactment of the

11 Border Infrastructure and Technology Integration Act

12 of 2004, assistance under the program shall be limited

13 to institutions of higher education located in States

14 in which an institution of higher education with a

15 grant from, or a contract or cooperative agreement

16 with, the National Science Foundation under section

17 113 of the National Science Foundation Act of 1988

18 (42 U.S.C. 1862) is located.

19 ‘‘(2) SUBSEQUENT FISCAL YEARS.—

20 ‘‘(A) IN GENERAL.—Beginning with the 4th

21 fiscal year after the date of enactment of this

22 Act, the Director shall rank order the States (ex23 cluding any noncontiguous State (as defined in

24 section 2(14)) other than Alaska, Hawaii, the

25 Commonwealth of Puerto Rico, and the Virgin
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1 Islands) in descending order in terms of the av2 erage amount of funds received by institutions of

3 higher education (as that term is defined in sec4 tion 101(a) of the Higher Education Act of 1965

5 (20 U.S.C. 1001(a)) in each State that received

6 financial assistance in the form of grants, con7 tracts, or cooperative arrangements under this

8 title during each of the preceding 3 fiscal years.

9 ‘‘(B) ALLOCATION.—Beginning with the 4th

10 fiscal year after the date of enactment of this

11 Act, assistance under the program for any fiscal

12 year is limited to institutions of higher edu13 cation located in States in the lowest third of

14 those ranked under subparagraph (A) for that

15 fiscal year.

16 ‘‘(C) DETERMINATION OF LOCATION.—For

17 purposes of this paragraph, an institution of

18 higher education shall be considered to be located

19 in the State in which its home campus is lo20 cated, except that assistance provided under the

21 program to a division, institute, or other facility

22 located in another State for use in that State

23 shall be considered to have been provided to an

24 institution of higher education located in that

25 other State.
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1 ‘‘(D) MULTIYEAR ASSISTANCE.—For pur2 poses of this paragraph, assistance under the

3 program that is provided on a multi-year basis

4 shall be counted as provided in each such year

5 in the amount so provided for that year.

6 ‘‘(d) FUNDING.—The Secretary shall ensure, subject to

7 the availability of appropriations, that up to 5 percent of

8 the amount appropriated for each fiscal year to the Accel9 eration Fund for Research and Development of Homeland

10 Security Technologies established by section 307(c)(1) is al11 located to the program established by subsection (a).

12 ‘‘(e) REPORT.—The Secretary shall submit an annual

13 report to the appropriate congressional committees detail14 ing the funds expended for the Acceleration Fund for Re15 search and Development of Homeland Security Technologies

16 established by section 307(c)(1).’’.

17 (b) CONFORMING AMENDMENT.—The table of contents

18 of the Homeland Security Act of 2002 is amended by insert19 ing after the item relating to section 313 the following:

‘‘Sec. 314. Competitive research program.’’.

20 TITLE IV—AGENCY RESOURCES

21 AND OVERSIGHT

22 SEC. 401. OFFICE OF INTERNATIONAL TRADE.

23 Section 2 of the Act of March 3, 1927 (44 Stat. 1381,

24 chapter 348; 19 U.S.C. 2072), is amended by adding at the

25 end the following:
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1 ‘‘(d) OFFICEOF INTERNATIONAL TRADE.—

2 ‘‘(1) ESTABLISHMENT.—There is established

3 within the United States Customs and Border Protec4 tion an Office of International Trade that shall be

5 headed by an Assistant Commissioner.

6 ‘‘(2) TRANSFER OF ASSETS, FUNCTIONS, AND

7 PERSONNEL; ELIMINATION OF OFFICES.—

8 ‘‘(A) OFFICEOF STRATEGIC TRADE.—Not

9 later than 90 days after the date of the enact10 ment of the Port Security Improvement Act of

11 2006, the Commissioner shall transfer the assets,

12 functions, and personnel of the Office of Stra13 tegic Trade to the Office of International Trade

14 established pursuant to paragraph (1) and the

15 Office of Strategic Trade shall be abolished.

16 ‘‘(B) OFFICEOF REGULATIONS AND RUL17 INGS.—Not later than 90 days after the date of

18 the enactment of the Port Security Improvement

19 Act of 2006, the Commissioner shall transfer the

20 assets, functions, and personnel of the Office of

21 Regulations and Rulings to the Office of Inter22 national Trade established pursuant to para23 graph (1) and the Office of Regulations and Rul24 ings shall be abolished.
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1 ‘‘(C) OTHER TRANSFERS.—The Commis2 sioner is authorized to transfer any other assets,

3 functions, or personnel within the United States

4 Customs and Border Protection to the Office of

5 International Trade established pursuant to

6 paragraph (1). Not later than 30 days after each

7 such transfer, the Commissioner shall notify the

8 Committee on Appropriations, the Committee on

9 Finance, and the Committee on Homeland Secu10 rity and Governmental Affairs of the Senate and

11 the Committee on Appropriations, the Committee

12 on Homeland Security, and the Committee on

13 Ways and Means of the House of Representatives

14 of the specific assets, functions, or personnel, that

15 were transferred, and the reason for such trans16 fer.

17 ‘‘(e) INTERNATIONAL TRADE POLICY COMMITTEE.—

18 ‘‘(1) ESTABLISHMENT.—The Commissioner shall

19 establish an International Trade Policy Committee, to

20 be chaired by the Commissioner, and to include the

21 Deputy Commissioner, the Assistant Commissioner in

22 the Office of Field Operations, the Assistant Commis23 sioner in the Office of International Affairs, the As24 sistant Commissioner in the Office of International
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1 Trade, and the Director of the Office of Trade Rela2 tions.

3 ‘‘(2) RESPONSIBILITIES.—The International

4 Trade Policy Committee shall—

5 ‘‘(A) be responsible for advising the Com6 missioner with respect to the commercial customs

7 and trade facilitation functions of the United

8 States Customs and Border Protection; and

9 ‘‘(B) assist the Commissioner in coordi10 nating with the Assistant Secretary for Policy

11 regarding commercial customs and trade facili12 tation functions.

13 ‘‘(3) ANNUAL REPORT.—Not later than 30 days

14 after the end of each fiscal year, the International

15 Trade Policy Committee shall submit a report to the

16 Committee on Finance of the Senate and the Com17 mittee on Ways and Means of the House of Represent18 atives. The report shall—

19 ‘‘(A) detail the activities of the Inter20 national Trade Policy Committee during the

21 preceding fiscal year; and

22 ‘‘(B) identify the priorities of the Inter23 national Trade Policy Committee for the fiscal

24 year in which the report is filed.

25 ‘‘(f) INTERNATIONAL TRADE FINANCE COMMITTEE.—
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1 ‘‘(1) ESTABLISHMENT.—The Commissioner shall

2 establish an International Trade Finance Committee,

3 to be chaired by the Commissioner, and to include the

4 Deputy Commissioner, the Assistant Commissioner in

5 the Office of Finance, the Assistant Commissioner in

6 the Office of International Trade, and the Director of

7 the Office of Trade Relations.

8 ‘‘(2) RESPONSIBILITIES.—The Trade Finance

9 Committee shall be responsible for overseeing the oper10 ation of all programs and systems that are involved

11 in the assessment and collection of duties, bonds, and

12 other charges or penalties associated with the entry of

13 cargo into the United States, or the export of cargo

14 from the United States, including the administration

15 of duty drawback and the collection of antidumping

16 and countervailing duties.

17 ‘‘(3) ANNUAL REPORT.—Not later than 30 days

18 after the end of each fiscal year, the Trade Finance

19 Committee shall submit a report to the Committee on

20 Finance of the Senate and the Committee on Ways

21 and Means of the House of Representatives. The re22 port shall—

23 ‘‘(A) detail the activities and findings of the

24 Trade Finance Committee during the preceding

25 fiscal year; and
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1 ‘‘(B) identify the priorities of the Trade Fi2 nance Committee for the fiscal year in which the

3 report is filed.

4 ‘‘(g) DEFINITION.—In this section, the term ‘Commis5 sioner’ means the Commissioner responsible for the United

6 States Customs and Border Protection in the Department

7 of Homeland Security.’’.

8 SEC. 402. RESOURCES.

9 Section 301 of the Customs Procedural Reform and

10 Simplification Act of 1978 (19 U.S.C. 2075) is amended

11 by adding at the end the following:

12 ‘‘(h) RESOURCE ALLOCATION MODEL.—

13 ‘‘(1) RESOURCE ALLOCATION MODEL.—Not later

14 than June 30, 2007, and every 2 years thereafter, the

15 Commissioner shall prepare and submit to the Com16 mittee on Finance of the Senate and the Committee

17 on Ways and Means of the House of Representatives

18 a Resource Allocation Model to determine the optimal

19 staffing levels required to carry out the commercial

20 operations of United States Customs and Border Pro21 tection, including commercial inspection and release

22 of cargo and the revenue functions described in sec23 tion 412(b)(2) of the Homeland Security Act of 2002

24 (6 U.S.C. 212(b)(2)). The model shall comply with the

25 requirements of section 412(b)(1) of such Act and
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1 shall take into account previous staffing models and

2 historic and projected trade volumes and trends. The

3 Resource Allocation Model shall apply both risk-based

4 and random sampling approaches for determining

5 adequate staffing needs for priority trade functions,

6 including—

7 ‘‘(A) performing revenue functions;

8 ‘‘(B) enforcing antidumping and counter9 vailing laws;

10 ‘‘(C) protecting intellectual property rights;

11 ‘‘(D) enforcing provisions of law relating to

12 trade in textiles and apparel;

13 ‘‘(E) conducting agricultural inspections;

14 ‘‘(F) enforcing fines, penalties and forfeit15 ures; and

16 ‘‘(G) facilitating trade.

17 ‘‘(2) PERSONNEL.—

18 ‘‘(A) IN GENERAL.—Not later than Sep19 tember 30, 2007, the Commissioner shall ensure

20 that the requirements of section 412(b) of the

21 Homeland Security Act of 2002 (6 U.S.C.

22 212(b)) are fully satisfied and shall report to the

23 Committee on Finance of the Senate and the

24 Committee on Ways and Means of the House of
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1 Representatives regarding the implementation of

2 this subparagraph.

3 ‘‘(B) CUSTOMS AND BORDER PROTECTION

4 OFFICERS.—The initial Resource Allocation

5 Model required pursuant to paragraph (1) shall

6 provide for the hiring of a minimum of 1000 ad7 ditional Customs and Border Protection Officers.

8 The Commissioner shall hire such additional of9 ficers, subject to the appropriation of funds to

10 pay for the salaries and expenses of such officers,

11 of which the Commissioner shall assign—

12 ‘‘(i) 1 additional officer at each port of

13 entry in the United States; and

14 ‘‘(ii) the balance of the additional offi15 cers authorized by this subsection among

16 ports of entry in the United States.

17 ‘‘(C) ASSIGNMENT.—In assigning such offi18 cers pursuant to subparagraph (B), the Commis19 sioner shall consider the volume of trade and the

20 incidence of nonvoluntarily disclosed customs

21 and trade law violations in addition to security

22 priorities among such ports of entry.

23 ‘‘(D) REDISTRIBUTION.—Not later than

24 September 30, 2008, the Director of Field Oper25 ations in each Field Office may, at the request
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1 of the Director of a Service Port reporting to

2 such Field Office, direct the redistribution of the

3 additional personnel provided for pursuant to

4 subparagraph (B) among the ports of entry re5 porting to such Field Office. The Commissioner

6 shall promptly report any redistribution of per7 sonnel pursuant to subparagraph (B) to the

8 Committee on Homeland Security and Govern9 mental Affairs and Committee on Finance of the

10 Senate, and the Committee on Homeland Secu11 rity and Committee on Ways and Means of the

12 House of Representatives.

13 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—In

14 addition to any monies hereafter appropriated to

15 United States Customs and Border Protection in the

16 Department of Homeland Security, there are author17 ized to be appropriated for the purpose of meeting the

18 requirements of paragraph (2)(B), to remain avail19 able until expended—

20 ‘‘(A) $130,000,000 for fiscal year 2008.

21 ‘‘(B) $239,200,000 for fiscal year 2009.

22 ‘‘(C) $248,800,000 for fiscal year 2010.

23 ‘‘(D) $258,700,000 for fiscal year 2011.

24 ‘‘(E) $269,000,000 for fiscal year 2012.
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1 ‘‘(4) REPORT.—Not later than 30 days after the

2 end of each fiscal year, the Commissioner shall report

3 to the Committee on Finance of the Senate and the

4 Committee on Ways and Means of the House of Rep5 resentatives on the resources directed to commercial

6 and trade facilitation functions within the Office of

7 Field Operations for the preceding fiscal year. Such

8 information shall be reported for each category of per9 sonnel within the Office of Field Operations.

10 ‘‘(5) REGULATIONS TO IMPLEMENT TRADE

11 AGREEMENTS.—Not later than 30 days after the date

12 of the enactment of the Port Security Improvement

13 Act of 2006, the Commissioner shall designate and

14 maintain not less than 5 attorneys within the Office

15 of International Trade established pursuant to section

16 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter

17 348; 19 U.S.C. 2072) with primary responsibility for

18 the prompt development and promulgation of regula19 tions necessary to implement any trade agreement en20 tered into by the United States.

21 ‘‘(6) DEFINITION.—As used in this subsection,

22 the term ‘Commissioner’ means the Commissioner re23 sponsible for United States Customs and Border Pro24 tection in the Department of Homeland Security.’’.
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1 SEC. 403. NEGOTIATIONS.

2 Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629)

3 is amended by adding at the end the following:

4 ‘‘(h) CUSTOMS PROCEDURES AND COMMITMENTS.—

5 ‘‘(1) IN GENERAL.—The Secretary of Homeland

6 Security, the United States Trade Representative, and

7 other appropriate Federal officials, shall work through

8 appropriate international organizations including the

9 World Customs Organization (WCO), the World

10 Trade Organization (WTO), the International Mari11 time Organization, and the Asia-Pacific Economic

12 Cooperation, to align, to the extent practicable, cus13 toms procedures, standards, requirements, and com14 mitments in order to facilitate the efficient flow of

15 international trade.

16 ‘‘(2) UNITED STATES TRADE REPRESENTA17 TIVE.—

18 ‘‘(A) IN GENERAL.—The United States

19 Trade Representative shall seek commitments in

20 negotiations in the WTO regarding the articles of

21 GATT 1994 that are described in subparagraph

22 (B) that make progress in achieving—

23 ‘‘(i) harmonization of import and ex24 port data collected by WTO members for

25 customs purposes, to the extent practicable;
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1 ‘‘(ii) enhanced procedural fairness and

2 transparency with respect to the regulation

3 of imports and exports by WTO members;

4 ‘‘(iii) transparent standards for the ef5 ficient release of cargo by WTO members, to

6 the extent practicable; and

7 ‘‘(iv) the protection of confidential

8 commercial data.

9 ‘‘(B) ARTICLES DESCRIBED.—The articles

10 of the GATT 1994 described in this subpara11 graph are the following:

12 ‘‘(i) Article V (relating to transit).

13 ‘‘(ii) Article VIII (relating to fees and

14 formalities associated with importation and

15 exportation).

16 ‘‘(iii) Article X (relating to publication

17 and administration of trade regulations).

18 ‘‘(C) GATT 1994.—The term ‘GATT 1994’

19 means the General Agreement on Tariff and

20 Trade annexed to the WTO Agreement.

21 ‘‘(3) CUSTOMS.—The Secretary of Homeland Se22 curity, acting through the Commissioner and in con23 sultation with the United States Trade Representa24 tive, shall work with the WCO to facilitate the effi25 cient flow of international trade, taking into account
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1 existing international agreements and the negotiating

2 objectives of the WTO. The Commissioner shall work

3 to—

4 ‘‘(A) harmonize, to the extent practicable,

5 import data collected by WCO members for cus6 toms purposes;

7 ‘‘(B) automate and harmonize, to the extent

8 practicable, the collection and storage of commer9 cial data by WCO members;

10 ‘‘(C) develop, to the extent practicable,

11 transparent standards for the release of cargo by

12 WCO members;

13 ‘‘(D) develop and harmonize, to the extent

14 practicable, standards, technologies, and proto15 cols for physical or nonintrusive examinations

16 that will facilitate the efficient flow of inter17 national trade; and

18 ‘‘(E) ensure the protection of confidential

19 commercial data.

20 ‘‘(4) DEFINITION.—In this subsection, the term

21 ‘Commissioner’ means the Commissioner responsible

22 for the United States Customs and Border Protection

23 in the Department of Homeland Security.’’.
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1 SEC. 404. INTERNATIONAL TRADE DATA SYSTEM.

2 Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411)

3 is amended by adding at the end the following:

4 ‘‘(d) INTERNATIONAL TRADE DATA SYSTEM.—

5 ‘‘(1) ESTABLISHMENT.—

6 ‘‘(A) IN GENERAL.—The Secretary of the

7 Treasury (in this section, referred to as the ‘Sec8 retary’) shall oversee the establishment of an elec9 tronic trade data interchange system to be

10 known as the ‘International Trade Data System’

11 (ITDS). The ITDS shall be implemented not

12 later than the date that the Automated Commer13 cial Environment (commonly referred to as

14 ‘ACE’) is implemented.

15 ‘‘(B) PURPOSE.—The purpose of the ITDS

16 is to eliminate redundant information require17 ments, to efficiently regulate the flow of com18 merce, and to effectively enforce laws and regula19 tions relating to international trade, by estab20 lishing a single portal system, operated by the

21 United States Customs and Border Protection,

22 for the collection and distribution of standard

23 electronic import and export data required by all

24 participating Federal agencies.

25 ‘‘(C) PARTICIPATION.—
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1 ‘‘(i) IN GENERAL.—All Federal agen2 cies that require documentation for clearing

3 or licensing the importation and expor4 tation of cargo shall participate in the

5 ITDS.

6 ‘‘(ii) WAIVER.—The Director of the Of7 fice of Management and Budget may waive,

8 in whole or in part, the requirement for

9 participation for any Federal agency based

10 on the national security interests of the

11 United States.

12 ‘‘(D) CONSULTATION.—The Secretary shall

13 consult with and assist agencies in the transition

14 from paper to electronic format for the submis15 sion, issuance, and storage of documents relating

16 to data required to enter cargo into the United

17 States.

18 ‘‘(2) DATA ELEMENTS.—

19 ‘‘(A) IN GENERAL.—The Interagency Steer20 ing Committee (established under paragraph (3))

21 shall, in consultation with the agencies partici22 pating in the ITDS, define the standard set of

23 data elements to be collected, stored, and shared

24 in the ITDS. The Interagency Steering Com25 mittee shall periodically review the data elements
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1 in order to update the standard set of data ele2 ments, as necessary.

3 ‘‘(B) COMMITMENTS AND OBLIGATIONS.—

4 The Interagency Steering Committee shall ensure

5 that the ITDS data requirements are compatible

6 with the commitments and obligations of the

7 United States as a member of the World Customs

8 Organization (WCO) and the World Trade Orga9 nization (WTO) for the entry and movement of

10 cargo.

11 ‘‘(C) COORDINATION.—The Secretary shall

12 be responsible for coordinating operation of the

13 ITDS among the participating agencies and the

14 office within the United States Customs and

15 Border Protection that is responsible for main16 taining the ITDS.

17 ‘‘(3) INTERAGENCY STEERING COMMITTEE.—

18 There is established an Interagency Steering Com19 mittee (in this section, referred to as the ‘Committee’).

20 The members of the Committee shall include the Sec21 retary (who shall serve as the chairperson of the Com22 mittee), the Director of the Office of Management and

23 Budget, and the head of each agency participating in

24 the ITDS. The Committee shall assist the Secretary in
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1 overseeing the implementation of, and participation

2 in, the ITDS.

3 ‘‘(4) REPORT.—The Committee shall submit a

4 report before the end of each fiscal year to the Com5 mittee on Finance of the Senate and the Committee

6 on Ways and Means of the House of Representatives.

7 Each report shall include information on—

8 ‘‘(A) the status of the ITDS implementa9 tion;

10 ‘‘(B) the extent of participation in the

11 ITDS by Federal agencies;

12 ‘‘(C) the remaining barriers to any agency’s

13 participation;

14 ‘‘(D) the consistency of the ITDS with ap15 plicable standards established by the World Cus16 toms Organization and the World Trade Organi17 zation;

18 ‘‘(E) recommendations for technological and

19 other improvements to the ITDS; and

20 ‘‘(F) the status of the development, imple21 mentation, and management of the Automated

22 Commercial Environment within the United

23 States Customs and Border Protection.’’.
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1 SEC. 405. IN-BOND CARGO.

2 Title IV of the Tariff Act of 1930 is amended by insert3 ing after section 553 the following:

4 ‘‘SEC. 553A. REPORT ON IN-BOND CARGO.

5 ‘‘(a) REPORT.—Not later than June 30, 2007, the

6 Commissioner shall submit a report to the Committees on

7 Commerce, Science, and Transportation, Finance, and

8 Homeland Security and Governmental Affairs of the Senate

9 and the Committees on Homeland Security, Transportation

10 and Infrastructure, and Ways and Means of the House of

11 Representatives that includes—

12 ‘‘(1) a plan for closing in-bond entries at the

13 port of arrival;

14 ‘‘(2) an assessment of the personnel required to

15 ensure 100 percent reconciliation of in-bond entries

16 between the port of arrival and the port of destination

17 or exportation;

18 ‘‘(3) an assessment of the status of investigations

19 of overdue in-bond shipments and an evaluation of

20 the resources required to ensure adequate investiga21 tion of overdue in-bond shipments;

22 ‘‘(4) a plan for tracking in-bond cargo within

23 the Automated Commercial Environment (ACE);

24 ‘‘(5) an assessment of whether any particular

25 technologies should be required in the transport of in26 bond cargo;
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1 ‘‘(6) an assessment of whether ports of arrival

2 should require any additional information regarding

3 shipments of in-bond cargo;

4 ‘‘(7) an evaluation of the criteria for targeting

5 and examining in-bond cargo; and

6 ‘‘(8) an assessment of the feasibility of reducing

7 the transit time for in-bond shipments, including an

8 assessment of the impact of such a change on domestic

9 and international trade.

10 ‘‘(b) DEFINITION.—The term ‘Commissioner’ means

11 the Commissioner responsible for the United States Customs

12 and Border Protection in the Department of Homeland Se13 curity.’’.

14 SEC. 406. SENSE OF THE SENATE.

15 It is the sense of the Senate that nothing in sections

16 2, 106, 111 through 113, and 201 through 232 of this Act

17 shall be construed to affect the jurisdiction of any Standing

18 Committee of the Senate.

19 SEC. 407. FOREIGN OWNERSHIP OF PORTS.

20 (a) IN GENERAL.—On and after the date of the enact21 ment of this Act, the United States Trade Representative

22 may not negotiate any bilateral or multilateral trade agree23 ment that limits the Congress in its ability to restrict the

24 operations or ownership of United States ports by a foreign

25 country or person.
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1 (b) OPERATIONS AND OWNERSHIP.—For purposes of

2 this section, the term ‘‘operations and ownership’’

3 includes—

4 (1) operating and maintaining docks;

5 (2) loading and unloading vessels directly to or

6 from land;

7 (3) handling marine cargo;

8 (4) operating and maintaining piers;

9 (5) ship cleaning;

10 (6) stevedoring;

11 (7) transferring cargo between vessels and trucks,

12 trains, pipelines, and wharves; and

13 (8) waterfront terminal operations.

14 TITLE V—RAIL SECURITY ACT OF

15 2006

16 SEC. 501. SHORT TITLE.

17 This title may be cited as the ‘‘Rail Security Act of

18 2006’’.

19 SEC. 502. RAIL TRANSPORTATION SECURITY RISK ASSESS20 MENT.

21 (a) IN GENERAL.—

22 (1) VULNERABILITY ASSESSMENT.—The Under

23 Secretary of Homeland Security for Border and

24 Transportation Security (referred to in this title as

25 the ‘‘Under Secretary’’), in consultation with the Sec-
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1 retary of Transportation, shall conduct a vulner2 ability assessment of freight and passenger rail trans3 portation (encompassing railroads, as that term is de4 fined in section 20102(1) of title 49, United States

5 Code), which shall include—

6 (A) identification and evaluation of critical

7 assets and infrastructures;

8 (B) identification of threats to those assets

9 and infrastructures;

10 (C) identification of vulnerabilities that are

11 specific to the transportation of hazardous mate12 rials via railroad; and

13 (D) identification of security weaknesses in

14 passenger and cargo security, transportation in15 frastructure, protection systems, procedural poli16 cies, communications systems, employee training,

17 emergency response planning, and any other

18 area identified by the assessment.

19 (2) EXISTING PRIVATE AND PUBLIC SECTOR EF20 FORTS.—The assessment conducted under this sub21 section shall take into account actions taken or

22 planned by both public and private entities to address

23 identified security issues and assess the effective inte24 gration of such actions.
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1 (3) RECOMMENDATIONS.—Based on the assess2 ment conducted under this subsection, the Under Sec3 retary, in consultation with the Secretary of Trans4 portation, shall develop prioritized recommendations

5 for improving rail security, including any rec6 ommendations the Under Secretary has for—

7 (A) improving the security of rail tunnels,

8 rail bridges, rail switching and car storage

9 areas, other rail infrastructure and facilities, in10 formation systems, and other areas identified by

11 the Under Secretary as posing significant rail12 related risks to public safety and the movement

13 of interstate commerce, taking into account the

14 impact that any proposed security measure

15 might have on the provision of rail service;

16 (B) deploying equipment to detect explosives

17 and hazardous chemical, biological, and radio18 active substances, and any appropriate counter19 measures;

20 (C) training employees in terrorism preven21 tion, passenger evacuation, and response activi22 ties;

23 (D) conducting public outreach campaigns

24 on passenger railroads;

25 (E) deploying surveillance equipment; and
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1 (F) identifying the immediate and long2 term costs of measures that may be required to

3 address those risks.

4 (b) CONSULTATION; USEOF EXISTING RESOURCES.—

5 In carrying out the assessment required by subsection (a),

6 the Under Secretary shall consult with rail management,

7 rail labor, owners or lessors of rail cars used to transport

8 hazardous materials, first responders, shippers of hazardous

9 materials, public safety officials (including those within

10 other agencies and offices within the Department of Home11 land Security), and other relevant parties.

12 (c) REPORT.—

13 (1) CONTENTS.—Not later than 180 days after

14 the date of the enactment of this Act, the Under Sec15 retary shall submit to the Committee on Commerce,

16 Science, and Transportation and the Committee on

17 Homeland Security and Governmental Affairs of the

18 Senate and the Committee on Transportation and In19 frastructure of the House of Representatives a report

20 that contains—

21 (A) the assessment and prioritized rec22 ommendations required by subsection (a) and an

23 estimate of the cost to implement such rec24 ommendations;
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1 (B) a plan, developed in consultation with

2 the freight and intercity passenger railroads, and

3 State and local governments, for the government

4 to provide increased security support at high or

5 severe threat levels of alert; and

6 (C) a plan for coordinating rail security

7 initiatives undertaken by the public and private

8 sectors.

9 (2) FORMAT.—The Under Secretary may submit

10 the report in both classified and redacted formats if

11 the Under Secretary determines that such action is

12 appropriate or necessary.

13 (d) 2-YEAR UPDATES.—The Under Secretary, in con14 sultation with the Secretary of Transportation, shall update

15 the assessment and recommendations every 2 years and

16 transmit a report, which may be submitted in both classi17 fied and redacted formats, to the Committees named in sub18 section (c)(1), containing the updated assessment and rec19 ommendations.

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated to the Under Secretary

22 $5,000,000 for fiscal year 2007 to carry out this section.

23 SEC. 503. RAIL SECURITY.

24 (a) RAIL POLICE OFFICERS.—Section 28101 of title

25 49, United States Code, is amended by striking ‘‘the rail
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1 carrier’’ each place it appears and inserting ‘‘any rail car2 rier’’.

3 (b) REVIEW OF RAIL REGULATIONS.—Not later than

4 1 year after the date of the enactment of this Act, the Sec5 retary of Transportation, in consultation with the Under

6 Secretary, shall review existing rail regulations of the De7 partment of Transportation for the purpose of identifying

8 areas in which those regulations need to be revised to im9 prove rail security.

10 SEC. 504. STUDY OF FOREIGN RAIL TRANSPORT SECURITY

11 PROGRAMS.

12 (a) REQUIREMENT FOR STUDY.—Not later than 1 year

13 after the date of the enactment of this Act, the Comptroller

14 General of the United States shall complete a study of the

15 rail passenger transportation security programs that are

16 carried out for rail transportation systems in Japan, mem17 ber nations of the European Union, and other foreign coun18 tries.

19 (b) PURPOSE.—The purpose of the study conducted

20 under subsection (a) shall be to identify effective rail trans21 portation security measures that are in use in foreign rail

22 transportation systems, including innovative measures and

23 screening procedures determined effective.

24 (c) REPORT.—The Comptroller General shall submit

25 a report on the results of the study conducted under sub-
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1 section (a) to the Committee on Commerce, Science, and

2 Transportation and Committee on Homeland Security and

3 Governmental Affairs of the Senate and the Committee on

4 Transportation and Infrastructure of the House of Rep5 resentatives. The report shall include the Comptroller Gen6 eral’s assessment regarding whether it is feasible to imple7 ment within the United States any of the same or similar

8 security measures that are determined effective under the

9 study.

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

11 (a) REQUIREMENT FOR STUDY AND REPORT.—The

12 Under Secretary, in cooperation with the Secretary of

13 Transportation, shall—

14 (1) conduct a study to analyze the cost and feasi15 bility of requiring security screening for passengers,

16 baggage, and cargo on passenger trains; and

17 (2) not later than 1 year after the date of the en18 actment of this Act, submit a report containing the

19 results of the study and any recommendations that

20 the Under Secretary may have for implementing a

21 rail security screening program to—

22 (A) the Committee on Commerce, Science,

23 and Transportation and the Committee of Home24 land Security and Governmental Affairs of the

25 Senate; and
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1 (B) the Committee on Transportation and

2 Infrastructure of the House of Representatives.

3 (b) PILOT PROGRAM.—As part of the study conducted

4 under subsection (a), the Under Secretary shall complete

5 a pilot program of random security screening of passengers

6 and baggage at 5 passenger rail stations served by Amtrak,

7 which shall be selected by the Under Secretary. In con8 ducting the pilot program under this subsection, the Under

9 Secretary shall—

10 (1) test a wide range of explosives detection tech11 nologies, devices, and methods;

12 (2) require that intercity rail passengers produce

13 government-issued photographic identification, which

14 matches the name on the passenger’s tickets before the

15 passenger boarding a train; and

16 (3) attempt to give preference to locations at the

17 highest risk of terrorist attack and achieve a distribu18 tion of participating train stations in terms of geo19 graphic location, size, passenger volume, and whether

20 the station is used by commuter rail passengers and

21 Amtrak passengers.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There are

23 authorized to be appropriated to the Under Secretary to

24 carry out this section $5,000,000 for fiscal year 2007.
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1 SEC. 506. CERTAIN PERSONNEL LIMITATIONS NOT TO

2 APPLY.

3 Any statutory limitation on the number of employees

4 in the Transportation Security Administration of the De5 partment of Transportation, before or after its transfer to

6 the Department of Homeland Security, does not apply to

7 the extent that any such employees are responsible for im8 plementing the provisions of this title.

9 SEC. 507. FIRE AND LIFE-SAFETY IMPROVEMENTS.

10 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans11 portation may award grants to Amtrak for the purpose of

12 making fire and life-safety improvements to Amtrak tunnels

13 on the Northeast Corridor in New York, New York, Balti14 more, Maryland, and Washington, D.C.

15 (b) AUTHORIZATION OF APPROPRIATIONS.—There are

16 authorized to be appropriated to the Secretary of Transpor17 tation for the purposes of carrying out subsection (a) the

18 following amounts:

19 (1) For the 6 New York tunnels, to provide ven20 tilation, electrical, and fire safety technology up21 grades, emergency communication and lighting sys22 tems, and emergency access and egress for

23 passengers—

24 (A) $100,000,000 for fiscal year 2007;

25 (B) $100,000,000 for fiscal year 2008;

26 (C) $100,000,000 for fiscal year 2009; and
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1 (D) $170,000,000 for fiscal year 2010.

2 (2) For the Baltimore & Potomac tunnel and the

3 Union tunnel, together, to provide adequate drainage,

4 ventilation, communication, lighting, and passenger

5 egress upgrades—

6 (A) $10,000,000 for fiscal year 2007;

7 (B) $10,000,000 for fiscal year 2008;

8 (C) $10,000,000 for fiscal year 2009; and

9 (D) $17,000,000 for fiscal year 2010.

10 (3) For the Washington, DC Union Station tun11 nels to improve ventilation, communication, lighting,

12 and passenger egress upgrades—

13 (A) $8,000,000 for fiscal year 2007;

14 (B) $8,000,000 for fiscal year 2008;

15 (C) $8,000,000 for fiscal year 2009; and

16 (D) $8,000,000 for fiscal year 2010.

17 (c) INFRASTRUCTURE UPGRADES.—There are author18 ized to be appropriated to the Secretary of Transportation

19 $3,000,000 for fiscal year 2007 for the preliminary design

20 of options for a new tunnel on a different alignment to aug21 ment the capacity of the existing Baltimore tunnels.

22 (d) AVAILABILITY OF APPROPRIATED FUNDS.—

23 Amounts appropriated pursuant to this section shall re24 main available until expended.
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1 (e) PLANS REQUIRED.—The Secretary of Transpor2 tation may not make amounts available to Amtrak for obli3 gation or expenditure under subsection (a)—

4 (1) until Amtrak has submitted to the Secretary,

5 and the Secretary has approved, an engineering and

6 financial plan for such projects; and

7 (2) unless, for each project funded under this sec8 tion, the Secretary has approved a project manage9 ment plan prepared by Amtrak that appropriately

10 addresses—

11 (A) project budget;

12 (B) construction schedule;

13 (C) recipient staff organization;

14 (D) document control and record keeping;

15 (E) change order procedure;

16 (F) quality control and assurance;

17 (G) periodic plan updates;

18 (H) periodic status reports; and

19 (I) such other matters the Secretary deter20 mines to be appropriate.

21 (f) REVIEW OF PLANS.—

22 (1) COMPLETION.—The Secretary of Transpor23 tation shall complete the review of the plans required

24 under paragraphs (1) and (2) of subsection (e) and

25 approve or disapprove the plans not later than 45
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1 days after the date on which each such plan is sub2 mitted by Amtrak.

3 (2) INCOMPLETE PLANS.—If the Secretary deter4 mines that a plan is incomplete or deficient—

5 (A) the Secretary shall notify Amtrak of the

6 incomplete items or deficiencies; and

7 (B) not later than 30 days after receiving

8 the Secretary’s notification under subparagraph

9 (A), Amtrak shall submit a modified plan for the

10 Secretary’s review.

11 (3) REVIEW OF MODIFIED PLANS.—Not later

12 than 15 days after receiving additional information

13 on items previously included in the plan, and not

14 later than 45 days after receiving items newly in15 cluded in a modified plan, the Secretary shall—

16 (A) approve the modified plan; or

17 (B) if the Secretary finds the plan is still

18 incomplete or deficient—

19 (i) submit a report to the Committee

20 on Commerce, Science, and Transportation

21 and the Committee on Homeland Security

22 and Governmental Affairs of the Senate and

23 the Committee on Transportation and In24 frastructure of the House of Representatives
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1 that identifies the portions of the plan the

2 Secretary finds incomplete or deficient;

3 (ii) approve all other portions of the

4 plan;

5 (iii) obligate the funds associated with

6 those other portions; and

7 (iv) execute an agreement with Amtrak

8 not later than 15 days thereafter on a proc9 ess for resolving the remaining portions of

10 the plan.

11 (g) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL

12 USERS.—The Secretary of Transportation shall, taking

13 into account the need for the timely completion of all por14 tions of the tunnel projects described in subsection (a)—

15 (1) consider the extent to which rail carriers

16 other than Amtrak use the tunnels;

17 (2) consider the feasibility of seeking a financial

18 contribution from those other rail carriers toward the

19 costs of the projects; and

20 (3) obtain financial contributions or commit21 ments from such other rail carriers at levels reflecting

22 the extent of their use of the tunnels, if feasible.

23 SEC. 508. MEMORANDUM OF AGREEMENT.

24 (a) MEMORANDUM OF AGREEMENT.—Not later than

25 60 days after the date of enactment of this Act, the Sec-
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1 retary of Transportation and the Secretary of Homeland

2 Security shall execute a memorandum of agreement gov3 erning the roles and responsibilities of the Department of

4 Transportation and the Department of Homeland Security,

5 respectively, in addressing railroad transportation security

6 matters, including the processes the departments will follow

7 to promote communications, efficiency, and nonduplication

8 of effort.

9 (b) RAIL SAFETY REGULATIONS.—Section 20103(a) of

10 title 49, United States Code, is amended by striking ‘‘rail11 road safety’’ and inserting ‘‘railroad safety, including secu12 rity,’’.

13 SEC. 509. AMTRAK PLAN TO ASSIST FAMILIES OF PAS14 SENGERS INVOLVED IN RAIL PASSENGER AC15 CIDENTS.

16 (a) IN GENERAL.—Chapter 243 of title 49, United

17 States Code, is amended by adding at the end the following:

18 ‘‘§ 24316. Plans to address needs of families of pas19 sengers involved in rail passenger acci20 dents

21 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months

22 after the date of the enactment of the Rail Security Act of

23 2006, Amtrak shall submit to the Chairman of the National

24 Transportation Safety Board and the Secretary of Trans25 portation a plan for addressing the needs of the families
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1 of passengers involved in any rail passenger accident in2 volving an Amtrak intercity train and resulting in a loss

3 of life.

4 ‘‘(b) CONTENTS OF PLANS.—The plan to be submitted

5 by Amtrak under subsection (a) shall include, at a min6 imum, the following:

7 ‘‘(1) A process by which Amtrak will maintain

8 and provide to the National Transportation Safety

9 Board and the Secretary of Transportation, imme10 diately upon request, a list (which is based on the best

11 available information at the time of the request) of

12 the names of the passengers aboard the train (whether

13 or not such names have been verified), and will peri14 odically update the list. The plan shall include a pro15 cedure, with respect to unreserved trains and pas16 sengers not holding reservations on other trains, for

17 Amtrak to use reasonable efforts to ascertain the num18 ber and names of passengers aboard a train involved

19 in an accident.

20 ‘‘(2) A plan for creating and publicizing a reli21 able, toll-free telephone number within 4 hours after

22 such an accident occurs, and for providing staff, to

23 handle calls from the families of the passengers.

24 ‘‘(3) A process for notifying the families of the

25 passengers, before providing any public notice of the
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1 names of the passengers, by suitably trained individ2 uals.

3 ‘‘(4) A process for providing the notice described

4 in paragraph (2) to the family of a passenger as soon

5 as Amtrak has verified that the passenger was aboard

6 the train (whether or not the names of all of the pas7 sengers have been verified).

8 ‘‘(5) A process by which the family of each pas9 senger will be consulted about the disposition of all

10 remains and personal effects of the passenger within

11 Amtrak’s control; that any possession of the passenger

12 within Amtrak’s control will be returned to the family

13 unless the possession is needed for the accident inves14 tigation or any criminal investigation; and that any

15 unclaimed possession of a passenger within Amtrak’s

16 control will be retained by the rail passenger carrier

17 for at least 18 months.

18 ‘‘(6) A process by which the treatment of the

19 families of nonrevenue passengers will be the same as

20 the treatment of the families of revenue passengers.

21 ‘‘(7) An assurance that Amtrak will provide ade22 quate training to its employees and agents to meet the

23 needs of survivors and family members following an

24 accident.
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1 ‘‘(c) USEOF INFORMATION.—The National Transpor2 tation Safety Board, the Secretary of Transportation, and

3 Amtrak may not release to any person information on a

4 list obtained under subsection (b)(1) but may provide infor5 mation on the list about a passenger to the family of the

6 passenger to the extent that the Board or Amtrak considers

7 appropriate.

8 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not be

9 liable for damages in any action brought in a Federal or

10 State court arising out of the performance of Amtrak in

11 preparing or providing a passenger list, or in providing

12 information concerning a train reservation, pursuant to a

13 plan submitted by Amtrak under subsection (b), unless such

14 liability was caused by Amtrak’s conduct.

15 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

16 Nothing in this section may be construed as limiting the

17 actions that Amtrak may take, or the obligations that Am18 trak may have, in providing assistance to the families of

19 passengers involved in a rail passenger accident.

20 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are

21 authorized to be appropriated to the Secretary of Transpor22 tation for the use of Amtrak $500,000 for fiscal year 2007

23 to carry out this section. Amounts appropriated pursuant

24 to this subsection shall remain available until expended.’’.
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1 (b) CONFORMING AMENDMENT.—The chapter analysis

2 for chapter 243 of title 49, United States Code, is amended

3 by adding at the end the following:

‘‘Sec. 24316. Plans to address needs of families of passengers involved in rail passenger accidents.’’.

4 SEC. 510. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

5 (a) IN GENERAL.—Subject to subsection (c), the Under

6 Secretary may award grants, through the Secretary of

7 Transportation, to Amtrak—

8 (1) to secure major tunnel access points and en9 sure tunnel integrity in New York, Baltimore, and

10 Washington, D.C.;

11 (2) to secure Amtrak trains;

12 (3) to secure Amtrak stations;

13 (4) to obtain a watch list identification system

14 approved by the Under Secretary;

15 (5) to obtain train tracking and interoperable

16 communications systems that are coordinated to the

17 maximum extent possible;

18 (6) to hire additional police and security officers,

19 including canine units;

20 (7) to expand emergency preparedness efforts;

21 and

22 (8) for employee security training.
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1 (b) CONDITIONS.—The Secretary of Transportation

2 may not disburse funds to Amtrak for projects under sub3 section (a) unless—

4 (1) the projects are contained in a systemwide

5 security plan approved by the Under Secretary, in

6 consultation with the Secretary of Transportation;

7 (2) capital projects meet the requirements under

8 section 507(e)(2); and

9 (3) the plan includes appropriate measures to

10 address security awareness, emergency response, and

11 passenger evacuation training.

12 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The

13 Under Secretary shall ensure that, subject to meeting the

14 highest security needs on Amtrak’s entire system, stations

15 and facilities located outside of the Northeast Corridor re16 ceive an equitable share of the security funds authorized

17 under this section.

18 (d) AVAILABILITY OF FUNDS.—There are authorized to

19 be appropriated to the Under Secretary $63,500,000 for fis20 cal year 2007, $30,000,000 for fiscal year 2008, and

21 $30,000,000 for fiscal year 2009 for the purposes of car22 rying out this section. Amounts appropriated pursuant to

23 this subsection shall remain available until expended.
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1 SEC. 511. FREIGHT AND PASSENGER RAIL SECURITY UP2 GRADES.

3 (a) SECURITY IMPROVEMENT GRANTS.—The Under

4 Secretary may award grants to freight railroads, the Alaska

5 Railroad, hazardous materials shippers, owners of rail cars

6 used in the transportation of hazardous materials, univer7 sities, colleges and research centers, State and local govern8 ments (for passenger facilities and infrastructure not owned

9 by Amtrak), and, through the Secretary of Transportation,

10 to Amtrak, for full or partial reimbursement of costs in11 curred in the conduct of activities to prevent or respond

12 to acts of terrorism, sabotage, or other intercity passenger

13 rail and freight rail security threats, including—

14 (1) security and redundancy for critical commu15 nications, computer, and train control systems essen16 tial for secure rail operations;

17 (2) accommodation of cargo or passenger screen18 ing equipment at the international border between the

19 United States and Mexico or the international border

20 between the United States and Canada;

21 (3) the security of hazardous material transpor22 tation by rail;

23 (4) secure intercity passenger rail stations,

24 trains, and infrastructure;
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1 (5) structural modification or replacement of

2 rail cars transporting high hazard materials to im3 prove their resistance to acts of terrorism;

4 (6) employee security awareness, preparedness,

5 passenger evacuation, and emergency response train6 ing;

7 (7) public security awareness campaigns for pas8 senger train operations;

9 (8) the sharing of intelligence and information

10 about security threats;

11 (9) to obtain train tracking and interoperable

12 communications systems that are coordinated to the

13 maximum extent possible;

14 (10) to hire additional police and security offi15 cers, including canine units; and

16 (11) other improvements recommended by the re17 port required under section 502(c), including infra18 structure, facilities, and equipment upgrades.

19 (b) ACCOUNTABILITY.—The Under Secretary shall

20 adopt necessary procedures, including audits, to ensure that

21 grants awarded under this section are expended in accord22 ance with the purposes of this title and the priorities and

23 other criteria developed by the Under Secretary.

24 (c) EQUITABLE ALLOCATION.—The Under Secretary

25 shall equitably distribute the funds authorized by this sec-
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1 tion, taking into account geographic location, and shall en2 courage non-Federal financial participation in awarding

3 grants. With respect to grants for passenger rail security,

4 the Under Secretary shall also take into account passenger

5 volume and whether a station is used by commuter rail pas6 sengers and intercity rail passengers.

7 (d) CONDITIONS.—The Secretary of Transportation

8 may not disburse funds to Amtrak under subsection (a) un9 less Amtrak meets the conditions set forth in section 510(b).

10 (e) ALLOCATION BETWEEN RAILROADS AND OTH11 ERS.—Unless the Under Secretary determines, as a result

12 of the assessment required by section 502, that critical rail

13 transportation security needs require reimbursement in

14 greater amounts to any eligible entity, a grant may not

15 be awarded under this section—

16 (1) in excess of $65,000,000 to Amtrak; or

17 (2) in excess of $100,000,000 for the purposes de18 scribed in paragraphs (3) and (5) of subsection (a).

19 (f) HIGH HAZARD MATERIALS DEFINED.—In this sec20 tion, the term ‘‘high hazard materials’’ means poison inha21 lation hazard materials, class 2.3 gases, class 6.1 materials,

22 and anhydrous ammonia.

23 (g) AUTHORIZATION OF APPROPRIATIONS.—There are

24 authorized to be appropriated to the Under Secretary

25 $350,000,000 for fiscal year 2007 to carry out the purposes
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1 of this section. Amounts appropriated pursuant to this sub2 section shall remain available until expended.

3 SEC. 512. OVERSIGHT AND GRANT PROCEDURES.

4 (a) SECRETARIAL OVERSIGHT.—The Secretary of

5 Transportation may use not more than 0.5 percent of

6 amounts made available to Amtrak for capital projects

7 under this title—

8 (1) to enter into contracts for the review of pro9 posed capital projects and related program manage10 ment plans; and

11 (2) to oversee construction of such projects.

12 (b) USEOF FUNDS.—The Secretary may use amounts

13 available under subsection (a) to make contracts for safety,

14 procurement, management, and financial compliance re15 views and audits of a recipient of amounts under subsection

16 (a).

17 (c) PROCEDURES FOR GRANT AWARD.—The Under

18 Secretary shall prescribe procedures and schedules for the

19 awarding of grants under this title, including application

20 and qualification procedures (including a requirement that

21 the applicant have a security plan), and a record of deci22 sion on applicant eligibility. The procedures shall include

23 the execution of a grant agreement between the grant recipi24 ent and the Under Secretary. The Under Secretary shall
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1 issue a final rule establishing the procedures not later than

2 90 days after the date of the enactment of this Act.

3 SEC. 513. RAIL SECURITY RESEARCH AND DEVELOPMENT.

4 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP5 MENT PROGRAM.—The Under Secretary, in conjunction

6 with the Secretary of Transportation, shall carry out a re7 search and development program for the purpose of improv8 ing freight and intercity passenger rail security that may

9 include research and development projects to—

10 (1) reduce the vulnerability of passenger trains,

11 stations, and equipment to explosives and hazardous

12 chemical, biological, and radioactive substances;

13 (2) test new emergency response techniques and

14 technologies;

15 (3) develop improved freight technologies,

16 including—

17 (A) technologies for sealing rail cars;

18 (B) automatic inspection of rail cars;

19 (C) communication-based train controls;

20 and

21 (D) emergency response training;

22 (4) test wayside detectors that can detect tam23 pering with railroad equipment; and

24 (5) support enhanced security for the transpor25 tation of hazardous materials by rail, including—
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1 (A) technologies to detect a breach in a tank

2 car and transmit information about the integ3 rity of tank cars to the train crew;

4 (B) research to improve tank car integrity,

5 with a focus on tank cars that carry high hazard

6 materials (as defined in section 511(g));

7 (C) techniques to transfer hazardous mate8 rials from rail cars that are damaged or other9 wise represent an unreasonable risk to human

10 life or public safety;

11 (6) other projects recommended in the report re12 quired under section 502.

13 (b) COORDINATION WITH OTHER RESEARCH INITIA14 TIVES.—The Under Secretary shall ensure that the research

15 and development program under this section is coordinated

16 with other research and development initiatives at the De17 partment of Homeland Security and the Department of

18 Transportation. The Under Secretary shall carry out any

19 research and development project authorized under this sec20 tion through a reimbursable agreement with the Secretary

21 of Transportation if the Secretary—

22 (1) is already sponsoring a research and develop23 ment project in a similar area; or

24 (2) has a unique facility or capability that

25 would be useful in carrying out the project.
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1 (c) ACCOUNTABILITY.—The Under Secretary shall

2 adopt necessary procedures, including audits, to ensure that

3 grants made under this section are expended in accordance

4 with the purposes of this title and the priorities and other

5 criteria developed by the Under Secretary.

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated to the Under Secretary

8 $50,000,000 in each of fiscal years 2007 and 2008 to carry

9 out the purposes of this section. Amounts appropriated pur10 suant to this subsection shall remain available until ex11 pended.

12 SEC. 514. WELDED RAIL AND TANK CAR SAFETY IMPROVE13 MENTS.

14 (a) TRACK STANDARDS.—Not later than 90 days after

15 the date of the enactment of this Act, the Administrator of

16 the Federal Railroad Administration shall—

17 (1) require each track owner using continuous

18 welded rail track to include procedures to improve the

19 identification of cracks in rail joint bars in the proce20 dures filed with the Administration under section

21 213.119 of title 49, Code of Federal Regulations;

22 (2) instruct Administration track inspectors to

23 obtain copies of the most recent continuous welded

24 rail programs of each railroad within the inspectors’

25 areas of responsibility and require that inspectors use
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1 those programs when conducting track inspections;

2 and

3 (3) establish a program to—

4 (A) periodically review continuous welded

5 rail joint bar inspection data from railroads and

6 Administration track inspectors; and

7 (B) require railroads to increase the fre8 quency or improve the methods of inspection of

9 joint bars in continuous welded rail, if the Ad10 ministrator determines that such increase or im11 provement is necessary or appropriate.

12 (b) TANK CAR STANDARDS.—The Administrator of the

13 Federal Railroad Administration shall—

14 (1) not later than 1 year after the date of the en15 actment of this Act, validate the predictive model it

16 is developing to quantify the relevant dynamic forces

17 acting on railroad tank cars under accident condi18 tions; and

19 (2) not later than 18 months after the date of the

20 enactment of this Act, initiate a rulemaking to de21 velop and implement appropriate design standards

22 for pressurized tank cars.

23 (c) OLDER TANK CAR IMPACT RESISTANCE ANALYSIS

24 AND REPORT.—Not later than 2 years after the date of the
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1 enactment of this Act, the Administrator of the Federal

2 Railroad Administration shall—

3 (1) conduct a comprehensive analysis to deter4 mine the impact resistance of the steels in the shells

5 of pressure tank cars constructed before 1989; and

6 (2) submit a report to the Committee on Com7 merce, Science, and Transportation of the Senate and

8 the Committee on Transportation and Infrastructure

9 of the House of Representatives that contains rec10 ommendations for measures to eliminate or mitigate

11 the risk of catastrophic failure.

12 SEC. 515. NORTHERN BORDER RAIL PASSENGER REPORT.

13 Not later than 180 days after the date of the enactment

14 of this Act, the Under Secretary, in consultation with the

15 heads of other appropriate Federal departments and agen16 cies and the National Railroad Passenger Corporation,

17 shall submit a report to the Committee on Commerce,

18 Science, and Transportation and Committee of Homeland

19 Security and Governmental Affairs of the Senate and the

20 Committee on Transportation and Infrastructure of the

21 House of Representatives that contains—

22 (1) a description of the current system for

23 screening passengers and baggage on passenger rail

24 service between the United States and Canada;
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1 (2) an assessment of the current program to pro2 vide preclearance of airline passengers between the

3 United States and Canada as outlined in ‘‘The Agree4 ment on Air Transport Preclearance between the Gov5 ernment of Canada and the Government of the United

6 States of America’’, dated January 18, 2001;

7 (3) an assessment of the current program to pro8 vide preclearance of freight railroad traffic between

9 the United States and Canada as outlined in the

10 ‘‘Declaration of Principle for the Improved Security

11 of Rail Shipments by Canadian National Railway

12 and Canadian Pacific Railway from Canada to the

13 United States’’, dated April 2, 2003;

14 (4) information on progress by the Department

15 of Homeland Security and other Federal agencies to16 wards finalizing a bilateral protocol with Canada

17 that would provide for preclearance of passengers on

18 trains operating between the United States and Can19 ada;

20 (5) a description of legislative, regulatory, budg21 etary, or policy barriers within the United States

22 Government to providing pre-screened passenger lists

23 for rail passengers traveling between the United

24 States and Canada to the Department of Homeland

25 Security;
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1 (6) a description of the position of the Govern2 ment of Canada and relevant Canadian agencies with

3 respect to preclearance of such passengers; and

4 (7) a draft of any changes in existing Federal

5 law necessary to provide for pre-screening of such

6 passengers and providing pre-screened passenger lists

7 to the Department of Homeland Security.

8 SEC. 516. REPORT REGARDING IMPACT ON SECURITY OF

9 TRAIN TRAVEL IN COMMUNITIES WITHOUT

10 GRADE SEPARATION.

11 (a) STUDY.—The Secretary of Homeland Security, in

12 consultation with State and local government officials, shall

13 conduct a study on the impact of blocked highway-railroad

14 grade crossings on the ability of emergency responders, in15 cluding ambulances and police, fire, and other emergency

16 vehicles, to perform public safety and security duties in the

17 event of a terrorist attack.

18 (b) REPORT.—Not later than 1 year after the date of

19 the enactment of this Act, the Secretary of Homeland Secu20 rity shall submit a report to the Committee on Commerce,

21 Science, and Transportation and Committee of Homeland

22 Security and Governmental Affairs of the Senate and the

23 Committee on Transportation and Infrastructure of the

24 House of Representatives that contains—
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1 (1) the findings of the study conducted under

2 subsection (a); and

3 (2) recommendations for reducing the impact of

4 blocked crossings on emergency response.

5 SEC. 517. WHISTLEBLOWER PROTECTION PROGRAM.

6 (a) IN GENERAL.—Subchapter I of chapter 201 of title

7 49, United States Code, is amended by inserting after sec8 tion 20115 the following:

9 ‘‘§ 20118. Whistleblower protection for rail security

10 matters

11 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—A rail

12 carrier engaged in interstate or foreign commerce may not

13 discharge a railroad employee or otherwise discriminate

14 against a railroad employee because the employee (or any

15 person acting pursuant to a request of the employee)—

16 ‘‘(1) provided, caused to be provided, or is about

17 to provide or cause to be provided, to the employer or

18 the Federal Government information relating to a

19 reasonably perceived threat, in good faith, to security;

20 or

21 ‘‘(2) provided, caused to be provided, or is about

22 to provide or cause to be provided, testimony before

23 Congress or at any Federal or State proceeding re24 garding a reasonably perceived threat, in good faith,

25 to security; or
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1 ‘‘(3) refused to violate or assist in the violation

2 of any law, rule or regulation related to rail security.

3 ‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance, or

4 claim arising under this section is subject to resolution

5 under section 3 of the Railway Labor Act (45 U.S.C. 153).

6 In a proceeding by the National Railroad Adjustment

7 Board, a division or delegate of the Board, or another board

8 of adjustment established under such section 3 to resolve the

9 dispute, grievance, or claim the proceeding shall be expe10 dited and the dispute, grievance, or claim shall be resolved

11 not later than 180 days after the filing date. If the violation

12 is a form of discrimination that does not involve discharge,

13 suspension, or another action affecting pay, and no other

14 remedy is available under this subsection, the Board, divi15 sion, delegate, or other board of adjustment may award the

16 employee reasonable damages, including punitive damages,

17 of not more than $20,000.

18 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro19 vided in subsection (b), the procedure set forth in section

20 42121(b)(2)(B), including the burdens of proof, applies to

21 any complaint brought under this section.

22 ‘‘(d) ELECTION OF REMEDIES.—An employee of a

23 railroad carrier may not seek protection under both this

24 section and another provision of law for the same allegedly

25 unlawful act of the carrier.
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1 ‘‘(e) DISCLOSUREOF IDENTITY.—

2 ‘‘(1) IN GENERAL.—Except as provided in para3 graph (2), or with the written consent of the em4 ployee, the Secretary of Transportation may not dis5 close the name of an employee of a railroad carrier

6 who has provided information about an alleged viola7 tion of this section.

8 ‘‘(2) ENFORCEMENT.—The Secretary shall dis9 close to the Attorney General the name of an employee

10 described in paragraph (1) if the matter is referred

11 to the Attorney General for enforcement.’’.

12 (b) CONFORMING AMENDMENT.—The chapter analysis

13 for chapter 201 of title 49, United States Code, is amended

14 by inserting after the item relating to section 20115 the fol15 lowing:

‘‘Sec. 20118. Whistleblower protection for rail security matters.’’.

16 SEC. 518. RAIL WORKER SECURITY TRAINING PROGRAM.

17 (a) IN GENERAL.—Not later than 180 days after the

18 date of enactment of this Act, the Secretary of Homeland

19 Security and the Secretary of Transportation, in consulta20 tion with appropriate law enforcement, security, and ter21 rorism experts, representatives of railroad carriers, and

22 nonprofit employee organizations that represent rail work23 ers, shall develop and issue detailed guidance for a rail

24 worker security training program to prepare front-line

25 workers for potential threat conditions. The guidance shall
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1 take into consideration any current security training re2 quirements or best practices.

3 (b) PROGRAM ELEMENTS.—The guidance developed

4 under subsection (a) shall include elements, as appropriate

5 to passenger and freight rail service, that address the fol6 lowing:

7 (1) Determination of the seriousness of any oc8 currence.

9 (2) Crew communication and coordination.

10 (3) Appropriate responses to defend or protect

11 oneself.

12 (4) Use of protective devices.

13 (5) Evacuation procedures.

14 (6) Psychology of terrorists to cope with hijacker

15 behavior and passenger responses.

16 (7) Situational training exercises regarding var17 ious threat conditions.

18 (8) Any other subject the Secretary considers ap19 propriate.

20 (c) RAILROAD CARRIER PROGRAMS.—Not later than

21 90 days after the Secretary of Homeland Security issues

22 guidance under subsection (a) in final form, each railroad

23 carrier shall develop a rail worker security training pro24 gram in accordance with that guidance and submit it to

25 the Secretary for review. Not later than 30 days after receiv-
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1 ing a railroad carrier’s program under this subsection, the

2 Secretary shall review the program and transmit comments

3 to the railroad carrier concerning any revisions the Sec4 retary considers necessary for the program to meet the guid5 ance requirements. A railroad carrier shall respond to the

6 Secretary’s comments within 30 days after receiving them.

7 (d) TRAINING.—Not later than 1 year after the Sec8 retary reviews the training program developed by a rail9 road carrier under this section, the railroad carrier shall

10 complete the training of all front-line workers in accordance

11 with that program. The Secretary shall review implementa12 tion of the training program of a representative sample of

13 railroad carriers and report to the Senate Committee on

14 Commerce, Science, and Transportation, the House of Rep15 resentatives Committee on Transportation and Infrastruc16 ture, and the House of Representatives Committee on

17 Homeland Security on the number of reviews conducted and

18 the results. The Secretary may submit the report in both

19 classified and redacted formats as necessary.

20 (e) UPDATES.—The Secretary shall update the train21 ing guidance issued under subsection (a) as appropriate to

22 reflect new or different security threats. Railroad carriers

23 shall revise their programs accordingly and provide addi24 tional training to their front-line workers within a reason25 able time after the guidance is updated.
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1 (f) FRONT-LINE WORKERS DEFINED.—In this section,

2 the term ‘‘front-line workers’’ means security personnel, dis3 patchers, train operators, other onboard employees, mainte4 nance and maintenance support personnel, bridge tenders,

5 as well as other appropriate employees of railroad carriers,

6 as defined by the Secretary.

7 (g) OTHER EMPLOYEES.—The Secretary of Homeland

8 Security shall issue guidance and best practices for a rail

9 shipper employee security program containing the elements

10 listed under subsection (b) as appropriate.

11 SEC. 519. HIGH HAZARD MATERIAL SECURITY THREAT MITI12 GATION PLANS.

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity, in consultation with the Assistant Secretary of Home15 land Security (Transportation Security Administration)

16 and the Secretary of Transportation, shall require rail car17 riers transporting a high hazard material, and of a quan18 tity equal or exceeding the quantities of such material listed

19 in subpart 172.800, title 49, Federal Code of Regulations,

20 to develop a high hazard material security threat mitiga21 tion plan containing appropriate measures, including al22 ternative routing and temporary shipment suspension op23 tions, to address assessed risks to high consequence targets.

24 The plan, and any information submitted to the Secretary

25 under this section shall be protected as sensitive security
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1 information under the regulations prescribed under section

2 114(s) of title 49, United States Code.

3 (b) IMPLEMENTATION.—A high hazard material secu4 rity threat mitigation plan shall be put into effect by a

5 rail carrier for the shipment of high hazardous materials

6 by rail on the rail carrier’s right-of-way when the threat

7 levels of the Homeland Security Advisory System are high

8 or severe and specific intelligence of probable or imminent

9 threat exists towards—

10 (1) a high-consequence target that is within the

11 catastrophic impact zone of a railroad right-of-way

12 used to transport high hazardous material; or

13 (2) rail infrastructure or operations within the

14 immediate vicinity of a high-consequence target.

15 (c) COMPLETION AND REVIEW OF PLANS.—

16 (1) PLANS REQUIRED.—Each rail carrier

17 shall—

18 (A) submit a list of routes used to transport

19 high hazard materials to the Secretary of Home20 land Security within 60 days after the date of

21 enactment of this Act;

22 (B) develop and submit a high hazard ma23 terial security threat mitigation plan to the Sec24 retary within 180 days after it receives the no-
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1 tice of high consequence targets on such routes by

2 the Secretary; and

3 (C) submit any subsequent revisions to the

4 plan to the Secretary within 30 days after mak5 ing the revisions.

6 (2) REVIEW AND UPDATES.—The Secretary, with

7 assistance of the Secretary of Transportation, shall

8 review the plans and transmit comments to the rail9 road carrier concerning any revisions the Secretary

10 considers necessary. A railroad carrier shall respond

11 to the Secretary’s comments within 30 days after re12 ceiving them. Each rail carrier shall update and re13 submit its plan for review not less than every 2 years.

14 (d) DEFINITIONS.—In this section:

15 (1) CATASTROPHIC IMPACT ZONE.—The term

16 ‘‘catastrophic impact zone’’ means the area imme17 diately adjacent to, under, or above an active railroad

18 right-of-way used to ship high hazard materials in

19 which the potential release or explosion of the high

20 hazard material being transported would likely

21 cause—

22 (A) loss of life; or

23 (B) significant damage to property or

24 structures.
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1 (2) HIGH-CONSEQUENCE TARGET.—The term

2 ‘‘high-consequence target’’ means a building, build3 ings, infrastructure, public space, or natural resource

4 designated by the Secretary of Homeland Security

5 that is viable terrorist target of national significance,

6 the attack of which could result in—

7 (A) catastrophic loss of life; and

8 (B) significantly damaged national security

9 and defense capabilities; or

10 (C) national economic harm.

11 (3) HIGH HAZARD MATERIALS.—The term ‘‘high

12 hazard materials’’ means quantities of poison inhala13 tion hazard materials, Class 2.3 gases, Class 6.1 ma14 terials, and anhydrous ammonia that the Secretary,

15 in consultation with the Secretary of Transportation,

16 determines pose a security risk.

17 (4) RAIL CARRIER.—The term ‘‘rail carrier’’ has

18 the meaning given that term by section 10102(5) of

19 title 49, United States Code.

20 SEC. 520. PUBLIC AWARENESS.

21 Not later than 90 days after the date of enactment of

22 this Act, the Secretary of Homeland Security, in consulta23 tion with the Secretary of Transportation, shall develop a

24 national plan for public outreach and awareness. Such plan

25 shall be designed to increase awareness of measures that the
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1 general public, railroad passengers, and railroad employees

2 can take to increase railroad system security. Such plan

3 shall also provide outreach to railroad carriers and their

4 employees to improve their awareness of available tech5 nologies, ongoing research and development efforts, and

6 available Federal funding sources to improve railroad secu7 rity. Not later than 9 months after the date of enactment

8 of this Act, the Secretary of Homeland Security shall imple9 ment the plan developed under this section.

10 SEC. 521. RAILROAD HIGH HAZARD MATERIAL TRACKING.

11 (a) WIRELESS COMMUNICATIONS.—

12 (1) IN GENERAL.—In conjunction with any rail

13 security research and development program adminis14 tered by the Department of Homeland Security and

15 consistent with the results of research relating to wire16 less tracking technologies, the Secretary of Homeland

17 Security, in consultation with the Assistant Secretary

18 of Homeland Security (Transportation Security Ad19 ministration), shall develop a program that will en20 courage the equipping of rail cars transporting high

21 hazard materials (as defined in section 519) in quan22 tities equal to or greater than the quantities specified

23 in subpart 171.800 of title 49, Code of Federal Regu24 lations, with wireless terrestrial or satellite commu25 nications technology that provides—
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1 (A) car position location and tracking ca2 pabilities;

3 (B) notification of rail car depressurization,

4 breach, or unsafe temperature; and

5 (C) notification of hazardous material re6 lease.

7 (2) COORDINATION.—In developing the program

8 required by paragraph (1), the Secretary shall—

9 (A) consult with the Secretary of Transpor10 tation to coordinate the program with any ongo11 ing or planned efforts for rail car tracking at the

12 Department of Transportation; and

13 (B) ensure that the program is consistent

14 with recommendations and findings of the De15 partment of Homeland Security’s hazardous ma16 terial tank rail car tracking pilot programs.

17 (b) FUNDING.—There are authorized to be appro18 priated to the Secretary of Homeland Security to carry out

19 this section $3,000,000 for each of fiscal years 2007, 2008,

20 and 2009.

21 TITLE VI—NATIONAL ALERT

22 SYSTEM

23 SEC. 601. SHORT TITLE.

24 This title may be cited as the ‘‘Warning, Alert, and

25 Response Network Act’’.
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1 SEC. 602. NATIONAL ALERT SYSTEM.

2 (a) ESTABLISHMENT.—There is established a National

3 Alert System to provide a public communications system

4 capable of alerting the public on a national, regional, or

5 local basis to emergency situations requiring a public re6 sponse.

7 (b) FUNCTIONS.—The National Alert System—

8 (1) will enable any Federal, State, tribal, or

9 local government official with credentials issued by

10 the National Alert Office under section 603 to alert

11 the public to any imminent threat that presents a sig12 nificant risk of injury or death to the public;

13 (2) will be coordinated with and supplement ex14 isting Federal, State, tribal, and local emergency

15 warning and alert systems;

16 (3) will be flexible enough in its application to

17 permit narrowly targeted alerts in circumstances in

18 which only a small geographic area is exposed or po19 tentially exposed to the threat; and

20 (4) will transmit alerts across the greatest pos21 sible variety of communications technologies, includ22 ing digital and analog broadcasts, cable and satellite

23 television, satellite and terrestrial radio, wireless com24 munications, wireline communications, and the Inter25 net to reach the largest portion of the affected popu26 lation.
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1 (c) CAPABILITIES.—The National Alert System—

2 (1) shall incorporate multiple communications

3 technologies and be designed to adapt to, and incor4 porate, future technologies for communicating directly

5 with the public;

6 (2) shall include mechanisms and technologies to

7 ensure that members of the public with disabilities

8 and older individuals (as defined in section 102(35)

9 of the Older Americans Act of 1965 (42 U.S.C.

10 3002(35))) are able to receive alerts and information

11 provided through the National Alert System;

12 (3) shall not interfere with existing alert, warn13 ing, priority access, or emergency communications

14 systems employed by Federal, State, tribal, or local

15 emergency response personnel and may utilize exist16 ing emergency alert technologies, including the NOAA

17 All-Hazards Radio System, digital and analog broad18 cast, cable, and satellite television and satellite and

19 terrestrial radio;

20 (4) shall not be based upon any single technology

21 or platform, but shall be designed to provide alerts to

22 the largest portion of the affected population feasible

23 and improve the ability of remote areas to receive

24 alerts;
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1 (5) shall incorporate technologies to alert effec2 tively underserved communities (as determined by the

3 Commission under section 608(a) of this title);

4 (6) when technologically feasible shall be capable

5 of providing information in languages other than,

6 and in addition to, English where necessary or ap7 propriate; and

8 (7) shall be designed to promote local and re9 gional public and private partnerships to enhance

10 community preparedness and response.

11 (d) RECEPTION OF ALERTS.—The National Alert Sys12 tem shall—

13 (1) utilize multiple technologies for providing

14 alerts to the public, including technologies that do not

15 require members of the public to activate a particular

16 device or use a particular technology to receive an

17 alert provided via the National Alert System; and

18 (2) provide redundant alert mechanisms where

19 practicable so as to reach the greatest number of peo20 ple regardless of whether they have access to, or uti21 lize, any specific medium of communication or any

22 particular device.

23 (e) EMERGENCY ALERT SYSTEM.—Within 1 year after

24 the date of enactment of this Act, the Federal Communica25 tions Commission shall—
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1 (1) ensure the President, Secretary of Homeland

2 Security, and State Governors have access to the

3 emergency alert system; and

4 (2) ensure that the Emergency Alert System can

5 transmit in languages other than English.

6 SEC. 603. IMPLEMENTATION AND USE.

7 (a) AUTHORITY TO ACCESS SYSTEM.—

8 (1) IN GENERAL.—Within 180 days after the

9 date of enactment of this Act, the National Alert Of10 fice shall establish a process for issuing credentials to

11 Federal, State, tribal, or local government officials

12 with responsibility for issuing safety warnings to the

13 public that will enable them to access the National

14 Alert System and preserves access to existing alert,

15 warning, and emergency communications systems

16 pursuant to section 602(c)(3). The Office shall ap17 prove or disapprove a request for credentials within

18 60 days of request by the Federal department or agen19 cy, the governor of the State or the elected leader of

20 a federally recognized Indian tribe.

21 (2) REQUESTS FOR CREDENTIALS.—Requests for

22 credentials from Federal, State, tribal, and local gov23 ernment agencies shall be submitted to the Office by

24 the head of the Federal department or agency, or the

25 governor of the State or the elected leader of a Feder-
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1 ally recognized Indian tribe, concerned, for review

2 and approval.

3 (3) SCOPEAND LIMITATIONS OF CREDEN4 TIALS.—The Office shall—

5 (A) establish eligibility criteria for issuing,

6 renewing, and revoking access credentials;

7 (B) limit credentials to appropriate geo8 graphic areas or political jurisdictions; and

9 (C) ensure that the credentials permit use of

10 the National Alert System only for alerts that

11 are consistent with the jurisdiction, authority,

12 and basis for eligibility of the individual to

13 whom the credentials are issued to use the Na14 tional Alert System.

15 (4) PERIODIC TRAINING.—The Office shall—

16 (A) establish a periodic training program

17 for Federal, State, tribal, or local government of18 ficials with credentials to use the National Alert

19 System; and

20 (B) require such officials to undergo peri21 odic training under the program as a pre22 requisite for retaining their credentials to use the

23 system.

24 (b) ALLOWABLE ALERTS.—
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1 (1) IN GENERAL.—Any alert transmitted via the

2 National Alert System, other than an alert described in

3 paragraph (3), shall meet 1 or more of the following re4 quirements:

5 (A) An alert shall notify the public of a

6 hazardous situation that poses an imminent

7 threat to the public health or safety.

8 (B) An alert shall provide appropriate in9 structions for actions to be taken by individuals

10 affected or potentially affected by such a situa11 tion.

12 (C) An alert shall advise individuals of

13 public addresses by Federal, State, tribal, or

14 local officials when related to a significant threat

15 to public safety and transmit such addresses

16 when practicable and technically feasible.

17 (D) An alert shall notify the public of when

18 the hazardous situation has ended or has been

19 brought under control.

20 (2) EVENT ELIGIBILITY REGULATIONS.—The di21 rector of the National Alert Office, in consultation

22 with the Working Group, shall by regulation

23 specify—
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1 (A) the classes of events or situations for

2 which the National Alert System may be used to

3 alert the public; and

4 (B) the content of the types of alerts that

5 may be transmitted by or through use of the Na6 tional Alert System, which may include—

7 (i) notifications to the public of a haz8 ardous situation that poses an imminent

9 threat to the public health or safety accom10 panied by appropriate instructions for ac11 tions to be taken by individuals affected or

12 potentially affected by such a situation; and

13 (ii) when technologically feasible public

14 addresses by Federal, State, tribal, or local

15 officials related to a significant threat to

16 public safety.

17 (3) OPT-IN PROCEDURES FOR OPTIONAL

18 ALERTS.—The director of the Office, in coordination

19 with the Working Group, may establish a procedure

20 under which licensees who elect to participate in the

21 National Alert System as described in subsection (d),

22 may transmit non-emergency information via the Na23 tional Alert System to individuals who request such

24 information.
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1 (c) ACCESS POINTS.—The National Alert System shall

2 provide—

3 (1) secure, widely dispersed multiple access

4 points to Federal, State, or local government officials

5 with credentials that will enable them to initiate

6 alerts for transmission to the public via the National

7 Alert System; and

8 (2) system redundancies to ensure functionality

9 in the event of partial system failures, power failures,

10 or other interruptive events.

11 (d) ELECTION TO CARRY SERVICE.—

12 (1) AMENDMENT OF LICENSE.—Within 60 days

13 after the date on which the National Alert Office

14 adopts relevant technical standards based on rec15 ommendations of the Working Group, the Federal

16 Communications Commission shall initiate a pro17 ceeding and subsequently issue an order—

18 (A) to allow any licensee providing com19 mercial mobile service (as defined in section

20 332(d)(1) of the Communications Act of 1934

21 (47 U.S.C. 332(d)(1))) to transmit National

22 Alert System alerts to all subscribers to, or users

23 of, such service; and

24 (B) to require any such licensee who elects

25 under paragraph (2) not to participate in the
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1 transmission of National Alert System alerts, to

2 provide clear and conspicuous notice at the point

3 of sale of any devices with which its service is

4 included, that it will not transmit National

5 Alert System alerts via its service.

6 (2) ELECTION TO CARRY SERVICE.—

7 (A) IN GENERAL.—Within 30 days after the

8 Commission issues its order under paragraph

9 (1), each such licensee shall file an election with

10 the Commission with respect to whether or not it

11 intends to participate in the transmission of Na12 tional Alert System alerts.

13 (B) PARTICIPATION.—If a licensee elects to

14 participate in the transmission of National Alert

15 System alerts, the licensee shall certify to the

16 Commission that it will participate in a manner

17 consistent with the standards and protocols im18 plemented by the National Alert Office.

19 (C) ADVERTISING.—Nothing in this title

20 shall be construed to prevent a licensee from ad21 vertising that it participates in the transmission

22 of National Alert System alerts.

23 (D) WITHDRAWAL FROM OR LATER ENTRY

24 INTO SYSTEM.—The Commission shall establish a

25 procedure—
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1 (i) for a participating licensee to with2 draw from the National Alert System upon

3 notification of its withdrawal to its existing

4 subscribers;

5 (ii) for a licensee to enter the National

6 Alert System at a date later than provided

7 in subparagraph (A); and

8 (iii) under which a subscriber may ter9 minate a subscription to service provided by

10 a licensee that withdraws from the National

11 Alert System without penalty or early ter12 mination fee.

13 (E) CONSUMER CHOICE TECHNOLOGY.—

14 Any licensee electing to participate in the trans15 mission of National Alert System alerts may

16 offer subscribers the capability of preventing the

17 subscriber’s device from receiving alerts broad18 cast by the system other than an alert issued by

19 the President.

20 (3) EXPANSION OF CLASS OF LICENSEES PAR21 TICIPATING.—The Commission, in consultation with

22 the National Alert Office, may expand the class of li23 censees allowed to participate in the transmission of

24 National Alert System alerts subject to such require25 ments as the Commission, in consultation with the
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1 National Alert Office, determines to be necessary or

2 appropriate—

3 (A) to ensure the broadest feasible propaga4 tion of alerts transmitted by the National Alert

5 System to the public; and

6 (B) to ensure that the functionality, integ7 rity, and security of the National Alert System

8 is not compromised.

9 (e) DIGITAL TELEVISION TRANSMISSION TOWERS.—

10 (1) RETRANSMISSION CAPABILITY.—Within 30

11 days after the date on which the National Alert Office

12 adopts relevant technical standards based on rec13 ommendations of the Working Group, the Federal

14 Communications Commission shall initiate a pro15 ceeding to require public broadcast television licensees

16 and permittees to install necessary equipment and

17 technologies on, or as part of, any broadcast television

18 digital signal transmitter to enable the transmitter to

19 serve as a backbone for the reception, relay, and re20 transmission of National Alert System alerts.

21 (2) COMPENSATION.—The National Alert Office

22 established by section 605 shall compensate any such

23 licensee or permittee for costs incurred in complying

24 with the requirements imposed pursuant to para25 graph (1).
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1 (f) FCC REGULATION OF COMPLIANCE.—Except as

2 provided in subsections (d) and (e), the Federal Commu3 nications Commission shall have no regulatory authority

4 under this title except to regulate compliance with this title

5 by licensees and permittees regulated by the Commission

6 under the Communications Act of 1934 (47 U.S.C. 151 et

7 seq.).

8 (g) LIMITATION OF LIABILITY.—Any person that par9 ticipates in the transmission of National Alert System

10 alerts and that meets its obligations under this title shall

11 not be liable to any subscriber to, or user of, such person’s

12 service or equipment for—

13 (1) any act or omission related to or any harm

14 resulting from the transmission of, or failure to trans15 mit, a National Alert System alert to such subscriber

16 or user; or

17 (2) for the release to a government agency or en18 tity, public safety, fire service, law enforcement offi19 cial, or emergency facility of subscriber information

20 used in connection with delivering an alert.

21 (h) TESTING.—The director shall establish testing cri22 teria and guidelines for licensees that elect to participate

23 in the transmission of National Alert System alerts.
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1 SEC. 604. COORDINATION WITH EXISTING PUBLIC ALERT

2 SYSTEMS AND AUTHORITY.

3 (a) EXISTING FEDERAL WARNING SYSTEM COORDINA4 TION.—The director shall work with the Federal Commu5 nications Commission, the National Oceanic and Atmos6 pheric Administration, and other relevant Federal agencies

7 to ensure that the National Alert System—

8 (1) complements, rather than duplicates, existing

9 Federal alert systems; and

10 (2) obtains the maximum benefit possible from

11 the utilization of existing research and development,

12 technologies, and processes developed for or utilized by

13 existing Federal alert systems.

14 (b) EXISTING ALERT AUTHORITY.—Nothing in this

15 title shall be construed—

16 (1) to interfere with the authority of a Federal,

17 State, or local government official under any other

18 provision of law to transmit public alerts via the

19 NOAA All-Hazards Radio System, digital and analog

20 broadcast, cable, and satellite television and satellite

21 and terrestrial radio, or any other emergency alert

22 system in existence on the date of enactment of this

23 Act;

24 (2) to require alerts transmitted under the au25 thority described in paragraph (1) to comply with

26 any standard established pursuant to section 603; or
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1 (3) to require any Federal, State, or local gov2 ernment official to obtain credentials or undergo

3 training under this title before transmitting alerts

4 under the authority described in paragraph (1).

5 SEC. 605. NATIONAL ALERT OFFICE.

6 (a) ESTABLISHMENT.—

7 (1) IN GENERAL.—The National Alert Office is

8 established within the Department of Homeland Secu9 rity.

10 (2) DIRECTOR.—The office shall be headed by a

11 director with at least 5 years’ operational experience

12 in the management and issuance of warnings and

13 alerts, hazardous event management, or disaster plan14 ning. The Director shall serve under and report to the

15 Secretary of Homeland Security or his designee.

16 (3) STAFF.—The office shall have a staff with

17 significant technical expertise in the communications

18 industry and emergency public communications. The

19 director may request the detailing of staff from any

20 appropriate Federal department or agency in order to

21 ensure that the concerns of all such departments and

22 agencies are incorporated into the daily operation of

23 the National Alert System.

24 (b) FUNCTIONS AND RESPONSIBILITIES.—
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1 (1) IN GENERAL.—The Office shall administer,

2 operate, and manage the National Alert System estab3 lished under this title.

4 (2) IMPLEMENTATION OF WORKING GROUP REC5 OMMENDATIONS.—The Office shall be responsible for

6 implementing the recommendations of the Working

7 Group established by section 606 regarding—

8 (A) the technical transmission of alerts;

9 (B) the incorporation of new technologies

10 into the National Alert System;

11 (C) the technical capabilities of the Na12 tional Alert System; and

13 (D) any other matters that fall within the

14 duties of the Working Group.

15 (3) TRANSMISSION OF ALERTS.—In administering the

16 National Alert System, the director of the National Alert

17 Office shall ensure that—

18 (A) the National Alert System is available

19 to, and enables, only Federal, State, tribal, or

20 local government officials with credentials issued

21 by the National Alert Office under section 603 to

22 access and utilize the National Alert System;

23 (B) the National Alert System is capable of

24 providing geographically targeted alerts where

25 such alerts are appropriate;
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1 (C) the legitimacy and authenticity of any

2 proffered alert is verified before it is transmitted;

3 (D) each proffered alert complies with for4 mats, protocols, and other requirements estab5 lished by the Office to ensure the efficacy and

6 usefulness of alerts transmitted via the National

7 Alert System;

8 (E) the security and integrity of a National

9 Alert System alert from the point of origination

10 to delivery is maintained; and

11 (F) the security and integrity of the Na12 tional Alert System is maintained and protected.

13 (c) REPORTS.—

14 (1) ANNUAL REPORTS.—The director shall sub15 mit an annual report to the Senate Committee on

16 Commerce, Science, and Transportation, the Senate

17 Committee on Homeland Security and Governmental

18 Affairs, the House of Representatives Committee on

19 Homeland Security, the House of Representatives

20 Committee on Energy and Commerce, the House of

21 Representatives Committee on Science, and the House

22 of Representatives Committee on Transportation and

23 Infrastructure on the status of, and plans for, the Na24 tional Alert System. In the first annual report, the

25 director shall report on—
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1 (A) the progress made toward operational

2 activation of the alerting capabilities of the Na3 tional Alert System; and

4 (B) the anticipated date on which the Na5 tional Alert System will be available for utiliza6 tion by Federal, State, and local officials.

7 (2) 5-YEAR PLAN.—Within 1 year after the date

8 of enactment of this Act and every 5 years thereafter,

9 the director shall publish a 5-year plan that outlines

10 future capabilities and communications platforms for

11 the National Alert System. The plan shall serve as the

12 long-term planning document for the Office.

13 (d) GAO AUDITS.—

14 (1) IN GENERAL.—The Comptroller General shall

15 audit the National Alert Office every 3 years after the

16 date of enactment of this Act and periodically there17 after and transmit the findings thereof to the Senate

18 Committee on Commerce, Science, and Transpor19 tation, the Senate Committee on Homeland Security

20 and Governmental Affairs, the House of Representa21 tives Committee on Homeland Security, the House of

22 Representatives Committee on Energy and Commerce,

23 the House of Representatives Committee on Science,

24 and the House of Representatives Committee on

25 Transportation and Infrastructure.
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1 (2) RESPONSE REPORT.—If, as a result of the

2 audit, the Comptroller General expresses concern

3 about any matter addressed by the audit, the director

4 of the National Alert Office shall transmit a report to

5 the Senate Committee on Commerce, Science, and

6 Transportation, the Senate Committee on Homeland

7 Security and Governmental Affairs, the House of

8 Representatives Committee on Homeland Security,

9 the House of Representatives Committee on Energy

10 and Commerce, the House of Representatives Com11 mittee on Science, and the House of Representatives

12 Committee on Transportation and Infrastructure de13 scribing what action, if any, the director is taking to

14 respond to any such concern.

15 SEC. 606. NATIONAL ALERT SYSTEM WORKING GROUP.

16 (a) ESTABLISHMENT.—Not later than 60 days after

17 the date of enactment of this Act, the director of the Na18 tional Alert Office shall establish a working group, to be

19 known as the National Alert System Working Group.

20 (b) MEMBERSHIP.—

21 (1) APPOINTMENT; CHAIR.—The director shall

22 appoint the members of the Working Group as soon

23 as practicable after the date of enactment of this Act

24 and shall serve as its chair. In appointing members

25 of the Working Group, the director shall ensure that
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1 the number of members appointed under paragraph

2 (5) provides appropriate and adequate representation

3 for all stakeholders and interested and affected par4 ties.

5 (2) FEDERAL AGENCY REPRESENTATIVES.—Ap6 propriate personnel from the National Institute of

7 Standards and Technology, the National Oceanic and

8 Atmospheric Administration, the Federal Commu9 nications Commission, the Federal Emergency Man10 agement Agency, the Nuclear Regulatory Commission,

11 the Department of Justice, the National Communica12 tions System, the National Telecommunications and

13 Information Administration, the Department of

14 Homeland Security’s Preparedness Directorate, the

15 United States Postal Service, and other appropriate

16 Federal agencies shall serve as members of the Work17 ing Group.

18 (3) STATE AND LOCAL GOVERNMENT REPRESENT19 ATIVES.—The director shall appoint representatives of

20 State and local governments and representatives of

21 emergency services personnel, selected from among in22 dividuals nominated by national organizations rep23 resenting such governments and personnel, to serve as

24 members of the Working Group.
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1 (4) TRIBAL GOVERNMENTS.—The director shall

2 appoint representatives from Federally recognized In3 dian tribes and National Indian organizations.

4 (5) SUBJECT MATTER EXPERTS..—The director

5 shall appoint individuals who have the requisite tech6 nical knowledge and expertise to serve on the Working

7 Group in the fulfillment of its duties, including rep8 resentatives of—

9 (A) communications service providers;

10 (B) vendors, developers, and manufacturers

11 of systems, facilities; equipment, and capabilities

12 for the provision of communications services;

13 (C) third-party service bureaus;

14 (D) technical experts from the broadcasting

15 industry;

16 (E) the national organization representing

17 the licensees and permittees of noncommercial

18 broadcast television stations;

19 (F) national organizations representing in20 dividuals with special needs; and

21 (G) other individuals with technical exper22 tise that would enhance the National Alert Sys23 tem.

24 (c) DUTIES OF THE WORKING GROUP.—
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1 (1) DEVELOPMENT OF SYSTEM-CRITICAL REC2 OMMENDATIONS.—Within 1 year after the date of en3 actment of this Act, the Working Group shall develop

4 and transmit to the National Alert Office rec5 ommendations for—

6 (A) protocols, including formats, source or

7 originator identification, threat severity, hazard

8 description, and response requirements or rec9 ommendations, for alerts to be transmitted via

10 the National Alert System that ensures that

11 alerts are capable of being utilized across the

12 broadest variety of communication technologies,

13 at National, State, and local levels;

14 (B) procedures for verifying, initiating,

15 modifying, and canceling alerts transmitted via

16 the National Alert System;

17 (C) guidelines for the technical capabilities

18 of the National Alert System;

19 (D) guidelines for technical capability that

20 provides for the priority transmission of Na21 tional Alert System alerts;

22 (E) guidelines for other capabilities of the

23 National Alert System as specified in this title;

24 (F) standards for equipment and tech25 nologies used by the National Alert System;
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1 (G) guidelines for the transmission of Na2 tional System Alerts in languages in addition to

3 English, to the extent practicable; and

4 (H) guidelines for incorporating the Na5 tional Alert System into comprehensive emer6 gency planning standards for public alert and

7 notification and emergency public communica8 tions.

9 (2) INTEGRATION OF EMERGENCY AND NATIONAL

10 ALERT SYSTEMS.—The Working Group shall work

11 with the operators of nuclear power plants and other

12 critical infrastructure facilities to integrate emer13 gency alert systems for those facilities with the Na14 tional Alert System.

15 (d) MEETINGS.—

16 (1) INITIAL MEETING.—The initial meeting of

17 the Working Group shall take place not later than 60

18 days after the date of the enactment of this Act.

19 (2) OTHER MEETINGS.—After the initial meet20 ing, the Working Group shall meet at the call of the

21 chair.

22 (3) NOTICE; OPEN MEETINGS.—Any meetings

23 held by the Working Group shall be duly noticed at

24 least 14 days in advance and shall be open to the

25 public.
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1 (e) RESOURCES.—

2 (1) FEDERAL AGENCIES.—The Working Group

3 shall have reasonable access to—

4 (A) materials, resources, data, and other in5 formation from the National Institute of Stand6 ards and Technology, the Department of Com7 merce and its agencies, the Department of Home8 land Security and its bureaus, and the Federal

9 Communications Commission; and

10 (B) the facilities of any such agency for

11 purposes of conducting meetings.

12 (2) GIFTS AND GRANTS.—The Working Group

13 may accept, use, and dispose of gifts or grants of serv14 ices or property, both real and personal, for purposes

15 of aiding or facilitating the work of the Working

16 Group. Gifts or grants not used at the expiration of

17 the Working Group shall be returned to the donor or

18 grantor.

19 (f) RULES.—

20 (1) QUORUM.—One-third of the members of the

21 Working Group shall constitute a quorum for con22 ducting business of the Working Group.

23 (2) SUBCOMMITTEES.—To assist the Working

24 Group in carrying out its functions, the chair may

25 establish appropriate subcommittees composed of
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1 members of the Working Group and other subject mat2 ter experts as deemed necessary.

3 (3) ADDITIONAL RULES.—The Working Group

4 may adopt other rules as needed.

5 (g) FEDERAL ADVISORY COMMITTEE ACT.—Neither

6 the Federal Advisory Committee Act (5 U.S.C. App.) nor

7 any rule, order, or regulation promulgated under that Act

8 shall apply to the Working Group.

9 SEC. 607. RESEARCH AND DEVELOPMENT.

10 (a) IN GENERAL.—The Undersecretary of Homeland

11 Security for Science and Technology and the director joint12 ly shall establish an extramural research and development

13 program based on the recommendations of the Working

14 Group to support the development of technology that will

15 enable all existing and future providers of communications

16 services and all existing and future communications devices

17 to be utilized effectively with the National Alert System.

18 (b) FUNCTIONS.—In carrying out subsection (a) the

19 Undersecretary for Science and Technology and the director

20 shall—

21 (1) fund research and development which may

22 include academia, the private sector, and government

23 laboratories; and

24 (2) ensure that the program addresses, at a

25 minimum—
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1 (A) developing innovative technologies that

2 will transmit geographically targeted emergency

3 messages to the public;

4 (B) enhancing participation in the national

5 alert system;

6 (C) understanding and improving public

7 response to warnings; and

8 (D) enhancing the ability of local commu9 nities to integrate the National Alert System

10 into their overall operations management.

11 (c) USEOF EXISTING PROGRAMS AND RESOURCES.—

12 In developing the program, the Undersecretary for Science

13 and Technology shall utilize existing expertise of the De14 partment of Commerce, including the National Institute of

15 Standards and Technology.

16 SEC. 608. GRANT PROGRAM FOR REMOTE COMMUNITY

17 ALERT SYSTEMS.

18 (a) GRANT PROGRAM.—The Undersecretary of Com19 merce for Oceans and Atmosphere shall establish a program

20 under which grants may be made to provide for the installa21 tion of technologies in remote communities effectively

22 unserved by commercial mobile radio service (as determined

23 by the Federal Communications Commission within 180

24 days after the date of enactment of this Act) for the purpose
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1 of enabling residents of those communities to receive Na2 tional Alert System alerts.

3 (b) APPLICATIONS AND CONDITIONS.—In conducting

4 the program, the Undersecretary—

5 (1) shall establish a notification and application

6 procedure; and

7 (2) may establish such conditions, and require

8 such assurances, as may be appropriate to ensure the

9 efficiency and integrity of the grant program.

10 (c) SUNSET.—The Undersecretary may not make

11 grants under subsection (a) more than 5 years after the date

12 of enactment of this Act.

13 SEC. 609. PUBLIC FAMILIARIZATION, OUTREACH, AND RE14 SPONSE INSTRUCTIONS.

15 The director of the National Office, in consultation

16 with the Working Group, shall conduct a program of public

17 outreach to ensure that the public is aware of the National

18 Alert System and understands its capabilities and uses for

19 emergency preparedness and response. The program shall

20 incorporate multiple communications technologies and

21 methods, including inserts in packaging for wireless devices,

22 Internet websites, and the use of broadcast radio and tele23 vision Non-Commercial Sustaining Announcement Pro24 grams.
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1 SEC. 610. ESSENTIAL SERVICES DISASTER ASSISTANCE.

2 Title IV of the Robert T. Stafford Disaster Relief and

3 Emergency Assistance Act (42 U.S.C. 5170 et seq.) is

4 amended by adding at the end the following:

5 ‘‘SEC. 425. ESSENTIAL SERVICE PROVIDERS.

6 ‘‘(a) DEFINITION.—In this section, the term ‘essential

7 service provider’ means an entity that—

8 ‘‘(1) provides—

9 ‘‘(A) telecommunications service;

10 ‘‘(B) electrical power;

11 ‘‘(C) natural gas;

12 ‘‘(D) water and sewer services; or

13 ‘‘(E) any other essential service, as deter14 mined by the President;

15 ‘‘(2) is—

16 ‘‘(A) a municipal entity;

17 ‘‘(B) a nonprofit entity; or

18 ‘‘(C) a private, for-profit entity; and

19 ‘‘(3) is contributing to efforts to respond to an

20 emergency or major disaster.

21 ‘‘(b) AUTHORIZATION.—In an emergency or major dis22 aster, the President may use Federal equipment, supplies,

23 facilities, personnel, and other non-monetary resources to

24 assist an essential service provider, in exchange for reason25 able compensation.

26 ‘‘(c) COMPENSATION.—
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1 ‘‘(1) IN GENERAL.—The President shall, by regu2 lation, establish a mechanism to set reasonable com3 pensation to the Federal Government for the provision

4 of assistance under subsection (b).

5 ‘‘(2) CRITERIA.—The mechanism established

6 under paragraph (1)—

7 ‘‘(A) shall reflect the cost to the government

8 (or if this is not readily obtainable, the full mar9 ket value under the applicable circumstances) for

10 assistance provided under subsection (b) in set11 ting compensation;

12 ‘‘(B) shall have, to the maximum degree fea13 sible, streamlined procedures for determining

14 compensation; and

15 ‘‘(C) may, at the President’s discretion, be

16 based on a good faith estimate of cost to the gov17 ernment rather than an actual accounting of

18 costs.

19 ‘‘(3) PERIODIC REVIEW.—The President shall pe20 riodically review, and if necessary revise, the regula21 tions established pursuant to paragraphs (1) and (2)

22 to ensure that these regulations result in full com23 pensation to the government for transferred resources.

24 Such reviews shall occur no less frequently than once

25 every 2 years, and the results of such reviews shall be
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1 reported to the House Transportation and Infrastruc2 ture Committee and the Senate Homeland Security

3 and Governmental Affairs Committee.’’.

4 SEC. 611. DEFINITIONS.

5 In this title:

6 (1) DIRECTOR.—The term ‘‘director’’ means the

7 director of the National Alert Office.

8 (2) OFFICE.—The term ‘‘Office’’ means the Na9 tional Alert Office established by section 605.

10 (3) NATIONAL ALERT SYSTEM.—The term ‘‘Na11 tional Alert System’’ means the National Alert Sys12 tem established by section 602.

13 (4) NOAA.—The term ‘‘NOAA’’ means the Na14 tional Oceanic and Atmospheric Administration.

15 (5) NON-COMMERCIAL SUSTAINING ANNOUNCE16 MENT PROGRAM.—The term ‘‘Non-Commercial Sus17 taining Announcement Program’’ means a radio and

18 television campaign conducted for the benefit of a

19 nonprofit organization or government agency using

20 unsold commercial air time donated by participating

21 broadcast stations for use in such campaigns, and for

22 which the campaign’s sponsoring organization or

23 agency funds the cost of underwriting programs that

24 serve the public convenience, interest, and necessity,
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1 as described in section 307 of the Communications

2 Act of 1934 (47 U.S.C. 307).

3 (6) WORKING GROUP.—The term ‘‘Working

4 Group’’ means the National Alert System Working

5 Group on the established under section 606.

6 SEC. 612. SAVINGS CLAUSE.

7 Nothing in this title shall interfere with or supersede

8 the authorities, missions, programs, operations, or activities

9 of the Federal Communications Commission or the Depart10 ment of Commerce, including those of the National Oceanic

11 and Atmospheric Administration, the National Institute of

12 Standards and Technology, and the National Telecommuni13 cations and Information Administration.

14 SEC. 613. FUNDING.

15 Funding for this title shall be provided from the Dig16 ital Transition and Public Safety Fund in accordance with

17 section 3010 of the Digital Television Transition and Pub18 lic Safety Act of 2005 (47 U.S.C. 309 note).

19 TITLE VII—MASS TRANSIT

20 SECURITY

21 SEC. 701. SHORT TITLE.

22 This title may be cited as the ‘‘Public Transportation

23 Terrorism Prevention Act of 2006’’.

24 SEC. 702. FINDINGS.

25 Congress finds that—
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1 (1) public transportation systems throughout the

2 world have been a primary target of terrorist attacks,

3 causing countless death and injuries;

4 (2) 5,800 public transportation agencies operate

5 in the United States;

6 (3) 14,000,000 people in the United States ride

7 public transportation each work day;

8 (4) safe and secure public transportation systems

9 are essential for the Nation’s economy and for signifi10 cant national and international public events;

11 (5) the Federal Transit Administration has in12 vested $74,900,000,000 since 1992 for construction

13 and improvements to the Nation’s public transpor14 tation systems;

15 (6) the Federal Government appropriately in16 vested $18,100,000,000 in fiscal years 2002 through

17 2005 to protect our Nation’s aviation system and its

18 1,800,000 daily passengers;

19 (7) the Federal Government has allocated

20 $250,000,000 in fiscal years 2003 through 2005 to

21 protect public transportation systems in the United

22 States;

23 (8) the Federal Government has invested $7.38

24 in aviation security improvements per passenger, but
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1 only $0.007 in public transportation security im2 provements per passenger;

3 (9) the Government Accountability Office, the

4 Mineta Institute for Surface Transportation Policy

5 Studies, the American Public Transportation Associa6 tion, and many transportation experts have reported

7 an urgent need for significant investment in public

8 transportation security improvements; and

9 (10) the Federal Government has a duty to deter

10 and mitigate, to the greatest extent practicable,

11 threats against the Nation’s public transportation

12 systems.

13 SEC. 703. SECURITY ASSESSMENTS.

14 (a) PUBLIC TRANSPORTATION SECURITY ASSESS15 MENTS.—

16 (1) SUBMISSION.—Not later than 30 days after

17 the date of the enactment of this Act, the Federal

18 Transit Administration of the Department of Trans19 portation shall submit all public transportation secu20 rity assessments and all other relevant information to

21 the Secretary of Homeland Security.

22 (2) REVIEW.—Not later than July 31, 2007, the

23 Secretary of Homeland Security shall review and

24 augment the security assessments received under

25 paragraph (1).
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1 (3) ALLOCATIONS.—The Secretary of Homeland

2 Security shall use the security assessments received

3 under paragraph (1) as the basis for allocating grant

4 funds under section 704, unless the Secretary notifies

5 the Committee on Banking, Housing, and Urban Af6 fairs of the Senate that the Secretary has determined

7 that an adjustment is necessary to respond to an ur8 gent threat or other significant factors.

9 (4) SECURITY IMPROVEMENT PRIORITIES.—Not

10 later than September 30, 2007, the Secretary of

11 Homeland Security, after consultation with the man12 agement and employee representatives of each public

13 transportation system for which a security assessment

14 has been received under paragraph (1) and with ap15 propriate State and local officials, shall establish se16 curity improvement priorities that will be used by

17 public transportation agencies for any funding pro18 vided under section 704.

19 (5) UPDATES.—Not later than July 31, 2008,

20 and annually thereafter, the Secretary of Homeland

21 Security shall—

22 (A) update the security assessments referred

23 to in this subsection; and
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1 (B) conduct security assessments of all pub2 lic transportation agencies considered to be at

3 greatest risk of a terrorist attack.

4 (b) USEOF SECURITY ASSESSMENT INFORMATION.—

5 The Secretary of Homeland Security shall use the informa6 tion collected under subsection (a)—

7 (1) to establish the process for developing secu8 rity guidelines for public transportation security; and

9 (2) to design a security improvement strategy

10 that—

11 (A) minimizes terrorist threats to public

12 transportation systems; and

13 (B) maximizes the efforts of public trans14 portation systems to mitigate damage from ter15 rorist attacks.

16 (c) BUS AND RURAL PUBLIC TRANSPORTATION SYS17 TEMS.—Not later than July 31, 2007, the Secretary of

18 Homeland Security shall conduct security assessments, ap19 propriate to the size and nature of each system, to deter20 mine the specific needs of—

21 (1) local bus-only public transportation systems;

22 and

23 (2) selected public transportation systems that

24 receive funds under section 5311 of title 49, United

25 States Code.
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1 SEC. 704. SECURITY ASSISTANCE GRANTS.

2 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.—

3 (1) IN GENERAL.—The Secretary of Homeland

4 Security shall award grants directly to public trans5 portation agencies for allowable capital security im6 provements based on the priorities established under

7 section 703(a)(4).

8 (2) ALLOWABLEUSEOF FUNDS.—Grants award9 ed under paragraph (1) may be used for—

10 (A) tunnel protection systems;

11 (B) perimeter protection systems;

12 (C) redundant critical operations control

13 systems;

14 (D) chemical, biological, radiological, or ex15 plosive detection systems;

16 (E) surveillance equipment;

17 (F) communications equipment;

18 (G) emergency response equipment;

19 (H) fire suppression and decontamination

20 equipment;

21 (I) global positioning or automated vehicle

22 locator type system equipment;

23 (J) evacuation improvements; and

24 (K) other capital security improvements.

25 (b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.—
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1 (1) IN GENERAL.—The Secretary of Homeland

2 Security shall award grants directly to public trans3 portation agencies for allowable operational security

4 improvements based on the priorities established

5 under section 703(a)(4).

6 (2) ALLOWABLEUSEOF FUNDS.—Grants award7 ed under paragraph (1) may be used for—

8 (A) security training for public transpor9 tation employees, including bus and rail opera10 tors, mechanics, customer service, maintenance

11 employees, transit police, and security personnel;

12 (B) live or simulated drills;

13 (C) public awareness campaigns for en14 hanced public transportation security;

15 (D) canine patrols for chemical, biological,

16 or explosives detection;

17 (E) overtime reimbursement for enhanced

18 security personnel during significant national

19 and international public events, consistent with

20 the priorities established under section 703(a)(4);

21 and

22 (F) other appropriate security improve23 ments identified under section 703(a)(4), exclud24 ing routine, ongoing personnel costs.
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1 (c) COORDINATION WITH STATE HOMELAND SECU2 RITY PLANS.—In establishing security improvement prior3 ities under section 3(a)(4) and in awarding grants for cap4 ital security improvements and operational security im5 provements under subsections (a) and (b), respectively, the

6 Secretary of Homeland Security shall ensure that its ac7 tions are consistent with relevant State Homeland Security

8 Plans.

9 (d) MULTI-STATE TRANSPORTATION SYSTEMS.—In

10 cases where a public transportation system operates in more

11 than 1 State, the Secretary of Homeland Security shall give

12 appropriate consideration to the risks of the entire system,

13 including those portions of the States into which the system

14 crosses, in establishing security improvement priorities

15 under section 3(a)(4), and in awarding grants for capital

16 security improvements and operational security improve17 ments under subsections (a) and (b), respectively.

18 (e) CONGRESSIONAL NOTIFICATION.—Not later than 3

19 days before the award of any grant under this section, the

20 Secretary of Homeland Security shall notify the Committee

21 on Banking, Housing, and Urban Affairs of the Senate of

22 the intent to award such grant.

23 (f) PUBLIC TRANSPORTATION AGENCY RESPONSIBIL24 ITIES.—Each public transportation agency that receives a

25 grant under this section shall—
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1 (1) identify a security coordinator to coordinate

2 security improvements;

3 (2) develop a comprehensive plan that dem4 onstrates the agency’s capacity for operating and

5 maintaining the equipment purchased under this sec6 tion; and

7 (3) report annually to the Department of Home8 land Security on the use of grant funds received

9 under this section.

10 (g) RETURN OF MISSPENT GRANT FUNDS.—If the Sec11 retary of Homeland Security determines that a grantee used

12 any portion of the grant funds received under this section

13 for a purpose other than the allowable uses specified for that

14 grant under this section, the grantee shall return any

15 amount so used to the Treasury of the United States.

16 SEC. 705. INTELLIGENCE SHARING.

17 (a) INTELLIGENCE SHARING.—The Secretary of

18 Homeland Security shall ensure that the Department of

19 Transportation receives appropriate and timely notifica20 tion of all credible terrorist threats against public transpor21 tation assets in the United States.

22 (b) INFORMATION SHARING ANALYSIS CENTER.—

23 (1) ESTABLISHMENT.—The Secretary of Home24 land Security shall provide sufficient financial assist25 ance for the reasonable costs of the Information Shar-
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1 ing and Analysis Center for Public Transportation

2 (referred to in this subsection as the ‘‘ISAC’’) estab3 lished pursuant to Presidential Directive 63, to pro4 tect critical infrastructure.

5 (2) PUBLIC TRANSPORTATION AGENCY PARTICI6 PATION.—The Secretary of Homeland Security—

7 (A) shall require those public transportation

8 agencies that the Secretary determines to be at

9 significant risk of terrorist attack to participate

10 in the ISAC;

11 (B) shall encourage all other public trans12 portation agencies to participate in the ISAC;

13 and

14 (C) shall not charge a fee to any public

15 transportation agency for participating in the

16 ISAC.

17 SEC. 706. RESEARCH, DEVELOPMENT, AND DEMONSTRA18 TION GRANTS AND CONTRACTS.

19 (a) GRANTS AND CONTRACTS AUTHORIZED.—The Sec20 retary of Homeland Security, through the Homeland Secu21 rity Advanced Research Projects Agency in the Science and

22 Technology Directorate and in consultation with the Fed23 eral Transit Administration, shall award grants or con24 tracts to public or private entities to conduct research into,

25 and demonstrate, technologies and methods to reduce and
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1 deter terrorist threats or mitigate damages resulting from

2 terrorist attacks against public transportation systems.

3 (b) USEOF FUNDS.—Grants or contracts awarded

4 under subsection (a)—

5 (1) shall be coordinated with Homeland Security

6 Advanced Research Projects Agency activities; and

7 (2) may be used to—

8 (A) research chemical, biological, radio9 logical, or explosive detection systems that do not

10 significantly impede passenger access;

11 (B) research imaging technologies;

12 (C) conduct product evaluations and test13 ing; and

14 (D) research other technologies or methods

15 for reducing or deterring terrorist attacks

16 against public transportation systems, or miti17 gating damage from such attacks.

18 (c) REPORTING REQUIREMENT.—Each entity that is

19 awarded a grant or contract under this section shall report

20 annually to the Department of Homeland Security on the

21 use of grant or contract funds received under this section.

22 (d) RETURN OF MISSPENT GRANT OR CONTRACT

23 FUNDS.—If the Secretary of Homeland Security determines

24 that a grantee or contractor used any portion of the grant

25 or contract funds received under this section for a purpose
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1 other than the allowable uses specified under subsection (b),

2 the grantee or contractor shall return any amount so used

3 to the Treasury of the United States.

4 SEC. 707. REPORTING REQUIREMENTS.

5 (a) SEMI-ANNUAL REPORT TO CONGRESS.—

6 (1) IN GENERAL.—Not later than March 31 and

7 September 30 each year, the Secretary of Homeland

8 Security shall submit a report, containing the infor9 mation described in paragraph (2), to—

10 (A) the Committee on Banking, Housing,

11 and Urban Affairs of the Senate;

12 (B) the Committee on Homeland Security

13 and Governmental Affairs of the Senate; and

14 (C) the Committee on Appropriations of the

15 Senate.

16 (2) CONTENTS.—The report submitted under

17 paragraph (1) shall include—

18 (A) a description of the implementation of

19 the provisions of sections 703 through 706;

20 (B) the amount of funds appropriated to

21 carry out the provisions of each of sections 703

22 through 706 that have not been expended or obli23 gated; and

24 (C) the state of public transportation secu25 rity in the United States.
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1 (b) ANNUAL REPORT TO GOVERNORS.—

2 (1) IN GENERAL.—Not later than March 31 each

3 year, the Secretary of Homeland Security shall sub4 mit a report to the Governor of each State with a

5 public transportation agency that has received a

6 grant under this title.

7 (2) CONTENTS.—The report submitted under

8 paragraph (1) shall specify—

9 (A) the amount of grant funds distributed

10 to each such public transportation agency; and

11 (B) the use of such grant funds.

12 SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

13 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.—

14 There are authorized to be appropriated $2,370,000,000 for

15 fiscal year 2007 to carry out the provisions of section

16 704(a), which shall remain available until expended.

17 (b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.—

18 There are authorized to be appropriated to carry out the

19 provisions of section 704(b)—

20 (1) $534,000,000 for fiscal year 2007;

21 (2) $333,000,000 for fiscal year 2008; and

22 (3) $133,000,000 for fiscal year 2009.

23 (c) INTELLIGENCE.—There are authorized to be appro24 priated such sums as may be necessary to carry out the

25 provisions of section 705.
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1 (d) RESEARCH.—There are authorized to be appro2 priated $130,000,000 for fiscal year 2007 to carry out the

3 provisions of section 706, which shall remain available

4 until expended.

5 SEC. 709. SUNSET PROVISION.

6 The authority to make grants under this title shall ex7 pire on October 1, 2010.

8 TITLE VIII—DOMESTIC NUCLEAR

9 DETECTION OFFICE

10 SEC. 801. ESTABLISHMENT OF DOMESTIC NUCLEAR DETEC11 TION OFFICE.

12 (a) ESTABLISHMENT OF OFFICE.—The Homeland Se13 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by

14 adding at the end the following:

15 ‘‘TITLE XVIII—DOMESTIC

16 NUCLEAR DETECTION OFFICE

17 ‘‘SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.

18 ‘‘(a) ESTABLISHMENT.—There shall be established in

19 the Department of Homeland Security a Domestic Nuclear

20 Detection Office. The Secretary of Homeland Security may

21 request that the Secretaries of Defense, Energy, and State,

22 the Attorney General, the Nuclear Regulatory Commission,

23 and the directors of other Federal agencies, including ele24 ments of the Intelligence Community, provide for the reim-
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1 bursable detail of personnel with relevant expertise to the

2 Office.

3 ‘‘(b) DIRECTOR.—The Office shall be headed by a Di4 rector for Domestic Nuclear Detection, who shall be ap5 pointed by the President.

6 ‘‘SEC. 1802. MISSION OF OFFICE.

7 ‘‘(a) MISSION.—The Office shall be responsible for co8 ordinating Federal efforts to detect and protect against the

9 unauthorized importation, possession, storage, transpor10 tation, development, or use of a nuclear explosive device,

11 fissile material, or radiological material in the United

12 States, and to protect against attack using such devices or

13 materials against the people, territory, or interests of the

14 United States and, to this end, shall—

15 ‘‘(1) serve as the primary entity in the United

16 States Government to further develop, acquire, and

17 support the deployment of an enhanced domestic sys18 tem to detect and report on attempts to import, pos19 sess, store, transport, develop, or use an unauthorized

20 nuclear explosive device, fissile material, or radio21 logical material in the United States, and improve

22 that system over time;

23 ‘‘(2) enhance and coordinate the nuclear detec24 tion efforts of Federal, State, local, and tribal govern-
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1 ments and the private sector to ensure a managed, co2 ordinated response;

3 ‘‘(3) establish, with the approval of the Secretary

4 of Homeland Security and in coordination with the

5 Attorney General and the Secretaries of Defense and

6 Energy, additional protocols and procedures for use

7 within the United States to ensure that the detection

8 of unauthorized nuclear explosive devices, fissile mate9 rial, or radiological material is promptly reported to

10 the Attorney General, the Secretaries of Defense,

11 Homeland Security, and Energy, and other appro12 priate officials or their respective designees for appro13 priate action by law enforcement, military, emer14 gency response, or other authorities;

15 ‘‘(4) develop, with the approval of the Secretary

16 of Homeland Security and in coordination with the

17 Attorney General and the Secretaries of State, De18 fense, and Energy, an enhanced global nuclear detec19 tion architecture with implementation under which—

20 ‘‘(A) the Domestic Nuclear Detection Office

21 will be responsible for the implementation of the

22 domestic portion of the global architecture;

23 ‘‘(B) the Secretary of Defense will retain re24 sponsibility for implementation of Department of
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1 Defense requirements within and outside the

2 United States; and

3 ‘‘(C) the Secretaries of State, Defense, and

4 Energy will maintain their respective respon5 sibilities for policy guidance and implementa6 tion of the portion of the global architecture out7 side the United States, which will be imple8 mented consistent with applicable law and rel9 evant international arrangements;

10 ‘‘(5) conduct, support, coordinate, and encourage

11 an aggressive, expedited, evolutionary, and trans12 formational program of research and development ef13 forts to prevent and detect the illicit entry, transport,

14 assembly, or potential use within the United States of

15 a nuclear explosive device or fissile or radiological

16 material;

17 ‘‘(6) support and enhance the effective sharing

18 and use of appropriate information generated by the

19 intelligence community, law enforcement agencies,

20 counterterrorism community, other government agen21 cies, and foreign governments, as well as provide ap22 propriate information to such entities;

23 ‘‘(7) further enhance and maintain continuous

24 awareness by analyzing information from all Domes-
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1 tic Nuclear Detection Office mission-related detection

2 systems; and

3 ‘‘(8) perform other duties as assigned by the Sec4 retary.

5 ‘‘SEC. 1803. HIRING AUTHORITY.

6 ‘‘In hiring personnel for the Office, the Secretary of

7 Homeland Security shall have the hiring and management

8 authorities provided in section 1101 of the Strom Thur9 mond National Defense Authorization Act for Fiscal Year

10 1999 (5 U.S.C. 3104 note; Public Law 105–261). The term

11 of appointments for employees under subsection (c)(1) of

12 that section may not exceed 5 years before granting any

13 extension under subsection (c)(2) of that section.

14 ‘‘SEC. 1804. TESTING AUTHORITY.

15 ‘‘(a) IN GENERAL.—The Director shall coordinate with

16 the responsible Federal agency or other entity to facilitate

17 the use by the Office, by its contractors, or by other persons

18 or entities, of existing Government laboratories, centers,

19 ranges, or other testing facilities for the testing of materials,

20 equipment, models, computer software, and other items as

21 may be related to the missions identified in section 1802.

22 Any such use of Government facilities shall be carried out

23 in accordance with all applicable laws, regulations, and

24 contractual provisions, including those governing security,

25 safety, and environmental protection, including, when ap-
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1 plicable, the provisions of section 309. The Office may direct

2 that private-sector entities utilizing Government facilities

3 in accordance with this section pay an appropriate fee to

4 the agency that owns or operates those facilities to defray

5 additional costs to the Government resulting from such use.

6 ‘‘(b) CONFIDENTIALITY OF TEST RESULTS.—The re7 sults of tests performed with services made available shall

8 be confidential and shall not be disclosed outside the Federal

9 Government without the consent of the persons for whom

10 the tests are performed.

11 ‘‘(c) FEES.—Fees for services made available under

12 this section shall not exceed the amount necessary to recoup

13 the direct and indirect costs involved, such as direct costs

14 of utilities, contractor support, and salaries of personnel

15 that are incurred by the United States to provide for the

16 testing.

17 ‘‘(d) USEOF FEES.—Fees received for services made

18 available under this section may be credited to the appro19 priation from which funds were expended to provide such

20 services.

21 ‘‘SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTI22 TIES AND FEDERAL AGENCIES.

23 ‘‘The authority of the Director under this title shall

24 not affect the authorities or responsibilities of any officer

25 of the Department of Homeland Security or of any officer
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1 of any other Department or agency of the United States

2 with respect to the command, control, or direction of the

3 functions, personnel, funds, assets, and liabilities of any en4 tity within the Department of Homeland Security or any

5 Federal department or agency.’’.

6 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

7 (1) Section 103(d) of the Homeland Security Act

8 of 2002 (6 U.S.C. 113(d)) is amended by adding at

9 the end the following:

10 ‘‘(5) A Director of the Domestic Nuclear Detec11 tion Office.’’.

12 (2) Section 302 of such Act (6 U.S.C. 182) is

13 amended—

14 (A) in paragraph (2) by striking ‘‘radio15 logical, nuclear’’; and

16 (B) in paragraph (5)(A) by striking ‘‘radio17 logical, nuclear’’.

18 (3) Section 305 of such Act (6 U.S.C. 185) is

19 amended by inserting ‘‘and the Director of the Domes20 tic Nuclear Detection Office’’ after ‘‘Technology’’.

21 (4) Section 308 of such Act (6 U.S.C. 188) is

22 amended in each of subsections (a) and (b)(1) by in23 serting ‘‘and the Director of the Domestic Nuclear De24 tection Office’’ after ‘‘Technology’’ each place it ap25 pears.
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1 (5) The table of contents of such Act (6 U.S.C.

2 101) 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.’’.

3 SEC. 802. TECHNOLOGY RESEARCH AND DEVELOPMENT IN4 VESTMENT STRATEGY FOR NUCLEAR AND RA5 DIOLOGICAL DETECTION.

6 (a) IN GENERAL.—Not later than 1 year after the date

7 of enactment of this Act, the Secretary of Homeland Secu8 rity, the Secretary of the Department of Energy, the Sec9 retary of Defense, and the Director of National Intelligence

10 shall submit to Congress a research and development invest11 ment strategy for nuclear and radiological detection.

12 (b) CONTENTS.—The strategy under subsection (a)

13 shall include—

14 (1) a long-term technology roadmap for nuclear

15 and radiological detection applicable to the mission

16 needs of the Departments of Homeland Security, En17 ergy, and Defense, and the Office of the Director of

18 National Intelligence;

19 (2) budget requirements necessary to meet the

20 roadmap; and

21 (3) documentation of how the Departments of

22 Homeland Security, Energy, and Defense, and the Of-
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1 fice of the Director of National Intelligence will im2 plement the intent of this title.

3 TITLE IX—IMPROVED MOTOR

4 CARRIER, BUS, AND HAZ5 ARDOUS MATERIAL SECURITY

6 SEC. 901. SHORT TITLE.

7 This title may be cited as the ‘‘Transportation Secu8 rity Improvement Act of 2006’’.

9 SEC. 902. HAZARDOUS MATERIALS HIGHWAY ROUTING.

10 (a) ROUTE PLAN GUIDANCE.—Within one year after

11 the date of enactment of this Act, the Secretary of Transpor12 tation, in consultation with the Secretary of Homeland Se13 curity, shall—

14 (1) document existing and proposed routes for

15 the transportation of radioactive and non-radioactive

16 hazardous materials by motor carrier, and develop a

17 framework for using a Geographic Information Sys18 tem-based approach to characterize routes in the Na19 tional Hazardous Materials Route Registry;

20 (2) assess and characterize existing and proposed

21 routes for the transportation of radioactive and non22 radioactive hazardous materials by motor carrier for

23 the purpose of identifying measurable criteria for se24 lecting routes based on safety and security concerns;
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1 (3) analyze current route-related hazardous ma2 terials regulations in the United States, Canada, and

3 Mexico to identify cross-border differences and con4 flicting regulations;

5 (4) document the concerns of the public, motor

6 carriers, and State, local, territorial, and tribal gov7 ernments about the highway routing of hazardous ma8 terials for the purpose of identifying and mitigating

9 security vulnerabilities associated with hazardous ma10 terial routes;

11 (5) prepare guidance materials for State officials

12 to assist them in identifying and reducing both safety

13 concerns and security vulnerabilities when desig14 nating highway routes for hazardous materials con15 sistent with the 13 safety-based non-radioactive mate16 rials routing criteria and radioactive materials rout17 ing criteria in Subpart C part 397 of title 49, Code

18 of Federal Regulations;

19 (6) develop a tool that will enable State officials

20 to examine potential routes for the highway transpor21 tation of hazardous material and assess specific secu22 rity vulnerabilities associated with each route and ex23 plore alternative mitigation measures; and

24 (7) transmit to the Senate Committee on Com25 merce, Science, and Transportation, and the House of
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1 Representatives Committee on Transportation and

2 Infrastructure a report on the actions taken to fulfill

3 paragraphs (1) through (6) of this subsection and any

4 recommended changes to the routing requirements for

5 the highway transportation of hazardous materials in

6 part 397 of title 49, Code of Federal Regulations.

7 (b) ROUTE PLANS.—

8 (1) ASSESSMENT.—Within one year after the

9 date of enactment of this Act, the Secretary of Trans10 portation shall complete an assessment of the safety

11 and national security benefits achieved under existing

12 requirements for route plans, in written or electronic

13 format, for explosives and radioactive materials. The

14 assessment shall, at a minimum—

15 (A) compare the percentage of Department

16 of Transportation recordable incidents and the

17 severity of such incidents for shipments of explo18 sives and radioactive materials for which such

19 route plans are required with the percentage of

20 recordable incidents and the severity of such in21 cidents for shipments of explosives and radio22 active materials not subject to such route plans;

23 and

24 (B) quantify the security and safety bene25 fits, feasibility, and costs of requiring each motor
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1 carrier that is required to have a hazardous ma2 terial safety permit under part 385 of title 49,

3 Code of Federal Regulations, to maintain, follow,

4 and carry such a route plan that meets the re5 quirements of section 397.101 of that title when

6 transporting the type and quantity of hazardous

7 materials described in section 385.403 of that

8 title, taking into account the various segments of

9 the trucking industry, including tank truck,

10 truckload and less than truckload carriers.

11 (2) REPORT.—Within one year after the date of

12 enactment of this Act, the Secretary of Transportation

13 shall submit a report to the Senate Committee on

14 Commerce, Science, and Transportation, and the

15 House of Representatives Committee on Transpor16 tation and Infrastructure containing the findings and

17 conclusions of the assessment.

18 (c) REQUIREMENT.—The Secretary shall require motor

19 carriers that have a hazardous material safety permit

20 under part 385 of title 49, Code of Federal Regulations,

21 to maintain, follow, and carry a route plan, in written or

22 electronic format, that meets the requirements of section

23 397.101 of that title when transporting the type and quan24 tity of hazardous materials described in section 385.403 of

25 that title if the Secretary determines, under the assessment
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1 required in subsection (b), that such a requirement would

2 enhance the security and safety of the nation without im3 posing unreasonable costs or burdens upon motor carriers.

4 SEC. 903. MOTOR CARRIER HIGH HAZARD MATERIAL

5 TRACKING.

6 (a) WIRELESS COMMUNICATIONS—

7 (1) IN GENERAL.—Consistent with the findings

8 of the Transportation Security Administration’s

9 Hazmat Truck Security Pilot Program and within 6

10 months after the date of enactment of this Act, the

11 Secretary of Homeland Security, through the Trans12 portation Security Administration and in consulta13 tion with the Secretary of Transportation, shall de14 velop a program to encourage the equipping of motor

15 carriers transporting high hazard materials in quan16 tities equal to or greater than the quantities specified

17 in subpart 171.800 of title 49, Code of Federal Regu18 lations, with wireless communications technology that

19 provides—

20 (A) continuous communications;

21 (B) vehicle position location and tracking

22 capabilities; and

23 (C) a feature that allows a driver of such

24 vehicles to broadcast an emergency message.
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1 (2) CONSIDERATIONS.—In developing the pro2 gram required by paragraph (1), the Secretary

3 shall—

4 (A) consult with the Secretary of Transpor5 tation to coordinate the program with any ongo6 ing or planned efforts for motor carrier tracking

7 at the Department of Transportation;

8 (B) take into consideration the rec9 ommendations and findings of the report on the

10 Hazardous Material Safety and Security Oper11 ation Field Test released by the Federal Motor

12 Carrier Safety Administration on November 11,

13 2004;

14 (C) evaluate—

15 (i) any new information related to the

16 cost and benefits of deploying and utilizing

17 truck tracking technology for motor carriers

18 transporting high hazard materials not in19 cluded in the Hazardous Material Safety

20 and Security Operation Field Test Report

21 released by the Federal Motor Carrier Safe22 ty Administration on November 11, 2004;

23 (ii) the ability of truck tracking tech24 nology to resist tampering and disabling;
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1 (iii) the capability of truck tracking

2 technology to collect, display, and store in3 formation regarding the movements of ship4 ments of high hazard materials by commer5 cial motor vehicles;

6 (iv) the appropriate range of contact

7 intervals between the tracking technology

8 and a commercial motor vehicle trans9 porting high hazard materials; and

10 (v) technology that allows the installa11 tion by a motor carrier of concealed elec12 tronic devices on commercial motor vehicles

13 that can be activated by law enforcement

14 authorities and alert emergency response re15 sources to locate and recover security sen16 sitive material in the event of loss or theft

17 of such material.

18 (b) FUNDING.—There are authorized to be appro19 priated to the Secretary of Homeland Security to carry out

20 this section $3,000,000 for each of fiscal years 2007, 2008,

21 and 2009.

22 SEC. 904. HAZARDOUS MATERIALS SECURITY INSPECTIONS

23 AND ENFORCEMENT.

24 (a) IN GENERAL.—The Secretary of Homeland Secu25 rity shall establish a program within the Transportation
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1 Security Administration, in consultation with the Sec2 retary of Transportation, for reviewing hazardous mate3 rials security plans required under part 172, title 49, Code

4 of Federal Regulations, within 180 days after the date of

5 enactment of this Act. In establishing the program, the Sec6 retary shall ensure that—

7 (1) the program does not subject carriers to un8 necessarily duplicative reviews of their security plans

9 by the 2 departments; and

10 (2) a common set of standards is used to review

11 the security plans.

12 (b) CIVIL PENALTY.—The failure, by a shipper, car13 rier, or other person subject to part 172 of title 49, Code

14 of Federal Regulations, to comply with any applicable sec15 tion of that part within 180 days after being notified by

16 the Secretary of such failure to comply, is punishable by

17 a civil penalty imposed by the Secretary under title 49,

18 United States Code. For purposes of this subsection, each

19 day of noncompliance after the 181st day following the date

20 on which the shipper, carrier, or other person received no21 tice of the failure shall constitute a separate failure.

22 (c) COMPLIANCE REVIEW.—In reviewing the compli23 ance of hazardous materials shippers, carriers, or other per24 sons subject to part 172 of title 49, Code of Federal Regula25 tions, with the provisions of that part, the Secretary shall
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1 utilize risk assessment methodologies to prioritize review

2 and enforcement actions to the most vulnerable and critical

3 hazardous materials transportation operations.

4 (d) TRANSPORTATION COSTS STUDY.—Within 1 year

5 after the date of enactment of this Act, the Secretary of

6 Transportation, in conjunction with the Secretary of Home7 land Security, shall study to what extent the insurance, se8 curity, and safety costs borne by railroad carriers, motor

9 carriers, pipeline carriers, air carriers, and maritime car10 riers associated with the transportation of hazardous mate11 rials are reflected in the rates paid by shippers of such com12 modities as compared to the costs and rates respectively for

13 the transportation of non-hazardous materials.

14 (e) FUNDING.—There are authorized to be appro15 priated to the Secretary of Homeland Security to carry out

16 this section—

17 (1) $2,000,000 for fiscal year 2007;

18 (2) $2,000,000 for fiscal year 2008; and

19 (3) $2,000,000 for fiscal year 2009.

20 SEC. 905. TRUCK SECURITY ASSESSMENT.

21 Not later than 1 year after the date of enactment of

22 this Act, the Secretary of Transportation shall transmit to

23 the Senate Committee on Commerce, Science, and Trans24 portation, Senate Committee on Finance, the House of Rep25 resentatives Committee on Transportation and Infrastruc-
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1 ture, the House of Representatives Committee on Homeland

2 Security, and the House of Representatives Committe on

3 Ways and Means, a report on security issues related to the

4 trucking industry that includes—

5 (1) an assessment of actions already taken to ad6 dress identified security issues by both public and

7 private entities;

8 (2) an assessment of the economic impact that

9 security upgrades of trucks, truck equipment, or truck

10 facilities may have on the trucking industry and its

11 employees, including independent owner-operators;

12 (3) an assessment of ongoing research and the

13 need for additional research on truck security; and

14 (4) an assessment of industry best practices to

15 enhance security.

16 SEC. 906. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

17 (a) DEVELOPMENT.—The Secretary of Homeland Se18 curity, in conjunction with the Secretary of Transportation,

19 shall consider the development of a national public sector

20 response system to receive security alerts, emergency mes21 sages, and other information used to track the transpor22 tation of high hazard materials which can provide accurate,

23 timely, and actionable information to appropriate first re24 sponder, law enforcement and public safety, and homeland

25 security officials, as appropriate, regarding accidents,
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1 threats, thefts, or other safety and security risks or inci2 dents. In considering the development of this system, they

3 shall consult with law enforcement and public safety offi4 cials, hazardous material shippers, motor carriers, rail5 roads, organizations representing hazardous material em6 ployees, State transportation and hazardous materials offi7 cials, private for-profit and non-profit emergency response

8 organizations, and commercial motor vehicle and hazardous

9 material safety groups. Consideration of development of the

10 national public sector response system shall be based upon

11 the public sector response center developed for the Transpor12 tation Security Administration hazardous material truck

13 security pilot program and hazardous material safety and

14 security operational field test undertaken by the Federal

15 Motor Carrier Safety Administration.

16 (b) CAPABILITY.—The national public sector response

17 system to be considered shall be able to receive, as

18 appropriate—

19 (1) negative driver verification alerts;

20 (2) out-of-route alerts;

21 (3) driver panic or emergency alerts; and

22 (4) tampering or release alerts.

23 (c) CHARACTERISTICS.—The national public sector re24 sponse system to be considered shall—

25 (1) be an exception-based system;
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1 (2) be integrated with other private and public

2 sector operation reporting and response systems and

3 all Federal homeland security threat analysis systems

4 or centers (including the National Response Center);

5 and

6 (3) provide users the ability to create rules for

7 alert notification messages.

8 (d) CARRIER PARTICIPATION.—The Secretary of

9 Homeland Security shall coordinate with motor carriers

10 and railroads transporting high hazard materials, entities

11 acting on their behalf who receive communication alerts

12 from motor carriers or railroads, or other Federal agencies

13 that receive security and emergency related notification re14 garding high hazard materials in transit to facilitate the

15 provisions of the information listed in subsection (b) to the

16 national public sector response system to the extent possible

17 if the system is established.

18 (e) DATA PRIVACY.—The national public sector re19 sponse system shall be designed to ensure appropriate pro20 tection of data and information relating to motor carriers,

21 railroads, and employees.

22 (f) REPORT.—Not later than 180 days after the date

23 of enactment of this Act, the Secretary shall transmit to

24 the Senate Committee on Commerce, Science, and Trans25 portation, the House of Representatives Committee on
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1 Transportation and Infrastructure, and the House of Rep2 resentatives Committee on Homeland Security a report on

3 whether to establish a national public sector response system

4 and the estimated total public and private sector costs to

5 establish and annually operate such a system, together with

6 any recommendations for generating private sector partici7 pation and investment in the development and operation

8 of such a system.

9 (g) FUNDING.—There are authorized to be appro10 priated to the Secretary of Homeland Security to carry out

11 this section—

12 (1) $1,000,000 for fiscal year 2007;

13 (2) $1,000,000 for fiscal year 2008; and

14 (3) $1,000,000 for fiscal year 2009.

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

16 (a) IN GENERAL.—The Secretary of Homeland Secu17 rity shall establish a program within the Transportation

18 Security Administration for making grants to private oper19 ators of over-the-road buses or over-the-road bus terminal

20 operators for system-wide security improvements to their

21 operations, including—

22 (1) constructing and modifying terminals, ga23 rages, facilities, or over-the-road buses to assure their

24 security;

25 (2) protecting or isolating the driver;
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1 (3) acquiring, upgrading, installing, or oper2 ating equipment, software, or accessorial services for

3 collection, storage, or exchange of passenger and driv4 er information through ticketing systems or otherwise,

5 and information links with government agencies;

6 (4) training employees in recognizing and re7 sponding to security threats, evacuation procedures,

8 passenger screening procedures, and baggage inspec9 tion;

10 (5) hiring and training security officers;

11 (6) installing cameras and video surveillance

12 equipment on over-the-road buses and at terminals,

13 garages, and over-the-road bus facilities;

14 (7) creating a program for employee identifica15 tion or background investigation;

16 (8) establishing and upgrading an emergency

17 communications system linking operational head18 quarters, over-the-road buses, law enforcement, and

19 emergency personnel; and

20 (9) implementing and operating passenger

21 screening programs at terminals and on over-the-road

22 buses.

23 (b) FEDERAL SHARE.—The Federal share of the cost

24 for which any grant is made under this section shall be

25 80 percent.
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1 (c) DUE CONSIDERATION.—In making grants under

2 this section, the Secretary shall give due consideration to

3 private operators of over-the-road buses that have taken

4 measures to enhance bus transportation security from those

5 in effect before September 11, 2001, and shall prioritize

6 grant funding based on the magnitude and severity of the

7 security threat to bus passengers and the ability of the fund8 ed project to reduce, or respond to, that threat.

9 (d) GRANT REQUIREMENTS.—A grant under this sec10 tion shall be subject to all the terms and conditions that

11 a grant is subject to under section 3038(f) of the Transpor12 tation Equity Act for the 21st Century (49 U.S.C. 5310

13 note; 112 Stat. 393).

14 (e) PLAN REQUIREMENT.—

15 (1) IN GENERAL.—The Secretary may not make

16 a grant under this section to a private operator of

17 over-the-road buses until the operator has first sub18 mitted to the Secretary—

19 (A) a plan for making security improve20 ments described in subsection (a) and the Sec21 retary has approved the plan; and

22 (B) such additional information as the Sec23 retary may require to ensure accountability for

24 the obligation and expenditure of amounts made

25 available to the operator under the grant.
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1 (2) COORDINATION.—To the extent that an ap2 plication for a grant under this section proposes secu3 rity improvements within a specific terminal owned

4 and operated by an entity other than the applicant,

5 the applicant shall demonstrate to the satisfaction of

6 the Secretary that the applicant has coordinated the

7 security improvements for the terminal with that en8 tity.

9 (f) OVER-THE-ROAD BUS DEFINED.—In this section,

10 the term ‘‘over-the-road bus’’ means a bus characterized by

11 an elevated passenger deck located over a baggage compart12 ment.

13 (g) BUS SECURITY ASSESSMENT.—

14 (1) IN GENERAL.—Not later than 180 days after

15 the date of enactment of this Act, the Secretary shall

16 transmit to the Senate Committee on Commerce,

17 Science, and Transportation, the House of Represent18 atives Committee on Transportation and Infrastruc19 ture, and the House of Representatives Committee on

20 Homeland Security a preliminary report in accord21 ance with the requirements of this section.

22 (2) CONTENTS OF PRELIMINARY REPORT.—The

23 preliminary report shall include—

24 (A) an assessment of the over-the-road bus

25 security grant program;
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1 (B) an assessment of actions already taken

2 to address identified security issues by both pub3 lic and private entities and recommendations on

4 whether additional safety and security enforce5 ment actions are needed;

6 (C) an assessment of whether additional leg7 islation is needed to provide for the security of

8 Americans traveling on over-the-road buses;

9 (D) an assessment of the economic impact

10 that security upgrades of buses and bus facilities

11 may have on the over-the-road bus transpor12 tation industry and its employees;

13 (E) an assessment of ongoing research and

14 the need for additional research on over-the-road

15 bus security, including engine shut-off mecha16 nisms, chemical and biological weapon detection

17 technology, and the feasibility of

18 compartmentalization of the driver; and

19 (F) an assessment of industry best practices

20 to enhance security.

21 (3) CONSULTATION WITH INDUSTRY, LABOR, AND

22 OTHER GROUPS.—In carrying out this section, the

23 Secretary shall consult with over-the-road bus man24 agement and labor representatives, public safety and
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1 law enforcement officials, and the National Academy

2 of Sciences.

3 (h) FUNDING.—There are authorized to be appro4 priated to the Secretary of Homeland Security to carry out

5 this section—

6 (1) $12,000,000 for fiscal year 2007;

7 (2) $25,000,000 for fiscal year 2008; and

8 (3) $25,000,000 for fiscal year 2009.

9 Amounts made available pursuant to this subsection shall

10 remain available until expended.

11 SEC. 908. PIPELINE SECURITY AND INCIDENT RECOVERY

12 PLAN.

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity, in consultation with the Secretary of Transportation

15 and the Pipeline and Hazardous Materials Safety Adminis16 tration, and in accordance with the Memorandum of Un17 derstanding Annex executed under section 909, shall develop

18 a Pipeline Security and Incident Recovery Protocols Plan.

19 The plan shall include—

20 (1) a plan for the Federal Government to provide

21 increased security support to the most critical inter22 state and intrastate natural gas and hazardous liquid

23 transmission pipeline infrastructure and operations

24 as determined under section 909—
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1 (A) at high or severe security threat levels

2 of alert; and

3 (B) when specific security threat informa4 tion relating to such pipeline infrastructure or

5 operations exists; and

6 (2) an incident recovery protocol plan, developed

7 in conjunction with interstate and intrastate trans8 mission and distribution pipeline operators and ter9 minals and facilities operators connected to pipelines,

10 to develop protocols to ensure the continued transpor11 tation of natural gas and hazardous liquids to essen12 tial markets and for essential public health or na13 tional defense uses in the event of an incident affect14 ing the interstate and intrastate natural gas and haz15 ardous liquid transmission and distribution pipeline

16 system, which shall include protocols for granting ac17 cess to pipeline operators for pipeline infrastructure

18 repair, replacement or bypass following an incident.

19 (b) EXISTING PRIVATEAND PUBLIC SECTOR EF20 FORTS.—The plan shall take into account actions taken or

21 planned by both private and public entities to address iden22 tified pipeline security issues and assess the effective inte23 gration of such actions.

24 (c) CONSULTATION.—In developing the plan under

25 subsection (a), the Secretary of Homeland Security shall
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1 consult with the Secretary of Transportation, interstate and

2 intrastate transmission and distribution pipeline operators,

3 pipeline labor, first responders, shippers of hazardous mate4 rials, State Departments of Transportation, public safety

5 officials, and other relevant parties.

6 (d) REPORT.—

7 (1) CONTENTS.—Not later than 1 year after the

8 date of enactment of this Act, the Secretary of Home9 land Security shall transmit to the Committee on

10 Commerce, Science, and Transportation of the Senate,

11 the Committee on Homeland Security of the House of

12 Representatives, and the Committee on Transpor13 tation and Infrastructure of the House of Representa14 tives a report containing the plan required by sub15 section (a), along with an estimate of the private and

16 public sector costs to implement any recommenda17 tions.

18 (2) FORMAT.—The Secretary may submit the re19 port in both classified and redacted formats if the

20 Secretary determines that such action is appropriate

21 or necessary.

22 (e) FUNDING.—There are authorized to be appro23 priated to the Secretary of Homeland Security to carry out

24 this section $1,000,000 for fiscal year 2007.
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1 SEC. 909. PIPELINE SECURITY INSPECTIONS AND ENFORCE2 MENT.

3 (a) IN GENERAL.—Within 1 year after the date of en4 actment of this Act the Secretary of Homeland Security,

5 in consultation with the Secretary of Transportation, shall

6 establish a program for reviewing pipeline operator adop7 tion of recommendations in the September, 5, 2002, Depart8 ment of Transportation Research and Special Programs

9 Administration Pipeline Security Information Circular,

10 including the review of pipeline security plans and critical

11 facility inspections.

12 (b) REVIEW AND INSPECTION.—Within 9 months after

13 the date of enactment of this Act the Secretary shall com14 plete a review of the pipeline security plan and an inspec15 tion of the critical facilities of the 100 most critical pipeline

16 operators covered by the September, 5, 2002, circular, where

17 such facilities have not been inspected for security purposes

18 since September 5, 2002, by either the Department of Home19 land Security or the Department of Transportation, as de20 termined by the Secretary in consultation with the Sec21 retary of Transportation.

22 (c) COMPLIANCE REVIEW METHODOLOGY.—In review23 ing pipeline operator compliance under subsections (a) and

24 (b), the Secretary shall utilize risk assessment methodologies

25 to prioritize vulnerabilities and to target inspection and en-
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1 forcement actions to the most vulnerable and critical pipe2 line assets.

3 (d) REGULATIONS.—Within 1 year after the date of

4 enactment of this Act, the Secretary shall transmit to pipe5 line operators and the Secretary of Transportation security

6 recommendations for natural gas and hazardous liquid

7 pipelines and pipeline facilities. If the Secretary of Home8 land Security determines that regulations are appropriate,

9 the Secretary shall promulgate such regulations and carry

10 out necessary inspection and enforcement actions. Any reg11 ulations should incorporate the guidance provided to pipe12 line operators by the September 5, 2002, Department of

13 Transportation Research and Special Programs Adminis14 tration’s Pipeline Security Information Circular and con15 tain additional requirements as necessary based upon the

16 results of the inspections performed under subsection (b).

17 The regulations shall include the imposition of civil pen18 alties for non-compliance.

19 (e) FUNDING.—There are authorized to be appro20 priated to the Secretary of Homeland Security to carry out

21 this section—

22 (1) $2,000,000 for fiscal year 2007; and

23 (2) $2,000,000 for fiscal year 2008.
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1 SEC. 910. TECHNICAL CORRECTIONS.

2 (a) HAZMAT LICENSES.—Section 5103a of title 49,

3 United States Code, is amended—

4 (1) by inserting ‘‘of Homeland Security’’ each

5 place it appears in subsections (a)(1), (d)(1)(b), and

6 (e); and

7 (2) by redesignating subsection (h) as subsection

8 (i) and inserting the following after subsection (g):

9 ‘‘(h) RELATIONSHIP TO TRANSPORTATION SECURITY

10 CARDS.—Upon application, a State shall issue to an indi11 vidual a license to operate a motor vehicle transporting in

12 commerce a hazardous material without the security assess13 ment required by this section, provided the individual meets

14 all other applicable requirements for such a license, if the

15 Secretary of Homeland Security has previously determined,

16 under section 70105 of title 46, United States Code, that

17 the individual does not pose a security risk.’’.

18 TITLE X—IP-ENABLED VOICE

19 COMMUNICATIONS AND PUB20 LIC SAFETY

21 SEC. 1001. SHORT TITLE.

22 This title may be cited as the ‘‘IP-Enabled Voice Com23 munications and Public Safety Act of 2006’’.

24 SEC. 1002. EMERGENCY SERVICE.

25 (a) ACCESS TO 911 COMPONENTS.—Within 90 days

26 after the date of enactment of this Act, the Commission shall
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1 issue regulations regarding access by IP-enabled voice serv2 ice providers to 911 components that permit any IP-enabled

3 voice service provider to elect to be treated as a commercial

4 mobile service provider for the purpose of access to any 911

5 component, except that the regulations issued under this

6 subsection may take into account any technical or network

7 security issues that are specific to IP-enabled voice services.

8 (b) STATE AUTHORITY OVER FEES.—Nothing in this

9 title, the Communications Act of 1934, or any Commission

10 regulation or order shall prevent the imposition on, or col11 lection from, a provider of IP-enabled voice services of any

12 fee or charge specifically designated by a State, political

13 subdivision thereof, or Indian tribe for the support of 911

14 or E–911 services if that fee or charge—

15 (1) does not exceed the amount of any such fee

16 or charge imposed on or collected from a provider of

17 telecommunications services; and

18 (2) is obligated or expended in support of 911

19 and E–911 services, or enhancements of such services,

20 or other emergency communications services as speci21 fied in the provision of State or local law adopting

22 the fee or charge.

23 (c) PARITY OF PROTECTION FOR PROVISION OR USE

24 OF IP-ENABLED VOICE SERVICE.—A provider or user of

25 IP-enabled voice services, a PSAP, and the officers, direc-
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1 tors, employees, vendors, agents, and authorizing govern2 ment entity (if any) of such provider, user, or PSAP, shall

3 have the same scope and extent of immunity and other pro4 tection from liability under Federal and State law with re5 spect to—

6 (1) the release of subscriber information related

7 to emergency calls or emergency services,

8 (2) the use or provision of 911 and E–911 serv9 ices, and

10 (3) other matters related to 911 and E–911 serv11 ices,

12 as section 4 of the Wireless Communications and Public

13 Safety Act of 1999 (47 U.S.C. 615a) provides to wireless

14 carriers, PSAPs, and users of wireless 9–1–1 service (as de15 fined in paragraphs (4), (3), and (6), respectively, of section

16 6 of that Act (47 U.S.C. 615b)) with respect to such release,

17 use, and other matters.

18 (d) LIMITATION ON COMMISSION.—Nothing in this sec19 tion shall be construed to permit the Commission to issue

20 regulations that require or impose a specific technology or

21 technological standard.

22 SEC. 1003. ENFORCEMENT.

23 The Commission shall enforce this title, and any regu24 lation promulgated under this title, under the Communica25 tions Act of 1934 (47 U.S.C. 151 et seq.) as if this title
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1 were a part of that Act. For purposes of this section any

2 violation of this title, or any regulation promulgated under

3 this title, is deemed to be a violation of the Communications

4 Act of 1934.

5 SEC. 1004. MIGRATION TO IP-ENABLED EMERGENCY NET6 WORK.

7 (a) IN GENERAL.—Section 158 of the National Tele8 communications and Information Administration Organi9 zation Act (47 U.S.C. 942) is amended—

10 (1) by redesignating subsections (d) and (e) as

11 subsections (e) and (f), respectively;

12 (2) by inserting after subsection (c) the fol13 lowing:

14 ‘‘(d) MIGRATION PLAN REQUIRED.—

15 ‘‘(1) NATIONAL PLAN REQUIRED.—No more than

16 18 months after the date of the enactment of the IP17 Enabled Voice Communications and Public Safety

18 Act of 2005, the Office shall develop and report to

19 Congress on a national plan for migrating to a na20 tional IP-enabled emergency network capable of re21 ceiving and responding to all citizen activated emer22 gency communications.

23 ‘‘(2) CONTENTS OF PLAN.—The plan required by

24 paragraph (1) shall—
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1 ‘‘(A) outline the potential benefits of such a

2 migration;

3 ‘‘(B) identify barriers that must be over4 come and funding mechanisms to address those

5 barriers;

6 ‘‘(C) include a proposed timetable, an out7 line of costs and potential savings;

8 ‘‘(D) provide specific legislative language, if

9 necessary, for achieving the plan;

10 ‘‘(E) provide recommendations on any legis11 lative changes, including updating definitions, to

12 facilitate a national IP-enabled emergency net13 work; and

14 ‘‘(F) assess, collect, and analyze the experi15 ences of the PSAPs and related public safety au16 thorities who are conducting trial deployments of

17 IP-enabled emergency networks as of the date of

18 enactment of the IP-Enabled Voice Communica19 tions and Public Safety Act of 2005.

20 ‘‘(3) CONSULTATION.—In developing the plan re21 quired by paragraph (1), the Office shall consult with

22 representatives of the public safety community, tech23 nology and telecommunications providers, and others

24 it deems appropriate.’’; and
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1 (3) by striking ‘‘services.’’ in subsection (b)(1)

2 and inserting ‘‘services, and, upon completion of de3 velopment of the national plan for migrating to a na4 tional IP-enabled emergency network under subsection

5 (d), for migration to an IP-enabled emergency net6 work.’’.

7 (b) REPORT ON PSAPS.—

8 (1) IN GENERAL.—Not later than 180 days after

9 the date of enactment of this Act, the Commission

10 shall—

11 (A) compile a list of all known public safety

12 answering points, including such contact infor13 mation regarding public safety answering points

14 as the Commission determines appropriate;

15 (B) organize such list by county, town,

16 township, parish, village, hamlet, or other gen17 eral purpose political subdivision of a State; and

18 (C) make available from such list—

19 (i) to the public, on the Internet

20 website of the Commission—

21 (I) the 10 digit telephone number

22 of those public safety answering points

23 appearing on such list; and

24 (II) a statement explicitly warn25 ing the public that such telephone
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1 numbers are not intended for emer2 gency purposes and as such may not be

3 answered at all times; and

4 (ii) to public safety answering points

5 all contact information compiled by the

6 Commission.

7 (2) CONTINUING DUTY.—The Commission shall

8 continue—

9 (A) to update the list made available to the

10 public described in paragraph (1)(C); and

11 (B) to improve for the benefit of the public

12 the accessibility, use, and organization of such

13 list.

14 (3) PSAPS REQUIRED TO COMPLY.—Each public

15 safety answering point shall provide all requested

16 contact information to the Commission as requested.

17 (c) REPORT ON SELECTIVE ROUTERS.—

18 (1) IN GENERAL.—Not later than 180 days after

19 the date of enactment of this Act, the Commission

20 shall—

21 (A) compile a list of selective routers, in22 cluding the contact information of the owners of

23 such routers;
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1 (B) organize such list by county, town,

2 township, parish, village, hamlet, or other gen3 eral purpose political subdivision of a State; and

4 (C) make such list available to providers of

5 telecommunications service and to providers of

6 IP-enabled voice service who are seeking to pro7 vide E–911 service to their subscribers.

8 SEC. 1005. DEFINITIONS.

9 (a) IN GENERAL.—For purposes of this title:

10 (1) 911.—The term ‘‘911’’ means a service that

11 allows a user, by dialing the three-digit code 911, to

12 call a public safety answering point operated by a

13 State, local government, Indian tribe, or authorized

14 entity.

15 (2) 911 COMPONENT.—The term ‘‘911 compo16 nent’’ means any equipment, network, databases (in17 cluding automatic location information databases

18 and master street address guides), interface, selective

19 router, trunkline, or other related facility necessary

20 for the delivery and completion of 911 or E–911 calls

21 and information related to such calls to which the

22 Commission requires access pursuant to its rules and

23 regulations.

24 (3) E–911 SERVICE.—The term ‘‘E–911 service’’

25 means a 911 service that automatically delivers the
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1 911 call to the appropriate public safety answering

2 point, and provides automatic identification data, in3 cluding the originating number of an emergency call,

4 the physical location of the caller, and the capability

5 for the public safety answering point to call the user

6 back if the call is disconnected.

7 (4) IP-ENABLED VOICE SERVICE.—The term ‘‘IP8 enabled voice service’’ means the provision of real9 time 2-way voice communications offered to the pub10 lic, or such classes of users as to be effectively avail11 able to the public, transmitted through customer

12 premises equipment using TCP/IP protocol, or a suc13 cessor protocol, for a fee (whether part of a bundle of

14 services or separately, or without a fee) with 2-way

15 interconnection capability such that the service can

16 originate traffic to, and terminate traffic from, the

17 public switched telephone network.

18 (5) PSAP.—The term ‘‘public safety answering

19 point’’ or ‘‘PSAP’’ means a facility that has been des20 ignated to receive 911 or E–911 calls.

21 (b) COMMON TERMINOLOGY.—Except as otherwise pro22 vided in subsection (a), terms used in this title have the

23 meanings provided under section 3 of the Communications

24 Act of 1934.
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1 TITLE XI—OTHER MATTERS

2 SEC. 1101. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO

3 APPLY.

4 (a) IN GENERAL.—Notwithstanding any provision of

5 law to the contrary, any statutory limitation on the number

6 of employees in the Transportation Security Administra7 tion, before or after its transfer to the Department of Home8 land Security from the Department of Transportation, does

9 not apply after the date of enactment of this Act.

10 (b) AVIATION SECURITY.—Notwithstanding any provi11 sion of law imposing a limitation on the recruiting or hir12 ing of personnel into the Transportation Security Adminis13 tration to a maximum number of permanent positions, the

14 Secretary of Homeland Security shall recruit and hire such

15 personnel into the Administration as may be necessary—

16 (1) to provide appropriate levels of aviation se17 curity; and

18 (2) to accomplish that goal in such a manner

19 that the average aviation security-related delay expe20 rienced by airline passengers is reduced to a level of

21 less than 10 minutes.

22 SEC. 1102. RURAL POLICING INSTITUTE.

23 (a) IN GENERAL.—There is established a Rural Polic24 ing Institute, which shall be administered by the Office of
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1 State and Local Training of the Federal Law Enforcement

2 Training Center (based in Glynco, Georgia), to—

3 (1) evaluate the needs of law enforcement agen4 cies of units of local government and tribal govern5 ments located in rural areas;

6 (2) develop expert training programs designed to

7 address the needs of rural law enforcement agencies

8 regarding combating methamphetamine addiction

9 and distribution, domestic violence, law enforcement

10 response related to school shootings, and other topics

11 identified in the evaluation conducted under para12 graph (1);

13 (3) provide the training programs described in

14 paragraph (2) to law enforcement agencies of units of

15 local government and tribal governments located in

16 rural areas; and

17 (4) conduct outreach efforts to ensure that train18 ing programs under the Rural Policing Institute

19 reach law enforcement officers of units of local govern20 ment and tribal governments located in rural areas.

21 (b) CURRICULA.—The training at the Rural Policing

22 Institute established under subsection (a) shall be configured

23 in a manner so as to not duplicate or displace any law

24 enforcement program of the Federal Law Enforcement
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1 Training Center in existence on the date of enactment of

2 this Act.

3 (c) DEFINITION.—In this section, the term ‘‘rural’’

4 means area that is not located in a metropolitan statistical

5 area, as defined by the Office of Management and Budget.

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There are

7 authorized to be appropriated to carry out this section (in8 cluding for contracts, staff, and equipment)—

9 (1) $10,000,000 for fiscal year 2007; and

10 (2) $5,000,000 for each of fiscal years 2008

11 through 2012.

12 SEC. 1103. EVACUATION IN EMERGENCIES.

13 (a) PURPOSE.—The purpose of this section is to ensure

14 the preparation of communities for future natural, acci15 dental, or deliberate disasters by ensuring that the States

16 prepare for the evacuation of individuals with special needs.

17 (b) EVACUATION PLANS FOR INDIVIDUALS WITH SPE18 CIAL NEEDS.—The Secretary, acting through the Federal

19 Emergency Management Agency, shall take appropriate ac20 tions to ensure that each State, as that term is defined in

21 section 2(14) of the Homeland Security Act of 2002 (6

22 U.S.C. 101(14)), requires appropriate State and local gov23 ernment officials to develop detailed and comprehensive pre24 disaster and post-disaster plans for the evacuation of indi25 viduals with special needs, including the elderly, disabled
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1 individuals, low-income individuals and families, the home2 less, and individuals who do not speak English, in emer3 gencies that would warrant their evacuation, including

4 plans for the provision of food, water, and shelter for evac5 uees.

6 (c) REPORT TO CONGRESS.—

7 (1) IN GENERAL.—Not later than 1 year after

8 the date of enactment of this Act, the Secretary shall

9 submit to Congress a report setting forth, for each

10 State, the status and key elements of the plans to

11 evacuate individuals with special needs in emer12 gencies that would warrant their evacuation.

13 (2) CONTENTS.—The report submitted under

14 paragraph (1) shall include a discussion of—

15 (A) whether the States have the resources

16 necessary to implement fully their evacuation

17 plans; and

18 (B) the manner in which the plans of the

19 States are integrated with the response plans of

20 the Federal Government for emergencies that

21 would require the evacuation of individuals with

22 special needs.
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1 SEC. 1104. PROTECTION OF HEALTH AND SAFETY DURING

2 DISASTERS.

3 (a) PROTECTION OF HEALTH AND SAFETY OF INDIVID4 UALS IN A DISASTER AREA.—Title IV of the Robert T. Staf5 ford Disaster Relief and Emergency Assistance Act (42

6 U.S.C. 5170 et seq.) is amended by inserting after section

7 408 the following:

8 ‘‘SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDI9 VIDUALS IN A DISASTER AREA.

10 ‘‘(a) DEFINITIONS.—In this section:

11 ‘‘(1) CERTIFIED MONITORING PROGRAM.—The

12 term ‘certified monitoring program’ means a medical

13 monitoring program—

14 ‘‘(A) in which a participating responder is

15 a participant as a condition of the employment

16 of such participating responder; and

17 ‘‘(B) that the Secretary of Health and

18 Human Services certifies includes an adequate

19 baseline medical screening.

20 ‘‘(2) HIGH EXPOSURE LEVEL.—The term ‘high

21 exposure level’ means a level of exposure to a sub22 stance of concern that is for such a duration, or of

23 such a magnitude, that adverse effects on human

24 health can be reasonably expected to occur, as deter25 mined by the President in accordance with human
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1 monitoring or environmental or other appropriate in2 dicators.

3 ‘‘(3) INDIVIDUAL.—The term ‘individual’

4 includes—

5 ‘‘(A) a worker or volunteer who responds to

6 a disaster, either natural or manmade, involving

7 any mode of transportation in the United States

8 or disrupting the transportation system of the

9 United States, including—

10 ‘‘(i) a police officer;

11 ‘‘(ii) a firefighter;

12 ‘‘(iii) an emergency medical techni13 cian;

14 ‘‘(iv) any participating member of an

15 urban search and rescue team; and

16 ‘‘(v) any other relief or rescue worker

17 or volunteer that the President determines

18 to be appropriate;

19 ‘‘(B) a worker who responds to a disaster,

20 either natural or manmade, involving any mode

21 of transportation in the United States or dis22 rupting the transportation system of the United

23 States, by assisting in the cleanup or restoration

24 of critical infrastructure in and around a dis25 aster area;
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1 ‘‘(C) a person whose place of residence is in

2 a disaster area, caused by either a natural or

3 manmade disaster involving any mode of trans4 portation in the United States or disrupting the

5 transportation system of the United States;

6 ‘‘(D) a person who is employed in or at7 tends school, child care, or adult day care in a

8 building located in a disaster area, caused by ei9 ther a natural or manmade disaster involving

10 any mode of transportation in the United States

11 or disrupting the transportation system of the

12 United States, of the United States; and

13 ‘‘(E) any other person that the President

14 determines to be appropriate.

15 ‘‘(4) PARTICIPATING RESPONDER.—The term

16 ‘participating responder’ means an individual de17 scribed in paragraph (3)(A).

18 ‘‘(5) PROGRAM.—The term ‘program’ means a

19 program described in subsection (b) that is carried

20 out for a disaster area.

21 ‘‘(6) SUBSTANCEOF CONCERN.—The term ‘sub22 stance of concern’ means a chemical or other sub23 stance that is associated with potential acute or

24 chronic human health effects, the risk of exposure to

25 which could potentially be increased as the result of
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1 a disaster, as determined by the President, in coordi2 nation with ATSDR and EPA, CDC, NIH, FEMA,

3 OSHA, and other agencies.

4 ‘‘(b) PROGRAM.—

5 ‘‘(1) IN GENERAL.—If the President determines

6 that 1 or more substances of concern are being, or

7 have been, released in an area declared to be a dis8 aster area under this Act and disrupts the transpor9 tation system of the United States, the President may

10 carry out a program for the coordination and protec11 tion, assessment, monitoring, and study of the health

12 and safety of individuals with high exposure levels to

13 ensure that—

14 ‘‘(A) the individuals are adequately in15 formed about and protected against potential

16 health impacts of any substance of concern and

17 potential mental health impacts in a timely

18 manner;

19 ‘‘(B) the individuals are monitored and

20 studied over time, including through baseline

21 and followup clinical health examinations, for—

22 ‘‘(i) any short- and long-term health

23 impacts of any substance of concern; and

24 ‘‘(ii) any mental health impacts;
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1 ‘‘(C) the individuals receive health care re2 ferrals as needed and appropriate; and

3 ‘‘(D) information from any such monitoring

4 and studies is used to prevent or protect against

5 similar health impacts from future disasters.

6 ‘‘(2) ACTIVITIES.—A program under paragraph

7 (1) may include such activities as—

8 ‘‘(A) collecting and analyzing environ9 mental exposure data;

10 ‘‘(B) developing and disseminating infor11 mation and educational materials;

12 ‘‘(C) performing baseline and followup clin13 ical health and mental health examinations and

14 taking biological samples;

15 ‘‘(D) establishing and maintaining an expo16 sure registry;

17 ‘‘(E) studying the short- and long-term

18 human health impacts of any exposures through

19 epidemiological and other health studies; and

20 ‘‘(F) providing assistance to individuals in

21 determining eligibility for health coverage and

22 identifying appropriate health services.

23 ‘‘(3) TIMING.—To the maximum extent prac24 ticable, activities under any program carried out

25 under paragraph (1) (including baseline health ex-
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1 aminations) shall be commenced in a timely manner

2 that will ensure the highest level of public health pro3 tection and effective monitoring.

4 ‘‘(4) PARTICIPATION IN REGISTRIES AND STUD5 IES.—

6 ‘‘(A) IN GENERAL.—Participation in any

7 registry or study that is part of a program car8 ried out under paragraph (1) shall be voluntary.

9 ‘‘(B) PROTECTION OF PRIVACY.—The Presi10 dent shall take appropriate measures to protect

11 the privacy of any participant in a registry or

12 study described in subparagraph (A).

13 ‘‘(C) PRIORITY.—

14 ‘‘(i) IN GENERAL.—Except as provided

15 in clause (ii), the President shall give pri16 ority in any registry or study described in

17 subparagraph (A) to the protection, moni18 toring and study of the health and safety of

19 individuals with the highest level of expo20 sure to a substance of concern.

21 ‘‘(ii) MODIFICATIONS.—Notwith22 standing clause (i), the President may mod23 ify the priority of a registry or study de24 scribed in subparagraph (A), if the Presi-
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1 dent determines such modification to be ap2 propriate.

3 ‘‘(5) COOPERATIVE AGREEMENTS.—

4 ‘‘(A) IN GENERAL.—The President may

5 carry out a program under paragraph (1)

6 through a cooperative agreement with a medical

7 institution, including a local health department,

8 or a consortium of medical institutions.

9 ‘‘(B) SELECTION CRITERIA.—To the max10 imum extent practicable, the President shall se11 lect, to carry out a program under paragraph

12 (1), a medical institution or a consortium of

13 medical institutions that—

14 ‘‘(i) is located near—

15 ‘‘(I) the disaster area with respect

16 to which the program is carried out;

17 and

18 ‘‘(II) any other area in which

19 there reside groups of individuals that

20 worked or volunteered in response to

21 the disaster; and

22 ‘‘(ii) has appropriate experience in the

23 areas of environmental or occupational

24 health, toxicology, and safety, including ex25 perience in—
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1 ‘‘(I) developing clinical protocols

2 and conducting clinical health exami3 nations, including mental health as4 sessments;

5 ‘‘(II) conducting long-term health

6 monitoring and epidemiological stud7 ies;

8 ‘‘(III) conducting long-term men9 tal health studies; and

10 ‘‘(IV) establishing and maintain11 ing medical surveillance programs and

12 environmental exposure or disease reg13 istries.

14 ‘‘(6) INVOLVEMENT.—

15 ‘‘(A) IN GENERAL.—In carrying out a pro16 gram under paragraph (1), the President shall

17 involve interested and affected parties, as appro18 priate, including representatives of—

19 ‘‘(i) Federal, State, and local govern20 ment agencies;

21 ‘‘(ii) groups of individuals that worked

22 or volunteered in response to the disaster in

23 the disaster area;

24 ‘‘(iii) local residents, businesses, and

25 schools (including parents and teachers);
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1 ‘‘(iv) health care providers;

2 ‘‘(v) faith based organizations; and

3 ‘‘(vi) other organizations and persons.

4 ‘‘(B) COMMITTEES.—Involvement under

5 subparagraph (A) may be provided through the

6 establishment of an advisory or oversight com7 mittee or board.

8 ‘‘(7) PRIVACY.—The President shall carry out

9 each program under paragraph (1) in accordance

10 with regulations relating to privacy promulgated

11 under section 264(c) of the Health Insurance Port12 ability and Accountability Act of 1996 (42 U.S.C.

13 1320d–2 note; Public Law 104–191).

14 ‘‘(8) EXISTING PROGRAMS.—In carrying out a

15 program under paragraph (1), the President may—

16 ‘‘(A) include the baseline clinical health ex17 amination of a participating responder under a

18 certified monitoring programs; and

19 ‘‘(B) substitute the baseline clinical health

20 examination of a participating responder under

21 a certified monitoring program for a baseline

22 clinical health examination under paragraph

23 (1).

24 ‘‘(c) REPORTS.—Not later than 1 year after the estab25 lishment of a program under subsection (b)(1), and every
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1 5 years thereafter, the President, or the medical institution

2 or consortium of such institutions having entered into a co3 operative agreement under subsection (b)(5), may submit

4 a report to the Secretary of Homeland Security, the Sec5 retary of Health and Human Services, the Secretary of

6 Labor, the Administrator of the Environmental Protection

7 Agency, and appropriate committees of Congress describing

8 the programs and studies carried out under the program.’’.

9 (b) NATIONAL ACADEMY OF SCIENCES REPORT ON

10 DISASTER AREA HEALTH AND ENVIRONMENTAL PROTEC11 TION AND MONITORING.—

12 (1) IN GENERAL.—The Secretary, the Secretary

13 of Health and Human Services, and the Adminis14 trator of the Environmental Protection Agency shall

15 jointly enter into a contract with the National Acad16 emy of Sciences to conduct a study and prepare a re17 port on disaster area health and environmental pro18 tection and monitoring.

19 (2) PARTICIPATION OF EXPERTS.—The report

20 under paragraph (1) shall be prepared with the par21 ticipation of individuals who have expertise in—

22 (A) environmental health, safety, and medi23 cine;

24 (B) occupational health, safety, and medi25 cine;
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1 (C) clinical medicine, including pediatrics;

2 (D) environmental toxicology;

3 (E) epidemiology;

4 (F) mental health;

5 (G) medical monitoring and surveillance;

6 (H) environmental monitoring and surveil7 lance;

8 (I) environmental and industrial hygiene;

9 (J) emergency planning and preparedness;

10 (K) public outreach and education;

11 (L) State and local health departments;

12 (M) State and local environmental protec13 tion departments;

14 (N) functions of workers that respond to

15 disasters, including first responders;

16 (O) public health; and

17 (P) family services, such as counseling and

18 other disaster-related services provided to fami19 lies.

20 (3) CONTENTS.—The report under paragraph (1)

21 shall provide advice and recommendations regarding

22 protecting and monitoring the health and safety of in23 dividuals potentially exposed to any chemical or other

24 substance associated with potential acute or chronic
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1 human health effects as the result of a disaster, in2 cluding advice and recommendations regarding—

3 (A) the establishment of protocols for moni4 toring and responding to chemical or substance

5 releases in a disaster area to protect public

6 health and safety, including—

7 (i) chemicals or other substances for

8 which samples should be collected in the

9 event of a disaster, including a terrorist at10 tack;

11 (ii) chemical- or substance-specific

12 methods of sample collection, including

13 sampling methodologies and locations;

14 (iii) chemical- or substance-specific

15 methods of sample analysis;

16 (iv) health-based threshold levels to be

17 used and response actions to be taken in the

18 event that thresholds are exceeded for indi19 vidual chemicals or other substances;

20 (v) procedures for providing moni21 toring results to—

22 (I) appropriate Federal, State,

23 and local government agencies;

24 (II) appropriate response per25 sonnel; and
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1 (III) the public;

2 (vi) responsibilities of Federal, State,

3 and local agencies for—

4 (I) collecting and analyzing sam5 ples;

6 (II) reporting results; and

7 (III) taking appropriate response

8 actions; and

9 (vii) capabilities and capacity within

10 the Federal Government to conduct appro11 priate environmental monitoring and re12 sponse in the event of a disaster, including

13 a terrorist attack; and

14 (B) other issues specified by the Secretary,

15 the Secretary of Health and Human Services,

16 and the Administrator of the Environmental

17 Protection Agency.

18 (4) AUTHORIZATION OF APPROPRIATIONS.—

19 There are authorized to be appropriated such sums as

20 are necessary to carry out this subsection.

21 SEC. 1105. PILOT PROGRAM TO EXTEND CERTAIN COMMER22 CIAL OPERATIONS.

23 (a) IN GENERAL.—During fiscal year 2007, the Com24 missioner shall extend the hours of commercial operations
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1 at the port of entry located at Santa Teresa, New Mexico,

2 to a minimum of 16 hours a day.

3 (b) REPORT.—The Commissioner shall submit a report

4 to the appropriate congressional committees not later than

5 September 30, 2007, with respect to the extension of hours

6 of commercial operations described in subsection (a). The

7 report shall include:

8 (1) an analysis of the impact of the extended

9 hours of operation on the port facility, staff, and

10 trade volume handled at the port; and

11 (2) recommendations regarding whether to ex12 tend such hours of operation beyond fiscal year 2007.

13 SEC. 1106. SECURITY PLAN FOR ESSENTIAL AIR SERVICE

14 AIRPORTS.

15 (a) IN GENERAL.—Not later than 60 days after the

16 date of the enactment of this Act, the Assistant Secretary

17 for the Transportation Security Administration shall sub18 mit to Congress a security plan for Essential Air Service

19 airports in the United States.

20 (b) ELEMENTS OF PLAN.—The security plan required

21 by subsection (a) shall include the following:

22 (1) Recommendations for improved security

23 measures at such airports.

24 (2) Recommendations for proper passenger and

25 cargo security screening procedures at such airports.
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1 (3) A timeline for implementation of rec2 ommended security measures or procedures at such

3 airports.

4 (4) Cost analysis for implementation of rec5 ommended security measures or procedures at such

6 airports.

7 SEC. 1107. DISCLOSURES REGARDING HOMELAND SECU8 RITY GRANTS.

9 (a) DEFINITIONS.—In this section:

10 (1) HOMELAND SECURITY GRANT.—The term

11 ‘‘homeland security grant’’ means any grant made or

12 administered by the Department, including—

13 (A) the State Homeland Security Grant

14 Program;

15 (B) the Urban Area Security Initiative

16 Grant Program;

17 (C) the Law Enforcement Terrorism Pre18 vention Program;

19 (D) the Citizen Corps; and

20 (E) the Metropolitan Medical Response Sys21 tem.

22 (2) LOCAL GOVERNMENT.—The term ‘‘local gov23 ernment’’ has the meaning given the term in section

24 2 of the Homeland Security Act of 2002 (6 U.S.C.

25 101).
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1 (b) REQUIRED DISCLOSURES.—Each State or local

2 government that receives a homeland security grant shall,

3 not later than 12 months after the later of the date of enact4 ment of this Act and the date of receipt of such grant, and

5 every 12 months thereafter until all funds provided under

6 such grant are expended, report to the Secretary a list of

7 all expenditures made by such State or local government

8 using funds from such grant.

9 SEC. 1108. INCLUSION OF THE TRANSPORTATION TECH10 NOLOGY CENTER IN THE NATIONAL DOMES11 TIC PREPAREDNESS CONSORTIUM.

12 The National Domestic Preparedness Consortium shall

13 include the Transportation Technology Center in Pueblo,

14 Colorado.

15 SEC. 1109. TRUCKING SECURITY.

16 (a) LEGAL STATUS VERIFICATION FOR LICENSED

17 UNITED STATES COMMERCIAL DRIVERS.—Not later than

18 12 months after the date of the enactment of this Act, the

19 Secretary of Transportation, in cooperation with the Sec20 retary of Homeland Security, shall issue regulations to im21 plement the recommendations contained in the memo22 randum of the Inspector General of the Department of

23 Transportation issued on June 4, 2004 (Control No. 2004–

24 054).
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1 (b) COMMERCIAL DRIVER’S LICENSE ANTI-FRAUD

2 PROGRAMS.—Not later than 12 months after the date of the

3 enactment of this Act, the Secretary of the Transportation,

4 in conjunction with the Secretary of the Department of

5 Homeland Security, shall issue a regulation to implement

6 the recommendations contained in the Report on Federal

7 Motor Carrier Safety Administration Oversight of the Com8 mercial Driver’s License Program (MH–2006–037).

9 (c) VERIFICATION OF COMMERCIAL MOTOR VEHICLE

10 TRAFFIC.—

11 (1) GUIDELINES.—Not later than 12 months

12 after the date of the enactment of this Act, the Sec13 retary of Homeland Security shall draft guidelines for

14 Federal, State, and local law enforcement officials, in15 cluding motor carrier safety enforcement personnel, to

16 improve compliance with Federal immigration and

17 customs laws applicable to all commercial motor vehi18 cles and commercial motor vehicle operators engaged

19 in cross-border traffic.

20 (2) VERIFICATION.—Not later than 12 months

21 after the date of the enactment of this Act, the Admin22 istrator of the Federal Motor Carrier Safety Adminis23 tration shall modify the final rule regarding the en24 forcement of operating authority (Docket No.

25 FMCSA–2002–13015) to establish a system or process
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1 by which a carrier’s operating authority can be

2 verified during a roadside inspection.

3 SEC. 1110. EXTENSION OF REQUIREMENT FOR AIR CAR4 RIERS TO HONOR TICKETS FOR SUSPENDED

5 AIR PASSENGER SERVICE.

6 Section 145(c) of the Aviation and Transportation Se7 curity Act (49 U.S.C. 40101 note) is amended by striking

8 ‘‘November 19, 2005.’’ and inserting ‘‘November 30, 2007.’’.

9 SEC. 1111. MAN-PORTABLE AIR DEFENSE SYSTEMS.

10 (a) IN GENERAL.—It is the sense of Congress that the

11 budget of the United States Government submitted by the

12 President for fiscal year 2008 under section 1105(a) of title

13 31, United States Code, should include an acquisition fund

14 for the procurement and installation of countermeasure

15 technology, proven through the successful completion of

16 operational test and evaluation, to protect commercial air17 craft from the threat of Man-Portable Air Defense Systems

18 (MANPADS).

19 (b) DEFINITION OF MANPADS.—In this section, the

20 term ‘‘MANPADS’’ means—

21 (1) a surface-to-air missile system designed to be

22 man-portable and carried and fired by a single indi23 vidual; and

24 (2) any other surface-to-air missile system de25 signed to be operated and fired by more than one in-
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1 dividual acting as a crew and portable by several in2 dividuals.

3 SEC. 1112. AIR AND MARINE OPERATIONS OF THE NORTH4 ERN BORDER AIR WING.

5 In addition to any other amounts authorized to be ap6 propriated for Air and Marine Operations of United States

7 Customs and Border Protection, there are authorized to be

8 appropriated for fiscal year 2007 and 2008 for operating

9 expenses of the Northern Border Air Wing, $40,000,000 for

10 the branch in Great Falls, Montana.

11 SEC. 1113. STUDY TO IDENTIFY REDUNDANT BACKGROUND

12 RECORDS CHECKS.

13 (a) STUDY.—The Comptroller General of the United

14 States shall conduct a study of background records checks

15 carried out by Federal departments and agencies that are

16 similar to the background records check required under sec17 tion 5103a of title 49, United States Code, to identify

18 redundancies and inefficiencies in connection with such

19 checks.

20 (b) CONTENTS.—In conducting the study, the Comp21 troller General of the United States shall review, at a min22 imum, the background records checks carried out by—

23 (1) the Secretary of Defense;

24 (2) the Secretary of Homeland Security; and

25 (3) the Secretary of Energy.
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1 (c) REPORT.—Not later than 6 months after the date

2 of the enactment of this Act, the Comptroller General of the

3 United States shall submit a report to Congress on the re4 sults of the study, including—

5 (1) an identification of redundancies and ineffi6 ciencies referred to in subsection (a); and

7 (2) recommendations for eliminating such

8 redundancies and inefficiencies.

9 SEC. 1114. PHASE-OUT OF VESSELS SUPPORTING OIL AND

10 GAS DEVELOPMENT.

11 Notwithstanding section 27 of the Merchant Marine

12 Act, 1920 (46 U.S.C. App. 883) and sections 12105(c) and

13 12106 of title 46, United States Code, a foreign-flag vessel

14 may be employed for the movement or transportation of an15 chors for operations in support of exploration of offshore

16 mineral or energy resources in the Beaufort Sea or the

17 Chukchi Sea by or on behalf of a lessee—

18 (1) until January 1, 2010, if the Secretary of the

19 department in which the Coast Guard is operating

20 determines that insufficient eligible vessels docu21 mented under chapter 121 of title 46, United States

22 Code, are reasonably available and suitable for these

23 support operations; and
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1 (2) during the period beginning January 1,

2 2010, and ending December 31, 2012, if the Secretary

3 determines that—

4 (A) the lessee has entered into a binding

5 agreement to use eligible vessels documented

6 under chapter 121 of title 46, United States

7 Code, in sufficient numbers and with sufficient

8 suitability to replace foreign flag vessels oper9 ating under this section; and

10 (B) the Secretary determines that no eligible

11 vessel documented under chapter 121 of title 46,

12 United States Code, is reasonably available and

13 suitable for these support operations to replace

14 any foreign flag vessel operating under this sec15 tion.

16 SEC. 1115. COAST GUARD PROPERTY IN PORTLAND, MAINE.

17 Section 347(c) of the Maritime Transportation Secu18 rity Act of 2002 (Public Law 107–295; 116 Stat. 2109) is

19 amended by striking ‘‘within 30 months from the date of

20 conveyance.’’ and inserting ‘‘by December 31, 2009.’’.

21 SEC. 1116. METHAMPHETAMINE AND METHAMPHETAMINE

22 PRECURSOR CHEMICALS.

23 (a) COMPLIANCE WITH PERFORMANCE PLAN RE24 QUIREMENTS.—For each of the fiscal years of 2007, 2009,

25 and 2011, as part of the annual performance plan required
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1 in the budget submission of the United States Customs and

2 Border Protection under section 1115 of title 31, United

3 States Code, the Commissioner shall establish performance

4 indicators relating to the seizure of methamphetamine and

5 methamphetamine precursor chemicals in order to evaluate

6 the performance goals of the United States Customs and

7 Border Protection with respect to the interdiction of illegal

8 drugs entering the United States.

9 (b) STUDY AND REPORT RELATING TO METHAMPHET10 AMINEAND METHAMPHETAMINE PRECURSOR CHEMI11 CALS.—

12 (1) ANALYSIS.—The Commissioner shall, on an

13 ongoing basis, analyze the movement of methamphet14 amine and methamphetamine precursor chemicals

15 into the United States. In conducting the analysis,

16 the Commissioner shall—

17 (A) consider the entry of methamphetamine

18 and methamphetamine precursor chemicals

19 through ports of entry, between ports of entry,

20 through the mails, and through international

21 courier services;

22 (B) examine the export procedures of each

23 foreign country where the shipments of meth24 amphetamine and methamphetamine precursor

25 chemicals originate and determine if changes in
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1 the country’s customs over time provisions would

2 alleviate the export of methamphetamine and

3 methamphetamine precursor chemicals; and

4 (C) identify emerging trends in smuggling

5 techniques and strategies.

6 (2) REPORT.—Not later than September 30,

7 2007, and each 2-year period thereafter, the Commis8 sioner, in the consultation with the United States Im9 migration and Customs Enforcement, the United

10 States Drug Enforcement Administration, and the

11 United States Department of State, shall submit a re12 port to the Committee on Finance and the Committee

13 on Foreign Relations of the Senate, and the Com14 mittee on Ways and Means and the Committee on

15 International Relations of the House of Representa16 tives, that includes—

17 (A) a comprehensive summary of the anal18 ysis described in paragraph (1); and

19 (B) a description of how the Untied States

20 Customs and Border Protection utilized the anal21 ysis described in paragraph (1) to target ship22 ments presenting a high risk for smuggling or

23 circumvention of the Combat Methamphetamine

24 Epidemic Act of 2005 (Public Law 109–177).
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1 (3) AVAILABILITY OF ANALYSIS.—The Commis2 sioner shall ensure that the analysis described in

3 paragraph (1) is made available in a timely manner

4 to the Secretary of State to facilitate the Secretary in

5 fulfilling the Secretary’s reporting requirements in

6 section 722 of the Combat Methamphetamine Epi7 demic Act of 2005.

8 (c) DEFINITION.—In this section, the term ‘‘meth9 amphetamine precursor chemicals’’ means the chemicals

10 ephedrine, pseudoephedrine, or phenylpropanolamine, in11 cluding each of the salts, optical isomers, and salts of opti12 cal isomers of such chemicals.

13 SEC. 1117. AIRCRAFT CHARTER CUSTOMER AND LESSEE

14 PRESCREENING PROGRAM.

15 (a) IMPLEMENTATION STATUS.—Within 180 days

16 after the date of enactment of this Act, the Comptroller Gen17 eral shall assess the Department of Homeland Security’s

18 aircraft charter customer and lessee prescreening process

19 mandated by section 44903(j)(2) of title 49, United States

20 Code, and report on the status of the program, its imple21 mentation, and its use by the general aviation charter and

22 rental community and report the findings, conclusions, and

23 recommendations, if any, of such assessment to the Senate

24 Committee on Commerce, Science, and Transportation and
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1 the House of Representatives Committee on Homeland Se2 curity.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 4954

AMENDMENT