In the Senate of the United States,
September 14, 2006.
Resolved, That the bill from the House of Representa-
tives (H.R. 4954) entitled ‘‘An Act to improve maritime and
cargo security through enhanced layered defenses, and for
other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Port
Security Improvement Act of 2006’’.
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(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—SECURITY OF UNITED STATES SEAPORTS
Subtitle A—General Provisions
Sec. 101. Area Maritime Transportation Security Plan to include salvage re-
sponse 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 fel-
ons.
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 Advi-
sory 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 Do-
mestic Preparedness Consortium.
Sec. 1109. Trucking security.
Sec. 1110. Extension of requirement for air carriers to honor tickets for suspended
air passenger service.
Sec. 1111. Man-Portable Air Defense Systems.
Sec. 1112. Air and Marine Operations of the Northern Border Air Wing.
Sec. 1113. Study to identify redundant background records checks.
Sec. 1114. Phase-out of vessels supporting oil and gas development.
Sec. 1115. Coast Guard property in Portland, Maine.
Sec. 1116. Methamphetamine and methamphetamine precursor chemicals.
Sec. 1117. Aircraft charter customer and lessee prescreening program.
SEC. 2. DEFINITIONS.
In this Act:
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—Except as otherwise defined, the term ‘‘appro-
priate congressional committees’’ means—
(A) the Committee on Appropriations of the
Senate;
(B) the Committee on Commerce, Science,
and Transportation of the Senate;
(C) the Committee on Finance of the Sen-
ate;
(D) the Committee on Homeland Security
and Governmental Affairs of the Senate;
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(E) the Committee on Appropriations of the
House of Representatives;
(F) the Committee on Homeland Security of
the House of Representatives;
(G) the Committee on Transportation and
Infrastructure of the House of Representatives;
and
(H) the Committee on Ways and Means of
the House of Representatives.
(2) COMMERCIAL
SEAPORT
PERSONNEL.—The
term ‘‘commercial seaport personnel’’ means any per-
son engaged in an activity relating to the loading or
unloading of cargo, the movement or tracking of
cargo, the maintenance and repair of intermodal
equipment, the operation of cargo-related equipment
(whether or not integral to the vessel), and the han-
dling of mooring lines on the dock when a vessel is
made fast or let go, in the United States or the coast-
al waters of the United States.
(3) COMMISSIONER.—The term ‘‘Commissioner’’
means the Commissioner responsible for the United
States Customs and Border Protection in the Depart-
ment of Homeland Security.
(4) CONTAINER.—The term ‘‘container’’ has the
meaning given the term in the International Conven-
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tion for Safe Containers, with annexes, done at Gene-
va, December 2, 1972 (29 UST 3707).
(5) CONTAINER
SECURITY
DEVICE.—The term
‘‘container security device’’ means a device, or system,
designed, at a minimum, to identify positively a con-
tainer, to detect and record the unauthorized intru-
sion of a container, and to secure a container against
tampering throughout the supply chain. Such a de-
vice, or system, shall have a low false alarm rate as
determined by the Secretary.
(6) DEPARTMENT.—The term ‘‘Department’’
means the Department of Homeland Security.
(7) EXAMINATION.—The term ‘‘examination’’
means an inspection of cargo to detect the presence of
misdeclared, restricted, or prohibited items that uti-
lizes nonintrusive imaging and detection technology.
(8) INSPECTION.—The term ‘‘inspection’’ means
the comprehensive process used by the United States
Customs and Border Protection to assess goods enter-
ing the United States to appraise them for duty pur-
poses, to detect the presence of restricted or prohibited
items, and to ensure compliance with all applicable
laws. The process may include screening, conducting
an examination, or conducting a search.
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(9) INTERNATIONAL SUPPLY CHAIN.—The term
‘‘international supply chain’’ means the end-to-end
process for shipping goods to or from the United
States from a point of origin (including manufac-
turer, supplier, or vendor) through a point of dis-
tribution.
(10) RADIATION
DETECTION
EQUIPMENT.—The
term ‘‘radiation detection equipment’’ means any
technology that is capable of detecting or identifying
nuclear and radiological material or nuclear and ra-
diological explosive devices.
(11) SCAN.—The term ‘‘scan’’ means utilizing
nonintrusive imaging equipment, radiation detection
equipment, or both, to capture data, including images
of a container.
(12) SCREENING.—The term ‘‘screening’’ means
a visual or automated review of information about
goods, including manifest or entry documentation ac-
companying a shipment being imported into the
United 
States, 
to 
determine 
the 
presence 
of
misdeclared, restricted, or prohibited items and assess
the level of threat posed by such cargo.
(13) SEARCH.—The term ‘‘search’’ means an in-
trusive examination in which a container is opened
and its contents are devanned and visually inspected
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for the presence of misdeclared, restricted, or prohib-
ited items.
(14) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Homeland Security.
(15) TRANSPORTATION DISRUPTION.—The term
‘‘transportation disruption’’ means any significant
delay, interruption, or stoppage in the flow of trade
caused by a natural disaster, heightened threat level,
an act of terrorism, or any transportation security
incident defined in section 70101(6) of title 46,
United States Code.
(16) TRANSPORTATION
SECURITY
INCIDENT.—
The term ‘‘transportation security incident’’ has the
meaning given the term in section 70101(6) of title
46, United States Code.
TITLE I—SECURITY OF UNITED
STATES SEAPORTS
Subtitle A—General Provisions
SEC. 101. AREA MARITIME TRANSPORTATION SECURITY
PLAN TO INCLUDE SALVAGE RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is
amended—
(1) in subparagraph (E), by striking ‘‘and’’ after
the semicolon;
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(2) by redesignating subparagraph (F) as sub-
paragraph (G); and
(3) by inserting after subparagraph (E) the fol-
lowing:
‘‘(F) include a salvage response plan—
‘‘(i) to identify salvage equipment capable
of restoring operational trade capacity; and
‘‘(ii) to ensure that the waterways are
cleared and the flow of commerce through United
States ports is reestablished as efficiently and
quickly as possible after a maritime transpor-
tation security incident; and’’.
SEC. 102. REQUIREMENTS RELATING TO MARITIME FACIL-
ITY SECURITY PLANS.
Section 70103(c) of title 46, United States Code, is
amended—
(1) in paragraph (3)—
(A) in subparagraph (C)(ii), by striking
‘‘facility’’ and inserting ‘‘facility, including ac-
cess by individuals engaged in the surface trans-
portation of intermodal containers in or out of
a port facility’’;
(B) in subparagraph (E), by striking ‘‘de-
scribe the’’ and inserting ‘‘provide a strategy
and timeline for conducting’’;
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(C) in subparagraph (F), by striking ‘‘and’’
at the end;
(D) in subparagraph (G), by striking the
period at the end and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(H) in the case of a security plan for a facility,
be resubmitted for approval of each change in the
ownership or operator of the facility that may sub-
stantially affect the security of the facility.’’; and
(2) by adding at the end the following:
‘‘(8)(A) The Secretary shall require that the qualified
individual having full authority to implement security ac-
tions for a facility described in paragraph (2) shall be a
citizen of the United States.
‘‘(B) The Secretary may waive the requirement of sub-
paragraph (A) with respect to an individual if the Sec-
retary determines that it is appropriate to do so based on
a complete background check of the individual and a review
of all terrorist watch lists to ensure that the individual is
not identified on any such terrorist watch list.’’.
SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FA-
CILITIES.
Section 70103(c)(4)(D) of title 46, United States Code,
is amended to read as follows:
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‘‘(D) subject to the availability of appropria-
tions, verify the effectiveness of each such facility se-
curity plan periodically, but not less than twice an-
nually, at least 1 of which shall be an inspection of
the facility that is conducted without notice to the fa-
cility.’’.
SEC. 104. TRANSPORTATION SECURITY CARD.
(a) IN GENERAL.—Section 70105 of title 46, United
States, Code is amended by adding at the end the following:
‘‘(g) APPLICATIONS FOR MERCHANT MARINER’S DOC-
UMENTS.—The Assistant Secretary of Homeland Security
for the Transportation Security Administration and the
Commandant of the Coast Guard shall concurrently process
an application from an individual for merchant mariner’s
documents under chapter 73 of title 46, United States Code,
and an application from that individual for a transpor-
tation security card under this section.
‘‘(h) FEES.—The Secretary shall ensure that the fees
charged each individual obtaining a transportation secu-
rity card under this section who has passed a background
check under section 5103a of title 49, United States Code,
and who has a current and valid hazardous materials en-
dorsement in accordance with section 1572 of title 49, Code
of Federal Regulations, and each individual with a current
and valid Merchant Mariner Document—
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‘‘(1) are for costs associated with the issuance,
production, and management of the transportation se-
curity card, as determined by the Secretary; and
‘‘(2) do not include costs associated with per-
forming a background check for that individual, un-
less the scope of said background checks diverge.
‘‘(i) IMPLEMENTATION SCHEDULE.—In implementing
the transportation security card program under this sec-
tion, the Secretary shall—
‘‘(1) conduct a strategic risk analysis and estab-
lish a priority for each United States port based on
risk; and
‘‘(2) implement the program, based upon risk
and other factors as determined by the Secretary, at
all facilities regulated under this chapter at—
‘‘(A) the 10 United States ports that are
deemed top priority by the Secretary not later
than July 1, 2007;
‘‘(B) the 40 United States ports that are
next in order of priority to the ports described
in subparagraph (A) not later than January 1,
2008; and
‘‘(C) all other United States ports not later
than January 1, 2009.
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‘‘(j) TRANSPORTATION SECURITY CARD PROCESSING
DEADLINE.—Not later than January 1, 2009, the Secretary
shall process and issue or deny each application for a trans-
portation security card under this section for individuals
with current and valid merchant mariner’s documents on
the date of enactment of the Port Security Improvement Act
of 2006.
‘‘(k) VESSEL AND FACILITY CARD READER ASSESS-
MENTS.—
‘‘(1) PILOT PROGRAMS.—
‘‘(A) VESSEL
PILOT
PROGRAM.—The Sec-
retary shall conduct a pilot program in 3 dis-
tinct geographic locations to assess the feasibility
of implementing card readers at secure areas of
a vessel in accordance with the Notice of Pro-
posed Rulemaking released on May 22, 2006,
(TSA–2006–24191; USCG–2006–24196).
‘‘(B) FACILITIES PILOT PROGRAM.—In ad-
dition to the pilot program described in subpara-
graph (A), the Secretary shall conduct a pilot
program in 3 distinct geographic locations to as-
sess the feasibility of implementing card readers
at secure areas of facilities in a variety of envi-
ronmental settings.
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‘‘(C) COORDINATION WITH TRANSPORTATION
SECURITY CARDS.—The pilot programs described
in subparagraphs (A) and (B) shall be conducted
concurrently with the issuance of the transpor-
tation security cards as described in subsection
(b), of this section, to ensure card and card read-
er interoperability.
‘‘(2) DURATION.—The pilot program described
in paragraph (1) shall commence not later than 180
days after the date of the enactment of the Port Secu-
rity Improvement Act of 2006 and shall terminate 1
year after commencement.
‘‘(3) REPORT.—Not later than 90 days after the
termination of the pilot program described under sub-
paragraph (1), the Secretary shall submit a com-
prehensive report to the appropriate congressional
committees (as defined in section 2(2) of the Home-
land Security Act of 2002 (6 U.S.C. 101(2)) that
includes—
‘‘(A) the actions that may be necessary to
ensure that all vessels and facilities to which this
section applies are able to comply with the regu-
lations promulgated under subsection (a);
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‘‘(B) recommendations concerning fees and
a statement of policy considerations for alter-
native security plans; and
‘‘(C) an analysis of the viability of equip-
ment under the extreme weather conditions of the
marine environment.
‘‘(l) PROGRESS REPORTS.—Not later than 6 months
after the date of the enactment of the Port Security Im-
provement Act 2006 and every 6 months thereafter until
the requirements under this section are fully implemented,
the Secretary shall submit a report on progress being made
in implementing such requirements to the appropriate con-
gressional committees (as defined in section 2(2) of the
Homeland Security Act of 2002 (6 U.S.C. 101(2)).’’.
(b) CLARIFICATION OF ELIGIBILITY FOR TRANSPOR-
TATION SECURITY CARDS.—Section 70105(b)(2) of title 46,
United States Code, is amended—
(1) by striking ‘‘and’’ after the semicolon in sub-
paragraph (E);
(2) by striking ‘‘Secretary.’’ in subparagraph (F)
and inserting ‘‘Secretary; and’’; and
(3) by adding at the end the following:
‘‘(G) other individuals as determined ap-
propriate by the Secretary including individuals
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employed at a port not otherwise covered by this
subsection.’’.
(c) DEADLINE FOR SECTION 70105 REGULATIONS.—
The Secretary shall promulgate final regulations imple-
menting section 70105 of title 46, United States Code, no
later than January 1, 2007. The regulations shall include
a background check process to enable newly hired workers
to begin working unless the Secretary makes an initial de-
termination that the worker poses a security risk. Such
process shall include a check against the consolidated and
integrated terrorist watch list maintained by the Federal
Government.
SEC. 105. PROHIBITION OF ISSUANCE OF TRANSPORTATION
SECURITY CARDS TO CONVICTED FELONS.
Section 70105 of title 46, United States Code, is
amended—
(1) in subsection (b)(1), by striking ‘‘decides that
the individual poses a security risk under subsection
(c)’’ and inserting ‘‘determines under subsection (c)
that the individual poses a security risk’’; and
(2) in subsection (c), by amending paragraph
(1) to read as follows:
‘‘(1) DISQUALIFICATIONS.—
‘‘(A) PERMANENT DISQUALIFYING CRIMINAL
OFFENSES.—Except as provided under para-
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graph (2), an individual is permanently dis-
qualified from being issued a transportation se-
curity card under subsection (b) if the individual
has been convicted, or found not guilty by reason
of insanity, in a civilian or military jurisdiction
of any of the following felonies:
‘‘(i) Espionage or conspiracy to com-
mit espionage.
‘‘(ii) Sedition or conspiracy to commit
sedition.
‘‘(iii) Treason or conspiracy to commit
treason.
‘‘(iv) A crime listed in chapter 113B of
title 18, a comparable State law, or con-
spiracy to commit such crime.
‘‘(v) A crime involving a transpor-
tation security incident. In this clause, a
transportation security incident—
‘‘(I) is a security incident result-
ing in a significant loss of life, envi-
ronmental damage, transportation sys-
tem disruption, or economic disruption
in a particular area (as defined in sec-
tion 70101 of title 46); and