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September 7, 2006 - Issue: Vol. 152, No. 109 — Daily Edition109th Congress (2005 - 2006) - 2nd Session

TEXT OF AMENDMENTS; Congressional Record Vol. 152, No. 109
(Senate - September 07, 2006)

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[Pages S9194-S9209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

TEXT OF AMENDMENTS

SA 4907. Mr. CONRAD (for himself, Mr. Dorgan, Mr. Salazar, Mr.
Menendez, Mrs. Lincoln, Mr. Kerry, Mr. Obama, Mr. Pryor, Mr. Bingaman,
Mr. Dayton, Mr. Kennedy, and Mr. Leahy) proposed an amendment to the
bill H.R. 5631, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2007, and for other purposes; as
follows:

On page 230, beginning on line 15, strike ``$19,265,000''
and all that follows through line 16 and insert the
following: ``$219,265,000, to remain available until
September 30, 2008: Provided, That $200,000,000 of such funds
is available only for a unit dedicated to bringing to justice
Osama bin Laden and other key leaders of al Qaeda: Provided
further, That the Secretary of Defense shall, not later than
60 days after the date of the enactment of this Act, and
every 90 days thereafter, submit to the congressional defense
committees, the Committee on International Relations of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a classified report on progress made
by the operations in the global war on terrorism for which
funding is provided in this Act, including an assessment of
the likely current location of terrorist leaders, including
Osama bin Laden and other key leaders of al Qaeda, a
description of ongoing efforts to bring to justice such
terrorists, a description of the cooperation provided by the
governments of any countries assessed as likely locations of
top leaders of al Qaeda and by other relevant countries, a
description of diplomatic efforts currently being made to
improve the cooperation of any such governments, and a
description of the status of, and strategy for bringing to
justice, perpetrators of terrorism including the top
leadership of al Qaeda: Provided further, That the Secretary
of Defense shall prepare such reports in consultation with
other appropriate officials with regard to funds appropriated
under this chapter: Provided further, That the amount
provided under this heading is designated as making
appropriations for contingency operations directly related to
the global war on terrorism, and other unanticipated defense-
related operations, pursuant to section 402 of H. Con. Res.
376 (109th Congress), as made applicable to the House of
Representatives by H. Res. 818 (109th Congress) and is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-
234.''
______

SA 4908. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an
amendment intended to be proposed by him to the bill H.R. 5631, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2007, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title VIII, add the following:
Sec. 8109. Of the amount appropriated or otherwise made
available by title IV under the heading ``Research,
Development, Test and Evaluation, Air Force'', up to
$1,000,000 may be available for the Environment Systems,
Management, Analysis, and Reporting Network (E-SMART) threat
analysis program.
______

SA 4909. Mr. MENENDEZ proposed an amendment to the bill H.R. 5631,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2007, and for other purposes; as follows:

At the end of title VIII, add the following:
Sec. 8019. (a) Prohibition on Use of Funds for Certain
Public Relations Activities.--None of the amounts
appropriated or otherwise made available by this Act may be
obligated or expended for a public relations program designed
to monitor news media in the United States and the Middle
East and create a database of news stories to promote
positive coverage of the war in Iraq.
(b) Scope.--The prohibition in subsection (a) shall not
apply to programs and activities of the Department of Defense
directed at collecting or analyzing information in the news
media.
______

SA 4910. Mr. REID (for himself and Mr. Obama) submitted an amendment
intended to be proposed by him to the bill H.R. 5631, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2007, and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title IX, add the following:
Sec. 9012. (a) Congress makes the following findings:
(1) Despite the signing of the Darfur Peace Agreement on
May 5, 2006, the violence in Darfur, Sudan, continues to
escalate and threatens to spread to other areas of Sudan and
throughout the region.
(2) The African Union Mission in Sudan (AMIS) currently
serves as the primary security force in Sudan, but is
undermanned and under-equipped.
(3) Although the United Nations has approved sending a
peacekeeping force to Darfur, the African Union Mission in
Sudan (AMIS) will need to expand its manpower and capability
in order to assist or serve as a bridge force until the
United Nations peacekeeping force can be deployed.
(b) The amount appropriated or otherwise made available by
chapter 2 of this title under the heading ``Operation and
Maintenance, Defense-Wide'' is hereby increased by
$20,000,000.
(c) Of the amount appropriated or otherwise made available
by chapter 2 of this title under the heading ``Operation and
Maintenance, Defense-Wide'', as increased by subsection (b),
$20,000,000 may be available--
(1) to assist in the training, support, and equipping of
the African Union Mission in Sudan (AMIS) to bolster its
efforts to protect the civilian population in Darfur;
(2) to facilitate the air-lifting of AMIS forces into the
Darfur region as quickly as possible; and
(3) to assist and expand the logistics capability of the
African Union Mission in Sudan (AMIS).
(d) The Secretary of Defense may transfer funds made
available under subsection (b) to other appropriations to
accomplish the purposes of this section. This transfer
authority is in addition to any other transfer authority
available to the Department of Defense. The Secretary shall,
not fewer than five days prior to making transfers from this
appropriation account, notify the congressional defense
committees in writing of the details of any such transfer.
______

SA 4911. Mr. REED (for himself, Mr. Bayh, and Mr. Dorgan) proposed an
amendment to the bill H.R. 5631, making appropriations for the
Department of Defense for the fiscal year ending September 30, 2007,
and for other purposes; as follows:

At the end of title IX, add the following:
Sec. 9012. (a) Additional Amount for Aircraft Procurement,
Air Force.--The amount appropriated by chapter 3 of this
title under the heading ``Aircraft Procurement, Air Force''
is hereby increased by $65,400,000, with the amount of the
increase designated as appropriations for contingency
operations directly related to the Global War on Terrorism,
and other unanticipated defense-related operations, pursuant
to section 402 of H. Con. Res. 376 (109th Congress), as made
applicable to the House of Representatives by H. Con. Res.
818 (109th Congress) and designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 83 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2007, as made applicable in the Senate by Section 7035
of Public Law 109-234.
(b) Availability for Procurement of Predators.--Of the
amount appropriated by chapter 3 of this title under the
heading ``Aircraft Procurement, Air Force'' as increased by
subsection (a), up to $65,400,000 may be available for
procurement of Predators for Special Operations forces.
(c) Supplement Not Supplant.--The amount available under
subsection (b) for the purpose specified in that subsection
is in addition to any other amounts available in this Act for
that purpose.
______

SA 4912. Mr. REID (for himself, Mr. Obama, Mrs. Clinton, and Mr.
Durbin) submitted an amendment intended to be proposed by him to the
bill H.R. 5631, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2007, and for other purposes; as
follows:

SA 4913. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 5631, making appropriations for the Department of
Defense for the fiscal year ending September 30, 2007, and for other
purposes; as follows:

At the end of title IX, add the following:
Sec. 9012. (a) Report on Contingency Planning in the Event
of Civil War in Iraq.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the appropriate committees of Congress a report
setting forth the contingency plans of the Department of
Defense to protect United States

[[Page S9195]]

military and civilian personnel in the event of a civil war
in Iraq.
(b) Form.--The report required by subsection (a) may be
submitted in classified form.
(c) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
International Relations, the Permanent Select Committee on
Intelligence, and the Committee on Appropriations of the
House of Representatives.
______

SA 4914. Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Burns, Mr.
Dorgan, and Mr. Wyden) submitted an amendment intended to be proposed
by him to the bill H.R. 5631, making appropriations for the Department
of Defense for the fiscal year ending September 30, 2007, and for other
purposes; which was ordered to lie on the table; as follows:

On page 230, between lines 16 and 17, insert the following:

DEPARTMENT OF THE INTERIOR

For an additional amount for ``Wildland Fire Management''
under the heading ``DEPARTMENT OF THE INTERIOR'' of title I
of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006 (Public Law 109-54),
$100,000,000 for the conduct of emergency wildfire
suppression activities of the Secretary of the Interior, to
be made available beginning on the date of enactment of this
Act and to remain available until expended: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
83 (109th Congress), the concurrent resolution on the budget
for fiscal year 2007, as made applicable in the Senate by
section 7035 of Public Law 109-234.

DEPARTMENT OF AGRICULTURE

For an additional amount for ``Wildland Fire Management''
under the heading ``DEPARTMENT OF AGRICULTURE'' of title III
of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006 (Public Law 109-54),
$175,000,000 for the conduct of emergency wildfire
suppression activities of the Secretary of Agriculture,
acting through the Chief of the Forest Service, to be made
available beginning on the date of enactment of this Act and
to remain available until expended: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 83 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2007, as made applicable in the Senate by section 7035
of Public Law 109-234.
______

SA 4915. Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Burns, Mr.
Dorgan, Ms. Cantwell, Mr. Reid, and Mr. Salazar) proposed an amendment
to the bill H.R. 5631, making appropriations for the Department of
Defense for the fiscal year ending September 30, 2007, and for other
purposes; as follows:

On page 230, between lines 16 and 17, insert the following:

DEPARTMENT OF THE INTERIOR

For an additional amount for ``Wildland Fire Management''
under the heading ``DEPARTMENT OF THE INTERIOR'' of title I
of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006 (Public Law 109-54),
$100,000,000 for the conduct of emergency wildfire
suppression activities of the Secretary of the Interior.
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-
234.

DEPARTMENT OF AGRICULTURE

SA 4916. Mr. STEVENS (for Mr. Cochran) proposed an amendment to the
bill H.R. 5631, making appropriations for the Department of Defense for
the fiscal year ending September 30, 2007, and for other purposes; as
follows:

At the end of title VIII, add the following:
Sec. 8109. Of the amount appropriated or otherwise made
available by title IV under the heading ``Research,
Development, Test and Evaluation, Navy'', up to $300,000 may
be available for independent testing of the Joint Improvised
Explosive Device Neutralizer III, with such test to be
designed and conducted by the Marine Corps Warfighting
Laboratory.
(2) The African Union Mission in Sudan (AMIS) currently
serves as the primary security force in Sudan, but is
undermanned and underequipped.
(3) Although the United Nations has approved sending a
peacekeeping force to Darfur, the African Union Mission in
Sudan (AMIS) will need to expand its manpower and capability
in order to assist or serve as a bridge force until the
United Nations peacekeeping force can be deployed.
(b) The amount appropriated or otherwise made available by
chapter 2 of this title under the heading ``Operation and
Maintenance, Defense-Wide'' is hereby increased by
$20,000,000.
(c) Of the amount appropriated or otherwise made available
by chapter 2 of this title under the heading ``Operation and
Maintenance, Defense-Wide'', as increased by subsection (b),
$20,000,000 may be available--
(1) to assist in the training, support, and equipping of
the African Union Mission in Sudan (AMIS) to bolster its
efforts to protect the civilian population in Darfur;
(2) to facilitate the air-lifting of AMIS forces into the
Darfur region as quickly as possible; and
(3) to assist and expand the logistics capability of the
African Union Mission in Sudan (AMIS).
(d) The amount made available by subsection (b) is
designated as appropriations for contingency operations
directly related to the global war on terrorism, and other
unanticipated defense-related operations, pursuant to section
402 of H. Con. Res. 376 (109th Congress), as made applicable
to the House of Representatives by H. Res. 818 (109th
Congress) and is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 83 (109th Congress),
the concurrent resolution on the budget for fiscal year 2007,
as made applicable in the Senate by section 7035 of Public
Law 109-234.
(e) The Secretary of Defense may transfer funds made
available by subsection (b) to other appropriations to
accomplish the purposes of this section. This transfer
authority is in addition to any other transfer authority
available to the Department of Defense. The Secretary shall,
not fewer than five days prior to making transfers from this
appropriation account, notify the congressional defense
committees in writing of the details of any such transfer.
______

SA 4917. Mr. STEVENS proposed an amendment to the bill H.R. 5631,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2007, and for other purposes; as follows:

At the end of title VIII, add the following:
Sec. 8109. Notwithstanding any other provision of law, the
Secretary of the Army may reimburse a member for expenses
incurred by the member or family member when such expenses
are otherwise not reimbursable under law:
Provided, That such expenses must have been incurred in
good faith as a direct consequence of reasonable preparation
for, or execution of, military orders:
Provided further, That reimbursement under this section
shall be allowed only in situations wherein other authorities
are insufficient to remedy a hardship determined by the
Secretary, and only when the Secretary determines that
reimbursement of the expense is in the best interest of the
member and the United States:
Provided further, That this provision shall only apply to
soldiers assigned to the 172nd Stryker Brigade Combat Team.
______

SA 4918. Mr. STEVENS proposed an amendment to the bill H.R. 5631,
making appropriations for the Department of Defense for the fiscal year
ending September 30, 2007, and for other purposes; as follows:

At the end of title VIII, add the following:
Sec. 8109. Of the amount appropriated or otherwise made
available by title IV under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for DARPA
Management Headquarters, up to $1,000,000 may be available
for the Heavy Fuel Diesel Engine (PE #0603286E).
______

SA 4919. Mr. FRIST (for himself, Mr. Reid, Ms. Collins, Mr. Stevens,
Mr. Grassley, Mrs. Murray, Mr. Inouye, Mr. Baucus, Mr. Lieberman, Mr.
Coleman, and Mr. Allen) proposed an amendment to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; as follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

[[Page S9196]]

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. Long-range vessel tracking.
Sec. 106. Establishment of interagency operational centers for port
security.

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.

TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

Subtitle A--General Provisions

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

Subtitle B--Customs-Trade Partnership Against Terrorism

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

Subtitle C--Miscellaneous Provisions

Sec. 231. Pilot integrated scanning system.
Sec. 232. International cooperation and coordination.

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.

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. 2. DEFINITIONS.

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

TITLE I--SECURITY OF UNITED STATES SEAPORTS

Subtitle A--General Provisions

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

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

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

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

SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.

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

[[Page S9197]]

SEC. 104. TRANSPORTATION SECURITY CARD.

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

SEC. 105. LONG-RANGE VESSEL TRACKING.

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

SEC. 106. ESTABLISHMENT OF INTERAGENCY OPERATIONAL CENTERS
FOR PORT SECURITY.

(a) In General.--Chapter 701 of title 46, United States
Code, is amended by inserting after section 70107 the
following:

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

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

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

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

SEC. 111. PORT SECURITY GRANTS.

(a) Basis for Grants.--Section 70107(a) of title 46, United
States Code, is amended by striking ``for making a fair and
equitable allocation of funds'' and inserting ``for the
allocation of funds based on risk''.
(b) Multiple-Year Projects, etc.--Section 70107 of title
46, United States Code, is

[[Page S9198]]

amended by redesignating subsections (e), (f), (g), (h), and
(i) as subsections (i), (j), (k), (l), and (m), respectively,
and by inserting after subsection (d) the following:
``(e) Multiple-Year Projects.--
``(1) Letters of intent.--The Secretary may execute letters
of intent to commit funding to such authorities, operators,
and agencies.
``(2) Limitation.--Not more than 20 percent of the grant
funds awarded under this subsection in any fiscal year may be
awarded for projects that span multiple years.
``(f) Consistency With Plans.--The Secretary shall ensure
that each grant awarded under subsection (e)--
``(1) is used to supplement and support, in a consistent
and coordinated manner, the applicable Area Maritime
Transportation Security Plan; and
``(2) is coordinated with any applicable State or Urban
Area Homeland Security Plan.
``(g) Applications.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a
grant under this subsection, at such time, in such form, and
containing such information and assurances as the Secretary,
working through the Directorate for Preparedness, may
require.''.
(c) Authorization of Appropriations.--Subsection (l) of
section 70107 of title 46, United States Code, as
redesignated by subsection (b) is amended to read as follows:
``(l) Authorization of Appropriations.--There are
authorized to be appropriated $400,000,000 for each of the
fiscal years 2007 through 2011 to carry out this section.''.

SEC. 112. PORT SECURITY TRAINING PROGRAM.

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

SEC. 113. PORT SECURITY EXERCISE PROGRAM.

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

Subtitle C--Port Operations

SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.

(a) Examining Containers.--Not later than December 31,
2007, all containers entering the United States through the
busiest 22 seaports of entry shall be examined for radiation.
(b) Strategy.--The Secretary shall develop a strategy for
the deployment of radiation detection capabilities that
includes--
(1) a risk-based prioritization of ports of entry at which
radiation detection equipment will be deployed;
(2) a proposed timeline of when radiation detection
equipment will be deployed at each port of entry identified
under paragraph (1);
(3) the type of equipment to be used at each port of entry
identified under paragraph (1), including the joint
deployment and utilization of radiation detection equipment
and nonintrusive imaging equipment;
(4) standard operating procedures for examining containers
with such equipment, including sensor alarming, networking,
and communications and response protocols;
(5) operator training plans;
(6) an evaluation of the environmental health and safety
impacts of nonintrusive imaging technology;
(7) the policy of the Department for using nonintrusive
imagining equipment in tandem with radiation detection
equipment; and
(8) a classified annex that--
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of ports of
entry identified under paragraph (1).
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit the
strategy developed under subsection (b) to the appropriate
congressional committees.
(d) Update.--Not later than 180 days after the date of the
enactment of this Act, the Secretary may update the strategy
submitted under subsection (c) to provide a more complete
evaluation under subsection (b)(6).
(e) Other Weapons of Mass Destruction Threats.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall submit a strategy for the development of
equipment to detect chemical, biological, and other weapons
of mass destruction at all ports of entry into the United
States to the appropriate congressional committees.
(f) Standards.--The Secretary, in conjunction with the
National Institute of Standards and Technology, shall publish
technical capability standards and recommended standard
operating procedures for the use of nonintrusive imaging and
radiation detection equipment in the United States. Such
standards and procedures--
(1) should take into account relevant standards and
procedures utilized by other Federal departments or agencies
as well as those developed by international bodies; and
(2) shall not be designed so as to endorse specific
companies or create sovereignty conflicts with participating
countries.
(g) Implementation.--Not later than 3 years after the date
of the enactment of this Act, the Secretary shall fully
implement the strategy developed under subsection (b).

SEC. 122. PORT SECURITY USER FEE STUDY.

The Secretary shall conduct a study of the need for, and
feasibility of, establishing a system of ocean-borne and
port-related transportation user fees that may be imposed and
collected as a dedicated revenue source, on a temporary or
continuing basis, to provide necessary funding for legitimate
improvements to, and maintenance of, port security. Not later
than 1 year after the date of the enactment of this Act, the
Secretary

[[Page S9199]]

shall submit a report to the appropriate congressional
committees that contains--
(1) the results of the study;
(2) an assessment of the annual amount of customs fees and
duties collected through ocean-borne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improve and maintain security;
(3)(A) an assessment of the fees, charges, and standards
imposed on United States ports, port terminal operators,
shippers, and persons who use United States ports, compared
with the fees and charges imposed on ports and port terminal
operators in Canada and Mexico and persons who use those
foreign ports; and
(B) an assessment of the impact on the competitiveness of
United States ports, port terminal operators, and shippers;
and
(4) the Secretary's recommendations based upon the study,
and an assessment of the consistency of such recommendations
with the international obligations and commitments of the
United States.

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

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

SEC. 124. RANDOM SEARCHES OF CONTAINERS.

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

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

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

TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

Subtitle A--General Provisions

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

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

SEC. 202. POST INCIDENT RESUMPTION OF TRADE.

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

[[Page S9200]]

(e) Communication.--Consistent with section 201 of this
Act, the Commandant of the Coast Guard, Commissioner, and
other appropriate Federal officials, shall promptly
communicate any revised procedures or instructions intended
for the private sector following a maritime disruption or
maritime transportation security incident.

SEC. 203. AUTOMATED TARGETING SYSTEM.

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

SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.

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

SEC. 205. CONTAINER SECURITY INITIATIVE.

(a) Establishment.--The Secretary, acting through the
Commissioner, shall establish and implement a program
(referred to in this section as the ``Container Security
Initiative'') to identify and examine or search maritime
containers that pose a security risk before loading such
containers in a foreign port for shipment to the United
States, either directly or through a foreign port.
(b) Assessment.--The Secretary, acting through the
Commissioner, may designate foreign seaports to participate
in the Container Security Initiative after the Secretary has
assessed the costs, benefits, and other factors associated
with such designation, including--
(1) the level of risk for the potential compromise of
containers by terrorists, or other threats as determined by
the Secretary;
(2) the volume and value of cargo being imported to the
United States directly from, or being transshipped through,
the foreign seaport;
(3) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;
(4) the commitment of the government of the country in
which the foreign seaport is located to cooperate with the
Department to carry out the Container Security Initiative;
and
(5) the potential for validation of security practices at
the foreign seaport by the Department.
(c) Notification.--The Secretary shall notify the
appropriate congressional committees of the designation of a
foreign port under the Container Security Initiative or the
revocation of such a designation before notifying the public
of such designation or revocation.
(d) Negotiations.--The Secretary, in cooperation with the
Secretary of State and in consultation with the United States
Trade Representative, may enter into negotiations with the
government of each foreign nation in which a seaport is
designated under the Container Security Initiative to ensure
full compliance with the requirements under the Container
Security Initiative.
(e) Overseas Inspections.--The Secretary shall establish
minimum technical capability criteria and standard operating
procedures for the use of nonintrusive imaging and radiation
detection equipment in conjunction with the Container
Security Initiative and shall monitor operations at foreign
seaports designated under the Container Security Initiative
to ensure the use of such criteria and procedures. Such
criteria and procedures--
(1) shall be consistent with relevant standards and
procedures utilized by other Federal departments or agencies,
or developed by international bodies if the United States
consents to such standards and procedures;
(2) shall not apply to activities conducted under the
Megaports Initiative of the Department of Energy;
(3) shall not be designed to endorse the product or
technology of any specific company or to conflict with the
sovereignty of a country in which a foreign seaport
designated under the Container Security Initiative is
located; and
(4) shall be applied to the equipment operated at each
foreign seaport designated under the Container Security
Initiative, except as provided under paragraph (2).
(f) Savings Provision.--The authority of the Secretary
under this section shall not affect any authority or
duplicate any efforts or responsibilities of the Federal
Government with respect to the deployment of radiation
detection equipment outside of the United States under any
program administered by the Department.
(g) Coordination.--The Secretary shall coordinate with the
Secretary of Energy to--
(1) provide radiation detection equipment required to
support the Container Security Initiative through the
Department of Energy's Second Line of Defense and Megaports
programs; or
(2) work with the private sector to obtain radiation
detection equipment that meets the Department's technical
specifications for such equipment.
(h) Staffing.--The Secretary shall develop a human capital
management plan to determine adequate staffing levels in the
United States and in foreign seaports including, as
appropriate, the remote location of personnel in countries in
which foreign seaports are designated under the Container
Security Initiative.
(i) Annual Discussions.--The Secretary, in coordination
with the appropriate Federal officials, shall hold annual
discussions with foreign governments of countries in which
foreign seaports designated under the Container Security
Initiative are located regarding best practices, technical
assistance, training needs, and technological developments
that will assist in ensuring the efficient and secure
movement of international cargo.
(j) Lesser Risk Port.--The Secretary, acting through the
Commissioner, may treat cargo loaded in a foreign seaport
designated under the Container Security Initiative as
presenting a lesser risk than similar cargo loaded in a
foreign seaport that is not designated under the Container
Security Initiative, for the purpose of clearing such cargo
into the United States.
(k) Report.--
(1) In general.--Not later than September 30, 2007, the
Secretary, acting through the Commissioner, shall, in
consultation with other appropriate government officials and
the Commercial Operations Advisory Committee, submit a report
to the appropriate

[[Page S9201]]

congressional committee on the effectiveness of, and the need
for any improvements to, the Container Security Initiative.
The report shall include--
(A) a description of the technical assistance delivered to,
as well as needed at, each designated seaport;
(B) a description of the human capital management plan at
each designated seaport;
(C) a summary of the requests made by the United States to
foreign governments to conduct physical or nonintrusive
inspections of cargo at designated seaports, and whether each
such request was granted or denied by the foreign government;
(D) an assessment of the effectiveness of screening,
scanning, and inspection protocols and technologies utilized
at designated seaports and the effect on the flow of commerce
at such seaports, as well as any recommendations for
improving the effectiveness of screening, scanning, and
inspection protocols and technologies utilized at designated
seaports;
(E) a description and assessment of the outcome of any
security incident involving a foreign seaport designated
under the Container Security Initiative; and
(F) a summary and assessment of the aggregate number and
extent of trade compliance lapses at each seaport designated
under the Container Security Initiative.
(2) Updated report.--Not later than September 30, 2010, the
Secretary, acting through the Commissioner, shall, in
consultation with other appropriate government officials and
the Commercial Operations Advisory Committee, submit an
updated report to the appropriate congressional committees on
the effectiveness of, and the need for any improvements to,
the Container Security Initiative. The updated report shall
address each of the elements required to be included in the
report provided for under paragraph (1).
(l) Authorization of Appropriations.--There are authorized
to be appropriated to the United States Customs and Border
Protection in the Department of Homeland Security to carry
out the provisions of this section--
(1) $144,000,000 for fiscal year 2008;
(2) $146,000,000 for fiscal year 2009; and
(3) $153,300,000 for fiscal year 2010.

Subtitle B--Customs-Trade Partnership Against Terrorism

SEC. 211. ESTABLISHMENT.

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

SEC. 212. ELIGIBLE ENTITIES.

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

SEC. 213. MINIMUM REQUIREMENTS.

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

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

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

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

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

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

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

SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.

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

[[Page S9202]]

the Commissioner pursuant to subsection (b). Such appeal
shall be filed with the Secretary not later than 30 days
after the date of the decision, and the Secretary shall issue
a determination not later than 180 days after the appeal is
filed.

SEC. 218. REVALIDATION.

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

SEC. 219. NONCONTAINERIZED CARGO.

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

SEC. 220. C-TPAT PROGRAM MANAGEMENT.

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

SEC. 221. RESOURCE MANAGEMENT STAFFING PLAN.

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

SEC. 222. ADDITIONAL PERSONNEL.

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

SEC. 223. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 224. REPORT TO CONGRESS.

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

Subtitle C--Miscellaneous Provisions

SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.

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

SEC. 232. INTERNATIONAL COOPERATION AND COORDINATION.

(a) Inspection Technology and Training.--
(1) In general.--The Secretary, in coordination with the
Secretary of State, the Secretary of Energy, and appropriate
representatives of other Federal agencies, may provide
technical assistance, equipment, and training to facilitate
the implementation of supply chain security measures at ports
designated under the Container Security Initiative and at
other foreign ports, as appropriate.
(2) Acquisition and training.--Unless otherwise prohibited
by law, the Secretary may--
(A) lease, loan, provide, or otherwise assist in the
deployment of nonintrusive inspection and handheld radiation
detection equipment at foreign land and sea ports under such
terms and conditions as the Secretary prescribes, including
nonreimbursable loans or the transfer of ownership of
equipment; and
(B) provide training and technical assistance for domestic
or foreign personnel responsible for operating or maintaining
such equipment.
(b) Actions and Assistance for Foreign Ports.--Section
70110 of title 46, United States Code, is amended--
(1) by striking the section header and inserting the
following:

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

; and
(2) by adding at the end the following:
``(e) Assistance for Foreign Ports.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, and the
Secretary of Energy, shall identify foreign assistance
programs that could facilitate implementation of port
security antiterrorism measures in foreign countries. The
Secretary shall establish a program to utilize the programs
that are capable of implementing port security antiterrorism
measures at ports in

[[Page S9203]]

foreign countries that the Secretary finds, under section
70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the
Coast Guard, shall place particular emphasis on utilizing
programs to facilitate the implementation of port security
antiterrorism measures at the ports located in the Caribbean
Basin, as such ports pose unique security and safety threats
to the United States due to--
``(A) the strategic location of such ports between South
America and the United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of narcotics to
the United States that are moved through such ports.''.
(c) Report on Security at Ports in the Caribbean Basin.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit a report to the appropriate
congressional committees on the security of ports in the
Caribbean Basin.
(2) Contents.--The report submitted under paragraph (1)--
(A) shall include--
(i) an assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve
such security;
(ii) an estimate of the number of ports in the Caribbean
Basin that will not be secured by January 1, 2007;
(iii) an estimate of the financial impact in the United
States of any action taken pursuant to section 70110 of title
46, United States Code, that affects trade between such ports
and the United States; and
(iv) an assessment of the additional resources and program
changes that are necessary to maximize security at ports in
the Caribbean Basin; and
(B) may be submitted in both classified and redacted
formats.
(d) Clerical Amendment.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by striking
the item relating to section 70110 and inserting the
following:

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

TITLE III--ADMINISTRATION

SEC. 301. OFFICE OF CARGO SECURITY POLICY.

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

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

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

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

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

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

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

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

TITLE IV--AGENCY RESOURCES AND OVERSIGHT

SEC. 401. OFFICE OF INTERNATIONAL TRADE.

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

[[Page S9204]]

collection of antidumping and countervailing duties.
``(3) Annual report.--Not later than 30 days after the end
of each fiscal year, the Trade Finance Committee shall submit
a report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives.
The report shall--
``(A) detail the activities and findings of the Trade
Finance Committee during the preceding fiscal year; and
``(B) identify the priorities of the Trade Finance
Committee for the current fiscal year.
``(g) Definition.--In this section, the term `Commissioner'
means the Commissioner responsible for the United States
Customs and Border Protection in the Department of Homeland
Security.''.

SEC. 402. RESOURCES.

Section 301 of the Customs Procedural Reform and
Simplification Act of 1978 (19 U.S.C. 2075) is amended by
adding at the end the following:
``(h) Resource Allocation Model.--
``(1) Resource allocation model.--Not later than June 30,
2007, and every 2 years thereafter, the Commissioner shall
prepare and submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of
Representatives a Resource Allocation Model to determine the
optimal staffing levels required to carry out the commercial
operations of United States Customs and Border Protection,
including commercial inspection and release of cargo and the
revenue functions described in section 412(b)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)). The model
shall comply with the requirements of section 412(b)(1) of
such Act and shall take into account previous staffing models
and historic and projected trade volumes and trends. The
Resource Allocation Model shall apply both risk-based and
random sampling approaches for determining adequate staffing
needs for priority trade functions, including--
``(A) performing revenue functions;
``(B) enforcing antidumping and countervailing laws;
``(C) protecting intellectual property rights;
``(D) enforcing provisions of law relating to trade in
textiles and apparel;
``(E) conducting agricultural inspections;
``(F) enforcing fines, penalties and forfeitures; and
``(G) facilitating trade.
``(2) Personnel.--
``(A) In general.--Not later than September 30, 2007, the
Commissioner shall ensure that the requirements of section
412(b) of the Homeland Security Act of 2002 (6 U.S.C. 212(b))
are fully satisfied and shall report to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives regarding the implementation of
this subparagraph.
``(B) Customs and border protection officers.--The initial
Resource Allocation Model required pursuant to paragraph (1)
shall provide for the hiring of a minimum of 725 additional
Customs and Border Protection Officers. The Commissioner
shall hire such additional officers, subject to the
appropriation of funds to pay for the salaries and expenses
of such officers, of which the Commissioner shall assign--
``(i) 1 additional officer at each port of entry in the
United States; and
``(ii) the balance of the additional officers authorized by
this subsection among ports of entry in the United States.
``(C) Assignment.--In assigning such officers pursuant to
subparagraph (B), the Commissioner shall consider the volume
of trade and the incidence of nonvoluntarily disclosed
customs and trade law violations in addition to security
priorities among such ports of entry.
``(D) Redistribution.--Not later than September 30, 2008,
the Director of Field Operations in each Field Office may, at
the request of the Director of a Service Port reporting to
such Field Office, direct the redistribution of the
additional personnel provided for pursuant to subparagraph
(B) among the ports of entry reporting to such Field Office.
The Commissioner shall promptly report any redistribution of
personnel pursuant to subparagraph (B) to the Committee on
Homeland Security and Governmental Affairs and Committee on
Finance of the Senate, and the Committee on Homeland Security
and Committee on Ways and Means of the House of
Representatives.
``(3) Authorization of appropriations.--In addition to any
monies hereafter appropriated to United States Customs and
Border Protection in the Department of Homeland Security,
there are authorized to be appropriated for the purpose of
meeting the requirements of paragraph (2)(B), to remain
available until expended--
``(A) $85,000,000 for fiscal year 2008.
``(B) $132,000,000 for fiscal year 2009.
``(C) $137,000,000 for fiscal year 2010.
``(D) $142,000,000 for fiscal year 2011.
``(E) $147,000,000 for fiscal year 2012.
``(4) Report.--Not later than 30 days after the end of each
fiscal year, the Commissioner shall report to the Committee
on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives on the resources directed to
commercial and trade facilitation functions within the Office
of Field Operations for the preceding fiscal year. Such
information shall be reported for each category of personnel
within the Office of Field Operations.
``(5) Regulations to implement trade agreements.--Not later
than 30 days after the date of the enactment of the Port
Security Improvement Act of 2006, the Commissioner shall
designate and maintain not less than 5 attorneys within the
Office of International Trade established pursuant to section
2 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19
U.S.C. 2072) with primary responsibility for the prompt
development and promulgation of regulations necessary to
implement any trade agreement entered into by the United
States.
``(6) Definition.--As used in this subsection, the term
`Commissioner' means the Commissioner responsible for United
States Customs and Border Protection in the Department of
Homeland Security.''.

SEC. 403. NEGOTIATIONS.

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

SEC. 404. INTERNATIONAL TRADE DATA SYSTEM.

Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is
amended by adding at the end the following:
``(d) International Trade Data System.--
``(1) Establishment.--
``(A) In general.--The Secretary of the Treasury (in this
section, referred to as the `Secretary') shall oversee the
establishment of an electronic trade data interchange system
to be known as the `International Trade Data System' (ITDS).
The ITDS shall be implemented not later than the date that
the Automated Commercial Environment (commonly referred to as
`ACE') is implemented.
``(B) Purpose.--The purpose of the ITDS is to eliminate
redundant information requirements, to efficiently regulate
the flow of commerce, and to effectively enforce laws and
regulations relating to international trade, by establishing
a single portal system, operated by the United States Customs
and Border Protection, for the collection and distribution of
standard electronic import and export data required by all
participating Federal agencies.
``(C) Participation.--
``(i) In general.--All Federal agencies that require
documentation for clearing or licensing the importation and
exportation of cargo shall participate in the ITDS.
``(ii) Waiver.--The Director of the Office of Management
and Budget may waive, in

[[Page S9205]]

whole or in part, the requirement for participation for any
Federal agency based on the national security interests of
the United States.
``(D) Consultation.--The Secretary shall consult with and
assist agencies in the transition from paper to electronic
format for the submission, issuance, and storage of documents
relating to data required to enter cargo into the United
States.
``(2) Data elements.--
``(A) In general.--The Interagency Steering Committee
(established under paragraph (3)) shall, in consultation with
the agencies participating in the ITDS, define the standard
set of data elements to be collected, stored, and shared in
the ITDS. The Interagency Steering Committee shall
periodically review the data elements in order to update the
standard set of data elements, as necessary.
``(B) Commitments and obligations.--The Interagency
Steering Committee shall ensure that the ITDS data
requirements are compatible with the commitments and
obligations of the United States as a member of the World
Customs Organization (WCO) and the World Trade Organization
(WTO) for the entry and movement of cargo.
``(C) Coordination.--The Secretary shall be responsible for
coordinating operation of the ITDS among the participating
agencies and the office within the United States Customs and
Border Protection that is responsible for maintaining the
ITDS.
``(3) Interagency steering committee.--There is established
an Interagency Steering Committee (in this section, referred
to as the `Committee'). The members of the Committee shall
include the Secretary (who shall serve as the chairperson of
the Committee), the Director of the Office of Management and
Budget, and the head of each agency participating in the
ITDS. The Committee shall assist the Secretary in overseeing
the implementation of, and participation in, the ITDS.
``(4) Report.--The Committee shall submit a report before
the end of each fiscal year to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House
of Representatives. Each report shall include information
on--
``(A) the status of the ITDS implementation;
``(B) the extent of participation in the ITDS by Federal
agencies;
``(C) the remaining barriers to any agency's participation;
``(D) the consistency of the ITDS with applicable standards
established by the World Customs Organization and the World
Trade Organization;
``(E) recommendations for technological and other
improvements to the ITDS; and
``(F) the status of the development, implementation, and
management of the Automated Commercial Environment within the
United States Customs and Border Protection..''.

SEC. 405. IN-BOND CARGO.

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

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

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

SEC. 406. SENSE OF THE SENATE.

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

______

SA 4920. Mr. BURNS submitted an amendment intended to be proposed by
him to the bill H.R. 5385, making appropriations for the military
quality of life functions of the Department of Defense, military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2007, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

DEPARTMENT OF THE INTERIOR

For an additional amount for ``Wildland Fire Management''
under the heading ``DEPARTMENT OF THE INTERIOR'' of title I
of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2006 (Public Law 109-54),
$125,000,000 for the conduct of emergency wildfire
suppression activities of the Secretary of the Interior, to
be made available beginning on the date of enactment of this
Act and to remain available until expended: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of S. Con. Res.
83 (109th Congress), the concurrent resolution on the budget
for fiscal year 2007, as made applicable in the Senate by
section 7035 of Public Law 109-234.

DEPARTMENT OF AGRICULTURE

At the appropriate place, insert the following:

TITLE --NATIONAL ALERT SYSTEM

SECTION --100. TABLE OF CONTENTS.

The table of contents for this title is as follows:

Sec. --100. Table of contents.

Title --National Alert System

Sec. --101. Short title.
Sec. --102. National Alert System.
Sec. --103. Implementation and use.
Sec. --104. Coordination with existing public alert systems and
authority.
Sec. --105. National Alert Office.
Sec. --106. National Alert System Working Group.
Sec. --107. Research and development.
Sec. --108. Grant program for remote community alert systems.
Sec. --109. Public familiarization, outreach, and response
instructions.
Sec. --110. Essential services disaster assistance.
Sec. --111. Definitions.
Sec. --112. Existing interagency activities.
Sec. --113. Funding.

SEC. --101. SHORT TITLE.

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

SEC. --102. NATIONAL ALERT SYSTEM.

(a) Establishment.--There is established a National Alert
System to provide a public communications system capable of
alerting the public on a national, regional, or local basis
to emergency situations requiring a public response.
(b) Functions.--The National Alert System--
(1) will enable any Federal, State, tribal, or local
government official with credentials issued by the National
Alert Office under section --103 to alert the public to any
imminent threat that presents a significant risk of injury or
death to the public;
(2) will be coordinated with and supplement existing
Federal, State, tribal, and local emergency warning and alert
systems;
(3) will be flexible enough in its application to permit
narrowly targeted alerts in circumstances in which only a
small geographic area is exposed or potentially exposed to
the threat; and
(4) will transmit alerts across the greatest possible
variety of communications technologies, including digital and
analog broadcasts, cable and satellite television, satellite
and terrestrial radio, wireless communications, wireline
communications, and the Internet to reach the largest portion
of the affected population.
(c) Capabilities.--The National Alert System--
(1) shall incorporate multiple communications technologies
and be designed to adapt to, and incorporate, future
technologies for communicating directly with the public;
(2) shall include mechanisms and technologies to ensure
that members of the public with disabilities and older
individuals (as defined in section 102(35) of the Older
Americans Act of 1965 (42 U.S.C. 3002(35))) are able to
receive alerts and information provided through the National
Alert System;
(3) may not interfere with existing alert, warning,
priority access, or emergency communications systems employed
by Federal,

[[Page S9206]]

State, tribal, or local emergency response personnel and
shall incorporate existing emergency alert technologies,
including the NOAA All-Hazards Radio System, digital and
analog broadcast, cable, and satellite television and
satellite and terrestrial radio;
(4) shall not be based upon any single technology or
platform, but shall be designed to provide alerts to the
largest portion of the affected population feasible and
improve the ability of remote areas to receive alerts;
(5) shall incorporate technologies to alert effectively
underserved communities (as determined by the Commission
under section --108(a) of this title);
(6) when technologically feasible shall be capable of
providing information in languages other than, and in
addition to, English where necessary or appropriate; and
(7) shall be designed to promote local and regional public
and private partnerships to enhance community preparedness
and response.
(d) Reception of Alerts.--The National Alert System shall--
(1) utilize multiple technologies for providing alerts to
the public, including technologies that do not require
members of the public to activate a particular device or use
a particular technology to receive an alert provided via the
National Alert System; and
(2) provide redundant alert mechanisms where practicable so
as to reach the greatest number of people regardless of
whether they have access to, or utilize, any specific medium
of communication or any particular device.
(e) Emergency Alert System.--Within 1 year after the date
of enactment of this Act, the Federal Communications
Commission shall--
(1) ensure the President, Secretary of Homeland Security,
and State Governors have access to the emergency alert
system; and
(2) ensure that the Emergency Alert System can transmit in
languages other than English.

SEC. --103. IMPLEMENTATION AND USE.

(a) Authority To Access System.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the National Alert Office shall
establish a process for issuing credentials to Federal,
State, tribal, or local government officials with
responsibility for issuing safety warnings to the public that
will enable them to access the National Alert System. The
Office shall approve or disapprove a request for credentials
within 60 days of request by the Federal department or
agency, the governor of the State or the elected leader of a
federally recognized Indian tribe.
(2) Requests for credentials.--Requests for credentials
from Federal, State, tribal, and local government agencies
shall be submitted to the Office by the head of the Federal
department or agency, or the governor of the State or the
elected leader of a Federally recognized Indian tribe,
concerned, for review and approval.
(3) Scope and Limitations of Credentials.--The Office
shall--
(A) establish eligibility criteria for issuing, renewing,
and revoking access credentials;
(B) limit credentials to appropriate geographic areas or
political jurisdictions; and
(C) ensure that the credentials permit use of the National
Alert System only for alerts that are consistent with the
jurisdiction, authority, and basis for eligibility of the
individual to whom the credentials are issued to use the
National Alert System.
(4) Periodic training.--The Office shall--
(A) establish a periodic training program for Federal,
State, tribal, or local government officials with credentials
to use the National Alert System; and
(B) require such officials to undergo periodic training
under the program as a prerequisite for retaining their
credentials to use the system.
(b) Allowable Alerts.--
(1) In general.--Any alert transmitted via the National
Alert System, other than an alert described in paragraph (3),
shall meet 1 or more of the following requirements:
(A) An alert shall notify the public of a hazardous
situation that poses an imminent threat to the public health
or safety.
(B) An alert shall provide appropriate instructions for
actions to be taken by individuals affected or potentially
affected by such a situation.
(C) An alert shall advise individuals of public addresses
by Federal, State, tribal, or local officials when related to
a significant threat to public safety and transmit such
addresses when practicable and technically feasible.
(D) An alert shall notify the public of when the hazardous
situation has ended or has been brought under control.
(2) Event eligibility regulations.--The director of the
National Alert Office, in consultation with the Working
Group, shall by regulation specify--
(A) the classes of events or situations for which the
National Alert System may be used to alert the public; and
(B) the content of the types of alerts that may be
transmitted by or through use of the National Alert System,
which may include--
(i) notifications to the public of a hazardous situation
that poses an imminent threat to the public health or safety
accompanied by appropriate instructions for actions to be
taken by individuals affected or potentially affected by such
a situation; and
(ii) when technologically feasible public addresses by
Federal, State, tribal, or local officials related to a
significant threat to public safety.
(3) Opt-in procedures for optional alerts.--The director of
the Office may establish a procedure under which licensees
who elect to participate in the National Alert System as
described in paragraph (d), may transmit localized traffic,
weather, community, or other non-emergency alerts via the
National Alert System in a manner that enables them to be
received only by individuals who take appropriate action to
receive such alerts.
(c) Access Points.--The National Alert System shall
provide--
(1) secure, widely dispersed multiple access points to
Federal, State, or local government officials with
credentials that will enable them to initiate alerts for
transmission to the public via the National Alert System; and
(2) system redundancies to ensure functionality in the
event of partial system failures, power failures, or other
interruptive events.
(d) Election To Carry Service.--
(1) Amendment of license.--Within 60 days after the date on
which the National Alert Office adopts relevant technical
standards based on recommendations of the Working Group, the
Federal Communications Commission shall initiate a proceeding
and subsequently issue an order--
(A) to allow any licensee providing commercial mobile
service (as defined in section 332(d)(1) of the
Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit
National Alert System alerts to all subscribers to, or users
of, such service; and
(B) to require any such licensee who elects under paragraph
(2) not to participate in the transmission of National Alert
System alerts, to provide clear and conspicuous notice at the
point of sale of any devices with which its service is
included, that it will not transmit National Alert System
alerts via its service.
(2) Election to carry service.--
(A) In general.--Within 30 days after the Commission issues
its order under paragraph (1), each such licensee shall file
an election with the Commission with respect to whether or
not it intends to participate in the transmission of National
Alert System alerts.
(B) Participation.--If a licensee elects to participate in
the transmission of National Alert System alerts, the
licensee shall certify to the Commission that it will
participate in a manner consistent with the standards and
protocols implemented by the National Alert Office.
(C) Advertising.--Nothing in this title shall be construed
to prevent a licensee from advertising that it participates
in the transmission of National Alert System alerts.
(D) Withdrawal from or later entry into system.--The
Commission shall establish a procedure--
(i) for a participating licensee to withdraw from the
National Alert System upon notification of its withdrawal to
its existing subscribers;
(ii) for a licensee to enter the National Alert System at a
date later than provided in subparagraph (A); and
(iii) under which a subscriber may terminate a subscription
to service provided by a licensee that withdraws from the
National Alert System without penalty or early termination
fee.
(E) Consumer choice technology.--Any licensee electing to
participate in the transmission of National Alert System
alerts may offer subscribers the capability of preventing the
subscriber's device from receiving alerts broadcast by the
system other than an alert issued by the President.
(3) Expansion of class of licensees participating.--The
Commission, in consultation with the National Alert Office,
may expand the class of licensees allowed to participate in
the transmission of National Alert System alerts subject to
such requirements as the Commission, in consultation with the
National Alert Office, determines to be necessary or
appropriate--
(A) to ensure the broadest feasible propagation of alerts
transmitted by the National Alert System to the public; and
(B) to ensure that the functionality, integrity, and
security of the National Alert System is not compromised.
(e) Digital Television Transmission Towers.--
(1) Retransmission capability.--Within 30 days after the
date on which the National Alert Office adopts relevant
technical standards based on recommendations of the Working
Group, the Federal Communications Commission shall initiate a
proceeding to require public broadcast television licensees
and permittees to install necessary equipment and
technologies on, or as part of, any broadcast television
digital signal transmitter to enable the transmitter to serve
as a backbone for the reception, relay, and retransmission of
National Alert System alerts.
(2) Compensation.--The National Alert Office established by
section --105 shall compensate any such licensee or permittee
for costs incurred in complying with the requirements imposed
pursuant to paragraph (1).
(f) FCC Regulation of Compliance.--Except as provided in
subsections (d) and (e), the Federal Communications
Commission shall have no regulatory authority under this
title except to regulate compliance with this title by
licensees and permittees regulated by the Commission under
the Communications Act of 1934 (47 U.S.C. 151 et seq.).

[[Page S9207]]

(g) Limitation of Liability.--Any person that participates
in the transmission of National Alert System alerts and that
meets its obligations under this title shall not be liable to
any subscriber to, or user of, such person's service or
equipment for--
(1) any act or omission related to or any harm resulting
from the transmission of, or failure to transmit, a National
Alert System alert to such subscriber or user;
(2) for the release to a government agency or entity,
public safety, fire service, law enforcement official, or
emergency facility of subscriber information used in
connection with delivering an alert; or
(3) the licensee's or provider's withdrawal from or
election not to participate in the National Alert System.
(h) Testing.--The director shall establish testing criteria
and guidelines for licensees that elect to participate in the
transmission of National Alert System alerts.

SEC. --104. COORDINATION WITH EXISTING PUBLIC ALERT SYSTEMS
AND AUTHORITY.

(a) Existing Federal Warning System Coordination.--The
director shall work with the Federal Communications
Commission and other relevant Federal agencies to ensure that
the National Alert System--
(1) complements, rather than duplicates, existing Federal
alert systems; and
(2) obtains the maximum benefit possible from the
utilization of existing research and development,
technologies, and processes developed for or utilized by
existing Federal alert systems.
(b) Existing Alert Authority.--Nothing in this title shall
be construed--
(1) to interfere with the authority of a Federal, State, or
local government official under any other provision of law to
transmit public alerts via the NOAA All-Hazards Radio System,
digital and analog broadcast, cable, and satellite television
and satellite and terrestrial radio, or any other emergency
alert system in existence on the date of enactment of this
Act;
(2) to require alerts transmitted under the authority
described in paragraph (1) to comply with any standard
established pursuant to section --103; or
(3) to require any Federal, State, or local government
official to obtain credentials or undergo training under this
title before transmitting alerts under the authority
described in paragraph (1).

SEC. --105. NATIONAL ALERT OFFICE.

(a) Establishment.--
(1) In general.--The National Alert Office is established
within the Department of Homeland Security.
(2) Director.--The office shall be headed by a director
with at least 5 years' operational experience in the
management and issuance of warnings and alerts, hazardous
event management, or disaster planning. The Director shall
serve under and report to the Secretary of Homeland Security
or his designee.
(3) Staff.--The office shall have a staff with significant
technical expertise in the communications industry and
emergency public communications. The director may request the
detailing, with or without reimbursement, of staff from any
appropriate Federal department or agency in order to ensure
that the concerns of all such departments and agencies are
incorporated into the daily operation of the National Alert
System.
(b) Functions and Responsibilities.--
(1) In general.--The Office shall administer, operate, and
manage the National Alert System.
(2) Implementation of working group recommendations.--The
Office shall be responsible for implementing the
recommendations of the Working Group established by section
--106 regarding--
(A) the technical transmission of alerts;
(B) the incorporation of new technologies into the National
Alert System;
(C) the technical capabilities of the National Alert
System; and
(D) any other matters that fall within the duties of the
Working Group.
(3) Transmission of Alerts.--In administering the National
Alert System, the director of the National Alert Office shall
ensure that--
(A) the National Alert System is available to, and enables,
only Federal, State, tribal, or local government officials
with credentials issued by the National Alert Office under
section --103 to access and utilize the National Alert
System;
(B) the National Alert System is capable of providing
geographically targeted alerts where such alerts are
appropriate;
(C) the legitimacy and authenticity of any proffered alert
is verified before it is transmitted;
(D) each proffered alert complies with formats, protocols,
and other requirements established by the Office to ensure
the efficacy and usefulness of alerts transmitted via the
National Alert System;
(E) the security and integrity of a National Alert System
alert from the point of origination to delivery is
maintained; and
(F) the security and integrity of the National Alert System
is maintained and protected.
(c) Reports.--
(1) Annual reports.--The director shall submit an annual
report to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Homeland Security and
Governmental Affairs, the House of Representatives Committee
on Homeland Security, the House of Representatives Committee
on Energy and Commerce, the House of Representatives
Committee on Science, and the House of Representatives
Committee on Transportation and Infrastructure on the status
of, and plans for, the National Alert System. In the first
annual report, the director shall report on--
(A) the progress made toward operational activation of the
alerting capabilities of the National Alert System; and
(B) the anticipated date on which the National Alert System
will be available for utilization by Federal, State, and
local officials.
(2) 5-year plan.--Within 1 year after the date of enactment
of this Act and every 5 years thereafter, the director shall
publish a 5-year plan that outlines future capabilities and
communications platforms for the National Alert System. The
plan shall serve as the long-term planning document for the
Office.
(d) GAO Audits.--
(1) In general.--The Comptroller General shall audit the
National Alert Office every 3 years after the date of
enactment of this Act and periodically thereafter and
transmit the findings thereof to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee
on Homeland Security and Governmental Affairs, the House of
Representatives Committee on Homeland Security, the House of
Representatives Committee on Energy and Commerce, the House
of Representatives Committee on Science, and the House of
Representatives Committee on Transportation and
Infrastructure.
(2) Response report.--If, as a result of the audit, the
Comptroller General expresses concern about any matter
addressed by the audit, the director of the National Alert
Office shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee
on Homeland Security and Governmental Affairs, the House of
Representatives Committee on Homeland Security, the House of
Representatives Committee on Energy and Commerce, the House
of Representatives Committee on Science, and the House of
Representatives Committee on Transportation and
Infrastructure describing what action, if any, the director
is taking to respond to any such concern.

SEC. --106. NATIONAL ALERT SYSTEM WORKING GROUP.

(a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the director of the National Alert
Office shall establish a working group, to be known as the
National Alert System Working Group.
(b) Membership.--
(1) Appointment; chair.--The director shall appoint the
members of the Working Group as soon as practicable after the
date of enactment of this Act and shall serve as its chair.
In appointing members of the Working Group, the director
shall ensure that the number of members appointed under
paragraph (5) provides appropriate and adequate
representation for all stakeholders and interested and
affected parties.
(2) Federal agency representatives.--Appropriate personnel
from the National Institute of Standards and Technology, the
National Oceanic and Atmospheric Administration, the Federal
Communications Commission, the Federal Emergency Management
Agency, the Nuclear Regulatory Commission, the Department of
Justice, the National Communications System, the Department
of Homeland Security's Preparedness Directorate, the United
States Postal Service, and other appropriate Federal agencies
shall serve as members of the Working Group.
(3) State and local government representatives.--The
director shall appoint representatives of State and local
governments and representatives of emergency services
personnel, selected from among individuals nominated by
national organizations representing such governments and
personnel, to serve as members of the Working Group.
(4) Tribal governments.--The director shall appoint
representatives from Federally recognized Indian tribes and
National Indian organizations.
(5) Subject matter experts..--The director shall appoint
individuals who have the requisite technical knowledge and
expertise to serve on the Working Group in the fulfillment of
its duties, including representatives of--
(A) communications service providers;
(B) vendors, developers, and manufacturers of systems,
facilities; equipment, and capabilities for the provision of
communications services;
(C) third-party service bureaus;
(D) technical experts from the broadcasting industry;
(E) the national organization representing the licensees
and permittees of noncommercial broadcast television
stations;
(F) national organizations representing individuals with
special needs; and
(G) other individuals with technical expertise that would
enhance the National Alert System.
(c) Duties of the Working Group.--
(1) Development of system-critical recommendations.--Within
1 year after the date of enactment of this Act, the Working
Group shall develop and transmit to the National Alert Office
recommendations for--
(A) protocols, including formats, source or originator
identification, threat severity, hazard description, and
response requirements or recommendations, for alerts to be

[[Page S9208]]

transmitted via the National Alert System that ensures that
alerts are capable of being utilized across the broadest
variety of communication technologies, at National, State,
and local levels;
(B) procedures for verifying, initiating, modifying, and
canceling alerts transmitted via the National Alert System;
(C) guidelines for the technical capabilities of the
National Alert System;
(D) guidelines for technical capability that provides for
the priority transmission of National Alert System alerts;
(E) guidelines for other capabilities of the National Alert
System as specified in this title;
(F) standards for equipment and technologies used by the
National Alert System;
(G) guidelines for the transmission of National System
Alerts in languages in addition to English, to the extent
practicable; and
(H) guidelines for incorporating the National Alert System
into comprehensive emergency planning standards for public
alert and notification and emergency public communications.
(2) Integration of emergency and national alert systems.--
The Working Group shall work with the operators of nuclear
power plants and other critical infrastructure facilities to
integrate emergency alert systems for those facilities with
the National Alert System.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Working
Group shall take place not later than 60 days after the date
of the enactment of this Act.
(2) Other meetings.--After the initial meeting, the Working
Group shall meet at the call of the chair.
(3) Notice; open meetings.--Any meetings held by the
Working Group shall be duly noticed at least 14 days in
advance and shall be open to the public.
(e) Resources.--
(1) Federal agencies.--The Working Group shall have
reasonable access to--
(A) materials, resources, data, and other information from
the National Institute of Standards and Technology, the
Department of Commerce and its agencies, the Department of
Homeland Security and its bureaus, and the Federal
Communications Commission; and
(B) the facilities of any such agency for purposes of
conducting meetings.
(2) Gifts and grants.--The Working Group may accept, use,
and dispose of gifts or grants of services or property, both
real and personal, for purposes of aiding or facilitating the
work of the Working Group. Gifts or grants not used at the
expiration of the Working Group shall be returned to the
donor or grantor.
(f) Rules.--
(1) Quorum.--One-third of the members of the Working Group
shall constitute a quorum for conducting business of the
Working Group.
(2) Subcommittees.--To assist the Working Group in carrying
out its functions, the chair may establish appropriate
subcommittees composed of members of the Working Group and
other subject matter experts as deemed necessary.
(3) Additional rules.--The Working Group may adopt other
rules as needed.
(g) Federal Advisory Committee Act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order,
or regulation promulgated under that Act shall apply to the
Working Group.

SEC. --107. RESEARCH AND DEVELOPMENT.

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

SEC. --108. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.

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

SEC. --109. PUBLIC FAMILIARIZATION, OUTREACH, AND RESPONSE
INSTRUCTIONS.

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

SEC. --110. ESSENTIAL SERVICES DISASTER ASSISTANCE.

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

``SEC. 425. ESSENTIAL SERVICE PROVIDERS.

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

SEC. --111. DEFINITIONS.

In this title:
(1) Director.--The term ``director'' means the director of
the National Alert Office.
(2) Office.--The term ``Office'' means the National Alert
Office established by section --105.
(3) National alert system.--The term ``National Alert
System'' means the National Alert System established by
section --102.
(4) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(5) Non-commercial sustaining announcement program.--The
term ``Non-Commercial Sustaining Announcement Program'' means
a radio and television campaign conducted for the benefit of
a nonprofit organization or government agency using unsold
commercial air time donated by participating broadcast
stations for use in such campaigns, and for which the
campaign's sponsoring organization or agency funds the cost
of underwriting programs that serve the public convenience,
interest, and necessity, as described in section 307 of the
Communications Act of 1934 (47 U.S.C. 307).
(6) Working group.--The term ``Working Group'' means the
National Alert System Working Group on the established under
section --106.

SEC. --112. EXISTING INTERAGENCY ACTIVITIES.

Nothing in this title shall be construed to require the
termination of existing interagency programs or activities,
or cooperative or consultative arrangements, related to

[[Page S9209]]

the provision of notice or information to the public about
emergency situations that may require a public response.

SEC. --113. FUNDING.

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

____________________

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September 7, 2006 - Issue: Vol. 152, No. 109 — Daily Edition109th Congress (2005 - 2006) - 2nd Session

TEXT OF AMENDMENTS; Congressional Record Vol. 152, No. 109 (Senate - September 07, 2006)

Text available as:

TEXT OF AMENDMENTS; Congressional Record Vol. 152, No. 109
(Senate - September 07, 2006)