[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4954 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
September 14, 2006.
Resolved, That the bill from the House of Representatives (H.R.
4954) entitled ``An Act to improve maritime and cargo security through
enhanced layered defenses, and for other purposes.'', do pass with the
following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Port Security
Improvement Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SECURITY OF UNITED STATES SEAPORTS
Subtitle A--General Provisions
Sec. 101. Area Maritime Transportation Security Plan to include salvage
response plan.
Sec. 102. Requirements relating to maritime facility security plans.
Sec. 103. Unannounced inspections of maritime facilities.
Sec. 104. Transportation security card.
Sec. 105. Prohibition of issuance of transportation security cards to
convicted felons.
Sec. 106. Long-range vessel tracking.
Sec. 107. Establishment of interagency operational centers for port
security.
Sec. 108. Notice of Arrival for foreign vessels on the outer
Continental Shelf.
Subtitle B--Port Security Grants; Training and Exercise Programs
Sec. 111. Port Security Grants.
Sec. 112. Port Security Training Program.
Sec. 113. Port Security Exercise Program.
Subtitle C--Port Operations
Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Port Security user fee study.
Sec. 123. Inspection of car ferries entering from Canada.
Sec. 124. Random searches of containers.
Sec. 125. Work stoppages and employee-employer disputes.
Sec. 126. Threat assessment screening of port truck drivers.
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Subtitle A--General Provisions
Sec. 201. Strategic plan to enhance the security of the international
supply chain.
Sec. 202. Post incident resumption of trade.
Sec. 203. Automated Targeting System.
Sec. 204. Container security standards and procedures.
Sec. 205. Container Security Initiative.
Subtitle B--Customs-Trade Partnership Against Terrorism
Sec. 211. Establishment.
Sec. 212. Eligible entities.
Sec. 213. Minimum requirements.
Sec. 214. Tier 1 participants in C-TPAT.
Sec. 215. Tier 2 participants in C-TPAT.
Sec. 216. Tier 3 participants in C-TPAT.
Sec. 217. Consequences for lack of compliance.
Sec. 218. Revalidation.
Sec. 219. Noncontainerized cargo.
Sec. 220. C-TPAT Program management.
Sec. 221. Resource management staffing plan.
Sec. 222. Additional personnel.
Sec. 223. Authorization of appropriations.
Sec. 224. Report to Congress.
Subtitle C--Miscellaneous Provisions
Sec. 231. Pilot integrated scanning system.
Sec. 232. International cooperation and coordination.
Sec. 233. Screening and scanning of cargo containers.
Sec. 234. International Ship and Port Facility Security Code.
Sec. 235. Cargo screening.
TITLE III--ADMINISTRATION
Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology
Advisory Committee.
Sec. 303. Research, development, test, and evaluation efforts in
furtherance of maritime and cargo security.
Sec. 304. Cobra fees.
Sec. 305. Establishment of competitive research program.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
Sec. 401. Office of International Trade.
Sec. 402. Resources.
Sec. 403. Negotiations.
Sec. 404. International Trade Data System.
Sec. 405. In-bond cargo.
Sec. 406. Sense of the Senate.
Sec. 407. Foreign ownership of ports.
TITLE V--RAIL SECURITY ACT OF 2006
Sec. 501. Short title.
Sec. 502. Rail transportation security risk assessment.
Sec. 503. Rail security.
Sec. 504. Study of foreign rail transport security programs.
Sec. 505. Passenger, baggage, and cargo screening.
Sec. 506. Certain personnel limitations not to apply.
Sec. 507. Fire and life-safety improvements.
Sec. 508. Memorandum of agreement.
Sec. 509. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 510. Systemwide Amtrak security upgrades.
Sec. 511. Freight and passenger rail security upgrades.
Sec. 512. Oversight and grant procedures.
Sec. 513. Rail security research and development.
Sec. 514. Welded rail and tank car safety improvements.
Sec. 515. Northern border rail passenger report.
Sec. 516. Report regarding impact on security of train travel in
communities without grade separation.
Sec. 517. Whistleblower protection program.
Sec. 518. Rail worker security training program.
Sec. 519. High hazard material security threat mitigation plans.
Sec. 520. Public awareness.
Sec. 521. Railroad high hazard material tracking.
TITLE VI--NATIONAL ALERT SYSTEM
Sec. 601. Short title.
Sec. 602. National Alert System.
Sec. 603. Implementation and use.
Sec. 604. Coordination with existing public alert systems and
authority.
Sec. 605. National Alert Office.
Sec. 606. National Alert System Working Group.
Sec. 607. Research and development.
Sec. 608. Grant program for remote community alert systems.
Sec. 609. Public familiarization, outreach, and response instructions.
Sec. 610. Essential services disaster assistance.
Sec. 611. Definitions.
Sec. 612. Savings clause.
Sec. 613. Funding.
TITLE VII--MASS TRANSIT SECURITY
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Security assessments.
Sec. 704. Security assistance grants.
Sec. 705. Intelligence sharing.
Sec. 706. Research, development, and demonstration grants and
contracts.
Sec. 707. Reporting requirements.
Sec. 708. Authorization of appropriations.
Sec. 709. Sunset provision.
TITLE VIII--DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 801. Establishment of Domestic Nuclear Detection Office.
Sec. 802. Technology research and development investment strategy for
nuclear and radiological detection.
TITLE IX--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
Sec. 901. Short title.
Sec. 902. Hazardous materials highway routing.
Sec. 903. Motor carrier high hazard material tracking.
Sec. 904. Hazardous materials security inspections and enforcement.
Sec. 905. Truck security assessment.
Sec. 906. National public sector response system.
Sec. 907. Over-the-road bus security assistance.
Sec. 908. Pipeline security and incident recovery plan.
Sec. 909. Pipeline security inspections and enforcement.
Sec. 910. Technical corrections.
TITLE X--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY
Sec. 1001. Short title.
Sec. 1002. Emergency service.
Sec. 1003. Enforcement.
Sec. 1004. Migration to IP-enabled emergency network.
Sec. 1005. Definitions.
TITLE XI--OTHER MATTERS
Sec. 1101. Certain TSA personnel limitations not to apply.
Sec. 1102. Rural Policing Institute.
Sec. 1103. Evacuation in emergencies.
Sec. 1104. Protection of health and safety during disasters.
Sec. 1105. Pilot Program to extend certain commercial operations.
Sec. 1106. Security plan for Essential Air Service airports.
Sec. 1107. Disclosures regarding homeland security grants.
Sec. 1108. Inclusion of the Transportation Technology Center in the
National Domestic Preparedness Consortium.
Sec. 1109. Trucking security.
Sec. 1110. Extension of requirement for air carriers to honor tickets
for suspended air passenger service.
Sec. 1111. Man-Portable Air Defense Systems.
Sec. 1112. Air and Marine Operations of the Northern Border Air Wing.
Sec. 1113. Study to identify redundant background records checks.
Sec. 1114. Phase-out of vessels supporting oil and gas development.
Sec. 1115. Coast Guard property in Portland, Maine.
Sec. 1116. Methamphetamine and methamphetamine precursor chemicals.
Sec. 1117. Aircraft charter customer and lessee prescreening program.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
otherwise defined, the term ``appropriate congressional
committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Appropriations of the House of
Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on Transportation and
Infrastructure of the House of Representatives; and
(H) the Committee on Ways and Means of the House of
Representatives.
(2) Commercial seaport personnel.--The term ``commercial
seaport personnel'' means any person engaged in an activity
relating to the loading or unloading of cargo, the movement or
tracking of cargo, the maintenance and repair of intermodal
equipment, the operation of cargo-related equipment (whether or
not integral to the vessel), and the handling of mooring lines
on the dock when a vessel is made fast or let go, in the United
States or the coastal waters of the United States.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for the United States Customs and
Border Protection in the Department of Homeland Security.
(4) Container.--The term ``container'' has the meaning
given the term in the International Convention for Safe
Containers, with annexes, done at Geneva, December 2, 1972 (29
UST 3707).
(5) Container security device.--The term ``container
security device'' means a device, or system, designed, at a
minimum, to identify positively a container, to detect and
record the unauthorized intrusion of a container, and to secure
a container against tampering throughout the supply chain. Such
a device, or system, shall have a low false alarm rate as
determined by the Secretary.
(6) Department.--The term ``Department'' means the
Department of Homeland Security.
(7) Examination.--The term ``examination'' means an
inspection of cargo to detect the presence of misdeclared,
restricted, or prohibited items that utilizes nonintrusive
imaging and detection technology.
(8) Inspection.--The term ``inspection'' means the
comprehensive process used by the United States Customs and
Border Protection to assess goods entering the United States to
appraise them for duty purposes, to detect the presence of
restricted or prohibited items, and to ensure compliance with
all applicable laws. The process may include screening,
conducting an examination, or conducting a search.
(9) International supply chain.--The term ``international
supply chain'' means the end-to-end process for shipping goods
to or from the United States from a point of origin (including
manufacturer, supplier, or vendor) through a point of
distribution.
(10) Radiation detection equipment.--The term ``radiation
detection equipment'' means any technology that is capable of
detecting or identifying nuclear and radiological material or
nuclear and radiological explosive devices.
(11) Scan.--The term ``scan'' means utilizing nonintrusive
imaging equipment, radiation detection equipment, or both, to
capture data, including images of a container.
(12) Screening.--The term ``screening'' means a visual or
automated review of information about goods, including manifest
or entry documentation accompanying a shipment being imported
into the United States, to determine the presence of
misdeclared, restricted, or prohibited items and assess the
level of threat posed by such cargo.
(13) Search.--The term ``search'' means an intrusive
examination in which a container is opened and its contents are
devanned and visually inspected for the presence of
misdeclared, restricted, or prohibited items.
(14) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(15) Transportation disruption.--The term ``transportation
disruption'' means any significant delay, interruption, or
stoppage in the flow of trade caused by a natural disaster,
heightened threat level, an act of terrorism, or any
transportation security incident defined in section 70101(6) of
title 46, United States Code.
(16) Transportation security incident.--The term
``transportation security incident'' has the meaning given the
term in section 70101(6) of title 46, United States Code.
TITLE I--SECURITY OF UNITED STATES SEAPORTS
Subtitle A--General Provisions
SEC. 101. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE
RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' after the
semicolon;
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) include a salvage response plan--
``(i) to identify salvage equipment capable of
restoring operational trade capacity; and
``(ii) to ensure that the waterways are cleared and
the flow of commerce through United States ports is
reestablished as efficiently and quickly as possible
after a maritime transportation security incident;
and''.
SEC. 102. REQUIREMENTS RELATING TO MARITIME FACILITY SECURITY PLANS.
Section 70103(c) of title 46, United States Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (C)(ii), by striking
``facility'' and inserting ``facility, including access
by individuals engaged in the surface transportation of
intermodal containers in or out of a port facility'';
(B) in subparagraph (E), by striking ``describe
the'' and inserting ``provide a strategy and timeline
for conducting'';
(C) in subparagraph (F), by striking ``and'' at the
end;
(D) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(E) by adding at the end the following:
``(H) in the case of a security plan for a facility, be
resubmitted for approval of each change in the ownership or
operator of the facility that may substantially affect the
security of the facility.''; and
(2) by adding at the end the following:
``(8)(A) The Secretary shall require that the qualified individual
having full authority to implement security actions for a facility
described in paragraph (2) shall be a citizen of the United States.
``(B) The Secretary may waive the requirement of subparagraph (A)
with respect to an individual if the Secretary determines that it is
appropriate to do so based on a complete background check of the
individual and a review of all terrorist watch lists to ensure that the
individual is not identified on any such terrorist watch list.''.
SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.
Section 70103(c)(4)(D) of title 46, United States Code, is amended
to read as follows:
``(D) subject to the availability of appropriations, verify
the effectiveness of each such facility security plan
periodically, but not less than twice annually, at least 1 of
which shall be an inspection of the facility that is conducted
without notice to the facility.''.
SEC. 104. TRANSPORTATION SECURITY CARD.
(a) In General.--Section 70105 of title 46, United States, Code is
amended by adding at the end the following:
``(g) Applications for Merchant Mariner's Documents.--The Assistant
Secretary of Homeland Security for the Transportation Security
Administration and the Commandant of the Coast Guard shall concurrently
process an application from an individual for merchant mariner's
documents under chapter 73 of title 46, United States Code, and an
application from that individual for a transportation security card
under this section.
``(h) Fees.--The Secretary shall ensure that the fees charged each
individual obtaining a transportation security card under this section
who has passed a background check under section 5103a of title 49,
United States Code, and who has a current and valid hazardous materials
endorsement in accordance with section 1572 of title 49, Code of
Federal Regulations, and each individual with a current and valid
Merchant Mariner Document--
``(1) are for costs associated with the issuance,
production, and management of the transportation security card,
as determined by the Secretary; and
``(2) do not include costs associated with performing a
background check for that individual, unless the scope of said
background checks diverge.
``(i) Implementation Schedule.--In implementing the transportation
security card program under this section, the Secretary shall--
``(1) conduct a strategic risk analysis and establish a
priority for each United States port based on risk; and
``(2) implement the program, based upon risk and other
factors as determined by the Secretary, at all facilities
regulated under this chapter at--
``(A) the 10 United States ports that are deemed
top priority by the Secretary not later than July 1,
2007;
``(B) the 40 United States ports that are next in
order of priority to the ports described in
subparagraph (A) not later than January 1, 2008; and
``(C) all other United States ports not later than
January 1, 2009.
``(j) Transportation Security Card Processing Deadline.--Not later
than January 1, 2009, the Secretary shall process and issue or deny
each application for a transportation security card under this section
for individuals with current and valid merchant mariner's documents on
the date of enactment of the Port Security Improvement Act of 2006.
``(k) Vessel and Facility Card Reader Assessments.--
``(1) Pilot programs.--
``(A) Vessel pilot program.--The Secretary shall
conduct a pilot program in 3 distinct geographic
locations to assess the feasibility of implementing
card readers at secure areas of a vessel in accordance
with the Notice of Proposed Rulemaking released on May
22, 2006, (TSA-2006-24191; USCG-2006-24196).
``(B) Facilities pilot program.--In addition to the
pilot program described in subparagraph (A), the
Secretary shall conduct a pilot program in 3 distinct
geographic locations to assess the feasibility of
implementing card readers at secure areas of facilities
in a variety of environmental settings.
``(C) Coordination with transportation security
cards.--The pilot programs described in subparagraphs
(A) and (B) shall be conducted concurrently with the
issuance of the transportation security cards as
described in subsection (b), of this section, to ensure
card and card reader interoperability.
``(2) Duration.--The pilot program described in paragraph
(1) shall commence not later than 180 days after the date of
the enactment of the Port Security Improvement Act of 2006 and
shall terminate 1 year after commencement.
``(3) Report.--Not later than 90 days after the termination
of the pilot program described under subparagraph (1), the
Secretary shall submit a comprehensive report to the
appropriate congressional committees (as defined in section
2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))
that includes--
``(A) the actions that may be necessary to ensure
that all vessels and facilities to which this section
applies are able to comply with the regulations
promulgated under subsection (a);
``(B) recommendations concerning fees and a
statement of policy considerations for alternative
security plans; and
``(C) an analysis of the viability of equipment
under the extreme weather conditions of the marine
environment.
``(l) Progress Reports.--Not later than 6 months after the date of
the enactment of the Port Security Improvement Act 2006 and every 6
months thereafter until the requirements under this section are fully
implemented, the Secretary shall submit a report on progress being made
in implementing such requirements to the appropriate congressional
committees (as defined in section 2(2) of the Homeland Security Act of
2002 (6 U.S.C. 101(2)).''.
(b) Clarification of Eligibility for Transportation Security
Cards.--Section 70105(b)(2) of title 46, United States Code, is
amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E);
(2) by striking ``Secretary.'' in subparagraph (F) and
inserting ``Secretary; and''; and
(3) by adding at the end the following:
``(G) other individuals as determined appropriate
by the Secretary including individuals employed at a
port not otherwise covered by this subsection.''.
(c) Deadline for Section 70105 Regulations.--The Secretary shall
promulgate final regulations implementing section 70105 of title 46,
United States Code, no later than January 1, 2007. The regulations
shall include a background check process to enable newly hired workers
to begin working unless the Secretary makes an initial determination
that the worker poses a security risk. Such process shall include a
check against the consolidated and integrated terrorist watch list
maintained by the Federal Government.
SEC. 105. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
CONVICTED FELONS.
Section 70105 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the individual
poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal offenses.--
Except as provided under paragraph (2), an individual
is permanently disqualified from being issued a
transportation security card under subsection (b) if
the individual has been convicted, or found not guilty
by reason of insanity, in a civilian or military
jurisdiction of any of the following felonies:
``(i) Espionage or conspiracy to commit
espionage.
``(ii) Sedition or conspiracy to commit
sedition.
``(iii) Treason or conspiracy to commit
treason.
``(iv) A crime listed in chapter 113B of
title 18, a comparable State law, or conspiracy
to commit such crime.
``(v) A crime involving a transportation
security incident. In this clause, a
transportation security incident--
``(I) is a security incident
resulting in a significant loss of
life, environmental damage,
transportation system disruption, or
economic disruption in a particular
area (as defined in section 70101 of
title 46); and
``(II) does not include a work
stoppage or other nonviolent employee-
related action, resulting from an
employer-employee dispute.
``(vi) Improper transportation of a
hazardous material under section 5124 of title
49, or a comparable State law;.
``(vii) Unlawful possession, use, sale,
distribution, manufacture, purchase, receipt,
transfer, shipping, transporting, import,
export, storage of, or dealing in an explosive
or incendiary device (as defined in section
232(5) of title 18, explosive materials (as
defined in section 841(c) of title 18), or a
destructive device (as defined in 921(a)(4) of
title 18).
``(viii) Murder.
``(ix) Conspiracy or attempt to commit any
of the crimes described in clauses (v) through
(viii).
``(x) A violation of the Racketeer
Influenced and Corrupt Organizations Act (18
U.S.C. 1961 et seq.), or a comparable State
law, if 1 of the predicate acts found by a jury
or admitted by the defendant consists of 1 of
the offenses listed in clauses (iv) and (viii).
``(xi) Any other felony that the Secretary
determines to be a permanently disqualifying
criminal offense.
``(B) Interim disqualifying criminal offenses.--
Except as provided under paragraph (2), an individual
is disqualified from being issued a biometric
transportation security card under subsection (b) if
the individual has been convicted, or found not guilty
by reason of insanity, during the 7-year period ending
on the date on which the individual applies for such or
card, or was released from incarceration during the 5-
year period ending on the date on which the individual
applies for such a card, of any of the following
felonies:
``(i) Assault with intent to murder.
``(ii) Kidnapping or hostage taking.
``(iii) Rape or aggravated sexual abuse.
``(iv) Unlawful possession, use, sale,
manufacture, purchase, distribution, receipt,
transfer, shipping, transporting, delivery,
import, export of, or dealing in a firearm or
other weapon. In this clause, a firearm or
other weapon includes, but is not limited to--
``(I) firearms (as defined in
section 921(a)(3) of title 18); and
``(II) items contained on the
United States Munitions Import List
under 447.21 of title 27 Code of
Federal Regulations.
``(v) Extortion.
``(vi) Dishonesty, fraud, or
misrepresentation, including identity fraud.
``(vii) Bribery.
``(viii) Smuggling.
``(ix) Immigration violations.
``(x) A violation of the Racketeer
Influenced and Corrupt Organizations Act (18
U.S.C. 1961, et seq.) or a comparable State
law, other than a violation listed in
subparagraph (A)(x).
``(xi) Robbery.
``(xii) Distribution of, possession with
intent to distribute, or importation of a
controlled substance.
``(xiii) Arson.
``(xiv) Conspiracy or attempt to commit any
of the crimes in this subparagraph.
``(xv) Any other felony that the Secretary
determines to be a disqualifying criminal
offense under this subparagraph.
``(C) Other potential disqualifications.--Except as
provided under subparagraphs (A) and (B), an individual
may not be denied a transportation security card under
subsection (b) unless the Secretary determines that
individual--
``(i) has been convicted within the
preceding 7-year period of a felony or found
not guilty by reason of insanity of a felony--
``(I) that the Secretary believes
could cause the individual to be a
terrorism security risk to the United
States; or
``(II) for causing a severe
transportation security incident;
``(ii) has been released from incarceration
within the preceding 5-year period for
committing a felony described in clause (i);
``(iii) may be denied admission to the
United States or removed from the United States
under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.); or
``(iv) otherwise poses a terrorism security
risk to the United States.''.
SEC. 106. LONG-RANGE VESSEL TRACKING.
(a) Regulations.--Section 70115 of title 46, United States Code, is
amended in the first sentence by striking ``The Secretary'' and
inserting ``Not later than April 1, 2007, the Secretary''.
(b) Voluntary Program.--The Secretary may issue regulations to
establish a voluntary long-range automated vessel tracking system for
vessels described in section 70115 of title 46, United States Code,
during the period before regulations are issued under such section.
SEC. 107. ESTABLISHMENT OF INTERAGENCY OPERATIONAL CENTERS FOR PORT
SECURITY.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended by inserting after section 70107 the following:
``Sec. 70107A. Interagency operational centers for port security
``(a) In General.--The Secretary shall establish interagency
operational centers for port security at all high-priority ports not
later than 3 years after the date of the enactment of the Port Security
Improvement Act of 2006.
``(b) Characteristics.--The interagency operational centers
established under this section shall--
``(1) utilize, as appropriate, the compositional and
operational characteristics of centers, including--
``(A) the pilot project interagency operational
centers for port security in Miami, Florida; Norfolk/
Hampton Roads, Virginia; Charleston, South Carolina;
San Diego, California; and
``(B) the virtual operation center of the Port of
New York and New Jersey;
``(2) be organized to fit the security needs, requirements,
and resources of the individual port area at which each is
operating;
``(3) provide, as the Secretary determines appropriate, for
participation by representatives of the United States Customs
and Border Protection, the Transportation Security
Administration, the Department of Justice, the Department of
Defense, and other Federal agencies, State and local law
enforcement or port security personnel, members of the Area
Maritime Security Committee, and other public and private
sector stakeholders adversely affected by a transportation
security incident or transportation disruption; and
``(4) be incorporated in the implementation and
administration of--
``(A) maritime transportation security plans
developed under section 70103;
``(B) maritime intelligence activities under
section 70113 and information sharing activities
consistent with section 1016 of the National Security
Intelligence Reform Act of 2004 (6 U.S.C. 485) and the
Homeland Security Information Sharing Act (6 U.S.C. 481
et seq.);
``(C) short and long range vessel tracking under
sections 70114 and 70115;
``(D) protocols under section 201(b)(10) of the
Port Security Improvement Act of 2006;
``(E) the transportation security incident response
plans required by section 70104; and
``(F) other activities, as determined by the
Secretary.
``(c) Security Clearances.--The Secretary shall sponsor and
expedite individuals participating in interagency operational centers
in gaining or maintaining their security clearances. Through the
Captain of the Port, the Secretary may identify key individuals who
should participate. The port or other entities may appeal to the
Captain of the Port for sponsorship.''.
(b) 2005 Act Report Requirement.--Nothing in this section or the
amendments made by this section relieves the Commandant of the Coast
Guard from complying with the requirements of section 807 of the Coast
Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118
Stat. 1082). The Commandant shall utilize the information developed in
making the report required by that section in carrying out the
requirements of this section.
(c) Budget and Cost-Sharing Analysis.--Not later than 180 days
after the date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a proposed budget analysis
for implementing section 70107A of title 46, United States Code, as
added by subsection (a), including cost-sharing arrangements with other
Federal departments and agencies involved in the interagency operation
of the centers to be established under such section.
(d) Clerical Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by inserting after the item
relating to section 70107 the following:
``70107A. Interagency operational centers for port security.''.
SEC. 108. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE OUTER
CONTINENTAL SHELF.
(a) Notice of Arrival.--Not later than 180 days after the date of
the enactment of this Act, the Secretary is directed to update and
finalize its rulemaking on Notice of Arrival for foreign vessels on the
outer Continental Shelf.
(b) Content of Regulations.--The regulations promulgated pursuant
to paragraph (1) shall be consistent with information required under
the Notice of Arrival under section 160.206 of title 33, Code of
Federal Regulations, as in effect on the date of the enactment of this
Act.
Subtitle B--Port Security Grants; Training and Exercise Programs
SEC. 111. PORT SECURITY GRANTS.
(a) Basis for Grants.--Section 70107(a) of title 46, United States
Code, is amended by striking ``for making a fair and equitable
allocation of funds'' and inserting ``for the allocation of funds based
on risk''.
(b) Risk Management Plan.--
(1) In general.--Under the direction of the Commandant of
the Coast Guard, each Area Maritime Security Committee shall
develop a Port Wide Risk Management Plan that includes--
(A) security goals and objectives, supported by a
risk assessment and an evaluation of alternatives;
(B) a management selection process; and
(C) active monitoring to measure effectiveness.
(2) Risk assessment tool.--The Secretary of the Department
in which the Coast Guard is operating, shall make available,
and Area Maritime Security Committees shall use, a risk
assessment tool that uses standardized risk criteria, such as
the Maritime Security Risk Assessment Tool used by the Coast
Guard, to develop the Port Wide Risk Management Plan.
(c) Multiple-Year Projects, Etc.--Section 70107 of title 46, United
States Code, is amended by redesignating subsections (e), (f), (g),
(h), and (i) as subsections (i), (j), (k), (l), and (m), respectively,
and by inserting after subsection (d) the following:
``(e) Multiple-Year Projects.--
``(1) Letters of intent.--The Secretary may execute letters
of intent to commit funding to such authorities, operators, and
agencies.
``(2) Limitation.--Not more than 20 percent of the grant
funds awarded under this subsection in any fiscal year may be
awarded for projects that span multiple years.
``(f) Consistency With Plans.--The Secretary shall ensure that each
grant awarded under subsection (e)--
``(1) is used to supplement and support, in a consistent
and coordinated manner, the applicable Area Maritime
Transportation Security Plan;
``(2) is coordinated with any applicable State or Urban
Area Homeland Security Plan; and
``(3) is consistent with the Port Wide Risk Management Plan
developed under section 111(b) of the Port Security Improvement
Act of 2006.
``(g) Applications.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a grant
under this subsection, at such time, in such form, and containing such
information and assurances as the Secretary, working through the
Directorate for Preparedness, may require.
``(h) Reports.--Not later than 180 days after the date of the
enactment of the Port Security Improvement Act of 2006, the Secretary,
acting through the Commandant of the Coast Guard, shall submit a report
to Congress, in a secure format, describing the methodology used to
allocate port security grant funds on the basis of risk.''.
(d) Authorization of Appropriations.--Subsection (l) of section
70107 of title 46, United States Code, as redesignated by subsection
(b) is amended to read as follows:
``(l) Authorization of Appropriations.--There are authorized to be
appropriated $400,000,000 for each of the fiscal years 2007 through
2011 to carry out this section.''.
(e) Basis for Grants.--Section 70107(a) of title 46, United States
Code, is amended by inserting ``, energy'' between ``national
economic'' and ``and strategic defense concerns.''.
(f) Container Scanning Technology Grant Program.--
(1) Nuclear and radiological detection devices.--Section
70107(m)(1)(C) of title 46, United States Code, as redesignated
by subsection (b), is amended by inserting ``, underwater or
water surface devices, devices that can be mounted on cranes
and straddle cars used to move cargo within ports, and scanning
and imaging technology'' before the semicolon at the end.
(2) Use of funds.--Amounts appropriated pursuant to this
section shall be used for grants to be awarded in a competitive
process to public or private entities for the purpose of
researching and developing nuclear and radiological detection
equipment described in section 70107(m)(1)(C) of title 46,
United States Code, as amended by this section.
(3) Authorization of appropriations.--There are authorized
to be appropriated a total of $70,000,000 for fiscal years 2008
through 2009 for the purpose of researching and developing
nuclear and radiological detection equipment described in
section 70107(m)(1)(C) of title 46, United States Code, as
amended by this section.
SEC. 112. PORT SECURITY TRAINING PROGRAM.
(a) In General.--The Secretary, acting through the Under Secretary
for Preparedness and in coordination with the Commandant of the Coast
Guard, shall establish a Port Security Training Program (referred to in
this section as the ``Program'') for the purpose of enhancing the
capabilities of each of the commercial seaports of the United States to
prevent, prepare for, respond to, mitigate against, and recover from
threatened or actual acts of terrorism, natural disasters, and other
emergencies.
(b) Requirements.--The Program shall provide validated training
that--
(1) reaches multiple disciplines, including Federal, State,
and local government officials, commercial seaport personnel
and management, and governmental and nongovernmental emergency
response providers;
(2) provides training at the awareness, performance, and
management and planning levels;
(3) utilizes multiple training mediums and methods;
(4) addresses port security topics, including--
(A) seaport security plans and procedures,
including how security plans and procedures are
adjusted when threat levels increase;
(B) seaport security force operations and
management;
(C) physical security and access control at
seaports;
(D) methods of security for preventing and
countering cargo theft;
(E) container security;
(F) recognition and detection of weapons, dangerous
substances, and devices;
(G) operation and maintenance of security equipment
and systems;
(H) security threats and patterns;
(I) security incident procedures, including
procedures for communicating with governmental and
nongovernmental emergency response providers; and
(J) evacuation procedures;
(5) is consistent with, and supports implementation of, the
National Incident Management System, the National Response
Plan, the National Infrastructure Protection Plan, the National
Preparedness Guidance, the National Preparedness Goal, the
National Maritime Transportation Security Plan, and other such
national initiatives;
(6) is evaluated against clear and consistent performance
measures;
(7) addresses security requirements under facility security
plans; and
(8) educates, trains, and involves populations of at-risk
neighborhoods around ports, including training on an annual
basis for neighborhoods to learn what to be watchful for in
order to be a ``citizen corps'', if necessary.
(c) Training Partners.--In developing and delivering training under
the Program, the Secretary, in coordination with the Maritime
Administration of the Department of Transportation, and consistent with
section 109 of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70101 note), shall--
(1) work with government training facilities, academic
institutions, private organizations, employee organizations,
and other entities that provide specialized, state-of-the-art
training for governmental and non-governmental emergency
responder providers or commercial seaport personnel and
management; and
(2) utilize, as appropriate, government training
facilities, courses provided by community colleges, public
safety academies, State and private universities, and other
facilities.
SEC. 113. PORT SECURITY EXERCISE PROGRAM.
(a) In General.--The Secretary, acting through the Under Secretary
for Preparedness and in coordination with the Commandant of the Coast
Guard, may establish a Port Security Exercise Program (referred to in
this section as the ``Program'') for the purpose of testing and
evaluating the capabilities of Federal, State, local, and foreign
governments, commercial seaport personnel and management, governmental
and nongovernmental emergency response providers, the private sector,
or any other organization or entity, as the Secretary determines to be
appropriate, to prevent, prepare for, mitigate against, respond to, and
recover from acts of terrorism, natural disasters, and other
emergencies at commercial seaports.
(b) Requirements.--The Secretary shall ensure that the Program--
(1) conducts, on a periodic basis, port security exercises
at commercial seaports that are--
(A) scaled and tailored to the needs of each port;
(B) live, in the case of the most at-risk ports;
(C) as realistic as practicable and based on
current risk assessments, including credible threats,
vulnerabilities, and consequences;
(D) consistent with the National Incident
Management System, the National Response Plan, the
National Infrastructure Protection Plan, the National
Preparedness Guidance, the National Preparedness Goal,
the National Maritime Transportation Security Plan, and
other such national initiatives;
(E) evaluated against clear and consistent
performance measures;
(F) assessed to learn best practices, which shall
be shared with appropriate Federal, State, and local
officials, seaport personnel and management,
governmental and nongovernmental emergency response
providers, and the private sector; and
(G) followed by remedial action in response to
lessons learned; and
(2) assists State and local governments and commercial
seaports in designing, implementing, and evaluating exercises
that--
(A) conform to the requirements of paragraph (1);
and
(B) are consistent with any applicable Area
Maritime Transportation Security Plan and State or
Urban Area Homeland Security Plan.
(c) Improvement Plan.--The Secretary shall establish a port
security improvement plan process to--
(1) identify and analyze each port security exercise for
lessons learned and best practices;
(2) disseminate lessons learned and best practices to
participants in the Program;
(3) monitor the implementation of lessons learned and best
practices by participants in the Program; and
(4) conduct remedial action tracking and long-term trend
analysis.
Subtitle C--Port Operations
SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) Examining Containers.--Not later than December 31, 2007, all
containers entering the United States through the busiest 22 seaports
of entry shall be examined for radiation.
(b) Strategy.--The Secretary shall develop a strategy for the
deployment of radiation detection capabilities that includes--
(1) a risk-based prioritization of ports of entry at which
radiation detection equipment will be deployed;
(2) a proposed timeline of when radiation detection
equipment will be deployed at each port of entry identified
under paragraph (1);
(3) the type of equipment to be used at each port of entry
identified under paragraph (1), including the joint deployment
and utilization of radiation detection equipment and
nonintrusive imaging equipment;
(4) standard operating procedures for examining containers
with such equipment, including sensor alarming, networking, and
communications and response protocols;
(5) operator training plans;
(6) an evaluation of the environmental health and safety
impacts of nonintrusive imaging technology;
(7) the policy of the Department for using nonintrusive
imagining equipment in tandem with radiation detection
equipment; and
(8) a classified annex that--
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of ports
of entry identified under paragraph (1).
(c) Report.--Not later than 90 days after the date of the enactment
of this Act, the Secretary shall submit the strategy developed under
subsection (b) to the appropriate congressional committees.
(d) Update.--Not later than 180 days after the date of the
enactment of this Act, the Secretary may update the strategy submitted
under subsection (c) to provide a more complete evaluation under
subsection (b)(6).
(e) Other Weapons of Mass Destruction Threats.--Not later than 180
days after the date of the enactment of this Act, the Secretary shall
submit a strategy for the development of equipment to detect chemical,
biological, and other weapons of mass destruction at all ports of entry
into the United States to the appropriate congressional committees.
(f) Standards.--The Secretary, in conjunction with the National
Institute of Standards and Technology, shall publish technical
capability standards and recommended standard operating procedures for
the use of nonintrusive imaging and radiation detection equipment in
the United States. Such standards and procedures--
(1) should take into account relevant standards and
procedures utilized by other Federal departments or agencies as
well as those developed by international bodies; and
(2) shall not be designed so as to endorse specific
companies or create sovereignty conflicts with participating
countries.
(g) Implementation.--Not later than 3 years after the date of the
enactment of this Act, the Secretary shall fully implement the strategy
developed under subsection (b).
(h) Expansion To Other United States Ports of Entry.--
(1) In general.--As soon as practicable after--
(A) implementation of the program for the
examination of containers for radiation at ports of
entry described in subsection (a), and
(B) submission of the strategy developed under
subsection (b) (and updating, if any, of that strategy
under subsection (c)),
but no later than December 31, 2008, the Secretary shall expand
the strategy developed under subsection (b), in a manner
consistent with the requirements of subsection (b), to provide
for the deployment of radiation detection capabilities at all
other United States ports of entry not covered by the strategy
developed under subsection (b).
(2) Risk assessment.--In expanding the strategy under
paragraph (1), the Secretary shall identify and assess the
risks to those other ports of entry in order to determine what
equipment and practices will best mitigate the risks.
(i) Intermodal Rail Radiation Detection Test Center.--
(1) Establishment.--In accordance with subsection (b), and
in order to comply with this section, the Secretary shall
establish Intermodal Rail Radiation Detection Test Centers
(referred to in this subsection as the ``Test Centers'').
(2) Projects.--The Secretary shall conduct multiple,
concurrent projects at the Test Center to rapidly identify and
test concepts specific to the challenges posed by on-dock rail.
(3) Location.--The Test Centers shall be located within
public port facilities which have a significant portion of the
containerized cargo directly laden from (or unladen to) on-
dock, intermodal rail, including at least one public port
facility at which more than 50 percent of the containerized
cargo is directly laden from (or unladen to) on-dock,
intermodal rail.
SEC. 122. PORT SECURITY USER FEE STUDY.
The Secretary shall conduct a study of the need for, and
feasibility of, establishing a system of oceanborne and port-related
transportation user fees that may be imposed and collected as a
dedicated revenue source, on a temporary or continuing basis, to
provide necessary funding for legitimate improvements to, and
maintenance of, port security. Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that contains--
(1) the results of the study;
(2) an assessment of the annual amount of customs fees and
duties collected through oceanborne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improve and maintain security;
(3)(A) an assessment of the fees, charges, and standards
imposed on United States ports, port terminal operators,
shippers, and persons who use United States ports, compared
with the fees and charges imposed on ports and port terminal
operators in Canada and Mexico and persons who use those
foreign ports; and
(B) an assessment of the impact on the competitiveness of
United States ports, port terminal operators, and shippers; and
(4) the Secretary's recommendations based upon the study,
and an assessment of the consistency of such recommendations
with the international obligations and commitments of the
United States.
SEC. 123. INSPECTION OF CAR FERRIES ENTERING FROM ABROAD.
Not later than 120 days after the date of the enactment of this
Act, the Secretary, acting through the Commissioner, and in
coordination with the Secretary of State and in cooperation with ferry
operators and appropriate foreign government officials, shall seek to
develop a plan for the inspection of passengers and vehicles before
such passengers board, or such vehicles are loaded onto, a ferry bound
for a United States seaport.
SEC. 124. RANDOM SEARCHES OF CONTAINERS.
Not later than 1 year after the date of the enactment of this Act,
the Secretary, acting through the Commissioner, shall develop and
implement a plan, utilizing best practices for empirical scientific
research design and random sampling, to conduct random searches of
containers in addition to any targeted or preshipment inspection of
such containers required by law or regulation or conducted under any
other program conducted by the Secretary. Nothing in this section shall
be construed to mean that implementation of the random sampling plan
precludes additional searches of containers not inspected pursuant to
the plan.
SEC. 125. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.
Section 70101(6) of title 46, United States Code, is amended by
adding at the end the following: ``In this paragraph, the term
`economic disruption' does not include a work stoppage or other
nonviolent employee-related action not related to terrorism and
resulting from an employee-employer dispute.''.
SEC. 126. THREAT ASSESSMENT SCREENING OF PORT TRUCK DRIVERS.
Subject to the availability of appropriations, within 90 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall implement a threat assessment screening, including name-based
checks against terrorist watch lists and immigration status check, for
all port truck drivers that is the same as the threat assessment
screening required for facility employees and longshoremen by the
Commandant of the Coast Guard under Coast Guard Notice USCG-2006-24189
(Federal Register, Vol. 71, No. 82, Friday, April 28, 2006).
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Subtitle A--General Provisions
SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE INTERNATIONAL
SUPPLY CHAIN.
(a) Strategic Plan.--The Secretary, in consultation with
appropriate Federal, State, local, and tribal government agencies and
private-sector stakeholders responsible for security matters that
affect or relate to the movement of containers through the
international supply chain, shall develop, implement, and update, as
appropriate, a strategic plan to enhance the security of the
international supply chain.
(b) Requirements.--The strategic plan required under subsection (a)
shall--
(1) describe the roles, responsibilities, and authorities
of Federal, State, local, and tribal government agencies and
private-sector stakeholders that relate to the security of the
movement of containers through the international supply chain;
(2) identify and address gaps and unnecessary overlaps in
the roles, responsibilities, or authorities described in
paragraph (1);
(3) identify and make recommendations regarding
legislative, regulatory, and organizational changes necessary
to improve coordination among the entities or to enhance the
security of the international supply chain;
(4) provide measurable goals, including objectives,
mechanisms, and a schedule, for furthering the security of
commercial operations from point of origin to point of
destination;
(5) build on available resources and consider costs and
benefits;
(6) provide incentives for additional voluntary measures to
enhance cargo security, as determined by the Commissioner;
(7) consider the impact of supply chain security
requirements on small and medium size companies;
(8) include a process for sharing intelligence and
information with private-sector stakeholders to assist in their
security efforts;
(9) identify a framework for prudent and measured response
in the event of a transportation security incident involving
the international supply chain;
(10) provide protocols for the expeditious resumption of
the flow of trade in accordance with section 202, including--
(A) the identification of the appropriate initial
incident commander, if the Commandant of the Coast
Guard is not the appropriate initial incident
commander, and lead departments, agencies, or offices
to execute such protocols;
(B) a plan to redeploy resources and personnel, as
necessary, to reestablish the flow of trade in the
event of a transportation disruption; and
(C) a plan to provide training for the periodic
instruction of personnel of the United States Customs
and Border Protection in trade resumption functions and
responsibilities following a transportation disruption;
(11) consider the linkages between supply chain security
and security programs within other systems of movement,
including travel security and terrorism finance programs; and
(12) expand upon and relate to existing strategies and
plans, including the National Response Plan, National Maritime
Transportation Security Plan, and the 8 supporting plans of the
Strategy, as required by Homeland Security Presidential
Directive 13.
(c) Consultation.--In developing protocols under subsection
(b)(10), the Secretary shall consult with Federal, State, local, and
private sector stakeholders, including the National Maritime Security
Advisory Committee and the Commercial Operations Advisory Committee.
(d) Communication.--To the extent practicable, the strategic plan
developed under subsection (a) shall provide for coordination with, and
lines of communication among, appropriate Federal, State, local, and
private-sector stakeholders on law enforcement actions, intermodal
rerouting plans, and other strategic infrastructure issues resulting
from a transportation security incident or transportation disruption.
(e) Utilization of Advisory Committees.--As part of the
consultations described in subsection (a), the Secretary shall, to the
extent practicable, utilize the Homeland Security Advisory Committee,
the National Maritime Security Advisory Committee, and the Commercial
Operations Advisory Committee to review, as necessary, the draft
strategic plan and any subsequent updates to the strategic plan.
(f) International Standards and Practices.--In furtherance of the
strategic plan required under subsection (a), the Secretary is
encouraged to consider proposed or established standards and practices
of foreign governments and international organizations, including the
International Maritime Organization, the World Customs Organization,
and the International Organization for Standardization, as appropriate,
to establish standards and best practices for the security of
containers moving through the international supply chain.
(g) Report.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report that contains the
strategic plan required by subsection (a).
(2) Final report.--Not later than 3 years after the date on
which the strategic plan is submitted under paragraph (1), the
Secretary shall submit a report to the appropriate
congressional committees that contains an update of the
strategic plan.
SEC. 202. POST INCIDENT RESUMPTION OF TRADE.
(a) In General.--Except as otherwise determined by the Secretary,
in the event of a maritime transportation disruption or a maritime
transportation security incident, the initial incident commander and
the lead department, agency, or office for carrying out the strategic
plan required under section 201 shall be determined by the protocols
required under section 201(b)(10).
(b) Vessels.--The Commandant of the Coast Guard shall, to the
extent practicable and consistent with the protocols and plans required
under paragraphs (10) and (12) of section 201(b), ensure the safe and
secure transit of vessels to ports in the United States after a
maritime transportation security incident, with priority given to
vessels carrying cargo determined by the President to be critical for
response and recovery from such a disruption or incident, and to
vessels that--
(1) have either a vessel security plan approved under
section 70103(c) of title 46, United States Code, or a valid
international ship security certificate, as provided under part
104 of title 33, Code of Federal Regulations;
(2) are manned by individuals who are described in section
70105(b)(2)(B) of title 46, United States Code, and who--
(A) have undergone a background records check under
section 70105(d) of title 46, United States Code; or
(B) hold a transportation security card issued
under section 70105 of title 46, United States Code;
and
(3) are operated by validated participants in the Customs-
Trade Partnership Against Terrorism program.
(c) Cargo.--Consistent with the protocols and plans required under
paragraphs (10) and (12) of section 201(b), the Commissioner shall give
preference to cargo--
(1) entering a port of entry directly from a foreign
seaport designated under the Container Security Initiative;
(2) determined by the President to be critical for response
and recovery;
(3) that has been handled by a validated C-TPAT
participant; or
(4) that has undergone (A) a nuclear or radiological
detection scan, (B) an x-ray, density or other imaging scan,
and (C) an optical recognition scan, at the last port of
departure prior to arrival in the United States, which data has
been evaluated and analyzed by United States Customs and Border
Protection personnel.
(d) Coordination.--The Secretary shall ensure that there is
appropriate coordination among the Commandant of the Coast Guard, the
Commissioner, and other Federal officials following a maritime
disruption or maritime transportation security incident in order to
provide for the resumption of trade.
(e) Communication.--Consistent with section 201 of this Act, the
Commandant of the Coast Guard, Commissioner, and other appropriate
Federal officials, shall promptly communicate any revised procedures or
instructions intended for the private sector following a maritime
disruption or maritime transportation security incident.
SEC. 203. AUTOMATED TARGETING SYSTEM.
(a) In General.--The Secretary, acting through the Commissioner,
shall--
(1) identify and seek the submission of data related to the
movement of a shipment of cargo through the international
supply chain; and
(2) analyze the data described in paragraph (1) to identify
high-risk cargo for inspection.
(b) Consideration.--The Secretary, acting through the Commissioner,
shall--
(1) consider the cost, benefit, and feasibility of--
(A) requiring additional nonmanifest documentation;
(B) reducing the time period allowed by law for
revisions to a container cargo manifest;
(C) reducing the time period allowed by law for
submission of certain elements of entry data, for
vessel or cargo; and
(D) such other actions the Secretary considers
beneficial for improving the information relied upon
for the Automated Targeting System and any successor
targeting system in furthering the security and
integrity of the international supply chain; and
(2) consult with stakeholders, including the Commercial
Operations Advisory Committee, and identify to them the need
for such information, and the appropriate timing of its
submission.
(c) Determination.--Upon the completion of the process under
subsection (b), the Secretary, acting through the Commissioner, may
require importers to submit certain elements of non-manifest or other
data about a shipment bound for the United States not later than 24
hours before loading a container on a vessel at a foreign port bound
for the United States.
(d) System Improvements.--The Secretary, acting through the
Commissioner, shall--
(1) conduct, through an independent panel, a review of the
effectiveness and capabilities of the Automated Targeting
System;
(2) consider future iterations of the Automated Targeting
System;
(3) ensure that the Automated Targeting System has the
capability to electronically compare manifest and other
available data for cargo entered into or bound for the United
States to detect any significant anomalies between such data
and facilitate the resolution of such anomalies; and
(4) ensure that the Automated Targeting System has the
capability to electronically identify, compile, and compare
select data elements for cargo entered into or bound for the
United States following a maritime transportation security
incident, in order to efficiently identify cargo for increased
inspection or expeditious release.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the United States Customs and Border Protection in the
Department of Homeland Security to carry out the Automated
Targeting System for identifying high-risk oceanborne container
cargo for inspection--
(A) $33,200,000 for fiscal year 2008;
(B) $35,700,000 for fiscal year 2009; and
(C) $37,485,000 for fiscal year 2010.
(2) Supplement for other funds.--The amounts authorized by
this subsection shall be in addition to any other amount
authorized to be appropriated to carry out the Automated
Targeting System.
SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.
(a) Establishment.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary shall initiate a
rulemaking proceeding to establish minimum standards and
procedures for securing containers in transit to an importer in
the United States.
(2) Interim rule.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall issue an
interim final rule pursuant to the proceeding described in
paragraph (1).
(3) Missed deadline.--If the Secretary is unable to meet
the deadline established pursuant to paragraph (2), the
Secretary shall transmit a letter to the appropriate
congressional committees explaining why the Secretary is unable
to meet that deadline and describing what must be done before
such minimum standards and procedures can be established.
(b) Review and Enhancement.--The Secretary shall regularly review
and enhance the standards and procedures established pursuant to
subsection (a).
(c) International Cargo Security Standards.--The Secretary, in
consultation with the Secretary of State, the Secretary of Energy, and
other government officials, as appropriate, and with the Commercial
Operations Advisory Committee, the Homeland Security Advisory
Committee, and the National Maritime Security Advisory Committee, is
encouraged to promote and establish international standards for the
security of containers moving through the international supply chain
with foreign governments and international organizations, including the
International Maritime Organization and the World Customs Organization.
SEC. 205. CONTAINER SECURITY INITIATIVE.
(a) Establishment.--The Secretary, acting through the Commissioner,
shall establish and implement a program (referred to in this section as
the ``Container Security Initiative'') to identify and examine or
search maritime containers that pose a security risk before loading
such containers in a foreign port for shipment to the United States,
either directly or through a foreign port.
(b) Assessment.--The Secretary, acting through the Commissioner,
may designate foreign seaports to participate in the Container Security
Initiative after the Secretary has assessed the costs, benefits, and
other factors associated with such designation, including--
(1) the level of risk for the potential compromise of
containers by terrorists, or other threats as determined by the
Secretary;
(2) the volume and value of cargo being imported to the
United States directly from, or being transshipped through, the
foreign seaport;
(3) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;
(4) the commitment of the government of the country in
which the foreign seaport is located to cooperate with the
Department to carry out the Container Security Initiative; and
(5) the potential for validation of security practices at
the foreign seaport by the Department.
(c) Notification.--The Secretary shall notify the appropriate
congressional committees of the designation of a foreign port under the
Container Security Initiative or the revocation of such a designation
before notifying the public of such designation or revocation.
(d) Negotiations.--The Secretary, in cooperation with the Secretary
of State and in consultation with the United States Trade
Representative, may enter into negotiations with the government of each
foreign nation in which a seaport is designated under the Container
Security Initiative to ensure full compliance with the requirements
under the Container Security Initiative.
(e) Overseas Inspections.--The Secretary shall establish minimum
technical capability criteria and standard operating procedures for the
use of nonintrusive imaging and radiation detection equipment in
conjunction with the Container Security Initiative and shall monitor
operations at foreign seaports designated under the Container Security
Initiative to ensure the use of such criteria and procedures. Such
criteria and procedures--
(1) shall be consistent with relevant standards and
procedures utilized by other Federal departments or agencies,
or developed by international bodies if the United States
consents to such standards and procedures;
(2) shall not apply to activities conducted under the
Megaports Initiative of the Department of Energy;
(3) shall not be designed to endorse the product or
technology of any specific company or to conflict with the
sovereignty of a country in which a foreign seaport designated
under the Container Security Initiative is located; and
(4) shall be applied to the equipment operated at each
foreign seaport designated under the Container Security
Initiative, except as provided under paragraph (2).
(f) Savings Provision.--The authority of the Secretary under this
section shall not affect any authority or duplicate any efforts or
responsibilities of the Federal Government with respect to the
deployment of radiation detection equipment outside of the United
States.
(g) Coordination.--The Secretary shall coordinate with the
Secretary of Energy to--
(1) provide radiation detection equipment required to
support the Container Security Initiative through the
Department of Energy's Second Line of Defense and Megaports
programs; or
(2) work with the private sector to obtain radiation
detection equipment that meets both the Department's and the
Department of Energy's technical specifications for such
equipment.
(h) Staffing.--The Secretary shall develop a human capital
management plan to determine adequate staffing levels in the United
States and in foreign seaports including, as appropriate, the remote
location of personnel in countries in which foreign seaports are
designated under the Container Security Initiative.
(i) Annual Discussions.--The Secretary, in coordination with the
appropriate Federal officials, shall hold annual discussions with
foreign governments of countries in which foreign seaports designated
under the Container Security Initiative are located regarding best
practices, technical assistance, training needs, and technological
developments that will assist in ensuring the efficient and secure
movement of international cargo.
(j) Lesser Risk Port.--The Secretary, acting through the
Commissioner, may treat cargo loaded in a foreign seaport designated
under the Container Security Initiative as presenting a lesser risk
than similar cargo loaded in a foreign seaport that is not designated
under the Container Security Initiative, for the purpose of clearing
such cargo into the United States.
(k) Report.--
(1) In general.--Not later than September 30, 2007, the
Secretary, acting through the Commissioner, shall, in
consultation with other appropriate government officials and
the Commercial Operations Advisory Committee, submit a report
to the appropriate congressional committee on the effectiveness
of, and the need for any improvements to, the Container
Security Initiative. The report shall include--
(A) a description of the technical assistance
delivered to, as well as needed at, each designated
seaport;
(B) a description of the human capital management
plan at each designated seaport;
(C) a summary of the requests made by the United
States to foreign governments to conduct physical or
nonintrusive inspections of cargo at designated
seaports, and whether each such request was granted or
denied by the foreign government;
(D) an assessment of the effectiveness of
screening, scanning, and inspection protocols and
technologies utilized at designated seaports and the
effect on the flow of commerce at such seaports, as
well as any recommendations for improving the
effectiveness of screening, scanning, and inspection
protocols and technologies utilized at designated
seaports;
(E) a description and assessment of the outcome of
any security incident involving a foreign seaport
designated under the Container Security Initiative; and
(F) a summary and assessment of the aggregate
number and extent of trade compliance lapses at each
seaport designated under the Container Security
Initiative.
(2) Updated report.--Not later than September 30, 2010, the
Secretary, acting through the Commissioner, shall, in
consultation with other appropriate government officials and
the Commercial Operations Advisory Committee, submit an updated
report to the appropriate congressional committees on the
effectiveness of, and the need for any improvements to, the
Container Security Initiative. The updated report shall address
each of the elements required to be included in the report
provided for under paragraph (1).
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Customs and Border Protection in the
Department of Homeland Security to carry out the provisions of this
section--
(1) $144,000,000 for fiscal year 2008;
(2) $146,000,000 for fiscal year 2009; and
(3) $153,300,000 for fiscal year 2010.
Subtitle B--Customs-Trade Partnership Against Terrorism
SEC. 211. ESTABLISHMENT.
(a) Establishment.--The Secretary, acting through the Commissioner,
is authorized to establish a voluntary government-private sector
program (to be known as the ``Customs-Trade Partnership Against
Terrorism'' or ``C-TPAT'') to strengthen and improve the overall
security of the international supply chain and United States border
security, and to facilitate the movement of secure cargo through the
international supply chain, by providing benefits to participants
meeting or exceeding the program requirements. Participants in C-TPAT
shall include tier 1 participants, tier 2 participants, and tier 3
participants.
(b) Minimum Security Requirements.--The Secretary, acting through
the Commissioner, shall review the minimum security requirements of C-
TPAT at least once every year and update such requirements as
necessary.
SEC. 212. ELIGIBLE ENTITIES.
Importers, customs brokers, forwarders, air, sea, land carriers,
contract logistics providers, and other entities in the international
supply chain and intermodal transportation system are eligible to apply
to voluntarily enter into partnerships with the Department under C-
TPAT.
SEC. 213. MINIMUM REQUIREMENTS.
An applicant seeking to participate in C-TPAT shall--
(1) demonstrate a history of moving cargo in the
international supply chain;
(2) conduct an assessment of its supply chain based upon
security criteria established by the Secretary, acting through
the Commissioner, including--
(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;
(3) implement and maintain security measures and supply
chain security practices meeting security criteria established
by the Commissioner; and
(4) meet all other requirements established by the
Commissioner in consultation with the Commercial Operations
Advisory Committee.
SEC. 214. TIER 1 PARTICIPANTS IN C-TPAT.
(a) Benefits.--The Secretary, acting through the Commissioner,
shall offer limited benefits to a tier 1 participant who has been
certified in accordance with the guidelines referred to in subsection
(b). Such benefits may include a reduction in the score assigned
pursuant to the Automated Targeting System of not greater than 20
percent of the high risk threshold established by the Secretary.
(b) Guidelines.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, acting through the Commissioner,
shall update the guidelines for certifying a C-TPAT participant's
security measures and supply chain security practices under this
section. Such guidelines shall include a background investigation and
extensive documentation review.
(c) Time Frame.--To the extent practicable, the Secretary, acting
through the Commissioner, shall complete the tier 1 certification
process within 90 days of receipt of an application for participation
in C-TPAT.
SEC. 215. TIER 2 PARTICIPANTS IN C-TPAT.
(a) Validation.--The Secretary, acting through the Commissioner,
shall validate the security measures and supply chain security
practices of a tier 1 participant in accordance with the guidelines
referred to in subsection (c). Such validation shall include on-site
assessments at appropriate foreign locations utilized by the tier 1
participant in its supply chain and shall, to the extent practicable,
be completed not later than 1 year after certification as a tier 1
participant.
(b) Benefits.--The Secretary, acting through the Commissioner,
shall extend benefits to each C-TPAT participant that has been
validated as a tier 2 participant under this section, which may
include--
(1) reduced scores in the Automated Targeting System;
(2) reduced examinations of cargo; and
(3) priority searches of cargo.
(c) Guidelines.--Not later than 180 days after the date of the
enactment of this Act, the Secretary, acting through the Commissioner,
shall develop a schedule and update the guidelines for validating a
participant's security measures and supply chain security practices
under this section.
SEC. 216. TIER 3 PARTICIPANTS IN C-TPAT.
(a) In General.--The Secretary, acting through the Commissioner,
shall establish a third tier of C-TPAT participation that offers
additional benefits to participants who demonstrate a sustained
commitment to maintaining security measures and supply chain security
practices that exceed the guidelines established for validation as a
tier 2 participant in C-TPAT under section 215 of this Act.
(b) Criteria.--The Secretary, acting through the Commissioner,
shall designate criteria for validating a C-TPAT participant as a tier
3 participant under this section. Such criteria may include--
(1) compliance with any additional guidelines established
by the Secretary that exceed the guidelines established
pursuant to section 215 of this Act for validating a C-TPAT
participant as a tier 2 participant, particularly with respect
to controls over access to cargo throughout the supply chain;
(2) voluntary submission of additional information
regarding cargo prior to loading, as determined by the
Secretary;
(3) utilization of container security devices and
technologies that meet standards and criteria established by
the Secretary; and
(4) compliance with any other cargo requirements
established by the Secretary.
(c) Benefits.--The Secretary, acting through the Commissioner, in
consultation with the Commercial Operations Advisory Committee and the
National Maritime Security Advisory Committee, shall extend benefits to
each C-TPAT participant that has been validated as a tier 3 participant
under this section, which may include--
(1) the expedited release of a tier 3 participant's cargo
in destination ports within the United States during all threat
levels designated by the Secretary;
(2) in addition to the benefits available to tier 2
participants--
(A) further reduction in examinations of cargo;
(B) priority for examinations of cargo; and
(C) further reduction in the risk score assigned
pursuant to the Automated Targeting System;
(3) notification of specific alerts and post-incident
procedures to the extent such notification does not compromise
the security interests of the United States; and
(4) inclusion in joint incident management exercises, as
appropriate.
(d) Deadline.--Not later than 2 years after the date of the
enactment of this Act, the Secretary, acting through the Commissioner,
shall designate appropriate criteria pursuant to subsection (b) and
provide benefits to validated tier 3 participants pursuant to
subsection (c).
SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.
(a) In General.--If at any time a C-TPAT participant's security
measures and supply chain security practices fail to meet any of the
requirements under this subtitle, the Commissioner may deny the
participant benefits otherwise available under this subtitle, in whole
or in part.
(b) False or Misleading Information.--If a C-TPAT participant
knowingly provides false or misleading information to the Commissioner
during the validation process provided for under this subtitle, the
Commissioner shall suspend or expel the participant from C-TPAT for an
appropriate period of time. The Commissioner may publish in the Federal
Register a list of participants who have been suspended or expelled
from C-TPAT pursuant to this subsection, and may make such list
available to C-TPAT participants.
(c) Right of Appeal.--
(1) In general.--A C-TPAT participant may appeal a decision
of the Commissioner pursuant to subsection (a). Such appeal
shall be filed with the Secretary not later than 90 days after
the date of the decision, and the Secretary shall issue a
determination not later than 180 days after the appeal is
filed.
(2) Appeals of other decisions.--A C-TPAT participant may
appeal a decision of the Commissioner pursuant to subsection
(b). Such appeal shall be filed with the Secretary not later
than 30 days after the date of the decision, and the Secretary
shall issue a determination not later than 180 days after the
appeal is filed.
SEC. 218. REVALIDATION.
The Secretary, acting through the Commissioner, shall develop and
implement--
(1) a revalidation process for tier 2 and tier 3
participants;
(2) a framework based upon objective criteria for
identifying participants for periodic revalidation not less
frequently than once during each 5-year period following the
initial validation; and
(3) an annual plan for revalidation that includes--
(A) performance measures;
(B) an assessment of the personnel needed to
perform the revalidations; and
(C) the number of participants that will be
revalidated during the following year.
SEC. 219. NONCONTAINERIZED CARGO.
The Secretary, acting through the Commissioner, shall consider the
potential for participation in C-TPAT by importers of noncontainerized
cargoes that otherwise meet the requirements under this subtitle.
SEC. 220. C-TPAT PROGRAM MANAGEMENT.
(a) In General.--The Secretary, acting through the Commissioner,
shall establish sufficient internal quality controls and record
management to support the management systems of C-TPAT. In managing the
program, the Secretary shall ensure that the program includes:
(1) Strategic plan.--A 5-year plan to identify outcome-
based goals and performance measures of the program.
(2) Annual plan.--An annual plan for each fiscal year
designed to match available resources to the projected
workload.
(3) Standardized work program.--A standardized work program
to be used by agency personnel to carry out the certifications,
validations, and revalidations of participants. The Secretary
shall keep records and monitor staff hours associated with the
completion of each such review.
(b) Documentation of Reviews.--The Secretary, acting through the
Commissioner, shall maintain a record management system to document
determinations on the reviews of each C-TPAT participant, including
certifications, validations, and revalidations.
(c) Confidential Information Safeguards.--In consultation with the
Commercial Operations Advisory Committee, the Secretary, acting through
the Commissioner, shall develop and implement procedures to ensure the
protection of confidential data collected, stored, or shared with
government agencies or as part of the application, certification,
validation, and revalidation processes.
SEC. 221. RESOURCE MANAGEMENT STAFFING PLAN.
The Secretary, acting through the Commissioner, shall--
(1) develop a staffing plan to recruit and train staff
(including a formalized training program) to meet the
objectives identified in the strategic plan of the C-TPAT
program; and
(2) provide cross-training in post-incident trade
resumption for personnel who administer the C-TPAT program.
SEC. 222. ADDITIONAL PERSONNEL.
In each of the fiscal years 2007 through 2009, the Commissioner
shall increase by not less than 50 the number of full-time personnel
engaged in the validation and revalidation of C-TPAT participants (over
the number of such personnel on the last day of the previous fiscal
year), and shall provide appropriate training and support to such
additional personnel.
SEC. 223. AUTHORIZATION OF APPROPRIATIONS.
(a) C-TPAT.--There are authorized to be appropriated to the United
States Customs and Border Protection in the Department of Homeland
Security to carry out the provisions of sections 211 through 221 to
remain available until expended--
(1) $65,000,000 for fiscal year 2008;
(2) $72,000,000 for fiscal year 2009; and
(3) $75,600,000 for fiscal year 2010.
(b) Additional Personnel.--In addition to any monies hereafter
appropriated to the United States Customs and Border Protection in the
Department of Homeland Security, there are authorized to be
appropriated for the purpose of meeting the staffing requirement
provided for in section 222, to remain available until expended--
(1) $8,500,000 for fiscal year 2007;
(2) $17,600,000 for fiscal year 2008;
(3) $27,300,000 for fiscal year 2009;
(4) $28,300,000 for fiscal year 2010; and
(5) $29,200,000 for fiscal year 2011.
SEC. 224. REPORT TO CONGRESS.
In connection with the President's annual budget submission for the
Department of Homeland Security, the Secretary shall report to the
appropriate congressional committees on the progress made by the
Commissioner to certify, validate, and revalidate C-TPAT participants.
Such report shall be due on the same date that the President's budget
is submitted to the Congress.
Subtitle C--Miscellaneous Provisions
SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.
(a) Designations.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall designate 3 foreign seaports
through which containers pass or are transshipped to the United States
for the establishment of pilot integrated scanning systems that couple
nonintrusive imaging equipment and radiation detection equipment. In
making the designations under this paragraph, the Secretary shall
consider 3 distinct ports with unique features and differing levels of
trade volume.
(b) Collaboration and Cooperation.--
(1) In general.--The Secretary shall collaborate with the
Secretary of Energy and cooperate with the private sector and
the foreign government of each country in which a foreign
seaport is designated pursuant to subsection (a) to implement
the pilot systems.
(2) Coordination.--The Secretary shall coordinate with the
Secretary of Energy to--
(A) provide radiation detection equipment required
to support the pilot-integrated scanning system
established pursuant to subsection (a) through the
Department of Energy's Second Line of Defense and
Megaports programs; or
(B) work with the private sector to obtain
radiation detection equipment that meets both the
Department's and the Department of Energy's technical
specifications for such equipment.
(c) Implementation.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall achieve a full-scale
implementation of the pilot integrated screening system, which shall--
(1) scan all containers destined for the United States that
transit through the port;
(2) electronically transmit the images and information to
the container security initiative personnel in the host country
and customs personnel in the United States for evaluation and
analysis;
(3) resolve every radiation alarm according to established
Department procedures;
(4) utilize the information collected to enhance the
Automated Targeting System or other relevant programs; and
(5) store the information for later retrieval and analysis.
(d) Report.--Not later than 120 days after achieving full-scale
implementation under subsection (c), the Secretary, in consultation
with the Secretary of Energy and the Secretary of State, shall submit a
report to the appropriate congressional committees, that includes--
(1) an evaluation of the lessons derived from the pilot
system implemented under this subsection;
(2) an analysis of the efficacy of the Automated Targeting
System or other relevant programs in utilizing the images
captured to examine high-risk containers;
(3) an evaluation of software that is capable of
automatically identifying potential anomalies in scanned
containers;
(4) an analysis of the need and feasibility of expanding
the integrated scanning system to other container security
initiative ports, including--
(A) an analysis of the infrastructure requirements;
(B) a projection of the effect on current average
processing speed of containerized cargo;
(C) an evaluation of the scalability of the system
to meet both current and future forecasted trade flows;
(D) the ability of the system to automatically
maintain and catalog appropriate data for reference and
analysis in the event of a transportation disruption;
(E) an analysis of requirements to install and
maintain an integrated scanning system;
(F) the ability of administering personnel to
efficiently manage and utilize the data produced by a
non-intrusive scanning system;
(G) the ability to safeguard commercial data
generated by, or submitted to, a non-intrusive scanning
system; and
(H) an assessment of the reliability of currently
available technology to implement an integrated
scanning system.
(e) Implementation.--As soon as practicable and possible after the
date of enactment of this Act, an integrated scanning system shall be
implemented to scan all containers entering the United States prior to
arrival in the United States.
SEC. 232. INTERNATIONAL COOPERATION AND COORDINATION.
(a) Inspection Technology and Training.--
(1) In general.--The Secretary, in coordination with the
Secretary of State, the Secretary of Energy, and appropriate
representatives of other Federal agencies, may provide
technical assistance, equipment, and training to facilitate the
implementation of supply chain security measures at ports
designated under the Container Security Initiative and at other
foreign ports, as appropriate.
(2) Acquisition and training.--Unless otherwise prohibited
by law, the Secretary may--
(A) lease, loan, provide, or otherwise assist in
the deployment of nonintrusive inspection and handheld
radiation detection equipment at foreign land and sea
ports under such terms and conditions as the Secretary
prescribes, including nonreimbursable loans or the
transfer of ownership of equipment; and
(B) provide training and technical assistance for
domestic or foreign personnel responsible for operating
or maintaining such equipment.
(b) Actions and Assistance for Foreign Ports.--Section 70110 of
title 46, United States Code, is amended--
(1) by striking the section header and inserting the
following:
``Sec. 70110. Actions and assistance for foreign ports''
; and
(2) by adding at the end the following:
``(e) Assistance for Foreign Ports.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, and the
Secretary of Energy, shall identify foreign assistance programs
that could facilitate implementation of port security
antiterrorism measures in foreign countries. The Secretary
shall establish a program to utilize the programs that are
capable of implementing port security antiterrorism measures at
ports in foreign countries that the Secretary finds, under
section 70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the Coast
Guard, shall place particular emphasis on utilizing programs to
facilitate the implementation of port security antiterrorism
measures at the ports located in the Caribbean Basin, as such
ports pose unique security and safety threats to the United
States due to--
``(A) the strategic location of such ports between
South America and the United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of
narcotics to the United States that are moved through
such ports.''.
(c) Report on Security at Ports in the Caribbean Basin.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit a report to the appropriate
congressional committees on the security of ports in the
Caribbean Basin.
(2) Contents.--The report submitted under paragraph (1)--
(A) shall include--
(i) an assessment of the effectiveness of
the measures employed to improve security at
ports in the Caribbean Basin and
recommendations for any additional measures to
improve such security;
(ii) an estimate of the number of ports in
the Caribbean Basin that will not be secured by
January 1, 2007;
(iii) an estimate of the financial impact
in the United States of any action taken
pursuant to section 70110 of title 46, United
States Code, that affects trade between such
ports and the United States; and
(iv) an assessment of the additional
resources and program changes that are
necessary to maximize security at ports in the
Caribbean Basin; and
(B) may be submitted in both classified and
redacted formats.
(d) Clerical Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by striking the item relating
to section 70110 and inserting the following:
``70110. Actions and assistance for foreign ports.''.
SEC. 233. SCREENING AND SCANNING OF CARGO CONTAINERS.
(a) 100 Percent Screening of Cargo Containers and 100 Percent
Scanning of High-Risk Containers.--
(1) Screening of cargo containers.--The Secretary shall
ensure that 100 percent of the cargo containers entering the
United States through a seaport undergo a screening to identify
high-risk containers.
(2) Scanning of high-risk containers.--The Secretary shall
ensure that 100 percent of the containers that have been
identified as high-risk are scanned before such containers
leave a United States seaport facility.
(b) Full-Scale Implementation.--The Secretary, in coordination with
the Secretary of Energy and foreign partners, shall fully deploy
integrated scanning systems to scan all containers entering the United
States before such containers arrive in the United States as soon as
the Secretary determines that the integrated scanning system--
(1) meets the requirements set forth in section 231(c);
(2) has a sufficiently low false alarm rate for use in the
supply chain;
(3) is capable of being deployed and operated at ports
overseas;
(4) is capable of integrating, as necessary, with existing
systems;
(5) does not significantly impact trade capacity and flow
of cargo at foreign or United States ports; and
(6) provides an automated notification of questionable or
high-risk cargo as a trigger for further inspection by
appropriately trained personnel.
(c) Report.--Not later than 6 months after the submission of a
report under section 231(d), and every 6 months thereafter, the
Secretary shall submit a report to the appropriate congressional
committees describing the status of full-scale deployment under
subsection (b) and the cost of deploying the system at each foreign
port.
SEC. 234. INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE.
(a) Finding.--Congress finds that the Coast Guard, with existing
resources, is able to inspect foreign countries no more frequently than
on a 4 to 5 year cycle.
(b) In General.--
(1) Resources to complete initial inspections and
validation.--The Commandant of the Coast Guard shall increase
the resources dedicated to the International Port Inspection
Program and complete inspection of all foreign countries that
trade with the United States, including the validation of
compliance of such countries with the International Ship and
Port Facility Security Code, not later than December 31, 2008.
If the Commandant of the Coast Guard is unable to meet this
objective, the Commandant of the Coast Guard shall report to
Congress on the resources needed to meet the objective.
(2) Reinspection and validation.--The Commandant of the
Coast Guard shall maintain the personnel and resources
necessary to maintain a schedule of re-inspection of foreign
countries every 2 years under the International Port Inspection
Program.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Coast Guard such sums as are necessary to carry out
the provisions of this section, subject to the availability of
appropriations.
SEC. 235. CARGO SCREENING.
(a) Radiation Risk Reduction.--
(1) Safety protocols.--Immediately upon passage of this
Act, the Secretary, in consultation with the Secretary of Labor
and the Director of the National Institute of Occupational
Safety and Health at the Centers for Disease Control, shall
develop and implement protocols to protect the safety of port
workers and the general public.
(2) Publication.--The protocols developed under paragraph
(1) shall be--
(A) published and made available for public
comment; and
(B) designed to reduce the short- and long-term
exposure of worker and the public to the lowest levels
feasible.
(3) Report.--Not later than 1 year after the implementation
of protocols under paragraph (1), the Council of the National
Academy of Sciences and Director of the National Institute of
Occupational Safety and Health shall each submit a report to
Congress that includes--
(A) information regarding the exposure of workers
and the public and the possible risk to their health
and safety, if any, posed by these screening
procedures; and
(B) any recommendations for modification of the
cargo screening protocols to reduce exposure to
ionizing or non-ionizing radiation to the lowest levels
feasible.
(b) Government Responsibility.--Any employer of an employee who has
an illness or injury for which exposure to ionizing or non-ionizing
radiation from port cargo screening procedures required under Federal
law is a contributing cause may seek, and shall receive, full
reimbursement from the Federal Government for additional costs
associated with such illness or injury, including costs incurred by the
employer under the Longshore and Harbor Workers' Compensation Act (33
U.S.C. 901 et seq.), State workers' compensation laws, or other
equivalent programs.
TITLE III--ADMINISTRATION
SEC. 301. OFFICE OF CARGO SECURITY POLICY.
(a) Establishment.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 431. OFFICE OF CARGO SECURITY POLICY.
``(a) Establishment.--There is established within the Department an
Office of Cargo Security Policy (referred to in this section as the
`Office').
``(b) Purpose.--The Office shall--
``(1) coordinate all Department policies relating to cargo
security; and
``(2) consult with stakeholders and coordinate with other
Federal agencies in the establishment of standards and
regulations and to promote best practices.
``(c) Director.--
``(1) Appointment.--The Office shall be headed by a
Director, who shall--
``(A) be appointed by the Secretary; and
``(B) report to the Assistant Secretary for Policy.
``(2) Responsibilities.--The Director shall--
``(A) advise the Assistant Secretary for Policy in
the development of Department-wide policies regarding
cargo security;
``(B) coordinate all policies relating to cargo
security among the agencies and offices within the
Department relating to cargo security; and
``(C) coordinate the cargo security policies of the
Department with the policies of other executive
agencies.''.
(b) Designation of Liaison Office of Department of State.--The
Secretary of State shall designate a liaison office within the
Department of State to assist the Secretary, as appropriate, in
negotiating cargo security related international agreements.
(c) Clerical Amendment.--The table of contents of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting
after the item relating to section 430 the following:
``Sec. 431. Office of cargo security policy.''.
SEC. 302. REAUTHORIZATION OF HOMELAND SECURITY SCIENCE AND TECHNOLOGY
ADVISORY COMMITTEE.
(a) In General.--Section 311(j) of the Homeland Security Act of
2002 (6 U.S.C. 191(j)) is amended by striking ``3 years after the
effective date of this Act'' and inserting ``on December 31, 2008''.
(b) Effective Date.--The amendment made by subsection (a) shall be
effective as if enacted on the date of the enactment of the Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.).
(c) Advisory Committee.--The Assistant Secretary for Science and
Technology shall utilize the Homeland Security Science and Technology
Advisory Committee, as appropriate, to provide outside expertise in
advancing cargo security technology.
SEC. 303. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION EFFORTS IN
FURTHERANCE OF MARITIME AND CARGO SECURITY.
(a) In General.--The Secretary shall--
(1) direct research, development, test, and evaluation
efforts in furtherance of maritime and cargo security;
(2) coordinate with public and private sector entities to
develop and test technologies and process innovations in
furtherance of these objectives; and
(3) evaluate such technologies.
(b) Coordination.--The Secretary, in coordination with the Under
Secretary for Science and Technology, the Assistant Secretary for
Policy, the Chief Financial Officer, and the heads of other appropriate
offices or entities of the Department, shall ensure that--
(1) research, development, test, and evaluation efforts
funded by the Department in furtherance of maritime and cargo
security are coordinated within the Department and with other
appropriate Federal agencies to avoid duplication of efforts;
and
(2) the results of such efforts are shared throughout the
Department and with other Federal, State, and local agencies,
as appropriate.
SEC. 304. COBRA FEES.
(a) Extension of Fees.--Subparagraphs (A) and (B)(i) of section
13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(j)(3)(A) and (B)(i)) are amended by striking
``2014'' each place it appears and inserting ``2015''.
SEC. 305. ESTABLISHMENT OF COMPETITIVE RESEARCH PROGRAM.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 314. COMPETITIVE RESEARCH PROGRAM.
``(a) In General.--
``(1) Establishment.--The Secretary, acting through the
Under Secretary for Science and Technology, shall establish a
competitive research program within the Directorate.
``(2) Director.--The program shall be headed by a Director,
who shall be appointed by the Secretary. The Director shall
report to the Under Secretary.
``(3) Duties of Director.--In the administration of the
program, the Director shall--
``(A) establish a cofunding mechanism for States
with academic facilities that have not fully developed
security-related science and technology to support
burgeoning research efforts by the faculty or link them
to established investigators;
``(B) provide for conferences, workshops, outreach,
and technical assistance to researchers and
institutions of higher education in States on topics
related to developing science and technology expertise
in areas of high interest and relevance to the
Department;
``(C) monitor the efforts of States to develop
programs that support the Department's mission;
``(D) implement a merit review program, consistent
with program objectives, to ensure the quality of
research conducted with Program funding; and
``(E) provide annual reports on the progress and
achievements of the Program to the Secretary.
``(b) Assistance Under the Program.--
``(1) Scope.--The Director shall provide assistance under
the program for research and development projects that are
related to, or qualify as, homeland security research (as
defined in section 307(a)(2)) under the program.
``(2) Form of assistance.--Assistance under the program can
take the form of grants, contracts, or cooperative
arrangements.
``(3) Applications.--Applicants shall submit proposals or
applications in such form, at such times, and containing such
information as the Director may require.
``(c) Implementation.--
``(1) Start-up phases.--For the first 3 fiscal years
beginning after the date of enactment of the Border
Infrastructure and Technology Integration Act of 2004,
assistance under the program shall be limited to institutions
of higher education located in States in which an institution
of higher education with a grant from, or a contract or
cooperative agreement with, the National Science Foundation
under section 113 of the National Science Foundation Act of
1988 (42 U.S.C. 1862) is located.
``(2) Subsequent fiscal years.--
``(A) In general.--Beginning with the 4th fiscal
year after the date of enactment of this Act, the
Director shall rank order the States (excluding any
noncontiguous State (as defined in section 2(14)) other
than Alaska, Hawaii, the Commonwealth of Puerto Rico,
and the Virgin Islands) in descending order in terms of
the average amount of funds received by institutions of
higher education (as that term is defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) in each State that received financial
assistance in the form of grants, contracts, or
cooperative arrangements under this title during each
of the preceding 3 fiscal years.
``(B) Allocation.--Beginning with the 4th fiscal
year after the date of enactment of this Act,
assistance under the program for any fiscal year is
limited to institutions of higher education located in
States in the lowest third of those ranked under
subparagraph (A) for that fiscal year.
``(C) Determination of location.--For purposes of
this paragraph, an institution of higher education
shall be considered to be located in the State in which
its home campus is located, except that assistance
provided under the program to a division, institute, or
other facility located in another State for use in that
State shall be considered to have been provided to an
institution of higher education located in that other
State.
``(D) Multiyear assistance.--For purposes of this
paragraph, assistance under the program that is
provided on a multi-year basis shall be counted as
provided in each such year in the amount so provided
for that year.
``(d) Funding.--The Secretary shall ensure, subject to the
availability of appropriations, that up to 5 percent of the amount
appropriated for each fiscal year to the Acceleration Fund for Research
and Development of Homeland Security Technologies established by
section 307(c)(1) is allocated to the program established by subsection
(a).
``(e) Report.--The Secretary shall submit an annual report to the
appropriate congressional committees detailing the funds expended for
the Acceleration Fund for Research and Development of Homeland Security
Technologies established by section 307(c)(1).''.
(b) Conforming Amendment.--The table of contents of the Homeland
Security Act of 2002 is amended by inserting after the item relating to
section 313 the following:
``Sec. 314. Competitive research program.''.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
SEC. 401. OFFICE OF INTERNATIONAL TRADE.
Section 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348;
19 U.S.C. 2072), is amended by adding at the end the following:
``(d) Office of International Trade.--
``(1) Establishment.--There is established within the
United States Customs and Border Protection an Office of
International Trade that shall be headed by an Assistant
Commissioner.
``(2) Transfer of assets, functions, and personnel;
elimination of offices.--
``(A) Office of strategic trade.--Not later than 90
days after the date of the enactment of the Port
Security Improvement Act of 2006, the Commissioner
shall transfer the assets, functions, and personnel of
the Office of Strategic Trade to the Office of
International Trade established pursuant to paragraph
(1) and the Office of Strategic Trade shall be
abolished.
``(B) Office of regulations and rulings.--Not later
than 90 days after the date of the enactment of the
Port Security Improvement Act of 2006, the Commissioner
shall transfer the assets, functions, and personnel of
the Office of Regulations and Rulings to the Office of
International Trade established pursuant to paragraph
(1) and the Office of Regulations and Rulings shall be
abolished.
``(C) Other transfers.--The Commissioner is
authorized to transfer any other assets, functions, or
personnel within the United States Customs and Border
Protection to the Office of International Trade
established pursuant to paragraph (1). Not later than
30 days after each such transfer, the Commissioner
shall notify the Committee on Appropriations, the
Committee on Finance, and the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Appropriations, the Committee on Homeland
Security, and the Committee on Ways and Means of the
House of Representatives of the specific assets,
functions, or personnel, that were transferred, and the
reason for such transfer.
``(e) International Trade Policy Committee.--
``(1) Establishment.--The Commissioner shall establish an
International Trade Policy Committee, to be chaired by the
Commissioner, and to include the Deputy Commissioner, the
Assistant Commissioner in the Office of Field Operations, the
Assistant Commissioner in the Office of International Affairs,
the Assistant Commissioner in the Office of International
Trade, and the Director of the Office of Trade Relations.
``(2) Responsibilities.--The International Trade Policy
Committee shall--
``(A) be responsible for advising the Commissioner
with respect to the commercial customs and trade
facilitation functions of the United States Customs and
Border Protection; and
``(B) assist the Commissioner in coordinating with
the Assistant Secretary for Policy regarding commercial
customs and trade facilitation functions.
``(3) Annual report.--Not later than 30 days after the end
of each fiscal year, the International Trade Policy Committee
shall submit a report to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of
Representatives. The report shall--
``(A) detail the activities of the International
Trade Policy Committee during the preceding fiscal
year; and
``(B) identify the priorities of the International
Trade Policy Committee for the fiscal year in which the
report is filed.
``(f) International Trade Finance Committee.--
``(1) Establishment.--The Commissioner shall establish an
International Trade Finance Committee, to be chaired by the
Commissioner, and to include the Deputy Commissioner, the
Assistant Commissioner in the Office of Finance, the Assistant
Commissioner in the Office of International Trade, and the
Director of the Office of Trade Relations.
``(2) Responsibilities.--The Trade Finance Committee shall
be responsible for overseeing the operation of all programs and
systems that are involved in the assessment and collection of
duties, bonds, and other charges or penalties associated with
the entry of cargo into the United States, or the export of
cargo from the United States, including the administration of
duty drawback and the collection of antidumping and
countervailing duties.
``(3) Annual report.--Not later than 30 days after the end
of each fiscal year, the Trade Finance Committee shall submit a
report to the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of Representatives.
The report shall--
``(A) detail the activities and findings of the
Trade Finance Committee during the preceding fiscal
year; and
``(B) identify the priorities of the Trade Finance
Committee for the fiscal year in which the report is
filed.
``(g) Definition.--In this section, the term `Commissioner' means
the Commissioner responsible for the United States Customs and Border
Protection in the Department of Homeland Security.''.
SEC. 402. RESOURCES.
Section 301 of the Customs Procedural Reform and Simplification Act
of 1978 (19 U.S.C. 2075) is amended by adding at the end the following:
``(h) Resource Allocation Model.--
``(1) Resource allocation model.--Not later than June 30,
2007, and every 2 years thereafter, the Commissioner shall
prepare and submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of
Representatives a Resource Allocation Model to determine the
optimal staffing levels required to carry out the commercial
operations of United States Customs and Border Protection,
including commercial inspection and release of cargo and the
revenue functions described in section 412(b)(2) of the
Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)). The model
shall comply with the requirements of section 412(b)(1) of such
Act and shall take into account previous staffing models and
historic and projected trade volumes and trends. The Resource
Allocation Model shall apply both risk-based and random
sampling approaches for determining adequate staffing needs for
priority trade functions, including--
``(A) performing revenue functions;
``(B) enforcing antidumping and countervailing
laws;
``(C) protecting intellectual property rights;
``(D) enforcing provisions of law relating to trade
in textiles and apparel;
``(E) conducting agricultural inspections;
``(F) enforcing fines, penalties and forfeitures;
and
``(G) facilitating trade.
``(2) Personnel.--
``(A) In general.--Not later than September 30,
2007, the Commissioner shall ensure that the
requirements of section 412(b) of the Homeland Security
Act of 2002 (6 U.S.C. 212(b)) are fully satisfied and
shall report to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of
Representatives regarding the implementation of this
subparagraph.
``(B) Customs and border protection officers.--The
initial Resource Allocation Model required pursuant to
paragraph (1) shall provide for the hiring of a minimum
of 1000 additional Customs and Border Protection
Officers. The Commissioner shall hire such additional
officers, subject to the appropriation of funds to pay
for the salaries and expenses of such officers, of
which the Commissioner shall assign--
``(i) 1 additional officer at each port of
entry in the United States; and
``(ii) the balance of the additional
officers authorized by this subsection among
ports of entry in the United States.
``(C) Assignment.--In assigning such officers
pursuant to subparagraph (B), the Commissioner shall
consider the volume of trade and the incidence of
nonvoluntarily disclosed customs and trade law
violations in addition to security priorities among
such ports of entry.
``(D) Redistribution.--Not later than September 30,
2008, the Director of Field Operations in each Field
Office may, at the request of the Director of a Service
Port reporting to such Field Office, direct the
redistribution of the additional personnel provided for
pursuant to subparagraph (B) among the ports of entry
reporting to such Field Office. The Commissioner shall
promptly report any redistribution of personnel
pursuant to subparagraph (B) to the Committee on
Homeland Security and Governmental Affairs and
Committee on Finance of the Senate, and the Committee
on Homeland Security and Committee on Ways and Means of
the House of Representatives.
``(3) Authorization of appropriations.--In addition to any
monies hereafter appropriated to United States Customs and
Border Protection in the Department of Homeland Security, there
are authorized to be appropriated for the purpose of meeting
the requirements of paragraph (2)(B), to remain available until
expended--
``(A) $130,000,000 for fiscal year 2008.
``(B) $239,200,000 for fiscal year 2009.
``(C) $248,800,000 for fiscal year 2010.
``(D) $258,700,000 for fiscal year 2011.
``(E) $269,000,000 for fiscal year 2012.
``(4) Report.--Not later than 30 days after the end of each
fiscal year, the Commissioner shall report to the Committee on
Finance of the Senate and the Committee on Ways and Means of
the House of Representatives on the resources directed to
commercial and trade facilitation functions within the Office
of Field Operations for the preceding fiscal year. Such
information shall be reported for each category of personnel
within the Office of Field Operations.
``(5) Regulations to implement trade agreements.--Not later
than 30 days after the date of the enactment of the Port
Security Improvement Act of 2006, the Commissioner shall
designate and maintain not less than 5 attorneys within the
Office of International Trade established pursuant to section 2
of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19
U.S.C. 2072) with primary responsibility for the prompt
development and promulgation of regulations necessary to
implement any trade agreement entered into by the United
States.
``(6) Definition.--As used in this subsection, the term
`Commissioner' means the Commissioner responsible for United
States Customs and Border Protection in the Department of
Homeland Security.''.
SEC. 403. NEGOTIATIONS.
Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) is amended
by adding at the end the following:
``(h) Customs Procedures and Commitments.--
``(1) In general.--The Secretary of Homeland Security, the
United States Trade Representative, and other appropriate
Federal officials, shall work through appropriate international
organizations including the World Customs Organization (WCO),
the World Trade Organization (WTO), the International Maritime
Organization, and the Asia-Pacific Economic Cooperation, to
align, to the extent practicable, customs procedures,
standards, requirements, and commitments in order to facilitate
the efficient flow of international trade.
``(2) United states trade representative.--
``(A) In general.--The United States Trade
Representative shall seek commitments in negotiations
in the WTO regarding the articles of GATT 1994 that are
described in subparagraph (B) that make progress in
achieving--
``(i) harmonization of import and export
data collected by WTO members for customs
purposes, to the extent practicable;
``(ii) enhanced procedural fairness and
transparency with respect to the regulation of
imports and exports by WTO members;
``(iii) transparent standards for the
efficient release of cargo by WTO members, to
the extent practicable; and
``(iv) the protection of confidential
commercial data.
``(B) Articles described.--The articles of the GATT
1994 described in this subparagraph are the following:
``(i) Article V (relating to transit).
``(ii) Article VIII (relating to fees and
formalities associated with importation and
exportation).
``(iii) Article X (relating to publication
and administration of trade regulations).
``(C) GATT 1994.--The term `GATT 1994' means the
General Agreement on Tariff and Trade annexed to the
WTO Agreement.
``(3) Customs.--The Secretary of Homeland Security, acting
through the Commissioner and in consultation with the United
States Trade Representative, shall work with the WCO to
facilitate the efficient flow of international trade, taking
into account existing international agreements and the
negotiating objectives of the WTO. The Commissioner shall work
to--
``(A) harmonize, to the extent practicable, import
data collected by WCO members for customs purposes;
``(B) automate and harmonize, to the extent
practicable, the collection and storage of commercial
data by WCO members;
``(C) develop, to the extent practicable,
transparent standards for the release of cargo by WCO
members;
``(D) develop and harmonize, to the extent
practicable, standards, technologies, and protocols for
physical or nonintrusive examinations that will
facilitate the efficient flow of international trade;
and
``(E) ensure the protection of confidential
commercial data.
``(4) Definition.--In this subsection, the term
`Commissioner' means the Commissioner responsible for the
United States Customs and Border Protection in the Department
of Homeland Security.''.
SEC. 404. INTERNATIONAL TRADE DATA SYSTEM.
Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is amended
by adding at the end the following:
``(d) International Trade Data System.--
``(1) Establishment.--
``(A) In general.--The Secretary of the Treasury
(in this section, referred to as the `Secretary') shall
oversee the establishment of an electronic trade data
interchange system to be known as the `International
Trade Data System' (ITDS). The ITDS shall be
implemented not later than the date that the Automated
Commercial Environment (commonly referred to as `ACE')
is implemented.
``(B) Purpose.--The purpose of the ITDS is to
eliminate redundant information requirements, to
efficiently regulate the flow of commerce, and to
effectively enforce laws and regulations relating to
international trade, by establishing a single portal
system, operated by the United States Customs and
Border Protection, for the collection and distribution
of standard electronic import and export data required
by all participating Federal agencies.
``(C) Participation.--
``(i) In general.--All Federal agencies
that require documentation for clearing or
licensing the importation and exportation of
cargo shall participate in the ITDS.
``(ii) Waiver.--The Director of the Office
of Management and Budget may waive, in whole or
in part, the requirement for participation for
any Federal agency based on the national
security interests of the United States.
``(D) Consultation.--The Secretary shall consult
with and assist agencies in the transition from paper
to electronic format for the submission, issuance, and
storage of documents relating to data required to enter
cargo into the United States.
``(2) Data elements.--
``(A) In general.--The Interagency Steering
Committee (established under paragraph (3)) shall, in
consultation with the agencies participating in the
ITDS, define the standard set of data elements to be
collected, stored, and shared in the ITDS. The
Interagency Steering Committee shall periodically
review the data elements in order to update the
standard set of data elements, as necessary.
``(B) Commitments and obligations.--The Interagency
Steering Committee shall ensure that the ITDS data
requirements are compatible with the commitments and
obligations of the United States as a member of the
World Customs Organization (WCO) and the World Trade
Organization (WTO) for the entry and movement of cargo.
``(C) Coordination.--The Secretary shall be
responsible for coordinating operation of the ITDS
among the participating agencies and the office within
the United States Customs and Border Protection that is
responsible for maintaining the ITDS.
``(3) Interagency steering committee.--There is established
an Interagency Steering Committee (in this section, referred to
as the `Committee'). The members of the Committee shall include
the Secretary (who shall serve as the chairperson of the
Committee), the Director of the Office of Management and
Budget, and the head of each agency participating in the ITDS.
The Committee shall assist the Secretary in overseeing the
implementation of, and participation in, the ITDS.
``(4) Report.--The Committee shall submit a report before
the end of each fiscal year to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives. Each report shall include information on--
``(A) the status of the ITDS implementation;
``(B) the extent of participation in the ITDS by
Federal agencies;
``(C) the remaining barriers to any agency's
participation;
``(D) the consistency of the ITDS with applicable
standards established by the World Customs Organization
and the World Trade Organization;
``(E) recommendations for technological and other
improvements to the ITDS; and
``(F) the status of the development,
implementation, and management of the Automated
Commercial Environment within the United States Customs
and Border Protection.''.
SEC. 405. IN-BOND CARGO.
Title IV of the Tariff Act of 1930 is amended by inserting after
section 553 the following:
``SEC. 553A. REPORT ON IN-BOND CARGO.
``(a) Report.--Not later than June 30, 2007, the Commissioner shall
submit a report to the Committees on Commerce, Science, and
Transportation, Finance, and Homeland Security and Governmental Affairs
of the Senate and the Committees on Homeland Security, Transportation
and Infrastructure, and Ways and Means of the House of Representatives
that includes--
``(1) a plan for closing in-bond entries at the port of
arrival;
``(2) an assessment of the personnel required to ensure 100
percent reconciliation of in-bond entries between the port of
arrival and the port of destination or exportation;
``(3) an assessment of the status of investigations of
overdue in-bond shipments and an evaluation of the resources
required to ensure adequate investigation of overdue in-bond
shipments;
``(4) a plan for tracking in-bond cargo within the
Automated Commercial Environment (ACE);
``(5) an assessment of whether any particular technologies
should be required in the transport of in-bond cargo;
``(6) an assessment of whether ports of arrival should
require any additional information regarding shipments of in-
bond cargo;
``(7) an evaluation of the criteria for targeting and
examining in-bond cargo; and
``(8) an assessment of the feasibility of reducing the
transit time for in-bond shipments, including an assessment of
the impact of such a change on domestic and international
trade.
``(b) Definition.--The term `Commissioner' means the Commissioner
responsible for the United States Customs and Border Protection in the
Department of Homeland Security.''.
SEC. 406. SENSE OF THE SENATE.
It is the sense of the Senate that nothing in sections 2, 106, 111
through 113, and 201 through 232 of this Act shall be construed to
affect the jurisdiction of any Standing Committee of the Senate.
SEC. 407. FOREIGN OWNERSHIP OF PORTS.
(a) In General.--On and after the date of the enactment of this
Act, the United States Trade Representative may not negotiate any
bilateral or multilateral trade agreement that limits the Congress in
its ability to restrict the operations or ownership of United States
ports by a foreign country or person.
(b) Operations and Ownership.--For purposes of this section, the
term ``operations and ownership'' includes--
(1) operating and maintaining docks;
(2) loading and unloading vessels directly to or from land;
(3) handling marine cargo;
(4) operating and maintaining piers;
(5) ship cleaning;
(6) stevedoring;
(7) transferring cargo between vessels and trucks, trains,
pipelines, and wharves; and
(8) waterfront terminal operations.
TITLE V--RAIL SECURITY ACT OF 2006
SEC. 501. SHORT TITLE.
This title may be cited as the ``Rail Security Act of 2006''.
SEC. 502. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability assessment.--The Under Secretary of
Homeland Security for Border and Transportation Security
(referred to in this title as the ``Under Secretary''), in
consultation with the Secretary of Transportation, shall
conduct a vulnerability assessment of freight and passenger
rail transportation (encompassing railroads, as that term is
defined in section 20102(1) of title 49, United States Code),
which shall include--
(A) identification and evaluation of critical
assets and infrastructures;
(B) identification of threats to those assets and
infrastructures;
(C) identification of vulnerabilities that are
specific to the transportation of hazardous materials
via railroad; and
(D) identification of security weaknesses in
passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment.
(2) Existing private and public sector efforts.--The
assessment conducted under this subsection shall take into
account actions taken or planned by both public and private
entities to address identified security issues and assess the
effective integration of such actions.
(3) Recommendations.--Based on the assessment conducted
under this subsection, the Under Secretary, in consultation
with the Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Under Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching and car storage areas, other
rail infrastructure and facilities, information
systems, and other areas identified by the Under
Secretary as posing significant rail-related risks to
public safety and the movement of interstate commerce,
taking into account the impact that any proposed
security measure might have on the provision of rail
service;
(B) deploying equipment to detect explosives and
hazardous chemical, biological, and radioactive
substances, and any appropriate countermeasures;
(C) training employees in terrorism prevention,
passenger evacuation, and response activities;
(D) conducting public outreach campaigns on
passenger railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs
of measures that may be required to address those
risks.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment required by subsection (a), the Under Secretary shall
consult with rail management, rail labor, owners or lessors of rail
cars used to transport hazardous materials, first responders, shippers
of hazardous materials, public safety officials (including those within
other agencies and offices within the Department of Homeland Security),
and other relevant parties.
(c) Report.--
(1) Contents.--Not later than 180 days after the date of
the enactment of this Act, the Under Secretary shall submit to
the Committee on Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report that contains--
(A) the assessment and prioritized recommendations
required by subsection (a) and an estimate of the cost
to implement such recommendations;
(B) a plan, developed in consultation with the
freight and intercity passenger railroads, and State
and local governments, for the government to provide
increased security support at high or severe threat
levels of alert; and
(C) a plan for coordinating rail security
initiatives undertaken by the public and private
sectors.
(2) Format.--The Under Secretary may submit the report in
both classified and redacted formats if the Under Secretary
determines that such action is appropriate or necessary.
(d) 2-Year Updates.--The Under Secretary, in consultation with the
Secretary of Transportation, shall update the assessment and
recommendations every 2 years and transmit a report, which may be
submitted in both classified and redacted formats, to the Committees
named in subsection (c)(1), containing the updated assessment and
recommendations.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary $5,000,000 for fiscal year 2007 to
carry out this section.
SEC. 503. RAIL SECURITY.
(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Not later than 1 year after the
date of the enactment of this Act, the Secretary of Transportation, in
consultation with the Under Secretary, shall review existing rail
regulations of the Department of Transportation for the purpose of
identifying areas in which those regulations need to be revised to
improve rail security.
SEC. 504. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.
(a) Requirement for Study.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the United States
shall complete a study of the rail passenger transportation security
programs that are carried out for rail transportation systems in Japan,
member nations of the European Union, and other foreign countries.
(b) Purpose.--The purpose of the study conducted under subsection
(a) shall be to identify effective rail transportation security
measures that are in use in foreign rail transportation systems,
including innovative measures and screening procedures determined
effective.
(c) Report.--The Comptroller General shall submit a report on the
results of the study conducted under subsection (a) to the Committee on
Commerce, Science, and Transportation and Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives. The
report shall include the Comptroller General's assessment regarding
whether it is feasible to implement within the United States any of the
same or similar security measures that are determined effective under
the study.
SEC. 505. PASSENGER, BAGGAGE, AND CARGO SCREENING.
(a) Requirement for Study and Report.--The Under Secretary, in
cooperation with the Secretary of Transportation, shall--
(1) conduct a study to analyze the cost and feasibility of
requiring security screening for passengers, baggage, and cargo
on passenger trains; and
(2) not later than 1 year after the date of the enactment
of this Act, submit a report containing the results of the
study and any recommendations that the Under Secretary may have
for implementing a rail security screening program to--
(A) the Committee on Commerce, Science, and
Transportation and the Committee of Homeland Security
and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
(b) Pilot Program.--As part of the study conducted under subsection
(a), the Under Secretary shall complete a pilot program of random
security screening of passengers and baggage at 5 passenger rail
stations served by Amtrak, which shall be selected by the Under
Secretary. In conducting the pilot program under this subsection, the
Under Secretary shall--
(1) test a wide range of explosives detection technologies,
devices, and methods;
(2) require that intercity rail passengers produce
government-issued photographic identification, which matches
the name on the passenger's tickets before the passenger
boarding a train; and
(3) attempt to give preference to locations at the highest
risk of terrorist attack and achieve a distribution of
participating train stations in terms of geographic location,
size, passenger volume, and whether the station is used by
commuter rail passengers and Amtrak passengers.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary to carry out this section
$5,000,000 for fiscal year 2007.
SEC. 506. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the Department of
Homeland Security, does not apply to the extent that any such employees
are responsible for implementing the provisions of this title.
SEC. 507. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation may award
grants to Amtrak for the purpose of making fire and life-safety
improvements to Amtrak tunnels on the Northeast Corridor in New York,
New York, Baltimore, Maryland, and Washington, D.C.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for the purposes of
carrying out subsection (a) the following amounts:
(1) For the 6 New York tunnels, to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $100,000,000 for fiscal year 2007;
(B) $100,000,000 for fiscal year 2008;
(C) $100,000,000 for fiscal year 2009; and
(D) $170,000,000 for fiscal year 2010.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2007;
(B) $10,000,000 for fiscal year 2008;
(C) $10,000,000 for fiscal year 2009; and
(D) $17,000,000 for fiscal year 2010.
(3) For the Washington, DC Union Station tunnels to improve
ventilation, communication, lighting, and passenger egress
upgrades--
(A) $8,000,000 for fiscal year 2007;
(B) $8,000,000 for fiscal year 2008;
(C) $8,000,000 for fiscal year 2009; and
(D) $8,000,000 for fiscal year 2010.
(c) Infrastructure Upgrades.--There are authorized to be
appropriated to the Secretary of Transportation $3,000,000 for fiscal
year 2007 for the preliminary design of options for a new tunnel on a
different alignment to augment the capacity of the existing Baltimore
tunnels.
(d) Availability of Appropriated Funds.--Amounts appropriated
pursuant to this section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may not make
amounts available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded under this section, the
Secretary has approved a project management plan prepared by
Amtrak that appropriately addresses--
(A) project budget;
(B) construction schedule;
(C) recipient staff organization;
(D) document control and record keeping;
(E) change order procedure;
(F) quality control and assurance;
(G) periodic plan updates;
(H) periodic status reports; and
(I) such other matters the Secretary determines to
be appropriate.
(f) Review of Plans.--
(1) Completion.--The Secretary of Transportation shall
complete the review of the plans required under paragraphs (1)
and (2) of subsection (e) and approve or disapprove the plans
not later than 45 days after the date on which each such plan
is submitted by Amtrak.
(2) Incomplete plans.--If the Secretary determines that a
plan is incomplete or deficient--
(A) the Secretary shall notify Amtrak of the
incomplete items or deficiencies; and
(B) not later than 30 days after receiving the
Secretary's notification under subparagraph (A), Amtrak
shall submit a modified plan for the Secretary's
review.
(3) Review of modified plans.--Not later than 15 days after
receiving additional information on items previously included
in the plan, and not later than 45 days after receiving items
newly included in a modified plan, the Secretary shall--
(A) approve the modified plan; or
(B) if the Secretary finds the plan is still
incomplete or deficient--
(i) submit a report to the Committee on
Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House
of Representatives that identifies the portions
of the plan the Secretary finds incomplete or
deficient;
(ii) approve all other portions of the
plan;
(iii) obligate the funds associated with
those other portions; and
(iv) execute an agreement with Amtrak not
later than 15 days thereafter on a process for
resolving the remaining portions of the plan.
(g) Financial Contribution From Other Tunnel Users.--The Secretary
of Transportation shall, taking into account the need for the timely
completion of all portions of the tunnel projects described in
subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use of the tunnels, if feasible.
SEC. 508. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Not later than 60 days after the date
of enactment of this Act, the Secretary of Transportation and the
Secretary of Homeland Security shall execute a memorandum of agreement
governing the roles and responsibilities of the Department of
Transportation and the Department of Homeland Security, respectively,
in addressing railroad transportation security matters, including the
processes the departments will follow to promote communications,
efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49, United
States Code, is amended by striking ``railroad safety'' and inserting
``railroad safety, including security,''.
SEC. 509. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date
of the enactment of the Rail Security Act of 2006, Amtrak shall submit
to the Chairman of the National Transportation Safety Board and the
Secretary of Transportation a plan for addressing the needs of the
families of passengers involved in any rail passenger accident
involving an Amtrak intercity train and resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by Amtrak under
subsection (a) shall include, at a minimum, the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within Amtrak's control; that any
possession of the passenger within Amtrak's control will be
returned to the family unless the possession is needed for the
accident investigation or any criminal investigation; and that
any unclaimed possession of a passenger within Amtrak's control
will be retained by the rail passenger carrier for at least 18
months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation Safety
Board, the Secretary of Transportation, and Amtrak may not release to
any person information on a list obtained under subsection (b)(1) but
may provide information on the list about a passenger to the family of
the passenger to the extent that the Board or Amtrak considers
appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable for
damages in any action brought in a Federal or State court arising out
of the performance of Amtrak in preparing or providing a passenger
list, or in providing information concerning a train reservation,
pursuant to a plan submitted by Amtrak under subsection (b), unless
such liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that Amtrak may take,
or the obligations that Amtrak may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Transportation for the use of Amtrak
$500,000 for fiscal year 2007 to carry out this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end the
following:
``Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents.''.
SEC. 510. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c), the Under Secretary may
award grants, through the Secretary of Transportation, to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, D.C.;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Under Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak for projects under subsection (a) unless--
(1) the projects are contained in a systemwide security
plan approved by the Under Secretary, in consultation with the
Secretary of Transportation;
(2) capital projects meet the requirements under section
507(e)(2); and
(3) the plan includes appropriate measures to address
security awareness, emergency response, and passenger
evacuation training.
(c) Equitable Geographic Allocation.--The Under Secretary shall
ensure that, subject to meeting the highest security needs on Amtrak's
entire system, stations and facilities located outside of the Northeast
Corridor receive an equitable share of the security funds authorized
under this section.
(d) Availability of Funds.--There are authorized to be appropriated
to the Under Secretary $63,500,000 for fiscal year 2007, $30,000,000
for fiscal year 2008, and $30,000,000 for fiscal year 2009 for the
purposes of carrying out this section. Amounts appropriated pursuant to
this subsection shall remain available until expended.
SEC. 511. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Under Secretary may award
grants to freight railroads, the Alaska Railroad, hazardous materials
shippers, owners of rail cars used in the transportation of hazardous
materials, universities, colleges and research centers, State and local
governments (for passenger facilities and infrastructure not owned by
Amtrak), and, through the Secretary of Transportation, to Amtrak, for
full or partial reimbursement of costs incurred in the conduct of
activities to prevent or respond to acts of terrorism, sabotage, or
other intercity passenger rail and freight rail security threats,
including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of cargo or passenger screening equipment
at the international border between the United States and
Mexico or the international border between the United States
and Canada;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their resistance
to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
under section 502(c), including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Under Secretary shall adopt necessary
procedures, including audits, to ensure that grants awarded under this
section are expended in accordance with the purposes of this title and
the priorities and other criteria developed by the Under Secretary.
(c) Equitable Allocation.--The Under Secretary shall equitably
distribute the funds authorized by this section, taking into account
geographic location, and shall encourage non-Federal financial
participation in awarding grants. With respect to grants for passenger
rail security, the Under Secretary shall also take into account
passenger volume and whether a station is used by commuter rail
passengers and intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak under subsection (a) unless Amtrak meets the conditions
set forth in section 510(b).
(e) Allocation Between Railroads and Others.--Unless the Under
Secretary determines, as a result of the assessment required by section
502, that critical rail transportation security needs require
reimbursement in greater amounts to any eligible entity, a grant may
not be awarded under this section--
(1) in excess of $65,000,000 to Amtrak; or
(2) in excess of $100,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) High Hazard Materials Defined.--In this section, the term
``high hazard materials'' means poison inhalation hazard materials,
class 2.3 gases, class 6.1 materials, and anhydrous ammonia.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary $350,000,000 for fiscal year 2007
to carry out the purposes of this section. Amounts appropriated
pursuant to this subsection shall remain available until expended.
SEC. 512. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Transportation may use
not more than 0.5 percent of amounts made available to Amtrak for
capital projects under this title--
(1) to enter into contracts for the review of proposed
capital projects and related program management plans; and
(2) to oversee construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available under
subsection (a) to make contracts for safety, procurement, management,
and financial compliance reviews and audits of a recipient of amounts
under subsection (a).
(c) Procedures for Grant Award.--The Under Secretary shall
prescribe procedures and schedules for the awarding of grants under
this title, including application and qualification procedures
(including a requirement that the applicant have a security plan), and
a record of decision on applicant eligibility. The procedures shall
include the execution of a grant agreement between the grant recipient
and the Under Secretary. The Under Secretary shall issue a final rule
establishing the procedures not later than 90 days after the date of
the enactment of this Act.
SEC. 513. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The Under
Secretary, in conjunction with the Secretary of Transportation, shall
carry out a research and development program for the purpose of
improving freight and intercity passenger rail security that may
include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical, biological,
and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment; and
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car
and transmit information about the integrity of tank
cars to the train crew;
(B) research to improve tank car integrity, with a
focus on tank cars that carry high hazard materials (as
defined in section 511(g));
(C) techniques to transfer hazardous materials from
rail cars that are damaged or otherwise represent an
unreasonable risk to human life or public safety;
(6) other projects recommended in the report required under
section 502.
(b) Coordination With Other Research Initiatives.--The Under
Secretary shall ensure that the research and development program under
this section is coordinated with other research and development
initiatives at the Department of Homeland Security and the Department
of Transportation. The Under Secretary shall carry out any research and
development project authorized under this section through a
reimbursable agreement with the Secretary of Transportation if the
Secretary--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Accountability.--The Under Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under this
section are expended in accordance with the purposes of this title and
the priorities and other criteria developed by the Under Secretary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Under Secretary $50,000,000 in each of fiscal years
2007 and 2008 to carry out the purposes of this section. Amounts
appropriated pursuant to this subsection shall remain available until
expended.
SEC. 514. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.
(a) Track Standards.--Not later than 90 days after the date of the
enactment of this Act, the Administrator of the Federal Railroad
Administration shall--
(1) require each track owner using continuous welded rail
track to include procedures to improve the identification of
cracks in rail joint bars in the procedures filed with the
Administration under section 213.119 of title 49, Code of
Federal Regulations;
(2) instruct Administration track inspectors to obtain
copies of the most recent continuous welded rail programs of
each railroad within the inspectors' areas of responsibility
and require that inspectors use those programs when conducting
track inspections; and
(3) establish a program to--
(A) periodically review continuous welded rail
joint bar inspection data from railroads and
Administration track inspectors; and
(B) require railroads to increase the frequency or
improve the methods of inspection of joint bars in
continuous welded rail, if the Administrator determines
that such increase or improvement is necessary or
appropriate.
(b) Tank Car Standards.--The Administrator of the Federal Railroad
Administration shall--
(1) not later than 1 year after the date of the enactment
of this Act, validate the predictive model it is developing to
quantify the relevant dynamic forces acting on railroad tank
cars under accident conditions; and
(2) not later than 18 months after the date of the
enactment of this Act, initiate a rulemaking to develop and
implement appropriate design standards for pressurized tank
cars.
(c) Older Tank Car Impact Resistance Analysis and Report.--Not
later than 2 years after the date of the enactment of this Act, the
Administrator of the Federal Railroad Administration shall--
(1) conduct a comprehensive analysis to determine the
impact resistance of the steels in the shells of pressure tank
cars constructed before 1989; and
(2) submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that contains recommendations for measures to
eliminate or mitigate the risk of catastrophic failure.
SEC. 515. NORTHERN BORDER RAIL PASSENGER REPORT.
Not later than 180 days after the date of the enactment of this
Act, the Under Secretary, in consultation with the heads of other
appropriate Federal departments and agencies and the National Railroad
Passenger Corporation, shall submit a report to the Committee on
Commerce, Science, and Transportation and Committee of Homeland
Security and Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives that
contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of Principle
for the Improved Security of Rail Shipments by Canadian
National Railway and Canadian Pacific Railway from Canada to
the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers; and
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security.
SEC. 516. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL IN
COMMUNITIES WITHOUT GRADE SEPARATION.
(a) Study.--The Secretary of Homeland Security, in consultation
with State and local government officials, shall conduct a study on the
impact of blocked highway-railroad grade crossings on the ability of
emergency responders, including ambulances and police, fire, and other
emergency vehicles, to perform public safety and security duties in the
event of a terrorist attack.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit a report
to the Committee on Commerce, Science, and Transportation and Committee
of Homeland Security and Governmental Affairs of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives that contains--
(1) the findings of the study conducted under subsection
(a); and
(2) recommendations for reducing the impact of blocked
crossings on emergency response.
SEC. 517. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter I of chapter 201 of title 49, United
States Code, is amended by inserting after section 20115 the following:
``Sec. 20118. Whistleblower protection for rail security matters
``(a) Discrimination Against Employee.--A rail carrier engaged in
interstate or foreign commerce may not discharge a railroad employee or
otherwise discriminate against a railroad employee because the employee
(or any person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the Federal
Government information relating to a reasonably perceived
threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of the
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under such section 3 to resolve
the dispute, grievance, or claim the proceeding shall be expedited and
the dispute, grievance, or claim shall be resolved not later than 180
days after the filing date. If the violation is a form of
discrimination that does not involve discharge, suspension, or another
action affecting pay, and no other remedy is available under this
subsection, the Board, division, delegate, or other board of adjustment
may award the employee reasonable damages, including punitive damages,
of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in subsection
(b), the procedure set forth in section 42121(b)(2)(B), including the
burdens of proof, applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad carrier may
not seek protection under both this section and another provision of
law for the same allegedly unlawful act of the carrier.
``(e) Disclosure of Identity.--
``(1) In general.--Except as provided in paragraph (2), or
with the written consent of the employee, the Secretary of
Transportation may not disclose the name of an employee of a
railroad carrier who has provided information about an alleged
violation of this section.
``(2) Enforcement.--The Secretary shall disclose to the
Attorney General the name of an employee described in paragraph
(1) if the matter is referred to the Attorney General for
enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20115 the following:
``Sec. 20118. Whistleblower protection for rail security matters.''.
SEC. 518. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and the
Secretary of Transportation, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of
railroad carriers, and nonprofit employee organizations that represent
rail workers, shall develop and issue detailed guidance for a rail
worker security training program to prepare front-line workers for
potential threat conditions. The guidance shall take into consideration
any current security training requirements or best practices.
(b) Program Elements.--The guidance developed under subsection (a)
shall include elements, as appropriate to passenger and freight rail
service, that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days after the
Secretary of Homeland Security issues guidance under subsection (a) in
final form, each railroad carrier shall develop a rail worker security
training program in accordance with that guidance and submit it to the
Secretary for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall review the
program and transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary for the program to meet the
guidance requirements. A railroad carrier shall respond to the
Secretary's comments within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary reviews
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall
review implementation of the training program of a representative
sample of railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security on the number of reviews
conducted and the results. The Secretary may submit the report in both
classified and redacted formats as necessary.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) as appropriate to reflect new or different
security threats. Railroad carriers shall revise their programs
accordingly and provide additional training to their front-line workers
within a reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, train operators,
other onboard employees, maintenance and maintenance support personnel,
bridge tenders, as well as other appropriate employees of railroad
carriers, as defined by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security shall
issue guidance and best practices for a rail shipper employee security
program containing the elements listed under subsection (b) as
appropriate.
SEC. 519. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration) and the Secretary of
Transportation, shall require rail carriers transporting a high hazard
material, and of a quantity equal or exceeding the quantities of such
material listed in subpart 172.800, title 49, Federal Code of
Regulations, to develop a high hazard material security threat
mitigation plan containing appropriate measures, including alternative
routing and temporary shipment suspension options, to address assessed
risks to high consequence targets. The plan, and any information
submitted to the Secretary under this section shall be protected as
sensitive security information under the regulations prescribed under
section 114(s) of title 49, United States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier for the
shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe and specific intelligence of probable or
imminent threat exists towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high
hazard materials to the Secretary of Homeland Security
within 60 days after the date of enactment of this Act;
(B) develop and submit a high hazard material
security threat mitigation plan to the Secretary within
180 days after it receives the notice of high
consequence targets on such routes by the Secretary;
and
(C) submit any subsequent revisions to the plan to
the Secretary within 30 days after making the
revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad carrier
shall respond to the Secretary's comments within 30 days after
receiving them. Each rail carrier shall update and resubmit its
plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) Catastrophic impact zone.--The term ``catastrophic
impact zone'' means the area immediately adjacent to, under, or
above an active railroad right-of-way used to ship high hazard
materials in which the potential release or explosion of the
high hazard material being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(2) High-consequence target.--The term ``high-consequence
target'' means a building, buildings, infrastructure, public
space, or natural resource designated by the Secretary of
Homeland Security that is viable terrorist target of national
significance, the attack of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and
defense capabilities; or
(C) national economic harm.
(3) High hazard materials.--The term ``high hazard
materials'' means quantities of poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, and anhydrous
ammonia that the Secretary, in consultation with the Secretary
of Transportation, determines pose a security risk.
(4) Rail carrier.--The term ``rail carrier'' has the
meaning given that term by section 10102(5) of title 49, United
States Code.
SEC. 520. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall develop a national plan for public outreach and
awareness. Such plan shall be designed to increase awareness of
measures that the general public, railroad passengers, and railroad
employees can take to increase railroad system security. Such plan
shall also provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing research and
development efforts, and available Federal funding sources to improve
railroad security. Not later than 9 months after the date of enactment
of this Act, the Secretary of Homeland Security shall implement the
plan developed under this section.
SEC. 521. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with any rail security
research and development program administered by the Department
of Homeland Security and consistent with the results of
research relating to wireless tracking technologies, the
Secretary of Homeland Security, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration), shall develop a program that will
encourage the equipping of rail cars transporting high hazard
materials (as defined in section 519) in quantities equal to or
greater than the quantities specified in subpart 171.800 of
title 49, Code of Federal Regulations, with wireless
terrestrial or satellite communications technology that
provides--
(A) car position location and tracking
capabilities;
(B) notification of rail car depressurization,
breach, or unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for rail car tracking at the Department of
Transportation; and
(B) ensure that the program is consistent with
recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.
(b) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section $3,000,000 for
each of fiscal years 2007, 2008, and 2009.
TITLE VI--NATIONAL ALERT SYSTEM
SEC. 601. SHORT TITLE.
This title may be cited as the ``Warning, Alert, and Response
Network Act''.
SEC. 602. NATIONAL ALERT SYSTEM.
(a) Establishment.--There is established a National Alert System to
provide a public communications system capable of alerting the public
on a national, regional, or local basis to emergency situations
requiring a public response.
(b) Functions.--The National Alert System--
(1) will enable any Federal, State, tribal, or local
government official with credentials issued by the National
Alert Office under section 603 to alert the public to any
imminent threat that presents a significant risk of injury or
death to the public;
(2) will be coordinated with and supplement existing
Federal, State, tribal, and local emergency warning and alert
systems;
(3) will be flexible enough in its application to permit
narrowly targeted alerts in circumstances in which only a small
geographic area is exposed or potentially exposed to the
threat; and
(4) will transmit alerts across the greatest possible
variety of communications technologies, including digital and
analog broadcasts, cable and satellite television, satellite
and terrestrial radio, wireless communications, wireline
communications, and the Internet to reach the largest portion
of the affected population.
(c) Capabilities.--The National Alert System--
(1) shall incorporate multiple communications technologies
and be designed to adapt to, and incorporate, future
technologies for communicating directly with the public;
(2) shall include mechanisms and technologies to ensure
that members of the public with disabilities and older
individuals (as defined in section 102(35) of the Older
Americans Act of 1965 (42 U.S.C. 3002(35))) are able to receive
alerts and information provided through the National Alert
System;
(3) shall not interfere with existing alert, warning,
priority access, or emergency communications systems employed
by Federal, State, tribal, or local emergency response
personnel and may utilize existing emergency alert
technologies, including the NOAA All-Hazards Radio System,
digital and analog broadcast, cable, and satellite television
and satellite and terrestrial radio;
(4) shall not be based upon any single technology or
platform, but shall be designed to provide alerts to the
largest portion of the affected population feasible and improve
the ability of remote areas to receive alerts;
(5) shall incorporate technologies to alert effectively
underserved communities (as determined by the Commission under
section 608(a) of this title);
(6) when technologically feasible shall be capable of
providing information in languages other than, and in addition
to, English where necessary or appropriate; and
(7) shall be designed to promote local and regional public
and private partnerships to enhance community preparedness and
response.
(d) Reception of Alerts.--The National Alert System shall--
(1) utilize multiple technologies for providing alerts to
the public, including technologies that do not require members
of the public to activate a particular device or use a
particular technology to receive an alert provided via the
National Alert System; and
(2) provide redundant alert mechanisms where practicable so
as to reach the greatest number of people regardless of whether
they have access to, or utilize, any specific medium of
communication or any particular device.
(e) Emergency Alert System.--Within 1 year after the date of
enactment of this Act, the Federal Communications Commission shall--
(1) ensure the President, Secretary of Homeland Security,
and State Governors have access to the emergency alert system;
and
(2) ensure that the Emergency Alert System can transmit in
languages other than English.
SEC. 603. IMPLEMENTATION AND USE.
(a) Authority To Access System.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the National Alert Office shall
establish a process for issuing credentials to Federal, State,
tribal, or local government officials with responsibility for
issuing safety warnings to the public that will enable them to
access the National Alert System and preserves access to
existing alert, warning, and emergency communications systems
pursuant to section 602(c)(3). The Office shall approve or
disapprove a request for credentials within 60 days of request
by the Federal department or agency, the governor of the State
or the elected leader of a federally recognized Indian tribe.
(2) Requests for credentials.--Requests for credentials
from Federal, State, tribal, and local government agencies
shall be submitted to the Office by the head of the Federal
department or agency, or the governor of the State or the
elected leader of a Federally recognized Indian tribe,
concerned, for review and approval.
(3) Scope and Limitations of Credentials.--The Office
shall--
(A) establish eligibility criteria for issuing,
renewing, and revoking access credentials;
(B) limit credentials to appropriate geographic
areas or political jurisdictions; and
(C) ensure that the credentials permit use of the
National Alert System only for alerts that are
consistent with the jurisdiction, authority, and basis
for eligibility of the individual to whom the
credentials are issued to use the National Alert
System.
(4) Periodic training.--The Office shall--
(A) establish a periodic training program for
Federal, State, tribal, or local government officials
with credentials to use the National Alert System; and
(B) require such officials to undergo periodic
training under the program as a prerequisite for
retaining their credentials to use the system.
(b) Allowable Alerts.--
(1) In general.--Any alert transmitted via the National
Alert System, other than an alert described in paragraph (3), shall
meet 1 or more of the following requirements:
(A) An alert shall notify the public of a hazardous
situation that poses an imminent threat to the public
health or safety.
(B) An alert shall provide appropriate instructions
for actions to be taken by individuals affected or
potentially affected by such a situation.
(C) An alert shall advise individuals of public
addresses by Federal, State, tribal, or local officials
when related to a significant threat to public safety
and transmit such addresses when practicable and
technically feasible.
(D) An alert shall notify the public of when the
hazardous situation has ended or has been brought under
control.
(2) Event eligibility regulations.--The director of the
National Alert Office, in consultation with the Working Group,
shall by regulation specify--
(A) the classes of events or situations for which
the National Alert System may be used to alert the
public; and
(B) the content of the types of alerts that may be
transmitted by or through use of the National Alert
System, which may include--
(i) notifications to the public of a
hazardous situation that poses an imminent
threat to the public health or safety
accompanied by appropriate instructions for
actions to be taken by individuals affected or
potentially affected by such a situation; and
(ii) when technologically feasible public
addresses by Federal, State, tribal, or local
officials related to a significant threat to
public safety.
(3) Opt-in procedures for optional alerts.--The director of
the Office, in coordination with the Working Group, may
establish a procedure under which licensees who elect to
participate in the National Alert System as described in
subsection (d), may transmit non-emergency information via the
National Alert System to individuals who request such
information.
(c) Access Points.--The National Alert System shall provide--
(1) secure, widely dispersed multiple access points to
Federal, State, or local government officials with credentials
that will enable them to initiate alerts for transmission to
the public via the National Alert System; and
(2) system redundancies to ensure functionality in the
event of partial system failures, power failures, or other
interruptive events.
(d) Election To Carry Service.--
(1) Amendment of license.--Within 60 days after the date on
which the National Alert Office adopts relevant technical
standards based on recommendations of the Working Group, the
Federal Communications Commission shall initiate a proceeding
and subsequently issue an order--
(A) to allow any licensee providing commercial
mobile service (as defined in section 332(d)(1) of the
Communications Act of 1934 (47 U.S.C. 332(d)(1))) to
transmit National Alert System alerts to all
subscribers to, or users of, such service; and
(B) to require any such licensee who elects under
paragraph (2) not to participate in the transmission of
National Alert System alerts, to provide clear and
conspicuous notice at the point of sale of any devices
with which its service is included, that it will not
transmit National Alert System alerts via its service.
(2) Election to carry service.--
(A) In general.--Within 30 days after the
Commission issues its order under paragraph (1), each
such licensee shall file an election with the
Commission with respect to whether or not it intends to
participate in the transmission of National Alert
System alerts.
(B) Participation.--If a licensee elects to
participate in the transmission of National Alert
System alerts, the licensee shall certify to the
Commission that it will participate in a manner
consistent with the standards and protocols implemented
by the National Alert Office.
(C) Advertising.--Nothing in this title shall be
construed to prevent a licensee from advertising that
it participates in the transmission of National Alert
System alerts.
(D) Withdrawal from or later entry into system.--
The Commission shall establish a procedure--
(i) for a participating licensee to
withdraw from the National Alert System upon
notification of its withdrawal to its existing
subscribers;
(ii) for a licensee to enter the National
Alert System at a date later than provided in
subparagraph (A); and
(iii) under which a subscriber may
terminate a subscription to service provided by
a licensee that withdraws from the National
Alert System without penalty or early
termination fee.
(E) Consumer choice technology.--Any licensee
electing to participate in the transmission of National
Alert System alerts may offer subscribers the
capability of preventing the subscriber's device from
receiving alerts broadcast by the system other than an
alert issued by the President.
(3) Expansion of class of licensees participating.--The
Commission, in consultation with the National Alert Office, may
expand the class of licensees allowed to participate in the
transmission of National Alert System alerts subject to such
requirements as the Commission, in consultation with the
National Alert Office, determines to be necessary or
appropriate--
(A) to ensure the broadest feasible propagation of
alerts transmitted by the National Alert System to the
public; and
(B) to ensure that the functionality, integrity,
and security of the National Alert System is not
compromised.
(e) Digital Television Transmission Towers.--
(1) Retransmission capability.--Within 30 days after the
date on which the National Alert Office adopts relevant
technical standards based on recommendations of the Working
Group, the Federal Communications Commission shall initiate a
proceeding to require public broadcast television licensees and
permittees to install necessary equipment and technologies on,
or as part of, any broadcast television digital signal
transmitter to enable the transmitter to serve as a backbone
for the reception, relay, and retransmission of National Alert
System alerts.
(2) Compensation.--The National Alert Office established by
section 605 shall compensate any such licensee or permittee for
costs incurred in complying with the requirements imposed
pursuant to paragraph (1).
(f) FCC Regulation of Compliance.--Except as provided in
subsections (d) and (e), the Federal Communications Commission shall
have no regulatory authority under this title except to regulate
compliance with this title by licensees and permittees regulated by the
Commission under the Communications Act of 1934 (47 U.S.C. 151 et
seq.).
(g) Limitation of Liability.--Any person that participates in the
transmission of National Alert System alerts and that meets its
obligations under this title shall not be liable to any subscriber to,
or user of, such person's service or equipment for--
(1) any act or omission related to or any harm resulting
from the transmission of, or failure to transmit, a National
Alert System alert to such subscriber or user; or
(2) for the release to a government agency or entity,
public safety, fire service, law enforcement official, or
emergency facility of subscriber information used in connection
with delivering an alert.
(h) Testing.--The director shall establish testing criteria and
guidelines for licensees that elect to participate in the transmission
of National Alert System alerts.
SEC. 604. COORDINATION WITH EXISTING PUBLIC ALERT SYSTEMS AND
AUTHORITY.
(a) Existing Federal Warning System Coordination.--The director
shall work with the Federal Communications Commission, the National
Oceanic and Atmospheric Administration, and other relevant Federal
agencies to ensure that the National Alert System--
(1) complements, rather than duplicates, existing Federal
alert systems; and
(2) obtains the maximum benefit possible from the
utilization of existing research and development, technologies,
and processes developed for or utilized by existing Federal
alert systems.
(b) Existing alert authority.--Nothing in this title shall be
construed--
(1) to interfere with the authority of a Federal, State, or
local government official under any other provision of law to
transmit public alerts via the NOAA All-Hazards Radio System,
digital and analog broadcast, cable, and satellite television
and satellite and terrestrial radio, or any other emergency
alert system in existence on the date of enactment of this Act;
(2) to require alerts transmitted under the authority
described in paragraph (1) to comply with any standard
established pursuant to section 603; or
(3) to require any Federal, State, or local government
official to obtain credentials or undergo training under this
title before transmitting alerts under the authority described
in paragraph (1).
SEC. 605. NATIONAL ALERT OFFICE.
(a) Establishment.--
(1) In general.--The National Alert Office is established
within the Department of Homeland Security.
(2) Director.--The office shall be headed by a director
with at least 5 years' operational experience in the management
and issuance of warnings and alerts, hazardous event
management, or disaster planning. The Director shall serve
under and report to the Secretary of Homeland Security or his
designee.
(3) Staff.--The office shall have a staff with significant
technical expertise in the communications industry and
emergency public communications. The director may request the
detailing of staff from any appropriate Federal department or
agency in order to ensure that the concerns of all such
departments and agencies are incorporated into the daily
operation of the National Alert System.
(b) Functions and Responsibilities.--
(1) In general.--The Office shall administer, operate, and
manage the National Alert System established under this title.
(2) Implementation of working group recommendations.--The
Office shall be responsible for implementing the
recommendations of the Working Group established by section 606
regarding--
(A) the technical transmission of alerts;
(B) the incorporation of new technologies into the
National Alert System;
(C) the technical capabilities of the National
Alert System; and
(D) any other matters that fall within the duties
of the Working Group.
(3) Transmission of Alerts.--In administering the National Alert
System, the director of the National Alert Office shall ensure that--
(A) the National Alert System is available to, and
enables, only Federal, State, tribal, or local
government officials with credentials issued by the
National Alert Office under section 603 to access and
utilize the National Alert System;
(B) the National Alert System is capable of
providing geographically targeted alerts where such
alerts are appropriate;
(C) the legitimacy and authenticity of any
proffered alert is verified before it is transmitted;
(D) each proffered alert complies with formats,
protocols, and other requirements established by the
Office to ensure the efficacy and usefulness of alerts
transmitted via the National Alert System;
(E) the security and integrity of a National Alert
System alert from the point of origination to delivery
is maintained; and
(F) the security and integrity of the National
Alert System is maintained and protected.
(c) Reports.--
(1) Annual reports.--The director shall submit an annual
report to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Homeland Security and
Governmental Affairs, the House of Representatives Committee on
Homeland Security, the House of Representatives Committee on
Energy and Commerce, the House of Representatives Committee on
Science, and the House of Representatives Committee on
Transportation and Infrastructure on the status of, and plans
for, the National Alert System. In the first annual report, the
director shall report on--
(A) the progress made toward operational activation
of the alerting capabilities of the National Alert
System; and
(B) the anticipated date on which the National
Alert System will be available for utilization by
Federal, State, and local officials.
(2) 5-year plan.--Within 1 year after the date of enactment
of this Act and every 5 years thereafter, the director shall
publish a 5-year plan that outlines future capabilities and
communications platforms for the National Alert System. The
plan shall serve as the long-term planning document for the
Office.
(d) GAO Audits.--
(1) In general.--The Comptroller General shall audit the
National Alert Office every 3 years after the date of enactment
of this Act and periodically thereafter and transmit the
findings thereof to the Senate Committee on Commerce, Science,
and Transportation, the Senate Committee on Homeland Security
and Governmental Affairs, the House of Representatives
Committee on Homeland Security, the House of Representatives
Committee on Energy and Commerce, the House of Representatives
Committee on Science, and the House of Representatives
Committee on Transportation and Infrastructure.
(2) Response report.--If, as a result of the audit, the
Comptroller General expresses concern about any matter
addressed by the audit, the director of the National Alert
Office shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee on
Homeland Security and Governmental Affairs, the House of
Representatives Committee on Homeland Security, the House of
Representatives Committee on Energy and Commerce, the House of
Representatives Committee on Science, and the House of
Representatives Committee on Transportation and Infrastructure
describing what action, if any, the director is taking to
respond to any such concern.
SEC. 606. NATIONAL ALERT SYSTEM WORKING GROUP.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the director of the National Alert Office shall
establish a working group, to be known as the National Alert System
Working Group.
(b) Membership.--
(1) Appointment; chair.--The director shall appoint the
members of the Working Group as soon as practicable after the
date of enactment of this Act and shall serve as its chair. In
appointing members of the Working Group, the director shall
ensure that the number of members appointed under paragraph (5)
provides appropriate and adequate representation for all
stakeholders and interested and affected parties.
(2) Federal agency representatives.--Appropriate personnel
from the National Institute of Standards and Technology, the
National Oceanic and Atmospheric Administration, the Federal
Communications Commission, the Federal Emergency Management
Agency, the Nuclear Regulatory Commission, the Department of
Justice, the National Communications System, the National
Telecommunications and Information Administration, the
Department of Homeland Security's Preparedness Directorate, the
United States Postal Service, and other appropriate Federal
agencies shall serve as members of the Working Group.
(3) State and local government representatives.--The
director shall appoint representatives of State and local
governments and representatives of emergency services
personnel, selected from among individuals nominated by
national organizations representing such governments and
personnel, to serve as members of the Working Group.
(4) Tribal governments.--The director shall appoint
representatives from Federally recognized Indian tribes and
National Indian organizations.
(5) Subject matter experts..--The director shall appoint
individuals who have the requisite technical knowledge and
expertise to serve on the Working Group in the fulfillment of
its duties, including representatives of--
(A) communications service providers;
(B) vendors, developers, and manufacturers of
systems, facilities; equipment, and capabilities for
the provision of communications services;
(C) third-party service bureaus;
(D) technical experts from the broadcasting
industry;
(E) the national organization representing the
licensees and permittees of noncommercial broadcast
television stations;
(F) national organizations representing individuals
with special needs; and
(G) other individuals with technical expertise that
would enhance the National Alert System.
(c) Duties of the Working Group.--
(1) Development of system-critical recommendations.--Within
1 year after the date of enactment of this Act, the Working
Group shall develop and transmit to the National Alert Office
recommendations for--
(A) protocols, including formats, source or
originator identification, threat severity, hazard
description, and response requirements or
recommendations, for alerts to be transmitted via the
National Alert System that ensures that alerts are
capable of being utilized across the broadest variety
of communication technologies, at National, State, and
local levels;
(B) procedures for verifying, initiating,
modifying, and canceling alerts transmitted via the
National Alert System;
(C) guidelines for the technical capabilities of
the National Alert System;
(D) guidelines for technical capability that
provides for the priority transmission of National
Alert System alerts;
(E) guidelines for other capabilities of the
National Alert System as specified in this title;
(F) standards for equipment and technologies used
by the National Alert System;
(G) guidelines for the transmission of National
System Alerts in languages in addition to English, to
the extent practicable; and
(H) guidelines for incorporating the National Alert
System into comprehensive emergency planning standards
for public alert and notification and emergency public
communications.
(2) Integration of emergency and national alert systems.--
The Working Group shall work with the operators of nuclear
power plants and other critical infrastructure facilities to
integrate emergency alert systems for those facilities with the
National Alert System.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Working
Group shall take place not later than 60 days after the date of
the enactment of this Act.
(2) Other meetings.--After the initial meeting, the Working
Group shall meet at the call of the chair.
(3) Notice; open meetings.--Any meetings held by the
Working Group shall be duly noticed at least 14 days in advance
and shall be open to the public.
(e) Resources.--
(1) Federal agencies.--The Working Group shall have
reasonable access to--
(A) materials, resources, data, and other
information from the National Institute of Standards
and Technology, the Department of Commerce and its
agencies, the Department of Homeland Security and its
bureaus, and the Federal Communications Commission; and
(B) the facilities of any such agency for purposes
of conducting meetings.
(2) Gifts and grants.--The Working Group may accept, use,
and dispose of gifts or grants of services or property, both
real and personal, for purposes of aiding or facilitating the
work of the Working Group. Gifts or grants not used at the
expiration of the Working Group shall be returned to the donor
or grantor.
(f) Rules.--
(1) Quorum.--One-third of the members of the Working Group
shall constitute a quorum for conducting business of the
Working Group.
(2) Subcommittees.--To assist the Working Group in carrying
out its functions, the chair may establish appropriate
subcommittees composed of members of the Working Group and
other subject matter experts as deemed necessary.
(3) Additional rules.--The Working Group may adopt other
rules as needed.
(g) Federal Advisory Committee Act.--Neither the Federal Advisory
Committee Act (5 U.S.C. App.) nor any rule, order, or regulation
promulgated under that Act shall apply to the Working Group.
SEC. 607. RESEARCH AND DEVELOPMENT.
(a) In General.--The Undersecretary of Homeland Security for
Science and Technology and the director jointly shall establish an
extramural research and development program based on the
recommendations of the Working Group to support the development of
technology that will enable all existing and future providers of
communications services and all existing and future communications
devices to be utilized effectively with the National Alert System.
(b) Functions.--In carrying out subsection (a) the Undersecretary
for Science and Technology and the director shall--
(1) fund research and development which may include
academia, the private sector, and government laboratories; and
(2) ensure that the program addresses, at a minimum--
(A) developing innovative technologies that will
transmit geographically targeted emergency messages to
the public;
(B) enhancing participation in the national alert
system;
(C) understanding and improving public response to
warnings; and
(D) enhancing the ability of local communities to
integrate the National Alert System into their overall
operations management.
(c) Use of Existing Programs and Resources.--In developing the
program, the Undersecretary for Science and Technology shall utilize
existing expertise of the Department of Commerce, including the
National Institute of Standards and Technology.
SEC. 608. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.
(a) Grant Program.--The Undersecretary of Commerce for Oceans and
Atmosphere shall establish a program under which grants may be made to
provide for the installation of technologies in remote communities
effectively unserved by commercial mobile radio service (as determined
by the Federal Communications Commission within 180 days after the date
of enactment of this Act) for the purpose of enabling residents of
those communities to receive National Alert System alerts.
(b) Applications and Conditions.--In conducting the program, the
Undersecretary--
(1) shall establish a notification and application
procedure; and
(2) may establish such conditions, and require such
assurances, as may be appropriate to ensure the efficiency and
integrity of the grant program.
(c) Sunset.--The Undersecretary may not make grants under
subsection (a) more than 5 years after the date of enactment of this
Act.
SEC. 609. PUBLIC FAMILIARIZATION, OUTREACH, AND RESPONSE INSTRUCTIONS.
The director of the National Office, in consultation with the
Working Group, shall conduct a program of public outreach to ensure
that the public is aware of the National Alert System and understands
its capabilities and uses for emergency preparedness and response. The
program shall incorporate multiple communications technologies and
methods, including inserts in packaging for wireless devices, Internet
websites, and the use of broadcast radio and television Non-Commercial
Sustaining Announcement Programs.
SEC. 610. ESSENTIAL SERVICES DISASTER ASSISTANCE.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end
the following:
``SEC. 425. ESSENTIAL SERVICE PROVIDERS.
``(a) Definition.--In this section, the term `essential service
provider' means an entity that--
``(1) provides--
``(A) telecommunications service;
``(B) electrical power;
``(C) natural gas;
``(D) water and sewer services; or
``(E) any other essential service, as determined by
the President;
``(2) is--
``(A) a municipal entity;
``(B) a nonprofit entity; or
``(C) a private, for-profit entity; and
``(3) is contributing to efforts to respond to an emergency
or major disaster.
``(b) Authorization.--In an emergency or major disaster, the
President may use Federal equipment, supplies, facilities, personnel,
and other non-monetary resources to assist an essential service
provider, in exchange for reasonable compensation.
``(c) Compensation.--
``(1) In general.--The President shall, by regulation,
establish a mechanism to set reasonable compensation to the
Federal Government for the provision of assistance under
subsection (b).
``(2) Criteria.--The mechanism established under paragraph
(1)--
``(A) shall reflect the cost to the government (or
if this is not readily obtainable, the full market
value under the applicable circumstances) for
assistance provided under subsection (b) in setting
compensation;
``(B) shall have, to the maximum degree feasible,
streamlined procedures for determining compensation;
and
``(C) may, at the President's discretion, be based
on a good faith estimate of cost to the government
rather than an actual accounting of costs.
``(3) Periodic review.--The President shall periodically
review, and if necessary revise, the regulations established
pursuant to paragraphs (1) and (2) to ensure that these
regulations result in full compensation to the government for
transferred resources. Such reviews shall occur no less
frequently than once every 2 years, and the results of such
reviews shall be reported to the House Transportation and
Infrastructure Committee and the Senate Homeland Security and
Governmental Affairs Committee.''.
SEC. 611. DEFINITIONS.
In this title:
(1) Director.--The term ``director'' means the director of
the National Alert Office.
(2) Office.--The term ``Office'' means the National Alert
Office established by section 605.
(3) National Alert System.--The term ``National Alert
System'' means the National Alert System established by section
602.
(4) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(5) Non-commercial sustaining announcement program.--The
term ``Non-Commercial Sustaining Announcement Program'' means a
radio and television campaign conducted for the benefit of a
nonprofit organization or government agency using unsold
commercial air time donated by participating broadcast stations
for use in such campaigns, and for which the campaign's
sponsoring organization or agency funds the cost of
underwriting programs that serve the public convenience,
interest, and necessity, as described in section 307 of the
Communications Act of 1934 (47 U.S.C. 307).
(6) Working group.--The term ``Working Group'' means the
National Alert System Working Group on the established under
section 606.
SEC. 612. SAVINGS CLAUSE.
Nothing in this title shall interfere with or supersede the
authorities, missions, programs, operations, or activities of the
Federal Communications Commission or the Department of Commerce,
including those of the National Oceanic and Atmospheric Administration,
the National Institute of Standards and Technology, and the National
Telecommunications and Information Administration.
SEC. 613. FUNDING.
Funding for this title shall be provided from the Digital
Transition and Public Safety Fund in accordance with section 3010 of
the Digital Television Transition and Public Safety Act of 2005 (47
U.S.C. 309 note).
TITLE VII--MASS TRANSIT SECURITY
SEC. 701. SHORT TITLE.
This title may be cited as the ``Public Transportation Terrorism
Prevention Act of 2006''.
SEC. 702. FINDINGS.
Congress finds that--
(1) public transportation systems throughout the world have
been a primary target of terrorist attacks, causing countless
death and injuries;
(2) 5,800 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential for the Nation's economy and for significant national
and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements to
the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect
our Nation's aviation system and its 1,800,000 daily
passengers;
(7) the Federal Government has allocated $250,000,000 in
fiscal years 2003 through 2005 to protect public transportation
systems in the United States;
(8) the Federal Government has invested $7.38 in aviation
security improvements per passenger, but only $0.007 in public
transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and many
transportation experts have reported an urgent need for
significant investment in public transportation security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. 703. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
the enactment of this Act, the Federal Transit Administration
of the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2007, the Secretary of
Homeland Security shall review and augment the security
assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall
use the security assessments received under paragraph (1) as
the basis for allocating grant funds under section 704, unless
the Secretary notifies the Committee on Banking, Housing, and
Urban Affairs of the Senate that the Secretary has determined
that an adjustment is necessary to respond to an urgent threat
or other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2007, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1) and with
appropriate State and local officials, shall establish security
improvement priorities that will be used by public
transportation agencies for any funding provided under section
704.
(5) Updates.--Not later than July 31, 2008, and annually
thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in
this subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest
risk of a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary of
Homeland Security shall use the information collected under subsection
(a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public
transportation systems; and
(B) maximizes the efforts of public transportation
systems to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later than
July 31, 2007, the Secretary of Homeland Security shall conduct
security assessments, appropriate to the size and nature of each
system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. 704. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the priorities
established under section 703(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section 703(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation
employees, including bus and rail operators, mechanics,
customer service, maintenance employees, transit
police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or
explosives detection;
(E) overtime reimbursement for enhanced security
personnel during significant national and international
public events, consistent with the priorities
established under section 703(a)(4); and
(F) other appropriate security improvements
identified under section 703(a)(4), excluding routine,
ongoing personnel costs.
(c) Coordination With State Homeland Security Plans.--In
establishing security improvement priorities under section 3(a)(4) and
in awarding grants for capital security improvements and operational
security improvements under subsections (a) and (b), respectively, the
Secretary of Homeland Security shall ensure that its actions are
consistent with relevant State Homeland Security Plans.
(d) Multi-State Transportation Systems.--In cases where a public
transportation system operates in more than 1 State, the Secretary of
Homeland Security shall give appropriate consideration to the risks of
the entire system, including those portions of the States into which
the system crosses, in establishing security improvement priorities
under section 3(a)(4), and in awarding grants for capital security
improvements and operational security improvements under subsections
(a) and (b), respectively.
(e) Congressional Notification.--Not later than 3 days before the
award of any grant under this section, the Secretary of Homeland
Security shall notify the Committee on Banking, Housing, and Urban
Affairs of the Senate of the intent to award such grant.
(f) Public Transportation Agency Responsibilities.--Each public
transportation agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(g) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified for that grant under this section, the grantee shall return
any amount so used to the Treasury of the United States.
SEC. 705. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland Security shall
ensure that the Department of Transportation receives appropriate and
timely notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis Center
for Public Transportation (referred to in this subsection as
the ``ISAC'') established pursuant to Presidential Directive
63, to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public
transportation agency for participating in the ISAC.
SEC. 706. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND
CONTRACTS.
(a) Grants and Contracts Authorized.--The Secretary of Homeland
Security, through the Homeland Security Advanced Research Projects
Agency in the Science and Technology Directorate and in consultation
with the Federal Transit Administration, shall award grants or
contracts to public or private entities to conduct research into, and
demonstrate, technologies and methods to reduce and deter terrorist
threats or mitigate damages resulting from terrorist attacks against
public transportation systems.
(b) Use of Funds.--Grants or contracts awarded under subsection
(a)--
(1) shall be coordinated with Homeland Security Advanced
Research Projects Agency activities; and
(2) may be used to--
(A) research chemical, biological, radiological, or
explosive detection systems that do not significantly
impede passenger access;
(B) research imaging technologies;
(C) conduct product evaluations and testing; and
(D) research other technologies or methods for
reducing or deterring terrorist attacks against public
transportation systems, or mitigating damage from such
attacks.
(c) Reporting Requirement.--Each entity that is awarded a grant or
contract under this section shall report annually to the Department of
Homeland Security on the use of grant or contract funds received under
this section.
(d) Return of Misspent Grant or Contract Funds.--If the Secretary
of Homeland Security determines that a grantee or contractor used any
portion of the grant or contract funds received under this section for
a purpose other than the allowable uses specified under subsection (b),
the grantee or contractor shall return any amount so used to the
Treasury of the United States.
SEC. 707. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
each year, the Secretary of Homeland Security shall submit a
report, containing the information described in paragraph (2),
to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the
provisions of sections 703 through 706;
(B) the amount of funds appropriated to carry out
the provisions of each of sections 703 through 706 that
have not been expended or obligated; and
(C) the state of public transportation security in
the United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 each year, the
Secretary of Homeland Security shall submit a report to the
Governor of each State with a public transportation agency that
has received a grant under this title.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each
such public transportation agency; and
(B) the use of such grant funds.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to
be appropriated $2,370,000,000 for fiscal year 2007 to carry out the
provisions of section 704(a), which shall remain available until
expended.
(b) Operational Security Assistance Program.--There are authorized
to be appropriated to carry out the provisions of section 704(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of section 705.
(d) Research.--There are authorized to be appropriated $130,000,000
for fiscal year 2007 to carry out the provisions of section 706, which
shall remain available until expended.
SEC. 709. SUNSET PROVISION.
The authority to make grants under this title shall expire on
October 1, 2010.
TITLE VIII--DOMESTIC NUCLEAR DETECTION OFFICE
SEC. 801. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION OFFICE.
(a) Establishment of Office.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by adding at the end the following:
``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE
``SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.
``(a) Establishment.--There shall be established in the Department
of Homeland Security a Domestic Nuclear Detection Office. The Secretary
of Homeland Security may request that the Secretaries of Defense,
Energy, and State, the Attorney General, the Nuclear Regulatory
Commission, and the directors of other Federal agencies, including
elements of the Intelligence Community, provide for the reimbursable
detail of personnel with relevant expertise to the Office.
``(b) Director.--The Office shall be headed by a Director for
Domestic Nuclear Detection, who shall be appointed by the President.
``SEC. 1802. MISSION OF OFFICE.
``(a) Mission.--The Office shall be responsible for coordinating
Federal efforts to detect and protect against the unauthorized
importation, possession, storage, transportation, development, or use
of a nuclear explosive device, fissile material, or radiological
material in the United States, and to protect against attack using such
devices or materials against the people, territory, or interests of the
United States and, to this end, shall--
``(1) serve as the primary entity in the United States
Government to further develop, acquire, and support the
deployment of an enhanced domestic system to detect and report
on attempts to import, possess, store, transport, develop, or
use an unauthorized nuclear explosive device, fissile material,
or radiological material in the United States, and improve that
system over time;
``(2) enhance and coordinate the nuclear detection efforts
of Federal, State, local, and tribal governments and the
private sector to ensure a managed, coordinated response;
``(3) establish, with the approval of the Secretary of
Homeland Security and in coordination with the Attorney General
and the Secretaries of Defense and Energy, additional protocols
and procedures for use within the United States to ensure that
the detection of unauthorized nuclear explosive devices,
fissile material, or radiological material is promptly reported
to the Attorney General, the Secretaries of Defense, Homeland
Security, and Energy, and other appropriate officials or their
respective designees for appropriate action by law enforcement,
military, emergency response, or other authorities;
``(4) develop, with the approval of the Secretary of
Homeland Security and in coordination with the Attorney General
and the Secretaries of State, Defense, and Energy, an enhanced
global nuclear detection architecture with implementation under
which--
``(A) the Domestic Nuclear Detection Office will be
responsible for the implementation of the domestic
portion of the global architecture;
``(B) the Secretary of Defense will retain
responsibility for implementation of Department of
Defense requirements within and outside the United
States; and
``(C) the Secretaries of State, Defense, and Energy
will maintain their respective responsibilities for
policy guidance and implementation of the portion of
the global architecture outside the United States,
which will be implemented consistent with applicable
law and relevant international arrangements;
``(5) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and transformational
program of research and development efforts to prevent and
detect the illicit entry, transport, assembly, or potential use
within the United States of a nuclear explosive device or
fissile or radiological material;
``(6) support and enhance the effective sharing and use of
appropriate information generated by the intelligence
community, law enforcement agencies, counterterrorism
community, other government agencies, and foreign governments,
as well as provide appropriate information to such entities;
``(7) further enhance and maintain continuous awareness by
analyzing information from all Domestic Nuclear Detection
Office mission-related detection systems; and
``(8) perform other duties as assigned by the Secretary.
``SEC. 1803. HIRING AUTHORITY.
``In hiring personnel for the Office, the Secretary of Homeland
Security shall have the hiring and management authorities provided in
section 1101 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The term
of appointments for employees under subsection (c)(1) of that section
may not exceed 5 years before granting any extension under subsection
(c)(2) of that section.
``SEC. 1804. TESTING AUTHORITY.
``(a) In General.--The Director shall coordinate with the
responsible Federal agency or other entity to facilitate the use by the
Office, by its contractors, or by other persons or entities, of
existing Government laboratories, centers, ranges, or other testing
facilities for the testing of materials, equipment, models, computer
software, and other items as may be related to the missions identified
in section 1802. Any such use of Government facilities shall be carried
out in accordance with all applicable laws, regulations, and
contractual provisions, including those governing security, safety, and
environmental protection, including, when applicable, the provisions of
section 309. The Office may direct that private-sector entities
utilizing Government facilities in accordance with this section pay an
appropriate fee to the agency that owns or operates those facilities to
defray additional costs to the Government resulting from such use.
``(b) Confidentiality of Test Results.--The results of tests
performed with services made available shall be confidential and shall
not be disclosed outside the Federal Government without the consent of
the persons for whom the tests are performed.
``(c) Fees.--Fees for services made available under this section
shall not exceed the amount necessary to recoup the direct and indirect
costs involved, such as direct costs of utilities, contractor support,
and salaries of personnel that are incurred by the United States to
provide for the testing.
``(d) Use of Fees.--Fees received for services made available under
this section may be credited to the appropriation from which funds were
expended to provide such services.
``SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND FEDERAL
AGENCIES.
``The authority of the Director under this title shall not affect
the authorities or responsibilities of any officer of the Department of
Homeland Security or of any officer of any other Department or agency
of the United States with respect to the command, control, or direction
of the functions, personnel, funds, assets, and liabilities of any
entity within the Department of Homeland Security or any Federal
department or agency.''.
(b) Technical and Conforming Amendments.--
(1) Section 103(d) of the Homeland Security Act of 2002 (6
U.S.C. 113(d)) is amended by adding at the end the following:
``(5) A Director of the Domestic Nuclear Detection
Office.''.
(2) Section 302 of such Act (6 U.S.C. 182) is amended--
(A) in paragraph (2) by striking ``radiological,
nuclear''; and
(B) in paragraph (5)(A) by striking ``radiological,
nuclear''.
(3) Section 305 of such Act (6 U.S.C. 185) is amended by
inserting ``and the Director of the Domestic Nuclear Detection
Office'' after ``Technology''.
(4) Section 308 of such Act (6 U.S.C. 188) is amended in
each of subsections (a) and (b)(1) by inserting ``and the
Director of the Domestic Nuclear Detection Office'' after
``Technology'' each place it appears.
(5) The table of contents of such Act (6 U.S.C. 101) is
amended by adding at the end the following:
``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE
``Sec. 1801. Domestic Nuclear Detection Office.
``Sec. 1802. Mission of office.
``Sec. 1803. Hiring authority.
``Sec. 1804. Testing authority.
``Sec. 1805. Relationship to other department entities and
Federal agencies.''.
SEC. 802. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT STRATEGY FOR
NUCLEAR AND RADIOLOGICAL DETECTION.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Homeland Security, the Secretary of the
Department of Energy, the Secretary of Defense, and the Director of
National Intelligence shall submit to Congress a research and
development investment strategy for nuclear and radiological detection.
(b) Contents.--The strategy under subsection (a) shall include--
(1) a long-term technology roadmap for nuclear and
radiological detection applicable to the mission needs of the
Departments of Homeland Security, Energy, and Defense, and the
Office of the Director of National Intelligence;
(2) budget requirements necessary to meet the roadmap; and
(3) documentation of how the Departments of Homeland
Security, Energy, and Defense, and the Office of the Director
of National Intelligence will implement the intent of this
title.
TITLE IX--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
SEC. 901. SHORT TITLE.
This title may be cited as the ``Transportation Security
Improvement Act of 2006''.
SEC. 902. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Within one year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Homeland Security, shall--
(1) document existing and proposed routes for the
transportation of radioactive and non-radioactive hazardous
materials by motor carrier, and develop a framework for using a
Geographic Information System-based approach to characterize
routes in the National Hazardous Materials Route Registry;
(2) assess and characterize existing and proposed routes
for the transportation of radioactive and non-radioactive
hazardous materials by motor carrier for the purpose of
identifying measurable criteria for selecting routes based on
safety and security concerns;
(3) analyze current route-related hazardous materials
regulations in the United States, Canada, and Mexico to
identify cross-border differences and conflicting regulations;
(4) document the concerns of the public, motor carriers,
and State, local, territorial, and tribal governments about the
highway routing of hazardous materials for the purpose of
identifying and mitigating security vulnerabilities associated
with hazardous material routes;
(5) prepare guidance materials for State officials to
assist them in identifying and reducing both safety concerns
and security vulnerabilities when designating highway routes
for hazardous materials consistent with the 13 safety-based
non-radioactive materials routing criteria and radioactive
materials routing criteria in Subpart C part 397 of title 49,
Code of Federal Regulations;
(6) develop a tool that will enable State officials to
examine potential routes for the highway transportation of
hazardous material and assess specific security vulnerabilities
associated with each route and explore alternative mitigation
measures; and
(7) transmit to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives Committee
on Transportation and Infrastructure a report on the actions
taken to fulfill paragraphs (1) through (6) of this subsection
and any recommended changes to the routing requirements for the
highway transportation of hazardous materials in part 397 of
title 49, Code of Federal Regulations.
(b) Route Plans.--
(1) Assessment.--Within one year after the date of
enactment of this Act, the Secretary of Transportation shall
complete an assessment of the safety and national security
benefits achieved under existing requirements for route plans,
in written or electronic format, for explosives and radioactive
materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of
Transportation recordable incidents and the severity of
such incidents for shipments of explosives and
radioactive materials for which such route plans are
required with the percentage of recordable incidents
and the severity of such incidents for shipments of
explosives and radioactive materials not subject to
such route plans; and
(B) quantify the security and safety benefits,
feasibility, and costs of requiring each motor carrier
that is required to have a hazardous material safety
permit under part 385 of title 49, Code of Federal
Regulations, to maintain, follow, and carry such a
route plan that meets the requirements of section
397.101 of that title when transporting the type and
quantity of hazardous materials described in section
385.403 of that title, taking into account the various
segments of the trucking industry, including tank
truck, truckload and less than truckload carriers.
(2) Report.--Within one year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report
to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing the findings and
conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor carriers that
have a hazardous material safety permit under part 385 of title 49,
Code of Federal Regulations, to maintain, follow, and carry a route
plan, in written or electronic format, that meets the requirements of
section 397.101 of that title when transporting the type and quantity
of hazardous materials described in section 385.403 of that title if
the Secretary determines, under the assessment required in subsection
(b), that such a requirement would enhance the security and safety of
the nation without imposing unreasonable costs or burdens upon motor
carriers.
SEC. 903. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications--
(1) In General.--Consistent with the findings of the
Transportation Security Administration's Hazmat Truck Security
Pilot Program and within 6 months after the date of enactment
of this Act, the Secretary of Homeland Security, through the
Transportation Security Administration and in consultation with
the Secretary of Transportation, shall develop a program to
encourage the equipping of motor carriers transporting high
hazard materials in quantities equal to or greater than the
quantities specified in subpart 171.800 of title 49, Code of
Federal Regulations, with wireless communications technology
that provides--
(A) continuous communications;
(B) vehicle position location and tracking
capabilities; and
(C) a feature that allows a driver of such vehicles
to broadcast an emergency message.
(2) Considerations.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for motor carrier tracking at the Department of
Transportation;
(B) take into consideration the recommendations and
findings of the report on the Hazardous Material Safety
and Security Operation Field Test released by the
Federal Motor Carrier Safety Administration on November
11, 2004;
(C) evaluate--
(i) any new information related to the cost
and benefits of deploying and utilizing truck
tracking technology for motor carriers
transporting high hazard materials not included
in the Hazardous Material Safety and Security
Operation Field Test Report released by the
Federal Motor Carrier Safety Administration on
November 11, 2004;
(ii) the ability of truck tracking
technology to resist tampering and disabling;
(iii) the capability of truck tracking
technology to collect, display, and store
information regarding the movements of
shipments of high hazard materials by
commercial motor vehicles;
(iv) the appropriate range of contact
intervals between the tracking technology and a
commercial motor vehicle transporting high
hazard materials; and
(v) technology that allows the installation
by a motor carrier of concealed electronic
devices on commercial motor vehicles that can
be activated by law enforcement authorities and
alert emergency response resources to locate
and recover security sensitive material in the
event of loss or theft of such material.
(b) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section $3,000,000 for
each of fiscal years 2007, 2008, and 2009.
SEC. 904. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--The Secretary of Homeland Security shall establish
a program within the Transportation Security Administration, in
consultation with the Secretary of Transportation, for reviewing
hazardous materials security plans required under part 172, title 49,
Code of Federal Regulations, within 180 days after the date of
enactment of this Act. In establishing the program, the Secretary shall
ensure that--
(1) the program does not subject carriers to unnecessarily
duplicative reviews of their security plans by the 2
departments; and
(2) a common set of standards is used to review the
security plans.
(b) Civil Penalty.--The failure, by a shipper, carrier, or other
person subject to part 172 of title 49, Code of Federal Regulations, to
comply with any applicable section of that part within 180 days after
being notified by the Secretary of such failure to comply, is
punishable by a civil penalty imposed by the Secretary under title 49,
United States Code. For purposes of this subsection, each day of
noncompliance after the 181st day following the date on which the
shipper, carrier, or other person received notice of the failure shall
constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of hazardous
materials shippers, carriers, or other persons subject to part 172 of
title 49, Code of Federal Regulations, with the provisions of that
part, the Secretary shall utilize risk assessment methodologies to
prioritize review and enforcement actions to the most vulnerable and
critical hazardous materials transportation operations.
(d) Transportation Costs Study.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in conjunction
with the Secretary of Homeland Security, shall study to what extent the
insurance, security, and safety costs borne by railroad carriers, motor
carriers, pipeline carriers, air carriers, and maritime carriers
associated with the transportation of hazardous materials are reflected
in the rates paid by shippers of such commodities as compared to the
costs and rates respectively for the transportation of non-hazardous
materials.
(e) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section--
(1) $2,000,000 for fiscal year 2007;
(2) $2,000,000 for fiscal year 2008; and
(3) $2,000,000 for fiscal year 2009.
SEC. 905. TRUCK SECURITY ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall transmit to the Senate Committee on
Commerce, Science, and Transportation, Senate Committee on Finance, the
House of Representatives Committee on Transportation and
Infrastructure, the House of Representatives Committee on Homeland
Security, and the House of Representatives Committe on Ways and Means,
a report on security issues related to the trucking industry that
includes--
(1) an assessment of actions already taken to address
identified security issues by both public and private entities;
(2) an assessment of the economic impact that security
upgrades of trucks, truck equipment, or truck facilities may
have on the trucking industry and its employees, including
independent owner-operators;
(3) an assessment of ongoing research and the need for
additional research on truck security; and
(4) an assessment of industry best practices to enhance
security.
SEC. 906. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.
(a) Development.--The Secretary of Homeland Security, in
conjunction with the Secretary of Transportation, shall consider the
development of a national public sector response system to receive
security alerts, emergency messages, and other information used to
track the transportation of high hazard materials which can provide
accurate, timely, and actionable information to appropriate first
responder, law enforcement and public safety, and homeland security
officials, as appropriate, regarding accidents, threats, thefts, or
other safety and security risks or incidents. In considering the
development of this system, they shall consult with law enforcement and
public safety officials, hazardous material shippers, motor carriers,
railroads, organizations representing hazardous material employees,
State transportation and hazardous materials officials, private for-
profit and non-profit emergency response organizations, and commercial
motor vehicle and hazardous material safety groups. Consideration of
development of the national public sector response system shall be
based upon the public sector response center developed for the
Transportation Security Administration hazardous material truck
security pilot program and hazardous material safety and security
operational field test undertaken by the Federal Motor Carrier Safety
Administration.
(b) Capability.--The national public sector response system to be
considered shall be able to receive, as appropriate--
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) Characteristics.--The national public sector response system to
be considered shall--
(1) be an exception-based system;
(2) be integrated with other private and public sector
operation reporting and response systems and all Federal
homeland security threat analysis systems or centers (including
the National Response Center); and
(3) provide users the ability to create rules for alert
notification messages.
(d) Carrier Participation.--The Secretary of Homeland Security
shall coordinate with motor carriers and railroads transporting high
hazard materials, entities acting on their behalf who receive
communication alerts from motor carriers or railroads, or other Federal
agencies that receive security and emergency related notification
regarding high hazard materials in transit to facilitate the provisions
of the information listed in subsection (b) to the national public
sector response system to the extent possible if the system is
established.
(e) Data Privacy.--The national public sector response system shall
be designed to ensure appropriate protection of data and information
relating to motor carriers, railroads, and employees.
(f) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall transmit to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security a report on whether to
establish a national public sector response system and the estimated
total public and private sector costs to establish and annually operate
such a system, together with any recommendations for generating private
sector participation and investment in the development and operation of
such a system.
(g) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section--
(1) $1,000,000 for fiscal year 2007;
(2) $1,000,000 for fiscal year 2008; and
(3) $1,000,000 for fiscal year 2009.
SEC. 907. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Homeland Security shall establish
a program within the Transportation Security Administration for making
grants to private operators of over-the-road buses or over-the-road bus
terminal operators for system-wide security improvements to their
operations, including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing and upgrading an emergency communications
system linking operational headquarters, over-the-road buses,
law enforcement, and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Federal Share.--The Federal share of the cost for which any
grant is made under this section shall be 80 percent.
(c) Due Consideration.--In making grants under this section, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001, and shall
prioritize grant funding based on the magnitude and severity of the
security threat to bus passengers and the ability of the funded project
to reduce, or respond to, that threat.
(d) Grant Requirements.--A grant under this section shall be
subject to all the terms and conditions that a grant is subject to
under section 3038(f) of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 393).
(e) Plan Requirement.--
(1) In general.--The Secretary may not make a grant under
this section to a private operator of over-the-road buses until
the operator has first submitted to the Secretary--
(A) a plan for making security improvements
described in subsection (a) and the Secretary has
approved the plan; and
(B) such additional information as the Secretary
may require to ensure accountability for the obligation
and expenditure of amounts made available to the
operator under the grant.
(2) Coordination.--To the extent that an application for a
grant under this section proposes security improvements within
a specific terminal owned and operated by an entity other than
the applicant, the applicant shall demonstrate to the
satisfaction of the Secretary that the applicant has
coordinated the security improvements for the terminal with
that entity.
(f) Over-the-Road Bus Defined.--In this section, the term ``over-
the-road bus'' means a bus characterized by an elevated passenger deck
located over a baggage compartment.
(g) Bus Security Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation, the
House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a preliminary report in accordance with the
requirements of this section.
(2) Contents of preliminary report.--The preliminary report
shall include--
(A) an assessment of the over-the-road bus security
grant program;
(B) an assessment of actions already taken to
address identified security issues by both public and
private entities and recommendations on whether
additional safety and security enforcement actions are
needed;
(C) an assessment of whether additional legislation
is needed to provide for the security of Americans
traveling on over-the-road buses;
(D) an assessment of the economic impact that
security upgrades of buses and bus facilities may have
on the over-the-road bus transportation industry and
its employees;
(E) an assessment of ongoing research and the need
for additional research on over-the-road bus security,
including engine shut-off mechanisms, chemical and
biological weapon detection technology, and the
feasibility of compartmentalization of the driver; and
(F) an assessment of industry best practices to
enhance security.
(3) Consultation with industry, labor, and other groups.--
In carrying out this section, the Secretary shall consult with
over-the-road bus management and labor representatives, public
safety and law enforcement officials, and the National Academy
of Sciences.
(h) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section--
(1) $12,000,000 for fiscal year 2007;
(2) $25,000,000 for fiscal year 2008; and
(3) $25,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 908. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation and the Pipeline and
Hazardous Materials Safety Administration, and in accordance with the
Memorandum of Understanding Annex executed under section 909, shall
develop a Pipeline Security and Incident Recovery Protocols Plan. The
plan shall include--
(1) a plan for the Federal Government to provide increased
security support to the most critical interstate and intrastate
natural gas and hazardous liquid transmission pipeline
infrastructure and operations as determined under section 909--
(A) at high or severe security threat levels of
alert; and
(B) when specific security threat information
relating to such pipeline infrastructure or operations
exists; and
(2) an incident recovery protocol plan, developed in
conjunction with interstate and intrastate transmission and
distribution pipeline operators and terminals and facilities
operators connected to pipelines, to develop protocols to
ensure the continued transportation of natural gas and
hazardous liquids to essential markets and for essential public
health or national defense uses in the event of an incident
affecting the interstate and intrastate natural gas and
hazardous liquid transmission and distribution pipeline system,
which shall include protocols for granting access to pipeline
operators for pipeline infrastructure repair, replacement or
bypass following an incident.
(b) Existing Private and Public Sector Efforts.--The plan shall
take into account actions taken or planned by both private and public
entities to address identified pipeline security issues and assess the
effective integration of such actions.
(c) Consultation.--In developing the plan under subsection (a), the
Secretary of Homeland Security shall consult with the Secretary of
Transportation, interstate and intrastate transmission and distribution
pipeline operators, pipeline labor, first responders, shippers of
hazardous materials, State Departments of Transportation, public safety
officials, and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall
transmit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the plan required by
subsection (a), along with an estimate of the private and
public sector costs to implement any recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(e) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section $1,000,000 for
fiscal year 2007.
SEC. 909. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Within 1 year after the date of enactment of this
Act the Secretary of Homeland Security, in consultation with the
Secretary of Transportation, shall establish a program for reviewing
pipeline operator adoption of recommendations in the September, 5,
2002, Department of Transportation Research and Special Programs
Administration Pipeline Security Information Circular, including the
review of pipeline security plans and critical facility inspections.
(b) Review and Inspection.--Within 9 months after the date of
enactment of this Act the Secretary shall complete a review of the
pipeline security plan and an inspection of the critical facilities of
the 100 most critical pipeline operators covered by the September, 5,
2002, circular, where such facilities have not been inspected for
security purposes since September 5, 2002, by either the Department of
Homeland Security or the Department of Transportation, as determined by
the Secretary in consultation with the Secretary of Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline operator
compliance under subsections (a) and (b), the Secretary shall utilize
risk assessment methodologies to prioritize vulnerabilities and to
target inspection and enforcement actions to the most vulnerable and
critical pipeline assets.
(d) Regulations.--Within 1 year after the date of enactment of this
Act, the Secretary shall transmit to pipeline operators and the
Secretary of Transportation security recommendations for natural gas
and hazardous liquid pipelines and pipeline facilities. If the
Secretary of Homeland Security determines that regulations are
appropriate, the Secretary shall promulgate such regulations and carry
out necessary inspection and enforcement actions. Any regulations
should incorporate the guidance provided to pipeline operators by the
September 5, 2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information Circular and
contain additional requirements as necessary based upon the results of
the inspections performed under subsection (b). The regulations shall
include the imposition of civil penalties for non-compliance.
(e) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section--
(1) $2,000,000 for fiscal year 2007; and
(2) $2,000,000 for fiscal year 2008.
SEC. 910. TECHNICAL CORRECTIONS.
(a) Hazmat Licenses.--Section 5103a of title 49, United States
Code, is amended--
(1) by inserting ``of Homeland Security'' each place it
appears in subsections (a)(1), (d)(1)(b), and (e); and
(2) by redesignating subsection (h) as subsection (i) and
inserting the following after subsection (g):
``(h) Relationship to Transportation Security Cards.--Upon
application, a State shall issue to an individual a license to operate
a motor vehicle transporting in commerce a hazardous material without
the security assessment required by this section, provided the
individual meets all other applicable requirements for such a license,
if the Secretary of Homeland Security has previously determined, under
section 70105 of title 46, United States Code, that the individual does
not pose a security risk.''.
TITLE X--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``IP-Enabled Voice Communications
and Public Safety Act of 2006''.
SEC. 1002. EMERGENCY SERVICE.
(a) Access to 911 Components.--Within 90 days after the date of
enactment of this Act, the Commission shall issue regulations regarding
access by IP-enabled voice service providers to 911 components that
permit any IP-enabled voice service provider to elect to be treated as
a commercial mobile service provider for the purpose of access to any
911 component, except that the regulations issued under this subsection
may take into account any technical or network security issues that are
specific to IP-enabled voice services.
(b) State Authority Over Fees.--Nothing in this title, the
Communications Act of 1934, or any Commission regulation or order shall
prevent the imposition on, or collection from, a provider of IP-enabled
voice services of any fee or charge specifically designated by a State,
political subdivision thereof, or Indian tribe for the support of 911
or E-911 services if that fee or charge--
(1) does not exceed the amount of any such fee or charge
imposed on or collected from a provider of telecommunications
services; and
(2) is obligated or expended in support of 911 and E-911
services, or enhancements of such services, or other emergency
communications services as specified in the provision of State
or local law adopting the fee or charge.
(c) Parity of Protection for Provision or Use of IP-Enabled Voice
Service.--A provider or user of IP-enabled voice services, a PSAP, and
the officers, directors, employees, vendors, agents, and authorizing
government entity (if any) of such provider, user, or PSAP, shall have
the same scope and extent of immunity and other protection from
liability under Federal and State law with respect to--
(1) the release of subscriber information related to
emergency calls or emergency services,
(2) the use or provision of 911 and E-911 services, and
(3) other matters related to 911 and E-911 services,
as section 4 of the Wireless Communications and Public Safety Act of
1999 (47 U.S.C. 615a) provides to wireless carriers, PSAPs, and users
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6),
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect
to such release, use, and other matters.
(d) Limitation on Commission.--Nothing in this section shall be
construed to permit the Commission to issue regulations that require or
impose a specific technology or technological standard.
SEC. 1003. ENFORCEMENT.
The Commission shall enforce this title, and any regulation
promulgated under this title, under the Communications Act of 1934 (47
U.S.C. 151 et seq.) as if this title were a part of that Act. For
purposes of this section any violation of this title, or any regulation
promulgated under this title, is deemed to be a violation of the
Communications Act of 1934.
SEC. 1004. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.
(a) In General.--Section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942) is
amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 18 months after
the date of the enactment of the IP-Enabled Voice
Communications and Public Safety Act of 2005, the Office shall
develop and report to Congress on a national plan for migrating
to a national IP-enabled emergency network capable of receiving
and responding to all citizen activated emergency
communications.
``(2) Contents of plan.--The plan required by paragraph (1)
shall--
``(A) outline the potential benefits of such a
migration;
``(B) identify barriers that must be overcome and
funding mechanisms to address those barriers;
``(C) include a proposed timetable, an outline of
costs and potential savings;
``(D) provide specific legislative language, if
necessary, for achieving the plan;
``(E) provide recommendations on any legislative
changes, including updating definitions, to facilitate
a national IP-enabled emergency network; and
``(F) assess, collect, and analyze the experiences
of the PSAPs and related public safety authorities who
are conducting trial deployments of IP-enabled
emergency networks as of the date of enactment of the
IP-Enabled Voice Communications and Public Safety Act
of 2005.
``(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with representatives of
the public safety community, technology and telecommunications
providers, and others it deems appropriate.''; and
(3) by striking ``services.'' in subsection (b)(1) and
inserting ``services, and, upon completion of development of
the national plan for migrating to a national IP-enabled
emergency network under subsection (d), for migration to an IP-
enabled emergency network.''.
(b) Report on PSAPs.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall--
(A) compile a list of all known public safety
answering points, including such contact information
regarding public safety answering points as the
Commission determines appropriate;
(B) organize such list by county, town, township,
parish, village, hamlet, or other general purpose
political subdivision of a State; and
(C) make available from such list--
(i) to the public, on the Internet website
of the Commission--
(I) the 10 digit telephone number
of those public safety answering points
appearing on such list; and
(II) a statement explicitly warning
the public that such telephone numbers
are not intended for emergency purposes
and as such may not be answered at all
times; and
(ii) to public safety answering points all
contact information compiled by the Commission.
(2) Continuing duty.--The Commission shall continue--
(A) to update the list made available to the public
described in paragraph (1)(C); and
(B) to improve for the benefit of the public the
accessibility, use, and organization of such list.
(3) Psaps required to comply.--Each public safety answering
point shall provide all requested contact information to the
Commission as requested.
(c) Report on Selective Routers.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall--
(A) compile a list of selective routers, including
the contact information of the owners of such routers;
(B) organize such list by county, town, township,
parish, village, hamlet, or other general purpose
political subdivision of a State; and
(C) make such list available to providers of
telecommunications service and to providers of IP-
enabled voice service who are seeking to provide E-911
service to their subscribers.
SEC. 1005. DEFINITIONS.
(a) In General.--For purposes of this title:
(1) 911.--The term ``911'' means a service that allows a
user, by dialing the three-digit code 911, to call a public
safety answering point operated by a State, local government,
Indian tribe, or authorized entity.
(2) 911 component.--The term ``911 component'' means any
equipment, network, databases (including automatic location
information databases and master street address guides),
interface, selective router, trunkline, or other related
facility necessary for the delivery and completion of 911 or E-
911 calls and information related to such calls to which the
Commission requires access pursuant to its rules and
regulations.
(3) E-911 service.--The term ``E-911 service'' means a 911
service that automatically delivers the 911 call to the
appropriate public safety answering point, and provides
automatic identification data, including the originating number
of an emergency call, the physical location of the caller, and
the capability for the public safety answering point to call
the user back if the call is disconnected.
(4) IP-enabled voice service.--The term ``IP-enabled voice
service'' means the provision of real-time 2-way voice
communications offered to the public, or such classes of users
as to be effectively available to the public, transmitted
through customer premises equipment using TCP/IP protocol, or a
successor protocol, for a fee (whether part of a bundle of
services or separately, or without a fee) with 2-way
interconnection capability such that the service can originate
traffic to, and terminate traffic from, the public switched
telephone network.
(5) PSAP.--The term ``public safety answering point'' or
``PSAP'' means a facility that has been designated to receive
911 or E-911 calls.
(b) Common Terminology.--Except as otherwise provided in subsection
(a), terms used in this title have the meanings provided under section
3 of the Communications Act of 1934.
TITLE XI--OTHER MATTERS
SEC. 1101. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
(a) In General.--Notwithstanding any provision of law to the
contrary, any statutory limitation on the number of employees in the
Transportation Security Administration, before or after its transfer to
the Department of Homeland Security from the Department of
Transportation, does not apply after the date of enactment of this Act.
(b) Aviation Security.--Notwithstanding any provision of law
imposing a limitation on the recruiting or hiring of personnel into the
Transportation Security Administration to a maximum number of permanent
positions, the Secretary of Homeland Security shall recruit and hire
such personnel into the Administration as may be necessary--
(1) to provide appropriate levels of aviation security; and
(2) to accomplish that goal in such a manner that the
average aviation security-related delay experienced by airline
passengers is reduced to a level of less than 10 minutes.
SEC. 1102. RURAL POLICING INSTITUTE.
(a) In General.--There is established a Rural Policing Institute,
which shall be administered by the Office of State and Local Training
of the Federal Law Enforcement Training Center (based in Glynco,
Georgia), to--
(1) evaluate the needs of law enforcement agencies of units
of local government and tribal governments located in rural
areas;
(2) develop expert training programs designed to address
the needs of rural law enforcement agencies regarding combating
methamphetamine addiction and distribution, domestic violence,
law enforcement response related to school shootings, and other
topics identified in the evaluation conducted under paragraph
(1);
(3) provide the training programs described in paragraph
(2) to law enforcement agencies of units of local government
and tribal governments located in rural areas; and
(4) conduct outreach efforts to ensure that training
programs under the Rural Policing Institute reach law
enforcement officers of units of local government and tribal
governments located in rural areas.
(b) Curricula.--The training at the Rural Policing Institute
established under subsection (a) shall be configured in a manner so as
to not duplicate or displace any law enforcement program of the Federal
Law Enforcement Training Center in existence on the date of enactment
of this Act.
(c) Definition.--In this section, the term ``rural'' means area
that is not located in a metropolitan statistical area, as defined by
the Office of Management and Budget.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section (including for contracts, staff,
and equipment)--
(1) $10,000,000 for fiscal year 2007; and
(2) $5,000,000 for each of fiscal years 2008 through 2012.
SEC. 1103. EVACUATION IN EMERGENCIES.
(a) Purpose.--The purpose of this section is to ensure the
preparation of communities for future natural, accidental, or
deliberate disasters by ensuring that the States prepare for the
evacuation of individuals with special needs.
(b) Evacuation Plans for Individuals With Special Needs.--The
Secretary, acting through the Federal Emergency Management Agency,
shall take appropriate actions to ensure that each State, as that term
is defined in section 2(14) of the Homeland Security Act of 2002 (6
U.S.C. 101(14)), requires appropriate State and local government
officials to develop detailed and comprehensive pre-disaster and post-
disaster plans for the evacuation of individuals with special needs,
including the elderly, disabled individuals, low-income individuals and
families, the homeless, and individuals who do not speak English, in
emergencies that would warrant their evacuation, including plans for
the provision of food, water, and shelter for evacuees.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report setting forth, for each State, the status and key
elements of the plans to evacuate individuals with special
needs in emergencies that would warrant their evacuation.
(2) Contents.--The report submitted under paragraph (1)
shall include a discussion of--
(A) whether the States have the resources necessary
to implement fully their evacuation plans; and
(B) the manner in which the plans of the States are
integrated with the response plans of the Federal
Government for emergencies that would require the
evacuation of individuals with special needs.
SEC. 1104. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.
(a) Protection of Health and Safety of Individuals in a Disaster
Area.--Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by inserting after
section 408 the following:
``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN A
DISASTER AREA.
``(a) Definitions.--In this section:
``(1) Certified monitoring program.--The term `certified
monitoring program' means a medical monitoring program--
``(A) in which a participating responder is a
participant as a condition of the employment of such
participating responder; and
``(B) that the Secretary of Health and Human
Services certifies includes an adequate baseline
medical screening.
``(2) High exposure level.--The term `high exposure level'
means a level of exposure to a substance of concern that is for
such a duration, or of such a magnitude, that adverse effects
on human health can be reasonably expected to occur, as
determined by the President in accordance with human monitoring
or environmental or other appropriate indicators.
``(3) Individual.--The term `individual' includes--
``(A) a worker or volunteer who responds to a
disaster, either natural or manmade, involving any mode
of transportation in the United States or disrupting
the transportation system of the United States,
including--
``(i) a police officer;
``(ii) a firefighter;
``(iii) an emergency medical technician;
``(iv) any participating member of an urban
search and rescue team; and
``(v) any other relief or rescue worker or
volunteer that the President determines to be
appropriate;
``(B) a worker who responds to a disaster, either
natural or manmade, involving any mode of
transportation in the United States or disrupting the
transportation system of the United States, by
assisting in the cleanup or restoration of critical
infrastructure in and around a disaster area;
``(C) a person whose place of residence is in a
disaster area, caused by either a natural or manmade
disaster involving any mode of transportation in the
United States or disrupting the transportation system
of the United States;
``(D) a person who is employed in or attends
school, child care, or adult day care in a building
located in a disaster area, caused by either a natural
or manmade disaster involving any mode of
transportation in the United States or disrupting the
transportation system of the United States, of the
United States; and
``(E) any other person that the President
determines to be appropriate.
``(4) Participating responder.--The term `participating
responder' means an individual described in paragraph (3)(A).
``(5) Program.--The term `program' means a program
described in subsection (b) that is carried out for a disaster
area.
``(6) Substance of concern.--The term `substance of
concern' means a chemical or other substance that is associated
with potential acute or chronic human health effects, the risk
of exposure to which could potentially be increased as the
result of a disaster, as determined by the President, in
coordination with ATSDR and EPA, CDC, NIH, FEMA, OSHA, and
other agencies.
``(b) Program.--
``(1) In general.--If the President determines that 1 or
more substances of concern are being, or have been, released in
an area declared to be a disaster area under this Act and
disrupts the transportation system of the United States, the
President may carry out a program for the coordination and
protection, assessment, monitoring, and study of the health and
safety of individuals with high exposure levels to ensure
that--
``(A) the individuals are adequately informed about
and protected against potential health impacts of any
substance of concern and potential mental health
impacts in a timely manner;
``(B) the individuals are monitored and studied
over time, including through baseline and followup
clinical health examinations, for--
``(i) any short- and long-term health
impacts of any substance of concern; and
``(ii) any mental health impacts;
``(C) the individuals receive health care referrals
as needed and appropriate; and
``(D) information from any such monitoring and
studies is used to prevent or protect against similar
health impacts from future disasters.
``(2) Activities.--A program under paragraph (1) may
include such activities as--
``(A) collecting and analyzing environmental
exposure data;
``(B) developing and disseminating information and
educational materials;
``(C) performing baseline and followup clinical
health and mental health examinations and taking
biological samples;
``(D) establishing and maintaining an exposure
registry;
``(E) studying the short- and long-term human
health impacts of any exposures through epidemiological
and other health studies; and
``(F) providing assistance to individuals in
determining eligibility for health coverage and
identifying appropriate health services.
``(3) Timing.--To the maximum extent practicable,
activities under any program carried out under paragraph (1)
(including baseline health examinations) shall be commenced in
a timely manner that will ensure the highest level of public
health protection and effective monitoring.
``(4) Participation in registries and studies.--
``(A) In general.--Participation in any registry or
study that is part of a program carried out under
paragraph (1) shall be voluntary.
``(B) Protection of privacy.--The President shall
take appropriate measures to protect the privacy of any
participant in a registry or study described in
subparagraph (A).
``(C) Priority.--
``(i) In general.--Except as provided in
clause (ii), the President shall give priority
in any registry or study described in
subparagraph (A) to the protection, monitoring
and study of the health and safety of
individuals with the highest level of exposure
to a substance of concern.
``(ii) Modifications.--Notwithstanding
clause (i), the President may modify the
priority of a registry or study described in
subparagraph (A), if the President determines
such modification to be appropriate.
``(5) Cooperative agreements.--
``(A) In general.--The President may carry out a
program under paragraph (1) through a cooperative
agreement with a medical institution, including a local
health department, or a consortium of medical
institutions.
``(B) Selection criteria.--To the maximum extent
practicable, the President shall select, to carry out a
program under paragraph (1), a medical institution or a
consortium of medical institutions that--
``(i) is located near--
``(I) the disaster area with
respect to which the program is carried
out; and
``(II) any other area in which
there reside groups of individuals that
worked or volunteered in response to
the disaster; and
``(ii) has appropriate experience in the
areas of environmental or occupational health,
toxicology, and safety, including experience
in--
``(I) developing clinical protocols
and conducting clinical health
examinations, including mental health
assessments;
``(II) conducting long-term health
monitoring and epidemiological studies;
``(III) conducting long-term mental
health studies; and
``(IV) establishing and maintaining
medical surveillance programs and
environmental exposure or disease
registries.
``(6) Involvement.--
``(A) In general.--In carrying out a program under
paragraph (1), the President shall involve interested
and affected parties, as appropriate, including
representatives of--
``(i) Federal, State, and local government
agencies;
``(ii) groups of individuals that worked or
volunteered in response to the disaster in the
disaster area;
``(iii) local residents, businesses, and
schools (including parents and teachers);
``(iv) health care providers;
``(v) faith based organizations; and
``(vi) other organizations and persons.
``(B) Committees.--Involvement under subparagraph
(A) may be provided through the establishment of an
advisory or oversight committee or board.
``(7) Privacy.--The President shall carry out each program
under paragraph (1) in accordance with regulations relating to
privacy promulgated under section 264(c) of the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
1320d-2 note; Public Law 104-191).
``(8) Existing programs.--In carrying out a program under
paragraph (1), the President may--
``(A) include the baseline clinical health
examination of a participating responder under a
certified monitoring programs; and
``(B) substitute the baseline clinical health
examination of a participating responder under a
certified monitoring program for a baseline clinical
health examination under paragraph (1).
``(c) Reports.--Not later than 1 year after the establishment of a
program under subsection (b)(1), and every 5 years thereafter, the
President, or the medical institution or consortium of such
institutions having entered into a cooperative agreement under
subsection (b)(5), may submit a report to the Secretary of Homeland
Security, the Secretary of Health and Human Services, the Secretary of
Labor, the Administrator of the Environmental Protection Agency, and
appropriate committees of Congress describing the programs and studies
carried out under the program.''.
(b) National Academy of Sciences Report on Disaster Area Health and
Environmental Protection and Monitoring.--
(1) In general.--The Secretary, the Secretary of Health and
Human Services, and the Administrator of the Environmental
Protection Agency shall jointly enter into a contract with the
National Academy of Sciences to conduct a study and prepare a
report on disaster area health and environmental protection and
monitoring.
(2) Participation of experts.--The report under paragraph
(1) shall be prepared with the participation of individuals who
have expertise in--
(A) environmental health, safety, and medicine;
(B) occupational health, safety, and medicine;
(C) clinical medicine, including pediatrics;
(D) environmental toxicology;
(E) epidemiology;
(F) mental health;
(G) medical monitoring and surveillance;
(H) environmental monitoring and surveillance;
(I) environmental and industrial hygiene;
(J) emergency planning and preparedness;
(K) public outreach and education;
(L) State and local health departments;
(M) State and local environmental protection
departments;
(N) functions of workers that respond to disasters,
including first responders;
(O) public health; and
(P) family services, such as counseling and other
disaster-related services provided to families.
(3) Contents.--The report under paragraph (1) shall provide
advice and recommendations regarding protecting and monitoring
the health and safety of individuals potentially exposed to any
chemical or other substance associated with potential acute or
chronic human health effects as the result of a disaster,
including advice and recommendations regarding--
(A) the establishment of protocols for monitoring
and responding to chemical or substance releases in a
disaster area to protect public health and safety,
including--
(i) chemicals or other substances for which
samples should be collected in the event of a
disaster, including a terrorist attack;
(ii) chemical- or substance-specific
methods of sample collection, including
sampling methodologies and locations;
(iii) chemical- or substance-specific
methods of sample analysis;
(iv) health-based threshold levels to be
used and response actions to be taken in the
event that thresholds are exceeded for
individual chemicals or other substances;
(v) procedures for providing monitoring
results to--
(I) appropriate Federal, State, and
local government agencies;
(II) appropriate response
personnel; and
(III) the public;
(vi) responsibilities of Federal, State,
and local agencies for--
(I) collecting and analyzing
samples;
(II) reporting results; and
(III) taking appropriate response
actions; and
(vii) capabilities and capacity within the
Federal Government to conduct appropriate
environmental monitoring and response in the
event of a disaster, including a terrorist
attack; and
(B) other issues specified by the Secretary, the
Secretary of Health and Human Services, and the
Administrator of the Environmental Protection Agency.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
subsection.
SEC. 1105. PILOT PROGRAM TO EXTEND CERTAIN COMMERCIAL OPERATIONS.
(a) In General.--During fiscal year 2007, the Commissioner shall
extend the hours of commercial operations at the port of entry located
at Santa Teresa, New Mexico, to a minimum of 16 hours a day.
(b) Report.--The Commissioner shall submit a report to the
appropriate congressional committees not later than September 30, 2007,
with respect to the extension of hours of commercial operations
described in subsection (a). The report shall include:
(1) an analysis of the impact of the extended hours of
operation on the port facility, staff, and trade volume handled
at the port; and
(2) recommendations regarding whether to extend such hours
of operation beyond fiscal year 2007.
SEC. 1106. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AIRPORTS.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, the Assistant Secretary for the Transportation
Security Administration shall submit to Congress a security plan for
Essential Air Service airports in the United States.
(b) Elements of Plan.--The security plan required by subsection (a)
shall include the following:
(1) Recommendations for improved security measures at such
airports.
(2) Recommendations for proper passenger and cargo security
screening procedures at such airports.
(3) A timeline for implementation of recommended security
measures or procedures at such airports.
(4) Cost analysis for implementation of recommended
security measures or procedures at such airports.
SEC. 1107. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS.
(a) Definitions.--In this section:
(1) Homeland security grant.--The term ``homeland security
grant'' means any grant made or administered by the Department,
including--
(A) the State Homeland Security Grant Program;
(B) the Urban Area Security Initiative Grant
Program;
(C) the Law Enforcement Terrorism Prevention
Program;
(D) the Citizen Corps; and
(E) the Metropolitan Medical Response System.
(2) Local government.--The term ``local government'' has
the meaning given the term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(b) Required Disclosures.--Each State or local government that
receives a homeland security grant shall, not later than 12 months
after the later of the date of enactment of this Act and the date of
receipt of such grant, and every 12 months thereafter until all funds
provided under such grant are expended, report to the Secretary a list
of all expenditures made by such State or local government using funds
from such grant.
SEC. 1108. INCLUSION OF THE TRANSPORTATION TECHNOLOGY CENTER IN THE
NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
The National Domestic Preparedness Consortium shall include the
Transportation Technology Center in Pueblo, Colorado.
SEC. 1109. TRUCKING SECURITY.
(a) Legal Status Verification for Licensed United States Commercial
Drivers.--Not later than 12 months after the date of the enactment of
this Act, the Secretary of Transportation, in cooperation with the
Secretary of Homeland Security, shall issue regulations to implement
the recommendations contained in the memorandum of the Inspector
General of the Department of Transportation issued on June 4, 2004
(Control No. 2004-054).
(b) Commercial Driver's License Anti-Fraud Programs.--Not later
than 12 months after the date of the enactment of this Act, the
Secretary of the Transportation, in conjunction with the Secretary of
the Department of Homeland Security, shall issue a regulation to
implement the recommendations contained in the Report on Federal Motor
Carrier Safety Administration Oversight of the Commercial Driver's
License Program (MH-2006-037).
(c) Verification of Commercial Motor Vehicle Traffic.--
(1) Guidelines.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall draft guidelines for Federal, State, and local law
enforcement officials, including motor carrier safety
enforcement personnel, to improve compliance with Federal
immigration and customs laws applicable to all commercial motor
vehicles and commercial motor vehicle operators engaged in
cross-border traffic.
(2) Verification.--Not later than 12 months after the date
of the enactment of this Act, the Administrator of the Federal
Motor Carrier Safety Administration shall modify the final rule
regarding the enforcement of operating authority (Docket No.
FMCSA-2002-13015) to establish a system or process by which a
carrier's operating authority can be verified during a roadside
inspection.
SEC. 1110. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR TICKETS
FOR SUSPENDED AIR PASSENGER SERVICE.
Section 145(c) of the Aviation and Transportation Security Act (49
U.S.C. 40101 note) is amended by striking ``November 19, 2005.'' and
inserting ``November 30, 2007.''.
SEC. 1111. MAN-PORTABLE AIR DEFENSE SYSTEMS.
(a) In General.--It is the sense of Congress that the budget of the
United States Government submitted by the President for fiscal year
2008 under section 1105(a) of title 31, United States Code, should
include an acquisition fund for the procurement and installation of
countermeasure technology, proven through the successful completion of
operational test and evaluation, to protect commercial aircraft from
the threat of Man-Portable Air Defense Systems (MANPADS).
(b) Definition of MANPADS.--In this section, the term ``MANPADS''
means--
(1) a surface-to-air missile system designed to be man-
portable and carried and fired by a single individual; and
(2) any other surface-to-air missile system designed to be
operated and fired by more than one individual acting as a crew
and portable by several individuals.
SEC. 1112. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER AIR WING.
In addition to any other amounts authorized to be appropriated for
Air and Marine Operations of United States Customs and Border
Protection, there are authorized to be appropriated for fiscal year
2007 and 2008 for operating expenses of the Northern Border Air Wing,
$40,000,000 for the branch in Great Falls, Montana.
SEC. 1113. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS CHECKS.
(a) Study.--The Comptroller General of the United States shall
conduct a study of background records checks carried out by Federal
departments and agencies that are similar to the background records
check required under section 5103a of title 49, United States Code, to
identify redundancies and inefficiencies in connection with such
checks.
(b) Contents.--In conducting the study, the Comptroller General of
the United States shall review, at a minimum, the background records
checks carried out by--
(1) the Secretary of Defense;
(2) the Secretary of Homeland Security; and
(3) the Secretary of Energy.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress on the results of the study,
including--
(1) an identification of redundancies and inefficiencies
referred to in subsection (a); and
(2) recommendations for eliminating such redundancies and
inefficiencies.
SEC. 1114. PHASE-OUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
Notwithstanding section 27 of the Merchant Marine Act, 1920 (46
U.S.C. App. 883) and sections 12105(c) and 12106 of title 46, United
States Code, a foreign-flag vessel may be employed for the movement or
transportation of anchors for operations in support of exploration of
offshore mineral or energy resources in the Beaufort Sea or the Chukchi
Sea by or on behalf of a lessee--
(1) until January 1, 2010, if the Secretary of the
department in which the Coast Guard is operating determines
that insufficient eligible vessels documented under chapter 121
of title 46, United States Code, are reasonably available and
suitable for these support operations; and
(2) during the period beginning January 1, 2010, and ending
December 31, 2012, if the Secretary determines that--
(A) the lessee has entered into a binding agreement
to use eligible vessels documented under chapter 121 of
title 46, United States Code, in sufficient numbers and
with sufficient suitability to replace foreign flag
vessels operating under this section; and
(B) the Secretary determines that no eligible
vessel documented under chapter 121 of title 46, United
States Code, is reasonably available and suitable for
these support operations to replace any foreign flag
vessel operating under this section.
SEC. 1115. COAST GUARD PROPERTY IN PORTLAND, MAINE.
Section 347(c) of the Maritime Transportation Security Act of 2002
(Public Law 107-295; 116 Stat. 2109) is amended by striking ``within 30
months from the date of conveyance.'' and inserting ``by December 31,
2009.''.
SEC. 1116. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR CHEMICALS.
(a) Compliance With Performance Plan Requirements.--For each of the
fiscal years of 2007, 2009, and 2011, as part of the annual performance
plan required in the budget submission of the United States Customs and
Border Protection under section 1115 of title 31, United States Code,
the Commissioner shall establish performance indicators relating to the
seizure of methamphetamine and methamphetamine precursor chemicals in
order to evaluate the performance goals of the United States Customs
and Border Protection with respect to the interdiction of illegal drugs
entering the United States.
(b) Study and Report Relating to Methamphetamine and
Methamphetamine Precursor Chemicals.--
(1) Analysis.--The Commissioner shall, on an ongoing basis,
analyze the movement of methamphetamine and methamphetamine
precursor chemicals into the United States. In conducting the
analysis, the Commissioner shall--
(A) consider the entry of methamphetamine and
methamphetamine precursor chemicals through ports of
entry, between ports of entry, through the mails, and
through international courier services;
(B) examine the export procedures of each foreign
country where the shipments of methamphetamine and
methamphetamine precursor chemicals originate and
determine if changes in the country's customs over time
provisions would alleviate the export of
methamphetamine and methamphetamine precursor
chemicals; and
(C) identify emerging trends in smuggling
techniques and strategies.
(2) Report.--Not later than September 30, 2007, and each 2-
year period thereafter, the Commissioner, in the consultation
with the United States Immigration and Customs Enforcement, the
United States Drug Enforcement Administration, and the United
States Department of State, shall submit a report to the
Committee on Finance and the Committee on Foreign Relations of
the Senate, and the Committee on Ways and Means and the
Committee on International Relations of the House of
Representatives, that includes--
(A) a comprehensive summary of the analysis
described in paragraph (1); and
(B) a description of how the Untied States Customs
and Border Protection utilized the analysis described
in paragraph (1) to target shipments presenting a high
risk for smuggling or circumvention of the Combat
Methamphetamine Epidemic Act of 2005 (Public Law 109-
177).
(3) Availability of analysis.--The Commissioner shall
ensure that the analysis described in paragraph (1) is made
available in a timely manner to the Secretary of State to
facilitate the Secretary in fulfilling the Secretary's
reporting requirements in section 722 of the Combat
Methamphetamine Epidemic Act of 2005.
(c) Definition.--In this section, the term ``methamphetamine
precursor chemicals'' means the chemicals ephedrine, pseudoephedrine,
or phenylpropanolamine, including each of the salts, optical isomers,
and salts of optical isomers of such chemicals.
SEC. 1117. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING PROGRAM.
(a) Implementation Status.--Within 180 days after the date of
enactment of this Act, the Comptroller General shall assess the
Department of Homeland Security's aircraft charter customer and lessee
prescreening process mandated by section 44903(j)(2) of title 49,
United States Code, and report on the status of the program, its
implementation, and its use by the general aviation charter and rental
community and report the findings, conclusions, and recommendations, if
any, of such assessment to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee on
Homeland Security.
Attest:
Secretary.
109th CONGRESS
2d Session
H. R. 4954
_______________________________________________________________________
AMENDMENT