[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4954 Enrolled Bill (ENR)]
H.R.4954
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
To improve maritime and cargo security through enhanced layered
defenses, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Security and
Accountability For Every Port Act of 2006'' or the ``SAFE Port Act''.
(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. Study to identify redundant background records checks.
Sec. 106. Prohibition of issuance of transportation security cards to
persons convicted of certain felonies.
Sec. 107. Long-range vessel tracking.
Sec. 108. Establishment of interagency operational centers for port
security.
Sec. 109. Notice of arrival for foreign vessels on the Outer Continental
Shelf.
Sec. 110. Enhanced crewmember identification.
Subtitle B--Port Security Grants; Training and Exercise Programs
Sec. 111. Risk assessment tool.
Sec. 112. Port security grants.
Sec. 113. Port Security Training Program.
Sec. 114. Port Security Exercise Program.
Sec. 115. Facility exercise requirements.
Subtitle C--Port Operations
Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Inspection of car ferries entering from abroad.
Sec. 123. Random searches of containers.
Sec. 124. Work stoppages and employee-employer disputes.
Sec. 125. Threat assessment screening of port truck drivers.
Sec. 126. Border Patrol unit for United States Virgin Islands.
Sec. 127. Report on arrival and departure manifests for certain
commercial vessels in the United States Virgin Islands.
Sec. 128. Center of Excellence for Maritime Domain Awareness.
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. Third party validations.
Sec. 219. Revalidation.
Sec. 220. Noncontainerized cargo.
Sec. 221. C-TPAT program management.
Sec. 222. Additional personnel.
Sec. 223. Authorization of appropriations.
Subtitle C--Miscellaneous Provisions
Sec. 231. Pilot integrated scanning system.
Sec. 232. Screening and scanning of cargo containers.
Sec. 233. International cooperation and coordination.
Sec. 234. Foreign port assessments.
Sec. 235. Pilot program to improve the security of empty containers.
Sec. 236. Information sharing relating to supply chain security
cooperation.
TITLE III--ADMINISTRATION
Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology
Advisory Committee.
Sec. 303. Research, development, test, and evaluation efforts in
furtherance of maritime and cargo security.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
Sec. 401. Trade and customs revenue functions of the department.
Sec. 402. Office of international trade; oversight.
Sec. 403. Resources.
Sec. 404. Negotiations.
Sec. 405. International Trade Data System.
Sec. 406. In-bond cargo.
Sec. 407. Sense of the Senate.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 501. Establishment of Domestic Nuclear Detection Office.
Sec. 502. Technology research and development investment strategy for
nuclear and radiological detection.
TITLE VI--COMMERCIAL MOBILE SERVICE ALERTS
Sec. 601. Short title.
Sec. 602. Federal Communications Commission duties.
Sec. 603. Commercial Mobile Service Alert Advisory Committee.
Sec. 604. Research and development.
Sec. 605. Grant program for remote community alert systems.
Sec. 606. Funding.
Sec. 607. Essential services disaster assistance.
Sec. 608. Community disaster loans.
Sec. 609. Public facilities.
Sec. 610. Expedited payments.
Sec. 611. Use of local contracting.
Sec. 612. FEMA programs.
Sec. 613. Homeland security definition.
TITLE VII--OTHER MATTERS
Sec. 701. Security plan for essential air service and small community
airports.
Sec. 702. Disclosures regarding homeland security grants.
Sec. 703. Trucking security.
Sec. 704. Air and Marine Operations of the Northern Border Air Wing.
Sec. 705. Phaseout of vessels supporting oil and gas development.
Sec. 706. Coast Guard property in Portland, Maine.
Sec. 707. Methamphetamine and methamphetamine precursor chemicals.
Sec. 708. Aircraft charter customer and lessee prescreening program.
Sec. 709. Protection of health and safety during disasters.
TITLE VIII--UNLAWFUL INTERNET GAMBLING ENFORCEMENT
Sec. 801. Short title.
Sec. 802. Prohibition on acceptance of any payment instrument for
unlawful Internet gambling.
Sec. 803. Internet gambling in or through foreign jurisdictions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as otherwise
provided, 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;
(H) the Committee on Ways and Means of the House of
Representatives; and
(I) other congressional committees, as appropriate.
(2) Commercial operations advisory committee.--The term
``Commercial Operations Advisory Committee'' means the Advisory
Committee established pursuant to section 9503(c) of the Omnibus
Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) or any
successor committee.
(3) Commercial seaport personnel.--The term ``commercial
seaport personnel'' includes any person engaged in an activity
relating to the loading or unloading of cargo or passengers, 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.
(4) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for the United States Customs and Border
Protection of the Department of Homeland Security.
(5) 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).
(6) 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.
(7) Department.--The term ``Department'' means the Department
of Homeland Security.
(8) 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.
(9) 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.
(10) International supply chain.--The term ``international
supply chain'' means the end-to-end process for shipping goods to
or from the United States beginning at the point of origin
(including manufacturer, supplier, or vendor) through a point of
distribution to the destination.
(11) 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.
(12) Scan.--The term ``scan'' means utilizing nonintrusive
imaging equipment, radiation detection equipment, or both, to
capture data, including images of a container.
(13) 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.
(14) 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.
(15) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(16) 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 (as defined in section 70101(6) of title 46, United States
Code).
(17) 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 persons engaged in
the surface transportation of intermodal containers in or out
of a port facility'';
(B) in subparagraph (F), by striking ``and'' at the end;
(C) in subparagraph (G), by striking the period at the end
and inserting ``; and''; and
(D) by adding at the end the following:
``(H) in the case of a security plan for a facility, be
resubmitted for approval of each change in the ownership or
operator of the facility that may substantially affect the security
of the facility.''; and
(2) by adding at the end the following:
``(8)(A) The Secretary shall require that the qualified individual
having full authority to implement security actions for a facility
described in paragraph (2) shall be a citizen of the United States.
``(B) The Secretary may waive the requirement of subparagraph (A)
with respect to an individual if the Secretary determines that it is
appropriate to do so based on a complete background check of the
individual and a review of all terrorist watch lists to ensure that the
individual is not identified on any such terrorist watch list.''.
SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.
Section 70103(c)(4)(D) of title 46, United States Code, is amended
to read as follows:
``(D) subject to the availability of appropriations, verify the
effectiveness of each such facility security plan periodically, but
not less than 2 times per year, 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 Mariners' 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 applying for a transportation security card under this
section who has passed a background check under section 5103a(d) of
title 49, United States Code, and who has a current hazardous materials
endorsement in accordance with section 1572 of title 49, Code of
Federal Regulations, and each individual with a current merchant
mariners' document who has passed a criminal background check under
section 7302(d)--
``(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, except for any incremental
costs in the event that the scope of such background checks
diverge.
``(i) Implementation Schedule.--In implementing the transportation
security card program under this section, the Secretary shall--
``(1) establish a priority for each United States port based on
risk, including vulnerabilities assessed under section 70102; and
``(2) implement the program, based upon such risk and other
factors as determined by the Secretary, at all facilities regulated
under this chapter at--
``(A) the 10 United States ports that the Secretary
designates top priority 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 mariners' documents on
the date of the enactment of the SAFE Port Act.
``(k) Deployment of Transportation Security Card Readers.--
``(1) Pilot program.--
``(A) In general.--The Secretary shall conduct a pilot
program to test the business processes, technology, and
operational impacts required to deploy transportation security
card readers at secure areas of the marine transportation
system.
``(B) Geographic locations.--The pilot program shall take
place at not fewer than 5 distinct geographic locations, to
include vessels and facilities in a variety of environmental
settings.
``(C) Commencement.--The pilot program shall commence not
later than 180 days after the date of the enactment of the SAFE
Port Act.
``(2) Correlation with transportation security cards.--
``(A) In general.--The pilot program described in paragraph
(1) shall be conducted concurrently with the issuance of the
transportation security cards described in subsection (b) to
ensure card and card reader interoperability.
``(B) Fee.--An individual charged a fee for a
transportation security card issued under this section may not
be charged an additional fee if the Secretary determines
different transportation security cards are needed based on the
results of the pilot program described in paragraph (1) or for
other reasons related to the technology requirements for the
transportation security card program.
``(3) Regulations.--Not later than 2 years after the
commencement of the pilot program under paragraph (1)(C), the
Secretary, after a notice and comment period that includes at least
1 public hearing, shall promulgate final regulations that require
the deployment of transportation security card readers that are
consistent with the findings of the pilot program and build upon
the regulations prescribed under subsection (a).
``(4) Report.--Not later than 120 days before the promulgation
of regulations under paragraph (3), the Secretary shall submit a
comprehensive report to the appropriate congressional committees
(as defined in section 2(1) of SAFE Port Act) that includes--
``(A) the findings of the pilot program with respect to
technical and operational impacts of implementing a
transportation security card reader system;
``(B) any actions that may be necessary to ensure that all
vessels and facilities to which this section applies are able
to comply with such regulations; 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 SAFE Port Act, 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(1) of the SAFE Port Act).
``(m) Limitation.--The Secretary may not require the placement of
an electronic reader for transportation security cards on a vessel
unless--
``(1) the vessel has more individuals on the crew that are
required to have a transportation security card than the number the
Secretary determines, by regulation issued under subsection (k)(3),
warrants such a reader; or
``(2) the Secretary determines that the vessel is at risk of a
severe transportation security incident.''.
(b) Clarification of Eligibility for Transportation Security
Cards.--Section 70105 of title 46, United States Code, is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(C) 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.''; and
(2) in subsection (c)(2), by inserting ``subparagraph (A), (B),
or (D)'' before ``paragraph (1)''.
(c) Deadline for Section 70105 Regulations.--Not later than January
1, 2007, the Secretary shall promulgate final regulations implementing
the requirements for issuing transportation security cards under
section 70105 of title 46, United States Code. 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. 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 for the
Department 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) 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. 106. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS
TO PERSONS CONVICTED OF CERTAIN FELONIES.
The Secretary, in issuing a final rule pursuant to section 70105 of
title 46, United States Code, shall provide for the disqualification of
individuals who have been found guilty or have been found not guilty by
reason of insanity of a felony, involving--
(1) treason, or conspiracy to commit treason;
(2) espionage, or conspiracy to commit espionage;
(3) sedition, or conspiracy to commit sedition; or
(4) a crime listed in chapter 113B of title 18, United States
Code, a comparable State law, or conspiracy to commit such crime.
SEC. 107. 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. 108. 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 SAFE Port
Act.
``(b) Characteristics.--The interagency operational centers
established under this section shall--
``(1) utilize, as appropriate, the compositional and
operational characteristics of existing centers, including--
``(A) the pilot project interagency operational centers for
port security in Miami, Florida; Norfolk/Hampton Roads,
Virginia; Charleston, South Carolina; and 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) in addition to the Coast Guard, provide, as the Secretary
determines appropriate, for participation by representatives of the
United States Customs and Border Protection, the United States
Immigration and Customs Enforcement, 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 SAFE Port
Act;
``(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.
``(d) Security Incidents.--During a transportation security
incident on or adjacent to waters subject to the jurisdiction of the
United States, the Coast Guard Captain of the Port designated by the
Commandant of the Coast Guard in a maritime security command center
described in subsection (a) shall act as the incident commander, unless
otherwise directed by the President.
``(e) Rule of Construction.--Nothing in this section shall be
construed to affect the normal command and control procedures for
operational entities in the Department, unless so directed by the
Secretary.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated $60,000,000 for each of the fiscal years 2007 through 2012
to carry out this section.''.
(b) 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 of the
department in which the Coast Guard is operating 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. 109. 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 of the department in which the
Coast Guard is operating shall update and finalize the rulemaking on
notice of arrival for foreign vessels on the Outer Continental Shelf.
(b) Content of Regulations.--The regulations promulgated pursuant
to subsection (a) 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.
SEC. 110. ENHANCED CREWMEMBER IDENTIFICATION.
Section 70111 of title 46, United States Code, is amended--
(1) in subsection (a) by striking ``The'' and inserting ``Not
later than 1 year after the date of enactment of the SAFE Port Act,
the''; and
(2) in subsection (b) by striking ``The'' and inserting ``Not
later than 1 year after the date of enactment of the SAFE Port Act,
the''.
Subtitle B--Port Security Grants; Training and Exercise Programs
SEC. 111. RISK ASSESSMENT TOOL.
In updating Area Maritime Security Plans required under section
70103(b)(2)(F) of title 46, United States Code, and in applying for
grants under section 70107 of such title, the Secretary of the
Department in which the Coast Guard is operating shall make available,
and Area Maritime Security Committees may use a risk assessment tool
that uses standardized risk criteria, such as the Maritime Security
Risk Assessment Tool used by the Coast Guard.
SEC. 112. 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) Eligible Uses.--Section 70107(b) of title 46, United States
Code, is amended--
(1) in paragraph (2), by inserting after ``crewmembers.'' the
following: ``Grants awarded under this section may not be used to
construct buildings or other physical facilities, except those
which are constructed under terms and conditions consistent with
the requirements under section 611(j)(8) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121(j)(8)), including those facilities in support of this
paragraph, and specifically approved by the Secretary. Costs
eligible for funding under this paragraph may not exceed the
greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total amount
of the grant.''; and
(2) by adding at the end the following:
``(5) The cost of conducting exercises or training for
prevention and detection of, preparedness for, response to, or
recovery from terrorist attacks.
``(6) The cost of establishing or enhancing mechanisms for
sharing terrorism threat information and ensuring that the
mechanisms are interoperable with Federal, State, and local
agencies.
``(7) The cost of equipment (including software) required to
receive, transmit, handle, and store classified information.''.
(c) Multiple-Year Projects, Etc.--Section 70107 of title 46, United
States Code, is amended--
(1) by redesignating subsections (e), (f), (g), (h), and (i) as
subsections (i), (j), (k), (l), and (m), respectively, and by
inserting after subsection (d) the following:
``(e) Multiple-Year Projects.--
``(1) Letters of intent.--The Secretary may execute letters of
intent to commit funding to such authorities, operators, and
agencies.
``(2) Limitation.--Not more than 20 percent of the grant funds
awarded under this subsection in any fiscal year may be awarded for
projects that span multiple years.
``(f) Consistency With Plans.--The Secretary shall ensure that each
grant awarded under subsection (e)--
``(1) is used to supplement and support, in a consistent and
coordinated manner, the applicable Area Maritime Transportation
Security Plan; and
``(2) is coordinated with any applicable State or Urban Area
Homeland Security Plan.
``(g) Applications.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a grant
under this section, at such time, in such form, and containing such
information and assurances as the Secretary may require.
``(h) Reports.--Not later than 180 days after the date of the
enactment of the SAFE Port Act, 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.''; and
(2) in subsection (i)(1), as redesignated, by striking
``program'' and inserting ``Secretary''.
(d) Authorization of Appropriations.--Section 70107(l) of title 46,
United States Code, as redesignated, 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 striking ``national economic and strategic defense
concerns'' and inserting ``national economic, energy, and strategic
defense concerns based upon the most current risk assessments
available''.
SEC. 113. 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 ``Training Program'') for the purpose of enhancing
the capabilities of each facility required to submit a plan under
section 70103(c) of title 46, United States Code, 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 Training 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) facility security plans and procedures, including how
security plans and procedures are adjusted when threat levels
increase;
(B) facility security force operations and management;
(C) physical security and access control at facilities;
(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 individuals in neighborhoods
around facilities required to submit a plan under section 70103(c)
of title 46, United States Code, on how to observe and report
security risks.
(c) Vessel and Facility Security Plans.--Section 70103(c)(3) of
title 46, United States Code, is amended--
(1) by redesignating subparagraphs (F), (G), and (H) (as added
by section 102(1)(D)) as subparagraphs (G), (H), and (I),
respectively; and
(2) by inserting after subparagraph (E) the following:
``(F) provide a strategy and timeline for conducting training
and periodic unannounced drills;''.
(d) Consultation.--The Secretary shall ensure that, in carrying out
the Program, the Office of Grants and Training shall consult with
commercial seaport personnel and management.
(e) Training Partners.--In developing and delivering training under
the Training 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 nongovernmental 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. 114. 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, shall establish a Port Security Exercise Program (referred to in
this section as the ``Exercise 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 facilities required to submit a plan under section
70103(c) of title 46, United States Code.
(b) Requirements.--The Secretary shall ensure that the Exercise
Program--
(1) conducts, on a periodic basis, port security exercises at
such facilities that are--
(A) scaled and tailored to the needs of each facility;
(B) live, in the case of the most at-risk facilities;
(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,
commercial 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 facilities 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 exercise 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 Exercise Program;
(3) monitor the implementation of lessons learned and best
practices by participants in the Exercise Program; and
(4) conduct remedial action tracking and long-term trend
analysis.
SEC. 115. FACILITY EXERCISE REQUIREMENTS.
The Secretary of the Department in which the Coast Guard is
operating shall require each high risk facility to conduct live or
full-scale exercises described in section 105.220(c) of title 33, Code
of Federal Regulations, not less frequently than once every 2 years, in
accordance with the facility security plan required under section
70103(c) of title 46, United States Code.
Subtitle C--Port Operations
SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) Scanning Containers.--Subject to section 1318 of title 19,
United States Code, not later than December 31, 2007, all containers
entering the United States through the 22 ports through which the
greatest volume of containers enter the United States by vessel shall
be scanned for radiation. To the extent practicable, the Secretary
shall deploy next generation radiation detection technology.
(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 and a radiation risk
reduction plan, in consultation with the Nuclear Regulatory
Commission, the Occupational Safety and Health Administration, and
the National Institute for Occupational Safety and Health, that
seeks to minimize radiation exposure of workers and the public to
levels as low as reasonably achievable;
(7) the policy of the Department for using nonintrusive imaging
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
submission of the report under subsection (c), the Secretary shall
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 to the appropriate congressional committees a report on the
feasibility of, and a strategy for, the development of equipment to
detect and prevent shielded nuclear and radiological threat material
and chemical, biological, and other weapons of mass destruction from
entering the United States.
(f) Standards.--The Secretary, acting through the Director for
Domestic Nuclear Detection and in collaboration 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 not 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 an
Intermodal Rail Radiation Detection Test Center (referred to in
this subsection as the ``Test Center'').
(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 Center shall be located within a public
port facility at which a majority of the containerized cargo is
directly laden from (or unladen to) on-dock, intermodal rail.
SEC. 122. 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 facility required to submit a plan under section
70103(c) of title 46, United States Code.
SEC. 123. 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. 124. 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
employee-related action not related to terrorism and resulting from an
employee-employer dispute.''.
SEC. 125. THREAT ASSESSMENT SCREENING OF PORT TRUCK DRIVERS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall implement a threat assessment screening, including
name-based checks against terrorist watch lists and immigration status
check, for all port truck drivers with access to secure areas of a port
who have a commercial driver's license but do not have a current and
valid hazardous materials endorsement issued in accordance with section
1572 of title 49, Code of Federal Regulations, 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).
SEC. 126. BORDER PATROL UNIT FOR UNITED STATES VIRGIN ISLANDS.
(a) In General.--The Secretary may establish at least 1 Border
Patrol unit for the United States Virgin Islands.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes the schedule, if
any, for carrying out subsection (a).
SEC. 127. REPORT ON ARRIVAL AND DEPARTURE MANIFESTS FOR CERTAIN
COMMERCIAL VESSELS IN THE UNITED STATES VIRGIN ISLANDS.
Not later than 90 days after the date of the enactment of this Act,
the Secretary shall submit to the appropriate congressional committees
a report on the impact of implementing the requirements of section 231
of the Immigration and Nationality Act (8 U.S.C. 1221) (relating to
providing United States border officers with arrival and departure
manifests) with respect to commercial vessels that are fewer than 300
gross tons and operate exclusively between the territorial waters of
the United States Virgin Islands and the territorial waters of the
British Virgin Islands.
SEC. 128. CENTER OF EXCELLENCE FOR MARITIME DOMAIN AWARENESS.
(a) Establishment.--The Secretary shall establish a university-
based Center for Excellence for Maritime Domain Awareness following the
merit-review processes and procedures that have been established by the
Secretary for selecting university program centers of excellence.
(b) Duties.--The Center established under subsection (a) shall--
(1) prioritize its activities based on the ``National Plan To
Improve Maritime Domain Awareness'' published by the Department in
October 2005;
(2) recognize the extensive previous and ongoing work and
existing competence in the field of maritime domain awareness at
numerous academic and research institutions, such as the Naval
Postgraduate School;
(3) leverage existing knowledge and continue development of a
broad base of expertise within academia and industry in maritime
domain awareness; and
(4) provide educational, technical, and analytical assistance
to Federal agencies with responsibilities for maritime domain
awareness, including the Coast Guard, to focus on the need for
interoperability, information sharing, and common information
technology standards and architecture.
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 recommended by the Commissioner;
(7) consider the impact of supply chain security requirements
on small- and medium-sized 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;
(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, the National Maritime
Transportation Security Plan, the National Strategy for Maritime
Security, 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,
the International Labor 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 270 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.--The Secretary shall develop and update, as
necessary, protocols for the resumption of trade in accordance with
section 201(b)(10) in the event of a transportation disruption or a
transportation security incident. The protocols shall include--
(1) the identification of the appropriate initial incident
commander, if the Commandant of the Coast Guard is not the
appropriate person, and lead departments, agencies, or offices to
execute such protocols;
(2) a plan to redeploy resources and personnel, as necessary,
to reestablish the flow of trade;
(3) a plan to provide training for the periodic instruction of
personnel of the United States Customs and Border Protection, the
Coast Guard, and the Transportation Security Administration in
trade resumption functions and responsibilities; and
(4) appropriate factors for establishing prioritization of
vessels and cargo determined by the President to be critical for
response and recovery, including factors relating to public health,
national security, and economic need.
(b) Vessels.--In determining the prioritization of vessels
accessing facilities (as defined under section 70101 of title 46,
United States Code), the Commandant of the Coast Guard may, to the
extent practicable and consistent with the protocols and plans required
under this section to ensure the safe and secure transit of vessels to
ports in the United States after a transportation security incident,
give priority to a vessel--
(1) that has an approved security plan 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) that is manned by individuals who are described in section
70105(b)(2)(B) of title 46, United States Code; and
(3) that is operated by validated participants in the Customs-
Trade Partnership Against Terrorism program.
(c) Cargo.--In determining the prioritization of the resumption of
the flow of cargo and consistent with the protocols established under
this section, the Commissioner may give preference to cargo--
(1) entering a port of entry directly from a foreign seaport
designated under the Container Security Initiative;
(2) from the supply chain of a validated C-TPAT participant and
other private sector entities, as appropriate; or
(3) that has undergone--
(A) a nuclear or radiological detection scan;
(B) an x-ray, density, or other imaging scan; and
(C) a system to positively identify the container at the
last port of departure prior to arrival in the United States,
which data has been evaluated and analyzed by personnel of the
United States Customs and Border Protection.
(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, 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) Requirement.--The Secretary, acting through the Commissioner,
shall require the electronic transmission to the Department of
additional data elements for improved high-risk targeting, including
appropriate security elements of entry data, as determined by the
Secretary, to be provided as advanced information with respect to cargo
destined for importation into the United States prior to loading of
such cargo on vessels at foreign seaports.
(c) 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.
(d) Regulations.--The Secretary shall promulgate regulations to
carry out this section. In promulgating such regulations, the Secretary
shall adhere to the parameters applicable to the development of
regulations under section 343(a) of the Trade Act of 2002 (19 U.S.C.
2071 note), including provisions relating to consultation, technology,
analysis, use of information, confidentiality, and timing requirements.
(e) 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, which would incorporate smart features, such as more
complex algorithms and real-time intelligence, instead of relying
solely on rule sets that are periodically updated;
(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;
(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; and
(5) develop a schedule to address the recommendations of the
Comptroller General of the United States, the Inspector General of
the Department of the Treasury, and the Inspector General of the
Department with respect to the operation of the Automated Targeting
System.
(f) Secure Transmission of Certain Information.--All information
required by the Department from supply chain partners shall be
transmitted in a secure fashion, as determined by the Secretary, so as
to protect the information from unauthorized access.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Customs and Border Protection to
carry out the Automated Targeting System for identifying high-risk
oceanborne container cargo for inspection--
(1) $33,200,000 for fiscal year 2008;
(2) $35,700,000 for fiscal year 2009; and
(3) $37,485,000 for fiscal year 2010.
SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.
(a) Establishment.--
(1) In general.--Not later than 90 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 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
submit 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.
(4) Deadline for enforcement.--Not later than 2 years after the
date on which the standards and procedures are established pursuant
to paragraph (1), all containers bound for ports of entry in the
United States shall meet such standards and procedures.
(b) Review and Enhancement.--The Secretary shall regularly review
and enhance the standards and procedures established pursuant to
subsection (a), as appropriate, based on tests of technologies as they
become commercially available to detect container intrusion and the
highest consequence threats, particularly weapons of mass destruction.
(c) International Cargo Security Standards.--The Secretary, in
consultation with the Secretary of State, the Secretary of Energy, and
other Federal 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, the
International Organization for Standardization, the International Labor
Organization, and the World Customs Organization.
(d) International Trade and Other Obligations.--In carrying out
this section, the Secretary shall consult with appropriate Federal
departments and agencies and private sector stakeholders and ensure
that actions under this section do not violate international trade
obligations or other international obligations of the United States.
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'' or ``CSI'') 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 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 cooperating with the Department
in sharing critical data and risk management information and to
maintain programs to ensure employee integrity; 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.--
(1) Requirements and procedures.--The Secretary shall--
(A) establish minimum technical capability criteria and
standard operating procedures for the use of nonintrusive
inspection and nuclear and radiological detection systems in
conjunction with CSI;
(B) require each port designated under CSI to operate
nonintrusive inspection and nuclear and radiological detection
systems in accordance with the technical capability criteria
and standard operating procedures established under
subparagraph (A);
(C) continually monitor the technologies, processes, and
techniques used to inspect cargo at ports designated under CSI
to ensure adherence to such criteria and the use of such
procedures; and
(D) consult with the Secretary of Energy in establishing
the minimum technical capability criteria and standard
operating procedures established under subparagraph (A)
pertaining to radiation detection technologies to promote
consistency in detection systems at foreign ports designated
under CSI.
(2) Constraints.--The criteria and procedures established under
paragraph (1)(A)--
(A) shall be consistent, as practicable, 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;
(B) shall not apply to activities conducted under the
Megaports Initiative of the Department of Energy; and
(C) 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.
(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--
(1) coordinate with the Secretary of Energy, as necessary, to
provide radiation detection equipment required to support the
Container Security Initiative through the Department of Energy's
Second Line of Defense Program and Megaports Initiative; or
(2) work with the private sector or host governments, when
possible, to obtain radiation detection equipment that meets 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) Prohibition.--
(1) In general.--The Secretary shall issue a ``do not load''
order, using existing authorities, to prevent the onload of any
cargo loaded at a port designated under CSI that has been
identified as high risk, including by the Automated Targeting
System, unless the cargo is determined to no longer be high risk
through--
(A) a scan of the cargo with nonintrusive imaging equipment
and radiation detection equipment;
(B) a search of the cargo; or
(C) additional information received by the Department.
(2) Rule of construction.--Nothing in this subsection shall be
construed to interfere with the ability of the Secretary to deny
entry of any cargo into the United States.
(l) 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 committees 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;
(F) the rationale for the continuance of each port
designated under CSI;
(G) a description of the potential for remote targeting to
decrease the number of personnel who are deployed at foreign
ports under CSI; and
(H) 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).
(m) Authorization of Appropriations.--There are authorized to be
appropriated to the United States Customs and Border Protection 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) Timeframe.--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.
(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) submission of additional information regarding cargo prior
to loading, as determined by the Secretary;
(3) utilization of container security devices, technologies,
policies, or practices 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) further reduction in examinations of cargo;
(3) priority for examinations of cargo; and
(4) further reduction in the risk score assigned pursuant to
the Automated Targeting System; and
(5) 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. The Commissioner shall develop procedures that provide
appropriate protections to C-TPAT participants before benefits are
revoked. Such procedures may not limit the ability of the Commissioner
to take actions to protect the national security of the United States.
(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, after the completion of
the process under subsection (c), 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. THIRD PARTY VALIDATIONS.
(a) Plan.--The Secretary, acting through the Commissioner, shall
develop a plan to implement a 1-year voluntary pilot program to test
and assess the feasibility, costs, and benefits of using third party
entities to conduct validations of C-TPAT participants.
(b) Consultations.--Not later than 120 days after the date of the
enactment of this Act, after consulting with private sector
stakeholders, including the Commercial Operations Advisory Committee,
the Secretary shall submit a report to the appropriate congressional
committees on the plan described in subsection (a).
(c) Pilot Program.--
(1) In general.--Not later than 1 year after the consultations
described in subsection (b), the Secretary shall carry out the 1-
year pilot program to conduct validations of C-TPAT participants
using third party entities described in subsection (a).
(2) Authority of the secretary.--The decision to validate a C-
TPAT participant is solely within the discretion of the Secretary,
or the Secretary's designee.
(d) Certification of Third Party Entities.--The Secretary shall
certify a third party entity to conduct validations under subsection
(c) if the entity--
(1) demonstrates to the satisfaction of the Secretary that the
entity has the ability to perform validations in accordance with
standard operating procedures and requirements designated by the
Secretary; and
(2) agrees--
(A) to perform validations in accordance with such standard
operating procedures and requirements (and updates to such
procedures and requirements); and
(B) to maintain liability insurance coverage at policy
limits and in accordance with conditions to be established by
the Secretary; and
(3) signs an agreement to protect all proprietary information
of C-TPAT participants with respect to which the entity will
conduct validations.
(e) Information for Establishing Limits of Liability Insurance.--A
third party entity seeking a certificate under subsection (d) shall
submit to the Secretary necessary information for establishing the
limits of liability insurance required to be maintained by the entity
under this Act.
(f) Additional Requirements.--The Secretary shall ensure that--
(1) any third party entity certified under this section does
not have--
(A) any beneficial interest in or any direct or indirect
control over the C-TPAT participant for which the validation
services are performed; or
(B) any other conflict of interest with respect to the C-
TPAT participant; and
(2) the C-TPAT participant has entered into a contract with the
third party entity under which the C-TPAT participant agrees to pay
all costs associated with the validation.
(g) Monitoring.--
(1) In general.--The Secretary shall regularly monitor and
inspect the operations of a third party entity conducting
validations under subsection (c) to ensure that the entity is
meeting the minimum standard operating procedures and requirements
for the validation of C-TPAT participants established by the
Secretary and all other applicable requirements for validation
services.
(2) Revocation.--If the Secretary determines that a third party
entity is not meeting the minimum standard operating procedures and
requirements designated by the Secretary under subsection (d)(1),
the Secretary shall--
(A) revoke the entity's certificate of conformance issued
under subsection (d)(1); and
(B) review any validations conducted by the entity.
(h) Limitation on Authority.--The Secretary may only grant a C-TPAT
validation by a third party entity pursuant to subsection (c) if the C-
TPAT participant voluntarily submits to validation by such third party
entity.
(i) Report.--Not later than 30 days after the completion of the
pilot program conducted pursuant to subsection (c), the Secretary shall
submit a report to the appropriate congressional committees that
contains--
(1) the results of the pilot program, including the extent to
which the pilot program ensured sufficient protection for
proprietary commercial information;
(2) the cost and efficiency associated with validations under
the pilot program;
(3) the impact of the pilot program on the rate of validations
conducted under C-TPAT;
(4) any impact on national security of the pilot program; and
(5) any recommendations by the Secretary based upon the results
of the pilot program.
SEC. 219. 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 4-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. 220. 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. 221. 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.
(d) 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 postincident trade resumption for
personnel who administer the C-TPAT program.
(e) Report to Congress.--In connection with the President's annual
budget submission for the Department, 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.
SEC. 222. ADDITIONAL PERSONNEL.
For fiscal years 2008 and 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 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 amounts otherwise
appropriated to the United States Customs and Border Protection, 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 2008;
(2) $17,600,000 for fiscal year 2009;
(3) $19,000,000 for fiscal year 2010;
(4) $20,000,000 for fiscal year 2011; and
(5) $21,000,000 for fiscal year 2012.
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 subsection, the Secretary shall
consider 3 distinct ports with unique features and differing levels of
trade volume.
(b) Coordination.--The Secretary shall--
(1) coordinate with the Secretary of Energy, as necessary, to
provide radiation detection equipment through the Department of
Energy's Second Line of Defense and Megaports programs; or
(2) work with the private sector or, when possible, host
governments to obtain radiation detection equipment that meets both
the Department's and the Department of Energy's technical
specifications for such equipment.
(c) Pilot System 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 scanning system at the
ports designated under subsection (a), which--
(1) shall scan all containers destined for the United States
that are loaded in such ports;
(2) shall electronically transmit the images and information to
appropriate United States Government personnel in the country in
which the port is located or in the United States for evaluation
and analysis;
(3) shall resolve every radiation alarm according to
established Department procedures;
(4) shall utilize the information collected to enhance the
Automated Targeting System or other relevant programs;
(5) shall store the information for later retrieval and
analysis; and
(6) may provide an automated notification of questionable or
high-risk cargo as a trigger for further inspection by
appropriately trained personnel.
(d) Report.--Not later than 180 days after achieving full-scale
implementation under subsection (c), the Secretary, in consultation
with the Secretary of State and, as appropriate, the Secretary of
Energy, 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 the effectiveness of the integrated
scanning system in detecting shielded and unshielded nuclear and
radiological material;
(4) an evaluation of software and other technologies that are
capable of automatically identifying potential anomalies in scanned
containers; and
(5) 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, including costs, to
install and maintain an integrated scanning system;
(F) the ability of administering personnel to efficiently
manage and utilize the data produced by a nonintrusive scanning
system;
(G) the ability to safeguard commercial data generated by,
or submitted to, a nonintrusive scanning system; and
(H) an assessment of the reliability of currently available
technology to implement an integrated scanning system.
SEC. 232. SCREENING AND SCANNING OF CARGO CONTAINERS.
(a) One Hundred 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 originating outside the
United States and unloaded at a United States 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 under paragraph (1), or through other means, are
scanned or searched 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, as appropriate, shall
ensure integrated scanning systems are fully deployed to scan, using
nonintrusive imaging equipment and radiation detection equipment, all
containers entering the United States before such containers arrive in
the United States as soon as possible, but not before 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 at which the integrated scanning systems are deployed.
SEC. 233. 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.
(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 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 and United States
Territories.--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 United
States territories'';
and
(2) by adding at the end the following:
``(e) Assistance for Foreign Ports and United States Territories.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, and the
Secretary of Energy, shall identify assistance programs that could
facilitate implementation of port security antiterrorism measures
in foreign countries and territories of the United States. The
Secretary shall establish a program to utilize the programs that
are capable of implementing port security antiterrorism measures at
ports in foreign countries and territories of the United States
that the Secretary finds 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 and United States
territories.''.
SEC. 234. FOREIGN PORT ASSESSMENTS.
Section 70108 of title 46, United States Code, is amended by adding
at the end the following:
``(d) Periodic Reassessment.--The Secretary, acting through the
Commandant of the Coast Guard, shall reassess the effectiveness of
antiterrorism measures maintained at ports as described under
subsection (a) and of procedures described in subsection (b) not less
than once every 3 years.''.
SEC. 235. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY
CONTAINERS.
(a) In General.--The Secretary shall conduct a 1-year pilot program
to assess the risk posed by and improve the security of empty
containers at United States seaports to ensure the safe and secure
delivery of cargo and to prevent potential acts of terrorism involving
such containers. The pilot program shall include the use of visual
searches of empty containers at United States seaports.
(b) Report.--Not later than 90 days after the completion of the
pilot program under paragraph (1), the Secretary shall prepare and
submit to the appropriate congressional committees a report that
contains--
(1) the results of the pilot program; and
(2) the determination of the Secretary on whether to expand the
pilot program.
SEC. 236. INFORMATION SHARING RELATING TO SUPPLY CHAIN SECURITY
COOPERATION.
(a) Purposes.--The purposes of this section are--
(1) to establish continuing liaison and to provide for supply
chain security cooperation between Department and the private
sector; and
(2) to provide for regular and timely interchange of
information between the private sector and the Department
concerning developments and security risks in the supply chain
environment.
(b) System.--The Secretary shall develop a system to collect from
and share appropriate risk information related to the supply chain with
the private sector entities determined appropriate by the Secretary.
(c) Consultation.--In developing the system under subsection (b),
the Secretary shall consult with the Commercial Operations Advisory
Committee and a broad range of public and private sector entities
likely to utilize the system, including importers, exporters, carriers,
customs brokers, and freight forwarders, among other parties.
(d) Independently Obtained Information.--Nothing in this section
shall be construed to limit or otherwise affect the ability of a
Federal, State, or local government entity, under applicable law, to
obtain supply chain security information, including any information
lawfully and properly disclosed generally or broadly to the public and
to use such information in any manner permitted by law.
(e) Authority To Issue Warnings.--The Secretary may provide
advisories, alerts, and warnings to relevant companies, targeted
sectors, other governmental entities, or the general public regarding
potential risks to the supply chain as appropriate. In issuing a
warning, the Secretary shall take appropriate actions to protect from
disclosure--
(1) the source of any voluntarily submitted supply chain
security information that forms the basis for the warning; and
(2) information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, or is
otherwise not appropriately in the public domain.
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) Rule of Construction.--Nothing in this section shall be
construed to affect--
(1) the authorities, functions, or capabilities of the Coast
Guard to perform its missions; or
(2) the requirement under section 888 of the Homeland Security
Act (6 U.S.C. 468) that those authorities, functions, and
capabilities be maintained intact.
(d) 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 Under 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, testing, 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 Commandant of the Coast Guard, the Director for Domestic
Nuclear Detection, the Chief Financial Officer, and the heads of other
appropriate offices or entities of the Department, shall ensure that--
(1) research, development, testing, and evaluation efforts
funded by the Department in furtherance of maritime and cargo
security are coordinated within the Department and with other
appropriate Federal agencies to avoid duplication of efforts; and
(2) the results of such efforts are shared throughout the
Department and with other Federal, State, and local agencies, as
appropriate.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
SEC. 401. TRADE AND CUSTOMS REVENUE FUNCTIONS OF THE DEPARTMENT.
(a) Trade and Customs Revenue Functions.--
(1) Designation of appropriate official.--The Secretary shall
designate an appropriate senior official in the office of the
Secretary who shall--
(A) ensure that the trade and customs revenue functions of
the Department are coordinated within the Department and with
other Federal departments and agencies, and that the impact on
legitimate trade is taken into account in any action impacting
the functions; and
(B) monitor and report to Congress on the Department's
mandate to ensure that the trade and customs revenue functions
of the Department are not diminished, including how spending,
operations, and personnel related to these functions have kept
pace with the level of trade entering the United States.
(2) Director of trade policy.--There shall be a Director of
Trade Policy (in this subsection referred to as the ``Director''),
who shall be subject to the direction and control of the official
designated pursuant to paragraph (1). The Director shall--
(A) advise the official designated pursuant to paragraph
(1) regarding all aspects of Department policies relating to
the trade and customs revenue functions of the Department;
(B) coordinate the development of Department-wide policies
regarding trade and customs revenue functions and trade
facilitation; and
(C) coordinate the trade and customs revenue-related
policies of the Department with the policies of other Federal
departments and agencies.
(b) Study; Report.--
(1) In general.--The Comptroller General of the United States
shall conduct a study evaluating the extent to which the Department
of Homeland Security is meeting its obligations under section
412(b) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) with
respect to the maintenance of customs revenue functions.
(2) Analysis.--The study shall include an analysis of--
(A) the extent to which the customs revenue functions
carried out by the former United States Customs Service have
been consolidated with other functions of the Department
(including the assignment of noncustoms revenue functions to
personnel responsible for customs revenue collection),
discontinued, or diminished following the transfer of the
United States Customs Service to the Department;
(B) the extent to which staffing levels or resources
attributable to customs revenue functions have decreased since
the transfer of the United States Customs Service to the
Department; and
(C) the extent to which the management structure created by
the Department ensures effective trade facilitation and customs
revenue collection.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to the
appropriate congressional committees a report on the results of the
study conducted under subsection (a).
(4) Maintenance of functions.--Not later than September 30,
2007, the Secretary 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 implementation of this paragraph.
(5) Definition.--In this section, the term ``customs revenue
functions'' means the functions described in section 412(b)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)).
(c) Consultation on Trade and Customs Revenue Functions.--
(1) Business community consultations.--The Secretary shall
consult with representatives of the business community involved in
international trade, including seeking the advice and
recommendations of the Commercial Operations Advisory Committee, on
Department policies and actions that have a significant impact on
international trade and customs revenue functions.
(2) Congressional consultation and notification.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall notify the appropriate congressional committees not later
than 30 days prior to the finalization of any Department
policies, initiatives, or actions that will have a major impact
on trade and customs revenue functions. Such notifications
shall include a description of the proposed policies,
initiatives, or actions and any comments or recommendations
provided by the Commercial Operations Advisory Committee and
other relevant groups regarding the proposed policies,
initiatives, or actions.
(B) Exception.--If the Secretary determines that it is
important to the national security interest of the United
States to finalize any Department policies, initiatives, or
actions prior to the consultation described in subparagraph
(A), the Secretary shall--
(i) notify and provide any recommendations of the
Commercial Operations Advisory Committee received to the
appropriate congressional committees not later than 45 days
after the date on which the policies, initiatives, or
actions are finalized; and
(ii) to the extent appropriate, modify the policies,
initiatives, or actions based upon the consultations with
the appropriate congressional committees.
(d) Notification of Reorganization of Customs Revenue Functions.--
(1) In general.--Not less than 45 days prior to any change in
the organization of any of the customs revenue functions of the
Department, the Secretary 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 to be transferred
as part of such reorganization, and the reason for such transfer.
The notification shall also include--
(A) an explanation of how trade enforcement functions will
be impacted by the reorganization;
(B) an explanation of how the reorganization meets the
requirements of section 412(b) of the Homeland Security Act of
2002 (6 U.S.C. 212(b)) that the Department not diminish the
customs revenue and trade facilitation functions formerly
performed by the United States Customs Service; and
(C) any comments or recommendations provided by the
Commercial Operations Advisory Committee regarding such
reorganization.
(2) Analysis.--Any congressional committee referred to in
paragraph (1) may request that the Commercial Operations Advisory
Committee provide a report to the committee analyzing the impact of
the reorganization and providing any recommendations for modifying
the reorganization.
(3) Report.--Not later than 1 year after any reorganization
referred to in paragraph (1) takes place, the Secretary, in
consultation with the Commercial Operations Advisory 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.
Such report shall include an assessment of the impact of, and any
suggested modifications to, such reorganization.
SEC. 402. OFFICE OF INTERNATIONAL TRADE; OVERSIGHT.
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.--
``(i) In general.--Not later than 90 days after the
date of the enactment of the SAFE Port Act, 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.
``(ii) Limitation on funds.--No funds appropriated to
the United States Customs and Border Protection may be used
to transfer the assets, functions, or personnel of the
Office of Strategic Trade, to an office other than the
office established pursuant to paragraph (1) of this
subsection.
``(B) Office of regulations and rulings.--
``(i) In general.--Not later than 90 days after the
date of the enactment of the SAFE Port Act, 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.
``(ii) Limitation on funds.--No funds appropriated to
the United States Customs and Border Protection may be used
to transfer the assets, functions, or personnel of the
Office of Regulations and Rulings, to an office other than
the office established pursuant to paragraph (1) of this
subsection.
``(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
less than 45 days prior to 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 to be transferred,
and the reason for such transfer. Such notification shall also
include--
``(i) an explanation of how trade enforcement functions
will be impacted by the reorganization;
``(ii) an explanation of how the reorganization meets
the requirements of section 412(b) of the Homeland Security
Act of 2002 (6 U.S.C. 212(b)) that the Department of
Homeland Security not diminish the customs revenue and
trade facilitation functions formerly performed by the
United States Customs Service; and
``(iii) any comments or recommendations provided by the
Commercial Operations Advisory Committee regarding such
reorganization.
``(D) Report.--Not later than 1 year after any
reorganization pursuant to subparagraph (C) takes place, the
Commissioner, in consultation with the Commercial Operations
Advisory Committee, shall report to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives. Such report shall include an assessment of the
impact of, and any suggested modifications to, such
reorganization.
``(E) Limitation on authority.--Notwithstanding any other
provision of law, the Commissioner shall not transfer any
assets, functions, or personnel from United States ports of
entry, associated with the enforcement of laws relating to
trade in textiles and apparel, to the Office of International
Trade established pursuant to paragraph (1), until the
following conditions are met:
``(i) The Commissioner submits the initial Resource
Allocation Model required by section 301(h) of the Customs
and Procedural Reform and Simplification Act of 1978 (19
U.S.C. 2075) and includes in such Resource Allocation Model
a section addressing the allocation of assets, functions,
and personnel associated with the enforcement of laws
relating to trade in textiles and apparel.
``(ii) The Commissioner consults with the Committee on
Finance of the Senate and the Committee on Ways and Means
of the House of Representatives regarding any subsequent
transfer of assets, functions, or personnel associated with
the enforcement of laws relating to trade in textiles and
apparel, not less than 45 days prior to such transfer.
``(F) Limitation on appropriations.--No funds appropriated
to the United States Customs and Border Protection may be used
to transfer the assets, functions, or personnel associated with
the enforcement of laws relating to trade in textiles and
apparel, before the Commissioner consults with the
congressional committees pursuant to subparagraph (E)(ii).
``(e) International Trade Committee.--
``(1) Establishment.--The Commissioner shall establish an
International Trade 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 Finance, the Assistant Commissioner in the Office of
International Affairs, the Assistant Commissioner in the Office of
International Trade, the Director of the Office of Trade Relations,
and any other official determined by the Commissioner to be
important to the work of the Committee.
``(2) Responsibilities.--The International Trade 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;
``(B) assist the Commissioner in coordinating with the
Secretary regarding commercial customs and trade facilitation
functions; and
``(C) oversee 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 International Trade 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
Committee during the preceding fiscal year; and
``(B) identify the priorities of the International Trade
Committee for the fiscal year in which the report is filed.
``(f) Definition.--In this section:
``(1) Commissioner.--The term `Commissioner' means the
Commissioner responsible for the United States Customs and Border
Protection in the Department of Homeland Security.
``(2) Commercial operations advisory committee.--The term
`Commercial Operations Advisory Committee' means the Advisory
Committee established pursuant to section 9503(c) of the Omnibus
Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) or any
successor committee.''.
SEC. 403. 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, 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 duty 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 200 additional
Customs and Border Protection Officers per year for each of the
fiscal years 2008 through 2012. The Commissioner shall hire
such additional Officers subject to the appropriation of funds
to pay for the salaries and expenses of such Officers. In
assigning the 1,000 additional Officers authorized by this
subparagraph, the Commissioner shall--
``(i) consider the volume of trade and the incidence of
nonvoluntarily disclosed customs and trade law violations
in addition to security priorities among United States
ports of entry; and
``(ii) before October 1, 2010, assign at least 10
additional Officers among each service port and the ports
of entry serviced by such service port, except as provided
in subparagraph (C).
``(C) Assignment.--In assigning such Officers pursuant to
subparagraph (B), the Commissioner shall consult with the port
directors of each service port and the other ports of entry
serviced by such service port. The Commissioner shall not
assign an Officer to a port of entry pursuant to subparagraph
(B)(ii) if the port director of the service port that services
such port of entry certifies to the Commissioner that an
additional Officer is not needed at such port of entry.
``(D) Report.--Not later than 60 days after the beginning
of each of the fiscal years 2008 through 2012, the Commissioner
shall submit a report to the Committee on Finance of the
Senate, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Homeland Security of
the House of Representatives, and the Committee on Ways and
Means of the House of Representatives, that describes how the
additional Officers authorized under subparagraph (B) will be
allocated among the ports of entry in the United States in
accordance with subparagraph (C).
``(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) $36,000,000 for fiscal year 2008;
``(B) $75,000,000 for fiscal year 2009;
``(C) $118,000,000 for fiscal year 2010;
``(D) $165,000,000 for fiscal year 2011; and
``(E) $217,000,000 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 SAFE Port Act,
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 responsibility for the prompt
development and promulgation of regulations necessary to implement
any trade agreement entered into by the United States, in addition
to any other responsibilities assigned by the Commissioner.
``(6) Definition.--In this subsection, the term `Commissioner'
means the Commissioner responsible for United States Customs and
Border Protection in the Department of Homeland Security.''.
SEC. 404. 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. 405. 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
subsection, 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 fully 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 vital national interest of the United States.
``(D) Consultation.--The Secretary shall consult with and
assist the United States Customs and Border Protection and
other 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. In so doing, the Secretary shall also consult with
private sector stakeholders, including the Commercial
Operations Advisory Committee, in developing uniform data
submission requirements, procedures, and schedules, for the
ITDS.
``(E) Coordination.--The Secretary shall be responsible for
coordinating the 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.
``(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, consistent with laws applicable to the collection and
protection of import and export information. 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.
``(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 President 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.
``(5) Sense of congress.--It is the sense of Congress that
agency participation in the ITDS is an important priority of the
Federal Government and that the Secretary shall coordinate the
operation of the ITDS closely among the participating agencies and
the office within the United States Customs and Border Protection
that is responsible for maintaining the ITDS.
``(6) Construction.--Nothing in this section shall be construed
as amending or modifying subsection (g) of section 301 of title 13,
United States Code.
``(7) Definition.--The term `Commercial Operations Advisory
Committee' means the Advisory Committee established pursuant to
section 9503(c) of the Omnibus Budget Reconciliation Act of 1987
(19 U.S.C. 2071 note) or any successor committee.''.
SEC. 406. 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 Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Finance of the Senate,
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Homeland Security of the House of
Representatives, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on 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.--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. 407. SENSE OF THE SENATE.
It is the sense of the Senate that nothing in sections 111 through
114, 121, and 201 through 236, or the amendments made by such sections,
shall be construed to affect the jurisdiction of any Standing Committee
of the Senate.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
SEC. 501. 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
a Domestic Nuclear Detection Office (referred to in this title as the
`Office'). The Secretary may request that the Secretary of Defense, the
Secretary of Energy, the Secretary of 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 of 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 and in
coordination with the Attorney General, the Secretary of Defense,
and the Secretary of 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 Secretary, the Secretary of Defense, the Secretary of 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 and in
coordination with the Attorney General, the Secretary of State, the
Secretary of Defense, and the Secretary of Energy, an enhanced
global nuclear detection architecture with implementation under
which--
``(A) the 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 Secretary of State, the Secretary of Defense, and
the Secretary of 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) ensure that the expertise necessary to accurately
interpret detection data is made available in a timely manner for
all technology deployed by the Office to implement the global
nuclear detection architecture;
``(6) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and transformational program
of research and development to generate and improve technologies to
detect and prevent the illicit entry, transport, assembly, or
potential use within the United States of a nuclear explosive
device or fissile or radiological material, and coordinate with the
Under Secretary for Science and Technology on basic and advanced or
transformational research and development efforts relevant to the
mission of both organizations;
``(7) carry out a program to test and evaluate technology for
detecting a nuclear explosive device and fissile or radiological
material, in coordination with the Secretary of Defense and the
Secretary of Energy, as appropriate, and establish performance
metrics for evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or material--
``(A) under realistic operational and environmental
conditions; and
``(B) against realistic adversary tactics and
countermeasures;
``(8) 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;
``(9) further enhance and maintain continuous awareness by
analyzing information from all Office mission-related detection
systems; and
``(10) perform other duties as assigned by the Secretary.
``SEC. 1803. HIRING AUTHORITY.
``In hiring personnel for the Office, the Secretary 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). The term of appointments for employees under
subsection (c)(1) of such section may not exceed 5 years before
granting any extension under subsection (c)(2) of such 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 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 or any Federal department or agency.
``SEC. 1806. CONTRACTING AND GRANT MAKING AUTHORITIES.
``The Secretary, acting through the Director for Domestic Nuclear
Detection, in carrying out the responsibilities under paragraphs (6)
and (7) of section 1802(a), shall--
``(1) operate extramural and intramural programs and distribute
funds through grants, cooperative agreements, and other
transactions and contracts;
``(2) ensure that activities under paragraphs (6) and (7) of
section 1802(a) include investigations of radiation detection
equipment in configurations suitable for deployment at seaports,
which may include underwater or water surface detection equipment
and detection equipment that can be mounted on cranes and straddle
cars used to move shipping containers; and
``(3) have the authority to establish or contract with 1 or
more federally funded research and development centers to provide
independent analysis of homeland security issues and carry out
other responsibilities under this title.''.
(b) Technical and Conforming Amendments.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 103(d) (6 U.S.C. 113(d)), by adding at the end
the following:
``(5) A Director for Domestic Nuclear Detection.'';
(2) in section 302 (6 U.S.C. 182)--
(A) in paragraph (2), by striking ``radiological,
nuclear''; and
(B) in paragraph (5)(A), by striking ``radiological,
nuclear''; and
(3) in the table of contents, 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. 1806. Contracting and grant making authorities.''.
SEC. 502. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT STRATEGY
FOR NUCLEAR AND RADIOLOGICAL DETECTION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, the Secretary 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 Department, the
Department of Energy, the Department of Defense, and the Office of
the Director of National Intelligence;
(2) budget requirements necessary to meet the roadmap; and
(3) documentation of how the Department, the Department of
Energy, the Department of Defense, and the Office of the Director
of National Intelligence will execute this strategy.
(c) Initial Report.--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 on--
(1) the impact of this title, and the amendments made by this
title, on the responsibilities under section 302 of the Homeland
Security Act of 2002 (6 U.S.C. 182); and
(2) the efforts of the Department to coordinate, integrate, and
establish priorities for conducting all basic and applied research,
development, testing, and evaluation of technology and systems to
detect, prevent, protect, and respond to chemical, biological,
radiological, and nuclear terrorist attacks.
(d) Annual Report.--The Director for Domestic Nuclear Detection and
the Under Secretary for Science and Technology shall jointly and
annually notify Congress that the strategy and technology road map for
nuclear and radiological detection developed under subsections (a) and
(b) is consistent with the national policy and strategic plan for
identifying priorities, goals, objectives, and policies for
coordinating the Federal Government's civilian efforts to identify and
develop countermeasures to terrorist threats from weapons of mass
destruction that are required under section 302(2) of the Homeland
Security Act of 2002 (6 U.S.C. 182(2)).
TITLE VI--COMMERCIAL MOBILE SERVICE ALERTS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Warning, Alert, and Response
Network Act''.
SEC. 602. FEDERAL COMMUNICATIONS COMMISSION DUTIES.
(a) Commercial Mobile Service Alert Regulations.--Within 180 days
after the date on which the Commercial Mobile Service Alert Advisory
Committee, established pursuant to section 603(a), transmits
recommendations to the Federal Communications Commission, the
Commission shall complete a proceeding to adopt relevant technical
standards, protocols, procedures, and other technical requirements
based on the recommendations of such Advisory Committee necessary to
enable commercial mobile service alerting capability for commercial
mobile service providers that voluntarily elect to transmit emergency
alerts. The Commission shall consult with the National Institute of
Standards and Technology regarding the adoption of technical standards
under this subsection.
(b) Commercial Mobile Service Election.--
(1) Amendment of commercial mobile service license.--Within 120
days after the date on which the Federal Communications Commission
adopts relevant technical standards and other technical
requirements pursuant to subsection (a), the Commission shall
complete a proceeding--
(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 emergency alerts
to subscribers to, or users of, the commercial mobile service
provided by such licensee;
(B) to require any licensee providing commercial mobile
service that elects, in whole or in part, under paragraph (2)
not to transmit emergency alerts to provide clear and
conspicuous notice at the point of sale of any devices with
which its commercial mobile service is included, that it will
not transmit such alerts via the service it provides for the
device; and
(C) to require any licensee providing commercial mobile
service that elects under paragraph (2) not to transmit
emergency alerts to notify its existing subscribers of its
election.
(2) Election.--
(A) In general.--Within 30 days after the Commission issues
its order under paragraph (1), each licensee providing
commercial mobile service shall file an election with the
Commission with respect to whether or not it intends to
transmit emergency alerts.
(B) Transmission standards; notification.--If a licensee
providing commercial mobile service elects to transmit
emergency alerts via its commercial mobile service, the
licensee shall--
(i) notify the Commission of its election; and
(ii) agree to transmit such alerts in a manner
consistent with the technical standards, protocols,
procedures, and other technical requirements implemented by
the Commission.
(C) No fee for service.--A commercial mobile service
licensee that elects to transmit emergency alerts may not
impose a separate or additional charge for such transmission or
capability.
(D) Withdrawal; late election.--The Commission shall
establish a procedure--
(i) for a commercial mobile service licensee that has
elected to transmit emergency alerts to withdraw its
election without regulatory penalty or forfeiture upon
advance written notification of the withdrawal to its
affected subscribers;
(ii) for a commercial mobile service licensee to elect
to transmit emergency alerts at a date later than provided
in subparagraph (A); and
(iii) under which a subscriber may terminate a
subscription to service provided by a commercial mobile
service licensee that withdraws its election without
penalty or early termination fee.
(E) Consumer choice technology.--Any commercial mobile
service licensee electing to transmit emergency alerts may
offer subscribers the capability of preventing the subscriber's
device from receiving such alerts, or classes of such alerts,
other than an alert issued by the President. Within 2 years
after the Commission completes the proceeding under paragraph
(1), the Commission shall examine the issue of whether a
commercial mobile service provider should continue to be
permitted to offer its subscribers such capability. The
Commission shall submit a report with its recommendations to
the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce of the House of
Representatives.
(c) Digital Television Transmission Towers Retransmission
Capability.--Within 90 days after the date on which the Commission
adopts relevant technical standards based on recommendations of the
Commercial Mobile Service Alert Advisory Committee, established
pursuant to section 603(a), the Commission shall complete a proceeding
to require licensees and permittees of noncommercial educational
broadcast stations or public broadcast stations (as those terms are
defined in section 397(6) of the Communications Act of 1934 (47 U.S.C.
397(6))) to install necessary equipment and technologies on, or as part
of, any broadcast television digital signal transmitter to enable the
distribution of geographically targeted alerts by commercial mobile
service providers that have elected to transmit emergency alerts under
this section.
(d) FCC Regulation of Compliance.--The Federal Communications
Commission may enforce compliance with this title but shall have no
rulemaking authority under this title, except as provided in
subsections (a), (b), (c), and (f).
(e) Limitation of Liability.--
(1) In general.--Any commercial mobile service provider
(including its officers, directors, employees, vendors, and agents)
that transmits emergency alerts and meets its obligations under
this title shall not be liable to any subscriber to, or user of,
such person's service or equipment for--
(A) any act or omission related to or any harm resulting
from the transmission of, or failure to transmit, an emergency
alert; or
(B) the release to a government agency or entity, public
safety, fire service, law enforcement official, emergency
medical service, or emergency facility of subscriber
information used in connection with delivering such an alert.
(2) Election not to transmit alerts.--The election by a
commercial mobile service provider under subsection (b)(2)(A) not
to transmit emergency alerts, or to withdraw its election to
transmit such alerts under subsection (b)(2)(D) shall not, by
itself, provide a basis for liability against the provider
(including its officers, directors, employees, vendors, and
agents).
(f) Testing.--The Commission shall require by regulation technical
testing for commercial mobile service providers that elect to transmit
emergency alerts and for the devices and equipment used by such
providers for transmitting such alerts.
SEC. 603. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COMMITTEE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the chairman of the Federal Communications
Commission shall establish an advisory committee, to be known as the
Commercial Mobile Service Alert Advisory Committee (referred to in this
section as the ``Advisory Committee'').
(b) Membership.--The chairman of the Federal Communications
Commission shall appoint the members of the Advisory Committee, as soon
as practicable after the date of enactment of this Act, from the
following groups:
(1) State and local government representatives.--
Representatives of State and local governments and representatives
of emergency response providers, selected from among individuals
nominated by national organizations representing such governments
and personnel.
(2) Tribal governments.--Representatives from Federally
recognized Indian tribes and National Indian organizations.
(3) Subject matter experts.--Individuals who have the requisite
technical knowledge and expertise to serve on the Advisory
Committee 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, including individuals with disabilities and the
elderly; and
(G) other individuals with relevant technical expertise.
(4) Qualified representatives of other stakeholders and
interested parties.--Qualified representatives of such other
stakeholders and interested and affected parties as the chairman
deems appropriate.
(c) Development of System-Critical Recommendations.--Within 1 year
after the date of enactment of this Act, the Advisory Committee shall
develop and submit to the Federal Communications Commission
recommendations--
(1) for protocols, technical capabilities, and technical
procedures through which electing commercial mobile service
providers receive, verify, and transmit alerts to subscribers;
(2) for the establishment of technical standards for priority
transmission of alerts by electing commercial mobile service
providers to subscribers;
(3) for relevant technical standards for devices and equipment
and technologies used by electing commercial mobile service
providers to transmit emergency alerts to subscribers;
(4) for the technical capability to transmit emergency alerts
by electing commercial mobile providers to subscribers in languages
in addition to English, to the extent practicable and feasible;
(5) under which electing commercial mobile service providers
may offer subscribers the capability of preventing the subscriber's
device from receiving emergency alerts, or classes of such alerts,
(other than an alert issued by the President), consistent with
section 602(b)(2)(E);
(6) for a process under which commercial mobile service
providers can elect to transmit emergency alerts if--
(A) not all of the devices or equipment used by such
provider are capable of receiving such alerts; or
(B) the provider cannot offer such alerts throughout the
entirety of its service area; and
(7) as otherwise necessary to enable electing commercial mobile
service providers to transmit emergency alerts to subscribers.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Advisory
Committee 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 Advisory
Committee shall meet at the call of the chair.
(3) Notice; open meetings.--Any meetings held by the Advisory
Committee shall be duly noticed at least 14 days in advance and
shall be open to the public.
(e) Rules.--
(1) Quorum.--One-third of the members of the Advisory Committee
shall constitute a quorum for conducting business of the Advisory
Committee.
(2) Subcommittees.--To assist the Advisory Committee in
carrying out its functions, the chair may establish appropriate
subcommittees composed of members of the Advisory Committee and
other subject matter experts as deemed necessary.
(3) Additional rules.--The Advisory Committee may adopt other
rules as needed.
(f) 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 Advisory Committee.
(g) Consultation With NIST.--The Advisory Committee shall consult
with the National Institute of Standards and Technology in its work on
developing recommendations under paragraphs (2) and (3) of subsection
(c).
SEC. 604. RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary of Homeland Security for
Science and Technology, in consultation with the director of the
National Institute of Standards and Technology and the chairman of the
Federal Communications Commission, shall establish a research,
development, testing, and evaluation program based on the
recommendations of the Commercial Mobile Service Alert Advisory
Committee, established pursuant to section 603(a), to support the
development of technologies to increase the number of commercial mobile
service devices that can receive emergency alerts.
(b) Functions.--The program established under subsection (a)
shall--
(1) fund research, development, testing, and evaluation at
academic institutions, private sector entities, government
laboratories, and other appropriate entities; and
(2) ensure that the program addresses, at a minimum--
(A) developing innovative technologies that will transmit
geographically targeted emergency alerts to the public; and
(B) research on understanding and improving public response
to warnings.
SEC. 605. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.
(a) Grant Program.--The Under Secretary of Commerce for Oceans and
Atmosphere, in consultation with the Secretary of Homeland Security,
shall establish a program under which grants may be made to provide for
outdoor alerting technologies in remote communities effectively
unserved by commercial mobile 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 emergency alerts.
(b) Applications and Conditions.--In conducting the program, the
Under Secretary--
(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 Under Secretary may not make grants under
subsection (a) more than 5 years after the date of enactment of this
Act.
(d) Limitation.--The sum of the amounts awarded for all fiscal
years as grants under this section may not exceed $10,000,000.
SEC. 606. FUNDING.
(a) In General.--In addition to any amounts provided by
appropriation Acts, 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).
(b) Compensation.--The Assistant Secretary of Commerce for
Communications and Information shall compensate any such broadcast
station licensee or permittee for reasonable costs incurred in
complying with the requirements imposed pursuant to section 602(c) from
funds made available under this section. The Assistant Secretary shall
ensure that sufficient funds are made available to effectuate
geographically targeted alerts.
(c) Credit.--The Assistant Secretary of Commerce for Communications
and Information, in consultation with the Under Secretary of Homeland
Security for Science and Technology and the Under Secretary of Commerce
for Oceans and Atmosphere, may borrow from the Treasury beginning on
October 1, 2006, such sums as may be necessary, but not to exceed
$106,000,000, to implement this title. The Assistant Secretary of
Commerce for Communications and Information shall ensure that the Under
Secretary of Homeland Security for Science and Technology and the Under
Secretary of Commerce for Oceans and Atmosphere are provided adequate
funds to carry out their responsibilities under sections 604 and 605 of
this title. The Treasury shall be reimbursed, without interest, from
amounts in the Digital Television Transition and Public Safety Fund as
funds are deposited into the Fund.
SEC. 607. 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 for Accessibility.--Unless exceptional
circumstances apply, in an emergency or major disaster, the head of a
Federal agency, to the greatest extent practicable, shall not--
``(1) deny or impede access to the disaster site to an
essential service provider whose access is necessary to restore and
repair an essential service; or
``(2) impede the restoration or repair of the services
described in subsection (a)(1).
``(c) Implementation.--In implementing this section, the head of a
Federal agency shall follow all applicable Federal laws, regulations,
and policies.''.
SEC. 608. COMMUNITY DISASTER LOANS.
Section 417(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184(b)) is amended--
(1) by striking ``exceed 25 per centum'' and inserting the
following: ``exceed--
``(1) 25 percent''; and
(2) by striking the period at the end and inserting the
following: ``; or
``(2) if the loss of tax and other revenues of the local
government as a result of the major disaster is at least 75 percent
of the annual operating budget of that local government for the
fiscal year in which the major disaster occurs, 50 percent of the
annual operating budget of that local government for the fiscal
year in which the major disaster occurs, and shall not exceed
$5,000,000.''.
SEC. 609. PUBLIC FACILITIES.
Section 406(c)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(c)(1)) is amended--
(1) in subparagraph (A), by striking ``75'' and inserting
``90'';
(2) by striking subparagraph (B); and
(3) by redesignating subparagraphs (C) and (D) as subparagraphs
(B) and (C), respectively.
SEC. 610. EXPEDITED PAYMENTS.
Section 407 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5173) is amended by adding at the end the
following:
``(e) Expedited Payments.--
``(1) Grant assistance.--In making a grant under subsection
(a)(2), the President shall provide not less than 50 percent of the
President's initial estimate of the Federal share of assistance as
an initial payment in accordance with paragraph (2).
``(2) Date of payment.--Not later than 60 days after the date
of the estimate described in paragraph (1) and not later than 90
days after the date on which the State or local government or owner
or operator of a private nonprofit facility applies for assistance
under this section, an initial payment described in paragraph (1)
shall be paid.''.
SEC. 611. USE OF LOCAL CONTRACTING.
Section 307(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5150), as amended by the Post-
Katrina Emergency Management Reform Act of 2006, is amended by adding
at the end the following:
``(3) Formulation of requirements.--The head of a Federal
agency, as feasible and practicable, shall formulate appropriate
requirements to facilitate compliance with this section.''.
SEC. 612. FEMA PROGRAMS.
Notwithstanding any other provision of Federal law, as of April 1,
2007, the Director of the Federal Emergency Management Agency shall be
responsible for the radiological emergency preparedness program and the
chemical stockpile emergency preparedness program.
SEC. 613. HOMELAND SECURITY DEFINITION.
Section 2(6) of the Homeland Security Act of 2002 (6 U.S.C. 101(6))
is amended by inserting ``governmental and nongovernmental'' after
``local''.
TITLE VII--OTHER MATTERS
SEC. 701. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AND SMALL
COMMUNITY 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--
(1) Essential Air Service airports in the United States; and
(2) airports whose community or consortia of communities
receive assistance under the Small Community Air Service
Development Program authorized under section 41743 of title 49,
United States Code, and maintain, resume, or obtain scheduled
passenger air carrier service with assistance from that program in
the United States.
(b) Elements of Plan.--The security plans required under 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. 702. 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 the 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, submit a report to the
Secretary that contains a list of all expenditures made by such State
or local government using funds from such grant.
SEC. 703. TRUCKING SECURITY.
(a) Legal Status Verification for Licensed United States Commercial
Drivers.--Not later than 18 months after the date of the enactment of
this Act, the Secretary of Transportation, in cooperation with the
Secretary, 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 Antifraud Programs.--Not later than
18 months after the date of the enactment of this Act, the Secretary of
Transportation, in cooperation with the Secretary, 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 18 months after the date of the
enactment of this Act, the Secretary, in consultation with the
Secretary of Transportation, shall draft guidelines for Federal,
State, and local law enforcement officials, including motor carrier
safety enforcement personnel, on how to identify noncompliance with
Federal laws uniquely applicable to commercial motor vehicles and
commercial motor vehicle operators engaged in cross-border traffic
and communicate such noncompliance to the appropriate Federal
authorities. Such guidelines shall be coordinated with the training
and outreach activities of the Federal Motor Carrier Safety
Administration under section 4139 of SAFETEA-LU (Public Law 109-
59).
(2) Verification.--Not later than 18 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. 704. 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 for fiscal year 2008, there are authorized to be
appropriated such sums as may be necessary for operation expenses and
aviation assets, for primary and secondary sites, of the Northern
Border Air Wing Branch in Great Falls, Montana.
SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
(a) In General.--Notwithstanding section 12105(c) of title 46,
United States Code, a foreign-flag vessel may be chartered by, or on
behalf of, a lessee to be employed for the setting, relocation, or
recovery of anchors or other mooring equipment of a mobile offshore
drilling unit that is located over the Outer Continental Shelf (as
defined in section 2(a) of the Outer Continental Shelf Lands Act (43
U.S.C. 1331(a)) for operations in support of exploration, or flow-
testing and stimulation of wells, for offshore mineral or energy
resources in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
(1) until December 31, 2009, if the Secretary of Transportation
determines after publishing notice in the Federal Register, that
insufficient vessels documented under section 12105(c) of title 46,
United States Code, are reasonably available and suitable for these
support operations and all such reasonably available and suitable
vessels are employed in support of such operations; and
(2) for an additional 2-year period beginning January 1, 2010,
if the Secretary of Transportation determines --
(A) as of December 31, 2009, the lessee has entered into a
binding agreement to employ an eligible vessel or vessels to be
documented under section 12105(c) of title 46, United States
Code, in sufficient numbers and with sufficient suitability to
replace any vessel or vessels operating under this section; and
(B) after publishing notice in the Federal Register, that
insufficient vessels documented under section 12105(c) of title
46, United States Code, are reasonably available and suitable
for these support operations and all such reasonably available
and suitable vessels are employed in support of such
operations.
(b) Lessee Defined.--In this section, the term ``lessee'' means the
holder of a lease (as defined in section 1331(c) of title 43, United
States Code).
(c) Savings Provision.--Nothing in subsection (a) may be construed
to authorize the employment in the coastwise trade of a vessel that
does not meet the requirements of section 12106 of title 46, United
States Code.
SEC. 706. 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. 707. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR CHEMICALS.
(a) Compliance With Performance Plan Requirements.--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 international 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
Attorney General, 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 of the Senate, the Committee on Foreign
Relations of the Senate, the Committee on the Judiciary of the
Senate, the Committee on Ways and Means of the House of
Representatives, the Committee on International Relations of the
House of Representatives, and the Committee on the Judiciary 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. 708. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING
PROGRAM.
(a) Implementation Status.--Not later than 270 days after the
implementation of the Department's aircraft charter customer and lessee
prescreening process required under section 44903(j)(2) of title 49,
United States Code, the Comptroller General of the United States
shall--
(1) assess the status and implementation of the program and the
use of the program by the general aviation charter and rental
community; and
(2) submit a report containing the findings, conclusions, and
recommendations, if any, of such assessment to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Homeland Security of the House of
Representatives; and
(C) the Committee on Transportation and Infrastructure of
the House of Representatives.
SEC. 709. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.
(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) Disaster area.--The term ``disaster area'' means an area in
which the President has declared a major disaster (as that term is
defined in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122)), during the period
of such declaration.
(3) 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, acting through the Secretary of Health and Human
Services, in accordance with human monitoring or environmental or
other appropriate indicators.
(4) 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, acting through the Secretary of Health and
Human Services, 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, acting through the
Secretary of Health and Human Services, determines to be
appropriate.
(5) Participating responder.--The term ``participating
responder'' means an individual described in paragraph (4)(A).
(6) Program.--The term ``program'' means a program described in
subsection (b) that is carried out for a disaster area.
(7) 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, acting through the
Secretary of Health and Human Services, and in coordination with
the Agency for Toxic Substances and Disease Registry, the
Environmental Protection Agency, the Centers for Disease Control
and Prevention, the National Institutes of Health, the Federal
Emergency Management Agency, the Occupational Health and Safety
Administration, and other agencies.
(b) Program.--
(1) In general.--If the President, acting through the Secretary
of Health and Human Services, determines that 1 or more substances
of concern are being, or have been, released in an area declared to
be a disaster area and disrupts the transportation system of the
United States, the President, acting through the Secretary of
Health and Human Services, may carry out a program for the
coordination, 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 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, acting through
the Secretary of Health and Human Services, 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, acting through the Secretary of Health and Human
Services, 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, acting through the Secretary of Health and Human
Services, may modify the priority of a registry or study
described in subparagraph (A), if the President, acting
through the Secretary of Health and Human Services,
determines such modification to be appropriate.
(5) Cooperative agreements.--
(A) In general.--The President, acting through the
Secretary of Health and Human Services, 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, acting through the Secretary of Health and Human
Services, 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, acting through the Secretary of Health and
Human Services, 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, acting through the Secretary of
Health and Human Services, 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, acting through the Secretary of
Health and Human Services, 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, acting through the Secretary of Health and Human Services,
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
Labor, the Administrator of the Environmental Protection Agency, and
appropriate committees of Congress describing the programs and studies
carried out under the program.
(d) National Academy of Sciences Report on Disaster Area Health and
Environmental Protection and Monitoring.--
(1) In general.--The Secretary of Health and Human Services,
the Secretary of Homeland Security, 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 of Health and
Human Services, the Secretary of Homeland Security, 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.
TITLE VIII--UNLAWFUL INTERNET GAMBLING ENFORCEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Unlawful Internet Gambling
Enforcement Act of 2006''.
SEC. 802. PROHIBITION ON ACCEPTANCE OF ANY PAYMENT INSTRUMENT FOR
UNLAWFUL INTERNET GAMBLING.
(a) In General.--Chapter 53 of title 31, United States Code, is
amended by adding at the end the following:
``SUBCHAPTER IV--PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING
``Sec. 5361. Congressional findings and purpose
``(a) Findings.--Congress finds the following:
``(1) Internet gambling is primarily funded through personal
use of payment system instruments, credit cards, and wire
transfers.
``(2) The National Gambling Impact Study Commission in 1999
recommended the passage of legislation to prohibit wire transfers
to Internet gambling sites or the banks which represent such sites.
``(3) Internet gambling is a growing cause of debt collection
problems for insured depository institutions and the consumer
credit industry.
``(4) New mechanisms for enforcing gambling laws on the
Internet are necessary because traditional law enforcement
mechanisms are often inadequate for enforcing gambling prohibitions
or regulations on the Internet, especially where such gambling
crosses State or national borders.
``(b) Rule of Construction.--No provision of this subchapter shall
be construed as altering, limiting, or extending any Federal or State
law or Tribal-State compact prohibiting, permitting, or regulating
gambling within the United States.
``Sec. 5362. Definitions
``In this subchapter:
``(1) Bet or wager.--The term `bet or wager'--
``(A) means the staking or risking by any person of
something of value upon the outcome of a contest of others, a
sporting event, or a game subject to chance, upon an agreement
or understanding that the person or another person will receive
something of value in the event of a certain outcome;
``(B) includes the purchase of a chance or opportunity to
win a lottery or other prize (which opportunity to win is
predominantly subject to chance);
``(C) includes any scheme of a type described in section
3702 of title 28;
``(D) includes any instructions or information pertaining
to the establishment or movement of funds by the bettor or
customer in, to, or from an account with the business of
betting or wagering; and
``(E) does not include--
``(i) any activity governed by the securities laws (as
that term is defined in section 3(a)(47) of the Securities
Exchange Act of 1934 for the purchase or sale of securities
(as that term is defined in section 3(a)(10) of that Act);
``(ii) any transaction conducted on or subject to the
rules of a registered entity or exempt board of trade under
the Commodity Exchange Act;
``(iii) any over-the-counter derivative instrument;
``(iv) any other transaction that--
``(I) is excluded or exempt from regulation under
the Commodity Exchange Act; or
``(II) is exempt from State gaming or bucket shop
laws under section 12(e) of the Commodity Exchange Act
or section 28(a) of the Securities Exchange Act of
1934;
``(v) any contract of indemnity or guarantee;
``(vi) any contract for insurance;
``(vii) any deposit or other transaction with an
insured depository institution;
``(viii) participation in any game or contest in which
participants do not stake or risk anything of value other
than--
``(I) personal efforts of the participants in
playing the game or contest or obtaining access to the
Internet; or
``(II) points or credits that the sponsor of the
game or contest provides to participants free of charge
and that can be used or redeemed only for participation
in games or contests offered by the sponsor; or
``(ix) participation in any fantasy or simulation
sports game or educational game or contest in which (if the
game or contest involves a team or teams) no fantasy or
simulation sports team is based on the current membership
of an actual team that is a member of an amateur or
professional sports organization (as those terms are
defined in section 3701 of title 28) and that meets the
following conditions:
``(I) All prizes and awards offered to winning
participants are established and made known to the
participants in advance of the game or contest and
their value is not determined by the number of
participants or the amount of any fees paid by those
participants.
``(II) All winning outcomes reflect the relative
knowledge and skill of the participants and are
determined predominantly by accumulated statistical
results of the performance of individuals (athletes in
the case of sports events) in multiple real-world
sporting or other events.
``(III) No winning outcome is based--
``(aa) on the score, point-spread, or any
performance or performances of any single real-
world team or any combination of such teams; or
``(bb) solely on any single performance of an
individual athlete in any single real-world
sporting or other event.
``(2) Business of betting or wagering.--The term `business of
betting or wagering' does not include the activities of a financial
transaction provider, or any interactive computer service or
telecommunications service.
``(3) Designated payment system.--The term `designated payment
system' means any system utilized by a financial transaction
provider that the Secretary and the Board of Governors of the
Federal Reserve System, in consultation with the Attorney General,
jointly determine, by regulation or order, could be utilized in
connection with, or to facilitate, any restricted transaction.
``(4) Financial transaction provider.--The term `financial
transaction provider' means a creditor, credit card issuer,
financial institution, operator of a terminal at which an
electronic fund transfer may be initiated, money transmitting
business, or international, national, regional, or local payment
network utilized to effect a credit transaction, electronic fund
transfer, stored value product transaction, or money transmitting
service, or a participant in such network, or other participant in
a designated payment system.
``(5) Internet.--The term `Internet' means the international
computer network of interoperable packet switched data networks.
``(6) Interactive computer service.--The term `interactive
computer service' has the meaning given the term in section 230(f)
of the Communications Act of 1934 (47 U.S.C. 230(f)).
``(7) Restricted transaction.--The term `restricted
transaction' means any transaction or transmittal involving any
credit, funds, instrument, or proceeds described in any paragraph
of section 5363 which the recipient is prohibited from accepting
under section 5363.
``(8) Secretary.--The term `Secretary' means the Secretary of
the Treasury.
``(9) State.--The term `State' means any State of the United
States, the District of Columbia, or any commonwealth, territory,
or other possession of the United States.
``(10) Unlawful internet gambling.--
``(A) In general.--The term `unlawful Internet gambling'
means to place, receive, or otherwise knowingly transmit a bet
or wager by any means which involves the use, at least in part,
of the Internet where such bet or wager is unlawful under any
applicable Federal or State law in the State or Tribal lands in
which the bet or wager is initiated, received, or otherwise
made.
``(B) Intrastate transactions.--The term `unlawful Internet
gambling' does not include placing, receiving, or otherwise
transmitting a bet or wager where--
``(i) the bet or wager is initiated and received or
otherwise made exclusively within a single State;
``(ii) the bet or wager and the method by which the bet
or wager is initiated and received or otherwise made is
expressly authorized by and placed in accordance with the
laws of such State, and the State law or regulations
include--
``(I) age and location verification requirements
reasonably designed to block access to minors and
persons located out of such State; and
``(II) appropriate data security standards to
prevent unauthorized access by any person whose age and
current location has not been verified in accordance
with such State's law or regulations; and
``(iii) the bet or wager does not violate any provision
of--
``(I) the Interstate Horseracing Act of 1978 (15
U.S.C. 3001 et seq.);
``(II) chapter 178 of title 28 (commonly known as
the `Professional and Amateur Sports Protection Act');
``(III) the Gambling Devices Transportation Act (15
U.S.C. 1171 et seq.); or
``(IV) the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.).
``(C) Intratribal transactions.--The term `unlawful
Internet gambling' does not include placing, receiving, or
otherwise transmitting a bet or wager where--
``(i) the bet or wager is initiated and received or
otherwise made exclusively--
``(I) within the Indian lands of a single Indian
tribe (as such terms are defined under the Indian
Gaming Regulatory Act); or
``(II) between the Indian lands of 2 or more Indian
tribes to the extent that intertribal gaming is
authorized by the Indian Gaming Regulatory Act;
``(ii) the bet or wager and the method by which the bet
or wager is initiated and received or otherwise made is
expressly authorized by and complies with the requirements
of--
``(I) the applicable tribal ordinance or resolution
approved by the Chairman of the National Indian Gaming
Commission; and
``(II) with respect to class III gaming, the
applicable Tribal-State Compact;
``(iii) the applicable tribal ordinance or resolution
or Tribal-State Compact includes--
``(I) age and location verification requirements
reasonably designed to block access to minors and
persons located out of the applicable Tribal lands; and
``(II) appropriate data security standards to
prevent unauthorized access by any person whose age and
current location has not been verified in accordance
with the applicable tribal ordinance or resolution or
Tribal-State Compact; and
``(iv) the bet or wager does not violate any provision
of--
``(I) the Interstate Horseracing Act of 1978 (15
U.S.C. 3001 et seq.);
``(II) chapter 178 of title 28 (commonly known as
the `Professional and Amateur Sports Protection Act');
``(III) the Gambling Devices Transportation Act (15
U.S.C. 1171 et seq.); or
``(IV) the Indian Gaming Regulatory Act (25 U.S.C.
2701 et seq.).
``(D) Interstate horseracing.--
``(i) In general.--The term `unlawful Internet
gambling' shall not include any activity that is allowed
under the Interstate Horseracing Act of 1978 (15 U.S.C.
3001 et seq.).
``(ii) Rule of construction regarding preemption.--
Nothing in this subchapter may be construed to preempt any
State law prohibiting gambling.
``(iii) Sense of congress.--It is the sense of Congress
that this subchapter shall not change which activities
related to horse racing may or may not be allowed under
Federal law. This subparagraph is intended to address
concerns that this subchapter could have the effect of
changing the existing relationship between the Interstate
Horseracing Act and other Federal statutes in effect on the
date of the enactment of this subchapter. This subchapter
is not intended to change that relationship. This
subchapter is not intended to resolve any existing
disagreements over how to interpret the relationship
between the Interstate Horseracing Act and other Federal
statutes.
``(E) Intermediate routing.--The intermediate routing of
electronic data shall not determine the location or locations
in which a bet or wager is initiated, received, or otherwise
made.
``(11) Other terms.--
``(A) Credit; creditor; credit card; and card issuer.--The
terms `credit', `creditor', `credit card', and `card issuer'
have the meanings given the terms in section 103 of the Truth
in Lending Act (15 U.S.C. 1602).
``(B) Electronic fund transfer.--The term `electronic fund
transfer'--
``(i) has the meaning given the term in section 903 of
the Electronic Fund Transfer Act (15 U.S.C. 1693a), except
that the term includes transfers that would otherwise be
excluded under section 903(6)(E) of that Act; and
``(ii) includes any fund transfer covered by Article 4A
of the Uniform Commercial Code, as in effect in any State.
``(C) Financial institution.--The term `financial
institution' has the meaning given the term in section 903 of
the Electronic Fund Transfer Act, except that such term does
not include a casino, sports book, or other business at or
through which bets or wagers may be placed or received.
``(D) Insured depository institution.--The term `insured
depository institution'--
``(i) has the meaning given the term in section 3(c) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(c)); and
``(ii) includes an insured credit union (as defined in
section 101 of the Federal Credit Union Act).
``(E) Money transmitting business and money transmitting
service.--The terms `money transmitting business' and `money
transmitting service' have the meanings given the terms in
section 5330(d) (determined without regard to any regulations
prescribed by the Secretary thereunder).
``Sec. 5363. Prohibition on acceptance of any financial instrument for
unlawful Internet gambling
``No person engaged in the business of betting or wagering may
knowingly accept, in connection with the participation of another
person in unlawful Internet gambling--
``(1) credit, or the proceeds of credit, extended to or on
behalf of such other person (including credit extended through the
use of a credit card);
``(2) an electronic fund transfer, or funds transmitted by or
through a money transmitting business, or the proceeds of an
electronic fund transfer or money transmitting service, from or on
behalf of such other person;
``(3) any check, draft, or similar instrument which is drawn by
or on behalf of such other person and is drawn on or payable at or
through any financial institution; or
``(4) the proceeds of any other form of financial transaction,
as the Secretary and the Board of Governors of the Federal Reserve
System may jointly prescribe by regulation, which involves a
financial institution as a payor or financial intermediary on
behalf of or for the benefit of such other person.
``Sec. 5364. Policies and procedures to identify and prevent restricted
transactions
``(a) Regulations.--Before the end of the 270-day period beginning
on the date of the enactment of this subchapter, the Secretary and the
Board of Governors of the Federal Reserve System, in consultation with
the Attorney General, shall prescribe regulations (which the Secretary
and the Board jointly determine to be appropriate) requiring each
designated payment system, and all participants therein, to identify
and block or otherwise prevent or prohibit restricted transactions
through the establishment of policies and procedures reasonably
designed to identify and block or otherwise prevent or prohibit the
acceptance of restricted transactions in any of the following ways:
``(1) The establishment of policies and procedures that--
``(A) allow the payment system and any person involved in
the payment system to identify restricted transactions by means
of codes in authorization messages or by other means; and
``(B) block restricted transactions identified as a result
of the policies and procedures developed pursuant to
subparagraph (A).
``(2) The establishment of policies and procedures that prevent
or prohibit the acceptance of the products or services of the
payment system in connection with a restricted transaction.
``(b) Requirements for Policies and Procedures.--In prescribing
regulations under subsection (a), the Secretary and the Board of
Governors of the Federal Reserve System shall--
``(1) identify types of policies and procedures, including
nonexclusive examples, which would be deemed, as applicable, to be
reasonably designed to identify and block or otherwise prevent or
prohibit the acceptance of the products or services with respect to
each type of restricted transaction;
``(2) to the extent practical, permit any participant in a
payment system to choose among alternative means of identifying and
blocking, or otherwise preventing or prohibiting the acceptance of
the products or services of the payment system or participant in
connection with, restricted transactions;
``(3) exempt certain restricted transactions or designated
payment systems from any requirement imposed under such
regulations, if the Secretary and the Board jointly find that it is
not reasonably practical to identify and block, or otherwise
prevent or prohibit the acceptance of, such transactions; and
``(4) ensure that transactions in connection with any activity
excluded from the definition of unlawful internet gambling in
subparagraph (B), (C), or (D)(i) of section 5362(10) are not
blocked or otherwise prevented or prohibited by the prescribed
regulations.
``(c) Compliance With Payment System Policies and Procedures.--A
financial transaction provider shall be considered to be in compliance
with the regulations prescribed under subsection (a) if--
``(1) such person relies on and complies with the policies and
procedures of a designated payment system of which it is a member
or participant to--
``(A) identify and block restricted transactions; or
``(B) otherwise prevent or prohibit the acceptance of the
products or services of the payment system, member, or
participant in connection with restricted transactions; and
``(2) such policies and procedures of the designated payment
system comply with the requirements of regulations prescribed under
subsection (a).
``(d) No Liability for Blocking or Refusing To Honor Restricted
Transactions.--A person that identifies and blocks a transaction,
prevents or prohibits the acceptance of its products or services in
connection with a transaction, or otherwise refuses to honor a
transaction--
``(1) that is a restricted transaction;
``(2) that such person reasonably believes to be a restricted
transaction; or
``(3) as a designated payment system or a member of a
designated payment system in reliance on the policies and
procedures of the payment system, in an effort to comply with
regulations prescribed under subsection (a),
shall not be liable to any party for such action.
``(e) Regulatory Enforcement.--The requirements under this section
shall be enforced exclusively by--
``(1) the Federal functional regulators, with respect to the
designated payment systems and financial transaction providers
subject to the respective jurisdiction of such regulators under
section 505(a) of the Gramm-Leach-Bliley Act and section 5g of the
Commodities Exchange Act; and
``(2) the Federal Trade Commission, with respect to designated
payment systems and financial transaction providers not otherwise
subject to the jurisdiction of any Federal functional regulators
(including the Commission) as described in paragraph (1).
``Sec. 5365. Civil remedies
``(a) Jurisdiction.--In addition to any other remedy under current
law, the district courts of the United States shall have original and
exclusive jurisdiction to prevent and restrain restricted transactions
by issuing appropriate orders in accordance with this section,
regardless of whether a prosecution has been initiated under this
subchapter.
``(b) Proceedings.--
``(1) Institution by federal government.--
``(A) In general.--The United States, acting through the
Attorney General, may institute proceedings under this section
to prevent or restrain a restricted transaction.
``(B) Relief.--Upon application of the United States under
this paragraph, the district court may enter a temporary
restraining order, a preliminary injunction, or an injunction
against any person to prevent or restrain a restricted
transaction, in accordance with rule 65 of the Federal Rules of
Civil Procedure.
``(2) Institution by state attorney general.--
``(A) In general.--The attorney general (or other
appropriate State official) of a State in which a restricted
transaction allegedly has been or will be initiated, received,
or otherwise made may institute proceedings under this section
to prevent or restrain the violation or threatened violation.
``(B) Relief.--Upon application of the attorney general (or
other appropriate State official) of an affected State under
this paragraph, the district court may enter a temporary
restraining order, a preliminary injunction, or an injunction
against any person to prevent or restrain a restricted
transaction, in accordance with rule 65 of the Federal Rules of
Civil Procedure.
``(3) Indian lands.--
``(A) In general.--Notwithstanding paragraphs (1) and (2),
for a restricted transaction that allegedly has been or will be
initiated, received, or otherwise made on Indian lands (as that
term is defined in section 4 of the Indian Gaming Regulatory
Act)--
``(i) the United States shall have the enforcement
authority provided under paragraph (1); and
``(ii) the enforcement authorities specified in an
applicable Tribal-State Compact negotiated under section 11
of the Indian Gaming Regulatory Act (25 U.S.C. 2710) shall
be carried out in accordance with that compact.
``(B) Rule of construction.--No provision of this section
shall be construed as altering, superseding, or otherwise
affecting the application of the Indian Gaming Regulatory Act.
``(c) Limitation Relating to Interactive Computer Services.--
``(1) In general.--Relief granted under this section against an
interactive computer service shall--
``(A) be limited to the removal of, or disabling of access
to, an online site violating section 5363, or a hypertext link
to an online site violating such section, that resides on a
computer server that such service controls or operates, except
that the limitation in this subparagraph shall not apply if the
service is subject to liability under this section under
section 5367;
``(B) be available only after notice to the interactive
computer service and an opportunity for the service to appear
are provided;
``(C) not impose any obligation on an interactive computer
service to monitor its service or to affirmatively seek facts
indicating activity violating this subchapter;
``(D) specify the interactive computer service to which it
applies; and
``(E) specifically identify the location of the online site
or hypertext link to be removed or access to which is to be
disabled.
``(2) Coordination with other law.--An interactive computer
service that does not violate this subchapter shall not be liable
under section 1084(d) of title 18, except that the limitation in
this paragraph shall not apply if an interactive computer service
has actual knowledge and control of bets and wagers and--
``(A) operates, manages, supervises, or directs an Internet
website at which unlawful bets or wagers may be placed,
received, or otherwise made or at which unlawful bets or wagers
are offered to be placed, received, or otherwise made; or
``(B) owns or controls, or is owned or controlled by, any
person who operates, manages, supervises, or directs an
Internet website at which unlawful bets or wagers may be
placed, received, or otherwise made, or at which unlawful bets
or wagers are offered to be placed, received, or otherwise
made.
``(d) Limitation on Injunctions Against Regulated Persons.--
Notwithstanding any other provision of this section, and subject to
section 5367, no provision of this subchapter shall be construed as
authorizing the Attorney General of the United States, or the attorney
general (or other appropriate State official) of any State to institute
proceedings to prevent or restrain a restricted transaction against any
financial transaction provider, to the extent that the person is acting
as a financial transaction provider.
``Sec. 5366. Criminal penalties
``(a) In General.--Any person who violates section 5363 shall be
fined under title 18, imprisoned for not more than 5 years, or both.
``(b) Permanent Injunction.--Upon conviction of a person under this
section, the court may enter a permanent injunction enjoining such
person from placing, receiving, or otherwise making bets or wagers or
sending, receiving, or inviting information assisting in the placing of
bets or wagers.
``Sec. 5367. Circumventions prohibited
``Notwithstanding section 5362(2), a financial transaction
provider, or any interactive computer service or telecommunications
service, may be liable under this subchapter if such person has actual
knowledge and control of bets and wagers, and--
``(1) operates, manages, supervises, or directs an Internet
website at which unlawful bets or wagers may be placed, received,
or otherwise made, or at which unlawful bets or wagers are offered
to be placed, received, or otherwise made; or
``(2) owns or controls, or is owned or controlled by, any
person who operates, manages, supervises, or directs an Internet
website at which unlawful bets or wagers may be placed, received,
or otherwise made, or at which unlawful bets or wagers are offered
to be placed, received, or otherwise made.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 53 of title 31, United States Code, is amended by adding at the
end the following:
``Subchapter IV--Prohibition on Funding of Unlawful Internet Gambling
``5361. Congressional findings and purpose.
``5362. Definitions.
``5363. Prohibition on acceptance of any financial instrument for
unlawful Internet gambling.
``5364. Policies and procedures to identify and prevent restricted
transactions.
``5365. Civil remedies.
``5366. Criminal penalties.
``5367. Circumventions prohibited.''.
SEC. 803. INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDICTIONS.
(a) In General.--In deliberations between the United States
Government and any foreign country on money laundering, corruption, and
crime issues, the United States Government should--
(1) encourage cooperation by foreign governments and relevant
international fora in identifying whether Internet gambling
operations are being used for money laundering, corruption, or
other crimes;
(2) advance policies that promote the cooperation of foreign
governments, through information sharing or other measures, in the
enforcement of this Act; and
(3) encourage the Financial Action Task Force on Money
Laundering, in its annual report on money laundering typologies, to
study the extent to which Internet gambling operations are being
used for money laundering purposes.
(b) Report Required.--The Secretary of the Treasury shall submit an
annual report to the Congress on any deliberations between the United
States and other countries on issues relating to Internet gambling.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.