[Congressional Record Volume 152, Number 109 (Thursday, September 7, 2006)]
[Senate]
[Pages S9194-S9209]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

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

       On page 230, beginning on line 15, strike ``$19,265,000'' 
     and all that follows through line 16 and insert the 
     following: ``$219,265,000, to remain available until 
     September 30, 2008: Provided, That $200,000,000 of such funds 
     is available only for a unit dedicated to bringing to justice 
     Osama bin Laden and other key leaders of al Qaeda: Provided 
     further, That the Secretary of Defense shall, not later than 
     60 days after the date of the enactment of this Act, and 
     every 90 days thereafter, submit to the congressional defense 
     committees, the Committee on International Relations of the 
     House of Representatives, and the Committee on Foreign 
     Relations of the Senate a classified report on progress made 
     by the operations in the global war on terrorism for which 
     funding is provided in this Act, including an assessment of 
     the likely current location of terrorist leaders, including 
     Osama bin Laden and other key leaders of al Qaeda, a 
     description of ongoing efforts to bring to justice such 
     terrorists, a description of the cooperation provided by the 
     governments of any countries assessed as likely locations of 
     top leaders of al Qaeda and by other relevant countries, a 
     description of diplomatic efforts currently being made to 
     improve the cooperation of any such governments, and a 
     description of the status of, and strategy for bringing to 
     justice, perpetrators of terrorism including the top 
     leadership of al Qaeda: Provided further, That the Secretary 
     of Defense shall prepare such reports in consultation with 
     other appropriate officials with regard to funds appropriated 
     under this chapter: Provided further, That the amount 
     provided under this heading is designated as making 
     appropriations for contingency operations directly related to 
     the global war on terrorism, and other unanticipated defense-
     related operations, pursuant to section 402 of H. Con. Res. 
     376 (109th Congress), as made applicable to the House of 
     Representatives by H. Res. 818 (109th Congress) and is 
     designated as an emergency requirement pursuant to section 
     402 of S. Con. Res. 83 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2007, as made 
     applicable in the Senate by section 7035 of Public Law 109-
     234.''
                                 ______
                                 
  SA 4908. Mr. SCHUMER (for himself and Mrs. Clinton) submitted an 
amendment intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test and Evaluation, Air Force'', up to 
     $1,000,000 may be available for the Environment Systems, 
     Management, Analysis, and Reporting Network (E-SMART) threat 
     analysis program.
                                 ______
                                 
  SA 4909. Mr. MENENDEZ proposed an amendment to the bill H.R. 5631, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2007, and for other purposes; as follows:

         At the end of title VIII, add the following:
         Sec. 8019. (a) Prohibition on Use of Funds for Certain 
     Public Relations Activities.--None of the amounts 
     appropriated or otherwise made available by this Act may be 
     obligated or expended for a public relations program designed 
     to monitor news media in the United States and the Middle 
     East and create a database of news stories to promote 
     positive coverage of the war in Iraq.
         (b) Scope.--The prohibition in subsection (a) shall not 
     apply to programs and activities of the Department of Defense 
     directed at collecting or analyzing information in the news 
     media.
                                 ______
                                 
  SA 4910. Mr. REID (for himself and Mr. Obama) submitted an amendment 
intended to be proposed by him to the bill H.R. 5631, making 
appropriations for the Department of Defense for the fiscal year ending 
September 30, 2007, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title IX, add the following:
       Sec. 9012. (a) Congress makes the following findings:
       (1) Despite the signing of the Darfur Peace Agreement on 
     May 5, 2006, the violence in Darfur, Sudan, continues to 
     escalate and threatens to spread to other areas of Sudan and 
     throughout the region.
       (2) The African Union Mission in Sudan (AMIS) currently 
     serves as the primary security force in Sudan, but is 
     undermanned and under-equipped.
       (3) Although the United Nations has approved sending a 
     peacekeeping force to Darfur, the African Union Mission in 
     Sudan (AMIS) will need to expand its manpower and capability 
     in order to assist or serve as a bridge force until the 
     United Nations peacekeeping force can be deployed.
       (b) The amount appropriated or otherwise made available by 
     chapter 2 of this title under the heading ``Operation and 
     Maintenance, Defense-Wide'' is hereby increased by 
     $20,000,000.
       (c) Of the amount appropriated or otherwise made available 
     by chapter 2 of this title under the heading ``Operation and 
     Maintenance, Defense-Wide'', as increased by subsection (b), 
     $20,000,000 may be available--
       (1) to assist in the training, support, and equipping of 
     the African Union Mission in Sudan (AMIS) to bolster its 
     efforts to protect the civilian population in Darfur;
       (2) to facilitate the air-lifting of AMIS forces into the 
     Darfur region as quickly as possible; and
       (3) to assist and expand the logistics capability of the 
     African Union Mission in Sudan (AMIS).
       (d) The Secretary of Defense may transfer funds made 
     available under subsection (b) to other appropriations to 
     accomplish the purposes of this section. This transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense. The Secretary shall, 
     not fewer than five days prior to making transfers from this 
     appropriation account, notify the congressional defense 
     committees in writing of the details of any such transfer.
                                 ______
                                 
  SA 4911. Mr. REED (for himself, Mr. Bayh, and Mr. Dorgan) proposed an 
amendment to the bill H.R. 5631, making appropriations for the 
Department of Defense for the fiscal year ending September 30, 2007, 
and for other purposes; as follows:

       At the end of title IX, add the following:
       Sec. 9012. (a) Additional Amount for Aircraft Procurement, 
     Air Force.--The amount appropriated by chapter 3 of this 
     title under the heading ``Aircraft Procurement, Air Force'' 
     is hereby increased by $65,400,000, with the amount of the 
     increase designated as appropriations for contingency 
     operations directly related to the Global War on Terrorism, 
     and other unanticipated defense-related operations, pursuant 
     to section 402 of H. Con. Res. 376 (109th Congress), as made 
     applicable to the House of Representatives by H. Con. Res. 
     818 (109th Congress) and designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 83 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2007, as made applicable in the Senate by Section 7035 
     of Public Law 109-234.
       (b) Availability for Procurement of Predators.--Of the 
     amount appropriated by chapter 3 of this title under the 
     heading ``Aircraft Procurement, Air Force'' as increased by 
     subsection (a), up to $65,400,000 may be available for 
     procurement of Predators for Special Operations forces.
       (c) Supplement Not Supplant.--The amount available under 
     subsection (b) for the purpose specified in that subsection 
     is in addition to any other amounts available in this Act for 
     that purpose.
                                 ______
                                 
  SA 4912. Mr. REID (for himself, Mr. Obama, Mrs. Clinton, and Mr. 
Durbin) submitted an amendment intended to be proposed by him to the 
bill H.R. 5631, making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       At the end of title IX, add the following:
       Sec. 9012. (a) Congress makes the following findings:
       (1) Despite the signing of the Darfur Peace Agreement on 
     May 5, 2006, the violence in Darfur, Sudan, continues to 
     escalate and threatens to spread to other areas of Sudan and 
     throughout the region.
                                 ______
                                 
  SA 4913. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 5631, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2007, and for other 
purposes; as follows:

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

[[Page S9195]]

     military and civilian personnel in the event of a civil war 
     in Iraq.
       (b) Form.--The report required by subsection (a) may be 
     submitted in classified form.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Foreign Relations, the Select Committee on Intelligence, and 
     the Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     International Relations, the Permanent Select Committee on 
     Intelligence, and the Committee on Appropriations of the 
     House of Representatives.
                                 ______
                                 
  SA 4914. Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Burns, Mr. 
Dorgan, and Mr. Wyden) submitted an amendment intended to be proposed 
by him to the bill H.R. 5631, making appropriations for the Department 
of Defense for the fiscal year ending September 30, 2007, and for other 
purposes; which was ordered to lie on the table; as follows:

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


                       DEPARTMENT OF THE INTERIOR

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


                       DEPARTMENT OF AGRICULTURE

       For an additional amount for ``Wildland Fire Management'' 
     under the heading ``DEPARTMENT OF AGRICULTURE'' of title III 
     of the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2006 (Public Law 109-54), 
     $175,000,000 for the conduct of emergency wildfire 
     suppression activities of the Secretary of Agriculture, 
     acting through the Chief of the Forest Service, to be made 
     available beginning on the date of enactment of this Act and 
     to remain available until expended: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 83 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2007, as made applicable in the Senate by section 7035 
     of Public Law 109-234.
                                 ______
                                 
  SA 4915. Mr. BINGAMAN (for himself, Mr. Domenici, Mr. Burns, Mr. 
Dorgan, Ms. Cantwell, Mr. Reid, and Mr. Salazar) proposed an amendment 
to the bill H.R. 5631, making appropriations for the Department of 
Defense for the fiscal year ending September 30, 2007, and for other 
purposes; as follows:

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


                       DEPARTMENT OF THE INTERIOR

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


                       DEPARTMENT OF AGRICULTURE

       For an additional amount for ``Wildland Fire Management'' 
     under the heading ``DEPARTMENT OF AGRICULTURE'' of title III 
     of the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2006 (Public Law 109-54), 
     $175,000,000 for the conduct of emergency wildfire 
     suppression activities of the Secretary of Agriculture, 
     acting through the Chief of the Forest Service: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of S. Con. 
     Res. 83 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2007, as made applicable in the Senate 
     by section 7035 of Public Law 109-234.
                                 ______
                                 
  SA 4916. Mr. STEVENS (for Mr. Cochran) proposed an amendment to the 
bill H.R. 5631, making appropriations for the Department of Defense for 
the fiscal year ending September 30, 2007, and for other purposes; as 
follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test and Evaluation, Navy'', up to $300,000 may 
     be available for independent testing of the Joint Improvised 
     Explosive Device Neutralizer III, with such test to be 
     designed and conducted by the Marine Corps Warfighting 
     Laboratory.
       (2) The African Union Mission in Sudan (AMIS) currently 
     serves as the primary security force in Sudan, but is 
     undermanned and underequipped.
       (3) Although the United Nations has approved sending a 
     peacekeeping force to Darfur, the African Union Mission in 
     Sudan (AMIS) will need to expand its manpower and capability 
     in order to assist or serve as a bridge force until the 
     United Nations peacekeeping force can be deployed.
       (b) The amount appropriated or otherwise made available by 
     chapter 2 of this title under the heading ``Operation and 
     Maintenance, Defense-Wide'' is hereby increased by 
     $20,000,000.
       (c) Of the amount appropriated or otherwise made available 
     by chapter 2 of this title under the heading ``Operation and 
     Maintenance, Defense-Wide'', as increased by subsection (b), 
     $20,000,000 may be available--
       (1) to assist in the training, support, and equipping of 
     the African Union Mission in Sudan (AMIS) to bolster its 
     efforts to protect the civilian population in Darfur;
       (2) to facilitate the air-lifting of AMIS forces into the 
     Darfur region as quickly as possible; and
       (3) to assist and expand the logistics capability of the 
     African Union Mission in Sudan (AMIS).
       (d) The amount made available by subsection (b) is 
     designated as appropriations for contingency operations 
     directly related to the global war on terrorism, and other 
     unanticipated defense-related operations, pursuant to section 
     402 of H. Con. Res. 376 (109th Congress), as made applicable 
     to the House of Representatives by H. Res. 818 (109th 
     Congress) and is designated as an emergency requirement 
     pursuant to section 402 of S. Con. Res. 83 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2007, 
     as made applicable in the Senate by section 7035 of Public 
     Law 109-234.
       (e) The Secretary of Defense may transfer funds made 
     available by subsection (b) to other appropriations to 
     accomplish the purposes of this section. This transfer 
     authority is in addition to any other transfer authority 
     available to the Department of Defense. The Secretary shall, 
     not fewer than five days prior to making transfers from this 
     appropriation account, notify the congressional defense 
     committees in writing of the details of any such transfer.
                                 ______
                                 
  SA 4917. Mr. STEVENS proposed an amendment to the bill H.R. 5631, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2007, and for other purposes; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Notwithstanding any other provision of law, the 
     Secretary of the Army may reimburse a member for expenses 
     incurred by the member or family member when such expenses 
     are otherwise not reimbursable under law:
       Provided, That such expenses must have been incurred in 
     good faith as a direct consequence of reasonable preparation 
     for, or execution of, military orders:
       Provided further, That reimbursement under this section 
     shall be allowed only in situations wherein other authorities 
     are insufficient to remedy a hardship determined by the 
     Secretary, and only when the Secretary determines that 
     reimbursement of the expense is in the best interest of the 
     member and the United States:
       Provided further, That this provision shall only apply to 
     soldiers assigned to the 172nd Stryker Brigade Combat Team.
                                 ______
                                 
  SA 4918. Mr. STEVENS proposed an amendment to the bill H.R. 5631, 
making appropriations for the Department of Defense for the fiscal year 
ending September 30, 2007, and for other purposes; as follows:

       At the end of title VIII, add the following:
       Sec. 8109. Of the amount appropriated or otherwise made 
     available by title IV under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for DARPA 
     Management Headquarters, up to $1,000,000 may be available 
     for the Heavy Fuel Diesel Engine (PE #0603286E).
                                 ______
                                 
  SA 4919. Mr. FRIST (for himself, Mr. Reid, Ms. Collins, Mr. Stevens, 
Mr. Grassley, Mrs. Murray, Mr. Inouye, Mr. Baucus, Mr. Lieberman, Mr. 
Coleman, and Mr. Allen) proposed an amendment to the bill H.R. 4954, to 
improve maritime and cargo security through enhanced layered defenses, 
and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

[[Page S9196]]

              TITLE I--SECURITY OF UNITED STATES SEAPORTS

                     Subtitle A--General Provisions

Sec. 101. Area Maritime Transportation Security Plan to include salvage 
              response plan.
Sec. 102. Requirements relating to maritime facility security plans.
Sec. 103. Unannounced inspections of maritime facilities.
Sec. 104. Transportation security card.
Sec. 105. Long-range vessel tracking.
Sec. 106. Establishment of interagency operational centers for port 
              security.

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

Sec. 111. Port security grants.
Sec. 112. Port Security Training Program.
Sec. 113. Port Security Exercise Program.

                      Subtitle C--Port Operations

Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Port security user fee study.
Sec. 123. Inspection of car ferries entering from Canada.
Sec. 124. Random searches of containers.
Sec. 125. Work stoppages and employee-employer disputes.

          TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

                     Subtitle A--General Provisions

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

        Subtitle B--Customs-Trade Partnership Against Terrorism

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

                  Subtitle C--Miscellaneous Provisions

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

                       TITLE III--ADMINISTRATION

Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology 
              Advisory Committee.
Sec. 303. Research, development, test, and evaluation efforts in 
              furtherance of maritime and cargo security.

                TITLE IV--AGENCY RESOURCES AND OVERSIGHT

Sec. 401. Office of International Trade.
Sec. 402. Resources.
Sec. 403. Negotiations.
Sec. 404. International Trade Data System.
Sec. 405. In-bond cargo.
Sec. 406. Sense of the Senate.

     SEC. 2. DEFINITIONS.

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

              TITLE I--SECURITY OF UNITED STATES SEAPORTS

                     Subtitle A--General Provisions

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

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

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

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

     SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.

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

[[Page S9197]]

     SEC. 104. TRANSPORTATION SECURITY CARD.

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

     SEC. 105. LONG-RANGE VESSEL TRACKING.

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

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

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

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

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

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

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

     SEC. 111. PORT SECURITY GRANTS.

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

[[Page S9198]]

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

     SEC. 112. PORT SECURITY TRAINING PROGRAM.

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

     SEC. 113. PORT SECURITY EXERCISE PROGRAM.

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

                      Subtitle C--Port Operations

     SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.

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

     SEC. 122. PORT SECURITY USER FEE STUDY.

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

[[Page S9199]]

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

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

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

     SEC. 124. RANDOM SEARCHES OF CONTAINERS.

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

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

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

          TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

                     Subtitle A--General Provisions

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

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

     SEC. 202. POST INCIDENT RESUMPTION OF TRADE.

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

[[Page S9200]]

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

     SEC. 203. AUTOMATED TARGETING SYSTEM.

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

     SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.

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

     SEC. 205. CONTAINER SECURITY INITIATIVE.

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

[[Page S9201]]

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

        Subtitle B--Customs-Trade Partnership Against Terrorism

     SEC. 211. ESTABLISHMENT.

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

     SEC. 212. ELIGIBLE ENTITIES.

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

     SEC. 213. MINIMUM REQUIREMENTS.

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

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

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

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

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

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

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

     SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.

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

[[Page S9202]]

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

     SEC. 218. REVALIDATION.

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

     SEC. 219. NONCONTAINERIZED CARGO.

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

     SEC. 220. C-TPAT PROGRAM MANAGEMENT.

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

     SEC. 221. RESOURCE MANAGEMENT STAFFING PLAN.

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

     SEC. 222. ADDITIONAL PERSONNEL.

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

     SEC. 223. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 224. REPORT TO CONGRESS.

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

                  Subtitle C--Miscellaneous Provisions

     SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.

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

     SEC. 232. INTERNATIONAL COOPERATION AND COORDINATION.

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

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

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

[[Page S9203]]

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

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

                       TITLE III--ADMINISTRATION

     SEC. 301. OFFICE OF CARGO SECURITY POLICY.

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

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

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

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

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

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

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

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

                TITLE IV--AGENCY RESOURCES AND OVERSIGHT

     SEC. 401. OFFICE OF INTERNATIONAL TRADE.

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

[[Page S9204]]

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

     SEC. 402. RESOURCES.

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

     SEC. 403. NEGOTIATIONS.

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

     SEC. 404. INTERNATIONAL TRADE DATA SYSTEM.

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

[[Page S9205]]

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

     SEC. 405. IN-BOND CARGO.

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

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

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

     SEC. 406. SENSE OF THE SENATE.

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

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

       At the appropriate place, insert the following:


                       DEPARTMENT OF THE INTERIOR

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


                       DEPARTMENT OF AGRICULTURE

       For an additional amount for ``Wildland Fire Management'' 
     under the heading ``DEPARTMENT OF AGRICULTURE'' of title III 
     of the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2006 (Public Law 109-54), 
     $175,000,000 for the conduct of emergency wildfire 
     suppression activities of the Secretary of Agriculture, 
     acting through the Chief of the Forest Service, to be made 
     available beginning on the date of enactment of this Act and 
     to remain available until expended: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of S. Con. Res. 83 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2007, as made applicable in the Senate by section 7035 
     of Public Law 109-234.
  SA 4921. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   TITLE      --NATIONAL ALERT SYSTEM

     SECTION --100. TABLE OF CONTENTS.

       The table of contents for this title is as follows:

Sec. --100. Table of contents.

                   Title      --National Alert System

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

     SEC. --101. SHORT TITLE.

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

     SEC. --102. NATIONAL ALERT SYSTEM.

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

[[Page S9206]]

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

     SEC. --103. IMPLEMENTATION AND USE.

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

[[Page S9207]]

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

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

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

     SEC. --105. NATIONAL ALERT OFFICE.

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

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

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

[[Page S9208]]

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

     SEC. --107. RESEARCH AND DEVELOPMENT.

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

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

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

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

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

     SEC. --110. ESSENTIAL SERVICES DISASTER ASSISTANCE.

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

     ``SEC. 425. ESSENTIAL SERVICE PROVIDERS.

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

     SEC. --111. DEFINITIONS.

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

     SEC. --112. EXISTING INTERAGENCY ACTIVITIES.

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

[[Page S9209]]

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

     SEC. --113. FUNDING.

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

                          ____________________