[Congressional Record Volume 152, Number 111 (Monday, September 11, 2006)]
[Senate]
[Pages S9311-S9318]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4924. Mr. ROCKEFELLER 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:

     SEC. ------. ESTABLISHMENT OF COMPETITIVE RESEARCH PROGRAM.

       (a) In General.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

       ``(a) In General.--
       ``(1) Establishment.--The Secretary, acting through the 
     Under Secretary for Science and Technology, shall establish a 
     competitive research program within the Directorate.
       ``(2) Director.--The program shall be headed by a Director, 
     who shall be appointed by the Secretary. The Director shall 
     report to the Under Secretary.
       ``(3) Duties of Director.--In the administration of the 
     program, the Director shall--
       ``(A) establish a cofunding mechanism for States with 
     academic facilities that have not fully developed security-
     related science and technology to support burgeoning research 
     efforts by the faculty or link them to established 
     investigators;
       ``(B) provide for conferences, workshops, outreach, and 
     technical assistance to researchers and institutions of 
     higher education in States on topics related to developing 
     science and technology expertise in areas of high interest 
     and relevance to the Department;
       ``(C) monitor the efforts of States to develop programs 
     that support the Department's mission;

[[Page S9312]]

       ``(D) implement a merit review program, consistent with 
     program objectives, to ensure the quality of research 
     conducted with Program funding; and
       ``(E) provide annual reports on the progress and 
     achievements of the Program to the Secretary.
       ``(b) Assistance Under the Program.--
       ``(1) Scope.--The Director shall provide assistance under 
     the program for research and development projects that are 
     related to, or qualify as, homeland security research (as 
     defined in section 307(a)(2)) under the program.
       ``(2) Form of assistance.--Assistance under the program can 
     take the form of grants, contracts, or cooperative 
     arrangements.
       ``(3) Applications.--Applicants shall submit proposals or 
     applications in such form, at such times, and containing such 
     information as the Director may require.
       ``(c) Implementation.--
       ``(1) Start-up phases.--For the first 3 fiscal years 
     beginning after the date of enactment of the Border 
     Infrastructure and Technology Integration Act of 2004, 
     assistance under the program shall be limited to institutions 
     of higher education located in States in which an institution 
     of higher education with a grant from, or a contract or 
     cooperative agreement with, the National Science Foundation 
     under section 113 of the National Science Foundation Act of 
     1988 (42 U.S.C. 1862) is located.
       ``(2) Subsequent fiscal years.--
       ``(A) In general.--Beginning with the 4th fiscal year after 
     the date of enactment of this Act, the Director shall rank 
     order the States (excluding any noncontiguous State (as 
     defined in section 2(14)) other than Alaska, Hawaii, the 
     Commonwealth of Puerto Rico, and the Virgin Islands) in 
     descending order in terms of the average amount of funds 
     received by institutions of higher education (as that term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)) in each State that received financial 
     assistance in the form of grants, contracts, or cooperative 
     arrangements under this title during each of the preceding 3 
     fiscal years.
       ``(B) Allocation.--Beginning with the 4th fiscal year after 
     the date of enactment of this Act, assistance under the 
     program for any fiscal year is limited to institutions of 
     higher education located in States in the lowest third of 
     those ranked under subparagraph (A) for that fiscal year.
       ``(C) Determination of location.--For purposes of this 
     paragraph, an institution of higher education shall be 
     considered to be located in the State in which its home 
     campus is located, except that assistance provided under the 
     program to a division, institute, or other facility located 
     in another State for use in that State shall be considered to 
     have been provided to an institution of higher education 
     located in that other State.
       ``(D) Multiyear assistance.--For purposes of this 
     paragraph, assistance under the program that is provided on a 
     multi-year basis shall be counted as provided in each such 
     year in the amount so provided for that year.
       ``(d) Funding.--The Secretary shall ensure that no less 
     than 5 percent of the amount appropriated for each fiscal 
     year to the Acceleration Fund for Research and Development of 
     Homeland Security Technologies established by section 
     307(c)(1) is allocated to the program established by 
     subsection (a).''.
       (b) Conforming Amendment.--The table of contents of the 
     Homeland Security Act of 2002 is amended by inserting after 
     the item relating to section 313 the following:

``Sec. 314. Competitive research program.''.
                                 ______
                                 
  SA 4925. Mr. SHELBY (for himself, Mr. Sarbanes, Mr. Santorum, Mr. 
Reed, Mr. Menendez, Mrs. Clinton, and Mr. Lieberman) 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 __--MASS TRANSIT SECURITY

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Public Transportation 
     Terrorism Prevention Act of 2006''.

     SEC. __02. FINDINGS.

       Congress finds that--
       (1) public transportation systems throughout the world have 
     been a primary target of terrorist attacks, causing countless 
     death and injuries;
       (2) 5,800 public transportation agencies operate in the 
     United States;
       (3) 14,000,000 people in the United States ride public 
     transportation each work day;
       (4) safe and secure public transportation systems are 
     essential for the Nation's economy and for significant 
     national and international public events;
       (5) the Federal Transit Administration has invested 
     $74,900,000,000 since 1992 for construction and improvements 
     to the Nation's public transportation systems;
       (6) the Federal Government appropriately invested 
     $18,100,000,000 in fiscal years 2002 through 2005 to protect 
     our Nation's aviation system and its 1,800,000 daily 
     passengers;
       (7) the Federal Government has allocated $250,000,000 in 
     fiscal years 2003 through 2005 to protect public 
     transportation systems in the United States;
       (8) the Federal Government has invested $7.38 in aviation 
     security improvements per passenger, but only $0.007 in 
     public transportation security improvements per passenger;
       (9) the Government Accountability Office, the Mineta 
     Institute for Surface Transportation Policy Studies, the 
     American Public Transportation Association, and many 
     transportation experts have reported an urgent need for 
     significant investment in public transportation security 
     improvements; and
       (10) the Federal Government has a duty to deter and 
     mitigate, to the greatest extent practicable, threats against 
     the Nation's public transportation systems.

     SEC. __03. SECURITY ASSESSMENTS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--Not later than 30 days after the date of 
     the enactment of this Act, the Federal Transit Administration 
     of the Department of Transportation shall submit all public 
     transportation security assessments and all other relevant 
     information to the Secretary of Homeland Security.
       (2) Review.--Not later than July 31, 2007, the Secretary of 
     Homeland Security shall review and augment the security 
     assessments received under paragraph (1).
       (3) Allocations.--The Secretary of Homeland Security shall 
     use the security assessments received under paragraph (1) as 
     the basis for allocating grant funds under section __04, 
     unless the Secretary notifies the Committee on Banking, 
     Housing, and Urban Affairs of the Senate that the Secretary 
     has determined that an adjustment is necessary to respond to 
     an urgent threat or other significant factors.
       (4) Security improvement priorities.--Not later than 
     September 30, 2007, the Secretary of Homeland Security, after 
     consultation with the management and employee representatives 
     of each public transportation system for which a security 
     assessment has been received under paragraph (1) and with 
     appropriate State and local officials, shall establish 
     security improvement priorities that will be used by public 
     transportation agencies for any funding provided under 
     section __04.
       (5) Updates.--Not later than July 31, 2008, and annually 
     thereafter, the Secretary of Homeland Security shall--
       (A) update the security assessments referred to in this 
     subsection; and
       (B) conduct security assessments of all public 
     transportation agencies considered to be at greatest risk of 
     a terrorist attack.
       (b) Use of Security Assessment Information.--The Secretary 
     of Homeland Security shall use the information collected 
     under subsection (a)--
       (1) to establish the process for developing security 
     guidelines for public transportation security; and
       (2) to design a security improvement strategy that--
       (A) minimizes terrorist threats to public transportation 
     systems; and
       (B) maximizes the efforts of public transportation systems 
     to mitigate damage from terrorist attacks.
       (c) Bus and Rural Public Transportation Systems.--Not later 
     than July 31, 2007, the Secretary of Homeland Security shall 
     conduct security assessments, appropriate to the size and 
     nature of each system, to determine the specific needs of--
       (1) local bus-only public transportation systems; and
       (2) selected public transportation systems that receive 
     funds under section 5311 of title 49, United States Code.

     SEC. __04. SECURITY ASSISTANCE GRANTS.

       (a) Capital Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable capital security improvements based on the 
     priorities established under section __03(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) tunnel protection systems;
       (B) perimeter protection systems;
       (C) redundant critical operations control systems;
       (D) chemical, biological, radiological, or explosive 
     detection systems;
       (E) surveillance equipment;
       (F) communications equipment;
       (G) emergency response equipment;
       (H) fire suppression and decontamination equipment;
       (I) global positioning or automated vehicle locator type 
     system equipment;
       (J) evacuation improvements; and
       (K) other capital security improvements.
       (b) Operational Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable operational security improvements based on the 
     priorities established under section __03(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) security training for public transportation employees, 
     including bus and rail operators, mechanics, customer 
     service, maintenance employees, transit police, and security 
     personnel;
       (B) live or simulated drills;

[[Page S9313]]

       (C) public awareness campaigns for enhanced public 
     transportation security;
       (D) canine patrols for chemical, biological, or explosives 
     detection;
       (E) overtime reimbursement for enhanced security personnel 
     during significant national and international public events, 
     consistent with the priorities established under section 
     __03(a)(4); and
       (F) other appropriate security improvements identified 
     under section __03(a)(4), excluding routine, ongoing 
     personnel costs.
       (c) State Homeland Security Plans.--In establishing 
     security improvement priorities under section 3(a)(4) and in 
     awarding grants for capital security improvements and 
     operational security improvements under subsections (a) and 
     (b), respectively, the Secretary of Homeland Security shall 
     ensure that its actions are consistent with relevant State 
     Homeland Security Plans.
       (d) Multi-State Transportation Systems.--In cases where a 
     public transportation system operates in more than 1 State, 
     the Secretary of Homeland Security shall give appropriate 
     consideration to the risks of the entire system, including 
     those portions of the States into which the system crosses, 
     in establishing security improvement priorities under section 
     3(a)(4), and in awarding grants for capital security 
     improvements and operational security improvements under 
     subsections (a) and (b), respectively.
       (e) Congressional Notification.--Not later than 3 days 
     before the award of any grant under this section, the 
     Secretary of Homeland Security shall notify the Committee on 
     Banking, Housing, and Urban Affairs of the Senate of the 
     intent to award such grant.
       (f) Public Transportation Agency Responsibilities.--Each 
     public transportation agency that receives a grant under this 
     section shall--
       (1) identify a security coordinator to coordinate security 
     improvements;
       (2) develop a comprehensive plan that demonstrates the 
     agency's capacity for operating and maintaining the equipment 
     purchased under this section; and
       (3) report annually to the Department of Homeland Security 
     on the use of grant funds received under this section.
       (g) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified for that grant under 
     this section, the grantee shall return any amount so used to 
     the Treasury of the United States.

     SEC. __05. INTELLIGENCE SHARING.

       (a) Intelligence Sharing.--The Secretary of Homeland 
     Security shall ensure that the Department of Transportation 
     receives appropriate and timely notification of all credible 
     terrorist threats against public transportation assets in the 
     United States.
       (b) Information Sharing Analysis Center.--
       (1) Establishment.--The Secretary of Homeland Security 
     shall provide sufficient financial assistance for the 
     reasonable costs of the Information Sharing and Analysis 
     Center for Public Transportation (referred to in this 
     subsection as the ``ISAC'') established pursuant to 
     Presidential Directive 63, to protect critical 
     infrastructure.
       (2) Public transportation agency participation.--The 
     Secretary of Homeland Security--
       (A) shall require those public transportation agencies that 
     the Secretary determines to be at significant risk of 
     terrorist attack to participate in the ISAC;
       (B) shall encourage all other public transportation 
     agencies to participate in the ISAC; and
       (C) shall not charge a fee to any public transportation 
     agency for participating in the ISAC.

     SEC. __06. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS 
                   AND CONTRACTS.

       (a) Grants and Contracts Authorized.--The Secretary of 
     Homeland Security, through the Homeland Security Advanced 
     Research Projects Agency in the Science and Technology 
     Directorate and in consultation with the Federal Transit 
     Administration, shall award grants or contracts to public or 
     private entities to conduct research into, and demonstrate, 
     technologies and methods to reduce and deter terrorist 
     threats or mitigate damages resulting from terrorist attacks 
     against public transportation systems.
       (b) Use of Funds.--Grants or contracts awarded under 
     subsection (a)--
       (1) shall be coordinated with Homeland Security Advanced 
     Research Projects Agency activities; and
       (2) may be used to--
       (A) research chemical, biological, radiological, or 
     explosive detection systems that do not significantly impede 
     passenger access;
       (B) research imaging technologies;
       (C) conduct product evaluations and testing; and
       (D) research other technologies or methods for reducing or 
     deterring terrorist attacks against public transportation 
     systems, or mitigating damage from such attacks.
       (c) Reporting Requirement.--Each entity that is awarded a 
     grant or contract under this section shall report annually to 
     the Department of Homeland Security on the use of grant or 
     contract funds received under this section.
       (d) Return of Misspent Grant or Contract Funds.--If the 
     Secretary of Homeland Security determines that a grantee or 
     contractor used any portion of the grant or contract funds 
     received under this section for a purpose other than the 
     allowable uses specified under subsection (b), the grantee or 
     contractor shall return any amount so used to the Treasury of 
     the United States.

     SEC. __07. REPORTING REQUIREMENTS.

       (a) Semi-Annual Report to Congress.--
       (1) In general.--Not later than March 31 and September 30 
     each year, the Secretary of Homeland Security shall submit a 
     report, containing the information described in paragraph 
     (2), to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Appropriations of the Senate.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the implementation of the provisions 
     of sections __03 through __06;
       (B) the amount of funds appropriated to carry out the 
     provisions of each of sections __03 through __06 that have 
     not been expended or obligated; and
       (C) the state of public transportation security in the 
     United States.
       (b) Annual Report to Governors.--
       (1) In general.--Not later than March 31 each year, the 
     Secretary of Homeland Security shall submit a report to the 
     Governor of each State with a public transportation agency 
     that has received a grant under this title.
       (2) Contents.--The report submitted under paragraph (1) 
     shall specify--
       (A) the amount of grant funds distributed to each such 
     public transportation agency; and
       (B) the use of such grant funds.

     SEC. __08. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Security Assistance Program.--There are 
     authorized to be appropriated $2,370,000,000 for fiscal year 
     2007 to carry out the provisions of section __04(a), which 
     shall remain available until expended.
       (b) Operational Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section __04(b)--
       (1) $534,000,000 for fiscal year 2007;
       (2) $333,000,000 for fiscal year 2008; and
       (3) $133,000,000 for fiscal year 2009.
       (c) Intelligence.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     section __05.
       (d) Research.--There are authorized to be appropriated 
     $130,000,000 for fiscal year 2007 to carry out the provisions 
     of section __06, which shall remain available until expended.

     SEC. __09. SUNSET PROVISION.

       The authority to make grants under this title shall expire 
     on October 1, 2010.
                                 ______
                                 
  SA 4926. Mr. STEVENS (for himself, Mr. Inouye, Mr. McCain, Mr. 
Lautenberg, and Mrs. Clinton) proposed an amendment to amendment SA 
4922 submitted by Mr. McCain (for himself, Ms. Snowe, Mr. DeWine, Mr. 
Biden, and Mr. Lieberman) to the bill H.R. 4954, to improve maritime 
and cargo security through enhanced layered defenses, and for other 
purposes; as follows:

       On page 19, line 5, strike ``and''.
       On page 19, line 6, strike ``efforts.'' and insert 
     ``efforts; and''.
       On page 19, between lines 6 and 7, insert the following:
       (8) for employee security training.
       On page 20, line 1, strike ``2007'' and insert ``2007, 
     $30,000,000 for fiscal year 2008, and $30,000,000 for fiscal 
     year 2009''.
       On page 31, line 15, strike ``20116.'' and insert 
     ``20118.''.
       On page 31, line 25, strike ``perceived threat to security; 
     or'' and insert ``reasonably perceived threat, in good faith, 
     to security; or''.
       On page 32, line 4, strike ``perceived threat to security; 
     or'' and insert ``reasonably perceived threat, in good faith, 
     to security; or''.
       On page 33, line 7, after ``(2),'' insert ``or with the 
     written consent of the employee,''.
       On page 33, beginning in line 10, strike ``section without 
     the written consent of the employee.'' and insert 
     ``section.''.
       On page 33, after line 11, strike the item relating to 
     section 20116 and insert the following:

``20118. Whistleblower protection for rail security matters''.

       On page 33, after the item appearing after line 11, insert 
     the following:

     SEC. --118. RAIL WORKER SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security and 
     the Secretary of Transportation, in consultation with 
     appropriate law enforcement, security, and terrorism experts, 
     representatives of railroad carriers, and nonprofit employee 
     organizations that represent rail workers, shall develop and 
     issue detailed guidance for a rail worker security training 
     program to prepare front-line workers for potential threat 
     conditions. The guidance shall take into consideration any 
     current security training requirements or best practices.
       (b) Program Elements.--The guidance developed under 
     subsection (a) shall include elements, as appropriate to 
     passenger and freight rail service, that address the 
     following:
       (1) Determination of the seriousness of any occurrence.

[[Page S9314]]

       (2) Crew communication and coordination.
       (3) Appropriate responses to defend or protect oneself.
       (4) Use of protective devices.
       (5) Evacuation procedures.
       (6) Psychology of terrorists to cope with hijacker behavior 
     and passenger responses.
       (7) Situational training exercises regarding various threat 
     conditions.
       (8) Any other subject the Secretary considers appropriate.
       (c) Railroad Carrier Programs.--Not later than 90 days 
     after the Secretary of Homeland Security issues guidance 
     under subsection (a) in final form, each railroad carrier 
     shall develop a rail worker security training program in 
     accordance with that guidance and submit it to the Secretary 
     for review. Not later than 30 days after receiving a railroad 
     carrier's program under this subsection, the Secretary shall 
     review the program and transmit comments to the railroad 
     carrier concerning any revisions the Secretary considers 
     necessary for the program to meet the guidance requirements. 
     A railroad carrier shall respond to the Secretary's comments 
     within 30 days after receiving them.
       (d) Training.--Not later than 1 year after the Secretary 
     reviews the training program developed by a railroad carrier 
     under this section, the railroad carrier shall complete the 
     training of all front-line workers in accordance with that 
     program. The Secretary shall review implementation of the 
     training program of a representative sample of railroad 
     carriers and report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Transportation and Infrastructure, and the House 
     of Representatives Committee on Homeland Security on the 
     number of reviews conducted and the results. The Secretary 
     may submit the report in both classified and redacted formats 
     as necessary.
       (e) Updates.--The Secretary shall update the training 
     guidance issued under subsection (a) as appropriate to 
     reflect new or different security threats. Railroad carriers 
     shall revise their programs accordingly and provide 
     additional training to their front-line workers within a 
     reasonable time after the guidance is updated.
       (f) Front-Line Workers Defined.--In this section, the term 
     ``front-line workers'' means security personnel, dispatchers, 
     train operators, other onboard employees, maintenance and 
     maintenance support personnel, bridge tenders, as well as 
     other appropriate employees of railroad carriers, as defined 
     by the Secretary.
       (g) Other Employees.--The Secretary of Homeland Security 
     shall issue guidance and best practices for a rail shipper 
     employee security program containing the elements listed 
     under subsection (b) as appropriate.

     SEC. --119. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
                   PLANS.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) and the 
     Secretary of Transportation, shall require rail carriers 
     transporting a high hazard material, and of a quantity equal 
     or exceeding the quantities of such material listed in 
     subpart 172.800, title 49, Federal Code of Regulations, to 
     develop a high hazard material security threat mitigation 
     plan containing appropriate measures, including alternative 
     routing and temporary shipment suspension options, to address 
     assessed risks to high consequence targets. The plan, and any 
     information submitted to the Secretary under this section 
     shall be protected as sensitive security information under 
     the regulations prescribed under section 114(s) of title 49, 
     United States Code.
       (b) Implementation.--A high hazard material security threat 
     mitigation plan shall be put into effect by a rail carrier 
     for the shipment of high hazardous materials by rail on the 
     rail carrier's right-of-way when the threat levels of the 
     Homeland Security Advisory System are high or severe and 
     specific intelligence of probable or imminent threat exists 
     towards--
       (1) a high-consequence target that is within the 
     catastrophic impact zone of a railroad right-of-way used to 
     transport high hazardous material; or
       (2) rail infrastructure or operations within the immediate 
     vicinity of a high-consequence target.
       (c) Completion and Review of Plans.--
       (1) Plans required.--Each rail carrier shall--
       (A) submit a list of routes used to transport high hazard 
     materials to the Secretary of Homeland Security within 60 
     days after the date of enactment of this Act;
       (B) develop and submit a high hazard material security 
     threat mitigation plan to the Secretary within 180 days after 
     it receives the notice of high consequence targets on such 
     routes by the Secretary; and
       (C) submit any subsequent revisions to the plan to the 
     Secretary within 30 days after making the revisions.
       (2) Review and updates.--The Secretary, with assistance of 
     the Secretary of Transportation, shall review the plans and 
     transmit comments to the railroad carrier concerning any 
     revisions the Secretary considers necessary. A railroad 
     carrier shall respond to the Secretary's comments within 30 
     days after receiving them. Each rail carrier shall update and 
     resubmit its plan for review not less than every 2 years.
       (d) Definitions.--In this section:
       (1) Catastrophic impact zone.--The term ``catastrophic 
     impact zone'' means the area immediately adjacent to, under, 
     or above an active railroad right-of-way used to ship high 
     hazard materials in which the potential release or explosion 
     of the high hazard material being transported would likely 
     cause--
       (A) loss of life; or
       (B) significant damage to property or structures.
       (2) High-consequence target.--The term ``high-consequence 
     target'' means a building, buildings, infrastructure, public 
     space, or natural resource designated by the Secretary of 
     Homeland Security that is viable terrorist target of national 
     significance, the attack of which could result in--
       (A) catastrophic loss of life; and
       (B) significantly damaged national security and defense 
     capabilities; or
       (C) national economic harm.
       (3) High hazard materials.--The term ``high hazard 
     materials'' means quantities of poison inhalation hazard 
     materials, Class 2.3 gases, Class 6.1 materials, and 
     anhydrous ammonia that the Secretary, in consultation with 
     the Secretary of Transportation, determines pose a security 
     risk.
       (4) Rail carrier.--The term ``rail carrier'' has the 
     meaning given that term by section 10102(5) of title 49, 
     United States Code.

     SEC. --120. PUBLIC AWARENESS.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Homeland Security, in consultation with 
     the Secretary of Transportation, shall develop a national 
     plan for public outreach and awareness. Such plan shall be 
     designed to increase awareness of measures that the general 
     public, railroad passengers, and railroad employees can take 
     to increase railroad system security. Such plan shall also 
     provide outreach to railroad carriers and their employees to 
     improve their awareness of available technologies, ongoing 
     research and development efforts, and available Federal 
     funding sources to improve railroad security. Not later than 
     9 months after the date of enactment of this Act, the 
     Secretary of Homeland Security shall implement the plan 
     developed under this section.

     SEC. --121. RAILROAD HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications.--
       (1) In general.--In conjunction with any rail security 
     research and development program administered by the 
     Department of Homeland Security and consistent with the 
     results of research relating to wireless tracking 
     technologies, the Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), shall 
     develop a program that will encourage the equipping of rail 
     cars transporting high hazard materials (as defined in 
     section --104) in quantities equal to or greater than the 
     quantities specified in subpart 171.800 of title 49, Code of 
     Federal Regulations, with wireless terrestrial or satellite 
     communications technology that provides--
       (A) car position location and tracking capabilities;
       (B) notification of rail car depressurization, breach, or 
     unsafe temperature; and
       (C) notification of hazardous material release.
       (2) Coordination.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for rail car tracking at the Department of Transportation; 
     and
       (B) ensure that the program is consistent with 
     recommendations and findings of the Department of Homeland 
     Security's hazardous material tank rail car tracking pilot 
     programs.
       (b) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this section 
     $3,000,000 for each of fiscal years 2007, 2008, and 2009.
                                 ______
                                 
  SA 4927. Mr. STEVENS (for Mr. DeMint (for himself, Mr. Stevens, and 
Mr. Inouye)) proposed an amendment to amendment SA 4921 proposed by Mr. 
DeMint to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; as follows:

                   TITLE      --NATIONAL ALERT SYSTEM

     SEC. --100. TABLE OF CONTENTS.

       The table of contents for this title is as follows:

                   Title      --National Alert System

Sec. --100. Table of contents.
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. Savings clause.
Sec. --113. Funding.

     SEC. --101. SHORT TITLE.

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

[[Page S9315]]

     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) shall not interfere with existing alert, warning, 
     priority access, or emergency communications systems employed 
     by Federal, State, tribal, or local emergency response 
     personnel and may utilize existing emergency alert 
     technologies, including the NOAA All-Hazards Radio System, 
     digital and analog broadcast, cable, and satellite television 
     and satellite and terrestrial radio;
       (4) shall not be based upon any single technology or 
     platform, but shall be designed to provide alerts to the 
     largest portion of the affected population feasible and 
     improve the ability of remote areas to receive alerts;
       (5) shall incorporate technologies to alert effectively 
     underserved communities (as determined by the Commission 
     under section --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 and 
     preserves access to existing alert, warning, and emergency 
     communications systems pursuant to section --102(c)(3). The 
     Office shall approve or disapprove a request for credentials 
     within 60 days of request by the Federal department or 
     agency, the governor of the State or the elected leader of a 
     federally recognized Indian tribe.
       (2) Requests for credentials.--Requests for credentials 
     from Federal, State, tribal, and local government agencies 
     shall be submitted to the Office by the head of the Federal 
     department or agency, or the governor of the State or the 
     elected leader of a Federally recognized Indian tribe, 
     concerned, for review and approval.
       (3) Scope and Limitations of Credentials.--The Office 
     shall--
       (A) establish eligibility criteria for issuing, renewing, 
     and revoking access credentials;
       (B) limit credentials to appropriate geographic areas or 
     political jurisdictions; and
       (C) ensure that the credentials permit use of the National 
     Alert System only for alerts that are consistent with the 
     jurisdiction, authority, and basis for eligibility of the 
     individual to whom the credentials are issued to use the 
     National Alert System.
       (4) Periodic training.--The Office shall--
       (A) establish a periodic training program for Federal, 
     State, tribal, or local government officials with credentials 
     to use the National Alert System; and
       (B) require such officials to undergo periodic training 
     under the program as a prerequisite for retaining their 
     credentials to use the system.
       (b) Allowable Alerts.--
         (1) In general.--Any alert transmitted via the National 
     Alert System, other than an alert described in paragraph (3), 
     shall meet 1 or more of the following requirements:
       (A) An alert shall notify the public of a hazardous 
     situation that poses an imminent threat to the public health 
     or safety.
       (B) An alert shall provide appropriate instructions for 
     actions to be taken by individuals affected or potentially 
     affected by such a situation.
       (C) An alert shall advise individuals of public addresses 
     by Federal, State, tribal, or local officials when related to 
     a significant threat to public safety and transmit such 
     addresses when practicable and technically feasible.
       (D) An alert shall notify the public of when the hazardous 
     situation has ended or has been brought under control.
       (2) Event eligibility regulations.--The director of the 
     National Alert Office, in consultation with the Working 
     Group, shall by regulation specify--
       (A) the classes of events or situations for which the 
     National Alert System may be used to alert the public; and
       (B) the content of the types of alerts that may be 
     transmitted by or through use of the National Alert System, 
     which may include--
       (i) notifications to the public of a hazardous situation 
     that poses an imminent threat to the public health or safety 
     accompanied by appropriate instructions for actions to be 
     taken by individuals affected or potentially affected by such 
     a situation; and
       (ii) when technologically feasible public addresses by 
     Federal, State, tribal, or local officials related to a 
     significant threat to public safety.
       (3) Opt-in procedures for optional alerts.--The director of 
     the Office, in coordination with the Working Group, may 
     establish a procedure under which licensees who elect to 
     participate in the National Alert System as described in 
     subsection (d), may transmit non-emergency information via 
     the National Alert System to individuals who request such 
     information.
       (c) Access Points.--The National Alert System shall 
     provide--
       (1) secure, widely dispersed multiple access points to 
     Federal, State, or local government officials with 
     credentials that will enable them to initiate alerts for 
     transmission to the public via the National Alert System; and
       (2) system redundancies to ensure functionality in the 
     event of partial system failures, power failures, or other 
     interruptive events.
       (d) Election To Carry Service.--
       (1) Amendment of license.--Within 60 days after the date on 
     which the National Alert Office adopts relevant technical 
     standards based on recommendations of the Working Group, the 
     Federal Communications Commission shall initiate a proceeding 
     and subsequently issue an order--
       (A) to allow any licensee providing commercial mobile 
     service (as defined in section 332(d)(1) of the 
     Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit 
     National Alert System alerts to all subscribers to, or users 
     of, such service; and
       (B) to require any such licensee who elects under paragraph 
     (2) not to participate in the transmission of National Alert 
     System alerts, to provide clear and conspicuous notice at the 
     point of sale of any devices with which its service is 
     included, that it will not transmit National Alert System 
     alerts via its service.
       (2) Election to carry service.--
       (A) In general.--Within 30 days after the Commission issues 
     its order under paragraph (1), each such licensee shall file 
     an election with the Commission with respect to whether or 
     not it intends to participate in the transmission of National 
     Alert System alerts.
       (B) Participation.--If a licensee elects to participate in 
     the transmission of National Alert System alerts, the 
     licensee shall certify to the Commission that it will 
     participate in a manner consistent with the standards and 
     protocols implemented by the National Alert Office.
       (C) Advertising.--Nothing in this title shall be construed 
     to prevent a licensee from advertising that it participates 
     in the transmission of National Alert System alerts.
       (D) Withdrawal from or later entry into system.--The 
     Commission shall establish a procedure--
       (i) for a participating licensee to withdraw from the 
     National Alert System upon notification of its withdrawal to 
     its existing subscribers;
       (ii) for a licensee to enter the National Alert System at a 
     date later than provided in subparagraph (A); and
       (iii) under which a subscriber may terminate a subscription 
     to service provided by a licensee that withdraws from the 
     National Alert System without penalty or early termination 
     fee.
       (E) Consumer choice technology.--Any licensee electing to 
     participate in the transmission of National Alert System 
     alerts may

[[Page S9316]]

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

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

       (a) Existing Federal Warning System Coordination.--The 
     director shall work with the Federal Communications 
     Commission, the National Oceanic and Atmospheric 
     Administration, and other relevant Federal agencies to ensure 
     that the National Alert System--
       (1) complements, rather than duplicates, existing Federal 
     alert systems; and
       (2) obtains the maximum benefit possible from the 
     utilization of existing research and development, 
     technologies, and processes developed for or utilized by 
     existing Federal alert systems.
       (b) Existing alert authority.--Nothing in this title shall 
     be construed--
       (1) to interfere with the authority of a Federal, State, or 
     local government official under any other provision of law to 
     transmit public alerts via the NOAA All-Hazards Radio System, 
     digital and analog broadcast, cable, and satellite television 
     and satellite and terrestrial radio, or any other emergency 
     alert system in existence on the date of enactment of this 
     Act;
       (2) to require alerts transmitted under the authority 
     described in paragraph (1) to comply with any standard 
     established pursuant to section --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 of staff from any appropriate Federal department or 
     agency in order to ensure that the concerns of all such 
     departments and agencies are incorporated into the daily 
     operation of the National Alert System.
       (b) Functions and Responsibilities.--
       (1) In general.--The Office shall administer, operate, and 
     manage the National Alert System established under this 
     title.
       (2) Implementation of working group recommendations.--The 
     Office shall be responsible for implementing the 
     recommendations of the Working Group established by section 
     --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 National 
     Telecommunications and Information Administration, the 
     Department of Homeland Security's Preparedness Directorate, 
     the United States Postal Service, and other

[[Page S9317]]

     appropriate Federal agencies shall serve as members of the 
     Working Group.
       (3) State and local government representatives.--The 
     director shall appoint representatives of State and local 
     governments and representatives of emergency services 
     personnel, selected from among individuals nominated by 
     national organizations representing such governments and 
     personnel, to serve as members of the Working Group.
       (4) Tribal governments.--The director shall appoint 
     representatives from Federally recognized Indian tribes and 
     National Indian organizations.
       (5) Subject matter experts..--The director shall appoint 
     individuals who have the requisite technical knowledge and 
     expertise to serve on the Working Group in the fulfillment of 
     its duties, including representatives of--
       (A) communications service providers;
       (B) vendors, developers, and manufacturers of systems, 
     facilities; equipment, and capabilities for the provision of 
     communications services;
       (C) third-party service bureaus;
       (D) technical experts from the broadcasting industry;
       (E) the national organization representing the licensees 
     and permittees of noncommercial broadcast television 
     stations;
       (F) national organizations representing individuals with 
     special needs; and
       (G) other individuals with technical expertise that would 
     enhance the National Alert System.
       (c) Duties of the Working Group.--
       (1) Development of system-critical recommendations.--Within 
     1 year after the date of enactment of this Act, the Working 
     Group shall develop and transmit to the National Alert Office 
     recommendations for--
       (A) protocols, including formats, source or originator 
     identification, threat severity, hazard description, and 
     response requirements or recommendations, for alerts to be 
     transmitted via the National Alert System that ensures that 
     alerts are capable of being utilized across the broadest 
     variety of communication technologies, at National, State, 
     and local levels;
       (B) procedures for verifying, initiating, modifying, and 
     canceling alerts transmitted via the National Alert System;
       (C) guidelines for the technical capabilities of the 
     National Alert System;
       (D) guidelines for technical capability that provides for 
     the priority transmission of National Alert System alerts;
       (E) guidelines for other capabilities of the National Alert 
     System as specified in this title;
       (F) standards for equipment and technologies used by the 
     National Alert System;
       (G) guidelines for the transmission of National System 
     Alerts in languages in addition to English, to the extent 
     practicable; and
       (H) guidelines for incorporating the National Alert System 
     into comprehensive emergency planning standards for public 
     alert and notification and emergency public communications.
       (2) Integration of emergency and national alert systems.--
     The Working Group shall work with the operators of nuclear 
     power plants and other critical infrastructure facilities to 
     integrate emergency alert systems for those facilities with 
     the National Alert System.
       (d) Meetings.--
       (1) Initial meeting.--The initial meeting of the Working 
     Group shall take place not later than 60 days after the date 
     of the enactment of this Act.
       (2) Other meetings.--After the initial meeting, the Working 
     Group shall meet at the call of the chair.
       (3) Notice; open meetings.--Any meetings held by the 
     Working Group shall be duly noticed at least 14 days in 
     advance and shall be open to the public.
       (e) Resources.--
       (1) Federal agencies.--The Working Group shall have 
     reasonable access to--
       (A) materials, resources, data, and other information from 
     the National Institute of Standards and Technology, the 
     Department of Commerce and its agencies, the Department of 
     Homeland Security and its bureaus, and the Federal 
     Communications Commission; and
       (B) the facilities of any such agency for purposes of 
     conducting meetings.
       (2) Gifts and grants.--The Working Group may accept, use, 
     and dispose of gifts or grants of services or property, both 
     real and personal, for purposes of aiding or facilitating the 
     work of the Working Group. Gifts or grants not used at the 
     expiration of the Working Group shall be returned to the 
     donor or grantor.
       (f) Rules.--
       (1) Quorum.--One-third of the members of the Working Group 
     shall constitute a quorum for conducting business of the 
     Working Group.
       (2) Subcommittees.--To assist the Working Group in carrying 
     out its functions, the chair may establish appropriate 
     subcommittees composed of members of the Working Group and 
     other subject matter experts as deemed necessary.
       (3) Additional rules.--The Working Group may adopt other 
     rules as needed.
       (g) Federal Advisory Committee Act.--Neither the Federal 
     Advisory Committee Act (5 U.S.C. App.) nor any rule, order, 
     or regulation promulgated under that Act shall apply to the 
     Working Group.

     SEC. --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,

[[Page S9318]]

     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. SAVINGS CLAUSE.

       Nothing in this title shall interfere with or supersede the 
     authorities, missions, programs, operations, or activities of 
     the Federal Communications Commission or the Department of 
     Commerce, including those of the National Oceanic and 
     Atmospheric Administration, the National Institute of 
     Standards and Technology, and the National Telecommunications 
     and Information Administration.

     SEC. --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).
                                 ______
                                 
  SA 4928. Mr. BINGAMAN 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:

     SEC. ___. PILOT PROGRAM TO EXTEND CERTAIN COMMERCIAL 
                   OPERATIONS.

       (a) In General.--During fiscal year 2007, the Commissioner 
     shall extend the hours of commercial operations at the port 
     of entry located at Santa Teresa, New Mexico, to a minimum of 
     16 hours a day.
       (b) Report.--The Commissioner shall submit a report to the 
     appropriate congressional committees not later than September 
     30, 2007, with respect to the extension of hours of 
     commercial operations described in subsection (a). The report 
     shall include
       (1) an analysis of the impact of the extended hours of 
     operation on the port facility, staff, and trade volume 
     handled at the port; and
       (2) recommendations regarding whether to extend such hours 
     of operation beyond fiscal year 2007.

     

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