[Congressional Record Volume 152, Number 118 (Wednesday, September 20, 2006)]
[Senate]
[Pages S9820-S9848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT

  On Thursday, September 14, 2006, the Senate passed H.R. 4954, as 
follows:

                               H.R. 4954

         Resolved, That the bill from the House of Representatives 
     (H.R. 4954) entitled ``An Act

[[Page S9821]]

     to improve maritime and cargo security through enhanced 
     layered defenses, and for other purposes.'', do pass with the 
     following amendment:
       Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

              TITLE I--SECURITY OF UNITED STATES SEAPORTS

                     Subtitle A--General Provisions

Sec. 101. Area Maritime Transportation Security Plan to include salvage 
              response plan.
Sec. 102. Requirements relating to maritime facility security plans.
Sec. 103. Unannounced inspections of maritime facilities.
Sec. 104. Transportation security card.
Sec. 105. Prohibition of issuance of transportation security cards to 
              convicted felons.
Sec. 106. Long-range vessel tracking.
Sec. 107. Establishment of interagency operational centers for port 
              security.
Sec. 108. Notice of Arrival for foreign vessels on the outer 
              Continental Shelf.

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

Sec. 111. Port Security Grants.
Sec. 112. Port Security Training Program.
Sec. 113. Port Security Exercise Program.

                      Subtitle C--Port Operations

Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Port Security user fee study.
Sec. 123. Inspection of car ferries entering from Canada.
Sec. 124. Random searches of containers.
Sec. 125. Work stoppages and employee-employer disputes.
Sec. 126. Threat assessment screening of port truck drivers.

          TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

                     Subtitle A--General Provisions

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

        Subtitle B--Customs-Trade Partnership Against Terrorism

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

                  Subtitle C--Miscellaneous Provisions

Sec. 231. Pilot integrated scanning system.
Sec. 232. International cooperation and coordination.
Sec. 233. Screening and scanning of cargo containers.
Sec. 234. International Ship and Port Facility Security Code.
Sec. 235. Cargo screening.

                       TITLE III--ADMINISTRATION

Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology 
              Advisory Committee.
Sec. 303. Research, development, test, and evaluation efforts in 
              furtherance of maritime and cargo security.
Sec. 304. Cobra fees.
Sec. 305. Establishment of competitive research program.

                TITLE IV--AGENCY RESOURCES AND OVERSIGHT

Sec. 401. Office of International Trade.
Sec. 402. Resources.
Sec. 403. Negotiations.
Sec. 404. International Trade Data System.
Sec. 405. In-bond cargo.
Sec. 406. Sense of the Senate.
Sec. 407. Foreign ownership of ports.

                   TITLE V--RAIL SECURITY ACT OF 2006

Sec. 501. Short title.
Sec. 502. Rail transportation security risk assessment.
Sec. 503. Rail security.
Sec. 504. Study of foreign rail transport security programs.
Sec. 505. Passenger, baggage, and cargo screening.
Sec. 506. Certain personnel limitations not to apply.
Sec. 507. Fire and life-safety improvements.
Sec. 508. Memorandum of agreement.
Sec. 509. Amtrak plan to assist families of passengers involved in rail 
              passenger accidents.
Sec. 510. Systemwide Amtrak security upgrades.
Sec. 511. Freight and passenger rail security upgrades.
Sec. 512. Oversight and grant procedures.
Sec. 513. Rail security research and development.
Sec. 514. Welded rail and tank car safety improvements.
Sec. 515. Northern border rail passenger report.
Sec. 516. Report regarding impact on security of train travel in 
              communities without grade separation.
Sec. 517. Whistleblower protection program.
Sec. 518. Rail worker security training program.
Sec. 519. High hazard material security threat mitigation plans.
Sec. 520. Public awareness.
Sec. 521. Railroad high hazard material tracking.

                    TITLE VI--NATIONAL ALERT SYSTEM

Sec. 601. Short title.
Sec. 602. National Alert System.
Sec. 603. Implementation and use.
Sec. 604. Coordination with existing public alert systems and 
              authority.
Sec. 605. National Alert Office.
Sec. 606. National Alert System Working Group.
Sec. 607. Research and development.
Sec. 608. Grant program for remote community alert systems.
Sec. 609. Public familiarization, outreach, and response instructions.
Sec. 610. Essential services disaster assistance.
Sec. 611. Definitions.
Sec. 612. Savings clause.
Sec. 613. Funding.

                    TITLE VII--MASS TRANSIT SECURITY

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Security assessments.
Sec. 704. Security assistance grants.
Sec. 705. Intelligence sharing.
Sec. 706. Research, development, and demonstration grants and 
              contracts.
Sec. 707. Reporting requirements.
Sec. 708. Authorization of appropriations.
Sec. 709. Sunset provision.

             TITLE VIII--DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 801. Establishment of Domestic Nuclear Detection Office.
Sec. 802. Technology research and development investment strategy for 
              nuclear and radiological detection.

 TITLE IX--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY

Sec. 901. Short title.
Sec. 902. Hazardous materials highway routing.
Sec. 903. Motor carrier high hazard material tracking.
Sec. 904. Hazardous materials security inspections and enforcement.
Sec. 905. Truck security assessment.
Sec. 906. National public sector response system.
Sec. 907. Over-the-road bus security assistance.
Sec. 908. Pipeline security and incident recovery plan.
Sec. 909. Pipeline security inspections and enforcement.
Sec. 910. Technical corrections.

       TITLE X--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY

Sec. 1001. Short title.
Sec. 1002. Emergency service.
Sec. 1003. Enforcement.
Sec. 1004. Migration to IP-enabled emergency network.
Sec. 1005. Definitions.

                        TITLE XI--OTHER MATTERS

Sec. 1101. Certain TSA personnel limitations not to apply.
Sec. 1102. Rural Policing Institute.
Sec. 1103. Evacuation in emergencies.
Sec. 1104. Protection of health and safety during disasters.
Sec. 1105. Pilot Program to extend certain commercial operations.
Sec. 1106. Security plan for Essential Air Service airports.
Sec. 1107. Disclosures regarding homeland security grants.
Sec. 1108. Inclusion of the Transportation Technology Center in the 
              National Domestic Preparedness Consortium.
Sec. 1109. Trucking security.
Sec. 1110. Extension of requirement for air carriers to honor tickets 
              for suspended air passenger service.
Sec. 1111. Man-Portable Air Defense Systems.
Sec. 1112. Air and Marine Operations of the Northern Border Air Wing.
Sec. 1113. Study to identify redundant background records checks.
Sec. 1114. Phase-out of vessels supporting oil and gas development.
Sec. 1115. Coast Guard property in Portland, Maine.
Sec. 1116. Methamphetamine and methamphetamine precursor chemicals.
Sec. 1117. Aircraft charter customer and lessee prescreening program.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--Except as 
     otherwise defined, the term ``appropriate congressional 
     committees'' means--
       (A) the Committee on Appropriations of the Senate;
       (B) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (C) the Committee on Finance of the Senate;
       (D) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (E) the Committee on Appropriations of the House of 
     Representatives;
       (F) the Committee on Homeland Security of the House of 
     Representatives;
       (G) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (H) the Committee on Ways and Means of the House of 
     Representatives.
       (2) Commercial seaport personnel.--The term ``commercial 
     seaport personnel'' means any

[[Page S9822]]

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

              TITLE I--SECURITY OF UNITED STATES SEAPORTS

                     Subtitle A--General Provisions

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

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

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

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

     SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.

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

     SEC. 104. TRANSPORTATION SECURITY CARD.

       (a) In General.--Section 70105 of title 46, United States, 
     Code is amended by adding at the end the following:
       ``(g) Applications for Merchant Mariner's Documents.--The 
     Assistant Secretary of Homeland Security for the 
     Transportation Security Administration and the Commandant of 
     the Coast Guard shall concurrently process an application 
     from an individual for merchant mariner's documents under 
     chapter 73 of title 46, United States Code, and an 
     application from that individual for a transportation 
     security card under this section.
       ``(h) Fees.--The Secretary shall ensure that the fees 
     charged each individual obtaining a transportation security 
     card under this section who has passed a background check 
     under section 5103a of title 49, United States Code, and who 
     has a current and valid hazardous materials endorsement in 
     accordance with section 1572 of title 49, Code of Federal 
     Regulations, and each individual with a current and valid 
     Merchant Mariner Document--
       ``(1) are for costs associated with the issuance, 
     production, and management of the transportation security 
     card, as determined by the Secretary; and
       ``(2) do not include costs associated with performing a 
     background check for that individual, unless the scope of 
     said background checks diverge.
       ``(i) Implementation Schedule.--In implementing the 
     transportation security card program under this section, the 
     Secretary shall--
       ``(1) conduct a strategic risk analysis and establish a 
     priority for each United States port based on risk; and
       ``(2) implement the program, based upon risk and other 
     factors as determined by the Secretary, at all facilities 
     regulated under this chapter at--
       ``(A) the 10 United States ports that are deemed top 
     priority by the Secretary not later than July 1, 2007;
       ``(B) the 40 United States ports that are next in order of 
     priority to the ports described in subparagraph (A) not later 
     than January 1, 2008; and
       ``(C) all other United States ports not later than January 
     1, 2009.
       ``(j) Transportation Security Card Processing Deadline.--
     Not later than January 1, 2009, the Secretary shall process 
     and issue or deny each application for a transportation 
     security card under this section for individuals with current 
     and valid merchant mariner's documents on the date of 
     enactment of the Port Security Improvement Act of 2006.
       ``(k) Vessel and Facility Card Reader Assessments.--
       ``(1) Pilot programs.--
       ``(A) Vessel pilot program.--The Secretary shall conduct a 
     pilot program in 3 distinct geographic locations to assess 
     the feasibility of implementing card readers at secure areas 
     of a vessel in accordance with the Notice of Proposed 
     Rulemaking released on May 22, 2006, (TSA-2006-24191; USCG-
     2006-24196).
       ``(B) Facilities pilot program.--In addition to the pilot 
     program described in subparagraph (A), the Secretary shall 
     conduct a pilot program in 3 distinct geographic locations to 
     assess the feasibility of implementing card readers at secure 
     areas of facilities in a variety of environmental settings.
       ``(C) Coordination with transportation security cards.--The 
     pilot programs described in subparagraphs (A) and (B) shall 
     be conducted concurrently with the issuance of the 
     transportation security cards as described in subsection (b), 
     of this section, to ensure card and card reader 
     interoperability.
       ``(2) Duration.--The pilot program described in paragraph 
     (1) shall commence not later than 180 days after the date of 
     the enactment of the Port Security Improvement Act of 2006 
     and shall terminate 1 year after commencement.
       ``(3) Report.--Not later than 90 days after the termination 
     of the pilot program described under subparagraph (1), the 
     Secretary shall submit a comprehensive report to the 
     appropriate congressional committees (as defined in section 
     2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2)) 
     that includes--
       ``(A) the actions that may be necessary to ensure that all 
     vessels and facilities to which this section applies are able 
     to comply with the regulations promulgated under subsection 
     (a);
       ``(B) recommendations concerning fees and a statement of 
     policy considerations for alternative security plans; and
       ``(C) an analysis of the viability of equipment under the 
     extreme weather conditions of the marine environment.
       ``(l) Progress Reports.--Not later than 6 months after the 
     date of the enactment of the

[[Page S9823]]

     Port Security Improvement Act 2006 and every 6 months 
     thereafter until the requirements under this section are 
     fully implemented, the Secretary shall submit a report on 
     progress being made in implementing such requirements to the 
     appropriate congressional committees (as defined in section 
     2(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     101(2)).''.
       (b) Clarification of Eligibility for Transportation 
     Security Cards.--Section 70105(b)(2) of title 46, United 
     States Code, is amended--
       (1) by striking ``and'' after the semicolon in subparagraph 
     (E);
       (2) by striking ``Secretary.'' in subparagraph (F) and 
     inserting ``Secretary; and''; and
       (3) by adding at the end the following:
       ``(G) other individuals as determined appropriate by the 
     Secretary including individuals employed at a port not 
     otherwise covered by this subsection.''.
       (c) Deadline for Section 70105 Regulations.--The Secretary 
     shall promulgate final regulations implementing section 70105 
     of title 46, United States Code, no later than January 1, 
     2007. The regulations shall include a background check 
     process to enable newly hired workers to begin working unless 
     the Secretary makes an initial determination that the worker 
     poses a security risk. Such process shall include a check 
     against the consolidated and integrated terrorist watch list 
     maintained by the Federal Government.

     SEC. 105. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY 
                   CARDS TO CONVICTED FELONS.

       Section 70105 of title 46, United States Code, is amended--
       (1) in subsection (b)(1), by striking ``decides that the 
     individual poses a security risk under subsection (c)'' and 
     inserting ``determines under subsection (c) that the 
     individual poses a security risk''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Disqualifications.--
       ``(A) Permanent disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is permanently 
     disqualified from being issued a transportation security card 
     under subsection (b) if the individual has been convicted, or 
     found not guilty by reason of insanity, in a civilian or 
     military jurisdiction of any of the following felonies:
       ``(i) Espionage or conspiracy to commit espionage.
       ``(ii) Sedition or conspiracy to commit sedition.
       ``(iii) Treason or conspiracy to commit treason.
       ``(iv) A crime listed in chapter 113B of title 18, a 
     comparable State law, or conspiracy to commit such crime.
       ``(v) A crime involving a transportation security incident. 
     In this clause, a transportation security incident--

       ``(I) is a security incident resulting in a significant 
     loss of life, environmental damage, transportation system 
     disruption, or economic disruption in a particular area (as 
     defined in section 70101 of title 46); and
       ``(II) does not include a work stoppage or other nonviolent 
     employee-related action, resulting from an employer-employee 
     dispute.

       ``(vi) Improper transportation of a hazardous material 
     under section 5124 of title 49, or a comparable State law;.
       ``(vii) Unlawful possession, use, sale, distribution, 
     manufacture, purchase, receipt, transfer, shipping, 
     transporting, import, export, storage of, or dealing in an 
     explosive or incendiary device (as defined in section 232(5) 
     of title 18, explosive materials (as defined in section 
     841(c) of title 18), or a destructive device (as defined in 
     921(a)(4) of title 18).
       ``(viii) Murder.
       ``(ix) Conspiracy or attempt to commit any of the crimes 
     described in clauses (v) through (viii).
       ``(x) A violation of the Racketeer Influenced and Corrupt 
     Organizations Act (18 U.S.C. 1961 et seq.), or a comparable 
     State law, if 1 of the predicate acts found by a jury or 
     admitted by the defendant consists of 1 of the offenses 
     listed in clauses (iv) and (viii).
       ``(xi) Any other felony that the Secretary determines to be 
     a permanently disqualifying criminal offense.
       ``(B) Interim disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is disqualified 
     from being issued a biometric transportation security card 
     under subsection (b) if the individual has been convicted, or 
     found not guilty by reason of insanity, during the 7-year 
     period ending on the date on which the individual applies for 
     such or card, or was released from incarceration during the 
     5-year period ending on the date on which the individual 
     applies for such a card, of any of the following felonies:
       ``(i) Assault with intent to murder.
       ``(ii) Kidnapping or hostage taking.
       ``(iii) Rape or aggravated sexual abuse.
       ``(iv) Unlawful possession, use, sale, manufacture, 
     purchase, distribution, receipt, transfer, shipping, 
     transporting, delivery, import, export of, or dealing in a 
     firearm or other weapon. In this clause, a firearm or other 
     weapon includes, but is not limited to--

       ``(I) firearms (as defined in section 921(a)(3) of title 
     18); and
       ``(II) items contained on the United States Munitions 
     Import List under 447.21 of title 27 Code of Federal 
     Regulations.

       ``(v) Extortion.
       ``(vi) Dishonesty, fraud, or misrepresentation, including 
     identity fraud.
       ``(vii) Bribery.
       ``(viii) Smuggling.
       ``(ix) Immigration violations.
       ``(x) A violation of the Racketeer Influenced and Corrupt 
     Organizations Act (18 U.S.C. 1961, et seq.) or a comparable 
     State law, other than a violation listed in subparagraph 
     (A)(x).
       ``(xi) Robbery.
       ``(xii) Distribution of, possession with intent to 
     distribute, or importation of a controlled substance.
       ``(xiii) Arson.
       ``(xiv) Conspiracy or attempt to commit any of the crimes 
     in this subparagraph.
       ``(xv) Any other felony that the Secretary determines to be 
     a disqualifying criminal offense under this subparagraph.
       ``(C) Other potential disqualifications.--Except as 
     provided under subparagraphs (A) and (B), an individual may 
     not be denied a transportation security card under subsection 
     (b) unless the Secretary determines that individual--
       ``(i) has been convicted within the preceding 7-year period 
     of a felony or found not guilty by reason of insanity of a 
     felony--

       ``(I) that the Secretary believes could cause the 
     individual to be a terrorism security risk to the United 
     States; or
       ``(II) for causing a severe transportation security 
     incident;

       ``(ii) has been released from incarceration within the 
     preceding 5-year period for committing a felony described in 
     clause (i);
       ``(iii) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
       ``(iv) otherwise poses a terrorism security risk to the 
     United States.''.

     SEC. 106. LONG-RANGE VESSEL TRACKING.

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

     SEC. 107. ESTABLISHMENT OF INTERAGENCY OPERATIONAL CENTERS 
                   FOR PORT SECURITY.

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

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

       ``(a) In General.--The Secretary shall establish 
     interagency operational centers for port security at all 
     high-priority ports not later than 3 years after the date of 
     the enactment of the Port Security Improvement Act of 2006.
       ``(b) Characteristics.--The interagency operational centers 
     established under this section shall--
       ``(1) utilize, as appropriate, the compositional and 
     operational characteristics of centers, including--
       ``(A) the pilot project interagency operational centers for 
     port security in Miami, Florida; Norfolk/Hampton Roads, 
     Virginia; Charleston, South Carolina; San Diego, California; 
     and
       ``(B) the virtual operation center of the Port of New York 
     and New Jersey;
       ``(2) be organized to fit the security needs, requirements, 
     and resources of the individual port area at which each is 
     operating;
       ``(3) provide, as the Secretary determines appropriate, for 
     participation by representatives of the United States Customs 
     and Border Protection, the Transportation Security 
     Administration, the Department of Justice, the Department of 
     Defense, and other Federal agencies, State and local law 
     enforcement or port security personnel, members of the Area 
     Maritime Security Committee, and other public and private 
     sector stakeholders adversely affected by a transportation 
     security incident or transportation disruption; and
       ``(4) be incorporated in the implementation and 
     administration of--
       ``(A) maritime transportation security plans developed 
     under section 70103;
       ``(B) maritime intelligence activities under section 70113 
     and information sharing activities consistent with section 
     1016 of the National Security Intelligence Reform Act of 2004 
     (6 U.S.C. 485) and the Homeland Security Information Sharing 
     Act (6 U.S.C. 481 et seq.);
       ``(C) short and long range vessel tracking under sections 
     70114 and 70115;
       ``(D) protocols under section 201(b)(10) of the Port 
     Security Improvement Act of 2006;
       ``(E) the transportation security incident response plans 
     required by section 70104; and
       ``(F) other activities, as determined by the Secretary.
       ``(c) Security Clearances.--The Secretary shall sponsor and 
     expedite individuals participating in interagency operational 
     centers in gaining or maintaining their security clearances. 
     Through the Captain of the Port, the Secretary may identify 
     key individuals who should participate. The port or other 
     entities may appeal to the Captain of the Port for 
     sponsorship.''.
       (b) 2005 Act Report Requirement.--Nothing in this section 
     or the amendments made by this section relieves the 
     Commandant of the Coast Guard from complying with the 
     requirements of section 807 of the Coast Guard and Maritime 
     Transportation Act of 2004 (Public Law 108-293; 118 Stat. 
     1082). The Commandant shall utilize the information developed 
     in making the report required by that section in carrying out 
     the requirements of this section.
       (c) Budget and Cost-Sharing Analysis.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary shall submit to the appropriate congressional 
     committees a proposed budget analysis for implementing 
     section 70107A of title 46, United States Code, as added by 
     subsection (a), including cost-sharing arrangements with 
     other Federal departments

[[Page S9824]]

     and agencies involved in the interagency operation of the 
     centers to be established under such section.
       (d) Clerical Amendment.--The chapter analysis for chapter 
     701 of title 46, United States Code, is amended by inserting 
     after the item relating to section 70107 the following:

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

     SEC. 108. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE OUTER 
                   CONTINENTAL SHELF.

       (a) Notice of Arrival.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary is directed 
     to update and finalize its rulemaking on Notice of Arrival 
     for foreign vessels on the outer Continental Shelf.
       (b) Content of Regulations.--The regulations promulgated 
     pursuant to paragraph (1) shall be consistent with 
     information required under the Notice of Arrival under 
     section 160.206 of title 33, Code of Federal Regulations, as 
     in effect on the date of the enactment of this Act.

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

     SEC. 111. PORT SECURITY GRANTS.

       (a) Basis for Grants.--Section 70107(a) of title 46, United 
     States Code, is amended by striking ``for making a fair and 
     equitable allocation of funds'' and inserting ``for the 
     allocation of funds based on risk''.
       (b) Risk Management Plan.--
       (1) In general.--Under the direction of the Commandant of 
     the Coast Guard, each Area Maritime Security Committee shall 
     develop a Port Wide Risk Management Plan that includes--
       (A) security goals and objectives, supported by a risk 
     assessment and an evaluation of alternatives;
       (B) a management selection process; and
       (C) active monitoring to measure effectiveness.
       (2) Risk assessment tool.--The Secretary of the Department 
     in which the Coast Guard is operating, shall make available, 
     and Area Maritime Security Committees shall use, a risk 
     assessment tool that uses standardized risk criteria, such as 
     the Maritime Security Risk Assessment Tool used by the Coast 
     Guard, to develop the Port Wide Risk Management Plan.
       (c) Multiple-Year Projects, Etc.--Section 70107 of title 
     46, United States Code, is amended by redesignating 
     subsections (e), (f), (g), (h), and (i) as subsections (i), 
     (j), (k), (l), and (m), respectively, and by inserting after 
     subsection (d) the following:
       ``(e) Multiple-Year Projects.--
       ``(1) Letters of intent.--The Secretary may execute letters 
     of intent to commit funding to such authorities, operators, 
     and agencies.
       ``(2) Limitation.--Not more than 20 percent of the grant 
     funds awarded under this subsection in any fiscal year may be 
     awarded for projects that span multiple years.
       ``(f) Consistency With Plans.--The Secretary shall ensure 
     that each grant awarded under subsection (e)--
       ``(1) is used to supplement and support, in a consistent 
     and coordinated manner, the applicable Area Maritime 
     Transportation Security Plan;
       ``(2) is coordinated with any applicable State or Urban 
     Area Homeland Security Plan; and
       ``(3) is consistent with the Port Wide Risk Management Plan 
     developed under section 111(b) of the Port Security 
     Improvement Act of 2006.
       ``(g) Applications.--Any entity subject to an Area Maritime 
     Transportation Security Plan may submit an application for a 
     grant under this subsection, at such time, in such form, and 
     containing such information and assurances as the Secretary, 
     working through the Directorate for Preparedness, may 
     require.
       ``(h) Reports.--Not later than 180 days after the date of 
     the enactment of the Port Security Improvement Act of 2006, 
     the Secretary, acting through the Commandant of the Coast 
     Guard, shall submit a report to Congress, in a secure format, 
     describing the methodology used to allocate port security 
     grant funds on the basis of risk.''.
       (d) Authorization of Appropriations.--Subsection (l) of 
     section 70107 of title 46, United States Code, as 
     redesignated by subsection (b) is amended to read as follows:
       ``(l) Authorization of Appropriations.--There are 
     authorized to be appropriated $400,000,000 for each of the 
     fiscal years 2007 through 2011 to carry out this section.''.
       (e) Basis for Grants.--Section 70107(a) of title 46, United 
     States Code, is amended by inserting ``, energy'' between 
     ``national economic'' and ``and strategic defense 
     concerns.''.
       (f) Container Scanning Technology Grant Program.--
       (1) Nuclear and radiological detection devices.--Section 
     70107(m)(1)(C) of title 46, United States Code, as 
     redesignated by subsection (b), is amended by inserting ``, 
     underwater or water surface devices, devices that can be 
     mounted on cranes and straddle cars used to move cargo within 
     ports, and scanning and imaging technology'' before the 
     semicolon at the end.
       (2) Use of funds.--Amounts appropriated pursuant to this 
     section shall be used for grants to be awarded in a 
     competitive process to public or private entities for the 
     purpose of researching and developing nuclear and 
     radiological detection equipment described in section 
     70107(m)(1)(C) of title 46, United States Code, as amended by 
     this section.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated a total of $70,000,000 for fiscal years 
     2008 through 2009 for the purpose of researching and 
     developing nuclear and radiological detection equipment 
     described in section 70107(m)(1)(C) of title 46, United 
     States Code, as amended by this section.

     SEC. 112. PORT SECURITY TRAINING PROGRAM.

       (a) In General.--The Secretary, acting through the Under 
     Secretary for Preparedness and in coordination with the 
     Commandant of the Coast Guard, shall establish a Port 
     Security Training Program (referred to in this section as the 
     ``Program'') for the purpose of enhancing the capabilities of 
     each of the commercial seaports of the United States to 
     prevent, prepare for, respond to, mitigate against, and 
     recover from threatened or actual acts of terrorism, natural 
     disasters, and other emergencies.
       (b) Requirements.--The Program shall provide validated 
     training that--
       (1) reaches multiple disciplines, including Federal, State, 
     and local government officials, commercial seaport personnel 
     and management, and governmental and nongovernmental 
     emergency response providers;
       (2) provides training at the awareness, performance, and 
     management and planning levels;
       (3) utilizes multiple training mediums and methods;
       (4) addresses port security topics, including--
       (A) seaport security plans and procedures, including how 
     security plans and procedures are adjusted when threat levels 
     increase;
       (B) seaport security force operations and management;
       (C) physical security and access control at seaports;
       (D) methods of security for preventing and countering cargo 
     theft;
       (E) container security;
       (F) recognition and detection of weapons, dangerous 
     substances, and devices;
       (G) operation and maintenance of security equipment and 
     systems;
       (H) security threats and patterns;
       (I) security incident procedures, including procedures for 
     communicating with governmental and nongovernmental emergency 
     response providers; and
       (J) evacuation procedures;
       (5) is consistent with, and supports implementation of, the 
     National Incident Management System, the National Response 
     Plan, the National Infrastructure Protection Plan, the 
     National Preparedness Guidance, the National Preparedness 
     Goal, the National Maritime Transportation Security Plan, and 
     other such national initiatives;
       (6) is evaluated against clear and consistent performance 
     measures;
       (7) addresses security requirements under facility security 
     plans; and
       (8) educates, trains, and involves populations of at-risk 
     neighborhoods around ports, including training on an annual 
     basis for neighborhoods to learn what to be watchful for in 
     order to be a ``citizen corps'', if necessary.
       (c) Training Partners.--In developing and delivering 
     training under the Program, the Secretary, in coordination 
     with the Maritime Administration of the Department of 
     Transportation, and consistent with section 109 of the 
     Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 
     note), shall--
       (1) work with government training facilities, academic 
     institutions, private organizations, employee organizations, 
     and other entities that provide specialized, state-of-the-art 
     training for governmental and non-governmental emergency 
     responder providers or commercial seaport personnel and 
     management; and
       (2) utilize, as appropriate, government training 
     facilities, courses provided by community colleges, public 
     safety academies, State and private universities, and other 
     facilities.

     SEC. 113. PORT SECURITY EXERCISE PROGRAM.

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

[[Page S9825]]

       (c) Improvement Plan.--The Secretary shall establish a port 
     security improvement plan process to--
       (1) identify and analyze each port security exercise for 
     lessons learned and best practices;
       (2) disseminate lessons learned and best practices to 
     participants in the Program;
       (3) monitor the implementation of lessons learned and best 
     practices by participants in the Program; and
       (4) conduct remedial action tracking and long-term trend 
     analysis.

                      Subtitle C--Port Operations

     SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.

       (a) Examining Containers.--Not later than December 31, 
     2007, all containers entering the United States through the 
     busiest 22 seaports of entry shall be examined for radiation.
       (b) Strategy.--The Secretary shall develop a strategy for 
     the deployment of radiation detection capabilities that 
     includes--
       (1) a risk-based prioritization of ports of entry at which 
     radiation detection equipment will be deployed;
       (2) a proposed timeline of when radiation detection 
     equipment will be deployed at each port of entry identified 
     under paragraph (1);
       (3) the type of equipment to be used at each port of entry 
     identified under paragraph (1), including the joint 
     deployment and utilization of radiation detection equipment 
     and nonintrusive imaging equipment;
       (4) standard operating procedures for examining containers 
     with such equipment, including sensor alarming, networking, 
     and communications and response protocols;
       (5) operator training plans;
       (6) an evaluation of the environmental health and safety 
     impacts of nonintrusive imaging technology;
       (7) the policy of the Department for using nonintrusive 
     imagining equipment in tandem with radiation detection 
     equipment; and
       (8) a classified annex that--
       (A) details plans for covert testing; and
       (B) outlines the risk-based prioritization of ports of 
     entry identified under paragraph (1).
       (c) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit the 
     strategy developed under subsection (b) to the appropriate 
     congressional committees.
       (d) Update.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary may update the strategy 
     submitted under subsection (c) to provide a more complete 
     evaluation under subsection (b)(6).
       (e) Other Weapons of Mass Destruction Threats.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Secretary shall submit a strategy for the development of 
     equipment to detect chemical, biological, and other weapons 
     of mass destruction at all ports of entry into the United 
     States to the appropriate congressional committees.
       (f) Standards.--The Secretary, in conjunction with the 
     National Institute of Standards and Technology, shall publish 
     technical capability standards and recommended standard 
     operating procedures for the use of nonintrusive imaging and 
     radiation detection equipment in the United States. Such 
     standards and procedures--
       (1) should take into account relevant standards and 
     procedures utilized by other Federal departments or agencies 
     as well as those developed by international bodies; and
       (2) shall not be designed so as to endorse specific 
     companies or create sovereignty conflicts with participating 
     countries.
       (g) Implementation.--Not later than 3 years after the date 
     of the enactment of this Act, the Secretary shall fully 
     implement the strategy developed under subsection (b).
       (h) Expansion To Other United States Ports of Entry.--
       (1) In general.--As soon as practicable after--
       (A) implementation of the program for the examination of 
     containers for radiation at ports of entry described in 
     subsection (a), and
       (B) submission of the strategy developed under subsection 
     (b) (and updating, if any, of that strategy under subsection 
     (c)),
     but no later than December 31, 2008, the Secretary shall 
     expand the strategy developed under subsection (b), in a 
     manner consistent with the requirements of subsection (b), to 
     provide for the deployment of radiation detection 
     capabilities at all other United States ports of entry not 
     covered by the strategy developed under subsection (b).
       (2) Risk assessment.--In expanding the strategy under 
     paragraph (1), the Secretary shall identify and assess the 
     risks to those other ports of entry in order to determine 
     what equipment and practices will best mitigate the risks.
       (i) Intermodal Rail Radiation Detection Test Center.--
       (1) Establishment.--In accordance with subsection (b), and 
     in order to comply with this section, the Secretary shall 
     establish Intermodal Rail Radiation Detection Test Centers 
     (referred to in this subsection as the ``Test Centers'').
       (2) Projects.--The Secretary shall conduct multiple, 
     concurrent projects at the Test Center to rapidly identify 
     and test concepts specific to the challenges posed by on-dock 
     rail.
       (3) Location.--The Test Centers shall be located within 
     public port facilities which have a significant portion of 
     the containerized cargo directly laden from (or unladen to) 
     on-dock, intermodal rail, including at least one public port 
     facility at which more than 50 percent of the containerized 
     cargo is directly laden from (or unladen to) on-dock, 
     intermodal rail.

     SEC. 122. PORT SECURITY USER FEE STUDY.

       The Secretary shall conduct a study of the need for, and 
     feasibility of, establishing a system of oceanborne and port-
     related transportation user fees that may be imposed and 
     collected as a dedicated revenue source, on a temporary or 
     continuing basis, to provide necessary funding for legitimate 
     improvements to, and maintenance of, port security. Not later 
     than 1 year after the date of the enactment of this Act, the 
     Secretary shall submit a report to the appropriate 
     congressional committees that contains--
       (1) the results of the study;
       (2) an assessment of the annual amount of customs fees and 
     duties collected through oceanborne and port-related 
     transportation and the amount and percentage of such fees and 
     duties that are dedicated to improve and maintain security;
       (3)(A) an assessment of the fees, charges, and standards 
     imposed on United States ports, port terminal operators, 
     shippers, and persons who use United States ports, compared 
     with the fees and charges imposed on ports and port terminal 
     operators in Canada and Mexico and persons who use those 
     foreign ports; and
       (B) an assessment of the impact on the competitiveness of 
     United States ports, port terminal operators, and shippers; 
     and
       (4) the Secretary's recommendations based upon the study, 
     and an assessment of the consistency of such recommendations 
     with the international obligations and commitments of the 
     United States.

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

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

     SEC. 124. RANDOM SEARCHES OF CONTAINERS.

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

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

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

     SEC. 126. THREAT ASSESSMENT SCREENING OF PORT TRUCK DRIVERS.

       Subject to the availability of appropriations, within 90 
     days after the date of enactment of this Act, the Secretary 
     of Homeland Security shall implement a threat assessment 
     screening, including name-based checks against terrorist 
     watch lists and immigration status check, for all port truck 
     drivers that is the same as the threat assessment screening 
     required for facility employees and longshoremen by the 
     Commandant of the Coast Guard under Coast Guard Notice USCG-
     2006-24189 (Federal Register, Vol. 71, No. 82, Friday, April 
     28, 2006).

          TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN

                     Subtitle A--General Provisions

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

       (a) Strategic Plan.--The Secretary, in consultation with 
     appropriate Federal, State, local, and tribal government 
     agencies and private-sector stakeholders responsible for 
     security matters that affect or relate to the movement of 
     containers through the international supply chain, shall 
     develop, implement, and update, as appropriate, a strategic 
     plan to enhance the security of the international supply 
     chain.
       (b) Requirements.--The strategic plan required under 
     subsection (a) shall--
       (1) describe the roles, responsibilities, and authorities 
     of Federal, State, local, and tribal government agencies and 
     private-sector stakeholders that relate to the security of 
     the movement of containers through the international supply 
     chain;
       (2) identify and address gaps and unnecessary overlaps in 
     the roles, responsibilities, or authorities described in 
     paragraph (1);
       (3) identify and make recommendations regarding 
     legislative, regulatory, and organizational changes necessary 
     to improve coordination among the entities or to enhance the 
     security of the international supply chain;
       (4) provide measurable goals, including objectives, 
     mechanisms, and a schedule, for furthering the security of 
     commercial operations from point of origin to point of 
     destination;
       (5) build on available resources and consider costs and 
     benefits;
       (6) provide incentives for additional voluntary measures to 
     enhance cargo security, as determined by the Commissioner;
       (7) consider the impact of supply chain security 
     requirements on small and medium size companies;
       (8) include a process for sharing intelligence and 
     information with private-sector stakeholders to assist in 
     their security efforts;
       (9) identify a framework for prudent and measured response 
     in the event of a transportation security incident involving 
     the international supply chain;
       (10) provide protocols for the expeditious resumption of 
     the flow of trade in accordance with section 202, including--

[[Page S9826]]

       (A) the identification of the appropriate initial incident 
     commander, if the Commandant of the Coast Guard is not the 
     appropriate initial incident commander, and lead departments, 
     agencies, or offices to execute such protocols;
       (B) a plan to redeploy resources and personnel, as 
     necessary, to reestablish the flow of trade in the event of a 
     transportation disruption; and
       (C) a plan to provide training for the periodic instruction 
     of personnel of the United States Customs and Border 
     Protection in trade resumption functions and responsibilities 
     following a transportation disruption;
       (11) consider the linkages between supply chain security 
     and security programs within other systems of movement, 
     including travel security and terrorism finance programs; and
       (12) expand upon and relate to existing strategies and 
     plans, including the National Response Plan, National 
     Maritime Transportation Security Plan, and the 8 supporting 
     plans of the Strategy, as required by Homeland Security 
     Presidential Directive 13.
       (c) Consultation.--In developing protocols under subsection 
     (b)(10), the Secretary shall consult with Federal, State, 
     local, and private sector stakeholders, including the 
     National Maritime Security Advisory Committee and the 
     Commercial Operations Advisory Committee.
       (d) Communication.--To the extent practicable, the 
     strategic plan developed under subsection (a) shall provide 
     for coordination with, and lines of communication among, 
     appropriate Federal, State, local, and private-sector 
     stakeholders on law enforcement actions, intermodal rerouting 
     plans, and other strategic infrastructure issues resulting 
     from a transportation security incident or transportation 
     disruption.
       (e) Utilization of Advisory Committees.--As part of the 
     consultations described in subsection (a), the Secretary 
     shall, to the extent practicable, utilize the Homeland 
     Security Advisory Committee, the National Maritime Security 
     Advisory Committee, and the Commercial Operations Advisory 
     Committee to review, as necessary, the draft strategic plan 
     and any subsequent updates to the strategic plan.
       (f) International Standards and Practices.--In furtherance 
     of the strategic plan required under subsection (a), the 
     Secretary is encouraged to consider proposed or established 
     standards and practices of foreign governments and 
     international organizations, including the International 
     Maritime Organization, the World Customs Organization, and 
     the International Organization for Standardization, as 
     appropriate, to establish standards and best practices for 
     the security of containers moving through the international 
     supply chain.
       (g) Report.--
       (1) Initial report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate congressional committees a report that 
     contains the strategic plan required by subsection (a).
       (2) Final report.--Not later than 3 years after the date on 
     which the strategic plan is submitted under paragraph (1), 
     the Secretary shall submit a report to the appropriate 
     congressional committees that contains an update of the 
     strategic plan.

     SEC. 202. POST INCIDENT RESUMPTION OF TRADE.

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

     SEC. 203. AUTOMATED TARGETING SYSTEM.

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

     SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.

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

     SEC. 205. CONTAINER SECURITY INITIATIVE.

       (a) Establishment.--The Secretary, acting through the 
     Commissioner, shall establish and implement a program 
     (referred to in this section

[[Page S9827]]

     as the ``Container Security Initiative'') to identify and 
     examine or search maritime containers that pose a security 
     risk before loading such containers in a foreign port for 
     shipment to the United States, either directly or through a 
     foreign port.
       (b) Assessment.--The Secretary, acting through the 
     Commissioner, may designate foreign seaports to participate 
     in the Container Security Initiative after the Secretary has 
     assessed the costs, benefits, and other factors associated 
     with such designation, including--
       (1) the level of risk for the potential compromise of 
     containers by terrorists, or other threats as determined by 
     the Secretary;
       (2) the volume and value of cargo being imported to the 
     United States directly from, or being transshipped through, 
     the foreign seaport;
       (3) the results of the Coast Guard assessments conducted 
     pursuant to section 70108 of title 46, United States Code;
       (4) the commitment of the government of the country in 
     which the foreign seaport is located to cooperate with the 
     Department to carry out the Container Security Initiative; 
     and
       (5) the potential for validation of security practices at 
     the foreign seaport by the Department.
       (c) Notification.--The Secretary shall notify the 
     appropriate congressional committees of the designation of a 
     foreign port under the Container Security Initiative or the 
     revocation of such a designation before notifying the public 
     of such designation or revocation.
       (d) Negotiations.--The Secretary, in cooperation with the 
     Secretary of State and in consultation with the United States 
     Trade Representative, may enter into negotiations with the 
     government of each foreign nation in which a seaport is 
     designated under the Container Security Initiative to ensure 
     full compliance with the requirements under the Container 
     Security Initiative.
       (e) Overseas Inspections.--The Secretary shall establish 
     minimum technical capability criteria and standard operating 
     procedures for the use of nonintrusive imaging and radiation 
     detection equipment in conjunction with the Container 
     Security Initiative and shall monitor operations at foreign 
     seaports designated under the Container Security Initiative 
     to ensure the use of such criteria and procedures. Such 
     criteria and procedures--
       (1) shall be consistent with relevant standards and 
     procedures utilized by other Federal departments or agencies, 
     or developed by international bodies if the United States 
     consents to such standards and procedures;
       (2) shall not apply to activities conducted under the 
     Megaports Initiative of the Department of Energy;
       (3) shall not be designed to endorse the product or 
     technology of any specific company or to conflict with the 
     sovereignty of a country in which a foreign seaport 
     designated under the Container Security Initiative is 
     located; and
       (4) shall be applied to the equipment operated at each 
     foreign seaport designated under the Container Security 
     Initiative, except as provided under paragraph (2).
       (f) Savings Provision.--The authority of the Secretary 
     under this section shall not affect any authority or 
     duplicate any efforts or responsibilities of the Federal 
     Government with respect to the deployment of radiation 
     detection equipment outside of the United States.
       (g) Coordination.--The Secretary shall coordinate with the 
     Secretary of Energy to--
       (1) provide radiation detection equipment required to 
     support the Container Security Initiative through the 
     Department of Energy's Second Line of Defense and Megaports 
     programs; or
       (2) work with the private sector to obtain radiation 
     detection equipment that meets both the Department's and the 
     Department of Energy's technical specifications for such 
     equipment.
       (h) Staffing.--The Secretary shall develop a human capital 
     management plan to determine adequate staffing levels in the 
     United States and in foreign seaports including, as 
     appropriate, the remote location of personnel in countries in 
     which foreign seaports are designated under the Container 
     Security Initiative.
       (i) Annual Discussions.--The Secretary, in coordination 
     with the appropriate Federal officials, shall hold annual 
     discussions with foreign governments of countries in which 
     foreign seaports designated under the Container Security 
     Initiative are located regarding best practices, technical 
     assistance, training needs, and technological developments 
     that will assist in ensuring the efficient and secure 
     movement of international cargo.
       (j) Lesser Risk Port.--The Secretary, acting through the 
     Commissioner, may treat cargo loaded in a foreign seaport 
     designated under the Container Security Initiative as 
     presenting a lesser risk than similar cargo loaded in a 
     foreign seaport that is not designated under the Container 
     Security Initiative, for the purpose of clearing such cargo 
     into the United States.
       (k) Report.--
       (1) In general.--Not later than September 30, 2007, the 
     Secretary, acting through the Commissioner, shall, in 
     consultation with other appropriate government officials and 
     the Commercial Operations Advisory Committee, submit a report 
     to the appropriate congressional committee on the 
     effectiveness of, and the need for any improvements to, the 
     Container Security Initiative. The report shall include--
       (A) a description of the technical assistance delivered to, 
     as well as needed at, each designated seaport;
       (B) a description of the human capital management plan at 
     each designated seaport;
       (C) a summary of the requests made by the United States to 
     foreign governments to conduct physical or nonintrusive 
     inspections of cargo at designated seaports, and whether each 
     such request was granted or denied by the foreign government;
       (D) an assessment of the effectiveness of screening, 
     scanning, and inspection protocols and technologies utilized 
     at designated seaports and the effect on the flow of commerce 
     at such seaports, as well as any recommendations for 
     improving the effectiveness of screening, scanning, and 
     inspection protocols and technologies utilized at designated 
     seaports;
       (E) a description and assessment of the outcome of any 
     security incident involving a foreign seaport designated 
     under the Container Security Initiative; and
       (F) a summary and assessment of the aggregate number and 
     extent of trade compliance lapses at each seaport designated 
     under the Container Security Initiative.
       (2) Updated report.--Not later than September 30, 2010, the 
     Secretary, acting through the Commissioner, shall, in 
     consultation with other appropriate government officials and 
     the Commercial Operations Advisory Committee, submit an 
     updated report to the appropriate congressional committees on 
     the effectiveness of, and the need for any improvements to, 
     the Container Security Initiative. The updated report shall 
     address each of the elements required to be included in the 
     report provided for under paragraph (1).
       (l) Authorization of Appropriations.--There are authorized 
     to be appropriated to the United States Customs and Border 
     Protection in the Department of Homeland Security to carry 
     out the provisions of this section--
       (1) $144,000,000 for fiscal year 2008;
       (2) $146,000,000 for fiscal year 2009; and
       (3) $153,300,000 for fiscal year 2010.

        Subtitle B--Customs-Trade Partnership Against Terrorism

     SEC. 211. ESTABLISHMENT.

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

     SEC. 212. ELIGIBLE ENTITIES.

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

     SEC. 213. MINIMUM REQUIREMENTS.

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

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

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

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

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

[[Page S9828]]

       (2) reduced examinations of cargo; and
       (3) priority searches of cargo.
       (c) Guidelines.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary, acting through the 
     Commissioner, shall develop a schedule and update the 
     guidelines for validating a participant's security measures 
     and supply chain security practices under this section.

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

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

     SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.

       (a) In General.--If at any time a C-TPAT participant's 
     security measures and supply chain security practices fail to 
     meet any of the requirements under this subtitle, the 
     Commissioner may deny the participant benefits otherwise 
     available under this subtitle, in whole or in part.
       (b) False or Misleading Information.--If a C-TPAT 
     participant knowingly provides false or misleading 
     information to the Commissioner during the validation process 
     provided for under this subtitle, the Commissioner shall 
     suspend or expel the participant from C-TPAT for an 
     appropriate period of time. The Commissioner may publish in 
     the Federal Register a list of participants who have been 
     suspended or expelled from C-TPAT pursuant to this 
     subsection, and may make such list available to C-TPAT 
     participants.
       (c) Right of Appeal.--
       (1) In general.--A C-TPAT participant may appeal a decision 
     of the Commissioner pursuant to subsection (a). Such appeal 
     shall be filed with the Secretary not later than 90 days 
     after the date of the decision, and the Secretary shall issue 
     a determination not later than 180 days after the appeal is 
     filed.
       (2) Appeals of other decisions.--A C-TPAT participant may 
     appeal a decision of the Commissioner pursuant to subsection 
     (b). Such appeal shall be filed with the Secretary not later 
     than 30 days after the date of the decision, and the 
     Secretary shall issue a determination not later than 180 days 
     after the appeal is filed.

     SEC. 218. REVALIDATION.

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

     SEC. 219. NONCONTAINERIZED CARGO.

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

     SEC. 220. C-TPAT PROGRAM MANAGEMENT.

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

     SEC. 221. RESOURCE MANAGEMENT STAFFING PLAN.

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

     SEC. 222. ADDITIONAL PERSONNEL.

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

     SEC. 223. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 224. REPORT TO CONGRESS.

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

                  Subtitle C--Miscellaneous Provisions

     SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.

       (a) Designations.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary shall designate 3 
     foreign seaports through which containers pass or are 
     transshipped to the United States for the establishment of 
     pilot integrated scanning systems that couple nonintrusive 
     imaging equipment and radiation detection equipment. In 
     making the designations under this paragraph, the Secretary 
     shall consider 3 distinct ports with unique features and 
     differing levels of trade volume.
       (b) Collaboration and Cooperation.--
       (1) In general.--The Secretary shall collaborate with the 
     Secretary of Energy and cooperate with the private sector and 
     the foreign government of each country in which a foreign 
     seaport is designated pursuant to subsection (a) to implement 
     the pilot systems.
       (2) Coordination.--The Secretary shall coordinate with the 
     Secretary of Energy to--
       (A) provide radiation detection equipment required to 
     support the pilot-integrated scanning system established 
     pursuant to subsection (a) through the Department of Energy's 
     Second Line of Defense and Megaports programs; or
       (B) work with the private sector to obtain radiation 
     detection equipment that meets both the Department's and the 
     Department of Energy's technical specifications for such 
     equipment.
       (c) Implementation.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary shall achieve a 
     full-scale implementation of the pilot integrated screening 
     system, which shall--
       (1) scan all containers destined for the United States that 
     transit through the port;
       (2) electronically transmit the images and information to 
     the container security initiative personnel in the host 
     country and customs personnel in the United States for 
     evaluation and analysis;
       (3) resolve every radiation alarm according to established 
     Department procedures;
       (4) utilize the information collected to enhance the 
     Automated Targeting System or other relevant programs; and

[[Page S9829]]

       (5) store the information for later retrieval and analysis.
       (d) Report.--Not later than 120 days after achieving full-
     scale implementation under subsection (c), the Secretary, in 
     consultation with the Secretary of Energy and the Secretary 
     of State, shall submit a report to the appropriate 
     congressional committees, that includes--
       (1) an evaluation of the lessons derived from the pilot 
     system implemented under this subsection;
       (2) an analysis of the efficacy of the Automated Targeting 
     System or other relevant programs in utilizing the images 
     captured to examine high-risk containers;
       (3) an evaluation of software that is capable of 
     automatically identifying potential anomalies in scanned 
     containers;
       (4) an analysis of the need and feasibility of expanding 
     the integrated scanning system to other container security 
     initiative ports, including--
       (A) an analysis of the infrastructure requirements;
       (B) a projection of the effect on current average 
     processing speed of containerized cargo;
       (C) an evaluation of the scalability of the system to meet 
     both current and future forecasted trade flows;
       (D) the ability of the system to automatically maintain and 
     catalog appropriate data for reference and analysis in the 
     event of a transportation disruption;
       (E) an analysis of requirements to install and maintain an 
     integrated scanning system;
       (F) the ability of administering personnel to efficiently 
     manage and utilize the data produced by a non-intrusive 
     scanning system;
       (G) the ability to safeguard commercial data generated by, 
     or submitted to, a non-intrusive scanning system; and
       (H) an assessment of the reliability of currently available 
     technology to implement an integrated scanning system.
       (e) Implementation.--As soon as practicable and possible 
     after the date of enactment of this Act, an integrated 
     scanning system shall be implemented to scan all containers 
     entering the United States prior to arrival in the United 
     States.

     SEC. 232. INTERNATIONAL COOPERATION AND COORDINATION.

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

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

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

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

     SEC. 233. SCREENING AND SCANNING OF CARGO CONTAINERS.

       (a) 100 Percent Screening of Cargo Containers and 100 
     Percent Scanning of High-Risk Containers.--
       (1) Screening of cargo containers.--The Secretary shall 
     ensure that 100 percent of the cargo containers entering the 
     United States through a seaport undergo a screening to 
     identify high-risk containers.
       (2) Scanning of high-risk containers.--The Secretary shall 
     ensure that 100 percent of the containers that have been 
     identified as high-risk are scanned before such containers 
     leave a United States seaport facility.
       (b) Full-Scale Implementation.--The Secretary, in 
     coordination with the Secretary of Energy and foreign 
     partners, shall fully deploy integrated scanning systems to 
     scan all containers entering the United States before such 
     containers arrive in the United States as soon as the 
     Secretary determines that the integrated scanning system--
       (1) meets the requirements set forth in section 231(c);
       (2) has a sufficiently low false alarm rate for use in the 
     supply chain;
       (3) is capable of being deployed and operated at ports 
     overseas;
       (4) is capable of integrating, as necessary, with existing 
     systems;
       (5) does not significantly impact trade capacity and flow 
     of cargo at foreign or United States ports; and
       (6) provides an automated notification of questionable or 
     high-risk cargo as a trigger for further inspection by 
     appropriately trained personnel.
       (c) Report.--Not later than 6 months after the submission 
     of a report under section 231(d), and every 6 months 
     thereafter, the Secretary shall submit a report to the 
     appropriate congressional committees describing the status of 
     full-scale deployment under subsection (b) and the cost of 
     deploying the system at each foreign port.

     SEC. 234. INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE.

       (a) Finding.--Congress finds that the Coast Guard, with 
     existing resources, is able to inspect foreign countries no 
     more frequently than on a 4 to 5 year cycle.
       (b) In General.--
       (1) Resources to complete initial inspections and 
     validation.--The Commandant of the Coast Guard shall increase 
     the resources dedicated to the International Port Inspection 
     Program and complete inspection of all foreign countries that 
     trade with the United States, including the validation of 
     compliance of such countries with the International Ship and 
     Port Facility Security Code, not later than December 31, 
     2008. If the Commandant of the Coast Guard is unable to meet 
     this objective, the Commandant of the Coast Guard shall 
     report to Congress on the resources needed to meet the 
     objective.
       (2) Reinspection and validation.--The Commandant of the 
     Coast Guard shall maintain the personnel and resources 
     necessary to maintain a schedule of re-inspection of foreign 
     countries every 2 years under the International Port 
     Inspection Program.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Coast Guard such sums as are 
     necessary to carry out the provisions of this section, 
     subject to the availability of appropriations.

     SEC. 235. CARGO SCREENING.

       (a) Radiation Risk Reduction.--
       (1) Safety protocols.--Immediately upon passage of this 
     Act, the Secretary, in consultation with the Secretary of 
     Labor and the Director of the National Institute of 
     Occupational Safety and Health at the Centers for Disease 
     Control, shall develop and implement protocols to protect the 
     safety of port workers and the general public.
       (2) Publication.--The protocols developed under paragraph 
     (1) shall be--
       (A) published and made available for public comment; and
       (B) designed to reduce the short- and long-term exposure of 
     worker and the public to the lowest levels feasible.
       (3) Report.--Not later than 1 year after the implementation 
     of protocols under paragraph (1), the Council of the National 
     Academy of Sciences and Director of the National Institute of 
     Occupational Safety and Health shall each submit a report to 
     Congress that includes--
       (A) information regarding the exposure of workers and the 
     public and the possible risk to their health and safety, if 
     any, posed by these screening procedures; and
       (B) any recommendations for modification of the cargo 
     screening protocols to reduce exposure to ionizing or non-
     ionizing radiation to the lowest levels feasible.
       (b) Government Responsibility.--Any employer of an employee 
     who has an illness or injury for which exposure to ionizing 
     or non-ionizing radiation from port cargo screening 
     procedures required under Federal law is a contributing cause 
     may seek, and shall receive, full reimbursement from the 
     Federal Government for

[[Page S9830]]

     additional costs associated with such illness or injury, 
     including costs incurred by the employer under the Longshore 
     and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.), 
     State workers' compensation laws, or other equivalent 
     programs.

                       TITLE III--ADMINISTRATION

     SEC. 301. OFFICE OF CARGO SECURITY POLICY.

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

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

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

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

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

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

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

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

     SEC. 304. COBRA FEES.

       (a) Extension of Fees.--Subparagraphs (A) and (B)(i) of 
     section 13031(j)(3) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A) and 
     (B)(i)) are amended by striking ``2014'' each place it 
     appears and inserting ``2015''.

     SEC. 305. ESTABLISHMENT OF COMPETITIVE RESEARCH PROGRAM.

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

     ``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

       ``(a) In General.--
       ``(1) Establishment.--The Secretary, acting through the 
     Under Secretary for Science and Technology, shall establish a 
     competitive research program within the Directorate.
       ``(2) Director.--The program shall be headed by a Director, 
     who shall be appointed by the Secretary. The Director shall 
     report to the Under Secretary.
       ``(3) Duties of director.--In the administration of the 
     program, the Director shall--
       ``(A) establish a cofunding mechanism for States with 
     academic facilities that have not fully developed security-
     related science and technology to support burgeoning research 
     efforts by the faculty or link them to established 
     investigators;
       ``(B) provide for conferences, workshops, outreach, and 
     technical assistance to researchers and institutions of 
     higher education in States on topics related to developing 
     science and technology expertise in areas of high interest 
     and relevance to the Department;
       ``(C) monitor the efforts of States to develop programs 
     that support the Department's mission;
       ``(D) implement a merit review program, consistent with 
     program objectives, to ensure the quality of research 
     conducted with Program funding; and
       ``(E) provide annual reports on the progress and 
     achievements of the Program to the Secretary.
       ``(b) Assistance Under the Program.--
       ``(1) Scope.--The Director shall provide assistance under 
     the program for research and development projects that are 
     related to, or qualify as, homeland security research (as 
     defined in section 307(a)(2)) under the program.
       ``(2) Form of assistance.--Assistance under the program can 
     take the form of grants, contracts, or cooperative 
     arrangements.
       ``(3) Applications.--Applicants shall submit proposals or 
     applications in such form, at such times, and containing such 
     information as the Director may require.
       ``(c) Implementation.--
       ``(1) Start-up phases.--For the first 3 fiscal years 
     beginning after the date of enactment of the Border 
     Infrastructure and Technology Integration Act of 2004, 
     assistance under the program shall be limited to institutions 
     of higher education located in States in which an institution 
     of higher education with a grant from, or a contract or 
     cooperative agreement with, the National Science Foundation 
     under section 113 of the National Science Foundation Act of 
     1988 (42 U.S.C. 1862) is located.
       ``(2) Subsequent fiscal years.--
       ``(A) In general.--Beginning with the 4th fiscal year after 
     the date of enactment of this Act, the Director shall rank 
     order the States (excluding any noncontiguous State (as 
     defined in section 2(14)) other than Alaska, Hawaii, the 
     Commonwealth of Puerto Rico, and the Virgin Islands) in 
     descending order in terms of the average amount of funds 
     received by institutions of higher education (as that term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)) in each State that received financial 
     assistance in the form of grants, contracts, or cooperative 
     arrangements under this title during each of the preceding 3 
     fiscal years.
       ``(B) Allocation.--Beginning with the 4th fiscal year after 
     the date of enactment of this Act, assistance under the 
     program for any fiscal year is limited to institutions of 
     higher education located in States in the lowest third of 
     those ranked under subparagraph (A) for that fiscal year.
       ``(C) Determination of location.--For purposes of this 
     paragraph, an institution of higher education shall be 
     considered to be located in the State in which its home 
     campus is located, except that assistance provided under the 
     program to a division, institute, or other facility located 
     in another State for use in that State shall be considered to 
     have been provided to an institution of higher education 
     located in that other State.
       ``(D) Multiyear assistance.--For purposes of this 
     paragraph, assistance under the program that is provided on a 
     multi-year basis shall be counted as provided in each such 
     year in the amount so provided for that year.
       ``(d) Funding.--The Secretary shall ensure, subject to the 
     availability of appropriations, that up to 5 percent of the 
     amount appropriated for each fiscal year to the Acceleration 
     Fund for Research and Development of Homeland Security 
     Technologies established by section 307(c)(1) is allocated to 
     the program established by subsection (a).
       ``(e) Report.--The Secretary shall submit an annual report 
     to the appropriate congressional committees detailing the 
     funds expended for the Acceleration Fund for Research and 
     Development of Homeland Security Technologies established by 
     section 307(c)(1).''.
       (b) Conforming Amendment.--The table of contents of the 
     Homeland Security Act of 2002 is amended by inserting after 
     the item relating to section 313 the following:

``Sec. 314. Competitive research program.''.

                TITLE IV--AGENCY RESOURCES AND OVERSIGHT

     SEC. 401. OFFICE OF INTERNATIONAL TRADE.

       Section 2 of the Act of March 3, 1927 (44 Stat. 1381, 
     chapter 348; 19 U.S.C. 2072), is amended by adding at the end 
     the following:
       ``(d) Office of International Trade.--
       ``(1) Establishment.--There is established within the 
     United States Customs and Border Protection an Office of 
     International Trade that shall be headed by an Assistant 
     Commissioner.
       ``(2) Transfer of assets, functions, and personnel; 
     elimination of offices.--
       ``(A) Office of strategic trade.--Not later than 90 days 
     after the date of the enactment of the Port Security 
     Improvement Act of 2006, the Commissioner shall transfer the 
     assets, functions, and personnel of the Office of Strategic 
     Trade to the Office of International Trade established 
     pursuant to paragraph (1) and the Office of Strategic Trade 
     shall be abolished.
       ``(B) Office of regulations and rulings.--Not later than 90 
     days after the date of the enactment of the Port Security 
     Improvement Act of 2006, the Commissioner shall transfer the 
     assets, functions, and personnel of the Office of Regulations 
     and Rulings to the Office of International Trade established 
     pursuant to paragraph (1) and the Office of Regulations and 
     Rulings shall be abolished.
       ``(C) Other transfers.--The Commissioner is authorized to 
     transfer any other assets, functions, or personnel within the 
     United States Customs and Border Protection to the Office of 
     International Trade established pursuant to paragraph (1). 
     Not later than 30 days after each such transfer, the 
     Commissioner shall notify the Committee on Appropriations, 
     the Committee on

[[Page S9831]]

     Finance, and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Appropriations, the Committee on Homeland Security, and the 
     Committee on Ways and Means of the House of Representatives 
     of the specific assets, functions, or personnel, that were 
     transferred, and the reason for such transfer.
       ``(e) International Trade Policy Committee.--
       ``(1) Establishment.--The Commissioner shall establish an 
     International Trade Policy Committee, to be chaired by the 
     Commissioner, and to include the Deputy Commissioner, the 
     Assistant Commissioner in the Office of Field Operations, the 
     Assistant Commissioner in the Office of International 
     Affairs, the Assistant Commissioner in the Office of 
     International Trade, and the Director of the Office of Trade 
     Relations.
       ``(2) Responsibilities.--The International Trade Policy 
     Committee shall--
       ``(A) be responsible for advising the Commissioner with 
     respect to the commercial customs and trade facilitation 
     functions of the United States Customs and Border Protection; 
     and
       ``(B) assist the Commissioner in coordinating with the 
     Assistant Secretary for Policy regarding commercial customs 
     and trade facilitation functions.
       ``(3) Annual report.--Not later than 30 days after the end 
     of each fiscal year, the International Trade Policy Committee 
     shall submit a report to the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives. The report shall--
       ``(A) detail the activities of the International Trade 
     Policy Committee during the preceding fiscal year; and
       ``(B) identify the priorities of the International Trade 
     Policy Committee for the fiscal year in which the report is 
     filed.
       ``(f) International Trade Finance Committee.--
       ``(1) Establishment.--The Commissioner shall establish an 
     International Trade Finance Committee, to be chaired by the 
     Commissioner, and to include the Deputy Commissioner, the 
     Assistant Commissioner in the Office of Finance, the 
     Assistant Commissioner in the Office of International Trade, 
     and the Director of the Office of Trade Relations.
       ``(2) Responsibilities.--The Trade Finance Committee shall 
     be responsible for overseeing the operation of all programs 
     and systems that are involved in the assessment and 
     collection of duties, bonds, and other charges or penalties 
     associated with the entry of cargo into the United States, or 
     the export of cargo from the United States, including the 
     administration of duty drawback and the collection of 
     antidumping and countervailing duties.
       ``(3) Annual report.--Not later than 30 days after the end 
     of each fiscal year, the Trade Finance Committee shall submit 
     a report to the Committee on Finance of the Senate and the 
     Committee on Ways and Means of the House of Representatives. 
     The report shall--
       ``(A) detail the activities and findings of the Trade 
     Finance Committee during the preceding fiscal year; and
       ``(B) identify the priorities of the Trade Finance 
     Committee for the fiscal year in which the report is filed.
       ``(g) Definition.--In this section, the term `Commissioner' 
     means the Commissioner responsible for the United States 
     Customs and Border Protection in the Department of Homeland 
     Security.''.

     SEC. 402. RESOURCES.

       Section 301 of the Customs Procedural Reform and 
     Simplification Act of 1978 (19 U.S.C. 2075) is amended by 
     adding at the end the following:
       ``(h) Resource Allocation Model.--
       ``(1) Resource allocation model.--Not later than June 30, 
     2007, and every 2 years thereafter, the Commissioner shall 
     prepare and submit to the Committee on Finance of the Senate 
     and the Committee on Ways and Means of the House of 
     Representatives a Resource Allocation Model to determine the 
     optimal staffing levels required to carry out the commercial 
     operations of United States Customs and Border Protection, 
     including commercial inspection and release of cargo and the 
     revenue functions described in section 412(b)(2) of the 
     Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)). The model 
     shall comply with the requirements of section 412(b)(1) of 
     such Act and shall take into account previous staffing models 
     and historic and projected trade volumes and trends. The 
     Resource Allocation Model shall apply both risk-based and 
     random sampling approaches for determining adequate staffing 
     needs for priority trade functions, including--
       ``(A) performing revenue functions;
       ``(B) enforcing antidumping and countervailing laws;
       ``(C) protecting intellectual property rights;
       ``(D) enforcing provisions of law relating to trade in 
     textiles and apparel;
       ``(E) conducting agricultural inspections;
       ``(F) enforcing fines, penalties and forfeitures; and
       ``(G) facilitating trade.
       ``(2) Personnel.--
       ``(A) In general.--Not later than September 30, 2007, the 
     Commissioner shall ensure that the requirements of section 
     412(b) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) 
     are fully satisfied and shall report to the Committee on 
     Finance of the Senate and the Committee on Ways and Means of 
     the House of Representatives regarding the implementation of 
     this subparagraph.
       ``(B) Customs and border protection officers.--The initial 
     Resource Allocation Model required pursuant to paragraph (1) 
     shall provide for the hiring of a minimum of 1000 additional 
     Customs and Border Protection Officers. The Commissioner 
     shall hire such additional officers, subject to the 
     appropriation of funds to pay for the salaries and expenses 
     of such officers, of which the Commissioner shall assign--
       ``(i) 1 additional officer at each port of entry in the 
     United States; and
       ``(ii) the balance of the additional officers authorized by 
     this subsection among ports of entry in the United States.
       ``(C) Assignment.--In assigning such officers pursuant to 
     subparagraph (B), the Commissioner shall consider the volume 
     of trade and the incidence of nonvoluntarily disclosed 
     customs and trade law violations in addition to security 
     priorities among such ports of entry.
       ``(D) Redistribution.--Not later than September 30, 2008, 
     the Director of Field Operations in each Field Office may, at 
     the request of the Director of a Service Port reporting to 
     such Field Office, direct the redistribution of the 
     additional personnel provided for pursuant to subparagraph 
     (B) among the ports of entry reporting to such Field Office. 
     The Commissioner shall promptly report any redistribution of 
     personnel pursuant to subparagraph (B) to the Committee on 
     Homeland Security and Governmental Affairs and Committee on 
     Finance of the Senate, and the Committee on Homeland Security 
     and Committee on Ways and Means of the House of 
     Representatives.
       ``(3) Authorization of appropriations.--In addition to any 
     monies hereafter appropriated to United States Customs and 
     Border Protection in the Department of Homeland Security, 
     there are authorized to be appropriated for the purpose of 
     meeting the requirements of paragraph (2)(B), to remain 
     available until expended--
       ``(A) $130,000,000 for fiscal year 2008.
       ``(B) $239,200,000 for fiscal year 2009.
       ``(C) $248,800,000 for fiscal year 2010.
       ``(D) $258,700,000 for fiscal year 2011.
       ``(E) $269,000,000 for fiscal year 2012.
       ``(4) Report.--Not later than 30 days after the end of each 
     fiscal year, the Commissioner shall report to the Committee 
     on Finance of the Senate and the Committee on Ways and Means 
     of the House of Representatives on the resources directed to 
     commercial and trade facilitation functions within the Office 
     of Field Operations for the preceding fiscal year. Such 
     information shall be reported for each category of personnel 
     within the Office of Field Operations.
       ``(5) Regulations to implement trade agreements.--Not later 
     than 30 days after the date of the enactment of the Port 
     Security Improvement Act of 2006, the Commissioner shall 
     designate and maintain not less than 5 attorneys within the 
     Office of International Trade established pursuant to section 
     2 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 
     U.S.C. 2072) with primary responsibility for the prompt 
     development and promulgation of regulations necessary to 
     implement any trade agreement entered into by the United 
     States.
       ``(6) Definition.--As used in this subsection, the term 
     `Commissioner' means the Commissioner responsible for United 
     States Customs and Border Protection in the Department of 
     Homeland Security.''.

     SEC. 403. NEGOTIATIONS.

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

[[Page S9832]]

       ``(D) develop and harmonize, to the extent practicable, 
     standards, technologies, and protocols for physical or 
     nonintrusive examinations that will facilitate the efficient 
     flow of international trade; and
       ``(E) ensure the protection of confidential commercial 
     data.
       ``(4) Definition.--In this subsection, the term 
     `Commissioner' means the Commissioner responsible for the 
     United States Customs and Border Protection in the Department 
     of Homeland Security.''.

     SEC. 404. INTERNATIONAL TRADE DATA SYSTEM.

       Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is 
     amended by adding at the end the following:
       ``(d) International Trade Data System.--
       ``(1) Establishment.--
       ``(A) In general.--The Secretary of the Treasury (in this 
     section, referred to as the `Secretary') shall oversee the 
     establishment of an electronic trade data interchange system 
     to be known as the `International Trade Data System' (ITDS). 
     The ITDS shall be implemented not later than the date that 
     the Automated Commercial Environment (commonly referred to as 
     `ACE') is implemented.
       ``(B) Purpose.--The purpose of the ITDS is to eliminate 
     redundant information requirements, to efficiently regulate 
     the flow of commerce, and to effectively enforce laws and 
     regulations relating to international trade, by establishing 
     a single portal system, operated by the United States Customs 
     and Border Protection, for the collection and distribution of 
     standard electronic import and export data required by all 
     participating Federal agencies.
       ``(C) Participation.--
       ``(i) In general.--All Federal agencies that require 
     documentation for clearing or licensing the importation and 
     exportation of cargo shall participate in the ITDS.
       ``(ii) Waiver.--The Director of the Office of Management 
     and Budget may waive, in whole or in part, the requirement 
     for participation for any Federal agency based on the 
     national security interests of the United States.
       ``(D) Consultation.--The Secretary shall consult with and 
     assist agencies in the transition from paper to electronic 
     format for the submission, issuance, and storage of documents 
     relating to data required to enter cargo into the United 
     States.
       ``(2) Data elements.--
       ``(A) In general.--The Interagency Steering Committee 
     (established under paragraph (3)) shall, in consultation with 
     the agencies participating in the ITDS, define the standard 
     set of data elements to be collected, stored, and shared in 
     the ITDS. The Interagency Steering Committee shall 
     periodically review the data elements in order to update the 
     standard set of data elements, as necessary.
       ``(B) Commitments and obligations.--The Interagency 
     Steering Committee shall ensure that the ITDS data 
     requirements are compatible with the commitments and 
     obligations of the United States as a member of the World 
     Customs Organization (WCO) and the World Trade Organization 
     (WTO) for the entry and movement of cargo.
       ``(C) Coordination.--The Secretary shall be responsible for 
     coordinating operation of the ITDS among the participating 
     agencies and the office within the United States Customs and 
     Border Protection that is responsible for maintaining the 
     ITDS.
       ``(3) Interagency steering committee.--There is established 
     an Interagency Steering Committee (in this section, referred 
     to as the `Committee'). The members of the Committee shall 
     include the Secretary (who shall serve as the chairperson of 
     the Committee), the Director of the Office of Management and 
     Budget, and the head of each agency participating in the 
     ITDS. The Committee shall assist the Secretary in overseeing 
     the implementation of, and participation in, the ITDS.
       ``(4) Report.--The Committee shall submit a report before 
     the end of each fiscal year to the Committee on Finance of 
     the Senate and the Committee on Ways and Means of the House 
     of Representatives. Each report shall include information 
     on--
       ``(A) the status of the ITDS implementation;
       ``(B) the extent of participation in the ITDS by Federal 
     agencies;
       ``(C) the remaining barriers to any agency's participation;
       ``(D) the consistency of the ITDS with applicable standards 
     established by the World Customs Organization and the World 
     Trade Organization;
       ``(E) recommendations for technological and other 
     improvements to the ITDS; and
       ``(F) the status of the development, implementation, and 
     management of the Automated Commercial Environment within the 
     United States Customs and Border Protection.''.

     SEC. 405. IN-BOND CARGO.

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

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

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

     SEC. 406. SENSE OF THE SENATE.

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

     SEC. 407. FOREIGN OWNERSHIP OF PORTS.

       (a) In General.--On and after the date of the enactment of 
     this Act, the United States Trade Representative may not 
     negotiate any bilateral or multilateral trade agreement that 
     limits the Congress in its ability to restrict the operations 
     or ownership of United States ports by a foreign country or 
     person.
       (b) Operations and Ownership.--For purposes of this 
     section, the term ``operations and ownership'' includes--
       (1) operating and maintaining docks;
       (2) loading and unloading vessels directly to or from land;
       (3) handling marine cargo;
       (4) operating and maintaining piers;
       (5) ship cleaning;
       (6) stevedoring;
       (7) transferring cargo between vessels and trucks, trains, 
     pipelines, and wharves; and
       (8) waterfront terminal operations.

                   TITLE V--RAIL SECURITY ACT OF 2006

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Rail Security Act of 
     2006''.

     SEC. 502. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability assessment.--The Under Secretary of 
     Homeland Security for Border and Transportation Security 
     (referred to in this title as the ``Under Secretary''), in 
     consultation with the Secretary of Transportation, shall 
     conduct a vulnerability assessment of freight and passenger 
     rail transportation (encompassing railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code), 
     which shall include--
       (A) identification and evaluation of critical assets and 
     infrastructures;
       (B) identification of threats to those assets and 
     infrastructures;
       (C) identification of vulnerabilities that are specific to 
     the transportation of hazardous materials via railroad; and
       (D) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment.
       (2) Existing private and public sector efforts.--The 
     assessment conducted under this subsection shall take into 
     account actions taken or planned by both public and private 
     entities to address identified security issues and assess the 
     effective integration of such actions.
       (3) Recommendations.--Based on the assessment conducted 
     under this subsection, the Under Secretary, in consultation 
     with the Secretary of Transportation, shall develop 
     prioritized recommendations for improving rail security, 
     including any recommendations the Under Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching and car storage areas, other rail 
     infrastructure and facilities, information systems, and other 
     areas identified by the Under Secretary as posing significant 
     rail-related risks to public safety and the movement of 
     interstate commerce, taking into account the impact that any 
     proposed security measure might have on the provision of rail 
     service;
       (B) deploying equipment to detect explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) training employees in terrorism prevention, passenger 
     evacuation, and response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term costs of 
     measures that may be required to address those risks.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Under 
     Secretary shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials (including those within other 
     agencies and offices within the Department of Homeland 
     Security), and other relevant parties.
       (c) Report.--
       (1) Contents.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary shall submit 
     to the Committee on Commerce, Science, and Transportation and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     contains--
       (A) the assessment and prioritized recommendations required 
     by subsection (a) and an

[[Page S9833]]

     estimate of the cost to implement such recommendations;
       (B) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the government to provide increased security 
     support at high or severe threat levels of alert; and
       (C) a plan for coordinating rail security initiatives 
     undertaken by the public and private sectors.
       (2) Format.--The Under Secretary may submit the report in 
     both classified and redacted formats if the Under Secretary 
     determines that such action is appropriate or necessary.
       (d) 2-Year Updates.--The Under Secretary, in consultation 
     with the Secretary of Transportation, shall update the 
     assessment and recommendations every 2 years and transmit a 
     report, which may be submitted in both classified and 
     redacted formats, to the Committees named in subsection 
     (c)(1), containing the updated assessment and 
     recommendations.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary $5,000,000 for 
     fiscal year 2007 to carry out this section.

     SEC. 503. RAIL SECURITY.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended by striking ``the rail 
     carrier'' each place it appears and inserting ``any rail 
     carrier''.
       (b) Review of Rail Regulations.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     Transportation, in consultation with the Under Secretary, 
     shall review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

     SEC. 504. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

       (a) Requirement for Study.--Not later than 1 year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall complete a study of the rail 
     passenger transportation security programs that are carried 
     out for rail transportation systems in Japan, member nations 
     of the European Union, and other foreign countries.
       (b) Purpose.--The purpose of the study conducted under 
     subsection (a) shall be to identify effective rail 
     transportation security measures that are in use in foreign 
     rail transportation systems, including innovative measures 
     and screening procedures determined effective.
       (c) Report.--The Comptroller General shall submit a report 
     on the results of the study conducted under subsection (a) to 
     the Committee on Commerce, Science, and Transportation and 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives. The report 
     shall include the Comptroller General's assessment regarding 
     whether it is feasible to implement within the United States 
     any of the same or similar security measures that are 
     determined effective under the study.

     SEC. 505. PASSENGER, BAGGAGE, AND CARGO SCREENING.

       (a) Requirement for Study and Report.--The Under Secretary, 
     in cooperation with the Secretary of Transportation, shall--
       (1) conduct a study to analyze the cost and feasibility of 
     requiring security screening for passengers, baggage, and 
     cargo on passenger trains; and
       (2) not later than 1 year after the date of the enactment 
     of this Act, submit a report containing the results of the 
     study and any recommendations that the Under Secretary may 
     have for implementing a rail security screening program to--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee of Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (b) Pilot Program.--As part of the study conducted under 
     subsection (a), the Under Secretary shall complete a pilot 
     program of random security screening of passengers and 
     baggage at 5 passenger rail stations served by Amtrak, which 
     shall be selected by the Under Secretary. In conducting the 
     pilot program under this subsection, the Under Secretary 
     shall--
       (1) test a wide range of explosives detection technologies, 
     devices, and methods;
       (2) require that intercity rail passengers produce 
     government-issued photographic identification, which matches 
     the name on the passenger's tickets before the passenger 
     boarding a train; and
       (3) attempt to give preference to locations at the highest 
     risk of terrorist attack and achieve a distribution of 
     participating train stations in terms of geographic location, 
     size, passenger volume, and whether the station is used by 
     commuter rail passengers and Amtrak passengers.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary to carry out this 
     section $5,000,000 for fiscal year 2007.

     SEC. 506. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

       Any statutory limitation on the number of employees in the 
     Transportation Security Administration of the Department of 
     Transportation, before or after its transfer to the 
     Department of Homeland Security, does not apply to the extent 
     that any such employees are responsible for implementing the 
     provisions of this title.

     SEC. 507. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation may 
     award grants to Amtrak for the purpose of making fire and 
     life-safety improvements to Amtrak tunnels on the Northeast 
     Corridor in New York, New York, Baltimore, Maryland, and 
     Washington, D.C.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York tunnels, to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $100,000,000 for fiscal year 2007;
       (B) $100,000,000 for fiscal year 2008;
       (C) $100,000,000 for fiscal year 2009; and
       (D) $170,000,000 for fiscal year 2010.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2007;
       (B) $10,000,000 for fiscal year 2008;
       (C) $10,000,000 for fiscal year 2009; and
       (D) $17,000,000 for fiscal year 2010.
       (3) For the Washington, DC Union Station tunnels to improve 
     ventilation, communication, lighting, and passenger egress 
     upgrades--
       (A) $8,000,000 for fiscal year 2007;
       (B) $8,000,000 for fiscal year 2008;
       (C) $8,000,000 for fiscal year 2009; and
       (D) $8,000,000 for fiscal year 2010.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation $3,000,000 
     for fiscal year 2007 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts 
     appropriated pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded under this section, the 
     Secretary has approved a project management plan prepared by 
     Amtrak that appropriately addresses--
       (A) project budget;
       (B) construction schedule;
       (C) recipient staff organization;
       (D) document control and record keeping;
       (E) change order procedure;
       (F) quality control and assurance;
       (G) periodic plan updates;
       (H) periodic status reports; and
       (I) such other matters the Secretary determines to be 
     appropriate.
       (f) Review of Plans.--
       (1) Completion.--The Secretary of Transportation shall 
     complete the review of the plans required under paragraphs 
     (1) and (2) of subsection (e) and approve or disapprove the 
     plans not later than 45 days after the date on which each 
     such plan is submitted by Amtrak.
       (2) Incomplete plans.--If the Secretary determines that a 
     plan is incomplete or deficient--
       (A) the Secretary shall notify Amtrak of the incomplete 
     items or deficiencies; and
       (B) not later than 30 days after receiving the Secretary's 
     notification under subparagraph (A), Amtrak shall submit a 
     modified plan for the Secretary's review.
       (3) Review of modified plans.--Not later than 15 days after 
     receiving additional information on items previously included 
     in the plan, and not later than 45 days after receiving items 
     newly included in a modified plan, the Secretary shall--
       (A) approve the modified plan; or
       (B) if the Secretary finds the plan is still incomplete or 
     deficient--
       (i) submit a report to the Committee on Commerce, Science, 
     and Transportation and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that identifies the portions of the plan the 
     Secretary finds incomplete or deficient;
       (ii) approve all other portions of the plan;
       (iii) obligate the funds associated with those other 
     portions; and
       (iv) execute an agreement with Amtrak not later than 15 
     days thereafter on a process for resolving the remaining 
     portions of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary of Transportation shall, taking into account the 
     need for the timely completion of all portions of the tunnel 
     projects described in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use of the tunnels, if feasible.

     SEC. 508. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Not later than 60 days after 
     the date of enactment of this Act, the Secretary of 
     Transportation and the Secretary of Homeland Security shall 
     execute a memorandum of agreement governing the roles and 
     responsibilities of the Department of Transportation and the 
     Department of Homeland Security, respectively, in addressing 
     railroad transportation security matters, including the 
     processes the departments will follow to promote 
     communications, efficiency, and nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``railroad 
     safety'' and inserting ``railroad safety, including 
     security,''.

[[Page S9834]]

     SEC. 509. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2006, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board and the Secretary of 
     Transportation a plan for addressing the needs of the 
     families of passengers involved in any rail passenger 
     accident involving an Amtrak intercity train and resulting in 
     a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release to any person information on a list obtained 
     under subsection (b)(1) but may provide information on the 
     list about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of 
     Transportation for the use of Amtrak $500,000 for fiscal year 
     2007 to carry out this section. Amounts appropriated pursuant 
     to this subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents.''.

     SEC. 510. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--Subject to subsection (c), the Under 
     Secretary may award grants, through the Secretary of 
     Transportation, to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, D.C.;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Under Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units;
       (7) to expand emergency preparedness efforts; and
       (8) for employee security training.
       (b) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak for projects under subsection (a) 
     unless--
       (1) the projects are contained in a systemwide security 
     plan approved by the Under Secretary, in consultation with 
     the Secretary of Transportation;
       (2) capital projects meet the requirements under section 
     507(e)(2); and
       (3) the plan includes appropriate measures to address 
     security awareness, emergency response, and passenger 
     evacuation training.
       (c) Equitable Geographic Allocation.--The Under Secretary 
     shall ensure that, subject to meeting the highest security 
     needs on Amtrak's entire system, stations and facilities 
     located outside of the Northeast Corridor receive an 
     equitable share of the security funds authorized under this 
     section.
       (d) Availability of Funds.--There are authorized to be 
     appropriated to the Under Secretary $63,500,000 for fiscal 
     year 2007, $30,000,000 for fiscal year 2008, and $30,000,000 
     for fiscal year 2009 for the purposes of carrying out this 
     section. Amounts appropriated pursuant to this subsection 
     shall remain available until expended.

     SEC. 511. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Under Secretary may 
     award grants to freight railroads, the Alaska Railroad, 
     hazardous materials shippers, owners of rail cars used in the 
     transportation of hazardous materials, universities, colleges 
     and research centers, State and local governments (for 
     passenger facilities and infrastructure not owned by Amtrak), 
     and, through the Secretary of Transportation, to Amtrak, for 
     full or partial reimbursement of costs incurred in the 
     conduct of activities to prevent or respond to acts of 
     terrorism, sabotage, or other intercity passenger rail and 
     freight rail security threats, including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of cargo or passenger screening equipment 
     at the international border between the United States and 
     Mexico or the international border between the United States 
     and Canada;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     under section 502(c), including infrastructure, facilities, 
     and equipment upgrades.
       (b) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     awarded under this section are expended in accordance with 
     the purposes of this title and the priorities and other 
     criteria developed by the Under Secretary.
       (c) Equitable Allocation.--The Under Secretary shall 
     equitably distribute the funds authorized by this section, 
     taking into account geographic location, and shall encourage 
     non-Federal financial participation in awarding grants. With 
     respect to grants for passenger rail security, the Under 
     Secretary shall also take into account passenger volume and 
     whether a station is used by commuter rail passengers and 
     intercity rail passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section 510(b).
       (e) Allocation Between Railroads and Others.--Unless the 
     Under Secretary determines, as a result of the assessment 
     required by section 502, that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, a grant may not be awarded under this 
     section--
       (1) in excess of $65,000,000 to Amtrak; or
       (2) in excess of $100,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) High Hazard Materials Defined.--In this section, the 
     term ``high hazard materials'' means poison inhalation hazard 
     materials, class 2.3 gases, class 6.1 materials, and 
     anhydrous ammonia.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary $350,000,000 for 
     fiscal year 2007 to carry out the purposes of this section. 
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. 512. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Transportation 
     may use not more than 0.5 percent of amounts made available 
     to Amtrak for capital projects under this title--
       (1) to enter into contracts for the review of proposed 
     capital projects and related program management plans; and
       (2) to oversee construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) to make contracts for safety, 
     procurement, management, and financial compliance reviews and 
     audits of a recipient of amounts under subsection (a).
       (c) Procedures for Grant Award.--The Under Secretary shall 
     prescribe procedures and schedules for the awarding of grants 
     under this title, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of

[[Page S9835]]

     decision on applicant eligibility. The procedures shall 
     include the execution of a grant agreement between the grant 
     recipient and the Under Secretary. The Under Secretary shall 
     issue a final rule establishing the procedures not later than 
     90 days after the date of the enactment of this Act.

     SEC. 513. RAIL SECURITY RESEARCH AND 
                   DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Under Secretary, in conjunction with the Secretary of 
     Transportation, shall carry out a research and development 
     program for the purpose of improving freight and intercity 
     passenger rail security that may include research and 
     development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment; and
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car and 
     transmit information about the integrity of tank cars to the 
     train crew;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section 511(g));
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety;
       (6) other projects recommended in the report required under 
     section 502.
       (b) Coordination With Other Research Initiatives.--The 
     Under Secretary shall ensure that the research and 
     development program under this section is coordinated with 
     other research and development initiatives at the Department 
     of Homeland Security and the Department of Transportation. 
     The Under Secretary shall carry out any research and 
     development project authorized under this section through a 
     reimbursable agreement with the Secretary of Transportation 
     if the Secretary--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Under Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary $50,000,000 in each 
     of fiscal years 2007 and 2008 to carry out the purposes of 
     this section. Amounts appropriated pursuant to this 
     subsection shall remain available until expended.

     SEC. 514. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

       (a) Track Standards.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator of the 
     Federal Railroad Administration shall--
       (1) require each track owner using continuous welded rail 
     track to include procedures to improve the identification of 
     cracks in rail joint bars in the procedures filed with the 
     Administration under section 213.119 of title 49, Code of 
     Federal Regulations;
       (2) instruct Administration track inspectors to obtain 
     copies of the most recent continuous welded rail programs of 
     each railroad within the inspectors' areas of responsibility 
     and require that inspectors use those programs when 
     conducting track inspections; and
       (3) establish a program to--
       (A) periodically review continuous welded rail joint bar 
     inspection data from railroads and Administration track 
     inspectors; and
       (B) require railroads to increase the frequency or improve 
     the methods of inspection of joint bars in continuous welded 
     rail, if the Administrator determines that such increase or 
     improvement is necessary or appropriate.
       (b) Tank Car Standards.--The Administrator of the Federal 
     Railroad Administration shall--
       (1) not later than 1 year after the date of the enactment 
     of this Act, validate the predictive model it is developing 
     to quantify the relevant dynamic forces acting on railroad 
     tank cars under accident conditions; and
       (2) not later than 18 months after the date of the 
     enactment of this Act, initiate a rulemaking to develop and 
     implement appropriate design standards for pressurized tank 
     cars.
       (c) Older Tank Car Impact Resistance Analysis and Report.--
     Not later than 2 years after the date of the enactment of 
     this Act, the Administrator of the Federal Railroad 
     Administration shall--
       (1) conduct a comprehensive analysis to determine the 
     impact resistance of the steels in the shells of pressure 
     tank cars constructed before 1989; and
       (2) submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains recommendations for measures to 
     eliminate or mitigate the risk of catastrophic failure.

     SEC. 515. NORTHERN BORDER RAIL PASSENGER REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Under Secretary, in consultation with the heads 
     of other appropriate Federal departments and agencies and the 
     National Railroad Passenger Corporation, shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation and Committee of Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     traveling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers; and
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security.

     SEC. 516. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL 
                   IN COMMUNITIES WITHOUT GRADE SEPARATION.

       (a) Study.--The Secretary of Homeland Security, in 
     consultation with State and local government officials, shall 
     conduct a study on the impact of blocked highway-railroad 
     grade crossings on the ability of emergency responders, 
     including ambulances and police, fire, and other emergency 
     vehicles, to perform public safety and security duties in the 
     event of a terrorist attack.
       (b) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit a report to the Committee on Commerce, Science, 
     and Transportation and Committee of Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains--
       (1) the findings of the study conducted under subsection 
     (a); and
       (2) recommendations for reducing the impact of blocked 
     crossings on emergency response.

     SEC. 517. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter I of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20115 the following:

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

       ``(a) Discrimination Against Employee.--A rail carrier 
     engaged in interstate or foreign commerce may not discharge a 
     railroad employee or otherwise discriminate against a 
     railroad employee because the employee (or any person acting 
     pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided, to the employer or the 
     Federal Government information relating to a reasonably 
     perceived threat, in good faith, to security; or
       ``(2) provided, caused to be provided, or is about to 
     provide or cause to be provided, testimony before Congress or 
     at any Federal or State proceeding regarding a reasonably 
     perceived threat, in good faith, to security; or
       ``(3) refused to violate or assist in the violation of any 
     law, rule or regulation related to rail security.
       ``(b) Dispute Resolution.--A dispute, grievance, or claim 
     arising under this section is subject to resolution under 
     section 3 of the Railway Labor Act (45 U.S.C. 153). In a 
     proceeding by the National Railroad Adjustment Board, a 
     division or delegate of the Board, or another board of 
     adjustment established under such section 3 to resolve the 
     dispute, grievance, or claim the proceeding shall be 
     expedited and the dispute, grievance, or claim shall be 
     resolved not later than 180 days after the filing date. If 
     the violation is a form of discrimination that does not 
     involve discharge, suspension, or another action affecting 
     pay, and no other remedy is available under this subsection, 
     the Board, division, delegate, or other board of adjustment 
     may award the employee reasonable damages, including punitive 
     damages, of not more than $20,000.
       ``(c) Procedural Requirements.--Except as provided in 
     subsection (b), the procedure set forth in section 
     42121(b)(2)(B), including the burdens of proof, applies to 
     any complaint brought under this section.
       ``(d) Election of Remedies.--An employee of a railroad 
     carrier may not seek protection under both this section and 
     another provision of law for the same allegedly unlawful act 
     of the carrier.
       ``(e) Disclosure of Identity.--
       ``(1) In general.--Except as provided in paragraph (2), or 
     with the written consent of the employee, the Secretary of 
     Transportation may not

[[Page S9836]]

     disclose the name of an employee of a railroad carrier who 
     has provided information about an alleged violation of this 
     section.
       ``(2) Enforcement.--The Secretary shall disclose to the 
     Attorney General the name of an employee described in 
     paragraph (1) if the matter is referred to the Attorney 
     General for enforcement.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 of title 49, United States Code, is amended by inserting 
     after the item relating to section 20115 the following:

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

     SEC. 518. RAIL WORKER SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security and 
     the Secretary of Transportation, in consultation with 
     appropriate law enforcement, security, and terrorism experts, 
     representatives of railroad carriers, and nonprofit employee 
     organizations that represent rail workers, shall develop and 
     issue detailed guidance for a rail worker security training 
     program to prepare front-line workers for potential threat 
     conditions. The guidance shall take into consideration any 
     current security training requirements or best practices.
       (b) Program Elements.--The guidance developed under 
     subsection (a) shall include elements, as appropriate to 
     passenger and freight rail service, that address the 
     following:
       (1) Determination of the seriousness of any occurrence.
       (2) Crew communication and coordination.
       (3) Appropriate responses to defend or protect oneself.
       (4) Use of protective devices.
       (5) Evacuation procedures.
       (6) Psychology of terrorists to cope with hijacker behavior 
     and passenger responses.
       (7) Situational training exercises regarding various threat 
     conditions.
       (8) Any other subject the Secretary considers appropriate.
       (c) Railroad Carrier Programs.--Not later than 90 days 
     after the Secretary of Homeland Security issues guidance 
     under subsection (a) in final form, each railroad carrier 
     shall develop a rail worker security training program in 
     accordance with that guidance and submit it to the Secretary 
     for review. Not later than 30 days after receiving a railroad 
     carrier's program under this subsection, the Secretary shall 
     review the program and transmit comments to the railroad 
     carrier concerning any revisions the Secretary considers 
     necessary for the program to meet the guidance requirements. 
     A railroad carrier shall respond to the Secretary's comments 
     within 30 days after receiving them.
       (d) Training.--Not later than 1 year after the Secretary 
     reviews the training program developed by a railroad carrier 
     under this section, the railroad carrier shall complete the 
     training of all front-line workers in accordance with that 
     program. The Secretary shall review implementation of the 
     training program of a representative sample of railroad 
     carriers and report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Transportation and Infrastructure, and the House 
     of Representatives Committee on Homeland Security on the 
     number of reviews conducted and the results. The Secretary 
     may submit the report in both classified and redacted formats 
     as necessary.
       (e) Updates.--The Secretary shall update the training 
     guidance issued under subsection (a) as appropriate to 
     reflect new or different security threats. Railroad carriers 
     shall revise their programs accordingly and provide 
     additional training to their front-line workers within a 
     reasonable time after the guidance is updated.
       (f) Front-Line Workers Defined.--In this section, the term 
     ``front-line workers'' means security personnel, dispatchers, 
     train operators, other onboard employees, maintenance and 
     maintenance support personnel, bridge tenders, as well as 
     other appropriate employees of railroad carriers, as defined 
     by the Secretary.
       (g) Other Employees.--The Secretary of Homeland Security 
     shall issue guidance and best practices for a rail shipper 
     employee security program containing the elements listed 
     under subsection (b) as appropriate.

     SEC. 519. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
                   PLANS.

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

     SEC. 520. PUBLIC AWARENESS.

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

     SEC. 521. RAILROAD HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications.--
       (1) In general.--In conjunction with any rail security 
     research and development program administered by the 
     Department of Homeland Security and consistent with the 
     results of research relating to wireless tracking 
     technologies, the Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), shall 
     develop a program that will encourage the equipping of rail 
     cars transporting high hazard materials (as defined in 
     section 519) in quantities equal to or greater than the 
     quantities specified in subpart 171.800 of title 49, Code of 
     Federal Regulations, with wireless terrestrial or satellite 
     communications technology that provides--
       (A) car position location and tracking capabilities;
       (B) notification of rail car depressurization, breach, or 
     unsafe temperature; and
       (C) notification of hazardous material release.
       (2) Coordination.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for rail car tracking at the Department of Transportation; 
     and
       (B) ensure that the program is consistent with 
     recommendations and findings of the Department of Homeland 
     Security's hazardous material tank rail car tracking pilot 
     programs.
       (b) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this section 
     $3,000,000 for each of fiscal years 2007, 2008, and 2009.

                    TITLE VI--NATIONAL ALERT SYSTEM

     SEC. 601. SHORT TITLE.

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

     SEC. 602. NATIONAL ALERT SYSTEM.

       (a) Establishment.--There is established a National Alert 
     System to provide a public communications system capable of 
     alerting the public on a national, regional, or local basis 
     to emergency situations requiring a public response.
       (b) Functions.--The National Alert System--
       (1) will enable any Federal, State, tribal, or local 
     government official with credentials issued by the National 
     Alert Office under section 603 to alert the public to any 
     imminent threat that presents a significant risk of injury or 
     death to the public;

[[Page S9837]]

       (2) will be coordinated with and supplement existing 
     Federal, State, tribal, and local emergency warning and alert 
     systems;
       (3) will be flexible enough in its application to permit 
     narrowly targeted alerts in circumstances in which only a 
     small geographic area is exposed or potentially exposed to 
     the threat; and
       (4) will transmit alerts across the greatest possible 
     variety of communications technologies, including digital and 
     analog broadcasts, cable and satellite television, satellite 
     and terrestrial radio, wireless communications, wireline 
     communications, and the Internet to reach the largest portion 
     of the affected population.
       (c) Capabilities.--The National Alert System--
       (1) shall incorporate multiple communications technologies 
     and be designed to adapt to, and incorporate, future 
     technologies for communicating directly with the public;
       (2) shall include mechanisms and technologies to ensure 
     that members of the public with disabilities and older 
     individuals (as defined in section 102(35) of the Older 
     Americans Act of 1965 (42 U.S.C. 3002(35))) are able to 
     receive alerts and information provided through the National 
     Alert System;
       (3) shall not interfere with existing alert, warning, 
     priority access, or emergency communications systems employed 
     by Federal, State, tribal, or local emergency response 
     personnel and may utilize existing emergency alert 
     technologies, including the NOAA All-Hazards Radio System, 
     digital and analog broadcast, cable, and satellite television 
     and satellite and terrestrial radio;
       (4) shall not be based upon any single technology or 
     platform, but shall be designed to provide alerts to the 
     largest portion of the affected population feasible and 
     improve the ability of remote areas to receive alerts;
       (5) shall incorporate technologies to alert effectively 
     underserved communities (as determined by the Commission 
     under section 608(a) of this title);
       (6) when technologically feasible shall be capable of 
     providing information in languages other than, and in 
     addition to, English where necessary or appropriate; and
       (7) shall be designed to promote local and regional public 
     and private partnerships to enhance community preparedness 
     and response.
       (d) Reception of Alerts.--The National Alert System shall--
       (1) utilize multiple technologies for providing alerts to 
     the public, including technologies that do not require 
     members of the public to activate a particular device or use 
     a particular technology to receive an alert provided via the 
     National Alert System; and
       (2) provide redundant alert mechanisms where practicable so 
     as to reach the greatest number of people regardless of 
     whether they have access to, or utilize, any specific medium 
     of communication or any particular device.
       (e) Emergency Alert System.--Within 1 year after the date 
     of enactment of this Act, the Federal Communications 
     Commission shall--
       (1) ensure the President, Secretary of Homeland Security, 
     and State Governors have access to the emergency alert 
     system; and
       (2) ensure that the Emergency Alert System can transmit in 
     languages other than English.

     SEC. 603. IMPLEMENTATION AND USE.

       (a) Authority To Access System.--
       (1) In general.--Within 180 days after the date of 
     enactment of this Act, the National Alert Office shall 
     establish a process for issuing credentials to Federal, 
     State, tribal, or local government officials with 
     responsibility for issuing safety warnings to the public that 
     will enable them to access the National Alert System and 
     preserves access to existing alert, warning, and emergency 
     communications systems pursuant to section 602(c)(3). The 
     Office shall approve or disapprove a request for credentials 
     within 60 days of request by the Federal department or 
     agency, the governor of the State or the elected leader of a 
     federally recognized Indian tribe.
       (2) Requests for credentials.--Requests for credentials 
     from Federal, State, tribal, and local government agencies 
     shall be submitted to the Office by the head of the Federal 
     department or agency, or the governor of the State or the 
     elected leader of a Federally recognized Indian tribe, 
     concerned, for review and approval.
       (3) Scope and Limitations of Credentials.--The Office 
     shall--
       (A) establish eligibility criteria for issuing, renewing, 
     and revoking access credentials;
       (B) limit credentials to appropriate geographic areas or 
     political jurisdictions; and
       (C) ensure that the credentials permit use of the National 
     Alert System only for alerts that are consistent with the 
     jurisdiction, authority, and basis for eligibility of the 
     individual to whom the credentials are issued to use the 
     National Alert System.
       (4) Periodic training.--The Office shall--
       (A) establish a periodic training program for Federal, 
     State, tribal, or local government officials with credentials 
     to use the National Alert System; and
       (B) require such officials to undergo periodic training 
     under the program as a prerequisite for retaining their 
     credentials to use the system.
       (b) Allowable Alerts.--
       (1) In general.--Any alert transmitted via the National 
     Alert System, other than an alert described in paragraph (3), 
     shall meet 1 or more of the following requirements:
       (A) An alert shall notify the public of a hazardous 
     situation that poses an imminent threat to the public health 
     or safety.
       (B) An alert shall provide appropriate instructions for 
     actions to be taken by individuals affected or potentially 
     affected by such a situation.
       (C) An alert shall advise individuals of public addresses 
     by Federal, State, tribal, or local officials when related to 
     a significant threat to public safety and transmit such 
     addresses when practicable and technically feasible.
       (D) An alert shall notify the public of when the hazardous 
     situation has ended or has been brought under control.
       (2) Event eligibility regulations.--The director of the 
     National Alert Office, in consultation with the Working 
     Group, shall by regulation specify--
       (A) the classes of events or situations for which the 
     National Alert System may be used to alert the public; and
       (B) the content of the types of alerts that may be 
     transmitted by or through use of the National Alert System, 
     which may include--
       (i) notifications to the public of a hazardous situation 
     that poses an imminent threat to the public health or safety 
     accompanied by appropriate instructions for actions to be 
     taken by individuals affected or potentially affected by such 
     a situation; and
       (ii) when technologically feasible public addresses by 
     Federal, State, tribal, or local officials related to a 
     significant threat to public safety.
       (3) Opt-in procedures for optional alerts.--The director of 
     the Office, in coordination with the Working Group, may 
     establish a procedure under which licensees who elect to 
     participate in the National Alert System as described in 
     subsection (d), may transmit non-emergency information via 
     the National Alert System to individuals who request such 
     information.
       (c) Access Points.--The National Alert System shall 
     provide--
       (1) secure, widely dispersed multiple access points to 
     Federal, State, or local government officials with 
     credentials that will enable them to initiate alerts for 
     transmission to the public via the National Alert System; and
       (2) system redundancies to ensure functionality in the 
     event of partial system failures, power failures, or other 
     interruptive events.
       (d) Election To Carry Service.--
       (1) Amendment of license.--Within 60 days after the date on 
     which the National Alert Office adopts relevant technical 
     standards based on recommendations of the Working Group, the 
     Federal Communications Commission shall initiate a proceeding 
     and subsequently issue an order--
       (A) to allow any licensee providing commercial mobile 
     service (as defined in section 332(d)(1) of the 
     Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit 
     National Alert System alerts to all subscribers to, or users 
     of, such service; and
       (B) to require any such licensee who elects under paragraph 
     (2) not to participate in the transmission of National Alert 
     System alerts, to provide clear and conspicuous notice at the 
     point of sale of any devices with which its service is 
     included, that it will not transmit National Alert System 
     alerts via its service.
       (2) Election to carry service.--
       (A) In general.--Within 30 days after the Commission issues 
     its order under paragraph (1), each such licensee shall file 
     an election with the Commission with respect to whether or 
     not it intends to participate in the transmission of National 
     Alert System alerts.
       (B) Participation.--If a licensee elects to participate in 
     the transmission of National Alert System alerts, the 
     licensee shall certify to the Commission that it will 
     participate in a manner consistent with the standards and 
     protocols implemented by the National Alert Office.
       (C) Advertising.--Nothing in this title shall be construed 
     to prevent a licensee from advertising that it participates 
     in the transmission of National Alert System alerts.
       (D) Withdrawal from or later entry into system.--The 
     Commission shall establish a procedure--
       (i) for a participating licensee to withdraw from the 
     National Alert System upon notification of its withdrawal to 
     its existing subscribers;
       (ii) for a licensee to enter the National Alert System at a 
     date later than provided in subparagraph (A); and
       (iii) under which a subscriber may terminate a subscription 
     to service provided by a licensee that withdraws from the 
     National Alert System without penalty or early termination 
     fee.
       (E) Consumer choice technology.--Any licensee electing to 
     participate in the transmission of National Alert System 
     alerts may offer subscribers the capability of preventing the 
     subscriber's device from receiving alerts broadcast by the 
     system other than an alert issued by the President.
       (3) Expansion of class of licensees participating.--The 
     Commission, in consultation with the National Alert Office, 
     may expand the class of licensees allowed to participate in 
     the transmission of National Alert System alerts subject to 
     such requirements as the Commission, in consultation with the 
     National Alert Office, determines to be necessary or 
     appropriate--
       (A) to ensure the broadest feasible propagation of alerts 
     transmitted by the National Alert System to the public; and
       (B) to ensure that the functionality, integrity, and 
     security of the National Alert System is not compromised.
       (e) Digital Television Transmission Towers.--
       (1) Retransmission capability.--Within 30 days after the 
     date on which the National Alert Office adopts relevant 
     technical standards based on recommendations of the Working 
     Group, the Federal Communications Commission shall initiate a 
     proceeding to require public broadcast television licensees 
     and permittees to install necessary equipment and 
     technologies on, or as part of, any broadcast television 
     digital signal transmitter to enable the transmitter to serve 
     as a backbone for the reception, relay, and retransmission of 
     National Alert System alerts.
       (2) Compensation.--The National Alert Office established by 
     section 605 shall compensate any

[[Page S9838]]

     such licensee or permittee for costs incurred in complying 
     with the requirements imposed pursuant to paragraph (1).
       (f) FCC Regulation of Compliance.--Except as provided in 
     subsections (d) and (e), the Federal Communications 
     Commission shall have no regulatory authority under this 
     title except to regulate compliance with this title by 
     licensees and permittees regulated by the Commission under 
     the Communications Act of 1934 (47 U.S.C. 151 et seq.).
       (g) Limitation of Liability.--Any person that participates 
     in the transmission of National Alert System alerts and that 
     meets its obligations under this title shall not be liable to 
     any subscriber to, or user of, such person's service or 
     equipment for--
       (1) any act or omission related to or any harm resulting 
     from the transmission of, or failure to transmit, a National 
     Alert System alert to such subscriber or user; or
       (2) for the release to a government agency or entity, 
     public safety, fire service, law enforcement official, or 
     emergency facility of subscriber information used in 
     connection with delivering an alert.
       (h) Testing.--The director shall establish testing criteria 
     and guidelines for licensees that elect to participate in the 
     transmission of National Alert System alerts.

     SEC. 604. COORDINATION WITH EXISTING PUBLIC ALERT SYSTEMS AND 
                   AUTHORITY.

       (a) Existing Federal Warning System Coordination.--The 
     director shall work with the Federal Communications 
     Commission, the National Oceanic and Atmospheric 
     Administration, and other relevant Federal agencies to ensure 
     that the National Alert System--
       (1) complements, rather than duplicates, existing Federal 
     alert systems; and
       (2) obtains the maximum benefit possible from the 
     utilization of existing research and development, 
     technologies, and processes developed for or utilized by 
     existing Federal alert systems.
       (b) Existing alert authority.--Nothing in this title shall 
     be construed--
       (1) to interfere with the authority of a Federal, State, or 
     local government official under any other provision of law to 
     transmit public alerts via the NOAA All-Hazards Radio System, 
     digital and analog broadcast, cable, and satellite television 
     and satellite and terrestrial radio, or any other emergency 
     alert system in existence on the date of enactment of this 
     Act;
       (2) to require alerts transmitted under the authority 
     described in paragraph (1) to comply with any standard 
     established pursuant to section 603; or
       (3) to require any Federal, State, or local government 
     official to obtain credentials or undergo training under this 
     title before transmitting alerts under the authority 
     described in paragraph (1).

     SEC. 605. NATIONAL ALERT OFFICE.

       (a) Establishment.--
       (1) In general.--The National Alert Office is established 
     within the Department of Homeland Security.
       (2) Director.--The office shall be headed by a director 
     with at least 5 years' operational experience in the 
     management and issuance of warnings and alerts, hazardous 
     event management, or disaster planning. The Director shall 
     serve under and report to the Secretary of Homeland Security 
     or his designee.
       (3) Staff.--The office shall have a staff with significant 
     technical expertise in the communications industry and 
     emergency public communications. The director may request the 
     detailing of staff from any appropriate Federal department or 
     agency in order to ensure that the concerns of all such 
     departments and agencies are incorporated into the daily 
     operation of the National Alert System.
       (b) Functions and Responsibilities.--
       (1) In general.--The Office shall administer, operate, and 
     manage the National Alert System established under this 
     title.
       (2) Implementation of working group recommendations.--The 
     Office shall be responsible for implementing the 
     recommendations of the Working Group established by section 
     606 regarding--
       (A) the technical transmission of alerts;
       (B) the incorporation of new technologies into the National 
     Alert System;
       (C) the technical capabilities of the National Alert 
     System; and
       (D) any other matters that fall within the duties of the 
     Working Group.
       (3) Transmission of Alerts.--In administering the National 
     Alert System, the director of the National Alert Office shall 
     ensure that--
       (A) the National Alert System is available to, and enables, 
     only Federal, State, tribal, or local government officials 
     with credentials issued by the National Alert Office under 
     section 603 to access and utilize the National Alert System;
       (B) the National Alert System is capable of providing 
     geographically targeted alerts where such alerts are 
     appropriate;
       (C) the legitimacy and authenticity of any proffered alert 
     is verified before it is transmitted;
       (D) each proffered alert complies with formats, protocols, 
     and other requirements established by the Office to ensure 
     the efficacy and usefulness of alerts transmitted via the 
     National Alert System;
       (E) the security and integrity of a National Alert System 
     alert from the point of origination to delivery is 
     maintained; and
       (F) the security and integrity of the National Alert System 
     is maintained and protected.
       (c) Reports.--
       (1) Annual reports.--The director shall submit an annual 
     report to the Senate Committee on Commerce, Science, and 
     Transportation, the Senate Committee on Homeland Security and 
     Governmental Affairs, the House of Representatives Committee 
     on Homeland Security, the House of Representatives Committee 
     on Energy and Commerce, the House of Representatives 
     Committee on Science, and the House of Representatives 
     Committee on Transportation and Infrastructure on the status 
     of, and plans for, the National Alert System. In the first 
     annual report, the director shall report on--
       (A) the progress made toward operational activation of the 
     alerting capabilities of the National Alert System; and
       (B) the anticipated date on which the National Alert System 
     will be available for utilization by Federal, State, and 
     local officials.
       (2) 5-year plan.--Within 1 year after the date of enactment 
     of this Act and every 5 years thereafter, the director shall 
     publish a 5-year plan that outlines future capabilities and 
     communications platforms for the National Alert System. The 
     plan shall serve as the long-term planning document for the 
     Office.
       (d) GAO Audits.--
       (1) In general.--The Comptroller General shall audit the 
     National Alert Office every 3 years after the date of 
     enactment of this Act and periodically thereafter and 
     transmit the findings thereof to the Senate Committee on 
     Commerce, Science, and Transportation, the Senate Committee 
     on Homeland Security and Governmental Affairs, the House of 
     Representatives Committee on Homeland Security, the House of 
     Representatives Committee on Energy and Commerce, the House 
     of Representatives Committee on Science, and the House of 
     Representatives Committee on Transportation and 
     Infrastructure.
       (2) Response report.--If, as a result of the audit, the 
     Comptroller General expresses concern about any matter 
     addressed by the audit, the director of the National Alert 
     Office shall transmit a report to the Senate Committee on 
     Commerce, Science, and Transportation, the Senate Committee 
     on Homeland Security and Governmental Affairs, the House of 
     Representatives Committee on Homeland Security, the House of 
     Representatives Committee on Energy and Commerce, the House 
     of Representatives Committee on Science, and the House of 
     Representatives Committee on Transportation and 
     Infrastructure describing what action, if any, the director 
     is taking to respond to any such concern.

     SEC. 606. NATIONAL ALERT SYSTEM WORKING GROUP.

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

[[Page S9839]]

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

     SEC. 607. RESEARCH AND DEVELOPMENT.

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

     SEC. 608. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.

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

     SEC. 609. PUBLIC FAMILIARIZATION, OUTREACH, AND RESPONSE 
                   INSTRUCTIONS.

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

     SEC. 610. ESSENTIAL SERVICES DISASTER ASSISTANCE.

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

     ``SEC. 425. ESSENTIAL SERVICE PROVIDERS.

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

     SEC. 611. DEFINITIONS.

       In this title:
       (1) Director.--The term ``director'' means the director of 
     the National Alert Office.
       (2) Office.--The term ``Office'' means the National Alert 
     Office established by section 605.
       (3) National Alert System.--The term ``National Alert 
     System'' means the National Alert System established by 
     section 602.
       (4) NOAA.--The term ``NOAA'' means the National Oceanic and 
     Atmospheric Administration.
       (5) Non-commercial sustaining announcement program.--The 
     term ``Non-Commercial Sustaining Announcement Program'' means 
     a radio and television campaign conducted for the benefit of 
     a nonprofit organization or government agency using unsold 
     commercial air time donated by participating broadcast 
     stations for use in such campaigns, and for which the 
     campaign's sponsoring organization or agency funds the cost 
     of underwriting programs that serve the public convenience, 
     interest, and necessity, as described in section 307 of the 
     Communications Act of 1934 (47 U.S.C. 307).
       (6) Working group.--The term ``Working Group'' means the 
     National Alert System Working Group on the established under 
     section 606.

     SEC. 612. SAVINGS CLAUSE.

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

     SEC. 613. FUNDING.

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

                    TITLE VII--MASS TRANSIT SECURITY

     SEC. 701. SHORT TITLE.

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

     SEC. 702. FINDINGS.

       Congress finds that--
       (1) public transportation systems throughout the world have 
     been a primary target of terrorist attacks, causing countless 
     death and injuries;
       (2) 5,800 public transportation agencies operate in the 
     United States;
       (3) 14,000,000 people in the United States ride public 
     transportation each work day;
       (4) safe and secure public transportation systems are 
     essential for the Nation's economy and for significant 
     national and international public events;
       (5) the Federal Transit Administration has invested 
     $74,900,000,000 since 1992 for construction and improvements 
     to the Nation's public transportation systems;
       (6) the Federal Government appropriately invested 
     $18,100,000,000 in fiscal years 2002

[[Page S9840]]

     through 2005 to protect our Nation's aviation system and its 
     1,800,000 daily passengers;
       (7) the Federal Government has allocated $250,000,000 in 
     fiscal years 2003 through 2005 to protect public 
     transportation systems in the United States;
       (8) the Federal Government has invested $7.38 in aviation 
     security improvements per passenger, but only $0.007 in 
     public transportation security improvements per passenger;
       (9) the Government Accountability Office, the Mineta 
     Institute for Surface Transportation Policy Studies, the 
     American Public Transportation Association, and many 
     transportation experts have reported an urgent need for 
     significant investment in public transportation security 
     improvements; and
       (10) the Federal Government has a duty to deter and 
     mitigate, to the greatest extent practicable, threats against 
     the Nation's public transportation systems.

     SEC. 703. SECURITY ASSESSMENTS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--Not later than 30 days after the date of 
     the enactment of this Act, the Federal Transit Administration 
     of the Department of Transportation shall submit all public 
     transportation security assessments and all other relevant 
     information to the Secretary of Homeland Security.
       (2) Review.--Not later than July 31, 2007, the Secretary of 
     Homeland Security shall review and augment the security 
     assessments received under paragraph (1).
       (3) Allocations.--The Secretary of Homeland Security shall 
     use the security assessments received under paragraph (1) as 
     the basis for allocating grant funds under section 704, 
     unless the Secretary notifies the Committee on Banking, 
     Housing, and Urban Affairs of the Senate that the Secretary 
     has determined that an adjustment is necessary to respond to 
     an urgent threat or other significant factors.
       (4) Security improvement priorities.--Not later than 
     September 30, 2007, the Secretary of Homeland Security, after 
     consultation with the management and employee representatives 
     of each public transportation system for which a security 
     assessment has been received under paragraph (1) and with 
     appropriate State and local officials, shall establish 
     security improvement priorities that will be used by public 
     transportation agencies for any funding provided under 
     section 704.
       (5) Updates.--Not later than July 31, 2008, and annually 
     thereafter, the Secretary of Homeland Security shall--
       (A) update the security assessments referred to in this 
     subsection; and
       (B) conduct security assessments of all public 
     transportation agencies considered to be at greatest risk of 
     a terrorist attack.
       (b) Use of Security Assessment Information.--The Secretary 
     of Homeland Security shall use the information collected 
     under subsection (a)--
       (1) to establish the process for developing security 
     guidelines for public transportation security; and
       (2) to design a security improvement strategy that--
       (A) minimizes terrorist threats to public transportation 
     systems; and
       (B) maximizes the efforts of public transportation systems 
     to mitigate damage from terrorist attacks.
       (c) Bus and Rural Public Transportation Systems.--Not later 
     than July 31, 2007, the Secretary of Homeland Security shall 
     conduct security assessments, appropriate to the size and 
     nature of each system, to determine the specific needs of--
       (1) local bus-only public transportation systems; and
       (2) selected public transportation systems that receive 
     funds under section 5311 of title 49, United States Code.

     SEC. 704. SECURITY ASSISTANCE GRANTS.

       (a) Capital Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable capital security improvements based on the 
     priorities established under section 703(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) tunnel protection systems;
       (B) perimeter protection systems;
       (C) redundant critical operations control systems;
       (D) chemical, biological, radiological, or explosive 
     detection systems;
       (E) surveillance equipment;
       (F) communications equipment;
       (G) emergency response equipment;
       (H) fire suppression and decontamination equipment;
       (I) global positioning or automated vehicle locator type 
     system equipment;
       (J) evacuation improvements; and
       (K) other capital security improvements.
       (b) Operational Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable operational security improvements based on the 
     priorities established under section 703(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) security training for public transportation employees, 
     including bus and rail operators, mechanics, customer 
     service, maintenance employees, transit police, and security 
     personnel;
       (B) live or simulated drills;
       (C) public awareness campaigns for enhanced public 
     transportation security;
       (D) canine patrols for chemical, biological, or explosives 
     detection;
       (E) overtime reimbursement for enhanced security personnel 
     during significant national and international public events, 
     consistent with the priorities established under section 
     703(a)(4); and
       (F) other appropriate security improvements identified 
     under section 703(a)(4), excluding routine, ongoing personnel 
     costs.
       (c) Coordination With State Homeland Security Plans.--In 
     establishing security improvement priorities under section 
     3(a)(4) and in awarding grants for capital security 
     improvements and operational security improvements under 
     subsections (a) and (b), respectively, the Secretary of 
     Homeland Security shall ensure that its actions are 
     consistent with relevant State Homeland Security Plans.
       (d) Multi-State Transportation Systems.--In cases where a 
     public transportation system operates in more than 1 State, 
     the Secretary of Homeland Security shall give appropriate 
     consideration to the risks of the entire system, including 
     those portions of the States into which the system crosses, 
     in establishing security improvement priorities under section 
     3(a)(4), and in awarding grants for capital security 
     improvements and operational security improvements under 
     subsections (a) and (b), respectively.
       (e) Congressional Notification.--Not later than 3 days 
     before the award of any grant under this section, the 
     Secretary of Homeland Security shall notify the Committee on 
     Banking, Housing, and Urban Affairs of the Senate of the 
     intent to award such grant.
       (f) Public Transportation Agency Responsibilities.--Each 
     public transportation agency that receives a grant under this 
     section shall--
       (1) identify a security coordinator to coordinate security 
     improvements;
       (2) develop a comprehensive plan that demonstrates the 
     agency's capacity for operating and maintaining the equipment 
     purchased under this section; and
       (3) report annually to the Department of Homeland Security 
     on the use of grant funds received under this section.
       (g) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified for that grant under 
     this section, the grantee shall return any amount so used to 
     the Treasury of the United States.

     SEC. 705. INTELLIGENCE SHARING.

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

     SEC. 706. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND 
                   CONTRACTS.

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

     SEC. 707. REPORTING REQUIREMENTS.

       (a) Semi-Annual Report to Congress.--
       (1) In general.--Not later than March 31 and September 30 
     each year, the Secretary of Homeland Security shall submit a 
     report, containing the information described in paragraph 
     (2), to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;

[[Page S9841]]

       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Appropriations of the Senate.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the implementation of the provisions 
     of sections 703 through 706;
       (B) the amount of funds appropriated to carry out the 
     provisions of each of sections 703 through 706 that have not 
     been expended or obligated; and
       (C) the state of public transportation security in the 
     United States.
       (b) Annual Report to Governors.--
       (1) In general.--Not later than March 31 each year, the 
     Secretary of Homeland Security shall submit a report to the 
     Governor of each State with a public transportation agency 
     that has received a grant under this title.
       (2) Contents.--The report submitted under paragraph (1) 
     shall specify--
       (A) the amount of grant funds distributed to each such 
     public transportation agency; and
       (B) the use of such grant funds.

     SEC. 708. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Security Assistance Program.--There are 
     authorized to be appropriated $2,370,000,000 for fiscal year 
     2007 to carry out the provisions of section 704(a), which 
     shall remain available until expended.
       (b) Operational Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section 704(b)--
       (1) $534,000,000 for fiscal year 2007;
       (2) $333,000,000 for fiscal year 2008; and
       (3) $133,000,000 for fiscal year 2009.
       (c) Intelligence.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     section 705.
       (d) Research.--There are authorized to be appropriated 
     $130,000,000 for fiscal year 2007 to carry out the provisions 
     of section 706, which shall remain available until expended.

     SEC. 709. SUNSET PROVISION.

       The authority to make grants under this title shall expire 
     on October 1, 2010.

             TITLE VIII--DOMESTIC NUCLEAR DETECTION OFFICE

     SEC. 801. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION OFFICE.

       (a) Establishment of Office.--The Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.) is amended by adding at the end 
     the following:

            ``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

     ``SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.

       ``(a) Establishment.--There shall be established in the 
     Department of Homeland Security a Domestic Nuclear Detection 
     Office. The Secretary of Homeland Security may request that 
     the Secretaries of Defense, Energy, and State, the Attorney 
     General, the Nuclear Regulatory Commission, and the directors 
     of other Federal agencies, including elements of the 
     Intelligence Community, provide for the reimbursable detail 
     of personnel with relevant expertise to the Office.
       ``(b) Director.--The Office shall be headed by a Director 
     for Domestic Nuclear Detection, who shall be appointed by the 
     President.

     ``SEC. 1802. MISSION OF OFFICE.

       ``(a) Mission.--The Office shall be responsible for 
     coordinating Federal efforts to detect and protect against 
     the unauthorized importation, possession, storage, 
     transportation, development, or use of a nuclear explosive 
     device, fissile material, or radiological material in the 
     United States, and to protect against attack using such 
     devices or materials against the people, territory, or 
     interests of the United States and, to this end, shall--
       ``(1) serve as the primary entity in the United States 
     Government to further develop, acquire, and support the 
     deployment of an enhanced domestic system to detect and 
     report on attempts to import, possess, store, transport, 
     develop, or use an unauthorized nuclear explosive device, 
     fissile material, or radiological material in the United 
     States, and improve that system over time;
       ``(2) enhance and coordinate the nuclear detection efforts 
     of Federal, State, local, and tribal governments and the 
     private sector to ensure a managed, coordinated response;
       ``(3) establish, with the approval of the Secretary of 
     Homeland Security and in coordination with the Attorney 
     General and the Secretaries of Defense and Energy, additional 
     protocols and procedures for use within the United States to 
     ensure that the detection of unauthorized nuclear explosive 
     devices, fissile material, or radiological material is 
     promptly reported to the Attorney General, the Secretaries of 
     Defense, Homeland Security, and Energy, and other appropriate 
     officials or their respective designees for appropriate 
     action by law enforcement, military, emergency response, or 
     other authorities;
       ``(4) develop, with the approval of the Secretary of 
     Homeland Security and in coordination with the Attorney 
     General and the Secretaries of State, Defense, and Energy, an 
     enhanced global nuclear detection architecture with 
     implementation under which--
       ``(A) the Domestic Nuclear Detection Office will be 
     responsible for the implementation of the domestic portion of 
     the global architecture;
       ``(B) the Secretary of Defense will retain responsibility 
     for implementation of Department of Defense requirements 
     within and outside the United States; and
       ``(C) the Secretaries of State, Defense, and Energy will 
     maintain their respective responsibilities for policy 
     guidance and implementation of the portion of the global 
     architecture outside the United States, which will be 
     implemented consistent with applicable law and relevant 
     international arrangements;
       ``(5) conduct, support, coordinate, and encourage an 
     aggressive, expedited, evolutionary, and transformational 
     program of research and development efforts to prevent and 
     detect the illicit entry, transport, assembly, or potential 
     use within the United States of a nuclear explosive device or 
     fissile or radiological material;
       ``(6) support and enhance the effective sharing and use of 
     appropriate information generated by the intelligence 
     community, law enforcement agencies, counterterrorism 
     community, other government agencies, and foreign 
     governments, as well as provide appropriate information to 
     such entities;
       ``(7) further enhance and maintain continuous awareness by 
     analyzing information from all Domestic Nuclear Detection 
     Office mission-related detection systems; and
       ``(8) perform other duties as assigned by the Secretary.

     ``SEC. 1803. HIRING AUTHORITY.

       ``In hiring personnel for the Office, the Secretary of 
     Homeland Security shall have the hiring and management 
     authorities provided in section 1101 of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 (5 
     U.S.C. 3104 note; Public Law 105-261). The term of 
     appointments for employees under subsection (c)(1) of that 
     section may not exceed 5 years before granting any extension 
     under subsection (c)(2) of that section.

     ``SEC. 1804. TESTING AUTHORITY.

       ``(a) In General.--The Director shall coordinate with the 
     responsible Federal agency or other entity to facilitate the 
     use by the Office, by its contractors, or by other persons or 
     entities, of existing Government laboratories, centers, 
     ranges, or other testing facilities for the testing of 
     materials, equipment, models, computer software, and other 
     items as may be related to the missions identified in section 
     1802. Any such use of Government facilities shall be carried 
     out in accordance with all applicable laws, regulations, and 
     contractual provisions, including those governing security, 
     safety, and environmental protection, including, when 
     applicable, the provisions of section 309. The Office may 
     direct that private-sector entities utilizing Government 
     facilities in accordance with this section pay an appropriate 
     fee to the agency that owns or operates those facilities to 
     defray additional costs to the Government resulting from such 
     use.
       ``(b) Confidentiality of Test Results.--The results of 
     tests performed with services made available shall be 
     confidential and shall not be disclosed outside the Federal 
     Government without the consent of the persons for whom the 
     tests are performed.
       ``(c) Fees.--Fees for services made available under this 
     section shall not exceed the amount necessary to recoup the 
     direct and indirect costs involved, such as direct costs of 
     utilities, contractor support, and salaries of personnel that 
     are incurred by the United States to provide for the testing.
       ``(d) Use of Fees.--Fees received for services made 
     available under this section may be credited to the 
     appropriation from which funds were expended to provide such 
     services.

     ``SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND 
                   FEDERAL AGENCIES.

       ``The authority of the Director under this title shall not 
     affect the authorities or responsibilities of any officer of 
     the Department of Homeland Security or of any officer of any 
     other Department or agency of the United States with respect 
     to the command, control, or direction of the functions, 
     personnel, funds, assets, and liabilities of any entity 
     within the Department of Homeland Security or any Federal 
     department or agency.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 103(d) of the Homeland Security Act of 2002 (6 
     U.S.C. 113(d)) is amended by adding at the end the following:
       ``(5) A Director of the Domestic Nuclear Detection 
     Office.''.
       (2) Section 302 of such Act (6 U.S.C. 182) is amended--
       (A) in paragraph (2) by striking ``radiological, nuclear''; 
     and
       (B) in paragraph (5)(A) by striking ``radiological, 
     nuclear''.
       (3) Section 305 of such Act (6 U.S.C. 185) is amended by 
     inserting ``and the Director of the Domestic Nuclear 
     Detection Office'' after ``Technology''.
       (4) Section 308 of such Act (6 U.S.C. 188) is amended in 
     each of subsections (a) and (b)(1) by inserting ``and the 
     Director of the Domestic Nuclear Detection Office'' after 
     ``Technology'' each place it appears.
       (5) The table of contents of such Act (6 U.S.C. 101) is 
     amended by adding at the end the following:

            ``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1801. Domestic Nuclear Detection Office.
``Sec. 1802. Mission of office.
``Sec. 1803. Hiring authority.
``Sec. 1804. Testing authority.
``Sec. 1805. Relationship to other department entities and Federal 
              agencies.''.

     SEC. 802. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT 
                   STRATEGY FOR NUCLEAR AND RADIOLOGICAL 
                   DETECTION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     the Secretary of the Department of Energy, the Secretary of 
     Defense, and the Director of National Intelligence shall 
     submit to Congress a research and development investment 
     strategy for nuclear and radiological detection.
       (b) Contents.--The strategy under subsection (a) shall 
     include--

[[Page S9842]]

       (1) a long-term technology roadmap for nuclear and 
     radiological detection applicable to the mission needs of the 
     Departments of Homeland Security, Energy, and Defense, and 
     the Office of the Director of National Intelligence;
       (2) budget requirements necessary to meet the roadmap; and
       (3) documentation of how the Departments of Homeland 
     Security, Energy, and Defense, and the Office of the Director 
     of National Intelligence will implement the intent of this 
     title.

 TITLE IX--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Transportation Security 
     Improvement Act of 2006''.

     SEC. 902. HAZARDOUS MATERIALS HIGHWAY ROUTING.

       (a) Route Plan Guidance.--Within one year after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security, shall--
       (1) document existing and proposed routes for the 
     transportation of radioactive and non-radioactive hazardous 
     materials by motor carrier, and develop a framework for using 
     a Geographic Information System-based approach to 
     characterize routes in the National Hazardous Materials Route 
     Registry;
       (2) assess and characterize existing and proposed routes 
     for the transportation of radioactive and non-radioactive 
     hazardous materials by motor carrier for the purpose of 
     identifying measurable criteria for selecting routes based on 
     safety and security concerns;
       (3) analyze current route-related hazardous materials 
     regulations in the United States, Canada, and Mexico to 
     identify cross-border differences and conflicting 
     regulations;
       (4) document the concerns of the public, motor carriers, 
     and State, local, territorial, and tribal governments about 
     the highway routing of hazardous materials for the purpose of 
     identifying and mitigating security vulnerabilities 
     associated with hazardous material routes;
       (5) prepare guidance materials for State officials to 
     assist them in identifying and reducing both safety concerns 
     and security vulnerabilities when designating highway routes 
     for hazardous materials consistent with the 13 safety-based 
     non-radioactive materials routing criteria and radioactive 
     materials routing criteria in Subpart C part 397 of title 49, 
     Code of Federal Regulations;
       (6) develop a tool that will enable State officials to 
     examine potential routes for the highway transportation of 
     hazardous material and assess specific security 
     vulnerabilities associated with each route and explore 
     alternative mitigation measures; and
       (7) transmit to the Senate Committee on Commerce, Science, 
     and Transportation, and the House of Representatives 
     Committee on Transportation and Infrastructure a report on 
     the actions taken to fulfill paragraphs (1) through (6) of 
     this subsection and any recommended changes to the routing 
     requirements for the highway transportation of hazardous 
     materials in part 397 of title 49, Code of Federal 
     Regulations.
       (b) Route Plans.--
       (1) Assessment.--Within one year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     complete an assessment of the safety and national security 
     benefits achieved under existing requirements for route 
     plans, in written or electronic format, for explosives and 
     radioactive materials. The assessment shall, at a minimum--
       (A) compare the percentage of Department of Transportation 
     recordable incidents and the severity of such incidents for 
     shipments of explosives and radioactive materials for which 
     such route plans are required with the percentage of 
     recordable incidents and the severity of such incidents for 
     shipments of explosives and radioactive materials not subject 
     to such route plans; and
       (B) quantify the security and safety benefits, feasibility, 
     and costs of requiring each motor carrier that is required to 
     have a hazardous material safety permit under part 385 of 
     title 49, Code of Federal Regulations, to maintain, follow, 
     and carry such a route plan that meets the requirements of 
     section 397.101 of that title when transporting the type and 
     quantity of hazardous materials described in section 385.403 
     of that title, taking into account the various segments of 
     the trucking industry, including tank truck, truckload and 
     less than truckload carriers.
       (2) Report.--Within one year after the date of enactment of 
     this Act, the Secretary of Transportation shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation, and the House of Representatives Committee on 
     Transportation and Infrastructure containing the findings and 
     conclusions of the assessment.
       (c) Requirement.--The Secretary shall require motor 
     carriers that have a hazardous material safety permit under 
     part 385 of title 49, Code of Federal Regulations, to 
     maintain, follow, and carry a route plan, in written or 
     electronic format, that meets the requirements of section 
     397.101 of that title when transporting the type and quantity 
     of hazardous materials described in section 385.403 of that 
     title if the Secretary determines, under the assessment 
     required in subsection (b), that such a requirement would 
     enhance the security and safety of the nation without 
     imposing unreasonable costs or burdens upon motor carriers.

     SEC. 903. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications--
       (1) In General.--Consistent with the findings of the 
     Transportation Security Administration's Hazmat Truck 
     Security Pilot Program and within 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     through the Transportation Security Administration and in 
     consultation with the Secretary of Transportation, shall 
     develop a program to encourage the equipping of motor 
     carriers transporting high hazard materials in quantities 
     equal to or greater than the quantities specified in subpart 
     171.800 of title 49, Code of Federal Regulations, with 
     wireless communications technology that provides--
       (A) continuous communications;
       (B) vehicle position location and tracking capabilities; 
     and
       (C) a feature that allows a driver of such vehicles to 
     broadcast an emergency message.
       (2) Considerations.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for motor carrier tracking at the Department of 
     Transportation;
       (B) take into consideration the recommendations and 
     findings of the report on the Hazardous Material Safety and 
     Security Operation Field Test released by the Federal Motor 
     Carrier Safety Administration on November 11, 2004;
       (C) evaluate--
       (i) any new information related to the cost and benefits of 
     deploying and utilizing truck tracking technology for motor 
     carriers transporting high hazard materials not included in 
     the Hazardous Material Safety and Security Operation Field 
     Test Report released by the Federal Motor Carrier Safety 
     Administration on November 11, 2004;
       (ii) the ability of truck tracking technology to resist 
     tampering and disabling;
       (iii) the capability of truck tracking technology to 
     collect, display, and store information regarding the 
     movements of shipments of high hazard materials by commercial 
     motor vehicles;
       (iv) the appropriate range of contact intervals between the 
     tracking technology and a commercial motor vehicle 
     transporting high hazard materials; and
       (v) technology that allows the installation by a motor 
     carrier of concealed electronic devices on commercial motor 
     vehicles that can be activated by law enforcement authorities 
     and alert emergency response resources to locate and recover 
     security sensitive material in the event of loss or theft of 
     such material.
       (b) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this section 
     $3,000,000 for each of fiscal years 2007, 2008, and 2009.

     SEC. 904. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
                   ENFORCEMENT.

       (a) In General.--The Secretary of Homeland Security shall 
     establish a program within the Transportation Security 
     Administration, in consultation with the Secretary of 
     Transportation, for reviewing hazardous materials security 
     plans required under part 172, title 49, Code of Federal 
     Regulations, within 180 days after the date of enactment of 
     this Act. In establishing the program, the Secretary shall 
     ensure that--
       (1) the program does not subject carriers to unnecessarily 
     duplicative reviews of their security plans by the 2 
     departments; and
       (2) a common set of standards is used to review the 
     security plans.
       (b) Civil Penalty.--The failure, by a shipper, carrier, or 
     other person subject to part 172 of title 49, Code of Federal 
     Regulations, to comply with any applicable section of that 
     part within 180 days after being notified by the Secretary of 
     such failure to comply, is punishable by a civil penalty 
     imposed by the Secretary under title 49, United States Code. 
     For purposes of this subsection, each day of noncompliance 
     after the 181st day following the date on which the shipper, 
     carrier, or other person received notice of the failure shall 
     constitute a separate failure.
       (c) Compliance Review.--In reviewing the compliance of 
     hazardous materials shippers, carriers, or other persons 
     subject to part 172 of title 49, Code of Federal Regulations, 
     with the provisions of that part, the Secretary shall utilize 
     risk assessment methodologies to prioritize review and 
     enforcement actions to the most vulnerable and critical 
     hazardous materials transportation operations.
       (d) Transportation Costs Study.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in conjunction with the Secretary of Homeland 
     Security, shall study to what extent the insurance, security, 
     and safety costs borne by railroad carriers, motor carriers, 
     pipeline carriers, air carriers, and maritime carriers 
     associated with the transportation of hazardous materials are 
     reflected in the rates paid by shippers of such commodities 
     as compared to the costs and rates respectively for the 
     transportation of non-hazardous materials.
       (e) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (1) $2,000,000 for fiscal year 2007;
       (2) $2,000,000 for fiscal year 2008; and
       (3) $2,000,000 for fiscal year 2009.

     SEC. 905. TRUCK SECURITY ASSESSMENT.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Transportation shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation, 
     Senate Committee on Finance, the House of Representatives 
     Committee on Transportation and Infrastructure, the House of 
     Representatives Committee on Homeland Security, and the House 
     of Representatives Committe on Ways and Means, a report on 
     security issues related to the trucking industry that 
     includes--
       (1) an assessment of actions already taken to address 
     identified security issues by both public and private 
     entities;
       (2) an assessment of the economic impact that security 
     upgrades of trucks, truck equipment, or truck facilities may 
     have on the trucking industry and its employees, including 
     independent owner-operators;

[[Page S9843]]

       (3) an assessment of ongoing research and the need for 
     additional research on truck security; and
       (4) an assessment of industry best practices to enhance 
     security.

     SEC. 906. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

       (a) Development.--The Secretary of Homeland Security, in 
     conjunction with the Secretary of Transportation, shall 
     consider the development of a national public sector response 
     system to receive security alerts, emergency messages, and 
     other information used to track the transportation of high 
     hazard materials which can provide accurate, timely, and 
     actionable information to appropriate first responder, law 
     enforcement and public safety, and homeland security 
     officials, as appropriate, regarding accidents, threats, 
     thefts, or other safety and security risks or incidents. In 
     considering the development of this system, they shall 
     consult with law enforcement and public safety officials, 
     hazardous material shippers, motor carriers, railroads, 
     organizations representing hazardous material employees, 
     State transportation and hazardous materials officials, 
     private for-profit and non-profit emergency response 
     organizations, and commercial motor vehicle and hazardous 
     material safety groups. Consideration of development of the 
     national public sector response system shall be based upon 
     the public sector response center developed for the 
     Transportation Security Administration hazardous material 
     truck security pilot program and hazardous material safety 
     and security operational field test undertaken by the Federal 
     Motor Carrier Safety Administration.
       (b) Capability.--The national public sector response system 
     to be considered shall be able to receive, as appropriate--
       (1) negative driver verification alerts;
       (2) out-of-route alerts;
       (3) driver panic or emergency alerts; and
       (4) tampering or release alerts.
       (c) Characteristics.--The national public sector response 
     system to be considered shall--
       (1) be an exception-based system;
       (2) be integrated with other private and public sector 
     operation reporting and response systems and all Federal 
     homeland security threat analysis systems or centers 
     (including the National Response Center); and
       (3) provide users the ability to create rules for alert 
     notification messages.
       (d) Carrier Participation.--The Secretary of Homeland 
     Security shall coordinate with motor carriers and railroads 
     transporting high hazard materials, entities acting on their 
     behalf who receive communication alerts from motor carriers 
     or railroads, or other Federal agencies that receive security 
     and emergency related notification regarding high hazard 
     materials in transit to facilitate the provisions of the 
     information listed in subsection (b) to the national public 
     sector response system to the extent possible if the system 
     is established.
       (e) Data Privacy.--The national public sector response 
     system shall be designed to ensure appropriate protection of 
     data and information relating to motor carriers, railroads, 
     and employees.
       (f) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report on whether to establish a national 
     public sector response system and the estimated total public 
     and private sector costs to establish and annually operate 
     such a system, together with any recommendations for 
     generating private sector participation and investment in the 
     development and operation of such a system.
       (g) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (1) $1,000,000 for fiscal year 2007;
       (2) $1,000,000 for fiscal year 2008; and
       (3) $1,000,000 for fiscal year 2009.

     SEC. 907. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

       (a) In General.--The Secretary of Homeland Security shall 
     establish a program within the Transportation Security 
     Administration for making grants to private operators of 
     over-the-road buses or over-the-road bus terminal operators 
     for system-wide security improvements to their operations, 
     including--
       (1) constructing and modifying terminals, garages, 
     facilities, or over-the-road buses to assure their security;
       (2) protecting or isolating the driver;
       (3) acquiring, upgrading, installing, or operating 
     equipment, software, or accessorial services for collection, 
     storage, or exchange of passenger and driver information 
     through ticketing systems or otherwise, and information links 
     with government agencies;
       (4) training employees in recognizing and responding to 
     security threats, evacuation procedures, passenger screening 
     procedures, and baggage inspection;
       (5) hiring and training security officers;
       (6) installing cameras and video surveillance equipment on 
     over-the-road buses and at terminals, garages, and over-the-
     road bus facilities;
       (7) creating a program for employee identification or 
     background investigation;
       (8) establishing and upgrading an emergency communications 
     system linking operational headquarters, over-the-road buses, 
     law enforcement, and emergency personnel; and
       (9) implementing and operating passenger screening programs 
     at terminals and on over-the-road buses.
       (b) Federal Share.--The Federal share of the cost for which 
     any grant is made under this section shall be 80 percent.
       (c) Due Consideration.--In making grants under this 
     section, the Secretary shall give due consideration to 
     private operators of over-the-road buses that have taken 
     measures to enhance bus transportation security from those in 
     effect before September 11, 2001, and shall prioritize grant 
     funding based on the magnitude and severity of the security 
     threat to bus passengers and the ability of the funded 
     project to reduce, or respond to, that threat.
       (d) Grant Requirements.--A grant under this section shall 
     be subject to all the terms and conditions that a grant is 
     subject to under section 3038(f) of the Transportation Equity 
     Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 
     393).
       (e) Plan Requirement.--
       (1) In general.--The Secretary may not make a grant under 
     this section to a private operator of over-the-road buses 
     until the operator has first submitted to the Secretary--
       (A) a plan for making security improvements described in 
     subsection (a) and the Secretary has approved the plan; and
       (B) such additional information as the Secretary may 
     require to ensure accountability for the obligation and 
     expenditure of amounts made available to the operator under 
     the grant.
       (2) Coordination.--To the extent that an application for a 
     grant under this section proposes security improvements 
     within a specific terminal owned and operated by an entity 
     other than the applicant, the applicant shall demonstrate to 
     the satisfaction of the Secretary that the applicant has 
     coordinated the security improvements for the terminal with 
     that entity.
       (f) Over-the-Road Bus Defined.--In this section, the term 
     ``over-the-road bus'' means a bus characterized by an 
     elevated passenger deck located over a baggage compartment.
       (g) Bus Security Assessment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a preliminary report in accordance with the 
     requirements of this section.
       (2) Contents of preliminary report.--The preliminary report 
     shall include--
       (A) an assessment of the over-the-road bus security grant 
     program;
       (B) an assessment of actions already taken to address 
     identified security issues by both public and private 
     entities and recommendations on whether additional safety and 
     security enforcement actions are needed;
       (C) an assessment of whether additional legislation is 
     needed to provide for the security of Americans traveling on 
     over-the-road buses;
       (D) an assessment of the economic impact that security 
     upgrades of buses and bus facilities may have on the over-
     the-road bus transportation industry and its employees;
       (E) an assessment of ongoing research and the need for 
     additional research on over-the-road bus security, including 
     engine shut-off mechanisms, chemical and biological weapon 
     detection technology, and the feasibility of 
     compartmentalization of the driver; and
       (F) an assessment of industry best practices to enhance 
     security.
       (3) Consultation with industry, labor, and other groups.--
     In carrying out this section, the Secretary shall consult 
     with over-the-road bus management and labor representatives, 
     public safety and law enforcement officials, and the National 
     Academy of Sciences.
       (h) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (1) $12,000,000 for fiscal year 2007;
       (2) $25,000,000 for fiscal year 2008; and
       (3) $25,000,000 for fiscal year 2009.
     Amounts made available pursuant to this subsection shall 
     remain available until expended.

     SEC. 908. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation and the 
     Pipeline and Hazardous Materials Safety Administration, and 
     in accordance with the Memorandum of Understanding Annex 
     executed under section 909, shall develop a Pipeline Security 
     and Incident Recovery Protocols Plan. The plan shall 
     include--
       (1) a plan for the Federal Government to provide increased 
     security support to the most critical interstate and 
     intrastate natural gas and hazardous liquid transmission 
     pipeline infrastructure and operations as determined under 
     section 909--
       (A) at high or severe security threat levels of alert; and
       (B) when specific security threat information relating to 
     such pipeline infrastructure or operations exists; and
       (2) an incident recovery protocol plan, developed in 
     conjunction with interstate and intrastate transmission and 
     distribution pipeline operators and terminals and facilities 
     operators connected to pipelines, to develop protocols to 
     ensure the continued transportation of natural gas and 
     hazardous liquids to essential markets and for essential 
     public health or national defense uses in the event of an 
     incident affecting the interstate and intrastate natural gas 
     and hazardous liquid transmission and distribution pipeline 
     system, which shall include protocols for granting access to 
     pipeline operators for pipeline infrastructure repair, 
     replacement or bypass following an incident.
       (b) Existing Private and Public Sector Efforts.--The plan 
     shall take into account actions taken or planned by both 
     private and public entities to address identified pipeline 
     security issues and assess the effective integration of such 
     actions.
       (c) Consultation.--In developing the plan under subsection 
     (a), the Secretary of Homeland Security shall consult with 
     the Secretary of Transportation, interstate and intrastate 
     transmission and distribution pipeline operators,

[[Page S9844]]

     pipeline labor, first responders, shippers of hazardous 
     materials, State Departments of Transportation, public safety 
     officials, and other relevant parties.
       (d) Report.--
       (1) Contents.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Homeland 
     Security of the House of Representatives, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report containing the plan required by 
     subsection (a), along with an estimate of the private and 
     public sector costs to implement any recommendations.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (e) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this section 
     $1,000,000 for fiscal year 2007.

     SEC. 909. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

       (a) In General.--Within 1 year after the date of enactment 
     of this Act the Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall 
     establish a program for reviewing pipeline operator adoption 
     of recommendations in the September, 5, 2002, Department of 
     Transportation Research and Special Programs Administration 
     Pipeline Security Information Circular, including the review 
     of pipeline security plans and critical facility inspections.
       (b) Review and Inspection.--Within 9 months after the date 
     of enactment of this Act the Secretary shall complete a 
     review of the pipeline security plan and an inspection of the 
     critical facilities of the 100 most critical pipeline 
     operators covered by the September, 5, 2002, circular, where 
     such facilities have not been inspected for security purposes 
     since September 5, 2002, by either the Department of Homeland 
     Security or the Department of Transportation, as determined 
     by the Secretary in consultation with the Secretary of 
     Transportation.
       (c) Compliance Review Methodology.--In reviewing pipeline 
     operator compliance under subsections (a) and (b), the 
     Secretary shall utilize risk assessment methodologies to 
     prioritize vulnerabilities and to target inspection and 
     enforcement actions to the most vulnerable and critical 
     pipeline assets.
       (d) Regulations.--Within 1 year after the date of enactment 
     of this Act, the Secretary shall transmit to pipeline 
     operators and the Secretary of Transportation security 
     recommendations for natural gas and hazardous liquid 
     pipelines and pipeline facilities. If the Secretary of 
     Homeland Security determines that regulations are 
     appropriate, the Secretary shall promulgate such regulations 
     and carry out necessary inspection and enforcement actions. 
     Any regulations should incorporate the guidance provided to 
     pipeline operators by the September 5, 2002, Department of 
     Transportation Research and Special Programs Administration's 
     Pipeline Security Information Circular and contain additional 
     requirements as necessary based upon the results of the 
     inspections performed under subsection (b). The regulations 
     shall include the imposition of civil penalties for non-
     compliance.
       (e) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (1) $2,000,000 for fiscal year 2007; and
       (2) $2,000,000 for fiscal year 2008.

     SEC. 910. TECHNICAL CORRECTIONS.

       (a) Hazmat Licenses.--Section 5103a of title 49, United 
     States Code, is amended--
       (1) by inserting ``of Homeland Security'' each place it 
     appears in subsections (a)(1), (d)(1)(b), and (e); and
       (2) by redesignating subsection (h) as subsection (i) and 
     inserting the following after subsection (g):
       ``(h) Relationship to Transportation Security Cards.--Upon 
     application, a State shall issue to an individual a license 
     to operate a motor vehicle transporting in commerce a 
     hazardous material without the security assessment required 
     by this section, provided the individual meets all other 
     applicable requirements for such a license, if the Secretary 
     of Homeland Security has previously determined, under section 
     70105 of title 46, United States Code, that the individual 
     does not pose a security risk.''.

       TITLE X--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``IP-Enabled Voice 
     Communications and Public Safety Act of 2006''.

     SEC. 1002. EMERGENCY SERVICE.

       (a) Access to 911 Components.--Within 90 days after the 
     date of enactment of this Act, the Commission shall issue 
     regulations regarding access by IP-enabled voice service 
     providers to 911 components that permit any IP-enabled voice 
     service provider to elect to be treated as a commercial 
     mobile service provider for the purpose of access to any 911 
     component, except that the regulations issued under this 
     subsection may take into account any technical or network 
     security issues that are specific to IP-enabled voice 
     services.
       (b) State Authority Over Fees.--Nothing in this title, the 
     Communications Act of 1934, or any Commission regulation or 
     order shall prevent the imposition on, or collection from, a 
     provider of IP-enabled voice services of any fee or charge 
     specifically designated by a State, political subdivision 
     thereof, or Indian tribe for the support of 911 or E-911 
     services if that fee or charge--
       (1) does not exceed the amount of any such fee or charge 
     imposed on or collected from a provider of telecommunications 
     services; and
       (2) is obligated or expended in support of 911 and E-911 
     services, or enhancements of such services, or other 
     emergency communications services as specified in the 
     provision of State or local law adopting the fee or charge.
       (c) Parity of Protection for Provision or Use of IP-Enabled 
     Voice Service.--A provider or user of IP-enabled voice 
     services, a PSAP, and the officers, directors, employees, 
     vendors, agents, and authorizing government entity (if any) 
     of such provider, user, or PSAP, shall have the same scope 
     and extent of immunity and other protection from liability 
     under Federal and State law with respect to--
       (1) the release of subscriber information related to 
     emergency calls or emergency services,
       (2) the use or provision of 911 and E-911 services, and
       (3) other matters related to 911 and E-911 services,
     as section 4 of the Wireless Communications and Public Safety 
     Act of 1999 (47 U.S.C. 615a) provides to wireless carriers, 
     PSAPs, and users of wireless 9-1-1 service (as defined in 
     paragraphs (4), (3), and (6), respectively, of section 6 of 
     that Act (47 U.S.C. 615b)) with respect to such release, use, 
     and other matters.
       (d) Limitation on Commission.--Nothing in this section 
     shall be construed to permit the Commission to issue 
     regulations that require or impose a specific technology or 
     technological standard.

     SEC. 1003. ENFORCEMENT.

       The Commission shall enforce this title, and any regulation 
     promulgated under this title, under the Communications Act of 
     1934 (47 U.S.C. 151 et seq.) as if this title were a part of 
     that Act. For purposes of this section any violation of this 
     title, or any regulation promulgated under this title, is 
     deemed to be a violation of the Communications Act of 1934.

     SEC. 1004. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

       (a) In General.--Section 158 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (2) by inserting after subsection (c) the following:
       ``(d) Migration Plan Required.--
       ``(1) National plan required.--No more than 18 months after 
     the date of the enactment of the IP-Enabled Voice 
     Communications and Public Safety Act of 2005, the Office 
     shall develop and report to Congress on a national plan for 
     migrating to a national IP-enabled emergency network capable 
     of receiving and responding to all citizen activated 
     emergency communications.
       ``(2) Contents of plan.--The plan required by paragraph (1) 
     shall--
       ``(A) outline the potential benefits of such a migration;
       ``(B) identify barriers that must be overcome and funding 
     mechanisms to address those barriers;
       ``(C) include a proposed timetable, an outline of costs and 
     potential savings;
       ``(D) provide specific legislative language, if necessary, 
     for achieving the plan;
       ``(E) provide recommendations on any legislative changes, 
     including updating definitions, to facilitate a national IP-
     enabled emergency network; and
       ``(F) assess, collect, and analyze the experiences of the 
     PSAPs and related public safety authorities who are 
     conducting trial deployments of IP-enabled emergency networks 
     as of the date of enactment of the IP-Enabled Voice 
     Communications and Public Safety Act of 2005.
       ``(3) Consultation.--In developing the plan required by 
     paragraph (1), the Office shall consult with representatives 
     of the public safety community, technology and 
     telecommunications providers, and others it deems 
     appropriate.''; and
       (3) by striking ``services.'' in subsection (b)(1) and 
     inserting ``services, and, upon completion of development of 
     the national plan for migrating to a national IP-enabled 
     emergency network under subsection (d), for migration to an 
     IP-enabled emergency network.''.
       (b) Report on PSAPs.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall--
       (A) compile a list of all known public safety answering 
     points, including such contact information regarding public 
     safety answering points as the Commission determines 
     appropriate;
       (B) organize such list by county, town, township, parish, 
     village, hamlet, or other general purpose political 
     subdivision of a State; and
       (C) make available from such list--
       (i) to the public, on the Internet website of the 
     Commission--

       (I) the 10 digit telephone number of those public safety 
     answering points appearing on such list; and
       (II) a statement explicitly warning the public that such 
     telephone numbers are not intended for emergency purposes and 
     as such may not be answered at all times; and

       (ii) to public safety answering points all contact 
     information compiled by the Commission.
       (2) Continuing duty.--The Commission shall continue--
       (A) to update the list made available to the public 
     described in paragraph (1)(C); and
       (B) to improve for the benefit of the public the 
     accessibility, use, and organization of such list.
       (3) Psaps required to comply.--Each public safety answering 
     point shall provide all requested contact information to the 
     Commission as requested.
       (c) Report on Selective Routers.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall--

[[Page S9845]]

       (A) compile a list of selective routers, including the 
     contact information of the owners of such routers;
       (B) organize such list by county, town, township, parish, 
     village, hamlet, or other general purpose political 
     subdivision of a State; and
       (C) make such list available to providers of 
     telecommunications service and to providers of IP-enabled 
     voice service who are seeking to provide E-911 service to 
     their subscribers.

     SEC. 1005. DEFINITIONS.

       (a) In General.--For purposes of this title:
       (1) 911.--The term ``911'' means a service that allows a 
     user, by dialing the three-digit code 911, to call a public 
     safety answering point operated by a State, local government, 
     Indian tribe, or authorized entity.
       (2) 911 component.--The term ``911 component'' means any 
     equipment, network, databases (including automatic location 
     information databases and master street address guides), 
     interface, selective router, trunkline, or other related 
     facility necessary for the delivery and completion of 911 or 
     E-911 calls and information related to such calls to which 
     the Commission requires access pursuant to its rules and 
     regulations.
       (3) E-911 service.--The term ``E-911 service'' means a 911 
     service that automatically delivers the 911 call to the 
     appropriate public safety answering point, and provides 
     automatic identification data, including the originating 
     number of an emergency call, the physical location of the 
     caller, and the capability for the public safety answering 
     point to call the user back if the call is disconnected.
       (4) IP-enabled voice service.--The term ``IP-enabled voice 
     service'' means the provision of real-time 2-way voice 
     communications offered to the public, or such classes of 
     users as to be effectively available to the public, 
     transmitted through customer premises equipment using TCP/IP 
     protocol, or a successor protocol, for a fee (whether part of 
     a bundle of services or separately, or without a fee) with 2-
     way interconnection capability such that the service can 
     originate traffic to, and terminate traffic from, the public 
     switched telephone network.
       (5) PSAP.--The term ``public safety answering point'' or 
     ``PSAP'' means a facility that has been designated to receive 
     911 or E-911 calls.
       (b) Common Terminology.--Except as otherwise provided in 
     subsection (a), terms used in this title have the meanings 
     provided under section 3 of the Communications Act of 1934.

                        TITLE XI--OTHER MATTERS

     SEC. 1101. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

       (a) In General.--Notwithstanding any provision of law to 
     the contrary, any statutory limitation on the number of 
     employees in the Transportation Security Administration, 
     before or after its transfer to the Department of Homeland 
     Security from the Department of Transportation, does not 
     apply after the date of enactment of this Act.
       (b) Aviation Security.--Notwithstanding any provision of 
     law imposing a limitation on the recruiting or hiring of 
     personnel into the Transportation Security Administration to 
     a maximum number of permanent positions, the Secretary of 
     Homeland Security shall recruit and hire such personnel into 
     the Administration as may be necessary--
       (1) to provide appropriate levels of aviation security; and
       (2) to accomplish that goal in such a manner that the 
     average aviation security-related delay experienced by 
     airline passengers is reduced to a level of less than 10 
     minutes.

     SEC. 1102. RURAL POLICING INSTITUTE.

       (a) In General.--There is established a Rural Policing 
     Institute, which shall be administered by the Office of State 
     and Local Training of the Federal Law Enforcement Training 
     Center (based in Glynco, Georgia), to--
       (1) evaluate the needs of law enforcement agencies of units 
     of local government and tribal governments located in rural 
     areas;
       (2) develop expert training programs designed to address 
     the needs of rural law enforcement agencies regarding 
     combating methamphetamine addiction and distribution, 
     domestic violence, law enforcement response related to school 
     shootings, and other topics identified in the evaluation 
     conducted under paragraph (1);
       (3) provide the training programs described in paragraph 
     (2) to law enforcement agencies of units of local government 
     and tribal governments located in rural areas; and
       (4) conduct outreach efforts to ensure that training 
     programs under the Rural Policing Institute reach law 
     enforcement officers of units of local government and tribal 
     governments located in rural areas.
       (b) Curricula.--The training at the Rural Policing 
     Institute established under subsection (a) shall be 
     configured in a manner so as to not duplicate or displace any 
     law enforcement program of the Federal Law Enforcement 
     Training Center in existence on the date of enactment of this 
     Act.
       (c) Definition.--In this section, the term ``rural'' means 
     area that is not located in a metropolitan statistical area, 
     as defined by the Office of Management and Budget.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section (including for 
     contracts, staff, and equipment)--
       (1) $10,000,000 for fiscal year 2007; and
       (2) $5,000,000 for each of fiscal years 2008 through 2012.

     SEC. 1103. EVACUATION IN EMERGENCIES.

       (a) Purpose.--The purpose of this section is to ensure the 
     preparation of communities for future natural, accidental, or 
     deliberate disasters by ensuring that the States prepare for 
     the evacuation of individuals with special needs.
       (b) Evacuation Plans for Individuals With Special Needs.--
     The Secretary, acting through the Federal Emergency 
     Management Agency, shall take appropriate actions to ensure 
     that each State, as that term is defined in section 2(14) of 
     the Homeland Security Act of 2002 (6 U.S.C. 101(14)), 
     requires appropriate State and local government officials to 
     develop detailed and comprehensive pre-disaster and post-
     disaster plans for the evacuation of individuals with special 
     needs, including the elderly, disabled individuals, low-
     income individuals and families, the homeless, and 
     individuals who do not speak English, in emergencies that 
     would warrant their evacuation, including plans for the 
     provision of food, water, and shelter for evacuees.
       (c) Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report setting forth, for each State, the status and key 
     elements of the plans to evacuate individuals with special 
     needs in emergencies that would warrant their evacuation.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include a discussion of--
       (A) whether the States have the resources necessary to 
     implement fully their evacuation plans; and
       (B) the manner in which the plans of the States are 
     integrated with the response plans of the Federal Government 
     for emergencies that would require the evacuation of 
     individuals with special needs.

     SEC. 1104. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.

       (a) Protection of Health and Safety of Individuals in a 
     Disaster Area.--Title IV of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) 
     is amended by inserting after section 408 the following:

     ``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN 
                   A DISASTER AREA.

       ``(a) Definitions.--In this section:
       ``(1) Certified monitoring program.--The term `certified 
     monitoring program' means a medical monitoring program--
       ``(A) in which a participating responder is a participant 
     as a condition of the employment of such participating 
     responder; and
       ``(B) that the Secretary of Health and Human Services 
     certifies includes an adequate baseline medical screening.
       ``(2) High exposure level.--The term `high exposure level' 
     means a level of exposure to a substance of concern that is 
     for such a duration, or of such a magnitude, that adverse 
     effects on human health can be reasonably expected to occur, 
     as determined by the President in accordance with human 
     monitoring or environmental or other appropriate indicators.
       ``(3) Individual.--The term `individual' includes--
       ``(A) a worker or volunteer who responds to a disaster, 
     either natural or manmade, involving any mode of 
     transportation in the United States or disrupting the 
     transportation system of the United States, including--
       ``(i) a police officer;
       ``(ii) a firefighter;
       ``(iii) an emergency medical technician;
       ``(iv) any participating member of an urban search and 
     rescue team; and
       ``(v) any other relief or rescue worker or volunteer that 
     the President determines to be appropriate;
       ``(B) a worker who responds to a disaster, either natural 
     or manmade, involving any mode of transportation in the 
     United States or disrupting the transportation system of the 
     United States, by assisting in the cleanup or restoration of 
     critical infrastructure in and around a disaster area;
       ``(C) a person whose place of residence is in a disaster 
     area, caused by either a natural or manmade disaster 
     involving any mode of transportation in the United States or 
     disrupting the transportation system of the United States;
       ``(D) a person who is employed in or attends school, child 
     care, or adult day care in a building located in a disaster 
     area, caused by either a natural or manmade disaster 
     involving any mode of transportation in the United States or 
     disrupting the transportation system of the United States, of 
     the United States; and
       ``(E) any other person that the President determines to be 
     appropriate.
       ``(4) Participating responder.--The term `participating 
     responder' means an individual described in paragraph (3)(A).
       ``(5) Program.--The term `program' means a program 
     described in subsection (b) that is carried out for a 
     disaster area.
       ``(6) Substance of concern.--The term `substance of 
     concern' means a chemical or other substance that is 
     associated with potential acute or chronic human health 
     effects, the risk of exposure to which could potentially be 
     increased as the result of a disaster, as determined by the 
     President, in coordination with ATSDR and EPA, CDC, NIH, 
     FEMA, OSHA, and other agencies.
       ``(b) Program.--
       ``(1) In general.--If the President determines that 1 or 
     more substances of concern are being, or have been, released 
     in an area declared to be a disaster area under this Act and 
     disrupts the transportation system of the United States, the 
     President may carry out a program for the coordination and 
     protection, assessment, monitoring, and study of the health 
     and safety of individuals with high exposure levels to ensure 
     that--
       ``(A) the individuals are adequately informed about and 
     protected against potential health impacts of any substance 
     of concern and potential mental health impacts in a timely 
     manner;
       ``(B) the individuals are monitored and studied over time, 
     including through baseline and followup clinical health 
     examinations, for--
       ``(i) any short- and long-term health impacts of any 
     substance of concern; and

[[Page S9846]]

       ``(ii) any mental health impacts;
       ``(C) the individuals receive health care referrals as 
     needed and appropriate; and
       ``(D) information from any such monitoring and studies is 
     used to prevent or protect against similar health impacts 
     from future disasters.
       ``(2) Activities.--A program under paragraph (1) may 
     include such activities as--
       ``(A) collecting and analyzing environmental exposure data;
       ``(B) developing and disseminating information and 
     educational materials;
       ``(C) performing baseline and followup clinical health and 
     mental health examinations and taking biological samples;
       ``(D) establishing and maintaining an exposure registry;
       ``(E) studying the short- and long-term human health 
     impacts of any exposures through epidemiological and other 
     health studies; and
       ``(F) providing assistance to individuals in determining 
     eligibility for health coverage and identifying appropriate 
     health services.
       ``(3) Timing.--To the maximum extent practicable, 
     activities under any program carried out under paragraph (1) 
     (including baseline health examinations) shall be commenced 
     in a timely manner that will ensure the highest level of 
     public health protection and effective monitoring.
       ``(4) Participation in registries and studies.--
       ``(A) In general.--Participation in any registry or study 
     that is part of a program carried out under paragraph (1) 
     shall be voluntary.
       ``(B) Protection of privacy.--The President shall take 
     appropriate measures to protect the privacy of any 
     participant in a registry or study described in subparagraph 
     (A).
       ``(C) Priority.--
       ``(i) In general.--Except as provided in clause (ii), the 
     President shall give priority in any registry or study 
     described in subparagraph (A) to the protection, monitoring 
     and study of the health and safety of individuals with the 
     highest level of exposure to a substance of concern.
       ``(ii) Modifications.--Notwithstanding clause (i), the 
     President may modify the priority of a registry or study 
     described in subparagraph (A), if the President determines 
     such modification to be appropriate.
       ``(5) Cooperative agreements.--
       ``(A) In general.--The President may carry out a program 
     under paragraph (1) through a cooperative agreement with a 
     medical institution, including a local health department, or 
     a consortium of medical institutions.
       ``(B) Selection criteria.--To the maximum extent 
     practicable, the President shall select, to carry out a 
     program under paragraph (1), a medical institution or a 
     consortium of medical institutions that--
       ``(i) is located near--

       ``(I) the disaster area with respect to which the program 
     is carried out; and
       ``(II) any other area in which there reside groups of 
     individuals that worked or volunteered in response to the 
     disaster; and

       ``(ii) has appropriate experience in the areas of 
     environmental or occupational health, toxicology, and safety, 
     including experience in--

       ``(I) developing clinical protocols and conducting clinical 
     health examinations, including mental health assessments;
       ``(II) conducting long-term health monitoring and 
     epidemiological studies;
       ``(III) conducting long-term mental health studies; and
       ``(IV) establishing and maintaining medical surveillance 
     programs and environmental exposure or disease registries.

       ``(6) Involvement.--
       ``(A) In general.--In carrying out a program under 
     paragraph (1), the President shall involve interested and 
     affected parties, as appropriate, including representatives 
     of--
       ``(i) Federal, State, and local government agencies;
       ``(ii) groups of individuals that worked or volunteered in 
     response to the disaster in the disaster area;
       ``(iii) local residents, businesses, and schools (including 
     parents and teachers);
       ``(iv) health care providers;
       ``(v) faith based organizations; and
       ``(vi) other organizations and persons.
       ``(B) Committees.--Involvement under subparagraph (A) may 
     be provided through the establishment of an advisory or 
     oversight committee or board.
       ``(7) Privacy.--The President shall carry out each program 
     under paragraph (1) in accordance with regulations relating 
     to privacy promulgated under section 264(c) of the Health 
     Insurance Portability and Accountability Act of 1996 (42 
     U.S.C. 1320d-2 note; Public Law 104-191).
       ``(8) Existing programs.--In carrying out a program under 
     paragraph (1), the President may--
       ``(A) include the baseline clinical health examination of a 
     participating responder under a certified monitoring 
     programs; and
       ``(B) substitute the baseline clinical health examination 
     of a participating responder under a certified monitoring 
     program for a baseline clinical health examination under 
     paragraph (1).
       ``(c) Reports.--Not later than 1 year after the 
     establishment of a program under subsection (b)(1), and every 
     5 years thereafter, the President, or the medical institution 
     or consortium of such institutions having entered into a 
     cooperative agreement under subsection (b)(5), may submit a 
     report to the Secretary of Homeland Security, the Secretary 
     of Health and Human Services, the Secretary of Labor, the 
     Administrator of the Environmental Protection Agency, and 
     appropriate committees of Congress describing the programs 
     and studies carried out under the program.''.
       (b) National Academy of Sciences Report on Disaster Area 
     Health and Environmental Protection and Monitoring.--
       (1) In general.--The Secretary, the Secretary of Health and 
     Human Services, and the Administrator of the Environmental 
     Protection Agency shall jointly enter into a contract with 
     the National Academy of Sciences to conduct a study and 
     prepare a report on disaster area health and environmental 
     protection and monitoring.
       (2) Participation of experts.--The report under paragraph 
     (1) shall be prepared with the participation of individuals 
     who have expertise in--
       (A) environmental health, safety, and medicine;
       (B) occupational health, safety, and medicine;
       (C) clinical medicine, including pediatrics;
       (D) environmental toxicology;
       (E) epidemiology;
       (F) mental health;
       (G) medical monitoring and surveillance;
       (H) environmental monitoring and surveillance;
       (I) environmental and industrial hygiene;
       (J) emergency planning and preparedness;
       (K) public outreach and education;
       (L) State and local health departments;
       (M) State and local environmental protection departments;
       (N) functions of workers that respond to disasters, 
     including first responders;
       (O) public health; and
       (P) family services, such as counseling and other disaster-
     related services provided to families.
       (3) Contents.--The report under paragraph (1) shall provide 
     advice and recommendations regarding protecting and 
     monitoring the health and safety of individuals potentially 
     exposed to any chemical or other substance associated with 
     potential acute or chronic human health effects as the result 
     of a disaster, including advice and recommendations 
     regarding--
       (A) the establishment of protocols for monitoring and 
     responding to chemical or substance releases in a disaster 
     area to protect public health and safety, including--
       (i) chemicals or other substances for which samples should 
     be collected in the event of a disaster, including a 
     terrorist attack;
       (ii) chemical- or substance-specific methods of sample 
     collection, including sampling methodologies and locations;
       (iii) chemical- or substance-specific methods of sample 
     analysis;
       (iv) health-based threshold levels to be used and response 
     actions to be taken in the event that thresholds are exceeded 
     for individual chemicals or other substances;
       (v) procedures for providing monitoring results to--

       (I) appropriate Federal, State, and local government 
     agencies;
       (II) appropriate response personnel; and
       (III) the public;

       (vi) responsibilities of Federal, State, and local agencies 
     for--

       (I) collecting and analyzing samples;
       (II) reporting results; and
       (III) taking appropriate response actions; and

       (vii) capabilities and capacity within the Federal 
     Government to conduct appropriate environmental monitoring 
     and response in the event of a disaster, including a 
     terrorist attack; and
       (B) other issues specified by the Secretary, the Secretary 
     of Health and Human Services, and the Administrator of the 
     Environmental Protection Agency.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subsection.

     SEC. 1105. PILOT PROGRAM TO EXTEND CERTAIN COMMERCIAL 
                   OPERATIONS.

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

     SEC. 1106. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AIRPORTS.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Assistant Secretary for the 
     Transportation Security Administration shall submit to 
     Congress a security plan for Essential Air Service airports 
     in the United States.
       (b) Elements of Plan.--The security plan required by 
     subsection (a) shall include the following:
       (1) Recommendations for improved security measures at such 
     airports.
       (2) Recommendations for proper passenger and cargo security 
     screening procedures at such airports.
       (3) A timeline for implementation of recommended security 
     measures or procedures at such airports.
       (4) Cost analysis for implementation of recommended 
     security measures or procedures at such airports.

     SEC. 1107. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS.

       (a) Definitions.--In this section:
       (1) Homeland security grant.--The term ``homeland security 
     grant'' means any grant made or administered by the 
     Department, including--
       (A) the State Homeland Security Grant Program;

[[Page S9847]]

       (B) the Urban Area Security Initiative Grant Program;
       (C) the Law Enforcement Terrorism Prevention Program;
       (D) the Citizen Corps; and
       (E) the Metropolitan Medical Response System.
       (2) Local government.--The term ``local government'' has 
     the meaning given the term in section 2 of the Homeland 
     Security Act of 2002 (6 U.S.C. 101).
       (b) Required Disclosures.--Each State or local government 
     that receives a homeland security grant shall, not later than 
     12 months after the later of the date of enactment of this 
     Act and the date of receipt of such grant, and every 12 
     months thereafter until all funds provided under such grant 
     are expended, report to the Secretary a list of all 
     expenditures made by such State or local government using 
     funds from such grant.

     SEC. 1108. INCLUSION OF THE TRANSPORTATION TECHNOLOGY CENTER 
                   IN THE NATIONAL DOMESTIC PREPAREDNESS 
                   CONSORTIUM.

       The National Domestic Preparedness Consortium shall include 
     the Transportation Technology Center in Pueblo, Colorado.

     SEC. 1109. TRUCKING SECURITY.

       (a) Legal Status Verification for Licensed United States 
     Commercial Drivers.--Not later than 12 months after the date 
     of the enactment of this Act, the Secretary of 
     Transportation, in cooperation with the Secretary of Homeland 
     Security, shall issue regulations to implement the 
     recommendations contained in the memorandum of the Inspector 
     General of the Department of Transportation issued on June 4, 
     2004 (Control No. 2004-054).
       (b) Commercial Driver's License Anti-Fraud Programs.--Not 
     later than 12 months after the date of the enactment of this 
     Act, the Secretary of the Transportation, in conjunction with 
     the Secretary of the Department of Homeland Security, shall 
     issue a regulation to implement the recommendations contained 
     in the Report on Federal Motor Carrier Safety Administration 
     Oversight of the Commercial Driver's License Program (MH-
     2006-037).
       (c) Verification of Commercial Motor Vehicle Traffic.--
       (1) Guidelines.--Not later than 12 months after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall draft guidelines for Federal, State, and local law 
     enforcement officials, including motor carrier safety 
     enforcement personnel, to improve compliance with Federal 
     immigration and customs laws applicable to all commercial 
     motor vehicles and commercial motor vehicle operators engaged 
     in cross-border traffic.
       (2) Verification.--Not later than 12 months after the date 
     of the enactment of this Act, the Administrator of the 
     Federal Motor Carrier Safety Administration shall modify the 
     final rule regarding the enforcement of operating authority 
     (Docket No. FMCSA-2002-13015) to establish a system or 
     process by which a carrier's operating authority can be 
     verified during a roadside inspection.

     SEC. 1110. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR 
                   TICKETS FOR SUSPENDED AIR PASSENGER SERVICE.

       Section 145(c) of the Aviation and Transportation Security 
     Act (49 U.S.C. 40101 note) is amended by striking ``November 
     19, 2005.'' and inserting ``November 30, 2007.''.

     SEC. 1111. MAN-PORTABLE AIR DEFENSE SYSTEMS.

       (a) In General.--It is the sense of Congress that the 
     budget of the United States Government submitted by the 
     President for fiscal year 2008 under section 1105(a) of title 
     31, United States Code, should include an acquisition fund 
     for the procurement and installation of countermeasure 
     technology, proven through the successful completion of 
     operational test and evaluation, to protect commercial 
     aircraft from the threat of Man-Portable Air Defense Systems 
     (MANPADS).
       (b) Definition of MANPADS.--In this section, the term 
     ``MANPADS'' means--
       (1) a surface-to-air missile system designed to be man-
     portable and carried and fired by a single individual; and
       (2) any other surface-to-air missile system designed to be 
     operated and fired by more than one individual acting as a 
     crew and portable by several individuals.

     SEC. 1112. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER 
                   AIR WING.

       In addition to any other amounts authorized to be 
     appropriated for Air and Marine Operations of United States 
     Customs and Border Protection, there are authorized to be 
     appropriated for fiscal year 2007 and 2008 for operating 
     expenses of the Northern Border Air Wing, $40,000,000 for the 
     branch in Great Falls, Montana.

     SEC. 1113. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS 
                   CHECKS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of background records checks carried 
     out by Federal departments and agencies that are similar to 
     the background records check required under section 5103a of 
     title 49, United States Code, to identify redundancies and 
     inefficiencies in connection with such checks.
       (b) Contents.--In conducting the study, the Comptroller 
     General of the United States shall review, at a minimum, the 
     background records checks carried out by--
       (1) the Secretary of Defense;
       (2) the Secretary of Homeland Security; and
       (3) the Secretary of Energy.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to Congress on the results of 
     the study, including--
       (1) an identification of redundancies and inefficiencies 
     referred to in subsection (a); and
       (2) recommendations for eliminating such redundancies and 
     inefficiencies.

     SEC. 1114. PHASE-OUT OF VESSELS SUPPORTING OIL AND GAS 
                   DEVELOPMENT.

       Notwithstanding section 27 of the Merchant Marine Act, 1920 
     (46 U.S.C. App. 883) and sections 12105(c) and 12106 of title 
     46, United States Code, a foreign-flag vessel may be employed 
     for the movement or transportation of anchors for operations 
     in support of exploration of offshore mineral or energy 
     resources in the Beaufort Sea or the Chukchi Sea by or on 
     behalf of a lessee--
       (1) until January 1, 2010, if the Secretary of the 
     department in which the Coast Guard is operating determines 
     that insufficient eligible vessels documented under chapter 
     121 of title 46, United States Code, are reasonably available 
     and suitable for these support operations; and
       (2) during the period beginning January 1, 2010, and ending 
     December 31, 2012, if the Secretary determines that--
       (A) the lessee has entered into a binding agreement to use 
     eligible vessels documented under chapter 121 of title 46, 
     United States Code, in sufficient numbers and with sufficient 
     suitability to replace foreign flag vessels operating under 
     this section; and
       (B) the Secretary determines that no eligible vessel 
     documented under chapter 121 of title 46, United States Code, 
     is reasonably available and suitable for these support 
     operations to replace any foreign flag vessel operating under 
     this section.

     SEC. 1115. COAST GUARD PROPERTY IN PORTLAND, MAINE.

       Section 347(c) of the Maritime Transportation Security Act 
     of 2002 (Public Law 107-295; 116 Stat. 2109) is amended by 
     striking ``within 30 months from the date of conveyance.'' 
     and inserting ``by December 31, 2009.''.

     SEC. 1116. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR 
                   CHEMICALS.

       (a) Compliance With Performance Plan Requirements.--For 
     each of the fiscal years of 2007, 2009, and 2011, as part of 
     the annual performance plan required in the budget submission 
     of the United States Customs and Border Protection under 
     section 1115 of title 31, United States Code, the 
     Commissioner shall establish performance indicators relating 
     to the seizure of methamphetamine and methamphetamine 
     precursor chemicals in order to evaluate the performance 
     goals of the United States Customs and Border Protection with 
     respect to the interdiction of illegal drugs entering the 
     United States.
       (b) Study and Report Relating to Methamphetamine and 
     Methamphetamine Precursor Chemicals.--
       (1) Analysis.--The Commissioner shall, on an ongoing basis, 
     analyze the movement of methamphetamine and methamphetamine 
     precursor chemicals into the United States. In conducting the 
     analysis, the Commissioner shall--
       (A) consider the entry of methamphetamine and 
     methamphetamine precursor chemicals through ports of entry, 
     between ports of entry, through the mails, and through 
     international courier services;
       (B) examine the export procedures of each foreign country 
     where the shipments of methamphetamine and methamphetamine 
     precursor chemicals originate and determine if changes in the 
     country's customs over time provisions would alleviate the 
     export of methamphetamine and methamphetamine precursor 
     chemicals; and
       (C) identify emerging trends in smuggling techniques and 
     strategies.
       (2) Report.--Not later than September 30, 2007, and each 2-
     year period thereafter, the Commissioner, in the consultation 
     with the United States Immigration and Customs Enforcement, 
     the United States Drug Enforcement Administration, and the 
     United States Department of State, shall submit a report to 
     the Committee on Finance and the Committee on Foreign 
     Relations of the Senate, and the Committee on Ways and Means 
     and the Committee on International Relations of the House of 
     Representatives, that includes--
       (A) a comprehensive summary of the analysis described in 
     paragraph (1); and
       (B) a description of how the Untied States Customs and 
     Border Protection utilized the analysis described in 
     paragraph (1) to target shipments presenting a high risk for 
     smuggling or circumvention of the Combat Methamphetamine 
     Epidemic Act of 2005 (Public Law 109-177).
       (3) Availability of analysis.--The Commissioner shall 
     ensure that the analysis described in paragraph (1) is made 
     available in a timely manner to the Secretary of State to 
     facilitate the Secretary in fulfilling the Secretary's 
     reporting requirements in section 722 of the Combat 
     Methamphetamine Epidemic Act of 2005.
       (c) Definition.--In this section, the term 
     ``methamphetamine precursor chemicals'' means the chemicals 
     ephedrine, pseudoephedrine, or phenylpropanolamine, including 
     each of the salts, optical isomers, and salts of optical 
     isomers of such chemicals.

     SEC. 1117. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING 
                   PROGRAM.

       (a) Implementation Status.--Within 180 days after the date 
     of enactment of this Act, the Comptroller General shall 
     assess the Department of Homeland Security's aircraft charter 
     customer and lessee prescreening process mandated by section 
     44903(j)(2) of title 49, United States Code, and report on 
     the status of the program, its implementation, and its use by 
     the general aviation charter and rental community and report 
     the findings, conclusions, and recommendations, if any, of 
     such assessment to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Homeland Security.

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