Volume 152, No. 118 covering the 2nd Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT” mentioning the Environmental Protection Agency was published in the Senate section on pages S9820-S9848 on Sept. 20, 2006.
The publication is reproduced in full below:
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 to improve maritime and cargo security through enhanced layered defenses, and for other purposes.'', do pass with the following amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Port Security Improvement Act of 2006''.
(b) Table of Contents.--The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SECURITY OF UNITED STATES SEAPORTS
Subtitle A--General Provisions
Sec. 101. Area Maritime Transportation Security Plan to include salvage response plan.
Sec. 102. Requirements relating to maritime facility security plans.
Sec. 103. Unannounced inspections of maritime facilities.
Sec. 104. Transportation security card.
Sec. 105. Prohibition of issuance of transportation security cards to convicted felons.
Sec. 106. Long-range vessel tracking.
Sec. 107. Establishment of interagency operational centers for port security.
Sec. 108. Notice of Arrival for foreign vessels on the outer
Continental Shelf.
Subtitle B--Port Security Grants; Training and Exercise Programs
Sec. 111. Port Security Grants.
Sec. 112. Port Security Training Program.
Sec. 113. Port Security Exercise Program.
Subtitle C--Port Operations
Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Port Security user fee study.
Sec. 123. Inspection of car ferries entering from Canada.
Sec. 124. Random searches of containers.
Sec. 125. Work stoppages and employee-employer disputes.
Sec. 126. Threat assessment screening of port truck drivers.
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Subtitle A--General Provisions
Sec. 201. Strategic plan to enhance the security of the international supply chain.
Sec. 202. Post incident resumption of trade.
Sec. 203. Automated Targeting System.
Sec. 204. Container security standards and procedures.
Sec. 205. Container Security Initiative.
Subtitle B--Customs-Trade Partnership Against Terrorism
Sec. 211. Establishment.
Sec. 212. Eligible entities.
Sec. 213. Minimum requirements.
Sec. 214. Tier 1 participants in C-TPAT.
Sec. 215. Tier 2 participants in C-TPAT.
Sec. 216. Tier 3 participants in C-TPAT.
Sec. 217. Consequences for lack of compliance.
Sec. 218. Revalidation.
Sec. 219. Noncontainerized cargo.
Sec. 220. C-TPAT Program management.
Sec. 221. Resource management staffing plan.
Sec. 222. Additional personnel.
Sec. 223. Authorization of appropriations.
Sec. 224. Report to Congress.
Subtitle C--Miscellaneous Provisions
Sec. 231. Pilot integrated scanning system.
Sec. 232. International cooperation and coordination.
Sec. 233. Screening and scanning of cargo containers.
Sec. 234. International Ship and Port Facility Security Code.
Sec. 235. Cargo screening.
TITLE III--ADMINISTRATION
Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology
Advisory Committee.
Sec. 303. Research, development, test, and evaluation efforts in furtherance of maritime and cargo security.
Sec. 304. Cobra fees.
Sec. 305. Establishment of competitive research program.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
Sec. 401. Office of International Trade.
Sec. 402. Resources.
Sec. 403. Negotiations.
Sec. 404. International Trade Data System.
Sec. 405. In-bond cargo.
Sec. 406. Sense of the Senate.
Sec. 407. Foreign ownership of ports.
TITLE V--RAIL SECURITY ACT OF 2006
Sec. 501. Short title.
Sec. 502. Rail transportation security risk assessment.
Sec. 503. Rail security.
Sec. 504. Study of foreign rail transport security programs.
Sec. 505. Passenger, baggage, and cargo screening.
Sec. 506. Certain personnel limitations not to apply.
Sec. 507. Fire and life-safety improvements.
Sec. 508. Memorandum of agreement.
Sec. 509. Amtrak plan to assist families of passengers involved in rail passenger accidents.
Sec. 510. Systemwide Amtrak security upgrades.
Sec. 511. Freight and passenger rail security upgrades.
Sec. 512. Oversight and grant procedures.
Sec. 513. Rail security research and development.
Sec. 514. Welded rail and tank car safety improvements.
Sec. 515. Northern border rail passenger report.
Sec. 516. Report regarding impact on security of train travel in communities without grade separation.
Sec. 517. Whistleblower protection program.
Sec. 518. Rail worker security training program.
Sec. 519. High hazard material security threat mitigation plans.
Sec. 520. Public awareness.
Sec. 521. Railroad high hazard material tracking.
TITLE VI--NATIONAL ALERT SYSTEM
Sec. 601. Short title.
Sec. 602. National Alert System.
Sec. 603. Implementation and use.
Sec. 604. Coordination with existing public alert systems and authority.
Sec. 605. National Alert Office.
Sec. 606. National Alert System Working Group.
Sec. 607. Research and development.
Sec. 608. Grant program for remote community alert systems.
Sec. 609. Public familiarization, outreach, and response instructions.
Sec. 610. Essential services disaster assistance.
Sec. 611. Definitions.
Sec. 612. Savings clause.
Sec. 613. Funding.
TITLE VII--MASS TRANSIT SECURITY
Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Security assessments.
Sec. 704. Security assistance grants.
Sec. 705. Intelligence sharing.
Sec. 706. Research, development, and demonstration grants and contracts.
Sec. 707. Reporting requirements.
Sec. 708. Authorization of appropriations.
Sec. 709. Sunset provision.
TITLE VIII--DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 801. Establishment of Domestic Nuclear Detection Office.
Sec. 802. Technology research and development investment strategy for nuclear and radiological detection.
TITLE IX--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
Sec. 901. Short title.
Sec. 902. Hazardous materials highway routing.
Sec. 903. Motor carrier high hazard material tracking.
Sec. 904. Hazardous materials security inspections and enforcement.
Sec. 905. Truck security assessment.
Sec. 906. National public sector response system.
Sec. 907. Over-the-road bus security assistance.
Sec. 908. Pipeline security and incident recovery plan.
Sec. 909. Pipeline security inspections and enforcement.
Sec. 910. Technical corrections.
TITLE X--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY
Sec. 1001. Short title.
Sec. 1002. Emergency service.
Sec. 1003. Enforcement.
Sec. 1004. Migration to IP-enabled emergency network.
Sec. 1005. Definitions.
TITLE XI--OTHER MATTERS
Sec. 1101. Certain TSA personnel limitations not to apply.
Sec. 1102. Rural Policing Institute.
Sec. 1103. Evacuation in emergencies.
Sec. 1104. Protection of health and safety during disasters.
Sec. 1105. Pilot Program to extend certain commercial operations.
Sec. 1106. Security plan for Essential Air Service airports.
Sec. 1107. Disclosures regarding homeland security grants.
Sec. 1108. Inclusion of the Transportation Technology Center in the
National Domestic Preparedness Consortium.
Sec. 1109. Trucking security.
Sec. 1110. Extension of requirement for air carriers to honor tickets for suspended air passenger service.
Sec. 1111. Man-Portable Air Defense Systems.
Sec. 1112. Air and Marine Operations of the Northern Border Air Wing.
Sec. 1113. Study to identify redundant background records checks.
Sec. 1114. Phase-out of vessels supporting oil and gas development.
Sec. 1115. Coast Guard property in Portland, Maine.
Sec. 1116. Methamphetamine and methamphetamine precursor chemicals.
Sec. 1117. Aircraft charter customer and lessee prescreening program.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as otherwise defined, the term ``appropriate congressional committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and Transportation of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on Homeland Security and Governmental Affairs of the Senate;
(E) the Committee on Appropriations of the House of Representatives;
(F) the Committee on Homeland Security of the House of Representatives;
(G) the Committee on Transportation and Infrastructure of the House of Representatives; and
(H) the Committee on Ways and Means of the House of Representatives.
(2) Commercial seaport personnel.--The term ``commercial seaport personnel'' means any person engaged in an activity relating to the loading or unloading of cargo, the movement or tracking of cargo, the maintenance and repair of intermodal equipment, the operation of cargo-related equipment (whether or not integral to the vessel), and the handling of mooring lines on the dock when a vessel is made fast or let go, in the United States or the coastal waters of the United States.
(3) Commissioner.--The term ``Commissioner'' means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.
(4) Container.--The term ``container'' has the meaning given the term in the International Convention for Safe Containers, with annexes, done at Geneva, December 2, 1972
(29 UST 3707).
(5) Container security device.--The term ``container security device'' means a device, or system, designed, at a minimum, to identify positively a container, to detect and record the unauthorized intrusion of a container, and to secure a container against tampering throughout the supply chain. Such a device, or system, shall have a low false alarm rate as determined by the Secretary.
(6) Department.--The term ``Department'' means the Department of Homeland Security.
(7) Examination.--The term ``examination'' means an inspection of cargo to detect the presence of misdeclared, restricted, or prohibited items that utilizes nonintrusive imaging and detection technology.
(8) Inspection.--The term ``inspection'' means the comprehensive process used by the United States Customs and Border Protection to assess goods entering the United States to appraise them for duty purposes, to detect the presence of restricted or prohibited items, and to ensure compliance with all applicable laws. The process may include screening, conducting an examination, or conducting a search.
(9) International supply chain.--The term ``international supply chain'' means the end-to-end process for shipping goods to or from the United States from a point of origin
(including manufacturer, supplier, or vendor) through a point of distribution.
(10) Radiation detection equipment.--The term ``radiation detection equipment'' means any technology that is capable of detecting or identifying nuclear and radiological material or nuclear and radiological explosive devices.
(11) Scan.--The term ``scan'' means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a container.
(12) Screening.--The term ``screening'' means a visual or automated review of information about goods, including manifest or entry documentation accompanying a shipment being imported into the United States, to determine the presence of misdeclared, restricted, or prohibited items and assess the level of threat posed by such cargo.
(13) Search.--The term ``search'' means an intrusive examination in which a container is opened and its contents are devanned and visually inspected for the presence of misdeclared, restricted, or prohibited items.
(14) Secretary.--The term ``Secretary'' means the Secretary of Homeland Security.
(15) Transportation disruption.--The term ``transportation disruption'' means any significant delay, interruption, or stoppage in the flow of trade caused by a natural disaster, heightened threat level, an act of terrorism, or any transportation security incident defined in section 70101(6) of title 46, United States Code.
(16) Transportation security incident.--The term
``transportation security incident'' has the meaning given the term in section 70101(6) of title 46, United States Code.
TITLE I--SECURITY OF UNITED STATES SEAPORTS
Subtitle A--General Provisions
SEC. 101. AREA MARITIME TRANSPORTATION SECURITY PLAN TO
INCLUDE SALVAGE RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is amended--
(1) in subparagraph (E), by striking ``and'' after the semicolon;
(2) by redesignating subparagraph (F) as subparagraph (G); and
(3) by inserting after subparagraph (E) the following:
``(F) include a salvage response plan--
``(i) to identify salvage equipment capable of restoring operational trade capacity; and
``(ii) to ensure that the waterways are cleared and the flow of commerce through United States ports is reestablished as efficiently and quickly as possible after a maritime transportation security incident; and''.
SEC. 102. REQUIREMENTS RELATING TO MARITIME FACILITY SECURITY
PLANS.
Section 70103(c) of title 46, United States Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (C)(ii), by striking ``facility'' and inserting ``facility, including access by individuals engaged in the surface transportation of intermodal containers in or out of a port facility'';
(B) in subparagraph (E), by striking ``describe the'' and inserting ``provide a strategy and timeline for conducting'';
(C) in subparagraph (F), by striking ``and'' at the end;
(D) in subparagraph (G), by striking the period at the end and inserting ``; and''; and
(E) by adding at the end the following:
``(H) in the case of a security plan for a facility, be resubmitted for approval of each change in the ownership or operator of the facility that may substantially affect the security of the facility.''; and
(2) by adding at the end the following:
``(8)(A) The Secretary shall require that the qualified individual having full authority to implement security actions for a facility described in paragraph (2) shall be a citizen of the United States.
``(B) The Secretary may waive the requirement of subparagraph (A) with respect to an individual if the Secretary determines that it is appropriate to do so based on a complete background check of the individual and a review of all terrorist watch lists to ensure that the individual is not identified on any such terrorist watch list.''.
SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.
Section 70103(c)(4)(D) of title 46, United States Code, is amended to read as follows:
``(D) subject to the availability of appropriations, verify the effectiveness of each such facility security plan periodically, but not less than twice annually, at least 1 of which shall be an inspection of the facility that is conducted without notice to the facility.''.
SEC. 104. TRANSPORTATION SECURITY CARD.
(a) In General.--Section 70105 of title 46, United States, Code is amended by adding at the end the following:
``(g) Applications for Merchant Mariner's Documents.--The Assistant Secretary of Homeland Security for the Transportation Security Administration and the Commandant of the Coast Guard shall concurrently process an application from an individual for merchant mariner's documents under chapter 73 of title 46, United States Code, and an application from that individual for a transportation security card under this section.
``(h) Fees.--The Secretary shall ensure that the fees charged each individual obtaining a transportation security card under this section who has passed a background check under section 5103a of title 49, United States Code, and who has a current and valid hazardous materials endorsement in accordance with section 1572 of title 49, Code of Federal Regulations, and each individual with a current and valid Merchant Mariner Document--
``(1) are for costs associated with the issuance, production, and management of the transportation security card, as determined by the Secretary; and
``(2) do not include costs associated with performing a background check for that individual, unless the scope of said background checks diverge.
``(i) Implementation Schedule.--In implementing the transportation security card program under this section, the Secretary shall--
``(1) conduct a strategic risk analysis and establish a priority for each United States port based on risk; and
``(2) implement the program, based upon risk and other factors as determined by the Secretary, at all facilities regulated under this chapter at--
``(A) the 10 United States ports that are deemed top priority by the Secretary not later than July 1, 2007;
``(B) the 40 United States ports that are next in order of priority to the ports described in subparagraph (A) not later than January 1, 2008; and
``(C) all other United States ports not later than January 1, 2009.
``(j) Transportation Security Card Processing Deadline.--Not later than January 1, 2009, the Secretary shall process and issue or deny each application for a transportation security card under this section for individuals with current and valid merchant mariner's documents on the date of enactment of the Port Security Improvement Act of 2006.
``(k) Vessel and Facility Card Reader Assessments.--
``(1) Pilot programs.--
``(A) Vessel pilot program.--The Secretary shall conduct a pilot program in 3 distinct geographic locations to assess the feasibility of implementing card readers at secure areas of a vessel in accordance with the Notice of Proposed Rulemaking released on May 22, 2006, (TSA-2006-24191; USCG-2006-24196).
``(B) Facilities pilot program.--In addition to the pilot program described in subparagraph (A), the Secretary shall conduct a pilot program in 3 distinct geographic locations to assess the feasibility of implementing card readers at secure areas of facilities in a variety of environmental settings.
``(C) Coordination with transportation security cards.--The pilot programs described in subparagraphs (A) and (B) shall be conducted concurrently with the issuance of the transportation security cards as described in subsection (b), of this section, to ensure card and card reader interoperability.
``(2) Duration.--The pilot program described in paragraph
(1) shall commence not later than 180 days after the date of the enactment of the Port Security Improvement Act of 2006 and shall terminate 1 year after commencement.
``(3) Report.--Not later than 90 days after the termination of the pilot program described under subparagraph (1), the Secretary shall submit a comprehensive report to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2)) that includes--
``(A) the actions that may be necessary to ensure that all vessels and facilities to which this section applies are able to comply with the regulations promulgated under subsection
(a);
``(B) recommendations concerning fees and a statement of policy considerations for alternative security plans; and
``(C) an analysis of the viability of equipment under the extreme weather conditions of the marine environment.
``(l) Progress Reports.--Not later than 6 months after the date of the enactment of the Port Security Improvement Act 2006 and every 6 months thereafter until the requirements under this section are fully implemented, the Secretary shall submit a report on progress being made in implementing such requirements to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2)).''.
(b) Clarification of Eligibility for Transportation Security Cards.--Section 70105(b)(2) of title 46, United States Code, is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E);
(2) by striking ``Secretary.'' in subparagraph (F) and inserting ``Secretary; and''; and
(3) by adding at the end the following:
``(G) other individuals as determined appropriate by the Secretary including individuals employed at a port not otherwise covered by this subsection.''.
(c) Deadline for Section 70105 Regulations.--The Secretary shall promulgate final regulations implementing section 70105 of title 46, United States Code, no later than January 1, 2007. The regulations shall include a background check process to enable newly hired workers to begin working unless the Secretary makes an initial determination that the worker poses a security risk. Such process shall include a check against the consolidated and integrated terrorist watch list maintained by the Federal Government.
SEC. 105. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY
CARDS TO CONVICTED FELONS.
Section 70105 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by striking ``decides that the individual poses a security risk under subsection (c)'' and inserting ``determines under subsection (c) that the individual poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal offenses.--Except as provided under paragraph (2), an individual is permanently disqualified from being issued a transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, in a civilian or military jurisdiction of any of the following felonies:
``(i) Espionage or conspiracy to commit espionage.
``(ii) Sedition or conspiracy to commit sedition.
``(iii) Treason or conspiracy to commit treason.
``(iv) A crime listed in chapter 113B of title 18, a comparable State law, or conspiracy to commit such crime.
``(v) A crime involving a transportation security incident. In this clause, a transportation security incident--
``(I) is a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area (as defined in section 70101 of title 46); and
``(II) does not include a work stoppage or other nonviolent employee-related action, resulting from an employer-employee dispute.
``(vi) Improper transportation of a hazardous material under section 5124 of title 49, or a comparable State law;.
``(vii) Unlawful possession, use, sale, distribution, manufacture, purchase, receipt, transfer, shipping, transporting, import, export, storage of, or dealing in an explosive or incendiary device (as defined in section 232(5) of title 18, explosive materials (as defined in section 841(c) of title 18), or a destructive device (as defined in 921(a)(4) of title 18).
``(viii) Murder.
``(ix) Conspiracy or attempt to commit any of the crimes described in clauses (v) through (viii).
``(x) A violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961 et seq.), or a comparable State law, if 1 of the predicate acts found by a jury or admitted by the defendant consists of 1 of the offenses listed in clauses (iv) and (viii).
``(xi) Any other felony that the Secretary determines to be a permanently disqualifying criminal offense.
``(B) Interim disqualifying criminal offenses.--Except as provided under paragraph (2), an individual is disqualified from being issued a biometric transportation security card under subsection (b) if the individual has been convicted, or found not guilty by reason of insanity, during the 7-year period ending on the date on which the individual applies for such or card, or was released from incarceration during the 5-year period ending on the date on which the individual applies for such a card, of any of the following felonies:
``(i) Assault with intent to murder.
``(ii) Kidnapping or hostage taking.
``(iii) Rape or aggravated sexual abuse.
``(iv) Unlawful possession, use, sale, manufacture, purchase, distribution, receipt, transfer, shipping, transporting, delivery, import, export of, or dealing in a firearm or other weapon. In this clause, a firearm or other weapon includes, but is not limited to--
``(I) firearms (as defined in section 921(a)(3) of title 18); and
``(II) items contained on the United States Munitions Import List under 447.21 of title 27 Code of Federal Regulations.
``(v) Extortion.
``(vi) Dishonesty, fraud, or misrepresentation, including identity fraud.
``(vii) Bribery.
``(viii) Smuggling.
``(ix) Immigration violations.
``(x) A violation of the Racketeer Influenced and Corrupt Organizations Act (18 U.S.C. 1961, et seq.) or a comparable State law, other than a violation listed in subparagraph
(A)(x).
``(xi) Robbery.
``(xii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
``(xiii) Arson.
``(xiv) Conspiracy or attempt to commit any of the crimes in this subparagraph.
``(xv) Any other felony that the Secretary determines to be a disqualifying criminal offense under this subparagraph.
``(C) Other potential disqualifications.--Except as provided under subparagraphs (A) and (B), an individual may not be denied a transportation security card under subsection
(b) unless the Secretary determines that individual--
``(i) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity of a felony--
``(I) that the Secretary believes could cause the individual to be a terrorism security risk to the United States; or
``(II) for causing a severe transportation security incident;
``(ii) has been released from incarceration within the preceding 5-year period for committing a felony described in clause (i);
``(iii) may be denied admission to the United States or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
``(iv) otherwise poses a terrorism security risk to the United States.''.
SEC. 106. LONG-RANGE VESSEL TRACKING.
(a) Regulations.--Section 70115 of title 46, United States Code, is amended in the first sentence by striking ``The Secretary'' and inserting ``Not later than April 1, 2007, the Secretary''.
(b) Voluntary Program.--The Secretary may issue regulations to establish a voluntary long-range automated vessel tracking system for vessels described in section 70115 of title 46, United States Code, during the period before regulations are issued under such section.
SEC. 107. ESTABLISHMENT OF INTERAGENCY OPERATIONAL CENTERS
FOR PORT SECURITY.
(a) In General.--Chapter 701 of title 46, United States Code, is amended by inserting after section 70107 the following:
``Sec. 70107A. Interagency operational centers for port security
``(a) In General.--The Secretary shall establish interagency operational centers for port security at all high-priority ports not later than 3 years after the date of the enactment of the Port Security Improvement Act of 2006.
``(b) Characteristics.--The interagency operational centers established under this section shall--
``(1) utilize, as appropriate, the compositional and operational characteristics of centers, including--
``(A) the pilot project interagency operational centers for port security in Miami, Florida; Norfolk/Hampton Roads, Virginia; Charleston, South Carolina; San Diego, California; and
``(B) the virtual operation center of the Port of New York and New Jersey;
``(2) be organized to fit the security needs, requirements, and resources of the individual port area at which each is operating;
``(3) provide, as the Secretary determines appropriate, for participation by representatives of the United States Customs and Border Protection, the Transportation Security Administration, the Department of Justice, the Department of Defense, and other Federal agencies, State and local law enforcement or port security personnel, members of the Area Maritime Security Committee, and other public and private sector stakeholders adversely affected by a transportation security incident or transportation disruption; and
``(4) be incorporated in the implementation and administration of--
``(A) maritime transportation security plans developed under section 70103;
``(B) maritime intelligence activities under section 70113 and information sharing activities consistent with section 1016 of the National Security Intelligence Reform Act of 2004
(6 U.S.C. 485) and the Homeland Security Information Sharing Act (6 U.S.C. 481 et seq.);
``(C) short and long range vessel tracking under sections 70114 and 70115;
``(D) protocols under section 201(b)(10) of the Port Security Improvement Act of 2006;
``(E) the transportation security incident response plans required by section 70104; and
``(F) other activities, as determined by the Secretary.
``(c) Security Clearances.--The Secretary shall sponsor and expedite individuals participating in interagency operational centers in gaining or maintaining their security clearances. Through the Captain of the Port, the Secretary may identify key individuals who should participate. The port or other entities may appeal to the Captain of the Port for sponsorship.''.
(b) 2005 Act Report Requirement.--Nothing in this section or the amendments made by this section relieves the Commandant of the Coast Guard from complying with the requirements of section 807 of the Coast Guard and Maritime Transportation Act of 2004 (Public Law 108-293; 118 Stat. 1082). The Commandant shall utilize the information developed in making the report required by that section in carrying out the requirements of this section.
(c) Budget and Cost-Sharing Analysis.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a proposed budget analysis for implementing section 70107A of title 46, United States Code, as added by subsection (a), including cost-sharing arrangements with other Federal departments and agencies involved in the interagency operation of the centers to be established under such section.
(d) Clerical Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by inserting after the item relating to section 70107 the following:
``70107A. Interagency operational centers for port security.''.
SEC. 108. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE OUTER
CONTINENTAL SHELF.
(a) Notice of Arrival.--Not later than 180 days after the date of the enactment of this Act, the Secretary is directed to update and finalize its rulemaking on Notice of Arrival for foreign vessels on the outer Continental Shelf.
(b) Content of Regulations.--The regulations promulgated pursuant to paragraph (1) shall be consistent with information required under the Notice of Arrival under section 160.206 of title 33, Code of Federal Regulations, as in effect on the date of the enactment of this Act.
Subtitle B--Port Security Grants; Training and Exercise Programs
SEC. 111. PORT SECURITY GRANTS.
(a) Basis for Grants.--Section 70107(a) of title 46, United States Code, is amended by striking ``for making a fair and equitable allocation of funds'' and inserting ``for the allocation of funds based on risk''.
(b) Risk Management Plan.--
(1) In general.--Under the direction of the Commandant of the Coast Guard, each Area Maritime Security Committee shall develop a Port Wide Risk Management Plan that includes--
(A) security goals and objectives, supported by a risk assessment and an evaluation of alternatives;
(B) a management selection process; and
(C) active monitoring to measure effectiveness.
(2) Risk assessment tool.--The Secretary of the Department in which the Coast Guard is operating, shall make available, and Area Maritime Security Committees shall use, a risk assessment tool that uses standardized risk criteria, such as the Maritime Security Risk Assessment Tool used by the Coast Guard, to develop the Port Wide Risk Management Plan.
(c) Multiple-Year Projects, Etc.--Section 70107 of title 46, United States Code, is amended by redesignating subsections (e), (f), (g), (h), and (i) as subsections (i),
(j), (k), (l), and (m), respectively, and by inserting after subsection (d) the following:
``(e) Multiple-Year Projects.--
``(1) Letters of intent.--The Secretary may execute letters of intent to commit funding to such authorities, operators, and agencies.
``(2) Limitation.--Not more than 20 percent of the grant funds awarded under this subsection in any fiscal year may be awarded for projects that span multiple years.
``(f) Consistency With Plans.--The Secretary shall ensure that each grant awarded under subsection (e)--
``(1) is used to supplement and support, in a consistent and coordinated manner, the applicable Area Maritime Transportation Security Plan;
``(2) is coordinated with any applicable State or Urban Area Homeland Security Plan; and
``(3) is consistent with the Port Wide Risk Management Plan developed under section 111(b) of the Port Security Improvement Act of 2006.
``(g) Applications.--Any entity subject to an Area Maritime Transportation Security Plan may submit an application for a grant under this subsection, at such time, in such form, and containing such information and assurances as the Secretary, working through the Directorate for Preparedness, may require.
``(h) Reports.--Not later than 180 days after the date of the enactment of the Port Security Improvement Act of 2006, the Secretary, acting through the Commandant of the Coast Guard, shall submit a report to Congress, in a secure format, describing the methodology used to allocate port security grant funds on the basis of risk.''.
(d) Authorization of Appropriations.--Subsection (l) of section 70107 of title 46, United States Code, as redesignated by subsection (b) is amended to read as follows:
``(l) Authorization of Appropriations.--There are authorized to be appropriated $400,000,000 for each of the fiscal years 2007 through 2011 to carry out this section.''.
(e) Basis for Grants.--Section 70107(a) of title 46, United States Code, is amended by inserting ``, energy'' between
``national economic'' and ``and strategic defense concerns.''.
(f) Container Scanning Technology Grant Program.--
(1) Nuclear and radiological detection devices.--Section 70107(m)(1)(C) of title 46, United States Code, as redesignated by subsection (b), is amended by inserting ``, underwater or water surface devices, devices that can be mounted on cranes and straddle cars used to move cargo within ports, and scanning and imaging technology'' before the semicolon at the end.
(2) Use of funds.--Amounts appropriated pursuant to this section shall be used for grants to be awarded in a competitive process to public or private entities for the purpose of researching and developing nuclear and radiological detection equipment described in section 70107(m)(1)(C) of title 46, United States Code, as amended by this section.
(3) Authorization of appropriations.--There are authorized to be appropriated a total of $70,000,000 for fiscal years 2008 through 2009 for the purpose of researching and developing nuclear and radiological detection equipment described in section 70107(m)(1)(C) of title 46, United States Code, as amended by this section.
SEC. 112. PORT SECURITY TRAINING PROGRAM.
(a) In General.--The Secretary, acting through the Under Secretary for Preparedness and in coordination with the Commandant of the Coast Guard, shall establish a Port Security Training Program (referred to in this section as the
``Program'') for the purpose of enhancing the capabilities of each of the commercial seaports of the United States to prevent, prepare for, respond to, mitigate against, and recover from threatened or actual acts of terrorism, natural disasters, and other emergencies.
(b) Requirements.--The Program shall provide validated training that--
(1) reaches multiple disciplines, including Federal, State, and local government officials, commercial seaport personnel and management, and governmental and nongovernmental emergency response providers;
(2) provides training at the awareness, performance, and management and planning levels;
(3) utilizes multiple training mediums and methods;
(4) addresses port security topics, including--
(A) seaport security plans and procedures, including how security plans and procedures are adjusted when threat levels increase;
(B) seaport security force operations and management;
(C) physical security and access control at seaports;
(D) methods of security for preventing and countering cargo theft;
(E) container security;
(F) recognition and detection of weapons, dangerous substances, and devices;
(G) operation and maintenance of security equipment and systems;
(H) security threats and patterns;
(I) security incident procedures, including procedures for communicating with governmental and nongovernmental emergency response providers; and
(J) evacuation procedures;
(5) is consistent with, and supports implementation of, the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives;
(6) is evaluated against clear and consistent performance measures;
(7) addresses security requirements under facility security plans; and
(8) educates, trains, and involves populations of at-risk neighborhoods around ports, including training on an annual basis for neighborhoods to learn what to be watchful for in order to be a ``citizen corps'', if necessary.
(c) Training Partners.--In developing and delivering training under the Program, the Secretary, in coordination with the Maritime Administration of the Department of Transportation, and consistent with section 109 of the Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note), shall--
(1) work with government training facilities, academic institutions, private organizations, employee organizations, and other entities that provide specialized, state-of-the-art training for governmental and non-governmental emergency responder providers or commercial seaport personnel and management; and
(2) utilize, as appropriate, government training facilities, courses provided by community colleges, public safety academies, State and private universities, and other facilities.
SEC. 113. PORT SECURITY EXERCISE PROGRAM.
(a) In General.--The Secretary, acting through the Under Secretary for Preparedness and in coordination with the Commandant of the Coast Guard, may establish a Port Security Exercise Program (referred to in this section as the
``Program'') for the purpose of testing and evaluating the capabilities of Federal, State, local, and foreign governments, commercial seaport personnel and management, governmental and nongovernmental emergency response providers, the private sector, or any other organization or entity, as the Secretary determines to be appropriate, to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at commercial seaports.
(b) Requirements.--The Secretary shall ensure that the Program--
(1) conducts, on a periodic basis, port security exercises at commercial seaports that are--
(A) scaled and tailored to the needs of each port;
(B) live, in the case of the most at-risk ports;
(C) as realistic as practicable and based on current risk assessments, including credible threats, vulnerabilities, and consequences;
(D) consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, the National Maritime Transportation Security Plan, and other such national initiatives;
(E) evaluated against clear and consistent performance measures;
(F) assessed to learn best practices, which shall be shared with appropriate Federal, State, and local officials, seaport personnel and management, governmental and nongovernmental emergency response providers, and the private sector; and
(G) followed by remedial action in response to lessons learned; and
(2) assists State and local governments and commercial seaports in designing, implementing, and evaluating exercises that--
(A) conform to the requirements of paragraph (1); and
(B) are consistent with any applicable Area Maritime Transportation Security Plan and State or Urban Area Homeland Security Plan.
(c) Improvement Plan.--The Secretary shall establish a port security improvement plan process to--
(1) identify and analyze each port security exercise for lessons learned and best practices;
(2) disseminate lessons learned and best practices to participants in the Program;
(3) monitor the implementation of lessons learned and best practices by participants in the Program; and
(4) conduct remedial action tracking and long-term trend analysis.
Subtitle C--Port Operations
SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) Examining Containers.--Not later than December 31, 2007, all containers entering the United States through the busiest 22 seaports of entry shall be examined for radiation.
(b) Strategy.--The Secretary shall develop a strategy for the deployment of radiation detection capabilities that includes--
(1) a risk-based prioritization of ports of entry at which radiation detection equipment will be deployed;
(2) a proposed timeline of when radiation detection equipment will be deployed at each port of entry identified under paragraph (1);
(3) the type of equipment to be used at each port of entry identified under paragraph (1), including the joint deployment and utilization of radiation detection equipment and nonintrusive imaging equipment;
(4) standard operating procedures for examining containers with such equipment, including sensor alarming, networking, and communications and response protocols;
(5) operator training plans;
(6) an evaluation of the environmental health and safety impacts of nonintrusive imaging technology;
(7) the policy of the Department for using nonintrusive imagining equipment in tandem with radiation detection equipment; and
(8) a classified annex that--
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of ports of entry identified under paragraph (1).
(c) Report.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit the strategy developed under subsection (b) to the appropriate congressional committees.
(d) Update.--Not later than 180 days after the date of the enactment of this Act, the Secretary may update the strategy submitted under subsection (c) to provide a more complete evaluation under subsection (b)(6).
(e) Other Weapons of Mass Destruction Threats.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit a strategy for the development of equipment to detect chemical, biological, and other weapons of mass destruction at all ports of entry into the United States to the appropriate congressional committees.
(f) Standards.--The Secretary, in conjunction with the National Institute of Standards and Technology, shall publish technical capability standards and recommended standard operating procedures for the use of nonintrusive imaging and radiation detection equipment in the United States. Such standards and procedures--
(1) should take into account relevant standards and procedures utilized by other Federal departments or agencies as well as those developed by international bodies; and
(2) shall not be designed so as to endorse specific companies or create sovereignty conflicts with participating countries.
(g) Implementation.--Not later than 3 years after the date of the enactment of this Act, the Secretary shall fully implement the strategy developed under subsection (b).
(h) Expansion To Other United States Ports of Entry.--
(1) In general.--As soon as practicable after--
(A) implementation of the program for the examination of containers for radiation at ports of entry described in subsection (a), and
(B) submission of the strategy developed under subsection
(b) (and updating, if any, of that strategy under subsection
(c)),but no later than December 31, 2008, the Secretary shall expand the strategy developed under subsection (b), in a manner consistent with the requirements of subsection (b), to provide for the deployment of radiation detection capabilities at all other United States ports of entry not covered by the strategy developed under subsection (b).
(2) Risk assessment.--In expanding the strategy under paragraph (1), the Secretary shall identify and assess the risks to those other ports of entry in order to determine what equipment and practices will best mitigate the risks.
(i) Intermodal Rail Radiation Detection Test Center.--
(1) Establishment.--In accordance with subsection (b), and in order to comply with this section, the Secretary shall establish Intermodal Rail Radiation Detection Test Centers
(referred to in this subsection as the ``Test Centers'').
(2) Projects.--The Secretary shall conduct multiple, concurrent projects at the Test Center to rapidly identify and test concepts specific to the challenges posed by on-dock rail.
(3) Location.--The Test Centers shall be located within public port facilities which have a significant portion of the containerized cargo directly laden from (or unladen to) on-dock, intermodal rail, including at least one public port facility at which more than 50 percent of the containerized cargo is directly laden from (or unladen to) on-dock, intermodal rail.
SEC. 122. PORT SECURITY USER FEE STUDY.
The Secretary shall conduct a study of the need for, and feasibility of, establishing a system of oceanborne and port-related transportation user fees that may be imposed and collected as a dedicated revenue source, on a temporary or continuing basis, to provide necessary funding for legitimate improvements to, and maintenance of, port security. Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report to the appropriate congressional committees that contains--
(1) the results of the study;
(2) an assessment of the annual amount of customs fees and duties collected through oceanborne and port-related transportation and the amount and percentage of such fees and duties that are dedicated to improve and maintain security;
(3)(A) an assessment of the fees, charges, and standards imposed on United States ports, port terminal operators, shippers, and persons who use United States ports, compared with the fees and charges imposed on ports and port terminal operators in Canada and Mexico and persons who use those foreign ports; and
(B) an assessment of the impact on the competitiveness of United States ports, port terminal operators, and shippers; and
(4) the Secretary's recommendations based upon the study, and an assessment of the consistency of such recommendations with the international obligations and commitments of the United States.
SEC. 123. INSPECTION OF CAR FERRIES ENTERING FROM ABROAD.
Not later than 120 days after the date of the enactment of this Act, the Secretary, acting through the Commissioner, and in coordination with the Secretary of State and in cooperation with ferry operators and appropriate foreign government officials, shall seek to develop a plan for the inspection of passengers and vehicles before such passengers board, or such vehicles are loaded onto, a ferry bound for a United States seaport.
SEC. 124. RANDOM SEARCHES OF CONTAINERS.
Not later than 1 year after the date of the enactment of this Act, the Secretary, acting through the Commissioner, shall develop and implement a plan, utilizing best practices for empirical scientific research design and random sampling, to conduct random searches of containers in addition to any targeted or preshipment inspection of such containers required by law or regulation or conducted under any other program conducted by the Secretary. Nothing in this section shall be construed to mean that implementation of the random sampling plan precludes additional searches of containers not inspected pursuant to the plan.
SEC. 125. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.
Section 70101(6) of title 46, United States Code, is amended by adding at the end the following: ``In this paragraph, the term `economic disruption' does not include a work stoppage or other nonviolent employee-related action not related to terrorism and resulting from an employee-employer dispute.''.
SEC. 126. THREAT ASSESSMENT SCREENING OF PORT TRUCK DRIVERS.
Subject to the availability of appropriations, within 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall implement a threat assessment screening, including name-based checks against terrorist watch lists and immigration status check, for all port truck drivers that is the same as the threat assessment screening required for facility employees and longshoremen by the Commandant of the Coast Guard under Coast Guard Notice USCG-2006-24189 (Federal Register, Vol. 71, No. 82, Friday, April 28, 2006).
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Subtitle A--General Provisions
SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN.
(a) Strategic Plan.--The Secretary, in consultation with appropriate Federal, State, local, and tribal government agencies and private-sector stakeholders responsible for security matters that affect or relate to the movement of containers through the international supply chain, shall develop, implement, and update, as appropriate, a strategic plan to enhance the security of the international supply chain.
(b) Requirements.--The strategic plan required under subsection (a) shall--
(1) describe the roles, responsibilities, and authorities of Federal, State, local, and tribal government agencies and private-sector stakeholders that relate to the security of the movement of containers through the international supply chain;
(2) identify and address gaps and unnecessary overlaps in the roles, responsibilities, or authorities described in paragraph (1);
(3) identify and make recommendations regarding legislative, regulatory, and organizational changes necessary to improve coordination among the entities or to enhance the security of the international supply chain;
(4) provide measurable goals, including objectives, mechanisms, and a schedule, for furthering the security of commercial operations from point of origin to point of destination;
(5) build on available resources and consider costs and benefits;
(6) provide incentives for additional voluntary measures to enhance cargo security, as determined by the Commissioner;
(7) consider the impact of supply chain security requirements on small and medium size companies;
(8) include a process for sharing intelligence and information with private-sector stakeholders to assist in their security efforts;
(9) identify a framework for prudent and measured response in the event of a transportation security incident involving the international supply chain;
(10) provide protocols for the expeditious resumption of the flow of trade in accordance with section 202, including--
(A) the identification of the appropriate initial incident commander, if the Commandant of the Coast Guard is not the appropriate initial incident commander, and lead departments, agencies, or offices to execute such protocols;
(B) a plan to redeploy resources and personnel, as necessary, to reestablish the flow of trade in the event of a transportation disruption; and
(C) a plan to provide training for the periodic instruction of personnel of the United States Customs and Border Protection in trade resumption functions and responsibilities following a transportation disruption;
(11) consider the linkages between supply chain security and security programs within other systems of movement, including travel security and terrorism finance programs; and
(12) expand upon and relate to existing strategies and plans, including the National Response Plan, National Maritime Transportation Security Plan, and the 8 supporting plans of the Strategy, as required by Homeland Security Presidential Directive 13.
(c) Consultation.--In developing protocols under subsection
(b)(10), the Secretary shall consult with Federal, State, local, and private sector stakeholders, including the National Maritime Security Advisory Committee and the Commercial Operations Advisory Committee.
(d) Communication.--To the extent practicable, the strategic plan developed under subsection (a) shall provide for coordination with, and lines of communication among, appropriate Federal, State, local, and private-sector stakeholders on law enforcement actions, intermodal rerouting plans, and other strategic infrastructure issues resulting from a transportation security incident or transportation disruption.
(e) Utilization of Advisory Committees.--As part of the consultations described in subsection (a), the Secretary shall, to the extent practicable, utilize the Homeland Security Advisory Committee, the National Maritime Security Advisory Committee, and the Commercial Operations Advisory Committee to review, as necessary, the draft strategic plan and any subsequent updates to the strategic plan.
(f) International Standards and Practices.--In furtherance of the strategic plan required under subsection (a), the Secretary is encouraged to consider proposed or established standards and practices of foreign governments and international organizations, including the International Maritime Organization, the World Customs Organization, and the International Organization for Standardization, as appropriate, to establish standards and best practices for the security of containers moving through the international supply chain.
(g) Report.--
(1) Initial report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that contains the strategic plan required by subsection (a).
(2) Final report.--Not later than 3 years after the date on which the strategic plan is submitted under paragraph (1), the Secretary shall submit a report to the appropriate congressional committees that contains an update of the strategic plan.
SEC. 202. POST INCIDENT RESUMPTION OF TRADE.
(a) In General.--Except as otherwise determined by the Secretary, in the event of a maritime transportation disruption or a maritime transportation security incident, the initial incident commander and the lead department, agency, or office for carrying out the strategic plan required under section 201 shall be determined by the protocols required under section 201(b)(10).
(b) Vessels.--The Commandant of the Coast Guard shall, to the extent practicable and consistent with the protocols and plans required under paragraphs (10) and (12) of section 201(b), ensure the safe and secure transit of vessels to ports in the United States after a maritime transportation security incident, with priority given to vessels carrying cargo determined by the President to be critical for response and recovery from such a disruption or incident, and to vessels that--
(1) have either a vessel security plan approved under section 70103(c) of title 46, United States Code, or a valid international ship security certificate, as provided under part 104 of title 33, Code of Federal Regulations;
(2) are manned by individuals who are described in section 70105(b)(2)(B) of title 46, United States Code, and who--
(A) have undergone a background records check under section 70105(d) of title 46, United States Code; or
(B) hold a transportation security card issued under section 70105 of title 46, United States Code; and
(3) are operated by validated participants in the Customs-Trade Partnership Against Terrorism program.
(c) Cargo.--Consistent with the protocols and plans required under paragraphs (10) and (12) of section 201(b), the Commissioner shall give preference to cargo--
(1) entering a port of entry directly from a foreign seaport designated under the Container Security Initiative;
(2) determined by the President to be critical for response and recovery;
(3) that has been handled by a validated C-TPAT participant; or
(4) that has undergone (A) a nuclear or radiological detection scan, (B) an x-ray, density or other imaging scan, and (C) an optical recognition scan, at the last port of departure prior to arrival in the United States, which data has been evaluated and analyzed by United States Customs and Border Protection personnel.
(d) Coordination.--The Secretary shall ensure that there is appropriate coordination among the Commandant of the Coast Guard, the Commissioner, and other Federal officials following a maritime disruption or maritime transportation security incident in order to provide for the resumption of trade.
(e) Communication.--Consistent with section 201 of this Act, the Commandant of the Coast Guard, Commissioner, and other appropriate Federal officials, shall promptly communicate any revised procedures or instructions intended for the private sector following a maritime disruption or maritime transportation security incident.
SEC. 203. AUTOMATED TARGETING SYSTEM.
(a) In General.--The Secretary, acting through the Commissioner, shall--
(1) identify and seek the submission of data related to the movement of a shipment of cargo through the international supply chain; and
(2) analyze the data described in paragraph (1) to identify high-risk cargo for inspection.
(b) Consideration.--The Secretary, acting through the Commissioner, shall--
(1) consider the cost, benefit, and feasibility of--
(A) requiring additional nonmanifest documentation;
(B) reducing the time period allowed by law for revisions to a container cargo manifest;
(C) reducing the time period allowed by law for submission of certain elements of entry data, for vessel or cargo; and
(D) such other actions the Secretary considers beneficial for improving the information relied upon for the Automated Targeting System and any successor targeting system in furthering the security and integrity of the international supply chain; and
(2) consult with stakeholders, including the Commercial Operations Advisory Committee, and identify to them the need for such information, and the appropriate timing of its submission.
(c) Determination.--Upon the completion of the process under subsection (b), the Secretary, acting through the Commissioner, may require importers to submit certain elements of non-manifest or other data about a shipment bound for the United States not later than 24 hours before loading a container on a vessel at a foreign port bound for the United States.
(d) System Improvements.--The Secretary, acting through the Commissioner, shall--
(1) conduct, through an independent panel, a review of the effectiveness and capabilities of the Automated Targeting System;
(2) consider future iterations of the Automated Targeting System;
(3) ensure that the Automated Targeting System has the capability to electronically compare manifest and other available data for cargo entered into or bound for the United States to detect any significant anomalies between such data and facilitate the resolution of such anomalies; and
(4) ensure that the Automated Targeting System has the capability to electronically identify, compile, and compare select data elements for cargo entered into or bound for the United States following a maritime transportation security incident, in order to efficiently identify cargo for increased inspection or expeditious release.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to the United States Customs and Border Protection in the Department of Homeland Security to carry out the Automated Targeting System for identifying high-risk oceanborne container cargo for inspection--
(A) $33,200,000 for fiscal year 2008;
(B) $35,700,000 for fiscal year 2009; and
(C) $37,485,000 for fiscal year 2010.
(2) Supplement for other funds.--The amounts authorized by this subsection shall be in addition to any other amount authorized to be appropriated to carry out the Automated Targeting System.
SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.
(a) Establishment.--
(1) In general.--Not later than 60 days after the date of the enactment of this Act, the Secretary shall initiate a rulemaking proceeding to establish minimum standards and procedures for securing containers in transit to an importer in the United States.
(2) Interim rule.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue an interim final rule pursuant to the proceeding described in paragraph (1).
(3) Missed deadline.--If the Secretary is unable to meet the deadline established pursuant to paragraph (2), the Secretary shall transmit a letter to the appropriate congressional committees explaining why the Secretary is unable to meet that deadline and describing what must be done before such minimum standards and procedures can be established.
(b) Review and Enhancement.--The Secretary shall regularly review and enhance the standards and procedures established pursuant to subsection (a).
(c) International Cargo Security Standards.--The Secretary, in consultation with the Secretary of State, the Secretary of Energy, and other government officials, as appropriate, and with the Commercial Operations Advisory Committee, the Homeland Security Advisory Committee, and the National Maritime Security Advisory Committee, is encouraged to promote and establish international standards for the security of containers moving through the international supply chain with foreign governments and international organizations, including the International Maritime Organization and the World Customs Organization.
SEC. 205. CONTAINER SECURITY INITIATIVE.
(a) Establishment.--The Secretary, acting through the Commissioner, shall establish and implement a program
(referred to in this section as the ``Container Security Initiative'') to identify and examine or search maritime containers that pose a security risk before loading such containers in a foreign port for shipment to the United States, either directly or through a foreign port.
(b) Assessment.--The Secretary, acting through the Commissioner, may designate foreign seaports to participate in the Container Security Initiative after the Secretary has assessed the costs, benefits, and other factors associated with such designation, including--
(1) the level of risk for the potential compromise of containers by terrorists, or other threats as determined by the Secretary;
(2) the volume and value of cargo being imported to the United States directly from, or being transshipped through, the foreign seaport;
(3) the results of the Coast Guard assessments conducted pursuant to section 70108 of title 46, United States Code;
(4) the commitment of the government of the country in which the foreign seaport is located to cooperate with the Department to carry out the Container Security Initiative; and
(5) the potential for validation of security practices at the foreign seaport by the Department.
(c) Notification.--The Secretary shall notify the appropriate congressional committees of the designation of a foreign port under the Container Security Initiative or the revocation of such a designation before notifying the public of such designation or revocation.
(d) Negotiations.--The Secretary, in cooperation with the Secretary of State and in consultation with the United States Trade Representative, may enter into negotiations with the government of each foreign nation in which a seaport is designated under the Container Security Initiative to ensure full compliance with the requirements under the Container Security Initiative.
(e) Overseas Inspections.--The Secretary shall establish minimum technical capability criteria and standard operating procedures for the use of nonintrusive imaging and radiation detection equipment in conjunction with the Container Security Initiative and shall monitor operations at foreign seaports designated under the Container Security Initiative to ensure the use of such criteria and procedures. Such criteria and procedures--
(1) shall be consistent with relevant standards and procedures utilized by other Federal departments or agencies, or developed by international bodies if the United States consents to such standards and procedures;
(2) shall not apply to activities conducted under the Megaports Initiative of the Department of Energy;
(3) shall not be designed to endorse the product or technology of any specific company or to conflict with the sovereignty of a country in which a foreign seaport designated under the Container Security Initiative is located; and
(4) shall be applied to the equipment operated at each foreign seaport designated under the Container Security Initiative, except as provided under paragraph (2).
(f) Savings Provision.--The authority of the Secretary under this section shall not affect any authority or duplicate any efforts or responsibilities of the Federal Government with respect to the deployment of radiation detection equipment outside of the United States.
(g) Coordination.--The Secretary shall coordinate with the Secretary of Energy to--
(1) provide radiation detection equipment required to support the Container Security Initiative through the Department of Energy's Second Line of Defense and Megaports programs; or
(2) work with the private sector to obtain radiation detection equipment that meets both the Department's and the Department of Energy's technical specifications for such equipment.
(h) Staffing.--The Secretary shall develop a human capital management plan to determine adequate staffing levels in the United States and in foreign seaports including, as appropriate, the remote location of personnel in countries in which foreign seaports are designated under the Container Security Initiative.
(i) Annual Discussions.--The Secretary, in coordination with the appropriate Federal officials, shall hold annual discussions with foreign governments of countries in which foreign seaports designated under the Container Security Initiative are located regarding best practices, technical assistance, training needs, and technological developments that will assist in ensuring the efficient and secure movement of international cargo.
(j) Lesser Risk Port.--The Secretary, acting through the Commissioner, may treat cargo loaded in a foreign seaport designated under the Container Security Initiative as presenting a lesser risk than similar cargo loaded in a foreign seaport that is not designated under the Container Security Initiative, for the purpose of clearing such cargo into the United States.
(k) Report.--
(1) In general.--Not later than September 30, 2007, the Secretary, acting through the Commissioner, shall, in consultation with other appropriate government officials and the Commercial Operations Advisory Committee, submit a report to the appropriate congressional committee on the effectiveness of, and the need for any improvements to, the Container Security Initiative. The report shall include--
(A) a description of the technical assistance delivered to, as well as needed at, each designated seaport;
(B) a description of the human capital management plan at each designated seaport;
(C) a summary of the requests made by the United States to foreign governments to conduct physical or nonintrusive inspections of cargo at designated seaports, and whether each such request was granted or denied by the foreign government;
(D) an assessment of the effectiveness of screening, scanning, and inspection protocols and technologies utilized at designated seaports and the effect on the flow of commerce at such seaports, as well as any recommendations for improving the effectiveness of screening, scanning, and inspection protocols and technologies utilized at designated seaports;
(E) a description and assessment of the outcome of any security incident involving a foreign seaport designated under the Container Security Initiative; and
(F) a summary and assessment of the aggregate number and extent of trade compliance lapses at each seaport designated under the Container Security Initiative.
(2) Updated report.--Not later than September 30, 2010, the Secretary, acting through the Commissioner, shall, in consultation with other appropriate government officials and the Commercial Operations Advisory Committee, submit an updated report to the appropriate congressional committees on the effectiveness of, and the need for any improvements to, the Container Security Initiative. The updated report shall address each of the elements required to be included in the report provided for under paragraph (1).
(l) Authorization of Appropriations.--There are authorized to be appropriated to the United States Customs and Border Protection in the Department of Homeland Security to carry out the provisions of this section--
(1) $144,000,000 for fiscal year 2008;
(2) $146,000,000 for fiscal year 2009; and
(3) $153,300,000 for fiscal year 2010.
Subtitle B--Customs-Trade Partnership Against Terrorism
SEC. 211. ESTABLISHMENT.
(a) Establishment.--The Secretary, acting through the Commissioner, is authorized to establish a voluntary government-private sector program (to be known as the
``Customs-Trade Partnership Against Terrorism'' or ``C-TPAT'') to strengthen and improve the overall security of the international supply chain and United States border security, and to facilitate the movement of secure cargo through the international supply chain, by providing benefits to participants meeting or exceeding the program requirements. Participants in C-TPAT shall include tier 1 participants, tier 2 participants, and tier 3 participants.
(b) Minimum Security Requirements.--The Secretary, acting through the Commissioner, shall review the minimum security requirements of C-TPAT at least once every year and update such requirements as necessary.
SEC. 212. ELIGIBLE ENTITIES.
Importers, customs brokers, forwarders, air, sea, land carriers, contract logistics providers, and other entities in the international supply chain and intermodal transportation system are eligible to apply to voluntarily enter into partnerships with the Department under C-TPAT.
SEC. 213. MINIMUM REQUIREMENTS.
An applicant seeking to participate in C-TPAT shall--
(1) demonstrate a history of moving cargo in the international supply chain;
(2) conduct an assessment of its supply chain based upon security criteria established by the Secretary, acting through the Commissioner, including--
(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;
(3) implement and maintain security measures and supply chain security practices meeting security criteria established by the Commissioner; and
(4) meet all other requirements established by the Commissioner in consultation with the Commercial Operations Advisory Committee.
SEC. 214. TIER 1 PARTICIPANTS IN C-TPAT.
(a) Benefits.--The Secretary, acting through the Commissioner, shall offer limited benefits to a tier 1 participant who has been certified in accordance with the guidelines referred to in subsection (b). Such benefits may include a reduction in the score assigned pursuant to the Automated Targeting System of not greater than 20 percent of the high risk threshold established by the Secretary.
(b) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Commissioner, shall update the guidelines for certifying a C-TPAT participant's security measures and supply chain security practices under this section. Such guidelines shall include a background investigation and extensive documentation review.
(c) Time Frame.--To the extent practicable, the Secretary, acting through the Commissioner, shall complete the tier 1 certification process within 90 days of receipt of an application for participation in C-TPAT.
SEC. 215. TIER 2 PARTICIPANTS IN C-TPAT.
(a) Validation.--The Secretary, acting through the Commissioner, shall validate the security measures and supply chain security practices of a tier 1 participant in accordance with the guidelines referred to in subsection (c). Such validation shall include on-site assessments at appropriate foreign locations utilized by the tier 1 participant in its supply chain and shall, to the extent practicable, be completed not later than 1 year after certification as a tier 1 participant.
(b) Benefits.--The Secretary, acting through the Commissioner, shall extend benefits to each C-TPAT participant that has been validated as a tier 2 participant under this section, which may include--
(1) reduced scores in the Automated Targeting System;
(2) reduced examinations of cargo; and
(3) priority searches of cargo.
(c) Guidelines.--Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the Commissioner, shall develop a schedule and update the guidelines for validating a participant's security measures and supply chain security practices under this section.
SEC. 216. TIER 3 PARTICIPANTS IN C-TPAT.
(a) In General.--The Secretary, acting through the Commissioner, shall establish a third tier of C-TPAT participation that offers additional benefits to participants who demonstrate a sustained commitment to maintaining security measures and supply chain security practices that exceed the guidelines established for validation as a tier 2 participant in C-TPAT under section 215 of this Act.
(b) Criteria.--The Secretary, acting through the Commissioner, shall designate criteria for validating a C-TPAT participant as a tier 3 participant under this section. Such criteria may include--
(1) compliance with any additional guidelines established by the Secretary that exceed the guidelines established pursuant to section 215 of this Act for validating a C-TPAT participant as a tier 2 participant, particularly with respect to controls over access to cargo throughout the supply chain;
(2) voluntary submission of additional information regarding cargo prior to loading, as determined by the Secretary;
(3) utilization of container security devices and technologies that meet standards and criteria established by the Secretary; and
(4) compliance with any other cargo requirements established by the Secretary.
(c) Benefits.--The Secretary, acting through the Commissioner, in consultation with the Commercial Operations Advisory Committee and the National Maritime Security Advisory Committee, shall extend benefits to each C-TPAT participant that has been validated as a tier 3 participant under this section, which may include--
(1) the expedited release of a tier 3 participant's cargo in destination ports within the United States during all threat levels designated by the Secretary;
(2) in addition to the benefits available to tier 2 participants--
(A) further reduction in examinations of cargo;
(B) priority for examinations of cargo; and
(C) further reduction in the risk score assigned pursuant to the Automated Targeting System;
(3) notification of specific alerts and post-incident procedures to the extent such notification does not compromise the security interests of the United States; and
(4) inclusion in joint incident management exercises, as appropriate.
(d) Deadline.--Not later than 2 years after the date of the enactment of this Act, the Secretary, acting through the Commissioner, shall designate appropriate criteria pursuant to subsection (b) and provide benefits to validated tier 3 participants pursuant to subsection (c).
SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.
(a) In General.--If at any time a C-TPAT participant's security measures and supply chain security practices fail to meet any of the requirements under this subtitle, the Commissioner may deny the participant benefits otherwise available under this subtitle, in whole or in part.
(b) False or Misleading Information.--If a C-TPAT participant knowingly provides false or misleading information to the Commissioner during the validation process provided for under this subtitle, the Commissioner shall suspend or expel the participant from C-TPAT for an appropriate period of time. The Commissioner may publish in the Federal Register a list of participants who have been suspended or expelled from C-TPAT pursuant to this subsection, and may make such list available to C-TPAT participants.
(c) Right of Appeal.--
(1) In general.--A C-TPAT participant may appeal a decision of the Commissioner pursuant to subsection (a). Such appeal shall be filed with the Secretary not later than 90 days after the date of the decision, and the Secretary shall issue a determination not later than 180 days after the appeal is filed.
(2) Appeals of other decisions.--A C-TPAT participant may appeal a decision of the Commissioner pursuant to subsection
(b). Such appeal shall be filed with the Secretary not later than 30 days after the date of the decision, and the Secretary shall issue a determination not later than 180 days after the appeal is filed.
SEC. 218. REVALIDATION.
The Secretary, acting through the Commissioner, shall develop and implement--
(1) a revalidation process for tier 2 and tier 3 participants;
(2) a framework based upon objective criteria for identifying participants for periodic revalidation not less frequently than once during each 5-year period following the initial validation; and
(3) an annual plan for revalidation that includes--
(A) performance measures;
(B) an assessment of the personnel needed to perform the revalidations; and
(C) the number of participants that will be revalidated during the following year.
SEC. 219. NONCONTAINERIZED CARGO.
The Secretary, acting through the Commissioner, shall consider the potential for participation in C-TPAT by importers of noncontainerized cargoes that otherwise meet the requirements under this subtitle.
SEC. 220. C-TPAT PROGRAM MANAGEMENT.
(a) In General.--The Secretary, acting through the Commissioner, shall establish sufficient internal quality controls and record management to support the management systems of C-TPAT. In managing the program, the Secretary shall ensure that the program includes:
(1) Strategic plan.--A 5-year plan to identify outcome-based goals and performance measures of the program.
(2) Annual plan.--An annual plan for each fiscal year designed to match available resources to the projected workload.
(3) Standardized work program.--A standardized work program to be used by agency personnel to carry out the certifications, validations, and revalidations of participants. The Secretary shall keep records and monitor staff hours associated with the completion of each such review.
(b) Documentation of Reviews.--The Secretary, acting through the Commissioner, shall maintain a record management system to document determinations on the reviews of each C-TPAT participant, including certifications, validations, and revalidations.
(c) Confidential Information Safeguards.--In consultation with the Commercial Operations Advisory Committee, the Secretary, acting through the Commissioner, shall develop and implement procedures to ensure the protection of confidential data collected, stored, or shared with government agencies or as part of the application, certification, validation, and revalidation processes.
SEC. 221. RESOURCE MANAGEMENT STAFFING PLAN.
The Secretary, acting through the Commissioner, shall--
(1) develop a staffing plan to recruit and train staff
(including a formalized training program) to meet the objectives identified in the strategic plan of the C-TPAT program; and
(2) provide cross-training in post-incident trade resumption for personnel who administer the C-TPAT program.
SEC. 222. ADDITIONAL PERSONNEL.
In each of the fiscal years 2007 through 2009, the Commissioner shall increase by not less than 50 the number of full-time personnel engaged in the validation and revalidation of C-TPAT participants (over the number of such personnel on the last day of the previous fiscal year), and shall provide appropriate training and support to such additional personnel.
SEC. 223. AUTHORIZATION OF APPROPRIATIONS.
(a) C-TPAT.--There are authorized to be appropriated to the United States Customs and Border Protection in the Department of Homeland Security to carry out the provisions of sections 211 through 221 to remain available until expended--
(1) $65,000,000 for fiscal year 2008;
(2) $72,000,000 for fiscal year 2009; and
(3) $75,600,000 for fiscal year 2010.
(b) Additional Personnel.--In addition to any monies hereafter appropriated to the United States Customs and Border Protection in the Department of Homeland Security, there are authorized to be appropriated for the purpose of meeting the staffing requirement provided for in section 222, to remain available until expended--
(1) $8,500,000 for fiscal year 2007;
(2) $17,600,000 for fiscal year 2008;
(3) $27,300,000 for fiscal year 2009;
(4) $28,300,000 for fiscal year 2010; and
(5) $29,200,000 for fiscal year 2011.
SEC. 224. REPORT TO CONGRESS.
In connection with the President's annual budget submission for the Department of Homeland Security, the Secretary shall report to the appropriate congressional committees on the progress made by the Commissioner to certify, validate, and revalidate C-TPAT participants. Such report shall be due on the same date that the President's budget is submitted to the Congress.
Subtitle C--Miscellaneous Provisions
SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.
(a) Designations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall designate 3 foreign seaports through which containers pass or are transshipped to the United States for the establishment of pilot integrated scanning systems that couple nonintrusive imaging equipment and radiation detection equipment. In making the designations under this paragraph, the Secretary shall consider 3 distinct ports with unique features and differing levels of trade volume.
(b) Collaboration and Cooperation.--
(1) In general.--The Secretary shall collaborate with the Secretary of Energy and cooperate with the private sector and the foreign government of each country in which a foreign seaport is designated pursuant to subsection (a) to implement the pilot systems.
(2) Coordination.--The Secretary shall coordinate with the Secretary of Energy to--
(A) provide radiation detection equipment required to support the pilot-integrated scanning system established pursuant to subsection (a) through the Department of Energy's Second Line of Defense and Megaports programs; or
(B) work with the private sector to obtain radiation detection equipment that meets both the Department's and the Department of Energy's technical specifications for such equipment.
(c) Implementation.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall achieve a full-scale implementation of the pilot integrated screening system, which shall--
(1) scan all containers destined for the United States that transit through the port;
(2) electronically transmit the images and information to the container security initiative personnel in the host country and customs personnel in the United States for evaluation and analysis;
(3) resolve every radiation alarm according to established Department procedures;
(4) utilize the information collected to enhance the Automated Targeting System or other relevant programs; and
(5) store the information for later retrieval and analysis.
(d) Report.--Not later than 120 days after achieving full-scale implementation under subsection (c), the Secretary, in consultation with the Secretary of Energy and the Secretary of State, shall submit a report to the appropriate congressional committees, that includes--
(1) an evaluation of the lessons derived from the pilot system implemented under this subsection;
(2) an analysis of the efficacy of the Automated Targeting System or other relevant programs in utilizing the images captured to examine high-risk containers;
(3) an evaluation of software that is capable of automatically identifying potential anomalies in scanned containers;
(4) an analysis of the need and feasibility of expanding the integrated scanning system to other container security initiative ports, including--
(A) an analysis of the infrastructure requirements;
(B) a projection of the effect on current average processing speed of containerized cargo;
(C) an evaluation of the scalability of the system to meet both current and future forecasted trade flows;
(D) the ability of the system to automatically maintain and catalog appropriate data for reference and analysis in the event of a transportation disruption;
(E) an analysis of requirements to install and maintain an integrated scanning system;
(F) the ability of administering personnel to efficiently manage and utilize the data produced by a non-intrusive scanning system;
(G) the ability to safeguard commercial data generated by, or submitted to, a non-intrusive scanning system; and
(H) an assessment of the reliability of currently available technology to implement an integrated scanning system.
(e) Implementation.--As soon as practicable and possible after the date of enactment of this Act, an integrated scanning system shall be implemented to scan all containers entering the United States prior to arrival in the United States.
SEC. 232. INTERNATIONAL COOPERATION AND COORDINATION.
(a) Inspection Technology and Training.--
(1) In general.--The Secretary, in coordination with the Secretary of State, the Secretary of Energy, and appropriate representatives of other Federal agencies, may provide technical assistance, equipment, and training to facilitate the implementation of supply chain security measures at ports designated under the Container Security Initiative and at other foreign ports, as appropriate.
(2) Acquisition and training.--Unless otherwise prohibited by law, the Secretary may--
(A) lease, loan, provide, or otherwise assist in the deployment of nonintrusive inspection and handheld radiation detection equipment at foreign land and sea ports under such terms and conditions as the Secretary prescribes, including nonreimbursable loans or the transfer of ownership of equipment; and
(B) provide training and technical assistance for domestic or foreign personnel responsible for operating or maintaining such equipment.
(b) Actions and Assistance for Foreign Ports.--Section 70110 of title 46, United States Code, is amended--
(1) by striking the section header and inserting the following:
``Sec. 70110. Actions and assistance for foreign ports''
; and
(2) by adding at the end the following:
``(e) Assistance for Foreign Ports.--
``(1) In general.--The Secretary, in consultation with the Secretary of Transportation, the Secretary of State, and the Secretary of Energy, shall identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. The Secretary shall establish a program to utilize the programs that are capable of implementing port security antiterrorism measures at ports in foreign countries that the Secretary finds, under section 70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with the Secretary of State and in consultation with the Organization of American States and the Commandant of the Coast Guard, shall place particular emphasis on utilizing programs to facilitate the implementation of port security antiterrorism measures at the ports located in the Caribbean Basin, as such ports pose unique security and safety threats to the United States due to--
``(A) the strategic location of such ports between South America and the United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of narcotics to the United States that are moved through such ports.''.
(c) Report on Security at Ports in the Caribbean Basin.--
(1) In general.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the appropriate congressional committees on the security of ports in the Caribbean Basin.
(2) Contents.--The report submitted under paragraph (1)--
(A) shall include--
(i) an assessment of the effectiveness of the measures employed to improve security at ports in the Caribbean Basin and recommendations for any additional measures to improve such security;
(ii) an estimate of the number of ports in the Caribbean Basin that will not be secured by January 1, 2007;
(iii) an estimate of the financial impact in the United States of any action taken pursuant to section 70110 of title 46, United States Code, that affects trade between such ports and the United States; and
(iv) an assessment of the additional resources and program changes that are necessary to maximize security at ports in the Caribbean Basin; and
(B) may be submitted in both classified and redacted formats.
(d) Clerical Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70110 and inserting the following:
``70110. Actions and assistance for foreign ports.''.
SEC. 233. SCREENING AND SCANNING OF CARGO CONTAINERS.
(a) 100 Percent Screening of Cargo Containers and 100 Percent Scanning of High-Risk Containers.--
(1) Screening of cargo containers.--The Secretary shall ensure that 100 percent of the cargo containers entering the United States through a seaport undergo a screening to identify high-risk containers.
(2) Scanning of high-risk containers.--The Secretary shall ensure that 100 percent of the containers that have been identified as high-risk are scanned before such containers leave a United States seaport facility.
(b) Full-Scale Implementation.--The Secretary, in coordination with the Secretary of Energy and foreign partners, shall fully deploy integrated scanning systems to scan all containers entering the United States before such containers arrive in the United States as soon as the Secretary determines that the integrated scanning system--
(1) meets the requirements set forth in section 231(c);
(2) has a sufficiently low false alarm rate for use in the supply chain;
(3) is capable of being deployed and operated at ports overseas;
(4) is capable of integrating, as necessary, with existing systems;
(5) does not significantly impact trade capacity and flow of cargo at foreign or United States ports; and
(6) provides an automated notification of questionable or high-risk cargo as a trigger for further inspection by appropriately trained personnel.
(c) Report.--Not later than 6 months after the submission of a report under section 231(d), and every 6 months thereafter, the Secretary shall submit a report to the appropriate congressional committees describing the status of full-scale deployment under subsection (b) and the cost of deploying the system at each foreign port.
SEC. 234. INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE.
(a) Finding.--Congress finds that the Coast Guard, with existing resources, is able to inspect foreign countries no more frequently than on a 4 to 5 year cycle.
(b) In General.--
(1) Resources to complete initial inspections and validation.--The Commandant of the Coast Guard shall increase the resources dedicated to the International Port Inspection Program and complete inspection of all foreign countries that trade with the United States, including the validation of compliance of such countries with the International Ship and Port Facility Security Code, not later than December 31, 2008. If the Commandant of the Coast Guard is unable to meet this objective, the Commandant of the Coast Guard shall report to Congress on the resources needed to meet the objective.
(2) Reinspection and validation.--The Commandant of the Coast Guard shall maintain the personnel and resources necessary to maintain a schedule of re-inspection of foreign countries every 2 years under the International Port Inspection Program.
(c) Authorization of Appropriations.--There are authorized to be appropriated to the Coast Guard such sums as are necessary to carry out the provisions of this section, subject to the availability of appropriations.
SEC. 235. CARGO SCREENING.
(a) Radiation Risk Reduction.--
(1) Safety protocols.--Immediately upon passage of this Act, the Secretary, in consultation with the Secretary of Labor and the Director of the National Institute of Occupational Safety and Health at the Centers for Disease Control, shall develop and implement protocols to protect the safety of port workers and the general public.
(2) Publication.--The protocols developed under paragraph
(1) shall be--
(A) published and made available for public comment; and
(B) designed to reduce the short- and long-term exposure of worker and the public to the lowest levels feasible.
(3) Report.--Not later than 1 year after the implementation of protocols under paragraph (1), the Council of the National Academy of Sciences and Director of the National Institute of Occupational Safety and Health shall each submit a report to Congress that includes--
(A) information regarding the exposure of workers and the public and the possible risk to their health and safety, if any, posed by these screening procedures; and
(B) any recommendations for modification of the cargo screening protocols to reduce exposure to ionizing or non-ionizing radiation to the lowest levels feasible.
(b) Government Responsibility.--Any employer of an employee who has an illness or injury for which exposure to ionizing or non-ionizing radiation from port cargo screening procedures required under Federal law is a contributing cause may seek, and shall receive, full reimbursement from the Federal Government for additional costs associated with such illness or injury, including costs incurred by the employer under the Longshore and Harbor Workers' Compensation Act (33 U.S.C. 901 et seq.), State workers' compensation laws, or other equivalent programs.
TITLE III--ADMINISTRATION
SEC. 301. OFFICE OF CARGO SECURITY POLICY.
(a) Establishment.--Subtitle C of title IV of the Homeland Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the following:
``SEC. 431. OFFICE OF CARGO SECURITY POLICY.
``(a) Establishment.--There is established within the Department an Office of Cargo Security Policy (referred to in this section as the `Office').
``(b) Purpose.--The Office shall--
``(1) coordinate all Department policies relating to cargo security; and
``(2) consult with stakeholders and coordinate with other Federal agencies in the establishment of standards and regulations and to promote best practices.
``(c) Director.--
``(1) Appointment.--The Office shall be headed by a Director, who shall--
``(A) be appointed by the Secretary; and
``(B) report to the Assistant Secretary for Policy.
``(2) Responsibilities.--The Director shall--
``(A) advise the Assistant Secretary for Policy in the development of Department-wide policies regarding cargo security;
``(B) coordinate all policies relating to cargo security among the agencies and offices within the Department relating to cargo security; and
``(C) coordinate the cargo security policies of the Department with the policies of other executive agencies.''.
(b) Designation of Liaison Office of Department of State.--The Secretary of State shall designate a liaison office within the Department of State to assist the Secretary, as appropriate, in negotiating cargo security related international agreements.
(c) Clerical Amendment.--The table of contents of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 430 the following:
``Sec. 431. Office of cargo security policy.''.
SEC. 302. REAUTHORIZATION OF HOMELAND SECURITY SCIENCE AND
TECHNOLOGY ADVISORY COMMITTEE.
(a) In General.--Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C. 191(j)) is amended by striking ``3 years after the effective date of this Act'' and inserting
``on December 31, 2008''.
(b) Effective Date.--The amendment made by subsection (a) shall be effective as if enacted on the date of the enactment of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).
(c) Advisory Committee.--The Assistant Secretary for Science and Technology shall utilize the Homeland Security Science and Technology Advisory Committee, as appropriate, to provide outside expertise in advancing cargo security technology.
SEC. 303. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION EFFORTS
IN FURTHERANCE OF MARITIME AND CARGO SECURITY.
(a) In General.--The Secretary shall--
(1) direct research, development, test, and evaluation efforts in furtherance of maritime and cargo security;
(2) coordinate with public and private sector entities to develop and test technologies and process innovations in furtherance of these objectives; and
(3) evaluate such technologies.
(b) Coordination.--The Secretary, in coordination with the Under Secretary for Science and Technology, the Assistant Secretary for Policy, the Chief Financial Officer, and the heads of other appropriate offices or entities of the Department, shall ensure that--
(1) research, development, test, and evaluation efforts funded by the Department in furtherance of maritime and cargo security are coordinated within the Department and with other appropriate Federal agencies to avoid duplication of efforts; and
(2) the results of such efforts are shared throughout the Department and with other Federal, State, and local agencies, as appropriate.
SEC. 304. COBRA FEES.
(a) Extension of Fees.--Subparagraphs (A) and (B)(i) of section 13031(j)(3) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A) and
(B)(i)) are amended by striking ``2014'' each place it appears and inserting ``2015''.
SEC. 305. ESTABLISHMENT OF COMPETITIVE RESEARCH PROGRAM.
(a) In General.--Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following:
``SEC. 314. COMPETITIVE RESEARCH PROGRAM.
``(a) In General.--
``(1) Establishment.--The Secretary, acting through the Under Secretary for Science and Technology, shall establish a competitive research program within the Directorate.
``(2) Director.--The program shall be headed by a Director, who shall be appointed by the Secretary. The Director shall report to the Under Secretary.
``(3) Duties of director.--In the administration of the program, the Director shall--
``(A) establish a cofunding mechanism for States with academic facilities that have not fully developed security-related science and technology to support burgeoning research efforts by the faculty or link them to established investigators;
``(B) provide for conferences, workshops, outreach, and technical assistance to researchers and institutions of higher education in States on topics related to developing science and technology expertise in areas of high interest and relevance to the Department;
``(C) monitor the efforts of States to develop programs that support the Department's mission;
``(D) implement a merit review program, consistent with program objectives, to ensure the quality of research conducted with Program funding; and
``(E) provide annual reports on the progress and achievements of the Program to the Secretary.
``(b) Assistance Under the Program.--
``(1) Scope.--The Director shall provide assistance under the program for research and development projects that are related to, or qualify as, homeland security research (as defined in section 307(a)(2)) under the program.
``(2) Form of assistance.--Assistance under the program can take the form of grants, contracts, or cooperative arrangements.
``(3) Applications.--Applicants shall submit proposals or applications in such form, at such times, and containing such information as the Director may require.
``(c) Implementation.--
``(1) Start-up phases.--For the first 3 fiscal years beginning after the date of enactment of the Border Infrastructure and Technology Integration Act of 2004, assistance under the program shall be limited to institutions of higher education located in States in which an institution of higher education with a grant from, or a contract or cooperative agreement with, the National Science Foundation under section 113 of the National Science Foundation Act of 1988 (42 U.S.C. 1862) is located.
``(2) Subsequent fiscal years.--
``(A) In general.--Beginning with the 4th fiscal year after the date of enactment of this Act, the Director shall rank order the States (excluding any noncontiguous State (as defined in section 2(14)) other than Alaska, Hawaii, the Commonwealth of Puerto Rico, and the Virgin Islands) in descending order in terms of the average amount of funds received by institutions of higher education (as that term is defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)) in each State that received financial assistance in the form of grants, contracts, or cooperative arrangements under this title during each of the preceding 3 fiscal years.
``(B) Allocation.--Beginning with the 4th fiscal year after the date of enactment of this Act, assistance under the program for any fiscal year is limited to institutions of higher education located in States in the lowest third of those ranked under subparagraph (A) for that fiscal year.
``(C) Determination of location.--For purposes of this paragraph, an institution of higher education shall be considered to be located in the State in which its home campus is located, except that assistance provided under the program to a division, institute, or other facility located in another State for use in that State shall be considered to have been provided to an institution of higher education located in that other State.
``(D) Multiyear assistance.--For purposes of this paragraph, assistance under the program that is provided on a multi-year basis shall be counted as provided in each such year in the amount so provided for that year.
``(d) Funding.--The Secretary shall ensure, subject to the availability of appropriations, that up to 5 percent of the amount appropriated for each fiscal year to the Acceleration Fund for Research and Development of Homeland Security Technologies established by section 307(c)(1) is allocated to the program established by subsection (a).
``(e) Report.--The Secretary shall submit an annual report to the appropriate congressional committees detailing the funds expended for the Acceleration Fund for Research and Development of Homeland Security Technologies established by section 307(c)(1).''.
(b) Conforming Amendment.--The table of contents of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 313 the following:
``Sec. 314. Competitive research program.''.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
SEC. 401. OFFICE OF INTERNATIONAL TRADE.
Section 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072), is amended by adding at the end the following:
``(d) Office of International Trade.--
``(1) Establishment.--There is established within the United States Customs and Border Protection an Office of International Trade that shall be headed by an Assistant Commissioner.
``(2) Transfer of assets, functions, and personnel; elimination of offices.--
``(A) Office of strategic trade.--Not later than 90 days after the date of the enactment of the Port Security Improvement Act of 2006, the Commissioner shall transfer the assets, functions, and personnel of the Office of Strategic Trade to the Office of International Trade established pursuant to paragraph (1) and the Office of Strategic Trade shall be abolished.
``(B) Office of regulations and rulings.--Not later than 90 days after the date of the enactment of the Port Security Improvement Act of 2006, the Commissioner shall transfer the assets, functions, and personnel of the Office of Regulations and Rulings to the Office of International Trade established pursuant to paragraph (1) and the Office of Regulations and Rulings shall be abolished.
``(C) Other transfers.--The Commissioner is authorized to transfer any other assets, functions, or personnel within the United States Customs and Border Protection to the Office of International Trade established pursuant to paragraph (1). Not later than 30 days after each such transfer, the Commissioner shall notify the Committee on Appropriations, the Committee on Finance, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives of the specific assets, functions, or personnel, that were transferred, and the reason for such transfer.
``(e) International Trade Policy Committee.--
``(1) Establishment.--The Commissioner shall establish an International Trade Policy Committee, to be chaired by the Commissioner, and to include the Deputy Commissioner, the Assistant Commissioner in the Office of Field Operations, the Assistant Commissioner in the Office of International Affairs, the Assistant Commissioner in the Office of International Trade, and the Director of the Office of Trade Relations.
``(2) Responsibilities.--The International Trade Policy Committee shall--
``(A) be responsible for advising the Commissioner with respect to the commercial customs and trade facilitation functions of the United States Customs and Border Protection; and
``(B) assist the Commissioner in coordinating with the Assistant Secretary for Policy regarding commercial customs and trade facilitation functions.
``(3) Annual report.--Not later than 30 days after the end of each fiscal year, the International Trade Policy Committee shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. The report shall--
``(A) detail the activities of the International Trade Policy Committee during the preceding fiscal year; and
``(B) identify the priorities of the International Trade Policy Committee for the fiscal year in which the report is filed.
``(f) International Trade Finance Committee.--
``(1) Establishment.--The Commissioner shall establish an International Trade Finance Committee, to be chaired by the Commissioner, and to include the Deputy Commissioner, the Assistant Commissioner in the Office of Finance, the Assistant Commissioner in the Office of International Trade, and the Director of the Office of Trade Relations.
``(2) Responsibilities.--The Trade Finance Committee shall be responsible for overseeing the operation of all programs and systems that are involved in the assessment and collection of duties, bonds, and other charges or penalties associated with the entry of cargo into the United States, or the export of cargo from the United States, including the administration of duty drawback and the collection of antidumping and countervailing duties.
``(3) Annual report.--Not later than 30 days after the end of each fiscal year, the Trade Finance Committee shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. The report shall--
``(A) detail the activities and findings of the Trade Finance Committee during the preceding fiscal year; and
``(B) identify the priorities of the Trade Finance Committee for the fiscal year in which the report is filed.
``(g) Definition.--In this section, the term `Commissioner' means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.''.
SEC. 402. RESOURCES.
Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended by adding at the end the following:
``(h) Resource Allocation Model.--
``(1) Resource allocation model.--Not later than June 30, 2007, and every 2 years thereafter, the Commissioner shall prepare and submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a Resource Allocation Model to determine the optimal staffing levels required to carry out the commercial operations of United States Customs and Border Protection, including commercial inspection and release of cargo and the revenue functions described in section 412(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)). The model shall comply with the requirements of section 412(b)(1) of such Act and shall take into account previous staffing models and historic and projected trade volumes and trends. The Resource Allocation Model shall apply both risk-based and random sampling approaches for determining adequate staffing needs for priority trade functions, including--
``(A) performing revenue functions;
``(B) enforcing antidumping and countervailing laws;
``(C) protecting intellectual property rights;
``(D) enforcing provisions of law relating to trade in textiles and apparel;
``(E) conducting agricultural inspections;
``(F) enforcing fines, penalties and forfeitures; and
``(G) facilitating trade.
``(2) Personnel.--
``(A) In general.--Not later than September 30, 2007, the Commissioner shall ensure that the requirements of section 412(b) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) are fully satisfied and shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding the implementation of this subparagraph.
``(B) Customs and border protection officers.--The initial Resource Allocation Model required pursuant to paragraph (1) shall provide for the hiring of a minimum of 1000 additional Customs and Border Protection Officers. The Commissioner shall hire such additional officers, subject to the appropriation of funds to pay for the salaries and expenses of such officers, of which the Commissioner shall assign--
``(i) 1 additional officer at each port of entry in the United States; and
``(ii) the balance of the additional officers authorized by this subsection among ports of entry in the United States.
``(C) Assignment.--In assigning such officers pursuant to subparagraph (B), the Commissioner shall consider the volume of trade and the incidence of nonvoluntarily disclosed customs and trade law violations in addition to security priorities among such ports of entry.
``(D) Redistribution.--Not later than September 30, 2008, the Director of Field Operations in each Field Office may, at the request of the Director of a Service Port reporting to such Field Office, direct the redistribution of the additional personnel provided for pursuant to subparagraph
(B) among the ports of entry reporting to such Field Office. The Commissioner shall promptly report any redistribution of personnel pursuant to subparagraph (B) to the Committee on Homeland Security and Governmental Affairs and Committee on Finance of the Senate, and the Committee on Homeland Security and Committee on Ways and Means of the House of Representatives.
``(3) Authorization of appropriations.--In addition to any monies hereafter appropriated to United States Customs and Border Protection in the Department of Homeland Security, there are authorized to be appropriated for the purpose of meeting the requirements of paragraph (2)(B), to remain available until expended--
``(A) $130,000,000 for fiscal year 2008.
``(B) $239,200,000 for fiscal year 2009.
``(C) $248,800,000 for fiscal year 2010.
``(D) $258,700,000 for fiscal year 2011.
``(E) $269,000,000 for fiscal year 2012.
``(4) Report.--Not later than 30 days after the end of each fiscal year, the Commissioner shall report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on the resources directed to commercial and trade facilitation functions within the Office of Field Operations for the preceding fiscal year. Such information shall be reported for each category of personnel within the Office of Field Operations.
``(5) Regulations to implement trade agreements.--Not later than 30 days after the date of the enactment of the Port Security Improvement Act of 2006, the Commissioner shall designate and maintain not less than 5 attorneys within the Office of International Trade established pursuant to section 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072) with primary responsibility for the prompt development and promulgation of regulations necessary to implement any trade agreement entered into by the United States.
``(6) Definition.--As used in this subsection, the term
`Commissioner' means the Commissioner responsible for United States Customs and Border Protection in the Department of Homeland Security.''.
SEC. 403. NEGOTIATIONS.
Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) is amended by adding at the end the following:
``(h) Customs Procedures and Commitments.--
``(1) In general.--The Secretary of Homeland Security, the United States Trade Representative, and other appropriate Federal officials, shall work through appropriate international organizations including the World Customs Organization (WCO), the World Trade Organization (WTO), the International Maritime Organization, and the Asia-Pacific Economic Cooperation, to align, to the extent practicable, customs procedures, standards, requirements, and commitments in order to facilitate the efficient flow of international trade.
``(2) United states trade representative.--
``(A) In general.--The United States Trade Representative shall seek commitments in negotiations in the WTO regarding the articles of GATT 1994 that are described in subparagraph
(B) that make progress in achieving--
``(i) harmonization of import and export data collected by WTO members for customs purposes, to the extent practicable;
``(ii) enhanced procedural fairness and transparency with respect to the regulation of imports and exports by WTO members;
``(iii) transparent standards for the efficient release of cargo by WTO members, to the extent practicable; and
``(iv) the protection of confidential commercial data.
``(B) Articles described.--The articles of the GATT 1994 described in this subparagraph are the following:
``(i) Article V (relating to transit).
``(ii) Article VIII (relating to fees and formalities associated with importation and exportation).
``(iii) Article X (relating to publication and administration of trade regulations).
``(C) GATT 1994.--The term `GATT 1994' means the General Agreement on Tariff and Trade annexed to the WTO Agreement.
``(3) Customs.--The Secretary of Homeland Security, acting through the Commissioner and in consultation with the United States Trade Representative, shall work with the WCO to facilitate the efficient flow of international trade, taking into account existing international agreements and the negotiating objectives of the WTO. The Commissioner shall work to--
``(A) harmonize, to the extent practicable, import data collected by WCO members for customs purposes;
``(B) automate and harmonize, to the extent practicable, the collection and storage of commercial data by WCO members;
``(C) develop, to the extent practicable, transparent standards for the release of cargo by WCO members;
``(D) develop and harmonize, to the extent practicable, standards, technologies, and protocols for physical or nonintrusive examinations that will facilitate the efficient flow of international trade; and
``(E) ensure the protection of confidential commercial data.
``(4) Definition.--In this subsection, the term
`Commissioner' means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.''.
SEC. 404. INTERNATIONAL TRADE DATA SYSTEM.
Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is amended by adding at the end the following:
``(d) International Trade Data System.--
``(1) Establishment.--
``(A) In general.--The Secretary of the Treasury (in this section, referred to as the `Secretary') shall oversee the establishment of an electronic trade data interchange system to be known as the `International Trade Data System' (ITDS). The ITDS shall be implemented not later than the date that the Automated Commercial Environment (commonly referred to as
`ACE') is implemented.
``(B) Purpose.--The purpose of the ITDS is to eliminate redundant information requirements, to efficiently regulate the flow of commerce, and to effectively enforce laws and regulations relating to international trade, by establishing a single portal system, operated by the United States Customs and Border Protection, for the collection and distribution of standard electronic import and export data required by all participating Federal agencies.
``(C) Participation.--
``(i) In general.--All Federal agencies that require documentation for clearing or licensing the importation and exportation of cargo shall participate in the ITDS.
``(ii) Waiver.--The Director of the Office of Management and Budget may waive, in whole or in part, the requirement for participation for any Federal agency based on the national security interests of the United States.
``(D) Consultation.--The Secretary shall consult with and assist agencies in the transition from paper to electronic format for the submission, issuance, and storage of documents relating to data required to enter cargo into the United States.
``(2) Data elements.--
``(A) In general.--The Interagency Steering Committee
(established under paragraph (3)) shall, in consultation with the agencies participating in the ITDS, define the standard set of data elements to be collected, stored, and shared in the ITDS. The Interagency Steering Committee shall periodically review the data elements in order to update the standard set of data elements, as necessary.
``(B) Commitments and obligations.--The Interagency Steering Committee shall ensure that the ITDS data requirements are compatible with the commitments and obligations of the United States as a member of the World Customs Organization (WCO) and the World Trade Organization
(WTO) for the entry and movement of cargo.
``(C) Coordination.--The Secretary shall be responsible for coordinating operation of the ITDS among the participating agencies and the office within the United States Customs and Border Protection that is responsible for maintaining the ITDS.
``(3) Interagency steering committee.--There is established an Interagency Steering Committee (in this section, referred to as the `Committee'). The members of the Committee shall include the Secretary (who shall serve as the chairperson of the Committee), the Director of the Office of Management and Budget, and the head of each agency participating in the ITDS. The Committee shall assist the Secretary in overseeing the implementation of, and participation in, the ITDS.
``(4) Report.--The Committee shall submit a report before the end of each fiscal year to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. Each report shall include information on--
``(A) the status of the ITDS implementation;
``(B) the extent of participation in the ITDS by Federal agencies;
``(C) the remaining barriers to any agency's participation;
``(D) the consistency of the ITDS with applicable standards established by the World Customs Organization and the World Trade Organization;
``(E) recommendations for technological and other improvements to the ITDS; and
``(F) the status of the development, implementation, and management of the Automated Commercial Environment within the United States Customs and Border Protection.''.
SEC. 405. IN-BOND CARGO.
Title IV of the Tariff Act of 1930 is amended by inserting after section 553 the following:
``SEC. 553A. REPORT ON IN-BOND CARGO.
``(a) Report.--Not later than June 30, 2007, the Commissioner shall submit a report to the Committees on Commerce, Science, and Transportation, Finance, and Homeland Security and Governmental Affairs of the Senate and the Committees on Homeland Security, Transportation and Infrastructure, and Ways and Means of the House of Representatives that includes--
``(1) a plan for closing in-bond entries at the port of arrival;
``(2) an assessment of the personnel required to ensure 100 percent reconciliation of in-bond entries between the port of arrival and the port of destination or exportation;
``(3) an assessment of the status of investigations of overdue in-bond shipments and an evaluation of the resources required to ensure adequate investigation of overdue in-bond shipments;
``(4) a plan for tracking in-bond cargo within the Automated Commercial Environment (ACE);
``(5) an assessment of whether any particular technologies should be required in the transport of in-bond cargo;
``(6) an assessment of whether ports of arrival should require any additional information regarding shipments of in-bond cargo;
``(7) an evaluation of the criteria for targeting and examining in-bond cargo; and
``(8) an assessment of the feasibility of reducing the transit time for in-bond shipments, including an assessment of the impact of such a change on domestic and international trade.
``(b) Definition.--The term `Commissioner' means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.''.
SEC. 406. SENSE OF THE SENATE.
It is the sense of the Senate that nothing in sections 2, 106, 111 through 113, and 201 through 232 of this Act shall be construed to affect the jurisdiction of any Standing Committee of the Senate.
SEC. 407. FOREIGN OWNERSHIP OF PORTS.
(a) In General.--On and after the date of the enactment of this Act, the United States Trade Representative may not negotiate any bilateral or multilateral trade agreement that limits the Congress in its ability to restrict the operations or ownership of United States ports by a foreign country or person.
(b) Operations and Ownership.--For purposes of this section, the term ``operations and ownership'' includes--
(1) operating and maintaining docks;
(2) loading and unloading vessels directly to or from land;
(3) handling marine cargo;
(4) operating and maintaining piers;
(5) ship cleaning;
(6) stevedoring;
(7) transferring cargo between vessels and trucks, trains, pipelines, and wharves; and
(8) waterfront terminal operations.
TITLE V--RAIL SECURITY ACT OF 2006
SEC. 501. SHORT TITLE.
This title may be cited as the ``Rail Security Act of 2006''.
SEC. 502. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability assessment.--The Under Secretary of Homeland Security for Border and Transportation Security
(referred to in this title as the ``Under Secretary''), in consultation with the Secretary of Transportation, shall conduct a vulnerability assessment of freight and passenger rail transportation (encompassing railroads, as that term is defined in section 20102(1) of title 49, United States Code), which shall include--
(A) identification and evaluation of critical assets and infrastructures;
(B) identification of threats to those assets and infrastructures;
(C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad; and
(D) identification of security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment.
(2) Existing private and public sector efforts.--The assessment conducted under this subsection shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions.
(3) Recommendations.--Based on the assessment conducted under this subsection, the Under Secretary, in consultation with the Secretary of Transportation, shall develop prioritized recommendations for improving rail security, including any recommendations the Under Secretary has for--
(A) improving the security of rail tunnels, rail bridges, rail switching and car storage areas, other rail infrastructure and facilities, information systems, and other areas identified by the Under Secretary as posing significant rail-related risks to public safety and the movement of interstate commerce, taking into account the impact that any proposed security measure might have on the provision of rail service;
(B) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures;
(C) training employees in terrorism prevention, passenger evacuation, and response activities;
(D) conducting public outreach campaigns on passenger railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs of measures that may be required to address those risks.
(b) Consultation; Use of Existing Resources.--In carrying out the assessment required by subsection (a), the Under Secretary shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, first responders, shippers of hazardous materials, public safety officials (including those within other agencies and offices within the Department of Homeland Security), and other relevant parties.
(c) Report.--
(1) Contents.--Not later than 180 days after the date of the enactment of this Act, the Under Secretary shall submit to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains--
(A) the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations;
(B) a plan, developed in consultation with the freight and intercity passenger railroads, and State and local governments, for the government to provide increased security support at high or severe threat levels of alert; and
(C) a plan for coordinating rail security initiatives undertaken by the public and private sectors.
(2) Format.--The Under Secretary may submit the report in both classified and redacted formats if the Under Secretary determines that such action is appropriate or necessary.
(d) 2-Year Updates.--The Under Secretary, in consultation with the Secretary of Transportation, shall update the assessment and recommendations every 2 years and transmit a report, which may be submitted in both classified and redacted formats, to the Committees named in subsection
(c)(1), containing the updated assessment and recommendations.
(e) Authorization of Appropriations.--There are authorized to be appropriated to the Under Secretary $5,000,000 for fiscal year 2007 to carry out this section.
SEC. 503. RAIL SECURITY.
(a) Rail Police Officers.--Section 28101 of title 49, United States Code, is amended by striking ``the rail carrier'' each place it appears and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary, shall review existing rail regulations of the Department of Transportation for the purpose of identifying areas in which those regulations need to be revised to improve rail security.
SEC. 504. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.
(a) Requirement for Study.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study of the rail passenger transportation security programs that are carried out for rail transportation systems in Japan, member nations of the European Union, and other foreign countries.
(b) Purpose.--The purpose of the study conducted under subsection (a) shall be to identify effective rail transportation security measures that are in use in foreign rail transportation systems, including innovative measures and screening procedures determined effective.
(c) Report.--The Comptroller General shall submit a report on the results of the study conducted under subsection (a) to the Committee on Commerce, Science, and Transportation and Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. The report shall include the Comptroller General's assessment regarding whether it is feasible to implement within the United States any of the same or similar security measures that are determined effective under the study.
SEC. 505. PASSENGER, BAGGAGE, AND CARGO SCREENING.
(a) Requirement for Study and Report.--The Under Secretary, in cooperation with the Secretary of Transportation, shall--
(1) conduct a study to analyze the cost and feasibility of requiring security screening for passengers, baggage, and cargo on passenger trains; and
(2) not later than 1 year after the date of the enactment of this Act, submit a report containing the results of the study and any recommendations that the Under Secretary may have for implementing a rail security screening program to--
(A) the Committee on Commerce, Science, and Transportation and the Committee of Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Transportation and Infrastructure of the House of Representatives.
(b) Pilot Program.--As part of the study conducted under subsection (a), the Under Secretary shall complete a pilot program of random security screening of passengers and baggage at 5 passenger rail stations served by Amtrak, which shall be selected by the Under Secretary. In conducting the pilot program under this subsection, the Under Secretary shall--
(1) test a wide range of explosives detection technologies, devices, and methods;
(2) require that intercity rail passengers produce government-issued photographic identification, which matches the name on the passenger's tickets before the passenger boarding a train; and
(3) attempt to give preference to locations at the highest risk of terrorist attack and achieve a distribution of participating train stations in terms of geographic location, size, passenger volume, and whether the station is used by commuter rail passengers and Amtrak passengers.
(c) Authorization of Appropriations.--There are authorized to be appropriated to the Under Secretary to carry out this section $5,000,000 for fiscal year 2007.
SEC. 506. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the Transportation Security Administration of the Department of Transportation, before or after its transfer to the Department of Homeland Security, does not apply to the extent that any such employees are responsible for implementing the provisions of this title.
SEC. 507. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation may award grants to Amtrak for the purpose of making fire and life-safety improvements to Amtrak tunnels on the Northeast Corridor in New York, New York, Baltimore, Maryland, and Washington, D.C.
(b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for the purposes of carrying out subsection (a) the following amounts:
(1) For the 6 New York tunnels, to provide ventilation, electrical, and fire safety technology upgrades, emergency communication and lighting systems, and emergency access and egress for passengers--
(A) $100,000,000 for fiscal year 2007;
(B) $100,000,000 for fiscal year 2008;
(C) $100,000,000 for fiscal year 2009; and
(D) $170,000,000 for fiscal year 2010.
(2) For the Baltimore & Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2007;
(B) $10,000,000 for fiscal year 2008;
(C) $10,000,000 for fiscal year 2009; and
(D) $17,000,000 for fiscal year 2010.
(3) For the Washington, DC Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades--
(A) $8,000,000 for fiscal year 2007;
(B) $8,000,000 for fiscal year 2008;
(C) $8,000,000 for fiscal year 2009; and
(D) $8,000,000 for fiscal year 2010.
(c) Infrastructure Upgrades.--There are authorized to be appropriated to the Secretary of Transportation $3,000,000 for fiscal year 2007 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts appropriated pursuant to this section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may not make amounts available to Amtrak for obligation or expenditure under subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the Secretary has approved, an engineering and financial plan for such projects; and
(2) unless, for each project funded under this section, the Secretary has approved a project management plan prepared by Amtrak that appropriately addresses--
(A) project budget;
(B) construction schedule;
(C) recipient staff organization;
(D) document control and record keeping;
(E) change order procedure;
(F) quality control and assurance;
(G) periodic plan updates;
(H) periodic status reports; and
(I) such other matters the Secretary determines to be appropriate.
(f) Review of Plans.--
(1) Completion.--The Secretary of Transportation shall complete the review of the plans required under paragraphs
(1) and (2) of subsection (e) and approve or disapprove the plans not later than 45 days after the date on which each such plan is submitted by Amtrak.
(2) Incomplete plans.--If the Secretary determines that a plan is incomplete or deficient--
(A) the Secretary shall notify Amtrak of the incomplete items or deficiencies; and
(B) not later than 30 days after receiving the Secretary's notification under subparagraph (A), Amtrak shall submit a modified plan for the Secretary's review.
(3) Review of modified plans.--Not later than 15 days after receiving additional information on items previously included in the plan, and not later than 45 days after receiving items newly included in a modified plan, the Secretary shall--
(A) approve the modified plan; or
(B) if the Secretary finds the plan is still incomplete or deficient--
(i) submit a report to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that identifies the portions of the plan the Secretary finds incomplete or deficient;
(ii) approve all other portions of the plan;
(iii) obligate the funds associated with those other portions; and
(iv) execute an agreement with Amtrak not later than 15 days thereafter on a process for resolving the remaining portions of the plan.
(g) Financial Contribution From Other Tunnel Users.--The Secretary of Transportation shall, taking into account the need for the timely completion of all portions of the tunnel projects described in subsection (a)--
(1) consider the extent to which rail carriers other than Amtrak use the tunnels;
(2) consider the feasibility of seeking a financial contribution from those other rail carriers toward the costs of the projects; and
(3) obtain financial contributions or commitments from such other rail carriers at levels reflecting the extent of their use of the tunnels, if feasible.
SEC. 508. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of agreement governing the roles and responsibilities of the Department of Transportation and the Department of Homeland Security, respectively, in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49, United States Code, is amended by striking ``railroad safety'' and inserting ``railroad safety, including security,''. SEC. 509. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States Code, is amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date of the enactment of the Rail Security Act of 2006, Amtrak shall submit to the Chairman of the National Transportation Safety Board and the Secretary of Transportation a plan for addressing the needs of the families of passengers involved in any rail passenger accident involving an Amtrak intercity train and resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by Amtrak under subsection (a) shall include, at a minimum, the following:
``(1) A process by which Amtrak will maintain and provide to the National Transportation Safety Board and the Secretary of Transportation, immediately upon request, a list (which is based on the best available information at the time of the request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will periodically update the list. The plan shall include a procedure, with respect to unreserved trains and passengers not holding reservations on other trains, for Amtrak to use reasonable efforts to ascertain the number and names of passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-free telephone number within 4 hours after such an accident occurs, and for providing staff, to handle calls from the families of the passengers.
``(3) A process for notifying the families of the passengers, before providing any public notice of the names of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in paragraph (2) to the family of a passenger as soon as Amtrak has verified that the passenger was aboard the train (whether or not the names of all of the passengers have been verified).
``(5) A process by which the family of each passenger will be consulted about the disposition of all remains and personal effects of the passenger within Amtrak's control; that any possession of the passenger within Amtrak's control will be returned to the family unless the possession is needed for the accident investigation or any criminal investigation; and that any unclaimed possession of a passenger within Amtrak's control will be retained by the rail passenger carrier for at least 18 months.
``(6) A process by which the treatment of the families of nonrevenue passengers will be the same as the treatment of the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate training to its employees and agents to meet the needs of survivors and family members following an accident.
``(c) Use of Information.--The National Transportation Safety Board, the Secretary of Transportation, and Amtrak may not release to any person information on a list obtained under subsection (b)(1) but may provide information on the list about a passenger to the family of the passenger to the extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable for damages in any action brought in a Federal or State court arising out of the performance of Amtrak in preparing or providing a passenger list, or in providing information concerning a train reservation, pursuant to a plan submitted by Amtrak under subsection (b), unless such liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in this section may be construed as limiting the actions that Amtrak may take, or the obligations that Amtrak may have, in providing assistance to the families of passengers involved in a rail passenger accident.
``(f) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak $500,000 for fiscal year 2007 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 of title 49, United States Code, is amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved in rail passenger accidents.''.
SEC. 510. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c), the Under Secretary may award grants, through the Secretary of Transportation, to Amtrak--
(1) to secure major tunnel access points and ensure tunnel integrity in New York, Baltimore, and Washington, D.C.;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved by the Under Secretary;
(5) to obtain train tracking and interoperable communications systems that are coordinated to the maximum extent possible;
(6) to hire additional police and security officers, including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation may not disburse funds to Amtrak for projects under subsection (a) unless--
(1) the projects are contained in a systemwide security plan approved by the Under Secretary, in consultation with the Secretary of Transportation;
(2) capital projects meet the requirements under section 507(e)(2); and
(3) the plan includes appropriate measures to address security awareness, emergency response, and passenger evacuation training.
(c) Equitable Geographic Allocation.--The Under Secretary shall ensure that, subject to meeting the highest security needs on Amtrak's entire system, stations and facilities located outside of the Northeast Corridor receive an equitable share of the security funds authorized under this section.
(d) Availability of Funds.--There are authorized to be appropriated to the Under Secretary $63,500,000 for fiscal year 2007, $30,000,000 for fiscal year 2008, and $30,000,000 for fiscal year 2009 for the purposes of carrying out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.
SEC. 511. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Under Secretary may award grants to freight railroads, the Alaska Railroad, hazardous materials shippers, owners of rail cars used in the transportation of hazardous materials, universities, colleges and research centers, State and local governments (for passenger facilities and infrastructure not owned by Amtrak), and, through the Secretary of Transportation, to Amtrak, for full or partial reimbursement of costs incurred in the conduct of activities to prevent or respond to acts of terrorism, sabotage, or other intercity passenger rail and freight rail security threats, including--
(1) security and redundancy for critical communications, computer, and train control systems essential for secure rail operations;
(2) accommodation of cargo or passenger screening equipment at the international border between the United States and Mexico or the international border between the United States and Canada;
(3) the security of hazardous material transportation by rail;
(4) secure intercity passenger rail stations, trains, and infrastructure;
(5) structural modification or replacement of rail cars transporting high hazard materials to improve their resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train operations;
(8) the sharing of intelligence and information about security threats;
(9) to obtain train tracking and interoperable communications systems that are coordinated to the maximum extent possible;
(10) to hire additional police and security officers, including canine units; and
(11) other improvements recommended by the report required under section 502(c), including infrastructure, facilities, and equipment upgrades.
(b) Accountability.--The Under Secretary shall adopt necessary procedures, including audits, to ensure that grants awarded under this section are expended in accordance with the purposes of this title and the priorities and other criteria developed by the Under Secretary.
(c) Equitable Allocation.--The Under Secretary shall equitably distribute the funds authorized by this section, taking into account geographic location, and shall encourage non-Federal financial participation in awarding grants. With respect to grants for passenger rail security, the Under Secretary shall also take into account passenger volume and whether a station is used by commuter rail passengers and intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless Amtrak meets the conditions set forth in section 510(b).
(e) Allocation Between Railroads and Others.--Unless the Under Secretary determines, as a result of the assessment required by section 502, that critical rail transportation security needs require reimbursement in greater amounts to any eligible entity, a grant may not be awarded under this section--
(1) in excess of $65,000,000 to Amtrak; or
(2) in excess of $100,000,000 for the purposes described in paragraphs (3) and (5) of subsection (a).
(f) High Hazard Materials Defined.--In this section, the term ``high hazard materials'' means poison inhalation hazard materials, class 2.3 gases, class 6.1 materials, and anhydrous ammonia.
(g) Authorization of Appropriations.--There are authorized to be appropriated to the Under Secretary $350,000,000 for fiscal year 2007 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.
SEC. 512. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Transportation may use not more than 0.5 percent of amounts made available to Amtrak for capital projects under this title--
(1) to enter into contracts for the review of proposed capital projects and related program management plans; and
(2) to oversee construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available under subsection (a) to make contracts for safety, procurement, management, and financial compliance reviews and audits of a recipient of amounts under subsection (a).
(c) Procedures for Grant Award.--The Under Secretary shall prescribe procedures and schedules for the awarding of grants under this title, including application and qualification procedures (including a requirement that the applicant have a security plan), and a record of decision on applicant eligibility. The procedures shall include the execution of a grant agreement between the grant recipient and the Under Secretary. The Under Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of the enactment of this Act.
SEC. 513. RAIL SECURITY RESEARCH AND
DEVELOPMENT.
(a) Establishment of Research and Development Program.--The Under Secretary, in conjunction with the Secretary of Transportation, shall carry out a research and development program for the purpose of improving freight and intercity passenger rail security that may include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous chemical, biological, and radioactive substances;
(2) test new emergency response techniques and technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with railroad equipment; and
(5) support enhanced security for the transportation of hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car and transmit information about the integrity of tank cars to the train crew;
(B) research to improve tank car integrity, with a focus on tank cars that carry high hazard materials (as defined in section 511(g));
(C) techniques to transfer hazardous materials from rail cars that are damaged or otherwise represent an unreasonable risk to human life or public safety;
(6) other projects recommended in the report required under section 502.
(b) Coordination With Other Research Initiatives.--The Under Secretary shall ensure that the research and development program under this section is coordinated with other research and development initiatives at the Department of Homeland Security and the Department of Transportation. The Under Secretary shall carry out any research and development project authorized under this section through a reimbursable agreement with the Secretary of Transportation if the Secretary--
(1) is already sponsoring a research and development project in a similar area; or
(2) has a unique facility or capability that would be useful in carrying out the project.
(c) Accountability.--The Under Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this title and the priorities and other criteria developed by the Under Secretary.
(d) Authorization of Appropriations.--There are authorized to be appropriated to the Under Secretary $50,000,000 in each of fiscal years 2007 and 2008 to carry out the purposes of this section. Amounts appropriated pursuant to this subsection shall remain available until expended.
SEC. 514. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.
(a) Track Standards.--Not later than 90 days after the date of the enactment of this Act, the Administrator of the Federal Railroad Administration shall--
(1) require each track owner using continuous welded rail track to include procedures to improve the identification of cracks in rail joint bars in the procedures filed with the Administration under section 213.119 of title 49, Code of Federal Regulations;
(2) instruct Administration track inspectors to obtain copies of the most recent continuous welded rail programs of each railroad within the inspectors' areas of responsibility and require that inspectors use those programs when conducting track inspections; and
(3) establish a program to--
(A) periodically review continuous welded rail joint bar inspection data from railroads and Administration track inspectors; and
(B) require railroads to increase the frequency or improve the methods of inspection of joint bars in continuous welded rail, if the Administrator determines that such increase or improvement is necessary or appropriate.
(b) Tank Car Standards.--The Administrator of the Federal Railroad Administration shall--
(1) not later than 1 year after the date of the enactment of this Act, validate the predictive model it is developing to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions; and
(2) not later than 18 months after the date of the enactment of this Act, initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars.
(c) Older Tank Car Impact Resistance Analysis and Report.--Not later than 2 years after the date of the enactment of this Act, the Administrator of the Federal Railroad Administration shall--
(1) conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989; and
(2) submit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains recommendations for measures to eliminate or mitigate the risk of catastrophic failure.
SEC. 515. NORTHERN BORDER RAIL PASSENGER REPORT.
Not later than 180 days after the date of the enactment of this Act, the Under Secretary, in consultation with the heads of other appropriate Federal departments and agencies and the National Railroad Passenger Corporation, shall submit a report to the Committee on Commerce, Science, and Transportation and Committee of Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains--
(1) a description of the current system for screening passengers and baggage on passenger rail service between the United States and Canada;
(2) an assessment of the current program to provide preclearance of airline passengers between the United States and Canada as outlined in ``The Agreement on Air Transport Preclearance between the Government of Canada and the Government of the United States of America'', dated January 18, 2001;
(3) an assessment of the current program to provide preclearance of freight railroad traffic between the United States and Canada as outlined in the ``Declaration of Principle for the Improved Security of Rail Shipments by Canadian National Railway and Canadian Pacific Railway from Canada to the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland Security and other Federal agencies towards finalizing a bilateral protocol with Canada that would provide for preclearance of passengers on trains operating between the United States and Canada;
(5) a description of legislative, regulatory, budgetary, or policy barriers within the United States Government to providing pre-screened passenger lists for rail passengers traveling between the United States and Canada to the Department of Homeland Security;
(6) a description of the position of the Government of Canada and relevant Canadian agencies with respect to preclearance of such passengers; and
(7) a draft of any changes in existing Federal law necessary to provide for pre-screening of such passengers and providing pre-screened passenger lists to the Department of Homeland Security.
SEC. 516. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL
IN COMMUNITIES WITHOUT GRADE SEPARATION.
(a) Study.--The Secretary of Homeland Security, in consultation with State and local government officials, shall conduct a study on the impact of blocked highway-railroad grade crossings on the ability of emergency responders, including ambulances and police, fire, and other emergency vehicles, to perform public safety and security duties in the event of a terrorist attack.
(b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Commerce, Science, and Transportation and Committee of Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives that contains--
(1) the findings of the study conducted under subsection
(a); and
(2) recommendations for reducing the impact of blocked crossings on emergency response.
SEC. 517. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter I of chapter 201 of title 49, United States Code, is amended by inserting after section 20115 the following:
``Sec. 20118. Whistleblower protection for rail security matters
``(a) Discrimination Against Employee.--A rail carrier engaged in interstate or foreign commerce may not discharge a railroad employee or otherwise discriminate against a railroad employee because the employee (or any person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to provide or cause to be provided, to the employer or the Federal Government information relating to a reasonably perceived threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to provide or cause to be provided, testimony before Congress or at any Federal or State proceeding regarding a reasonably perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim arising under this section is subject to resolution under section 3 of the Railway Labor Act (45 U.S.C. 153). In a proceeding by the National Railroad Adjustment Board, a division or delegate of the Board, or another board of adjustment established under such section 3 to resolve the dispute, grievance, or claim the proceeding shall be expedited and the dispute, grievance, or claim shall be resolved not later than 180 days after the filing date. If the violation is a form of discrimination that does not involve discharge, suspension, or another action affecting pay, and no other remedy is available under this subsection, the Board, division, delegate, or other board of adjustment may award the employee reasonable damages, including punitive damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in subsection (b), the procedure set forth in section 42121(b)(2)(B), including the burdens of proof, applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad carrier may not seek protection under both this section and another provision of law for the same allegedly unlawful act of the carrier.
``(e) Disclosure of Identity.--
``(1) In general.--Except as provided in paragraph (2), or with the written consent of the employee, the Secretary of Transportation may not disclose the name of an employee of a railroad carrier who has provided information about an alleged violation of this section.
``(2) Enforcement.--The Secretary shall disclose to the Attorney General the name of an employee described in paragraph (1) if the matter is referred to the Attorney General for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of title 49, United States Code, is amended by inserting after the item relating to section 20115 the following:
``Sec. 20118. Whistleblower protection for rail security matters.''.
SEC. 518. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation, in consultation with appropriate law enforcement, security, and terrorism experts, representatives of railroad carriers, and nonprofit employee organizations that represent rail workers, shall develop and issue detailed guidance for a rail worker security training program to prepare front-line workers for potential threat conditions. The guidance shall take into consideration any current security training requirements or best practices.
(b) Program Elements.--The guidance developed under subsection (a) shall include elements, as appropriate to passenger and freight rail service, that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior and passenger responses.
(7) Situational training exercises regarding various threat conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days after the Secretary of Homeland Security issues guidance under subsection (a) in final form, each railroad carrier shall develop a rail worker security training program in accordance with that guidance and submit it to the Secretary for review. Not later than 30 days after receiving a railroad carrier's program under this subsection, the Secretary shall review the program and transmit comments to the railroad carrier concerning any revisions the Secretary considers necessary for the program to meet the guidance requirements. A railroad carrier shall respond to the Secretary's comments within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary reviews the training program developed by a railroad carrier under this section, the railroad carrier shall complete the training of all front-line workers in accordance with that program. The Secretary shall review implementation of the training program of a representative sample of railroad carriers and report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security on the number of reviews conducted and the results. The Secretary may submit the report in both classified and redacted formats as necessary.
(e) Updates.--The Secretary shall update the training guidance issued under subsection (a) as appropriate to reflect new or different security threats. Railroad carriers shall revise their programs accordingly and provide additional training to their front-line workers within a reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers, train operators, other onboard employees, maintenance and maintenance support personnel, bridge tenders, as well as other appropriate employees of railroad carriers, as defined by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security shall issue guidance and best practices for a rail shipper employee security program containing the elements listed under subsection (b) as appropriate.
SEC. 519. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.
(a) In General.--The Secretary of Homeland Security, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration) and the Secretary of Transportation, shall require rail carriers transporting a high hazard material, and of a quantity equal or exceeding the quantities of such material listed in subpart 172.800, title 49, Federal Code of Regulations, to develop a high hazard material security threat mitigation plan containing appropriate measures, including alternative routing and temporary shipment suspension options, to address assessed risks to high consequence targets. The plan, and any information submitted to the Secretary under this section shall be protected as sensitive security information under the regulations prescribed under section 114(s) of title 49, United States Code.
(b) Implementation.--A high hazard material security threat mitigation plan shall be put into effect by a rail carrier for the shipment of high hazardous materials by rail on the rail carrier's right-of-way when the threat levels of the Homeland Security Advisory System are high or severe and specific intelligence of probable or imminent threat exists towards--
(1) a high-consequence target that is within the catastrophic impact zone of a railroad right-of-way used to transport high hazardous material; or
(2) rail infrastructure or operations within the immediate vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high hazard materials to the Secretary of Homeland Security within 60 days after the date of enactment of this Act;
(B) develop and submit a high hazard material security threat mitigation plan to the Secretary within 180 days after it receives the notice of high consequence targets on such routes by the Secretary; and
(C) submit any subsequent revisions to the plan to the Secretary within 30 days after making the revisions.
(2) Review and updates.--The Secretary, with assistance of the Secretary of Transportation, shall review the plans and transmit comments to the railroad carrier concerning any revisions the Secretary considers necessary. A railroad carrier shall respond to the Secretary's comments within 30 days after receiving them. Each rail carrier shall update and resubmit its plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) Catastrophic impact zone.--The term ``catastrophic impact zone'' means the area immediately adjacent to, under, or above an active railroad right-of-way used to ship high hazard materials in which the potential release or explosion of the high hazard material being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(2) High-consequence target.--The term ``high-consequence target'' means a building, buildings, infrastructure, public space, or natural resource designated by the Secretary of Homeland Security that is viable terrorist target of national significance, the attack of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and defense capabilities; or
(C) national economic harm.
(3) High hazard materials.--The term ``high hazard materials'' means quantities of poison inhalation hazard materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia that the Secretary, in consultation with the Secretary of Transportation, determines pose a security risk.
(4) Rail carrier.--The term ``rail carrier'' has the meaning given that term by section 10102(5) of title 49, United States Code.
SEC. 520. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, railroad passengers, and railroad employees can take to increase railroad system security. Such plan shall also provide outreach to railroad carriers and their employees to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve railroad security. Not later than 9 months after the date of enactment of this Act, the Secretary of Homeland Security shall implement the plan developed under this section.
SEC. 521. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with any rail security research and development program administered by the Department of Homeland Security and consistent with the results of research relating to wireless tracking technologies, the Secretary of Homeland Security, in consultation with the Assistant Secretary of Homeland Security (Transportation Security Administration), shall develop a program that will encourage the equipping of rail cars transporting high hazard materials (as defined in section 519) in quantities equal to or greater than the quantities specified in subpart 171.800 of title 49, Code of Federal Regulations, with wireless terrestrial or satellite communications technology that provides--
(A) car position location and tracking capabilities;
(B) notification of rail car depressurization, breach, or unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to coordinate the program with any ongoing or planned efforts for rail car tracking at the Department of Transportation; and
(B) ensure that the program is consistent with recommendations and findings of the Department of Homeland Security's hazardous material tank rail car tracking pilot programs.
(b) Funding.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section
$3,000,000 for each of fiscal years 2007, 2008, and 2009.
TITLE VI--NATIONAL ALERT SYSTEM
SEC. 601. SHORT TITLE.
This title may be cited as the ``Warning, Alert, and Response Network Act''.
SEC. 602. NATIONAL ALERT SYSTEM.
(a) Establishment.--There is established a National Alert System to provide a public communications system capable of alerting the public on a national, regional, or local basis to emergency situations requiring a public response.
(b) Functions.--The National Alert System--
(1) will enable any Federal, State, tribal, or local government official with credentials issued by the National Alert Office under section 603 to alert the public to any imminent threat that presents a significant risk of injury or death to the public;
(2) will be coordinated with and supplement existing Federal, State, tribal, and local emergency warning and alert systems;
(3) will be flexible enough in its application to permit narrowly targeted alerts in circumstances in which only a small geographic area is exposed or potentially exposed to the threat; and
(4) will transmit alerts across the greatest possible variety of communications technologies, including digital and analog broadcasts, cable and satellite television, satellite and terrestrial radio, wireless communications, wireline communications, and the Internet to reach the largest portion of the affected population.
(c) Capabilities.--The National Alert System--
(1) shall incorporate multiple communications technologies and be designed to adapt to, and incorporate, future technologies for communicating directly with the public;
(2) shall include mechanisms and technologies to ensure that members of the public with disabilities and older individuals (as defined in section 102(35) of the Older Americans Act of 1965 (42 U.S.C. 3002(35))) are able to receive alerts and information provided through the National Alert System;
(3) shall not interfere with existing alert, warning, priority access, or emergency communications systems employed by Federal, State, tribal, or local emergency response personnel and may utilize existing emergency alert technologies, including the NOAA All-Hazards Radio System, digital and analog broadcast, cable, and satellite television and satellite and terrestrial radio;
(4) shall not be based upon any single technology or platform, but shall be designed to provide alerts to the largest portion of the affected population feasible and improve the ability of remote areas to receive alerts;
(5) shall incorporate technologies to alert effectively underserved communities (as determined by the Commission under section 608(a) of this title);
(6) when technologically feasible shall be capable of providing information in languages other than, and in addition to, English where necessary or appropriate; and
(7) shall be designed to promote local and regional public and private partnerships to enhance community preparedness and response.
(d) Reception of Alerts.--The National Alert System shall--
(1) utilize multiple technologies for providing alerts to the public, including technologies that do not require members of the public to activate a particular device or use a particular technology to receive an alert provided via the National Alert System; and
(2) provide redundant alert mechanisms where practicable so as to reach the greatest number of people regardless of whether they have access to, or utilize, any specific medium of communication or any particular device.
(e) Emergency Alert System.--Within 1 year after the date of enactment of this Act, the Federal Communications Commission shall--
(1) ensure the President, Secretary of Homeland Security, and State Governors have access to the emergency alert system; and
(2) ensure that the Emergency Alert System can transmit in languages other than English.
SEC. 603. IMPLEMENTATION AND USE.
(a) Authority To Access System.--
(1) In general.--Within 180 days after the date of enactment of this Act, the National Alert Office shall establish a process for issuing credentials to Federal, State, tribal, or local government officials with responsibility for issuing safety warnings to the public that will enable them to access the National Alert System and preserves access to existing alert, warning, and emergency communications systems pursuant to section 602(c)(3). The Office shall approve or disapprove a request for credentials within 60 days of request by the Federal department or agency, the governor of the State or the elected leader of a federally recognized Indian tribe.
(2) Requests for credentials.--Requests for credentials from Federal, State, tribal, and local government agencies shall be submitted to the Office by the head of the Federal department or agency, or the governor of the State or the elected leader of a Federally recognized Indian tribe, concerned, for review and approval.
(3) Scope and Limitations of Credentials.--The Office shall--
(A) establish eligibility criteria for issuing, renewing, and revoking access credentials;
(B) limit credentials to appropriate geographic areas or political jurisdictions; and
(C) ensure that the credentials permit use of the National Alert System only for alerts that are consistent with the jurisdiction, authority, and basis for eligibility of the individual to whom the credentials are issued to use the National Alert System.
(4) Periodic training.--The Office shall--
(A) establish a periodic training program for Federal, State, tribal, or local government officials with credentials to use the National Alert System; and
(B) require such officials to undergo periodic training under the program as a prerequisite for retaining their credentials to use the system.
(b) Allowable Alerts.--
(1) In general.--Any alert transmitted via the National Alert System, other than an alert described in paragraph (3), shall meet 1 or more of the following requirements:
(A) An alert shall notify the public of a hazardous situation that poses an imminent threat to the public health or safety.
(B) An alert shall provide appropriate instructions for actions to be taken by individuals affected or potentially affected by such a situation.
(C) An alert shall advise individuals of public addresses by Federal, State, tribal, or local officials when related to a significant threat to public safety and transmit such addresses when practicable and technically feasible.
(D) An alert shall notify the public of when the hazardous situation has ended or has been brought under control.
(2) Event eligibility regulations.--The director of the National Alert Office, in consultation with the Working Group, shall by regulation specify--
(A) the classes of events or situations for which the National Alert System may be used to alert the public; and
(B) the content of the types of alerts that may be transmitted by or through use of the National Alert System, which may include--
(i) notifications to the public of a hazardous situation that poses an imminent threat to the public health or safety accompanied by appropriate instructions for actions to be taken by individuals affected or potentially affected by such a situation; and
(ii) when technologically feasible public addresses by Federal, State, tribal, or local officials related to a significant threat to public safety.
(3) Opt-in procedures for optional alerts.--The director of the Office, in coordination with the Working Group, may establish a procedure under which licensees who elect to participate in the National Alert System as described in subsection (d), may transmit non-emergency information via the National Alert System to individuals who request such information.
(c) Access Points.--The National Alert System shall provide--
(1) secure, widely dispersed multiple access points to Federal, State, or local government officials with credentials that will enable them to initiate alerts for transmission to the public via the National Alert System; and
(2) system redundancies to ensure functionality in the event of partial system failures, power failures, or other interruptive events.
(d) Election To Carry Service.--
(1) Amendment of license.--Within 60 days after the date on which the National Alert Office adopts relevant technical standards based on recommendations of the Working Group, the Federal Communications Commission shall initiate a proceeding and subsequently issue an order--
(A) to allow any licensee providing commercial mobile service (as defined in section 332(d)(1) of the Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit National Alert System alerts to all subscribers to, or users of, such service; and
(B) to require any such licensee who elects under paragraph
(2) not to participate in the transmission of National Alert System alerts, to provide clear and conspicuous notice at the point of sale of any devices with which its service is included, that it will not transmit National Alert System alerts via its service.
(2) Election to carry service.--
(A) In general.--Within 30 days after the Commission issues its order under paragraph (1), each such licensee shall file an election with the Commission with respect to whether or not it intends to participate in the transmission of National Alert System alerts.
(B) Participation.--If a licensee elects to participate in the transmission of National Alert System alerts, the licensee shall certify to the Commission that it will participate in a manner consistent with the standards and protocols implemented by the National Alert Office.
(C) Advertising.--Nothing in this title shall be construed to prevent a licensee from advertising that it participates in the transmission of National Alert System alerts.
(D) Withdrawal from or later entry into system.--The Commission shall establish a procedure--
(i) for a participating licensee to withdraw from the National Alert System upon notification of its withdrawal to its existing subscribers;
(ii) for a licensee to enter the National Alert System at a date later than provided in subparagraph (A); and
(iii) under which a subscriber may terminate a subscription to service provided by a licensee that withdraws from the National Alert System without penalty or early termination fee.
(E) Consumer choice technology.--Any licensee electing to participate in the transmission of National Alert System alerts may offer subscribers the capability of preventing the subscriber's device from receiving alerts broadcast by the system other than an alert issued by the President.
(3) Expansion of class of licensees participating.--The Commission, in consultation with the National Alert Office, may expand the class of licensees allowed to participate in the transmission of National Alert System alerts subject to such requirements as the Commission, in consultation with the National Alert Office, determines to be necessary or appropriate--
(A) to ensure the broadest feasible propagation of alerts transmitted by the National Alert System to the public; and
(B) to ensure that the functionality, integrity, and security of the National Alert System is not compromised.
(e) Digital Television Transmission Towers.--
(1) Retransmission capability.--Within 30 days after the date on which the National Alert Office adopts relevant technical standards based on recommendations of the Working Group, the Federal Communications Commission shall initiate a proceeding to require public broadcast television licensees and permittees to install necessary equipment and technologies on, or as part of, any broadcast television digital signal transmitter to enable the transmitter to serve as a backbone for the reception, relay, and retransmission of National Alert System alerts.
(2) Compensation.--The National Alert Office established by section 605 shall compensate any such licensee or permittee for costs incurred in complying with the requirements imposed pursuant to paragraph (1).
(f) FCC Regulation of Compliance.--Except as provided in subsections (d) and (e), the Federal Communications Commission shall have no regulatory authority under this title except to regulate compliance with this title by licensees and permittees regulated by the Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(g) Limitation of Liability.--Any person that participates in the transmission of National Alert System alerts and that meets its obligations under this title shall not be liable to any subscriber to, or user of, such person's service or equipment for--
(1) any act or omission related to or any harm resulting from the transmission of, or failure to transmit, a National Alert System alert to such subscriber or user; or
(2) for the release to a government agency or entity, public safety, fire service, law enforcement official, or emergency facility of subscriber information used in connection with delivering an alert.
(h) Testing.--The director shall establish testing criteria and guidelines for licensees that elect to participate in the transmission of National Alert System alerts.
SEC. 604. COORDINATION WITH EXISTING PUBLIC ALERT SYSTEMS AND
AUTHORITY.
(a) Existing Federal Warning System Coordination.--The director shall work with the Federal Communications Commission, the National Oceanic and Atmospheric Administration, and other relevant Federal agencies to ensure that the National Alert System--
(1) complements, rather than duplicates, existing Federal alert systems; and
(2) obtains the maximum benefit possible from the utilization of existing research and development, technologies, and processes developed for or utilized by existing Federal alert systems.
(b) Existing alert authority.--Nothing in this title shall be construed--
(1) to interfere with the authority of a Federal, State, or local government official under any other provision of law to transmit public alerts via the NOAA All-Hazards Radio System, digital and analog broadcast, cable, and satellite television and satellite and terrestrial radio, or any other emergency alert system in existence on the date of enactment of this Act;
(2) to require alerts transmitted under the authority described in paragraph (1) to comply with any standard established pursuant to section 603; or
(3) to require any Federal, State, or local government official to obtain credentials or undergo training under this title before transmitting alerts under the authority described in paragraph (1).
SEC. 605. NATIONAL ALERT OFFICE.
(a) Establishment.--
(1) In general.--The National Alert Office is established within the Department of Homeland Security.
(2) Director.--The office shall be headed by a director with at least 5 years' operational experience in the management and issuance of warnings and alerts, hazardous event management, or disaster planning. The Director shall serve under and report to the Secretary of Homeland Security or his designee.
(3) Staff.--The office shall have a staff with significant technical expertise in the communications industry and emergency public communications. The director may request the detailing of staff from any appropriate Federal department or agency in order to ensure that the concerns of all such departments and agencies are incorporated into the daily operation of the National Alert System.
(b) Functions and Responsibilities.--
(1) In general.--The Office shall administer, operate, and manage the National Alert System established under this title.
(2) Implementation of working group recommendations.--The Office shall be responsible for implementing the recommendations of the Working Group established by section 606 regarding--
(A) the technical transmission of alerts;
(B) the incorporation of new technologies into the National Alert System;
(C) the technical capabilities of the National Alert System; and
(D) any other matters that fall within the duties of the Working Group.
(3) Transmission of Alerts.--In administering the National Alert System, the director of the National Alert Office shall ensure that--
(A) the National Alert System is available to, and enables, only Federal, State, tribal, or local government officials with credentials issued by the National Alert Office under section 603 to access and utilize the National Alert System;
(B) the National Alert System is capable of providing geographically targeted alerts where such alerts are appropriate;
(C) the legitimacy and authenticity of any proffered alert is verified before it is transmitted;
(D) each proffered alert complies with formats, protocols, and other requirements established by the Office to ensure the efficacy and usefulness of alerts transmitted via the National Alert System;
(E) the security and integrity of a National Alert System alert from the point of origination to delivery is maintained; and
(F) the security and integrity of the National Alert System is maintained and protected.
(c) Reports.--
(1) Annual reports.--The director shall submit an annual report to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Homeland Security and Governmental Affairs, the House of Representatives Committee on Homeland Security, the House of Representatives Committee on Energy and Commerce, the House of Representatives Committee on Science, and the House of Representatives Committee on Transportation and Infrastructure on the status of, and plans for, the National Alert System. In the first annual report, the director shall report on--
(A) the progress made toward operational activation of the alerting capabilities of the National Alert System; and
(B) the anticipated date on which the National Alert System will be available for utilization by Federal, State, and local officials.
(2) 5-year plan.--Within 1 year after the date of enactment of this Act and every 5 years thereafter, the director shall publish a 5-year plan that outlines future capabilities and communications platforms for the National Alert System. The plan shall serve as the long-term planning document for the Office.
(d) GAO Audits.--
(1) In general.--The Comptroller General shall audit the National Alert Office every 3 years after the date of enactment of this Act and periodically thereafter and transmit the findings thereof to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Homeland Security and Governmental Affairs, the House of Representatives Committee on Homeland Security, the House of Representatives Committee on Energy and Commerce, the House of Representatives Committee on Science, and the House of Representatives Committee on Transportation and Infrastructure.
(2) Response report.--If, as a result of the audit, the Comptroller General expresses concern about any matter addressed by the audit, the director of the National Alert Office shall transmit a report to the Senate Committee on Commerce, Science, and Transportation, the Senate Committee on Homeland Security and Governmental Affairs, the House of Representatives Committee on Homeland Security, the House of Representatives Committee on Energy and Commerce, the House of Representatives Committee on Science, and the House of Representatives Committee on Transportation and Infrastructure describing what action, if any, the director is taking to respond to any such concern.
SEC. 606. NATIONAL ALERT SYSTEM WORKING GROUP.
(a) Establishment.--Not later than 60 days after the date of enactment of this Act, the director of the National Alert Office shall establish a working group, to be known as the National Alert System Working Group.
(b) Membership.--
(1) Appointment; chair.--The director shall appoint the members of the Working Group as soon as practicable after the date of enactment of this Act and shall serve as its chair. In appointing members of the Working Group, the director shall ensure that the number of members appointed under paragraph (5) provides appropriate and adequate representation for all stakeholders and interested and affected parties.
(2) Federal agency representatives.--Appropriate personnel from the National Institute of Standards and Technology, the National Oceanic and Atmospheric Administration, the Federal Communications Commission, the Federal Emergency Management Agency, the Nuclear Regulatory Commission, the Department of Justice, the National Communications System, the National Telecommunications and Information Administration, the Department of Homeland Security's Preparedness Directorate, the United States Postal Service, and other appropriate Federal agencies shall serve as members of the Working Group.
(3) State and local government representatives.--The director shall appoint representatives of State and local governments and representatives of emergency services personnel, selected from among individuals nominated by national organizations representing such governments and personnel, to serve as members of the Working Group.
(4) Tribal governments.--The director shall appoint representatives from Federally recognized Indian tribes and National Indian organizations.
(5) Subject matter experts..--The director shall appoint individuals who have the requisite technical knowledge and expertise to serve on the Working Group in the fulfillment of its duties, including representatives of--
(A) communications service providers;
(B) vendors, developers, and manufacturers of systems, facilities; equipment, and capabilities for the provision of communications services;
(C) third-party service bureaus;
(D) technical experts from the broadcasting industry;
(E) the national organization representing the licensees and permittees of noncommercial broadcast television stations;
(F) national organizations representing individuals with special needs; and
(G) other individuals with technical expertise that would enhance the National Alert System.
(c) Duties of the Working Group.--
(1) Development of system-critical recommendations.--Within 1 year after the date of enactment of this Act, the Working Group shall develop and transmit to the National Alert Office recommendations for--
(A) protocols, including formats, source or originator identification, threat severity, hazard description, and response requirements or recommendations, for alerts to be transmitted via the National Alert System that ensures that alerts are capable of being utilized across the broadest variety of communication technologies, at National, State, and local levels;
(B) procedures for verifying, initiating, modifying, and canceling alerts transmitted via the National Alert System;
(C) guidelines for the technical capabilities of the National Alert System;
(D) guidelines for technical capability that provides for the priority transmission of National Alert System alerts;
(E) guidelines for other capabilities of the National Alert System as specified in this title;
(F) standards for equipment and technologies used by the National Alert System;
(G) guidelines for the transmission of National System Alerts in languages in addition to English, to the extent practicable; and
(H) guidelines for incorporating the National Alert System into comprehensive emergency planning standards for public alert and notification and emergency public communications.
(2) Integration of emergency and national alert systems.--The Working Group shall work with the operators of nuclear power plants and other critical infrastructure facilities to integrate emergency alert systems for those facilities with the National Alert System.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Working Group shall take place not later than 60 days after the date of the enactment of this Act.
(2) Other meetings.--After the initial meeting, the Working Group shall meet at the call of the chair.
(3) Notice; open meetings.--Any meetings held by the Working Group shall be duly noticed at least 14 days in advance and shall be open to the public.
(e) Resources.--
(1) Federal agencies.--The Working Group shall have reasonable access to--
(A) materials, resources, data, and other information from the National Institute of Standards and Technology, the Department of Commerce and its agencies, the Department of Homeland Security and its bureaus, and the Federal Communications Commission; and
(B) the facilities of any such agency for purposes of conducting meetings.
(2) Gifts and grants.--The Working Group may accept, use, and dispose of gifts or grants of services or property, both real and personal, for purposes of aiding or facilitating the work of the Working Group. Gifts or grants not used at the expiration of the Working Group shall be returned to the donor or grantor.
(f) Rules.--
(1) Quorum.--One-third of the members of the Working Group shall constitute a quorum for conducting business of the Working Group.
(2) Subcommittees.--To assist the Working Group in carrying out its functions, the chair may establish appropriate subcommittees composed of members of the Working Group and other subject matter experts as deemed necessary.
(3) Additional rules.--The Working Group may adopt other rules as needed.
(g) Federal Advisory Committee Act.--Neither the Federal Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or regulation promulgated under that Act shall apply to the Working Group.
SEC. 607. RESEARCH AND DEVELOPMENT.
(a) In General.--The Undersecretary of Homeland Security for Science and Technology and the director jointly shall establish an extramural research and development program based on the recommendations of the Working Group to support the development of technology that will enable all existing and future providers of communications services and all existing and future communications devices to be utilized effectively with the National Alert System.
(b) Functions.--In carrying out subsection (a) the Undersecretary for Science and Technology and the director shall--
(1) fund research and development which may include academia, the private sector, and government laboratories; and
(2) ensure that the program addresses, at a minimum--
(A) developing innovative technologies that will transmit geographically targeted emergency messages to the public;
(B) enhancing participation in the national alert system;
(C) understanding and improving public response to warnings; and
(D) enhancing the ability of local communities to integrate the National Alert System into their overall operations management.
(c) Use of Existing Programs and Resources.--In developing the program, the Undersecretary for Science and Technology shall utilize existing expertise of the Department of Commerce, including the National Institute of Standards and Technology.
SEC. 608. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.
(a) Grant Program.--The Undersecretary of Commerce for Oceans and Atmosphere shall establish a program under which grants may be made to provide for the installation of technologies in remote communities effectively unserved by commercial mobile radio service (as determined by the Federal Communications Commission within 180 days after the date of enactment of this Act) for the purpose of enabling residents of those communities to receive National Alert System alerts.
(b) Applications and Conditions.--In conducting the program, the Undersecretary--
(1) shall establish a notification and application procedure; and
(2) may establish such conditions, and require such assurances, as may be appropriate to ensure the efficiency and integrity of the grant program.
(c) Sunset.--The Undersecretary may not make grants under subsection (a) more than 5 years after the date of enactment of this Act.
SEC. 609. PUBLIC FAMILIARIZATION, OUTREACH, AND RESPONSE
INSTRUCTIONS.
The director of the National Office, in consultation with the Working Group, shall conduct a program of public outreach to ensure that the public is aware of the National Alert System and understands its capabilities and uses for emergency preparedness and response. The program shall incorporate multiple communications technologies and methods, including inserts in packaging for wireless devices, Internet websites, and the use of broadcast radio and television Non-Commercial Sustaining Announcement Programs.
SEC. 610. ESSENTIAL SERVICES DISASTER ASSISTANCE.
Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding at the end the following:
``SEC. 425. ESSENTIAL SERVICE PROVIDERS.
``(a) Definition.--In this section, the term `essential service provider' means an entity that--
``(1) provides--
``(A) telecommunications service;
``(B) electrical power;
``(C) natural gas;
``(D) water and sewer services; or
``(E) any other essential service, as determined by the President;
``(2) is--
``(A) a municipal entity;
``(B) a nonprofit entity; or
``(C) a private, for-profit entity; and
``(3) is contributing to efforts to respond to an emergency or major disaster.
``(b) Authorization.--In an emergency or major disaster, the President may use Federal equipment, supplies, facilities, personnel, and other non-monetary resources to assist an essential service provider, in exchange for reasonable compensation.
``(c) Compensation.--
``(1) In general.--The President shall, by regulation, establish a mechanism to set reasonable compensation to the Federal Government for the provision of assistance under subsection (b).
``(2) Criteria.--The mechanism established under paragraph
(1)--
``(A) shall reflect the cost to the government (or if this is not readily obtainable, the full market value under the applicable circumstances) for assistance provided under subsection (b) in setting compensation;
``(B) shall have, to the maximum degree feasible, streamlined procedures for determining compensation; and
``(C) may, at the President's discretion, be based on a good faith estimate of cost to the government rather than an actual accounting of costs.
``(3) Periodic review.--The President shall periodically review, and if necessary revise, the regulations established pursuant to paragraphs (1) and (2) to ensure that these regulations result in full compensation to the government for transferred resources. Such reviews shall occur no less frequently than once every 2 years, and the results of such reviews shall be reported to the House Transportation and Infrastructure Committee and the Senate Homeland Security and Governmental Affairs Committee.''.
SEC. 611. DEFINITIONS.
In this title:
(1) Director.--The term ``director'' means the director of the National Alert Office.
(2) Office.--The term ``Office'' means the National Alert Office established by section 605.
(3) National Alert System.--The term ``National Alert System'' means the National Alert System established by section 602.
(4) NOAA.--The term ``NOAA'' means the National Oceanic and Atmospheric Administration.
(5) Non-commercial sustaining announcement program.--The term ``Non-Commercial Sustaining Announcement Program'' means a radio and television campaign conducted for the benefit of a nonprofit organization or government agency using unsold commercial air time donated by participating broadcast stations for use in such campaigns, and for which the campaign's sponsoring organization or agency funds the cost of underwriting programs that serve the public convenience, interest, and necessity, as described in section 307 of the Communications Act of 1934 (47 U.S.C. 307).
(6) Working group.--The term ``Working Group'' means the National Alert System Working Group on the established under section 606.
SEC. 612. SAVINGS CLAUSE.
Nothing in this title shall interfere with or supersede the authorities, missions, programs, operations, or activities of the Federal Communications Commission or the Department of Commerce, including those of the National Oceanic and Atmospheric Administration, the National Institute of Standards and Technology, and the National Telecommunications and Information Administration.
SEC. 613. FUNDING.
Funding for this title shall be provided from the Digital Transition and Public Safety Fund in accordance with section 3010 of the Digital Television Transition and Public Safety Act of 2005 (47 U.S.C. 309 note).
TITLE VII--MASS TRANSIT SECURITY
SEC. 701. SHORT TITLE.
This title may be cited as the ``Public Transportation Terrorism Prevention Act of 2006''.
SEC. 702. FINDINGS.
Congress finds that--
(1) public transportation systems throughout the world have been a primary target of terrorist attacks, causing countless death and injuries;
(2) 5,800 public transportation agencies operate in the United States;
(3) 14,000,000 people in the United States ride public transportation each work day;
(4) safe and secure public transportation systems are essential for the Nation's economy and for significant national and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements to the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect our Nation's aviation system and its 1,800,000 daily passengers;
(7) the Federal Government has allocated $250,000,000 in fiscal years 2003 through 2005 to protect public transportation systems in the United States;
(8) the Federal Government has invested $7.38 in aviation security improvements per passenger, but only $0.007 in public transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta Institute for Surface Transportation Policy Studies, the American Public Transportation Association, and many transportation experts have reported an urgent need for significant investment in public transportation security improvements; and
(10) the Federal Government has a duty to deter and mitigate, to the greatest extent practicable, threats against the Nation's public transportation systems.
SEC. 703. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of the enactment of this Act, the Federal Transit Administration of the Department of Transportation shall submit all public transportation security assessments and all other relevant information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2007, the Secretary of Homeland Security shall review and augment the security assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall use the security assessments received under paragraph (1) as the basis for allocating grant funds under section 704, unless the Secretary notifies the Committee on Banking, Housing, and Urban Affairs of the Senate that the Secretary has determined that an adjustment is necessary to respond to an urgent threat or other significant factors.
(4) Security improvement priorities.--Not later than September 30, 2007, the Secretary of Homeland Security, after consultation with the management and employee representatives of each public transportation system for which a security assessment has been received under paragraph (1) and with appropriate State and local officials, shall establish security improvement priorities that will be used by public transportation agencies for any funding provided under section 704.
(5) Updates.--Not later than July 31, 2008, and annually thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in this subsection; and
(B) conduct security assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary of Homeland Security shall use the information collected under subsection (a)--
(1) to establish the process for developing security guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public transportation systems; and
(B) maximizes the efforts of public transportation systems to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later than July 31, 2007, the Secretary of Homeland Security shall conduct security assessments, appropriate to the size and nature of each system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive funds under section 5311 of title 49, United States Code.
SEC. 704. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable capital security improvements based on the priorities established under section 703(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall award grants directly to public transportation agencies for allowable operational security improvements based on the priorities established under section 703(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation employees, including bus and rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public transportation security;
(D) canine patrols for chemical, biological, or explosives detection;
(E) overtime reimbursement for enhanced security personnel during significant national and international public events, consistent with the priorities established under section 703(a)(4); and
(F) other appropriate security improvements identified under section 703(a)(4), excluding routine, ongoing personnel costs.
(c) Coordination With State Homeland Security Plans.--In establishing security improvement priorities under section 3(a)(4) and in awarding grants for capital security improvements and operational security improvements under subsections (a) and (b), respectively, the Secretary of Homeland Security shall ensure that its actions are consistent with relevant State Homeland Security Plans.
(d) Multi-State Transportation Systems.--In cases where a public transportation system operates in more than 1 State, the Secretary of Homeland Security shall give appropriate consideration to the risks of the entire system, including those portions of the States into which the system crosses, in establishing security improvement priorities under section 3(a)(4), and in awarding grants for capital security improvements and operational security improvements under subsections (a) and (b), respectively.
(e) Congressional Notification.--Not later than 3 days before the award of any grant under this section, the Secretary of Homeland Security shall notify the Committee on Banking, Housing, and Urban Affairs of the Senate of the intent to award such grant.
(f) Public Transportation Agency Responsibilities.--Each public transportation agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security improvements;
(2) develop a comprehensive plan that demonstrates the agency's capacity for operating and maintaining the equipment purchased under this section; and
(3) report annually to the Department of Homeland Security on the use of grant funds received under this section.
(g) Return of Misspent Grant Funds.--If the Secretary of Homeland Security determines that a grantee used any portion of the grant funds received under this section for a purpose other than the allowable uses specified for that grant under this section, the grantee shall return any amount so used to the Treasury of the United States.
SEC. 705. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland Security shall ensure that the Department of Transportation receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security shall provide sufficient financial assistance for the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred to in this subsection as the ``ISAC'') established pursuant to Presidential Directive 63, to protect critical infrastructure.
(2) Public transportation agency participation.--The Secretary of Homeland Security--
(A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC;
(B) shall encourage all other public transportation agencies to participate in the ISAC; and
(C) shall not charge a fee to any public transportation agency for participating in the ISAC.
SEC. 706. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND
CONTRACTS.
(a) Grants and Contracts Authorized.--The Secretary of Homeland Security, through the Homeland Security Advanced Research Projects Agency in the Science and Technology Directorate and in consultation with the Federal Transit Administration, shall award grants or contracts to public or private entities to conduct research into, and demonstrate, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems.
(b) Use of Funds.--Grants or contracts awarded under subsection (a)--
(1) shall be coordinated with Homeland Security Advanced Research Projects Agency activities; and
(2) may be used to--
(A) research chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access;
(B) research imaging technologies;
(C) conduct product evaluations and testing; and
(D) research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that is awarded a grant or contract under this section shall report annually to the Department of Homeland Security on the use of grant or contract funds received under this section.
(d) Return of Misspent Grant or Contract Funds.--If the Secretary of Homeland Security determines that a grantee or contractor used any portion of the grant or contract funds received under this section for a purpose other than the allowable uses specified under subsection (b), the grantee or contractor shall return any amount so used to the Treasury of the United States.
SEC. 707. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30 each year, the Secretary of Homeland Security shall submit a report, containing the information described in paragraph
(2), to--
(A) the Committee on Banking, Housing, and Urban Affairs of the Senate;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1) shall include--
(A) a description of the implementation of the provisions of sections 703 through 706;
(B) the amount of funds appropriated to carry out the provisions of each of sections 703 through 706 that have not been expended or obligated; and
(C) the state of public transportation security in the United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 each year, the Secretary of Homeland Security shall submit a report to the Governor of each State with a public transportation agency that has received a grant under this title.
(2) Contents.--The report submitted under paragraph (1) shall specify--
(A) the amount of grant funds distributed to each such public transportation agency; and
(B) the use of such grant funds.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to be appropriated $2,370,000,000 for fiscal year 2007 to carry out the provisions of section 704(a), which shall remain available until expended.
(b) Operational Security Assistance Program.--There are authorized to be appropriated to carry out the provisions of section 704(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated such sums as may be necessary to carry out the provisions of section 705.
(d) Research.--There are authorized to be appropriated
$130,000,000 for fiscal year 2007 to carry out the provisions of section 706, which shall remain available until expended.
SEC. 709. SUNSET PROVISION.
The authority to make grants under this title shall expire on October 1, 2010.
TITLE VIII--DOMESTIC NUCLEAR DETECTION OFFICE
SEC. 801. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION OFFICE.
(a) Establishment of Office.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:
``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE
``SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.
``(a) Establishment.--There shall be established in the Department of Homeland Security a Domestic Nuclear Detection Office. The Secretary of Homeland Security may request that the Secretaries of Defense, Energy, and State, the Attorney General, the Nuclear Regulatory Commission, and the directors of other Federal agencies, including elements of the Intelligence Community, provide for the reimbursable detail of personnel with relevant expertise to the Office.
``(b) Director.--The Office shall be headed by a Director for Domestic Nuclear Detection, who shall be appointed by the President.
``SEC. 1802. MISSION OF OFFICE.
``(a) Mission.--The Office shall be responsible for coordinating Federal efforts to detect and protect against the unauthorized importation, possession, storage, transportation, development, or use of a nuclear explosive device, fissile material, or radiological material in the United States, and to protect against attack using such devices or materials against the people, territory, or interests of the United States and, to this end, shall--
``(1) serve as the primary entity in the United States Government to further develop, acquire, and support the deployment of an enhanced domestic system to detect and report on attempts to import, possess, store, transport, develop, or use an unauthorized nuclear explosive device, fissile material, or radiological material in the United States, and improve that system over time;
``(2) enhance and coordinate the nuclear detection efforts of Federal, State, local, and tribal governments and the private sector to ensure a managed, coordinated response;
``(3) establish, with the approval of the Secretary of Homeland Security and in coordination with the Attorney General and the Secretaries of Defense and Energy, additional protocols and procedures for use within the United States to ensure that the detection of unauthorized nuclear explosive devices, fissile material, or radiological material is promptly reported to the Attorney General, the Secretaries of Defense, Homeland Security, and Energy, and other appropriate officials or their respective designees for appropriate action by law enforcement, military, emergency response, or other authorities;
``(4) develop, with the approval of the Secretary of Homeland Security and in coordination with the Attorney General and the Secretaries of State, Defense, and Energy, an enhanced global nuclear detection architecture with implementation under which--
``(A) the Domestic Nuclear Detection Office will be responsible for the implementation of the domestic portion of the global architecture;
``(B) the Secretary of Defense will retain responsibility for implementation of Department of Defense requirements within and outside the United States; and
``(C) the Secretaries of State, Defense, and Energy will maintain their respective responsibilities for policy guidance and implementation of the portion of the global architecture outside the United States, which will be implemented consistent with applicable law and relevant international arrangements;
``(5) conduct, support, coordinate, and encourage an aggressive, expedited, evolutionary, and transformational program of research and development efforts to prevent and detect the illicit entry, transport, assembly, or potential use within the United States of a nuclear explosive device or fissile or radiological material;
``(6) support and enhance the effective sharing and use of appropriate information generated by the intelligence community, law enforcement agencies, counterterrorism community, other government agencies, and foreign governments, as well as provide appropriate information to such entities;
``(7) further enhance and maintain continuous awareness by analyzing information from all Domestic Nuclear Detection Office mission-related detection systems; and
``(8) perform other duties as assigned by the Secretary.
``SEC. 1803. HIRING AUTHORITY.
``In hiring personnel for the Office, the Secretary of Homeland Security shall have the hiring and management authorities provided in section 1101 of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; Public Law 105-261). The term of appointments for employees under subsection (c)(1) of that section may not exceed 5 years before granting any extension under subsection (c)(2) of that section.
``SEC. 1804. TESTING AUTHORITY.
``(a) In General.--The Director shall coordinate with the responsible Federal agency or other entity to facilitate the use by the Office, by its contractors, or by other persons or entities, of existing Government laboratories, centers, ranges, or other testing facilities for the testing of materials, equipment, models, computer software, and other items as may be related to the missions identified in section 1802. Any such use of Government facilities shall be carried out in accordance with all applicable laws, regulations, and contractual provisions, including those governing security, safety, and environmental protection, including, when applicable, the provisions of section 309. The Office may direct that private-sector entities utilizing Government facilities in accordance with this section pay an appropriate fee to the agency that owns or operates those facilities to defray additional costs to the Government resulting from such use.
``(b) Confidentiality of Test Results.--The results of tests performed with services made available shall be confidential and shall not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed.
``(c) Fees.--Fees for services made available under this section shall not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing.
``(d) Use of Fees.--Fees received for services made available under this section may be credited to the appropriation from which funds were expended to provide such services.
``SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.
``The authority of the Director under this title shall not affect the authorities or responsibilities of any officer of the Department of Homeland Security or of any officer of any other Department or agency of the United States with respect to the command, control, or direction of the functions, personnel, funds, assets, and liabilities of any entity within the Department of Homeland Security or any Federal department or agency.''.
(b) Technical and Conforming Amendments.--
(1) Section 103(d) of the Homeland Security Act of 2002 (6 U.S.C. 113(d)) is amended by adding at the end the following:
``(5) A Director of the Domestic Nuclear Detection Office.''.
(2) Section 302 of such Act (6 U.S.C. 182) is amended--
(A) in paragraph (2) by striking ``radiological, nuclear''; and
(B) in paragraph (5)(A) by striking ``radiological, nuclear''.
(3) Section 305 of such Act (6 U.S.C. 185) is amended by inserting ``and the Director of the Domestic Nuclear Detection Office'' after ``Technology''.
(4) Section 308 of such Act (6 U.S.C. 188) is amended in each of subsections (a) and (b)(1) by inserting ``and the Director of the Domestic Nuclear Detection Office'' after
``Technology'' each place it appears.
(5) The table of contents of such Act (6 U.S.C. 101) is amended by adding at the end the following:
``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE
``Sec. 1801. Domestic Nuclear Detection Office.
``Sec. 1802. Mission of office.
``Sec. 1803. Hiring authority.
``Sec. 1804. Testing authority.
``Sec. 1805. Relationship to other department entities and Federal agencies.''.
SEC. 802. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT
STRATEGY FOR NUCLEAR AND RADIOLOGICAL
DETECTION.
(a) In General.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, the Secretary of the Department of Energy, the Secretary of Defense, and the Director of National Intelligence shall submit to Congress a research and development investment strategy for nuclear and radiological detection.
(b) Contents.--The strategy under subsection (a) shall include--
(1) a long-term technology roadmap for nuclear and radiological detection applicable to the mission needs of the Departments of Homeland Security, Energy, and Defense, and the Office of the Director of National Intelligence;
(2) budget requirements necessary to meet the roadmap; and
(3) documentation of how the Departments of Homeland Security, Energy, and Defense, and the Office of the Director of National Intelligence will implement the intent of this title.
TITLE IX--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
SEC. 901. SHORT TITLE.
This title may be cited as the ``Transportation Security Improvement Act of 2006''.
SEC. 902. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Within one year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall--
(1) document existing and proposed routes for the transportation of radioactive and non-radioactive hazardous materials by motor carrier, and develop a framework for using a Geographic Information System-based approach to characterize routes in the National Hazardous Materials Route Registry;
(2) assess and characterize existing and proposed routes for the transportation of radioactive and non-radioactive hazardous materials by motor carrier for the purpose of identifying measurable criteria for selecting routes based on safety and security concerns;
(3) analyze current route-related hazardous materials regulations in the United States, Canada, and Mexico to identify cross-border differences and conflicting regulations;
(4) document the concerns of the public, motor carriers, and State, local, territorial, and tribal governments about the highway routing of hazardous materials for the purpose of identifying and mitigating security vulnerabilities associated with hazardous material routes;
(5) prepare guidance materials for State officials to assist them in identifying and reducing both safety concerns and security vulnerabilities when designating highway routes for hazardous materials consistent with the 13 safety-based non-radioactive materials routing criteria and radioactive materials routing criteria in Subpart C part 397 of title 49, Code of Federal Regulations;
(6) develop a tool that will enable State officials to examine potential routes for the highway transportation of hazardous material and assess specific security vulnerabilities associated with each route and explore alternative mitigation measures; and
(7) transmit to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Transportation and Infrastructure a report on the actions taken to fulfill paragraphs (1) through (6) of this subsection and any recommended changes to the routing requirements for the highway transportation of hazardous materials in part 397 of title 49, Code of Federal Regulations.
(b) Route Plans.--
(1) Assessment.--Within one year after the date of enactment of this Act, the Secretary of Transportation shall complete an assessment of the safety and national security benefits achieved under existing requirements for route plans, in written or electronic format, for explosives and radioactive materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of Transportation recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials for which such route plans are required with the percentage of recordable incidents and the severity of such incidents for shipments of explosives and radioactive materials not subject to such route plans; and
(B) quantify the security and safety benefits, feasibility, and costs of requiring each motor carrier that is required to have a hazardous material safety permit under part 385 of title 49, Code of Federal Regulations, to maintain, follow, and carry such a route plan that meets the requirements of section 397.101 of that title when transporting the type and quantity of hazardous materials described in section 385.403 of that title, taking into account the various segments of the trucking industry, including tank truck, truckload and less than truckload carriers.
(2) Report.--Within one year after the date of enactment of this Act, the Secretary of Transportation shall submit a report to the Senate Committee on Commerce, Science, and Transportation, and the House of Representatives Committee on Transportation and Infrastructure containing the findings and conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor carriers that have a hazardous material safety permit under part 385 of title 49, Code of Federal Regulations, to maintain, follow, and carry a route plan, in written or electronic format, that meets the requirements of section 397.101 of that title when transporting the type and quantity of hazardous materials described in section 385.403 of that title if the Secretary determines, under the assessment required in subsection (b), that such a requirement would enhance the security and safety of the nation without imposing unreasonable costs or burdens upon motor carriers.
SEC. 903. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications--
(1) In General.--Consistent with the findings of the Transportation Security Administration's Hazmat Truck Security Pilot Program and within 6 months after the date of enactment of this Act, the Secretary of Homeland Security, through the Transportation Security Administration and in consultation with the Secretary of Transportation, shall develop a program to encourage the equipping of motor carriers transporting high hazard materials in quantities equal to or greater than the quantities specified in subpart 171.800 of title 49, Code of Federal Regulations, with wireless communications technology that provides--
(A) continuous communications;
(B) vehicle position location and tracking capabilities; and
(C) a feature that allows a driver of such vehicles to broadcast an emergency message.
(2) Considerations.--In developing the program required by paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to coordinate the program with any ongoing or planned efforts for motor carrier tracking at the Department of Transportation;
(B) take into consideration the recommendations and findings of the report on the Hazardous Material Safety and Security Operation Field Test released by the Federal Motor Carrier Safety Administration on November 11, 2004;
(C) evaluate--
(i) any new information related to the cost and benefits of deploying and utilizing truck tracking technology for motor carriers transporting high hazard materials not included in the Hazardous Material Safety and Security Operation Field Test Report released by the Federal Motor Carrier Safety Administration on November 11, 2004;
(ii) the ability of truck tracking technology to resist tampering and disabling;
(iii) the capability of truck tracking technology to collect, display, and store information regarding the movements of shipments of high hazard materials by commercial motor vehicles;
(iv) the appropriate range of contact intervals between the tracking technology and a commercial motor vehicle transporting high hazard materials; and
(v) technology that allows the installation by a motor carrier of concealed electronic devices on commercial motor vehicles that can be activated by law enforcement authorities and alert emergency response resources to locate and recover security sensitive material in the event of loss or theft of such material.
(b) Funding.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section
$3,000,000 for each of fiscal years 2007, 2008, and 2009.
SEC. 904. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND
ENFORCEMENT.
(a) In General.--The Secretary of Homeland Security shall establish a program within the Transportation Security Administration, in consultation with the Secretary of Transportation, for reviewing hazardous materials security plans required under part 172, title 49, Code of Federal Regulations, within 180 days after the date of enactment of this Act. In establishing the program, the Secretary shall ensure that--
(1) the program does not subject carriers to unnecessarily duplicative reviews of their security plans by the 2 departments; and
(2) a common set of standards is used to review the security plans.
(b) Civil Penalty.--The failure, by a shipper, carrier, or other person subject to part 172 of title 49, Code of Federal Regulations, to comply with any applicable section of that part within 180 days after being notified by the Secretary of such failure to comply, is punishable by a civil penalty imposed by the Secretary under title 49, United States Code. For purposes of this subsection, each day of noncompliance after the 181st day following the date on which the shipper, carrier, or other person received notice of the failure shall constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of hazardous materials shippers, carriers, or other persons subject to part 172 of title 49, Code of Federal Regulations, with the provisions of that part, the Secretary shall utilize risk assessment methodologies to prioritize review and enforcement actions to the most vulnerable and critical hazardous materials transportation operations.
(d) Transportation Costs Study.--Within 1 year after the date of enactment of this Act, the Secretary of Transportation, in conjunction with the Secretary of Homeland Security, shall study to what extent the insurance, security, and safety costs borne by railroad carriers, motor carriers, pipeline carriers, air carriers, and maritime carriers associated with the transportation of hazardous materials are reflected in the rates paid by shippers of such commodities as compared to the costs and rates respectively for the transportation of non-hazardous materials.
(e) Funding.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section--
(1) $2,000,000 for fiscal year 2007;
(2) $2,000,000 for fiscal year 2008; and
(3) $2,000,000 for fiscal year 2009.
SEC. 905. TRUCK SECURITY ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Senate Committee on Commerce, Science, and Transportation, Senate Committee on Finance, the House of Representatives Committee on Transportation and Infrastructure, the House of Representatives Committee on Homeland Security, and the House of Representatives Committe on Ways and Means, a report on security issues related to the trucking industry that includes--
(1) an assessment of actions already taken to address identified security issues by both public and private entities;
(2) an assessment of the economic impact that security upgrades of trucks, truck equipment, or truck facilities may have on the trucking industry and its employees, including independent owner-operators;
(3) an assessment of ongoing research and the need for additional research on truck security; and
(4) an assessment of industry best practices to enhance security.
SEC. 906. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.
(a) Development.--The Secretary of Homeland Security, in conjunction with the Secretary of Transportation, shall consider the development of a national public sector response system to receive security alerts, emergency messages, and other information used to track the transportation of high hazard materials which can provide accurate, timely, and actionable information to appropriate first responder, law enforcement and public safety, and homeland security officials, as appropriate, regarding accidents, threats, thefts, or other safety and security risks or incidents. In considering the development of this system, they shall consult with law enforcement and public safety officials, hazardous material shippers, motor carriers, railroads, organizations representing hazardous material employees, State transportation and hazardous materials officials, private for-profit and non-profit emergency response organizations, and commercial motor vehicle and hazardous material safety groups. Consideration of development of the national public sector response system shall be based upon the public sector response center developed for the Transportation Security Administration hazardous material truck security pilot program and hazardous material safety and security operational field test undertaken by the Federal Motor Carrier Safety Administration.
(b) Capability.--The national public sector response system to be considered shall be able to receive, as appropriate--
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) Characteristics.--The national public sector response system to be considered shall--
(1) be an exception-based system;
(2) be integrated with other private and public sector operation reporting and response systems and all Federal homeland security threat analysis systems or centers
(including the National Response Center); and
(3) provide users the ability to create rules for alert notification messages.
(d) Carrier Participation.--The Secretary of Homeland Security shall coordinate with motor carriers and railroads transporting high hazard materials, entities acting on their behalf who receive communication alerts from motor carriers or railroads, or other Federal agencies that receive security and emergency related notification regarding high hazard materials in transit to facilitate the provisions of the information listed in subsection (b) to the national public sector response system to the extent possible if the system is established.
(e) Data Privacy.--The national public sector response system shall be designed to ensure appropriate protection of data and information relating to motor carriers, railroads, and employees.
(f) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security a report on whether to establish a national public sector response system and the estimated total public and private sector costs to establish and annually operate such a system, together with any recommendations for generating private sector participation and investment in the development and operation of such a system.
(g) Funding.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section--
(1) $1,000,000 for fiscal year 2007;
(2) $1,000,000 for fiscal year 2008; and
(3) $1,000,000 for fiscal year 2009.
SEC. 907. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Homeland Security shall establish a program within the Transportation Security Administration for making grants to private operators of over-the-road buses or over-the-road bus terminal operators for system-wide security improvements to their operations, including--
(1) constructing and modifying terminals, garages, facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage, or exchange of passenger and driver information through ticketing systems or otherwise, and information links with government agencies;
(4) training employees in recognizing and responding to security threats, evacuation procedures, passenger screening procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages, and over-the-road bus facilities;
(7) creating a program for employee identification or background investigation;
(8) establishing and upgrading an emergency communications system linking operational headquarters, over-the-road buses, law enforcement, and emergency personnel; and
(9) implementing and operating passenger screening programs at terminals and on over-the-road buses.
(b) Federal Share.--The Federal share of the cost for which any grant is made under this section shall be 80 percent.
(c) Due Consideration.--In making grants under this section, the Secretary shall give due consideration to private operators of over-the-road buses that have taken measures to enhance bus transportation security from those in effect before September 11, 2001, and shall prioritize grant funding based on the magnitude and severity of the security threat to bus passengers and the ability of the funded project to reduce, or respond to, that threat.
(d) Grant Requirements.--A grant under this section shall be subject to all the terms and conditions that a grant is subject to under section 3038(f) of the Transportation Equity Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 393).
(e) Plan Requirement.--
(1) In general.--The Secretary may not make a grant under this section to a private operator of over-the-road buses until the operator has first submitted to the Secretary--
(A) a plan for making security improvements described in subsection (a) and the Secretary has approved the plan; and
(B) such additional information as the Secretary may require to ensure accountability for the obligation and expenditure of amounts made available to the operator under the grant.
(2) Coordination.--To the extent that an application for a grant under this section proposes security improvements within a specific terminal owned and operated by an entity other than the applicant, the applicant shall demonstrate to the satisfaction of the Secretary that the applicant has coordinated the security improvements for the terminal with that entity.
(f) Over-the-Road Bus Defined.--In this section, the term
``over-the-road bus'' means a bus characterized by an elevated passenger deck located over a baggage compartment.
(g) Bus Security Assessment.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security a preliminary report in accordance with the requirements of this section.
(2) Contents of preliminary report.--The preliminary report shall include--
(A) an assessment of the over-the-road bus security grant program;
(B) an assessment of actions already taken to address identified security issues by both public and private entities and recommendations on whether additional safety and security enforcement actions are needed;
(C) an assessment of whether additional legislation is needed to provide for the security of Americans traveling on over-the-road buses;
(D) an assessment of the economic impact that security upgrades of buses and bus facilities may have on the over-the-road bus transportation industry and its employees;
(E) an assessment of ongoing research and the need for additional research on over-the-road bus security, including engine shut-off mechanisms, chemical and biological weapon detection technology, and the feasibility of compartmentalization of the driver; and
(F) an assessment of industry best practices to enhance security.
(3) Consultation with industry, labor, and other groups.--In carrying out this section, the Secretary shall consult with over-the-road bus management and labor representatives, public safety and law enforcement officials, and the National Academy of Sciences.
(h) Funding.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section--
(1) $12,000,000 for fiscal year 2007;
(2) $25,000,000 for fiscal year 2008; and
(3) $25,000,000 for fiscal year 2009.Amounts made available pursuant to this subsection shall remain available until expended.
SEC. 908. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary of Homeland Security, in consultation with the Secretary of Transportation and the Pipeline and Hazardous Materials Safety Administration, and in accordance with the Memorandum of Understanding Annex executed under section 909, shall develop a Pipeline Security and Incident Recovery Protocols Plan. The plan shall include--
(1) a plan for the Federal Government to provide increased security support to the most critical interstate and intrastate natural gas and hazardous liquid transmission pipeline infrastructure and operations as determined under section 909--
(A) at high or severe security threat levels of alert; and
(B) when specific security threat information relating to such pipeline infrastructure or operations exists; and
(2) an incident recovery protocol plan, developed in conjunction with interstate and intrastate transmission and distribution pipeline operators and terminals and facilities operators connected to pipelines, to develop protocols to ensure the continued transportation of natural gas and hazardous liquids to essential markets and for essential public health or national defense uses in the event of an incident affecting the interstate and intrastate natural gas and hazardous liquid transmission and distribution pipeline system, which shall include protocols for granting access to pipeline operators for pipeline infrastructure repair, replacement or bypass following an incident.
(b) Existing Private and Public Sector Efforts.--The plan shall take into account actions taken or planned by both private and public entities to address identified pipeline security issues and assess the effective integration of such actions.
(c) Consultation.--In developing the plan under subsection
(a), the Secretary of Homeland Security shall consult with the Secretary of Transportation, interstate and intrastate transmission and distribution pipeline operators, pipeline labor, first responders, shippers of hazardous materials, State Departments of Transportation, public safety officials, and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall transmit to the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Homeland Security of the House of Representatives, and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the plan required by subsection (a), along with an estimate of the private and public sector costs to implement any recommendations.
(2) Format.--The Secretary may submit the report in both classified and redacted formats if the Secretary determines that such action is appropriate or necessary.
(e) Funding.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section
$1,000,000 for fiscal year 2007.
SEC. 909. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Within 1 year after the date of enactment of this Act the Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall establish a program for reviewing pipeline operator adoption of recommendations in the September, 5, 2002, Department of Transportation Research and Special Programs Administration Pipeline Security Information Circular, including the review of pipeline security plans and critical facility inspections.
(b) Review and Inspection.--Within 9 months after the date of enactment of this Act the Secretary shall complete a review of the pipeline security plan and an inspection of the critical facilities of the 100 most critical pipeline operators covered by the September, 5, 2002, circular, where such facilities have not been inspected for security purposes since September 5, 2002, by either the Department of Homeland Security or the Department of Transportation, as determined by the Secretary in consultation with the Secretary of Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline operator compliance under subsections (a) and (b), the Secretary shall utilize risk assessment methodologies to prioritize vulnerabilities and to target inspection and enforcement actions to the most vulnerable and critical pipeline assets.
(d) Regulations.--Within 1 year after the date of enactment of this Act, the Secretary shall transmit to pipeline operators and the Secretary of Transportation security recommendations for natural gas and hazardous liquid pipelines and pipeline facilities. If the Secretary of Homeland Security determines that regulations are appropriate, the Secretary shall promulgate such regulations and carry out necessary inspection and enforcement actions. Any regulations should incorporate the guidance provided to pipeline operators by the September 5, 2002, Department of Transportation Research and Special Programs Administration's Pipeline Security Information Circular and contain additional requirements as necessary based upon the results of the inspections performed under subsection (b). The regulations shall include the imposition of civil penalties for non-compliance.
(e) Funding.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out this section--
(1) $2,000,000 for fiscal year 2007; and
(2) $2,000,000 for fiscal year 2008.
SEC. 910. TECHNICAL CORRECTIONS.
(a) Hazmat Licenses.--Section 5103a of title 49, United States Code, is amended--
(1) by inserting ``of Homeland Security'' each place it appears in subsections (a)(1), (d)(1)(b), and (e); and
(2) by redesignating subsection (h) as subsection (i) and inserting the following after subsection (g):
``(h) Relationship to Transportation Security Cards.--Upon application, a State shall issue to an individual a license to operate a motor vehicle transporting in commerce a hazardous material without the security assessment required by this section, provided the individual meets all other applicable requirements for such a license, if the Secretary of Homeland Security has previously determined, under section 70105 of title 46, United States Code, that the individual does not pose a security risk.''.
TITLE X--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``IP-Enabled Voice Communications and Public Safety Act of 2006''.
SEC. 1002. EMERGENCY SERVICE.
(a) Access to 911 Components.--Within 90 days after the date of enactment of this Act, the Commission shall issue regulations regarding access by IP-enabled voice service providers to 911 components that permit any IP-enabled voice service provider to elect to be treated as a commercial mobile service provider for the purpose of access to any 911 component, except that the regulations issued under this subsection may take into account any technical or network security issues that are specific to IP-enabled voice services.
(b) State Authority Over Fees.--Nothing in this title, the Communications Act of 1934, or any Commission regulation or order shall prevent the imposition on, or collection from, a provider of IP-enabled voice services of any fee or charge specifically designated by a State, political subdivision thereof, or Indian tribe for the support of 911 or E-911 services if that fee or charge--
(1) does not exceed the amount of any such fee or charge imposed on or collected from a provider of telecommunications services; and
(2) is obligated or expended in support of 911 and E-911 services, or enhancements of such services, or other emergency communications services as specified in the provision of State or local law adopting the fee or charge.
(c) Parity of Protection for Provision or Use of IP-Enabled Voice Service.--A provider or user of IP-enabled voice services, a PSAP, and the officers, directors, employees, vendors, agents, and authorizing government entity (if any) of such provider, user, or PSAP, shall have the same scope and extent of immunity and other protection from liability under Federal and State law with respect to--
(1) the release of subscriber information related to emergency calls or emergency services,
(2) the use or provision of 911 and E-911 services, and
(3) other matters related to 911 and E-911 services,as section 4 of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a) provides to wireless carriers, PSAPs, and users of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6), respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect to such release, use, and other matters.
(d) Limitation on Commission.--Nothing in this section shall be construed to permit the Commission to issue regulations that require or impose a specific technology or technological standard.
SEC. 1003. ENFORCEMENT.
The Commission shall enforce this title, and any regulation promulgated under this title, under the Communications Act of 1934 (47 U.S.C. 151 et seq.) as if this title were a part of that Act. For purposes of this section any violation of this title, or any regulation promulgated under this title, is deemed to be a violation of the Communications Act of 1934.
SEC. 1004. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.
(a) In General.--Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 18 months after the date of the enactment of the IP-Enabled Voice Communications and Public Safety Act of 2005, the Office shall develop and report to Congress on a national plan for migrating to a national IP-enabled emergency network capable of receiving and responding to all citizen activated emergency communications.
``(2) Contents of plan.--The plan required by paragraph (1) shall--
``(A) outline the potential benefits of such a migration;
``(B) identify barriers that must be overcome and funding mechanisms to address those barriers;
``(C) include a proposed timetable, an outline of costs and potential savings;
``(D) provide specific legislative language, if necessary, for achieving the plan;
``(E) provide recommendations on any legislative changes, including updating definitions, to facilitate a national IP-enabled emergency network; and
``(F) assess, collect, and analyze the experiences of the PSAPs and related public safety authorities who are conducting trial deployments of IP-enabled emergency networks as of the date of enactment of the IP-Enabled Voice Communications and Public Safety Act of 2005.
``(3) Consultation.--In developing the plan required by paragraph (1), the Office shall consult with representatives of the public safety community, technology and telecommunications providers, and others it deems appropriate.''; and
(3) by striking ``services.'' in subsection (b)(1) and inserting ``services, and, upon completion of development of the national plan for migrating to a national IP-enabled emergency network under subsection (d), for migration to an IP-enabled emergency network.''.
(b) Report on PSAPs.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Commission shall--
(A) compile a list of all known public safety answering points, including such contact information regarding public safety answering points as the Commission determines appropriate;
(B) organize such list by county, town, township, parish, village, hamlet, or other general purpose political subdivision of a State; and
(C) make available from such list--
(i) to the public, on the Internet website of the Commission--
(I) the 10 digit telephone number of those public safety answering points appearing on such list; and
(II) a statement explicitly warning the public that such telephone numbers are not intended for emergency purposes and as such may not be answered at all times; and
(ii) to public safety answering points all contact information compiled by the Commission.
(2) Continuing duty.--The Commission shall continue--
(A) to update the list made available to the public described in paragraph (1)(C); and
(B) to improve for the benefit of the public the accessibility, use, and organization of such list.
(3) Psaps required to comply.--Each public safety answering point shall provide all requested contact information to the Commission as requested.
(c) Report on Selective Routers.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Commission shall--
(A) compile a list of selective routers, including the contact information of the owners of such routers;
(B) organize such list by county, town, township, parish, village, hamlet, or other general purpose political subdivision of a State; and
(C) make such list available to providers of telecommunications service and to providers of IP-enabled voice service who are seeking to provide E-911 service to their subscribers.
SEC. 1005. DEFINITIONS.
(a) In General.--For purposes of this title:
(1) 911.--The term ``911'' means a service that allows a user, by dialing the three-digit code 911, to call a public safety answering point operated by a State, local government, Indian tribe, or authorized entity.
(2) 911 component.--The term ``911 component'' means any equipment, network, databases (including automatic location information databases and master street address guides), interface, selective router, trunkline, or other related facility necessary for the delivery and completion of 911 or E-911 calls and information related to such calls to which the Commission requires access pursuant to its rules and regulations.
(3) E-911 service.--The term ``E-911 service'' means a 911 service that automatically delivers the 911 call to the appropriate public safety answering point, and provides automatic identification data, including the originating number of an emergency call, the physical location of the caller, and the capability for the public safety answering point to call the user back if the call is disconnected.
(4) IP-enabled voice service.--The term ``IP-enabled voice service'' means the provision of real-time 2-way voice communications offered to the public, or such classes of users as to be effectively available to the public, transmitted through customer premises equipment using TCP/IP protocol, or a successor protocol, for a fee (whether part of a bundle of services or separately, or without a fee) with 2-way interconnection capability such that the service can originate traffic to, and terminate traffic from, the public switched telephone network.
(5) PSAP.--The term ``public safety answering point'' or
``PSAP'' means a facility that has been designated to receive 911 or E-911 calls.
(b) Common Terminology.--Except as otherwise provided in subsection (a), terms used in this title have the meanings provided under section 3 of the Communications Act of 1934.
TITLE XI--OTHER MATTERS
SEC. 1101. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
(a) In General.--Notwithstanding any provision of law to the contrary, any statutory limitation on the number of employees in the Transportation Security Administration, before or after its transfer to the Department of Homeland Security from the Department of Transportation, does not apply after the date of enactment of this Act.
(b) Aviation Security.--Notwithstanding any provision of law imposing a limitation on the recruiting or hiring of personnel into the Transportation Security Administration to a maximum number of permanent positions, the Secretary of Homeland Security shall recruit and hire such personnel into the Administration as may be necessary--
(1) to provide appropriate levels of aviation security; and
(2) to accomplish that goal in such a manner that the average aviation security-related delay experienced by airline passengers is reduced to a level of less than 10 minutes.
SEC. 1102. RURAL POLICING INSTITUTE.
(a) In General.--There is established a Rural Policing Institute, which shall be administered by the Office of State and Local Training of the Federal Law Enforcement Training Center (based in Glynco, Georgia), to--
(1) evaluate the needs of law enforcement agencies of units of local government and tribal governments located in rural areas;
(2) develop expert training programs designed to address the needs of rural law enforcement agencies regarding combating methamphetamine addiction and distribution, domestic violence, law enforcement response related to school shootings, and other topics identified in the evaluation conducted under paragraph (1);
(3) provide the training programs described in paragraph
(2) to law enforcement agencies of units of local government and tribal governments located in rural areas; and
(4) conduct outreach efforts to ensure that training programs under the Rural Policing Institute reach law enforcement officers of units of local government and tribal governments located in rural areas.
(b) Curricula.--The training at the Rural Policing Institute established under subsection (a) shall be configured in a manner so as to not duplicate or displace any law enforcement program of the Federal Law Enforcement Training Center in existence on the date of enactment of this Act.
(c) Definition.--In this section, the term ``rural'' means area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.
(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)--
(1) $10,000,000 for fiscal year 2007; and
(2) $5,000,000 for each of fiscal years 2008 through 2012.
SEC. 1103. EVACUATION IN EMERGENCIES.
(a) Purpose.--The purpose of this section is to ensure the preparation of communities for future natural, accidental, or deliberate disasters by ensuring that the States prepare for the evacuation of individuals with special needs.
(b) Evacuation Plans for Individuals With Special Needs.--The Secretary, acting through the Federal Emergency Management Agency, shall take appropriate actions to ensure that each State, as that term is defined in section 2(14) of the Homeland Security Act of 2002 (6 U.S.C. 101(14)), requires appropriate State and local government officials to develop detailed and comprehensive pre-disaster and post-disaster plans for the evacuation of individuals with special needs, including the elderly, disabled individuals, low-income individuals and families, the homeless, and individuals who do not speak English, in emergencies that would warrant their evacuation, including plans for the provision of food, water, and shelter for evacuees.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report setting forth, for each State, the status and key elements of the plans to evacuate individuals with special needs in emergencies that would warrant their evacuation.
(2) Contents.--The report submitted under paragraph (1) shall include a discussion of--
(A) whether the States have the resources necessary to implement fully their evacuation plans; and
(B) the manner in which the plans of the States are integrated with the response plans of the Federal Government for emergencies that would require the evacuation of individuals with special needs.
SEC. 1104. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.
(a) Protection of Health and Safety of Individuals in a Disaster Area.--Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended by inserting after section 408 the following:
``SEC. 409. PROTECTION OF HEALTH AND SAFETY OF INDIVIDUALS IN
A DISASTER AREA.
``(a) Definitions.--In this section:
``(1) Certified monitoring program.--The term `certified monitoring program' means a medical monitoring program--
``(A) in which a participating responder is a participant as a condition of the employment of such participating responder; and
``(B) that the Secretary of Health and Human Services certifies includes an adequate baseline medical screening.
``(2) High exposure level.--The term `high exposure level' means a level of exposure to a substance of concern that is for such a duration, or of such a magnitude, that adverse effects on human health can be reasonably expected to occur, as determined by the President in accordance with human monitoring or environmental or other appropriate indicators.
``(3) Individual.--The term `individual' includes--
``(A) a worker or volunteer who responds to a disaster, either natural or manmade, involving any mode of transportation in the United States or disrupting the transportation system of the United States, including--
``(i) a police officer;
``(ii) a firefighter;
``(iii) an emergency medical technician;
``(iv) any participating member of an urban search and rescue team; and
``(v) any other relief or rescue worker or volunteer that the President determines to be appropriate;
``(B) a worker who responds to a disaster, either natural or manmade, involving any mode of transportation in the United States or disrupting the transportation system of the United States, by assisting in the cleanup or restoration of critical infrastructure in and around a disaster area;
``(C) a person whose place of residence is in a disaster area, caused by either a natural or manmade disaster involving any mode of transportation in the United States or disrupting the transportation system of the United States;
``(D) a person who is employed in or attends school, child care, or adult day care in a building located in a disaster area, caused by either a natural or manmade disaster involving any mode of transportation in the United States or disrupting the transportation system of the United States, of the United States; and
``(E) any other person that the President determines to be appropriate.
``(4) Participating responder.--The term `participating responder' means an individual described in paragraph (3)(A).
``(5) Program.--The term `program' means a program described in subsection (b) that is carried out for a disaster area.
``(6) Substance of concern.--The term `substance of concern' means a chemical or other substance that is associated with potential acute or chronic human health effects, the risk of exposure to which could potentially be increased as the result of a disaster, as determined by the President, in coordination with ATSDR and EPA, CDC, NIH, FEMA, OSHA, and other agencies.
``(b) Program.--
``(1) In general.--If the President determines that 1 or more substances of concern are being, or have been, released in an area declared to be a disaster area under this Act and disrupts the transportation system of the United States, the President may carry out a program for the coordination and protection, assessment, monitoring, and study of the health and safety of individuals with high exposure levels to ensure that--
``(A) the individuals are adequately informed about and protected against potential health impacts of any substance of concern and potential mental health impacts in a timely manner;
``(B) the individuals are monitored and studied over time, including through baseline and followup clinical health examinations, for--
``(i) any short- and long-term health impacts of any substance of concern; and
``(ii) any mental health impacts;
``(C) the individuals receive health care referrals as needed and appropriate; and
``(D) information from any such monitoring and studies is used to prevent or protect against similar health impacts from future disasters.
``(2) Activities.--A program under paragraph (1) may include such activities as--
``(A) collecting and analyzing environmental exposure data;
``(B) developing and disseminating information and educational materials;
``(C) performing baseline and followup clinical health and mental health examinations and taking biological samples;
``(D) establishing and maintaining an exposure registry;
``(E) studying the short- and long-term human health impacts of any exposures through epidemiological and other health studies; and
``(F) providing assistance to individuals in determining eligibility for health coverage and identifying appropriate health services.
``(3) Timing.--To the maximum extent practicable, activities under any program carried out under paragraph (1)
(including baseline health examinations) shall be commenced in a timely manner that will ensure the highest level of public health protection and effective monitoring.
``(4) Participation in registries and studies.--
``(A) In general.--Participation in any registry or study that is part of a program carried out under paragraph (1) shall be voluntary.
``(B) Protection of privacy.--The President shall take appropriate measures to protect the privacy of any participant in a registry or study described in subparagraph
(A).
``(C) Priority.--
``(i) In general.--Except as provided in clause (ii), the President shall give priority in any registry or study described in subparagraph (A) to the protection, monitoring and study of the health and safety of individuals with the highest level of exposure to a substance of concern.
``(ii) Modifications.--Notwithstanding clause (i), the President may modify the priority of a registry or study described in subparagraph (A), if the President determines such modification to be appropriate.
``(5) Cooperative agreements.--
``(A) In general.--The President may carry out a program under paragraph (1) through a cooperative agreement with a medical institution, including a local health department, or a consortium of medical institutions.
``(B) Selection criteria.--To the maximum extent practicable, the President shall select, to carry out a program under paragraph (1), a medical institution or a consortium of medical institutions that--
``(i) is located near--
``(I) the disaster area with respect to which the program is carried out; and
``(II) any other area in which there reside groups of individuals that worked or volunteered in response to the disaster; and
``(ii) has appropriate experience in the areas of environmental or occupational health, toxicology, and safety, including experience in--
``(I) developing clinical protocols and conducting clinical health examinations, including mental health assessments;
``(II) conducting long-term health monitoring and epidemiological studies;
``(III) conducting long-term mental health studies; and
``(IV) establishing and maintaining medical surveillance programs and environmental exposure or disease registries.
``(6) Involvement.--
``(A) In general.--In carrying out a program under paragraph (1), the President shall involve interested and affected parties, as appropriate, including representatives of--
``(i) Federal, State, and local government agencies;
``(ii) groups of individuals that worked or volunteered in response to the disaster in the disaster area;
``(iii) local residents, businesses, and schools (including parents and teachers);
``(iv) health care providers;
``(v) faith based organizations; and
``(vi) other organizations and persons.
``(B) Committees.--Involvement under subparagraph (A) may be provided through the establishment of an advisory or oversight committee or board.
``(7) Privacy.--The President shall carry out each program under paragraph (1) in accordance with regulations relating to privacy promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d-2 note; Public Law 104-191).
``(8) Existing programs.--In carrying out a program under paragraph (1), the President may--
``(A) include the baseline clinical health examination of a participating responder under a certified monitoring programs; and
``(B) substitute the baseline clinical health examination of a participating responder under a certified monitoring program for a baseline clinical health examination under paragraph (1).
``(c) Reports.--Not later than 1 year after the establishment of a program under subsection (b)(1), and every 5 years thereafter, the President, or the medical institution or consortium of such institutions having entered into a cooperative agreement under subsection (b)(5), may submit a report to the Secretary of Homeland Security, the Secretary of Health and Human Services, the Secretary of Labor, the Administrator of the Environmental Protection Agency, and appropriate committees of Congress describing the programs and studies carried out under the program.''.
(b) National Academy of Sciences Report on Disaster Area Health and Environmental Protection and Monitoring.--
(1) In general.--The Secretary, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency shall jointly enter into a contract with the National Academy of Sciences to conduct a study and prepare a report on disaster area health and environmental protection and monitoring.
(2) Participation of experts.--The report under paragraph
(1) shall be prepared with the participation of individuals who have expertise in--
(A) environmental health, safety, and medicine;
(B) occupational health, safety, and medicine;
(C) clinical medicine, including pediatrics;
(D) environmental toxicology;
(E) epidemiology;
(F) mental health;
(G) medical monitoring and surveillance;
(H) environmental monitoring and surveillance;
(I) environmental and industrial hygiene;
(J) emergency planning and preparedness;
(K) public outreach and education;
(L) State and local health departments;
(M) State and local environmental protection departments;
(N) functions of workers that respond to disasters, including first responders;
(O) public health; and
(P) family services, such as counseling and other disaster-related services provided to families.
(3) Contents.--The report under paragraph (1) shall provide advice and recommendations regarding protecting and monitoring the health and safety of individuals potentially exposed to any chemical or other substance associated with potential acute or chronic human health effects as the result of a disaster, including advice and recommendations regarding--
(A) the establishment of protocols for monitoring and responding to chemical or substance releases in a disaster area to protect public health and safety, including--
(i) chemicals or other substances for which samples should be collected in the event of a disaster, including a terrorist attack;
(ii) chemical- or substance-specific methods of sample collection, including sampling methodologies and locations;
(iii) chemical- or substance-specific methods of sample analysis;
(iv) health-based threshold levels to be used and response actions to be taken in the event that thresholds are exceeded for individual chemicals or other substances;
(v) procedures for providing monitoring results to--
(I) appropriate Federal, State, and local government agencies;
(II) appropriate response personnel; and
(III) the public;
(vi) responsibilities of Federal, State, and local agencies for--
(I) collecting and analyzing samples;
(II) reporting results; and
(III) taking appropriate response actions; and
(vii) capabilities and capacity within the Federal Government to conduct appropriate environmental monitoring and response in the event of a disaster, including a terrorist attack; and
(B) other issues specified by the Secretary, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency.
(4) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection.
SEC. 1105. PILOT PROGRAM TO EXTEND CERTAIN COMMERCIAL
OPERATIONS.
(a) In General.--During fiscal year 2007, the Commissioner shall extend the hours of commercial operations at the port of entry located at Santa Teresa, New Mexico, to a minimum of 16 hours a day.
(b) Report.--The Commissioner shall submit a report to the appropriate congressional committees not later than September 30, 2007, with respect to the extension of hours of commercial operations described in subsection (a). The report shall include:
(1) an analysis of the impact of the extended hours of operation on the port facility, staff, and trade volume handled at the port; and
(2) recommendations regarding whether to extend such hours of operation beyond fiscal year 2007.
SEC. 1106. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AIRPORTS.
(a) In General.--Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary for the Transportation Security Administration shall submit to Congress a security plan for Essential Air Service airports in the United States.
(b) Elements of Plan.--The security plan required by subsection (a) shall include the following:
(1) Recommendations for improved security measures at such airports.
(2) Recommendations for proper passenger and cargo security screening procedures at such airports.
(3) A timeline for implementation of recommended security measures or procedures at such airports.
(4) Cost analysis for implementation of recommended security measures or procedures at such airports.
SEC. 1107. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS.
(a) Definitions.--In this section:
(1) Homeland security grant.--The term ``homeland security grant'' means any grant made or administered by the Department, including--
(A) the State Homeland Security Grant Program;
(B) the Urban Area Security Initiative Grant Program;
(C) the Law Enforcement Terrorism Prevention Program;
(D) the Citizen Corps; and
(E) the Metropolitan Medical Response System.
(2) Local government.--The term ``local government'' has the meaning given the term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(b) Required Disclosures.--Each State or local government that receives a homeland security grant shall, not later than 12 months after the later of the date of enactment of this Act and the date of receipt of such grant, and every 12 months thereafter until all funds provided under such grant are expended, report to the Secretary a list of all expenditures made by such State or local government using funds from such grant.
SEC. 1108. INCLUSION OF THE TRANSPORTATION TECHNOLOGY CENTER
IN THE NATIONAL DOMESTIC PREPAREDNESS
CONSORTIUM.
The National Domestic Preparedness Consortium shall include the Transportation Technology Center in Pueblo, Colorado.
SEC. 1109. TRUCKING SECURITY.
(a) Legal Status Verification for Licensed United States Commercial Drivers.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Transportation, in cooperation with the Secretary of Homeland Security, shall issue regulations to implement the recommendations contained in the memorandum of the Inspector General of the Department of Transportation issued on June 4, 2004 (Control No. 2004-054).
(b) Commercial Driver's License Anti-Fraud Programs.--Not later than 12 months after the date of the enactment of this Act, the Secretary of the Transportation, in conjunction with the Secretary of the Department of Homeland Security, shall issue a regulation to implement the recommendations contained in the Report on Federal Motor Carrier Safety Administration Oversight of the Commercial Driver's License Program (MH-2006-037).
(c) Verification of Commercial Motor Vehicle Traffic.--
(1) Guidelines.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Homeland Security shall draft guidelines for Federal, State, and local law enforcement officials, including motor carrier safety enforcement personnel, to improve compliance with Federal immigration and customs laws applicable to all commercial motor vehicles and commercial motor vehicle operators engaged in cross-border traffic.
(2) Verification.--Not later than 12 months after the date of the enactment of this Act, the Administrator of the Federal Motor Carrier Safety Administration shall modify the final rule regarding the enforcement of operating authority
(Docket No. FMCSA-2002-13015) to establish a system or process by which a carrier's operating authority can be verified during a roadside inspection.
SEC. 1110. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR
TICKETS FOR SUSPENDED AIR PASSENGER SERVICE.
Section 145(c) of the Aviation and Transportation Security Act (49 U.S.C. 40101 note) is amended by striking ``November 19, 2005.'' and inserting ``November 30, 2007.''.
SEC. 1111. MAN-PORTABLE AIR DEFENSE SYSTEMS.
(a) In General.--It is the sense of Congress that the budget of the United States Government submitted by the President for fiscal year 2008 under section 1105(a) of title 31, United States Code, should include an acquisition fund for the procurement and installation of countermeasure technology, proven through the successful completion of operational test and evaluation, to protect commercial aircraft from the threat of Man-Portable Air Defense Systems
(MANPADS).
(b) Definition of MANPADS.--In this section, the term
``MANPADS'' means--
(1) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and
(2) any other surface-to-air missile system designed to be operated and fired by more than one individual acting as a crew and portable by several individuals.
SEC. 1112. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER
AIR WING.
In addition to any other amounts authorized to be appropriated for Air and Marine Operations of United States Customs and Border Protection, there are authorized to be appropriated for fiscal year 2007 and 2008 for operating expenses of the Northern Border Air Wing, $40,000,000 for the branch in Great Falls, Montana.
SEC. 1113. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS
CHECKS.
(a) Study.--The Comptroller General of the United States shall conduct a study of background records checks carried out by Federal departments and agencies that are similar to the background records check required under section 5103a of title 49, United States Code, to identify redundancies and inefficiencies in connection with such checks.
(b) Contents.--In conducting the study, the Comptroller General of the United States shall review, at a minimum, the background records checks carried out by--
(1) the Secretary of Defense;
(2) the Secretary of Homeland Security; and
(3) the Secretary of Energy.
(c) Report.--Not later than 6 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to Congress on the results of the study, including--
(1) an identification of redundancies and inefficiencies referred to in subsection (a); and
(2) recommendations for eliminating such redundancies and inefficiencies.
SEC. 1114. PHASE-OUT OF VESSELS SUPPORTING OIL AND GAS
DEVELOPMENT.
Notwithstanding section 27 of the Merchant Marine Act, 1920
(46 U.S.C. App. 883) and sections 12105(c) and 12106 of title 46, United States Code, a foreign-flag vessel may be employed for the movement or transportation of anchors for operations in support of exploration of offshore mineral or energy resources in the Beaufort Sea or the Chukchi Sea by or on behalf of a lessee--
(1) until January 1, 2010, if the Secretary of the department in which the Coast Guard is operating determines that insufficient eligible vessels documented under chapter 121 of title 46, United States Code, are reasonably available and suitable for these support operations; and
(2) during the period beginning January 1, 2010, and ending December 31, 2012, if the Secretary determines that--
(A) the lessee has entered into a binding agreement to use eligible vessels documented under chapter 121 of title 46, United States Code, in sufficient numbers and with sufficient suitability to replace foreign flag vessels operating under this section; and
(B) the Secretary determines that no eligible vessel documented under chapter 121 of title 46, United States Code, is reasonably available and suitable for these support operations to replace any foreign flag vessel operating under this section.
SEC. 1115. COAST GUARD PROPERTY IN PORTLAND, MAINE.
Section 347(c) of the Maritime Transportation Security Act of 2002 (Public Law 107-295; 116 Stat. 2109) is amended by striking ``within 30 months from the date of conveyance.'' and inserting ``by December 31, 2009.''.
SEC. 1116. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR
CHEMICALS.
(a) Compliance With Performance Plan Requirements.--For each of the fiscal years of 2007, 2009, and 2011, as part of the annual performance plan required in the budget submission of the United States Customs and Border Protection under section 1115 of title 31, United States Code, the Commissioner shall establish performance indicators relating to the seizure of methamphetamine and methamphetamine precursor chemicals in order to evaluate the performance goals of the United States Customs and Border Protection with respect to the interdiction of illegal drugs entering the United States.
(b) Study and Report Relating to Methamphetamine and Methamphetamine Precursor Chemicals.--
(1) Analysis.--The Commissioner shall, on an ongoing basis, analyze the movement of methamphetamine and methamphetamine precursor chemicals into the United States. In conducting the analysis, the Commissioner shall--
(A) consider the entry of methamphetamine and methamphetamine precursor chemicals through ports of entry, between ports of entry, through the mails, and through international courier services;
(B) examine the export procedures of each foreign country where the shipments of methamphetamine and methamphetamine precursor chemicals originate and determine if changes in the country's customs over time provisions would alleviate the export of methamphetamine and methamphetamine precursor chemicals; and
(C) identify emerging trends in smuggling techniques and strategies.
(2) Report.--Not later than September 30, 2007, and each 2-year period thereafter, the Commissioner, in the consultation with the United States Immigration and Customs Enforcement, the United States Drug Enforcement Administration, and the United States Department of State, shall submit a report to the Committee on Finance and the Committee on Foreign Relations of the Senate, and the Committee on Ways and Means and the Committee on International Relations of the House of Representatives, that includes--
(A) a comprehensive summary of the analysis described in paragraph (1); and
(B) a description of how the Untied States Customs and Border Protection utilized the analysis described in paragraph (1) to target shipments presenting a high risk for smuggling or circumvention of the Combat Methamphetamine Epidemic Act of 2005 (Public Law 109-177).
(3) Availability of analysis.--The Commissioner shall ensure that the analysis described in paragraph (1) is made available in a timely manner to the Secretary of State to facilitate the Secretary in fulfilling the Secretary's reporting requirements in section 722 of the Combat Methamphetamine Epidemic Act of 2005.
(c) Definition.--In this section, the term
``methamphetamine precursor chemicals'' means the chemicals ephedrine, pseudoephedrine, or phenylpropanolamine, including each of the salts, optical isomers, and salts of optical isomers of such chemicals.
SEC. 1117. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING
PROGRAM.
(a) Implementation Status.--Within 180 days after the date of enactment of this Act, the Comptroller General shall assess the Department of Homeland Security's aircraft charter customer and lessee prescreening process mandated by section 44903(j)(2) of title 49, United States Code, and report on the status of the program, its implementation, and its use by the general aviation charter and rental community and report the findings, conclusions, and recommendations, if any, of such assessment to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Homeland Security.
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