[House Report 109-450]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-450
======================================================================
PROVIDING FOR CONSIDERATION OF H.R. 4954, SECURITY AND ACCOUNTABILITY
FOR EVERY PORT ACT
_______
May 2, 2006.--Referred to the House Calendar and ordered to be printed
_______
Mr. Sessions, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 789]
The Committee on Rules, having had under consideration
House Resolution 789, by a record vote of 7 to 3, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4954, the
Security and Accountability For Every Port Act, under a
structured rule. The rule provides one hour of general debate
with 40 minutes equally divided and controlled by the chairman
and ranking minority member of the Committee on Homeland
Security and 20 minutes equally divided and controlled by the
chairman and ranking minority member of the Committee on
Transportation and Infrastructure. The rule waives all points
of order against consideration of the bill.
The rule provides that the amendment in the nature of a
substitute recommended by the Committee on Homeland Security
now printed in the bill shall be considered as an original bill
for the purpose of amendment and shall be considered as read.
The rule waives all points of order against the amendment in
the nature of a substitute recommended by the Committee on
Homeland Security.
The rule makes in order only those amendments printed in
this report. The rule provides that the amendments printed in
this report may be offered only in the order printed in this
report, may be offered only by a Member designated in this
report, shall be considered as read, shall be debatable for the
time specified in this report equally divided and controlled by
the proponent and an opponent, shall not be subject to
amendment, and shall not be subject to a demand for division of
the question in the House or in the Committee of the Whole. The
rule waives all points of order against the amendments printed
in this report.
Finally, the rule provides one motion to recommit with or
without instructions.
The Committee is not aware of any points of order against
consideration of the bill or against amendments made in order
under the rule. The waivers of all points of order against
consideration of the bill and against the amendments made in
order under the rule are prophylactic in nature.
COMMITTEE VOTES
Pursuant to clause 3(b) of House rule XIII the results of
each record vote on an amendment or motion to report, together
with the names of those voting for and against, are printed
below:
Rules Committee record vote No. 189
Date: May 2, 2006.
Measure: H.R. 4954, the Security and Accountability For
Every Port Act.
Motion by: Mrs. Slaughter.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Rep. Nadler
which requires that every shipping container be scanned and
sealed before being loaded onto a ship destined for the United
States. Large ports would be given three years to comply and
smaller ports five years. DHS could grant a one year extension
to a port if the scanning equipment is unavailable for purchase
and installation.
Results: Defeated 3 to 6.
Vote by Members: Hastings (WA)--Nay; Sessions--Nay;
Putnam--Nay; Cole--Nay; Gingrey--Nay; Slaughter--Yea;
McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 190
Date: May 2, 2006.
Measure: H.R. 4954, the Security and Accountability For
Every Port Act.
Motion by: Mr. McGovern.
Summary of motion: To make in order and provide the
appropriate waivers for the amendment offered by Rep. Thompson
which authorizes $67 million per year to increase the number of
Customs and Border Protection Officers at seaports by 1600 over
four years.
Results: Defeated 3 to 7.
Vote by Members: Hastings (WA)--Nay; Sessions--Nay;
Putnam--Nay; Capito--Nay; Cole--Nay; Gingrey--Nay; Slaughter--
Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay.
Rules Committee record vote No. 191
Date: May 2, 2006.
Measure: H.R. 4954, the Security and Accountability For
Every Port Act.
Motion by: Mr. Hastings of Washington.
Summary of motion: To report the rule.
Results: Agreed to 7 to 3.
Vote by Members: Hastings (WA)--Yea; Sessions--Yea;
Putnam--Yea; Capito--Yea; Cole--Yea; Gingrey--Yea; Slaughter--
Nay; McGovern--Nay; Hastings (FL)--Nay; Dreier--Yea.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. King (NY): Manager's Amendment. Makes technical changes,
adds several new findings on the importance of maintaining
vibrant international trade, clarifies that port security grant
funds can be used to address vulnerabilities in vessel and
facility plans in addition to maritime security plans, and
clarifies that the Domestic Nuclear Detection Office is
responsible for implementing Department of Homeland Security
requirements under the Global Nuclear Architecture and that any
private testing performed by DNDO will be confidential.
Additionally, the amendment removes two provisions accepted
during full committee consideration: (1) establishing a pilot
program for training Coast Guard reserve officers; and (2)
funding for the acceleration of Deepwater. Finally, the
manager's amendment establishes a Director of Trade policy in
the DHS Office of Policy. (10 minutes)
2. Ruppersberger (MD): Requires the Secretary of the
Department of Homeland Security to submit to the appropriate
congressional committees an assessment study of the National
Targeting Center and recommendations to strengthen the center,
six months after implementation of the Act. (10 minutes)
3. Ruppersberger (MD): Requires the Secretary of the
Department of Homeland Security to consult with the appropriate
Federal, State and local entities when determining the
establishment of maritime security centers. Currently the
decision on where to locate the command centers resides solely
with the Secretary of the Department of Homeland Security. (10
minutes)
4. Ruppersberger (MD): Advises that the Secretary of the
Department of Homeland Security should, in consultation with
appropriate federal, state and local officials including the
Captain of the Port from the United States Coast Guard and
representatives from the maritime industry to determine
protocols. Currently stated the protocols are determined solely
by the Secretary of the Department of Homeland Security. (10
minutes)
5. Cuellar (TX): Directs the Secretary of Homeland Security
to study the specific challenges faced by land ports when
calling for greater security. (10 minutes)
6. Ryun (KS): Directs the Secretary of Homeland Security to
analyze portable nuclear devices under the evaluation of
emerging technologies. (10 minutes)
7. Hooley (OR): Amends the definition of a cargo container
security device in Sec. 1816 from: ``a mechanical or electronic
device designed to, at a minimum, detect unauthorized intrusion
of containers'', to ``a mechanical or electronic device
designed to, at a minimum, positively identify containers and
detect and record unauthorized intrusion of containers. Such
devices shall have false alarm rates that have been
demonstrated to be below one percent.'' (10 minutes)
8. Stupak (MI): Ensures that communications equipment
purchased, and mechanisms for sharing terrorism threat
information established, under the new Port Security Grant
program are interoperable with Federal, State, and local
agencies. (10 minutes)
9. Shays (CT): Requires the Department of Homeland Security
(DHS) to conduct a pilot project at an overseas port similar to
the Integrated Container Inspection System (ICIS) in Hong Kong.
(10 minutes)
10. Bass (NH): Allows states and local agencies to petition
to the Secretary of the Department of Homeland Security for
approval to apply for grants under this section for any
activity relating to prevention of, preparation for, response
to, or recovery from acts of terrorism, that would otherwise be
a Federal duty performed by Federal agencies and under
agreement with a State or local government and a Federal
agency. (10 minutes)
11. Millender-McDonald (CA): Makes eligible the
construction or enhancement of truck inspection stations in
seaport communities and trade corridors by authorizing up to
$20 million annually in the Port Security Grant Program.
Establishes or enhances truck inspection stations for seaports,
communities and trade corridors where there is a high volume of
truck container traffic. These truck inspection stations will
be a consolidation and coordination of seaport, community and
trade corridor security needs, by providing a security check
point, safety inspections and emissions control check points.
(10 minutes)
12. Jackson-Lee (TX): Provides for the community to be
included in disaster awareness and preparation in the form of a
``Neighborhood Watch.'' (10 minutes)
13. Weiner (NY): Requires each port security grant
recipient to report each expenditure to the Secretary of
Homeland Security, who will then publish each expenditure on a
publicly available website. The revision creates an exception
for national security. (10 minutes)
14. Flake (AZ): Strikes the $400 million authorization for
a new Port Security Program which would block the creation of
an additional federal Homeland Security grant program. (10
minutes)
15. Sanchez (CA): Prohibits the current Customs and Border
Protection (CBP) practice of granting automated targeting risk
score reductions to Customs Trade Partnership Against Terrorism
(C-TPAT) members that have not received CBP validation of the
implementation and effectiveness of their security measures.
(10 minutes)
TEXT OF AMENDMENTS MADE IN ORDER
1. An Amendment To Be Offered by Representative King of New York, or
His Designee, Debatable for 10 Minutes
Page 6, after line 23, insert the following new paragraphs:
(12) International trade is vital to the Nation's
economy and the well-being and livelihood of United
States citizens.
(13) The Department of Homeland Security's missions,
including those related to United States and
international borders, involve both building security
for United States citizens and facilitating legitimate
trade that is critical to the Nation.
(14) In creating the Department of Homeland Security,
Congress clearly mandated in section 412(b) of the
Homeland Security Act of 2002 (6 U.S.C. 212(b)) that
the customs revenue functions described in paragraph
(2) of such section shall not be diminished.
Page 9, strike line 11 and all that follows through line 5 on
page 10 and insert the following new subsections:
(a) Facility Security Plans.--Section 70103(c)(3) of title
46, United States Code, is amended--
(1) in subparagraph (F), by striking ``and'' at the
end;
(2) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(3) by adding at the end the following new
subparagraph:
``(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.''.
(b) Facility Security Officers.--Section 70103(c) of title
46, United States Code, is amended 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
watchlists to ensure that the individual is not identified on
any such terrorist watchlist.''.
Page 16, after line 19, insert the following new section (and
redesignate subsequent sections of subtitle A of title I of the
bill, and conform the table of contents of the bill,
accordingly):
SEC. 107. ENHANCED CREWMEMBER IDENTIFICATION.
Section 70111 of title 46, United States Code, is amended--
(1) in subsection (a) by striking ``The'' and
inserting ``Not later than May 15, 2007, the''; and
(2) in subsection (b) by striking ``The'' and
inserting ``Not later than May 15, 2007, the''.
Page 18, strike line 13 and all that follows through line 21
and insert the following new subsection:
``(c) Participation.--
``(1) Federal participation.--The following entities
shall participate in the integrated network of maritime
security command centers described in subsection (a):
``(A) The Coast Guard.
``(B) U.S. Customs and Border Protection.
``(C) U.S. Immigration and Customs
Enforcement.
``(D) Other appropriate Federal agencies.
``(2) State and local participation.--Appropriate
State and local law enforcement agencies may
participate in the integrated network of maritime
security command centers described in subsection
(a).''.
Page 24, line 8, insert at the end before the semicolon the
following: ``or the vessel or facility security plans required
under section 70103(c) of title 46, United States Code''.
Page 39, strike line 1 and all that follows through line 14
on page 41.
Page 42, strike line 9 and all that follows through line 18.
Page 44, after line 9, insert the following new section:
SEC. 127. CENTER OF EXCELLENCE FOR MARITIME DOMAIN AWARENESS.
(a) Establishment.--The Secretary of the Homeland Security
shall establish a university-based Center for Excellence for
Maritime Domain Awareness following the merit-review processes
and procedures that have been established by the Secretary for
selecting university program centers of excellence.
(b) Duties.--The Center shall--
(1) prioritize its activities based on the ``National
Plan to Improve Maritime Domain Awareness'' published
by the Department of Homeland Security in October 2005;
(2) recognize the extensive previous and ongoing work
and existing competence in the field of maritime domain
awareness at numerous academic and research
institutions, such as the Naval Postgraduate School;
(3) leverage existing knowledge and continue
development of a broad base of expertise within
academia and industry in maritime domain awareness; and
(4) provide educational, technical, and analytical
assistance to Federal agencies with responsibilities
for maritime domain awareness, including the Coast
Guard, to focus on the need for interoperability,
information sharing, and common information technology
standards and architecture.
Page 51, beginning on line 4, strike ``appropriate
confidentiality requirements'' and insert ``provide safeguards
that ensure confidentiality''.
Page 51, line 6, insert ``identify'' before ``appropriate
timing''.
Page 52, line 23, strike ``to'' and insert ``and''.
Page 62, line 2, after ``carriers,'' insert ``contract
logistics providers,''.
Page 65, beginning on line 5, strike ``and related policies
and'' and insert ``, policies, or''.
Page 84, beginning on line 3, strike ``UNIFORM DATA SYSTEM
FOR IMPORT AND EXPORT INFORMATION'' and insert ``INTERNATIONAL
TRADE DATA SYSTEM''.
Page 84, line 6, after ``implement'' insert ``the
International Trade Data System,''.
Page 84, line 8, insert a comma after ``export information''.
Page 90, after line 6, insert the following new subparagraph:
``(H) To provide for the coordination and
maintenance of the trade and customs revenue
functions of the Department.''.
Page 93, after line 17, insert the following new paragraph:
``(5) Trade and customs revenue functions.--The Under
Secretary for Policy shall--
``(A) ensure that the trade and customs
revenue functions of the Department are
coordinated within the Department and with
other Federal departments and agencies, and
that the impact on legitimate trade is taken
into account in any action impacting these
functions; and
``(B) monitor and report to Congress on the
Department's mandate to ensure that the trade
and customs revenue functions of the Department
are not diminished, including how spending,
operations, and personnel related to these
functions have kept pace with the level of
trade entering the United States.''.
Page 95, line 25, strike ``section'' and insert
``subsection''.
Page 96, after line 15, insert the following new subsection:
``(c) Director of Trade Policy.--
``(1) In general.--There shall be in the Directorate
for Policy, Planning, and International Affairs a
Director of Trade Policy (hereinafter in this
subsection referred to as the `Director'), who shall be
subject to the direction and control of the Under
Secretary for Policy.
``(2) Responsibilities.--The Director shall--
``(A) advise the Assistant Secretary for
Policy regarding all aspects of Department
programs relating to the trade and customs
revenue functions of the Department;
``(B) develop Department-wide policies
regarding trade and customs revenue functions
and trade facilitation; and
``(C) coordinate the trade and customs
revenue-related programs of the Department with
other Federal departments and agencies. ''.
Page 96, after line 15, insert the following new section:
``SEC. 604. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS.
``(a) In General.--The Secretary and the Under Secretary for
Policy shall consult with representatives of the business
community involved in international trade, including seeking
the advice and recommendations of the Commercial Operations
Advisory Committee (COAC), on Department policies and actions
that have a significant impact on international trade and
customs revenue functions.
``(b) COAC Consultation and Notification.--
``(1) In general.--Subject to paragraph (2), the
Secretary shall seek the advice and recommendations of
COAC on any proposed Department policies, initiatives,
actions, or organizational reforms that will have a
major impact on trade and customs revenue functions not
later than 45 days prior to the finalization of the
policies, initiatives, actions, or organizational
reforms.
``(2) Exception.--If the Secretary determines that it
is important to the national security interest of the
United States to finalize any proposed Department
policies, initiatives, actions, or organizational
reforms prior to the provision of advice and
recommendations described in paragraph (1), the
Secretary shall--
``(A) seek the advice and recommendations of
COAC on the policies, initiatives, actions, or
organizational reforms not later than 30 days
after the date on which the policies,
initiatives, actions, or organizational reforms
are finalized; and
``(B) to the extent appropriate, modify the
policies, initiatives, actions, or
organizational reforms based upon the advice
and recommendations of COAC.
``(c) Congressional Consultation and Notification.--
``(1) In general.--Subject to paragraph (2), the
Secretary shall consult with and provide any
recommendations of COAC received under subsection (b)
to the appropriate congressional committees not later
than 30 days prior to the finalization of any
Department policies, initiatives, actions or
organizational reforms that will have a major impact on
trade and customs revenue functions.
``(2) Exception.--If the Secretary determines that it
is important to the national security interest of the
United States to finalize any Department policies,
initiatives, actions, or organizational reforms prior
to the consultation described in paragraph (1), the
Secretary shall--
``(A) consult with and provide any
recommendations of COAC received under
subsection (b) to the appropriate congressional
committees not later than 45 days after the
date on which the policies, initiative,
actions, or organizational reforms are
finalized; and
``(B) to the extent appropriate, modify the
policies, initiatives, actions, or
organizational reforms based upon the
consultations with the appropriate
congressional committees.''.
Page 97, after line 2, insert the following new section:
SEC. 302. STUDY AND REPORT ON CUSTOMS REVENUE FUNCTIONS.
(a) Study.--
(1) In general.--The Comptroller General shall
conduct a study evaluating the extent to which the
Department of Homeland Security is meeting its
obligations under section 412(b) of the Homeland
Security Act of 2002 (6 U.S.C. 212(b)) with respect to
the maintenance of customs revenue functions.
(2) Analysis.--The study shall include an analysis of
--
(A) the extent to which the customs revenue
functions carried out by the former U.S.
Customs Service have been consolidated with
other functions of the Department (including
the assignment of non-customs revenue functions
to personnel responsible for customs revenue
collection), discontinued, or diminished
following the transfer of the U.S. Customs
Service to the Department;
(B) the extent to which staffing levels or
resources attributable to customs revenue
functions have decreased since the transfer of
the U.S. Customs Service to the Department; and
(C) the extent to which the management
structure created by the Department ensures
effective trade facilitation and customs
revenue collection.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit to
the appropriate congressional committees a report on the
results of study conducted under subsection (a).
(c) Definition.--In this section, the term ``customs revenue
functions'' means the functions described in section 412(b)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)).
Page 99, line 11, after ``implement'' insert ``Department
components of''.
Page 99, line 21, strike ``outside the United States''.
Page 101, beginning on line 12, strike ``commercial''.
Page 101, line 13, strike ``devices'' and insert
``technologies''.
Page 101, line 13, add at the end the following new sentence:
``The results of the tests performed with services made
available under this subsection shall be confidential and may
not be disclosed to individuals or entities outside of the
Federal government without the consent of the developer for
whom the tests are performed.''.
----------
2. An Amendment To Be Offered by Representative Ruppersberger of
Maryland, or His Designee, Debatable for 10 Minutes
Page 87, after line 12, insert the following new section:
SEC. 207. REPORT ON NATIONAL TARGETING CENTER.
(a) Study.--The Secretary of Homeland Security shall conduct
a study to assess the activities of U.S. Customs and Border
Protection's National Targeting Center (NTC).
(b) 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--
(1) the results of the study conducted under
subsection (a); and
(2) recommendations to improve and strengthen the
activities of NTC.
----------
3. An Amendment To Be Offered by Representative Ruppersberger of
Maryland, or His Designee, Debatable for 10 Minutes
Page 17, line 12, after ``The Secretary'' insert ``, in
consultation with appropriate Federal, State, and local
officials,''.
----------
4. An Amendment To Be Offered by Representative Ruppersberger of
Maryland, or His Designee, Debatable for 10 Minutes
Page 8, line 12, insert after ``as quickly as possible.'' the
following new sentence: ``The protocols shall be developed by
the Secretary, in consultation with appropriate Federal, State,
and local officials, including the Coast Guard Captain of the
Port involved in the transportation security incident, and
representatives of the maritime industry.''.
----------
5. An Amendment To Be Offered by Representative Cuellar of Texas, or
His Designee, Debatable for 10 Minutes
Page 44, after line 9, insert the following new section:
SEC. 127. REPORT ON SECURITY AND TRADE AT UNITED STATES LAND PORTS.
(a) Study.--The Secretary of Homeland Security shall conduct
a study on the challenges to balance the need for greater
security while maintaining the efficient flow of trade at
United States land ports.
(b) 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 on the results of
the study required by subsection (a).
----------
6. An Amendment To Be Offered by Representative Ryun of Kansas, or His
Designee, Debatable for 10 Minutes
Page 82, line 12, add at the end the following new sentence:
``In carrying out this section, the Secretary's evaluation
shall include an analysis of battery powered portable neutron
and gamma-ray detection devices that can be inexpensively mass
produced.''.
----------
7. An Amendment To Be Offered by Representative Hooley of Oregon, or
Her Designee, Debatable for 10 Minutes
Page 66, beginning on line 5, strike ``detect unauthorized
intrusion of containers.'' and insert ``positively identify
containers and detect and record unauthorized intrusion of
containers. Such devices shall have false alarm rates that have
been demonstrated to be below one percent.''.
----------
8. An Amendment To Be Offered by Representative Stupak of Michigan, or
His Designee, Debatable for 10 Minutes
Page 25, beginning on line 10, after ``including'' insert the
following: ``communications equipment that is interoperable
with Federal, State, and local agencies and''.
Page 25, line 17, insert at the end before the semicolon the
following: ``and to ensure that the mechanisms are
interoperable with Federal, State, and local agencies''.
----------
9. An Amendment To Be Offered by Representative Shays of Connecticut,
or His Designee, Debatable for 10 Minutes
Page 87, after line 12, insert the following new section:
SEC. 207. INTEGRATED CONTAINER INSPECTION SYSTEM PILOT PROJECT.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall conduct a
pilot project at an overseas port similar to the Integrated
Container Inspection System being tested at the port in Hong
Kong.
----------
10. An Amendment To Be Offered by Representative Bass of New Hampshire,
or His Designee, Debatable for 10 Minutes
Page 26, after line 9, insert the following new subsection:
``(e) Reimbursement of Costs.--An applicant for a grant under
this section may petition the Secretary for the reimbursement
of the cost of any activity relating to prevention (including
detection) of, preparedness for, response to, or recovery from
acts of terrorism that is a Federal duty and usually performed
by a Federal agency, and that is being performed by a State or
local government (or both) under agreement with a Federal
agency. ''.
----------
11. An Amendment To Be Offered by Representative Millender-McDonald of
California, or Her Designee, Debatable for 10 Minutes
Page 26, line 3, strike ``and''.
Page 26, line 9, strike the period and insert ``; and''.
Page 26, after line 9, insert the following new paragraph:
``(13) to establish or enhance truck inspection
stations for seaports and communities with a high
percentage of container traffic in coordination with
ports, States, and local governments to enable seaport
and highway security around seaports.''.
Page 29, line 6, add at the end the following new sentence:
``Of the amount appropriated pursuant to the authorization of
appropriations under this paragraph for a fiscal year, up to
$20,000,000 is authorized to be made available to provide
grants for activities described in subsection (d)(13).''.
----------
12. An Amendment To Be Offered by Representative Jackson-Lee of Texas,
or Her Designee, Debatable for 10 Minutes
Page 32, line 11, strike ``and''.
Page 32, line 13, strike the period and insert ``; and''.
Page 32, after line 13, insert the following new paragraph:
``(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.''.
----------
13. An Amendment To Be Offered by Representative Weiner of New York, or
His Designee, Debatable for 10 Minutes
Page 29, after line 2, insert the following new subsection:
``(k) Quarterly Reports Required as a Condition of Homeland
Security Grants.--
``(1) Expenditure reports required.--As a condition
of receiving a grant under this section, the Secretary
shall require the grant recipient to submit quarterly
reports to the Secretary that describe each expenditure
made by the recipient using grant funds.
``(2) Deadline for reports.--Each report required
under paragraph (1) shall be submitted not later than
30 days after the last day of a fiscal quarter and
shall describe expenditures made during that fiscal
quarter.
``(3) Publication of expenditures.--
``(A) In general.--Not later than one week
after receiving a report under this subsection,
the Secretary shall publish and make publicly
available on the Internet website of the
Department a description of each expenditure
described in the report.
``(B) Waiver.--The Secretary may waive the
requirement of subparagraph (A) if the
Secretary determines that it is in the national
security interests of the United States to do
so.''.
----------
14. An Amendment To Be Offered by Representative Flake of Arizona, or
His Designee, Debatable for 10 Minutes
Page 21, line 5, insert ``REPEAL OF'' before ``PORT SECURITY
GRANT PROGRAM''.
Page 21, strike line 6 and all that follows through line 14
on page 29.
Page 29, strike line 15.
Page 29, line 16, redesignate paragraph (1) as subsection
(a).
Page 29, line 18, redesignate paragraph (2) as subsection
(b).
Page 37, strike line 23 and all that follows through line 2
on page 38.
----------
15. An Amendment To Be Offered by Representative Loretta Sanchez of
California, or Her Designee, Debatable for 10 Minutes
Page 63, line 8, insert at the end the following new
sentence: ``Such benefits may not include reduced scores in the
Automated Targeting System.''.