[House Report 109-711]
[From the U.S. Government Publishing Office]
109th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 109-711
======================================================================
SAFE PORT ACT
_______
September 29, 2006.--Ordered to be printed
_______
Mr. King of New York, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 4954]
The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
4954), to improve maritime and cargo security through enhanced
layered defenses, and for other purposes, having met, after
full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Security
and Accountability For Every Port Act of 2006'' or the ``SAFE
Port Act''.
(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. Study to identify redundant background records checks.
Sec. 106. Prohibition of issuance of transportation security cards to
persons convicted of certain felonies.
Sec. 107. Long-range vessel tracking.
Sec. 108. Establishment of interagency operational centers for port
security.
Sec. 109. Notice of arrival for foreign vessels on the Outer Continental
Shelf.
Sec. 110. Enhanced crewmember identification.
Subtitle B--Port Security Grants; Training and Exercise Programs
Sec. 111. Risk assessment tool.
Sec. 112. Port security grants.
Sec. 113. Port Security Training Program.
Sec. 114. Port Security Exercise Program.
Sec. 115. Facility exercise requirements.
Subtitle C--Port Operations
Sec. 121. Domestic radiation detection and imaging.
Sec. 122. Inspection of car ferries entering from abroad.
Sec. 123. Random searches of containers.
Sec. 124. Work stoppages and employee-employer disputes.
Sec. 125. Threat assessment screening of port truck drivers.
Sec. 126. Border Patrol unit for United States Virgin Islands.
Sec. 127. Report on arrival and departure manifests for certain
commercial vessels in the United States Virgin Islands.
Sec. 128. Center of Excellence for Maritime Domain Awareness.
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. Third party validations.
Sec. 219. Revalidation.
Sec. 220. Noncontainerized cargo.
Sec. 221. C-TPAT program management.
Sec. 222. Additional personnel.
Sec. 223. Authorization of appropriations.
Subtitle C--Miscellaneous Provisions
Sec. 231. Pilot integrated scanning system.
Sec. 232. Screening and scanning of cargo containers.
Sec. 233. International cooperation and coordination.
Sec. 234. Foreign port assessments.
Sec. 235. Pilot program to improve the security of empty containers.
Sec. 236. Information sharing relating to supply chain security
cooperation.
TITLE III--ADMINISTRATION
Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology
Advisory Committee.
Sec. 303. Research, development, test, and evaluation efforts in
furtherance of maritime and cargo security.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
Sec. 401. Trade and customs revenue functions of the department.
Sec. 402. Office of international trade; oversight.
Sec. 403. Resources.
Sec. 404. Negotiations.
Sec. 405. International Trade Data System.
Sec. 406. In-bond cargo.
Sec. 407. Sense of the Senate.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 501. Establishment of Domestic Nuclear Detection Office.
Sec. 502. Technology research and development investment strategy for
nuclear and radiological detection.
TITLE VI--COMMERCIAL MOBILE SERVICE ALERTS
Sec. 601. Short title.
Sec. 602. Federal Communications Commission duties.
Sec. 603. Commercial Mobile Service Alert Advisory Committee.
Sec. 604. Research and development.
Sec. 605. Grant program for remote community alert systems.
Sec. 606. Funding.
Sec. 607. Essential services disaster assistance.
Sec. 608. Community disaster loans.
Sec. 609. Public facilities.
Sec. 610. Expedited payments.
Sec. 611. Use of local contracting.
Sec. 612. FEMA programs.
Sec. 613. Homeland security definition.
TITLE VII--OTHER MATTERS
Sec. 701. Security plan for essential air service and small community
airports.
Sec. 702. Disclosures regarding homeland security grants.
Sec. 703. Trucking security.
Sec. 704. Air and Marine Operations of the Northern Border Air Wing.
Sec. 705. Phaseout of vessels supporting oil and gas development.
Sec. 706. Coast Guard property in Portland, Maine.
Sec. 707. Methamphetamine and methamphetamine precursor chemicals.
Sec. 708. Aircraft charter customer and lessee prescreening program.
Sec. 709. Protection of health and safety during disasters.
TITLE VIII--UNLAWFUL INTERNET GAMBLING ENFORCEMENT
Sec. 801. Short title.
Sec. 802. Prohibition on acceptance of any payment instrument for
unlawful Internet gambling.
Sec. 803. Internet gambling in or through foreign jurisdictions.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except
as otherwise provided, 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;
(H) the Committee on Ways and Means of the
House of Representatives; and
(I) other congressional committees, as
appropriate.
(2) Commercial operations advisory committee.--The
term ``Commercial Operations Advisory Committee'' means
the Advisory Committee established pursuant to section
9503(c) of the Omnibus Budget Reconciliation Act of
1987 (19 U.S.C. 2071 note) or any successor committee.
(3) Commercial seaport personnel.--The term
``commercial seaport personnel'' includes any person
engaged in an activity relating to the loading or
unloading of cargo or passengers, 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.
(4) Commissioner.--The term ``Commissioner'' means
the Commissioner responsible for the United States
Customs and Border Protection of the Department of
Homeland Security.
(5) Container.--The term ``container'' has the
meaning given the term in the InternationalConvention
for Safe Containers, with annexes, done at Geneva, December 2, 1972 (29
UST 3707).
(6) 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.
(7) Department.--The term ``Department'' means the
Department of Homeland Security.
(8) 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.
(9) 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.
(10) International supply chain.--The term
``international supply chain'' means the end-to-end
process for shipping goods to or from the United States
beginning at the point of origin (including
manufacturer, supplier, or vendor) through a point of
distribution to the destination.
(11) 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.
(12) Scan.--The term ``scan'' means utilizing
nonintrusive imaging equipment, radiation detection
equipment, or both, to capture data, including images
of a container.
(13) 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.
(14) 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.
(15) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(16) 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 (as defined in section 70101(6) of title 46,
United States Code).
(17) 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 persons engaged in the
surface transportation of intermodal containers
in or out of a port facility'';
(B) in subparagraph (F), by striking
``and'' at the end;
(C) in subparagraph (G), by striking the
period at the end and inserting ``; and''; and
(D) by adding at the end the following:
``(H) in the case of a security plan for a
facility, be resubmitted for approval of each change in
the ownership or operator of the facility that may
substantially affect the security of the facility.'';
and
(2) by adding at the end the following:
``(8)(A) The Secretary shall require that the qualified
individual having full authority to implement security actions
for a facility described in paragraph (2) shall be a citizen of
the United States.
``(B) The Secretary may waive the requirement of
subparagraph (A) with respect to an individual if the Secretary
determines that it is appropriate to do so based on a complete
background check of the individual and a review of all
terrorist watch lists to ensure that the individual is not
identified on any such terrorist watch list.''.
SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.
Section 70103(c)(4)(D) of title 46, United States Code, is
amended to read as follows:
``(D) subject to the availability of
appropriations, verify the effectiveness of each such
facility security plan periodically, but not less than
2 times per year, 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 Mariners' 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 applying for a transportation security
card under this section who has passed a background check under
section 5103a(d) of title 49, United States Code, and who has a
current hazardous materialsendorsement in accordance with
section 1572 of title 49, Code of Federal Regulations, and each
individual with a current merchant mariners' document who has passed a
criminal background check under section 7302(d)--
``(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,
except for any incremental costs in the event that the
scope of such background checks diverge.
``(i) Implementation Schedule.--In implementing the
transportation security card program under this section, the
Secretary shall--
``(1) establish a priority for each United States
port based on risk, including vulnerabilities assessed
under section 70102; and
``(2) implement the program, based upon such risk
and other factors as determined by the Secretary, at
all facilities regulated under this chapter at--
``(A) the 10 United States ports that the
Secretary designates top priority 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 mariners' documents on the date of the enactment of
the SAFE Port Act.
``(k) Deployment of Transportation Security Card Readers.--
``(1) Pilot program.--
``(A) In general.--The Secretary shall
conduct a pilot program to test the business
processes, technology, and operational impacts
required to deploy transportation security card
readers at secure areas of the marine
transportation system.
``(B) Geographic locations.--The pilot
program shall take place at not fewer than 5
distinct geographic locations, to include
vessels and facilities in a variety of
environmental settings.
``(C) Commencement.--The pilot program
shall commence not later than 180 days after
the date of the enactment of the SAFE Port Act.
``(2) Correlation with transportation security
cards.--
``(A) In general.--The pilot program
described in paragraph (1) shall be conducted
concurrently with the issuance of the
transportation security cards described in
subsection (b) to ensure card and card reader
interoperability.
``(B) Fee.--An individual charged a fee for
a transportation security card issued under
this section may not be charged an additional
fee if the Secretary determines different
transportation security cards are needed based
on the results of the pilot program described
in paragraph (1) or for other reasons related
to the technology requirements for the
transportation security card program.
``(3) Regulations.--Not later than 2 years after
the commencement of the pilot program under paragraph
(1)(C), the Secretary, after a notice and comment
period that includes at least 1 public hearing, shall
promulgate final regulations that require the
deployment of transportation security card readers that
are consistent with the findings of the pilot program
and build upon the regulations prescribed under
subsection (a).
``(4) Report.--Not later than 120 days before the
promulgation of regulations under paragraph (3), the
Secretary shall submit a comprehensive report to the
appropriate congressional committees (as defined in
section 2(1) of SAFE Port Act) that includes--
``(A) the findings of the pilot program
with respect to technical and operational
impacts of implementing a transportation
security card reader system;
``(B) any actions that may be necessary to
ensure that all vessels and facilities to which
this section applies are able to comply with
such regulations; 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 SAFE Port Act, 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(1) of the
SAFE Port Act).
``(m) Limitation.--The Secretary may not require the
placement of an electronic reader for transportation security
cards on a vessel unless--
``(1) the vessel has more individuals on the crew
that are required to have a transportation security
card than the number the Secretary determines, by
regulation issued under subsection (k)(3), warrants
such a reader; or
``(2) the Secretary determines that the vessel is
at risk of a severe transportation security
incident.''.
(b) Clarification of Eligibility for Transportation
Security Cards.--Section 70105 of title 46, United States Code,
is amended--
(1) in subsection (b)(2)--
(A) in subparagraph (E), by striking
``and'' at the end;
(B) in subparagraph (F), by striking the
period at the end and inserting ``; and''; and
(C) 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.''; and
(2) in subsection (c)(2), by inserting
``subparagraph (A), (B), or (D)'' before ``paragraph
(1)''.
(c) Deadline for Section 70105 Regulations.--Not later than
January 1, 2007, the Secretary shall promulgate final
regulations implementing the requirements for issuing
transportation security cards under section 70105 of title 46,
United States Code. 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. 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
for the Department 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) 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. 106. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
PERSONS CONVICTED OF CERTAIN FELONIES.
The Secretary, in issuing a final rule pursuant to section
70105 of title 46, United States Code, shall provide for the
disqualification of individuals who have been found guilty or
have been found not guilty by reason of insanity of a felony,
involving--
(1) treason, or conspiracy to commit treason;
(2) espionage, or conspiracy to commit espionage;
(3) sedition, or conspiracy to commit sedition; or
(4) a crime listed in chapter 113B of title 18,
United States Code, a comparable State law, or
conspiracy to commit such crime.
SEC. 107. 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. 108. 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 SAFE Port Act.
``(b) Characteristics.--The interagency operational centers
established under this section shall--
``(1) utilize, as appropriate, the compositional
and operational characteristics of existing centers,
including--
``(A) the pilot project interagency
operational centers for port security in Miami,
Florida; Norfolk/Hampton Roads, Virginia;
Charleston, South Carolina; and 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) in addition to the Coast Guard, provide, as
the Secretary determines appropriate, for participation
by representatives of the United States Customs and
Border Protection, the United States Immigration and
Customs Enforcement, 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 SAFE Port Act;
``(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.
``(d) Security Incidents.--During a transportation security
incident on or adjacent to waters subject to the jurisdiction
of the United States, the Coast Guard Captain of the Port
designated by the Commandant of the Coast Guard in a maritime
security command center described in subsection (a) shall act
as the incident commander, unless otherwise directed by the
President.
``(e) Rule of Construction.--Nothing in this section shall
be construed to affect the normal command and control
procedures for operational entities in the Department, unless
so directed by the Secretary.
``(f) Authorization of Appropriations.--There are
authorized to be appropriated $60,000,000 for each of the
fiscal years 2007 through 2012 to carry out this section.''.
(b) 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
of the department in which the Coast Guard is operating 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. 109. 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 of the
department in which the Coast Guard is operating shall update
and finalize the rulemaking on notice of arrival for foreign
vessels on the Outer Continental Shelf.
(b) Content of Regulations.--The regulations promulgated
pursuant to subsection (a) 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.
SEC. 110. 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 1 year after the date of
enactment of the SAFE Port Act, the''; and
(2) in subsection (b) by striking ``The'' and
inserting ``Not later than 1 year after the date of
enactment of the SAFE Port Act, the''.
Subtitle B--Port Security Grants; Training and Exercise Programs
SEC. 111. RISK ASSESSMENT TOOL.
In updating Area Maritime Security Plans required under
section 70103(b)(2)(F) of title 46, United States Code, and in
applying for grants under section 70107 of such title, the
Secretary of the Department in which the Coast Guard is
operating shall make available, and Area Maritime Security
Committees may use a risk assessment tool that uses
standardized risk criteria, such as the Maritime Security Risk
Assessment Tool used by the Coast Guard.
SEC. 112. 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) Eligible Uses.--Section 70107(b) of title 46, United
States Code, is amended--
(1) in paragraph (2), by inserting after
``crewmembers.'' the following: ``Grants awarded under
this section may not be used to construct buildings or
other physical facilities, except those which are
constructed under terms and conditions consistent with
the requirements under section 611(j)(8) of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121(j)(8)), including those facilities
in support of this paragraph, and specifically approved
by the Secretary. Costs eligible for funding under this
paragraph may not exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be
approved by the Secretary, which may not exceed
10 percent of the total amount of the grant.'';
and
(2) by adding at the end the following:
``(5) The cost of conducting exercises or training
for prevention and detection of, preparedness for,
response to, or recovery from terrorist attacks.
``(6) The cost of establishing or enhancing
mechanisms for sharing terrorism threat information and
ensuring that the mechanisms are interoperable with
Federal, State, and local agencies.
``(7) The cost of equipment (including software)
required to receive, transmit, handle, and store
classified information.''.
(c) Multiple-Year Projects, etc.--Section 70107 of title
46, United States Code, is amended--
(1) by redesignating subsections (e), (f), (g),
(h), and (i) as subsections (i), (j), (k), (l), and
(m), respectively, and by inserting after subsection
(d) the following:
``(e) Multiple-Year Projects.--
``(1) Letters of intent.--The Secretary may execute
letters of intent to commit funding to such
authorities, operators, and agencies.
``(2) Limitation.--Not more than 20 percent of the
grant funds awarded under this subsection in any fiscal
year may be awarded for projects that span multiple
years.
``(f) Consistency With Plans.--The Secretary shall ensure
that each grant awarded under subsection (e)--
``(1) is used to supplement and support, in a
consistent and coordinated manner, the applicable Area
Maritime Transportation Security Plan; and
``(2) is coordinated with any applicable State or
Urban Area Homeland Security Plan.
``(g) Applications.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a
grant under this section, at such time, in such form, and
containing such information and assurances as the Secretary may
require.
``(h) Reports.--Not later than 180 days after the date of
the enactment of the SAFE Port Act, 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.''; and
(2) in subsection (i)(1), as redesignated, by
striking ``program'' and inserting ``Secretary''.
(d) Authorization of Appropriations.--Section 70107(l) of
title 46, United States Code, as redesignated, 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 striking ``national economic and
strategic defense concerns'' and inserting ``national economic,
energy, and strategic defense concerns based upon the most
current risk assessments available''.
SEC. 113. 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 ``Training
Program'') for the purpose of enhancing the capabilities of
each facility required to submit a plan under section 70103(c)
of title 46, United States Code, 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 Training 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) facility security plans and procedures,
including how security plans and procedures are
adjusted when threat levels increase;
(B) facility security force operations and
management;
(C) physical security and access control at
facilities;
(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 individuals in
neighborhoods around facilities required to submit a
plan under section 70103(c) of title 46, United States
Code, on how to observe and report security risks.
(c) Vessel and Facility Security Plans.--Section
70103(c)(3) of title 46, United States Code, is amended--
(1) by redesignating subparagraphs (F), (G), and
(H) (as added by section 102(1)(D)) as subparagraphs
(G), (H), and (I), respectively; and
(2) by inserting after subparagraph (E) the
following:
``(F) provide a strategy and timeline for
conducting training and periodic unannounced drills;''.
(d) Consultation.--The Secretary shall ensure that, in
carrying out the Program, the Office of Grants and Training
shall consult with commercial seaport personnel and management.
(e) Training Partners.--In developing and delivering
training under the Training 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 nongovernmental 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. 114. 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, shall establish a Port Security
Exercise Program (referred to in this section as the ``Exercise
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 facilities required
to submit a plan under section 70103(c) of title 46, United
States Code.
(b) Requirements.--The Secretary shall ensure that the
Exercise Program--
(1) conducts, on a periodic basis, port security
exercises at such facilities that are--
(A) scaled and tailored to the needs of
each facility;
(B) live, in the case of the most at-risk
facilities;
(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, commercial 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
facilities 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 exercise 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 Exercise Program;
(3) monitor the implementation of lessons learned
and best practices by participants in the Exercise
Program; and
(4) conduct remedial action tracking and long-term
trend analysis.
SEC. 115. FACILITY EXERCISE REQUIREMENTS.
The Secretary of the Department in which the Coast Guard is
operating shall require each high risk facility to conduct live
or full-scale exercises described in section 105.220(c) of
title 33, Code of Federal Regulations, not less frequently than
once every 2 years, in accordance with the facility security
plan required under section 70103(c) of title 46, United States
Code.
Subtitle C--Port Operations
SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) Scanning Containers.--Subject to section 1318 of title
19, United States Code, not later than December 31, 2007, all
containers entering the United States through the 22 ports
through which the greatest volume of containers enter the
United States by vessel shall be scanned for radiation. To the
extent practicable, the Secretary shall deploy next generation
radiation detection technology.
(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 and a
radiation risk reduction plan, in consultation with the
Nuclear Regulatory Commission, the Occupational Safety
and Health Administration, and the National Institute
for Occupational Safety and Health, that seeks to
minimize radiation exposure of workers and the public
to levels as low as reasonably achievable;
(7) the policy of the Department for using
nonintrusive imaging 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
submission of the report under subsection (c), the Secretary
shall 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 to the appropriate congressional
committees a report on the feasibility of, and a strategy for,
the development of equipment to detect and prevent shielded
nuclear and radiological threat material and chemical,
biological, and other weapons of mass destruction from entering
the United States.
(f) Standards.--The Secretary, acting through the Director
for Domestic Nuclear Detection and in collaboration 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 not 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 an Intermodal Rail Radiation
Detection Test Center (referred to in this subsection
as the ``Test Center'').
(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 Center shall be located
within a public port facility at which a majority of
the containerized cargo is directly laden from (or
unladen to) on-dock, intermodal rail.
SEC. 122. 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
facility required to submit a plan under section 70103(c) of
title 46, United States Code.
SEC. 123. 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. 124. 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 employee-related action not related to
terrorism and resulting from an employee-employer dispute.''.
SEC. 125. THREAT ASSESSMENT SCREENING OF PORT TRUCK DRIVERS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall implement a threat assessment
screening, including name-based checks against terrorist watch
lists and immigration status check, for all port truck drivers
with access to secure areas of a port who have a commercial
driver's license but do not have a current and valid hazardous
materials endorsement issued in accordance with section 1572 of
title 49, Code of Federal Regulations, 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).
SEC. 126. BORDER PATROL UNIT FOR UNITED STATES VIRGIN ISLANDS.
(a) In General.--The Secretary may establish at least 1
Border Patrol unit for the United States Virgin Islands.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to
the appropriate congressional committees that includes the
schedule, if any, for carrying out subsection (a).
SEC. 127. REPORT ON ARRIVAL AND DEPARTURE MANIFESTS FOR CERTAIN
COMMERCIAL VESSELS IN THE UNITED STATES VIRGIN
ISLANDS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report on the impact of implementing
the requirements of section 231 of the Immigration and
Nationality Act (8 U.S.C. 1221) (relating to providing United
States border officers with arrival and departure manifests)
with respect to commercial vessels that are fewer than 300
gross tons and operate exclusively between the territorial
waters of the United States Virgin Islands and the territorial
waters of the British Virgin Islands.
SEC. 128. CENTER OF EXCELLENCE FOR MARITIME DOMAIN AWARENESS.
(a) Establishment.--The Secretary 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 established under subsection (a)
shall--
(1) prioritize its activities based on the
``National Plan to Improve Maritime Domain Awareness''
published by the Department 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.
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 recommended by
the Commissioner;
(7) consider the impact of supply chain security
requirements on small- and medium-sized 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;
(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, the
National Maritime Transportation Security Plan, the
National Strategy for Maritime Security, 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, the
International Labor 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 270 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.--The Secretary shall develop and update, as
necessary, protocols for the resumption of trade in accordance
with section 201(b)(10) in the event of a transportation
disruption or a transportation security incident. The protocols
shall include--
(1) the identification of the appropriate initial
incident commander, if the Commandant of the Coast
Guard is not the appropriate person, and lead
departments, agencies, or offices to execute such
protocols;
(2) a plan to redeploy resources and personnel, as
necessary, to reestablish the flow of trade;
(3) a plan to provide training for the periodic
instruction of personnel of the United States Customs
and Border Protection, the Coast Guard, and the
Transportation Security Administration in trade
resumption functions and responsibilities; and
(4) appropriate factors for establishing
prioritization of vessels and cargo determined by the
President to be critical for response and recovery,
including factors relating to public health, national
security, and economic need.
(b) Vessels.--In determining the prioritization of vessels
accessing facilities (as defined under section 70101 of title
46, United States Code), the Commandant of the Coast Guard may,
to the extent practicable and consistent with the protocols and
plans required under this section to ensure the safe and secure
transit of vessels to ports in the United States after a
transportation security incident, give priority to a vessel--
(1) that has an approved security plan 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) that is manned by individuals who are described
in section 70105(b)(2)(B) of title 46, United States
Code; and
(3) that is operated by validated participants in
the Customs-Trade Partnership Against Terrorism
program.
(c) Cargo.--In determining the prioritization of the
resumption of the flow of cargo and consistent with the
protocols established under this section, the Commissioner may
give preference to cargo--
(1) entering a port of entry directly from a
foreign seaport designated under the Container Security
Initiative;
(2) from the supply chain of a validated C-TPAT
participant and other private sector entities, as
appropriate; or
(3) that has undergone--
(A) a nuclear or radiological detection
scan;
(B) an x-ray, density, or other imaging
scan; and
(C) a system to positively identify the
container at the last port of departure prior
to arrival in the United States, which data has
been evaluated and analyzed by personnel of the
United States Customs and Border Protection.
(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, 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) Requirement.--The Secretary, acting through the
Commissioner, shall require the electronic transmission to the
Department of additional data elements for improved high-risk
targeting, including appropriate security elements of entry
data, as determined by the Secretary, to be provided as
advanced information with respect to cargo destined for
importation into the United States prior to loading of such
cargo on vessels at foreign seaports.
(c) 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.
(d) Regulations.--The Secretary shall promulgate
regulations to carry out this section. In promulgating such
regulations, the Secretary shall adhere to the parameters
applicable to the development of regulations under section
343(a) of the Trade Act of 2002 (19 U.S.C. 2071 note),
including provisions relating to consultation, technology,
analysis, use of information, confidentiality, and timing
requirements.
(e) 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, which would incorporate smart
features, such as more complex algorithms and real-time
intelligence, instead of relying solely on rule sets
that are periodically updated;
(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;
(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; and
(5) develop a schedule to address the
recommendations of the Comptroller General of the
United States, the Inspector General of the Department
of the Treasury, and the Inspector General of the
Department with respect to the operation of the
Automated Targeting System.
(f) Secure Transmission of Certain Information.--All
information required by the Department from supply chain
partners shall be transmitted in a secure fashion, as
determined by the Secretary, so as to protect the information
from unauthorized access.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the United States Customs and Border
Protection to carry out the Automated Targeting System for
identifying high-risk oceanborne container cargo for
inspection--
(1) $33,200,000 for fiscal year 2008;
(2) $35,700,000 for fiscal year 2009; and
(3) $37,485,000 for fiscal year 2010.
SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.
(a) Establishment.--
(1) In general.--Not later than 90 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 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 submit 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.
(4) Deadline for enforcement.--Not later than 2
years after the date on which the standards and
procedures are established pursuant to paragraph (1),
all containers bound for ports of entry in the United
States shall meet such standards and procedures.
(b) Review and Enhancement.--The Secretary shall regularly
review and enhance the standards and procedures established
pursuant to subsection (a), as appropriate, based on tests of
technologies as they become commercially available to detect
container intrusion and the highest consequence threats,
particularly weapons of mass destruction.
(c) International Cargo Security Standards.--The Secretary,
in consultation with the Secretary of State, the Secretary of
Energy, and other Federal 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, the International
Organization for Standardization, the International Labor
Organization, and the World Customs Organization.
(d) International Trade and Other Obligations.--In carrying
out this section, the Secretary shall consult with appropriate
Federal departments and agencies and private sector
stakeholders and ensure that actions under this section do not
violate international trade obligations or other international
obligations of the United States.
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'' or
``CSI'') 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 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 cooperating
with the Department in sharing critical data and risk
management information and to maintain programs to
ensure employee integrity; 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.--
(1) Requirements and procedures.--The Secretary
shall--
(A) establish minimum technical capability
criteria and standard operating procedures for
the use of nonintrusive inspection and nuclear
and radiological detection systems in
conjunction with CSI;
(B) require each port designated under CSI
to operate nonintrusive inspection and nuclear
and radiological detection systems in
accordance with the technical capability
criteria and standard operating procedures
established under subparagraph (A);
(C) continually monitor the technologies,
processes, and techniques used to inspect cargo
at ports designated under CSI to ensure
adherence to such criteria and the use of such
procedures; and
(D) consult with the Secretary of Energy in
establishing the minimum technical capability
criteria and standard operating procedures
established under subparagraph (A) pertaining
to radiation detection technologies to promote
consistency in detection systems at foreign
ports designated under CSI.
(2) Constraints.--The criteria and procedures
established under paragraph (1)(A)--
(A) shall be consistent, as practicable,
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;
(B) shall not apply to activities conducted
under the Megaports Initiative of the
Department of Energy; and
(C) 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.
(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--
(1) coordinate with the Secretary of Energy, as
necessary, to provide radiation detection equipment
required to support the Container Security Initiative
through the Department of Energy's Second Line of
Defense Program and Megaports Initiative; or
(2) work with the private sector or host
governments, when possible, to obtain radiation
detection equipment that meets 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) Prohibition.--
(1) In general.--The Secretary shall issue a ``do
not load'' order, using existing authorities, to
prevent the onload of any cargo loaded at a port
designated under CSI that has been identified as high
risk, including by the Automated Targeting System,
unless the cargo is determined to no longer be high
risk through--
(A) a scan of the cargo with nonintrusive
imaging equipment and radiation detection
equipment;
(B) a search of the cargo; or
(C) additional information received by the
Department.
(2) Rule of construction.--Nothing in this
subsection shall be construed to interfere with the
ability of the Secretary to deny entry of any cargo
into the United States.
(l) 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 committees 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;
(F) the rationale for the continuance of
each port designated under CSI;
(G) a description of the potential for
remote targeting to decrease the number of
personnel who are deployed at foreign ports
under CSI; and
(H) 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).
(m) Authorization of Appropriations.--There are authorized
to be appropriated to the United States Customs and Border
Protection 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 programrequirements.
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) Timeframe.--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.
(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) submission of additional information regarding
cargo prior to loading, as determined by the Secretary;
(3) utilization of container security devices,
technologies, policies, or practices 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) further reduction in examinations of cargo;
(3) priority for examinations of cargo; and
(4) further reduction in the risk score assigned
pursuant to the Automated Targeting System; and
(5) 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. The
Commissioner shall develop procedures that provide appropriate
protections to C-TPAT participants before benefits are revoked.
Such procedures may not limit the ability of the Commissioner
to take actions to protect the national security of the United
States.
(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, after the completion of the process under
subsection (c), 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. THIRD PARTY VALIDATIONS.
(a) Plan.--The Secretary, acting through the Commissioner,
shall develop a plan to implement a 1-year voluntary pilot
program to test and assess the feasibility, costs, and benefits
of using third party entities to conduct validations of C-TPAT
participants.
(b) Consultations.--Not later than 120 days after the date
of the enactment of this Act, after consulting with private
sector stakeholders, including the Commercial Operations
Advisory Committee, the Secretary shall submit a report to the
appropriate congressional committees on the plan described in
subsection (a).
(c) Pilot Program.--
(1) In general.--Not later than 1 year after the
consultations described in subsection (b), the
Secretary shall carry out the 1-year pilot program to
conduct validations of C-TPAT participants using third
party entities described in subsection (a).
(2) Authority of the secretary.--The decision to
validate a C-TPAT participant is solely within the
discretion of the Secretary, or the Secretary's
designee.
(d) Certification of Third Party Entities.--The Secretary
shall certify a third party entity to conduct validations under
subsection (c) if the entity--
(1) demonstrates to the satisfaction of the
Secretary that the entity has the ability to perform
validations in accordance with standard operating
procedures and requirements designated by the
Secretary; and
(2) agrees--
(A) to perform validations in accordance
with such standard operating procedures and
requirements (and updates to such procedures
and requirements); and
(B) to maintain liability insurance
coverage at policy limits and in accordance
with conditions to be established by the
Secretary; and
(3) signs an agreement to protect all proprietary
information of C-TPAT participants with respect to
which the entity will conduct validations.
(e) Information for Establishing Limits of Liability
Insurance.--A third party entity seeking a certificate under
subsection (d) shall submit to the Secretary necessary
information for establishing the limits of liability insurance
required to be maintained by the entity under this Act.
(f) Additional Requirements.--The Secretary shall ensure
that--
(1) any third party entity certified under this
section does not have--
(A) any beneficial interest in or any
direct or indirect control over the C-TPAT
participant for which the validation services
are performed; or
(B) any other conflict of interest with
respect to the C-TPAT participant; and
(2) the C-TPAT participant has entered into a
contract with the third party entity under which the C-
TPAT participant agrees to pay all costs associated
with the validation.
(g) Monitoring.--
(1) In general.--The Secretary shall regularly
monitor and inspect the operations of a third party
entity conducting validations under subsection (c) to
ensure that the entity is meeting the minimum standard
operating procedures and requirements for the
validation of C-TPAT participants established by the
Secretary and all other applicable requirements for
validation services.
(2) Revocation.--If the Secretary determines that a
third party entity is not meeting the minimum standard
operating procedures and requirements designated by the
Secretary under subsection (d)(1), the Secretary
shall--
(A) revoke the entity's certificate of
conformance issued under subsection (d)(1); and
(B) review any validations conducted by the
entity.
(h) Limitation on Authority.--The Secretary may only grant
a C-TPAT validation by a third party entity pursuant to
subsection (c) if the C-TPAT participant voluntarily submits to
validation by such third party entity.
(i) Report.--Not later than 30 days after the completion of
the pilot program conducted pursuant to subsection (c), the
Secretary shall submit a report to the appropriate
congressional committees that contains--
(1) the results of the pilot program, including the
extent to which the pilot program ensured sufficient
protection for proprietary commercial information;
(2) the cost and efficiency associated with
validations under the pilot program;
(3) the impact of the pilot program on the rate of
validations conducted under C-TPAT;
(4) any impact on national security of the pilot
program; and
(5) any recommendations by the Secretary based upon
the results of the pilot program.
SEC. 219. 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 4-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. 220. 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. 221. 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.
(d) 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 postincident trade
resumption for personnel who administer the C-TPAT
program.
(e) Report to Congress.--In connection with the President's
annual budget submission for the Department, 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.
SEC. 222. ADDITIONAL PERSONNEL.
For fiscal years 2008 and 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 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 amounts
otherwise appropriated to the United States Customs and Border
Protection, 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 2008;
(2) $17,600,000 for fiscal year 2009;
(3) $19,000,000 for fiscal year 2010;
(4) $20,000,000 for fiscal year 2011; and
(5) $21,000,000 for fiscal year 2012.
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) Coordination.--The Secretary shall--
(1) coordinate with the Secretary of Energy, as
necessary, to provide radiation detection equipment
through the Department of Energy's Second Line of
Defense and Megaports programs; or
(2) work with the private sector or, when possible,
host governments to obtain radiation detection
equipment that meets both the Department's and the
Department of Energy's technical specifications for
such equipment.
(c) Pilot System 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 scanning system at the ports designated under
subsection (a), which--
(1) shall scan all containers destined for the
United States that are loaded in such ports;
(2) shall electronically transmit the images and
information to appropriate United States Government
personnel in the country in which the port is located
or in the United States for evaluation and analysis;
(3) shall resolve every radiation alarm according
to established Department procedures;
(4) shall utilize the information collected to
enhance the Automated Targeting System or other
relevant programs;
(5) shall store the information for later retrieval
and analysis; and
(6) may provide an automated notification of
questionable or high-risk cargo as a trigger for
further inspection by appropriately trained personnel.
(d) Report.--Not later than 180 days after achieving full-
scale implementation under subsection (c), the Secretary, in
consultation with the Secretary of State and, as appropriate,
the Secretary of Energy, 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 the effectiveness of the
integrated scanning system in detecting shielded and
unshielded nuclear and radiological material;
(4) an evaluation of software and other
technologies that are capable of automatically
identifying potential anomalies in scanned containers;
and
(5) 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 forreference and analysis in the event of
a transportation disruption;
(E) an analysis of requirements, including
costs, to install and maintain an integrated
scanning system;
(F) the ability of administering personnel
to efficiently manage and utilize the data
produced by a nonintrusive scanning system;
(G) the ability to safeguard commercial
data generated by, or submitted to, a
nonintrusive scanning system; and
(H) an assessment of the reliability of
currently available technology to implement an
integrated scanning system.
SEC. 232. SCREENING AND SCANNING OF CARGO CONTAINERS.
(a) One Hundred 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
originating outside the United States and unloaded at a
United States 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 under
paragraph (1), or through other means, are scanned or
searched 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,
as appropriate, shall ensure integrated scanning systems are
fully deployed to scan, using nonintrusive imaging equipment
and radiation detection equipment, all containers entering the
United States before such containers arrive in the United
States as soon as possible, but not before 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 at which the
integrated scanning systems are deployed.
SEC. 233. 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.
(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 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 and United
States Territories.--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 United
States territories''; and
(2) by adding at the end the following:
``(e) Assistance for Foreign Ports and United States
Territories.--
``(1) In general.--The Secretary, in consultation
with the Secretary of Transportation, the Secretary of
State, and the Secretary of Energy, shall identify
assistance programs that could facilitate
implementation of port security antiterrorism measures
in foreign countries and territories of the United
States. The Secretary shall establish a program to
utilize the programs that are capable of implementing
port security antiterrorism measures atports in foreign
countries and territories of the United States that the Secretary finds
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 and United States
territories.''.
SEC. 234. FOREIGN PORT ASSESSMENTS.
Section 70108 of title 46, United States Code, is amended
by adding at the end the following:
``(d) Periodic Reassessment.--The Secretary, acting through
the Commandant of the Coast Guard, shall reassess the
effectiveness of antiterrorism measures maintained at ports as
described under subsection (a) and of procedures described in
subsection (b) not less than once every 3 years.''.
SEC. 235. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY CONTAINERS.
(a) In General.--The Secretary shall conduct a 1-year pilot
program to assess the risk posed by and improve the security of
empty containers at United States seaports to ensure the safe
and secure delivery of cargo and to prevent potential acts of
terrorism involving such containers. The pilot program shall
include the use of visual searches of empty containers at
United States seaports.
(b) Report.--Not later than 90 days after the completion of
the pilot program under paragraph (1), the Secretary shall
prepare and submit to the appropriate congressional committees
a report that contains--
(1) the results of the pilot program; and
(2) the determination of the Secretary on whether
to expand the pilot program.
SEC. 236. INFORMATION SHARING RELATING TO SUPPLY CHAIN SECURITY
COOPERATION.
(a) Purposes.--The purposes of this section are--
(1) to establish continuing liaison and to provide
for supply chain security cooperation between
Department and the private sector; and
(2) to provide for regular and timely interchange
of information between the private sector and the
Department concerning developments and security risks
in the supply chain environment.
(b) System.--The Secretary shall develop a system to
collect from and share appropriate risk information related to
the supply chain with the private sector entities determined
appropriate by the Secretary.
(c) Consultation.--In developing the system under
subsection (b), the Secretary shall consult with the Commercial
Operations Advisory Committee and a broad range of public and
private sector entities likely to utilize the system, including
importers, exporters, carriers, customs brokers, and freight
forwarders, among other parties.
(d) Independently Obtained Information.--Nothing in this
section shall be construed to limit or otherwise affect the
ability of a Federal, State, or local government entity, under
applicable law, to obtain supply chainsecurity information,
including any information lawfully and properly disclosed generally or
broadly to the public and to use such information in any manner
permitted by law.
(e) Authority to Issue Warnings.--The Secretary may provide
advisories, alerts, and warnings to relevant companies,
targeted sectors, other governmental entities, or the general
public regarding potential risks to the supply chain as
appropriate. In issuing a warning, the Secretary shall take
appropriate actions to protect from disclosure--
(1) the source of any voluntarily submitted supply
chain security information that forms the basis for the
warning; and
(2) information that is proprietary, business
sensitive, relates specifically to the submitting
person or entity, or is otherwise not appropriately in
the public domain.
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) Rule of Construction.--Nothing in this section shall be
construed to affect--
(1) the authorities, functions, or capabilities of
the Coast Guard to perform its missions; or
(2) the requirement under section 888 of the
Homeland Security Act (6 U.S.C. 468) that those
authorities, functions, and capabilities be maintained
intact.
(d) 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 Under 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, testing, 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 Commandant of theCoast Guard, the
Director for Domestic Nuclear Detection, the Chief Financial Officer,
and the heads of other appropriate offices or entities of the
Department, shall ensure that--
(1) research, development, testing, and evaluation
efforts funded by the Department in furtherance of
maritime and cargo security are coordinated within the
Department and with other appropriate Federal agencies
to avoid duplication of efforts; and
(2) the results of such efforts are shared
throughout the Department and with other Federal,
State, and local agencies, as appropriate.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
SEC. 401. TRADE AND CUSTOMS REVENUE FUNCTIONS OF THE DEPARTMENT.
(a) Trade and Customs Revenue Functions.--
(1) Designation of appropriate official.--The
Secretary shall designate an appropriate senior
official in the office of the Secretary who 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 the
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.
(2) Director of trade policy.--There shall be a
Director of Trade Policy (in this subsection referred
to as the ``Director''), who shall be subject to the
direction and control of the official designated
pursuant to paragraph (1). The Director shall--
(A) advise the official designated pursuant
to paragraph (1) regarding all aspects of
Department policies relating to the trade and
customs revenue functions of the Department;
(B) coordinate the development of
Department-wide policies regarding trade and
customs revenue functions and trade
facilitation; and
(C) coordinate the trade and customs
revenue-related policies of the Department with
the policies of other Federal departments and
agencies.
(b) Study; Report.--
(1) In general.--The Comptroller General of the
United States 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 United
States Customs Service have been consolidated
with other functions of the Department
(including the assignment of noncustoms revenue
functions to personnel responsible for customs
revenue collection), discontinued, or
diminished following the transfer of the United
States 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 United States 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.
(3) 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 the study
conducted under subsection (a).
(4) Maintenance of functions.--Not later than
September 30, 2007, the Secretary 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 implementation of this
paragraph.
(5) 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)).
(c) Consultation on Trade and Customs Revenue Functions.--
(1) Business community consultations.--The
Secretary shall consult with representatives of the
business community involved in international trade,
including seeking the advice and recommendations of the
Commercial Operations Advisory Committee, on Department
policies and actions that havea significant impact on
international trade and customs revenue functions.
(2) Congressional consultation and notification.--
(A) In general.--Subject to subparagraph
(B), the Secretary shall notify the appropriate
congressional committees not later than 30 days
prior to the finalization of any Department
policies, initiatives, or actions that will
have a major impact on trade and customs
revenue functions. Such notifications shall
include a description of the proposed policies,
initiatives or actions and any comments or
recommendations provided by the Commercial
Operations Advisory Committee and other
relevant groups regarding the proposed
policies, initiatives or actions.
(B) Exception.--If the Secretary determines
that it is important to the national security
interest of the United States to finalize any
Department policies, initiatives, or actions
prior to the consultation described in
subparagraph (A), the Secretary shall--
(i) notify and provide any
recommendations of the Commercial
Operations Advisory Committee received
to the appropriate congressional
committees not later than 45 days after
the date on which the policies,
initiatives, or actions are finalized;
and
(ii) to the extent appropriate,
modify the policies, initiatives, or
actions based upon the consultations
with the appropriate congressional
committees.
(d) Notification of Reorganization of Customs Revenue
Functions.--
(1) In general.--Not less than 45 days prior to any
change in the organization of any of the customs
revenue functions of the Department, the Secretary
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 to be transferred as part of
such reorganization, and the reason for such transfer.
The notification shall also include--
(A) an explanation of how trade enforcement
functions will be impacted by the
reorganization;
(B) an explanation of how the
reorganization meets the requirements of
section 412(b) of the Homeland Security Act of
2002 (6 U.S.C. 212(b)) that the Department not
diminish the customs revenue and trade
facilitation functions formerly performed by
the United States Customs Service; and
(C) any comments or recommendations
provided by the Commercial Operations Advisory
Committee regarding such reorganization.
(2) Analysis.--Any congressional committee referred
to in paragraph (1) may request that the Commercial
Operations Advisory Committee provide a report to the
committee analyzing the impact of the reorganization
and providing any recommendations for modifying the
reorganization.
(3) Report.--Not later than 1 year after any
reorganization referred to in paragraph (1) takes
place, the Secretary, in consultation with the
Commercial Operations Advisory 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. Such report shall include an
assessment of the impact of, and any suggested
modifications to, such reorganization.
SEC. 402. OFFICE OF INTERNATIONAL TRADE; OVERSIGHT.
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.--
``(i) In general.--Not later than
90 days after the date of the enactment
of the SAFE Port Act, 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.
``(ii) Limitation on funds.--No
funds appropriated to the United States
Customs and Border Protection may be
used to transfer the assets, functions,
or personnel of the Office of Strategic
Trade,to an office other than the
office established pursuant to paragraph (1) of this subsection.
``(B) Office of regulations and rulings.--
``(i) In general.--Not later than
90 days after the date of the enactment
of the SAFE Port Act, 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.
``(ii) Limitation on funds.--No
funds appropriated to the United States
Customs and Border Protection may be
used to transfer the assets, functions,
or personnel of the Office of
Regulations and Rulings, to an office
other than the office established
pursuant to paragraph (1) of this
subsection.
``(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 less than 45
days prior to 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 to
be transferred, and the reason for such
transfer. Such notification shall also
include--
``(i) an explanation of how trade
enforcement functions will be impacted
by the reorganization;
``(ii) an explanation of how the
reorganization meets the requirements
of section 412(b) of the Homeland
Security Act of 2002 (6 U.S.C. 212(b))
that the Department of Homeland
Security not diminish the customs
revenue and trade facilitation
functions formerly performed by the
United States Customs Service; and
``(iii) any comments or
recommendations provided by the
Commercial Operations Advisory
Committee regarding such
reorganization.
``(D) Report.--Not later than 1 year after
any reorganization pursuant to subparagraph (C)
takes place, the Commissioner, in consultation
with the Commercial Operations Advisory
Committee, shall report to the Committee on
Finance of the Senate and the Committee on Ways
and Means of the House of Representatives. Such
report shall include an assessment of the
impact of, and any suggested modifications to,
such reorganization.
``(E) Limitation on authority.--
Notwithstanding any other provision of law, the
Commissioner shall not transfer any assets,
functions, or personnel from United States
ports of entry, associated with the enforcement
of laws relating to trade in textiles and
apparel, to the Office of International Trade
established pursuant to paragraph (1), until
the following conditions are met:
``(i) The Commissioner submits the
initial Resource Allocation Model
required by section 301(h) of the
Customs and Procedural Reform and
Simplification Act of 1978 (19 U.S.C.
2075) and includes in such Resource
Allocation Model a section addressing
the allocation of assets, functions,
and personnel associated with the
enforcement of laws relating to trade
in textiles and apparel.
``(ii) The Commissioner consults
with the Committee on Finance of the
Senate and the Committee on Ways and
Means of the House of Representatives
regarding any subsequent transfer of
assets, functions, or personnel
associated with the enforcement of laws
relating to trade in textiles and
apparel, not less than 45 days prior to
such transfer.
``(F) Limitation on appropriations.--No
funds appropriated to the United States Customs
and Border Protection may be used to transfer
the assets, functions, or personnel associated
with the enforcement of laws relating to trade
in textiles and apparel, before the
Commissioner consults with the congressional
committees pursuant to subparagraph (E)(ii).
``(e) International Trade Committee.--
``(1) Establishment.--The Commissioner shall
establish an International Trade 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 Finance, the Assistant Commissioner in the
Office of International Affairs, the Assistant
Commissioner in the Office of International Trade, the
Director of the Office of Trade Relations, and any
other official determined by the Commissioner to be
important to the work of the Committee.
``(2) Responsibilities.--The International Trade
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;
``(B) assist the Commissioner in
coordinating with the Secretary regarding
commercial customs and trade facilitation
functions; and
``(C) oversee 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 International Trade
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 Committee during the
preceding fiscal year; and
``(B) identify the priorities of the
International Trade Committee for the fiscal
year in which the report is filed.
``(f) Definition.--In this section:
``(1) Commissioner.--The term `Commissioner' means
the Commissioner responsible for the United States
Customs and Border Protection in the Department of
Homeland Security.
``(2) Commercial operations advisory committee.--
The term `Commercial Operations Advisory Committee'
means the Advisory Committee established pursuant to
section 9503(c) of the Omnibus Budget Reconciliation
Act of 1987 (19 U.S.C. 2071 note) or any successor
committee.''.
SEC. 403. 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, 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 duty 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 200
additional Customs and Border Protection
Officers per year for each of the fiscal years
2008 through 2012. The Commissioner shall hire
such additional Officers subject to the
appropriation of funds to pay for the salaries
and expenses of such Officers. In assigning the
1,000 additional Officers authorized by this
subparagraph, the Commissioner shall--
``(i) consider the volume of trade
and the incidence of nonvoluntarily
disclosed customs and trade law
violations in addition to security
priorities among United States ports of
entry; and
``(ii) before October 1, 2010,
assign at least 10 additional Officers
among each service port and the ports
of entry serviced by such service port,
except as provided in subparagraph (C).
``(C) Assignment.--In assigning such
Officers pursuant to subparagraph (B), the
Commissioner shall consult with the port
directors of each service port and the other
ports of entry serviced by such service port.
The Commissioner shall not assign an Officer to
a port of entry pursuant to subparagraph
(B)(ii) if theport director of the service port
that services such port of entry certifies to the Commissioner that an
additional Officer is not needed at such port of entry.
``(D) Report.--Not later than 60 days after
the beginning of each of the fiscal years 2008
through 2012, the Commissioner shall submit a
report to the Committee on Finance of the
Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the
Committee on Homeland Security of the House of
Representatives, and the Committee on Ways and
Means of the House of Representatives, that
describes how the additional Officers
authorized under subparagraph (B) will be
allocated among the ports of entry in the
United States in accordance with subparagraph
(C).
``(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) $36,000,000 for fiscal year 2008;
``(B) $75,000,000 for fiscal year 2009;
``(C) $118,000,000 for fiscal year 2010;
``(D) $165,000,000 for fiscal year 2011;
and
``(E) $217,000,000 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 SAFE Port Act, 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 responsibility for
the prompt development and promulgation of regulations
necessary to implement any trade agreement entered into
by the United States, in addition to any other
responsibilities assigned by the Commissioner.
``(6) Definition.--In this subsection, the term
`Commissioner' means the Commissioner responsible for
United States Customs and Border Protection in the
Department of Homeland Security.''.
SEC. 404. 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. 405. 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 subsection, 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 fully
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 vital
national interest of the United States.
``(D) Consultation.--The Secretary shall
consult with and assist the United States
Customs and Border Protection and other
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.
In so doing, the Secretary shall also consult
with private sector stakeholders, including the
Commercial Operations Advisory Committee, in
developing uniform data submission
requirements, procedures, and schedules, for
the ITDS.
``(E) Coordination.--The Secretary shall be
responsible for coordinating the 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.
``(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, consistent with laws
applicable to the collection and protection of
import and export information. 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 WorldTrade
Organization (WTO) for the entry and movement of cargo.
``(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 President 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.
``(5) Sense of congress.--It is the sense of
Congress that agency participation in the ITDS is an
important priority of the Federal Government and that
the Secretary shall coordinate the operation of the
ITDS closely among the participating agencies and the
office within the United States Customs and Border
Protection that is responsible for maintaining the
ITDS.
``(6) Construction.--Nothing in this section shall
be construed as amending or modifying subsection (g) of
section 301 of title 13, United States Code.
``(7) Definition.--The term `Commercial Operations
Advisory Committee' means the Advisory Committee
established pursuant to section 9503(c) of the Omnibus
Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note)
or any successor committee.''.
SEC. 406. 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 Committee on
Commerce, Science, and Transportation of the Senate, the
Committee on Finance of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, the
Committee on Transportation and Infrastructure of the House of
Representatives, and the Committee on 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.--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. 407. SENSE OF THE SENATE.
It is the sense of the Senate that nothing in sections 111
through 114, 121, and 201 through 236, or the amendments made
by such sections, shall be construed to affect the jurisdiction
of any Standing Committee of the Senate.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
SEC. 501. 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 a Domestic Nuclear Detection Office (referred to in
this title as the `Office'). The Secretary may request that the
Secretary of Defense, the Secretary of Energy, the Secretary of
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 of 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
and in coordination with the Attorney General, the
Secretary of Defense, and the Secretary of 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 Secretary, the Secretary
of Defense, the Secretary of 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
and in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, and the
Secretary of Energy, an enhanced global nuclear
detection architecture with implementation under
which--
``(A) the 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 Secretary of State, the Secretary
of Defense, and the Secretary of 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) ensure that the expertise necessary to
accurately interpret detection data is made available
in a timely manner for all technology deployed by the
Office to implement the global nuclear detection
architecture;
``(6) conduct, support, coordinate, and encourage
an aggressive, expedited, evolutionary, and
transformational program of research and development to
generate and improve technologies to detect and prevent
the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive
device or fissile or radiological material, and
coordinate with the Under Secretary for Science and
Technology on basic and advanced or transformational
research and development efforts relevant to the
mission of both organizations;
``(7) carry out a program to test and evaluate
technology for detecting a nuclear explosive device and
fissile or radiological material, in coordination with
the Secretary of Defense and the Secretary of Energy,
as appropriate, and establish performance metrics for
evaluating the effectiveness of individual detectors
and detection systems in detecting such devices or
material--
``(A) under realistic operational and
environmental conditions; and
``(B) against realistic adversary tactics
and countermeasures;
``(8) 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;
``(9) further enhance and maintain continuous
awareness by analyzing information from all Office
mission-related detection systems; and
``(10) perform other duties as assigned by the
Secretary.
``SEC. 1803. HIRING AUTHORITY.
``In hiring personnel for the Office, the Secretary 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). The term of
appointments for employees under subsection (c)(1) of such
section may not exceed 5 years before granting any extension
under subsection (c)(2) of such 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 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 or
any Federal department or agency.
``SEC. 1806. CONTRACTING AND GRANT MAKING AUTHORITIES.
``The Secretary, acting through the Director for Domestic
Nuclear Detection, in carrying out the responsibilities under
paragraphs (6) and (7) of section 1802(a), shall--
``(1) operate extramural and intramural programs
and distribute funds through grants, cooperative
agreements, and other transactions and contracts;
``(2) ensure that activities under paragraphs (6)
and (7) of section 1802(a) include investigations of
radiation detection equipment in configurations
suitable for deployment at seaports, which may include
underwater or water surface detection equipment and
detection equipment that can be mounted on cranes and
straddle cars used to move shipping containers; and
``(3) have the authority to establish or contract
with 1 or more federally funded research and
development centers to provide independent analysis of
homeland security issues and carry out other
responsibilities under this title.''.
(b) Technical and Conforming Amendments.--The Homeland
Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 103(d) (6 U.S.C. 113(d)), by adding
at the end the following:
``(5) A Director for Domestic Nuclear Detection.'';
(2) in section 302 (6 U.S.C. 182)--
(A) in paragraph (2), by striking
``radiological, nuclear''; and
(B) in paragraph (5)(A), by striking
``radiological, nuclear''; and
(3) in the table of contents, 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. 1806. Contracting and grant making authorities.''.
SEC. 502. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT STRATEGY FOR
NUCLEAR AND RADIOLOGICAL DETECTION.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary, the Secretary 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 Department, the Department of Energy, the
Department of Defense, and the Office of the Director
of National Intelligence;
(2) budget requirements necessary to meet the
roadmap; and
(3) documentation of how the Department, the
Department of Energy, the Department of Defense, and
the Office of the Director of National Intelligence
will execute this strategy.
(c) Initial Report.--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 on--
(1) the impact of this title, and the amendments
made by this title, on the responsibilities under
section 302 of the Homeland Security Act of 2002 (6
U.S.C. 182); and
(2) the efforts of the Department to coordinate,
integrate, and establish priorities for conducting all
basic and applied research, development, testing, and
evaluation of technology and systems to detect,
prevent, protect, and respond to chemical, biological,
radiological, and nuclear terrorist attacks.
(d) Annual Report.--The Director for Domestic Nuclear
Detection and the Under Secretary for Science and Technology
shall jointly and annually notify Congress that the strategy
and technology roadmap for nuclear and radiological detection
developed under subsections (a) and (b) is consistent with the
national policy and strategic plan for identifying priorities,
goals, objectives, and policies for coordinating the Federal
Government's civilian efforts to identify and develop
countermeasures to terrorist threats from weapons of mass
destruction that are required under section 302(2) of the
Homeland Security Act of 2002 (6 U.S.C. 182(2)).
TITLE VI--COMMERCIAL MOBILE SERVICE ALERTS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Warning, Alert, and
Response Network Act''.
SEC. 602. FEDERAL COMMUNICATIONS COMMISSION DUTIES.
(a) Commercial Mobile Service Alert Regulations.--Within
180 days after the date on which the Commercial Mobile Service
Alert Advisory Committee, established pursuant to section
603(a), transmits recommendations to the Federal Communications
Commission, the Commission shall complete a proceeding to adopt
relevant technical standards, protocols, procedures, and other
technical requirements based on the recommendations of such
Advisory Committee necessary to enable commercial mobile
service alerting capability for commercial mobile service
providers that voluntarily elect to transmit emergency alerts.
The Commission shall consult with the National Institute of
Standards and Technology regarding the adoption of technical
standards under this subsection.
(b) Commercial Mobile Service Election.--
(1) Amendment of commercial mobile service
license.--Within 120 days after the date on which the
Federal Communications Commission adopts relevant
technical standards and other technical requirements
pursuant to subsection (a), the Commission shall
complete a proceeding--
(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
emergency alerts to subscribers to, or users
of, the commercial mobile service provided by
such licensee;
(B) to require any licensee providing
commercial mobile service that elects, in whole
or in part, under paragraph (2) not to transmit
emergency alerts to provide clear and
conspicuous notice at the point of sale of any
devices with which its commercial mobile
service is included, that it will not transmit
such alerts via the service it provides for the
device; and
(C) to require any licensee providing
commercial mobile service that elects under
paragraph (2) not to transmit emergency alerts
to notify its existing subscribers of its
election.
(2) Election.--
(A) In general.--Within 30 days after the
Commission issues its order under paragraph
(1), each licensee providing commercial mobile
service shall file an election with the
Commission with respect to whether or not it
intends to transmit emergency alerts.
(B) Transmission standards; notification.--
If a licensee providing commercial mobile
service elects to transmit emergency alerts via
its commercial mobile service, the licensee
shall--
(i) notify the Commission of its
election; and
(ii) agree to transmit such alerts
in a manner consistent with the
technical standards, protocols,
procedures, and other technical
requirements implemented by the
Commission.
(C) No fee for service.--A commercial
mobile service licensee that elects to transmit
emergency alerts may not impose a separate or
additional charge for such transmission or
capability.
(D) Withdrawal; late election.--The
Commission shall establish a procedure--
(i) for a commercial mobile service
licensee that has elected to transmit
emergency alerts to withdraw its
election without regulatory penalty or
forfeiture upon advance written
notification of the withdrawal to its
affected subscribers;
(ii) for a commercial mobile
service licensee to elect to transmit
emergency alerts at a date later than
provided in subparagraph (A); and
(iii) under which a subscriber may
terminate a subscription to service
provided by a commercial mobile service
licensee that withdraws its election
without penalty or early termination
fee.
(E) Consumer choice technology.--Any
commercial mobile service licensee electing to
transmit emergency alerts may offer subscribers
the capability of preventing the subscriber's
device from receiving such alerts, or classes
of such alerts, other than an alert issued by
the President. Within 2 years after the
Commission completes the proceeding under
paragraph (1), the Commission shall examine the
issue of whether a commercial mobile service
provider should continue to be permitted to
offer its subscribers such capability. The
Commission shall submit a report with its
recommendations to the Committee on Commerce,
Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the
House of Representatives.
(c) Digital Television Transmission Towers Retransmission
Capability.--Within 90 days after the date on which the
Commission adopts relevant technical standards based on
recommendations of the Commercial Mobile Service Alert Advisory
Committee, established pursuant to section 603(a), the
Commission shall complete a proceeding to require licensees and
permittees of noncommercial educational broadcast stations or
public broadcast stations (as those terms are defined in
section 397(6) of the Communications Act of 1934 (47 U.S.C.
397(6))) to install necessary equipment and technologies on, or
as part of, any broadcast television digital signaltransmitter
to enable the distribution of geographically targeted alerts by
commercial mobile service providers that have elected to transmit
emergency alerts under this section.
(d) FCC Regulation of Compliance.--The Federal
Communications Commission may enforce compliance with this
title but shall have no rulemaking authority under this title,
except as provided in subsections (a), (b), (c), and (f).
(e) Limitation of Liability.--
(1) In general.--Any commercial mobile service
provider (including its officers, directors, employees,
vendors, and agents) that transmits emergency alerts
and meets its obligations under this title shall not be
liable to any subscriber to, or user of, such person's
service or equipment for--
(A) any act or omission related to or any
harm resulting from the transmission of, or
failure to transmit, an emergency alert; or
(B) the release to a government agency or
entity, public safety, fire service, law
enforcement official, emergency medical
service, or emergency facility of subscriber
information used in connection with delivering
such an alert.
(2) Election not to transmit alerts.--The election
by a commercial mobile service provider under
subsection (b)(2)(A) not to transmit emergency alerts,
or to withdraw its election to transmit such alerts
under subsection (b)(2)(D) shall not, by itself,
provide a basis for liability against the provider
(including its officers, directors, employees, vendors,
and agents).
(f) Testing.--The Commission shall require by regulation
technical testing for commercial mobile service providers that
elect to transmit emergency alerts and for the devices and
equipment used by such providers for transmitting such alerts.
SEC. 603. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COMMITTEE.
(a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the chairman of the Federal
Communications Commission shall establish an advisory
committee, to be known as the Commercial Mobile Service Alert
Advisory Committee (referred to in this section as the
``Advisory Committee'').
(b) Membership.--The chairman of the Federal Communications
Commission shall appoint the members of the Advisory Committee,
as soon as practicable after the date of enactment of this Act,
from the following groups:
(1) State and local government representatives.--
Representatives of State and local governments and
representatives of emergency response providers,
selected from among individuals nominated by national
organizations representing such governments and
personnel.
(2) Tribal governments.--Representatives from
Federally recognized Indian tribes and National Indian
organizations.
(3) Subject matter experts.--Individuals who have
the requisite technical knowledge and expertise to
serve on the Advisory Committee 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, including
individuals with disabilities and the elderly;
and
(G) other individuals with relevant
technical expertise.
(4) Qualified representatives of other stakeholders
and interested parties.--Qualified representatives of
such other stakeholders and interested and affected
parties as the chairman deems appropriate.
(c) Development of System-Critical Recommendations.--Within
1 year after the date of enactment of this Act, the Advisory
Committee shall develop and submit to the Federal
Communications Commission recommendations--
(1) for protocols, technical capabilities, and
technical procedures through which electing commercial
mobile service providers receive, verify, and transmit
alerts to subscribers;
(2) for the establishment of technical standards
for priority transmission of alerts by electing
commercial mobile service providers to subscribers;
(3) for relevant technical standards for devices
and equipment and technologies used by electing
commercial mobile service providers to transmit
emergency alerts to subscribers;
(4) for the technical capability to transmit
emergency alerts by electing commercial mobile
providers to subscribers in languages in addition to
English, to the extent practicable and feasible;
(5) under which electing commercial mobile service
providers may offer subscribers the capability of
preventing the subscriber's device from receiving
emergency alerts, or classes of such alerts, (other
than an alert issued by the President), consistent with
section 602(b)(2)(E);
(6) for a process under which commercial mobile
service providers can elect to transmit emergency
alerts if--
(A) not all of the devices or equipment
used by such provider are capable of receiving
such alerts; or
(B) the provider cannot offer such alerts
throughout the entirety of its service area;
and
(7) as otherwise necessary to enable electing
commercial mobile service providers to transmit
emergency alerts to subscribers.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the
Advisory Committee 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
Advisory Committee shall meet at the call of the chair.
(3) Notice; open meetings.--Any meetings held by
the Advisory Committee shall be duly noticed at least
14 days in advance and shall be open to the public.
(e) Rules.--
(1) Quorum.--One-third of the members of the
Advisory Committee shall constitute a quorum for
conducting business of the Advisory Committee.
(2) Subcommittees.--To assist the Advisory
Committee in carrying out its functions, the chair may
establish appropriate subcommittees composed of members
of the Advisory Committee and other subject matter
experts as deemed necessary.
(3) Additional rules.--The Advisory Committee may
adopt other rules as needed.
(f) 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
Advisory Committee.
(g) Consultation With NIST.--The Advisory Committee shall
consult with the National Institute of Standards and Technology
in its work on developing recommendations under paragraphs (2)
and (3) of subsection (c).
SEC. 604. RESEARCH AND DEVELOPMENT.
(a) In General.--The Under Secretary of Homeland Security
for Science and Technology, in consultation with the director
of the National Institute of Standards and Technology and the
chairman of the Federal Communications Commission, shall
establish a research, development, testing, and evaluation
program based on the recommendations of the Commercial Mobile
Service Alert Advisory Committee, established pursuant to
section 603(a), to support the development of technologies to
increase the number of commercial mobile service devices that
can receive emergency alerts.
(b) Functions.--The program established under subsection
(a) shall--
(1) fund research, development, testing, and
evaluation at academic institutions, private sector
entities, government laboratories, and other
appropriate entities; and
(2) ensure that the program addresses, at a
minimum--
(A) developing innovative technologies that
will transmit geographically targeted emergency
alerts to the public; and
(B) research on understanding and improving
public response to warnings.
SEC. 605. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.
(a) Grant Program.--The Under Secretary of Commerce for
Oceans and Atmosphere, in consultation with the Secretary of
Homeland Security, shall establish a program under which grants
may be made to provide for outdoor alerting technologies in
remote communities effectively unserved by commercial mobile
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 emergency alerts.
(b) Applications and Conditions.--In conducting the
program, the Under Secretary--
(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 Under Secretary may not make grants under
subsection (a) more than 5 years after the date of enactment of
this Act.
(d) Limitation.--The sum of the amounts awarded for all
fiscal years as grants under this section may not exceed
$10,000,000.
SEC. 606. FUNDING.
(a) In General.--In addition to any amounts provided by
appropriation Acts, 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).
(b) Compensation.--The Assistant Secretary of Commerce for
Communications and Information shall compensate any such
broadcast station licensee or permittee for reasonable costs
incurred in complying with the requirements imposed pursuant to
section 602(c) from funds made available under this section.
The Assistant Secretary shall ensure that sufficient funds are
made available to effectuate geographically targeted alerts.
(c) Credit.--The Assistant Secretary of Commerce for
Communications and Information, in consultation with the Under
Secretary of Homeland Security for Science and Technology and
the Under Secretary of Commerce for Oceans and Atmosphere, may
borrow from the Treasury beginning on October 1, 2006, such
sums as may be necessary, but not to exceed $106,000,000, to
implement this title. The Assistant Secretary of Commerce for
Communications and Information shall ensure that the Under
Secretary of Homeland Security for Science and Technology and
the Under Secretary of Commerce for Oceans and Atmosphere are
provided adequate funds to carry out their responsibilities
under sections 604 and 605 of this title. The Treasury shall be
reimbursed, without interest, from amounts in the Digital
Television Transition and Public Safety Fund as funds are
deposited into the Fund.
SEC. 607. 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 for Accessibility.--Unless exceptional
circumstances apply, in an emergency or major disaster, the
head of a Federal agency, to the greatest extent practicable,
shall not--
``(1) deny or impede access to the disaster site to
an essential service provider whose access is necessary
to restore and repair an essential service; or
``(2) impede the restoration or repair of the
services described in subsection (a)(1).
``(c) Implementation.--In implementing this section, the
head of a Federal agency shall follow all applicable Federal
laws, regulations, and policies.''.
SEC. 608. COMMUNITY DISASTER LOANS.
Section 417(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5184(b)) is amended--
(1) by striking ``exceed 25 per centum'' and
inserting the following: ``exceed--
``(1) 25 percent''; and
(2) by striking the period at the end and inserting
the following: ``; or
``(2) if the loss of tax and other revenues of the
local government as a result of the major disaster is
at least 75 percent of the annual operating budget of
that local government for the fiscal year in which the
major disaster occurs, 50 percent of the annual
operating budget of that local government for the
fiscal year in which the major disaster occurs, and
shall not exceed $5,000,000.''.
SEC. 609. PUBLIC FACILITIES.
Section 406(c)(1) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5172(c)(1)) is
amended--
(1) in subparagraph (A), by striking ``75'' and
inserting ``90'';
(2) by striking subparagraph (B); and
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (B) and (C), respectively.
SEC. 610. EXPEDITED PAYMENTS.
Section 407 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5173) is amended by adding
at the end the following:
``(e) Expedited Payments.--
``(1) Grant assistance.--In making a grant under
subsection (a)(2), the President shall provide not less
than 50 percent of the President's initial estimate of
the Federal share of assistance as an initial payment
in accordance with paragraph (2).
``(2) Date of payment.--Not later than 60 days
after the date of the estimate described in paragraph
(1) and not later than 90 days after the date on which
the State or local government or owner or operator of a
private nonprofit facility applies for assistance under
this section, an initial payment described in paragraph
(1) shall be paid.''.
SEC. 611. USE OF LOCAL CONTRACTING.
Section 307(b) of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5150), as amended by
the Post-Katrina Emergency Management Reform Act of 2006, is
amended by adding at the end the following:
``(3) Formulation of requirements.--The head of a
Federal agency, as feasible and practicable, shall
formulate appropriate requirements to facilitate
compliance with this section.''.
SEC. 612. FEMA PROGRAMS.
Notwithstanding any other provision of Federal law, as of
April 1, 2007, the Director of the Federal Emergency Management
Agency shall be responsible for the radiological emergency
preparedness program and the chemical stockpile emergency
preparedness program.
SEC. 613. HOMELAND SECURITY DEFINITION.
Section 2(6) of the Homeland Security Act of 2002 (6 U.S.C.
101(6)) is amended by inserting ``governmental and
nongovernmental'' after ``local''.
TITLE VII--OTHER MATTERS
SEC. 701. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AND SMALL COMMUNITY
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--
(1) Essential Air Service airports in the United
States; and
(2) airports whose community or consortia of
communities receive assistance under the Small
Community Air Service Development Program authorized
under section 41743 of title 49, United States Code,
and maintain, resume, or obtain scheduled passenger air
carrier service with assistance from that program in
the United States.
(b) Elements of Plan.--The security plans required under
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. 702. 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 the 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, submit a report to the Secretary that contains a list
of all expenditures made by such State or local government
using funds from such grant.
SEC. 703. TRUCKING SECURITY.
(a) Legal Status Verification for Licensed United States
Commercial Drivers.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of Transportation, in
cooperation with the Secretary, 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 Antifraud Programs.--Not
later than 18 months after the date of the enactment of this
Act, the Secretary of Transportation, in cooperation with the
Secretary, 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 18 months after the
date of the enactment of this Act, the Secretary, in
consultation with the Secretary of Transportation,
shall draft guidelines for Federal, State, and local
law enforcement officials, including motor carrier
safety enforcement personnel, on how to identify
noncompliance with Federal laws uniquely applicable to
commercial motor vehicles and commercial motor vehicle
operators engaged in cross-border traffic and
communicate such noncompliance to the appropriate
Federal authorities. Such guidelines shall be
coordinated with the training and outreach activities
of the Federal Motor Carrier Safety Administration
under section 4139 of SAFETEA-LU (Public Law 109-59).
(2) Verification.--Not later than 18 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. 704. 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 for fiscal year 2008, there are
authorized to be appropriated such sums as may be necessary for
operation expenses and aviation assets, for primary and
secondary sites, of the Northern Border Air Wing Branch in
Great Falls, Montana.
SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOPMENT.
(a) In General.--Notwithstanding section 12105(c) of title
46, United States Code, a foreign-flag vessel may be chartered
by, or on behalf of, a lessee to be employed for the setting,
relocation, or recovery of anchors or other mooring equipment
of a mobile offshore drilling unit that is located over the
Outer Continental Shelf (as defined in section 2(a) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)) for
operations in support of exploration, or flow-testing and
stimulation of wells, for offshore mineral or energy resources
in the Beaufort Sea or the Chukchi Sea adjacent to Alaska--
(1) until December 31, 2009, if the Secretary of
Transportation determines after publishing notice in
the Federal Register, that insufficient vessels
documented under section 12105(c) of title 46, United
States Code, are reasonably available and suitable for
these support operations and all such reasonably
available and suitable vessels are employed in support
of such operations; and
(2) for an additional 2-year period beginning
January 1, 2010, if the Secretary of Transportation
determines --
(A) as of December 31, 2009, the lessee has
entered into a binding agreement to employ an
eligible vessel or vessels to be documented
under section 12105(c) of title 46, United
States Code, in sufficient numbers and with
sufficient suitability to replace any vessel or
vessels operating under this section; and
(B) after publishing notice in the Federal
Register, that insufficient vessels documented
under section 12105(c) of title 46, United
States Code, are reasonably available and
suitable for these support operations and all
such reasonably available and suitable vessels
are employed in support of such operations.
(b) Lessee Defined.--In this section, the term ``lessee''
means the holder of a lease (as defined in section 1331(c) of
title 43, United States Code).
(c) Savings Provision.--Nothing in subsection (a) may be
construed to authorize the employment in the coastwise trade of
a vessel that does not meet the requirements of section 12106
of title 46, United States Code.
SEC. 706. 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. 707. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR CHEMICALS.
(a) Compliance With Performance Plan Requirements.--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
international 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 Attorney General, 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 of the Senate, the Committee on
Foreign Relations of the Senate, the Committee on the
Judiciary of the Senate, the Committee on Ways and
Means of the House of Representatives, the Committee on
International Relations of the House of
Representatives, and the Committee on the Judiciary 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. 708. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING PROGRAM.
(a) Implementation Status.--Not later than 270 days after
the implementation of the Department's aircraft charter
customer and lessee prescreening process required under section
44903(j)(2) of title 49, United States Code, the Comptroller
General of the United States shall--
(1) assess the status and implementation of the
program and the use of the program by the general
aviation charter and rental community; and
(2) submit a report containing the findings,
conclusions, and recommendations, if any, of such
assessment to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security of
the House of Representatives; and
(C) the Committee on Transportation and
Infrastructure of the House of Representatives.
SEC. 709. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.
(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) Disaster area.--The term ``disaster area''
means an area in which the President has declared a
major disaster (as that term is defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)), during the period of
such declaration.
(3) 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, acting through the Secretary of Health and
Human Services, in accordance with human monitoring or
environmental or other appropriate indicators.
(4) 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,
acting through the Secretary of Health
and Human Services, 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,
acting through the Secretary of Health and
Human Services, determines to be appropriate.
(5) Participating responder.--The term
``participating responder'' means an individual
described in paragraph (4)(A).
(6) Program.--The term ``program'' means a program
described in subsection (b) that is carried out for a
disaster area.
(7) 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, acting through the
Secretary of Health and Human Services, and in
coordination with the Agency for Toxic Substances and
Disease Registry, the Environmental Protection Agency,
the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Emergency
Management Agency, the Occupational Health and Safety
Administration, and other agencies.
(b) Program.--
(1) In general.--If the President, acting through
the Secretary of Health and Human Services, determines
that 1 or more substances of concern are being, or have
been, released in an area declared to be a disaster
area and disrupts the transportation system of the
United States, the President, acting through the
Secretary of Health and Human Services, may carry out a
program for the coordination, 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 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,
acting through the Secretary of Health and
Human Services, 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, acting
through the Secretary of Health and
Human Services, 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, acting through the Secretary
of Health and Human Services, may
modify the priority of a registry or
study described in subparagraph (A), if
the President, acting through the
Secretary of Health and Human Services,
determines such modification to be
appropriate.
(5) Cooperative agreements.--
(A) In general.--The President, acting
through the Secretary of Health and Human
Services, 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, acting
through the Secretary of Health and Human
Services, 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, acting
through the Secretary of Health and Human
Services, 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, acting through the
Secretary of Health and Human Services, 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, acting through the
Secretary of Health and Human Services, 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, acting through the Secretary of
Health and Human Services, 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
Labor, the Administrator of the Environmental Protection
Agency, and appropriate committees of Congress describing the
programs and studies carried out under the program.
(d) National Academy of Sciences Report on Disaster Area
Health and Environmental Protection and Monitoring.--
(1) In general.--The Secretary of Health and Human
Services, the Secretary of Homeland Security, 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
of Health and Human Services, the Secretary of
Homeland Security, 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.
TITLE VIII--UNLAWFUL INTERNET GAMBLING ENFORCEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Unlawful Internet Gambling
Enforcement Act of 2006''.
SEC. 802. PROHIBITION ON ACCEPTANCE OF ANY PAYMENT INSTRUMENT FOR
UNLAWFUL INTERNET GAMBLING.
(a) In General.--Chapter 53 of title 31, United States
Code, is amended by adding at the end the following:
``SUBCHAPTER IV--PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING
``Sec. 5361. Congressional findings and purpose
``(a) Findings.--Congress finds the following:
``(1) Internet gambling is primarily funded through
personal use of payment system instruments, credit
cards, and wire transfers.
``(2) The National Gambling Impact Study Commission
in 1999 recommended the passage of legislation to
prohibit wire transfers to Internet gambling sites or
the banks which represent such sites.
``(3) Internet gambling is a growing cause of debt
collection problems for insured depository institutions
and the consumer credit industry.
``(4) New mechanisms for enforcing gambling laws on
the Internet are necessary because traditional law
enforcement mechanisms are often inadequate for
enforcing gambling prohibitions or regulations on the
Internet, especially where such gambling crosses State
or national borders.
``(b) Rule of Construction.--No provision of this
subchapter shall be construed as altering, limiting, or
extending any Federal or State law or Tribal-State compact
prohibiting, permitting, or regulating gambling within the
United States.
``Sec. 5362. Definitions
``In this subchapter:
``(1) Bet or wager.--The term `bet or wager'--
``(A) means the staking or risking by any
person of something of value upon the outcome
of a contest of others, a sporting event, or a
game subject to chance, upon an agreement or
understanding that the person or another person
will receive something of value in the event of
a certain outcome;
``(B) includes the purchase of a chance or
opportunity to win a lottery or other prize
(which opportunity to win is predominantly
subject to chance);
``(C) includes any scheme of a type
described in section 3702 of title 28;
``(D) includes any instructions or
information pertaining to the establishment or
movement of funds by the bettor or customer in,
to, or from an account with the business of
betting or wagering; and
``(E) does not include--
``(i) any activity governed by the
securities laws (as that term is
defined in section 3(a)(47) of the
Securities Exchange Act of 1934 for the
purchase or sale of securities (as that
term is defined in section 3(a)(10) of
that Act);
``(ii) any transaction conducted on
or subject to the rules of a registered
entity or exempt board of trade under
the Commodity Exchange Act;
``(iii) any over-the-counter
derivative instrument;
``(iv) any other transaction that--
``(I) is excluded or exempt
from regulation under the
Commodity Exchange Act; or
``(II) is exempt from State
gaming or bucket shop laws
under section 12(e) of the
Commodity Exchange Act or
section 28(a) of the Securities
Exchange Act of 1934;
``(v) any contract of indemnity or
guarantee;
``(vi) any contract for insurance;
``(vii) any deposit or other
transaction with an insured depository
institution;
``(viii) participation in any game
or contest in which participants do not
stake or risk anything of value other
than--
``(I) personal efforts of
the participants in playing the
game or contest or obtaining
access to the Internet; or
``(II) points or credits
that the sponsor of the game or
contest provides to
participants free of charge and
that can be used or redeemed
only for participation in games
or contests offered by the
sponsor; or
``(ix) participation in any fantasy
or simulation sports game or
educational game or contest in which
(if the game or contest involves a team
or teams) no fantasy or simulation
sports team is based on the current
membership of an actual team that is a
member of an amateur or professional
sports organization (as those terms are
defined in section 3701 of title 28)
and that meets the following
conditions:
``(I) All prizes and awards
offered to winning participants
are established and made known
to the participants in advance
of the game or contest and
their value is not determined
by the number of participants
or the amount of any fees paid
by those participants.
``(II) All winning outcomes
reflect the relative knowledge
and skill of the participants
and are determined
predominantly by accumulated
statistical results of the
performance of individuals
(athletes in the case of sports
events) in multiple real-world
sporting or other events.
``(III) No winning outcome
is based--
``(aa) on the
score, point-spread, or
any performance or
performances of any
single real-world team
or any combination of
such teams; or
``(bb) solely on
any single performance
of an individual
athlete in any single
real-world sporting or
other event.
``(2) Business of betting or wagering.--The term
`business of betting or wagering' does not include the
activities of a financial transaction provider, or any
interactive computer service or telecommunications
service.
``(3) Designated payment system.--The term
`designated payment system' means any system utilized
by a financial transaction provider that the Secretary
and the Board of Governors of the Federal Reserve
System, in consultation with the Attorney General,
jointly determine, by regulation or order, could be
utilized in connection with, or to facilitate, any
restricted transaction.
``(4) Financial transaction provider.--The term
`financial transaction provider' means a creditor,
credit card issuer, financial institution, operator of
a terminal at which an electronic fund transfer may be
initiated, money transmitting business, or
international, national, regional, or local payment
network utilized to effect a credit transaction,
electronic fund transfer, stored value product
transaction, or money transmitting service, or a
participant in such network, or other participant in a
designated payment system.
``(5) Internet.--The term `Internet' means the
international computer network of interoperable packet
switched data networks.
``(6) Interactive computer service.--The term
`interactive computer service' has the meaning given
the term in section 230(f) of the Communications Act of
1934 (47 U.S.C. 230(f)).
``(7) Restricted transaction.--The term `restricted
transaction' means any transaction or transmittal
involving any credit, funds, instrument, or proceeds
described in any paragraph of section 5363 which the
recipient is prohibited from accepting under section
5363.
``(8) Secretary.--The term `Secretary' means the
Secretary of the Treasury.
``(9) State.--The term `State' means any State of
the United States, the District of Columbia, or any
commonwealth, territory, or other possession of the
United States.
``(10) Unlawful internet gambling.--
``(A) In general.--The term `unlawful
Internet gambling' means to place, receive, or
otherwise knowingly transmit a bet or wager by
any means which involves the use, at least in
part, of the Internet where such bet or wager
is unlawful under any applicable Federal or
State law in the State or Tribal lands in
whichthe bet or wager is initiated, received, or otherwise made.
``(B) Intrastate transactions.--The term
`unlawful Internet gambling' does not include
placing, receiving, or otherwise transmitting a
bet or wager where--
``(i) the bet or wager is initiated
and received or otherwise made
exclusively within a single State;
``(ii) the bet or wager and the
method by which the bet or wager is
initiated and received or otherwise
made is expressly authorized by and
placed in accordance with the laws of
such State, and the State law or
regulations include--
``(I) age and location
verification requirements
reasonably designed to block
access to minors and persons
located out of such State; and
``(II) appropriate data
security standards to prevent
unauthorized access by any
person whose age and current
location has not been verified
in accordance with such State's
law or regulations; and
``(iii) the bet or wager does not
violate any provision of--
``(I) the Interstate
Horseracing Act of 1978 (15
U.S.C. 3001 et seq.);
``(II) chapter 178 of title
28 (commonly known as the
`Professional and Amateur
Sports Protection Act');
``(III) the Gambling
Devices Transportation Act (15
U.S.C. 1171 et seq.); or
``(IV) the Indian Gaming
Regulatory Act (25 U.S.C. 2701
et seq.).
``(C) Intratribal transactions.--The term
`unlawful Internet gambling' does not include
placing, receiving, or otherwise transmitting a
bet or wager where--
``(i) the bet or wager is initiated
and received or otherwise made
exclusively--
``(I) within the Indian
lands of a single Indian tribe
(as such terms are defined
under the Indian Gaming
Regulatory Act; or
``(II) between the Indian
lands of 2 or more Indian
tribes to the extent that
intertribal gaming is
authorized by the Indian Gaming
Regulatory Act;
``(ii) the bet or wager and the
method by which the bet or wager is
initiated and received or otherwise
made is expressly authorized by and
complies with the requirements of--
``(I) the applicable tribal
ordinance or resolution
approved by the Chairman of the
National Indian Gaming
Commission; and
``(II) with respect to
class III gaming, the
applicable Tribal-State
Compact;
``(iii) the applicable tribal
ordinance or resolution or Tribal-State
compact includes--
``(I) age and location
verification requirements
reasonably designed to block
access to minors and persons
located out of the applicable
Tribal lands; and
``(II) appropriate data
security standards to prevent
unauthorized access by any
person whose age and current
location has not been verified
in accordance with the
applicable tribal ordinance or
resolution or Tribal-State
Compact; and
``(iv) the bet or wager does not
violate any provision of--
``(I) the Interstate
Horseracing Act of 1978 (15
U.S.C. 3001 et seq.);
``(II) chapter 178 of title
28 (commonly known as the
`Professional and Amateur
Sports Protection Act');
``(III) the Gambling
Devices Transportation Act (15
U.S.C. 1171 et seq.); or
``(IV) the Indian Gaming
Regulatory Act (25 U.S.C. 2701
et seq.).
``(D) Interstate horseracing.--
``(i) In general.--The term
`unlawful Internet gambling' shall not
include any activity that is allowed
under the Interstate Horseracing Act of
1978 (15 U.S.C. 3001 et seq.).
``(ii) Rule of construction
regarding preemption.--Nothing in this
subchapter may be construed to preempt
any State law prohibiting gambling.
``(iii) Sense of congress.--It is
the sense of Congress that this
subchapter shall not change which
activities related to horse racing may
or may not be allowed under Federal
law. This subparagraph is intended to
address concerns that this subchapter
could have the effect of changing the
existing relationship between the
Interstate Horseracing Act and other
Federal statutes in effect on the date
of the enactment of this subchapter.
This subchapter is not intended to
change that relationship. This
subchapter is not intended to resolve
any existing disagreements over how to
interpret the relationship between the
Interstate Horseracing Act and other
Federal statutes.
``(E) Intermediate routing.--The
intermediate routing of electronic data shall
not determine the location or locations in
which a bet or wager is initiated, received, or
otherwise made.
``(11) Other terms.--
``(A) Credit; creditor; credit card; and
card issuer.--The terms `credit', `creditor',
`credit card', and `card issuer' have the
meanings given the terms in section 103 of the
Truth in Lending Act (15 U.S.C. 1602).
``(B) Electronic fund transfer.--The term
`electronic fund transfer'--
``(i) has the meaning given the
term in section 903 of the Electronic
Fund Transfer Act (15 U.S.C. 1693a),
except that the term includes transfers
that would otherwise be excluded under
section 903(6)(E) of that Act; and
``(ii) includes any fund transfer
covered by Article 4A of the Uniform
Commercial Code, as in effect in any
State.
``(C) Financial institution.--The term
`financial institution' has the meaning given
the term in section 903 of the Electronic Fund
Transfer Act, except that such term does not
include a casino, sports book, or other
business at or through which bets or wagers may
be placed or received.
``(D) Insured depository institution.--The
term `insured depository institution'--
``(i) has the meaning given the
term in section 3(c) of the Federal
Deposit Insurance Act (12 U.S.C.
1813(c)); and
``(ii) includes an insured credit
union (as defined in section 101 of the
Federal Credit Union Act).
``(E) Money transmitting business and money
transmitting service.--The terms `money
transmitting business' and `money transmitting
service' have the meanings given the terms in
section 5330(d) (determined without regard to
any regulations prescribed by the Secretary
thereunder).
``Sec. 5363. Prohibition on acceptance of any financial instrument for
unlawful Internet gambling
``No person engaged in the business of betting or wagering
may knowingly accept, in connection with the participation of
another person in unlawful Internet gambling--
``(1) credit, or the proceeds of credit, extended
to or on behalf of such other person (including credit
extended through the use of a credit card);
``(2) an electronic fund transfer, or funds
transmitted by or through a money transmitting
business, or the proceeds of an electronic fund
transfer or money transmitting service, from or on
behalf of such other person;
``(3) any check, draft, or similar instrument which
is drawn by or on behalf of such other person and is
drawn on or payable at or through any financial
institution; or
``(4) the proceeds of any other form of financial
transaction, as the Secretary and the Board of
Governors of the Federal Reserve System may jointly
prescribe by regulation, which involves a financial
institution as a payor or financial intermediary on
behalf of or for the benefit of such other person.
``Sec. 5364. Policies and procedures to identify and prevent restricted
transactions
``(a) Regulations.--Before the end of the 270-day period
beginning on the date of the enactment of this subchapter, the
Secretary and the Board of Governors of the Federal Reserve
System, in consultation with the Attorney General, shall
prescribe regulations (which the Secretary and the Board
jointly determine to be appropriate) requiring each designated
payment system, and all participants therein, to identify and
block or otherwise prevent or prohibit restricted transactions
through the establishment of policies and procedures reasonably
designed to identify and block or otherwise prevent or prohibit
the acceptance of restricted transactions in any of the
following ways:
``(1) The establishment of policies and procedures
that--
``(A) allow the payment system and any
person involved in the payment system to
identify restricted transactions by means of
codes in authorization messages or by other
means; and
``(B) block restricted transactions
identified as a result of the policies and
procedures developed pursuant to subparagraph
(A).
``(2) The establishment of policies and procedures
that prevent or prohibit the acceptance of the products
or services of the payment system in connection with a
restricted transaction.
``(b) Requirements for Policies and Procedures.--In
prescribing regulations under subsection (a), the Secretary and
the Board of Governors of the Federal Reserve System shall--
``(1) identify types of policies and procedures,
including nonexclusive examples, which would be deemed,
as applicable, to be reasonably designed to identify
and block or otherwise prevent or prohibit the
acceptance of the products or services with respect to
each type of restricted transaction;
``(2) to the extent practical, permit any
participant in a payment system to choose among
alternative means of identifying and blocking, or
otherwise preventing or prohibiting the acceptance of
the products or services of the payment system or
participant in connection with, restricted
transactions;
``(3) exempt certain restricted transactions or
designated payment systems from any requirement imposed
under such regulations, if the Secretary and the Board
jointly find that it is not reasonably practical to
identify and block, or otherwise prevent or prohibit
the acceptance of, such transactions; and
``(4) ensure that transactions in connection with
any activity excluded from the definition of unlawful
internet gambling in subparagraphs (B), (C), or (D)(i)
of section 5362(10) are not blocked or otherwise
prevented or prohibited by the prescribed regulations.
``(c) Compliance With Payment System Policies and
Procedures.--A financial transaction provider shall be
considered to be in compliance with the regulations prescribed
under subsection (a) if--
``(1) such person relies on and complies with the
policies and procedures of a designated payment system
of which it is a member or participant to--
``(A) identify and block restricted
transactions; or
``(B) otherwise prevent or prohibit the
acceptance of the products or services of the
payment system, member, or participant in
connection with restricted transactions; and
``(2) such policies and procedures of the
designated payment system comply with the requirements
of regulations prescribed under subsection (a).
``(d) No Liability for Blocking or Refusing to Honor
Restricted Transactions.--A person that identifies and blocks a
transaction, prevents or prohibits the acceptance of its
products or services in connection with a transaction, or
otherwise refuses to honor a transaction--
``(1) that is a restricted transaction;
``(2) that such person reasonably believes to be a
restricted transaction; or
``(3) as a designated payment system or a member of
a designated payment system in reliance on the policies
and procedures of the payment system, in an effort to
comply with regulations prescribed under subsection
(a),
shall not be liable to any party for such action.
``(e) Regulatory Enforcement.--The requirements under this
section shall be enforced exclusively by--
``(1) the Federal functional regulators, with
respect to the designated payment systems and financial
transaction providers subject to the respective
jurisdiction of such regulators under section 505(a) of
the Gramm-Leach-Bliley Act and section 5g of the
Commodities Exchange Act; and
``(2) the Federal Trade Commission, with respect to
designated payment systems and financial transaction
providers not otherwise subject to the jurisdiction of
any Federal functional regulators (including the
Commission) as described in paragraph (1).
``Sec. 5365. Civil remedies
``(a) Jurisdiction.--In addition to any other remedy under
current law, the district courts of the United States shall
have original and exclusive jurisdiction to prevent and
restrain restricted transactions by issuing appropriate orders
in accordance with this section, regardless of whether a
prosecution has been initiated under this subchapter.
``(b) Proceedings.--
``(1) Institution by federal government.--
``(A) In general.--The United States,
acting through the Attorney General, may
institute proceedings under this section to
prevent or restrain a restricted transaction.
``(B) Relief.--Upon application of the
United States under this paragraph, the
district court may enter a temporary
restraining order, a preliminary injunction, or
an injunctionagainst any person to prevent or
restrain a restricted transaction, in accordance with rule 65 of the
Federal Rules of Civil Procedure.
``(2) Institution by state attorney general.--
``(A) In general.--The attorney general (or
other appropriate State official) of a State in
which a restricted transaction allegedly has
been or will be initiated, received, or
otherwise made may institute proceedings under
this section to prevent or restrain the
violation or threatened violation.
``(B) Relief.--Upon application of the
attorney general (or other appropriate State
official) of an affected State under this
paragraph, the district court may enter a
temporary restraining order, a preliminary
injunction, or an injunction against any person
to prevent or restrain a restricted
transaction, in accordance with rule 65 of the
Federal Rules of Civil Procedure.
``(3) Indian lands.--
``(A) In general.--Notwithstanding
paragraphs (1) and (2), for a restricted
transaction that allegedly has been or will be
initiated, received, or otherwise made on
Indian lands (as that term is defined in
section 4 of the Indian Gaming Regulatory
Act)--
``(i) the United States shall have
the enforcement authority provided
under paragraph (1); and
``(ii) the enforcement authorities
specified in an applicable Tribal-State
compact negotiated under section 11 of
the Indian Gaming Regulatory Act (25
U.S.C. 2710) shall be carried out in
accordance with that compact.
``(B) Rule of construction.--No provision
of this section shall be construed as altering,
superseding, or otherwise affecting the
application of the Indian Gaming Regulatory
Act.
``(c) Limitation Relating to Interactive Computer
Services.--
``(1) In general.--Relief granted under this
section against an interactive computer service shall--
``(A) be limited to the removal of, or
disabling of access to, an online site
violating section 5363, or a hypertext link to
an online site violating such section, that
resides on a computer server that such service
controls or operates, except that the
limitation in this subparagraph shall not apply
if the service is subject to liability under
this section under section 5367;
``(B) be available only after notice to the
interactive computer service and an opportunity
for the service to appear are provided;
``(C) not impose any obligation on an
interactive computer service to monitor its
service or to affirmatively seek facts
indicating activity violating this subchapter;
``(D) specify the interactive computer
service to which it applies; and
``(E) specifically identify the location of
the online site or hypertext link to be removed
or access to which is to be disabled.
``(2) Coordination with other law.--An interactive
computer service that does not violate this subchapter
shall not be liable under section 1084(d) of title 18,
except that the limitation in this paragraph shall not
apply if an interactive computer service has actual
knowledge and control of bets and wagers and--
``(A) operates, manages, supervises, or
directs an Internet website at which unlawful
bets or wagers may be placed, received, or
otherwise made or at which unlawful bets or
wagers are offered to be placed, received, or
otherwise made; or
``(B) owns or controls, or is owned or
controlled by, any person who operates,
manages, supervises, or directs an Internet
website at which unlawful bets or wagers may be
placed, received, or otherwise made, or at
which unlawful bets or wagers are offered to be
placed, received, or otherwise made.
``(d) Limitation on Injunctions Against Regulated
Persons.--Notwithstanding any other provision of this section,
and subject to section 5367, no provision of this subchapter
shall be construed as authorizing the Attorney General of the
United States, or the attorney general (or other appropriate
State official) of any State to institute proceedings to
prevent or restrain a restricted transaction against any
financial transaction provider, to the extent that the person
is acting as a financial transaction provider.
``Sec. 5366. Criminal penalties
``(a) In General.--Any person who violates section 5363
shall be fined under title 18, imprisoned for not more than 5
years, or both.
``(b) Permanent Injunction.--Upon conviction of a person
under this section, the court may enter a permanent injunction
enjoining such person from placing, receiving, or otherwise
making bets or wagers or sending, receiving, or inviting
information assisting in the placing of bets or wagers.
``Sec. 5367. Circumventions prohibited
``Notwithstanding section 5362(2), a financial transaction
provider, or any interactive computer service or
telecommunications service, may be liable under this subchapter
if such person has actual knowledge and control of bets and
wagers, and--
``(1) operates, manages, supervises, or directs an
Internet website at which unlawful bets or wagers may
be placed, received, or otherwise made, or at which
unlawful bets or wagers are offered to be placed,
received, or otherwise made; or
``(2) owns or controls, or is owned or controlled
by, any person who operates, manages, supervises, or
directs an Internet website at which unlawful bets or
wagers may be placed, received, or otherwise made, or
at which unlawful bets or wagers are offered to be
placed, received, or otherwise made.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 53 of title 31, United States Code, is
amended by adding at the end the following:
``Subchapter IV--Prohibition on Funding of Unlawful Internet Gambling
``5361. Congressional findings and purpose
``5362. Definitions
``5363. Prohibition on acceptance of any financial instrument for
unlawful Internet gambling
``5364. Policies and procedures to identify and prevent restricted
transactions
``5365. Civil remedies
``5366. Criminal penalties
``5367. Circumventions prohibited''.
SEC. 803. INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDICTIONS.
(a) In General.--In deliberations between the United States
Government and any foreign country on money laundering,
corruption, and crime issues, the United States Government
should--
(1) encourage cooperation by foreign governments
and relevant international fora in identifying whether
Internet gambling operations are being used for money
laundering, corruption, or other crimes;
(2) advance policies that promote the cooperation
of foreign governments, through information sharing or
other measures, in the enforcement of this Act; and
(3) encourage the Financial Action Task Force on
Money Laundering, in its annual report on money
laundering typologies, to study the extent to which
Internet gambling operations are being used for money
laundering purposes.
(b) Report Required.--The Secretary of the Treasury shall
submit an annual report to the Congress on any deliberations
between the United States and other countries on issues
relating to Internet gambling.
And the Senate agree to the same.
From the Committee on Homeland Security:
Peter King,
Daniel E. Lungren,
John Linder,
Rob Simmons,
David Reichert,
Michael T. McCaul,
Don Young,
Bennie G. Thompson,
Loretta Sanchez,
Jane Harman,
Bill Pascrell, Jr.,
From the Committee on Energy and Commerce:
Joe Barton,
Fred Upton,
From the Committee on Transportation and
Infrastructure:
Bill Shuster,
From the Committee on Science:
Sherwood Boehlert,
Mike Sodrel,
Charlie Melancon,
From the Committee on Ways and Means:
Wm. Thomas,
E. Clay Shaw, Jr.,
Managers on the Part of the House.
From the Committee on Homeland Security and
Governmental Affairs:
Susan Collins,
Norm Coleman,
R.F. Bennett,
From the Committee on Commerce, Science, and
Transportation:
Ted Stevens,
Trent Lott,
Kay Bailey Hutchison,
From the Committee on Finance:
Chuck Grassley,
Orrin Hatch,
Max Baucus,
From the Committee on Banking, Housing, and
Urban Affairs:
Richard Shelby,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the House and the Senate at
the Conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 4954), the
``Security and Accountability for Every Port Act'' or ``SAFE
Port Act,'' to improve maritime and cargo security through
enhanced layered defenses, and for other purposes, submit the
following joint statement to the House and the Senate in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying Conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment The differences between the
House bill, the Senate amendment, and the substitute agreed to
in Conference are noted below, except for clerical corrections,
conforming changes made necessary by agreements reached by the
Conferees, and minor drafting and clarifying changes.
Section 1. Short title
Section 1 of the House bill states that the Act may be
cited as the ``Security and Accountability for Every Port Act''
or ``SAFE Port Act.''
Section 1 of the Senate amendment states that the Act may
be cited as the ``Port Security Improvement Act of 2006.''
The Conference Report adopts the House provision so that
the Act may be referred to as the ``Security and Accountability
for Every Port Act'' or ``SAFE Port Act.''
Section 2. Definitions
House Section 3 defines several terms that are used in
this bill and are relevant to maritime and cargo security.
``Appropriate Congressional Committees,'' ``Department,''
``International Supply Chain,'' and ``Secretary'' are defined.
Senate Section 2 is used to define the following relevant
terms: ``Appropriate Congressional Committees,'' ``Commercial
Seaport Personnel,'' ``Commissioner,'' ``Container,''
``Container Security Device,'' ``Department,'' ``Examination,''
``Inspection,'' ``International Supply Chain,'' ``Radiation
Detection Equipment,'' ``Scan,'' ``Screening,'' ``Search,''
``Secretary,'' ``Transportation Disruption,'' and
``Transportation Security Incident.''
The Conference Report adopts the Senate provision with
modifications to the definition of commercial seaport
personnel.
TITLE I--SECURITY OF UNITED STATES SEAPORTS
Subtitle A--General Provisions
Section 101. Area maritime transportation security plan to include
salvage response plan
Senate Section 101 amends the Maritime Transportation
Security Act of 2002, (P.L. 107-295), to include a salvage
response plan to identify equipment capable of restoring
operational trade capacity and to ensure that waterways are
cleared after a maritime transportation security incident.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision.
Section 102. Requirements relating to maritime facility security plans
Section 103 of the House bill amends the Maritime
Transportation Security Act of 2002 (P.L. 107-295), by setting
requirements for Facility Security Officers, including the
requirement of citizenship for an individual having full
authority to implement security actions at United States
seaports. This section also authorizes the Secretary of the
department in which the Coast Guard is operating to waive the
citizenship requirement based on a complete background check of
the individual and a review of all terrorist watch lists.
Senate section 102 is a comparable provision.
The Conference Report adopts the Senate provision.
The Conferees agreed to clarify that facility security
plans required under the Maritime Transportation Security Act
of 2002 (P.L. 107-295) must include provisions establishing and
controlling access to secure areas of a vessel or facility by
``persons'' engaged in the surface transportation of intermodal
containers in or out of a port facility. The Conferees intend
for ``persons'' to include drayage companies.
Section 103. Unannounced inspections of maritime facilities
House Section 104 amends the Maritime Transportation
Security Act of 2002 (P.L. 107-295) to authorize the Secretary
of the department in which the Coast Guard is operating to
verify the effectiveness of Area Maritime Security Plans by
conducting at least two inspections of a facility per year, one
of which shall be conducted without prior notice to the
facility.
Senate Section 103 is a comparable provision.
The Conference Report adopts the Senate provision.
Section 104. Transportation security card
House Section 105 provides a timeline for implementation
of the Transportation Worker Identification Credential (TWIC)
Program and requires the interim name-based screening of
individuals.
Senate Section 104 is a comparable provision, which
requires the Secretary of the department in which the Coast
Guard is operating to ensure that individuals who have
undergone the Hazardous Materials Endorsement (HME) or Merchant
Mariner Document (MMD) background check are not required to pay
additional fees related to a similar background check for a
TWIC card. Additionally, the Senate provision provides for
concurrent processing of an applicant for TWIC and MMD, a pilot
program for vessel and facility card readers, and other
clarifying edits.
The Conference Report adopts the Senate provision, as
modified.
Section 105. Study to identify redundant background records checks
Section 105 is based upon Senate Section 1113, which
requires a study by the Comptroller General to identify
redundancies in connection with Federal background checks.
The House bill does not include a comparable provision.
The Conference Report adopts the Senate provision, as
modified to limit the scope of redundant background checks to
those conducted by the Department of Homeland Security.
Section 106. Prohibition of issuance of transportation security cards
to persons convicted of certain felonies
Section 105 of the Senate bill amends 46 U.S.C. 70105 to
insert a list of permanent and interim disqualifying crimes for
individuals applying for a Transportation Worker Identification
Credential.
The House bill does not include a comparable provision.
The Conference Report adopts the Senate provision, as
amended, which requires the Secretary of the department in
which the Coast Guard is operating to permanently disqualify an
individual applying for a transportation worker identification
credential thathave been found guilty, or not guilty by reason
of insanity, of treason, espionage, sedition, or a crime listed in 18
U.S.C. 1138, or conspiracy to commit one of those crimes.
Section 107. Long-Range vessel tracking
House Section 108 establishes a deadline of April 1,
2007, for the Secretary of the department in which the Coast
Guard is operating to develop and implement a long-range
automated vessel tracking system for all vessels in United
States territorial waters that are equipped with the Global
Maritime Distress and Safety System or equivalent satellite
technology. This section also authorizes the Secretary of
Homeland Security to issue regulations to establish a voluntary
long-range automated vessel tracking system for certain
vessels.
Senate Section 106 is a comparable provision.
The Conference Report adopts the Senate provision.
Section 108. Establishment of interagency operational centers for port
security
House Section 109, ``Maritime Command Centers,'' directs
the Secretary of the department in which the Coast Guard is
operating to consult with Federal, State, and local officials
to establish an integrated network of virtual and physical
maritime security command centers at appropriate United States
seaports and maritime regions. These centers serve to enhance
information sharing, facilitate operational coordination, and
facilitate incident management and response. The provision
further designates the Coast Guard Captain of the Port as the
initial incident commander in the event of a transportation
disruption.
Senate Section 107, ``Establishment of Interagency
Operational Centers for Port Security,'' is similar to House
Section 109 and directs the Secretary of the Department in
which the Coast Guard is operating to establish additional
Interagency Operational Centers at all high priority ports
within three years. These centers would serve to enhance
information sharing, facilitate operational coordination, and
facilitate incident management and response.
The Conference Report adopts the Senate provision, as
modified to include the House language, which designates the
Coast Guard Captain of the Port as the initial incident
commander in the event of a transportation security incident in
the maritime domain.
The Conferees would like to clarify that in determining
what constitutes a ``high-priority'' port, the Secretary shall
consider the following: the quantity of cargo that passes
through the port annually, the port's proximity to military or
other national security assets, and the economic impact to the
United States resulting from a catastrophic loss of that port.
Section 109. Notice of arrival for foreign vessels on the outer
continental shelf
Section 108 of the Senate bill directs the Secretary of
the department in which the Coast Guard is operating to update
and finalize its rulemaking on Notice of Arrival for foreign
vessels on the Outer Continental Shelf not later than 180 days
after the date of the enactment of this Act.
The House bill does not include a comparable provision.
The Conference Report adopts the Senate provision.
Section 110. Enhanced crewmember identification
Section 107 of the House bill sets a deadline of May 15,
2007 for the Secretary of the department in which the Coast
Guard is operating, in consultation with the Attorney General
of the United States and the Secretary of State, to require
crewmembers on vessels calling at United States ports to carry
and present on demand any identification that the Secretary
deems necessary. This section also sets a deadline of May 15,
2007 for the Secretary of Homeland Security, in consultation
with the Attorney General and the Secretary of State, to
establish the proper forms and process to be used for
identification and verification of crewmembers.
The Senate bill contains no comparable provision.
The Conference Report adopts the House provision, with a
compromise to strike May 15, 2007, and extend the deadline to
one year after the date of enactment.
Subtitle B--Port Security Grants; Training and Exercise Programs
Section 111. Risk assessment tool
Section 111 was developed out of the Senate passed
Section 111, ``Port Security Grants,'' to require each Area
Maritime Security Committee, under the direction of the
Commandant of the Coast Guard, to develop a Port Wide Risk
Management Plan that includes security goals and objectives, a
management selection process, and active monitoring to measure
effectiveness. This section also requires the Secretary to make
available 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.
The House bill contains no comparable section.
The Conference substitute adopts the Senate provision.
Section 111 of the Conference agreement is based on
Senate Section 111(b), and requires the Coast Guard to make
available a risk assessment tool that uses standardized risk
criteria, such as the Maritime Security Risk Assessment Tool
used by the Coast Guard, to Area Maritime Security Committees
for the purposes of updating Area Maritime Security Plans and
in applying for grants under the port security grant program
authorized pursuant to 46 U.S.C. 70107.
Section 112. Port security grants
Section 111 of the House bill amends the Homeland
Security Act of 2002 (P.L. 107-296) to authorize the Secretary
to establish a port security grant program to allocate Federal
financial assistance to United States seaports on the basis of
risk and need. Grant funds under this section may be used for
activities to implement Area Maritime Security Plans, remedy
port security vulnerabilities, conduct exercises or training
for the prevention and detection of, preparedness for, response
to, or recovery from terrorist attacks, protect critical
infrastructure against potential attack, and establish or
enhance mechanisms for sharing terrorism threat information.
Section 111 also authorizes $400 million for each of the Fiscal
Years 2007 through 2012.
Senate Section 111 amends 46 U.S.C. 70107 to require the
Secretary of the Department in which the Coast Guard is
operating to allocate grants based on risk, allow for letters
of intent to be issued for multiple-year projects, and amends
the authorized level of funding to $400 million for each of
Fiscal Years 2007 through 2011. Further, the Senate bill
modifies 46 U.S.C. 701017(i) to specifically authorize the
research and development of container scanning technology on
straddle cars and cranes at $70 million for each of Fiscal
Years 2008 through 2009.
The Conference Report adopts the Senate provision, as
modified to strike the specific container scanning technology
authorization, allow for the additional eligible costs of
conducting training and exercises, and the cost of establishing
mechanisms for sharing terrorism threat information. The
Conference Report requires grants under this section to be
awarded on the basis of risk.
The Conferees note that ``energy'' was specifically
included in language to take into consideration current and
future ports with critical energy infrastructure, such as Port
Fourchon and the Louisiana Offshore Oil Platform (LOOP).
Section 113. Port security training program
House Section 112 amends the Homeland Security Act of
2002 (P.L. 107-296) to allow for the establishment of a
training program to enhance the capabilities of United States
commercial seaports to prevent, prepare for, respond to,
mitigate against, and recover from threatened or actual acts of
terrorism, natural disasters, and other emergencies. The
section also addresses requirements for the Program and the
Secretary's role in supporting the development, promulgation,
and regular updating of national voluntary consensus standards
for port security training.
Senate Section 112 is a comparable provision.
The Conference Report adopts the Senate provision.
Section 114. Port security exercise program
House Section 113 authorizes the Secretary, acting
through the Under Secretary for Preparedness, and in
coordination with the Commandant of the Coast Guard, to
establish an exercise program to test and evaluate the
capabilities of Federal, State, local and other relevant
stakeholders to coordinate appropriate response and recovery
from threats at commercial seaports.
Senate Section 113 is a comparable provision.
The Conference Report adopts the Senate provision.
Section 115. Facility exercise requirements
The Senate bill contains no comparable provision.
The House bill contains no comparable provision.
Section 115 of the Conference Report directs the
Secretary of the department in which the Coast Guard is
operating to require each high risk facility to conduct live or
full scale exercises not less than once every two years in
accordance with the facility security plan.
Subtitle C--Port Operations.
Section 121. Domestic radiation detection and imaging
House Section 402 requires the Secretary to deploy
nuclear and radiological detection systems at the 22 busiest
United States seaports not later than September 30, 2007, and
to utilize advanced technology tested in a pilot program also
established in this section. Within 90 days, the Secretary must
submit a strategy on the deployment of nuclear and radiological
detection systems at all remaining maritime ports of entry
including a risk-based deployment schedule, description of
equipment to be used, standard operating procedures for
examining containers, and evaluation of the health effects of
using radiation equipment. Lastly, the provision requires the
Director of the Domestic Nuclear Detection Office (DNDO) to
coordinate with other appropriate Federal agencies to deploy
nuclear and radiological detection systems at foreign ports.
Senate Section 121 is comparable to House Section 402,
and requires the Secretary of Homeland Security to develop a
strategy for deployment of radiation detection capabilities and
ensures that by December 31, 2007, all containers entering the
United States, through the busiest 22 seaports, are scanned for
radiation. Section 121 also requires the Department of Homeland
Security to submit a separate report on the feasibility of, and
plan for, the development of equipment to detect other weapons
of mass destruction including chemical and biological threats
at all United States ports of entry. The section also requires
the Department of Homeland Security to establish an Intermodal
Rail Radiation Detection Test Center to identify and test
concepts specific to the challenges posed by on-dock intermodal
rail.
The Conference Report adopts House Section 402, with
modification. The Conferees agree that ``shielded nuclear and
radiological threat material'' be inserted into subsection (e)
as it relates to weapons of mass destruction threats.
The Conferees note the progress made by the Department of
Homeland Security in developing next general portal monitors
with spectroscopic capabilities and have removed the
requirement for a House pilot project, accordingly. Instead,
the appropriate use of such technology is encouraged. This does
not represent a requirement to scan all containers at the
seaports using such technology. In primary screening, such
technology can reduce nuisance alarms, which is of great
importance at very high volume ports. In secondary screening,
such technology can speed effective alarm resolution. It is the
targeted use of this technology that the House and Senate
support. The Conferees also note that nothing in this section
shall be interpreted to limit the Secretary's authority under
19 U.S.C. 1318 concerning the entry of containers into United
States ports under certain circumstances.
Section 122. Inspection of car ferries entering from abroad
Senate Section 123 requires the Department of Homeland
Security, in coordination with Department of State, to develop
a plan for the inspection of passengers and vehicles prior to
loading onto ferries bound for a United States port.
There is no comparable provision in the House bill.
The Conference Report adopts the Senate provision.
Section 123. Random searches of containers
Senate Section 124 requires the Department of Homeland
Security to develop and implement a plan, within one year after
enactment, for random physical inspection of shipping
containers. The random searches prescribed in this section do
not preclude additional container searches.
There is no comparable provision in the House bill.
The Conference Report adopts the Senate provision.
Section 124. Work stoppages and employee-employer disputes
House Section 101 amends the definition of a
transportation security incident, defined in 46 U.S.C.
70101(6), to clarify that a ``transportation security
incident'' does not include labor strikes or other related
events.
Senate Section 125 also amends the definition of a
transportation security incident to note that the term economic
disruption does not include a work stoppage or nonviolent
employee-related action, not related to terrorism, and
resulting from an employee-employer dispute.
The Conference Report adopts the Senate provision, with
an agreement to strike the word ``nonviolent'' from the
definition of the term.
Section 125. Threat assessment screening of port truck drivers
Senate Section 126 requires the Department of Homeland
Security to implement a threat assessment screening for all
truck drivers accessing ports that is the same screening
required for facility employees and longshoremen. The section
also requires, subject to the availability of appropriations,
this screening to begin within 90 days of enactment.
House Section 106 contains a similar requirement that all
individuals who have unescorted access to a secure area of a
seaport facility be checked against terrorist watch lists to
determine if the individual poses a threat.
The Conference Report adopts the Senate provision,
modified to strike the phrase ``subject to the availability of
appropriations.''
Section 126. Border patrol unit for United States Virgin Islands
House Section 123 requires the Secretary of Homeland
Security to establish a Border Patrol unit for the United
States Virgin Islands not later than 180 days after the date of
the enactment of this Act.
There is no comparable provision in the Senate bill.
The Conference Report adopts the House provision, but the
Conferees agree to change the word ``shall'' to ``may.'' Under
this agreement, the Secretary will not be required to establish
a Border Patrol unit for the United States Virgin Islands, but
he is authorized to do so if it is deemed necessary. The
Conference agreement also requires the Secretary of Homeland
Security to submit a report to the appropriate congressional
committees, within 180 days of enactment, that includes the
schedule, if any, for establishing a Border Patrol unit in the
United States Virgin Islands. The Conferees included this
provision out of recognition of the increasing border security
risks in the United States Virgin Islands, including human
smuggling and drug trafficking.
Section 127. Report on arrival and departure manifests for certain
commercial vessels in the United States Virgin Islands
House Section 126 requires the Secretary of Homeland
Security to submit, to the appropriate congressional
committees, a report on the impact of implementing the
requirements of the Immigration and Nationality Act (8 U.S.C.
1221) with respect to commercial vessels that are fewer than
300 gross tons and only operate between the territorial waters
of the United States Virgin Islands and the territorial waters
of the British Virgin Islands.
There is no comparable provision in the Senate bill.
The Conference Report adopts the House provision.
Section 128. Center of Excellence for Maritime Domain Awareness
House Section 127 requires the Secretary of Homeland
Security to establish a university-based Center of Excellence
for Maritime Domain Awareness following appropriate merit-
review processes and procedures that have been established by
the Secretary.
There is no comparable provision in the Senate bill.
The Conference Report adopts the House provision.
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Subtitle A--General Provisions.
Section 201. Strategic plan to enhance the security of the
international supply chain
House Section 201 amends the Homeland Security Act of
2002 (P.L. 107-296) to require the Secretary of Homeland
Security to create a strategy for improving security of
containers within the international supply chain. The strategy
must describe the roles and responsibilities of Federal, State,
and local governments, identify security goals and minimum
requirements, provide a process for enhanced intelligence
sharing with the private sector, streamline initiatives, and
recommend legislative and regulatory changes.
Senate Section 201 requires the Department of Homeland
Security to develop, implement and update a strategic plan to
improve the security of the international cargo supply chain.
This section requires the plan to identify and address gaps;
provide improvements and goals; establish protocols for the
resumptions of trade including identification of the initial
incident commander; consider international standards for
container security; and allow for communication with
stakeholders.
The Conference Report adopts the Senate provision, with
modifications. In Senate Section 201 subparagraph (6), the word
``determined'' is replaced by ``recommended,'' as it relates to
the Commissioner's role in providing incentives for additional
voluntary measures to enhance cargo security. The Conferees
agree to extend the deadline from 180 days to 270 days after
the date of the enactment for the Secretary to submit a report
to the appropriate congressional committees that contains the
strategic plan required under this section. The requirements
listed for protocols for the resumption of trade required in
subparagraph (10) are moved to Section 202. The Conferees note
that the consultation recommendations in Senate Sections 201(c)
and 201(e) are not mutually exclusive.
Section 202. Post-Incident resumption of trade
Senate Section 202 requires the initial incident
commander and lead department or agency carry out the protocols
of the international supply chain strategic plan following a
maritime transportation security incident. This section also
requires the United States Coast Guard to ensure the safe and
secure transit of vessels to United States ports, and
recommends preference be given to vessels and cargo involved in
the Container Security Initiative (CSI) or Customs-Trade
Partnership Against Terrorism (C-TPAT) for the resumption of
trade. Section 202 requires the Secretary to ensure that there
is appropriate coordination among Federal officials and
communication of revised procedures, not inconsistent with
security interests, to the private sector to provide for the
resumption of trade.
House Section 102 is a comparable provision.
The Conference Report adopts the Senate provision, as
modified to clarify that resumption of trade benefits may be
provided.
Section 203. Automated targeting system
House Section 201 amends the Homeland Security Act of
2002, and inserts a new Section 1802, ``Transmission of
Additional Data Elements for Improved High Risk Targeting,''
and Section 1803, ``Plan to Improve the Automated Targeting
System.'' House Sections 1802 requires the Secretary to issue
regulations within one year of enactment to collect additional
advanced data, including appropriate elements of entry data
prior to loading containers overseas. House Section 1803
requires the Secretary of Homeland Security, within 180 days of
enactment, to develop a plan to improve the Automated Targeting
System (ATS) in order to enhance capabilities to detect high-
risk containers. Section 1803 authorizes $5 million for each of
the fiscal years 2007 through 2012.
Senate Section 203 requires the Department of Homeland
Security to request and identify additional data (non-manifest
and entry data elements) of container cargo moving through the
international supply chain. Data would be analyzed to identify
high-risk cargo for inspection. This section includes an
authorization of appropriations to fund the Automated Targeting
System for Fiscal Years 2008 through 2010 ($33 million, $35
million, $37 million respectively).
The Conference Report adopts the House provision on the
Automated Targeting System, as modified, including the Senate's
provision generally authorizing the Automated Targeting System.
Section 204. Container security standards and procedures
House Section 201 amends the Homeland Security Act of
2002, and inserts a new Section 1804, ``Container Standards and
Verification Procedures.'' This section requires the Secretary
of Homeland Security to establish minimum standards and
verification procedures for securing containers in transit to
the United States. This section also requires all containers
bound for United States ports of entry meet these standards
within two years. In addition, Section 1804 requires the
Secretary to regularly review and enhance these security
standards.
Senate Section 204 requires the Secretary of Homeland
Security to promulgate a rule to establish minimum standards
and procedures for securing containers in transit to the United
States. If the rulemaking deadline is not met, the Secretary is
required to provide a letter to the Congress explaining the
reason for the Department's failure to meet the deadline. This
section also encourages the Department of Homeland Security and
other Federal agencies to promote international cargo security
standards.
The Conference Report adopts the Senate provision, as
modified. An agreement has been reached to extend the deadline
from 60 days to 90 days after the date of enactment of this Act
for the Secretary to initiate a rulemaking proceeding to
establish minimum standards and procedures for securing
containers in transit to the United States.
In developing standards for container security devices,
the Conferees direct the Secretary of Homeland Security to
ensure that the standards are consistent with standards
promulgated by international standards organizations, such as
the International Organization for Standardization, the
International Maritime Organization, and the World Customs
Organization.
Section 205. Container security initiative
House Section 201 amends the Homeland Security Act of
2002, and inserts a new Section 1805, ``Container Security
Initiative (CSI).'' This section authorizes the CSI Program and
requires the Secretary of Homeland Security is required to
conduct a thorough security assessment at each port prior to
designating them as CSI ports, including an assessment of the
level of risk for compromise by terrorists as well as a Coast
Guard foreign port assessment. The section also requires the
Secretary of Homeland Security to notify Congress prior to
announcing a CSI port. In addition, the section requires the
Secretary of Homeland Security to set standards for inspecting
containers abroad and using inspection technology. Section 1805
also requires the Secretary of Homeland Security to evaluate
options for providing foreign assistance to facilitate
implementation of cargo security measures at foreign ports and
may loan inspection technology for use at a CSI port. The
section also requires the Secretary of Homeland Security to
report annually on March 1 on the status of the CSI program and
an assessment of the necessary personnel deployed overseas
through the program. Finally, Section 1805 authorizes $196
million for each of the fiscal years 2007 through 2012.
Senate Section 205 authorizes the Container Security
Initiative (CSI) program to identify, examine, or search
maritime containers before cargo bound for the United States is
loaded in a foreign port. This section authorizes the Secretary
of Homeland Security to designate foreign ports as part of the
CSI program based upon criteria including risk, trade volume
and value of cargo, United States Coast Guard assessments, and
the commitment of the host nation to comply with data sharing
requirements. This section also requires the Secretary of
Homeland Security to establish standards for the use of
nonintrusive imaging and radiation detection equipment at CSI
ports. In addition, the Secretary of Homeland Security is
required to develop a plan to ensure adequate staffing at CSI
ports. Section 205 also requires the Secretary of Homeland
Security to submit a report to Congress on the effectiveness
of, and need for, improvements to CSI. This section authorizes
appropriations for fiscal years 2008 through 2010 ($144
million, $146 million, and $153 million, respectively).
The Conference Report adopts the Senate provision, with
several modifications. The Senate recedes to the House request
to strike ``an importer in'' in Senate Section 205 subsection
(1). The Senate also recedes to the striking of the words ``and
value'' in subsection (2) as it relates to cargo being imported
into the United States. In addition, the Senate recedes to the
House in requiring the Secretary of Homeland Security consult
with appropriate Federal departments and agencies and private
sector stakeholders to ensure that no international trade
obligations are violated under this section.
It is important to note that authorities granted to the
Secretary of Homeland Security in this section will not affect
the authorities or responsibilities of any other Federal agency
with respect to overseas deployment of radiation detection
equipment. The Conferees encourage the Secretary of Homeland
Security to coordinate the CSI program with the Department of
Energy's Megaports program.
Subtitle B--Customs-Trade Partnership Against Terrorism
Section 211. Establishment
House Section 201 amends the Homeland Security Act of
2002 and inserts a new Section 1811, which authorizes the
Secretary of Homeland Security to establish a voluntary program
(the Customs-Trade Partnership Against Terrorism) to strengthen
international supply chain and border security, facilitate the
movement of secure cargo, and provide benefits to eligible
participants.
Senate Section 211 is a comparable provision.
The Conference Report adopts the House provision, but
does not amend the Homeland Security Act of 2002.
Section 212. Eligible entities
House Section 201 amends the Homeland Security Act of
2002 and inserts a new Section 1812, which allows importers,
customs brokers, forwarders, air- sea- and landcarriers,
contract logistics providers, and other entities in the
international supply chain and intermodal transportation system
to apply for membership in this program.
Senate Section 212 is a comparable provision.
The Conference Report adopts the Senate provision.
Section 213. Minimum requirements
House Section 201 amends the Homeland Security Act of
2002 and inserts a new Section 1813, which establishes minimum
security and other requirements that applicants must meet to be
eligible to participate in the Customs-Trade Partnership
Against Terrorism (C-TPAT).
Senate Section 213 is a comparable provision.
The Conference Report adopts the Senate provision.
The Conferees note that the requirement in Section 213(1)
that a company demonstrate a history of moving cargo in the
international supply chain should not prevent start-up
companies or other newly created business entities from
participating in C-TPAT if they are able to demonstrate
adequate compliance with relevant security requirements.
Section 214. Tier 1 participants in C-TPAT
House Section 201 amends the Homeland Security Act of
2002 to insert a new Section 1814, that allows for limited
benefits for Customs-Trade Partnership Against Terrorism (C-
TPAT) participants.
Senate Section 214 allows for limited benefits for
Customs-Trade Partnership Against Terrorism (C-TPAT)
participants. These benefits may include a reduction of the
Automated Targeting System risk score for those C-TPAT
participants that meet the minimum guidelines established. This
section also requires, to the extent practicable, the Secretary
to complete the Tier 1 certification process within 90 days of
receipt of a candidate's application.
The Conference Report adopts the Senate provision.
Senate Section 214 included a provision, which the
Conferees accept, clarifying that the benefits to Tier 1 C-TPAT
benefits may include a reduction in scores assigned pursuant to
the Automated Targeting System (ATS) of not greater than 20
percent of the high risk threshold established by the
Secretary. This provision ensures that a C-TPAT participant's
container or cargo will not be classified as low-risk under the
ATS simply because the participant is certified for Tier 1 of
C-TPAT.
Section 215. Tier 2 participants in C-TPAT
Senate Section 215 allows for additional benefits in the
form of reduced cargo examinations and priority processing to
those participants who meet a higher level of Customs-Trade
Partnership Against Terrorism (C-TPAT) security requirements.
Section 215 also requires the Secretary of Homeland Security to
validate the security measures and supply chain practices of C-
TPAT participants, including on-site assessments, within one
year of certification.
House Section 1815 is a comparable provision.
The Conference Report adopts the Senate provision.
Section 216. Tier 3 participants in C-TPAT
House Section 201 amends the Homeland Security Act of
2002 to insert a new Section 1816, which establishes a third
tier of the Customs-Trade Partnership Against Terrorism (C-
TPAT) program, offering increased benefits to participants that
demonstrate a sustained commitment to security based on certain
criteria. Benefits may include, among others, expedited release
of cargo, further reduced examinations, and reduced bonding
requirements.
Senate Section 216 is similar to the House provision.
Section 216 authorizes the submission of additional
information, and notification of specific alerts.
The Conference Report adopts the Senate provision, as
modified to remove the notification of specific alerts and
post-incident procedures provisions.
Section 217. Consequences for lack of compliance
House Section 201 amends the Homeland Security Act of
2002 to insert a new Section 1817, which allows the Secretary
of Homeland Security to deny benefits, in whole or in part,
including suspension or elimination for at least five years, of
any participant that fails to meet Customs-Trade Partnership
Against Terrorism (C-TPAT) requirements, or knowingly provides
false or misleading information.
Senate Section 217 is similar to the House provision.
Section 217 establishes an appeals process for C-TPAT
participants suspended or eliminated for lack of compliance.
The Conference Report adopts the Senate provision, as
modified to require the Commissioner of United States Customs
and Border Protection to establish procedural protections to
safeguard against improper revocation of benefits. These
procedures shall not be interpreted to impede the Secretary of
Homeland Security's ability to take action to protect the
national security of the United States.
Section 218. Third-party validations
House Section 201 amends the Homeland Security Act of
2002 to insert a new Section 1818, which requires the Secretary
of Homeland Security to establish a pilot program to utilize
third-party entities to conduct validations of Customs-Trade
Partnership Against Terrorism (C-TPAT) participants. The pilot
program, and any extension of the use of third party
validators, shall apply for Safety Act certification under
Section 864 of the Homeland Security Act of 2002 (P.L. 107-
296), to enter into contractual agreements directly with the C-
TPAT members, and shall meet all standards for validating C-
TPAT participants. This section also requires the Secretary of
Homeland Security to report to Congress 30 days after the
conclusion of the year-long pilot program.
There is no comparable Senate provision in the bill.
Section 218 of the Conference agreement is similar to
House Section 1818 and requires the Secretary of Homeland
Security, acting through the Commissioner of United States
Customs and Border Protection of the Department of Homeland
Security, to establish a plan to implement a one-year voluntary
pilot program to test and assess the feasibility, costs, and
benefits of utilizing third-party entities to conduct
validations of C-TPAT participants. The Conference Report also
requires the Secretary of Homeland Security to provide a report
to the appropriate congressional committees regarding the plan
within 120 days of enactment. The agreement provides for the
certification of third-party entities and requires the
Secretary of Homeland Security to monitor and inspect the
operations of the entities conducting validations to ensure
that they are meeting the minimum procedures and requirements
for the validation of C-TPAT participants. If the Secretary of
Homeland Security determines that a validator is not meeting
the minimum procedures and requirements, the Secretary of
Homeland Security is required to revoke the validator's
certificate and review any validations conducted by the entity.
The agreement also requires the Secretary of Homeland Security
to submit a report to the appropriate congressional committees
detailing the results of the pilot program.
Section 219. Revalidation
House Section 201 amends the Homeland Security Act of
2002 to insert a new Section 1819. This section requires
revalidation of Customs-Trade Partnership Against Terrorism (C-
TPAT) participants not less frequently than once during a
three-year period.
Senate Section 218 establishes a process for revalidating
C-TPAT participants in tiers 2 and 3 and requires an annual
plan for revalidation, detailing performance measures and
necessary personnel requirements. The Senate language requires
revalidation of C-TPAT participants not less frequently than
once during a five-year period.
The Conference Report adopts the Senate provision, as
modified to require revalidation not less frequently than once
during a four-year period.
Section 220. Noncontainerized cargo
House Section 201 amends the Homeland Security Act of
2002 to insert a new Section 1820, which requires the Secretary
of Homeland Security to consider including importers of non-
containerized cargo as participants in the Customs-Trade
Partnership Against Terrorism (C-TPAT), provided program
requirements are met.
Senate Section 219 is a comparable provision.
The Conference Report adopts the Senate provision
Section 221. C-TPAT program management
Senate Section 220 requires the Secretary of Homeland
Security to establish sufficient internal quality controls and
record management of the Customs-Trade Partnership Against
Terrorism (C-TPAT) program including development of a strategic
plan to identify goals; annual plans to match resources with
workload; a standardized work program to monitor progress; a
record management system; and a data protection program.
There is no comparable language in the House bill.
The Conference Report adopts the Senate provision, with
an agreement to merge this section with Senate-passed 221,
``Resource Management Staffing,'' and Senate-passed Section
224, ``Report to Congress.''
The Conferees do not intend for section 221(c), which
deals with confidential information safeguards, to create a new
exemption to information otherwise required to be disclosed
under the Freedom of Information Act (5 U.S.C. 552).
Section 222. Additional personnel
Senate Section 222 requires the Secretary of Homeland
Security to increase, by at least 50 positions annually for
fiscal years 2007 through 2009, the number of personnel to
validate and revalidate Customs-Trade Partnership Against
Terrorism (C-TPAT) participants.
There is no comparable provision in the House bill.
The Conference Report adopts the Senate provision, as
modified to authorize the hiring of 50 validation personnel for
each of fiscal years 2008 and 2009.
Section 223. Authorization of appropriations
Senate Section 223 authorizes appropriations to United
States Customs and Border Protection in the Department of
Homeland Security to carry out the Customs-Trade Partnership
Against Terrorism (C-TPAT) provisions of Sections 211 through
221. The section authorizes $65 million for fiscal year 2008;
$72 million for fiscal year 2009; and $75.6 million for fiscal
year 2010. In addition to any monies appropriated to Customs
and Border Protection, this section authorizes funds to be
appropriated funds for the purpose of meeting the staffing
requirement provided in Section 222. This section authorizes
$8.5 million for fiscal year 2007; $17.6 million for fiscal
year 2008; $27.3 million for fiscal year 2009; $28.3 million
for fiscal year 2010; $29.2 million for fiscal year 2011.
House Section 1821 is a comparable provision. House
Section 1821 authorizes $75 million for each Fiscal Year 2007
through 2012 for this subtitle.
The Conference Report adopts the Senate provision, as
modified to reflect the changes in Conference Report Section
222. As a result, this section authorizes $8.5 million for
Fiscal Year 2008 and $17.6 million for Fiscal Year 2009 for the
staffing requirement in Section 222.
Subtitle C--Miscellaneous Provisions
Section 231. Pilot integrated scanning system
House Section 208, ``Integrated Container Inspection
System Pilot Project,'' is similar in content and purpose to
Senate Section 231, ``Pilot Integrated Scanning System.''
Senate Section 231 authorizes the development of a pilot
program in three foreign seaports, each with unique features
and varying levels of trade volume to test integrated scanning
systems using nonintrusive inspection and radiation detection
equipment. This section requires full-scale pilot program
implementation within one year of enactment. An evaluation
report is required to be submitted to Congress 90 days after
full implementation of the pilot as full implementation is
required as soon as practicable and possible.
The Conference Report adopts the Senate provision, with a
modification to subsection (b) ``Coordination'' to reflect
similar intent in the provision for the Container Security
Initiative (CSI). The Conference Report also modifies the
reporting requirement from 90 to 180 days. The Conference
Report also removes the implementation requirement in Senate
Section 231. The Conferees note that nothing in this Subtitle
should be read as to promote or support any particular
company's technology.
Section 232. Screening and scanning of cargo containers
House Section 202 requires an evaluation of detection
systems available to scan containers at foreign seaports. If
the Secretary determines the technology meets specific
performance criteria, including the ability to automatically
identify high-risk cargo such as a shielded nuclear device, the
Secretary must seek the cooperation of foreign governments to
scan all cargo possible. An annual report on the status of
implementation and foreign cooperation is required.
Senate Section 232 requires the Secretary of Homeland
Security to ensure that 100 percent of cargo containers
entering the United States through a seaport undergo screening
to identify high-risk containers. This section also requires
the Secretary of Homeland Security to ensure that 100 percent
of the aforementioned high-risk containers be scanned for
radiation before such containers arrive in the United States
seaport facility. In addition, this directs the Secretary of
Homeland Security to ensure all containers entering the United
States are scanned when effective screening equipment becomes
available and other criteria are met. The section requires the
equipment to include both nonintrusive imaging and radiation
detection features, as well as a means to positively identify
each container so that recorded data can be tagged
appropriately.
The Conference Report adopts the Senate provision, as
modified. This section describes the minimum performance
requirements that must be met by a scanning system before wide
scale deployment. Of particular significance is the requirement
for an automated alarm when dangerous material is found in a
container, including a shielded nuclear device. The Conference
Report also requires the Secretary of Homeland Security to
provide periodic reports to Congress on the status of full-
scale deployment. The Conferees note that full-scale
implementation should only occur after the successful
completion of the three port pilot projects.
Section 233. International cooperation and coordination
Senate Section 232 allows the Secretary of Homeland
Security to provide assistance, equipment, and training to
facilitate the implementation of supply chain security measures
at ports designated by the Container Security Initiative (CSI).
This section also requires the Secretary of Homeland Security
to identify assistance programs to encourage implementation of
port security antiterrorism measures in foreign nations and
United States territories, including the United States Virgin
Islands, with particular emphasis on ports in the Caribbean
Basin. In addition, this section requires Government
Accountability Office to submit a report on the security of
Caribbean ports within 180 days.
There is no comparable provision in the House bill.
The Conference Report adopts the Senate provision.
Section 234. Foreign port assessments
House Section 204 requires the Secretary of the
department in which the Coast Guard is operating, acting
through the Commandant of the Coast Guard, to reassess security
measures at foreign ports every three years.
Senate Section 234 requires the Commandant of the Coast
Guard to dedicate resources to complete inspections of foreign
ports through which trade moves destined for the United States
and to reinspect such ports every two years.
The Conference Report adopts the House provision.
Section 235. Pilot program to improve the security of empty containers
House Section 205 requires the Department of Homeland
Security to conduct a one-year pilot program to assess the risk
posed by, and improve the security of, empty containers at
United States seaports. This section requires the Secretary of
Homeland Security to prepare and submit a report to the
appropriate congressional committees, not later than 90 days
after the completion of the pilot program, the results of the
program and a determination of whether to expand this program.
The Senate bill does not contain a comparable provision.
The Conference Report adopts the House provision, with an
agreement to replace the word ``evaluate'' in subsection (a)
with the words ``assess the risk posed by.''
Section 236. Information sharing relating to supply chain security
cooperation
House Section 201 amends the Homeland Security Act of
2002 to insert a new Section 1806, which establishes continuing
liaison and provides for supply chain security cooperation
between the Department of Homeland Security and the private
sector. The section also provides for information sharing
between the private sector and the Department of Homeland
Security as it relates to developments and security risks in
the supply chain environment.
The Senate does not contain a comparable provision.
The Conference adopts the House provision.
The Conferees do not intend this section to be
interpreted to impede or supersede existing programs such as
the International Trade Data System (ITDS) or the Automated
Commercial Environment (ACE).
TITLE III--ADMINISTRATION
Section 301. Office of Cargo Security Policy
House Section 603 establishes a Director of Cargo
Security Policy within the Directorate for Policy, Planning,
and International Affairs of the Department of Homeland
Security (established in House Section 601). The section
requires the Director of the Office of Cargo Security Policy to
advise the Assistant Secretary for Policy regarding all aspects
of Department programs related to cargo security, coordinate
Department-wide policies regarding cargo security, and
coordinate the cargo security policies of the Department with
other Federal departments and agencies.
Senate Section 301 establishes the Office of Cargo
Security Policy in the Department of Homeland Security, headed
by a Director, to coordinate all Department of Homeland
Security policies relating to cargo security and consult with
other Federal agencies in the establishment of standards and
regulations and to promote best practices. This section also
requires the Secretary of State to designate a liaison office
with the Department of State to assist, as appropriate, in
negotiating cargo security-related international agreements.
The Conference Report adopts the Senate provision.
The Conferees note that the creation of this new office
does not affect the Coast Guard's direct control over its
missions, assets, and personnel and the Coast Guard is not
required to seek the approval, permission, or clearance of this
office in performing any Coast Guard mission.
Section 302. Reauthorization of Homeland Security Science and
Technology Advisory Committee
Senate Section 302 reauthorizes the Homeland Security
Science and Technology Advisory Committee and requires the
Assistant Secretary for Science and Technology of the
Department of Homeland Security to utilize the Committee to
provide outside expertise in advancing cargo security
technology.
There is no comparable section in the House bill.
The Conference Report adopts the Senate provision.
Section 303. Research, development, test, and evaluation efforts in
furtherance of maritime and cargo security
Senate Section 303 assures coordination within the
Department of Homeland Security and with other public and
private sector entities for research and development of
maritime and cargo security innovations.
House Section 201 amends the Homeland Security Act of
2002 to insert a new Section 1831, which is comparable to
Senate Section 303.
The Conference Report adopts the Senate provision.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
Section 401. Trade and Customs Revenue Functions of the Department.
House Sections 301 and 302, among other things, establish
the Director of Trade policy in the Department of Homeland
Security.
The Senate bill contains no comparable provision.
The Conference Report adopts the House provision, as
modified to require the Secretary of Homeland Security to
designate a senior official in the Office of the Secretary to
ensure that the trade and customs revenue functions of the
Department of Homeland Security are coordinated within the
Department of Homeland Security and other Federal departments
and agencies and to monitor and report to the Congress on the
Department's mandate ensuring that trade and customs revenue
functions are not diminished. This section also establishes a
Director of Trade Policy to advise on all aspects of Department
of Homeland Security policies relating to the trade and customs
revenue functions. Section 401 requires the Comptroller General
of the United States to conduct a study evaluating the
Department of Homeland Security's compliance with section
412(b) of the Homeland Security Act of 2002 (P.L. 107-296) and
report the findings to the Congress. In addition, this section
requires the Secretary to ensure that the requirements of
section 412(b) of the Homeland Security Act of 2002 (P.L. 107-
296) are fully satisfied and submit a report to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate by September 30, 2007.
Section 401 further requires the Secretary of Homeland Security
to consult with representatives of the business community on
Department of Homeland Security policies that have a
significant impact on trade. Finally, section 401 requires the
Secretary of Homeland Security to notify the appropriate
congressional committees not later than 30 days prior to the
finalization of any Department of Homeland Security policies,
initiatives, or actions that will have a major impact on trade
and customs revenue functions, with certain exceptions if the
Secretary of Homeland Security determines that it is important
to the national security of the United States. The notification
must include a description of the proposed policy initiatives
or actions and any comments or recommendations provided by the
Commercial Operations Advisory Committee (COAC) and other
relevant groups.
The Conferees intend the senior official in section
401(a)(1) to be the current Assistant Secretary for Policy
under the Department of Homeland Security's current
organizational structure, or the Under Secretary for Policy if
one is created. The Conferees oppose the designation of the
Commissioner of United States Customs and Border Protection, or
another officer outside of the Office of the Secretary of
Homeland Security, who does not have authority for Department-
wide functions or oversight. It is the intent of Conference
that the business community consultations and relevant groups
referred to in Section 401(c) shall include a wide cross
section of the interested parties including representatives of
domestic industry sectors, particularly those affected by
enforcement actions; customs brokers and other trade
facilitators; and small businesses. In addition, the COAC
should strive to represent the wide range of commercial
interests impacted by the operations of the Department of
Homeland Security.
Section 402. Office of International Trade; Oversight
Senate Section 401 establishes an International Trade
Policy Committee and an International Trade Finance Committee.
This section requires both the International Trade Policy
Committee and the International Trade Finance Committee to
submit a report to the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives
within 30 days of the end of each fiscal year detailing their
activities and identifying their future priorities.
The House bill does not include a comparable provision.
The Conference Report adopts the Senate provision as
modified. It establishes the Office of International Trade,
headed by an Assistant Commissioner of United States Customs
and Border Protection of the Department of Homeland Security.
This section requires the transfer of the assets, functions,
and personnel of the Office of Strategic Trade and the Office
of Regulations and Rulings to the Office of International Trade
within 90 days of the date of enactment. In addition, this
section authorizes the Commissioner of United States Customs
and Border Protection to transfer any other assets, functions,
or personnel to the Office of International Trade, provided
that the Commissioner notifies the Congress of a planned
transfer 45 days prior to such transfer. However, certain
exceptions apply with respect to resources from United States
ports of entry associated with the enforcement of textile and
apparel laws. This section also requires the Commissioner of
United States Customs and Border Protection to establish an
International Trade Policy Committee to advise the Commissioner
with respect to the commercial customs and trade facilitation
functions of United States Customs and Border Protection.
Section 403. Resources
Senate Section 402 requires United States Customs and
Border Protection to complete a resource allocation model by
June 30, 2007, and every two years thereafter, to determine
optimal staffing for commercial and revenue functions. The
section requires submission of these models to the Congress.
Section 402 authorizes appropriations to increase the number of
United States Customs and Border Protection personnel to
perform commercial operations and customs revenue functions,
based on the resource allocation models required by this
section. The section also authorizes the hiring of an
additional 1000 Customs and Border Protection Officers (CBPOs).
The House bill does not contain a comparable provision,
although House Section 121 provides for 200 additional CBPOs
for each of the Fiscal Years 2007 through 2012.
The Conference Report adopts Senate Section 402, as
modified. The Conferees agree to include language requiring the
initial resource allocation model to provide for the hiring of
a minimum of 200 CBPOs for each of the Fiscal Years 2008
through 2012. The Conference agreement requires the
Commissioner of United States Customs and Border Protection, in
assigning the additional personnel, to consider the volume of
trade, the incidence of non-voluntarily disclosed customs and
trade law violations, and security priorities at the United
States ports of entry. The Commissioner of United States
Customs and Border Protection shall assign at least 10
additional CBPOs at each service port and the ports of entry
serviced by such service port no later than October 2010.
However, the Commissioner shall not assign an additional CBPO
to a port of entry that does not need such an additional CBPO.
The agreement also requires the Commissioner of Customs and
Border Protection to consult with the port directors of each
service port prior to assigning CBPOs to determine where to
assign such additional CBPOs.
The Conferees expect that the Commissioner of United
States Customs and Border Protection will use the resources of
Section 403 to accelerate the development and promulgation of
regulations to implement trade agreements because the pace has
been too slow.
Section 404. Negotiations
The Conference agreement is identical to Senate Section
403, which requires the Department of Homeland Security to work
with appropriate Federal officials and international
organizations to harmonize customs procedures, standards,
requirements, and commitments to facilitate the efficient flow
of international trade.
The House bill does not contain a comparable provision.
The Conference substitute adopts the Senate provision.
Section 405. International Trade Data System
House Section 203 requires the President to establish and
implement the International Trade Data System (ITDS), a single,
uniform data system for the electronic collection,
dissemination, and sharing of import and export information, to
increase the efficiency of data submission and the security of
such data related to border security, trade, and public health
and safety of international cargoes. The section requires the
President to consult with private sector stakeholders in
developing uniform data submission requirements, procedures,
and schedules. Section 203 also requires the President to
provide a report to the appropriate congressional committees on
the schedule for full implementation of ITDS.
Senate Section 404 requires the Secretary of the Treasury
to: oversee the establishment of an electronic trade data
interchange system; eliminate redundant information
requirements; efficiently regulate the flow of commerce; and
enforce regulations relating to international trade. This
section also requires all Federal agencies that require
documentation for clearing or licensing the importation and
exportation of cargo to participate in the International Trade
Data System (ITDS). This section allows the Office of
Management and Budget (OMB) to waive the participation
requirement if it is in the interest of National security. In
addition, this section establishes an Interagency Steering
Committee to define the standard set of data elements to be
collected, stored and shared in the ITDS and requires the
Committee to submit a report to the Congress before the end of
each fiscal year.
The Conference Report adopts the Senate provision as
modified.
Section 406. In-Bond cargo
Senate Section 405 requires the Commissioner of United
States Customs and Border Protection to submit a report
regarding in-bond cargo to the Committees on Commerce, Science,
and Transportation; Homeland Security and Government Affairs;
and Finance of the Senate and the Committees on Homeland
Security; Transportation and Infrastructure; and Ways and Means
of the House of Representatives not later than June 30, 2007.
The report must include: a plan for closing in-bond entries at
the port of arrival; an assessment of whether ports of arrival
should require any additional information regarding shipments
of in-bond cargo; and an evaluation of criteria for targeting
and examining in-bond cargo.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision.
Section 407. Sense of the Senate
Senate Section 406 expresses the sense of the Senate that
nothing in Sections 2, 106, 111 through 113, and 201 through
232 of the bill shall be construed to affect the jurisdiction
of any standing committee of the Senate.
The House bill does not include a comparable provision.
The Conference Report adopts the Senate provision.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
Section 501. Establishment of Domestic Nuclear Detection Office
House Section 401 amends the Homeland Security Act of
2002 (P.L. 107-296) to add new Sections 2001 through 2015,
which establish the Domestic Nuclear Detection Office (DNDO) in
the Department of Homeland Security.
Senate Section 801 also establishes DNDO, and is similar
to Section 401 of the House bill.
The Conference Report adopts the Senate provision, as
modified, amending the Homeland Security Act as noted below.
Section 1801. Domestic Nuclear Detection Office
Section 1801 of the Conference Report establishes the
Domestic Nuclear Detection Office (DNDO) in the Department of
Homeland Security, to be headed by a Director appointed by the
President. This section allows the Secretary of Homeland
Security to request that the heads of various Federal agencies
provide for the reimbursable detail of personnel with relevant
expertise to the DNDO.
Section 1802. Mission of office
Section 1802 of the Conference Report defines the mission
of the Domestic Nuclear Detection Office (DNDO) and the
responsibilities of the Director of DNDO. In fulfilling its
mission to coordinate Federal efforts to detect and prevent
acts of nuclear or radiological terrorism against the United
States, DNDO will be responsible for: developing the global
nuclear detection architecture (a blueprint for an
international and domestic network of nuclear and radiological
detectors), implementing the domestic portion of this
architecture, and continually maintaining situational awareness
throughout the global architecture; enabling effective
information and intelligence sharing with and reporting to
appropriate officials including the intelligence community, law
enforcement agencies, the emergency response community, and
other appropriate authorities; and, developing, coordinating
and executing a research and development program focused on
achieving dramatically improved nuclear detection capabilities.
The Conference Report adopts the provision in Senate
Section 801. The Senate recedes to House language which
clarifies DNDO's responsibilities to include technical
reachback. This ensures technical experts are available for
interpreting detector data. This provision is critical to the
success of the implementation of the global nuclear detection
architecture. The Senate also recedes to House language
requiring DNDO to conduct rigorous testing and evaluation of
detectors and detection systems to ensure that desired
performance capabilities are known and can be attained under
realistic operating conditions prior to large scale acquisition
and deployment.
Section 1803. Hiring authority
Section 1803 of the Conference Report gives the Secretary
of Homeland Security flexible hiring authority designed to
attract qualified technical personnel needed in the Domestic
Nuclear Detection Office to successfully fulfill its mission.
Section 1804. Testing authority
Section 1804 provides the Director of the Domestic
Nuclear Detection Office (DNDO) with the authority to use
Federal facilities to test equipment and any other items
related to the mission of DNDO. This section ensures that test
results remain confidential, unless consent is provided. The
House and Senate confidentiality provisions are identical.
Section 1804 also establishes a fee structure that allows for
private sector companies to use Federal facilities to test
mission-related equipment. While the provision for testing
services in the House bill is similar to the Senate version,
the Conference Report adopts the Senate amendment in order to
provide greater clarity on fees incurred by the Government for
providing services to the private sector.
Section 1805. Relationship to other department entities and Federal
agencies
House Section 2001(d) and 2003(c) are similar in content
and purpose to Senate Section 1805, but the Senate provision
has a more extensive savings clause.
Senate Section 1805 clarifies that the authorities and
responsibilities of the Director created in this Act will not
affect those of other Department entities, nor those of other
Federal Departments or agencies.
The Conference Report adopts the Senate provision.
Section 1806. Contracting and grant making authorities
The House Section 401 contains conforming language
enabling the Director of DNDO to carry out research,
development, testing, and evaluation of nuclear and
radiological detection technologies through extramural and
intramural programs using grants, contracts, cooperative
agreements and other transactions. Additionally, the House bill
allows the Director to establish or contract with a Federally
Funded Research and Development Center to assist in carrying
out mission-related responsibilities. These authorities are
vested in the Director by amending Title III of the Homeland
Security Act of 2002 (P.L. 107-296), and thus these authorities
are given by the Secretary to the Director, in conjunction with
the Under Secretary for Science and Technology.
Senate Section 802 is a comparable provision.
The Conference Report creates authorities for the
Director, not through amending Title III of the Homeland
Security Act of 2002, but by establishing these authorities,
independent of the Under Secretary for Science and Technology,
directly within Title XVIII--Domestic Nuclear Detection Office
of the Homeland Security Act of 2002, as amended by this Act.
Section 1806 of the Conference Report also includes language
from a Senate amendment directing DNDO to investigate radiation
detection equipment in configurations suitable for deployment
at seaports.
Section 502. Technology research and development investment strategy
for nuclear and radiological detection
Senate Section 802 requires the development of a long-
term, interagency road map to guide research and development on
nuclear and radiological detection systems. A report on the
impact of this title on the Department of Homeland Security's
research and development efforts is also required. The Director
of DNDO and the Under Secretary for Science and Technology are
required to report annually on their efforts to provide a
cohesive, integrated research and development strategy.
House Section 401 amended the Homeland Security Act to
insert a new Section 2011. The report provision included in
this section, in contrast to the requirement above, is an
internal DNDO activity requiring the Director to inform
Congress of its global detection strategy, status, and
schedule.
The Conference Report adopts the Senate provision.
TITLE VI--COMMERCIAL MOBILE SERVICE ALERTS
Section 601. Short title
Senate Section 601 states that this title may be cited as
the ``Warning Alert and Response Network Act.''
The House bill contains no comparable provision.
The Conference Report adopts the Senate provision.
Section 602. Federal Communications Commission duties
The Senate bill contains no comparable section.
The House bill contains no comparable section.
The Conference Report adopts the Senate provision, as
modified. This section sets forth certain duties of the Federal
Communications Commission (FCC) in connection with this title
necessary to create a process through which commercial mobile
service providers (as such term is defined by Section 332(d)(1)
of the Communications Act of 1934) can voluntarily elect to
transmit emergency alerts. The FCC must complete a proceeding
adopting relevant technical standards, protocols, procedures
and other technical requirements based on the recommendations
of the Commercial Mobile Service Alert Advisory Committee
established in this title to enable the transmission of
emergency alerts by commercial mobile service providers who
elect to transmit such alerts. This section also provides the
FCC with authority necessary to implement this title and
provides liability protection to commercial mobile service
providers, including the vendors for such providers, electing
to transmit emergency alerts.
Section 603. Commercial Mobile Service Alert Advisory Committee
Senate Section 606 establishes a Working Group to provide
guidance on the development of the National Alert System.
The House bill contains no comparable section.
The Conference Report adopts the Senate provision, as
modified. This section directs the Chairman of the FCC to
establish a Commercial Mobile Service Alert Advisory Committee
(Advisory Committee) that is required to develop
recommendations critical to enable the transmission of
emergency alerts by commercial mobile service providers that
elect to transmit such alerts. Such recommendations must be
submitted by the Advisory Committee to the FCC within one year
of enactment, and include protocols, technical capabilities,
and technical procedures through which participating providers
may receive, verify and transmit alerts to subscribers. This
section also requires the Advisory Committee to make
recommendations concerning the transmission of alerts in
languages other than English, to the extent practicable and
feasible. The membership of the Advisory Committee includes
representatives of State, local and tribal governments,
industry experts and such other stakeholders as the FCC
Chairman deems appropriate. This section provides rulesfor the
Advisory Committee, exempts it from the requirements of the Federal
Advisory Committee Act, and requires its meetings to be public and
announced in advance.
Section 604. Research and development
Senate Section 607 requires the Undersecretary of
Homeland Security for Science and Technology and the Director
of the National Alert Office to establish a research and
development program to help facilitate future communication
devices to effectively participate in the system.
The House bill contains no comparable section.
The Conference Report adopts the Senate provision, as
modified. This provision directs the Department of Homeland
Security's Under Secretary for Science and Technology to
establish a research, development, testing, and evaluation
program to facilitate the transmission of emergency alerts by
commercial mobile service providers, including the transmission
of geographically targeted alerts.
Section 605. Grant program for remote community alert systems
Senate Section 608 instructs the Administrator of
National Oceanic and Atmospheric Administration (NOAA) to
establish a grant program to provide for the installation of
technologies in remote communities to ensure they are
effectively alerted. This grant program sunsets after five
years.
The House bill contains no comparable section.
The Conference Report adopts the Senate provision, as
modified. This provision directs the Administrator of the
National Oceanic and Atmospheric Administration (NOAA), in
consultation with the Secretary of Homeland Security, to
establish a grant program for outdoor alerting technologies for
remote communities that are effectively unserved by commercial
mobile service. The grant program sunsets after five years and
is capped at $10 million.
Section 606. Funding
Senate Section 613 authorizes $106 million through the
Digital Transition and Public Safety Fund in accordance with
section 3010 of the Digital Television Transition and Public
Safety Act of 2005.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision, as
modified. This provision establishes the funding mechanisms for
this title and provides borrowing authority to accelerate
implementation of this title. It emphasizes that priority
should be given to the provisioning of backbone capability by
public broadcast stations to ensure sufficient funding for such
capability.
Section 607. Essential services disaster assistance
The House bill does not contain a comparable provision.
The Senate bill does not contain a comparable provision.
The Conference Report adopts this provision, which
prohibits Federal agencies, to the greatest extent practicable,
from denying or impeding essential service provider access to a
disaster site for the purpose of restoring essential services
or impeding the repair or restoration of essential services by
such providers, unless exceptional circumstances apply. This
provision does not waive any Federal laws, regulations or
policies.
Section 608. Community disaster loans
The House bill does not contain a comparable provision.
The Senate bill does not contain a comparable provision.
The Conference Report adopts this provision, which
increases the community disaster loan percentage to 50 percent
of local government's annual operating income if local
government loses 75 percent of its tax and other revenue due to
a major disaster, but retains the $5 million cap. This would
primarily help small local governments with annual budgets of
under $10 million.
Section 609. Public facilities
The House bill does not contain a comparable provision.
The Senate bill does not contain a comparable provision.
The Conference Report adopts this provision, which
authorizes a 90 percent reimbursement for relocating a public
building that was destroyed by disaster in all cases,
regardless of whether there is soil instability.
The Conferees note that this approach may be more
efficient than having the Federal Emergency Management Agency
pay the extra cost of raising the elevation of a rebuilt public
building when flood zones change, as is the case under current
law. Current law allows, as an alternative to rebuilding in
place a public building destroyed by a major disaster, the
option of taking a grant to replace that capability in another
location. The Federal contribution 75 percent of the Federal
cost share, unless the reason for relocating is soil
instability, in which case the Federal contribution is 90
percent of the Federal cost share.
Section 610. Expedited payments
The House bill does not contain a comparable provision.
The Senate bill does not contain a comparable provision.
The Conference Report adopts this provision, which
requires the Federal Emergency Management Agency to make a
down-payment of at least 50 percent of the Federal estimated
cost of the reimbursement to a local government for debris
removal within 60 days of developing the estimate, but not
later than 90 days after the filing of the claim.
Section 611. Use of local contracting
The House bill does not contain a comparable provision.
The Senate bill does not contain a comparable provision.
The Conference Report adopts this provision, which
instructs Federal agency contracting officers, when practicable
and feasible, to break disaster response and recovery work
requirements into smaller packages to facilitate participation
by local contractors.
The Conferees note that in response to Hurricane Katrina,
Federal agencies tended to hire large contractors to perform
broad responsibilities over the entire disaster area, which
made it difficult for smaller, local firms to compete.
Section 612. Federal emergency management agency programs
The House bill does not contain a comparable provision.
The Senate bill does not contain a comparable provision.
The Conference Report adopts this provision, which
requires the Federal Emergency Management Agency to be
responsible for the radiological emergency preparedness program
and the chemical stockpile emergency preparedness program.
Section 613. Homeland Security definition
The House bill does not contain a comparable provision.
The Senate bill does not contain a comparable provision.
The Conference Report adopts this provision, which amends
the Homeland Security Act of 2002 (P.L. 107-296) to insert
``governmental and non-governmental'' after ``local.''
TITLE VII--OTHER MATTERS
Section 701. Security plan for essential air service and small
community airports
Senate Section 1106 requires the Assistant Secretary of
Homeland Security for Transportation Security, not later than
60 days after the date of enactment, to submit a security plan
to Congress for Essential Air Service airports in the United
States. The section requires the plan to include
recommendations for improved security measures and passenger
and cargo screening procedures, and a timeline and cost
analysis for the implementation of the recommended security
measures and screening procedures.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision, as
modified to require a security plan for Essential Air Service
Airports in the United States and airports whose community or
consortia of communities receive assistance under the Small
Community Air Service Development Program and maintain, resume,
or obtain scheduled passenger air carrier service with
assistance from that program.
Section 702. Disclosures regarding homeland security grants
Senate Section 1107 requires each State or local
government that receives a grant from the Department of
Homeland Security to provide a report to the Secretary of
Homeland Security listing all expenditures using such funds.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision.
Section 703. Trucking security
Senate Section 1109 requires the Secretary of
Transportation, in cooperation with the Secretary of Homeland
Security, not later than 12 months after the date of enactment,
to issue regulations to implement the recommendations of the
Department of Transportation Inspector General's memorandum
issued on June 4, 2004. In addition, this section requires the
Secretary of Transportation, in conjunction with the Secretary
of Homeland Security, to 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. This section also requires the
Secretary of Homeland Security, within 12 months of enactment,
to draft guidelines for Federal, State, and local law
enforcement officials to improve compliance with Federal
immigration and customs laws. In addition, this section
requires the Administrator of the Federal Motor Carrier Safety
Administration, within 12 months of enactment, to modify the
final rule regarding the enforcement of operating authority to
establish a system or process by which a carrier's operating
authority can be verified during a roadside inspection.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision, as
modified to require the Secretary of Transportation to work in
cooperation with the Secretary of Homeland Security in issuing
regulations to implement the recommendations in the Report on
Federal Motor Carrier Safety Administration Oversight of the
Commercial Driver's License Program. In addition, the
Conference agreement changes the time frame for completion of
the various tasks in this section from 12 months to 18 months.
Section 704. Air and marine operations of the northern border air wing
Senate Section 1112 authorizes $40 million, in addition
to any other amounts authorized for United States Customs and
Border Protection, for each of fiscal years 2007 and 2008 for
the operating expenses of the Northern Border Air Wing in Great
Falls, Montana.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision, as
modified. This section authorizes such sums as are appropriate
in fiscal year 2008, in addition to any other amounts
authorized for United States Customs and Border Protection, for
the Northern Border Air Wing Branch in Great Falls, Montana.
Section 705. Phase-out of vessels supporting oil and gas development
Senate Section 1114 allows foreign-flag vessels to be
employed for the movement or transportation of anchors in the
Beaufort Sea.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision.
Section 706. Coast Guard property in Portland, Maine
Senate Section 1115 changes the conveyance date for
United States Coast Guard Property in Portland, Maine.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision.
Section 707. Methamphetamine and methamphetamine precursor chemicals
Senate Section 1116 requires the Commissioner of the
United States Customs and Border Protection to conduct a study
and submit a report on matters relating to Methamphetamine and
Methamphetamine Precursor Chemicals.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision, as
modified to specify that the Commissioner consult with the
Attorney General of the United States in addition to the United
States Immigration and Customs Enforcement, the United States
Drug Enforcement Administration, and the United States
Department of State. The House also requested that the
Committee on the Judiciary in the House of Representatives
receive a copy of the report and that the word
``international'' be inserted before the word ``mails.''
Section 708. Aircraft charter customer and lessee prescreening program
Senate Section 1117 requires the Comptroller General to
assess and report on the status, implementation, and use of the
Department of Homeland Security's aircraft charter customer and
lessee pre-screening process. This section requires the report
to be submitted to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland
Security of the House of Representatives within 180 days of the
date of enactment.
The House bill does not contain a comparable provision.
The Conference Report adopts the Senate provision, as
modified to require the Comptroller to submit the report within
270 days of the implementation of the Department of Homeland
Security's aircraft charter customer and lessee prescreening
process.
Section 709. Protection of health and safety during disasters
Senate Section 1104 authorizes the Department of Health
and Human Services to establish a coordinated protection,
assessment, and monitoring program for individuals that suffer
from a high exposure level to a substance of concern in
disaster areas. The program informs these individuals of the
health hazards associated with such releases, and monitors the
short and long-term health affects of such a release. It allows
for the voluntary registry in any such program. The section
requires the National Academy of Sciences to gather a series of
subject matter experts and provide a report on disaster area
health and environmental monitoring and provide for
recommendations to improve monitoring and response activities
at the Federal, State, and local level.
The House has no comparable provision.
The Conference Report adopts the Senate language. The
Conference clarifies that the intent of this provision is to
provide for the protection, assessment, and monitoring of all
responders, whether uniformed or volunteer, and those
individuals living, working, or attending school within the
disaster area involving any mode of transportation that suffer
from a high exposure level to a substance of concern in the
disaster area.
Compliance With House Resolution 1000
In compliance with H. Res. 1000 (109th Congress), the
following provisions have been included in H.R. 4954:
The bill contains language requiring disclosure under
House Resolution 1000 on page 46, lines 16 through page 47,
line 10. This section requires the establishment of an
intermodal rail radiation detection test center to be located
at a port with the majority of its cargo leaving the facility
using on-dock, intermodal rail. The language is from an
amendment offered by Senator Cantwell.
The bill also contains language requiring disclosure on
page 50, lines 1 through 10. This section requires the
establishment of a Border Patrol unit in the United States
Virgin Islands. The language is from an amendment offered by
Delegate Christensen.
The bill also contains language requiring disclosure on
page 190, line 16 through page 191, line 3. This section
authorizes such sums as may be necessary for the Northern
Border Air Wing Branch located in Great Falls, Montana. The
language is from an amendment offered by Senator Baucus.
The bill also contains language requiring disclosure on
page 193, lines 8 through 12. This section amends the
conveyance date for United States Coast Guard Property in
Portland, Maine. The language is from an amendment offered by
Senator Collins.
From the Committee on Homeland Security:
Peter King,
Daniel E. Lungren,
John Linder,
Rob Simmons,
David Reichert,
Michael T. McCaul,
Don Young,
Bennie G. Thompson,
Loretta Sanchez,
Jane Harman,
Bill Pascrell, Jr.,
From the Committee on Energy and Commerce:
Joe Barton,
Fred Upton,
From the Committee on Transportation and
Infrastructure:
Bill Shuster,
From the Committee on Science:
Sherwood Boehlert,
Mike Sodrel,
Charlie Melancon,
From the Committee on Ways and Means:
Wm. Thomas,
E. Clay Shaw, Jr.,
Managers on the Part of the House.
From the Committee on Homeland Security and
Governmental Affairs:
Susan Collins,
Norm Coleman,
R.F. Bennett,
From the Committee on Commerce, Science, and
Transportation:
Ted Stevens,
Trent Lott,
Kay Bailey Hutchison,
From the Committee on Finance:
Chuck Grassley,
Orrin Hatch,
Max Baucus,
From the Committee on Banking, Housing, and
Urban Affairs:
Richard Shelby,
Managers on the Part of the Senate.