S.Amdt. 3433

SA 3433. Mr. STEVENS submitted an amendment intended to be proposed to amendment SA 3382 submitted by Mr. Stevens (for himself, Mr. Shelby, Mr. Inouye, and Mrs. Hutchison) and intended to be proposed to the bill S. 2454, to amend the Immigration and Nationality Act to provide for comprehensive reform and for other purposes; which was ordered to lie on the table; as follows:

Strike the title relating to improved maritime security and insert the following:

TITLE --IMPROVED MARITIME SECURITY

SEC. 500. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the “Maritime and Transportation Security Act of 2006.”

(b) Table of Contents.--The table of contents for this title is as follows:

Title V--Improved Maritime Security

Sec. 501. Establishment of additional interagency operational centers for port security.

Sec. 502. Area maritime transportation security plan to include salvage response plan.

Sec. 503. Assistance for foreign ports.

Sec. 504. Specific port security initiatives.

Sec. 505. Technical requirements for non-intrusive inspection equipment.

Sec. 506. Random inspection of containers.

Sec. 507. Port security user fee study.

Sec. 508. Port security grants.

Sec. 509. Work stoppages and employee-employer disputes.

Sec. 510. Inspection of car ferries entering from Canada.

TITLE V--IMPROVED MARITIME SECURITY

SEC. 501. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL CENTERS FOR PORT SECURITY.

(a) In General.--In order to improve interagency cooperation, unity of command, and the sharing of intelligence information in a common mission to provide greater protection for port and intermodal transportation systems against acts of terrorism, the Secretary of Homeland Security, acting through the Commandant of the Coast Guard, shall establish interagency operational centers for port security at all high priority ports.

(b) Characteristics.--The interagency operational centers shall--

(1) be based on the most appropriate compositional and operational characteristics of the pilot project interagency operational centers for port security in Miami, Florida, Norfolk/Hampton Roads, Virginia, Charleston, South Carolina, and San Diego, California, and the virtual operation center at the port of New York/New Jersey;

(2) be adapted to meet the security needs, requirements, and resources of the individual port area at which each is operating;

(3) provide for participation by--

(A) representatives of the United States Customs and Border Protection, Immigration and Customs Enforcement, the Transportation Security Administration, the Department of Defense, and other Federal agencies, as determined to be appropriate by the Secretary of Homeland Security;

(B) representatives of State and local law enforcement or port security agencies and personnel; and

(C) members of the area maritime security committee, as deemed appropriate by the captain of the port;

(4) be incorporated in the implementation of--

(A) maritime transportation security plans developed under section 70103 of title 46, United States Code;

(B) maritime intelligence activities under section 70113 of that title;

(C) short and long range vessel tracking under sections 70114 and 70115 of that title;

(D) secure transportation systems under section 70119 of that title;

(E) the United States Customs and Border Protection's screening and high-risk cargo inspection programs; and

(F) the transportation security incident response plans required by section 70104 of that title.

(c) 2005 Act Report Requirement.--Nothing in this section relieves the Commandant of the Coast Guard from compliance with the requirements of section 807 of the Coast Guard and Maritime Transportation Act of 2004. The Commandant shall utilize the information developed in making the report required by that section in carrying out the requirements of this section.

(d) Budget and Cost-Sharing Analysis.--Within 180 days after the date of enactment of this Act, the Secretary shall transmit to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security a proposed budget analysis for implementing subsection (a), including cost-sharing arrangements with other Federal departments and agencies involved in the interagency operation of the centers.

(e) Security Clearance Assistance.--The Secretary of the department in which the Coast Guard is operating may assist non-Federal personnel described in subsection (b)(3)(B) or (C) in obtaining expedited appropriate security clearances and in and maintaining their security clearances.

(f) Security Incidents.--During a transportation security incident (as defined in section 70101(6) of title 46, United States Code) involving a port, the Coast Guard Captain of the Port designated by the Commandant of the Coast Guard in each joint operations center for maritime security shall act as the incident commander, unless otherwise directed under the National Maritime Transportation Security Plan established under section 70103 of title 46, United States Code.

SEC. 502. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE RESPONSE PLAN.

Section 70103(b)(2) of title 46, United States Code, is amended--

(1) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively; and

(2) by inserting after subparagraph (D) the following:

“(E) include a salvage response plan--

“(i) to identify salvage equipment capable of restoring operational trade capacity; and

“(ii) to ensure that the flow of cargo through United States ports is re-established as efficiently and quickly as possible after a transportation security incident.”.

SEC. 503. ASSISTANCE FOR FOREIGN PORTS.

(a) In General.--Section 70109 of title 46, United States Code, is amended--

(1) by striking the section heading and inserting the following:

“Sec. 70109. International cooperation and coordination”;

and

(2) by adding at the end the following:

“(c) International Cargo Security Standards.--The Secretary, in consultation with the Secretary of State, shall enter into negotiations with foreign governments and international organizations, including the International Maritime Organization, the World Customs Organization, and the International Standards Organization, as appropriate--

“(1) to promote standards for the security of containers and other cargo moving within the international supply chain;

“(2) to encourage compliance with minimum technical requirements for the capabilities of nonintrusive inspection equipment, including imaging and radiation detection devices, established under section ------ of the Maritime and Transportation Security Act of 2006 Act;

“(3) to implement the requirements of the container security initiative under section 70117; and

“(4) to implement standards and procedures established under section 70119.”.

(b) Conforming Amendment.--The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the item relating to section 70901 and inserting the following:

“70901. International cooperation and coordination”.

SEC. 504. SPECIFIC PORT SECURITY INITIATIVES.

(a) In General.--Chapter 701 of title 46, United States Code, is amended--

(1) by redesignating the second section 70118 (relating to withholding of clearance), as added by section 802(a)(2) of the Coast Guard and Maritime Transportation Act of 2004, as section 70119;

(2) by redesignating the first section 70119 (relating to enforcement by State and local officers), as added by section 801(a) of the Coast Guard and Maritime Transportation Act of 2004, as section 70120;

(3) by redesignating the second section 70119 (relating to civil penalty), as redesignated by section 802(a)(1) of the Coast Guard and Maritime Transportation Act of 2004, as section 70122;

(4) by striking section 70116;

(5) by redesignating sections 70117 through 70122 (as redesignated) as sections 70120 through 70126; and

(6) by inserting after section 70115 the following:

“Sec. 70116. Automated targeting system

“(a) In General.--The Secretary shall develop and maintain an antiterrorism cargo identification and screening system for containerized cargo shipped to the United States either directly or via a foreign port to assess imports and target those imports which pose a high risk of containing contraband.

“(b) 24-Hour Advance Notification.--In order to provide the best possible data for the automated targeting system, the Secretary shall require importers shipping goods to the United States via cargo container to supply advanced trade data not later than 24 hours before loading a container under the advance notification requirements under section 484(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). The requirement shall apply to goods entered after July 1, 2007.

“(c) Secure Transmission; Confidentiality.--All information required by the Secretary from supply chain partners under this section shall--

“(1) be transmitted in a secure fashion, as determined by the Secretary, so as to protect the information from unauthorized access; and

“(2) shall not be subject to public disclosure under section 552 of title 5.

“(c) Authorization of Appropriations.--

“(1) There are authorized to be appropriated to the Secretary of Homeland Security to carry out the automated targeting system program to identify high-risk oceanborne container cargo for inspection--

“(A) $30,700,000 for fiscal year 2007;

“(B) $33,200,000 for fiscal year 2008; and

“(C) $35,700,000 for fiscal year 2009.

“(2) The amounts authorized by this subsection shall be in addition to any other amounts authorized to be appropriated to carry out that program.

“Sec. 70117. Container security initiative

“(a) In General.--The Secretary shall issue regulations to--

“(1) evaluate and screen cargo documents prior to loading in a foreign port for shipment to the United States, either directly or via a foreign port; and

“(2) inspect high-risk cargo in a foreign port intended for shipment to the United States by physical examination or nonintrusive examination by technological means.

“(b) Implementation.--The Commissioner of Customs and Border Protection shall execute inspection and screening protocols with authorities in foreign ports to ensure that the standards and procedures promulgated under subsection (a) are implemented in an effective manner.

“(c) Application of Container Security Initiative to Other Ports.--

“(1) In general.--The Secretary, through the Commissioner of Customs and Border Protection, may designate foreign seaports under this section if, with respect to any such seaport, the Secretary determines that--

“(A) the seaport--

“(i) presents a significant level of risk;

“(ii) is a significant port or origin or transshipment, in terms of volume or value, for cargo being imported to the United States; and

“(iii) is potentially capable of validating a secure system of transportation pursuant to section 70119; and

“(B) the Department of State and representatives of the country with jurisdiction over the port have completed negotiations to ensure compliance with the requirements of the container security initiative.

“(2) Coordination with international cargo security standards.--In carrying out paragraph (a), the Secretary shall--

“(A) consult with the Secretary of State concerning progress under section 70109(d); and

“(B) coordinate activities under paragraph (1) with activities conducted under that section.

“(c) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section--

“(1) $142,000,000 for fiscal year 2007;

“(2) $144,000,000 for fiscal year 2008; and

“(3) $146,000,000 for fiscal year 2009.

“Sec. 70118. Customs-Trade Partnership Against Terrorism

validation program

“(a) In General.--The Secretary shall establish a voluntary program to strengthen and improve the overall security of the international supply chain and United States border security.

“(b) Validation; Records Management.--The Secretary shall issue regulations--

“(1) to strengthen the validation process to verify that security programs of members of the Customs-Trade Partnership Against Terrorism have been implemented and that the program benefits should continue by providing appropriate guidance to specialists conducting such validations, including establishing what level of review is adequate to determine whether member security practices are reliable, accurate, and effective; and

“(2) to implement a records management system that documents key decisions and significant operational events accurately and in a timely manner, including a reliable system for--

“(A) documenting and maintaining records of all decisions in the application through validation processes, including documentation of the objectives, scope, methodologies, and limitations of validations; and

“(B) tracking member status.

“(b) Human Capital Plan.--Within 6 months after the date of enactment of the Transportation Security Improvement Act of 2005, the Secretary shall complete a human capital plan, that clearly describes how the Customs-Trade Partnership Against Terrorism program will recruit, train, and retain sufficient staff to conduct the work of the program successfully, including reviewing security profiles, vetting, and conducting validations to mitigate program risk.

“(c) Revalidation.--The Secretary shall establish a process for revalidating C-TPAT participants. Such revalidation shall occur not less frequently than once during every 3-year period following validation.

“(d) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section not to exceed--

“(1) $60,000,000 for fiscal year 2007;

“(2) $65,000,000 for fiscal year 2008; and

“(3) $72,000,000 for fiscal year 2009.

“Sec. 70119. Secure systems of transportation

“(a) In General.--The Secretary shall establish a program, to be known as the ‘GreenLane program', to evaluate and certify secure systems of international intermodal transportation--

“(1) to ensure the security and integrity of shipments of goods to the United States from the point at which such goods are initially packed or loaded into a cargo container for international shipment until they reach their ultimate destination; and

“(2) to facilitate the movement of such goods through the entire supply chain through an expedited security and clearance program.

“(b) Program Elements.--In establishing and conducting the program under subsection (a) the Secretary, acting through the Commissioner of Customs and Border Protection, shall--

“(1) establish standards and procedures for verifying, at the point at which goods are placed in a cargo container for shipping, that the container is free of unauthorized hazardous chemical, biological, or nuclear material and for securely sealing such containers after the contents are so verified;

“(2) ensure that cargo is loaded at a port designated under section 70117 for shipment to the United States;

“(3) develop performance standards to enhance the physical security of shipping containers, including performance standards for container security devices;

“(4) establish standards and procedures for securing cargo and monitoring that security while in transit;

“(5) ensure that cargo complies with additional security criteria established by the Secretary beyond the minimum requirements for C-TPAT participation under section 70118, particularly in the area of access controls;

“(6) establish standards and procedures for allowing the United States Government to ensure and validate compliance with this program; and

“(7) incorporate any other measures the Secretary considers necessary to ensure the security and integrity of international intermodal transport movements.

“(c) Benefits from Participation.--

“(1) Eligibility.--The Commissioner of Customs and Border Protection may by regulation provide for expedited clearance of cargo for an entity that--

“(A) meets or exceeds the standards established under subsection (b); and

“(B) certifies the security of its supply chain not less often than once every 2 years to the Secretary.

“(2) Benefits.--The expedited clearance provided under paragraph (1) to any eligible entity may include--

“(A) the expedited release of GreenLane cargo into destination ports within the United States during all threat levels designated by the Secretary or the Commandant of the Coast Guard;

“(B) reduced or eliminated bonding requirements for GreenLane cargo;

“(C) priority processing for searches;

“(D) further reduced scores in the automated targeting system; and

“(E) streamlined billing of any customs duties or fees.

“(d) Consequences of Lack of Compliance.--

“(1) In general.--Any participant whose security measures and supply chain security practices have been determined by the Secretary to be out of compliance with any requirements of the program shall be denied benefits under the program.

“(2) Right of appeal.--Any participant determined by the Secretary under paragraph (1) not to be in compliance with the requirements of the program may appeal that determination to the Secretary.”.

(b) Conforming Amendments.--

(1) The chapter analysis for chapter 701 of title 46, United States Code, is amended by striking the items following the item relating to section 70116 and inserting the following:

“70116. Automated targeting system

“70117. Container security initiative

“70118. Customs-Trade Partnership Against Terrorism validation program

“70119. Secure systems of transportation

“70120. In rem liability for civil penalties and certain costs

“70121. Firearms, arrests, and seizure of property

“70122. Withholding of clearance

“70123. Enforcement by State and local officers

“70124. Container security initiative

“70125. Civil penalty”.

(2) Section 70117(a) of title 46, United States Code, is amended by striking “section 70120” and inserting “section 70125”.

(3) Section 70119(a) of such title, as redesignated by subsection (a)(1) of this section, is amended--

(A) by striking “under section 70119,” and inserting “under section 70125,”; and

(B) by striking “under section 70120,” and inserting “under that section,”.

SEC. 505. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION EQUIPMENT.

(a) In General.--Within 180 days after the date of enactment of this Act, the Domestic Nuclear Detection Office, in consultation with the National Institute of Science and Technology and the U.S. Customs and Border Protection, shall initiate a rulemaking--

(1) to establish minimum technical requirements for the capabilities of non-intrusive inspection equipment for cargo, including imaging and radiation devices; and

(2) to ensure that all equipment used can detect risks and threats as determined appropriate by the Secretary.

(b) Endorsements; Sovereignty Conflicts.--In establishing such requirements, the Domestic Nuclear Detection Office shall be careful to avoid the endorsement of products associated with specific companies and the creation of sovereignty conflicts with participating countries.

(c) Radiation Safety.--Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit a plan to the Senate Committee on Commerce, Science, and Transportation, Senate Committee on Homeland Security and Governmental Affairs, the Senate Committee on Appropriations, the House of Representatives Committee on Homeland Security, and the House of Representatives Committee on Appropriations that--

(1) details the health and safety impacts of nonintrusive inspection technology; and

(2) describes the policy of the Bureau of Customs and Border Protection for using nonintrusive inspection equipment.

(d) Final Rule Deadline.--The Domestic Nuclear Detection Office shall issue a final rule under subsection (a) within 1 year after the rulemaking proceeding is initiated.

SEC. 506. RANDOM INSPECTION OF CONTAINERS.

Within 1 year after the date of enactment of this Act, the Commissioner of Customs and Border Protection shall develop and implement a plan, utilizing best practices for empirical scientific research design and random sampling standards for random physical inspection of shipping containers in addition to any targeted or pre-shipment inspection of such containers required by law or regulation or conducted under any other program conducted by the Commissioner. Nothing in this section shall be construed to mean that implementation of the random sampling plan would preclude the additional physical inspection of shipping containers not inspected pursuant to the plan.

SEC. 507. PORT SECURITY USER FEE STUDY.

The Secretary of Homeland Security shall conduct a study of the need for, and feasibility of, establishing a system of oceanborne and port-related intermodal transportation user fees that could be imposed and collected as a dedicated revenue source, on a temporary or continuing basis, to provide necessary funding for the improvement and maintenance of enhanced port security. Within 1 year after date of enactment of this Act, the Secretary shall submit a report to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security that--

(1) contains the Secretary's findings, conclusions, and recommendations (including legislative recommendations if appropriate); and

(2) includes an assessment of the annual amount of customs fees and duties collected through oceanborne and port-related transportation and the amount and percentage of such fees and duties that are dedicated to improve and maintain security.

SEC. 508. 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 “based on risk and vulnerability”.

(b) Eligible Costs.--Section 70107(b) of title 46, United States Code, is amended by striking paragraph (1) and redesignating paragraphs (2) through (4) as paragraphs (1) through (3), respectively.

(c) Letters of Intent.--Section 70107(e) of title 46, United States Code, is amended by adding at the end the following:

“(5) Letters of intent.--The Secretary may execute letters of intent to commit funding to port sponsors from the Fund.”.

(d) Operation Safe Commerce.--Section 70107(i) of title 46, United States Code, is amended--

(1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6); and

(2) by inserting after paragraph (3) the following:

“(4) Operation Safe Commerce.--

“(A) In general.--Not later than 1 year after the date of enactment of the [To be supplied] Act, the Secretary shall initiate grant projects that--

“(i) integrate nonintrusive inspection and radiation detection equipment with automatic identification methods for containers, vessels, and vehicles;

“(ii) test physical access control protocols and technologies;

“(iii) create a data sharing network capable of transmitting data required by entities participating in the international supply chain from every intermodal transfer point to the National Targeting Center of the Department; and

“(iv) otherwise further maritime and cargo security, as determined by the Secretary.

“(B) Supply chain security for special container and noncontainerized cargo.--The Secretary shall consider demonstration projects that further the security of the international supply chain for special container cargo, including refrigerated containers, and noncontainerized cargo, including roll-on/roll-off, break-bulk, liquid, and dry bulk cargo.

“(C) Annual report.--Not later than March 1 of each year, the Secretary shall submit a report detailing the results of Operation Safe Commerce to--

“(i) the Senate Committee on Commerce, Science, and Transportation;

“(ii) the Senate Committee on Homeland Security and Governmental Affairs;

“(iii) the House of Representatives Committee on Homeland Security;

“(iv) the Senate Committee on Appropriations; and

“(v) the House of Representatives Committee on Appropriations.”.

(e) Research, Development, Test, and Evaluation.--The Secretary of Homeland Security shall--

(1) direct research, development, test, and evaluation efforts in furtherance of maritime and cargo security;

(2) encourage the ingenuity of the private sector in developing and testing technologies and process innovations in furtherance of these objectives; and

(3) evaluate such technologies.

(f) Coordination.--The Secretary of Homeland Security, acting through the Undersecretary for Science and Technology, in consultation with the Assistant Secretary for Policy, the Director of Cargo Security Policy, and the Chief Financial Officer, shall ensure that--

(1) research, development, test, and evaluation efforts funded by the Department in furtherance of maritime and cargo security are coordinated to avoid duplication of efforts; and

(2) the results of such efforts are shared throughout the Department, as appropriate.

SEC. 509. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.

Section 70101(6) is amended by inserting after “area.” the following: “In this paragraph, the term ‘economic disruption' does not include a work stoppage or other nonviolent employee-related action resulting from an employee-employer dispute.”.

SEC. 510. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

Within 120 days after the date of enactment of this Act, the Secretary of Homeland Security, acting through the Commissioner of Customs and Border Protection, in coordination with the Secretary of State, and their Canadian counterparts, shall 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 port.