S.Amdt. 3800

SA 3800. Mr. INOUYE (for himself, Mr. Stevens, Mrs. Hutchison, Mr. Rockefeller, Mrs. Boxer, Mr. Lautenberg, Ms. Snowe, Ms. Cantwell, Mr. Kerry, Mr. Dorgan, Mr. Nelson of Florida, and Mr. Pryor) submitted an amendment intended to be proposed by him to the bill H.R. 4939, making emergency supplemental appropriations for the fiscal year ending September 30, 2006, and for other purposes; which was ordered to lie on the table; as follows:

TITLE --IMPROVED MARITIME SECURITY

SEC. --00. SHORT TITLE; TABLE OF CONTENTS..

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

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

Title --Improved Maritime Security

Sec. --00. Short title; table of contents..

Sec. --01. Establishment of additional interagency operational centers for port security.

Sec. --02. Area maritime transportation security plan to include salvage response plan.

Sec. --03. Post-incident resumption of trade.

Sec. --04. Assistance for foreign ports.

Sec. --05. Improved data for targeted cargo searches.

Sec. --06. Technical requirements for non-intrusive inspection equipment.

Sec. --07. Random inspection of containers.

Sec. --08. Cargo security.

Sec. --09. Secure systems of international intermodal transportation.

Sec. --10. Port security user fee study.

Sec. --11. Deadline for transportation security cards.

Sec. --12. Port security grants.

Sec. --13. Customs-Trade Partnership Against Terrorism security validation program.

Sec. --14. Work stoppages and employee-employer disputes.

Sec. --15. Appeal of denial of waiver for transportation security card.

Sec. --16. Inspection of car ferries entering from Canada.

SEC. --01. 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;

(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 representatives of the United States Customs and Border Protection, the Transportation Security Administration, the Department of Defense, and other Federal agencies, as determined to be appropriate by the Secretary of Homeland Security, and State and local law enforcement or port security agencies and personnel; and

(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 70116 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.

SEC. --02. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE RESPONSE PLAN.

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

(1) by striking “and” after the semicolon in subparagraph (E);

(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 flow of cargo through United States ports is re-established as efficiently and quickly as possible after a transportation security incident.”.

SEC. --03. POST-INCIDENT RESUMPTION OF TRADE.

Section 70103(a)(2)(J) of title 46, United States Code, is amended by inserting after “incident.” the following: “The plan shall provide, to the extent practicable, preference in the reestablishment of the flow of cargo through United States ports after a transportation security incident to--

“(i) vessels that have a vessel security plan approved under subsection (c);

“(ii) vessels manned by individuals who are described in section 70105(b)(2)(B) and who have undergone a background records check under section 70105(d) or who hold transportation security cards issued under section 70105; and

“(iii) vessels on which all the cargo has undergone screening and inspection under standards and procedures established under section 70116(b)(2) of this title.”.

SEC. --04. 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) Foreign Assistance Programs.--

“(1) In general.--The Secretary, in consultation with the Secretary of Transportation, the Secretary of State, the Secretary of Energy, and the Commandant of the United States Coast Guard, shall identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. The Secretary shall establish a program to utilize those programs that are capable of implementing port security antiterrorism measures at ports in foreign countries that the Secretary finds, under section 70108, to lack effective antiterrorism measures.

“(2) Caribbean basin.--The Secretary, in coordination with the Secretary of State and in consultation with the Organization of American States and the Commandant of the United States 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 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.

“(d) International Cargo Security Standards.--The Secretary of State, in consultation with the Secretary acting through the Commissioner of Customs and Border Protection, shall enter into negotiations with foreign governments and international organizations, including the International Maritime Organization, the World Customs Organization, the International Labor 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 --06 of the Maritime Security Improvement Act of 2006;

“(3) to implement the requirements of the container security initiative under section 70121; and

“(4) to implement standards and procedures established under section 70116.”.

(b) Report on Security at Ports in the Caribbean Basin.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to the Senate Committee on Commerce, Science, and Transportation, the House of Representatives Committee on Transportation and Infrastructure, and the House of Representatives Committee on Homeland Security a report on the security of ports in the Caribbean Basin. The report--

(1) shall include--

(A) 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;

(B) an estimate of the number of ports in the Caribbean Basin that will not be secured by January 1, 2007, and 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

(C) an assessment of the additional resources and program changes that are necessary to maximize security at ports in the Caribbean Basin; and

(2) may be submitted in both classified and redacted formats.

(c) 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. --05. IMPROVED DATA FOR TARGETED CARGO SEARCHES.

(a) In General.--In order to provide the best possible data for the automated targeting system developed and operated by United States Customs and Border Protection under section 70116(b)(1) of title 46, United States Code, that identifies high-risk cargo for inspection before it is loaded in a foreign port for shipment to the United States, the Secretary of Homeland Security, acting through the Commissioner of Customs and Border Protection, shall require importers shipping goods to the United States via cargo container to supply entry 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)).

(b) Deadline.--The requirement imposed under subsection (a) shall apply to goods entered after July 1, 2006.

(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. --06. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION EQUIPMENT.

Within 2 years after the date of enactment of this Act, the Commissioner of Customs and Border Protection, in consultation with the National Institute of Science and Technology, shall initiate a rulemaking to establish minimum technical requirements for the capabilities of nonintrusive inspection equipment, including imaging and radiation detection devices, that help ensure that all equipment used can detect risks and threats as determined appropriate by the Secretary, while considering the need not to endorse specific companies or to create sovereignty conflicts with participating countries.

SEC. --07. 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. --08. CARGO SECURITY.

(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; and

(4) by inserting after section 70120, as redesignated by paragraph (2), the following:

“Sec. 70121. Container security initiative

“(a) In General.--Pursuant to the standards established under subsection (b)(1) of section 70116--

“(1) the Secretary, through the Commissioner of Customs and Border Protection, shall issue regulations to--

“(A) 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

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

“(2) 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 paragraph (1) are implemented in an effective manner.

“(b) Extension of Container Security Initiative to Other Ports.--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--

“(1) the seaport--

“(A) presents a significant level of risk;

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

“(C) is potentially capable of validating a secure system of transportation pursuant to section 70116; and

“(2) 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.

“(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.”.

(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:

“70117. In rem liability for civil penalties and certain costs

“70118. Firearms, arrests, and seizure of property

“70119. Withholding of clearance

“70120. Enforcement by State and local officers

“70121. Container security initiative

“70122. Civil penalty”.

(2) Section 70117(a) of title 46, United States Code, is amended by striking “section 70120” and inserting “section 70122”.

(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 70122,”; and

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

(4) Section 111 of the Maritime Transportation Security Act of 2002 is repealed.

SEC. --09. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

Section 70116 of title 46, United States Code, is amended--

(1) by striking “transportation.” in subsection (a) and inserting “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.”; and

(2) by striking subsection (b) and inserting the following:

“(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) establish standards and procedures for screening and evaluating cargo prior to loading in a foreign port for shipment to the United States either directly or via a foreign port;

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

“(4) develop performance standards to enhance the physical security of shipping containers, including performance standards for seals and locks;

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

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

“(c) Benefits from Participation.--The Commissioner of Customs and Border Protection may provide expedited clearance of cargo to an entity that--

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

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

SEC. --10. 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. --11. DEADLINE FOR TRANSPORTATION SECURITY CARDS.

The Secretary shall issue a final rule under section 70105 of title 46, United States Code, no later than January 1, 2007.

SEC. --12. 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.”.

SEC. --13. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM SECURITY VALIDATION PROGRAM.

(a) In General.--Chapter 701 of title 46, United States Code, as amended by section --08 of this title, is further amended--

(1) by redesignating section 70122 (as redesignated by section --08(a)(3) of this title) as section 70123; and

(2) by inserting after section 70121 the following:

“Sec. 70122. Customs-Trade Partnership Against Terrorism

validation program.

“(a) Validation; Records Management.--The Secretary of Homeland Security, through the Commissioner of Customs and Border Protection, 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 Maritime Security Improvement Act of 2006, 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.”.

(b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Homeland Security to carry out section 70122 of title 49, United States Code, 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.

(c) Conforming Amendments.--

(1) The chapter analysis for chapter 701 of title 46, United States Code, as amended by section --08(b) of this title, is further amended by striking the item relating to section 70122 and inserting the following:

“70122. Customs-Trade Partnership Against Terrorism validation program

“70123. Civil penalty”.

(2) Section 70117(a) and 70119(a) of title 46, United States Code, as amended by section --08(b)(2) and (3), respectively, of this Act, are each amended by striking “section 70122,” and inserting “section 70123,”.

SEC. --14. 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. --15. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION SECURITY CARD.

Section 70105(c)(3) of title 46, United States Code, is amended by inserting “or a waiver under paragraph (2)” after “card”.

SEC. --16. 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.