S.Amdt. 4925

TEXT OF AMENDMENTS

SA 4924. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill H.R. 4954, to improve maritime and cargo
security through enhanced layered defenses, and for other purposes;
which was ordered to lie on the table; as follows:

SEC. ------. ESTABLISHMENT OF COMPETITIVE RESEARCH PROGRAM.

(a) In General.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end
the following:

``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

``(a) In General.--
``(1) Establishment.--The Secretary, acting through the
Under Secretary for Science and Technology, shall establish a
competitive research program within the Directorate.
``(2) Director.--The program shall be headed by a Director,
who shall be appointed by the Secretary. The Director shall
report to the Under Secretary.
``(3) Duties of Director.--In the administration of the
program, the Director shall--
``(A) establish a cofunding mechanism for States with
academic facilities that have not fully developed security-
related science and technology to support burgeoning research
efforts by the faculty or link them to established
investigators;
``(B) provide for conferences, workshops, outreach, and
technical assistance to researchers and institutions of
higher education in States on topics related to developing
science and technology expertise in areas of high interest
and relevance to the Department;
``(C) monitor the efforts of States to develop programs
that support the Department's mission;

[[Page S9312]]

``(D) implement a merit review program, consistent with
program objectives, to ensure the quality of research
conducted with Program funding; and
``(E) provide annual reports on the progress and
achievements of the Program to the Secretary.
``(b) Assistance Under the Program.--
``(1) Scope.--The Director shall provide assistance under
the program for research and development projects that are
related to, or qualify as, homeland security research (as
defined in section 307(a)(2)) under the program.
``(2) Form of assistance.--Assistance under the program can
take the form of grants, contracts, or cooperative
arrangements.
``(3) Applications.--Applicants shall submit proposals or
applications in such form, at such times, and containing such
information as the Director may require.
``(c) Implementation.--
``(1) Start-up phases.--For the first 3 fiscal years
beginning after the date of enactment of the Border
Infrastructure and Technology Integration Act of 2004,
assistance under the program shall be limited to institutions
of higher education located in States in which an institution
of higher education with a grant from, or a contract or
cooperative agreement with, the National Science Foundation
under section 113 of the National Science Foundation Act of
1988 (42 U.S.C. 1862) is located.
``(2) Subsequent fiscal years.--
``(A) In general.--Beginning with the 4th fiscal year after
the date of enactment of this Act, the Director shall rank
order the States (excluding any noncontiguous State (as
defined in section 2(14)) other than Alaska, Hawaii, the
Commonwealth of Puerto Rico, and the Virgin Islands) in
descending order in terms of the average amount of funds
received by institutions of higher education (as that term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)) in each State that received financial
assistance in the form of grants, contracts, or cooperative
arrangements under this title during each of the preceding 3
fiscal years.
``(B) Allocation.--Beginning with the 4th fiscal year after
the date of enactment of this Act, assistance under the
program for any fiscal year is limited to institutions of
higher education located in States in the lowest third of
those ranked under subparagraph (A) for that fiscal year.
``(C) Determination of location.--For purposes of this
paragraph, an institution of higher education shall be
considered to be located in the State in which its home
campus is located, except that assistance provided under the
program to a division, institute, or other facility located
in another State for use in that State shall be considered to
have been provided to an institution of higher education
located in that other State.
``(D) Multiyear assistance.--For purposes of this
paragraph, assistance under the program that is provided on a
multi-year basis shall be counted as provided in each such
year in the amount so provided for that year.
``(d) Funding.--The Secretary shall ensure that no less
than 5 percent of the amount appropriated for each fiscal
year to the Acceleration Fund for Research and Development of
Homeland Security Technologies established by section
307(c)(1) is allocated to the program established by
subsection (a).''.
(b) Conforming Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by inserting after
the item relating to section 313 the following:

``Sec. 314. Competitive research program.''.
______

SA 4925. Mr. SHELBY (for himself, Mr. Sarbanes, Mr. Santorum, Mr.
Reed, Mr. Menendez, Mrs. Clinton, and Mr. Lieberman) submitted an
amendment intended to be proposed by him to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

TITLE __--MASS TRANSIT SECURITY

SEC. __01. SHORT TITLE.

This title may be cited as the ``Public Transportation
Terrorism Prevention Act of 2006''.

SEC. __02. FINDINGS.

Congress finds that--
(1) public transportation systems throughout the world have
been a primary target of terrorist attacks, causing countless
death and injuries;
(2) 5,800 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential for the Nation's economy and for significant
national and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements
to the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect
our Nation's aviation system and its 1,800,000 daily
passengers;
(7) the Federal Government has allocated $250,000,000 in
fiscal years 2003 through 2005 to protect public
transportation systems in the United States;
(8) the Federal Government has invested $7.38 in aviation
security improvements per passenger, but only $0.007 in
public transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and many
transportation experts have reported an urgent need for
significant investment in public transportation security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.

SEC. __03. SECURITY ASSESSMENTS.

(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
the enactment of this Act, the Federal Transit Administration
of the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2007, the Secretary of
Homeland Security shall review and augment the security
assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall
use the security assessments received under paragraph (1) as
the basis for allocating grant funds under section __04,
unless the Secretary notifies the Committee on Banking,
Housing, and Urban Affairs of the Senate that the Secretary
has determined that an adjustment is necessary to respond to
an urgent threat or other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2007, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1) and with
appropriate State and local officials, shall establish
security improvement priorities that will be used by public
transportation agencies for any funding provided under
section __04.
(5) Updates.--Not later than July 31, 2008, and annually
thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in this
subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest risk of
a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary
of Homeland Security shall use the information collected
under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public transportation
systems; and
(B) maximizes the efforts of public transportation systems
to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later
than July 31, 2007, the Secretary of Homeland Security shall
conduct security assessments, appropriate to the size and
nature of each system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.

SEC. __04. SECURITY ASSISTANCE GRANTS.

(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the
priorities established under section __03(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive
detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator type
system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section __03(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation employees,
including bus and rail operators, mechanics, customer
service, maintenance employees, transit police, and security
personnel;
(B) live or simulated drills;

[[Page S9313]]

(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or explosives
detection;
(E) overtime reimbursement for enhanced security personnel
during significant national and international public events,
consistent with the priorities established under section
__03(a)(4); and
(F) other appropriate security improvements identified
under section __03(a)(4), excluding routine, ongoing
personnel costs.
(c) State Homeland Security Plans.--In establishing
security improvement priorities under section 3(a)(4) and in
awarding grants for capital security improvements and
operational security improvements under subsections (a) and
(b), respectively, the Secretary of Homeland Security shall
ensure that its actions are consistent with relevant State
Homeland Security Plans.
(d) Multi-State Transportation Systems.--In cases where a
public transportation system operates in more than 1 State,
the Secretary of Homeland Security shall give appropriate
consideration to the risks of the entire system, including
those portions of the States into which the system crosses,
in establishing security improvement priorities under section
3(a)(4), and in awarding grants for capital security
improvements and operational security improvements under
subsections (a) and (b), respectively.
(e) Congressional Notification.--Not later than 3 days
before the award of any grant under this section, the
Secretary of Homeland Security shall notify the Committee on
Banking, Housing, and Urban Affairs of the Senate of the
intent to award such grant.
(f) Public Transportation Agency Responsibilities.--Each
public transportation agency that receives a grant under this
section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(g) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified for that grant under
this section, the grantee shall return any amount so used to
the Treasury of the United States.

SEC. __05. INTELLIGENCE SHARING.

(a) Intelligence Sharing.--The Secretary of Homeland
Security shall ensure that the Department of Transportation
receives appropriate and timely notification of all credible
terrorist threats against public transportation assets in the
United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis
Center for Public Transportation (referred to in this
subsection as the ``ISAC'') established pursuant to
Presidential Directive 63, to protect critical
infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation agencies that
the Secretary determines to be at significant risk of
terrorist attack to participate in the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public transportation
agency for participating in the ISAC.

SEC. __06. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS
AND CONTRACTS.

(a) Grants and Contracts Authorized.--The Secretary of
Homeland Security, through the Homeland Security Advanced
Research Projects Agency in the Science and Technology
Directorate and in consultation with the Federal Transit
Administration, shall award grants or contracts to public or
private entities to conduct research into, and demonstrate,
technologies and methods to reduce and deter terrorist
threats or mitigate damages resulting from terrorist attacks
against public transportation systems.
(b) Use of Funds.--Grants or contracts awarded under
subsection (a)--
(1) shall be coordinated with Homeland Security Advanced
Research Projects Agency activities; and
(2) may be used to--
(A) research chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(B) research imaging technologies;
(C) conduct product evaluations and testing; and
(D) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that is awarded a
grant or contract under this section shall report annually to
the Department of Homeland Security on the use of grant or
contract funds received under this section.
(d) Return of Misspent Grant or Contract Funds.--If the
Secretary of Homeland Security determines that a grantee or
contractor used any portion of the grant or contract funds
received under this section for a purpose other than the
allowable uses specified under subsection (b), the grantee or
contractor shall return any amount so used to the Treasury of
the United States.

SEC. __07. REPORTING REQUIREMENTS.

(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
each year, the Secretary of Homeland Security shall submit a
report, containing the information described in paragraph
(2), to--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the provisions
of sections __03 through __06;
(B) the amount of funds appropriated to carry out the
provisions of each of sections __03 through __06 that have
not been expended or obligated; and
(C) the state of public transportation security in the
United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 each year, the
Secretary of Homeland Security shall submit a report to the
Governor of each State with a public transportation agency
that has received a grant under this title.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each such
public transportation agency; and
(B) the use of such grant funds.

SEC. __08. AUTHORIZATION OF APPROPRIATIONS.

(a) Capital Security Assistance Program.--There are
authorized to be appropriated $2,370,000,000 for fiscal year
2007 to carry out the provisions of section __04(a), which
shall remain available until expended.
(b) Operational Security Assistance Program.--There are
authorized to be appropriated to carry out the provisions of
section __04(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of
section __05.
(d) Research.--There are authorized to be appropriated
$130,000,000 for fiscal year 2007 to carry out the provisions
of section __06, which shall remain available until expended.

SEC. __09. SUNSET PROVISION.

The authority to make grants under this title shall expire
on October 1, 2010.
______

SA 4926. Mr. STEVENS (for himself, Mr. Inouye, Mr. McCain, Mr.
Lautenberg, and Mrs. Clinton) proposed an amendment to amendment SA
4922 submitted by Mr. McCain (for himself, Ms. Snowe, Mr. DeWine, Mr.
Biden, and Mr. Lieberman) to the bill H.R. 4954, to improve maritime
and cargo security through enhanced layered defenses, and for other
purposes; as follows:

On page 19, line 5, strike ``and''.
On page 19, line 6, strike ``efforts.'' and insert
``efforts; and''.
On page 19, between lines 6 and 7, insert the following:
(8) for employee security training.
On page 20, line 1, strike ``2007'' and insert ``2007,
$30,000,000 for fiscal year 2008, and $30,000,000 for fiscal
year 2009''.
On page 31, line 15, strike ``20116.'' and insert
``20118.''.
On page 31, line 25, strike ``perceived threat to security;
or'' and insert ``reasonably perceived threat, in good faith,
to security; or''.
On page 32, line 4, strike ``perceived threat to security;
or'' and insert ``reasonably perceived threat, in good faith,
to security; or''.
On page 33, line 7, after ``(2),'' insert ``or with the
written consent of the employee,''.
On page 33, beginning in line 10, strike ``section without
the written consent of the employee.'' and insert
``section.''.
On page 33, after line 11, strike the item relating to
section 20116 and insert the following:

``20118. Whistleblower protection for rail security matters''.

On page 33, after the item appearing after line 11, insert
the following:

SEC. --118. RAIL WORKER SECURITY TRAINING PROGRAM.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Secretary of Transportation, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and
issue detailed guidance for a rail worker security training
program to prepare front-line workers for potential threat
conditions. The guidance shall take into consideration any
current security training requirements or best practices.
(b) Program Elements.--The guidance developed under
subsection (a) shall include elements, as appropriate to
passenger and freight rail service, that address the
following:
(1) Determination of the seriousness of any occurrence.

[[Page S9314]]

(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days
after the Secretary of Homeland Security issues guidance
under subsection (a) in final form, each railroad carrier
shall develop a rail worker security training program in
accordance with that guidance and submit it to the Secretary
for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall
review the program and transmit comments to the railroad
carrier concerning any revisions the Secretary considers
necessary for the program to meet the guidance requirements.
A railroad carrier shall respond to the Secretary's comments
within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary
reviews the training program developed by a railroad carrier
under this section, the railroad carrier shall complete the
training of all front-line workers in accordance with that
program. The Secretary shall review implementation of the
training program of a representative sample of railroad
carriers and report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security on the
number of reviews conducted and the results. The Secretary
may submit the report in both classified and redacted formats
as necessary.
(e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide
additional training to their front-line workers within a
reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers,
train operators, other onboard employees, maintenance and
maintenance support personnel, bridge tenders, as well as
other appropriate employees of railroad carriers, as defined
by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security
shall issue guidance and best practices for a rail shipper
employee security program containing the elements listed
under subsection (b) as appropriate.

SEC. --119. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.

(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration) and the
Secretary of Transportation, shall require rail carriers
transporting a high hazard material, and of a quantity equal
or exceeding the quantities of such material listed in
subpart 172.800, title 49, Federal Code of Regulations, to
develop a high hazard material security threat mitigation
plan containing appropriate measures, including alternative
routing and temporary shipment suspension options, to address
assessed risks to high consequence targets. The plan, and any
information submitted to the Secretary under this section
shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49,
United States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier
for the shipment of high hazardous materials by rail on the
rail carrier's right-of-way when the threat levels of the
Homeland Security Advisory System are high or severe and
specific intelligence of probable or imminent threat exists
towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high hazard
materials to the Secretary of Homeland Security within 60
days after the date of enactment of this Act;
(B) develop and submit a high hazard material security
threat mitigation plan to the Secretary within 180 days after
it receives the notice of high consequence targets on such
routes by the Secretary; and
(C) submit any subsequent revisions to the plan to the
Secretary within 30 days after making the revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad
carrier shall respond to the Secretary's comments within 30
days after receiving them. Each rail carrier shall update and
resubmit its plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) Catastrophic impact zone.--The term ``catastrophic
impact zone'' means the area immediately adjacent to, under,
or above an active railroad right-of-way used to ship high
hazard materials in which the potential release or explosion
of the high hazard material being transported would likely
cause--
(A) loss of life; or
(B) significant damage to property or structures.
(2) High-consequence target.--The term ``high-consequence
target'' means a building, buildings, infrastructure, public
space, or natural resource designated by the Secretary of
Homeland Security that is viable terrorist target of national
significance, the attack of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and defense
capabilities; or
(C) national economic harm.
(3) High hazard materials.--The term ``high hazard
materials'' means quantities of poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, and
anhydrous ammonia that the Secretary, in consultation with
the Secretary of Transportation, determines pose a security
risk.
(4) Rail carrier.--The term ``rail carrier'' has the
meaning given that term by section 10102(5) of title 49,
United States Code.

SEC. --120. PUBLIC AWARENESS.

Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Secretary of Transportation, shall develop a national
plan for public outreach and awareness. Such plan shall be
designed to increase awareness of measures that the general
public, railroad passengers, and railroad employees can take
to increase railroad system security. Such plan shall also
provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing
research and development efforts, and available Federal
funding sources to improve railroad security. Not later than
9 months after the date of enactment of this Act, the
Secretary of Homeland Security shall implement the plan
developed under this section.

SEC. --121. RAILROAD HIGH HAZARD MATERIAL TRACKING.

(a) Wireless Communications.--
(1) In general.--In conjunction with any rail security
research and development program administered by the
Department of Homeland Security and consistent with the
results of research relating to wireless tracking
technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
develop a program that will encourage the equipping of rail
cars transporting high hazard materials (as defined in
section --104) in quantities equal to or greater than the
quantities specified in subpart 171.800 of title 49, Code of
Federal Regulations, with wireless terrestrial or satellite
communications technology that provides--
(A) car position location and tracking capabilities;
(B) notification of rail car depressurization, breach, or
unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for rail car tracking at the Department of Transportation;
and
(B) ensure that the program is consistent with
recommendations and findings of the Department of Homeland
Security's hazardous material tank rail car tracking pilot
programs.
(b) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section
$3,000,000 for each of fiscal years 2007, 2008, and 2009.
______

SA 4927. Mr. STEVENS (for Mr. DeMint (for himself, Mr. Stevens, and
Mr. Inouye)) proposed an amendment to amendment SA 4921 proposed by Mr.
DeMint to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; as follows:

TITLE      --NATIONAL ALERT SYSTEM

SEC. --100. TABLE OF CONTENTS.

The table of contents for this title is as follows:

Title      --National Alert System

Sec. --100. Table of contents.
Sec. --101. Short title.
Sec. --102. National Alert System.
Sec. --103. Implementation and use.
Sec. --104. Coordination with existing public alert systems and
authority.
Sec. --105. National Alert Office.
Sec. --106. National Alert System Working Group.
Sec. --107. Research and development.
Sec. --108. Grant program for remote community alert systems.
Sec. --109. Public familiarization, outreach, and response
instructions.
Sec. --110. Essential services disaster assistance.
Sec. --111. Definitions.
Sec. --112. Savings clause.
Sec. --113. Funding.

SEC. --101. SHORT TITLE.

This title may be cited as the ``Warning, Alert, and
Response Network Act''.

[[Page S9315]]

SEC. --102. NATIONAL ALERT SYSTEM.

(a) Establishment.--There is established a National Alert
System to provide a public communications system capable of
alerting the public on a national, regional, or local basis
to emergency situations requiring a public response.
(b) Functions.--The National Alert System--
(1) will enable any Federal, State, tribal, or local
government official with credentials issued by the National
Alert Office under section --103 to alert the public to any
imminent threat that presents a significant risk of injury or
death to the public;
(2) will be coordinated with and supplement existing
Federal, State, tribal, and local emergency warning and alert
systems;
(3) will be flexible enough in its application to permit
narrowly targeted alerts in circumstances in which only a
small geographic area is exposed or potentially exposed to
the threat; and
(4) will transmit alerts across the greatest possible
variety of communications technologies, including digital and
analog broadcasts, cable and satellite television, satellite
and terrestrial radio, wireless communications, wireline
communications, and the Internet to reach the largest portion
of the affected population.
(c) Capabilities.--The National Alert System--
(1) shall incorporate multiple communications technologies
and be designed to adapt to, and incorporate, future
technologies for communicating directly with the public;
(2) shall include mechanisms and technologies to ensure
that members of the public with disabilities and older
individuals (as defined in section 102(35) of the Older
Americans Act of 1965 (42 U.S.C. 3002(35))) are able to
receive alerts and information provided through the National
Alert System;
(3) shall not interfere with existing alert, warning,
priority access, or emergency communications systems employed
by Federal, State, tribal, or local emergency response
personnel and may utilize existing emergency alert
technologies, including the NOAA All-Hazards Radio System,
digital and analog broadcast, cable, and satellite television
and satellite and terrestrial radio;
(4) shall not be based upon any single technology or
platform, but shall be designed to provide alerts to the
largest portion of the affected population feasible and
improve the ability of remote areas to receive alerts;
(5) shall incorporate technologies to alert effectively
underserved communities (as determined by the Commission
under section --108(a) of this title);
(6) when technologically feasible shall be capable of
providing information in languages other than, and in
addition to, English where necessary or appropriate; and
(7) shall be designed to promote local and regional public
and private partnerships to enhance community preparedness
and response.
(d) Reception of Alerts.--The National Alert System shall--
(1) utilize multiple technologies for providing alerts to
the public, including technologies that do not require
members of the public to activate a particular device or use
a particular technology to receive an alert provided via the
National Alert System; and
(2) provide redundant alert mechanisms where practicable so
as to reach the greatest number of people regardless of
whether they have access to, or utilize, any specific medium
of communication or any particular device.
(e) Emergency Alert System.--Within 1 year after the date
of enactment of this Act, the Federal Communications
Commission shall--
(1) ensure the President, Secretary of Homeland Security,
and State Governors have access to the emergency alert
system; and
(2) ensure that the Emergency Alert System can transmit in
languages other than English.

SEC. --103. IMPLEMENTATION AND USE.

(a) Authority To Access System.--
(1) In general.--Within 180 days after the date of
enactment of this Act, the National Alert Office shall
establish a process for issuing credentials to Federal,
State, tribal, or local government officials with
responsibility for issuing safety warnings to the public that
will enable them to access the National Alert System and
preserves access to existing alert, warning, and emergency
communications systems pursuant to section --102(c)(3). The
Office shall approve or disapprove a request for credentials
within 60 days of request by the Federal department or
agency, the governor of the State or the elected leader of a
federally recognized Indian tribe.
(2) Requests for credentials.--Requests for credentials
from Federal, State, tribal, and local government agencies
shall be submitted to the Office by the head of the Federal
department or agency, or the governor of the State or the
elected leader of a Federally recognized Indian tribe,
concerned, for review and approval.
(3) Scope and Limitations of Credentials.--The Office
shall--
(A) establish eligibility criteria for issuing, renewing,
and revoking access credentials;
(B) limit credentials to appropriate geographic areas or
political jurisdictions; and
(C) ensure that the credentials permit use of the National
Alert System only for alerts that are consistent with the
jurisdiction, authority, and basis for eligibility of the
individual to whom the credentials are issued to use the
National Alert System.
(4) Periodic training.--The Office shall--
(A) establish a periodic training program for Federal,
State, tribal, or local government officials with credentials
to use the National Alert System; and
(B) require such officials to undergo periodic training
under the program as a prerequisite for retaining their
credentials to use the system.
(b) Allowable Alerts.--
(1) In general.--Any alert transmitted via the National
Alert System, other than an alert described in paragraph (3),
shall meet 1 or more of the following requirements:
(A) An alert shall notify the public of a hazardous
situation that poses an imminent threat to the public health
or safety.
(B) An alert shall provide appropriate instructions for
actions to be taken by individuals affected or potentially
affected by such a situation.
(C) An alert shall advise individuals of public addresses
by Federal, State, tribal, or local officials when related to
a significant threat to public safety and transmit such
addresses when practicable and technically feasible.
(D) An alert shall notify the public of when the hazardous
situation has ended or has been brought under control.
(2) Event eligibility regulations.--The director of the
National Alert Office, in consultation with the Working
Group, shall by regulation specify--
(A) the classes of events or situations for which the
National Alert System may be used to alert the public; and
(B) the content of the types of alerts that may be
transmitted by or through use of the National Alert System,
which may include--
(i) notifications to the public of a hazardous situation
that poses an imminent threat to the public health or safety
accompanied by appropriate instructions for actions to be
taken by individuals affected or potentially affected by such
a situation; and
(ii) when technologically feasible public addresses by
Federal, State, tribal, or local officials related to a
significant threat to public safety.
(3) Opt-in procedures for optional alerts.--The director of
the Office, in coordination with the Working Group, may
establish a procedure under which licensees who elect to
participate in the National Alert System as described in
subsection (d), may transmit non-emergency information via
the National Alert System to individuals who request such
information.
(c) Access Points.--The National Alert System shall
provide--
(1) secure, widely dispersed multiple access points to
Federal, State, or local government officials with
credentials that will enable them to initiate alerts for
transmission to the public via the National Alert System; and
(2) system redundancies to ensure functionality in the
event of partial system failures, power failures, or other
interruptive events.
(d) Election To Carry Service.--
(1) Amendment of license.--Within 60 days after the date on
which the National Alert Office adopts relevant technical
standards based on recommendations of the Working Group, the
Federal Communications Commission shall initiate a proceeding
and subsequently issue an order--
(A) to allow any licensee providing commercial mobile
service (as defined in section 332(d)(1) of the
Communications Act of 1934 (47 U.S.C. 332(d)(1))) to transmit
National Alert System alerts to all subscribers to, or users
of, such service; and
(B) to require any such licensee who elects under paragraph
(2) not to participate in the transmission of National Alert
System alerts, to provide clear and conspicuous notice at the
point of sale of any devices with which its service is
included, that it will not transmit National Alert System
alerts via its service.
(2) Election to carry service.--
(A) In general.--Within 30 days after the Commission issues
its order under paragraph (1), each such licensee shall file
an election with the Commission with respect to whether or
not it intends to participate in the transmission of National
Alert System alerts.
(B) Participation.--If a licensee elects to participate in
the transmission of National Alert System alerts, the
licensee shall certify to the Commission that it will
participate in a manner consistent with the standards and
protocols implemented by the National Alert Office.
(C) Advertising.--Nothing in this title shall be construed
to prevent a licensee from advertising that it participates
in the transmission of National Alert System alerts.
(D) Withdrawal from or later entry into system.--The
Commission shall establish a procedure--
(i) for a participating licensee to withdraw from the
National Alert System upon notification of its withdrawal to
its existing subscribers;
(ii) for a licensee to enter the National Alert System at a
date later than provided in subparagraph (A); and
(iii) under which a subscriber may terminate a subscription
to service provided by a licensee that withdraws from the
National Alert System without penalty or early termination
fee.
(E) Consumer choice technology.--Any licensee electing to
participate in the transmission of National Alert System
alerts may

[[Page S9316]]

offer subscribers the capability of preventing the
subscriber's device from receiving alerts broadcast by the
system other than an alert issued by the President.
(3) Expansion of class of licensees participating.--The
Commission, in consultation with the National Alert Office,
may expand the class of licensees allowed to participate in
the transmission of National Alert System alerts subject to
such requirements as the Commission, in consultation with the
National Alert Office, determines to be necessary or
appropriate--
(A) to ensure the broadest feasible propagation of alerts
transmitted by the National Alert System to the public; and
(B) to ensure that the functionality, integrity, and
security of the National Alert System is not compromised.
(e) Digital Television Transmission Towers.--
(1) Retransmission capability.--Within 30 days after the
date on which the National Alert Office adopts relevant
technical standards based on recommendations of the Working
Group, the Federal Communications Commission shall initiate a
proceeding to require public broadcast television licensees
and permittees to install necessary equipment and
technologies on, or as part of, any broadcast television
digital signal transmitter to enable the transmitter to serve
as a backbone for the reception, relay, and retransmission of
National Alert System alerts.
(2) Compensation.--The National Alert Office established by
section --105 shall compensate any such licensee or permittee
for costs incurred in complying with the requirements imposed
pursuant to paragraph (1).
(f) FCC Regulation of Compliance.--Except as provided in
subsections (d) and (e), the Federal Communications
Commission shall have no regulatory authority under this
title except to regulate compliance with this title by
licensees and permittees regulated by the Commission under
the Communications Act of 1934 (47 U.S.C. 151 et seq.).
(g) Limitation of Liability.--Any person that participates
in the transmission of National Alert System alerts and that
meets its obligations under this title shall not be liable to
any subscriber to, or user of, such person's service or
equipment for--
(1) any act or omission related to or any harm resulting
from the transmission of, or failure to transmit, a National
Alert System alert to such subscriber or user; or
(2) for the release to a government agency or entity,
public safety, fire service, law enforcement official, or
emergency facility of subscriber information used in
connection with delivering an alert.
(h) Testing.--The director shall establish testing criteria
and guidelines for licensees that elect to participate in the
transmission of National Alert System alerts.

SEC. --104. COORDINATION WITH EXISTING PUBLIC ALERT SYSTEMS
AND AUTHORITY.

(a) Existing Federal Warning System Coordination.--The
director shall work with the Federal Communications
Commission, the National Oceanic and Atmospheric
Administration, and other relevant Federal agencies to ensure
that the National Alert System--
(1) complements, rather than duplicates, existing Federal
alert systems; and
(2) obtains the maximum benefit possible from the
utilization of existing research and development,
technologies, and processes developed for or utilized by
existing Federal alert systems.
(b) Existing alert authority.--Nothing in this title shall
be construed--
(1) to interfere with the authority of a Federal, State, or
local government official under any other provision of law to
transmit public alerts via the NOAA All-Hazards Radio System,
digital and analog broadcast, cable, and satellite television
and satellite and terrestrial radio, or any other emergency
alert system in existence on the date of enactment of this
Act;
(2) to require alerts transmitted under the authority
described in paragraph (1) to comply with any standard
established pursuant to section --103; or
(3) to require any Federal, State, or local government
official to obtain credentials or undergo training under this
title before transmitting alerts under the authority
described in paragraph (1).

SEC. --105. NATIONAL ALERT OFFICE.

(a) Establishment.--
(1) In general.--The National Alert Office is established
within the Department of Homeland Security.
(2) Director.--The office shall be headed by a director
with at least 5 years' operational experience in the
management and issuance of warnings and alerts, hazardous
event management, or disaster planning. The Director shall
serve under and report to the Secretary of Homeland Security
or his designee.
(3) Staff.--The office shall have a staff with significant
technical expertise in the communications industry and
emergency public communications. The director may request the
detailing of staff from any appropriate Federal department or
agency in order to ensure that the concerns of all such
departments and agencies are incorporated into the daily
operation of the National Alert System.
(b) Functions and Responsibilities.--
(1) In general.--The Office shall administer, operate, and
manage the National Alert System established under this
title.
(2) Implementation of working group recommendations.--The
Office shall be responsible for implementing the
recommendations of the Working Group established by section
--106 regarding--
(A) the technical transmission of alerts;
(B) the incorporation of new technologies into the National
Alert System;
(C) the technical capabilities of the National Alert
System; and
(D) any other matters that fall within the duties of the
Working Group.
(3) Transmission of Alerts.--In administering the National
Alert System, the director of the National Alert Office shall
ensure that--
(A) the National Alert System is available to, and enables,
only Federal, State, tribal, or local government officials
with credentials issued by the National Alert Office under
section --103 to access and utilize the National Alert
System;
(B) the National Alert System is capable of providing
geographically targeted alerts where such alerts are
appropriate;
(C) the legitimacy and authenticity of any proffered alert
is verified before it is transmitted;
(D) each proffered alert complies with formats, protocols,
and other requirements established by the Office to ensure
the efficacy and usefulness of alerts transmitted via the
National Alert System;
(E) the security and integrity of a National Alert System
alert from the point of origination to delivery is
maintained; and
(F) the security and integrity of the National Alert System
is maintained and protected.
(c) Reports.--
(1) Annual reports.--The director shall submit an annual
report to the Senate Committee on Commerce, Science, and
Transportation, the Senate Committee on Homeland Security and
Governmental Affairs, the House of Representatives Committee
on Homeland Security, the House of Representatives Committee
on Energy and Commerce, the House of Representatives
Committee on Science, and the House of Representatives
Committee on Transportation and Infrastructure on the status
of, and plans for, the National Alert System. In the first
annual report, the director shall report on--
(A) the progress made toward operational activation of the
alerting capabilities of the National Alert System; and
(B) the anticipated date on which the National Alert System
will be available for utilization by Federal, State, and
local officials.
(2) 5-year plan.--Within 1 year after the date of enactment
of this Act and every 5 years thereafter, the director shall
publish a 5-year plan that outlines future capabilities and
communications platforms for the National Alert System. The
plan shall serve as the long-term planning document for the
Office.
(d) GAO Audits.--
(1) In general.--The Comptroller General shall audit the
National Alert Office every 3 years after the date of
enactment of this Act and periodically thereafter and
transmit the findings thereof to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee
on Homeland Security and Governmental Affairs, the House of
Representatives Committee on Homeland Security, the House of
Representatives Committee on Energy and Commerce, the House
of Representatives Committee on Science, and the House of
Representatives Committee on Transportation and
Infrastructure.
(2) Response report.--If, as a result of the audit, the
Comptroller General expresses concern about any matter
addressed by the audit, the director of the National Alert
Office shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation, the Senate Committee
on Homeland Security and Governmental Affairs, the House of
Representatives Committee on Homeland Security, the House of
Representatives Committee on Energy and Commerce, the House
of Representatives Committee on Science, and the House of
Representatives Committee on Transportation and
Infrastructure describing what action, if any, the director
is taking to respond to any such concern.

SEC. --106. NATIONAL ALERT SYSTEM WORKING GROUP.

(a) Establishment.--Not later than 60 days after the date
of enactment of this Act, the director of the National Alert
Office shall establish a working group, to be known as the
National Alert System Working Group.
(b) Membership.--
(1) Appointment; chair.--The director shall appoint the
members of the Working Group as soon as practicable after the
date of enactment of this Act and shall serve as its chair.
In appointing members of the Working Group, the director
shall ensure that the number of members appointed under
paragraph (5) provides appropriate and adequate
representation for all stakeholders and interested and
affected parties.
(2) Federal agency representatives.--Appropriate personnel
from the National Institute of Standards and Technology, the
National Oceanic and Atmospheric Administration, the Federal
Communications Commission, the Federal Emergency Management
Agency, the Nuclear Regulatory Commission, the Department of
Justice, the National Communications System, the National
Telecommunications and Information Administration, the
Department of Homeland Security's Preparedness Directorate,
the United States Postal Service, and other

[[Page S9317]]

appropriate Federal agencies shall serve as members of the
Working Group.
(3) State and local government representatives.--The
director shall appoint representatives of State and local
governments and representatives of emergency services
personnel, selected from among individuals nominated by
national organizations representing such governments and
personnel, to serve as members of the Working Group.
(4) Tribal governments.--The director shall appoint
representatives from Federally recognized Indian tribes and
National Indian organizations.
(5) Subject matter experts..--The director shall appoint
individuals who have the requisite technical knowledge and
expertise to serve on the Working Group in the fulfillment of
its duties, including representatives of--
(A) communications service providers;
(B) vendors, developers, and manufacturers of systems,
facilities; equipment, and capabilities for the provision of
communications services;
(C) third-party service bureaus;
(D) technical experts from the broadcasting industry;
(E) the national organization representing the licensees
and permittees of noncommercial broadcast television
stations;
(F) national organizations representing individuals with
special needs; and
(G) other individuals with technical expertise that would
enhance the National Alert System.
(c) Duties of the Working Group.--
(1) Development of system-critical recommendations.--Within
1 year after the date of enactment of this Act, the Working
Group shall develop and transmit to the National Alert Office
recommendations for--
(A) protocols, including formats, source or originator
identification, threat severity, hazard description, and
response requirements or recommendations, for alerts to be
transmitted via the National Alert System that ensures that
alerts are capable of being utilized across the broadest
variety of communication technologies, at National, State,
and local levels;
(B) procedures for verifying, initiating, modifying, and
canceling alerts transmitted via the National Alert System;
(C) guidelines for the technical capabilities of the
National Alert System;
(D) guidelines for technical capability that provides for
the priority transmission of National Alert System alerts;
(E) guidelines for other capabilities of the National Alert
System as specified in this title;
(F) standards for equipment and technologies used by the
National Alert System;
(G) guidelines for the transmission of National System
Alerts in languages in addition to English, to the extent
practicable; and
(H) guidelines for incorporating the National Alert System
into comprehensive emergency planning standards for public
alert and notification and emergency public communications.
(2) Integration of emergency and national alert systems.--
The Working Group shall work with the operators of nuclear
power plants and other critical infrastructure facilities to
integrate emergency alert systems for those facilities with
the National Alert System.
(d) Meetings.--
(1) Initial meeting.--The initial meeting of the Working
Group shall take place not later than 60 days after the date
of the enactment of this Act.
(2) Other meetings.--After the initial meeting, the Working
Group shall meet at the call of the chair.
(3) Notice; open meetings.--Any meetings held by the
Working Group shall be duly noticed at least 14 days in
advance and shall be open to the public.
(e) Resources.--
(1) Federal agencies.--The Working Group shall have
reasonable access to--
(A) materials, resources, data, and other information from
the National Institute of Standards and Technology, the
Department of Commerce and its agencies, the Department of
Homeland Security and its bureaus, and the Federal
Communications Commission; and
(B) the facilities of any such agency for purposes of
conducting meetings.
(2) Gifts and grants.--The Working Group may accept, use,
and dispose of gifts or grants of services or property, both
real and personal, for purposes of aiding or facilitating the
work of the Working Group. Gifts or grants not used at the
expiration of the Working Group shall be returned to the
donor or grantor.
(f) Rules.--
(1) Quorum.--One-third of the members of the Working Group
shall constitute a quorum for conducting business of the
Working Group.
(2) Subcommittees.--To assist the Working Group in carrying
out its functions, the chair may establish appropriate
subcommittees composed of members of the Working Group and
other subject matter experts as deemed necessary.
(3) Additional rules.--The Working Group may adopt other
rules as needed.
(g) Federal Advisory Committee Act.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order,
or regulation promulgated under that Act shall apply to the
Working Group.

SEC. --107. RESEARCH AND DEVELOPMENT.

(a) In General.--The Undersecretary of Homeland Security
for Science and Technology and the director jointly shall
establish an extramural research and development program
based on the recommendations of the Working Group to support
the development of technology that will enable all existing
and future providers of communications services and all
existing and future communications devices to be utilized
effectively with the National Alert System.
(b) Functions.--In carrying out subsection (a) the
Undersecretary for Science and Technology and the director
shall--
(1) fund research and development which may include
academia, the private sector, and government laboratories;
and
(2) ensure that the program addresses, at a minimum--
(A) developing innovative technologies that will transmit
geographically targeted emergency messages to the public;
(B) enhancing participation in the national alert system;
(C) understanding and improving public response to
warnings; and
(D) enhancing the ability of local communities to integrate
the National Alert System into their overall operations
management.
(c) Use of Existing Programs and Resources.--In developing
the program, the Undersecretary for Science and Technology
shall utilize existing expertise of the Department of
Commerce, including the National Institute of Standards and
Technology.

SEC. --108. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYSTEMS.

(a) Grant Program.--The Undersecretary of Commerce for
Oceans and Atmosphere shall establish a program under which
grants may be made to provide for the installation of
technologies in remote communities effectively unserved by
commercial mobile radio service (as determined by the Federal
Communications Commission within 180 days after the date of
enactment of this Act) for the purpose of enabling residents
of those communities to receive National Alert System alerts.
(b) Applications and Conditions.--In conducting the
program, the Undersecretary--
(1) shall establish a notification and application
procedure; and
(2) may establish such conditions, and require such
assurances, as may be appropriate to ensure the efficiency
and integrity of the grant program.
(c) Sunset.--The Undersecretary may not make grants under
subsection (a) more than 5 years after the date of enactment
of this Act.

SEC. --109. PUBLIC FAMILIARIZATION, OUTREACH, AND RESPONSE
INSTRUCTIONS.

The director of the National Office, in consultation with
the Working Group, shall conduct a program of public outreach
to ensure that the public is aware of the National Alert
System and understands its capabilities and uses for
emergency preparedness and response. The program shall
incorporate multiple communications technologies and methods,
including inserts in packaging for wireless devices, Internet
websites, and the use of broadcast radio and television Non-
Commercial Sustaining Announcement Programs.

SEC. --110. ESSENTIAL SERVICES DISASTER ASSISTANCE.

Title IV of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170 et seq.) is amended
by adding at the end the following:

``SEC. 425. ESSENTIAL SERVICE PROVIDERS.

``(a) Definition.--In this section, the term `essential
service provider' means an entity that--
``(1) provides--
``(A) telecommunications service;
``(B) electrical power;
``(C) natural gas;
``(D) water and sewer services; or
``(E) any other essential service, as determined by the
President;
``(2) is--
``(A) a municipal entity;
``(B) a nonprofit entity; or
``(C) a private, for-profit entity; and
``(3) is contributing to efforts to respond to an emergency
or major disaster.
``(b) Authorization.--In an emergency or major disaster,
the President may use Federal equipment, supplies,
facilities, personnel, and other non-monetary resources to
assist an essential service provider, in exchange for
reasonable compensation.
``(c) Compensation.--
``(1) In general.--The President shall, by regulation,
establish a mechanism to set reasonable compensation to the
Federal Government for the provision of assistance under
subsection (b).
``(2) Criteria.--The mechanism established under paragraph
(1)--
``(A) shall reflect the cost to the government (or if this
is not readily obtainable, the full market value under the
applicable circumstances) for assistance provided under
subsection (b) in setting compensation;
``(B) shall have, to the maximum degree feasible,
streamlined procedures for determining compensation; and
``(C) may, at the President's discretion, be based on a
good faith estimate of cost to the government rather than an
actual accounting of costs.
``(3) Periodic review.--The President shall periodically
review, and if necessary revise,

[[Page S9318]]

the regulations established pursuant to paragraphs (1) and
(2) to ensure that these regulations result in full
compensation to the government for transferred resources.
Such reviews shall occur no less frequently than once every 2
years, and the results of such reviews shall be reported to
the House Transportation and Infrastructure Committee and the
Senate Homeland Security and Governmental Affairs
Committee.''.

SEC. --111. DEFINITIONS.

In this title:
(1) Director.--The term ``director'' means the director of
the National Alert Office.
(2) Office.--The term ``Office'' means the National Alert
Office established by section --105.
(3) National Alert System.--The term ``National Alert
System'' means the National Alert System established by
section --102.
(4) NOAA.--The term ``NOAA'' means the National Oceanic and
Atmospheric Administration.
(5) Non-commercial sustaining announcement program.--The
term ``Non-Commercial Sustaining Announcement Program'' means
a radio and television campaign conducted for the benefit of
a nonprofit organization or government agency using unsold
commercial air time donated by participating broadcast
stations for use in such campaigns, and for which the
campaign's sponsoring organization or agency funds the cost
of underwriting programs that serve the public convenience,
interest, and necessity, as described in section 307 of the
Communications Act of 1934 (47 U.S.C. 307).
(6) Working group.--The term ``Working Group'' means the
National Alert System Working Group on the established under
section --106.

SEC. --112. SAVINGS CLAUSE.

Nothing in this title shall interfere with or supersede the
authorities, missions, programs, operations, or activities of
the Federal Communications Commission or the Department of
Commerce, including those of the National Oceanic and
Atmospheric Administration, the National Institute of
Standards and Technology, and the National Telecommunications
and Information Administration.

SEC. --113. FUNDING.

Funding for this title shall be provided from the Digital
Transition and Public Safety Fund in accordance with section
3010 of the Digital Television Transition and Public Safety
Act of 2005 (47 U.S.C. 309 note).
______

SA 4928. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PILOT PROGRAM TO EXTEND CERTAIN COMMERCIAL
OPERATIONS.

(a) In General.--During fiscal year 2007, the Commissioner
shall extend the hours of commercial operations at the port
of entry located at Santa Teresa, New Mexico, to a minimum of
16 hours a day.
(b) Report.--The Commissioner shall submit a report to the
appropriate congressional committees not later than September
30, 2007, with respect to the extension of hours of
commercial operations described in subsection (a). The report
shall include
(1) an analysis of the impact of the extended hours of
operation on the port facility, staff, and trade volume
handled at the port; and
(2) recommendations regarding whether to extend such hours
of operation beyond fiscal year 2007.

____________________