[DOCID: f:hr450.109] From the House Reports Online via GPO Access [wais.access.gpo.gov] 109th Congress Report HOUSE OF REPRESENTATIVES 2d Session 109-450 ====================================================================== PROVIDING FOR CONSIDERATION OF H.R. 4954, SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT _______ May 2, 2006.--Referred to the House Calendar and ordered to be printed _______ Mr. Sessions, from the Committee on Rules, submitted the following R E P O R T [To accompany H. Res. 789] The Committee on Rules, having had under consideration House Resolution 789, by a record vote of 7 to 3, report the same to the House with the recommendation that the resolution be adopted. SUMMARY OF PROVISIONS OF THE RESOLUTION The resolution provides for consideration of H.R. 4954, the Security and Accountability For Every Port Act, under a structured rule. The rule provides one hour of general debate with 40 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Homeland Security and 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Transportation and Infrastructure. The rule waives all points of order against consideration of the bill. The rule provides that the amendment in the nature of a substitute recommended by the Committee on Homeland Security now printed in the bill shall be considered as an original bill for the purpose of amendment and shall be considered as read. The rule waives all points of order against the amendment in the nature of a substitute recommended by the Committee on Homeland Security. The rule makes in order only those amendments printed in this report. The rule provides that the amendments printed in this report may be offered only in the order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. The rule waives all points of order against the amendments printed in this report. Finally, the rule provides one motion to recommit with or without instructions. The Committee is not aware of any points of order against consideration of the bill or against amendments made in order under the rule. The waivers of all points of order against consideration of the bill and against the amendments made in order under the rule are prophylactic in nature. COMMITTEE VOTES Pursuant to clause 3(b) of House rule XIII the results of each record vote on an amendment or motion to report, together with the names of those voting for and against, are printed below: Rules Committee record vote No. 189 Date: May 2, 2006. Measure: H.R. 4954, the Security and Accountability For Every Port Act. Motion by: Mrs. Slaughter. Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Rep. Nadler which requires that every shipping container be scanned and sealed before being loaded onto a ship destined for the United States. Large ports would be given three years to comply and smaller ports five years. DHS could grant a one year extension to a port if the scanning equipment is unavailable for purchase and installation. Results: Defeated 3 to 6. Vote by Members: Hastings (WA)--Nay; Sessions--Nay; Putnam--Nay; Cole--Nay; Gingrey--Nay; Slaughter--Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay. Rules Committee record vote No. 190 Date: May 2, 2006. Measure: H.R. 4954, the Security and Accountability For Every Port Act. Motion by: Mr. McGovern. Summary of motion: To make in order and provide the appropriate waivers for the amendment offered by Rep. Thompson which authorizes $67 million per year to increase the number of Customs and Border Protection Officers at seaports by 1600 over four years. Results: Defeated 3 to 7. Vote by Members: Hastings (WA)--Nay; Sessions--Nay; Putnam--Nay; Capito--Nay; Cole--Nay; Gingrey--Nay; Slaughter-- Yea; McGovern--Yea; Hastings (FL)--Yea; Dreier--Nay. Rules Committee record vote No. 191 Date: May 2, 2006. Measure: H.R. 4954, the Security and Accountability For Every Port Act. Motion by: Mr. Hastings of Washington. Summary of motion: To report the rule. Results: Agreed to 7 to 3. Vote by Members: Hastings (WA)--Yea; Sessions--Yea; Putnam--Yea; Capito--Yea; Cole--Yea; Gingrey--Yea; Slaughter-- Nay; McGovern--Nay; Hastings (FL)--Nay; Dreier--Yea. SUMMARY OF AMENDMENTS MADE IN ORDER (Summaries derived from information provided by sponsors.) 1. King (NY): Manager's Amendment. Makes technical changes, adds several new findings on the importance of maintaining vibrant international trade, clarifies that port security grant funds can be used to address vulnerabilities in vessel and facility plans in addition to maritime security plans, and clarifies that the Domestic Nuclear Detection Office is responsible for implementing Department of Homeland Security requirements under the Global Nuclear Architecture and that any private testing performed by DNDO will be confidential. Additionally, the amendment removes two provisions accepted during full committee consideration: (1) establishing a pilot program for training Coast Guard reserve officers; and (2) funding for the acceleration of Deepwater. Finally, the manager's amendment establishes a Director of Trade policy in the DHS Office of Policy. (10 minutes) 2. Ruppersberger (MD): Requires the Secretary of the Department of Homeland Security to submit to the appropriate congressional committees an assessment study of the National Targeting Center and recommendations to strengthen the center, six months after implementation of the Act. (10 minutes) 3. Ruppersberger (MD): Requires the Secretary of the Department of Homeland Security to consult with the appropriate Federal, State and local entities when determining the establishment of maritime security centers. Currently the decision on where to locate the command centers resides solely with the Secretary of the Department of Homeland Security. (10 minutes) 4. Ruppersberger (MD): Advises that the Secretary of the Department of Homeland Security should, in consultation with appropriate federal, state and local officials including the Captain of the Port from the United States Coast Guard and representatives from the maritime industry to determine protocols. Currently stated the protocols are determined solely by the Secretary of the Department of Homeland Security. (10 minutes) 5. Cuellar (TX): Directs the Secretary of Homeland Security to study the specific challenges faced by land ports when calling for greater security. (10 minutes) 6. Ryun (KS): Directs the Secretary of Homeland Security to analyze portable nuclear devices under the evaluation of emerging technologies. (10 minutes) 7. Hooley (OR): Amends the definition of a cargo container security device in Sec. 1816 from: ``a mechanical or electronic device designed to, at a minimum, detect unauthorized intrusion of containers'', to ``a mechanical or electronic device designed to, at a minimum, positively identify containers and detect and record unauthorized intrusion of containers. Such devices shall have false alarm rates that have been demonstrated to be below one percent.'' (10 minutes) 8. Stupak (MI): Ensures that communications equipment purchased, and mechanisms for sharing terrorism threat information established, under the new Port Security Grant program are interoperable with Federal, State, and local agencies. (10 minutes) 9. Shays (CT): Requires the Department of Homeland Security (DHS) to conduct a pilot project at an overseas port similar to the Integrated Container Inspection System (ICIS) in Hong Kong. (10 minutes) 10. Bass (NH): Allows states and local agencies to petition to the Secretary of the Department of Homeland Security for approval to apply for grants under this section for any activity relating to prevention of, preparation for, response to, or recovery from acts of terrorism, that would otherwise be a Federal duty performed by Federal agencies and under agreement with a State or local government and a Federal agency. (10 minutes) 11. Millender-McDonald (CA): Makes eligible the construction or enhancement of truck inspection stations in seaport communities and trade corridors by authorizing up to $20 million annually in the Port Security Grant Program. Establishes or enhances truck inspection stations for seaports, communities and trade corridors where there is a high volume of truck container traffic. These truck inspection stations will be a consolidation and coordination of seaport, community and trade corridor security needs, by providing a security check point, safety inspections and emissions control check points. (10 minutes) 12. Jackson-Lee (TX): Provides for the community to be included in disaster awareness and preparation in the form of a ``Neighborhood Watch.'' (10 minutes) 13. Weiner (NY): Requires each port security grant recipient to report each expenditure to the Secretary of Homeland Security, who will then publish each expenditure on a publicly available website. The revision creates an exception for national security. (10 minutes) 14. Flake (AZ): Strikes the $400 million authorization for a new Port Security Program which would block the creation of an additional federal Homeland Security grant program. (10 minutes) 15. Sanchez (CA): Prohibits the current Customs and Border Protection (CBP) practice of granting automated targeting risk score reductions to Customs Trade Partnership Against Terrorism (C-TPAT) members that have not received CBP validation of the implementation and effectiveness of their security measures. (10 minutes) TEXT OF AMENDMENTS MADE IN ORDER 1. An Amendment To Be Offered by Representative King of New York, or His Designee, Debatable for 10 Minutes Page 6, after line 23, insert the following new paragraphs: (12) International trade is vital to the Nation's economy and the well-being and livelihood of United States citizens. (13) The Department of Homeland Security's missions, including those related to United States and international borders, involve both building security for United States citizens and facilitating legitimate trade that is critical to the Nation. (14) In creating the Department of Homeland Security, Congress clearly mandated in section 412(b) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) that the customs revenue functions described in paragraph (2) of such section shall not be diminished. Page 9, strike line 11 and all that follows through line 5 on page 10 and insert the following new subsections: (a) Facility Security Plans.--Section 70103(c)(3) of title 46, United States Code, is amended-- (1) in subparagraph (F), by striking ``and'' at the end; (2) in subparagraph (G), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(H) in the case of a security plan for a facility, be resubmitted for approval of each change in the ownership or operator of the facility that may substantially affect the security of the facility.''. (b) Facility Security Officers.--Section 70103(c) of title 46, United States Code, is amended by adding at the end the following: ``(8)(A) The Secretary shall require that the qualified individual having full authority to implement security actions for a facility described in paragraph (2) shall be a citizen of the United States. ``(B) The Secretary may waive the requirement of subparagraph (A) with respect to an individual if the Secretary determines that it is appropriate to do so based on a complete background check of the individual and a review of all terrorist watchlists to ensure that the individual is not identified on any such terrorist watchlist.''. Page 16, after line 19, insert the following new section (and redesignate subsequent sections of subtitle A of title I of the bill, and conform the table of contents of the bill, accordingly): SEC. 107. ENHANCED CREWMEMBER IDENTIFICATION. Section 70111 of title 46, United States Code, is amended-- (1) in subsection (a) by striking ``The'' and inserting ``Not later than May 15, 2007, the''; and (2) in subsection (b) by striking ``The'' and inserting ``Not later than May 15, 2007, the''. Page 18, strike line 13 and all that follows through line 21 and insert the following new subsection: ``(c) Participation.-- ``(1) Federal participation.--The following entities shall participate in the integrated network of maritime security command centers described in subsection (a): ``(A) The Coast Guard. ``(B) U.S. Customs and Border Protection. ``(C) U.S. Immigration and Customs Enforcement. ``(D) Other appropriate Federal agencies. ``(2) State and local participation.--Appropriate State and local law enforcement agencies may participate in the integrated network of maritime security command centers described in subsection (a).''. Page 24, line 8, insert at the end before the semicolon the following: ``or the vessel or facility security plans required under section 70103(c) of title 46, United States Code''. Page 39, strike line 1 and all that follows through line 14 on page 41. Page 42, strike line 9 and all that follows through line 18. Page 44, after line 9, insert the following new section: SEC. 127. CENTER OF EXCELLENCE FOR MARITIME DOMAIN AWARENESS. (a) Establishment.--The Secretary of the Homeland Security shall establish a university-based Center for Excellence for Maritime Domain Awareness following the merit-review processes and procedures that have been established by the Secretary for selecting university program centers of excellence. (b) Duties.--The Center shall-- (1) prioritize its activities based on the ``National Plan to Improve Maritime Domain Awareness'' published by the Department of Homeland Security in October 2005; (2) recognize the extensive previous and ongoing work and existing competence in the field of maritime domain awareness at numerous academic and research institutions, such as the Naval Postgraduate School; (3) leverage existing knowledge and continue development of a broad base of expertise within academia and industry in maritime domain awareness; and (4) provide educational, technical, and analytical assistance to Federal agencies with responsibilities for maritime domain awareness, including the Coast Guard, to focus on the need for interoperability, information sharing, and common information technology standards and architecture. Page 51, beginning on line 4, strike ``appropriate confidentiality requirements'' and insert ``provide safeguards that ensure confidentiality''. Page 51, line 6, insert ``identify'' before ``appropriate timing''. Page 52, line 23, strike ``to'' and insert ``and''. Page 62, line 2, after ``carriers,'' insert ``contract logistics providers,''. Page 65, beginning on line 5, strike ``and related policies and'' and insert ``, policies, or''. Page 84, beginning on line 3, strike ``UNIFORM DATA SYSTEM FOR IMPORT AND EXPORT INFORMATION'' and insert ``INTERNATIONAL TRADE DATA SYSTEM''. Page 84, line 6, after ``implement'' insert ``the International Trade Data System,''. Page 84, line 8, insert a comma after ``export information''. Page 90, after line 6, insert the following new subparagraph: ``(H) To provide for the coordination and maintenance of the trade and customs revenue functions of the Department.''. Page 93, after line 17, insert the following new paragraph: ``(5) Trade and customs revenue functions.--The Under Secretary for Policy shall-- ``(A) ensure that the trade and customs revenue functions of the Department are coordinated within the Department and with other Federal departments and agencies, and that the impact on legitimate trade is taken into account in any action impacting these functions; and ``(B) monitor and report to Congress on the Department's mandate to ensure that the trade and customs revenue functions of the Department are not diminished, including how spending, operations, and personnel related to these functions have kept pace with the level of trade entering the United States.''. Page 95, line 25, strike ``section'' and insert ``subsection''. Page 96, after line 15, insert the following new subsection: ``(c) Director of Trade Policy.-- ``(1) In general.--There shall be in the Directorate for Policy, Planning, and International Affairs a Director of Trade Policy (hereinafter in this subsection referred to as the `Director'), who shall be subject to the direction and control of the Under Secretary for Policy. ``(2) Responsibilities.--The Director shall-- ``(A) advise the Assistant Secretary for Policy regarding all aspects of Department programs relating to the trade and customs revenue functions of the Department; ``(B) develop Department-wide policies regarding trade and customs revenue functions and trade facilitation; and ``(C) coordinate the trade and customs revenue-related programs of the Department with other Federal departments and agencies. ''. Page 96, after line 15, insert the following new section: ``SEC. 604. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS. ``(a) In General.--The Secretary and the Under Secretary for Policy shall consult with representatives of the business community involved in international trade, including seeking the advice and recommendations of the Commercial Operations Advisory Committee (COAC), on Department policies and actions that have a significant impact on international trade and customs revenue functions. ``(b) COAC Consultation and Notification.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall seek the advice and recommendations of COAC on any proposed Department policies, initiatives, actions, or organizational reforms that will have a major impact on trade and customs revenue functions not later than 45 days prior to the finalization of the policies, initiatives, actions, or organizational reforms. ``(2) Exception.--If the Secretary determines that it is important to the national security interest of the United States to finalize any proposed Department policies, initiatives, actions, or organizational reforms prior to the provision of advice and recommendations described in paragraph (1), the Secretary shall-- ``(A) seek the advice and recommendations of COAC on the policies, initiatives, actions, or organizational reforms not later than 30 days after the date on which the policies, initiatives, actions, or organizational reforms are finalized; and ``(B) to the extent appropriate, modify the policies, initiatives, actions, or organizational reforms based upon the advice and recommendations of COAC. ``(c) Congressional Consultation and Notification.-- ``(1) In general.--Subject to paragraph (2), the Secretary shall consult with and provide any recommendations of COAC received under subsection (b) to the appropriate congressional committees not later than 30 days prior to the finalization of any Department policies, initiatives, actions or organizational reforms that will have a major impact on trade and customs revenue functions. ``(2) Exception.--If the Secretary determines that it is important to the national security interest of the United States to finalize any Department policies, initiatives, actions, or organizational reforms prior to the consultation described in paragraph (1), the Secretary shall-- ``(A) consult with and provide any recommendations of COAC received under subsection (b) to the appropriate congressional committees not later than 45 days after the date on which the policies, initiative, actions, or organizational reforms are finalized; and ``(B) to the extent appropriate, modify the policies, initiatives, actions, or organizational reforms based upon the consultations with the appropriate congressional committees.''. Page 97, after line 2, insert the following new section: SEC. 302. STUDY AND REPORT ON CUSTOMS REVENUE FUNCTIONS. (a) Study.-- (1) In general.--The Comptroller General shall conduct a study evaluating the extent to which the Department of Homeland Security is meeting its obligations under section 412(b) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)) with respect to the maintenance of customs revenue functions. (2) Analysis.--The study shall include an analysis of -- (A) the extent to which the customs revenue functions carried out by the former U.S. Customs Service have been consolidated with other functions of the Department (including the assignment of non-customs revenue functions to personnel responsible for customs revenue collection), discontinued, or diminished following the transfer of the U.S. Customs Service to the Department; (B) the extent to which staffing levels or resources attributable to customs revenue functions have decreased since the transfer of the U.S. Customs Service to the Department; and (C) the extent to which the management structure created by the Department ensures effective trade facilitation and customs revenue collection. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the results of study conducted under subsection (a). (c) Definition.--In this section, the term ``customs revenue functions'' means the functions described in section 412(b)(2) of the Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)). Page 99, line 11, after ``implement'' insert ``Department components of''. Page 99, line 21, strike ``outside the United States''. Page 101, beginning on line 12, strike ``commercial''. Page 101, line 13, strike ``devices'' and insert ``technologies''. Page 101, line 13, add at the end the following new sentence: ``The results of the tests performed with services made available under this subsection shall be confidential and may not be disclosed to individuals or entities outside of the Federal government without the consent of the developer for whom the tests are performed.''. ---------- 2. An Amendment To Be Offered by Representative Ruppersberger of Maryland, or His Designee, Debatable for 10 Minutes Page 87, after line 12, insert the following new section: SEC. 207. REPORT ON NATIONAL TARGETING CENTER. (a) Study.--The Secretary of Homeland Security shall conduct a study to assess the activities of U.S. Customs and Border Protection's National Targeting Center (NTC). (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report that contains-- (1) the results of the study conducted under subsection (a); and (2) recommendations to improve and strengthen the activities of NTC. ---------- 3. An Amendment To Be Offered by Representative Ruppersberger of Maryland, or His Designee, Debatable for 10 Minutes Page 17, line 12, after ``The Secretary'' insert ``, in consultation with appropriate Federal, State, and local officials,''. ---------- 4. An Amendment To Be Offered by Representative Ruppersberger of Maryland, or His Designee, Debatable for 10 Minutes Page 8, line 12, insert after ``as quickly as possible.'' the following new sentence: ``The protocols shall be developed by the Secretary, in consultation with appropriate Federal, State, and local officials, including the Coast Guard Captain of the Port involved in the transportation security incident, and representatives of the maritime industry.''. ---------- 5. An Amendment To Be Offered by Representative Cuellar of Texas, or His Designee, Debatable for 10 Minutes Page 44, after line 9, insert the following new section: SEC. 127. REPORT ON SECURITY AND TRADE AT UNITED STATES LAND PORTS. (a) Study.--The Secretary of Homeland Security shall conduct a study on the challenges to balance the need for greater security while maintaining the efficient flow of trade at United States land ports. (b) Report.--Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the results of the study required by subsection (a). ---------- 6. An Amendment To Be Offered by Representative Ryun of Kansas, or His Designee, Debatable for 10 Minutes Page 82, line 12, add at the end the following new sentence: ``In carrying out this section, the Secretary's evaluation shall include an analysis of battery powered portable neutron and gamma-ray detection devices that can be inexpensively mass produced.''. ---------- 7. An Amendment To Be Offered by Representative Hooley of Oregon, or Her Designee, Debatable for 10 Minutes Page 66, beginning on line 5, strike ``detect unauthorized intrusion of containers.'' and insert ``positively identify containers and detect and record unauthorized intrusion of containers. Such devices shall have false alarm rates that have been demonstrated to be below one percent.''. ---------- 8. An Amendment To Be Offered by Representative Stupak of Michigan, or His Designee, Debatable for 10 Minutes Page 25, beginning on line 10, after ``including'' insert the following: ``communications equipment that is interoperable with Federal, State, and local agencies and''. Page 25, line 17, insert at the end before the semicolon the following: ``and to ensure that the mechanisms are interoperable with Federal, State, and local agencies''. ---------- 9. An Amendment To Be Offered by Representative Shays of Connecticut, or His Designee, Debatable for 10 Minutes Page 87, after line 12, insert the following new section: SEC. 207. INTEGRATED CONTAINER INSPECTION SYSTEM PILOT PROJECT. Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a pilot project at an overseas port similar to the Integrated Container Inspection System being tested at the port in Hong Kong. ---------- 10. An Amendment To Be Offered by Representative Bass of New Hampshire, or His Designee, Debatable for 10 Minutes Page 26, after line 9, insert the following new subsection: ``(e) Reimbursement of Costs.--An applicant for a grant under this section may petition the Secretary for the reimbursement of the cost of any activity relating to prevention (including detection) of, preparedness for, response to, or recovery from acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by a State or local government (or both) under agreement with a Federal agency. ''. ---------- 11. An Amendment To Be Offered by Representative Millender-McDonald of California, or Her Designee, Debatable for 10 Minutes Page 26, line 3, strike ``and''. Page 26, line 9, strike the period and insert ``; and''. Page 26, after line 9, insert the following new paragraph: ``(13) to establish or enhance truck inspection stations for seaports and communities with a high percentage of container traffic in coordination with ports, States, and local governments to enable seaport and highway security around seaports.''. Page 29, line 6, add at the end the following new sentence: ``Of the amount appropriated pursuant to the authorization of appropriations under this paragraph for a fiscal year, up to $20,000,000 is authorized to be made available to provide grants for activities described in subsection (d)(13).''. ---------- 12. An Amendment To Be Offered by Representative Jackson-Lee of Texas, or Her Designee, Debatable for 10 Minutes Page 32, line 11, strike ``and''. Page 32, line 13, strike the period and insert ``; and''. Page 32, after line 13, insert the following new paragraph: ``(8) educates, trains, and involves populations of at-risk neighborhoods around ports, including training on an annual basis for neighborhoods to learn what to be watchful for in order to be a `citizen corps', if necessary.''. ---------- 13. An Amendment To Be Offered by Representative Weiner of New York, or His Designee, Debatable for 10 Minutes Page 29, after line 2, insert the following new subsection: ``(k) Quarterly Reports Required as a Condition of Homeland Security Grants.-- ``(1) Expenditure reports required.--As a condition of receiving a grant under this section, the Secretary shall require the grant recipient to submit quarterly reports to the Secretary that describe each expenditure made by the recipient using grant funds. ``(2) Deadline for reports.--Each report required under paragraph (1) shall be submitted not later than 30 days after the last day of a fiscal quarter and shall describe expenditures made during that fiscal quarter. ``(3) Publication of expenditures.-- ``(A) In general.--Not later than one week after receiving a report under this subsection, the Secretary shall publish and make publicly available on the Internet website of the Department a description of each expenditure described in the report. ``(B) Waiver.--The Secretary may waive the requirement of subparagraph (A) if the Secretary determines that it is in the national security interests of the United States to do so.''. ---------- 14. An Amendment To Be Offered by Representative Flake of Arizona, or His Designee, Debatable for 10 Minutes Page 21, line 5, insert ``REPEAL OF'' before ``PORT SECURITY GRANT PROGRAM''. Page 21, strike line 6 and all that follows through line 14 on page 29. Page 29, strike line 15. Page 29, line 16, redesignate paragraph (1) as subsection (a). Page 29, line 18, redesignate paragraph (2) as subsection (b). Page 37, strike line 23 and all that follows through line 2 on page 38. ---------- 15. An Amendment To Be Offered by Representative Loretta Sanchez of California, or Her Designee, Debatable for 10 Minutes Page 63, line 8, insert at the end the following new sentence: ``Such benefits may not include reduced scores in the Automated Targeting System.''. <all>