The Casbah

What the....?!?

2009-05-20T13:43:00.000-07:00

Yesterday was my weekly meeting with my trainer.

The meeting usually consists of me taking my shoes and socks off, weighing in, discussing any issues from the past week and then confirming the next meeting.

This week, I was scheduled for my Resting Metabolic Rate test.

10 minutes of breathing into a tube that's fed into a machine.

Did I mention you have a nose plug that causes your ears to plug up everytime you swallow?

This test measures how many calories your body burns by just sitting still.

Who knew?

According to the test, my body burns around 2100 kcals a day.

This number then tells you how many kcals you need to keep your weight where they are, or how many you need to consume to lose...you get the picture.

That gives me a target of around 1700 kcals a day to continue to lose weight.

Now coming off of 950 kcals a day....now I can double it?

We'll see.

I can't see eating anywhere near double of where I have been while on lypolisis but it is necessary in order to go back into lypolisis after these two weeks.

My official weight was down 5 lbs from last week and down almost 3 inches on the waist, which I can really tell.

I leave for ABQ in 48 hours and the much anticipated fleecing of New Mexicans at the 4-8 table.

I even checked the menu online for Gardunos for some healthier choices!

The Good. The Bad. The Ugly

2009-05-19T06:49:00.001-07:00

The Good

People are noticing.

I have had at least two colleagues ask me, "What are you doing? You are getting skinny!"

Well, not yet...but it has been great motivation to keep this up.

I even had a student the other day say, "You look different. I don't know what it is, but you look different". I told them I shaved....

The Bad

Not a huge bad, but my weight loss has been steady at -11 to -12 for a couple of days.

My ketosis also shifted from medim to trace.

May have something to do with the Ugly....

The Ugly

My cousin is the manager of a great Mexican Restaurant here in town. He is on vacation and asked me to join him at his place to watch our beloved Rangers play on Saturday.

The combo of a Rangers winning streak, Mexican food and free flowing chips set me back.

I feel that I made some good choices compared to the old me, but they were still choices that set me back.

I feel bad about it but after that, my meals have been back on the program.

I am taking a trip to ABQ this coming weekend for some 4-8 action at Sandia with Kingfish.

Yesterday I looked up my favorite place to eat there and looked for some healthy alternatives.

Now it's just saying no to the melt in your mouth sopapillas!

The Thursday Hump

2009-05-15T06:08:00.000-07:00

It's known around here as the "Q".

The across the street Mexican dive that is our every Thursday hangout at lunch.

I knew this day would come.

Last week, a couple of us were out of pocket so we called off the Q...whew!

But it was coming, no doubt about it.

I didn't even pack a lunch for it. I had to face it head on.

Part of this whole adventure is being able to be "normal", in "normal" situations while staying with the program.

I had prepared for what I should look for. My usual lunch has been lean proteins with some low GI veggies. This is doable in a Mexican restuarant...just not very prefered!

I decided to opt for the Migas for lunch. I thought, "This is basically what I've been eating with the added tortilla...which I will dump".

What I had forgotten was that Migas are eggs cooked with the normal veggies but then add the corn chips.

When I opened it up, I suddenly remembered.

Solution?

Green chili salsa and I ate half.

I call it a success. I was stuffed with half!?

The payoff?

Today I'm down 13 lbs

Week 2 Suprises

2009-05-13T09:07:00.000-07:00

Week 2 of Lypolisis is simply maintaining what you did the 1st week...but on your own. The real world.

The world of chips, salsa, queso, pizza, cheeseits, pretzels, clemetine oranges....

You get the picture.

All of those have been distractions for me, but I have stuck with the plan.

The weight has continued to come off, but with one setback. As of yesterday morning, I still had not reached ketosis.

Ketosis is the goal. This is when your liver has purged all the water and sugar and is now using pure fat in you body to run itself.

About .25 lbs a day!

I met with the doc on Monday for a Q&A.

My 1st question was about my fainting spell from early last week that came along with that massive leg cramp. He thinks it was low blood PRESSURE. Since it hasn't happened since, there is no real concern at this time.

My 2nd question was about not being in ketosis yet. He told me there was good news and bad news. Good news is the program is working. Bad news is that my pre-program diet was soooo high in High Glycemic foods that my liver was still working it out.

I sort of found that hard to believe. I don't think my diet was any worse than those others who are in the program, at least from our conversations. I can feel my body changing. I can feel that there is something going on inside me. It's weird.

I thought, maybe there is another explanation.

Yesterday, after not passing any ketones, I decided to make my way to the local pharmacy and pick up a fresh pack of ketone stix.

BANG...POW....ZING.....

I was in middle to high ketones!

Faulty ketone stix was the blame.....

So I have reached my 1st goal of getting into ketosis. Not sure when it happened, but I am here.

That means .25 lbs of pure fat is coming off every day.

Next week will be another challenge. We come off of lypolisis and move into the recovery period.

We are able to start adding about 400 more kcals into the diet as well as about 5 servings of moderate carbs a week.

Totals to date

Weight loss: 11 lbs

Ketosis: middle to high

They Said It Would Happen....

2009-05-08T08:07:00.000-07:00

The doc said that there would be some of us on this journey that would have trouble eating the whole 950ish kcals per day.

Yeah...right.

Well, yesterday it happened to me. Lunch went only half eaten! I just wasn't hungry for all of it.

I was ready for supper, but not just starving. I guess it's happening.

Breakfast
1 hardboiled egg
1 link of Turkey Sausage
10 slices cucumber
260 kcals

Lunch
4 oz grilled chicken
1 oz Mozzarella cheese, cubed
8 oz green beans
336 kcals

Dinner
4 oz Beef Brisket
4 oz steamed Broccoli
1 oz Monterey Jack
353 kcals

total 932 kcals

total weight loss 10 lbs

The Cramps and 7...and 9!

2009-05-07T07:22:00.000-07:00

Not those cramps.

As a result of this journey, the doc said to expect frequent bathroom trips, as my liver is purging itself of excess water. Last night started that way.
But around 2:15 in the morning, I jumped out of bed with one of the worst leg cramps I've ever had. It was in my inner thigh, just above my knee. After skreeching in pain and scaring the dog, I jumped out of bed to try and work it out.

There was no relief.

This went on for about 10 minutes or so, so I decided to maybe just try to walk it out. I headed out the bedroom door to make a run through the house. As I stumbled down the hall, I suddenly felt faint. I broke out into a cold sweat. I've been here before and knew this was not good. Of course all this had caused my bladder to cry out to me again so I headed to the bathroom on the far side of the house.

Should I faint here? Should I crash on the couch? Maybe it will pass?

After my quick release, I made it back to the bedroom and collapsed in bed. The cramp was now gone but I was really concerned. I'm not sure if the faintness I felt was from the intense cramp (it still sore this morning) or some side effect of this journey I'm on.

My morning routine is checking my ketones (still negative) and then weighing.
The liver is doing its thing.
I'm down 7 lbs since friday.

Breakfast
2 hard boiled eggs
4 pieces of turkey bacon, broiled
260 kcals

Lunch
2 oz Cracked Peppermill turkey
1/2 oz of cheddar cheese
1 hard boiled egg
2 cups spinach
2 oz cherry tomatoes
2 oz artichoke hearts
1.5 oz cucumbers
2 oz bana peppers
2 oz celery
2 oz mushrooms
309 kcals

Today is also my boys 9th birthday. He's part of the reason this journey is happening.
Hope to see many more champ. I love you so much.
Trouble is his cake is gonna beeeeee soooooo tempting!

Ok...so it's like this

2009-05-06T13:51:00.000-07:00

I'm on the journey.
It's called lipolyis. You can google it.
Now, relax, it's not the crazy injection thing...not that there is anything crazy with that.

Basically, this whole thing is sort of a modified Atkins/South Beach diet.

The science behind it is this. Bare with me.

Standard blood sugar is 100. If we increase bs, we release insulin. If bs drops, we release glucagon.
Glucagon releases bs but also releases fat into the bloodstream and is absorbed in the form of water and CO2.

When we increase bs, insulin (stored sugar in liver), it converts that sugar into fat (triglycerides). It is then transported and stored in fat cells. (Think cold winters and millions of years of evolution).

When we decrease bs, glucagon (a hormone) is released and it tells the pancreas to convert stored glycogen (a starch) into glucose and release it into the bloodstream.

So, anything that gets bs up is going to be bad for me during lypolisis (the next 2 weeks but only slightly modified after that).

The key is to stop eating High Glycemic Carbs which keeps bs up. So this is not a low carb diet but a low in High Glycemic carb plan.

We received a chart that shows the Glycemic levels of common foods. Many of them are the exact same as pure table sugar, including white and whole wheat bread, pop corn, pretzels, backed potatoes, boiled rice, etc....
All of those have a GI of the same or higher than sugar!

Below that are many foods that still have too high of a GI for me to eat during this time.
I am basically restricted to foods with a GI index of 15 or less which includes:

low fat yogurt, peanuts, artichokes, ASPARAGUS, broccoli, cauliflower, celery, cucumber, eggplant, green beans, lettuce, peppers, snow peas, spinach, squash, tomatoes and zucchs, as well as lean meats like I've had so far.

So, how do I get fat to pass out of the cells? The goal is to get the oil to pass out of the membrane of the cell (adipocyte). The adipocyte listens to hormones (insulin or glucagon) to tell it to get bigger or to release.
The trick is to release glucagon into my system all day. That is what controls the hunger hormone as well (grehlin).
50 kcals per hour is enough to control grehlin.
So why do we eat? To control hunger.
Eat less, more often of low GI foods will control grehlin as well as release glucagon.

Monday's Meals

Breakfast
2 Hard boiled eggs
4 pieces of turkey bacon, broiled
260 kcals

Lunch
4 oz oven roasted turkey breast
1 oz Mozzarella cheese
2 cups mixed greens
1 tbsp real bacon bits
10 sprays salad spritzer
330 kcals

Dinner
3 oz beef brisket
1 oz Monterey Jack cheese
8 oz green beans
383 kcals

Total 973 Kcals

Tuesday's Meals

Breakfast
2 hard boiled eggs
4 oz smoked virginia ham
3 oz cucumbers
295 kcals

Lunch
4 oz grilled chicken
1 oz Provalone cheese
4 oz steamed broccoli
304 kcals

Dinner
5 oz House Smoked turkey
4 oz steamed cauliflower
2 cups mixed greens
10 sprays salad spritzer
1 tbsp real bacon bits
310 kcals

Total 909 kcals

Wednesday

Breakfast
2 hard boiled eggs
4 pieces of turkey bacon, broiled
260 kcals

Lunch & Dinner
4 oz Cracked Peppermill turkey
1 oz cheddar cheese
2 eggs, hard boiled
2 cups spinach
2 cups romaine lettuce
4 oz cherry tomatoes
4 oz artichoke hearts
3 oz cucumbers
4 oz banana peppers
4 oz celery
2 slices avocado
4 oz mushrooms
674 kcals

Total 934 kcals

Embrace What We Expect

2007-11-27T19:24:00.000-08:00

Having watched the political process for the better part of my adult life…which hasn’t been that long, “I’m not old. I’m 37”, (well I'm 36 but I love Monty Python) I have marveled at what the neo-cons have been able to pull off in the last decade.

The one thing that impresses me the most is how they have convinced people to vote against their best interest when it comes to their daily lives. From health care to the environment to the farm bill, people who should be consistently voting for the Democratic Party have instead rejected their best interest for false hopes.

Most of these hopes are based on one or two issues, primarily abortion. The GOP, in their wisdom, began to control the language of politics to trick the country into believing they could actually do something about these so called “family values”. Did you see the smoke and mirrors there? The party of “small government” is going to take control of “family values” and then regulate them for you! Wow, Copperfield would be proud.

But above it all, the thing that impressed me the most is that the neo-cons were so confident in what they were doing. They had a unified passion.

This is what we must embrace.

All the time I bump into fellow liberals who are uncomfortably happy but anxious when it comes to the upcoming Presidential election. An example of this would be Kurt. Proudly wearing my custom made Gabe “Senor Sack” Rivera Texas Tech jersey at a Longhorn tailgate, I mixed and mingled with the crowd talking about everything from girls in short skirts wearing cowboy boots to politics. Then I met Kurt. Kurt was this big, strong, successful man, proudly wearing his huge palm cowboy hat and a UT orange t-shirt with the slogan “GEORGE W. BUSH. WORST PRESIDENT EVER! “

I told him that I had never seen a shirt like that, especially living in
Lubbock. Our conversation quickly turned to the issues of the day. It was at that point I turned to him and said, “Aren’t you so happy that it’s about to happen! We are going to steam roll through those guys!” He winced. Not sure how to respond he simply whimpered, “I sure hope so….”

I say enough! For too long we have acted like prairie dogs in a
West Texas thunderstorm, afraid to stick our heads out of our holes in fear of being struck dead by a bolt of lightening. We need to have the confidence that will make everyone around us either cringe and hide or shout with pride. We must be the party of the slam dunk, not the air ball. We need to tell everyone around us this is what’s going to happen and this is why and there is no way to avoid it.

In short, here is why it’s going to happen.

1) History

The ominous reality for the GOP is that historically, the tide is about to turn. Only once since 1952 has a party had enough votes to win three consecutive presidential elections—1988 when GHW Bush won Reagan’s “third term”. The other four times when it would have been possible, the people rejected the party in power.

2) Hijinks

Defined as: Playful, often noisy and rowdy activity, usually involving mischievous pranks.

From how the GOP hijacked the good hearted religious people of this country to purposely leading this country into the most costly and avoidable conflict in
Iraq, the GOP has worn out their welcome. We won’t get fooled again…until the next time.

3) Home

The GOP has brought us the highest oil costs, a collapsing housing market, negligence in regards to the environment and the worst military conflict in recent history. Recession is looming and the corporate machine is laughing all the way to
Aruba. It’s time to take our home back.

We are the only party that can realistically lead this country back to the days of respect and honor in the world without the use of threatening words or preemptive attacks.

As my old football coach used to say, “Son, how do you expect to win if you don’t expect to win?”

No need to be anxious…just embrace what we expect!

Helmut

A Lubbock Liberal

Is It Time Yet?

2007-07-24T07:15:00.000-07:00

I can't wait to see this guy light it up!!!
Crabtree for Heisman!

Back In One Week!

2007-07-15T17:21:00.000-07:00

See you in a week...with the keys of Sin City in my pocket!!!

United States

2007-07-12T18:30:00.000-07:00

Great Band
Great Song
Great Album

Turn off those lights man!

When I Was Young

2007-07-11T09:29:00.001-07:00

2007-07-10T14:14:00.000-07:00

Po Black Mattie

2007-07-05T22:40:00.000-07:00

North Mississippi Allstars!!!

Jesus Just Left Chicago

2007-06-22T12:43:00.000-07:00

And He's headed to the Hub!!!

Props Yo

2007-04-25T19:08:00.000-07:00

This is a music video made by a very talented young man.
Props Rex...

Viva League Night

2007-04-20T14:08:00.000-07:00

I never noticed the camera at League Night....

Tonights the Night

2007-04-13T21:19:00.000-07:00

The master with Crazy Horse.

God Bless Baseball and the Texas Rangers

2007-04-07T15:51:00.000-07:00

A beautiful sight...

When TV Had Good Music

2007-04-07T14:54:00.000-07:00

I miss good music

What a Week

2007-03-04T19:16:00.000-08:00

Here's hoping tomorrow will be better than last week. What started off as a wonderful week turned into the most surreal event in my life.
Spending 3 days in Dosa with Kingfish was awesome. Nothing like Migas, mountains and 36 hours of gambling to start a week.
Monday was a student holiday. I had a meeting to attend early that morning which finished early. Needing to purchase some adapters for my China trip, I popped into a Radio shack to check out the goods. It was a blustery day in the Hub, so much so, I had to open the door the the store for this little elderly lady. After asking the hired help where the adapters were located, I proceeded to look over my choices. I hadn't noticed that someone else had entered the store.
Getting back into town late the night before, I had a chance to catch the late local news around 11:30. I had seen a story about a Radio shack in town that had been robbed on Saturday while I was out of town. Being in the situation I was now in, that had entered my mind but it just didn't seem to click. My attention was raised when I heard a voice at the counter say, "GIVE ME THE MONEY!". I looked up, noticed that there was someone at the counter with something in his hand...what I thought was maybe a cordless screwdriver. Since I was close to the door and had not noticed anyone else enter, my first thoughts were that this was an employee from the back playing around, joking about the other store being robbed over the weekend.
This all changed. I had actually looked away from the situation when all of a sudden I hear a loud "POP"! I immediately turned back to see the person with his hand raised in the air, gun pointing upwards. I dropped to the ground behind the self where I was looking for the adapters. I was actually behind the robber so I could not get a look at him. But a million things began racing through my head. Could I make it to the door? Do I need to let him know that I am there? I don't want to startle him. Would anything I do make it go from bad to worse? Could I get to him to stop what was happening? Would he kill us all?
It seemed by the time that I tried to process all of those things, he was out of the store. As I rose up, I noticed that the elderly lady that I had helped in the store had been no more that 3-4 feet away from where the guy had shot the pistol. She was not looking so good. As I approached her, she said that she couldn't hear anything. The police and EMS arrived quickly as did the wife, who had been just across the street at the meeting I had just left.
It appeared that the same guy robbed a cleaners on Wednesday and was apprehended that afternoon.
I leave for China on Thursday. It's weird, but I somehow feel as though I will be safer there than here.

36 Days

2007-02-01T16:31:00.000-08:00

In 36 days I will be in Beijing. While I was there 4 years ago, I was amazed by the gymnastic like flexibility of the natve population. It seemed as though the west was never blessed with such abilities.
Now it's official.

A nod for this gem of a clip to a former student Charlie who is knocking 'em dead at Yale!

FIFA

2007-02-01T16:24:00.000-08:00

The boy has basketball practice going right now, but due to Al Gore's Internet and someones wireless cable, I am able to blog. After the hoops workout, the purchase will be made. See everyone around Valentines Day.

The game is EASports FIFA '07
Digital cable has birthed a fan.
Now I'm putting my $ where my remote control clicker is.

So Long Molly

2007-01-31T20:16:00.000-08:00

You will be missed.

Rest in Peace

Changing the World

2007-01-30T18:57:00.000-08:00

I stumbled across this tonight while watching Frontline.
When a simple idea meets opportunity.

This guy was in advertising and then decided to give something back to the world. His idea? He decided to create a water pump that operated by the use of a kids merry-go-round and then put these in villages in Africa. The total cost of one play pump...$7,000. With that investment, the pump produced enough water for 2,500 people per day!
While trying to expand his goal of putting in 1,000 pumps in the next year, the Clinton Foundation along with the backing of First Lady Laura Bush donated $15 Million to the project!!!

One of those...God...how simple...and amazing!

Link

What I Jam To

2007-01-27T19:38:00.000-08:00

While pushing my muscles to exhaustion to pounding out miles on the treadmill...
here is what is getting me by:

Bring the Noise by Anthrax& Public Enemy
Rebel Yell by Billy Idol
Sabotage by Beastie Boys
Welcome to the Jungle by Guns & Roses
Lose Yourself by Eminem
Mosh by Eminem
You've Got Another Thing Comin' by Judas Priest
Voodee Chilie (Slight Return) Stevie Ray Vaughn Version
Looks That Kill by Motley Crue
Head Like a Hole (Live) by Nine Inch Nails
Crazy Train by Ozzy Osboure
Evenflow by Pearl Jam
We Will Rock You by Queen
Fight the Power by Public Enemy
B.Y.O.B. by System of a Down
Bullet With Butterfly Wings by Smashing Pumpkins
Vertigo by U2
Man in the Box by Alice In Chains
Song 2 by Blur
(Rock) Superstar by Cypress Hill
Burning Beard by Clutch
I'll Stick Around by Foo Fighters
Down With the Sickness by Disturbed
Jump Around by House of Pain
Freak on a Leash by Korn
My Generation by Limp Bizkit
Rusty Cage by Soundgarden
Thunder Kiss '65 by White Zombie
Cochise by Audioslave
Cowboys From Hell by Pantera
Boom by P.O.D.
I'm Broken (Live) by Pantera
Dragula by Rob Zombie
Sex Type Thing by Stone Temple Pilots

1977

2007-01-25T16:47:00.000-08:00

When flutes kicked ass...even in a country song.
Thanks for bending barriers Marshall Tucker Band

Kingfish was Beaten to the Punch

2007-01-25T16:39:00.000-08:00

This sounds like something the Kingfish would have come up with.
Bested by an Aussie....

Life 4 Sale

Nod to McKay for uncovering this nugget

The New Face of Terrorism?

2007-01-25T16:25:00.000-08:00

Steve Earl has been around for a long time now. Generating some great country/rock tunes...even for me (Copperhead Road). Known as a "rebel" in the country music industry, this maverick always shoots straight from the lips.
This tune is no different. Looking at the modern world from a perspective that gets some an all expense paid vacation to Gitmo, Johnny Walker's Blues takes us to a different place.

Peace Be Upon You

HIIT Part 2

2007-01-25T16:21:00.000-08:00

Resistance training has to be a part of any healthy lifestyle. It gets your muscles to build and use that fuel I’m putting in my tank. It burns fat, and if done right, even while I’m sleeping! Now that’s a workout! So I will also be using an interval weight training system.

Monday’s workout looked like this:
1 set of 10 at a level 4
1 set of 8 at a level 6
1 set of 6 at a level 8
1 set of 5 at a level 10
1 set of 10 at a level 5
Lifts were:
seated cable pull
bench press
incline press
tricep cable pull
dumbbell curls

All finished in about 35 minutes. No jacking around. No resting. Just lifting. The heart rate is pumping. I finish all of this with my cardio and top it with 50 crunches on the swiss ball. Hmmm…..swisssss baaaaall.

A great Christmas present was a subscription to Men’s Health. I hear it’s the guys Cosmo. If true, I may need to check out Cosmo. It’s been a great present. It’s full of workout tips and nutrition help as well. I will probably mix up some of my workouts with those suggested in the magazine when I get bored with my workouts. And it will come.

I also added some supplements to my diet. I have added one fish oil and two men’s multivitamin to my daily intake. Fish Oil is supposed to aid in weight loss and the multivitamin because I like to say I’m taking a multivitamin to my friends. Did I mention a now have a GNC gold card?

HIIT

2007-01-25T16:17:00.000-08:00

It stands for High Intensity Interval Training.

I’ve looked at and discussed this issue long and hard and I’m going to be using an interval weight and cardio training. The basic concept is to get your heart rate up quickly and to keep it there for at least 30 minutes. For me, that’s going from a sitting still 62 hp/m to about 150-165 hb/m. I’ve started on the treadmill for my cardio. I like the tread much better than the elliptical machines. I don’t think I’m coordinated enough to use them to tell you the truth.

While watching the news the other night, they ran a story about kids, P.E. and the health of America’s youth. One thing this class was doing was running straight for 12 minutes! I thought, this sounds great! I hope my own kids were doing this. I should do this myself! So I climbed on the machine and off I went. I thought I was going to die…but I did it. In 12 minutes I had run right at a mile! I hadn’t run a mile on purpose since high school. So my first cardio goal was to see if I could get a 12 minute mile down to a 9 minute mile. To get to this goal, I am using an interval cardio training.
It looks like this:
3 minutes at a medium walk
2 minute all out sprint
2 minute brisk walk
2 minute all out sprint
2 minute brisk walk
2 minute all out sprint
2 minute brisk walk
3 minute all out sprint
2 minute easy walk
1 minute cool down

Cardio Part 2 is based on the Body for Life Cardio Workout
1. Warm up the first 2 minutes at Intensity Level 5
2. Minutes 2-3 move from Intensity Level 5 to 6
3. Minutes 4-5, 6-10 and 11-14 work your way from Intensity Level 6 to Level 9, maintain for one minute.
4. Minutes 15-19 work your way from Intensity Level 6 to Level 10 (High Point at Level 10), maintain for one minute.
5. Minute 20 cool down to Intensity Level 5 for one minute.

In 20 minutes I am done. It took about 5 minutes to get to a 150-165 hb/m
I will do this workout each time I go to the gym, which I am aiming at 5 times a week.
I will then test my mile time every 2 weeks.

The Storm of '07

2007-01-19T06:49:00.000-08:00

From the sound of the talking dopplerheads, it looks like a disaster of Lightfoot proportions

Nutrition Plan

2007-01-15T08:42:00.000-08:00

Okay, so here's the idea. In order to drop 100 in 10 months or so, there has to be a major overhaul in my lifestyle. One area is with nutrition.

Now I'm not the healthiest eater in the world, shocker. But I can say very honestly that I do eat pretty well, and have for years, thanks to the best wife ever. My whole issue is how I view food. I believe that the first obstacle is a new approach on how I look at and then consume food each day.

If I could narrow down the #1 issue that I have, it's not what I eat, it's how much I eat. That would be portion control. When I had a personal trainer, he calculated a normal day for me that would optimize weight loss. Are you ready? It was 1200 calories a day! I have to scratch my head. I know what 1200 calories looks like. I'm not sure that is a realistic goal for me. So I am setting another goal when it comes to my nutrition plan.

My first goal is to follow what most expert will tell me. 6 meals a day. That's right. For some of the newly initiated, the idea here is 6 small meals a day, spread out so that you feel full all day but your portions are cut way back to "normal".

My second, more specific goal, is to keep all of the major nutritional values to a certain level.
Here goes:
Daily Caloric Intake: Between 1500 and 2000
Daily Fat Intake: Between 26 and 30 grams
Daily Carb Intake: Between 150 and 200 grams
Daily Protein Intake: Between 90 and 100 grams

The reason I am going to be as specific as possible goes along with a new way of looking at food. That is that food is simply a form of medicine for my body. Fuel for my engine. In order for it to work properly, you have to be on top of what you intake.

So with that said, here is a sample of my morning intake:
2 packs of instant oatmeal with one scoop of whey protein powder and 16 oz of OJ
Calories: 430 of 1500-2000
Fat: 3g of 26-30
Carbs: 81g of 150-200!
Protein: 23g of 90-100

What I noticed about breakfast was that consuming 16 oz of even calorie reduced Orange Juice added 100 calories and 26 carbs to my meal. This may be something I will need to reduce or replace all together.

The second thing that I noticed is if I keep these approximate totals for my 3 main meals, other than the carbs issue, I will be pretty close to hitting my target. It will be how I work in the other 3 meals that will decide my success.

Cal: 430x3= 1290 (1500-2000)
Fat: 3x3= 9 (26-30)
Carbs: 81x3= 245 (150-200!!!)
Prot: 23x3= 69 (90-100)
It is possible and logical to also consider that my fat intake will increase with my later meals and that my carbs will decrease. Something to keep a watch on.

Another issue with nutrition will be supplements. As you can tell from my breakfast, I am consuming one supplement right now and that's whey protein powder. Everything that I can get my hands on talks about the fastest and most successful ways to attaining weight loss and lean body mass are with the aid of supplements. These come in many forms but whey powder is where I have started. In order to build lean muscle mass while working out, it's imparative to maintain a certain protein intake every day without consuming the calories and fat that it usually takes to get there. That's where whey steps in.
I've been looking at other supplements as well, with fish oil extract being at the top of the list. I haven't purchased any yet, but a stop at GNC after my workout today is going to solve that.

And finally, this wouldn't be complete without talking about water. As someone who finds pleasure in hiking around through the American Navajo desert in the summertime, I can tell you that survival depends on water. Everything in nature depends on it. Most of us walk around dehydrated and we don't even know it. It's simple. When you feel thirsty, you are already experiencing the effects of dehydration. The mind doesn't work properly and our bodies start to shut down to compensate for the water loss. The solution? DRINK! DRINK! DRINK! and then DRINK SOME MORE! My goal is set at about 95 to 100 oz of water a day.

So there it is, basically, what I will be doing for the rest of my life. Let me know what you think, if this is too much, too little or whatever. I would be interested in any feedback at all!

Pride

2007-01-15T07:43:00.000-08:00

Happy birthday Martin

Keep Hope Alive!

2007-01-14T23:18:00.000-08:00

First, this is not a Jessie Jackson speech. This is the 95 Thesis of my current state of mind. This is a fatwah on my lifestyle.

How I Got Here

We all have our story as to how we got to this place. Like many, I grew up playing all sorts of sports. Boys Club football and hoops, Little Leage baseball...I was a part of them all. Now grant it, I was never the "beanpole". I was always the "husky" kid. In the beginning, the one always picked last. That was until I was the one to grab the pass and simple run over people or the one who would dominate the boards and put back the lay up...with the foul of course. 3 the hard way. My athletic achievement was not as good as others, but I was always on the "all-star" teams. But as life comes at you, it's easy to get out of that lifestyle. College was...well college. A couple of years of rec teams turned into studies and a girlfriend. It's not that my priorities changed because being "healthy" was never a real priority in my life. I was either active or not. It really didn't matter. All of a sudden, I'm 35 with 2 kids, a wife and 100 pounds heavier than the day I graduated high school.

Where I Am Now

Like I said, married to the best wife ever for 14 years this summer. Okay, wow. That's pretty frikin awesome.
2 kids. My boy is a lean, mean fightin machine of 6 and my daughter is all of a sudden growing into a young lady at 9! 2 dogs, a mortgage, a garage that needs to be cleaned, a house that needs to be finished and a job shaping the minds of the youth of America.

Where I'm Going

If you've looked at the blog over the last week or so, you will see that I have placed my food intake as well as my workout regime on the site. This idea started a couple of months back when my buddy Kingfish was contemplating some life changes. Namely, moving back to God's country. (Currently clear skies and a crisp 16 degrees!)

Kingfish and I have several things in common. A sense for the obvious being the biggest. We both know we are big...big dudes. Sitting around poker tables and bar stools for the last 15 years together has taken a big toll on our waistlines. So when Kingfish made his move back to the loopular, we started talking about the idea seriously. A lifestyle change was needed in the worst way, and for different reasons.

For me, I have multiple reasons why this should happen. The most important ones are asleep on the couch right now as I write this. 2 years ago, I was having some pains in my chest. I had been working out some but didn't know what to really think about it other than...I need to get this checked on. It turned out to be absolutly nothing...I mean nothing. Ever test was negative and I was found to be really healthy, as healthy as a 33 300 pound dude could be. But this "event" was a moment for the wife that really hit her hard.

My dad died of a heart attack in his sleep when he was 55. He was lean, fit and strong. And it happened. So there is the "history" in my genes to deal with, although must of my body type is more in line with my moms side which is big, tall and long lived. When I was in the hospital with all the wires hooked up to me, I could see it in my wifes eyes that she was terrified. But I quickly slipped back into the "normal", not really doing anything about it. A couple of months later, I decided to hire a personal trainer to do something about the situation.

I had a membership to a gym here in town, but like the statistics bear out, went on average of once every 2 months! So here I was. Motivated. Dedicated and shelling out some serious cash to make it happen this time. And it did. In one month, I had dropped about 15 pounds. Then I was on my own. And 3 weeks later...I was done.

So when Kingfish decided to come back, I saw this as a chance to work together to do this thing right. Although we had talked about working out together, due to schedules, it hasn't happened. But my hope is that through this blog and the support of all of you who read this, I will keep this lifestyle for good.

Goals

As I've been researching this lifestyle change, one thing always comes up. Goalsetting. This is something that I struggle with in my life. I am awesome at doing my thing once I have a direction, it's finding the direction. So here are some of my goals that I've been mulling over.

1) The ultimate finish line is 215
Okay, see how I suck at setting goals. That is really the only goal I have. That would put me 100 pounds less than I was 2 weeks ago.

I have been thinking about some "benchmarks" (it's a curse of my education training) to have in place as well as some motivation.
1) I would really like to see somewhere between 5-10 pounds a month. I'm not sure if that is too much or too little to shoot for. On that pace, I would be where I would like to be by the end of the year.

After thinking more about it, I think I need to have some actual dates for these timelines. Maybe the President should pick up on these!
1) The First 90 Days. Now, I've actually been on the program for a couple of weeks, but with the blog, I am starting fresh. 90 days from now I will be boarding a plane for Beijing for 9 days in China! I can't wait! My first benchmark is to be 285 by then. That's 30 pounds.

2) The Second 90 Days. That's June 15. The end of another school year and back from the yearly trek to the Navajo Nation with McKay. 255 is the mark and another 30.

3) The Third 90 Days. September 15. My brother will be 51 by then and I will be 225!

4) 30 Days. I am giving myself one more month to get the last 10.

Motivation

I think it's good to have some motivation to work towards as well. It's one thing to do it for myself and for those who love me, but it's also nice to have some motivation to get there.
Now my original thought was to have a competition between me and the Kingfish. The idea was simple. The World Series of Poker $1,500 No-Limit Hold 'Em tournament in Las Vegas is in July. The one who has lost the most between now and then would pay the others entry into the tournament. Kingfish was not so much into it. Something about having to get a job was totally getting in the way of this idea. So the idea has changed a little. If I am 250 pounds by July the 4th, I will play. If not, I will watch from the rail.

That is the big motivation for the midway point. I need to work on some more for the quarter points.

Starting Point

Thursday I weighed and I was 311. I lost 4 pounds last week but for ease of this whole thing, I am listing my starting weight at 315, which is where I was when I started. So here we go. My 1st workout of the week wil be tomorrow. It helps that we are out for the MLKJr. holiday. I will go some time late in the morning.

Saturday

2007-01-06T20:53:00.000-08:00

Breakfast
2 packs of oatmeal with one scoop of whey powder

Lunch
Basil Cashew Chicken wrap on whole wheat tortilla
Cup of chicken enchilada soup
Dr. Pepper

Snack
1 banana

Supper
Super Protein Salad

One bottle of red wine (thanks Tony Romoimpossible!)
96 oz of water

1/2 mile 10 minute walk
1 mile 12 minute run

Friday

2007-01-05T20:18:00.000-08:00

Breakfast
2 packs of oatmeal with one scoop of whey powder
OJ

Lunch
Cob Salad

Supper
1/3 lb cheese burger w/fries

96 oz of water
1 pitcher of zeigenbock

Bowling night was the shiz
2nd in average score...not after next week beeeyatch!

Working out tomorrow morning after the Kadsters basketball game

Thursday

2007-01-04T20:08:00.000-08:00

Breakfast
2 packs oatmeal with one scoop of whey powder
Orange Juice

Lunch
Basil Cashew Chicken Wrap
Chicken Enchilada Soup
Dr. Pepper

Snack
Banana

Supper
Super Protein Salad

96 oz of Water

Workout

3 sets of 12 barbell bench press
3 sets of 12 military barbell press
3 sets of 12 assisted dips
3 sets of 12 lat pulldowns

2 6 minute jogs with 2 6 minute walks

The Game I Dream About!

2007-01-04T08:11:00.000-08:00

It's in my dreams.
I can't make it stop!
String out some wire and get those AT guns in place!

Wednesdays Regiment

2007-01-03T22:50:00.000-08:00

Breakfast
Bowl of 2 packs of oatmeal with one scoop of myoplex
Orange Juice

Lunch
Plate of sliced ham

Supper
Chicken Pasta with Sundried Tomatoes

80 oz of water
1 Diet Dr. Pepper

Workout
12 minute continuous run
12 minute interval run

Victory

2007-01-03T17:53:00.000-08:00

I can't get enough of this!

Much Luck...Happy New Years!!!

2007-01-01T13:50:00.000-08:00

I Have Come Undone

2006-12-31T15:53:00.000-08:00

Possibly the best music video ever.
When you can combine neck quivering guitar licks along with robots and some super sweet fantasy poetry...it has to be.

Be sure to check back later for my 2007 predictions

Back, Jack...Do It Again

2006-12-29T23:32:00.000-08:00

The news from tonight for some reason reminded me of the Dan

The Pirate Who Cried

2006-12-29T22:24:00.000-08:00

Trailing Minnesota by four touchdowns at halftime, Texas Tech coach Mike Leach told his team it had a chance to make history. The pep talk turned out to be a prediction. The Red Raiders spotted Minnesota a 31-point, third-quarter lead, then rallied for a stunning 44-41 overtime victory in the Insight Bowl Friday night, the largest comeback in Division I-A bowl history.

The previous record for a bowl comeback was 30 points, set by Marshall against East Carolina in the 2001 GMAC Bowl.

"We talked at halftime that we had a great opportunity to make history, and the reason people come to Texas Tech is to play all 60 minutes," said Leach, who fought back tears during a postgame interview.

It took Tech more than 60 minutes to earn one of the more improbable victories in its history.

Tech (8-6) appeared finished after Minnesota (6-7) took a 38-7 lead with 7:47 to go in the third quarter. But the Red Raiders mounted a furious comeback, scoring 31 unanswered points in less than 20 minutes.

Alex Trlica's 52-yard field goal as regulation expired sent the game into overtime.

Joel Monroe kicked a 32-yard field goal to put Minnesota up 41-38 in overtime, but Shannon Woods scored on a 3-yard run to win it for the Red Raiders.

That sparked a wild celebration for the Red Raiders, who mobbed each other while the shocked Gophers trudged to the locker room.

"Everyone felt like, 'Hey, we're going to win,' " said Tech quarterback Graham Harrell, who was selected bowl MVP after throwing for 445 yards and two touchdowns. "If you believe, good things can happen."

Tech's comeback began with 4:58 to go in the third quarter, when Harrell hit Phoenix native Joel Filani for a 43-yard score to cut the lead to 38-14. That started an avalanche that buried Minnesota in the first meeting of the schools.

"We're an offense that can score in a hurry, and everyone knows that," Harrell said.

Trailing 38-35 with no timeouts, the Red Raiders took over at their own 11 with 1:06 remaining. Eight plays later, Trlica tied it.

Woods rushed for 109 yards and three touchdowns and Filani caught nine passes for 144 yards.

For Minnesota, Amir Pinnix ran for 179 yards, Bryan Cupito threw for 263 yards and three touchdowns and tight end Jack Simmons caught seven passes for 134 yards.

Minnesota set a school bowl scoring record, and Cupito, a senior, tied Asad Abdul-Khaliq's career record of 55 touchdown passes. The records were little consolation in the end.

"We just broke down," Minnesota linebacker Mike Sherels said. "You just kind of got the feeling that we were back on our heels and playing not to lose instead of playing to win."

That's not how the Gophers opened the game. They jumped ahead 7-0 after Leach went for it on fourth-and-1 at his own 45 on the opening series. Harrell was stopped on a sneak, and six plays later Cupito found Simmons for a 2-yard touchdown with 9:27 to go in the first quarter.

Four minutes later, Minnesota made it 14-0 after Sherels intercepted Harrell at Tech's 37. Pinnix capped a six-play drive with a 2-yard run.

Another Harrell turnover killed a Tech scoring drive. He fumbled on a sack by Willie VanDeSteeg, and Steve Davis recovered at the Golden Gophers' 13. Minnesota marched 87 yards _ its longest scoring drive of the year _ to take a 21-0 lead on Justin Valentine's 1-yard plunge on the first play of the second quarter.

Tech had a chance to slice the deficit when cornerback Antonio Huffman picked off Cupito's pass at the Minnesota 20. But Pinnix jarred the ball loose, and it bounded into the end zone, where the Gophers recovered for a touchback.

After Tech's Shannon Woods scored from 1 yard out to make it 28-7, the Gophers answered with an 81-yard drive that ended in a 3-yard touchdown pass from Cupito to Logan Payne in the final minute of the first half.

Minnesota looked as if it ended any Tech hopes for a comeback by opening the third quarter with a 16-play, 78-yard drive that consumed 7:13. Monroe's 20-yard field goal gave the Gophers a 38-7 lead.

"Everything was going our way," Minnesota coach Glen Mason said.

But it turned out to be a mirage.

Afterward, interviewers told Leach that his team had indeed made history. His locker room rhetoric had turned into a record.

"Didn't realize it until the end, but I knew it was kind of a big one," Leach said. "Quite honestly, despite that, I would have liked to have spotted them less points in order to come back from behind to win this thing."

And the # of the Counting Shall Be Three

2006-12-27T20:11:00.000-08:00

Although I've been pondering this all day...Kingfish beat me to it.
We may agree with the three but still we disagree....
Okay, that was sorta spooky.

USC, faced with a 28 point 4th quarter deficit comes back to win...and claims the 3rd victim.
Whooooooa nelly

Feel Good Brother

2006-12-25T17:30:00.000-08:00

You Wanna' Ride?

2006-12-13T19:03:00.000-08:00

Okay, here's the prop.

Me and Kingfish. 2 Men enter... one man pays.
Somewhere around July the 18th, 2007 the World Series of Poker will host their 2 day, $1,500 No-Limit Hold 'Em Tourny.
On July 1st, 2007 we will weigh. The one that loses the most weight between now and then will pay the others entry into the tournament.
Pure and simple. No excuses. No caveats.
Just bags of cash.

You wanna' ride?

4 Days and Counting....

2006-12-07T12:39:00.000-08:00

Monday is the start of something good....

In Response....

2006-11-20T13:35:00.000-08:00

Since Kingfish has decided to call me out...I think it's time to explain some things.

1st: The Pirate flag was not brought to A&M either...and the victory bells will ring out!

2nd: Those that knew me from High School and college will remember that I was sort of a collector of collegiate wear. Who could forget the Colorado Buffalo sweater that actually played the school song!?
But let's get something straight. I am not, nor have I ever been an Arkansas Razorback "fan". Well, scratch that. What good souled boy from Snyder couldn't continue to keep Rollin' with Nolan? I guess unlike Kingfish, I can still appreciate the skills of another team without sellin out. I know he still has his NY Mets hat from '84 and his Dwight Gooden medium jersey.

3rd: When it comes to the Lady Raiders, they are like the Houston Oilers were to me growing up. Being born and raised in Texas, I am and will always be a Dallas Cowboy fan. Although the Oilers apparently played in Texas, the could have been the Shreveport Oilers for all I care. Sure there was Bum and Earl...but I am closer to Denver than Houston. I'm glad they won...but pissed when they would put there games on over the Broncos. So when it comes to the Lady Raiders...I'm glad they win...it's nice...but come on now. Let's get real.

SO in conclusion...Kingfish...you need to get the $#^~& out of my bar!!!
Cleanup on aisle 2!!!

Na, na, na, na. Na, na, na, na. Hey, hey, hey. Goodbye!

2006-11-08T19:35:00.000-08:00

German Soldier of the Month Award

2006-10-19T11:14:00.000-07:00

Since I've been holed up in the casa with strep throat, I've been able to experience a bit of what my buds Harry and Kingfish are going through.

God bless early morning cable!

HOOOOOOOGAAAAAAAN!!!!!!!!!!!!!!

Uno Mas Cervesa

2006-10-18T11:17:00.000-07:00

My strep throat has kept me from being in the loop.

Gracias Kingfish....

I Feel Safer Already......

2006-10-17T12:02:00.000-07:00

H. R. 4954

One Hundred Ninth Congress
of the
United States of America
AT T H E S E C O N D S E S S I O N

Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six

An Act
To improve maritime and cargo security through enhanced layered defenses, and
for other purposes.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.--This Act may be cited as the ``Security and
Accountability For Every Port Act of 2006'' or the ``SAFE Port
Act''.
(b) TABLE OF CONTENTS.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--SECURITY OF UNITED STATES SEAPORTS
Subtitle A--General Provisions
Sec. 101. Area Maritime Transportation Security Plan to include salvage response
plan.
Sec. 102. Requirements relating to maritime facility security plans.
Sec. 103. Unannounced inspections of maritime facilities.
Sec. 104. Transportation security card.
Sec. 105. Study to identify redundant background records checks.
Sec. 106. Prohibition of issuance of transportation security cards to persons con-
victed of certain felonies.
Sec. 107. Long-range vessel tracking.
Sec. 108. Establishment of interagency operational centers for port security.
Sec. 109. Notice of arrival for foreign vessels on the Outer Continental Shelf.
Sec. 110. Enhanced crewmember identification.
Subtitle B--Port Security Grants; Training and Exercise Programs
Sec. 111. Risk assessment tool.
Sec. 112. Port security grants.
Sec. 113. Port Security Training Program.
Sec. 114. Port Security Exercise Program.
Sec. 115. Facility exercise requirements.
Sec. 121. Subtitle C--Port Operations
Domestic radiation detection and imaging.
Sec. 122.
Inspection of car ferries entering from abroad.
Sec. 123.
Random searches of containers.
Sec. 124.
Work stoppages and employee-employer disputes.
Sec. 125.
Threat assessment screening of port truck drivers.
Sec. 126.
Border Patrol unit for United States Virgin Islands.
Sec. 127.
Report on arrival and departure manifests for certain commercial vessels
in the United States Virgin Islands.
Sec. 128. Center of Excellence for Maritime Domain Awareness.
TITLE II--SECURITY OF THE INTERNATIONAL SUPPLY CHAIN
Subtitle A--General Provisions
Sec. 201. Strategic plan to enhance the security of the international supply chain.
H. R. 4954--2
Sec. 202. Post-incident resumption of trade.
Sec. 203. Automated Targeting System.
Sec. 204. Container security standards and procedures.
Sec. 205. Container Security Initiative.
Subtitle B--CustomsTrade Partnership Against Terrorism
Sec. 211. Establishment.
Sec. 212. Eligible entities.
Sec. 213. Minimum requirements.
Sec. 214. Tier 1 participants in CTPAT.
Sec. 215. Tier 2 participants in CTPAT.
Sec. 216. Tier 3 participants in CTPAT.
Sec. 217. Consequences for lack of compliance.
Sec. 218. Third party validations.
Sec. 219. Revalidation.
Sec. 220. Noncontainerized cargo.
Sec. 221. CTPAT program management.
Sec. 222. Additional personnel.
Sec. 223. Authorization of appropriations.
Subtitle C--Miscellaneous Provisions
Sec. 231. Pilot integrated scanning system.
Sec. 232. Screening and scanning of cargo containers.
Sec. 233. International cooperation and coordination.
Sec. 234. Foreign port assessments.
Sec. 235. Pilot program to improve the security of empty containers.
Sec. 236. Information sharing relating to supply chain security cooperation.
TITLE III--ADMINISTRATION
Sec. 301. Office of Cargo Security Policy.
Sec. 302. Reauthorization of Homeland Security Science and Technology Advisory
Committee.
Sec. 303. Research, development, test, and evaluation efforts in furtherance of mar-
itime and cargo security.
TITLE IV--AGENCY RESOURCES AND OVERSIGHT
Sec. 401. Trade and customs revenue functions of the department.
Sec. 402. Office of international trade; oversight.
Sec. 403. Resources.
Sec. 404. Negotiations.
Sec. 405. International Trade Data System.
Sec. 406. In-bond cargo.
Sec. 407. Sense of the Senate.
TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE
Sec. 501. Establishment of Domestic Nuclear Detection Office.
Sec. 502. Technology research and development investment strategy for nuclear
and radiological detection.
TITLE VI--COMMERCIAL MOBILE SERVICE ALERTS
Sec. 601. Short title.
Sec. 602. Federal Communications Commission duties.
Sec. 603. Commercial Mobile Service Alert Advisory Committee.
Sec. 604. Research and development.
Sec. 605. Grant program for remote community alert systems.
Sec. 606. Funding.
Sec. 607. Essential services disaster assistance.
Sec. 608. Community disaster loans.
Sec. 609. Public facilities.
Sec. 610. Expedited payments.
Sec. 611. Use of local contracting.
Sec. 612. FEMA programs.
Sec. 613. Homeland security definition.
TITLE VII--OTHER MATTERS
Sec. 701. Security plan for essential air service and small community airports.
Sec. 702. Disclosures regarding homeland security grants.
Sec. 703. Trucking security.
Sec. 704. Air and Marine Operations of the Northern Border Air Wing.
Sec. 705. Phaseout of vessels supporting oil and gas development.
H. R. 4954--3
Sec. 706. Coast Guard property in Portland, Maine.
Sec. 707. Methamphetamine and methamphetamine precursor chemicals.
Sec. 708. Aircraft charter customer and lessee prescreening program.
Sec. 709. Protection of health and safety during disasters.
TITLE VIII--UNLAWFUL INTERNET GAMBLING ENFORCEMENT
Sec. 801. Short title.
Sec. 802. Prohibition on acceptance of any payment instrument for unlawful Inter-
net gambling.
Sec. 803. Internet gambling in or through foreign jurisdictions.
SEC. 2. DEFINITIONS.
In this Act:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.--Except as
otherwise provided, the term ``appropriate congressional
committees'' means--
(A) the Committee on Appropriations of the Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Finance of the Senate;
(D) the Committee on Homeland Security and Govern-
mental Affairs of the Senate;
(E) the Committee on Appropriations of the House
of Representatives;
(F) the Committee on Homeland Security of the House
of Representatives;
(G) the Committee on Transportation and Infrastruc-
ture of the House of Representatives;
(H) the Committee on Ways and Means of the House
of Representatives; and
(I) other congressional committees, as appropriate.
(2) COMMERCIAL OPERATIONS ADVISORY COMMITTEE.--The
term ``Commercial Operations Advisory Committee'' means the
Advisory Committee established pursuant to section 9503(c)
of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C.
2071 note) or any successor committee.
(3) COMMERCIAL SEAPORT PERSONNEL.--The term ``commer-
cial seaport personnel'' includes any person engaged in an
activity relating to the loading or unloading of cargo or pas-
sengers, the movement or tracking of cargo, the maintenance
and repair of intermodal equipment, the operation of cargo-
related equipment (whether or not integral to the vessel), and
the handling of mooring lines on the dock when a vessel is
made fast or let go in the United States.
(4) COMMISSIONER.--The term ``Commissioner'' means the
Commissioner responsible for the United States Customs and
Border Protection of the Department of Homeland Security.
(5) CONTAINER.--The term ``container'' has the meaning
given the term in the International Convention for Safe Con-
tainers, with annexes, done at Geneva, December 2, 1972 (29
UST 3707).
(6) CONTAINER SECURITY DEVICE.--The term ``container
security device'' means a device, or system, designed, at a
minimum, to identify positively a container, to detect and record
the unauthorized intrusion of a container, and to secure a
container against tampering throughout the supply chain. Such
a device, or system, shall have a low false alarm rate as
determined by the Secretary.
(7) DEPARTMENT.--The term ``Department'' means the
Department of Homeland Security.
H. R. 4954--4

(8) EXAMINATION.--The term ``examination'' means an
inspection of cargo to detect the presence of misdeclared,
restricted, or prohibited items that utilizes nonintrusive
imaging and detection technology.
(9) INSPECTION.--The term ``inspection'' means the com-
prehensive process used by the United States Customs and
Border Protection to assess goods entering the United States
to appraise them for duty purposes, to detect the presence
of restricted or prohibited items, and to ensure compliance
with all applicable laws. The process may include screening,
conducting an examination, or conducting a search.
(10) INTERNATIONAL SUPPLY CHAIN.--The term ``inter-
national supply chain'' means the end-to-end process for ship-
ping goods to or from the United States beginning at the
point of origin (including manufacturer, supplier, or vendor)
through a point of distribution to the destination.
(11) RADIATION DETECTION EQUIPMENT.--The term ``radi-
ation detection equipment'' means any technology that is
capable of detecting or identifying nuclear and radiological
material or nuclear and radiological explosive devices.
(12) SCAN.--The term ``scan'' means utilizing nonintrusive
imaging equipment, radiation detection equipment, or both,
to capture data, including images of a container.
(13) SCREENING.--The term ``screening'' means a visual
or automated review of information about goods, including
manifest or entry documentation accompanying a shipment
being imported into the United States, to determine the pres-
ence of misdeclared, restricted, or prohibited items and assess
the level of threat posed by such cargo.
(14) SEARCH.--The term ``search'' means an intrusive exam-
ination in which a container is opened and its contents are
devanned and visually inspected for the presence of
misdeclared, restricted, or prohibited items.
(15) SECRETARY.--The term ``Secretary'' means the Sec-
retary of Homeland Security.
(16) TRANSPORTATION DISRUPTION.--The term ``transpor-
tation disruption'' means any significant delay, interruption,
or stoppage in the flow of trade caused by a natural disaster,
heightened threat level, an act of terrorism, or any transpor-
tation security incident (as defined in section 70101(6) of title
46, United States Code).
(17) TRANSPORTATION SECURITY INCIDENT.--The term
``transportation security incident'' has the meaning given the
term in section 70101(6) of title 46, United States Code.

TITLE I--SECURITY OF UNITED STATES
SEAPORTS
Subtitle A--General Provisions
SEC. 101. AREA MARITIME TRANSPORTATION SECURITY PLAN TO
INCLUDE SALVAGE RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is
amended--
H. R. 4954--5

(1) in subparagraph (E), by striking ``and'' after the semi-
colon;
(2) by redesignating subparagraph (F) as subparagraph
(G); and
(3) by inserting after subparagraph (E) the following:
``(F) include a salvage response plan--
``(i) to identify salvage equipment capable of restoring
operational trade capacity; and
``(ii) to ensure that the waterways are cleared and
the flow of commerce through United States ports is
reestablished as efficiently and quickly as possible after
a maritime transportation security incident; and''.
SEC. 102. REQUIREMENTS RELATING TO MARITIME FACILITY SECU-
RITY PLANS.
Section 70103(c) of title 46, United States Code, is amended--
(1) in paragraph (3)--
(A) in subparagraph (C)(ii), by striking ``facility'' and
inserting ``facility, including access by persons engaged in
the surface transportation of intermodal containers in or
out of a port facility'';
(B) in subparagraph (F), by striking ``and'' at the end;
(C) in subparagraph (G), by striking the period at
the end and inserting ``; and''; and
(D) by adding at the end the following:
``(H) in the case of a security plan for a facility, be resub-
mitted for approval of each change in the ownership or operator
of the facility that may substantially affect the security of
the facility.''; and
(2) by adding at the end the following:
``(8)(A) The Secretary shall require that the qualified individual
having full authority to implement security actions for a facility
described in paragraph (2) shall be a citizen of the United States.
``(B) The Secretary may waive the requirement of subparagraph
(A) with respect to an individual if the Secretary determines that
it is appropriate to do so based on a complete background check
of the individual and a review of all terrorist watch lists to ensure
that the individual is not identified on any such terrorist watch
list.''.
SEC. 103. UNANNOUNCED INSPECTIONS OF MARITIME FACILITIES.
Section 70103(c)(4)(D) of title 46, United States Code, is
amended to read as follows:
``(D) subject to the availability of appropriations, verify
the effectiveness of each such facility security plan periodically,
but not less than 2 times per year, at least 1 of which shall
be an inspection of the facility that is conducted without notice
to the facility.''.
SEC. 104. TRANSPORTATION SECURITY CARD.
(a) IN GENERAL.--Section 70105 of title 46, United States Code,
is amended by adding at the end the following:
``(g) APPLICATIONS FOR MERCHANT MARINERS' DOCUMENTS.--
The Assistant Secretary of Homeland Security for the Transpor-
tation Security Administration and the Commandant of the Coast
Guard shall concurrently process an application from an individual
for merchant mariner's documents under chapter 73 of title 46,
H. R. 4954--6

United States Code, and an application from that individual for
a transportation security card under this section.
``(h) FEES.--The Secretary shall ensure that the fees charged
each individual applying for a transportation security card under
this section who has passed a background check under section
5103a(d) of title 49, United States Code, and who has a current
hazardous materials endorsement in accordance with section 1572
of title 49, Code of Federal Regulations, and each individual with
a current merchant mariners' document who has passed a criminal
background check under section 7302(d)--
``(1) are for costs associated with the issuance, production,
and management of the transportation security card, as deter-
mined by the Secretary; and
``(2) do not include costs associated with performing a back-
ground check for that individual, except for any incremental
costs in the event that the scope of such background checks
diverge.
``(i) IMPLEMENTATION SCHEDULE.--In implementing the
transportation security card program under this section, the Sec-
retary shall--
``(1) establish a priority for each United States port based
on risk, including vulnerabilities assessed under section 70102;
and ``(2) implement the program, based upon such risk and
other factors as determined by the Secretary, at all facilities
regulated under this chapter at--
``(A) the 10 United States ports that the Secretary
designates top priority not later than July 1, 2007;
``(B) the 40 United States ports that are next in order
of priority to the ports described in subparagraph (A) not
later than January 1, 2008; and
``(C) all other United States ports not later than
January 1, 2009.
``(j) TRANSPORTATION SECURITY CARD PROCESSING DEADLINE.--
Not later than January 1, 2009, the Secretary shall process and
issue or deny each application for a transportation security card
under this section for individuals with current and valid merchant
mariners' documents on the date of the enactment of the SAFE
Port Act.
``(k) DEPLOYMENT OF TRANSPORTATION SECURITY CARD
READERS.-- ``(1) PILOT PROGRAM.--
``(A) IN GENERAL.--The Secretary shall conduct a pilot
program to test the business processes, technology, and
operational impacts required to deploy transportation secu-
rity card readers at secure areas of the marine transpor-
tation system.
``(B) GEOGRAPHIC LOCATIONS.--The pilot program shall
take place at not fewer than 5 distinct geographic locations,
to include vessels and facilities in a variety of environ-
mental settings.
``(C) COMMENCEMENT.--The pilot program shall com-
mence not later than 180 days after the date of the enact-
ment of the SAFE Port Act.
``(2) CORRELATION WITH TRANSPORTATION SECURITY
CARDS.-- H. R. 4954--7
``(A) IN GENERAL.--The pilot program described in para-
graph (1) shall be conducted concurrently with the issuance
of the transportation security cards described in subsection
(b) to ensure card and card reader interoperability.
``(B) FEE.--An individual charged a fee for a transpor-
tation security card issued under this section may not
be charged an additional fee if the Secretary determines
different transportation security cards are needed based
on the results of the pilot program described in paragraph
(1) or for other reasons related to the technology require-
ments for the transportation security card program.
``(3) REGULATIONS.--Not later than 2 years after the
commencement of the pilot program under paragraph (1)(C),
the Secretary, after a notice and comment period that includes
at least 1 public hearing, shall promulgate final regulations
that require the deployment of transportation security card
readers that are consistent with the findings of the pilot pro-
gram and build upon the regulations prescribed under sub-
section (a).
``(4) REPORT.--Not later than 120 days before the promulga-
tion of regulations under paragraph (3), the Secretary shall
submit a comprehensive report to the appropriate congressional
committees (as defined in section 2(1) of SAFE Port Act) that
includes-- ``(A) the findings of the pilot program with respect
to technical and operational impacts of implementing a
transportation security card reader system;
``(B) any actions that may be necessary to ensure that
all vessels and facilities to which this section applies are
able to comply with such regulations; and
``(C) an analysis of the viability of equipment under
the extreme weather conditions of the marine environment.
``(l) PROGRESS REPORTS.--Not later than 6 months after the
date of the enactment of the SAFE Port Act, and every 6 months
thereafter until the requirements under this section are fully imple-
mented, the Secretary shall submit a report on progress being
made in implementing such requirements to the appropriate
congressional committees (as defined in section 2(1) of the SAFE
Port Act).
``(m) LIMITATION.--The Secretary may not require the place-
ment of an electronic reader for transportation security cards on
a vessel unless--
``(1) the vessel has more individuals on the crew that are
required to have a transportation security card than the number
the Secretary determines, by regulation issued under subsection
(k)(3), warrants such a reader; or
``(2) the Secretary determines that the vessel is at risk
of a severe transportation security incident.''.
(b) CLARIFICATION OF ELIGIBILITY FOR TRANSPORTATION SECU-
RITY CARDS.--Section 70105 of title 46, United States Code, is
amended-- (1) in subsection (b)(2)--
(A) in subparagraph (E), by striking ``and'' at the end;
(B) in subparagraph (F), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
H. R. 4954--8

``(G) other individuals as determined appropriate by
the Secretary including individuals employed at a port
not otherwise covered by this subsection.''; and
(2) in subsection (c)(2), by inserting ``subparagraph (A),
(B), or (D)'' before ``paragraph (1)''.
(c) DEADLINE FOR SECTION 70105 REGULATIONS.--Not later than
January 1, 2007, the Secretary shall promulgate final regulations
implementing the requirements for issuing transportation security
cards under section 70105 of title 46, United States Code. The
regulations shall include a background check process to enable
newly hired workers to begin working unless the Secretary makes
an initial determination that the worker poses a security risk.
Such process shall include a check against the consolidated and
integrated terrorist watch list maintained by the Federal Govern-
ment.
SEC. 105. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS
CHECKS.
(a) STUDY.--The Comptroller General of the United States shall
conduct a study of background records checks carried out for the
Department that are similar to the background records check
required under section 5103a of title 49, United States Code, to
identify redundancies and inefficiencies in connection with such
checks.
(b) REPORT.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress on the results of the study,
including--
(1) an identification of redundancies and inefficiencies
referred to in subsection (a); and
(2) recommendations for eliminating such redundancies and
inefficiencies.
SEC. 106. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY
CARDS TO PERSONS CONVICTED OF CERTAIN FELONIES.
The Secretary, in issuing a final rule pursuant to section 70105
of title 46, United States Code, shall provide for the disqualification
of individuals who have been found guilty or have been found
not guilty by reason of insanity of a felony, involving--
(1) treason, or conspiracy to commit treason;
(2) espionage, or conspiracy to commit espionage;
(3) sedition, or conspiracy to commit sedition; or
(4) a crime listed in chapter 113B of title 18, United States
Code, a comparable State law, or conspiracy to commit such
crime.
SEC. 107. LONG-RANGE VESSEL TRACKING.
(a) REGULATIONS.--Section 70115 of title 46, United States
Code, is amended in the first sentence by striking ``The Secretary''
and inserting ``Not later than April 1, 2007, the Secretary''.
(b) VOLUNTARY PROGRAM.--The Secretary may issue regulations
to establish a voluntary long-range automated vessel tracking
system for vessels described in section 70115 of title 46, United
States Code, during the period before regulations are issued under
such section.
H. R. 4954--9
SEC. 108. ESTABLISHMENT OF INTERAGENCY OPERATIONAL CENTERS
FOR PORT SECURITY.
(a) IN GENERAL.--Chapter 701 of title 46, United States Code,
is amended by inserting after section 70107 the following:
`` 70107A. Interagency operational centers for port security
``(a) IN GENERAL.--The Secretary shall establish interagency
operational centers for port security at all high-priority ports not
later than 3 years after the date of the enactment of the SAFE
Port Act.
``(b) CHARACTERISTICS.--The interagency operational centers
established under this section shall--
``(1) utilize, as appropriate, the compositional and oper-
ational characteristics of existing centers, including--
``(A) the pilot project interagency operational centers
for port security in Miami, Florida; Norfolk/Hampton
Roads, Virginia; Charleston, South Carolina; and San
Diego, California; and
``(B) the virtual operation center of the Port of New
York and New Jersey;
``(2) be organized to fit the security needs, requirements,
and resources of the individual port area at which each is
operating;
``(3) in addition to the Coast Guard, provide, as the Sec-
retary determines appropriate, for participation by representa-
tives of the United States Customs and Border Protection,
the United States Immigration and Customs Enforcement, the
Transportation Security Administration, the Department of
Justice, the Department of Defense, and other Federal agencies,
State and local law enforcement or port security personnel,
members of the Area Maritime Security Committee, and other
public and private sector stakeholders adversely affected by
a transportation security incident or transportation disruption;
and ``(4) be incorporated in the implementation and administra-
tion of-- ``(A) maritime transportation security plans developed
under section 70103;
``(B) maritime intelligence activities under section
70113 and information sharing activities consistent with
section 1016 of the National Security Intelligence Reform
Act of 2004 (6 U.S.C. 485) and the Homeland Security
Information Sharing Act (6 U.S.C. 481 et seq.);
``(C) short- and long-range vessel tracking under sec-
tions 70114 and 70115;
``(D) protocols under section 201(b)(10) of the SAFE
Port Act;
``(E) the transportation security incident response plans
required by section 70104; and
``(F) other activities, as determined by the Secretary.
``(c) SECURITY CLEARANCES.--The Secretary shall sponsor and
expedite individuals participating in interagency operational centers
in gaining or maintaining their security clearances. Through the
Captain of the Port, the Secretary may identify key individuals
who should participate. The port or other entities may appeal
to the Captain of the Port for sponsorship.
H. R. 4954--10

``(d) SECURITY INCIDENTS.--During a transportation security
incident on or adjacent to waters subject to the jurisdiction of
the United States, the Coast Guard Captain of the Port designated
by the Commandant of the Coast Guard in a maritime security
command center described in subsection (a) shall act as the incident
commander, unless otherwise directed by the President.
``(e) RULE OF CONSTRUCTION.--Nothing in this section shall
be construed to affect the normal command and control procedures
for operational entities in the Department, unless so directed by
the Secretary.
``(f) AUTHORIZATION OF APPROPRIATIONS.--There are authorized
to be appropriated $60,000,000 for each of the fiscal years 2007
through 2012 to carry out this section.''.
(b) REPORT REQUIREMENT.--Nothing in this section or the
amendments made by this section relieves the Commandant of
the Coast Guard from complying with the requirements of section
807 of the Coast Guard and Maritime Transportation Act of 2004
(Public Law 108293; 118 Stat. 1082). The Commandant shall uti-
lize the information developed in making the report required by
that section in carrying out the requirements of this section.
(c) BUDGET AND COST-SHARING ANALYSIS.--Not later than 180
days after the date of the enactment of this Act, the Secretary
of the department in which the Coast Guard is operating shall
submit to the appropriate congressional committees a proposed
budget analysis for implementing section 70107A of title 46, United
States Code, as added by subsection (a), including cost-sharing
arrangements with other Federal departments and agencies
involved in the interagency operation of the centers to be established
under such section.
(d) CLERICAL AMENDMENT.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by inserting after
the item relating to section 70107 the following:
``70107A. Interagency operational centers for port security''.

SEC. 109. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE OUTER
CONTINENTAL SHELF.
(a) NOTICE OF ARRIVAL.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall update and finalize
the rulemaking on notice of arrival for foreign vessels on the Outer
Continental Shelf.
(b) CONTENT OF REGULATIONS.--The regulations promulgated
pursuant to subsection (a) shall be consistent with information
required under the Notice of Arrival under section 160.206 of title
33, Code of Federal Regulations, as in effect on the date of the
enactment of this Act.
SEC. 110. ENHANCED CREWMEMBER IDENTIFICATION.
Section 70111 of title 46, United States Code, is amended--
(1) in subsection (a) by striking ``The'' and inserting ``Not
later than 1 year after the date of enactment of the SAFE
Port Act, the''; and
(2) in subsection (b) by striking ``The'' and inserting ``Not
later than 1 year after the date of enactment of the SAFE
Port Act, the''.
H. R. 4954--11

Subtitle B--Port Security Grants; Training
and Exercise Programs
SEC. 111. RISK ASSESSMENT TOOL.
In updating Area Maritime Security Plans required under sec-
tion 70103(b)(2)(F) of title 46, United States Code, and in applying
for grants under section 70107 of such title, the Secretary of the
Department in which the Coast Guard is operating shall make
available, and Area Maritime Security Committees may use a risk
assessment tool that uses standardized risk criteria, such as the
Maritime Security Risk Assessment Tool used by the Coast Guard.
SEC. 112. PORT SECURITY GRANTS.
(a) BASIS FOR GRANTS.--Section 70107(a) of title 46, United
States Code, is amended by striking ``for making a fair and equitable
allocation of funds'' and inserting ``for the allocation of funds based
on risk''.
(b) ELIGIBLE USES.--Section 70107(b) of title 46, United States
Code, is amended--
(1) in paragraph (2), by inserting after ``crewmembers.''
the following: ``Grants awarded under this section may not
be used to construct buildings or other physical facilities, except
those which are constructed under terms and conditions con-
sistent with the requirements under section 611(j)(8) of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121(j)(8)), including those facilities in support
of this paragraph, and specifically approved by the Secretary.
Costs eligible for funding under this paragraph may not exceed
the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the grant.''; and
(2) by adding at the end the following:
``(5) The cost of conducting exercises or training for preven-
tion and detection of, preparedness for, response to, or recovery
from terrorist attacks.
``(6) The cost of establishing or enhancing mechanisms for
sharing terrorism threat information and ensuring that the
mechanisms are interoperable with Federal, State, and local
agencies.
``(7) The cost of equipment (including software) required
to receive, transmit, handle, and store classified information.''.
(c) MULTIPLE-YEAR PROJECTS, ETC.--Section 70107 of title 46,
United States Code, is amended--
(1) by redesignating subsections (e), (f), (g), (h), and (i)
as subsections (i), (j), (k), (l), and (m), respectively, and by
inserting after subsection (d) the following:
``(e) MULTIPLE-YEAR PROJECTS.--
``(1) LETTERS OF INTENT.--The Secretary may execute let-
ters of intent to commit funding to such authorities, operators,
and agencies.
``(2) LIMITATION.--Not more than 20 percent of the grant
funds awarded under this subsection in any fiscal year may
be awarded for projects that span multiple years.
H. R. 4954--12

``(f) CONSISTENCY WITH PLANS.--The Secretary shall ensure
that each grant awarded under subsection (e)--
``(1) is used to supplement and support, in a consistent
and coordinated manner, the applicable Area Maritime
Transportation Security Plan; and
``(2) is coordinated with any applicable State or Urban
Area Homeland Security Plan.
``(g) APPLICATIONS.--Any entity subject to an Area Maritime
Transportation Security Plan may submit an application for a grant
under this section, at such time, in such form, and containing
such information and assurances as the Secretary may require.
``(h) REPORTS.--Not later than 180 days after the date of the
enactment of the SAFE Port Act, the Secretary, acting through
the Commandant of the Coast Guard, shall submit a report to
Congress, in a secure format, describing the methodology used
to allocate port security grant funds on the basis of risk.''; and
(2) in subsection (i)(1), as redesignated, by striking ``pro-
gram'' and inserting ``Secretary''.
(d) AUTHORIZATION OF APPROPRIATIONS.--Section 70107(l) of
title 46, United States Code, as redesignated, is amended to read
as follows:
``(l) AUTHORIZATION OF APPROPRIATIONS.--There are authorized
to be appropriated $400,000,000 for each of the fiscal years 2007
through 2011 to carry out this section.''.
(e) BASIS FOR GRANTS.--Section 70107(a) of title 46, United
States Code, is amended by striking ``national economic and stra-
tegic defense concerns'' and inserting ``national economic, energy,
and strategic defense concerns based upon the most current risk
assessments available''.
SEC. 113. PORT SECURITY TRAINING PROGRAM.
(a) IN GENERAL.--The Secretary, acting through the Under
Secretary for Preparedness and in coordination with the Com-
mandant of the Coast Guard, shall establish a Port Security
Training Program (referred to in this section as the ``Training
Program'') for the purpose of enhancing the capabilities of each
facility required to submit a plan under section 70103(c) of title
46, United States Code, to prevent, prepare for, respond to, mitigate
against, and recover from threatened or actual acts of terrorism,
natural disasters, and other emergencies.
(b) REQUIREMENTS.--The Training Program shall provide vali-
dated training that--
(1) reaches multiple disciplines, including Federal, State,
and local government officials, commercial seaport personnel
and management, and governmental and nongovernmental
emergency response providers;
(2) provides training at the awareness, performance, and
management and planning levels;
(3) utilizes multiple training mediums and methods;
(4) addresses port security topics, including--
(A) facility security plans and procedures, including
how security plans and procedures are adjusted when
threat levels increase;
(B) facility security force operations and management;
(C) physical security and access control at facilities;
(D) methods of security for preventing and countering
cargo theft;
H. R. 4954--13

(E) container security;
(F) recognition and detection of weapons, dangerous
substances, and devices;
(G) operation and maintenance of security equipment
and systems;
(H) security threats and patterns;
(I) security incident procedures, including procedures
for communicating with governmental and nongovern-
mental emergency response providers; and
(J) evacuation procedures;
(5) is consistent with, and supports implementation of,
the National Incident Management System, the National
Response Plan, the National Infrastructure Protection Plan,
the National Preparedness Guidance, the National Prepared-
ness Goal, the National Maritime Transportation Security Plan,
and other such national initiatives;
(6) is evaluated against clear and consistent performance
measures;
(7) addresses security requirements under facility security
plans; and
(8) educates, trains, and involves individuals in neighbor-
hoods around facilities required to submit a plan under section
70103(c) of title 46, United States Code, on how to observe
and report security risks.
(c) VESSEL AND FACILITY SECURITY PLANS.--Section 70103(c)(3)
of title 46, United States Code, is amended--
(1) by redesignating subparagraphs (F), (G), and (H) (as
added by section 102(1)(D)) as subparagraphs (G), (H), and
(I), respectively; and
(2) by inserting after subparagraph (E) the following:
``(F) provide a strategy and timeline for conducting training
and periodic unannounced drills;''.
(d) CONSULTATION.--The Secretary shall ensure that, in car-
rying out the Program, the Office of Grants and Training shall
consult with commercial seaport personnel and management.
(e) TRAINING PARTNERS.--In developing and delivering training
under the Training Program, the Secretary, in coordination with
the Maritime Administration of the Department of Transportation,
and consistent with section 109 of the Maritime Transportation
Security Act of 2002 (46 U.S.C. 70101 note), shall--
(1) work with government training facilities, academic
institutions, private organizations, employee organizations, and
other entities that provide specialized, state-of-the-art training
for governmental and nongovernmental emergency responder
providers or commercial seaport personnel and management;
and (2) utilize, as appropriate, government training facilities,
courses provided by community colleges, public safety acad-
emies, State and private universities, and other facilities.
SEC. 114. PORT SECURITY EXERCISE PROGRAM.
(a) IN GENERAL.--The Secretary, acting through the Under
Secretary for Preparedness and in coordination with the Com-
mandant of the Coast Guard, shall establish a Port Security Exer-
cise Program (referred to in this section as the ``Exercise Program'')
for the purpose of testing and evaluating the capabilities of Federal,
State, local, and foreign governments, commercial seaport personnel
H. R. 4954--14

and management, governmental and nongovernmental emergency
response providers, the private sector, or any other organization
or entity, as the Secretary determines to be appropriate, to prevent,
prepare for, mitigate against, respond to, and recover from acts
of terrorism, natural disasters, and other emergencies at facilities
required to submit a plan under section 70103(c) of title 46, United
States Code.
(b) REQUIREMENTS.--The Secretary shall ensure that the Exer-
cise Program--
(1) conducts, on a periodic basis, port security exercises
at such facilities that are--
(A) scaled and tailored to the needs of each facility;
(B) live, in the case of the most at-risk facilities;
(C) as realistic as practicable and based on current
risk assessments, including credible threats,
vulnerabilities, and consequences;
(D) consistent with the National Incident Management
System, the National Response Plan, the National Infra-
structure Protection Plan, the National Preparedness Guid-
ance, the National Preparedness Goal, the National Mari-
time Transportation Security Plan, and other such national
initiatives;
(E) evaluated against clear and consistent performance
measures;
(F) assessed to learn best practices, which shall be
shared with appropriate Federal, State, and local officials,
commercial seaport personnel and management, govern-
mental and nongovernmental emergency response pro-
viders, and the private sector; and
(G) followed by remedial action in response to lessons
learned; and
(2) assists State and local governments and facilities in
designing, implementing, and evaluating exercises that--
(A) conform to the requirements of paragraph (1); and
(B) are consistent with any applicable Area Maritime
Transportation Security Plan and State or Urban Area
Homeland Security Plan.
(c) IMPROVEMENT PLAN.--The Secretary shall establish a port
security exercise improvement plan process to--
(1) identify and analyze each port security exercise for
lessons learned and best practices;
(2) disseminate lessons learned and best practices to
participants in the Exercise Program;
(3) monitor the implementation of lessons learned and best
practices by participants in the Exercise Program; and
(4) conduct remedial action tracking and long-term trend
analysis.
SEC. 115. FACILITY EXERCISE REQUIREMENTS.
The Secretary of the Department in which the Coast Guard
is operating shall require each high risk facility to conduct live
or full-scale exercises described in section 105.220(c) of title 33,
Code of Federal Regulations, not less frequently than once every
2 years, in accordance with the facility security plan required under
section 70103(c) of title 46, United States Code.
H. R. 4954--15

Subtitle C--Port Operations
SEC. 121. DOMESTIC RADIATION DETECTION AND IMAGING.
(a) SCANNING CONTAINERS.--Subject to section 1318 of title
19, United States Code, not later than December 31, 2007, all
containers entering the United States through the 22 ports through
which the greatest volume of containers enter the United States
by vessel shall be scanned for radiation. To the extent practicable,
the Secretary shall deploy next generation radiation detection tech-
nology.
(b) STRATEGY.--The Secretary shall develop a strategy for the
deployment of radiation detection capabilities that includes--
(1) a risk-based prioritization of ports of entry at which
radiation detection equipment will be deployed;
(2) a proposed timeline of when radiation detection equip-
ment will be deployed at each port of entry identified under
paragraph (1);
(3) the type of equipment to be used at each port of entry
identified under paragraph (1), including the joint deployment
and utilization of radiation detection equipment and nonintru-
sive imaging equipment;
(4) standard operating procedures for examining containers
with such equipment, including sensor alarming, networking,
and communications and response protocols;
(5) operator training plans;
(6) an evaluation of the environmental health and safety
impacts of nonintrusive imaging technology and a radiation
risk reduction plan, in consultation with the Nuclear Regulatory
Commission, the Occupational Safety and Health Administra-
tion, and the National Institute for Occupational Safety and
Health, that seeks to minimize radiation exposure of workers
and the public to levels as low as reasonably achievable;
(7) the policy of the Department for using nonintrusive
imaging equipment in tandem with radiation detection equip-
ment; and
(8) a classified annex that--
(A) details plans for covert testing; and
(B) outlines the risk-based prioritization of ports of
entry identified under paragraph (1).
(c) REPORT.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit the strategy
developed under subsection (b) to the appropriate congressional
committees.
(d) UPDATE.--Not later than 180 days after the date of the
submission of the report under subsection (c), the Secretary shall
provide a more complete evaluation under subsection (b)(6).
(e) OTHER WEAPONS OF MASS DESTRUCTION THREATS.--Not
later than 180 days after the date of the enactment of this Act,
the Secretary shall submit to the appropriate congressional commit-
tees a report on the feasibility of, and a strategy for, the develop-
ment of equipment to detect and prevent shielded nuclear and
radiological threat material and chemical, biological, and other
weapons of mass destruction from entering the United States.
(f) STANDARDS.--The Secretary, acting through the Director
for Domestic Nuclear Detection and in collaboration with the
H. R. 4954--16

National Institute of Standards and Technology, shall publish tech-
nical capability standards and recommended standard operating
procedures for the use of nonintrusive imaging and radiation detec-
tion equipment in the United States. Such standards and proce-
dures-- (1) should take into account relevant standards and proce-
dures utilized by other Federal departments or agencies as
well as those developed by international bodies; and
(2) shall not be designed so as to endorse specific companies
or create sovereignty conflicts with participating countries.
(g) IMPLEMENTATION.--Not later than 3 years after the date
of the enactment of this Act, the Secretary shall fully implement
the strategy developed under subsection (b).
(h) EXPANSION TO OTHER UNITED STATES PORTS OF ENTRY.--
(1) IN GENERAL.--As soon as practicable after--
(A) implementation of the program for the examination
of containers for radiation at ports of entry described in
subsection (a); and
(B) submission of the strategy developed under sub-
section (b) (and updating, if any, of that strategy under
subsection (c)),
but not later than December 31, 2008, the Secretary shall
expand the strategy developed under subsection (b), in a
manner consistent with the requirements of subsection (b),
to provide for the deployment of radiation detection capabilities
at all other United States ports of entry not covered by the
strategy developed under subsection (b).
(2) RISK ASSESSMENT.--In expanding the strategy under
paragraph (1), the Secretary shall identify and assess the risks
to those other ports of entry in order to determine what equip-
ment and practices will best mitigate the risks.
(i) INTERMODAL RAIL RADIATION DETECTION TEST CENTER.--
(1) ESTABLISHMENT.--In accordance with subsection (b),
and in order to comply with this section, the Secretary shall
establish an Intermodal Rail Radiation Detection Test Center
(referred to in this subsection as the ``Test Center'').
(2) PROJECTS.--The Secretary shall conduct multiple,
concurrent projects at the Test Center to rapidly identify and
test concepts specific to the challenges posed by on-dock rail.
(3) LOCATION.--The Test Center shall be located within
a public port facility at which a majority of the containerized
cargo is directly laden from (or unladen to) on-dock, intermodal
rail.
SEC. 122. INSPECTION OF CAR FERRIES ENTERING FROM ABROAD.
Not later than 120 days after the date of the enactment of
this Act, the Secretary, acting through the Commissioner, and in
coordination with the Secretary of State and in cooperation with
ferry operators and appropriate foreign government officials, shall
seek to develop a plan for the inspection of passengers and vehicles
before such passengers board, or such vehicles are loaded onto,
a ferry bound for a United States facility required to submit a
plan under section 70103(c) of title 46, United States Code.
SEC. 123. RANDOM SEARCHES OF CONTAINERS.
Not later than 1 year after the date of the enactment of this
Act, the Secretary, acting through the Commissioner, shall develop
and implement a plan, utilizing best practices for empirical scientific
H. R. 4954--17

research design and random sampling, to conduct random searches
of containers in addition to any targeted or preshipment inspection
of such containers required by law or regulation or conducted under
any other program conducted by the Secretary. Nothing in this
section shall be construed to mean that implementation of the
random sampling plan precludes additional searches of containers
not inspected pursuant to the plan.
SEC. 124. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.
Section 70101(6) of title 46, United States Code, is amended
by adding at the end the following: ``In this paragraph, the term
`economic disruption' does not include a work stoppage or other
employee-related action not related to terrorism and resulting from
an employee-employer dispute.''.
SEC. 125. THREAT ASSESSMENT SCREENING OF PORT TRUCK DRIVERS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall implement a threat assessment
screening, including name-based checks against terrorist watch lists
and immigration status check, for all port truck drivers with access
to secure areas of a port who have a commercial driver's license
but do not have a current and valid hazardous materials endorse-
ment issued in accordance with section 1572 of title 49, Code
of Federal Regulations, that is the same as the threat assessment
screening required for facility employees and longshoremen by the
Commandant of the Coast Guard under Coast Guard Notice USCG
200624189 (Federal Register, Vol. 71, No. 82, Friday, April 28,
2006).
SEC. 126. BORDER PATROL UNIT FOR UNITED STATES VIRGIN ISLANDS.
(a) IN GENERAL.--The Secretary may establish at least 1 Border
Patrol unit for the United States Virgin Islands.
(b) REPORT.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that includes the schedule,
if any, for carrying out subsection (a).
SEC. 127. REPORT ON ARRIVAL AND DEPARTURE MANIFESTS FOR CER-
TAIN COMMERCIAL VESSELS IN THE UNITED STATES
VIRGIN ISLANDS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate congressional
committees a report on the impact of implementing the require-
ments of section 231 of the Immigration and Nationality Act (8
U.S.C. 1221) (relating to providing United States border officers
with arrival and departure manifests) with respect to commercial
vessels that are fewer than 300 gross tons and operate exclusively
between the territorial waters of the United States Virgin Islands
and the territorial waters of the British Virgin Islands.
SEC. 128. CENTER OF EXCELLENCE FOR MARITIME DOMAIN AWARE-
NESS.
(a) ESTABLISHMENT.--The Secretary shall establish a univer-
sity-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 cen-
ters of excellence.
H. R. 4954--18

(b) DUTIES.--The Center established under subsection (a)
shall-- (1) prioritize its activities based on the ``National Plan
To Improve Maritime Domain Awareness'' published by the
Department in October 2005;
(2) recognize the extensive previous and ongoing work and
existing competence in the field of maritime domain awareness
at numerous academic and research institutions, such as the
Naval Postgraduate School;
(3) leverage existing knowledge and continue development
of a broad base of expertise within academia and industry
in maritime domain awareness; and
(4) provide educational, technical, and analytical assistance
to Federal agencies with responsibilities for maritime domain
awareness, including the Coast Guard, to focus on the need
for interoperability, information sharing, and common informa-
tion technology standards and architecture.

TITLE II--SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN
Subtitle A--General Provisions
SEC. 201. STRATEGIC PLAN TO ENHANCE THE SECURITY OF THE
INTERNATIONAL SUPPLY CHAIN.
(a) STRATEGIC PLAN.--The Secretary, in consultation with
appropriate Federal, State, local, and tribal government agencies
and private sector stakeholders responsible for security matters
that affect or relate to the movement of containers through the
international supply chain, shall develop, implement, and update,
as appropriate, a strategic plan to enhance the security of the
international supply chain.
(b) REQUIREMENTS.--The strategic plan required under sub-
section (a) shall--
(1) describe the roles, responsibilities, and authorities of
Federal, State, local, and tribal government agencies and pri-
vate-sector stakeholders that relate to the security of the move-
ment of containers through the international supply chain;
(2) identify and address gaps and unnecessary overlaps
in the roles, responsibilities, or authorities described in para-
graph (1);
(3) identify and make recommendations regarding legisla-
tive, regulatory, and organizational changes necessary to
improve coordination among the entities or to enhance the
security of the international supply chain;
(4) provide measurable goals, including objectives, mecha-
nisms, and a schedule, for furthering the security of commercial
operations from point of origin to point of destination;
(5) build on available resources and consider costs and
benefits;
(6) provide incentives for additional voluntary measures
to enhance cargo security, as recommended by the Commis-
sioner;
(7) consider the impact of supply chain security require-
ments on small- and medium-sized companies;
H. R. 4954--19

(8) include a process for sharing intelligence and informa-
tion with private-sector stakeholders to assist in their security
efforts;
(9) identify a framework for prudent and measured
response in the event of a transportation security incident
involving the international supply chain;
(10) provide protocols for the expeditious resumption of
the flow of trade in accordance with section 202;
(11) consider the linkages between supply chain security
and security programs within other systems of movement,
including travel security and terrorism finance programs; and
(12) expand upon and relate to existing strategies and
plans, including the National Response Plan, the National Mari-
time Transportation Security Plan, the National Strategy for
Maritime Security, and the 8 supporting plans of the Strategy,
as required by Homeland Security Presidential Directive 13.
(c) CONSULTATION.--In developing protocols under subsection
(b)(10), the Secretary shall consult with Federal, State, local, and
private sector stakeholders, including the National Maritime Secu-
rity Advisory Committee and the Commercial Operations Advisory
Committee.
(d) COMMUNICATION.--To the extent practicable, the strategic
plan developed under subsection (a) shall provide for coordination
with, and lines of communication among, appropriate Federal, State,
local, and private-sector stakeholders on law enforcement actions,
intermodal rerouting plans, and other strategic infrastructure issues
resulting from a transportation security incident or transportation
disruption.
(e) UTILIZATION OF ADVISORY COMMITTEES.--As part of the
consultations described in subsection (a), the Secretary shall, to
the extent practicable, utilize the Homeland Security Advisory Com-
mittee, the National Maritime Security Advisory Committee, and
the Commercial Operations Advisory Committee to review, as nec-
essary, the draft strategic plan and any subsequent updates to
the strategic plan.
(f) INTERNATIONAL STANDARDS AND PRACTICES.--In furtherance
of the strategic plan required under subsection (a), the Secretary
is encouraged to consider proposed or established standards and
practices of foreign governments and international organizations,
including the International Maritime Organization, the World Cus-
toms Organization, the International Labor Organization, and the
International Organization for Standardization, as appropriate, to
establish standards and best practices for the security of containers
moving through the international supply chain.
(g) REPORT.--
(1) INITIAL REPORT.--Not later than 270 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report that con-
tains the strategic plan required by subsection (a).
(2) FINAL REPORT.--Not later than 3 years after the date
on which the strategic plan is submitted under paragraph (1),
the Secretary shall submit a report to the appropriate congres-
sional committees that contains an update of the strategic
plan.
H. R. 4954--20
SEC. 202. POST-INCIDENT RESUMPTION OF TRADE.
(a) IN GENERAL.--The Secretary shall develop and update, as
necessary, protocols for the resumption of trade in accordance with
section 201(b)(10) in the event of a transportation disruption or
a transportation security incident. The protocols shall include--
(1) the identification of the appropriate initial incident
commander, if the Commandant of the Coast Guard is not
the appropriate person, and lead departments, agencies, or
offices to execute such protocols;
(2) a plan to redeploy resources and personnel, as nec-
essary, to reestablish the flow of trade;
(3) a plan to provide training for the periodic instruction
of personnel of the United States Customs and Border Protec-
tion, the Coast Guard, and the Transportation Security
Administration in trade resumption functions and responsibil-
ities; and
(4) appropriate factors for establishing prioritization of ves-
sels and cargo determined by the President to be critical for
response and recovery, including factors relating to public
health, national security, and economic need.
(b) VESSELS.--In determining the prioritization of vessels
accessing facilities (as defined under section 70101 of title 46,
United States Code), the Commandant of the Coast Guard may,
to the extent practicable and consistent with the protocols and
plans required under this section to ensure the safe and secure
transit of vessels to ports in the United States after a transportation
security incident, give priority to a vessel--
(1) that has an approved security plan under section
70103(c) of title 46, United States Code, or a valid international
ship security certificate, as provided under part 104 of title
33, Code of Federal Regulations;
(2) that is manned by individuals who are described in
section 70105(b)(2)(B) of title 46, United States Code; and
(3) that is operated by validated participants in the Cus-
toms-Trade Partnership Against Terrorism program.
(c) CARGO.--In determining the prioritization of the resumption
of the flow of cargo and consistent with the protocols established
under this section, the Commissioner may give preference to cargo--
(1) entering a port of entry directly from a foreign seaport
designated under the Container Security Initiative;
(2) from the supply chain of a validated CTPAT partici-
pant and other private sector entities, as appropriate; or
(3) that has undergone--
(A) a nuclear or radiological detection scan;
(B) an x-ray, density, or other imaging scan; and
(C) a system to positively identify the container at
the last port of departure prior to arrival in the United
States, which data has been evaluated and analyzed by
personnel of the United States Customs and Border Protec-
tion.
(d) COORDINATION.--The Secretary shall ensure that there is
appropriate coordination among the Commandant of the Coast
Guard, the Commissioner, and other Federal officials following a
maritime disruption or maritime transportation security incident
in order to provide for the resumption of trade.
(e) COMMUNICATION.--Consistent with section 201, the Com-
mandant of the Coast Guard, Commissioner, and other appropriate
H. R. 4954--21

Federal officials, shall promptly communicate any revised proce-
dures or instructions intended for the private sector following a
maritime disruption or maritime transportation security incident.
SEC. 203. AUTOMATED TARGETING SYSTEM.
(a) IN GENERAL.--The Secretary, acting through the Commis-
sioner, shall--
(1) identify and seek the submission of data related to
the movement of a shipment of cargo through the international
supply chain; and
(2) analyze the data described in paragraph (1) to identify
high-risk cargo for inspection.
(b) REQUIREMENT.--The Secretary, acting through the Commis-
sioner, shall require the electronic transmission to the Department
of additional data elements for improved high-risk targeting,
including appropriate security elements of entry data, as determined
by the Secretary, to be provided as advanced information with
respect to cargo destined for importation into the United States
prior to loading of such cargo on vessels at foreign seaports.
(c) CONSIDERATION.--The Secretary, acting through the
Commissioner, shall--
(1) consider the cost, benefit, and feasibility of--
(A) requiring additional nonmanifest documentation;
(B) reducing the time period allowed by law for revi-
sions to a container cargo manifest;
(C) reducing the time period allowed by law for submis-
sion of certain elements of entry data, for vessel or cargo;
and (D) such other actions the Secretary considers bene-
ficial for improving the information relied upon for the
Automated Targeting System and any successor targeting
system in furthering the security and integrity of the inter-
national supply chain; and
(2) consult with stakeholders, including the Commercial
Operations Advisory Committee, and identify to them the need
for such information, and the appropriate timing of its submis-
sion.
(d) REGULATIONS.--The Secretary shall promulgate regulations
to carry out this section. In promulgating such regulations, the
Secretary shall adhere to the parameters applicable to the develop-
ment of regulations under section 343(a) of the Trade Act of 2002
(19 U.S.C. 2071 note), including provisions relating to consultation,
technology, analysis, use of information, confidentiality, and timing
requirements.
(e) SYSTEM IMPROVEMENTS.--The Secretary, acting through the
Commissioner, shall--
(1) conduct, through an independent panel, a review of
the effectiveness and capabilities of the Automated Targeting
System;
(2) consider future iterations of the Automated Targeting
System, which would incorporate smart features, such as more
complex algorithms and real-time intelligence, instead of
relying solely on rule sets that are periodically updated;
(3) ensure that the Automated Targeting System has the
capability to electronically compare manifest and other avail-
able data for cargo entered into or bound for the United States
H. R. 4954--22

to detect any significant anomalies between such data and
facilitate the resolution of such anomalies;
(4) ensure that the Automated Targeting System has the
capability to electronically identify, compile, and compare select
data elements for cargo entered into or bound for the United
States following a maritime transportation security incident,
in order to efficiently identify cargo for increased inspection
or expeditious release; and
(5) develop a schedule to address the recommendations
of the Comptroller General of the United States, the Inspector
General of the Department of the Treasury, and the Inspector
General of the Department with respect to the operation of
the Automated Targeting System.
(f) SECURE TRANSMISSION OF CERTAIN INFORMATION.--All
information required by the Department from supply chain partners
shall be transmitted in a secure fashion, as determined by the
Secretary, so as to protect the information from unauthorized access.
(g) AUTHORIZATION OF APPROPRIATIONS.--There are authorized
to be appropriated to the United States Customs and Border Protec-
tion to carry out the Automated Targeting System for identifying
high-risk oceanborne container cargo for inspection--
(1) $33,200,000 for fiscal year 2008;
(2) $35,700,000 for fiscal year 2009; and
(3) $37,485,000 for fiscal year 2010.
SEC. 204. CONTAINER SECURITY STANDARDS AND PROCEDURES.
(a) ESTABLISHMENT.--
(1) IN GENERAL.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall initiate a
rulemaking proceeding to establish minimum standards and
procedures for securing containers in transit to the United
States.
(2) INTERIM RULE.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall issue an
interim final rule pursuant to the proceeding described in para-
graph (1).
(3) MISSED DEADLINE.--If the Secretary is unable to meet
the deadline established pursuant to paragraph (2), the Sec-
retary shall submit a letter to the appropriate congressional
committees explaining why the Secretary is unable to meet
that deadline and describing what must be done before such
minimum standards and procedures can be established.
(4) DEADLINE FOR ENFORCEMENT.--Not later than 2 years
after the date on which the standards and procedures are
established pursuant to paragraph (1), all containers bound
for ports of entry in the United States shall meet such stand-
ards and procedures.
(b) REVIEW AND ENHANCEMENT.--The Secretary shall regularly
review and enhance the standards and procedures established
pursuant to subsection (a), as appropriate, based on tests of tech-
nologies as they become commercially available to detect container
intrusion and the highest consequence threats, particularly weapons
of mass destruction.
(c) INTERNATIONAL CARGO SECURITY STANDARDS.--The Sec-
retary, in consultation with the Secretary of State, the Secretary
of Energy, and other Federal Government officials, as appropriate,
and with the Commercial Operations Advisory Committee, the
H. R. 4954--23

Homeland Security Advisory Committee, and the National Maritime
Security Advisory Committee, is encouraged to promote and estab-
lish international standards for the security of containers moving
through the international supply chain with foreign governments
and international organizations, including the International Mari-
time Organization, the International Organization for Standardiza-
tion, the International Labor Organization, and the World Customs
Organization.
(d) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.--In car-
rying out this section, the Secretary shall consult with appropriate
Federal departments and agencies and private sector stakeholders
and ensure that actions under this section do not violate inter-
national trade obligations or other international obligations of the
United States.
SEC. 205. CONTAINER SECURITY INITIATIVE.
(a) ESTABLISHMENT.--The Secretary, acting through the
Commissioner, shall establish and implement a program (referred
to in this section as the ``Container Security Initiative'' or ``CSI'')
to identify and examine or search maritime containers that pose
a security risk before loading such containers in a foreign port
for shipment to the United States, either directly or through a
foreign port.
(b) ASSESSMENT.--The Secretary, acting through the Commis-
sioner, may designate foreign seaports to participate in the Con-
tainer Security Initiative after the Secretary has assessed the costs,
benefits, and other factors associated with such designation,
including--
(1) the level of risk for the potential compromise of con-
tainers by terrorists, or other threats as determined by the
Secretary;
(2) the volume of cargo being imported to the United States
directly from, or being transshipped through, the foreign sea-
port;(3) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;
(4) the commitment of the government of the country in
which the foreign seaport is located to cooperating with the
Department in sharing critical data and risk management
information and to maintain programs to ensure employee
integrity; and
(5) the potential for validation of security practices at the
foreign seaport by the Department.
(c) NOTIFICATION.--The Secretary shall notify the appropriate
congressional committees of the designation of a foreign port under
the Container Security Initiative or the revocation of such a designa-
tion before notifying the public of such designation or revocation.
(d) NEGOTIATIONS.--The Secretary, in cooperation with the Sec-
retary of State and in consultation with the United States Trade
Representative, may enter into negotiations with the government
of each foreign nation in which a seaport is designated under
the Container Security Initiative to ensure full compliance with
the requirements under the Container Security Initiative.
(e) OVERSEAS INSPECTIONS.--
(1) REQUIREMENTS AND PROCEDURES.--The Secretary
shall--
H. R. 4954--24

(A) establish minimum technical capability criteria and
standard operating procedures for the use of nonintrusive
inspection and nuclear and radiological detection systems
in conjunction with CSI;
(B) require each port designated under CSI to operate
nonintrusive inspection and nuclear and radiological detec-
tion systems in accordance with the technical capability
criteria and standard operating procedures established
under subparagraph (A);
(C) continually monitor the technologies, processes, and
techniques used to inspect cargo at ports designated under
CSI to ensure adherence to such criteria and the use of
such procedures; and
(D) consult with the Secretary of Energy in establishing
the minimum technical capability criteria and standard
operating procedures established under subparagraph (A)
pertaining to radiation detection technologies to promote
consistency in detection systems at foreign ports designated
under CSI.
(2) CONSTRAINTS.--The criteria and procedures established
under paragraph (1)(A)--
(A) shall be consistent, as practicable, with relevant
standards and procedures utilized by other Federal depart-
ments or agencies, or developed by international bodies
if the United States consents to such standards and proce-
dures;
(B) shall not apply to activities conducted under the
Megaports Initiative of the Department of Energy; and
(C) shall not be designed to endorse the product or
technology of any specific company or to conflict with the
sovereignty of a country in which a foreign seaport des-
ignated under the Container Security Initiative is located.
(f) SAVINGS PROVISION.--The authority of the Secretary under
this section shall not affect any authority or duplicate any efforts
or responsibilities of the Federal Government with respect to the
deployment of radiation detection equipment outside of the United
States.
(g) COORDINATION.--The Secretary shall--
(1) coordinate with the Secretary of Energy, as necessary,
to provide radiation detection equipment required to support
the Container Security Initiative through the Department of
Energy's Second Line of Defense Program and Megaports Initia-
tive; or
(2) work with the private sector or host governments, when
possible, to obtain radiation detection equipment that meets
the Department's and the Department of Energy's technical
specifications for such equipment.
(h) STAFFING.--The Secretary shall develop a human capital
management plan to determine adequate staffing levels in the
United States and in foreign seaports including, as appropriate,
the remote location of personnel in countries in which foreign sea-
ports are designated under the Container Security Initiative.
(i) ANNUAL DISCUSSIONS.--The Secretary, in coordination with
the appropriate Federal officials, shall hold annual discussions with
foreign governments of countries in which foreign seaports des-
ignated under the Container Security Initiative are located
regarding best practices, technical assistance, training needs, and
H. R. 4954--25

technological developments that will assist in ensuring the efficient
and secure movement of international cargo.
(j) LESSER RISK PORT.--The Secretary, acting through the
Commissioner, may treat cargo loaded in a foreign seaport des-
ignated under the Container Security Initiative as presenting a
lesser risk than similar cargo loaded in a foreign seaport that
is not designated under the Container Security Initiative, for the
purpose of clearing such cargo into the United States.
(k) PROHIBITION.--
(1) IN GENERAL.--The Secretary shall issue a ``do not load''
order, using existing authorities, to prevent the onload of any
cargo loaded at a port designated under CSI that has been
identified as high risk, including by the Automated Targeting
System, unless the cargo is determined to no longer be high
risk through--
(A) a scan of the cargo with nonintrusive imaging
equipment and radiation detection equipment;
(B) a search of the cargo; or
(C) additional information received by the Department.
(2) RULE OF CONSTRUCTION.--Nothing in this subsection
shall be construed to interfere with the ability of the Secretary
to deny entry of any cargo into the United States.
(l) REPORT.--
(1) IN GENERAL.--Not later than September 30, 2007, the
Secretary, acting through the Commissioner, shall, in consulta-
tion with other appropriate government officials and the
Commercial Operations Advisory Committee, submit a report
to the appropriate congressional committees on the effectiveness
of, and the need for any improvements to, the Container Secu-
rity Initiative. The report shall include--
(A) a description of the technical assistance delivered
to, as well as needed at, each designated seaport;
(B) a description of the human capital management
plan at each designated seaport;
(C) a summary of the requests made by the United
States to foreign governments to conduct physical or non-
intrusive inspections of cargo at designated seaports, and
whether each such request was granted or denied by the
foreign government;
(D) an assessment of the effectiveness of screening,
scanning, and inspection protocols and technologies utilized
at designated seaports and the effect on the flow of com-
merce at such seaports, as well as any recommendations
for improving the effectiveness of screening, scanning, and
inspection protocols and technologies utilized at designated
seaports;
(E) a description and assessment of the outcome of
any security incident involving a foreign seaport designated
under the Container Security Initiative;
(F) the rationale for the continuance of each port des-
ignated under CSI;
(G) a description of the potential for remote targeting
to decrease the number of personnel who are deployed
at foreign ports under CSI; and
(H) a summary and assessment of the aggregate
number and extent of trade compliance lapses at each
seaport designated under the Container Security Initiative.
H. R. 4954--26

(2) UPDATED REPORT.--Not later than September 30, 2010,
the Secretary, acting through the Commissioner, shall, in con-
sultation with other appropriate government officials and the
Commercial Operations Advisory Committee, submit an
updated report to the appropriate congressional committees
on the effectiveness of, and the need for any improvements
to, the Container Security Initiative. The updated report shall
address each of the elements required to be included in the
report provided for under paragraph (1).
(m) AUTHORIZATION OF APPROPRIATIONS.--There are authorized
to be appropriated to the United States Customs and Border Protec-
tion to carry out the provisions of this section--
(1) $144,000,000 for fiscal year 2008;
(2) $146,000,000 for fiscal year 2009; and
(3) $153,300,000 for fiscal year 2010.

Subtitle B--CustomsTrade Partnership
Against Terrorism
SEC. 211. ESTABLISHMENT.
(a) ESTABLISHMENT.--The Secretary, acting through the
Commissioner, is authorized to establish a voluntary government-
private sector program (to be known as the ``CustomsTrade Part-
nership Against Terrorism'' or ``CTPAT'') to strengthen and
improve the overall security of the international supply chain and
United States border security, and to facilitate the movement of
secure cargo through the international supply chain, by providing
benefits to participants meeting or exceeding the program require-
ments. Participants in CTPAT shall include Tier 1 participants,
Tier 2 participants, and Tier 3 participants.
(b) MINIMUM SECURITY REQUIREMENTS.--The Secretary, acting
through the Commissioner, shall review the minimum security
requirements of CTPAT at least once every year and update such
requirements as necessary.
SEC. 212. ELIGIBLE ENTITIES.
Importers, customs brokers, forwarders, air, sea, land carriers,
contract logistics providers, and other entities in the international
supply chain and intermodal transportation system are eligible
to apply to voluntarily enter into partnerships with the Department
under CTPAT.
SEC. 213. MINIMUM REQUIREMENTS.
An applicant seeking to participate in CTPAT shall--
(1) demonstrate a history of moving cargo in the inter-
national supply chain;
(2) conduct an assessment of its supply chain based upon
security criteria established by the Secretary, acting through
the Commissioner, including--
(A) business partner requirements;
(B) container security;
(C) physical security and access controls;
(D) personnel security;
(E) procedural security;
(F) security training and threat awareness; and
(G) information technology security;
H. R. 4954--27

(3) implement and maintain security measures and supply
chain security practices meeting security criteria established
by the Commissioner; and
(4) meet all other requirements established by the Commis-
sioner, in consultation with the Commercial Operations
Advisory Committee.
SEC. 214. TIER 1 PARTICIPANTS IN CTPAT.
(a) BENEFITS.--The Secretary, acting through the Commis-
sioner, shall offer limited benefits to a Tier 1 participant who
has been certified in accordance with the guidelines referred to
in subsection (b). Such benefits may include a reduction in the
score assigned pursuant to the Automated Targeting System of
not greater than 20 percent of the high-risk threshold established
by the Secretary.
(b) GUIDELINES.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Commissioner, shall update the guidelines for certifying a CTPAT
participant's security measures and supply chain security practices
under this section. Such guidelines shall include a background
investigation and extensive documentation review.
(c) TIMEFRAME.--To the extent practicable, the Secretary, acting
through the Commissioner, shall complete the Tier 1 certification
process within 90 days of receipt of an application for participation
in CTPAT.
SEC. 215. TIER 2 PARTICIPANTS IN CTPAT.
(a) VALIDATION.--The Secretary, acting through the Commis-
sioner, shall validate the security measures and supply chain secu-
rity practices of a Tier 1 participant in accordance with the guide-
lines referred to in subsection (c). Such validation shall include
on-site assessments at appropriate foreign locations utilized by the
Tier 1 participant in its supply chain and shall, to the extent
practicable, be completed not later than 1 year after certification
as a Tier 1 participant.
(b) BENEFITS.--The Secretary, acting through the Commis-
sioner, shall extend benefits to each CTPAT participant that has
been validated as a Tier 2 participant under this section, which
may include--
(1) reduced scores in the Automated Targeting System;
(2) reduced examinations of cargo; and
(3) priority searches of cargo.
(c) GUIDELINES.--Not later than 180 days after the date of
the enactment of this Act, the Secretary, acting through the
Commissioner, shall develop a schedule and update the guidelines
for validating a participant's security measures and supply chain
security practices under this section.
SEC. 216. TIER 3 PARTICIPANTS IN CTPAT.
(a) IN GENERAL.--The Secretary, acting through the Commis-
sioner, shall establish a third tier of CTPAT participation that
offers additional benefits to participants who demonstrate a sus-
tained commitment to maintaining security measures and supply
chain security practices that exceed the guidelines established for
validation as a Tier 2 participant in CTPAT under section 215.
(b) CRITERIA.--The Secretary, acting through the Commis-
sioner, shall designate criteria for validating a CTPAT participant
H. R. 4954--28

as a Tier 3 participant under this section. Such criteria may
include-- (1) compliance with any additional guidelines established
by the Secretary that exceed the guidelines established pursu-
ant to section 215 of this Act for validating a CTPAT partici-
pant as a Tier 2 participant, particularly with respect to con-
trols over access to cargo throughout the supply chain;
(2) submission of additional information regarding cargo
prior to loading, as determined by the Secretary;
(3) utilization of container security devices, technologies,
policies, or practices that meet standards and criteria estab-
lished by the Secretary; and
(4) compliance with any other cargo requirements estab-
lished by the Secretary.
(c) BENEFITS.--The Secretary, acting through the Commis-
sioner, in consultation with the Commercial Operations Advisory
Committee and the National Maritime Security Advisory Com-
mittee, shall extend benefits to each CTPAT participant that has
been validated as a Tier 3 participant under this section, which
may include--
(1) the expedited release of a Tier 3 participant's cargo
in destination ports within the United States during all threat
levels designated by the Secretary;
(2) further reduction in examinations of cargo;
(3) priority for examinations of cargo; and
(4) further reduction in the risk score assigned pursuant
to the Automated Targeting System; and
(5) inclusion in joint incident management exercises, as
appropriate.
(d) DEADLINE.--Not later than 2 years after the date of the
enactment of this Act, the Secretary, acting through the Commis-
sioner, shall designate appropriate criteria pursuant to subsection
(b) and provide benefits to validated Tier 3 participants pursuant
to subsection (c).
SEC. 217. CONSEQUENCES FOR LACK OF COMPLIANCE.
(a) IN GENERAL.--If at any time a CTPAT participant's secu-
rity measures and supply chain security practices fail to meet
any of the requirements under this subtitle, the Commissioner
may deny the participant benefits otherwise available under this
subtitle, in whole or in part. The Commissioner shall develop proce-
dures that provide appropriate protections to CTPAT participants
before benefits are revoked. Such procedures may not limit the
ability of the Commissioner to take actions to protect the national
security of the United States.
(b) FALSE OR MISLEADING INFORMATION.--If a CTPAT partici-
pant knowingly provides false or misleading information to the
Commissioner during the validation process provided for under
this subtitle, the Commissioner shall suspend or expel the partici-
pant from CTPAT for an appropriate period of time. The Commis-
sioner, after the completion of the process under subsection (c),
may publish in the Federal Register a list of participants who
have been suspended or expelled from CTPAT pursuant to this
subsection, and may make such list available to CTPAT partici-
pants.
(c) RIGHT OF APPEAL.--H. R. 4954--29
(1) IN GENERAL.--A CTPAT participant may appeal a deci-
sion of the Commissioner pursuant to subsection (a). Such
appeal shall be filed with the Secretary not later than 90
days after the date of the decision, and the Secretary shall
issue a determination not later than 180 days after the appeal
is filed.
(2) APPEALS OF OTHER DECISIONS.--A CTPAT participant
may appeal a decision of the Commissioner pursuant to sub-
section (b). Such appeal shall be filed with the Secretary not
later than 30 days after the date of the decision, and the
Secretary shall issue a determination not later than 180 days
after the appeal is filed.
SEC. 218. THIRD PARTY VALIDATIONS.
(a) PLAN.--The Secretary, acting through the Commissioner,
shall develop a plan to implement a 1-year voluntary pilot program
to test and assess the feasibility, costs, and benefits of using third
party entities to conduct validations of CTPAT participants.
(b) CONSULTATIONS.--Not later than 120 days after the date
of the enactment of this Act, after consulting with private sector
stakeholders, including the Commercial Operations Advisory Com-
mittee, the Secretary shall submit a report to the appropriate
congressional committees on the plan described in subsection (a).
(c) PILOT PROGRAM.--
(1) IN GENERAL.--Not later than 1 year after the consulta-
tions described in subsection (b), the Secretary shall carry
out the 1-year pilot program to conduct validations of CTPAT
participants using third party entities described in subsection
(a).
(2) AUTHORITY OF THE SECRETARY.--The decision to validate
a CTPAT participant is solely within the discretion of the
Secretary, or the Secretary's designee.
(d) CERTIFICATION OF THIRD PARTY ENTITIES.--The Secretary
shall certify a third party entity to conduct validations under sub-
section (c) if the entity--
(1) demonstrates to the satisfaction of the Secretary that
the entity has the ability to perform validations in accordance
with standard operating procedures and requirements des-
ignated by the Secretary; and
(2) agrees--
(A) to perform validations in accordance with such
standard operating procedures and requirements (and
updates to such procedures and requirements); and
(B) to maintain liability insurance coverage at policy
limits and in accordance with conditions to be established
by the Secretary; and
(3) signs an agreement to protect all proprietary informa-
tion of CTPAT participants with respect to which the entity
will conduct validations.
(e) INFORMATION FOR ESTABLISHING LIMITS OF LIABILITY INSUR-
ANCE.--A third party entity seeking a certificate under subsection
(d) shall submit to the Secretary necessary information for estab-
lishing the limits of liability insurance required to be maintained
by the entity under this Act.
(f) ADDITIONAL REQUIREMENTS.--The Secretary shall ensure
that--
H. R. 4954--30

(1) any third party entity certified under this section does
not have--(A) any beneficial interest in or any direct or indirect
control over the CTPAT participant for which the valida-
tion services are performed; or
(B) any other conflict of interest with respect to the
CTPAT participant; and
(2) the CTPAT participant has entered into a contract
with the third party entity under which the CTPAT participant
agrees to pay all costs associated with the validation.
(g) MONITORING.--
(1) IN GENERAL.--The Secretary shall regularly monitor
and inspect the operations of a third party entity conducting
validations under subsection (c) to ensure that the entity is
meeting the minimum standard operating procedures and
requirements for the validation of CTPAT participants estab-
lished by the Secretary and all other applicable requirements
for validation services.
(2) REVOCATION.--If the Secretary determines that a third
party entity is not meeting the minimum standard operating
procedures and requirements designated by the Secretary under
subsection (d)(1), the Secretary shall--
(A) revoke the entity's certificate of conformance issued
under subsection (d)(1); and
(B) review any validations conducted by the entity.
(h) LIMITATION ON AUTHORITY.--The Secretary may only grant
a CTPAT validation by a third party entity pursuant to subsection
(c) if the CTPAT participant voluntarily submits to validation
by such third party entity.
(i) REPORT.--Not later than 30 days after the completion of
the pilot program conducted pursuant to subsection (c), the Sec-
retary shall submit a report to the appropriate congressional
committees that contains--
(1) the results of the pilot program, including the extent
to which the pilot program ensured sufficient protection for
proprietary commercial information;
(2) the cost and efficiency associated with validations under
the pilot program;
(3) the impact of the pilot program on the rate of validations
conducted under CTPAT;
and (4) any impact on national security of the pilot program;
(5) any recommendations by the Secretary based upon the
results of the pilot program.
SEC. 219. REVALIDATION.
The Secretary, acting through the Commissioner, shall develop
and implement--
(1) a revalidation process for Tier 2 and Tier 3 participants;
(2) a framework based upon objective criteria for identifying
participants for periodic revalidation not less frequently than
once during each 4-year period following the initial validation;
and (3) an annual plan for revalidation that includes--
(A) performance measures;
(B) an assessment of the personnel needed to perform
the revalidations; and
H. R. 4954--31

(C) the number of participants that will be revalidated
during the following year.
SEC. 220. NONCONTAINERIZED CARGO.
The Secretary, acting through the Commissioner, shall consider
the potential for participation in CTPAT by importers of non-
containerized cargoes that otherwise meet the requirements under
this subtitle.
SEC. 221. CTPAT PROGRAM MANAGEMENT.
(a) IN GENERAL.--The Secretary, acting through the Commis-
sioner, shall establish sufficient internal quality controls and record
management to support the management systems of CTPAT. In
managing the program, the Secretary shall ensure that the program
includes: (1) STRATEGIC PLAN.--A 5-year plan to identify outcome-
based goals and performance measures of the program.
(2) ANNUAL PLAN.--An annual plan for each fiscal year
designed to match available resources to the projected workload.
(3) STANDARDIZED WORK PROGRAM.--A standardized work
program to be used by agency personnel to carry out the certifi-
cations, validations, and revalidations of participants. The Sec-
retary shall keep records and monitor staff hours associated
with the completion of each such review.
(b) DOCUMENTATION OF REVIEWS.--The Secretary, acting
through the Commissioner, shall maintain a record management
system to document determinations on the reviews of each C
TPAT participant, including certifications, validations, and revalida-
tions.
(c) CONFIDENTIAL INFORMATION SAFEGUARDS.--In consultation
with the Commercial Operations Advisory Committee, the Sec-
retary, acting through the Commissioner, shall develop and imple-
ment procedures to ensure the protection of confidential data col-
lected, stored, or shared with government agencies or as part of
the application, certification, validation, and revalidation processes.
(d) RESOURCE MANAGEMENT STAFFING PLAN.--The Secretary,
acting through the Commissioner, shall--
(1) develop a staffing plan to recruit and train staff
(including a formalized training program) to meet the objectives
identified in the strategic plan of the CTPAT program; and
(2) provide cross-training in postincident trade resumption
for personnel who administer the CTPAT program.
(e) REPORT TO CONGRESS.--In connection with the President's
annual budget submission for the Department, the Secretary shall
report to the appropriate congressional committees on the progress
made by the Commissioner to certify, validate, and revalidate C
TPAT participants. Such report shall be due on the same date
that the President's budget is submitted to the Congress.
SEC. 222. ADDITIONAL PERSONNEL.
For fiscal years 2008 and 2009, the Commissioner shall increase
by not less than 50 the number of full-time personnel engaged
in the validation and revalidation of CTPAT participants (over
the number of such personnel on the last day of the previous
fiscal year), and shall provide appropriate training and support
to such additional personnel.
H. R. 4954--32
SEC. 223. AUTHORIZATION OF APPROPRIATIONS.
(a) CTPAT.--There are authorized to be appropriated to the
United States Customs and Border Protection to carry out the
provisions of sections 211 through 221 to remain available until
expended--(1) $65,000,000 for fiscal year 2008;
(2) $72,000,000 for fiscal year 2009; and
(3) $75,600,000 for fiscal year 2010.
(b) ADDITIONAL PERSONNEL.--In addition to any amounts other-
wise appropriated to the United States Customs and Border Protec-
tion, there are authorized to be appropriated for the purpose of
meeting the staffing requirement provided for in section 222, to
remain available until expended--
(1) $8,500,000 for fiscal year 2008;
(2) $17,600,000 for fiscal year 2009;
(3) $19,000,000 for fiscal year 2010;
(4) $20,000,000 for fiscal year 2011; and
(5) $21,000,000 for fiscal year 2012.

Subtitle C--Miscellaneous Provisions
SEC. 231. PILOT INTEGRATED SCANNING SYSTEM.
(a) DESIGNATIONS.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall designate 3 foreign
seaports through which containers pass or are transshipped to
the United States for the establishment of pilot integrated scanning
systems that couple nonintrusive imaging equipment and radiation
detection equipment. In making the designations under this sub-
section, the Secretary shall consider 3 distinct ports with unique
features and differing levels of trade volume.
(b) COORDINATION.--The Secretary shall--
(1) coordinate with the Secretary of Energy, as necessary,
to provide radiation detection equipment through the Depart-
ment of Energy's Second Line of Defense and Megaports pro-
grams; or
(2) work with the private sector or, when possible, host
governments to obtain radiation detection equipment that
meets both the Department's and the Department of Energy's
technical specifications for such equipment.
(c) PILOT SYSTEM IMPLEMENTATION.--Not later than 1 year
after the date of the enactment of this Act, the Secretary shall
achieve a full-scale implementation of the pilot integrated scanning
system at the ports designated under subsection (a), which--
(1) shall scan all containers destined for the United States
that are loaded in such ports;
(2) shall electronically transmit the images and information
to appropriate United States Government personnel in the
country in which the port is located or in the United States
for evaluation and analysis;
(3) shall resolve every radiation alarm according to estab-
lished Department procedures;
(4) shall utilize the information collected to enhance the
Automated Targeting System or other relevant programs;
(5) shall store the information for later retrieval and anal-
ysis; and
H. R. 4954--33

(6) may provide an automated notification of questionable
or high-risk cargo as a trigger for further inspection by appro-
priately trained personnel.
(d) REPORT.--Not later than 180 days after achieving full-scale
implementation under subsection (c), the Secretary, in consultation
with the Secretary of State and, as appropriate, the Secretary
of Energy, shall submit a report to the appropriate congressional
committees, that includes--
(1) an evaluation of the lessons derived from the pilot
system implemented under this subsection;
(2) an analysis of the efficacy of the Automated Targeting
System or other relevant programs in utilizing the images
captured to examine high-risk containers;
(3) an evaluation of the effectiveness of the integrated
scanning system in detecting shielded and unshielded nuclear
and radiological material;
(4) an evaluation of software and other technologies that
are capable of automatically identifying potential anomalies
in scanned containers; and
(5) an analysis of the need and feasibility of expanding
the integrated scanning system to other container security ini-
tiative ports, including--
(A) an analysis of the infrastructure requirements;
(B) a projection of the effect on current average proc-
essing speed of containerized cargo;
(C) an evaluation of the scalability of the system to
meet both current and future forecasted trade flows;
(D) the ability of the system to automatically maintain
and catalog appropriate data for reference and analysis
in the event of a transportation disruption;
(E) an analysis of requirements, including costs, to
install and maintain an integrated scanning system;
(F) the ability of administering personnel to efficiently
manage and utilize the data produced by a nonintrusive
scanning system;
(G) the ability to safeguard commercial data generated
by, or submitted to, a nonintrusive scanning system; and
(H) an assessment of the reliability of currently avail-
able technology to implement an integrated scanning
system.
SEC. 232. SCREENING AND SCANNING OF CARGO CONTAINERS.
(a) ONE HUNDRED PERCENT SCREENING OF CARGO CONTAINERS
AND 100 PERCENT SCANNING OF HIGH-RISK CONTAINERS.--
(1) SCREENING OF CARGO CONTAINERS.--The Secretary shall
ensure that 100 percent of the cargo containers originating
outside the United States and unloaded at a United States
seaport undergo a screening to identify high-risk containers.
(2) SCANNING OF HIGH-RISK CONTAINERS.--The Secretary
shall ensure that 100 percent of the containers that have been
identified as high-risk under paragraph (1), or through other
means, are scanned or searched before such containers leave
a United States seaport facility.
(b) FULL-SCALE IMPLEMENTATION.--The Secretary, in coordina-
tion with the Secretary of Energy and foreign partners, as appro-
priate, shall ensure integrated scanning systems are fully deployed
H. R. 4954--34

to scan, using nonintrusive imaging equipment and radiation detec-
tion equipment, all containers entering the United States before
such containers arrive in the United States as soon as possible,
but not before the Secretary determines that the integrated scan-
ning system--
(1) meets the requirements set forth in section 231(c);
(2) has a sufficiently low false alarm rate for use in the
supply chain;
(3) is capable of being deployed and operated at ports
overseas;
(4) is capable of integrating, as necessary, with existing
systems;
(5) does not significantly impact trade capacity and flow
of cargo at foreign or United States ports; and
(6) provides an automated notification of questionable or
high-risk cargo as a trigger for further inspection by appro-
priately trained personnel.
(c) REPORT.--Not later than 6 months after the submission
of a report under section 231(d), and every 6 months thereafter,
the Secretary shall submit a report to the appropriate congressional
committees describing the status of full-scale deployment under
subsection (b) and the cost of deploying the system at each foreign
port at which the integrated scanning systems are deployed.
SEC. 233. INTERNATIONAL COOPERATION AND COORDINATION.
(a) INSPECTION TECHNOLOGY AND TRAINING.--
(1) IN GENERAL.--The Secretary, in coordination with the
Secretary of State, the Secretary of Energy, and appropriate
representatives of other Federal agencies, may provide technical
assistance, equipment, and training to facilitate the
implementation of supply chain security measures at ports
designated under the Container Security Initiative.
(2) ACQUISITION AND TRAINING.--Unless otherwise prohib-
ited by law, the Secretary may--
(A) lease, loan, provide, or otherwise assist in the
deployment of nonintrusive inspection and radiation detec-
tion equipment at foreign land and sea ports under such
terms and conditions as the Secretary prescribes, including
nonreimbursable loans or the transfer of ownership of
equipment; and
(B) provide training and technical assistance for
domestic or foreign personnel responsible for operating or
maintaining such equipment.
(b) ACTIONS AND ASSISTANCE FOR FOREIGN PORTS AND UNITED
STATES TERRITORIES.--Section 70110 of title 46, United States Code,
is amended--
(1) by striking the section header and inserting the fol-
lowing:
`` 70110. Actions and assistance for foreign ports and United
and States territories'';
(2) by adding at the end the following:
``(e) ASSISTANCE FOR FOREIGN PORTS AND UNITED STATES TERRI-
TORIES.--
``(1) IN GENERAL.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, and the
H. R. 4954--35

Secretary of Energy, shall identify assistance programs that
could facilitate implementation of port security antiterrorism
measures in foreign countries and territories of the United
States. The Secretary shall establish a program to utilize the
programs that are capable of implementing port security
antiterrorism measures at ports in foreign countries and terri-
tories of the United States that the Secretary finds to lack
effective antiterrorism measures.
``(2) CARIBBEAN BASIN.--The Secretary, in coordination with
the Secretary of State and in consultation with the Organization
of American States and the Commandant of the Coast Guard,
shall place particular emphasis on utilizing programs to facili-
tate the implementation of port security antiterrorism measures
at the ports located in the Caribbean Basin, as such ports
pose unique security and safety threats to the United States
due to-- ``(A) the strategic location of such ports between South
America and the United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of narcotics
to the United States that are moved through such ports.''.
(c) REPORT ON SECURITY AT PORTS IN THE CARIBBEAN BASIN.--
(1) IN GENERAL.--Not later than 180 days after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit a report to the appropriate congres-
sional committees on the security of ports in the Caribbean
Basin.
(2) CONTENTS.--The report submitted under paragraph
(1)--
(A) shall include--
(i) an assessment of the effectiveness of the meas-
ures employed to improve security at ports in the
Caribbean Basin and recommendations for any addi-
tional measures to improve such security;
(ii) an estimate of the number of ports in the
Caribbean Basin that will not be secured by January
1, 2007;
(iii) an estimate of the financial impact in the
United States of any action taken pursuant to section
70110 of title 46, United States Code, that affects
trade between such ports and the United States; and
(iv) an assessment of the additional resources and
program changes that are necessary to maximize secu-
rity at ports in the Caribbean Basin; and
(B) may be submitted in both classified and redacted
formats.
(d) CLERICAL AMENDMENT.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by striking the
item relating to section 70110 and inserting the following:
``70110. Actions and assistance for foreign ports and United States territories.''.
SEC. 234. FOREIGN PORT ASSESSMENTS.
Section 70108 of title 46, United States Code, is amended
by adding at the end the following:
``(d) PERIODIC REASSESSMENT.--The Secretary, acting through
the Commandant of the Coast Guard, shall reassess the effective-
ness of antiterrorism measures maintained at ports as described
H. R. 4954--36

under subsection (a) and of procedures described in subsection
(b) not less than once every 3 years.''.
SEC. 235. PILOT PROGRAM TO IMPROVE THE SECURITY OF EMPTY
CONTAINERS.
(a) IN GENERAL.--The Secretary shall conduct a 1-year pilot
program to assess the risk posed by and improve the security
of empty containers at United States seaports to ensure the safe
and secure delivery of cargo and to prevent potential acts of ter-
rorism involving such containers. The pilot program shall include
the use of visual searches of empty containers at United States
seaports.
(b) REPORT.--Not later than 90 days after the completion of
the pilot program under paragraph (1), the Secretary shall prepare
and submit to the appropriate congressional committees a report
that contains--
(1) the results of the pilot program; and
(2) the determination of the Secretary on whether to expand
the pilot program.
SEC. 236. INFORMATION SHARING RELATING TO SUPPLY CHAIN SECU-
RITY COOPERATION.
(a) PURPOSES.--The purposes of this section are--
(1) to establish continuing liaison and to provide for supply
chain security cooperation between Department and the private
sector; and
(2) to provide for regular and timely interchange of informa-
tion between the private sector and the Department concerning
developments and security risks in the supply chain environ-
ment.
(b) SYSTEM.--The Secretary shall develop a system to collect
from and share appropriate risk information related to the supply
chain with the private sector entities determined appropriate by
the Secretary.
(c) CONSULTATION.--In developing the system under subsection
(b), the Secretary shall consult with the Commercial Operations
Advisory Committee and a broad range of public and private sector
entities likely to utilize the system, including importers, exporters,
carriers, customs brokers, and freight forwarders, among other par-
ties. (d) INDEPENDENTLY OBTAINED INFORMATION.--Nothing in this
section shall be construed to limit or otherwise affect the ability
of a Federal, State, or local government entity, under applicable
law, to obtain supply chain security information, including any
information lawfully and properly disclosed generally or broadly
to the public and to use such information in any manner permitted
by law.
(e) AUTHORITY TO ISSUE WARNINGS.--The Secretary may pro-
vide advisories, alerts, and warnings to relevant companies, tar-
geted sectors, other governmental entities, or the general public
regarding potential risks to the supply chain as appropriate. In
issuing a warning, the Secretary shall take appropriate actions
to protect from disclosure--
(1) the source of any voluntarily submitted supply chain
security information that forms the basis for the warning; and
(2) information that is proprietary, business sensitive,
relates specifically to the submitting person or entity, or is
otherwise not appropriately in the public domain.
H. R. 4954--37

TITLE III--ADMINISTRATION
SEC. 301. OFFICE OF CARGO SECURITY POLICY.
(a) ESTABLISHMENT.--Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding
at the end the following:
``SEC. 431. OFFICE OF CARGO SECURITY POLICY.
``(a) ESTABLISHMENT.--There is established within the Depart-
ment an Office of Cargo Security Policy (referred to in this section
as the `Office').
``(b) PURPOSE.--The Office shall--
``(1) coordinate all Department policies relating to cargo
security; and
``(2) consult with stakeholders and coordinate with other
Federal agencies in the establishment of standards and regula-
tions and to promote best practices.
``(c) DIRECTOR.--
``(1) APPOINTMENT.--The Office shall be headed by a
Director, who shall--
``(A) be appointed by the Secretary; and
``(B) report to the Assistant Secretary for Policy.
``(2) RESPONSIBILITIES.--The Director shall--
``(A) advise the Assistant Secretary for Policy in the
development of Department-wide policies regarding cargo
security;
``(B) coordinate all policies relating to cargo security
among the agencies and offices within the Department
relating to cargo security; and
``(C) coordinate the cargo security policies of the
Department with the policies of other executive agencies.''.
(b) DESIGNATION OF LIAISON OFFICE OF DEPARTMENT OF
STATE.--The Secretary of State shall designate a liaison office
within the Department of State to assist the Secretary, as appro-
priate, in negotiating cargo security-related international agree-
ments.
(c) RULE OF CONSTRUCTION.--Nothing in this section shall be
construed to affect--
(1) the authorities, functions, or capabilities of the Coast
Guard to perform its missions; or
(2) the requirement under section 888 of the Homeland
Security Act (6 U.S.C. 468) that those authorities, functions,
and capabilities be maintained intact.
(d) CLERICAL AMENDMENT.--The table of contents of the Home-
land Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 430 the following:
``Sec. 431. Office of Cargo Security Policy.''.

SEC. 302. REAUTHORIZATION OF HOMELAND SECURITY SCIENCE AND
TECHNOLOGY ADVISORY COMMITTEE.
(a) IN GENERAL.--Section 311(j) of the Homeland Security Act
of 2002 (6 U.S.C. 191(j)) is amended by striking ``3 years after
the effective date of this Act'' and inserting ``on December 31,
2008''. H. R. 4954--38
(b) EFFECTIVE DATE.--The amendment made by subsection (a)
shall be effective as if enacted on the date of the enactment of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.).
(c) ADVISORY COMMITTEE.--The Under Secretary for Science
and Technology shall utilize the Homeland Security Science and
Technology Advisory Committee, as appropriate, to provide outside
expertise in advancing cargo security technology.
SEC. 303. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
EFFORTS IN FURTHERANCE OF MARITIME AND CARGO
SECURITY.
(a) IN GENERAL.--The Secretary shall--
(1) direct research, development, testing, and evaluation
efforts in furtherance of maritime and cargo security;
(2) coordinate with public and private sector entities to
develop and test technologies, and process innovations in fur-
therance of these objectives; and
(3) evaluate such technologies.
(b) COORDINATION.--The Secretary, in coordination with the
Under Secretary for Science and Technology, the Assistant Sec-
retary for Policy, the Commandant of the Coast Guard, the Director
for Domestic Nuclear Detection, the Chief Financial Officer, and
the heads of other appropriate offices or entities of the Department,
shall ensure that--
(1) research, development, testing, and evaluation efforts
funded by the Department in furtherance of maritime and
cargo security are coordinated within the Department and with
other appropriate Federal agencies to avoid duplication of
efforts; and
(2) the results of such efforts are shared throughout the
Department and with other Federal, State, and local agencies,
as appropriate.

TITLE IV--AGENCY RESOURCES AND
OVERSIGHT
SEC. 401. TRADE AND CUSTOMS REVENUE FUNCTIONS OF THE
DEPARTMENT.
(a) TRADE AND CUSTOMS REVENUE FUNCTIONS.--
(1) DESIGNATION OF APPROPRIATE OFFICIAL.--The Secretary
shall designate an appropriate senior official in the office of
the Secretary who shall--
(A) ensure that the trade and customs revenue func-
tions of the Department are coordinated within the Depart-
ment and with other Federal departments and agencies,
and that the impact on legitimate trade is taken into
account in any action impacting the functions; and
(B) monitor and report to Congress on the Depart-
ment's mandate to ensure that the trade and customs
revenue functions of the Department are not diminished,
including how spending, operations, and personnel related
to these functions have kept pace with the level of trade
entering the United States.
(2) DIRECTOR OF TRADE POLICY.--There shall be a Director
of Trade Policy (in this subsection referred to as the ``Director''),
H. R. 4954--39

who shall be subject to the direction and control of the official
designated pursuant to paragraph (1). The Director shall--
(A) advise the official designated pursuant to para-
graph (1) regarding all aspects of Department policies
relating to the trade and customs revenue functions of
the Department;
(B) coordinate the development of Department-wide
policies regarding trade and customs revenue functions
and trade facilitation; and
(C) coordinate the trade and customs revenue-related
policies of the Department with the policies of other Federal
departments and agencies.
(b) STUDY; REPORT.--
(1) IN GENERAL.--The Comptroller General of the United
States shall conduct a study evaluating the extent to which
the Department of Homeland Security is meeting its obligations
under section 412(b) of the Homeland Security Act of 2002
(6 U.S.C. 212(b)) with respect to the maintenance of customs
revenue functions.
(2) ANALYSIS.--The study shall include an analysis of--
(A) the extent to which the customs revenue functions
carried out by the former United States Customs Service
have been consolidated with other functions of the Depart-
ment (including the assignment of noncustoms revenue
functions to personnel responsible for customs revenue
collection), discontinued, or diminished following the
transfer of the United States Customs Service to the
Department;
(B) the extent to which staffing levels or resources
attributable to customs revenue functions have decreased
since the transfer of the United States Customs Service
to the Department; and
(C) the extent to which the management structure
created by the Department ensures effective trade facilita-
tion and customs revenue collection.
(3) REPORT.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall submit
to the appropriate congressional committees a report on the
results of the study conducted under subsection (a).
(4) MAINTENANCE OF FUNCTIONS.--Not later than Sep-
tember 30, 2007, the Secretary shall ensure that the require-
ments of section 412(b) of the Homeland Security Act of 2002
(6 U.S.C. 212(b)) are fully satisfied and shall report to the
Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives regarding
implementation of this paragraph.
(5) DEFINITION.--In this section, the term ``customs revenue
functions'' means the functions described in section 412(b)(2)
of the Homeland Security Act of 2002 (6 U.S.C. 212(b)(2)).
(c) CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNC-
TIONS.--
(1) BUSINESS COMMUNITY CONSULTATIONS.--The Secretary
shall consult with representatives of the business community
involved in international trade, including seeking the advice
and recommendations of the Commercial Operations Advisory
Committee, on Department policies and actions that have a
H. R. 4954--40

significant impact on international trade and customs revenue
functions.
(2) CONGRESSIONAL CONSULTATION AND NOTIFICATION.--
(A) IN GENERAL.--Subject to subparagraph (B), the Sec-
retary shall notify the appropriate congressional commit-
tees not later than 30 days prior to the finalization of
any Department policies, initiatives, or actions that will
have a major impact on trade and customs revenue func-
tions. Such notifications shall include a description of the
proposed policies, initiatives, or actions and any comments
or recommendations provided by the Commercial Oper-
ations Advisory Committee and other relevant groups
regarding the proposed policies, initiatives, or actions.
(B) EXCEPTION.--If the Secretary determines that it
is important to the national security interest of the United
States to finalize any Department policies, initiatives, or
actions prior to the consultation described in subparagraph
(A), the Secretary shall--
(i) notify and provide any recommendations of the
Commercial Operations Advisory Committee received
to the appropriate congressional committees not later
than 45 days after the date on which the policies,
initiatives, or actions are finalized; and
(ii) to the extent appropriate, modify the policies,
initiatives, or actions based upon the consultations
with the appropriate congressional committees.
(d) NOTIFICATION OF REORGANIZATION OF CUSTOMS REVENUE
FUNCTIONS.--
(1) IN GENERAL.--Not less than 45 days prior to any change
in the organization of any of the customs revenue functions
of the Department, the Secretary shall notify the Committee
on Appropriations, the Committee on Finance, and the Com-
mittee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Appropriations, the Committee
on Homeland Security, and the Committee on Ways and Means
of the House of Representatives of the specific assets, functions,
or personnel to be transferred as part of such reorganization,
and the reason for such transfer. The notification shall also
include-- (A) an explanation of how trade enforcement functions
will be impacted by the reorganization;
(B) an explanation of how the reorganization meets
the requirements of section 412(b) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 212(b)) that the Department
not diminish the customs revenue and trade facilitation
functions formerly performed by the United States Customs
Service; and
(C) any comments or recommendations provided by
the Commercial Operations Advisory Committee regarding
such reorganization.
(2) ANALYSIS.--Any congressional committee referred to in
paragraph (1) may request that the Commercial Operations
Advisory Committee provide a report to the committee ana-
lyzing the impact of the reorganization and providing any rec-
ommendations for modifying the reorganization.
(3) REPORT.--Not later than 1 year after any reorganization
referred to in paragraph (1) takes place, the Secretary, in
H. R. 4954--41

consultation with the Commercial Operations Advisory Com-
mittee, shall submit a report to the Committee on Finance
of the Senate and the Committee on Ways and Means of the
House of Representatives. Such report shall include an assess-
ment of the impact of, and any suggested modifications to,
such reorganization.
SEC. 402. OFFICE OF INTERNATIONAL TRADE; OVERSIGHT.
Section 2 of the Act of March 3, 1927 (44 Stat. 1381, chapter
348; 19 U.S.C. 2072), is amended by adding at the end the following:
``(d) OFFICE OF INTERNATIONAL TRADE.--
``(1) ESTABLISHMENT.--There is established within the
United States Customs and Border Protection an Office of
International Trade that shall be headed by an Assistant
Commissioner.
``(2) TRANSFER OF ASSETS, FUNCTIONS, AND PERSONNEL;
ELIMINATION OF OFFICES.--
``(A) OFFICE OF STRATEGIC TRADE.--
``(i) IN GENERAL.--Not later than 90 days after
the date of the enactment of the SAFE Port Act, the
Commissioner shall transfer the assets, functions, and
personnel of the Office of Strategic Trade to the Office
of International Trade established pursuant to para-
graph (1) and the Office of Strategic Trade shall be
abolished.
``(ii) LIMITATION ON FUNDS.--No funds appro-
priated to the United States Customs and Border
Protection may be used to transfer the assets, func-
tions, or personnel of the Office of Strategic Trade,
to an office other than the office established pursuant
to paragraph (1) of this subsection.
``(B) OFFICE OF REGULATIONS AND RULINGS.--
``(i) IN GENERAL.--Not later than 90 days after
the date of the enactment of the SAFE Port Act, the
Commissioner shall transfer the assets, functions, and
personnel of the Office of Regulations and Rulings
to the Office of International Trade established pursu-
ant to paragraph (1) and the Office of Regulations
and Rulings shall be abolished.
``(ii) LIMITATION ON FUNDS.--No funds appro-
priated to the United States Customs and Border
Protection may be used to transfer the assets, func-
tions, or personnel of the Office of Regulations and
Rulings, to an office other than the office established
pursuant to paragraph (1) of this subsection.
``(C) OTHER TRANSFERS.--The Commissioner is author-
ized to transfer any other assets, functions, or personnel
within the United States Customs and Border Protection
to the Office of International Trade established pursuant
to paragraph (1). Not less than 45 days prior to each
such transfer, the Commissioner shall notify the Committee
on Appropriations, the Committee on Finance, and the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Appropriations,
the Committee on Homeland Security, and the Committee
on Ways and Means of the House of Representatives of
the specific assets, functions, or personnel to be transferred,
H. R. 4954--42

and the reason for such transfer. Such notification shall
also include--
``(i) an explanation of how trade enforcement func-
tions will be impacted by the reorganization;
``(ii) an explanation of how the reorganization
meets the requirements of section 412(b) of the Home-
land Security Act of 2002 (6 U.S.C. 212(b)) that the
Department of Homeland Security not diminish the
customs revenue and trade facilitation functions for-
merly performed by the United States Customs Service;
and ``(iii) any comments or recommendations provided
by the Commercial Operations Advisory Committee
regarding such reorganization.
``(D) REPORT.--Not later than 1 year after any reorga-
nization pursuant to subparagraph (C) takes place, the
Commissioner, in consultation with the Commercial Oper-
ations Advisory Committee, shall report to the Committee
on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives. Such report
shall include an assessment of the impact of, and any
suggested modifications to, such reorganization.
``(E) LIMITATION ON AUTHORITY.--Notwithstanding any
other provision of law, the Commissioner shall not transfer
any assets, functions, or personnel from United States ports
of entry, associated with the enforcement of laws relating
to trade in textiles and apparel, to the Office of Inter-
national Trade established pursuant to paragraph (1), until
the following conditions are met:
``(i) The Commissioner submits the initial Resource
Allocation Model required by section 301(h) of the Cus-
toms and Procedural Reform and Simplification Act
of 1978 (19 U.S.C. 2075) and includes in such Resource
Allocation Model a section addressing the allocation
of assets, functions, and personnel associated with the
enforcement of laws relating to trade in textiles and
apparel.
``(ii) The Commissioner consults with the Com-
mittee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives
regarding any subsequent transfer of assets, functions,
or personnel associated with the enforcement of laws
relating to trade in textiles and apparel, not less than
45 days prior to such transfer.
``(F) LIMITATION ON APPROPRIATIONS.--No funds appro-
priated to the United States Customs and Border Protection
may be used to transfer the assets, functions, or personnel
associated with the enforcement of laws relating to trade
in textiles and apparel, before the Commissioner consults
with the congressional committees pursuant to subpara-
graph (E)(ii).
``(e) INTERNATIONAL TRADE COMMITTEE.--
``(1) ESTABLISHMENT.--The Commissioner shall establish
an International Trade Committee, to be chaired by the
Commissioner, and to include the Deputy Commissioner, the
Assistant Commissioner in the Office of Field Operations, the
Assistant Commissioner in the Office of Finance, the Assistant
H. R. 4954--43

Commissioner in the Office of International Affairs, the Assist-
ant Commissioner in the Office of International Trade, the
Director of the Office of Trade Relations, and any other official
determined by the Commissioner to be important to the work
of the Committee.
``(2) RESPONSIBILITIES.--The International Trade Com-
mittee shall--
``(A) be responsible for advising the Commissioner with
respect to the commercial customs and trade facilitation
functions of the United States Customs and Border Protec-
tion; ``(B) assist the Commissioner in coordinating with the
Secretary regarding commercial customs and trade facilita-
tion functions; and
``(C) oversee the operation of all programs and systems
that are involved in the assessment and collection of duties,
bonds, and other charges or penalties associated with the
entry of cargo into the United States, or the export of
cargo from the United States, including the administration
of duty drawback and the collection of antidumping and
countervailing duties.
``(3) ANNUAL REPORT.--Not later than 30 days after the
end of each fiscal year, the International Trade Committee
shall submit a report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House
of Representatives. The report shall--
``(A) detail the activities of the International Trade
Committee during the preceding fiscal year; and
``(B) identify the priorities of the International Trade
Committee for the fiscal year in which the report is filed.
``(f) DEFINITION.--In this section:
``(1) COMMISSIONER.--The term `Commissioner' means the
Commissioner responsible for the United States Customs and
Border Protection in the Department of Homeland Security.
``(2) COMMERCIAL OPERATIONS ADVISORY COMMITTEE.--The
term `Commercial Operations Advisory Committee' means the
Advisory Committee established pursuant to section 9503(c)
of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C.
2071 note) or any successor committee.''.
SEC. 403. RESOURCES.
Section 301 of the Customs Procedural Reform and Simplifica-
tion Act of 1978 (19 U.S.C. 2075) is amended by adding at the
end the following:
``(h) RESOURCE ALLOCATION MODEL.--
``(1) RESOURCE ALLOCATION MODEL.--Not later than June
30, 2007, and every 2 years thereafter, the Commissioner shall
prepare and submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Rep-
resentatives a Resource Allocation Model to determine the
optimal staffing levels required to carry out the commercial
operations of United States Customs and Border Protection,
including commercial inspection and release of cargo and the
revenue functions described in section 412(b)(2) of the Home-
land Security Act of 2002 (6 U.S.C. 212(b)(2)). The Model shall
comply with the requirements of section 412(b)(1) of such Act
and shall take into account previous staffing models, historic
H. R. 4954--44

and projected trade volumes, and trends. The Resource Alloca-
tion Model shall apply both risk-based and random sampling
approaches for determining adequate staffing needs for priority
trade functions, including--
``(A) performing revenue functions;
laws; ``(B) enforcing antidumping and countervailing duty
``(C) protecting intellectual property rights;
``(D) enforcing provisions of law relating to trade in
textiles and apparel;
``(E) conducting agricultural inspections;
``(F) enforcing fines, penalties, and forfeitures; and
``(G) facilitating trade.
``(2) PERSONNEL.--
``(A) IN GENERAL.--Not later than September 30, 2007,
the Commissioner shall ensure that the requirements of
section 412(b) of the Homeland Security Act of 2002 (6
U.S.C. 212(b)) are fully satisfied and shall report to the
Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives
regarding the implementation of this subparagraph.
``(B) CUSTOMS AND BORDER PROTECTION OFFICERS.--
The initial Resource Allocation Model required pursuant
to paragraph (1) shall provide for the hiring of a minimum
of 200 additional Customs and Border Protection Officers
per year for each of the fiscal years 2008 through 2012.
The Commissioner shall hire such additional Officers sub-
ject to the appropriation of funds to pay for the salaries
and expenses of such Officers. In assigning the 1,000 addi-
tional Officers authorized by this subparagraph, the
Commissioner shall--
``(i) consider the volume of trade and the incidence
of nonvoluntarily disclosed customs and trade law vio-
lations in addition to security priorities among United
States ports of entry; and
``(ii) before October 1, 2010, assign at least 10
additional Officers among each service port and the
ports of entry serviced by such service port, except
as provided in subparagraph (C).
``(C) ASSIGNMENT.--In assigning such Officers pursuant
to subparagraph (B), the Commissioner shall consult with
the port directors of each service port and the other ports
of entry serviced by such service port. The Commissioner
shall not assign an Officer to a port of entry pursuant
to subparagraph (B)(ii) if the port director of the service
port that services such port of entry certifies to the
Commissioner that an additional Officer is not needed at
such port of entry.
``(D) REPORT.--Not later than 60 days after the begin-
ning of each of the fiscal years 2008 through 2012, the
Commissioner shall submit a report to the Committee on
Finance of the Senate, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives,
and the Committee on Ways and Means of the House
of Representatives, that describes how the additional Offi-
cers authorized under subparagraph (B) will be allocated
H. R. 4954--45

among the ports of entry in the United States in accordance
with subparagraph (C).
``(3) AUTHORIZATION OF APPROPRIATIONS.--In addition to
any monies hereafter appropriated to United States Customs
and Border Protection in the Department of Homeland Security,
there are authorized to be appropriated for the purpose of
meeting the requirements of paragraph (2)(B), to remain avail-
able until expended--
``(A) $36,000,000 for fiscal year 2008;
``(B) $75,000,000 for fiscal year 2009;
``(C) $118,000,000 for fiscal year 2010;
``(D) $165,000,000 for fiscal year 2011; and
``(E) $217,000,000 for fiscal year 2012.
``(4) REPORT.--Not later than 30 days after the end of
each fiscal year, the Commissioner shall report to the Com-
mittee on Finance of the Senate and the Committee on Ways
and Means of the House of Representatives on the resources
directed to commercial and trade facilitation functions within
the Office of Field Operations for the preceding fiscal year.
Such information shall be reported for each category of per-
sonnel within the Office of Field Operations.
``(5) REGULATIONS TO IMPLEMENT TRADE AGREEMENTS.--Not
later than 30 days after the date of the enactment of the
SAFE Port Act, the Commissioner shall designate and maintain
not less than 5 attorneys within the Office of International
Trade established pursuant to section 2 of the Act of March
3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2072), with
responsibility for the prompt development and promulgation
of regulations necessary to implement any trade agreement
entered into by the United States, in addition to any other
responsibilities assigned by the Commissioner.
``(6) DEFINITION.--In this subsection, the term `Commis-
sioner' means the Commissioner responsible for United States
Customs and Border Protection in the Department of Homeland
Security.''.
SEC. 404. NEGOTIATIONS.
Section 629 of the Tariff Act of 1930 (19 U.S.C. 1629) is
amended by adding at the end the following:
``(h) CUSTOMS PROCEDURES AND COMMITMENTS.--
``(1) IN GENERAL.--The Secretary of Homeland Security,
the United States Trade Representative, and other appropriate
Federal officials shall work through appropriate international
organizations including the World Customs Organization
(WCO), the World Trade Organization (WTO), the International
Maritime Organization, and the Asia-Pacific Economic Coopera-
tion, to align, to the extent practicable, customs procedures,
standards, requirements, and commitments in order to facilitate
the efficient flow of international trade.
``(2) UNITED STATES TRADE REPRESENTATIVE.--
``(A) IN GENERAL.--The United States Trade Represent-
ative shall seek commitments in negotiations in the WTO
regarding the articles of GATT 1994 that are described
in subparagraph (B) that make progress in achieving--
``(i) harmonization of import and export data col-
lected by WTO members for customs purposes, to the
extent practicable;
H. R. 4954--46

``(ii) enhanced procedural fairness and trans-
parency with respect to the regulation of imports and
exports by WTO members;
``(iii) transparent standards for the efficient release
of cargo by WTO members, to the extent practicable;
and ``(iv) the protection of confidential commercial data.
``(B) ARTICLES DESCRIBED.--The articles of the GATT
1994 described in this subparagraph are the following:
``(i) Article V (relating to transit).
``(ii) Article VIII (relating to fees and formalities
associated with importation and exportation).
``(iii) Article X (relating to publication and adminis-
tration of trade regulations).
``(C) GATT 1994.--The term `GATT 1994' means the
General Agreement on Tariff and Trade annexed to the
WTO Agreement.
``(3) CUSTOMS.--The Secretary of Homeland Security, acting
through the Commissioner and in consultation with the United
States Trade Representative, shall work with the WCO to facili-
tate the efficient flow of international trade, taking into account
existing international agreements and the negotiating objec-
tives of the WTO. The Commissioner shall work to--
``(A) harmonize, to the extent practicable, import data
collected by WCO members for customs purposes;
``(B) automate and harmonize, to the extent practicable,
the collection and storage of commercial data by WCO
members;
``(C) develop, to the extent practicable, transparent
standards for the release of cargo by WCO members;
``(D) develop and harmonize, to the extent practicable,
standards, technologies, and protocols for physical or non-
intrusive examinations that will facilitate the efficient flow
of international trade; and
data. ``(E) ensure the protection of confidential commercial
``(4) DEFINITION.--In this subsection, the term `Commis-
sioner' means the Commissioner responsible for the United
States Customs and Border Protection in the Department of
Homeland Security.''.
SEC. 405. INTERNATIONAL TRADE DATA SYSTEM.
Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is
amended by adding at the end the following:
``(d) INTERNATIONAL TRADE DATA SYSTEM.--
``(1) ESTABLISHMENT.--
``(A) IN GENERAL.--The Secretary of the Treasury (in
this subsection, referred to as the `Secretary') shall oversee
the establishment of an electronic trade data interchange
system to be known as the `International Trade Data
System' (ITDS). The ITDS shall be implemented not later
than the date that the Automated Commercial Environ-
ment (commonly referred to as `ACE') is fully implemented.
``(B) PURPOSE.--The purpose of the ITDS is to eliminate
redundant information requirements, to efficiently regulate
the flow of commerce, and to effectively enforce laws and
regulations relating to international trade, by establishing
H. R. 4954--47

a single portal system, operated by the United States Cus-
toms and Border Protection, for the collection and distribu-
tion of standard electronic import and export data required
by all participating Federal agencies.
``(C) PARTICIPATION.--
``(i) IN GENERAL.--All Federal agencies that require
documentation for clearing or licensing the importation
and exportation of cargo shall participate in the ITDS.
``(ii) WAIVER.--The Director of the Office of
Management and Budget may waive, in whole or in
part, the requirement for participation for any Federal
agency based on the vital national interest of the
United States.
``(D) CONSULTATION.--The Secretary shall consult with
and assist the United States Customs and Border Protec-
tion and other agencies in the transition from paper to
electronic format for the submission, issuance, and storage
of documents relating to data required to enter cargo into
the United States. In so doing, the Secretary shall also
consult with private sector stakeholders, including the
Commercial Operations Advisory Committee, in developing
uniform data submission requirements, procedures, and
schedules, for the ITDS.
``(E) COORDINATION.--The Secretary shall be respon-
sible for coordinating the operation of the ITDS among
the participating agencies and the office within the United
States Customs and Border Protection that is responsible
for maintaining the ITDS.
``(2) DATA ELEMENTS.--
``(A) IN GENERAL.--The Interagency Steering Com-
mittee (established under paragraph (3)) shall, in consulta-
tion with the agencies participating in the ITDS, define
the standard set of data elements to be collected, stored,
and shared in the ITDS, consistent with laws applicable
to the collection and protection of import and export
information. The Interagency Steering Committee shall
periodically review the data elements in order to update
the standard set of data elements, as necessary.
``(B) COMMITMENTS AND OBLIGATIONS.--The Inter-
agency Steering Committee shall ensure that the ITDS
data requirements are compatible with the commitments
and obligations of the United States as a member of the
World Customs Organization (WCO) and the World Trade
Organization (WTO) for the entry and movement of cargo.
``(3) INTERAGENCY STEERING COMMITTEE.--There is estab-
lished an Interagency Steering Committee (in this section,
referred to as the `Committee'). The members of the Committee
shall include the Secretary (who shall serve as the chairperson
of the Committee), the Director of the Office of Management
and Budget, and the head of each agency participating in
the ITDS. The Committee shall assist the Secretary in over-
seeing the implementation of, and participation in, the ITDS.
``(4) REPORT.--The President shall submit a report before
the end of each fiscal year to the Committee on Finance of
the Senate and the Committee on Ways and Means of the
House of Representatives. Each report shall include information
on--
H. R. 4954--48

``(A) the status of the ITDS implementation;
``(B) the extent of participation in the ITDS by Federal
agencies;
tion; ``(C) the remaining barriers to any agency's participa-
``(D) the consistency of the ITDS with applicable stand-
ards established by the World Customs Organization and
the World Trade Organization;
``(E) recommendations for technological and other
improvements to the ITDS; and
``(F) the status of the development, implementation,
and management of the Automated Commercial Environ-
ment within the United States Customs and Border Protec-
tion.
``(5) SENSE OF CONGRESS.--It is the sense of Congress that
agency participation in the ITDS is an important priority of
the Federal Government and that the Secretary shall coordinate
the operation of the ITDS closely among the participating agen-
cies and the office within the United States Customs and Border
Protection that is responsible for maintaining the ITDS.
``(6) CONSTRUCTION.--Nothing in this section shall be con-
strued as amending or modifying subsection (g) of section 301
of title 13, United States Code.
``(7) DEFINITION.--The term `Commercial Operations
Advisory Committee' means the Advisory Committee estab-
lished pursuant to section 9503(c) of the Omnibus Budget Rec-
onciliation Act of 1987 (19 U.S.C. 2071 note) or any successor
committee.''.
SEC. 406. IN-BOND CARGO.
Title IV of the Tariff Act of 1930 is amended by inserting
after section 553 the following:
``SEC. 553A. REPORT ON IN-BOND CARGO.
``(a) REPORT.--Not later than June 30, 2007, the Commissioner
shall submit a report to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Finance of
the Senate, the Committee on Homeland Security and Govern-
mental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, the Committee on Transportation
and Infrastructure of the House of Representatives, and the Com-
mittee on Ways and Means of the House of Representatives that
includes-- ``(1) a plan for closing in-bond entries at the port of arrival;
``(2) an assessment of the personnel required to ensure
100 percent reconciliation of in-bond entries between the port
of arrival and the port of destination or exportation;
``(3) an assessment of the status of investigations of overdue
in-bond shipments and an evaluation of the resources required
to ensure adequate investigation of overdue in-bond shipments;
``(4) a plan for tracking in-bond cargo within the Automated
Commercial Environment (ACE);
``(5) an assessment of whether any particular technologies
should be required in the transport of in-bond cargo;
``(6) an assessment of whether ports of arrival should
require any additional information regarding shipments of in-
bond cargo;
H. R. 4954--49

``(7) an evaluation of the criteria for targeting and exam-
ining in-bond cargo; and
``(8) an assessment of the feasibility of reducing the transit
time for in-bond shipments, including an assessment of the
impact of such a change on domestic and international trade.
``(b) DEFINITION.--In this section, the term `Commissioner'
means the Commissioner responsible for the United States Customs
and Border Protection in the Department of Homeland Security.''.
SEC. 407. SENSE OF THE SENATE.
It is the sense of the Senate that nothing in sections 111
through 114, 121, and 201 through 236, or the amendments made
by such sections, shall be construed to affect the jurisdiction of
any Standing Committee of the Senate.

TITLE V--DOMESTIC NUCLEAR
DETECTION OFFICE
SEC. 501. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION
OFFICE.
(a) ESTABLISHMENT OF OFFICE.--The Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end
the following:

``TITLE XVIII--DOMESTIC NUCLEAR
DETECTION OFFICE
``SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.
``(a) ESTABLISHMENT.--There shall be established in the Depart-
ment a Domestic Nuclear Detection Office (referred to in this title
as the `Office'). The Secretary may request that the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Attorney General, the Nuclear Regulatory Commission, and the
directors of other Federal agencies, including elements of the Intel-
ligence Community, provide for the reimbursable detail of personnel
with relevant expertise to the Office.
``(b) DIRECTOR.--The Office shall be headed by a Director for
Domestic Nuclear Detection, who shall be appointed by the Presi-
dent.
``SEC. 1802. MISSION OF OFFICE.
``(a) MISSION.--The Office shall be responsible for coordinating
Federal efforts to detect and protect against the unauthorized
importation, possession, storage, transportation, development, or
use of a nuclear explosive device, fissile material, or radiological
material in the United States, and to protect against attack using
such devices or materials against the people, territory, or interests
of the United States and, to this end, shall--
``(1) serve as the primary entity of the United States
Government to further develop, acquire, and support the deploy-
ment of an enhanced domestic system to detect and report
on attempts to import, possess, store, transport, develop, or
use an unauthorized nuclear explosive device, fissile material,
or radiological material in the United States, and improve
that system over time;
H. R. 4954--50

``(2) enhance and coordinate the nuclear detection efforts
of Federal, State, local, and tribal governments and the private
sector to ensure a managed, coordinated response;
``(3) establish, with the approval of the Secretary and in
coordination with the Attorney General, the Secretary of
Defense, and the Secretary of Energy, additional protocols and
procedures for use within the United States to ensure that
the detection of unauthorized nuclear explosive devices, fissile
material, or radiological material is promptly reported to the
Attorney General, the Secretary, the Secretary of Defense, the
Secretary of Energy, and other appropriate officials or their
respective designees for appropriate action by law enforcement,
military, emergency response, or other authorities;
``(4) develop, with the approval of the Secretary and in
coordination with the Attorney General, the Secretary of State,
the Secretary of Defense, and the Secretary of Energy, an
enhanced global nuclear detection architecture with
implementation under which--
``(A) the Office will be responsible for the implementa-
tion of the domestic portion of the global architecture;
``(B) the Secretary of Defense will retain responsibility
for implementation of Department of Defense requirements
within and outside the United States; and
``(C) the Secretary of State, the Secretary of Defense,
and the Secretary of Energy will maintain their respective
responsibilities for policy guidance and implementation of
the portion of the global architecture outside the United
States, which will be implemented consistent with
applicable law and relevant international arrangements;
``(5) ensure that the expertise necessary to accurately inter-
pret detection data is made available in a timely manner for
all technology deployed by the Office to implement the global
nuclear detection architecture;
``(6) conduct, support, coordinate, and encourage an aggres-
sive, expedited, evolutionary, and transformational program of
research and development to generate and improve technologies
to detect and prevent the illicit entry, transport, assembly,
or potential use within the United States of a nuclear explosive
device or fissile or radiological material, and coordinate with
the Under Secretary for Science and Technology on basic and
advanced or transformational research and development efforts
relevant to the mission of both organizations;
``(7) carry out a program to test and evaluate technology
for detecting a nuclear explosive device and fissile or radio-
logical material, in coordination with the Secretary of Defense
and the Secretary of Energy, as appropriate, and establish
performance metrics for evaluating the effectiveness of indi-
vidual detectors and detection systems in detecting such devices
or material--
``(A) under realistic operational and environmental
conditions; and
``(B) against realistic adversary tactics and counter-
measures;
``(8) support and enhance the effective sharing and use
of appropriate information generated by the intelligence
community, law enforcement agencies, counterterrorism
H. R. 4954--51

community, other government agencies, and foreign govern-
ments, as well as provide appropriate information to such enti-
ties; ``(9) further enhance and maintain continuous awareness
by analyzing information from all Office mission-related detec-
tion systems; and
``(10) perform other duties as assigned by the Secretary.
``SEC. 1803. HIRING AUTHORITY.
``In hiring personnel for the Office, the Secretary shall have
the hiring and management authorities provided in section 1101
of the Strom Thurmond National Defense Authorization Act for
Fiscal Year 1999 (5 U.S.C. 3104 note). The term of appointments
for employees under subsection (c)(1) of such section may not exceed
5 years before granting any extension under subsection (c)(2) of
such section.
``SEC. 1804. TESTING AUTHORITY.
``(a) IN GENERAL.--The Director shall coordinate with the
responsible Federal agency or other entity to facilitate the use
by the Office, by its contractors, or by other persons or entities,
of existing Government laboratories, centers, ranges, or other
testing facilities for the testing of materials, equipment, models,
computer software, and other items as may be related to the mis-
sions identified in section 1802. Any such use of Government facili-
ties shall be carried out in accordance with all applicable laws,
regulations, and contractual provisions, including those governing
security, safety, and environmental protection, including, when
applicable, the provisions of section 309. The Office may direct
that private sector entities utilizing Government facilities in accord-
ance with this section pay an appropriate fee to the agency that
owns or operates those facilities to defray additional costs to the
Government resulting from such use.
``(b) CONFIDENTIALITY OF TEST RESULTS.--The results of tests
performed with services made available shall be confidential and
shall not be disclosed outside the Federal Government without
the consent of the persons for whom the tests are performed.
``(c) FEES.--Fees for services made available under this section
shall not exceed the amount necessary to recoup the direct and
indirect costs involved, such as direct costs of utilities, contractor
support, and salaries of personnel that are incurred by the United
States to provide for the testing.
``(d) USE OF FEES.--Fees received for services made available
under this section may be credited to the appropriation from which
funds were expended to provide such services.
``SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.
``The authority of the Director under this title shall not affect
the authorities or responsibilities of any officer of the Department
or of any officer of any other department or agency of the United
States with respect to the command, control, or direction of the
functions, personnel, funds, assets, and liabilities of any entity
within the Department or any Federal department or agency.
H. R. 4954--52
``SEC. 1806. CONTRACTING AND GRANT MAKING AUTHORITIES.
``The Secretary, acting through the Director for Domestic
Nuclear Detection, in carrying out the responsibilities under para-
graphs (6) and (7) of section 1802(a), shall--
``(1) operate extramural and intramural programs and dis-
tribute funds through grants, cooperative agreements, and
other transactions and contracts;
``(2) ensure that activities under paragraphs (6) and (7)
of section 1802(a) include investigations of radiation detection
equipment in configurations suitable for deployment at sea-
ports, which may include underwater or water surface detection
equipment and detection equipment that can be mounted on
cranes and straddle cars used to move shipping containers;
and ``(3) have the authority to establish or contract with 1
or more federally funded research and development centers
to provide independent analysis of homeland security issues
and carry out other responsibilities under this title.''.
(b) TECHNICAL AND CONFORMING AMENDMENTS.--The Home-
land Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) in section 103(d) (6 U.S.C. 113(d)), by adding at the
end the following:
``(5) A Director for Domestic Nuclear Detection.'';
(2) in section 302 (6 U.S.C. 182)--
and (A) in paragraph (2), by striking ``radiological, nuclear'';
(B) in paragraph (5)(A), by striking ``radiological,
nuclear''; and
(3) in the table of contents, by adding at the end the
following:
``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE
``Sec. 1801. Domestic Nuclear Detection Office.
``Sec. 1802. Mission of Office.
``Sec. 1803. Hiring authority.
``Sec. 1804. Testing authority.
``Sec. 1805. Relationship to other Department entities and Federal agencies.
``Sec. 1806. Contracting and grant making authorities.''.
SEC. 502. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT
STRATEGY FOR NUCLEAR AND RADIOLOGICAL DETEC-
TION.
(a) IN GENERAL.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, the Secretary of Energy,
the Secretary of Defense, and the Director of National Intelligence
shall submit to Congress a research and development investment
strategy for nuclear and radiological detection.
(b) CONTENTS.--The strategy under subsection (a) shall
include-- (1) a long term technology roadmap for nuclear and radio-
logical detection applicable to the mission needs of the Depart-
ment, the Department of Energy, the Department of Defense,
and the Office of the Director of National Intelligence;
and (2) budget requirements necessary to meet the roadmap;
(3) documentation of how the Department, the Department
of Energy, the Department of Defense, and the Office of the
Director of National Intelligence will execute this strategy.
H. R. 4954--53

(c) INITIAL REPORT.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees on--
(1) the impact of this title, and the amendments made
by this title, on the responsibilities under section 302 of the
Homeland Security Act of 2002 (6 U.S.C. 182); and
(2) the efforts of the Department to coordinate, integrate,
and establish priorities for conducting all basic and applied
research, development, testing, and evaluation of technology
and systems to detect, prevent, protect, and respond to chem-
ical, biological, radiological, and nuclear terrorist attacks.
(d) ANNUAL REPORT.--The Director for Domestic Nuclear Detec-
tion and the Under Secretary for Science and Technology shall
jointly and annually notify Congress that the strategy and tech-
nology road map for nuclear and radiological detection developed
under subsections (a) and (b) is consistent with the national policy
and strategic plan for identifying priorities, goals, objectives, and
policies for coordinating the Federal Government's civilian efforts
to identify and develop countermeasures to terrorist threats from
weapons of mass destruction that are required under section 302(2)
of the Homeland Security Act of 2002 (6 U.S.C. 182(2)).

TITLE VI--COMMERCIAL MOBILE
SERVICE ALERTS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Warning, Alert, and Response
Network Act''.
SEC. 602. FEDERAL COMMUNICATIONS COMMISSION DUTIES.
(a) COMMERCIAL MOBILE SERVICE ALERT REGULATIONS.--
Within 180 days after the date on which the Commercial Mobile
Service Alert Advisory Committee, established pursuant to section
603(a), transmits recommendations to the Federal Communications
Commission, the Commission shall complete a proceeding to adopt
relevant technical standards, protocols, procedures, and other tech-
nical requirements based on the recommendations of such Advisory
Committee necessary to enable commercial mobile service alerting
capability for commercial mobile service providers that voluntarily
elect to transmit emergency alerts. The Commission shall consult
with the National Institute of Standards and Technology regarding
the adoption of technical standards under this subsection.
(b) COMMERCIAL MOBILE SERVICE ELECTION.--
(1) AMENDMENT OF COMMERCIAL MOBILE SERVICE
LICENSE.--Within 120 days after the date on which the Federal
Communications Commission adopts relevant technical stand-
ards and other technical requirements pursuant to subsection
(a), the Commission shall complete a proceeding--
(A) to allow any licensee providing commercial mobile
service (as defined in section 332(d)(1) of the Communica-
tions Act of 1934 (47 U.S.C. 332(d)(1))) to transmit emer-
gency alerts to subscribers to, or users of, the commercial
mobile service provided by such licensee;
(B) to require any licensee providing commercial mobile
service that elects, in whole or in part, under paragraph
(2) not to transmit emergency alerts to provide clear and
H. R. 4954--54

conspicuous notice at the point of sale of any devices with
which its commercial mobile service is included, that it
will not transmit such alerts via the service it provides
for the device; and
(C) to require any licensee providing commercial mobile
service that elects under paragraph (2) not to transmit
emergency alerts to notify its existing subscribers of its
election.
(2) ELECTION.--
(A) IN GENERAL.--Within 30 days after the Commission
issues its order under paragraph (1), each licensee pro-
viding commercial mobile service shall file an election with
the Commission with respect to whether or not it intends
to transmit emergency alerts.
(B) TRANSMISSION STANDARDS; NOTIFICATION.--If a
licensee providing commercial mobile service elects to
transmit emergency alerts via its commercial mobile
service, the licensee shall--
(i) notify the Commission of its election; and
(ii) agree to transmit such alerts in a manner
consistent with the technical standards, protocols,
procedures, and other technical requirements imple-
mented by the Commission.
(C) NO FEE FOR SERVICE.--A commercial mobile service
licensee that elects to transmit emergency alerts may not
impose a separate or additional charge for such trans-
mission or capability.
(D) WITHDRAWAL; LATE ELECTION.--The Commission
shall establish a procedure--
(i) for a commercial mobile service licensee that
has elected to transmit emergency alerts to withdraw
its election without regulatory penalty or forfeiture
upon advance written notification of the withdrawal
to its affected subscribers;
(ii) for a commercial mobile service licensee to
elect to transmit emergency alerts at a date later than
provided in subparagraph (A); and
(iii) under which a subscriber may terminate a
subscription to service provided by a commercial mobile
service licensee that withdraws its election without
penalty or early termination fee.
(E) CONSUMER CHOICE TECHNOLOGY.--Any commercial
mobile service licensee electing to transmit emergency
alerts may offer subscribers the capability of preventing
the subscriber's device from receiving such alerts, or classes
of such alerts, other than an alert issued by the President.
Within 2 years after the Commission completes the pro-
ceeding under paragraph (1), the Commission shall
examine the issue of whether a commercial mobile service
provider should continue to be permitted to offer its sub-
scribers such capability. The Commission shall submit a
report with its recommendations to the Committee on Com-
merce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Rep-
resentatives.
H. R. 4954--55

(c) DIGITAL TELEVISION TRANSMISSION TOWERS RETRANSMISSION
CAPABILITY.--Within 90 days after the date on which the Commis-
sion adopts relevant technical standards based on recommendations
of the Commercial Mobile Service Alert Advisory Committee, estab-
lished pursuant to section 603(a), the Commission shall complete
a proceeding to require licensees and permittees of noncommercial
educational broadcast stations or public broadcast stations (as those
terms are defined in section 397(6) of the Communications Act
of 1934 (47 U.S.C. 397(6))) to install necessary equipment and
technologies on, or as part of, any broadcast television digital signal
transmitter to enable the distribution of geographically targeted
alerts by commercial mobile service providers that have elected
to transmit emergency alerts under this section.
(d) FCC REGULATION OF COMPLIANCE.--The Federal Commu-
nications Commission may enforce compliance with this title but
shall have no rulemaking authority under this title, except as
provided in subsections (a), (b), (c), and (f).
(e) LIMITATION OF LIABILITY.--
(1) IN GENERAL.--Any commercial mobile service provider
(including its officers, directors, employees, vendors, and agents)
that transmits emergency alerts and meets its obligations under
this title shall not be liable to any subscriber to, or user
of, such person's service or equipment for--
(A) any act or omission related to or any harm resulting
from the transmission of, or failure to transmit, an emer-
gency alert; or
(B) the release to a government agency or entity, public
safety, fire service, law enforcement official, emergency
medical service, or emergency facility of subscriber informa-
tion used in connection with delivering such an alert.
(2) ELECTION NOT TO TRANSMIT ALERTS.--The election by
a commercial mobile service provider under subsection (b)(2)(A)
not to transmit emergency alerts, or to withdraw its election
to transmit such alerts under subsection (b)(2)(D) shall not,
by itself, provide a basis for liability against the provider
(including its officers, directors, employees, vendors, and
agents).
(f) TESTING.--The Commission shall require by regulation tech-
nical testing for commercial mobile service providers that elect
to transmit emergency alerts and for the devices and equipment
used by such providers for transmitting such alerts.
SEC. 603. COMMERCIAL MOBILE SERVICE ALERT ADVISORY COM-
MITTEE.
(a) ESTABLISHMENT.--Not later than 60 days after the date
of enactment of this Act, the chairman of the Federal Communica-
tions Commission shall establish an advisory committee, to be
known as the Commercial Mobile Service Alert Advisory Committee
(referred to in this section as the ``Advisory Committee'').
(b) MEMBERSHIP.--The chairman of the Federal Communica-
tions Commission shall appoint the members of the Advisory Com-
mittee, as soon as practicable after the date of enactment of this
Act, from the following groups:
(1) STATE AND LOCAL GOVERNMENT REPRESENTATIVES.--
Representatives of State and local governments and representa-
tives of emergency response providers, selected from among
H. R. 4954--56

individuals nominated by national organizations representing
such governments and personnel.
(2) TRIBAL GOVERNMENTS.--Representatives from Federally
recognized Indian tribes and National Indian organizations.
(3) SUBJECT MATTER EXPERTS.--Individuals who have the
requisite technical knowledge and expertise to serve on the
Advisory Committee in the fulfillment of its duties, including
representatives of--
(A) communications service providers;
(B) vendors, developers, and manufacturers of systems,
facilities, equipment, and capabilities for the provision of
communications services;
(C) third-party service bureaus;
(D) technical experts from the broadcasting industry;
(E) the national organization representing the licensees
and permittees of noncommercial broadcast television sta-
tions;
(F) national organizations representing individuals
with special needs, including individuals with disabilities
and the elderly; and
(G) other individuals with relevant technical expertise.
(4) QUALIFIED REPRESENTATIVES OF OTHER STAKEHOLDERS
AND INTERESTED PARTIES.--Qualified representatives of such
other stakeholders and interested and affected parties as the
chairman deems appropriate.
(c) DEVELOPMENT OF SYSTEM-CRITICAL RECOMMENDATIONS.--
Within 1 year after the date of enactment of this Act, the Advisory
Committee shall develop and submit to the Federal Communications
Commission recommendations--
(1) for protocols, technical capabilities, and technical proce-
dures through which electing commercial mobile service pro-
viders receive, verify, and transmit alerts to subscribers;
(2) for the establishment of technical standards for priority
transmission of alerts by electing commercial mobile service
providers to subscribers;
(3) for relevant technical standards for devices and equip-
ment and technologies used by electing commercial mobile
service providers to transmit emergency alerts to subscribers;
(4) for the technical capability to transmit emergency alerts
by electing commercial mobile providers to subscribers in lan-
guages in addition to English, to the extent practicable and
feasible;
(5) under which electing commercial mobile service pro-
viders may offer subscribers the capability of preventing the
subscriber's device from receiving emergency alerts, or classes
of such alerts, (other than an alert issued by the President),
consistent with section 602(b)(2)(E);
(6) for a process under which commercial mobile service
providers can elect to transmit emergency alerts if--
(A) not all of the devices or equipment used by such
provider are capable of receiving such alerts; or
(B) the provider cannot offer such alerts throughout
the entirety of its service area; and
(7) as otherwise necessary to enable electing commercial
mobile service providers to transmit emergency alerts to sub-
scribers.
(d) MEETINGS.-- H. R. 4954--57
(1) INITIAL MEETING.--The initial meeting of the Advisory
Committee shall take place not later than 60 days after the
date of the enactment of this Act.
(2) OTHER MEETINGS.--After the initial meeting, the
Advisory Committee shall meet at the call of the chair.
(3) NOTICE; OPEN MEETINGS.--Any meetings held by the
Advisory Committee shall be duly noticed at least 14 days
in advance and shall be open to the public.
(e) RULES.--
(1) QUORUM.--One-third of the members of the Advisory
Committee shall constitute a quorum for conducting business
of the Advisory Committee.
(2) SUBCOMMITTEES.--To assist the Advisory Committee
in carrying out its functions, the chair may establish appro-
priate subcommittees composed of members of the Advisory
Committee and other subject matter experts as deemed nec-
essary.
(3) ADDITIONAL RULES.--The Advisory Committee may
adopt other rules as needed.
(f) FEDERAL ADVISORY COMMITTEE ACT.--Neither the Federal
Advisory Committee Act (5 U.S.C. App.) nor any rule, order, or
regulation promulgated under that Act shall apply to the Advisory
Committee.
(g) CONSULTATION WITH NIST.--The Advisory Committee shall
consult with the National Institute of Standards and Technology
in its work on developing recommendations under paragraphs (2)
and (3) of subsection (c).
SEC. 604. RESEARCH AND DEVELOPMENT.
(a) IN GENERAL.--The Under Secretary of Homeland Security
for Science and Technology, in consultation with the director of
the National Institute of Standards and Technology and the chair-
man of the Federal Communications Commission, shall establish
a research, development, testing, and evaluation program based
on the recommendations of the Commercial Mobile Service Alert
Advisory Committee, established pursuant to section 603(a), to sup-
port the development of technologies to increase the number of
commercial mobile service devices that can receive emergency alerts.
(b) FUNCTIONS.--The program established under subsection (a)
shall-- (1) fund research, development, testing, and evaluation
at academic institutions, private sector entities, government
laboratories, and other appropriate entities; and
(2) ensure that the program addresses, at a minimum--
(A) developing innovative technologies that will
transmit geographically targeted emergency alerts to the
public; and
(B) research on understanding and improving public
response to warnings.
SEC. 605. GRANT PROGRAM FOR REMOTE COMMUNITY ALERT SYS-
TEMS.
(a) GRANT PROGRAM.--The Under Secretary of Commerce for
Oceans and Atmosphere, in consultation with the Secretary of
Homeland Security, shall establish a program under which grants
may be made to provide for outdoor alerting technologies in remote
communities effectively unserved by commercial mobile service (as
determined by the Federal Communications Commission within
H. R. 4954--58
180 days after the date of enactment of this Act) for the purpose
of enabling residents of those communities to receive emergency
alerts.
(b) APPLICATIONS AND CONDITIONS.--In conducting the program,
the Under Secretary--
and (1) shall establish a notification and application procedure;
(2) may establish such conditions, and require such assur-
ances, as may be appropriate to ensure the efficiency and
integrity of the grant program.
(c) SUNSET.--The Under Secretary may not make grants under
subsection (a) more than 5 years after the date of enactment of
this Act.
(d) LIMITATION.--The sum of the amounts awarded for all fiscal
years as grants under this section may not exceed $10,000,000.
SEC. 606. FUNDING.
(a) IN GENERAL.--In addition to any amounts provided by
appropriation Acts, funding for this title shall be provided from
the Digital Transition and Public Safety Fund in accordance with
section 3010 of the Digital Television Transition and Public Safety
Act of 2005 (47 U.S.C. 309 note).
(b) COMPENSATION.--The Assistant Secretary of Commerce for
Communications and Information shall compensate any such broad-
cast station licensee or permittee for reasonable costs incurred
in complying with the requirements imposed pursuant to section
602(c) from funds made available under this section. The Assistant
Secretary shall ensure that sufficient funds are made available
to effectuate geographically targeted alerts.
(c) CREDIT.--The Assistant Secretary of Commerce for Commu-
nications and Information, in consultation with the Under Secretary
of Homeland Security for Science and Technology and the Under
Secretary of Commerce for Oceans and Atmosphere, may borrow
from the Treasury beginning on October 1, 2006, such sums as
may be necessary, but not to exceed $106,000,000, to implement
this title. The Assistant Secretary of Commerce for Communications
and Information shall ensure that the Under Secretary of Homeland
Security for Science and Technology and the Under Secretary of
Commerce for Oceans and Atmosphere are provided adequate funds
to carry out their responsibilities under sections 604 and 605 of
this title. The Treasury shall be reimbursed, without interest, from
amounts in the Digital Television Transition and Public Safety
Fund as funds are deposited into the Fund.
SEC. 607. ESSENTIAL SERVICES DISASTER ASSISTANCE.
Title IV of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170 et seq.) is amended by adding
at the end the following:
``SEC. 425. ESSENTIAL SERVICE PROVIDERS.
``(a) DEFINITION.--In this section, the term `essential service
provider' means an entity that--
``(1) provides--
``(A) telecommunications service;
``(B) electrical power;
``(C) natural gas;
``(D) water and sewer services; or
H. R. 4954--59

``(E) any other essential service, as determined by the
President;
``(2) is--
``(A) a municipal entity;
``(B) a nonprofit entity; or
``(C) a private, for profit entity; and
``(3) is contributing to efforts to respond to an emergency
or major disaster.
``(b) AUTHORIZATION FOR ACCESSIBILITY.--Unless exceptional
circumstances apply, in an emergency or major disaster, the head
of a Federal agency, to the greatest extent practicable, shall not--
``(1) deny or impede access to the disaster site to an essen-
tial service provider whose access is necessary to restore and
repair an essential service; or
``(2) impede the restoration or repair of the services
described in subsection (a)(1).
``(c) IMPLEMENTATION.--In implementing this section, the head
of a Federal agency shall follow all applicable Federal laws, regula-
tions, and policies.''.
SEC. 608. COMMUNITY DISASTER LOANS.
Section 417(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184(b)) is amended--
(1) by striking ``exceed 25 per centum'' and inserting the
following: ``exceed--
``(1) 25 percent''; and
(2) by striking the period at the end and inserting the
following: ``; or
``(2) if the loss of tax and other revenues of the local
government as a result of the major disaster is at least 75
percent of the annual operating budget of that local government
for the fiscal year in which the major disaster occurs, 50 percent
of the annual operating budget of that local government for
the fiscal year in which the major disaster occurs, and shall
not exceed $5,000,000.''.
SEC. 609. PUBLIC FACILITIES.
Section 406(c)(1) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5172(c)(1)) is amended--
(1) in subparagraph (A), by striking ``75'' and inserting
``90'';
(2) by striking subparagraph (B); and
(3) by redesignating subparagraphs (C) and (D) as subpara-
graphs (B) and (C), respectively.
SEC. 610. EXPEDITED PAYMENTS.
Section 407 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5173) is amended by adding at
the end the following:
``(e) EXPEDITED PAYMENTS.--
``(1) GRANT ASSISTANCE.--In making a grant under sub-
section (a)(2), the President shall provide not less than 50
percent of the President's initial estimate of the Federal share
of assistance as an initial payment in accordance with para-
graph (2).
``(2) DATE OF PAYMENT.--Not later than 60 days after the
date of the estimate described in paragraph (1) and not later
H. R. 4954--60

than 90 days after the date on which the State or local govern-
ment or owner or operator of a private nonprofit facility applies
for assistance under this section, an initial payment described
in paragraph (1) shall be paid.''.
SEC. 611. USE OF LOCAL CONTRACTING.
Section 307(b) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5150), as amended by the
Post-Katrina Emergency Management Reform Act of 2006, is
amended by adding at the end the following:
``(3) FORMULATION OF REQUIREMENTS.--The head of a Fed-
eral agency, as feasible and practicable, shall formulate appro-
priate requirements to facilitate compliance with this section.''.
SEC. 612. FEMA PROGRAMS.
Notwithstanding any other provision of Federal law, as of April
1, 2007, the Director of the Federal Emergency Management Agency
shall be responsible for the radiological emergency preparedness
program and the chemical stockpile emergency preparedness pro-
gram.
SEC. 613. HOMELAND SECURITY DEFINITION.
Section 2(6) of the Homeland Security Act of 2002 (6 U.S.C.
101(6)) is amended by inserting ``governmental and nongovern-
mental'' after ``local''.

TITLE VII--OTHER MATTERS
SEC. 701. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AND SMALL
COMMUNITY AIRPORTS.
(a) IN GENERAL.--Not later than 60 days after the date of
the enactment of this Act, the Assistant Secretary for the Transpor-
tation Security Administration shall submit to Congress a security
plan for--(1) Essential Air Service airports in the United States;
and (2) airports whose community or consortia of communities
receive assistance under the Small Community Air Service
Development Program authorized under section 41743 of title
49, United States Code, and maintain, resume, or obtain sched-
uled passenger air carrier service with assistance from that
program in the United States.
(b) ELEMENTS OF PLAN.--The security plans required under
subsection (a) shall include the following:
(1) Recommendations for improved security measures at
such airports.
(2) Recommendations for proper passenger and cargo secu-
rity screening procedures at such airports.
(3) A timeline for implementation of recommended security
measures or procedures at such airports.
(4) Cost analysis for implementation of recommended secu-
rity measures or procedures at such airports.
SEC. 702. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS.
(a) DEFINITIONS.--In this section:
H. R. 4954--61

(1) HOMELAND SECURITY GRANT.--The term ``homeland
security grant'' means any grant made or administered by
the Department, including--
(A) the State Homeland Security Grant Program;
(B) the Urban Area Security Initiative Grant Program;
gram;(C) the Law Enforcement Terrorism Prevention Pro-
(D) the Citizen Corps; and
(E) the Metropolitan Medical Response System.
(2) LOCAL GOVERNMENT.--The term ``local government'' has
the meaning given the term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(b) REQUIRED DISCLOSURES.--Each State or local government
that receives a homeland security grant shall, not later than 12
months after the later of the date of the enactment of this Act
and the date of receipt of such grant, and every 12 months there-
after until all funds provided under such grant are expended, submit
a report to the Secretary that contains a list of all expenditures
made by such State or local government using funds from such
grant.
SEC. 703. TRUCKING SECURITY.
(a) LEGAL STATUS VERIFICATION FOR LICENSED UNITED STATES
COMMERCIAL DRIVERS.--Not later than 18 months after the date
of the enactment of this Act, the Secretary of Transportation, in
cooperation with the Secretary, shall issue regulations to implement
the recommendations contained in the memorandum of the
Inspector General of the Department of Transportation issued on
June 4, 2004 (Control No. 2004054).
(b) COMMERCIAL DRIVER'S LICENSE ANTIFRAUD PROGRAMS.--
Not later than 18 months after the date of the enactment of this
Act, the Secretary of Transportation, in cooperation with the Sec-
retary, shall issue a regulation to implement the recommendations
contained in the Report on Federal Motor Carrier Safety Adminis-
tration Oversight of the Commercial Driver's License Program (MH
2006037).
(c) VERIFICATION OF COMMERCIAL MOTOR VEHICLE TRAFFIC.--
(1) GUIDELINES.--Not later than 18 months after the date
of the enactment of this Act, the Secretary, in consultation
with the Secretary of Transportation, shall draft guidelines
for Federal, State, and local law enforcement officials, including
motor carrier safety enforcement personnel, on how to identify
noncompliance with Federal laws uniquely applicable to
commercial motor vehicles and commercial motor vehicle opera-
tors engaged in cross-border traffic and communicate such non-
compliance to the appropriate Federal authorities. Such guide-
lines shall be coordinated with the training and outreach activi-
ties of the Federal Motor Carrier Safety Administration under
section 4139 of SAFETEA-LU (Public Law 10959).
(2) VERIFICATION.--Not later than 18 months after the
date of the enactment of this Act, the Administrator of the
Federal Motor Carrier Safety Administration shall modify the
final rule regarding the enforcement of operating authority
(Docket No. FMCSA200213015) to establish a system or
process by which a carrier's operating authority can be verified
during a roadside inspection.
H. R. 4954--62
SEC. 704. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER
AIR WING.
In addition to any other amounts authorized to be appropriated
for Air and Marine Operations of United States Customs and Border
Protection for fiscal year 2008, there are authorized to be appro-
priated such sums as may be necessary for operation expenses
and aviation assets, for primary and secondary sites, of the
Northern Border Air Wing Branch in Great Falls, Montana.
SEC. 705. PHASEOUT OF VESSELS SUPPORTING OIL AND GAS DEVELOP-
MENT.
(a) IN GENERAL.--Notwithstanding section 12105(c) of title 46,
United States Code, a foreign-flag vessel may be chartered by,
or on behalf of, a lessee to be employed for the setting, relocation,
or recovery of anchors or other mooring equipment of a mobile
offshore drilling unit that is located over the Outer Continental
Shelf (as defined in section 2(a) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331(a)) for operations in support of explo-
ration, or flow-testing and stimulation of wells, for offshore mineral
or energy resources in the Beaufort Sea or the Chukchi Sea adjacent
to Alaska--
(1) until December 31, 2009, if the Secretary of Transpor-
tation determines after publishing notice in the Federal Reg-
ister, that insufficient vessels documented under section
12105(c) of title 46, United States Code, are reasonably avail-
able and suitable for these support operations and all such
reasonably available and suitable vessels are employed in sup-
port of such operations; and
(2) for an additional 2-year period beginning January 1,
2010, if the Secretary of Transportation determines --
(A) as of December 31, 2009, the lessee has entered
into a binding agreement to employ an eligible vessel or
vessels to be documented under section 12105(c) of title
46, United States Code, in sufficient numbers and with
sufficient suitability to replace any vessel or vessels oper-
ating under this section; and
(B) after publishing notice in the Federal Register,
that insufficient vessels documented under section 12105(c)
of title 46, United States Code, are reasonably available
and suitable for these support operations and all such
reasonably available and suitable vessels are employed in
support of such operations.
(b) LESSEE DEFINED.--In this section, the term ``lessee'' means
the holder of a lease (as defined in section 1331(c) of title 43,
United States Code).
(c) SAVINGS PROVISION.--Nothing in subsection (a) may be con-
strued to authorize the employment in the coastwise trade of a
vessel that does not meet the requirements of section 12106 of
title 46, United States Code.
SEC. 706. COAST GUARD PROPERTY IN PORTLAND, MAINE.
Section 347(c) of the Maritime Transportation Security Act
of 2002 (Public Law 107295; 116 Stat. 2109) is amended by striking
``within 30 months from the date of conveyance'' and inserting
``by December 31, 2009''.
H. R. 4954--63
SEC. 707. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR
CHEMICALS.
(a) COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS.--
As part of the annual performance plan required in the budget
submission of the United States Customs and Border Protection
under section 1115 of title 31, United States Code, the Commis-
sioner shall establish performance indicators relating to the seizure
of methamphetamine and methamphetamine precursor chemicals
in order to evaluate the performance goals of the United States
Customs and Border Protection with respect to the interdiction
of illegal drugs entering the United States.
(b) STUDY AND REPORT RELATING TO METHAMPHETAMINE AND
METHAMPHETAMINE PRECURSOR CHEMICALS.--
(1) ANALYSIS.--The Commissioner shall, on an ongoing
basis, analyze the movement of methamphetamine and meth-
amphetamine precursor chemicals into the United States. In
conducting the analysis, the Commissioner shall--
(A) consider the entry of methamphetamine and meth-
amphetamine precursor chemicals through ports of entry,
between ports of entry, through international mails, and
through international courier services;
(B) examine the export procedures of each foreign
country where the shipments of methamphetamine and
methamphetamine precursor chemicals originate and deter-
mine if changes in the country's customs over time provi-
sions would alleviate the export of methamphetamine and
methamphetamine precursor chemicals; and
(C) identify emerging trends in smuggling techniques
and strategies.
(2) REPORT.--Not later than September 30, 2007, and each
2-year period thereafter, the Commissioner, in the consultation
with the Attorney General, United States Immigration and
Customs Enforcement, the United States Drug Enforcement
Administration, and the United States Department of State,
shall submit a report to the Committee on Finance of the
Senate, the Committee on Foreign Relations of the Senate,
the Committee on the Judiciary of the Senate, the Committee
on Ways and Means of the House of Representatives, the Com-
mittee on International Relations of the House of Representa-
tives, and the Committee on the Judiciary of the House of
Representatives, that includes--
(A) a comprehensive summary of the analysis described
in paragraph (1); and
(B) a description of how the Untied States Customs
and Border Protection utilized the analysis described in
paragraph (1) to target shipments presenting a high risk
for smuggling or circumvention of the Combat Meth-
amphetamine Epidemic Act of 2005 (Public Law 109177).
(3) AVAILABILITY OF ANALYSIS.--The Commissioner shall
ensure that the analysis described in paragraph (1) is made
available in a timely manner to the Secretary of State to
facilitate the Secretary in fulfilling the Secretary's reporting
requirements in section 722 of the Combat Methamphetamine
Epidemic Act of 2005.
(c) DEFINITION.--In this section, the term ``methamphetamine
precursor chemicals'' means the chemicals ephedrine,
H. R. 4954--64

pseudoephedrine, or phenylpropanolamine, including each of the
salts, optical isomers, and salts of optical isomers of such chemicals.
SEC. 708. AIRCRAFT CHARTER CUSTOMER AND LESSEE
PRESCREENING PROGRAM.
(a) IMPLEMENTATION STATUS.--Not later than 270 days after
the implementation of the Department's aircraft charter customer
and lessee prescreening process required under section 44903(j)(2)
of title 49, United States Code, the Comptroller General of the
United States shall--
(1) assess the status and implementation of the program
and the use of the program by the general aviation charter
and rental community; and
(2) submit a report containing the findings, conclusions,
and recommendations, if any, of such assessment to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives; and
(C) the Committee on Transportation and Infrastruc-
ture of the House of Representatives.
SEC. 709. PROTECTION OF HEALTH AND SAFETY DURING DISASTERS.
(a) DEFINITIONS.--In this section:
(1) CERTIFIED MONITORING PROGRAM.--The term ``certified
monitoring program'' means a medical monitoring program--
(A) in which a participating responder is a participant
as a condition of the employment of such participating
responder; and
(B) that the Secretary of Health and Human Services
certifies includes an adequate baseline medical screening.
(2) DISASTER AREA.--The term ``disaster area'' means an
area in which the President has declared a major disaster
(as that term is defined in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)),
during the period of such declaration.
(3) HIGH EXPOSURE LEVEL.--The term ``high exposure level''
means a level of exposure to a substance of concern that is
for such a duration, or of such a magnitude, that adverse
effects on human health can be reasonably expected to occur,
as determined by the President, acting through the Secretary
of Health and Human Services, in accordance with human
monitoring or environmental or other appropriate indicators.
(4) INDIVIDUAL.--The term ``individual'' includes--
(A) a worker or volunteer who responds to a disaster,
either natural or manmade, involving any mode of
transportation in the United States or disrupting the
transportation system of the United States, including--
(i) a police officer;
(ii) a firefighter;
(iii) an emergency medical technician;
(iv) any participating member of an urban search
and rescue team; and
(v) any other relief or rescue worker or volunteer
that the President, acting through the Secretary of
Health and Human Services, determines to be appro-
priate;
H. R. 4954--65

(B) a worker who responds to a disaster, either natural
or manmade, involving any mode of transportation in the
United States or disrupting the transportation system of
the United States, by assisting in the cleanup or restoration
of critical infrastructure in and around a disaster area;
(C) a person whose place of residence is in a disaster
area, caused by either a natural or manmade disaster
involving any mode of transportation in the United States
or disrupting the transportation system of the United
States;
(D) a person who is employed in or attends school,
child care, or adult day care in a building located in a
disaster area, caused by either a natural or manmade
disaster involving any mode of transportation in the United
States or disrupting the transportation system of the
United States, of the United States; and
(E) any other person that the President, acting through
the Secretary of Health and Human Services, determines
to be appropriate.
(5) PARTICIPATING RESPONDER.--The term ``participating
responder'' means an individual described in paragraph (4)(A).
(6) PROGRAM.--The term ``program'' means a program
described in subsection (b) that is carried out for a disaster
area.(7) SUBSTANCE OF CONCERN.--The term ``substance of con-
cern'' means a chemical or other substance that is associated
with potential acute or chronic human health effects, the risk
of exposure to which could potentially be increased as the
result of a disaster, as determined by the President, acting
through the Secretary of Health and Human Services, and
in coordination with the Agency for Toxic Substances and Dis-
ease Registry, the Environmental Protection Agency, the Cen-
ters for Disease Control and Prevention, the National Institutes
of Health, the Federal Emergency Management Agency, the
Occupational Health and Safety Administration, and other
agencies.
(b) PROGRAM.--
(1) IN GENERAL.--If the President, acting through the Sec-
retary of Health and Human Services, determines that 1 or
more substances of concern are being, or have been, released
in an area declared to be a disaster area and disrupts the
transportation system of the United States, the President,
acting through the Secretary of Health and Human Services,
may carry out a program for the coordination, protection,
assessment, monitoring, and study of the health and safety
of individuals with high exposure levels to ensure that--
(A) the individuals are adequately informed about and
protected against potential health impacts of any substance
of concern in a timely manner;
(B) the individuals are monitored and studied over
time, including through baseline and followup clinical
health examinations, for--
(i) any short- and long-term health impacts of any
substance of concern; and
(ii) any mental health impacts;
(C) the individuals receive health care referrals as
needed and appropriate; and
H. R. 4954--66

(D) information from any such monitoring and studies
is used to prevent or protect against similar health impacts
from future disasters.
(2) ACTIVITIES.--A program under paragraph (1) may
include such activities as--
data;(A) collecting and analyzing environmental exposure
(B) developing and disseminating information and edu-
cational materials;
(C) performing baseline and followup clinical health
and mental health examinations and taking biological sam-
ples;(D) establishing and maintaining an exposure registry;
(E) studying the short- and long-term human health
impacts of any exposures through epidemiological and other
health studies; and
(F) providing assistance to individuals in determining
eligibility for health coverage and identifying appropriate
health services.
(3) TIMING.--To the maximum extent practicable, activities
under any program carried out under paragraph (1) (including
baseline health examinations) shall be commenced in a timely
manner that will ensure the highest level of public health
protection and effective monitoring.
(4) PARTICIPATION IN REGISTRIES AND STUDIES.--
(A) IN GENERAL.--Participation in any registry or study
that is part of a program carried out under paragraph
(1) shall be voluntary.
(B) PROTECTION OF PRIVACY.--The President, acting
through the Secretary of Health and Human Services, shall
take appropriate measures to protect the privacy of any
participant in a registry or study described in subparagraph
(A). (C) PRIORITY.--
(i) IN GENERAL.--Except as provided in clause (ii),
the President, acting through the Secretary of Health
and Human Services, shall give priority in any registry
or study described in subparagraph (A) to the protec-
tion, monitoring and study of the health and safety
of individuals with the highest level of exposure to
a substance of concern.
(ii) MODIFICATIONS.--Notwithstanding clause (i),
the President, acting through the Secretary of Health
and Human Services, may modify the priority of a
registry or study described in subparagraph (A), if
the President, acting through the Secretary of Health
and Human Services, determines such modification to
be appropriate.
(5) COOPERATIVE AGREEMENTS.--
(A) IN GENERAL.--The President, acting through the
Secretary of Health and Human Services, may carry out
a program under paragraph (1) through a cooperative
agreement with a medical institution, including a local
health department, or a consortium of medical institutions.
(B) SELECTION CRITERIA.--To the maximum extent
practicable, the President, acting through the Secretary
of Health and Human Services, shall select, to carry out
H. R. 4954--67

a program under paragraph (1), a medical institution or
a consortium of medical institutions that--
(i) is located near--
(I) the disaster area with respect to which
the program is carried out; and
(II) any other area in which there reside
groups of individuals that worked or volunteered
in response to the disaster; and
(ii) has appropriate experience in the areas of
environmental or occupational health, toxicology, and
safety, including experience in--
(I) developing clinical protocols and conducting
clinical health examinations, including mental
health assessments;
(II) conducting long-term health monitoring
and epidemiological studies;
(III) conducting long-term mental health
studies; and
(IV) establishing and maintaining medical
surveillance programs and environmental exposure
or disease registries.
(6) INVOLVEMENT.--
(A) IN GENERAL.--In carrying out a program under
paragraph (1), the President, acting through the Secretary
of Health and Human Services, shall involve interested
and affected parties, as appropriate, including representa-
tives of--(i) Federal, State, and local government agencies;
(ii) groups of individuals that worked or volun-
teered in response to the disaster in the disaster area;
(iii) local residents, businesses, and schools
(including parents and teachers);
(iv) health care providers;
(v) faith based organizations; and
(vi) other organizations and persons.
(B) COMMITTEES.--Involvement under subparagraph
(A) may be provided through the establishment of an
advisory or oversight committee or board.
(7) PRIVACY.--The President, acting through the Secretary
of Health and Human Services, shall carry out each program
under paragraph (1) in accordance with regulations relating
to privacy promulgated under section 264(c) of the Health Insur-
ance Portability and Accountability Act of 1996 (42 U.S.C.
1320d2 note; Public Law 104191).
(8) EXISTING PROGRAMS.--In carrying out a program under
paragraph (1), the President, acting through the Secretary of
Health and Human Services, may--
(A) include the baseline clinical health examination
of a participating responder under a certified monitoring
programs; and
(B) substitute the baseline clinical health examination
of a participating responder under a certified monitoring
program for a baseline clinical health examination under
paragraph (1).
(c) REPORTS.--Not later than 1 year after the establishment
of a program under subsection (b)(1), and every 5 years thereafter,
the President, acting through the Secretary of Health and Human
H. R. 4954--68

Services, or the medical institution or consortium of such institu-
tions having entered into a cooperative agreement under subsection
(b)(5), may submit a report to the Secretary of Homeland Security,
the Secretary of Labor, the Administrator of the Environmental
Protection Agency, and appropriate committees of Congress
describing the programs and studies carried out under the program.
(d) NATIONAL ACADEMY OF SCIENCES REPORT ON DISASTER AREA
HEALTH AND ENVIRONMENTAL PROTECTION AND MONITORING.--
(1) IN GENERAL.--The Secretary of Health and Human
Services, the Secretary of Homeland Security, and the Adminis-
trator of the Environmental Protection Agency shall jointly
enter into a contract with the National Academy of Sciences
to conduct a study and prepare a report on disaster area health
and environmental protection and monitoring.
(2) PARTICIPATION OF EXPERTS.--The report under para-
graph (1) shall be prepared with the participation of individuals
who have expertise in--
(A) environmental health, safety, and medicine;
(B) occupational health, safety, and medicine;
(C) clinical medicine, including pediatrics;
(D) environmental toxicology;
(E) epidemiology;
(F) mental health;
(G) medical monitoring and surveillance;
(H) environmental monitoring and surveillance;
(I) environmental and industrial hygiene;
(J) emergency planning and preparedness;
(K) public outreach and education;
(L) State and local health departments;
(M) State and local environmental protection depart-
ments;
(N) functions of workers that respond to disasters,
including first responders;
(O) public health; and
(P) family services, such as counseling and other dis-
aster-related services provided to families.
(3) CONTENTS.--The report under paragraph (1) shall pro-
vide advice and recommendations regarding protecting and
monitoring the health and safety of individuals potentially
exposed to any chemical or other substance associated with
potential acute or chronic human health effects as the result
of a disaster, including advice and recommendations
regarding--
(A) the establishment of protocols for monitoring and
responding to chemical or substance releases in a disaster
area to protect public health and safety, including--
(i) chemicals or other substances for which samples
should be collected in the event of a disaster, including
a terrorist attack;
(ii) chemical- or substance-specific methods of
sample collection, including sampling methodologies
and locations;
(iii) chemical- or substance-specific methods of
sample analysis;
H. R. 4954--69

(iv) health-based threshold levels to be used and
response actions to be taken in the event that thresh-
olds are exceeded for individual chemicals or other
substances;
(v) procedures for providing monitoring results to--
(I) appropriate Federal, State, and local
government agencies;
(II) appropriate response personnel; and
(III) the public;
(vi) responsibilities of Federal, State, and local
agencies for--
(I) collecting and analyzing samples;
(II) reporting results; and
(III) taking appropriate response actions; and
(vii) capabilities and capacity within the Federal
Government to conduct appropriate environmental
monitoring and response in the event of a disaster,
including a terrorist attack; and
(B) other issues specified by the Secretary of Health
and Human Services, the Secretary of Homeland Security,
and the Administrator of the Environmental Protection
Agency.
(4) AUTHORIZATION OF APPROPRIATIONS.--There are author-
ized to be appropriated such sums as are necessary to carry
out this subsection.

TITLE VIII--UNLAWFUL INTERNET
GAMBLING ENFORCEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Unlawful Internet Gambling
Enforcement Act of 2006''.
SEC. 802. PROHIBITION ON ACCEPTANCE OF ANY PAYMENT
INSTRUMENT FOR UNLAWFUL INTERNET GAMBLING.
(a) IN GENERAL.--Chapter 53 of title 31, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER IV--PROHIBITION ON FUNDING OF
UNLAWFUL INTERNET GAMBLING
`` 5361. Congressional findings and purpose
``(a) FINDINGS.--Congress finds the following:
``(1) Internet gambling is primarily funded through personal
use of payment system instruments, credit cards, and wire
transfers.
``(2) The National Gambling Impact Study Commission in
1999 recommended the passage of legislation to prohibit wire
transfers to Internet gambling sites or the banks which rep-
resent such sites.
``(3) Internet gambling is a growing cause of debt collection
problems for insured depository institutions and the consumer
credit industry.
``(4) New mechanisms for enforcing gambling laws on the
Internet are necessary because traditional law enforcement
mechanisms are often inadequate for enforcing gambling
H. R. 4954--70

prohibitions or regulations on the Internet, especially where
such gambling crosses State or national borders.
``(b) RULE OF CONSTRUCTION.--No provision of this subchapter
shall be construed as altering, limiting, or extending any Federal
or State law or Tribal-State compact prohibiting, permitting, or
regulating gambling within the United States.
`` 5362. Definitions
``In this subchapter:
``(1) BET OR WAGER.--The term `bet or wager'--
``(A) means the staking or risking by any person of
something of value upon the outcome of a contest of others,
a sporting event, or a game subject to chance, upon an
agreement or understanding that the person or another
person will receive something of value in the event of
a certain outcome;
``(B) includes the purchase of a chance or opportunity
to win a lottery or other prize (which opportunity to win
is predominantly subject to chance);
``(C) includes any scheme of a type described in section
3702 of title 28;
``(D) includes any instructions or information per-
taining to the establishment or movement of funds by
the bettor or customer in, to, or from an account with
the business of betting or wagering; and
``(E) does not include--
``(i) any activity governed by the securities laws
(as that term is defined in section 3(a)(47) of the Securi-
ties Exchange Act of 1934 for the purchase or sale
of securities (as that term is defined in section 3(a)(10)
of that Act);
``(ii) any transaction conducted on or subject to
the rules of a registered entity or exempt board of
trade under the Commodity Exchange Act;
``(iii) any over-the-counter derivative instrument;
``(iv) any other transaction that--
``(I) is excluded or exempt from regulation
under the Commodity Exchange Act; or
``(II) is exempt from State gaming or bucket
shop laws under section 12(e) of the Commodity
Exchange Act or section 28(a) of the Securities
Exchange Act of 1934;
``(v) any contract of indemnity or guarantee;
``(vi) any contract for insurance;
``(vii) any deposit or other transaction with an
insured depository institution;
``(viii) participation in any game or contest in which
participants do not stake or risk anything of value
other than-- ``(I) personal efforts of the participants in
playing the game or contest or obtaining access
to the Internet; or
``(II) points or credits that the sponsor of the
game or contest provides to participants free of
charge and that can be used or redeemed only
for participation in games or contests offered by
the sponsor; or
H. R. 4954--71

``(ix) participation in any fantasy or simulation
sports game or educational game or contest in which
(if the game or contest involves a team or teams)
no fantasy or simulation sports team is based on the
current membership of an actual team that is a
member of an amateur or professional sports organiza-
tion (as those terms are defined in section 3701 of
title 28) and that meets the following conditions:
``(I) All prizes and awards offered to winning
participants are established and made known to
the participants in advance of the game or contest
and their value is not determined by the number
of participants or the amount of any fees paid
by those participants.
``(II) All winning outcomes reflect the relative
knowledge and skill of the participants and are
determined predominantly by accumulated statis-
tical results of the performance of individuals (ath-
letes in the case of sports events) in multiple real-
world sporting or other events.
``(III) No winning outcome is based--
``(aa) on the score, point-spread, or any
performance or performances of any single
real-world team or any combination of such
teams; or
``(bb) solely on any single performance of
an individual athlete in any single real-world
sporting or other event.
``(2) BUSINESS OF BETTING OR WAGERING.--The term `busi-
ness of betting or wagering' does not include the activities
of a financial transaction provider, or any interactive computer
service or telecommunications service.
``(3) DESIGNATED PAYMENT SYSTEM.--The term `designated
payment system' means any system utilized by a financial
transaction provider that the Secretary and the Board of Gov-
ernors of the Federal Reserve System, in consultation with
the Attorney General, jointly determine, by regulation or order,
could be utilized in connection with, or to facilitate, any
restricted transaction.
``(4) FINANCIAL TRANSACTION PROVIDER.--The term `finan-
cial transaction provider' means a creditor, credit card issuer,
financial institution, operator of a terminal at which an elec-
tronic fund transfer may be initiated, money transmitting busi-
ness, or international, national, regional, or local payment net-
work utilized to effect a credit transaction, electronic fund
transfer, stored value product transaction, or money transmit-
ting service, or a participant in such network, or other partici-
pant in a designated payment system.
``(5) INTERNET.--The term `Internet' means the inter-
national computer network of interoperable packet switched
data networks.
``(6) INTERACTIVE COMPUTER SERVICE.--The term `inter-
active computer service' has the meaning given the term in
section 230(f) of the Communications Act of 1934 (47 U.S.C.
230(f)).
``(7) RESTRICTED TRANSACTION.--The term `restricted trans-
action' means any transaction or transmittal involving any
H. R. 4954--72

credit, funds, instrument, or proceeds described in any para-
graph of section 5363 which the recipient is prohibited from
accepting under section 5363.
``(8) SECRETARY.--The term `Secretary' means the Secretary
of the Treasury.
``(9) STATE.--The term `State' means any State of the
United States, the District of Columbia, or any commonwealth,
territory, or other possession of the United States.
``(10) UNLAWFUL INTERNET GAMBLING.--
``(A) IN GENERAL.--The term `unlawful Internet gam-
bling' means to place, receive, or otherwise knowingly
transmit a bet or wager by any means which involves
the use, at least in part, of the Internet where such bet
or wager is unlawful under any applicable Federal or State
law in the State or Tribal lands in which the bet or wager
is initiated, received, or otherwise made.
``(B) INTRASTATE TRANSACTIONS.--The term `unlawful
Internet gambling' does not include placing, receiving, or
otherwise transmitting a bet or wager where--
``(i) the bet or wager is initiated and received or
otherwise made exclusively within a single State;
``(ii) the bet or wager and the method by which
the bet or wager is initiated and received or otherwise
made is expressly authorized by and placed in accord-
ance with the laws of such State, and the State law
or regulations include--
``(I) age and location verification requirements
reasonably designed to block access to minors and
persons located out of such State; and
``(II) appropriate data security standards to
prevent unauthorized access by any person whose
age and current location has not been verified
in accordance with such State's law or regulations;
and
of-- ``(iii) the bet or wager does not violate any provision
``(I) the Interstate Horseracing Act of 1978
(15 U.S.C. 3001 et seq.);
``(II) chapter 178 of title 28 (commonly known
as the `Professional and Amateur Sports Protection
Act'); ``(III) the Gambling Devices Transportation
Act (15 U.S.C. 1171 et seq.); or
``(IV) the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).
``(C) INTRATRIBAL TRANSACTIONS.--The term `unlawful
Internet gambling' does not include placing, receiving, or
otherwise transmitting a bet or wager where--
``(i) the bet or wager is initiated and received or
otherwise made exclusively--
``(I) within the Indian lands of a single Indian
tribe (as such terms are defined under the Indian
Gaming Regulatory Act); or
``(II) between the Indian lands of 2 or more
Indian tribes to the extent that intertribal gaming
is authorized by the Indian Gaming Regulatory
Act;
H. R. 4954--73

``(ii) the bet or wager and the method by which
the bet or wager is initiated and received or otherwise
made is expressly authorized by and complies with
the requirements of--
``(I) the applicable tribal ordinance or resolu-
tion approved by the Chairman of the National
Indian Gaming Commission; and
``(II) with respect to class III gaming, the
applicable Tribal-State Compact;
``(iii) the applicable tribal ordinance or resolution
or Tribal-State Compact includes--
``(I) age and location verification requirements
reasonably designed to block access to minors and
persons located out of the applicable Tribal lands;
and ``(II) appropriate data security standards to
prevent unauthorized access by any person whose
age and current location has not been verified
in accordance with the applicable tribal ordinance
or resolution or Tribal-State Compact; and
of-- ``(iv) the bet or wager does not violate any provision
``(I) the Interstate Horseracing Act of 1978
(15 U.S.C. 3001 et seq.);
``(II) chapter 178 of title 28 (commonly known
as the `Professional and Amateur Sports Protection
Act'); ``(III) the Gambling Devices Transportation
Act (15 U.S.C. 1171 et seq.); or
``(IV) the Indian Gaming Regulatory Act (25
U.S.C. 2701 et seq.).
``(D) INTERSTATE HORSERACING.--
``(i) IN GENERAL.--The term `unlawful Internet
gambling' shall not include any activity that is allowed
under the Interstate Horseracing Act of 1978 (15 U.S.C.
3001 et seq.).
``(ii) RULE OF CONSTRUCTION REGARDING PREEMP-
TION.--Nothing in this subchapter may be construed
to preempt any State law prohibiting gambling.
``(iii) SENSE OF CONGRESS.--It is the sense of Con-
gress that this subchapter shall not change which
activities related to horse racing may or may not be
allowed under Federal law. This subparagraph is
intended to address concerns that this subchapter could
have the effect of changing the existing relationship
between the Interstate Horseracing Act and other Fed-
eral statutes in effect on the date of the enactment
of this subchapter. This subchapter is not intended
to change that relationship. This subchapter is not
intended to resolve any existing disagreements over
how to interpret the relationship between the Inter-
state Horseracing Act and other Federal statutes.
``(E) INTERMEDIATE ROUTING.--The intermediate
routing of electronic data shall not determine the location
or locations in which a bet or wager is initiated, received,
or otherwise made.
``(11) OTHER TERMS.-- H. R. 4954--74
``(A) CREDIT; CREDITOR; CREDIT CARD; AND CARD
ISSUER.--The terms `credit', `creditor', `credit card', and `card
issuer' have the meanings given the terms in section 103
of the Truth in Lending Act (15 U.S.C. 1602).
``(B) ELECTRONIC FUND TRANSFER.--The term `elec-
tronic fund transfer'--
``(i) has the meaning given the term in section
903 of the Electronic Fund Transfer Act (15 U.S.C.
1693a), except that the term includes transfers that
would otherwise be excluded under section 903(6)(E)
of that Act; and
``(ii) includes any fund transfer covered by Article
4A of the Uniform Commercial Code, as in effect in
any State.
``(C) FINANCIAL INSTITUTION.--The term `financial
institution' has the meaning given the term in section
903 of the Electronic Fund Transfer Act, except that such
term does not include a casino, sports book, or other busi-
ness at or through which bets or wagers may be placed
or received.
``(D) INSURED DEPOSITORY INSTITUTION.--The term
`insured depository institution'--
``(i) has the meaning given the term in section
3(c) of the Federal Deposit Insurance Act (12 U.S.C.
1813(c)); and
``(ii) includes an insured credit union (as defined
in section 101 of the Federal Credit Union Act).
``(E) MONEY TRANSMITTING BUSINESS AND MONEY
TRANSMITTING SERVICE.--The terms `money transmitting
business' and `money transmitting service' have the
meanings given the terms in section 5330(d) (determined
without regard to any regulations prescribed by the Sec-
retary thereunder).
`` 5363. Prohibition on acceptance of any financial
instrument for unlawful Internet gambling
``No person engaged in the business of betting or wagering
may knowingly accept, in connection with the participation of
another person in unlawful Internet gambling--
``(1) credit, or the proceeds of credit, extended to or on
behalf of such other person (including credit extended through
the use of a credit card);
``(2) an electronic fund transfer, or funds transmitted by
or through a money transmitting business, or the proceeds
of an electronic fund transfer or money transmitting service,
from or on behalf of such other person;
``(3) any check, draft, or similar instrument which is drawn
by or on behalf of such other person and is drawn on or
payable at or through any financial institution; or
``(4) the proceeds of any other form of financial transaction,
as the Secretary and the Board of Governors of the Federal
Reserve System may jointly prescribe by regulation, which
involves a financial institution as a payor or financial inter-
mediary on behalf of or for the benefit of such other person.
H. R. 4954--75

`` 5364. Policies and procedures to identify and prevent
restricted transactions
``(a) REGULATIONS.--Before the end of the 270-day period begin-
ning on the date of the enactment of this subchapter, the Secretary
and the Board of Governors of the Federal Reserve System, in
consultation with the Attorney General, shall prescribe regulations
(which the Secretary and the Board jointly determine to be appro-
priate) requiring each designated payment system, and all partici-
pants therein, to identify and block or otherwise prevent or prohibit
restricted transactions through the establishment of policies and
procedures reasonably designed to identify and block or otherwise
prevent or prohibit the acceptance of restricted transactions in
any of the following ways:
``(1) The establishment of policies and procedures that--
``(A) allow the payment system and any person involved
in the payment system to identify restricted transactions
by means of codes in authorization messages or by other
means; and
``(B) block restricted transactions identified as a result
of the policies and procedures developed pursuant to
subparagraph (A).
``(2) The establishment of policies and procedures that pre-
vent or prohibit the acceptance of the products or services
of the payment system in connection with a restricted trans-
action.
``(b) REQUIREMENTS FOR POLICIES AND PROCEDURES.--In pre-
scribing regulations under subsection (a), the Secretary and the
Board of Governors of the Federal Reserve System shall--
``(1) identify types of policies and procedures, including
nonexclusive examples, which would be deemed, as applicable,
to be reasonably designed to identify and block or otherwise
prevent or prohibit the acceptance of the products or services
with respect to each type of restricted transaction;
``(2) to the extent practical, permit any participant in a
payment system to choose among alternative means of identi-
fying and blocking, or otherwise preventing or prohibiting the
acceptance of the products or services of the payment system
or participant in connection with, restricted transactions;
``(3) exempt certain restricted transactions or designated
payment systems from any requirement imposed under such
regulations, if the Secretary and the Board jointly find that
it is not reasonably practical to identify and block, or otherwise
prevent or prohibit the acceptance of, such transactions; and
``(4) ensure that transactions in connection with any activity
excluded from the definition of unlawful internet gambling
in subparagraph (B), (C), or (D)(i) of section 5362(10) are not
blocked or otherwise prevented or prohibited by the prescribed
regulations.
``(c) COMPLIANCE WITH PAYMENT SYSTEM POLICIES AND PROCE-
DURES.--A financial transaction provider shall be considered to
be in compliance with the regulations prescribed under subsection
(a) if-- ``(1) such person relies on and complies with the policies
and procedures of a designated payment system of which it
is a member or participant to--
``(A) identify and block restricted transactions; or
H. R. 4954--76

``(B) otherwise prevent or prohibit the acceptance of
the products or services of the payment system, member,
or participant in connection with restricted transactions;
and
``(2) such policies and procedures of the designated payment
system comply with the requirements of regulations prescribed
under subsection (a).
``(d) NO LIABILITY FOR BLOCKING OR REFUSING TO HONOR
RESTRICTED TRANSACTIONS.--A person that identifies and blocks
a transaction, prevents or prohibits the acceptance of its products
or services in connection with a transaction, or otherwise refuses
to honor a transaction--
``(1) that is a restricted transaction;
``(2) that such person reasonably believes to be a restricted
transaction; or
``(3) as a designated payment system or a member of a
designated payment system in reliance on the policies and
procedures of the payment system, in an effort to comply with
regulations prescribed under subsection (a),
shall not be liable to any party for such action.
``(e) REGULATORY ENFORCEMENT.--The requirements under this
section shall be enforced exclusively by--
``(1) the Federal functional regulators, with respect to the
designated payment systems and financial transaction pro-
viders subject to the respective jurisdiction of such regulators
under section 505(a) of the Gramm-Leach-Bliley Act and section
5g of the Commodities Exchange Act; and
``(2) the Federal Trade Commission, with respect to des-
ignated payment systems and financial transaction providers
not otherwise subject to the jurisdiction of any Federal func-
tional regulators (including the Commission) as described in
paragraph (1).
`` 5365. Civil remedies
``(a) JURISDICTION.--In addition to any other remedy under
current law, the district courts of the United States shall have
original and exclusive jurisdiction to prevent and restrain restricted
transactions by issuing appropriate orders in accordance with this
section, regardless of whether a prosecution has been initiated
under this subchapter.
``(b) PROCEEDINGS.--
``(1) INSTITUTION BY FEDERAL GOVERNMENT.--
``(A) IN GENERAL.--The United States, acting through
the Attorney General, may institute proceedings under this
section to prevent or restrain a restricted transaction.
``(B) RELIEF.--Upon application of the United States
under this paragraph, the district court may enter a tem-
porary restraining order, a preliminary injunction, or an
injunction against any person to prevent or restrain a
restricted transaction, in accordance with rule 65 of the
Federal Rules of Civil Procedure.
``(2) INSTITUTION BY STATE ATTORNEY GENERAL.--
``(A) IN GENERAL.--The attorney general (or other
appropriate State official) of a State in which a restricted
transaction allegedly has been or will be initiated, received,
or otherwise made may institute proceedings under this
H. R. 4954--77

section to prevent or restrain the violation or threatened
violation.
``(B) RELIEF.--Upon application of the attorney general
(or other appropriate State official) of an affected State
under this paragraph, the district court may enter a tem-
porary restraining order, a preliminary injunction, or an
injunction against any person to prevent or restrain a
restricted transaction, in accordance with rule 65 of the
Federal Rules of Civil Procedure.
``(3) INDIAN LANDS.--
``(A) IN GENERAL.--Notwithstanding paragraphs (1) and
(2), for a restricted transaction that allegedly has been
or will be initiated, received, or otherwise made on Indian
lands (as that term is defined in section 4 of the Indian
Gaming Regulatory Act)--
``(i) the United States shall have the enforcement
authority provided under paragraph (1); and
``(ii) the enforcement authorities specified in an
applicable Tribal-State Compact negotiated under sec-
tion 11 of the Indian Gaming Regulatory Act (25 U.S.C.
2710) shall be carried out in accordance with that
compact.
``(B) RULE OF CONSTRUCTION.--No provision of this sec-
tion shall be construed as altering, superseding, or other-
wise affecting the application of the Indian Gaming Regu-
latory Act.
``(c) LIMITATION RELATING TO INTERACTIVE COMPUTER SERV-
ICES.--
``(1) IN GENERAL.--Relief granted under this section against
an interactive computer service shall--
``(A) be limited to the removal of, or disabling of access
to, an online site violating section 5363, or a hypertext
link to an online site violating such section, that resides
on a computer server that such service controls or operates,
except that the limitation in this subparagraph shall not
apply if the service is subject to liability under this section
under section 5367;
``(B) be available only after notice to the interactive
computer service and an opportunity for the service to
appear are provided;
``(C) not impose any obligation on an interactive com-
puter service to monitor its service or to affirmatively seek
facts indicating activity violating this subchapter;
``(D) specify the interactive computer service to which
it applies; and
``(E) specifically identify the location of the online site
or hypertext link to be removed or access to which is
to be disabled.
``(2) COORDINATION WITH OTHER LAW.--An interactive com-
puter service that does not violate this subchapter shall not
be liable under section 1084(d) of title 18, except that the
limitation in this paragraph shall not apply if an interactive
computer service has actual knowledge and control of bets
and wagers and--
``(A) operates, manages, supervises, or directs an Inter-
net website at which unlawful bets or wagers may be
placed, received, or otherwise made or at which unlawful
H. R. 4954--78

bets or wagers are offered to be placed, received, or other-
wise made; or
``(B) owns or controls, or is owned or controlled by,
any person who operates, manages, supervises, or directs
an Internet website at which unlawful bets or wagers may
be placed, received, or otherwise made, or at which unlaw-
ful bets or wagers are offered to be placed, received, or
otherwise made.
``(d) LIMITATION ON INJUNCTIONS AGAINST REGULATED PER-
SONS.--Notwithstanding any other provision of this section, and
subject to section 5367, no provision of this subchapter shall be
construed as authorizing the Attorney General of the United States,
or the attorney general (or other appropriate State official) of any
State to institute proceedings to prevent or restrain a restricted
transaction against any financial transaction provider, to the extent
that the person is acting as a financial transaction provider.
`` 5366. Criminal penalties
``(a) IN GENERAL.--Any person who violates section 5363 shall
be fined under title 18, imprisoned for not more than 5 years,
or both.
``(b) PERMANENT INJUNCTION.--Upon conviction of a person
under this section, the court may enter a permanent injunction
enjoining such person from placing, receiving, or otherwise making
bets or wagers or sending, receiving, or inviting information
assisting in the placing of bets or wagers.
`` 5367. Circumventions prohibited
``Notwithstanding section 5362(2), a financial transaction pro-
vider, or any interactive computer service or telecommunications
service, may be liable under this subchapter if such person has
actual knowledge and control of bets and wagers, and--
``(1) operates, manages, supervises, or directs an Internet
website at which unlawful bets or wagers may be placed,
received, or otherwise made, or at which unlawful bets or
wagers are offered to be placed, received, or otherwise made;
or ``(2) owns or controls, or is owned or controlled by, any
person who operates, manages, supervises, or directs an Inter-
net website at which unlawful bets or wagers may be placed,
received, or otherwise made, or at which unlawful bets or
wagers are offered to be placed, received, or otherwise made.''.
(b) TECHNICAL AND CONFORMING AMENDMENT.--The table of
sections for chapter 53 of title 31, United States Code, is amended
by adding at the end the following:
``SUBCHAPTER IV--PROHIBITION ON FUNDING OF UNLAWFUL INTERNET GAMBLING

``5361. Congressional findings and purpose.
``5362. Definitions.
``5363. Prohibition on acceptance of any financial instrument for unlawful Internet
gambling.
``5364. Policies and procedures to identify and prevent restricted transactions.
``5365. Civil remedies.
``5366. Criminal penalties.
``5367. Circumventions prohibited.''.
H. R. 4954--79
SEC. 803. INTERNET GAMBLING IN OR THROUGH FOREIGN JURISDIC-
TIONS.
(a) IN GENERAL.--In deliberations between the United States
Government and any foreign country on money laundering, corrup-
tion, and crime issues, the United States Government should--
(1) encourage cooperation by foreign governments and rel-
evant international fora in identifying whether Internet gam-
bling operations are being used for money laundering, corrup-
tion, or other crimes;
(2) advance policies that promote the cooperation of foreign
governments, through information sharing or other measures,
in the enforcement of this Act; and
(3) encourage the Financial Action Task Force on Money
Laundering, in its annual report on money laundering
typologies, to study the extent to which Internet gambling
operations are being used for money laundering purposes.
(b) REPORT REQUIRED.--The Secretary of the Treasury shall
submit an annual report to the Congress on any deliberations
between the United States and other countries on issues relating
to Internet gambling.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.

A Real Rocker

2006-10-17T11:53:00.000-07:00

I've never understood those that don't get Neil. They want their stars to be a certain thing. Neil will never be a certain thing. He is simple Neil.

Keep on rockin'

Let's Do It For Our Country...The Red, White and the Blue!

2006-10-05T19:07:00.000-07:00

"It's Uncle Sam who's asking, so your mother would approve."
What was once the forbidden act is now a symbol of patriotism.

Or so it would seem after yesterday's news from Tehran, Iran. On Wednesday, the supreme religious leader of Iran, Sayyid Ali Khameini, answered questions concerning what is and is not permissible during the Muslim holy month of Ramadan.

To be specific, Khameini, who is Iran's most powerful political and religious figure, was asked on his website : "If somebody masturbates during the month of Ramadan but without any discharge, is his fasting invalidated?"

"If he do not intend masturbation and discharging semen and nothing is discharged, his fasting is correct even though he has done a ḥarām (forbidden) act. But, if he intends masturbation or he knows that he usually discharges semen by this process and semen really comes out, it is a ḥaram intentional breaking fasting," the Iranian leader said, posting the reply on his website.

A few points I would like to make:

1) How frikin insane is it that Khameini has a WEBSITE?!! (bookmarking............now)
2) Who knew there were so many patriotic young people in this country? Because now, shocking the monkey is a Red Bloodied, American Act of Patriotism! Of course the difficult part will be convincing the wife that it's nothing against her, I'm just supporting our troops!
3) How long will it take for Mark Foley's lawyer to work this angle?

What a Beautiful Day!

2006-10-03T18:37:00.000-07:00

I am undefeated in Kyle Field....
Can you dig it?

The Next 72 Hours...in no particular order

2006-09-14T14:55:00.000-07:00

I will own you...

The Queen is Dead...Long Live the Queen

2006-09-13T22:12:00.000-07:00

The first vote I ever cast...you will be missed

One Week....

2006-09-08T19:11:00.000-07:00

I can't wait until we crush the Froggies....

Cold Medication and the Countdown

2006-08-29T17:18:00.000-07:00

With the beginning of a new school year, some things are certain. The crushing of young souls with actual homework and the inevitable cold are just a few. Both have already taken place. In only the 3rd week of school...it felt as though my throat had been attacked by South American Flesh Eating Ants! After taking the day off, getting around 18 hours of shut eye, mega doses of OJ and cold medication and contemplating the fact that we are merely 96 hours away from kickoff, I have decided to make some observations about this years Texas Tech Football season.

1st and 10

A new season. A fresh start. When last I was seated in a football stadium it the last day of 2005. Now the term "stadium" and the Cotton Bowl are two terms that usually don't go together, but it was my Red Raiders, back in the Bowl since 1995 (I hate Keyshawn Johnson). It was the culmination of a great year. It ended with the weak, end over end field goal that most in the stadium were cheering as a sure miss...and victory for the good guys.
After waiting what seems like an entire afternoon picking out paint with the wife...we are here again.
The start of something great....

Volcanoes

2006-08-07T20:05:00.000-07:00

Since March, I have been honored to be the head coach of the Frenship Youth Baseball Shetland team, The Volcanoes. Our Spring season was less than stellar during the regular season.

The team is made up of 5 and 6 year olds who, on our team anyway, had never played anything other than t-ball. This league plays coach pitch, in which the players must hit a thrown ball from their own coach. Most of the teams in the league were all ahead of the Volcanoes, having played not only in the Fall the year before but then had a whole season of spring ball under their belts before this season started. Needless to say, the Volcanoes went down 0-15.

But in a miraculous turn of events, every team is then a part of an end of season tournament. Being the cellar dwellers, we got the honor of playing the play in game...something similiar to the NCAA March Madness. We were the Monmouth getting our chance at Duke...or in this league...the Express, which had 20 and 10 run ruled us in the regular season. Taking only a 3 run lead into the final inning, the Express went on to defeat the Volcanoes sending us to the losers bracket where we would play out nemisis, a team that we had lost to 3 times by a combined 5 runs!
Not only did we win...but we went on to rattle off 3 wins in a row in the tourney before going down...ending up in 5th place!

So at the end of this summer, the league has a shortened season known as Fall Ball...which really should be called "Hotter than Hell Summer League"! After a glitch in getting the team together, I took the helm of a mixed team of former Valcanoes as well as kids just looking for a place to play...some had never played before and most had only t-ball experience again. We were going up against teams that were simply tuning up before they advanced to the next level...machine pitch.
We are still winless...but I have never enjoyed anything as much as being a part of this team. The kids are having a blast...they are getting better every game.

Finding joy in the midst of absolute failure is a theme that seems to be going around these days. I'm not sure what is in the water but it seems that bad times have settled over a couple of my amigos. Although going winless in coach pitch is not really the same as losing a job or being in a soul sucking job, we all make the choice on how we handle the adversity that kicks us in the groin from time to time. Are we to sit and allow these things to define who we are? It seems that when you are going out of your way to give back to others, even in the midst of failure...you are rewarded with something that changes who you are.

Giving time to teach a kid to keep his head in when swinging a bat...staying down on that groundball and following through when they throw the ball...all simple things but so rewarding at the end of the game to see that one sparkling catch or clutch hit, even if we are down 10 runs in the last at bat! I think the main reason I LOVE baseball so much is that you have to continually deal with failure. Think about it, if you go 3 for 10...which in other words you FAILED 7 out of 10 times...you are pretty much a hall of famer if you continue on that pace for your career. If you cannot mentally handle adversity, baseball will eat you alive...and I love it!

So to my amigos who have been kicked around recently, don't be the one on the bench that's given up. Be the one buggin me to put you in...wanting to get that hit or make that play in the outfield! Put me in coach...I'm ready to play!

Boooo....schoolboard....HORAAAY VAN HALEN!!!

2006-08-05T12:42:00.000-07:00

Texas School District Bans Cleavage
(CBS) ARLINGTON, Texas With a new school year about to begin, some female students in one Texas school district may have to rethink their wardrobes.

Teen fashions often leave parents a little disgruntled. Arlington Independent School District parent Frances Henson said, “I'm thinking that our daughters are growing up a little bit too fast these days.”

Arlington School Board members agree with parents and this summer, they adopted an unusual amendment to the student dress code.

The new dress code reads, in part, “The display of cleavage is unacceptable. Low cut blouses, tops, sweaters, etc. with plunging necklines are not allowed."

“It's gotten bad enough that, unfortunately, our young males are looking at more than their English book, their speech book, their science book,” says school board president Sherri Wade. “And it's kind of nice to have something left to the imagination.”

Even some teenagers agree there is a problem. “I think it's good that they're doing it,” said student, Tyler Edwards.

Others students say it makes back-to-school shopping more difficult. “I just have to be more careful with what shirts I buy. Change my style a little,” said student, Maria Lopez.

While most parents support the new rule, some worry that enforcing it could be a challenge. “I think that's going to be a little tricky, because it puts a little bit of a policeman approach to the educators, and they really need to focus more on teaching,” said Tom Pederson, AISD parent.

The school board president says they'll do both… and in time, she says, the no cleavage rule will be no problem.

(© MMVI, CBS Broadcasting Inc. All Rights Reserved.)

How Long....

2006-08-02T14:24:00.000-07:00

Tick tock....

Rebels Rise Up...Leader Feels Fluish

2006-08-02T13:48:00.000-07:00

Lawmakers worked into the night Tuesday as the United States government began mobilizing to possibly aid a transition towards democracy in Cuba following word that Fidel Castro has fallen ill.

Although the Bush administration appeared "suprised" to hear of the failing health of the Cuban dictator some believe that the CIA was directly involved in the situation.
In what is being called the "Pollo de Invasion" translated The Invasion of the Chicken, thousands of chickens believed infected with the Avian Bird Flu were dropped by crop dusters flown by CIA trained rebels over the capital of Havana.

Some locals were thrilled by the sights."It looked like the 1st of May...except with chickens!", said Andy Morales who described the almost festival atmosphere in the streets as the birds drifted to the ground. But by later in the evening, the sounds of joy turned to sadness as many of the Havanaites turned deathly ill.

It is still unknown whether these birds made their way into the Presidential compound but reports have come in that the heaviest concentration of chickens were near Castro's 1,200 sq. ft. hacienda.

Felipe Pérez Roque, Minister of Foreign Affairs of the Republic of Cuba commented that if this was a preemtive strike against the soverign nation of Cuba, there could be serious reprecusions. Cuban baseball players have already been alerted to defect only to Columbia or Venezuela if these attacks continue.

Feeling Old

2006-08-01T22:27:00.000-07:00

Do you remember 25 years ago today? I actually was blessed enough to have a 7 foot satellite dish in my backyard on that day.

Another example of feeling old....

Tetris for Life

2006-08-01T22:13:00.000-07:00

2 Florida teens who were recently sentenced to death row for a killing over an xBox video game received worse news this morning.
In a suprising act, Florida governor Jeb Bush overturned the decision made in the St. Augustine courtroom. The teens will no longer have to face the horrors of the needle but to a life of hell....
In what some judicial experts are referring to as the Nintendo Act, the two boys will be required to spend 18 hours a day for the rest of their lives playing Tetris.
Attornies for the boys are appealing the ruling arguing that this is a blatant violation of the 8th Amendment.

Back From the Cave

2006-08-01T22:03:00.001-07:00

After a long slumber from the site...Helmut, like the morning after a Mel Gibson smackdown, will be returning.

State of Union to Broadcast in English

2006-01-31T13:30:00.000-08:00

Not my original work...but too funny to not post here!

President Hopes to Reach Broader Audience, Aides Say

For the first time since he was elected President of the United States, George W. Bush's State of the Union address tonight will be simulcast in English, the White House confirmed.

With the president's approval ratings sagging, the decision to simulcast the speech in English was widely seen as an attempt by the president to make an appeal to a broader audience. "The majority of people in this country are English speaking, and quite frankly, we can't afford to ignore them any longer," one senior aide said. "Hopefully, by doing the English simulcast, we'll be reaching out to a lot of those folks."

Once the decision was made earlier in the month to launch the historic first English simulcast of a speech by President Bush, then began the hard work of translating the text of the address from Mr. Bush's language into English. Davis Logsdon, a professor of linguistics at the University of Minnesota, was one of several scholars approached to do the translation who ultimately quit in frustration. "The problem is that the language the president speaks, by most measures, is not a language at all," Professor Logsdon said.

Still, the White House remains guardedly optimistic about tonight's simulcast, and aides said that if all goes as planned they might soon offer English simulcasts of press briefings by Secretary of Defense Donald Rumsfeld.

Elsewhere, former Iraqi dictator Saddam Hussein stormed out of his courtroom today, got a good look at what was going on in the streets of Baghdad, and quickly hurried back in.

Here's another way to pass the time with you, the Prez and a bottle of Jagr!

Every time Bush mentions Iran: 1 drink
Hamas: 1 drink
North Korea: 1 drink
Bush begins a sentence with “British Intelligence…”: Drink an entire bottle of whatever you were drinking three years ago, throw it at the TV
Bush mentions the people of New Orleans: Cry into your beer, then drink it.
Bush mentions the people of New Orleans in a positive light: Shot of bitters.
Bush mentions Hurricane Katrina: Tell person sitting next to you that you’ll refill their glass, leave town for a couple days.
Bush mentions Hurricane Katrina in a positive light: Check the label.
Every time Bush makes reference to a previous President’s SOTU address: 1 drink.
If the reference is to a Democratic President’s speech: 2 drinks.
To Grover Cleveland’s 1888 address: Finish the bottle.
Bush mentions Coretta Scott King: pour out a 40 on the curb.
Chris Penn: Pour out a 40, a steak, and a milkshake on the curb.
“Health Savings Accounts”: Enjoy the freedom to choose a drink you can’t afford.
Bush ends the speech with “Ever get the feeling you’ve been cheated?”: A billion drinks.

Predictions for 2006

2006-01-26T09:45:00.000-08:00

A bit late I know, but here it is. What a crazy month.

Most likely to die in 2006...in no particular order:

Hugh Hefner 79
Gerald Ford 92
Dr. Kevorkian 77
Dick Cheney 64
Byron Nelson 93
Sammy Baugh 91
Kirk Douglas 89
Paul Harvey 87
Pope Benedict 78
John Wooden 95

Happy Festivus

2005-12-23T19:36:00.000-08:00

Family activities won out this year on Festivus. Although a few grievences were aired with short stack tonight...let's hope I get pinned later. Sorry I could not make it to Cowtown for the big bash but here's hoping the spirit of Festivus finds you all well and properly pissed. Me...I'm up $78 on Party Poker and on my 6th Dos XX!

Intelligent Design Classes to be Offered

2005-12-22T06:57:00.000-08:00

Texas A&M University officials announced this week that a new course has been approved for next year. After several months of planning by the faculty and student senate, the new pyrotechnical engineering course is to be offered in the Fall of 2006. To be referred to as "Intelligent Design for the 21st Century Aggie", the course will focus on building a better, yet smaller and safer Aggie Bonfire.

Vice Chancellor of Engineering Dr. Kemble Bennett believes the new course will fill a void in the A&M community. "After the tragedy of 1994, the A&M family has searched for something to replace the bonfire tradition. We believe this course will move us into the right direction."

The basics of the course rely heavily on a variation of a children's toy Lincoln Logs. "By simply implementing pyrotechnics to the already proven product, we believe Aggies both young and old will be able to enjoy the bonfire tradition from the safety of their own backyards" Dr. Bennett continued.

Although not tall enough to crush any of the prospective drunken engineers, Hasbro, the parent company of Lincoln Logs has filed an injunction to stop the class from being printed in the course offerings book. "Intelligent Design or not, we believe that there is no time or place to combine our product with drunkenness and kerosene" said Lauren Key, head marketing for Hasbro.

Druids Routed In School Board Election

2005-12-21T08:56:00.000-08:00

In what could produce ripples through the national educational system, voters in Maine have ousted over 2,000 years of educational doctrine. In a vote of no-confidence, locals have voted out the Druid majority from local school boards. In an overwhelming vote, the communities of Samhain and Cuithe have decided that the time has come to end the Druidian stronghold over their communities.

These communities as well as others scattered across the northeastern seaboard have seen a rapid decrease in Druidian representation. Starting with the defeat of 237 time elected mayor Gaelen the Round of Bath, the Druidian influence has taken a dramatic downturn. "We were simply looking for a different, more enlightened approach to education" said Pierre DeMarco, head of the Samhain Parent Teacher Association.

Under the Druidian school system, students were forced to learn topics like metallurgy, herpetology, stonemasonry and astrology. Senior Douglas Young believed the Druid curriculum was a valuable addition to his core classes. "I don't see what the big deal is. It's not like we killed dogs or anything." The use of canines for incantations was replaced by felines in the late 1720's.

The news could not have come at a worse time for the Druid community. "We're all pretty tired from the Solstice Ceremony and concert and then we get this news. Everyone is a bit disoriented by these turn of events", said Nigel Tufnel, founder of the band Spinal Tap and Northern 35th Level Druid. When asked about the future for the Druids in Maine education, Tufnel added, "We'll just have to see how the bones fall but we are not ruling out litigation."

Iraqi Still Behind In Healthcare

2005-12-20T06:23:00.000-08:00

After a year and a half of American military control in Iraq many are still feeling left behind in many areas. Most areas have had electrical and water services restored yet basic medical care has been left to the Iraqis to build from the bottom up.

Many Iraqis have resorted to using home remedies as well as performing medical procedures that are usually handled by professional medical personnel. In possibly the largest example of this would be the recent rise of proctology exams.

Election officials and sociologists are baffled by the correlation of recent voting activity in Iraq with the sudden rise of proctology exams. Dr. Valery Edwabny, head of Anal Studies at the University of Vienna said, "It is unlikely there is that large of a sphincter issue among the Iraqi people. This may be a strong indicator of a greater health problem in Iraq."Health officials are most concerned with the lack of proper hand covering during the procedure.

The tell-tell sign of an unprotected examination is a purple-bluish index finger. "Many are wearing it as a badge of honor" said Adel al-Lami, Head of the Iraqi Health Department. "If we do not control the issue, we may have greater problems to deal with in the future."

Silent Majority Still Not Understood

2005-12-19T07:49:00.000-08:00

In an attempt to take back America, the silent majority is looking to have their voices heard. After decades of being pushed around by others in their places of work, the city square and other public areas, "voiceless" people are looking to take a more aggressive stance in the public scene.

Sometimes referred to as "mimes", these people have been in the shadows of the American experience for decades. Alienated for their stances on politics and enclosed spaces, these often misunderstood individuals are now attempting to make their voices heard. "It's time we speak up for our way of life" said Barry Wallace, co-founder of Silent Majority of Mimes. "We are tired of letting others assert their way of life on us. It's time we pushed back!"

Attempts are being made to encourage registration and voter turn-out, and to educate mimes on their ability to conduct non-partisan registration drives without incurring the wrath of the IRS. Jugglers and magicians are taking the new changes to the streets in stride. "It just seems that they are undermining their own way of life, but leave it to the mimes to not understand reality" said juggler Yuri Garcia.

Put Christ Back in Christbox

2005-12-15T13:59:00.000-08:00

The latest salvo has been fired in the culture wars, this time by James Dobson. The founder and chairman of the board for Focus on the Family has announced the latest initiative set forth by his Christian based organization. On his daily radio talk show, Dobson encouraged his listeners to boycott the letter "X" until the American public "fully appreciates the power of the Christian community."

The controversy surrounds the unwillingness by Microsoft the replace the "X" on it's popular video game console Xbox with what Dobson believes should be "Christ". Dobson stated on his nationally syndicated radio program that, "everyone knows this is just another attack on the Christians of this land. If Microsoft will not put Christ back in Xbox, then we will have to take the X away from them!"

The plan calls for a national referendum on replacing the letter "X" with the word "Christ" with a potential Constitutional Amendment on the horizon. "Unless the good Christians of this land stand up for their rights, they will eventually erode away. We must take our stand on this issue now before the liberals destroy any more of our way of life" Dobson concluded on Thursday.

An expansion on the basic plan will call for the boycott of "eXtra" gum and "EXTRA", the entertainment TV program. Some are concerned with what this will mean in the long run. "When my kids wander into a "Christ, Christ, Christ" video store, they may be exposed to material that is less that Godly" stated Bill Parrish, head of Children First, a child advocacy program at the University of Notre Dame.

Two Flags over Iraq to Open in Spring

2005-12-15T06:04:00.000-08:00

Construction Begins on Two Flags over Iraq

Since taking over the Six Flags Corporation 24 hours ago, new CEO Mark Shapiro has announced the largest changes to the second largest theme park company in the world. Plans are for the construction of the first Western amusement park in the Middle East. Although not the first venture for the Six Flags Corporation outside the United States, it will be the first in the region known more for rocket attacks than rollercoasters.

Two Flags Over Iraq will be the first of potentially 3 new parks in the region. The other two parks are to be located in Iran and Syria after the invasion of United States forces in the spring. The site of the Iraqi park is slated for the Sunni enclave of Tikrit, the hometown of former Iraqi President Saddam Hussein.

Iraqi Recreation and Tourism Minister and Mayor of Tikrit, Wael Ibrahim Ali, believes that the addition of the new park will pave the way for Democracy in Iraq. "Distracting the young people from the realities of their lives is the key to Democracy" Ali said in a noon press conference Wednesday. With plans to build a water park near the amusement facility in the next 3 years, Tikrik may be the center of Sunni entertainment by the end of the decade.

Mishaan al-Jubouri, Middle East Theme Coordinator for Six Flags Operation, said that there will be more of a Sunni flair to the park. From the "Camel Rally Iraq" area which will mirror the more familiar NASCAR theme in the southern United States to more macabre theme of "Kurdistan Land" where rides will center around the gassing of the hated Kurdish minority. "We understand that the park is not for everyone" conceded al-Jubouri when asked about the more hateful themes. "We are making this park truly Iraqi. This is who we are."

Although the park will not allow women, children, Kurds, Armenians, Persians, Assyrians, Israelis or Mexicans, it is expected to bring in much needed income to the Tikrit region.

War on Christmas Escalates

2005-12-14T13:39:00.000-08:00

A sudden spark in hostilities as thrown the world into conflict this week. A Declaration of War was delivered to St. Nicholas by the Foreign Minister of Nunavut laying out the intentions of several hostile Inuet tribes to war against Christmas. Inuet tribes are accusing the jolly elf of over aggressive border movements by reindeer in the area. It is unknown whether or not these movements are tantamount to war by the international community but violence has erupted along a 2,000 mile border between the state of Nunavut and the North Pole.

St. Nicholas, Prime Minister of the North Pole has asked for the United Nations to send in peace keeping forces to the region but it is doubtful that the Security Council will make a decision before the the New Year. Most ambassadors have been implicated in a scandal involving the promises to be good and bribing of cookies and milk for presents from Santa. With the UN in an uneasy situation and most ambassadors already out of New York for the Christmas holiday, it is unlikely they will be able to return before the upcoming deadline for hostilities.

The United States is debating the possibility of unilaterally intervening in the conflict. Members of the Senate Committee on Foreign Relations met in a closed door meeting on Tuesday to discuss it's options. Ranking members were rumored to be discussing the use US veterans from the Iraqi war to save Christmas. With continued pressure mounting by business leaders and religious interests in certain swing states, it is likely that a joint resolution to use military force will be announced by the end of the week.

Hasta La Vista Baby

2005-12-13T06:08:00.000-08:00

Stanley "Tookie" Williams, the award winning author, notorious co-founder of the "Crips" and convicted murderer died last night in San Quentin, California. What was to be death by lethal injection is now clouded in mystery as rumors are circulating that Williams did not die from the lethal injection but from massive blows to the head and internal bleeding.

A manditory autopsy was performed on Williams after the now alledged execution. The results show that the cause of death was not sodium pentathol but that Williams suffered several blows to the head with a blunt object as well as lacerations to his liver and kidneys. It is widely known that the Governor of California, Arnold Schwarzenegger and former Mr. Olympia had entertained a possible alternative to the standard State performed lethal injection. It seems as though "Tookie" had challenged the Governor to a winner take all steel cage death match.

Gov. Schwarzenegger was unavailable for comment but reports are coming in that the governor has checked into a Palm Springs Spa and resort to recuperate after the alledged Battle Royale.

Democracy Flourishes In Iraq

2005-12-12T10:56:00.000-08:00

Iraqi's will go to the polls Thursday to cast ballots for the first time in over 3 decades for a freely elected parliment. In signs that Iraq is embracing American democracy, the campaign for Anbhr Province heated up with a vicious exchange between candidates. On the Sunday morning talkshow Baghdad This Week, candidate Yousif Jabr of the People's Recently Independent Reformed Executioners Party stated that his opponent, "couldn't eat with his left hand if he wanted to!"

Jabr's main competition is the Populist candidate from the oil rich community of Kirkuk, Ibrahim Khalilzad. It is widely known that Khalilzad was a supporter of the American liberation movement, which may cost him in the rural district but it is believed that his pro-western toilet initiative will be popular in the urban centers. Khalilzad defeated Mahmoud McDahlid, who's real estate holdings were called into question during the primary debate.

As the rhetoric heated up between the two candidates, Khalilzad commented that, "there is no way that the people should be represented by a man who has only daughters." Jabr is the father of 3 daughters but has no sons, which may prove to be the decisive factor in this heated contest for the Sunni dominanted stronghold.