S.Amdt. 3769Senate109th Congress (2005-2007)
To provide additional construction funding for levee improvements in the New Orleans metropolitan area, gulf coast restoration.
Sponsored by 
Sen. Pete V. Domenici (R-NM)
Sen. Pete V. Domenici (R-NM)Submitted May 1, 2006
Text
Submitted
This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.
TEXT OF AMENDMENTS
SA 3728. Mr. VITTER (for himself and Ms. Landrieu) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 165, line 19, strike ``$10,600,000,000'' and insert
``$10,400,000,000''.
On page 168, between lines 8 and 9, insert the following:
FLOOD PROTECTION, LOUISIANA
Sec. 2054. (a) There shall be made available $200,000,000
for the Secretary of the Army (referred to in this section as
the ``Secretary'') to provide, at full Federal expense--
(1) pumping capacity and other measures required to prevent
flooding associated with modifications to outfall canals in
Jefferson and Orleans Parishes, Louisiana;
(2) repairs, replacements, modifications, and improvements
of non-Federal levees and associated protection measures--
(A) in areas of Terrebonne Parish, and of Jefferson Parish
in the vicinity of Jean Lafitte; and
(B) on the east bank of the Mississippi River in
Plaquemines Parish, Louisiana; and
(3) for armoring the hurricane and storm damage reduction
system in south Louisiana.
(b) A project under this section shall be initiated only
after non-Federal interests have entered into binding
agreements with
[[Page S3809]]
the Secretary to pay 100 percent of the operation and
maintenance costs of the project and to hold and save the
United States free from damages due to the construction or
operation and maintenance of the project, except for damages
due to the fault or negligence of the United States or its
contractors.
(c) The Secretary shall submit to Congress a report
detailing a modified plan to protect lower Plaquemines
Parish, Louisiana, from damage attributable to hurricanes
with a focus on--
(1) protecting populated areas;
(2) energy infrastructure;
(3) structural and nonstructural coastal barriers and
protection;
(4) port facilities; and
(5) the long-term maintenance and protection of the deep
draft navigation channel on the Mississippi River.
(d) Not later than 30 days after the date of enactment of
this Act, the Secretary shall offer to enter into a contract
with the National Academies to provide to the Secretary a
report, by not later than 90 days after the date of enactment
of this Act, describing, for the period beginning on the date
on which the individual system components for hurricane and
storm damage reduction was constructed and ending on the date
on which the report is prepared, the difference between--
(1) the portion of the vertical depreciation of the system
that is attributable to design and construction flaws, taking
into consideration the settling of levees and floodwalls or
subsidence; and
(2) the portion of that depreciation that is attributable
to the application of new storm datum that may require a
higher level of vertical protection in order to comply with
100-year floodplain certification and standard protect
hurricane.
(e) The amounts provided under this heading are designated
as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution on
the budget for fiscal year 2006.
______
SA 3729. Mr. CHAFFE submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE ISLAND
Sec. 7___. (a) In this section:
(1) The term ``Barrier'' means the Fox Point Hurricane
Barrier, Providence, Rhode Island.
(2) The term ``City'' means the city of Providence, Rhode
Island.
(3) The term ``Secretary'' means the Secretary of the Army,
acting through the Chief of Engineers.
(b) Not later than 2 years after the date of enactment of
this Act, the Secretary shall assume responsibility for the
annual operation and maintenance of the Barrier.
(c)(1) The City, in coordination with the Secretary, shall
identify any land and structures required for the continued
operation and maintenance, repair, replacement,
rehabilitation, and structural integrity of the Barrier.
(2) The City shall convey to the Secretary, by quitclaim
deed and without consideration, all rights, title, and
interests of the City in and to the land and structures
identified under paragraph (1).
(d) There are authorized to be appropriated to the
Secretary such funds as are necessary for each fiscal year to
operate and maintain the Barrier (including repair,
replacement, and rehabilitation).
______
SA 3730. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 235, between lines 19 and 20, insert the following:
SEC. 30__. REPORT ON FIRE SEASON.
Not later than June 1, 2006, the Secretary of the Interior
shall submit to Congress a report that--
(1) assesses the projected severity of the pending fire
season;
(2) taking into consideration drought, hazardous fuel
buildup, and insect infestation, identifies the areas in
which the threat of the pending fire season is the most
serious;
(3) describes any actions recommended by the Secretary of
the Interior to mitigate the threat of the pending fire
season; and
(4) specifies the amount of funds that would be necessary
to carry out the actions recommended by the Secretary under
paragraph (3).
______
SA 3731. Mr. WARNER submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 117, between lines 9 and 10, insert the following:
SENSE OF SENATE ON IRAQ
Sec. 1312. (a) Findings.--The Senate makes the following
findings:
(1) No community in Iraq was spared from Saddam's campaign
of repression and division.
(2) Liberation has brought its own challenges. Saddam's
removal from power was the essential first step in restoring
stability, freedom, and sovereignty for the Iraqi people.
(3) Iraq is a nation with many ethnic, religious,
sectarian, regional, and tribal divisions, and before Saddam
Hussein, Iraqis from three different backgrounds were able to
live and work together.
(4) The terrorists and insurgents are unable to stop Iraq's
march toward freedom, democracy, and economic security.
(5) The Iraqi Council of Representatives' approval on April
22, 2006, of the Presidency Council consisting of Jalal
Talabani as President and two Deputy Presidents, and the
election of a Speaker and two Deputy Speakers is a
significant step forward, as is the decision by the Iraqi
political leadership to select Jawad al-Maliki as the Prime
Minister designate.
(b) Sense of Senate.--It is the sense of the Senate--
(1) that Iraq has crossed another major milestone in its
march toward freedom, democracy, and stability with the
establishment of its first permanent democratically elected
government that will chart the course for Iraq's future in a
way denied to previous generations of Iraqis;
(2) to commend Iraq's new national leaders on their
selection, and the Iraqi people, for another important
milestone in their democratic evolution;
(3) to strongly encourage Iraq's leaders to seize this
pivotal moment to--
(A) complete the formation of a government of national
unity and expand support for the Iraq Constitution through
amendments to the Iraq Constitution, implementing legislation
that enjoys widespread support among all major parliamentary
blocs, or both;
(B) pursue policies and actions that will defeat terrorists
and insurgents, and promote stability;
(C) strengthen the economy, rebuild infrastructure, and
provide jobs;
(D) select cabinet officials who reflect the diversity of
the Iraqi people and who can deliver services to the Iraqi
people and manage their ministries effectively and
efficiently;
(E) form a national security council to improve government
coordination on these and other difficult issues;
(F) ensure there is no place in a free and democratic Iraq
for armed groups operating outside of the law;
(G) find and remove any local or national police leaders
showing evidence of militia loyalties; and
(H) address critical issues such as the process known as
de-Ba'athification, the operation of security ministries, and
the distribution of oil revenues in a spirit of national
unity;
(4) to acknowledge that progress is being made in Iraq and
look to the Iraqi government to come to political solutions
in a timely, evenhanded and inexorable manner;
(5) to recognize the magnificent performance of the United
States Armed Forces and the coalition partners, and United
States Government officials from many departments and
agencies, as well as the sacrifices of their families at
home; and
(6) to always honor the conduct and valor of those who have
given life or limb in this noble mission and the families and
loved ones who support them.
______
SA 3732. Mr. GRASSLEY (for himself and Mr. Baucus) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 186, after line 22, add the following:
Sec. 2704. Of the funds made available under the heading
``Disaster Relief'' under the heading ``Federal Emergency
Management Agency'' in chapter 5 of this title, $38,000,000
is hereby transferred to the Social Security Administration
for necessary expenses and direct or indirect losses related
to the consequences of Hurricane Katrina and other hurricanes
of the 2005 season: Provided, That the amount transferred by
this section is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
______
SA 3733. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
Before the period at the end of title VI (relating to
pandemic flu), insert the following: ``: Provided further,
That $10,000,000 of such amount shall be for the development
of a neuraminidase inhibitor as an antiviral therapy for
seasonal and pandemic influenza, including all strains of
avian influenza, that can be administered to patients
parenterally: Provided further, That $10,000,000 of such
amount shall be for the purchase of an automated high
thoroughput molecular differential diagnosis system to assist
in carrying
[[Page S3810]]
out domestic and global disease surveillance''.
______
SA 3734. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 253, between lines 19 and 20, insert the following:
BORDER SECURITY IN THE EL PASO SECTOR
Sec. __. (a) Additional Amount for Construction.--The
amount appropriated by this Act under the heading
``Construction'' under the heading ``Customs and Border
Protection'' is increased by $20,000,000.
(b) Availability.--Of the amount appropriated by this Act
under the heading ``Construction'' under the heading
``Customs and Border Protection'', as increased by subsection
(a), $20,000,000 to remain available until expended shall be
available for the El Paso Sector to enhance tactical
infrastructure.
(c) Offset.--Of the amount appropriated by title II of
division D of the Consolidated Appropriations Act, 2005
(Public Law 108-447) under the heading ``Economic Support
Fund'' for direct assistance for the West Bank and Gaza,
$20,000,000, are rescinded.
______
SA 3735. Mr. LAUTENBERG (for himself and Mr. Menendez) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 162, between lines 12 and 13, insert the following:
RAMAPO RIVER AT OAKLAND FLOOD CONTROL PROJECT
For an additional amount for the Corps of Engineers for the
completion of the Ramapo River at Oakland flood control
project in the State of New Jersey, $445,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
______
SA 3736. Mr. SALAZAR submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 172, strike lines 15 through 21 and insert the
following: ``System'' for necessary expenses, $50,000,000, to
remain available until expended: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.''
______
SA 3737. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 117, between lines 9 and 10, insert the following:
ADDITIONAL AMOUNT FOR PROCUREMENT, DEFENSE-WIDE
Sec. 1312. (a) Additional Amount.--The amount appropriated
by this chapter under the heading ``Procurement, Defense-
Wide'' is hereby increased by $2,000,000.
(b) Offset.--The amount appropriated by chapter 5 of title
II under the heading ``Disaster Relief'' is hereby decreased
by $2,000,000, with the amount of the reduction to be
allocated to amounts available under that heading for
operation costs of the Federal Emergency Management Agency.
______
SA 3738. Mr. INOUYE submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 142, line 20, after the colon, insert the
following: ``Provided further, That notwithstanding any other
provision of law, $5,500,000 shall be available for low-
interest loans to businesses and individuals to assist in the
recovery efforts resulting from the heavy rains and
thunderstorms in Hawaii that began on February 20, 2006:''.
______
SA 3739. Mr. INOUYE submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 165, line 20, after ``Provided, That'', insert the
following: ``notwithstanding any other provision of law,
$27,800,000 of the amount shall be for the State of Hawaii,
with $21,000,000 of the amount for assistance with repairs to
Round Top Drive, $4,500,000 of the amount for public
assistance for the State and counties in the State, and
$2,300,000 of the amount for individual assistance and
disaster loan programs: Provided further, That''.
______
SA 3740. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. FUNDING FOR PANDEMIC INFLUENZA VACCINE INJURY
COMPENSATION.
For an additional amount for the ``Public Health and Social
Services Emergency Fund'' to compensate individuals harmed by
pandemic influenza vaccines, $289,000,000: Provided, That the
amounts provided for under this section shall be designated
as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress).
______
SA 3741. Mr. LIEBERMAN (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 238, line 25, insert ``through the Global Avian
Influenza Network for Surveillance (GAINS) and other
programs'' after ``global disease and surveillance''.
______
SA 3742. Mr. SALAZAR submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 172, after line 21, add the following:
For an additional amount for the ``National Forest System''
for necessary expenses related to projects focused on
reducing the risk of catastrophic fires and mitigating the
effects of widespread insect infestations, $30,000,000:
Provided, That the amount provided under this heading is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
______
SA 3743. Mr. LEVIN (for himself, Ms. Stabenow, Mr. Coleman, and Mr.
Voinovich) submitted an amendment intended to be proposed by him to the
bill H.R. 4939, making emergency supplemental appropriations for the
fiscal year ending September 30, 2006, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. SCREENING OF MUNICIPAL SOLID WASTE.
(a) Findings.--Congress finds, based on the review of the
Office of the Inspector General of the Department of Homeland
Security of the effectiveness of screening by the Bureau of
Customs and Border Protection of trucks carrying Canadian
municipal solid waste, that--
(1) the Bureau does not have an effective method of
screening and inspecting the 350 truckloads of municipal
solid waste that enter the United States daily through the
Detroit and Port Huron ports of entry;
(2) the effectiveness of technologies used as of the date
of enactment of this Act to test for the presence of
radiation in municipal solid waste is limited;
(3) visual presentation of vehicle and cargo inspection
systems does not allow for easily distinguishing drugs,
weapons, and other contraband in municipal solid waste; and
(4)(A) physical inspections of municipal solid waste are of
limited value because it is difficult to thoroughly inspect
compacted municipal solid waste to identify illegal cargo;
and
(B) relatively few physical inspections are performed
because the inspections are labor intensive.
(b) Definitions.--In this section:
(1) Bureau.--The term `` Bureau'' means the Bureau of
Customs and Border Protection.
(2) Commercial motor vehicle.--The term ``commercial motor
vehicle'' has the meaning given the term in section 31101 of
title 49, United States Code.
(3) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau.
(4) Municipal solid waste.--The term ``municipal solid
waste'' includes sludge (as defined in section 1004 of the
Solid Waste Disposal Act (42 U.S.C. 6903)).
(c) Report to Congress.--Not later than 90 days after the
date of enactment of this Act, the Commissioner shall submit
to Congress a report that identifies the actions that the
Bureau will take to achieve the same level of effectiveness
in the screening of municipal solid waste for the presence of
chemical, nuclear, biological, and radiological weapons, as
those methodologies and
[[Page S3811]]
technologies used by the Bureau to screen for those materials
in other items of commerce entering the United States through
commercial motor vehicle transport.
(d) Impact on Commercial Motor Vehicles.--The Secretary
shall deny entry into the United States for any commercial
motor vehicle carrying municipal solid waste until the
Secretary certifies to Congress that the methodologies and
technologies used by the Bureau to screen for and detect the
presence of chemical, nuclear, biological, and radiological
weapons in municipal solid waste are as effective as the
methodologies and technologies used by the Bureau to screen
for those materials in other items of commerce entering the
United States through commercial motor vehicle transport if--
(1) the Commissioner fails to submit the report under
subsection (c);
(2) the report under subsection (c) fails to identify
methodologies and technologies that could be feasibly and
reasonably implemented by the Bureau to achieve the level of
effectiveness in the screening of municipal solid waste
described in subsection (c); or
(3)(A) the report under subsection (c) sufficiently
identifies methodologies and technologies that could be
feasibly and reasonably implemented by the Bureau to achieve
the level of effectiveness in the screening of municipal
solid waste described in that subsection; but
(B) the Commissioner fails to fully implement the actions
identified in the report before date that is 90 days after
the date on which the report is submitted.
______
SA 3744. Mr. LEVIN (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 159, line 19, insert after ``expended'' the
following: ``, of which $400,000 shall be made available for
emergency repairs of the Federal project at Petoskey Harbor,
Michigan, in order to repair damages due to storms that
occurred during the fall of 2005 and the winter of 2006,
which breached the breakwater, endangering local marine
facilities and reducing the effectiveness of the only safe
harbor between Charlevoix, Michigan, and Mackinaw City,
Michigan''.
______
SA 3745. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION
For an additional amount for the Substance Abuse and Mental
Health Services Administration, $350,000 to expand the Wayne
County, Michigan drug court program to include the use of
partial agonist therapy and opiate antagonist therapy in
providing addiction treatment.
______
SA 3746. Mr. LIEBERMAN submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 167, beginning on line 7 strike ``,
notwithstanding'' and all that follows through ``(42 U.S.C.
5174)'' on line 9.
______
SA 3747. Mr. REED submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
SEC. 7032. EMERGENCY ASSISTANCE FOR UNANTICIPATED INCREASES
IN UTILITY RATES.
(a) Public Housing Agencies.--
(1) In general.--To address unanticipated increases in
utility rates, there are appropriated $250,000,000, to public
housing agencies for the operation and management of public
housing, as authorized under section 9(e) of the United
States Housing Act of 1937 (42 U.S.C. 1437g(e)).
(2) Distribution of funds.--The Secretary of Housing and
Urban Development shall reimburse a public housing agency for
utility cost increases from funds made available under
paragraph (1), upon submission of proof by the agency to the
Secretary of such increases.
(b) Section 8 Tenant-Based Rental Assistance.--
(1) In general.--To address unanticipated increases in
utility rates, there are appropriated $243,000,000, to be
available to residents receiving tenant-based rental
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(2) Distribution of funds.--Public housing agencies
administering tenant-based rental assistance under section 8
shall be entitled to additional funds made available under
paragraph (1) to provide for utility allowance increases for
section 8 participants upon submission of proof to the
Secretary of such utility allowance cost increases.
(3) Payment standard.--The payment standard limitation
under section 8(o)(1) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(1)) may be exceeded without prior
approval by the Secretary in instances where an increase in
the utility allowance of a resident under paragraph (1)
causes the assistance needs of that resident to rise above
such limit.
(c) Emergency Designation.--The amounts appropriated under
subsections (a) and (b) are designated as an emergency
requirement under section 402 of H. Con. Res. 95 (109th
Congress).
______
SA 3748. Mr. SALAZAR (for himself, Mr. Allard, Mr. McConnell, Mr.
Wyden, and Mr. Bayh) submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
Sense of the Senate on destruction of chemical weapons
Sec. 7032. (a) The Senate makes the following findings:
(1) The Convention on the Prohibition of the Development,
Production, Stockpiling and Use of Chemical Weapons and on
Their Destruction, done at Paris on January 13, 1993
(commonly referred to as the ``Chemical Weapons
Convention''), requires all United States chemical weapons
stockpiles be destroyed by April 29, 2012.
(2) On April 10, 2006, the Department of Defense notified
Congress that the United States would not meet the deadline
under the Chemical Weapons Convention for destruction of
United States chemical weapons stockpiles.
(3) Destroying existing chemical weapons is a homeland
security imperative, an arms control priority, and required
by United States law.
(4) The elimination and nonproliferation of chemical
weapons of mass destruction is of utmost importance to the
national security of the United States.
(b) It is the sense of the Senate that--
(1) the United States is committed to making every effort
to safely dispose of its chemical weapons stockpiles by the
Chemical Weapons Convention deadline of April 29, 2012, or as
soon thereafter as possible, and will carry out all of its
other obligations under the Convention; and
(2) the Secretary of Defense should prepare a comprehensive
schedule for safely destroying the United States chemical
weapons stockpiles to prevent further delays in the
destruction of such stockpiles, and the schedule should be
submitted annually to the congressional defense committees
separately or as part of another required report.
______
SA 3749. Ms. CANTWELL (for herself, Mr. Biden, and Mr. Leahy)
submitted an amendment intended to be proposed by her to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:
On page 117, between lines 9 and 10, insert the following:
REPORTS ON WITHDRAWAL OR DIVERSION OF EQUIPMENT FROM RESERVE UNITS FOR
SUPPORT OF RESERVE UNITS BEING MOBILIZED AND OTHER UNITS
Sec. 1312. (a) Findings.--Congress makes the following
findings:
(1) The National Guard continues to provide invaluable
resources to meet national security, homeland defense, and
civil emergency mission requirements.
(2) Current military operations, transnational threats, and
domestic emergencies will increase the use of the National
Guard for both military support to civilian authorities and
to execute the military strategy of the United States.
(3) To meet the demand for certain types of equipment for
continuing United States military operations, the Army has
required Army National Guard Units to leave behind many items
for use by follow-on forces.
(4) The Governors of every State and 2 Territories
expressed concern in February 2006 that units returning from
deployment overseas without adequate equipment would have
trouble carrying out their homeland security and domestic
disaster duties.
(5) The Department of Defense estimates that it has
directed the Army National Guard to leave overseas more than
75,000 items valued at approximately $1,760,000,000 to
support Operation Enduring Freedom and Operation Iraqi
Freedom.
(6) Department of Defense Directive 1225.6 requires a
replacement and tracking plan be developed within 90 days for
equipment of the reserve components of the Armed Forces that
is transferred to the active components of the Armed Forces.
(7) In October 2005, the Government Accountability Office
found that the Department of Defense can only account for
about 45 percent of such equipment and has not developed a
plan to replace such equipment.
[[Page S3812]]
(8) The Government Accountability Office also found that
without a completed and implemented plan to replace all
National Guard equipment left overseas, Army National Guard
units will likely face growing equipment shortages and
challenges in regaining readiness for future missions.
(b) Reports on Withdrawal or Diversion of Equipment From
Reserve Units for Support of Reserve Units Being Mobilized
and Other Units.--
(1) In general.--Chapter 1007 of title 10, United States
Code, is amended by inserting after section 10208 the
following new section:
``Sec. 10208a. Mobilization: reports on withdrawal or
diversion of equipment from Reserve units for support of
Reserve units being mobilized and other units
``(a) Report Required on Withdrawal or Diversion of
Equipment.--Not later than 90 days after withdrawing or
diverting equipment from a unit of the Reserve to a unit of
the Reserve being ordered to active duty under section 12301,
12302, or 12304 of this title, or to a unit or units of a
regular component of the armed forces, for purposes of the
discharge of the mission of such unit or units, the Secretary
concerned shall submit to the Secretary of Defense a report
on the withdrawal or diversion of equipment.
``(b) Elements.--Each report under subsection (a) on
equipment withdrawn or diverted shall include the following:
``(1) A plan to replace such equipment within the unit from
which withdrawn or diverted.
``(2) If such equipment is to remain in a theater of
operations while the unit from which withdrawn or diverted
returns to the United States, a plan to provide such unit
with replacement equipment appropriate to ensure the
continuation of the readiness training of such unit.
``(3) A signed memorandum of understanding between the
active or reserve component to which withdrawn or diverted
and the reserve component from which withdrawn or diverted
that specifies--
``(A) how such equipment will be tracked by the unit or
units to which withdrawn or diverted; and
``(B) when such equipment will be returned to the unit from
which withdrawn or diverted.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 1007 of such title is amended by
inserting after the item relating to section 10208 the
following new item:
``10208a. Mobilization: reports on withdrawal or diversion of equipment
from Reserve units for support of Reserve units being
mobilized and other units.''.
______
SA 3750. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 159, strike lines 1 through 10 and insert the
following:
$7,250,000, to remain available until expended: Provided,
That the Secretary of the Army, acting through the Chief of
Engineers, shall use $3,500,000 to develop a comprehensive
plan, at full Federal expense, that, at a minimum, will
deauthorize deep draft navigation on the Mississippi River
Gulf Outlet established by Public Law 84-455 (70 Stat. 65,
chapter 112) (referred to in this matter as the ``Outlet)'',
extending from the Gulf of Mexico to the Gulf Intracoastal
Waterway, and address wetland losses attributable to the
Outlet, channel bank erosion, hurricane and storm protection,
saltwater intrusion, navigation, ecosystem restoration, and
related issues: Provided further, That the plan shall include
recommended authorization modifications to the Outlet
regarding what, if any, navigation should continue, measures
to provide hurricane and storm protection, prevent saltwater
intrusion, and re-establish the storm buffering properties
and ecological integrity of the wetland damaged by
construction and operation of the Outlet, and complement
restoration of coastal Louisiana: Provided further, That the
Secretary shall develop the plan in consultation with the
Parish of St. Bernard, Louisiana, the State of Louisiana, the
Secretary of the Interior, the Secretary of Commerce, the
Administrator of the Environmental Protection Agency, and the
National Academy of Sciences: Provided further, That the
Secretary shall seek input, review, and comment from the
public and the scientific community on the plan: Provided
further, That the Secretary shall ensure that an independent
panel of experts established by the National Academy of
Sciences reviews and provides written comments on the
proposed plan: Provided further, That, not later than 1 year
after the date of enactment of this Act, the Secretary shall
submit an interim report to Congress comprising the plan, the
written comments of the independent panel of experts, and the
written explanation of the Secretary for any recommendation
of the independent panel of experts not adopted in the plan:
Provided further, That the Secretary shall refine the plan,
if necessary, to be fully consistent, integrated, and
included in the final technical report to be issued in
December 2007 pursuant to the matter under the heading
``investigations'' under the heading ``Corps of Engineers--
Civil'' of title I of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103, 119 Stat. 2247;
Public Law 109-148, 119 Stat. 2814): Provided further, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
05 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006: Provided further, That, of the amount
made available under this heading, $3,750,000 shall be
available only to the extent that an official budget request
for a specific dollar amount, that includes designation of
the entire amount of the request as an emergency requirement,
is transmitted by the President to Congress.
______
SA 3751. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place under the heading ``flood control
and coastal emergencies'', insert the following:
CLOSURES AND REPAIRS OF LEVEES, LOUISIANA
For an additional amount for flood control and coastal
emergencies for the State of Louisiana, $473,000,000, to
remain available until expended for use for closures and pump
stations for interior drainage canals, navigable closures on
the Industrial Canal and Gulf Intracoastal Waterway, repairs
for non-Federal levees in Terrebonne Parish, incorporation of
the West Bank and East Bank non-Federal levees in Plaquemines
Parish, and additional levee armoring: Provided, That not
less than $4,000,000 of that amount shall be used for the
Comite River Diversion flood control project authorized by
section 101(11) of the Water Resources Development Act of
1992 (Public Law 102-580; 106 Stat. 4802): Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006.
______
SA 3752. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 178, after line 21, add the following:
Economic Development Administration
For an additional amount for the mitigation of increased
costs resulting from the loss of deep draft navigation access
to certain facilities at the Port of New Orleans in the
aftermath of Hurricane Katrina, $8,500,000, to remain
available until September 30, 2007, to be provided by the
Secretary of Commerce, acting through the Assistant Secretary
for Economic Development, to the Port of New Orleans in the
form of a grant: Provided, That the Secretary shall
administer the grant under this section in accordance with
section 209 of the Public Works and Economic Development Act
of 1965 (42 U.S.C. 3149): Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
______
SA 3753. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 198, line 18, strike ``Provided further, That'' and
all that follows through ``assistance:'' on page 199, line 1,
and insert the following: ``Provided further, That no less
than $100,000,000 shall be made available as project-based
assistance used to support the reconstruction, rebuilding,
and repair of assisted housing that suffered the consequences
of Hurricane Katrina and other hurricanes of the 2005 season
or new structures supported under the low income tax credit
program: Provided further, That previously assisted HUD
project-based housing and residents of such housing shall be
accorded a preference in the use of such project-based
assistance, except that such funds shall be made available
for 4,500 project-based vouchers for supportive housing units
for persons with disabilities, as that term is defined in
section 422(2) of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11382(2)), elderly families, or previously
homeless individuals and families: Provided further, That the
limitation contained in section 8(o)(13)(B) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B)) shall
not apply to such funds:''
______
SA 3754. Mr. DURBIN (for himself and Ms. Stabenow) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for
[[Page S3813]]
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ADDITIONAL AMOUNTS FOR FIREFIGHTER ASSISTANCE GRANTS
TO ADDRESS THE 9/11 COMMISSION'S FINDINGS.
For an additional amount for ``Firefighter Assistance
Grants'' under ``Preparedness and Recovery'' for the
Department of Homeland Security, $100,000,000 for Firefighter
Assistance Grants in high-risk areas for communications
connectivity compliant with the interoperable communication
plan of the relevant city or State.
______
SA 3755. Mr. DODD submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 240, between lines 2 and 3, insert the following:
TITLE VII
ELECTION REFORM
Election Assistance Commission
Election Reform Programs
For necessary expenses to carry out a program of
requirements payments to States as authorized by section 257
of the Help America Vote Act of 2002, $724,000,000, to remain
available until expended: Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
Department of Health and Human Services
disabled voter services
For necessary expenses to carry out programs as authorized
by the Help America Vote Act of 2002, $74,000,000, to remain
available until expended: Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.
______
SA 3756. Mr. BAYH submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 117, between lines 9 and 10, insert the following:
income replacement payments for reserves experiencing extended and
frequent mobilization for active duty service
Sec. 1312. (a) Modification of Eligibility.--Section
910(b)(1) of title 37, United States Code, is amended by
striking ``18 continuous months of service'' and inserting
``six continuous months of service''.
(b) Funding.--
(1) Additional amount for military personnel.--The
aggregate amount appropriated by this chapter under the
heading ``MILITARY PERSONNEL'' is hereby increased by
$27,000,000, with the entire amount of the increase
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
(2) Availability.--Of the amounts appropriated by this
chapter under the heading ``MILITARY PERSONNEL'', as
increased by paragraph (1), $27,000,000 shall be available in
fiscal year 2006 for the payment of income replacement
payments for Reserves experiencing extended and frequent
mobilization for active duty service under section 910 of
title 37, United States Code, as a result of the amendment
made by subsection (a).
______
SA 3757. Mr. BAYH submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 117, between lines 9 and 10, insert the following:
NEXT GENERATION PROTECTIVE GEAR FOR SMALL-ARMS AND BIOTERRORISM THREATS
TO TROOPS
Sec. 1312. (a) Additional Amount for Research, Development,
Test, and Evaluation, Defense-Wide.--The amount appropriated
by this chapter under the heading ``Research, Development,
Test, and Evaluation, Defense-Wide'' is hereby increased by
$10,000,000, with the entire amount of the increase
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
(b) Availability of Amount.--Of the amount appropriated by
this chapter under the heading ``Research, Development, Test,
and Evaluation, Defense-Wide'', as increased by subsection
(a), $10,000,000 shall be available for grants to research
institutions of higher education for research and development
on next generation protective gear for small-arms threats and
bioterrorism threats to troops.
______
SA 3758. Mr. SCHUMER (for himself and Mr. Reid) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
At the appropriate place, insert the following:
SEC. __. MEASURES TO ADDRESS PRICE GOUGING AND MARKET
MANIPULATION.
(a) Federal Trade Commission.--
(1) Additional amount.--For an additional amount for
``Federal Trade Commission Salaries and Expenses'' under the
heading ``RELATED AGENCIES'' of title V of the Science,
State, Justice, Commerce, and Related Agencies Appropriations
Act, 2006 (Public Law 109-108), $10,000,000.
(2) Use.--Of the amount appropriated for ``Federal Trade
Commission Salaries and Expenses'', as increased by paragraph
(1), $10,000,000 shall be available to investigate and
enforce price gouging complaints and other market
manipulation activities by companies engaged in the wholesale
and retail sales of gasoline and petroleum distillates.
(b) Commodity Futures Trading Commission.--
(1) Additional amount.--For an additional amount for
``Commodity Futures Trading Commission'' under the heading
``RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION'' of
title VI of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2006
(Public Law 109-97), $10,000,000.
(2) Use.--Of the amount appropriated for ``Commodity
Futures Trading Commission'', as increased by paragraph (1),
$10,000,000 shall be available for activities--
(A) to enhance investigation of energy derivatives markets;
(B) to ensure that speculation in those markets is
appropriate and reasonable; and
(C) for data systems and reporting programs that can
uncover real-time market manipulation activities.
(c) Securities and Exchange Commission.--
(1) Additional amount.--For an additional amount for
``Securities and Exchange Commission Salaries and Expenses ''
under the heading ``RELATED AGENCIES'' of title V of the
Science, State, Justice, Commerce, and Related Agencies
Appropriations Act, 2006 (Public Law 109-108), $5,000,000.
(2) Use.--Of the amount appropriated for ``Securities and
Exchange Commission Salaries and Expenses'', as increased by
paragraph (1), $5,000,000 shall be available for review and
analysis of major integrated oil and gas company reports and
filings for compliance with disclosure, corporate governance,
and related requirements.
(d) Energy Information Administration.--
(1) Additional amount.--For an additional amount for
``Energy Information Administration'' under the heading
``DEPARTMENT OF ENERGY'' of title III of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103),
$10,000,000.
(2) Use.--Of the amount appropriated for ``Energy
Information Administration'', as increased by paragraph (1),
$10,000,000 shall be available for activities to ensure real-
time and accurate gasoline and energy price and supply data
collection.
(e) Energy Supply and Conservation.--
(1) Additional amount.--For an additional amount for
``Energy Supply and Conservation'' under the heading
``DEPARTMENT OF ENERGY'' of title III of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103),
$315,000,000.
(2) Use.--Of the amount appropriated for ``Energy Supply
and Conservation'', as increased by paragraph (1),
$315,000,000 shall be available to provide grants to State
energy offices for--
(A) the development and deployment of real-time information
systems for energy price and supply data collection and
publication;
(B) programs and systems to help discover energy price
gouging and market manipulation;
(C) critical energy infrastructure protection;
(D) clean distributed energy projects that promote energy
security; and
(E) programs to encourage the adoption and implementation
of energy conservation and efficiency technologies and
standards.
(f) Government Accountability Office.--
(1) Additional amount.--For an additional amount for
``Salaries and Expenses'' under the heading ``GOVERNMENT
ACCOUNTABILITY OFFICE'' of title I of the Legislative Branch
Appropriations Act, 2006 (Public Law 109-55), $50,000.
(2) Use.--Of the amount appropriated for ``Salaries and
Expenses'', as increased by paragraph (1), $50,000 shall be
available to the Government Accountability for the
preparation of a report, to be submitted to the appropriate
committees of Congress not later than 90 days after the date
of enactment of this Act, that includes--
(A) a review of the mergers between Exxon and Mobil,
Chevron and Texaco, and Conoco and Phillips, and other
mergers of significant or comparable scale in the oil
industry
[[Page S3814]]
that have occurred since 1990, including an assessment of the
impact of the mergers on--
(i) market concentration;
(ii) the ability of the companies to exercise market power;
(iii) wholesale prices of petroleum products; and
(iv) the retail prices of petroleum products;
(B) an assessment of the impact that vitiating the mergers
reviewed under subparagraph (A) would have on each of the
matters described in clauses (i) through (iv) of subparagraph
(A);
(C) an assessment of the impact of prohibiting any 1
company from simultaneously owning assets in each of the oil
industry sectors of exploration, refining and distribution,
and retail on each of the matters described in clauses (i)
through (iv) of subparagraph (A);
(D) an assessment of--
(i) the effectiveness of divestitures ordered by the
Federal Trade Commission in preventing market concentration
as a result of oil industry mergers approved since 1995; and
(ii) the effectiveness of the Federal Trade Commission in
identifying and preventing--
(I) market manipulation;
(II) commodity withholding;
(III) collusion; and
(IV) other forms of market power abuse in the oil industry;
and
(E) an assessment of--
(i) whether any of the 5 largest oil companies in the
United States have taken any actions to exert influence on
independent or franchise retail gasoline stations to
discourage or prohibit the installation of storage tanks and
pumps capable of storing and dispensing E85 gasoline; and
(ii) whether the actions described in clause (i) would be
considered anticompetitive.
(g) Emergency Designation.--The amounts provided under this
section are designated as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
______
SA 3759. Mr. LEVIN (for himself, Ms. Stabenow, Mr. DeWine, and Mr.
Voinovich) submitted an amendment intended to be proposed by him to the
bill H.R. 4939, making emergency supplemental appropriations for the
fiscal year ending September 30, 2006, and for other purposes; which
was ordered to lie on the table; as follows:
On page 235, between lines 19 and 20, insert the following:
SEC. 3065. EMERALD ASH BORER.
The Secretary shall use $15,000,000 of funds of the
Commodity Credit Corporation to carry out activities for the
eradication of the emerald ash borer in the States of
Michigan, Ohio, and Indiana.
______
SA 3760. Mr. BIDEN (for himself, Mr. Lugar, and Mr. Leahy) submitted
an amendment intended to be proposed by him to the bill H.R. 4939,
making emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 99, line 11, insert after the colon the following:
``Provided further, That the Secretary shall submit, at the
same time as the report required by the previous proviso, a
report to the Committees on Appropriations, Armed Services,
and Foreign Relations of the Senate and the Committees on
Appropriations, Armed Services, and International Relations
of the House of Representatives summarizing the quantity and
type of assistance provided to the security forces of
Afghanistan during the previous fiscal quarter:''.
On page 101, line 8, insert after the colon the following:
``Provided further, That the Secretary shall submit, at the
same time as the report required by the previous proviso, a
report to the Committees on Appropriations, Armed Services,
and Foreign Relations of the Senate and the Committees on
Appropriations, Armed Services, and International Relations
of the House of Representatives summarizing the quantity and
type of assistance provided to the security forces of Iraq
during the previous fiscal quarter:''.
______
SA 3761. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
CONTRACT AUTHORITY
Sec. 70__. (a) Section 1940 of the Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for
Users (Public Law 109-59; 119 Stat. 1511) is amended--
(1) in subsection (a)--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively; and
(C) by striking ``$10,000,000'' each place that it appears
and inserting ``$12,500,000''; and
(2) by adding at the end the following:
``(c) Contract Authority.--Except as otherwise provided in
this section, funds authorized to be appropriated under this
section shall be available for obligation in the same manner
as if the funds were apportioned under chapter 1 of title 23,
United States Code.''.
(b) Of the unobligated balances of funds apportioned to
each State under chapter 1 of title 23, United States Code,
$50,000,000 is rescinded.
______
SA 3762. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 126, between lines 12 and 13, insert the following:
report on alleged clandestine detention facilities for individuals
captured in the global war on terrorism
Sec. 1406. (a) In General.--The President shall ensure that
the United States Government continues to comply with the
authorization, reporting, and notification requirements of
title V of the National Security Act of 1947 (50 U.S.C. 413
et seq.).
(b) Director of National Intelligence Report.--
(1) Report required.--Utilizing funds appropriated by this
Act and available for the intelligence and intelligence-
related activities of the United States Government in an
amount not to exceed $100,000, the Director of National
Intelligence shall, not later than 60 days after the date of
the enactment of this Act, provide to the members of the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives a detailed report setting forth the nature
and cost of, and otherwise providing a full accounting on,
any clandestine prison or detention facility currently or
formerly operated by the United States Government, regardless
of location, where detainees in the global war on terrorism
are or were being held.
(2) Elements.--The report required by paragraph (1) shall
set forth, for each prison or facility, if any, covered by
such report, the following:
(A) The location and size of such prison or facility.
(B) If such prison or facility is no longer being operated
by the United States Government, the disposition of such
prison or facility.
(C) The number of detainees currently held or formerly
held, as the case may be, at such prison or facility.
(D) Any plans for the ultimate disposition of any detainees
currently held at such prison or facility.
(E) A description of the interrogation procedures used or
formerly used on detainees at such prison or facility and a
determination, in coordination with other appropriate
officials, on whether such procedures are or were in
compliance with United States obligations under the Geneva
Conventions and the Convention Against Torture.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in classified form.
______
SA 3763. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 126, between lines 12 and 13, insert the following:
report on alleged clandestine detention facilities for individuals
captured in the global war on terrorism
Sec. 1406. (a) In General.--The President shall ensure that
the United States Government continues to comply with the
authorization, reporting, and notification requirements of
title V of the National Security Act of 1947 (50 U.S.C. 413
et seq.).
(b) Director of National Intelligence Report.--
(1) Report required.--Utilizing funds appropriated by this
Act and available for the intelligence and intelligence-
related activities of the United States Government in an
amount not to exceed $100,000, the Director of National
Intelligence shall, not later than 60 days after the date of
the enactment of this Act, provide to the members of the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives a detailed report setting forth the nature
and cost of, and otherwise providing a full accounting on,
any clandestine prison or detention facility currently or
formerly operated by the United States Government, regardless
of location, where detainees in the global war on terrorism
are or were being held.
(2) Elements.--The report required by paragraph (1) shall
set forth, for each prison or facility, if any, covered by
such report, the following:
(A) The location and size of such prison or facility.
(B) If such prison or facility is no longer being operated
by the United States Government, the disposition of such
prison or facility.
(C) The number of detainees currently held or formerly
held, as the case may be, at such prison or facility.
[[Page S3815]]
(D) Any plans for the ultimate disposition of any detainees
currently held at such prison or facility.
(E) A description of the interrogation procedures used or
formerly used on detainees at such prison or facility and a
determination, in coordination with other appropriate
officials, on whether such procedures are or were in
compliance with United States obligations under the Geneva
Conventions and the Convention Against Torture.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in classified form.
______
SA 3764. Mr. KERRY (for himself and Mr. Biden) submitted an amendment
intended to be proposed by him to the bill H.R. 4939, making emergency
supplemental appropriations for the fiscal year ending September 30,
2006, and for other purposes; which was ordered to lie on the table; as
follows:
On page 88, line 7, insert ``That from that amount, funds
shall be made available for a summit, to be convened by the
President not later than 30 days after the date of the
formation of the new Government of Iraq, that includes
leaders of such Government, leaders of the governments of
each country bordering Iraq, representatives of the Arab
League, the Secretary General of the North Atlantic Treaty
Organisation, representatives of the European Union, and
leaders of the governments of each permanent member of the
United Nations Security Council for the purpose of reaching a
comprehensive political agreement for Iraq that addresses
security guarantees, federalism, oil revenues, militias,
reconstruction efforts, and border security: Provided
further,'' after ``Provided''.
______
SA 3765. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 88, line 7, insert ``That from that amount, funds
shall be made available for a summit, to be convened by the
President not later than 30 days after the date of the
formation of the new Government of Iraq, that includes
leaders of such Government, leaders of the governments of
each country bordering Iraq, representatives of the Arab
League, the Secretary General of the North Atlantic Treaty
Organisation, representatives of the European Union, and
leaders of the governments of each permanent member of the
United Nations Security Council for the purpose of reaching a
comprehensive political agreement for Iraq that addresses
security guarantees, federalism, oil revenues, militias,
reconstruction efforts, and border security: Provided
further,'' after ``Provided''.
______
SA 3766. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
WITHDRAWAL OF TROOPS FROM IRAQ
Sec. __. (a) The President shall withdraw the United States
Armed Forces from Iraq at the earliest practicable date if a
national unity government is not formed in Iraq by May 22,
2006.
(b) If a national unity government is formed in Iraq by May
22, 2006--
(1) the President shall reach an agreement as soon as
possible with such national unity government on a schedule
for the withdrawal of United States combat troops from Iraq
by December 31, 2006, leaving only forces that are critical
to completing the mission of standing up Iraqi security
forces; and
(2) the President shall consult with Congress regarding
such schedule and shall present such withdrawal agreement to
Congress immediately upon the completion of the agreement.
(c) The President should maintain an over-the-horizon troop
presence to prosecute the war on terror and protect regional
security interests.
______
SA 3767. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
WITHDRAWAL OF TROOPS FROM IRAQ
Sec. __. (a) The President shall withdraw the United States
Armed Forces from Iraq at the earliest practicable date if a
national unity government is not formed in Iraq by May 22,
2006.
(b) If a national unity government is formed in Iraq by May
22, 2006--
(1) the President shall reach an agreement as soon as
possible with such national unity government on a schedule
for the withdrawal of United States combat troops from Iraq
by December 31, 2006, leaving only forces that are critical
to completing the mission of standing up Iraqi security
forces; and
(2) the President shall consult with Congress regarding
such schedule and shall present such withdrawal agreement to
Congress immediately upon the completion of the agreement.
(c) The President should maintain an over-the-horizon troop
presence to prosecute the war on terror and protect regional
security interests.
______
SA 3768. Mr. KENNEDY (for himself and Ms. Mikulski) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
At the end of title VII, insert the following:
Sec. __. In using funds appropriated under Public Law 109-
149 for grants under title V of the Older Americans Act of
1965 (42 U.S.C. 3056 et seq.) for fiscal year 2006, the
Secretary of Labor shall award the grants, beginning in July
2006, on the basis of the Program Year 2005 Planning
Instructions and Allotments for All Applicants (and
attachments to the instructions), as specified in the
Training and Employment Guidance Letter No. 37-04, issued on
June 30, 2005.
______
SA 3769 Mr. DOMENICI (for himself and Mr. Reid) proposed an amendment
to the bill H.R. 4939, making emergency supplemental appropriations for
the fiscal year ending September 30, 2006, and for other purposes; as
follows:
On page 158, line 23, strike all through page 162, Line 12,
and insert the following:
For an additional amount for ``Investigations'' for
necessary expenses related to the consequences of Hurricane
Katrina and other hurricanes of the 2005 season, $45,000,000,
to remain available until expended: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006: Provided further, That using $20,000,000 of the
funds provided herein, the Secretary of the Army, acting
through the Chief of Engineers, is directed, at full Federal
expense, to inventory all Federal and non-Federal flood and
storm damage reduction projects; develop and test a
methodology to assess the structural and operational
integrity of such projects and the associated risks; and
establish and maintain a database of such projects, which
shall include information on the structural and operational
integrity of the projects and the parties responsible for
operation and maintenance of the projects included
therein: Provided further, That $25,000,000 of the funds
provided herein shall be used for Louisiana Coastal Area
Restoration studies.
For an additional amount for ``Investigations'' for flood
hazard analyses and technical studies related to the
consequences of Hurricane Katrina and other disasters,
$2,500,000 to remain available until expended: Provided, That
the amount provided under this heading is designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006: Provided further, That the Secretary of
the Army acting through the Chief of Engineers is directed to
use funds appropriated herein for disaster and other
emergency needs, of which up to $1,000,000 is for Flood Plain
Management Services for flood Hazard and hydrologic
investigations in flood prone areas of Hawaii; up to
$1,250,000 is for the Delta Islands and Levee study in
California; and $250,000 is for completion of the CALFED 180-
day levee study: Provided further, That the amount shall be
available for the studies identified above and only to the
extent that an official budget request for a specific dollar
amount, that includes designation of the entire amount of the
request as an emergency requirement, is transmitted by the
President to the Congress.
CONSTRUCTION
For an additional amount for ``Construction'' for necessary
expenses related to the consequences of Hurricane Katrina and
other hurricanes of the 2005 season, $595,300,000, to remain
available until expended, of which up to $100,000,000 may be
used to reduce the risk of storm damage to the greater New
Orleans metropolitan area, at full federal expense, by
restoring the surrounding wetlands through measures to
begin to reverse wetland losses in areas affected by
navigation, oil and gas, and other channels and through
modification of the Caernarvon Freshwater Diversion
structure or its operations; at least $495,300,000 shall
be used consistent with the cost-sharing provisions under
which the projects were originally constructed to raise
levee heights where necessary and otherwise enhance the
existing Lake pontchartrain and Vicinity project and the
existing West Bank and Vicinity project to provide the
levels of protection necessary to achieve the
certification required for participation in the National
Flood Insurance Program under the base flood elevations
current at the time of this construction: Provided, That
any project using funds appropriated herein shall be
initiated only after non-Federal interests have entered
into binding agreements with the Secretary of the Army to
pay 100 percent of the operation, maintenance, repair,
replacement and rehabilitation costs of the project and to
hold and save the United
[[Page S3816]]
States free from damages due to the construction or
operation and maintenance of the project, except for
damages due to the fault or negligence of the United
States or its contractors: Provided further, That Congress
designates this amount as an emergency requirement for
these specific purposes: Provided further, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95
(109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
For an additional amount for Construction'' for necessary
expenses related to other disasters, $39,000,000, to remain
available until expended: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year
2006: Provided further, That the Secretary of the Army
acting through the Chief of Engineers is directed to use
funds appropriated herein for disaster and other emergency
needs, of which up to $7,100,000 is for South Sacramento
Streams, California; up to $23,300,000 is for the
Sacramento River Bank Protection, California; up to
$5,100,000 is for American River (Common Features),
California; up to $1,500,000 is for North Padre Island,
Texas; and up to $2,000,000 shall be provided at full
Federal expense for the Hawaii water systems technical
assistance program: Provided further, That the amount
shall be available for the projects identified above and
only to the extent that an official budget request for a
specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement,
is transmitted by the President to the Congress.
operations and maintenance
For an additional amount for ``Operations and Maintenance''
to dredge navigation channels and repair other Corps projects
related to the consequences of Hurricane Katrina and other
hurricanes of the 2005 season, 3,200,000 to remain available
until expended: Provided, That the amount provided under this
heading is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006:
Provided further, That the Secretary of the Army acting
through the Chief of Engineers is directed to use funds
appropriated herein for dredging needs along the Texas gulf
coast, of which up to $2,000,000 is for Freeport Harbor,
Texas; and up to $1,200,000 is for Texas City, Texas:
Provided further, That the amount shall be available only for
the projects identified above and to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request
as an emergency requirement, is transmitted by the
President to the Congress.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ``Flood Control and Coastal
Emergencies,'' as authorized by section 5 of the Flood
Control Act of August 18, 1941, as amended (33 U.S.C. 701n),
for necessary expenses related to the consequences of
Hurricane Katrina and other hurricanes of the 2005 season,
$3,099,000,000, to remain available until expended: Provided,
That the Secretary of the Army is directed to use the funds
appropriated herein to modify, at full Federal expense,
authorized projects in southeast Louisiana to provide
hurricane and storm damage reduction and flood damage
reduction in the greater New Orleans and surrounding areas;
of the funds provided herein, $530,000,000 shall be used to
modify the 17th Street, Orleans Avenue and London Avenue
drainage canals, and install pumps and closure structures at
or near the lakefront; $250,000,000 shall be used for storm-
proofing interior pump stations to ensure their operability
during hurricanes, storms and high water events; $170,000,000
shall be used for armoring critical elements of the New
Orleans hurricane and storm damage reduction system;
$350,000,000 shall be used to improve protection at the Inner
Harbor Navigation Canal; $215,000,000 shall be used to
replace or modify certain non-Federal levees in Plaquemines
Parish to incorporate them into the existing New Orleans to
Venice hurricane protection project; and $1,584,000,000 shall
be used for reinforcing or replacing floodwalls, where
necessary, in the existing Lake Pontchartrain and Vicinity
project and the existing West Bank and Vicinity project to
improve the systems' performance: Provided further, That
any project using funds appropriated herein shall be
initiated only after non-Federal interests have entered
into binding agreements with the Secretary to pay 100
percent of the operation, maintenance, repair,
replacement, and rehabilitation costs of the project and
to hold and save the United States free from damages due
to the construction or operation and maintenance of the
project, except for damages due to the fault or negligence
of the United States or its contractors: Provided further,
That the amount provided under this heading is designated
as an emergency requirement pursuant to section 402 of H.
Con. Res. 95 (109th Congress), the concurrent resolution
on the budget for fiscal year 2006.
For an additional amount for ``Flood Control and Coastal
Emergencies, `` as authorized by section 5 of the Flood
Control Act of August 18, 1941, as amended (33 U.S.C. 701n),
for necessary expenses related to this and other disasters,
$17,500,000, to remain available until expended: Provided,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 (109th Congress), the concurrent resolution on the
budget for fiscal year 2006: Provided further, That the
Secretary of the Army acting through the Chief of Engineers
is directed to use funds appropriated herein for restoration
of funds for hurricane damaged projects in Pennsylvania:
Provided further, That the amount shall be available for the
projects identified above and only to the extent that an
official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as
an emergency requirement, is transmitted by the President to
the Congress.
______
SA 3770. Mr. CRAIG submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
ACTIVITIES AND EXPORTS INVOLVING HYDROCARBON RESOURCES
Sec. 7___. (a) Congress finds that--
(1) the United States is the largest oil importer in the
world;
(2) the Federal Government predicts that, by 2025, 68
percent of the oil used in the United States will be
imported;
(3) \2/3\ of the oil reserves of the world are located in
the politically unstable Middle East and are controlled by
members of the Organization of Petroleum Exporting Countries;
(4) global fuel consumption is projected to increase by 100
percent to 150 percent during the next 20 years, driven
largely by the Chinese and Indian economies;
(5) that increased demand for fuel--
(A) will place the United States in ever-greater
competition for oil and gas resources; and
(B) may result in an extension of Chinese involvement in
developing Cuban oil and gas reserves to within a few miles
of the coastline of the United States;
(6) the United States adheres to the principle that, in a
case in which the exclusive economic zone of the United
States is contiguous to the exclusive economic zone of
another country, a point equidistant to the maritime
baselines of the 2 countries demarcates the exclusive
economic zone of each;
(7) an example of the application of the principle
described in paragraph (6) is that the exclusive economic
zone of Cuba extends to within--
(A) 52 miles of the Florida Keys at--
(i) south of 24 degrees north latitude; and
(ii) east of -81 degrees west longitude; and
(B) 85.4 miles of the Florida peninsula at--
(i) south of 24 degrees north latitude; and
(ii) east of -81 degrees west longitude;
(8) Cubapetroleo, the state oil company of Cuba, recently--
(A) signed an oil production sharing agreement with the
China Petroleum and Chemical Corporation; and
(B) purchased 3 deep-water drilling rigs from that Chinese
state enterprise for use in the exclusive economic zone of
Cuba;
(9) the exclusive economic zone of Cuba in the Gulf of
Mexico is a 112,000-square-kilometer area that has been
divided into 59 exploration blocks, each of which is
approximately 2,000 square kilometers and an average depth of
2,000 meters (except that some of those blocks have a depth
of as great as 4,000 meters);
(10) the northernmost of the exploration blocks described
in paragraph (9) are located off the southwest coast of the
State of Florida;
(11) a United States Geological Survey report entitled
``Assessment of Undiscovered Oil and Gas Resources of the
North Cuba Basin 2004'' estimated that between 1,000,000,000
and 9,300,000,000 barrels of undiscovered oil and between
1,900,000,000,000 and 22,000,000,000,000 cubic feet of
undiscovered natural gas along the northern coast of Cuba;
(12) the national security strategy of the President
recognizes the increasing resource needs of China by stating
that China is ``expanding trade, but acting as if they can
somehow lock up energy supplies around the world or seek to
direct markets rather than opening them up.'';
(13) the United States embargo on Cuba prohibits United
States companies from engaging in the exploration or
extraction of hydrocarbon resources from the exclusive
economic zone of Cuba;
(14) United States oil and gas industries are the world's
leaders in the efficient and environmentally-safe extraction
of oil and gas resources from marine deposits; and
(15) it is in the energy, national security, and
environmental interests of the United States that the oil and
gas companies of the United States be permitted to operate in
the foreign exclusive economic zones that is contiguous to
the exclusive economic zone of the United States.
(b) The purpose of this section is to permit United States
companies to participate in the exploration for and the
extraction of hydrocarbon resources from any portion of a
foreign maritime exclusive economic zone that is contiguous
to the exclusive economic zone of the United States.
(c) Notwithstanding any other provision of law (including a
regulation), United States
[[Page S3817]]
companies (including agents and affiliates of those
companies) may--
(1) engage in any transaction necessary for the exploration
for and extraction of hydrocarbon resources from any portion
of any foreign exclusive economic zone that is contiguous to
the exclusive economic zone of the United States; and
(2) export without license authority all equipment
necessary for the exploration for or extraction of
hydrocarbon resources described in paragraph (1).
(d) Section 910 of the Trade Sanctions Reform and Export
Enhancement Act of 2000 (22 U.S.C. 7209) is amended by
inserting after subsection (b) the following:
``(c) General License Authority for Travel-Related
Expenditures by Persons Engaging in Hydrocarbon Exploration
and Extraction Activities.--
``(1) In general.--The Secretary of the Treasury shall,
authorize under a general license the travel-related
transactions listed in section 515.560(c) of title 31, Code
of Federal Regulations, for travel to, from or within Cuba in
connection with exploration for and the extraction of
hydrocarbon resources in any part of a foreign maritime
Exclusive Economic Zone that is contiguous to the United
States' Exclusive Economic Zone.
``(2) Persons authorized.--Persons authorized to travel to
Cuba under this section include full-time employees,
executives, agents, and consultants of oil and gas producers,
distributors, and shippers.''.
______
SA 3771. Mr. ENZI submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 247, line 11, insert ``and the Committee on Health,
Education, Labor, and Pensions of the Senate'' after
``propriations''.
On page 248, line 2, insert ``and the Committee on Health,
Education, Labor, and Pensions of the Senate'' after
``Appropriations''.
______
SA 3772. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
DEMOCRACY PROGRAMS AND ACTIVITIES IN IRAN
Sec. 7032. (a) Congress makes the following findings:
(1) The people of the United States have long demonstrated
an interest in the well-being of the people of Iran, dating
back to the 1830s.
(2) Famous Americans such as Howard Baskerville, Dr. Samuel
Martin, Jane E. Doolittle, and Louis G. Dreyfus, Jr., made
significant contributions to Iranian society by furthering
the educational opportunities of the people of Iran and
improving the opportunities of the less fortunate citizens of
Iran.
(3) Iran and the United States were allies following World
War II, and through the late 1970s Iran was as an important
regional ally of the United States and a key bulwark against
Soviet influence.
(4) In November 1979, following the arrival of Mohammed
Reza Shah Pahlavi in the United States, a mob of students and
extremists seized the United States Embassy in Tehran, Iran,
holding United States diplomatic personnel hostage until
January 1981.
(5) Following the seizure of the United States Embassy,
Ayatollah Ruhollah Khomeini, leader of the repressive
revolutionary movement in Iran, expressed support for the
actions of the students in taking American citizens hostage.
(6) Despite the presidential election of May 1997, an
election in which an estimated 91 percent of the electorate
participated, control of the internal and external affairs of
the Islamic Republic of Iran is still exercised by the courts
in Iran and the Revolutionary Guards, Supreme Leader, and
Council of Guardians of the Government of Iran.
(7) The election results of the May 1997 election and the
high level of voter participation in that election
demonstrate that the people of Iran favor economic and
political reforms and greater interaction with the United
States and the Western world in general.
(8) Efforts by the United States to improve relations with
Iran have been rebuffed by the Government of Iran.
(9) The Clinton Administration eased sanctions against Iran
and promoted people-to-people exchanges, but the Leader of
the Islamic Revolution Ayatollah Ali Khamenei, the Militant
Clerics' Society, the Islamic Coalition Organization, and
Supporters of the Party of God have all opposed efforts to
open Iranian society to Western influences and have opposed
efforts to change the dynamic of relations between the United
States and Iran.
(10) For the past two decades, the Department of State has
found Iran to be the leading sponsor of international
terrorism in the world.
(11) In 1983, the Iran-sponsored Hezbollah terrorist
organization conducted suicide terrorist operations against
United States military and civilian personnel in Beirut,
Lebanon, resulting in the deaths of hundreds of Americans.
(12) The United States intelligence community and law
enforcement personnel have linked Iran to attacks against
American military personnel at Khobar Towers in Saudi Arabia
in 1996 and to al Qaeda attacks against civilians in Saudi
Arabia in 2004.
(13) According to the Department of State's Patterns of
Global Terrorism 2001 report, ``Iran's Islamic Revolutionary
Guard Corps and Ministry of Intelligence and Security
continued to be involved in the planning and support of
terrorist acts and supported a variety of groups that use
terrorism to pursue their goals,'' and ``Iran continued to
provide Lebanese Hizballah and the Palestinian rejectionist
groups--notably HAMAS, the Palestinian Islamic Jihad, and the
[Popular Front for the Liberation of Palestine-General
Command]--with varying amounts of funding, safehaven,
training and weapons''.
(14) Iran currently operates more than 10 radio and
television stations broadcasting in Iraq that incite violent
actions against United States and coalition personnel in
Iraq.
(15) The current leaders of Iran, Ayatollah Ali Khamenei
and Hashemi Rafsanjani, have repeatedly called upon Muslims
to kill Americans in Iraq and install a theocratic regime in
Iraq.
(16) The Government of Iran has admitted pursuing a
clandestine nuclear program, which the United States
intelligence community believes may include a nuclear weapons
program.
(17) The Government of Iran has failed to meet repeated
pledges to arrest and extradite foreign terrorists in Iran.
(18) The United States Government believes that the
Government of Iran supports terrorists and extremist
religious leaders in Iraq with the clear intention of
subverting coalition efforts to bring peace and democracy to
Iraq.
(19) The Ministry of Defense of Iran confirmed in July 2003
that it had successfully conducted the final test of the
Shahab-3 missile, giving Iran an operational intermediate-
range ballistic missile capable of striking both Israel and
United States troops throughout the Middle East and
Afghanistan.
(b) Congress declares that it should be the policy of the
United States--
(1) to support efforts by the people of Iran to exercise
self-determination over the form of government of their
country; and
(2) to actively support a national referendum in Iran with
oversight by international observers and monitors to certify
the integrity and fairness of the referendum.
(c)(1) The President is authorized, notwithstanding any
other provision of law, to provide financial and political
assistance (including the award of grants) to foreign and
domestic individuals, organizations, and entities that
support democracy and the promotion of democracy in Iran.
Such assistance includes funding for--
(A) the Broadcasting Board of Governors for efforts to
cultivate and support independent broadcasters that broadcast
into Iran;
(B) cultural and student exchanges;
(C) the promotion of human rights and civil society
activities in Iran; and
(D) assistance to student organizations, labor unions, and
trade associations in Iran.
(2) It is the sense of Congress that financial and
political assistance under this section be provided to an
individual, organization, or entity that--
(A) opposes the use of terrorism;
(B) advocates the adherence by Iran to nonproliferation
regimes for nuclear, chemical, and biological weapons and
materiel;
(C) is dedicated to democratic values and supports the
adoption of a democratic form of government in Iran;
(D) is dedicated to respect for human rights, including the
fundamental equality of women;
(E) works to establish equality of opportunity for people;
and
(F) supports freedom of the press, freedom of speech,
freedom of association, and freedom of religion.
(3) The President may provide assistance under this
subsection using amounts made available pursuant to the
authorization of appropriations under paragraph (7).
(4) Not later than 15 days before each obligation of
assistance under this subsection, and in accordance with the
procedures under section 634A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2394-l), the President shall notify the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on
International Relations and the Committee on Appropriations
of the House of Representatives.
(5) It is the sense of Congress that in order to ensure
maximum coordination among Federal agencies, if the President
provides the assistance under this section, the President
should appoint an individual who shall--
(A) serve as special assistant to the President on matters
relating to Iran; and
(B) coordinate among the appropriate directors of the
National Security Council on issues regarding such matters.
(6) It is the sense of Congress that--
(A) support for a transition to democracy in Iran should be
expressed by United States representatives and officials in
all appropriate international fora;
(B) representatives of the Government of Iran should be
denied access to all United States Government buildings;
[[Page S3818]]
(C) efforts to bring a halt to the nuclear weapons program
of Iran, including steps to end the supply of nuclear
components or fuel to Iran, should be intensified, with
particular attention focused on the cooperation regarding
such program--
(i) between the Government of Iran and the Government of
the Russian Federation; and
(ii) between the Government of Iran and individuals from
China, Malaysia, and Pakistan, including the network of Dr.
Abdul Qadeer (A. Q.) Khan; and
(D) officials and representatives of the United States
should--
(i) strongly and unequivocally support indigenous efforts
in Iran calling for free, transparent, and democratic
elections; and
(ii) draw international attention to violations by the
Government of Iran of human rights, freedom of religion,
freedom of assembly, and freedom of the press.
(7) There is authorized to be appropriated to the
Department of State $100,000,000 to carry out activities
under this subsection.
(d) Not later than 15 days before designating a democratic
opposition organization as eligible to receive assistance
under subsection (b), the President shall notify the
Committee on Foreign Relations and the Committee on
Appropriations of the Senate and the Committee on
International Relations and the Committee on Appropriations
of the House of Representatives of the proposed designation.
The notification may be in classified form.
(e)(1) Of the amount appropriated by chapter 2 of title I
under the heading ``DEPARTMENT OF STATE AND RELATED AGENCY'',
excluding funds appropriated for Educational and Cultural
Exchange Programs and Public Diplomacy Programs, $42,750,000
shall be available for the Broadcasting Board of Governors
for democracy programs and activities in Iran.
(2) Of the amount appropriated by chapter 4 of title I,
$47,250,000 shall be made available for the Democracy Fund
for democracy programs and activities in Iran.
______
SA 3773. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
TITLE VIII--GAS PRICE REDUCTION
SEC. 8000. SHORT TITLE.
This title may be cited as the ``Gas Price Reduction Act of
2006''.
Subtitle A--Temporary Reduction in Highway Fuel Tax Rate
SEC. 8101. REDUCTION IN HIGHWAY FUEL TAX AND MAINTENANCE OF
HIGHWAY TRUST FUND.
(a) In General.--Section 4081 of the Internal Revenue Code
of 1986 (relating to imposition of tax on gasoline, diesel
fuel, and kerosene) is amended by adding at the end the
following new subsection:
``(f) Temporary Reduction in Taxes on Gasoline, Diesel
Fuel, and Kerosene.--
``(1) In general.--During the applicable period, each rate
of tax referred to in paragraph (2) shall be reduced to zero
cents per gallon.
``(2) Rates of tax.--The rates of tax referred to in this
paragraph are the rates of tax otherwise applicable under--
``(A) clause (i) and (iii) of subsection (a)(2)(A)
(relating to gasoline, diesel fuel, and kerosene), determined
without regard to subparagraph (B) or (C) of subsection
(a)(2), and
``(B) paragraph (1) of section 4041(a) (relating to diesel
fuel) with respect to fuel sold for use or used in a diesel-
powered highway vehicle.
``(3) Applicable period.--For purposes of this subsection,
the term `applicable period' means the period beginning after
the date of the enactment of the Gas Price Reduction Act of
2006, and ending before October 1, 2006.
``(4) Maintenance of trust fund deposits.--In determining
the amounts to be appropriated to the Highway Trust Fund
under section 9503, an amount equal to the reduction in
revenues to the Treasury by reason of this subsection shall
be treated as taxes received in the Treasury under this
section.''.
(b) Effective Date.--The amendment made by this section
shall take effect on the date of the enactment of this Act.
SEC. 8102. FLOOR STOCK REFUNDS.
(a) In General.--If--
(1) before a tax reduction date, a tax referred to in
section 4081(f)(2) of the Internal Revenue Code of 1986 has
been imposed on any liquid, and
(2) on such date such liquid is held by a dealer and has
not been used and is intended for sale, there shall be
credited (without interest) to the person who paid such tax
(hereafter in this section referred to as the ``taxpayer''),
against the taxpayer's subsequent semi-monthly deposit of
such tax, an amount equal to the excess of the tax paid by
the taxpayer over the amount of such tax which would be
imposed on such liquid had the taxable event occurred on the
tax reduction date.
(b) Certification Necessary to File Claim for Credit.--
(1) In general.--In any case where liquid is held by a
dealer (other than the taxpayer) on the tax reduction date,
no credit amount with respect to such liquid shall be allowed
to the taxpayer under subsection (a) unless the taxpayer
files with the Secretary--
(A) a certification that the taxpayer has given a credit to
such dealer with respect to such liquid against the dealer's
first purchase of liquid from the taxpayer subsequent to the
tax reduction date, and
(B) a certification by such dealer that such dealer has
given a credit to a succeeding dealer (if any) with respect
to such liquid against the succeeding dealer's first purchase
of liquid from such dealer subsequent to the tax reduction
date.
(2) Reasonableness of claims certified.--Any certification
made under paragraph (1) shall include an additional
certification that the claim for credit was reasonable based
on the taxpayer's or dealer's past business relationship with
the succeeding dealer.
(c) Exception for Fuel Held in Retail Stocks.--No credit or
refund shall be allowed under this section with respect to
any liquid in retail stocks held at the place where intended
to be sold at retail.
(d) Definitions.--For purposes of this section--
(1) the terms ``dealer'' and ``held by a dealer'' have the
respective meanings given to such terms by section 6412 of
such Code; except that the term ``dealer'' includes a
producer, and
(2) the term ``tax reduction date'' means the day after the
date of the enactment of this Act.
(e) Certain Rules to Apply.--Rules similar to the rules of
subsections (b) and (c) of section 6412 of such Code shall
apply for purposes of this section.
SEC. 8103. FLOOR STOCKS TAX.
(a) Imposition of Tax.--In the case of any liquid on which
tax would have been imposed under section 4081 of the
Internal Revenue Code of 1986 during the applicable period
but for the amendments made by this title, and which is held
on the floor stocks tax date by any person, there is hereby
imposed a floor stocks tax in an amount equal to the tax
which would be imposed on such liquid had the taxable event
occurred on the floor stocks tax date.
(b) Liability for Tax and Method of Payment.--
(1) Liability for tax.--A person holding a liquid on the
floor stocks tax date to which the tax imposed by subsection
(a) applies shall be liable for such tax.
(2) Method of payment.--The tax imposed by subsection (a)
shall be paid in such manner as the Secretary shall
prescribe.
(3) Time for payment.--The tax imposed by subsection (a)
shall be paid on or before the date which is 6 months after
the floor stocks tax date.
(c) Definitions.--For purposes of this section--
(1) Held by a person.--A liquid shall be considered as
``held by a person'' if title thereto has passed to such
person (whether or not delivery to the person has been made).
(2) Gasoline, diesel fuel, and aviation fuel.--The terms
``gasoline'' and ``diesel fuel'' have the respective meanings
given such terms by sections 4083 of such Code.
(3) Floor stocks tax date.--The term ``floor stocks tax
date'' means October 1, 2006.
(4) Applicable period.--The term ``applicable period'' has
the meaning given such term by section 4081(f)(3) of such
Code.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(d) Exception for Exempt Uses.--The tax imposed by
subsection (a) shall not apply to gasoline, diesel fuel,
kerosene, or aviation fuel held by any person exclusively for
any use to the extent a credit or refund of the tax imposed
by section 4081 of such Code is allowable for such use.
(e) Exception for Fuel Held in Vehicle Tank.--No tax shall
be imposed by subsection (a) on gasoline, diesel fuel, or
kerosene held in the tank of a motor vehicle.
(f) Exception for Certain Amounts of Fuel.--
(1) In general.--No tax shall be imposed by subsection
(a)--
(A) on gasoline held on the floor stocks tax date by any
person if the aggregate amount of gasoline held by such
person on such date does not exceed 4,000 gallons, and
(B) on diesel fuel or kerosene held on such date by any
person if the aggregate amount of diesel fuel or kerosene
held by such person on such date does not exceed 2,000
gallons.
The preceding sentence shall apply only if such person
submits to the Secretary (at the time and in the manner
required by the Secretary) such information as the Secretary
shall require for purposes of this subsection.
(2) Exempt fuel.--For purposes of paragraph (1), there
shall not be taken into account fuel held by any person which
is exempt from the tax imposed by subsection (a) by reason of
subsection (d) or (e).
(3) Controlled groups.--For purposes of this subsection--
(A) Corporations.--
(i) In general.--All persons treated as a controlled group
shall be treated as 1 person.
(ii) Controlled group.--The term ``controlled group'' has
the meaning given to such term by subsection (a) of section
1563 of such Code; except that for such purposes the phrase
``more than 50 percent'' shall be substituted for the phrase
``at least 80 percent'' each place it appears in such
subsection.
(B) Nonincorporated persons under common control.--Under
regulations prescribed by the Secretary, principles similar
to the principles of this subparagraph shall apply to
[[Page S3819]]
a group of persons under common control where 1 or more of
such persons is not a corporation.
(g) Other Law Applicable.--All provisions of law, including
penalties, applicable with respect to the taxes imposed by
section 4081 of such Code shall, insofar as applicable and
not inconsistent with the provisions of this section, apply
with respect to the floor stock taxes imposed by subsection
(a) to the same extent as if such taxes were imposed by such
section 4081.
SEC. 8104. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO
CONSUMERS.
(a) Passthrough to Consumers.--
(1) Sense of congress.--It is the sense of Congress that--
(A) consumers immediately receive the benefit of the
reduction in taxes under this title, and
(B) transportation motor fuels producers and other dealers
take such actions as necessary to reduce transportation motor
fuels prices to reflect such reduction, including immediate
credits to customer accounts representing tax refunds allowed
as credits against excise tax deposit payments under the
floor stocks refund provisions of this title.
(2) Study.--
(A) In general.--The Comptroller General of the United
States and the Attorney General of the United States shall
conduct a study of the reduction of taxes under this title to
determine whether there has been a passthrough of such
reduction.
(B) Report.--Not later than June 30, 2006, the Comptroller
General of the United States and the Attorney General of the
United States shall report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives the results of the study conducted under
subparagraph (A).
Subtitle B--Suspension of Royalty Relief and Certain Incentives
SEC. 8201. SUSPENSION OF ROYALTY RELIEF.
(a) New Leases.--
(1) Requirement.--The Secretary of the Interior (referred
to in this title as the ``Secretary'') shall suspend the
application of any provision of Federal law under which a
person would otherwise be provided relief from a requirement
to pay a royalty for the production of oil or natural gas
from Federal land (including submerged land) occurring on or
after the date of enactment of this Act during a period in
which--
(A) for the production of oil, the average price of crude
oil in the United States during the 4-week period immediately
preceding the suspension is greater than $35.86 per barrel;
and
(B) for the production of natural gas, the average wellhead
price of natural gas in the United States during the 4-week
period immediately preceding the suspension is greater than
$4.48 per 1,000 cubic feet.
(2) Determination of average prices.--For purposes of
paragraph (1), the Secretary shall determine average prices,
taking into consideration the most recent data reported by
the Energy Information Administration.
(b) Renegotiation of Existing Leases.--
(1) Requirement.--The Secretary shall, to the maximum
extent practicable, renegotiate each lease authorizing
production of oil or natural gas on Federal land (including
submerged land) issued by the Secretary before the date of
the enactment of this Act as the Secretary determines to be
necessary to modify the terms of the lease to ensure that a
suspension of a requirement to pay royalties under the lease
does not apply to production described in subsection (a)(1).
(2) Failure to renegotiate and modify.--
(A) In general.--Beginning on the date that is 1 year after
the date of enactment of this Act, a lessee that does not
renegotiate a lease described in paragraph (1) in accordance
with that paragraph shall not be eligible to enter into a new
lease authorizing production of oil or natural gas on Federal
land (including submerged land).
(B) Transfers.--A lessee shall not be eligible to obtain by
sale or other transfer any lease described in paragraph (1)
issued before the date of enactment of this Act, unless the
lessee--
(i) renegotiates the lease; and
(ii) enters into an agreement with the Secretary to modify
the terms of the lease in accordance with paragraph (1).
SEC. 8202. REPEAL OF ULTRA-DEEPWATER AND UNCONVENTIONAL
ONSHORE NATURAL GAS AND OTHER PETROLEUM
RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--Subtitle J of title IX of the Energy
Policy Act of 2005 is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect on the date of the enactment of this Act.
Subtitle C--Suspension of Certain Energy Production Tax Incentives
SEC. 8301. SUSPENSION OF DEDUCTION FOR INTANGIBLE DRILLING
AND DEVELOPMENT COSTS.
Section 263(c) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new sentence:
``This section shall not apply with respect to any costs paid
or incurred by a taxpayer which is an integrated oil company
(as defined in section 291(b)(4)) which has an average daily
worldwide production of crude oil of at least 500,000 barrels
for the taxable year or a related person to such company
during the period beginning on the date of the enactment of
this sentence and ending on the date on which aggregate
revenues resulting from the provisions of, and amendments
made by, sections 8201 through 8304 of the Gas Price
Reduction Act of 2006 are estimated by the Secretary to equal
the aggregate appropriations made to the Highway Trust Fund
by reason of section 9503(f)(4).''.
SEC. 8302. SUSPENSION OF CREDIT FOR PRODUCING FUEL FROM A
NONCONVENTIONAL SOURCE.
Section 45K of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subsection:
``(h) Nonapplication of Section.--This section shall not
apply with respect to any fuel described in subsection
(c)(1)(A) or subsection (c)(1)(B)(i) sold by a taxpayer which
is an integrated oil company (as defined in section
291(b)(4)) which has an average daily worldwide production of
crude oil of at least 500,000 barrels for the taxable year or
a related person to such company during the period beginning
on the date of the enactment of this subsection and ending on
the date on which aggregate revenues resulting from the
provisions of, and amendments made by, sections 8201 through
8304 of the Gas Price Reduction Act of 2006 are estimated by
the Secretary to equal the aggregate appropriations made to
the Highway Trust Fund by reason of section 9503(f)(4).''.
SEC. 8303. SUSPENSION OF AMORTIZATION OF GEOLOGICAL AND
GEOPHYSICAL EXPENDITURES.
Section 167(h) of the Internal Revenue Code of 1986 is
amended by adding at the end the following new paragraph:
``(5) Nonapplication of subsection.--This subsection shall
not apply with respect to any expenses paid or incurred by a
taxpayer which is an integrated oil company (as defined in
section 291(b)(4)) which has an average daily worldwide
production of crude oil of at least 500,000 barrels for the
taxable year or a related person to such company during the
period beginning on the date of the enactment of this
subsection and ending on the date on which aggregate revenues
resulting from the provisions of, and amendments made by,
sections 8201 through 8304 of the Gas Price Reduction Act of
2006 are estimated by the Secretary to equal the aggregate
appropriations made to the Highway Trust Fund by reason of
section 9503(f)(4).''.
SEC. 8304. SUSPENSION OF PERCENTAGE DEPLETION ALLOWANCE FOR
OIL AND GAS PROPERTIES.
Section 613A is amended by adding at the end the following
new subsection:
``(f) Termination.--The allowance for percentage depletion
shall be zero with respect to a taxpayer which is an
integrated oil company (as defined in section 291(b)(4))
which has an average daily worldwide production of crude oil
of at least 500,000 barrels for the taxable year or a related
person to such company during the period beginning on the
date of the enactment of this subsection and ending on the
date on which aggregate revenues resulting from the
provisions of, and amendments made by, sections 8201 through
8304 of the Gas Price Reduction Act of 2006 are estimated by
the Secretary to equal the aggregate appropriations made to
the Highway Trust Fund by reason of section 9503(f)(4).''.
______
SA 3774. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; as follows:
On page 190, beginning on line 7, strike ``Provided,'' and
all that follows through ``Provided further,'' on line 11,
and insert the following: ``Provided, That of that amount,
$12,000,000 may be available for environmental cleanup and
removal of debris from Department of Veterans Affairs land in
Gulfport, Mississippi: Provided further, That of that amount,
$50,000,000 shall be available for any purpose for which
funds in the `Construction, Major Projects' account are
available under law:''.
______
SA 3775. Mr. HARKIN (for himself, Mr. Johnson, and Mr. Kerry)
submitted an amendment intended to be proposed by him to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CIVIL ACTIONS FOR CERTAIN FALSE CLAIMS.
(a) In General.--Section 3730(b)(3) of title 31, United
States Code, is amended--
(1) in this first sentence, by striking ``The Government''
and inserting ``(A) Except as provided under subparagraph
(B), the Government''; and
(2) by adding at the end the following:
``(B)(i) In this subparagraph, the term `covered civil
action' means any civil action brought under section 3729
regarding expenditures of Federal funds relating to Iraq,
Afghanistan, or the global war on terrorism.
``(ii) In any covered civil action, the total of all
extensions under subparagraph (A) may not exceed 365 days,
except that the Government may move the court for an
additional extension upon a showing of extraordinary
circumstances that disclosure of particular information in
the complaint, material evidence, or other information would
be
[[Page S3820]]
detrimental to the public interest. If the Government makes
such a showing, the court shall seal any of the evidence or
information sufficient to prevent damage to the public
interest and the civil action shall proceed.''.
(b) Effective Date and Application.--
(1) Effective date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
apply to any covered civil action (as defined under section
3730(b)(3)(B)(i) of title 31, United States Code, as added by
subsection (a) of this section) filed on or after that date.
(2) Application to certain prior civil actions.--
(A) Limitation of extensions.--Except as provided under
subparagraph (B), in any such covered civil action--
(i) filed 240 days or more before the date of enactment of
this Act, no extension granted under section 3730(b)(3)(A) of
that title may be in effect following the date occurring 120
days after such date of enactment; and
(ii) filed during the 239-day period preceding such date of
enactment, no extension granted under section 3730(b)(3)(A)
of that title may be in effect following the date occurring
365 days after the date of such filing.
(B) Exceptions.--The limitations under subpargraph (A)
shall apply except for a showing by the Government of
extraordinary circumstances that disclosure of particular
information in the complaint, material evidence, or other
information would be detrimental to the public interest. If
the Government makes such a showing, the court shall seal any
of the evidence or information sufficient to prevent damage
to the public interest and the civil action shall proceed.
______
SA 3776. Mr. KOHL submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 207, lines 5 and 6, strike ``paragraph (2)'' and
insert ``paragraphs (2) and (3)''.
On page 207, between lines 15 and 16, insert the following:
(2) Noninsured producers.--Except as provided in paragraph
(3), for producers on a farm that were eligible to acquire
crop insurance for the applicable production loss and failed
to do so or failed to submit an application for the
noninsured assistance program for the loss, the Secretary
shall make assistance in accordance with paragraph (1),
except that the payment rate shall be 35 percent of the
established price, instead of 50 percent.
On page 207, line 16, strike ``(2)'' and insert ``(3)''.
Beginning on page 211, strike line 10 and all that follows
through page 213, line 14.
On page 213, line 15, strike ``(f)'' and insert ``(e)''.
Beginning on page 228, strike line 4 and all that follows
through page 230, line 18 and insert the following:
SEC. 3021. REPLENISHMENT OF SECTION 32.
(a) Definition of Specialty Crop.--In this section:
(1) In general.--The term ``specialty crop'' means any
agricultural crop.
(2) Exception.--The term ``specialty crop'' does not
include--
(A) wheat;
(B) feed grains;
(C) oilseeds;
(D) cotton;
(E) rice;
(F) peanuts; or
(G) dairy.
(b) Base State Grants.--
(1) In general.--The Secretary shall use $25,500,000 of
funds of the Commodity Credit Corporation to make grants to
the several States, the District of Columbia, and the
Commonwealth of Puerto Rico to be used to support activities
that promote agriculture.
(2) Amounts.--The amount of the grants shall be--
(A) $500,000 to each of the several States; and
(B) $250,000 to each of the Commonwealth of Puerto Rico and
the District of Columbia.
(c) Grants for Value of Production.--The Secretary shall
use $59,500,000 of funds of the Commodity Credit Corporation
to make a grant to each of the several States in an amount
equal to the product obtained by multiplying--
(1) the share of the State of the total value of specialty
crop and livestock production of the United States for the
2004 crop year, as determined by the Secretary; by
(2) $49,500,000.
(d) Special Crop and Livestock Priority.--As a condition on
the receipt of a grant under this section, a State shall
agree to give priority to the support of specialty crops and
livestock in the use of the grant funds.
(e) Use of Funds.--A State may use funds from a grant
awarded under this section--
(1) to supplement State food bank programs or other
nutrition assistance programs;
(2) to promote the purchase, sale, or consumption of
agricultural products;
(3) to provide economic assistance to agricultural
producers, giving a priority to the support of specialty
crops and livestock; or
(4) for other purposes, as determined by the Secretary.
SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.
(a) In General.--Subject to subsection (b), the Secretary
shall make a supplemental economic loss payment to--
(1) any producer on a farm that received a direct payment
for crop year 2005 under title I of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.); or
(2) any dairy producer that was eligible to receive a
payment during the 2005 calendar year under section 1502 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
7982).
(b) Amount.--
(1) Covered commodities.--Subject to paragraph (3), the
amount of a payment made to a producer on a farm under
subsection (a)(1) shall be equal to the product obtained by
multiplying--
(A) 30 percent of the direct payment rate in effect for the
program crop of the farmer;
(B) 85 percent of the program crop base of the farmer; and
(C) the program payment yield for each program crop of the
farmer.
(2) Dairy payments.--
(A) Distribution.--Payments under subsection (a)(2) shall
be distributed in a manner that is consistent with section
1502 of the Farm and Rural Investment Act of 2002 (7 U.S.C.
7982).
(B) Maximum amount.--Subject to paragraph (3), the total
amount available for payments under subsection (a)(2) shall
not exceed $175,000,000.
(3) Overall limitation.--The Secretary shall ensure that no
person receives payments under subsection (a) in excess of
the per person limitations applicable to producers that
receive payments under subsection (a)(1).
On page 233, strike lines 3 through line 11.
On page 233 line 12, strike ``3043'' and insert ``3042''.
______
SA 3777. Mr. MENENDEZ (for himself, Mr. Leahy, Mr. Durbin, Mr.
Sarbanes, Mr. Lautenberg, Mr. Dodd, and Mr. Obama) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 89, line 9, strike ``$69,800,000, to remain
available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.''.
and insert in lieu thereof ``$129,800,000, to remain
available until September 30, 2007: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.''.
______
SA 3778. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TAX CREDIT FOR VEHICLES WITH HIGH FUEL ECONOMY
Sec. __. For purposes of the Internal Revenue Code of 1986,
there shall be allowed as credit against the tax imposed
during the taxable year in which the vehicle is placed in
service an amount of $1000 for purchase of a vehicle that
obtains a minimum fuel economy of 45 miles per gallon.
______
SA 3779. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
INVESTIGATION OF GASOLINE PRICES
Sec. 7032. (a) In General.--If, based on weekly data
published by the Energy Information Administration of the
Department of Energy, the average price of regular grade
gasoline in a State increases 20 percent or more for at least
7 days during any 3-month period, the Federal Trade
Commission shall initiate an investigation into the retail
price of gasoline in that State to determine if the price of
gasoline is being artificially manipulated by reducing
refinery capacity or by any other form of manipulation.
(b) Report.--Not later than 14 days after the initiation of
the investigation described in subsection (a), the Federal
Trade Commission shall report to Congress the results of the
investigation.
(c) Public Meeting.--Not later than 14 days after issuing
the report described in subsection (b), the Federal Trade
Commission shall hold a public hearing in the State in which
the retail price of gasoline was investigated as described in
subsection (a) for the purpose of presenting the results of
the investigation.
(d) Action on Price Increase.--
(1) Finding of market manipulation.--If the Federal Trade
Commission determines that the increase in gasoline prices in
a
[[Page S3821]]
State is a result of market manipulation, the Federal Trade
Commission shall, in cooperation with the Attorney General of
that State, take appropriate action.
(2) No finding of market manipulation.--If the Federal
Trade Commission determines that the increase in gasoline
prices in a State is not the result of market manipulation,
the Federal Trade Commission shall notify the Secretary of
Energy, who shall, within 2 weeks of such notification,
decide if the Strategic Petroleum Reserve should be used to
assure adequate supplies of gasoline.
(e) Termination.--This section shall cease to apply on the
date that is 5 years after the date of enactment of this Act.
______
SA 3780. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
FUEL ASSISTANCE FROM OIL COMPANIES PROVIDING HIGH EMPLOYEE BONUS OR
RETIREMENT PACKAGES
Sec. 7___. (a) In this section, the term ``large integrated
oil company'' means, with respect to any taxable year, an
integrated oil company (as defined in section 291(b)(4) of
the Internal Revenue Code of 1986) that--
(1) has gross receipts in excess of $1,000,000 for the
taxable year; and
(2) has an average daily worldwide production of crude oil
of at least 500,000 barrels for the taxable year.
(b) Notwithstanding any other provision of law, if a large
integrated oil company provides to an offer or employee of
the large integrated oil company a salary bonus or retirement
package of more than $50,000,000, the large integrated oil
company shall pay an equal amount into the Low Income Home
Energy Assistance Program.
______
SA 3781. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
FUEL-EFFICIENT VEHICLES
Sec. __. (a) None of the funds made available in this Act
may be used to purchase a vehicle for the Federal government
that is not fuel-efficient to the greatest extent possible,
consistent with other federal laws.
(b) Not later than 6 months after the date of the enactment
of this Act, the President shall submit to Congress a report
on the number and type of vehicles purchased by the Federal
government, including the fuel economy of such vehicles.
______
SA 3782. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 117, between lines 9 and 10, insert the following:
MENTAL HEALTH COUNSELING AND CARE FOR MEMBERS OF THE ARMED FORCES
Sec. 1312. (a) Mental Health Counseling and Care for
Members of the Army.--
(1) Additional amount for operation and maintenance,
army.--The amount appropriated by this chapter under the
heading ``Operation and Maintenance, Army'' is hereby
increased by $20,000,000, with the entire amount of the
increase designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
(2) Availability of amount.--Of the amount appropriated by
this chapter under the heading ``Operation and Maintenance,
Army'', as increased by paragraph (1), $20,000,000 shall be
available to expand resources available for mental health
counseling and care, including, in particular, suicide
prevention programs.
(b) Mental Health Counseling and Care for Members of the
Navy.--
(1) Additional amount for operation and maintenance,
navy.--The amount appropriated by this chapter under the
heading ``Operation and Maintenance, Navy'' is hereby
increased by $10,000,000, with the entire amount of the
increase designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
(2) Availability of amount.--Of the amount appropriated by
this chapter under the heading ``Operation and Maintenance,
Navy'', as increased by paragraph (1), $10,000,000 shall be
available to expand resources available for mental health
counseling and care, including, in particular, suicide
prevention programs.
(c) Mental Health Counseling and Care for Members of the
Air Force.--
(1) Additional amount for operation and maintenance, air
force.--The amount appropriated by this chapter under the
heading ``Operation and Maintenance, Air Force'' is hereby
increased by $10,000,000, with the entire amount of the
increase designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
(2) Availability of amount.--Of the amount appropriated by
this chapter under the heading ``Operation and Maintenance,
Air Force'', as increased by paragraph (1), $10,000,000 shall
be available to expand resources available for mental health
counseling and care, including, in particular, suicide
prevention programs.
(d) Mental Health Counseling and Care for Members of the
Marine Corps.--
(1) Additional amount for operation and maintenance, marine
corps.--The amount appropriated by this chapter under the
heading ``Operation and Maintenance, Marine Corps'' is hereby
increased by $10,000,000, with the entire amount of the
increase designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
(2) Availability of amount.--Of the amount appropriated by
this chapter under the heading ``Operation and Maintenance,
Marine Corps'', as increased by paragraph (1), $10,000,000
shall be available to expand resources available for mental
health counseling and care, including, in particular, suicide
prevention programs.
______
SA 3783. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 117, between lines 9 and 10, insert the following:
COMPREHENSIVE COMBAT CASUALTY CARE CENTER AT NAVAL MEDICAL CENTER, SAN
DIEGO, CALIFORNIA
Sec. 1312. (a) Additional Amount for Defense Health
Program.--The amount appropriated by this chapter under the
heading ``Defense Health Program'' is hereby increased by
$16,200,000, with the amount of the increase designated as an
emergency requirement pursuant to section 402 of H. Con. Res.
95 (109th Congress), the concurrent resolution on the budget
for fiscal year 2006.
(b) Availability of Amount.--Of the amount appropriated by
this chapter under the heading ``Defense Health Program'', as
increased by subsection (a), $16,200,000 shall be available
for facilities improvements, staffing requirements, and
operations costs of the Comprehensive Combat Casualty Care
Center at the Naval Medical Center, San Diego, California.
______
SA 3784. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
EMERGENCY FISHERY DISASTER ASSISTANCE
Sec. __. (a) The Secretary of Commerce shall make a direct
payment to the Pacific States Marine Fisheries Commission to
distribute to fishing communities, Indian tribes, businesses,
holders of community development quotas issued under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.), individuals, and other entities as
emergency disaster assistance to mitigate the economic losses
caused by declining Klamath River Fall Chinook salmon.
(b) The Secretary of Commerce shall require that the
Pacific States Marine Fisheries Commission shall, not later
than 6 months after the date that the Commission receives a
payment under this section, submit to the Secretary of
Commerce and the Committee on Appropriations of the Senate
and the Committee on Appropriations of the House of
Representatives a report describing the persons to whom the
payment was distributed and the rationale for such
distribution.
(c) There is appropriated to the Secretary of Commerce
$81,000,000 to make payments under this section and that
amount is designated as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006. Any
amount appropriated pursuant to this subsection that is not
used or otherwise obligated shall be returned to the general
fund of the Treasury.
______
SA 3785. Mr. LEVIN (for himself, Mr. Dorgan, Ms. Stabenow, and Mr.
Conrad) submitted an amendment intended to be proposed by him to the
bill H.R. 4939, making emergency supplemental appropriations for the
fiscal year ending September 30, 2006, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
NORTHER BORDER AIRWINGS
Sec. ___. (a) In General.--The amount provided in the title
titled ``BORDER SECURITY'' for recapitalization of air assets
[[Page S3822]]
under the heading ``air and marine interdiction, operations,
maintenance, and procurement'' under the heading ``Customs
and Border Protection'' under the heading ``EMERGENCY
SUPPLEMENTAL APPROPRIATIONS FOR BORDER SECURITY'' is reduced
by $12,000,000.
(b) Funds for Airwings.--Of the amount provided in the
title titled ``BORDER SECURITY'' for ``Air and Marine
Interdiction, Operations, Maintenance, and Procurement''
under the heading ``air and marine interdiction, operations,
maintenance, and procurement'' under the heading ``Customs
and Border Protection'' under the heading ``EMERGENCY
SUPPLEMENTAL APPROPRIATIONS FOR BORDER SECURITY'',
$12,000,000 is for the Northern Border airwings in Michigan
and North Dakota: Provided, That the amount provided under
this subsection is designated as an emergency requirement
under section 402 of H. Con. Res. 95 (109th Congress), the
concurrent resolution on the budget for fiscal year 2006.
______
SA 3786. Mr. HARKIN submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 126, between lines 12 and 13, insert the following:
UNITED STATES INSTITUTE OF PEACE PROGRAMS IN IRAQ AND AFGHANISTAN
Sec. 1406. (a)(1) The amount appropriated by this chapter
for other bilateral assistance under the heading ``Economic
Support Fund'' is hereby increased by $8,500,000.
(2) The amount made available under paragraph (1) is
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
(b) Of the amount appropriated by this chapter for other
bilateral assistance under the heading ``Economic Support
Fund'', as increased by subsection (a), $8,500,000 shall be
made available to the United States Institute of Peace for
programs in Iraq and Afghanistan.
(c) Of the funds made available by chapter 2 of title II of
division A of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Tsunami Relief,
2005'' (Public Law 109-13) for military assistance under the
heading ``Peacekeeping Operations'' and available for the
Coalition Solidarity Initiative, $8,500,000 is rescinded.
______
SA 3787. Mr. KYL submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place insert the following:
EXPEDITED REMOVAL
Sec. __. Notwithstanding any other provision of law, the
Secretary of Homeland Security may apply the expedited
removal authority under section 235(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)) to natives and citizens of
El Salvador.
______
SA 3788. Mr. KYL submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
IMMIGRATION INJUNCTION REFORM
Sec. 7032. (a) Short Title.--This section may be cited as
the ``Fairness in Immigration Litigation Act of 2006''.
(b) Appropriate Remedies for Immigration Legislation.--
(1) Limitation on civil actions.--No court may certify a
class under Rule 23 of the Federal Rules of Civil Procedure
in any civil action filed after the date of enactment of this
Act pertaining to the administration or enforcement of the
immigration laws of the United States.
(2) Requirements for an order granting prospective relief
against the government.--
(A) In general.--If a court determines that prospective
relief should be ordered against the Government in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States, the court shall--
(i) limit the relief to the minimum necessary to correct
the violation of law;
(ii) adopt the least intrusive means to correct the
violation of law;
(iii) minimize, to the greatest extent practicable, the
adverse impact on national security, border security,
immigration administration and enforcement, and public
safety, and
(iv) provide for the expiration of the relief on a specific
date, which allows for the minimum practical time necessary
to remedy the violation.
(B) Written explanation.--The requirements described in
subparagraph (A) shall be--
(i) discussed and explained in writing in the order
granting prospective relief; and
(ii) sufficiently detailed to allow review by another
court.
(C) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief shall automatically expire on
the date that is 90 days after the date on which such relief
is entered, unless the court--
(i) makes the findings required under subparagraph (A) for
the entry of permanent prospective relief; and
(ii) makes the order final before expiration of such 90-day
period.
(D) Requirements for order denying motion.--This paragraph
shall apply to any order denying the Government's motion to
vacate, modify, dissolve or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States.
(3) Procedure for motion affecting order granting
prospective relief against the government.--
(A) In general.--A court shall promptly rule on the
Government's motion to vacate, modify, dissolve or otherwise
terminate an order granting prospective relief in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States.
(B) Automatic stays.--
(i) In general.--The Government's motion to vacate, modify,
dissolve, or otherwise terminate an order granting
prospective relief made in any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States shall automatically, and without further order
of the court, stay the order granting prospective relief on
the date that is 15 days after the date on which such motion
is filed unless the court previously has granted or denied
the Government's motion.
(ii) Duration of automatic stay.--An automatic stay under
clause (i) shall continue until the court enters an order
granting or denying the Government's motion.
(iii) Postponement.--The court, for good cause, may
postpone an automatic stay under clause (i) for not longer
than 15 days. No further postponement of any such automatic
stay pursuant to this paragraph shall be available under this
subparagraph.
(iv) Automatic stays during remands from higher courts.--If
a higher court orders that a decision on a motion subject to
this subsection be remanded to a lower court, the order
granting prospective relief that is the subject of the motion
shall be automatically stayed until the district court enters
an order granting or denying the Government's motion.
(v) Orders blocking automatic stays.--Any order staying,
suspending, delaying, or otherwise barring the effective date
of the automatic stay described in clause (i), other than an
order to postpone the effective date of the automatic stay
for not longer than 15 days under clause (iii), shall be--
(I) treated as an order refusing to vacate, modify,
dissolve or otherwise terminate an injunction; and
(II) immediately appealable under section 1292(a)(1) of
title 28, United States Code.
(C) Motions.--
(i) In general.--For purposes of this paragraph, any motion
pending for not more than 45 days on the date of enactment of
this Act shall be treated as if it had been filed on such
date of enactment.
(ii) Motions pending for more than 45 days.--Every motion
to vacate, modify, dissolve, or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States which has been pending for more than 45
days as of the date of enactment of this Act, and remains
pending on the 10th day following such date of enactment,
shall result in an automatic stay, without further order of
the court, of the prospective relief that is the subject of
any such motion.
(4) Additional rules concerning prospective relief
affecting expedited removal.--
(A) Jurisdiction.--Notwithstanding any other provision of
law (statutory or nonstatutory), including section 2241 of
title 28, United States Code, or any other habeas provision,
and sections 1361 and 1651 of such title, no court has
jurisdiction to grant or continue an order or part of an
order granting prospective relief if the order or part of the
order interferes with, affects, or impacts any determination
pursuant to, or implementation of, section 235(b)(1) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)).
(B) Effect of government motion.--Upon the Government's
filing of a motion to vacate, modify, dissolve or otherwise
terminate an order granting prospective relief in a civil
action described in paragraph (2), the court shall promptly
decide whether it continues to have jurisdiction and shall
promptly vacate any order or part of an order granting
prospective relief that is not within the jurisdiction of the
court.
(C) Exception.--Subparagraphs (A) and (B) shall not apply
to the extent that--
(i) an order granting prospective relief was entered before
the date of enactment of this Act; and
(ii) the prospective relief is necessary to remedy the
violation of a right guaranteed by the United States
Constitution.
(5) Settlements.--
(A) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United
[[Page S3823]]
States, the court may not enter, approve, or continue a
consent decree that does not comply with paragraph (2).
(B) Private settlement agreements.--Nothing in this
subsection shall preclude parties from entering into a
private settlement agreement that does not comply with
paragraph (2) if the terms of that agreement are not subject
to court enforcement other than reinstatement of the civil
proceedings that the agreement settled.
(6) Expedited proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion considered under
this subsection.
(7) Definitions.--In this subsection:
(A) Consent decree.--The term ``consent decree''--
(i) means any relief entered by the court that is based in
whole or in part on the consent or acquiescence of the
parties; and
(ii) does not include private settlements.
(B) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(C) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal
agent or official acting within the scope of official duties.
(D) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(E) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into among
the parties that is not subject to judicial enforcement other
than the reinstatement of the civil action that the agreement
settled.
(F) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(c) Application of Amendment.--This section shall apply
with respect to all orders granting prospective relief in any
civil action pertaining to the administration or enforcement
of the immigration laws of the United States, whether such
relief was ordered before, on, or after the date of the
enactment of this Act.
(d) Severability.--If any provision of this section or the
application of such provision to any person or circumstance
is found to be unconstitutional, the remainder of this
section and the application of the provisions of such to any
person or circumstance shall not be affected thereby.
______
SA 3789. Mrs. HUTCHISON (for herself, Mr. Cornyn, and Ms. Landrieu)
submitted an amendment intended to be proposed by her to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:
On page 165, line 20, after ``Provided,'' insert the
following: ``That for states in which the President 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)) on September 24, 2005, as a
result of Hurricane Rita, each county or parish eligible for
individual and public assistance under such declaration in
such States will be treated equally for purposes of cost-
share adjustments under such Act, to account for the impact
in those counties and parishes of Hurricanes Rita and
Katrina: Provided further,''.
______
SA 3790. Mrs. HUTCHISON submitted an amendment intended to be
proposed by her to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
Except for the renewal of existing intergovernmental
agreements, the Bureau of Prisons (BOP) shall not plan,
support, or contract to meet Federal BOP bed space needs
which replace intergovernmental agreements existing at the
date of enactment hereof and are used to house 1000 or more
Federal inmates, until 30 days after the General
Accountability Office releases the BOP Cost Comparison Report
required in the Conference Report that accompanied Public
109-108.
______
SA 3791. Mrs. HUTCHISON (for herself, Mr. Cornyn, and Ms. Landrieu)
submitted an amendment intended to be proposed by her to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; as follows:
On page 176, strike lines 4 through 7 and insert the
following:
December 31, 2006, for part A of title V of the Elementary
and Secondary Education Act of 1965 (``ESEA'') for
allocations to States for necessary expenses in the 2006-2007
academic year related to the consequences of Hurricanes
Katrina and Rita: Provided further, That, notwithstanding the
allotment formula described in section 5111 of the ESEA,
funds made available in the preceding proviso shall be
allocated to each eligible State educational agency on the
basis of its relative share of displaced students (as that
term is defined in section 107(b)(1) of title IV of division
B of Public Law 109-148) enrolled on October 1, 2006,
provided that the number of displaced students enrolled in
public and private elementary schools and secondary schools
in the State is not less than 1 percent of the total fourth
quarter displaced student enrollment count of the 2005-2006
academic year: Provided further, That, notwithstanding the
allocation formula described in section 5112 of the ESEA,
each State educational agency shall make 100 percent of funds
available under such proviso to local educational agencies on
the basis of each local educational agency's relative share
of displaced students on October 1, 2006: Provided further,
That such local educational agencies shall use such funds in
accordance with sections 5131 and 5142 of the ESEA: Provided
further, that the
______
SA 3792. Mrs. HUTCHISON (for herself, Mr. Cornyn, and Ms. Landrieu)
submitted an amendment intended to be proposed by her to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:
On page 165, line 19, strike ``$10,600,000,000'' and all
that follows through line 23 and insert the following:
``$10,800,000,000 to remain available until expended:
Provided, That $200,000,000 shall be for ensuring that for
states in which the President 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)) on September 24, 2005, as a result of Hurricane Rita,
that each county or parish eligible for individual and public
assistance under such declaration in such States will be
treated equally for purposes of cost-share adjustments under
such Act, to account for the impact in those counties and
parishes of Hurricanes Rita and Katrina: Provided further,
That the amount provided under this heading is designated as
an emergency requirement pursuant to section 402 of H. Con.
Res. 95 109th Congress), the concurrent resolution on the
budget for fiscal year 2006: Provided further, That of funds
made available under the heading `Millennium Challenge
Corporation' under the heading 'Independent Agencies' in
Title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2006 (Public Law 109-
102; 119 Stat. 2184), $200 million is rescinded.''.
______
SA 3793. Mr. COCHRAN submitted an amendment intended to be proposed
by him to the bill H.R. 4936, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 165, line 19, strike ``$10,600,000,000'' all
through and including line 23 and insert ``$7,333,000,000, to
remain available until expended: Provided, That the amount
provided under this heading is designated as an emergency
requirement pursuant to section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution on the budget for fiscal
year 2006.''.
______
SA 3794. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 162, line 3, after ``contractors:'', insert the
following: ``Provided further, That $520,000,000 of the funds
appropriated herein to modify the 17th Street, Orleans
Avenue, and London Avenue drainage canals and install pumps
and closure structures at or near the lakefront; $198,000,000
of the funds appropriated herein for storm-proofing interior
pump stations to ensure the operability of the stations
during hurricanes, storms, and high water events; and
$285,000,000 of the funds appropriated herein to improve
protection at the Inner Harbor Navigation Canal shall be
available only for fiscal years 2007 and thereafter, subject
to authorization:''.
______
SA 3795. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 159, strike lines 15 through 20 and insert the
following: ``, $122,850,000, to remain available until
expended: Provided, That the provision of such sums shall be
subject to authorization:''.
On page 161, beginning on line 3, strike ``the Secretary''
and all that follows through ``tem:'' on line 20 and insert
the following: ``the provision of such sums shall be subject
to authorization:''.
______
SA 3796. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, strike lines 12 through 19.
[[Page S3824]]
______
SA 3797. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 171, strike lines 19 through 24 and insert the
following:
canes of the 2005 season, $6,300,000, to remain available
until September 30, 2007, of which the Administrator of the
Environmental Protection Agency, by not later than 60 days
after the date of enactment of this Act, shall use $300,000
to prepare and submit to Congress a report that describes the
potential hazards posed by exposure to any hazardous
substance, pollutant, or contaminant (including disease-
causing organisms and mold) that may have been released or
mobilized into the environment due to Hurricane Katrina or
Hurricane Rita and methods by which the Administrator plans
to mitigate those hazards: Provided, That the amount provided
under this heading is designated as an emergency requirement
pursuant to section 402 of H. Con. Res. 95 (109th Congress),
the concurrent resolution on the budget for fiscal year 2006.
______
SA 3798. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of title VII, insert the following:
Sec. ___. Any national service educational award described
in subtitle D of title I of the National and Community
Service Act of 1990 (42 U.S.C. 12601 et seq.), made with
funds appropriated to, funds transferred to, or interest
accumulated in the National Service Trust, shall be known as
a ``Segal award''.
______
SA 3799. Mr. INOUYE (for himself, Mr. Stevens, Mr. Shelby, Mr.
Sarbanes, and Mr. Rockefeller) submitted an amendment intended to be
proposed by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
TITLE --IMPROVED PUBLIC TRANSPORTATION SECURITY
SEC. --101. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Public
Transportation Terrorism Prevention Act of 2006''.
(b) Table of Contents.--The table of contents for this
title is as follows:
Sec. --101. Short title; table of contents.
Sec. --102. Findings and purpose.
Sec. --103. Security assessments.
Sec. --104. Security assistance grants.
Sec. --105. Intelligence sharing.
Sec. --106. Research, development, and demonstration grants.
Sec. --107. Reporting requirements.
Sec. --108. Authorization of appropriations.
Sec. --109. Sunset provision.
SEC. --102. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) public transportation systems throughout the world have
been a primary target of terrorist attacks, causing countless
death and injuries;
(2) 5,800 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential for the Nation's economy and for significant
national and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements
to the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect
our Nation's aviation system and its 1,800,000 daily
passengers;
(7) the Federal Government has allocated $250,000,000 in
fiscal years 2003 through 2005 to protect public
transportation systems in the United States;
(8) the Federal Government has invested $7.38 in aviation
security improvements per passenger, but only $0.007 in
public transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and many
transportation experts have reported an urgent need for
significant investment in public transportation security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. --103. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
enactment of this Act, the Federal Transit Administration of
the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2006, the Secretary of
Homeland Security shall review and augment the security
assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall
use the security assessments received under paragraph (1) as
the basis for allocating grant funds under section --104,
unless the Secretary notifies the Committee on Banking,
Housing, and Urban Affairs of the Senate that the Secretary
has determined that an adjustment is necessary to respond to
an urgent threat or other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2006, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1), shall
establish security improvement priorities that will be used
by public transportation agencies for any funding provided
under section --104.
(5) Updates.--Not later than July 31, 2007, and annually
thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in this
subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest risk of
a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary
of Homeland Security shall use the information collected
under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public transportation
systems; and
(B) maximizes the efforts of public transportation systems
to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later
than July 31, 2006, the Secretary of Homeland Security shall
conduct security assessments, appropriate to the size and
nature of each system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. --104. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the
priorities established under section --103(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive
detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator type
system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section --103(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation employees,
including bus and rail operators, mechanics, customer
service, maintenance employees, transit police, and security
personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or explosives
detection;
(E) overtime reimbursement for enhanced security personnel
during significant national and international public events,
consistent with the priorities established under section --
103(a)(4); and
(F) other appropriate security improvements identified
under section --103(a)(4), excluding routine, ongoing
personnel costs.
(c) Congressional Notification.--Not later than 3 days
before the award of any grant under this section, the
Secretary of Homeland Security shall notify the Committee on
Banking, Housing, and Urban Affairs of the Senate of the
intent to award such grant.
(d) Public Transportation Agency Responsibilities.--Each
public transportation agency that receives a grant under this
section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
[[Page S3825]]
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified for that grant under
this section, the grantee shall return any amount so used to
the Treasury of the United States.
SEC. --105. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland
Security shall ensure that the Department of Transportation
receives appropriate and timely notification of all credible
terrorist threats against public transportation assets in the
United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis
Center for Public Transportation (referred to in this
subsection as the ``ISAC'') established pursuant to
Presidential Directive 63, to protect critical
infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation agencies that
the Secretary determines to be at significant risk of
terrorist attack to participate in the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public transportation
agency for participating in the ISAC.
SEC. --106. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
(a) Grants Authorized.--The Secretary of Homeland Security,
in consultation with the Federal Transit Administration,
shall award grants to public or private entities to conduct
research into, and demonstrate, technologies and methods to
reduce and deter terrorist threats or mitigate damages
resulting from terrorist attacks against public
transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may
be used to--
(1) research chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) research imaging technologies;
(3) conduct product evaluations and testing; and
(4) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a
grant under this section shall report annually to the
Department of Homeland Security on the use of grant funds
received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified under subsection (b),
the grantee shall return any amount so used to the Treasury
of the United States.
SEC. --107. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
of each year, the Secretary of Homeland Security shall submit
a report, containing the information described in paragraph
(2), to--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the provisions
of sections -- 103 through 106;
(B) the amount of funds appropriated to carry out the
provisions of each of sections -- 103 through 106 that have
not been expended or obligated; and
(C) the state of public transportation security in the
United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 of each year, the
Secretary of Homeland Security shall submit a report to the
Governor of each State with a public transportation agency
that has received a grant under this title.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each such
public transportation agency; and
(B) the use of such grant funds.
SEC. --108. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are
authorized to be appropriated $2,370,000,000 for fiscal year
2007 to carry out the provisions of section --104(a), which
shall remain available until expended.
(b) Operational Security Assistance Program.--There are
authorized to be appropriated to carry out the provisions of
section --104(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of
section --105.
(d) Research.--There are authorized to be appropriated
$130,000,000 for fiscal year 2007 to carry out the provisions
of section --106, which shall remain available until
expended.
SEC. --109. SUNSET PROVISION.
The authority to make grants under this title shall expire
on October 1, 2009.
TITLE --IMPROVED RAIL SECURITY
SEC. --201. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Rail
Security Act of 2006''.
(b) Table of Contents.--The table of contents for this
title is as follows:
Sec. --201. Short title; table of contents.
Sec. --202. Rail transportation security risk assessment.
Sec. --203. Systemwide AMTRAK security upgrades.
Sec. --204. Fire and life-safety improvements.
Sec. --205. Freight and passenger rail security upgrades.
Sec. --206. Rail security research and development.
Sec. --207. Oversight and grant procedures.
Sec. --208. AMTRAK plan to assist families of passengers involved in
rail passenger accidents.
Sec. --209. Northern border rail passenger report.
Sec. --210. Rail worker security training program.
Sec. --211. Whistleblower protection program.
Sec. --212. High hazard material security threat mitigation plans.
Sec. --213. Memorandum of agreement.
Sec. --214. Rail security enhancements.
Sec. --215. Public awareness.
Sec. --216. Railroad high hazard material tracking.
Sec. --217. Authorization of appropriations.
SEC. --202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, including the
Transportation Security Administration, the Department of
Transportation, and other appropriate agencies, to complete a
vulnerability and risk assessment of freight and passenger
rail transportation (encompassing railroads, as that term is
defined in section 20102(1) of title 49, United States Code).
The assessment shall include--
(A) a methodology for conducting the risk assessment,
including timelines, that addresses how the Department of
Homeland Security will work with the entities describe in
subsection (b) and make use of existing Federal expertise
within the Department of Homeland Security, the Department of
Transportation, and other appropriate agencies;
(B) identification and evaluation of critical assets and
infrastructures;
(C) identification of vulnerabilities and risks to those
assets and infrastructures;
(D) identification of vulnerabilities and risks that are
specific to the transportation of hazardous materials via
railroad;
(E) identification of security weaknesses in passenger and
cargo security, transportation infrastructure, protection
systems, procedural policies, communications systems,
employee training, emergency response planning, and any other
area identified by the assessment; and
(F) an account of actions taken or planned by both public
and private entities to address identified rail security
issues and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail bridges,
rail switching and car storage areas, other rail
infrastructure and facilities, information systems, and other
areas identified by the Secretary as posing significant rail-
related risks to public safety and the movement of interstate
commerce, taking into account the impact that any proposed
security measure might have on the provision of rail service;
(B) deploying equipment to detect explosives and hazardous
chemical, biological, and radioactive substances, and any
appropriate countermeasures;
(C) training appropriate railroad or railroad shipper
employees in terrorism prevention, passenger evacuation, and
response activities;
(D) conducting public outreach campaigns on passenger
railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs of
measures that may be required to address those risks.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the freight and
intercity passenger railroads, and State and local
governments, for the Federal government to provide increased
security support at high or severe threat levels of alert;
(B) a plan for coordinating existing and planned rail
security initiatives undertaken by the public and private
sectors; and
(C) a contingency plan, developed in conjunction with
freight and intercity and commuter passenger railroads, to
ensure the continued movement of freight and passengers in
the event of an attack affecting the railroad system, which
shall contemplate--
[[Page S3826]]
(i) the possibility of rerouting traffic due to the loss of
critical infrastructure, such as a bridge, tunnel, yard, or
station; and
(ii) methods of continuing railroad service in the
Northeast Corridor in the event of a commercial power loss,
or catastrophe affecting a critical bridge, tunnel, yard, or
station.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment and developing the recommendations and
plans required by subsection (a), the Secretary of Homeland
Security shall consult with rail management, rail labor,
owners or lessors of rail cars used to transport hazardous
materials, first responders, shippers of hazardous materials,
public safety officials, and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report containing the assessment,
prioritized recommendations, and plans required by subsection
(a) and an estimate of the cost to implement such
recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with
the Secretary of Transportation, shall update the assessment
and recommendations each year and transmit a report, which
may be submitted in both classified and redacted formats, to
the Committees named in subsection (c)(1), containing the
updated assessment and recommendations.
(e) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out
this section $5,000,000 for fiscal year 2007.
SEC. --203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c) the Secretary of
Homeland Security, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), is authorized to make grants to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall
disburse funds to Amtrak provided under subsection (a) for
projects contained in a systemwide security plan approved by
the Secretary of Homeland Security. The plan shall include
appropriate measures to address security awareness, emergency
response, and passenger evacuation training.
(c) Equitable Geographic Allocation.--The Secretary shall
ensure that, subject to meeting the highest security needs on
Amtrak's entire system and consistent with the risk
assessment required under section --202, stations and
facilities located outside of the Northeast Corridor receive
an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code,
there shall be made available to the Secretary of Homeland
Security and the Assistant Secretary of Homeland Security
(Transportation Security Administration) to carry out this
section--
(1) $63,500,000 for fiscal year 2007;
(2) $30,000,000 for fiscal year 2008; and
(3) $30,000,000 for fiscal year 2009.
Amounts appropriated pursuant to this subsection shall remain
available until expended.
SEC. --204. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, is
authorized to make grants to Amtrak for the purpose of making
fire and life-safety improvements to Amtrak tunnels on the
Northeast Corridor in New York, NY, Baltimore, MD, and
Washington, DC.
(b) Authorization of Appropriations.--Out of funds
appropriated pursuant to section --217(b) of this title,
there shall be made available to the Secretary of
Transportation for the purposes of carrying out subsection
(a) the following amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $190,000,000 for fiscal year 2007;
(B) $190,000,000 for fiscal year 2008; and
(C) $190,000,000 for fiscal year 2009.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $19,000,000 for fiscal year 2007;
(B) $19,000,000 for fiscal year 2008; and
(C) $19,000,000 for fiscal year 2009.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $13,333,000 for fiscal year 2007;
(B) $13,333,000 for fiscal year 2008; and
(C) $13,333,000 for fiscal year 2009.
(c) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section --217(b) of this title, there shall be
made available to the Secretary of Transportation for fiscal
year 2007 $3,000,000 for the preliminary design of options
for a new tunnel on a different alignment to augment the
capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made
available pursuant to this section shall remain available
until expended.
(e) Plans Required.--The Secretary of Transportation may
not make amounts available to Amtrak for obligation or
expenditure under subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1)
and (2) of subsection (e) and approve or disapprove the plans
within 45 days after the date on which each such plan is
submitted by Amtrak. If the Secretary determines that a plan
is incomplete or deficient, the Secretary shall notify Amtrak
of the incomplete items or deficiencies and Amtrak shall,
within 30 days after receiving the Secretary's notification,
submit a modified plan for the Secretary's review. Within 15
days after receiving additional information on items
previously included in the plan, and within 45 days after
receiving items newly included in a modified plan, the
Secretary shall either approve the modified plan, or, if the
Secretary finds the plan is still incomplete or deficient,
the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security the portions of the plan the Secretary
finds incomplete or deficient, approve all other portions of
the plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions
of the plan.
(g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely
completion of all portions of the tunnel projects described
in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. --205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of Homeland
Security (Transportation Security Administration) and other
appropriate agencies, is authorized to make grants to freight
railroads, the Alaska Railroad, hazardous materials shippers,
owners of rail cars used in the transportation of hazardous
materials, universities, colleges and research centers, State
and local governments (for rail passenger facilities and
infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities
to prevent or respond to acts of terrorism, sabotage, or
other intercity passenger rail and freight rail security
vulnerabilities and risks identified under section --202,
including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their
resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
[[Page S3827]]
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section --202, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made
under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section --202, and shall encourage non-
Federal financial participation in awarding grants. With
respect to grants for intercity passenger rail security, the
Secretary shall also take into account passenger volume and
whether a station is used by commuter rail passengers as well
as intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak
meets the conditions set forth in section --203(b) of this
title.
(e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section --202 the
Secretary of Homeland Security determines that critical rail
transportation security needs require reimbursement in
greater amounts to any eligible entity, no grants under this
section may be made--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United
States Code, there shall be made available to the Secretary
of Homeland Security to carry out this section--
(1) $100,000,000 for fiscal year 2007;
(2) $100,000,000 for fiscal year 2008; and
(3) $100,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall
remain available until expended.
(g) High Hazard Materials Defined.--In this section, the
term ``high hazard materials'' means quantities of poison
inhalation hazard materials, Class 2.3 gases, Class 6.1
materials, and anhydrous ammonia that the Secretary, in
consultation with the Secretary of Transportation, determines
pose a security risk.
SEC. --206. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary
for Science and Technology and the Assistant Secretary of
Homeland Security (Transportation Security Administration),
in consultation with the Secretary of Transportation shall
carry out a research and development program for the purpose
of improving freight and intercity passenger rail security
that may include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical,
biological, and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car or other
rail car used to transport hazardous materials and transmit
information about the integrity of cars to the train crew or
dispatcher;
(B) research to improve tank car integrity, with a focus on
tank cars that carry high hazard materials (as defined in
section --205(g) of this title; and
(C) techniques to transfer hazardous materials from rail
cars that are damaged or otherwise represent an unreasonable
risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section --202.
(b) Coordination With Other Research Initiatives.--The
Secretary of Homeland Security shall ensure that the research
and development program authorized by this section is
coordinated with other research and development initiatives
at the Department of Homeland Security and the Department of
Transportation. The Secretary shall carry out any research
and development project authorized by this section through a
reimbursable agreement with the Secretary of Transportation,
if the Secretary of Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research
and development program, the Secretary may award grants to
the entities described in section --205(a) and shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(d) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United
States Code, there shall be made available to the Secretary
of Homeland Security to carry out this section--
(1) $35,000,000 for fiscal year 2007;
(2) $35,000,000 for fiscal year 2008; and
(3) $35,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall
remain available until expended.
SEC. --207. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Homeland
Security may use up to 0.5 percent of amounts made available
for capital projects under the Rail Security Act of 2006 to
enter into contracts for the review of proposed capital
projects and related program management plans and to oversee
construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available
under subsection (a) of this subsection to make contracts to
audit and review the safety, procurement, management, and
financial compliance of a recipient of amounts under this
title.
(c) Procedures for Grant Award.--The Secretary shall,
within 90 days after the date of enactment of this Act,
prescribe procedures and schedules for the awarding of grants
under this title, including application and qualification
procedures (including a requirement that the applicant have a
security plan), and a record of decision on applicant
eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary
and shall be consistent, to the extent practicable, with the
grant procedures established under section 70107 of title 46,
United States Code.
SEC. --208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of
passengers involved in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Rail Security Act of 2006,
Amtrak shall submit to the Chairman of the National
Transportation Safety Board, the Secretary of Transportation,
and the Secretary of Homeland Security a plan for addressing
the needs of the families of passengers involved in any rail
passenger accident involving an Amtrak intercity train and
resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within Amtrak's control;
that any possession of the passenger within Amtrak's control
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a
passenger within Amtrak's control will be retained by the
rail passenger carrier for at least 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may
not release any personal information on a list obtained under
subsection (b)(1) but may provide information on the list
about a passenger to the family of the passenger to the
extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court
arising
[[Page S3828]]
out of the performance of Amtrak in preparing or providing a
passenger list, or in providing information concerning a
train reservation, pursuant to a plan submitted by Amtrak
under subsection (b), unless such liability was caused by
Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
Amtrak may take, or the obligations that Amtrak may have, in
providing assistance to the families of passengers involved
in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to
section --217(b) of the Rail Security Act of 2006, there
shall be made available to the Secretary of Transportation
for the use of Amtrak $500,000 for fiscal year 2007 to carry
out this section. Amounts made available pursuant to this
subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 of title 49, United States Code, is amended by adding at
the end the following:
``24316. Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. --209. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration), the Secretary of Transportation,
heads of other appropriate Federal departments, and agencies
and the National Railroad Passenger Corporation, shall
transmit a report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security that
contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January
18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. --210. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Secretary of Transportation, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and
issue detailed guidance for a rail worker security training
program to prepare front-line workers for potential threat
conditions. The guidance shall take into consideration any
current security training requirements or best practices.
(b) Program Elements.--The guidance developed under
subsection (a) shall include elements, as appropriate to
passenger and freight rail service, that address the
following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days
after the Secretary of Homeland Security issues guidance
under subsection (a) in final form, each railroad carrier
shall develop a rail worker security training program in
accordance with that guidance and submit it to the Secretary
for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall
review the program and transmit comments to the railroad
carrier concerning any revisions the Secretary considers
necessary for the program to meet the guidance requirements.
A railroad carrier shall respond to the Secretary's comments
within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary
reviews the training program developed by a railroad carrier
under this section, the railroad carrier shall complete the
training of all front-line workers in accordance with that
program. The Secretary shall review implementation of the
training program of a representative sample of railroad
carriers and report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security on the
number of reviews conducted and the results. The Secretary
may submit the report in both classified and redacted formats
as necessary.
(e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide
additional training to their front-line workers within a
reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers,
train operators, other onboard employees, maintenance and
maintenance support personnel, bridge tenders, as well as
other appropriate employees of railroad carriers, as defined
by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security
shall issue guidance and best practices for a rail shipper
employee security program containing the elements listed
under subsection (b) as appropriate.
SEC. --211. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section
20117 the following:
``Sec. 20118. Whistleblower protection for rail security
matters
``(a) Discrimination Against Employee.--No rail carrier
engaged in interstate or foreign commerce may discharge a
railroad employee or otherwise discriminate against a
railroad employee because the employee (or any person acting
pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to a reasonably
perceived threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be
expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed. If the
violation is a form of discrimination that does not involve
discharge, suspension, or another action affecting pay, and
no other remedy is available under this subsection, the
Board, division, delegate, or other board of adjustment may
award the employee reasonable damages, including punitive
damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B) of this title, including the burdens of proof,
applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and
another provision of law for the same allegedly unlawful act
of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20117 the following:
``20118. Whistleblower protection for rail security matters.''.
SEC. --212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration)
[[Page S3829]]
and the Secretary of Transportation, shall require rail
carriers transporting a high hazard material, as defined in
section --205(g) of this title and of a quantity equal or
exceeding the quantities of such material listed in subpart
172.800, title 49, Federal Code of Regulations, to develop a
high hazard material security threat mitigation plan
containing appropriate measures, including alternative
routing and temporary shipment suspension options, to address
assessed risks to high consequence targets. The plan, and any
information submitted to the Secretary under this section
shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49,
United States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier
for the shipment of high hazardous materials by rail on the
rail carrier's right-of-way when the threat levels of the
Homeland Security Advisory System are high or severe and
specific intelligence of probable or imminent threat exists
towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high hazard
materials to the Secretary of Homeland Security within 60
days after the date of enactment of this Act;
(B) develop and submit a high hazard material security
threat mitigation plan to the Secretary within 180 days after
it receives the notice of high consequence targets on such
routes by the Secretary; and
(C) submit any subsequent revisions to the plan to the
Secretary within 30 days after making the revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad
carrier shall respond to the Secretary's comments within 30
days after receiving them. Each rail carrier shall update and
resubmit its plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means a building,
buildings, infrastructure, public space, or natural resource
designated by the Secretary of Homeland Security that is
viable terrorist target of national significance, the attack
of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and defense
capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.
SEC. --213. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Similar to the public
transportation security annex between the two departments
signed on September 8, 2005, within 1 year after the date of
enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall execute and develop
an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, governing the
specific roles, delineations of responsibilities, resources
and commitments of the Department of Transportation and the
Department of Homeland Security, respectively, in addressing
railroad transportation security matters, including the
processes the departments will follow to promote
communications, efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' the
first place it appears, and inserting ``safety, including
security,''.
SEC. --214. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security and the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
review existing rail regulations of the Department of
Transportation for the purpose of identifying areas in which
those regulations need to be revised to improve rail
security.
SEC. --215. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Secretary of Transportation, shall develop a national
plan for public outreach and awareness. Such plan shall be
designed to increase awareness of measures that the general
public, railroad passengers, and railroad employees can take
to increase railroad system security. Such plan shall also
provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing
research and development efforts, and available Federal
funding sources to improve railroad security. Not later than
9 months after the date of enactment of this Act, the
Secretary of Homeland Security shall implement the plan
developed under this section.
SEC. --216. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section --206 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
develop a program that will encourage the equipping of rail
cars transporting high hazard materials (as defined in
section --205(g) of this title) in quantities equal to or
greater than the quantities specified in subpart 171.800 of
title 49, Code of Federal Regulations, with wireless
terrestrial or satellite communications technology that
provides--
(A) car position location and tracking capabilities;
(B) notification of rail car depressurization, breach, or
unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for rail car tracking at the Department of Transportation;
and
(B) ensure that the program is consistent with
recommendations and findings of the Department of Homeland
Security's hazardous material tank rail car tracking pilot
programs.
(b) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out
this section $3,000,000 for each of fiscal years 2007, 2008,
and 2009.
SEC. --217. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--
Section 114 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(u) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security, (Transportation Security Administration) for rail
security--
``(1) $206,500,000 for fiscal year 2007;
``(2) $168,000,000 for fiscal year 2008; and
``(3) $168,000,000 for fiscal year 2009.''.
(b) Department of Transportation.--There are authorized to
be appropriated to the Secretary of Transportation to carry
out this title and sections 20118 and 24316 of title 49,
United States Code, as added by this title--
(1) $225,000,000 for fiscal year 2007;
(2) $223,000,000 for fiscal year 2008; and
(3) $223,000,000 for fiscal year 2009.
TITLE --IMPROVED MARITIME SECURITY
SEC. --301. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Maritime
and Transportation Security Act of 2006.''
(b) Table of Contents.--The table of contents for this
title is as follows:
Title --Improved Maritime Security
Sec. --301. Short title; table of contents.
Sec. --302. Establishment of additional interagency operational centers
for port security.
Sec. --303. Area maritime transportation security plan to include
salvage response plan.
Sec. --304. Assistance for foreign ports.
Sec. --305. Specific port security initiatives.
Sec. --306. Technical requirements for non-intrusive inspection
equipment.
Sec. --307. Random inspection of containers.
Sec. --308. Port security user fee study.
Sec. --309. Port security grants.
Sec. --310. Work stoppages and employee-employer disputes.
Sec. --311. Inspection of car ferries entering from Canada.
SEC. --302. ESTABLISHMENT OF ADDITIONAL INTERAGENCY
OPERATIONAL CENTERS FOR PORT SECURITY.
(a) In General.--In order to improve interagency
cooperation, unity of command, and the sharing of
intelligence information in a common mission to provide
greater protection for port and intermodal transportation
systems against acts of terrorism, the Secretary of Homeland
Security, acting through the Commandant of the Coast Guard,
shall establish interagency operational centers for port
security at all high priority ports.
(b) Characteristics.--The interagency operational centers
shall--
(1) be based on the most appropriate compositional and
operational characteristics of the pilot project interagency
operational centers for port security in Miami,
[[Page S3830]]
Florida, Norfolk/Hampton Roads, Virginia, Charleston, South
Carolina, and San Diego, California, and the virtual
operation center at the port of New York/New Jersey;
(2) be adapted to meet the security needs, requirements,
and resources of the individual port area at which each is
operating;
(3) provide for participation by--
(A) representatives of the United States Customs and Border
Protection, Immigration and Customs Enforcement, the
Transportation Security Administration, the Department of
Defense, and other Federal agencies, as determined to be
appropriate by the Secretary of Homeland Security;
(B) representatives of State and local law enforcement or
port security agencies and personnel; and
(C) members of the area maritime security committee, as
deemed appropriate by the captain of the port;
(4) be incorporated in the implementation of--
(A) maritime transportation security plans developed under
section 70103 of title 46, United States Code;
(B) maritime intelligence activities under section 70113 of
that title;
(C) short and long range vessel tracking under sections
70114 and 70115 of that title;
(D) secure transportation systems under section 70119 of
that title;
(E) the United States Customs and Border Protection's
screening and high-risk cargo inspection programs; and
(F) the transportation security incident response plans
required by section 70104 of that title.
(c) 2005 Act Report Requirement.--Nothing in this section
relieves the Commandant of the Coast Guard from compliance
with the requirements of section 807 of the Coast Guard and
Maritime Transportation Act of 2004. The Commandant shall
utilize the information developed in making the report
required by that section in carrying out the requirements of
this section.
(d) Budget and Cost-Sharing Analysis.--Within 180 days
after the date of enactment of this Act, the Secretary shall
transmit to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security a proposed
budget analysis for implementing subsection (a), including
cost-sharing arrangements with other Federal departments and
agencies involved in the interagency operation of the
centers.
(e) Security Clearance Assistance.--The Secretary of the
department in which the Coast Guard is operating may assist
non-Federal personnel described in subsection (b)(3)(B) or
(C) in obtaining expedited appropriate security clearances
and in and maintaining their security clearances.
(f) Security Incidents.--During a transportation security
incident (as defined in section 70101(6) of title 46, United
States Code) involving a port, the Coast Guard Captain of the
Port designated by the Commandant of the Coast Guard in each
joint operations center for maritime security shall act as
the incident commander, unless otherwise directed under the
National Maritime Transportation Security Plan established
under section 70103 of title 46, United States Code.
SEC. --303. AREA MARITIME TRANSPORTATION SECURITY PLAN TO
INCLUDE SALVAGE RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is
amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) include a salvage response plan--
``(i) to identify salvage equipment capable of restoring
operational trade capacity; and
``(ii) to ensure that the flow of cargo through United
States ports is re-established as efficiently and quickly as
possible after a transportation security incident.''.
SEC. --304. ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 70109. International cooperation and coordination'' ;
and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, the
Secretary of Energy, and the Commandant of the United States
Coast Guard, shall identify foreign assistance programs that
could facilitate implementation of port security
antiterrorism measures in foreign countries. The Secretary
shall establish a program to utilize those programs that are
capable of implementing port security antiterrorism measures
at ports in foreign countries that the Secretary finds, under
section 70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the
United States Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of port
security antiterrorism measures at the ports located in the
Caribbean Basin, as such ports pose unique security and
safety threats to the United States due to--
``(A) the strategic location of such ports between South
America and United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of narcotics to
the United States that are moved through such ports.
``(d) International Cargo Security Standards.--The
Secretary, in consultation with the Secretary of State, shall
enter into negotiations with foreign governments and
international organizations, including the International
Maritime Organization, the World Customs Organization, and
the International Standards Organization, as appropriate--
``(1) to promote standards for the security of containers
and other cargo moving within the international supply chain;
``(2) to encourage compliance with minimum technical
requirements for the capabilities of nonintrusive inspection
equipment, including imaging and radiation detection devices,
established under section ------ of the Maritime and
Transportation Security Act of 2006 Act;
``(3) to implement the requirements of the container
security initiative under section 70117; and
``(4) to implement standards and procedures established
under section 70119.''.
(b) Report on Security at Ports in the Caribbean Basin.--
Not later than 180 days after the date of enactment of this
Act, the Comptroller General shall submit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report on the security of ports in the
Caribbean Basin. The report--
(1) shall include--
(A) an assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve
such security;
(B) an estimate of the number of ports in the Caribbean
Basin that will not be secured by January 1, 2007, and an
estimate of the financial impact in the United States of any
action taken pursuant to section 70110 of title 46, United
States Code, that affects trade between such ports and the
United States; and
(C) an assessment of the additional resources and program
changes that are necessary to maximize security at ports in
the Caribbean Basin; and
(2) may be submitted in both classified and redacted
formats.
(c) Conforming Amendment.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by striking
the item relating to section 70901 and inserting the
following:
``70901. International cooperation and coordination''.
SEC. --305. SPECIFIC PORT SECURITY INITIATIVES.
(a) In General.--Chapter 701 of title 46, United States
Code, is amended--
(1) by redesignating the second section 70118 (relating to
withholding of clearance), as added by section 802(a)(2) of
the Coast Guard and Maritime Transportation Act of 2004, as
section 70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the Coast Guard and Maritime Transportation Act of
2004, as section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as
section 70122;
(4) by striking section 70116;
(5) by redesignating sections 70117 through 70122 (as
redesignated) as sections 70120 through 70126; and
(6) by inserting after section 70115 the following:
``Sec. 70116. Automated targeting system
``(a) In General.--The Secretary shall develop and maintain
an antiterrorism cargo identification and screening system
for containerized cargo shipped to the United States either
directly or via a foreign port to assess imports and target
those imports which pose a high risk of containing
contraband.
``(b) 24-hour advance notification.--In order to provide
the best possible data for the automated targeting system,
the Secretary shall require importers shipping goods to the
United States via cargo container to supply advanced trade
data not later than 24 hours before loading a container under
the advance notification requirements under section 484(a)(2)
of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). The
requirement shall apply to goods entered after July 1, 2007.
``(c) Secure Transmission; Confidentiality.--All
information required by the Secretary from supply chain
partners under this section shall--
``(1) be transmitted in a secure fashion, as determined by
the Secretary, so as to protect the information from
unauthorized access; and
``(2) shall not be subject to public disclosure under
section 552 of title 5.
``(c) Authorization of Appropriations.--
``(1) There are authorized to be appropriated to the
Secretary of Homeland Security to carry out the automated
targeting system program to identify high-risk oceanborne
container cargo for inspection--
``(A) $30,700,000 for fiscal year 2007;
``(B) $33,200,000 for fiscal year 2008; and
``(C) $35,700,000 for fiscal year 2009.
``(2) The amounts authorized by this subsection shall be in
addition to any other
[[Page S3831]]
amounts authorized to be appropriated to carry out that
program.
``Sec. 70117. Container security initiative
``(a) In General.--The Secretary shall issue regulations
to--
``(1) evaluate and screen cargo documents prior to loading
in a foreign port for shipment to the United States, either
directly or via a foreign port; and
``(2) inspect high-risk cargo in a foreign port intended
for shipment to the United States by physical examination or
nonintrusive examination by technological means.
``(b) Implementation.--The Commissioner of Customs and
Border Protection shall execute inspection and screening
protocols with authorities in foreign ports to ensure that
the standards and procedures promulgated under subsection (a)
are implemented in an effective manner.
``(c) Application of Container Security Initiative to Other
Ports.--
``(1) In general.--The Secretary, through the Commissioner
of Customs and Border Protection, may designate foreign
seaports under this section if, with respect to any such
seaport, the Secretary determines that--
``(A) the seaport--
``(i) presents a significant level of risk;
``(ii) is a significant port or origin or transshipment, in
terms of volume or value, for cargo being imported to the
United States; and
``(iii) is potentially capable of validating a secure
system of transportation pursuant to section 70119; and
``(B) the Department of State and representatives of the
country with jurisdiction over the port have completed
negotiations to ensure compliance with the requirements of
the container security initiative.
``(2) Coordination with international cargo security
standards.--In carrying out paragraph (a), the Secretary
shall--
``(A) consult with the Secretary of State concerning
progress under section 70109(d); and
``(B) coordinate activities under paragraph (1) with
activities conducted under that section.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $142,000,000 for fiscal year 2007;
``(2) $144,000,000 for fiscal year 2008; and
``(3) $146,000,000 for fiscal year 2009.
``Sec. 70118. Customs-Trade Partnership Against Terrorism
validation program
``(a) In General.--The Secretary shall establish a
voluntary program to strengthen and improve the overall
security of the international supply chain and United States
border security.
``(b) Validation; Records Management.--The Secretary shall
issue regulations--
``(1) to strengthen the validation process to verify that
security programs of members of the Customs-Trade Partnership
Against Terrorism have been implemented and that the program
benefits should continue by providing appropriate guidance to
specialists conducting such validations, including
establishing what level of review is adequate to determine
whether member security practices are reliable, accurate, and
effective; and
``(2) to implement a records management system that
documents key decisions and significant operational events
accurately and in a timely manner, including a reliable
system for--
``(A) documenting and maintaining records of all decisions
in the application through validation processes, including
documentation of the objectives, scope, methodologies, and
limitations of validations; and
``(B) tracking member status.
``(b) Human Capital Plan.--Within 6 months after the date
of enactment of the Transportation Security Improvement Act
of 2005, the Secretary shall complete a human capital plan,
that clearly describes how the Customs-Trade Partnership
Against Terrorism program will recruit, train, and retain
sufficient staff to conduct the work of the program
successfully, including reviewing security profiles, vetting,
and conducting validations to mitigate program risk.
``(c) Revalidation.--The Secretary shall establish a
process for revalidating C-TPAT participants. Such
revalidation shall occur not less frequently than once during
every 3-year period following validation.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section not to exceed--
``(1) $60,000,000 for fiscal year 2007;
``(2) $65,000,000 for fiscal year 2008; and
``(3) $72,000,000 for fiscal year 2009.
``Sec. 70119. Secure systems of transportation
``(a) In General.--The Secretary shall establish a program,
to be known as the `GreenLane program', to evaluate and
certify secure systems of international intermodal
transportation--
``(1) to ensure the security and integrity of shipments of
goods to the United States from the point at which such goods
are initially packed or loaded into a cargo container for
international shipment until they reach their ultimate
destination; and
``(2) to facilitate the movement of such goods through the
entire supply chain through an expedited security and
clearance program.
``(b) Program Elements.--In establishing and conducting the
program under subsection (a) the Secretary, acting through
the Commissioner of Customs and Border Protection, shall--
``(1) establish standards and procedures for verifying, at
the point at which goods are placed in a cargo container for
shipping, that the container is free of unauthorized
hazardous chemical, biological, or nuclear material and for
securely sealing such containers after the contents are so
verified;
``(2) ensure that cargo is loaded at a port designated
under section 70117 for shipment to the United States;
``(3) develop performance standards to enhance the physical
security of shipping containers, including performance
standards for container security devices;
``(4) establish standards and procedures for securing cargo
and monitoring that security while in transit;
``(5) ensure that cargo complies with additional security
criteria established by the Secretary beyond the minimum
requirements for C-TPAT participation under section 70118,
particularly in the area of access controls;
``(6) establish standards and procedures for allowing the
United States Government to ensure and validate compliance
with this program; and
``(7) incorporate any other measures the Secretary
considers necessary to ensure the security and integrity of
international intermodal transport movements.
``(c) Benefits from Participation.--
``(1) Eligibility.--The Commissioner of Customs and Border
Protection may by regulation provide for expedited clearance
of cargo for an entity that--
``(A) meets or exceeds the standards established under
subsection (b); and
``(B) certifies the security of its supply chain not less
often than once every 2 years to the Secretary.
``(2) Benefits.--The expedited clearance provided under
paragraph (1) to any eligible entity may include--
``(A) the expedited release of GreenLane cargo into
destination ports within the United States during all threat
levels designated by the Secretary or the Commandant of the
Coast Guard;
``(B) reduced or eliminated bonding requirements for
GreenLane cargo;
``(C) priority processing for searches;
``(D) further reduced scores in the automated targeting
system; and
``(E) streamlined billing of any customs duties or fees.
``(d) Consequences of Lack of Compliance.--
``(1) In general.--Any participant whose security measures
and supply chain security practices have been determined by
the Secretary to be out of compliance with any requirements
of the program shall be denied benefits under the program.
``(2) Right of appeal.--Any participant determined by the
Secretary under paragraph (1) not to be in compliance with
the requirements of the program may appeal that determination
to the Secretary.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items
following the item relating to section 70116 and inserting
the following:
``70116. Automated targeting system
``70117. Container security initiative
``70118. Customs-Trade Partnership Against Terrorism validation program
``70119. Secure systems of transportation
``70120. In rem liability for civil penalties and certain costs
``70121. Firearms, arrests, and seizure of property
``70122. Withholding of clearance
``70123. Enforcement by State and local officers
``70124. Container security initiative
``70125. Civil penalty''.
(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70125''.
(3) Section 70119(a) of such title, as redesignated by
subsection (a)(1) of this section, is amended--
(A) by striking ``under section 70119,'' and inserting
``under section 70125,''; and
(B) by striking ``under section 70120,'' and inserting
``under that section,''.
SEC. --306. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE
INSPECTION EQUIPMENT.
(a) In General.--Within 180 days after the date of
enactment of this Act, the Domestic Nuclear Detection Office,
in consultation with the National Institute of Science and
Technology and the U.S. Customs and Border Protection, shall
initiate a rulemaking--
(1) to establish minimum technical requirements for the
capabilities of non-intrusive inspection equipment for cargo,
including imaging and radiation devices; and
(2) to ensure that all equipment used can detect risks and
threats as determined appropriate by the Secretary.
(b) Endorsements; Sovereignty Conflicts.--In establishing
such requirements, the Domestic Nuclear Detection Office
shall be careful to avoid the endorsement of products
associated with specific companies and the creation of
sovereignty conflicts with participating countries.
(c) Radiation Safety.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall submit a plan to the Senate Committee on
Commerce, Science, and Transportation,
[[Page S3832]]
Senate Committee on Homeland Security and Governmental
Affairs, the Senate Committee on Appropriations, the House of
Representatives Committee on Homeland Security, and the House
of Representatives Committee on Appropriations that--
(1) details the health and safety impacts of nonintrusive
inspection technology; and
(2) describes the policy of the Bureau of Customs and
Border Protection for using nonintrusive inspection
equipment.
(d) Final Rule Deadline.--The Domestic Nuclear Detection
Office shall issue a final rule under subsection (a) within 1
year after the rulemaking proceeding is initiated.
SEC. --307. RANDOM INSPECTION OF CONTAINERS.
Within 1 year after the date of enactment of this Act, the
Commissioner of Customs and Border Protection shall develop
and implement a plan, utilizing best practices for empirical
scientific research design and random sampling standards for
random physical inspection of shipping containers in addition
to any targeted or pre-shipment inspection of such containers
required by law or regulation or conducted under any other
program conducted by the Commissioner. Nothing in this
section shall be construed to mean that implementation of the
random sampling plan would preclude the additional physical
inspection of shipping containers not inspected pursuant to
the plan.
SEC. --308. PORT SECURITY USER FEE STUDY.
The Secretary of Homeland Security shall conduct a study of
the need for, and feasibility of, establishing a system of
oceanborne and port-related intermodal transportation user
fees that could be imposed and collected as a dedicated
revenue source, on a temporary or continuing basis, to
provide necessary funding for the improvement and maintenance
of enhanced port security. Within 1 year after date of
enactment of this Act, the Secretary shall submit a report to
the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security that--
(1) contains the Secretary's findings, conclusions, and
recommendations (including legislative recommendations if
appropriate); and
(2) includes an assessment of the annual amount of customs
fees and duties collected through oceanborne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improve and maintain security.
SEC. --309. PORT SECURITY GRANTS.
(a) Basis for Grants.--Section 70107(a) of title 46, United
States Code, is amended by striking ``for making a fair and
equitable allocation of funds'' and inserting ``based on risk
and vulnerability''.
(b) Eligible Costs.--Section 70107(b) of title 46, United
States Code, is amended by striking paragraph (1) and
redesignating paragraphs (2) through (4) as paragraphs (1)
through (3), respectively.
(c) Letters of Intent.--Section 70107(e) of title 46,
United States Code, is amended by adding at the end the
following:
``(5) Letters of intent.--The Secretary may execute letters
of intent to commit funding to port sponsors from the
Fund.''.
(d) Operation Safe Commerce.--Section 70107(i) of title 46,
United States Code, is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6); and
(2) by inserting after paragraph (3) the following:
``(4) Operation Safe Commerce.--
``(A) In general.--Not later than 1 year after the date of
enactment of the [To be supplied] Act, the Secretary shall
initiate grant projects that--
``(i) integrate nonintrusive inspection and radiation
detection equipment with automatic identification methods for
containers, vessels, and vehicles;
``(ii) test physical access control protocols and
technologies;
``(iii) create a data sharing network capable of
transmitting data required by entities participating in the
international supply chain from every intermodal transfer
point to the National Targeting Center of the Department; and
``(iv) otherwise further maritime and cargo security, as
determined by the Secretary.
``(B) Supply chain security for special container and
noncontainerized cargo.--The Secretary shall consider
demonstration projects that further the security of the
international supply chain for special container cargo,
including refrigerated containers, and noncontainerized
cargo, including roll-on/roll-off, break-bulk, liquid, and
dry bulk cargo.
``(C) Annual report.--Not later than March 1 of each year,
the Secretary shall submit a report detailing the results of
Operation Safe Commerce to--
``(i) the Senate Committee on Commerce, Science, and
Transportation;
``(ii) the Senate Committee on Homeland Security and
Governmental Affairs;
``(iii) the House of Representatives Committee on Homeland
Security;
``(iv) the Senate Committee on Appropriations; and
``(v) the House of Representatives Committee on
Appropriations.''.
(e) Research, Development, Test, and Evaluation.--The
Secretary of Homeland Security shall--
(1) direct research, development, test, and evaluation
efforts in furtherance of maritime and cargo security;
(2) encourage the ingenuity of the private sector in
developing and testing technologies and process innovations
in furtherance of these objectives; and
(3) evaluate such technologies.
(f) Coordination.--The Secretary of Homeland Security,
acting through the Undersecretary for Science and Technology,
in consultation with the Assistant Secretary for Policy, the
Director of Cargo Security Policy, and the Chief Financial
Officer, shall ensure that--
(1) research, development, test, and evaluation efforts
funded by the Department in furtherance of maritime and cargo
security are coordinated to avoid duplication of efforts; and
(2) the results of such efforts are shared throughout the
Department, as appropriate.
SEC. --310. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.
Section 70101(6) is amended by inserting after ``area.''
the following: ``In this paragraph, the term `economic
disruption' does not include a work stoppage or other
nonviolent employee-related action resulting from an
employee-employer dispute.''.
SEC. --311. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.
Within 120 days after the date of enactment of this Act,
the Secretary of Homeland Security, acting through the
Commissioner of Customs and Border Protection, in
coordination with the Secretary of State, and their Canadian
counterparts, shall develop a plan for the inspection of
passengers and vehicles before such passengers board, or such
vehicles are loaded onto, a ferry bound for a United States
port.
______
SA 3800. Mr. INOUYE (for himself, Mr. Stevens, Mrs. Hutchison, Mr.
Rockefeller, Mrs. Boxer, Mr. Lautenberg, Ms. Snowe, Ms. Cantwell, Mr.
Kerry, Mr. Dorgan, Mr. Nelson of Florida, and Mr. Pryor) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
TITLE --IMPROVED MARITIME SECURITY
SEC. --00. SHORT TITLE; TABLE OF CONTENTS..
(a) Short Title.--This title may be cited as the ``Maritime
Security Improvement Act of 2006''.
(b) Table of Contents.--The table of contents for this
title is as follows:
Title --Improved Maritime Security
Sec. --00. Short title; table of contents..
Sec. --01. Establishment of additional interagency operational centers
for port security.
Sec. --02. Area maritime transportation security plan to include
salvage response plan.
Sec. --03. Post-incident resumption of trade.
Sec. --04. Assistance for foreign ports.
Sec. --05. Improved data for targeted cargo searches.
Sec. --06. Technical requirements for non-intrusive inspection
equipment.
Sec. --07. Random inspection of containers.
Sec. --08. Cargo security.
Sec. --09. Secure systems of international intermodal transportation.
Sec. --10. Port security user fee study.
Sec. --11. Deadline for transportation security cards.
Sec. --12. Port security grants.
Sec. --13. Customs-Trade Partnership Against Terrorism security
validation program.
Sec. --14. Work stoppages and employee-employer disputes.
Sec. --15. Appeal of denial of waiver for transportation security card.
Sec. --16. Inspection of car ferries entering from Canada.
SEC. --01. ESTABLISHMENT OF ADDITIONAL INTERAGENCY
OPERATIONAL CENTERS FOR PORT SECURITY.
(a) In General.--In order to improve interagency
cooperation, unity of command, and the sharing of
intelligence information in a common mission to provide
greater protection for port and intermodal transportation
systems against acts of terrorism, the Secretary of Homeland
Security, acting through the Commandant of the Coast Guard,
shall establish interagency operational centers for port
security at all high priority ports.
(b) Characteristics.--The interagency operational centers
shall--
(1) be based on the most appropriate compositional and
operational characteristics of the pilot project interagency
operational centers for port security in Miami, Florida,
Norfolk/Hampton Roads, Virginia, Charleston, South Carolina,
and San Diego, California;
(2) be adapted to meet the security needs, requirements,
and resources of the individual port area at which each is
operating;
(3) provide for participation by representatives of the
United States Customs and Border Protection, the
Transportation Security Administration, the Department of
Defense, and other Federal agencies, as determined to be
appropriate by the Secretary of Homeland Security, and State
and local law enforcement or port security agencies and
personnel; and
(4) be incorporated in the implementation of--
[[Page S3833]]
(A) maritime transportation security plans developed under
section 70103 of title 46, United States Code;
(B) maritime intelligence activities under section 70113 of
that title;
(C) short and long range vessel tracking under sections
70114 and 70115 of that title;
(D) secure transportation systems under section 70116 of
that title;
(E) the United States Customs and Border Protection's
screening and high-risk cargo inspection programs; and
(F) the transportation security incident response plans
required by section 70104 of that title.
(c) 2005 Act Report Requirement.--Nothing in this section
relieves the Commandant of the Coast Guard from compliance
with the requirements of section 807 of the Coast Guard and
Maritime Transportation Act of 2004. The Commandant shall
utilize the information developed in making the report
required by that section in carrying out the requirements of
this section.
(d) Budget and Cost-Sharing Analysis.--Within 180 days
after the date of enactment of this Act, the Secretary shall
transmit to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security a proposed
budget analysis for implementing subsection (a), including
cost-sharing arrangements with other Federal departments and
agencies involved in the interagency operation of the
centers.
SEC. --02. AREA MARITIME TRANSPORTATION SECURITY PLAN TO
INCLUDE SALVAGE RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is
amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) include a salvage response plan--
``(i) to identify salvage equipment capable of restoring
operational trade capacity; and
``(ii) to ensure that the flow of cargo through United
States ports is re-established as efficiently and quickly as
possible after a transportation security incident.''.
SEC. --03. POST-INCIDENT RESUMPTION OF TRADE.
Section 70103(a)(2)(J) of title 46, United States Code, is
amended by inserting after ``incident.'' the following: ``The
plan shall provide, to the extent practicable, preference in
the reestablishment of the flow of cargo through United
States ports after a transportation security incident to--
``(i) vessels that have a vessel security plan approved
under subsection (c);
``(ii) vessels manned by individuals who are described in
section 70105(b)(2)(B) and who have undergone a background
records check under section 70105(d) or who hold
transportation security cards issued under section 70105; and
``(iii) vessels on which all the cargo has undergone
screening and inspection under standards and procedures
established under section 70116(b)(2) of this title.''.
SEC. --04. ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 70109. International cooperation and coordination'' ;
and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, the
Secretary of Energy, and the Commandant of the United States
Coast Guard, shall identify foreign assistance programs that
could facilitate implementation of port security
antiterrorism measures in foreign countries. The Secretary
shall establish a program to utilize those programs that are
capable of implementing port security antiterrorism measures
at ports in foreign countries that the Secretary finds, under
section 70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the
United States Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of port
security antiterrorism measures at the ports located in the
Caribbean Basin, as such ports pose unique security and
safety threats to the United States due to--
``(A) the strategic location of such ports between South
America and United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of narcotics to
the United States that are moved through such ports.
``(d) International Cargo Security Standards.--The
Secretary of State, in consultation with the Secretary acting
through the Commissioner of Customs and Border Protection,
shall enter into negotiations with foreign governments and
international organizations, including the International
Maritime Organization, the World Customs Organization, the
International Labor Organization, and the International
Standards Organization, as appropriate--
``(1) to promote standards for the security of containers
and other cargo moving within the international supply chain;
``(2) to encourage compliance with minimum technical
requirements for the capabilities of nonintrusive inspection
equipment, including imaging and radiation detection devices,
established under section --06 of the Maritime Security
Improvement Act of 2006;
``(3) to implement the requirements of the container
security initiative under section 70121; and
``(4) to implement standards and procedures established
under section 70116.''.
(b) Report on Security at Ports in the Caribbean Basin.--
Not later than 180 days after the date of enactment of this
Act, the Comptroller General shall submit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report on the security of ports in the
Caribbean Basin. The report--
(1) shall include--
(A) an assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve
such security;
(B) an estimate of the number of ports in the Caribbean
Basin that will not be secured by January 1, 2007, and an
estimate of the financial impact in the United States of any
action taken pursuant to section 70110 of title 46, United
States Code, that affects trade between such ports and the
United States; and
(C) an assessment of the additional resources and program
changes that are necessary to maximize security at ports in
the Caribbean Basin; and
(2) may be submitted in both classified and redacted
formats.
(c) Conforming Amendment.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by striking
the item relating to section 70901 and inserting the
following:
``70901. International cooperation and coordination''.
SEC. --05. IMPROVED DATA FOR TARGETED CARGO SEARCHES.
(a) In General.--In order to provide the best possible data
for the automated targeting system developed and operated by
United States Customs and Border Protection under section
70116(b)(1) of title 46, United States Code, that identifies
high-risk cargo for inspection before it is loaded in a
foreign port for shipment to the United States, the Secretary
of Homeland Security, acting through the Commissioner of
Customs and Border Protection, shall require importers
shipping goods to the United States via cargo container to
supply entry data not later than 24 hours before loading a
container under the advance notification requirements under
section 484(a)(2) of the Tariff Act of 1930 (19 U.S.C.
1484(a)(2)).
(b) Deadline.--The requirement imposed under subsection (a)
shall apply to goods entered after July 1, 2006.
(c) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary of Homeland Security to carry out the automated
targeting system program to identify high-risk oceanborne
container cargo for inspection--
(A) $30,700,000 for fiscal year 2007;
(B) $33,200,000 for fiscal year 2008; and
(C) $35,700,000 for fiscal year 2009.
(2) The amounts authorized by this subsection shall be in
addition to any other amounts authorized to be appropriated
to carry out that program.
SEC. --06. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE
INSPECTION EQUIPMENT.
Within 2 years after the date of enactment of this Act, the
Commissioner of Customs and Border Protection, in
consultation with the National Institute of Science and
Technology, shall initiate a rulemaking to establish minimum
technical requirements for the capabilities of nonintrusive
inspection equipment, including imaging and radiation
detection devices, that help ensure that all equipment used
can detect risks and threats as determined appropriate by the
Secretary, while considering the need not to endorse specific
companies or to create sovereignty conflicts with
participating countries.
SEC. --07. RANDOM INSPECTION OF CONTAINERS.
Within 1 year after the date of enactment of this Act, the
Commissioner of Customs and Border Protection shall develop
and implement a plan, utilizing best practices for empirical
scientific research design and random sampling standards for
random physical inspection of shipping containers in addition
to any targeted or pre-shipment inspection of such containers
required by law or regulation or conducted under any other
program conducted by the Commissioner. Nothing in this
section shall be construed to mean that implementation of the
random sampling plan would preclude the additional physical
inspection of shipping containers not inspected pursuant to
the plan.
SEC. --08. CARGO SECURITY.
(a) In General.--Chapter 701 of title 46, United States
Code, is amended--
(1) by redesignating the second section 70118 (relating to
withholding of clearance), as added by section 802(a)(2) of
the Coast Guard and Maritime Transportation Act of 2004, as
section 70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the
[[Page S3834]]
Coast Guard and Maritime Transportation Act of 2004, as
section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as
section 70122; and
(4) by inserting after section 70120, as redesignated by
paragraph (2), the following:
``Sec. 70121. Container security initiative
``(a) In General.--Pursuant to the standards established
under subsection (b)(1) of section 70116--
``(1) the Secretary, through the Commissioner of Customs
and Border Protection, shall issue regulations to--
``(A) evaluate and screen cargo documents prior to loading
in a foreign port for shipment to the United States, either
directly or via a foreign port; and
``(B) inspect high-risk cargo in a foreign port intended
for shipment to the United States by physical examination or
nonintrusive examination by technological means; and
``(2) the Commissioner of Customs and Border Protection
shall execute inspection and screening protocols with
authorities in foreign ports to ensure that the standards and
procedures promulgated under paragraph (1) are implemented in
an effective manner.
``(b) Extension of Container Security Initiative to Other
Ports.--The Secretary, through the Commissioner of Customs
and Border Protection, may designate foreign seaports under
this section if, with respect to any such seaport, the
Secretary determines that--
``(1) the seaport--
``(A) presents a significant level of risk;
``(B) is a significant port or origin or transshipment, in
terms of volume or value, for cargo being imported to the
United States; and
``(C) is potentially capable of validating a secure system
of transportation pursuant to section 70116; and
``(2) the Department of State and representatives of the
country with jurisdiction over the port have completed
negotiations to ensure compliance with the requirements of
the container security initiative.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $142,000,000 for fiscal year 2007;
``(2) $144,000,000 for fiscal year 2008; and
``(3) $146,000,000 for fiscal year 2009.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items
following the item relating to section 70116 and inserting
the following:
``70117. In rem liability for civil penalties and certain costs
``70118. Firearms, arrests, and seizure of property
``70119. Withholding of clearance
``70120. Enforcement by State and local officers
``70121. Container security initiative
``70122. Civil penalty''.
(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70122''.
(3) Section 70119(a) of such title, as redesignated by
subsection (a)(1) of this section, is amended--
(A) by striking ``under section 70119,'' and inserting
``under section 70122,''; and
(B) by striking ``under section 70120,'' and inserting
``under that section,''.
(4) Section 111 of the Maritime Transportation Security Act
of 2002 is repealed.
SEC. --09. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL
TRANSPORTATION.
Section 70116 of title 46, United States Code, is amended--
(1) by striking ``transportation.'' in subsection (a) and
inserting ``transportation--
``(1) to ensure the security and integrity of shipments of
goods to the United States from the point at which such goods
are initially packed or loaded into a cargo container for
international shipment until they reach their ultimate
destination; and
``(2) to facilitate the movement of such goods through the
entire supply chain through an expedited security and
clearance program.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Program Elements.--In establishing and conducting the
program under subsection (a) the Secretary, acting through
the Commissioner of Customs and Border Protection, shall--
``(1) establish standards and procedures for verifying, at
the point at which goods are placed in a cargo container for
shipping, that the container is free of unauthorized
hazardous chemical, biological, or nuclear material and for
securely sealing such containers after the contents are so
verified;
``(2) establish standards and procedures for screening and
evaluating cargo prior to loading in a foreign port for
shipment to the United States either directly or via a
foreign port;
``(3) establish standards and procedures for securing cargo
and monitoring that security while in transit;
``(4) develop performance standards to enhance the physical
security of shipping containers, including performance
standards for seals and locks;
``(5) establish standards and procedures for allowing the
United States Government to ensure and validate compliance
with this program; and
``(6) incorporate any other measures the Secretary
considers necessary to ensure the security and integrity of
international intermodal transport movements.
``(c) Benefits from Participation.--The Commissioner of
Customs and Border Protection may provide expedited clearance
of cargo to an entity that--
``(1) meets or exceeds the standards established under
subsection (b); and
``(2) certifies the security of its supply chain not less
often than once every 2 years to the Secretary.''.
SEC. --10. PORT SECURITY USER FEE STUDY.
The Secretary of Homeland Security shall conduct a study of
the need for, and feasibility of, establishing a system of
oceanborne and port-related intermodal transportation user
fees that could be imposed and collected as a dedicated
revenue source, on a temporary or continuing basis, to
provide necessary funding for the improvement and maintenance
of enhanced port security. Within 1 year after date of
enactment of this Act, the Secretary shall submit a report to
the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security that--
(1) contains the Secretary's findings, conclusions, and
recommendations (including legislative recommendations if
appropriate); and
(2) includes an assessment of the annual amount of customs
fees and duties collected through oceanborne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improve and maintain security.
SEC. --11. DEADLINE FOR TRANSPORTATION SECURITY CARDS.
The Secretary shall issue a final rule under section 70105
of title 46, United States Code, no later than January 1,
2007.
SEC. --12. PORT SECURITY GRANTS.
(a) Basis for Grants.--Section 70107(a) of title 46, United
States Code, is amended by striking ``for making a fair and
equitable allocation of funds'' and inserting ``based on risk
and vulnerability''.
(b) Eligible Costs.--Section 70107(b) of title 46, United
States Code, is amended by striking paragraph (1) and
redesignating paragraphs (2) through (4) as paragraphs (1)
through (3), respectively.
(c) Letters of Intent.--Section 70107(e) of title 46,
United States Code, is amended by adding at the end the
following:
``(5) Letters of intent.--The Secretary may execute letters
of intent to commit funding to port sponsors from the
Fund.''.
SEC. --13. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM
SECURITY VALIDATION PROGRAM.
(a) In General.--Chapter 701 of title 46, United States
Code, as amended by section --08 of this title, is further
amended--
(1) by redesignating section 70122 (as redesignated by
section --08(a)(3) of this title) as section 70123; and
(2) by inserting after section 70121 the following:
``Sec. 70122. Customs-Trade Partnership Against Terrorism
validation program.
``(a) Validation; Records Management.--The Secretary of
Homeland Security, through the Commissioner of Customs and
Border Protection, shall issue regulations--
``(1) to strengthen the validation process to verify that
security programs of members of the Customs-Trade Partnership
Against Terrorism have been implemented and that the program
benefits should continue by providing appropriate guidance to
specialists conducting such validations, including
establishing what level of review is adequate to determine
whether member security practices are reliable, accurate, and
effective; and
``(2) to implement a records management system that
documents key decisions and significant operational events
accurately and in a timely manner, including a reliable
system for--
``(A) documenting and maintaining records of all decisions
in the application through validation processes, including
documentation of the objectives, scope, methodologies, and
limitations of validations; and
``(B) tracking member status.
``(b) Human Capital Plan.--Within 6 months after the date
of enactment of the Maritime Security Improvement Act of
2006, the Secretary shall complete a human capital plan, that
clearly describes how the Customs-Trade Partnership Against
Terrorism program will recruit, train, and retain sufficient
staff to conduct the work of the program successfully,
including reviewing security profiles, vetting, and
conducting validations to mitigate program risk.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security to
carry out section 70122 of title 49, United States Code, not
to exceed--
(1) $60,000,000 for fiscal year 2007;
(2) $65,000,000 for fiscal year 2008; and
(3) $72,000,000 for fiscal year 2009.
(c) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, as amended by section --08(b) of this
title, is further amended by striking the item relating to
section 70122 and inserting the following:
``70122. Customs-Trade Partnership Against Terrorism validation program
``70123. Civil penalty''.
[[Page S3835]]
(2) Section 70117(a) and 70119(a) of title 46, United
States Code, as amended by section --08(b)(2) and (3),
respectively, of this Act, are each amended by striking
``section 70122,'' and inserting ``section 70123,''.
SEC. --14. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.
Section 70101(6) is amended by inserting after ``area.''
the following: ``In this paragraph, the term `economic
disruption' does not include a work stoppage or other
nonviolent employee-related action resulting from an
employee-employer dispute.''.
SEC. --15. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION
SECURITY CARD.
Section 70105(c)(3) of title 46, United States Code, is
amended by inserting ``or a waiver under paragraph (2)''
after ``card''.
SEC. --16. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.
Within 120 days after the date of enactment of this Act,
the Secretary of Homeland Security, acting through the
Commissioner of Customs and Border Protection, in
coordination with the Secretary of State, and their Canadian
counterparts, shall develop a plan for the inspection of
passengers and vehicles before such passengers board, or such
vehicles are loaded onto, a ferry bound for a United States
port.
______
SA 3801. Mr. LEAHY (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill H.R. 4939, making
emergency supplemental appropriations for the fiscal year ending
September 30, 2006, and for other purposes; which was ordered to lie on
the table; as follows:
On page 118, line 7, strike ``$136,290,000'' and insert in
lieu thereof ``$171,290,000''.
On page 88, line 6, strike ``$1,452,600,000'' and insert in
lieu thereof the ``$1,417,600,000''.
______
SA 3802. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 117, line 25, strike ``$10,500,000'' and insert in
lieu thereof ``$20,500,000''.
On page 88, line 6, strike ``$1,452,600,000'' and insert in
lieu thereof the ``$1,442,600,000''.
On page 117, line 26, after ``That'' insert the following:
of the funds appropriated under this heading, $10,000,000
shall be made available for assistance for Guatemala for
recovery and reconstruction activities related to Hurricane
Stan: Provided further, That
______
SA 3803. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. . For purposes of oversight by and determining the
termination date of the Office of the Special Inspector
General for Iraq Reconstruction under section 3001(o) of the
Emergency Supplemental Appropriations Act for Defense and for
the Reconstruction of Iraq and Afghanistan, 2004 (Public Law
108-106; 5 U.S.C. App. 8G note), as amended by section 1203
of the Ronald W. Reagan National Defense Authorization Act,
2005 (Public Law 108-375); 118 Stat. 2081), and section 599
of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2006 (Public Law 109-102; 119
Stat. 2240), the following funds shall be deemed amounts
appropriated or otherwise made available for the Iraq Relief
and Reconstruction Fund:
(1) Funds appropriated or otherwise made available by this
Act for assistance for Iraq under the headings ``OPERATING
EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT'', ``ECONOMIC SUPPORT FUND'', ``INTERNATIONAL
NARCOTICS CONTROL AND LAW ENFORCEMENT,'' and ``INTERNATIONAL
AFFAIRS TECHNICAL ASSISTANCE''.
______
SA 3804. Mr. COCHRAN submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 157, beginning on line 22, strike ``any
shipbuilding contract'' and insert ``any existing
shipbuilding contract of the Navy''.
______
SA 3805. Mr. BENNETT submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place insert the following:
SIGN REPAIR OR REPLACEMENT
Sec. __. Notwithstanding part 750 of title 23, Code of
Federal Regulations (or a successor regulation), if permitted
by State law, a nonconforming sign that is damaged,
destroyed, abandoned, or discontinued as a result of an act
of God (as defined by State law) may be repaired, replaced,
or reconstructed if the replacement sign has the same
dimensions as the original sign.
______
SA 3806. Mr. BROWNBACK submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
On page 90, between lines 10 and 11, insert the following:
OFFICE OF THE PRESIDENTIAL SPECIAL ENVOY FOR SUDAN
Sec. 1202. Of the amount appropriated by this chapter for
the Department of State for the administration of foreign
affairs under the heading ``diplomatic and consular
programs'', such sums as may be necessary shall be made
available for the establishment and adequate support,
including staffing, of the Office of the Presidential Special
Envoy for Sudan. The mandate of the Office shall include
coordinating efforts to implement the Comprehensive Peace
Agreement for Sudan and making recommendations for restoring
and maintaining stability and lasting peace for all of Sudan,
including Darfur, and throughout the region, including Chad
and northern Uganda.
______
SA 3807. Mr. CHAMBLISS (for himself, Mr. Isakson, and Mr. Inouye)
submitted an amendment intended to be proposed by him to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
CONFORMING CHANGES RELATED TO MILITARY CONSTRUCTION AUTHORIZATIONS
Sec. 7032. Section 2403(b) of the Military Construction
Authorization Act for Fiscal Year 2006 (division B of Public
Law 109-163) is amended in paragraph (2) by striking
``$12,500,000'' and inserting ``$291,888,000'', and in
paragraph (3) by striking ``$256,034,000'' and inserting
``$301,524,000''.
______
SA 3808. Mr. COLEMAN submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SENSE OF THE SENATE ON SECURING THE UNITED STATES BORDERS
Sec. __. (a) The Senate makes the following findings:
(1) The net growth of 500,000 unauthorized aliens entering
the United States each year, and the potential for terrorists
to take advantage of the porous borders of the United States,
represent a clear and present danger to the national security
of the Unites States.
(2) The inability to secure the international borders of
the Unites States has given rise to an immigration crisis
that has profound social, legal, and political ramifications.
(3) While assessing the identity and location of the
approximately 11,000,000 unauthorized aliens currently in the
United States, the Federal Government must simultaneously act
to secure the borders and prevent further illegal entry.
(b) It is the sense of the Senate that--
(1) the President of the United States should demonstrate
the highest level of commitment to securing the land and sea
borders of the Unites States by using all the resources at
the disposal of the President, including--
(A) declaring a state of emergency in States that share an
international border with Mexico or Canada until such time as
the President determines that--
(i) the additional resources and manpower provided by this
Act are deployed; and
(ii) there is a significant reduction in the number of
illegal aliens entering the United States;
(B) immediately deploying the Armed Forces, including the
National Guard to such international borders;
(C) requiring each Cabinet Secretary to detail the
resources and capabilities that their respective Federal
agencies have available for use in securing the land and sea
borders of the United States; and
(D) facilitating the development of a program to enable all
willing citizens of the United States to contribute to
securing the land and sea borders of the United States; and
(2) the President of Mexico should be encouraged to use all
authority within the power of the President of Mexico to
secure the international border between the United States and
Mexico from illegal crossings.
______
SA 3809. Mr. OBAMA submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for
[[Page S3836]]
the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
REQUIRED DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDS
Sec. 7032. (a) Beginning not later than 30 days after the
date of the enactment of this Act, the Director of the Office
of Management and Budget shall maintain and publish a list of
the 25 largest (by dollar value) contracts, subcontracts, and
task and delivery orders related to Hurricane Katrina
recovery and reconstruction efforts that are awarded each
month using funds appropriated or otherwise made available by
this Act.
(b) The list published under subsection (a) shall include,
with respect to each listed contract, subcontract, or task
and delivery order--
(1) the name of the contractor or subcontractor;
(2) the amount of the contract, subcontract, or task and
delivery order;
(3) the purpose of the contract, subcontract, or task and
delivery order; and
(4) the duration of the contract, subcontract, or task and
delivery order.
(c) The list required under subsection (a) shall--
(1) be published in newspapers of general circulation in
the areas affected by Hurricane Katrina;
(2) be made available to the public on an accessible
Federal Government Internet website; and
(3) include an electronic mail address and toll-free
telephone number through which local residents may contact a
contracting agency to report fraud, waste, or abuse under a
contract.
______
SA 3810. Mr. OBAMA (for himself, Mr. Coburn, and Mr. Kennedy)
submitted an amendment intended to be proposed by him to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
ACCOUNTABILITY IN HURRICANE RECOVERY CONTRACTING
Sec. 7032. None of the funds appropriated by this Act that
are made available for relief and recovery efforts related to
Hurricane Katrina and the other hurricanes of the 2005 season
may be used by an executive agency to enter into any Federal
contract exceeding $500,000 through the use of procedures
other than competitive procedures as required by the Federal
Acquisition Regulation and, as applicable, section 303(a) of
the Federal Property and Administrative Services Act of 1949
(41 U.S.C. 253(a)) or section 2304(a) of title 10, United
States Code.
______
SA 3811. Mr. OBAMA (for himself, Mr. Coburn, and Mr. Kennedy)
submitted an amendment intended to be proposed by him to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
LIMITS ON ADMINISTRATIVE COSTS UNDER FEDERAL CONTRACTS
Sec. 7032. None of the funds appropriated by this Act may
be used by an executive agency to enter into any Federal
contract, grant, cooperative agreement, or task and delivery
order for which the administrative overhead and contract
management expenses exceed reasonable industry standards.
______
SA 3812. Mr. BOND submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 198, line 24, after the colon, insert the
following: ``Provided further, That the limitation contained
in section 8(o)(13)(B) of the United States Housing Act of
1937 shall not apply to the funds made available under the
previous proviso:''.
______
SA 3813. Mr. OBAMA (for himself, Mr. Bingaman, and Mr. Salazar)
submitted an amendment intended to be proposed by him to the bill H.R.
4939, making emergency supplemental appropriations for the fiscal year
ending September 30, 2006, and for other purposes; which was ordered to
lie on the table; as follows:
On page 168, between lines 8 and 9, insert the following:
EVACUATION OF INDIVIDUALS WITH SPECIAL NEEDS
Sec. 2504. The Secretary of Homeland Security, shall take
appropriate actions to ensure that each State and each of the
75 largest urban areas, in the homeland security strategy or
other homeland security plan for such State or urban area,
provides detailed and comprehensive information regarding the
predisaster and postdisaster plans of such State or urban
area for the evacuation of individuals with special needs
(including low-income individuals and families, disabled
individuals, the homeless, individuals who do not speak
English, and the elderly) in an emergency that would warrant
their evacuation (including plans for the provision of food,
water, and shelter for evacuees).
______
SA 3814. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Sec. __. Not later than 10 days after the date of enactment
of this Act, the Secretary of Homeland Security, from amounts
provided to the Department of Homeland Security under the
heading ``Office of the Under Secretary for Management''
under title I of the Department of Homeland Security
Appropriations Act, 2006 (Public Law 109-90), shall make
available $1,000,000 for the Center for Asbestos Related
Disease in Libby, Montana.
______
SA 3815. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 245, line 22, insert ``: Provided, That $1,000,000
shall be available for the Center for Asbestos Related
Disease in Libby, Montana'' after ``$3,960,000''.
______
SA 3816. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 117, between lines 9 and 10, insert the following:
MENTAL HEALTH COUNSELING AND CARE FOR MEMBERS OF THE ARMED FORCES
Sec. 1312. (a) Additional Amount for Defense Health
Program.--The amount appropriated by this chapter under the
heading ``Defense Health Program'' is hereby increased by
$50,000,000, with the entire amount of the increase
designated as an emergency requirement pursuant to section
402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006.
(b) Availability of Amount.--Of the amount appropriated by
this chapter under the heading ``Defense Health Program'', as
increased by subsection (a), $50,000,000 shall be available
to expand resources available for mental health counseling
and care, including, in particular, suicide prevention
programs for members of the Armed Forces.
______
SA 3817. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
Strike section 7017 (relating to the Office of Job Corps).
______
SA 3818. Mr. WYDEN submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 253, between lines 19 and 20, insert the following:
RENEGOTIATION OF EXISTING OIL AND NATURAL GAS LEASES
Sec. 7032. (a) The Secretary of the Interior (referred to
in this section as the ``Secretary'') shall, to the maximum
extent practicable, attempt to renegotiate each lease
authorizing production of oil or natural gas on Federal land
(including submerged land) issued by the Secretary before the
date of enactment of this Act as the Secretary determines to
be necessary to modify the terms of the lease to ensure that
a suspension of a requirement to pay royalties under the
lease is terminated.
(b) Unless a lessee renegotiates a lease described in
subsection (a) and enters in an agreement with the Secretary
to modify the terms of a lease in accordance with that
subsection by the date that is 60 days after the date of
enactment of this Act, the lessee shall not be eligible--
(1) to enter into a new lease that authorizes production of
oil or natural gas on Federal land (including submerged
land); or
(2) to obtain by sale or other transfer any lease described
in subsection (a) that is issued before the end of the 60-day
period.
______
SA 3819. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 140, strike from line 8 ``$10,000,000'' through
line 15 ``years:'', and insert in its
[[Page S3837]]
place on page 140, line 8, after ``appropriated'' the
following: ``$30 million shall be provided for the fishery
finance program loans under title XI of the Merchant Marine
Act, 1936, (46 U.S.C. App. 1271 et seq,) to satisfy loan
obligations for loans used to make expenditures, guarantee or
finance to repair, replace or restore fisheries
infrastructure, vessels, facilities, or fish processing
facilities home-ported or located within the declared
fisheries disaster area.''
______
SA 3820. Mr. OBAMA (for himself, Mr. Levin, Mr. Bayh, Ms. Landrieu,
and Mr. Lieberman) submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 165, line 9, strike ``$10,000,000'' and all that
follows through line 14 and insert the following:
``$11,000,000, to remain available until expended: Provided,
That $1,000,000 shall be for the efforts of the Director of
the Federal Emergency Management Agency, in consultation with
the Secretary of Health and Human Services, ongoing on the
date of enactment of this Act to assist individuals displaced
by Hurricane Katrina of 2005, in locating members of their
family: Provided further, That not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Health and
Human Services and the Attorney General of the United States,
shall conduct an assessment regarding how to modify the
Louisiana family assistance call center model and the model
used by the National Center for Missing and Exploited
Children for use in major disasters (as that term is defined
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122)) occurring after
the date of enactment of this Act: Provided further, That not
later than 1 year after the date of the conclusion of the
assessment conducted under the preceding proviso, the
Secretary of Homeland Security, in consultation with the
Secretary of Health and Human Services and the Attorney
General of the United States, shall issue regulations to
implement the findings of such assessment, to the maximum
extent practicable: Provided further, That the amount
provided under this heading is designated as an emergency
requirement under section 402 of H. Con. Res. 95 (109th
Congress), the concurrent resolution in the budget for fiscal
year 2006.''.
______
SA 3821. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill H.R. 4939, making emergency supplemental
appropriations for the fiscal year ending September 30, 2006, and for
other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
VISA WAIVER PROGRAM EXPANSION
Sec. __. Section 217(c) of the Immigration and Nationality
Act (8 U.S.C. 1187(c)) is amended by adding at the end the
following:
``(8) Probationary admission.--
``(A) In general.--Notwithstanding any other provision of
this section, a country may be designated as a program
country, on a probationary basis, under this section if--
``(i) the country is a member of the European Union;
``(ii) the country is providing material support, including
more than a nominal number of military personnel, to the
United States or the multilateral forces in Afghanistan or
Iraq, as determined by the Secretary of Defense, in
consultation with the Secretary of State;
``(iii) the Secretary of Homeland Security, in consultation
with the Secretary of State, determines that participation of
the country in the visa waiver program under this section
does not compromise the law enforcement interests of the
United States.
``(B) Refusal rates; overstay rates.--The determination
under subparagraph (A)(iii) shall not take into account any
refusal rates or overstay rates prior to the expiration of
the first full year of the country's admission into the
European Union.
``(C) Full compliance.--Not later than 2 years after the
date of a country's designation under subparagraph (A), the
country--
``(i) shall be in full compliance with all applicable
requirements for program country status under this section;
or
``(ii) shall have its program country designation
terminated.
``(D) Extensions.--The Secretary of State may extend, for a
period not to exceed 2 years, the probationary designation
granted under subparagraph (A) if the country--
``(i) is making significant progress towards coming into
full compliance with all applicable requirements for program
country status under this section;
``(ii) is likely to achieve full compliance before the end
of such 2-year period; and
``(iii) continues to be an ally of the United States
against terrorist states, organizations, and individuals, as
determined by the Secretary of Defense, in consultation with
the Secretary of State.''.
______
SA 3822. Mr. INOUYE (for himself, Mr. Stevens, Mr. Shelby, Mr.
Sarbanes, Mr. Rockefeller, Mr. Reed, Mrs. Boxer, Mrs. Clinton, and Mr.
Allard) submitted an amendment intended to be proposed by him to the
bill H.R. 4939, making emergency supplemental appropriations for the
fiscal year ending September 30, 2006, and for other purposes; which
was ordered to lie on the table; as follows:
TITLE --IMPROVED PUBLIC TRANSPORTATION SECURITY
SEC. --101. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Public
Transportation Terrorism Prevention Act of 2006''.
(b) Table of Contents.--The table of contents for this
title is as follows:
Sec. --101. Short title; table of contents.
Sec. --102. Findings and purpose.
Sec. --103. Security assessments.
Sec. --104. Security assistance grants.
Sec. --105. Intelligence sharing.
Sec. --106. Research, development, and demonstration grants.
Sec. --107. Reporting requirements.
Sec. --108. Authorization of appropriations.
Sec. --109. Sunset provision.
SEC. --102. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) public transportation systems throughout the world have
been a primary target of terrorist attacks, causing countless
death and injuries;
(2) 5,800 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential for the Nation's economy and for significant
national and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements
to the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect
our Nation's aviation system and its 1,800,000 daily
passengers;
(7) the Federal Government has allocated $250,000,000 in
fiscal years 2003 through 2005 to protect public
transportation systems in the United States;
(8) the Federal Government has invested $7.38 in aviation
security improvements per passenger, but only $0.007 in
public transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and many
transportation experts have reported an urgent need for
significant investment in public transportation security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. --103. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
enactment of this Act, the Federal Transit Administration of
the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2006, the Secretary of
Homeland Security shall review and augment the security
assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall
use the security assessments received under paragraph (1) as
the basis for allocating grant funds under section --104,
unless the Secretary notifies the Committee on Banking,
Housing, and Urban Affairs of the Senate that the Secretary
has determined that an adjustment is necessary to respond to
an urgent threat or other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2006, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1), shall
establish security improvement priorities that will be used
by public transportation agencies for any funding provided
under section --104.
(5) Updates.--Not later than July 31, 2007, and annually
thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in this
subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest risk of
a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary
of Homeland Security shall use the information collected
under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public transportation
systems; and
(B) maximizes the efforts of public transportation systems
to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later
than July 31, 2006, the Secretary of Homeland Security shall
conduct security assessments, appropriate to the size and
nature of each system, to determine the specific needs of--
[[Page S3838]]
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. --104. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the
priorities established under section --103(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive
detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator type
system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section --103(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation employees,
including bus and rail operators, mechanics, customer
service, maintenance employees, transit police, and security
personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or explosives
detection;
(E) overtime reimbursement for enhanced security personnel
during significant national and international public events,
consistent with the priorities established under section --
103(a)(4); and
(F) other appropriate security improvements identified
under section --103(a)(4), excluding routine, ongoing
personnel costs.
(c) Congressional Notification.--Not later than 3 days
before the award of any grant under this section, the
Secretary of Homeland Security shall notify the Committee on
Banking, Housing, and Urban Affairs of the Senate of the
intent to award such grant.
(d) Public Transportation Agency Responsibilities.--Each
public transportation agency that receives a grant under this
section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified for that grant under
this section, the grantee shall return any amount so used to
the Treasury of the United States.
SEC. --105. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland
Security shall ensure that the Department of Transportation
receives appropriate and timely notification of all credible
terrorist threats against public transportation assets in the
United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis
Center for Public Transportation (referred to in this
subsection as the ``ISAC'') established pursuant to
Presidential Directive 63, to protect critical
infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation agencies that
the Secretary determines to be at significant risk of
terrorist attack to participate in the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public transportation
agency for participating in the ISAC.
SEC. --106. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
(a) Grants Authorized.--The Secretary of Homeland Security,
in consultation with the Federal Transit Administration,
shall award grants to public or private entities to conduct
research into, and demonstrate, technologies and methods to
reduce and deter terrorist threats or mitigate damages
resulting from terrorist attacks against public
transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may
be used to
(1) research chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) research imaging technologies;
(3) conduct product evaluations and testing; and
(4) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a
grant under this section shall report annually to the
Department of Homeland Security on the use of grant funds
received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of
Homeland Security determines that a grantee used any portion
of the grant funds received under this section for a purpose
other than the allowable uses specified under subsection (b),
the grantee shall return any amount so used to the Treasury
of the United States.
SEC. --107. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
of each year, the Secretary of Homeland Security shall submit
a report, containing the information described in paragraph
(2), to--
(A) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the provisions
of sections -- 103 through 106;
(B) the amount of funds appropriated to carry out the
provisions of each of sections -- 103 through 106 that have
not been expended or obligated; and
(C) the state of public transportation security in the
United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 of each year, the
Secretary of Homeland Security shall submit a report to the
Governor of each State with a public transportation agency
that has received a grant under this title.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each such
public transportation agency; and
(B) the use of such grant funds.
SEC. --108. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are
authorized to be appropriated $2,370,000,000 for fiscal year
2007 to carry out the provisions of section --104(a), which
shall remain available until expended.
(b) Operational Security Assistance Program.--There are
authorized to be appropriated to carry out the provisions of
section --104(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated
such sums as may be necessary to carry out the provisions of
section --105.
(d) Research.--There are authorized to be appropriated
$130,000,000 for fiscal year 2007 to carry out the provisions
of section --106, which shall remain available until
expended.
SEC. --109. SUNSET PROVISION.
The authority to make grants under this title shall expire
on October 1, 2009.
TITLE --IMPROVED RAIL SECURITY
SEC. --201. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Rail
Security Act of 2006''.
(b) Table of Contents.--The table of contents for this
title is as follows:
Sec. --201. Short title; table of contents.
Sec. --202. Rail transportation security risk assessment.
Sec. --203. Systemwide AMTRAK security upgrades.
Sec. --204. Fire and life-safety improvements.
Sec. --205. Freight and passenger rail security upgrades.
Sec. --206. Rail security research and development.
Sec. --207. Oversight and grant procedures.
Sec. --208. AMTRAK plan to assist families of passengers involved in
rail passenger accidents.
Sec. --209. Northern border rail passenger report.
Sec. --210. Rail worker security training program.
Sec. --211. Whistleblower protection program.
Sec. --212. High hazard material security threat mitigation plans.
Sec. --213. Memorandum of agreement.
Sec. --214. Rail security enhancements.
Sec. --215. Public awareness.
Sec. --216. Railroad high hazard material tracking.
Sec. --217. Authorization of appropriations.
SEC. --202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, including the
Transportation Security Administration, the Department of
Transportation, and other appropriate agencies, to complete a
vulnerability and risk assessment of freight and
[[Page S3839]]
passenger rail transportation (encompassing railroads, as
that term is defined in section 20102(1) of title 49, United
States Code). The assessment shall include--
(A) a methodology for conducting the risk assessment,
including timelines, that addresses how the Department of
Homeland Security will work with the entities describe in
subsection (b) and make use of existing Federal expertise
within the Department of Homeland Security, the Department of
Transportation, and other appropriate agencies;
(B) identification and evaluation of critical assets and
infrastructures;
(C) identification of vulnerabilities and risks to those
assets and infrastructures;
(D) identification of vulnerabilities and risks that are
specific to the transportation of hazardous materials via
railroad;
(E) identification of security weaknesses in passenger and
cargo security, transportation infrastructure, protection
systems, procedural policies, communications systems,
employee training, emergency response planning, and any other
area identified by the assessment; and
(F) an account of actions taken or planned by both public
and private entities to address identified rail security
issues and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail bridges,
rail switching and car storage areas, other rail
infrastructure and facilities, information systems, and other
areas identified by the Secretary as posing significant rail-
related risks to public safety and the movement of interstate
commerce, taking into account the impact that any proposed
security measure might have on the provision of rail service;
(B) deploying equipment to detect explosives and hazardous
chemical, biological, and radioactive substances, and any
appropriate countermeasures;
(C) training appropriate railroad or railroad shipper
employees in terrorism prevention, passenger evacuation, and
response activities;
(D) conducting public outreach campaigns on passenger
railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs of
measures that may be required to address those risks.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the freight and
intercity passenger railroads, and State and local
governments, for the Federal government to provide increased
security support at high or severe threat levels of alert;
(B) a plan for coordinating existing and planned rail
security initiatives undertaken by the public and private
sectors; and
(C) a contingency plan, developed in conjunction with
freight and intercity and commuter passenger railroads, to
ensure the continued movement of freight and passengers in
the event of an attack affecting the railroad system, which
shall contemplate--
(i) the possibility of rerouting traffic due to the loss of
critical infrastructure, such as a bridge, tunnel, yard, or
station; and
(ii) methods of continuing railroad service in the
Northeast Corridor in the event of a commercial power loss,
or catastrophe affecting a critical bridge, tunnel, yard, or
station.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment and developing the recommendations and
plans required by subsection (a), the Secretary of Homeland
Security shall consult with rail management, rail labor,
owners or lessors of rail cars used to transport hazardous
materials, first responders, shippers of hazardous materials,
public safety officials, and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report containing the assessment,
prioritized recommendations, and plans required by subsection
(a) and an estimate of the cost to implement such
recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with
the Secretary of Transportation, shall update the assessment
and recommendations each year and transmit a report, which
may be submitted in both classified and redacted formats, to
the Committees named in subsection (c)(1), containing the
updated assessment and recommendations.
(e) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out
this section $5,000,000 for fiscal year 2007.
SEC. --203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c) the Secretary of
Homeland Security, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), is authorized to make grants to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall
disburse funds to Amtrak provided under subsection (a) for
projects contained in a systemwide security plan approved by
the Secretary of Homeland Security. The plan shall include
appropriate measures to address security awareness, emergency
response, and passenger evacuation training.
(c) Equitable Geographic Allocation.--The Secretary shall
ensure that, subject to meeting the highest security needs on
Amtrak's entire system and consistent with the risk
assessment required under section --202, stations and
facilities located outside of the Northeast Corridor receive
an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code,
there shall be made available to the Secretary of Homeland
Security and the Assistant Secretary of Homeland Security
(Transportation Security Administration) to carry out this
section--
(1) $63,500,000 for fiscal year 2007;
(2) $30,000,000 for fiscal year 2008; and
(3) $30,000,000 for fiscal year 2009.
Amounts appropriated pursuant to this subsection shall remain
available until expended.
SEC. --204. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, is
authorized to make grants to Amtrak for the purpose of making
fire and life-safety improvements to Amtrak tunnels on the
Northeast Corridor in New York, NY, Baltimore, MD, and
Washington, DC.
(b) Authorization of Appropriations.--Out of funds
appropriated pursuant to section --217(b) of this title,
there shall be made available to the Secretary of
Transportation for the purposes of carrying out subsection
(a) the following amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $190,000,000 for fiscal year 2007;
(B) $190,000,000 for fiscal year 2008; and
(C) $190,000,000 for fiscal year 2009.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $19,000,000 for fiscal year 2007;
(B) $19,000,000 for fiscal year 2008; and
(C) $19,000,000 for fiscal year 2009.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $13,333,000 for fiscal year 2007;
(B) $13,333,000 for fiscal year 2008; and
(C) $13,333,000 for fiscal year 2009.
(c) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section --217(b) of this title, there shall be
made available to the Secretary of Transportation for fiscal
year 2007 $3,000,000 for the preliminary design of options
for a new tunnel on a different alignment to augment the
capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made
available pursuant to this section shall remain available
until expended.
(e) Plans Required.--The Secretary of Transportation may
not make amounts available to Amtrak for obligation or
expenditure under subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1)
and (2) of subsection (e) and approve or disapprove the plans
within 45 days after the date on which each such plan is
submitted by Amtrak. If the Secretary determines that a plan
is incomplete or deficient, the Secretary shall notify Amtrak
of the incomplete items or deficiencies and Amtrak shall,
within 30 days after receiving the Secretary's notification,
submit a modified plan for the Secretary's review. Within 15
days after receiving additional information on items
previously included in the plan, and within 45
[[Page S3840]]
days after receiving items newly included in a modified plan,
the Secretary shall either approve the modified plan, or, if
the Secretary finds the plan is still incomplete or
deficient, the Secretary shall identify in writing to the
Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security the portions of the plan the Secretary
finds incomplete or deficient, approve all other portions of
the plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions
of the plan.
(g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely
completion of all portions of the tunnel projects described
in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. --205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of Homeland
Security (Transportation Security Administration) and other
appropriate agencies, is authorized to make grants to freight
railroads, the Alaska Railroad, hazardous materials shippers,
owners of rail cars used in the transportation of hazardous
materials, universities, colleges and research centers, State
and local governments (for rail passenger facilities and
infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities
to prevent or respond to acts of terrorism, sabotage, or
other intercity passenger rail and freight rail security
vulnerabilities and risks identified under section --202,
including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their
resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section --202, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made
under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section --202, and shall encourage non-
Federal financial participation in awarding grants. With
respect to grants for intercity passenger rail security, the
Secretary shall also take into account passenger volume and
whether a station is used by commuter rail passengers as well
as intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak
meets the conditions set forth in section --203(b) of this
title.
(e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section --202 the
Secretary of Homeland Security determines that critical rail
transportation security needs require reimbursement in
greater amounts to any eligible entity, no grants under this
section may be made--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United
States Code, there shall be made available to the Secretary
of Homeland Security to carry out this section--
(1) $100,000,000 for fiscal year 2007;
(2) $100,000,000 for fiscal year 2008; and
(3) $100,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall
remain available until expended.
(g) High Hazard Materials Defined.--In this section, the
term ``high hazard materials'' means quantities of poison
inhalation hazard materials, Class 2.3 gases, Class 6.1
materials, and anhydrous ammonia that the Secretary, in
consultation with the Secretary of Transportation, determines
pose a security risk.
SEC. --206. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary
for Science and Technology and the Assistant Secretary of
Homeland Security (Transportation Security Administration),
in consultation with the Secretary of Transportation shall
carry out a research and development program for the purpose
of improving freight and intercity passenger rail security
that may include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical,
biological, and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car or other
rail car used to transport hazardous materials and transmit
information about the integrity of cars to the train crew or
dispatcher;
(B) research to improve tank car integrity, with a focus on
tank cars that carry high hazard materials (as defined in
section --205(g) of this title; and
(C) techniques to transfer hazardous materials from rail
cars that are damaged or otherwise represent an unreasonable
risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section --202.
(b) Coordination With Other Research Initiatives.--The
Secretary of Homeland Security shall ensure that the research
and development program authorized by this section is
coordinated with other research and development initiatives
at the Department of Homeland Security and the Department of
Transportation. The Secretary shall carry out any research
and development project authorized by this section through a
reimbursable agreement with the Secretary of Transportation,
if the Secretary of Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research
and development program, the Secretary may award grants to
the entities described in section --205(a) and shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(d) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United
States Code, there shall be made available to the Secretary
of Homeland Security to carry out this section--
(1) $35,000,000 for fiscal year 2007;
(2) $35,000,000 for fiscal year 2008; and
(3) $35,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall
remain available until expended.
SEC. --207. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Homeland
Security may use up to 0.5 percent of amounts made available
for capital projects under the Rail Security Act of 2006 to
enter into contracts for the review of proposed capital
projects and related program management plans and to oversee
construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available
under subsection (a) of this subsection to make contracts to
audit and review the safety, procurement, management, and
financial compliance of a recipient of amounts under this
title.
(c) Procedures for Grant Award.--The Secretary shall,
within 90 days after the date of enactment of this Act,
prescribe procedures and schedules for the awarding of grants
under this title, including application and qualification
procedures (including a requirement that the applicant have a
security plan), and a record of decision on applicant
eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary
and shall be consistent, to the extent practicable, with the
grant procedures established under section 70107 of title 46,
United States Code.
SEC. --208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:
[[Page S3841]]
``Sec. 24316. Plans to address needs of families of
passengers involved in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Rail Security Act of 2006,
Amtrak shall submit to the Chairman of the National
Transportation Safety Board, the Secretary of Transportation,
and the Secretary of Homeland Security a plan for addressing
the needs of the families of passengers involved in any rail
passenger accident involving an Amtrak intercity train and
resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within Amtrak's control;
that any possession of the passenger within Amtrak's control
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a
passenger within Amtrak's control will be retained by the
rail passenger carrier for at least 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may
not release any personal information on a list obtained under
subsection (b)(1) but may provide information on the list
about a passenger to the family of the passenger to the
extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court
arising out of the performance of Amtrak in preparing or
providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted
by Amtrak under subsection (b), unless such liability was
caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
Amtrak may take, or the obligations that Amtrak may have, in
providing assistance to the families of passengers involved
in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to
section --217(b) of the Rail Security Act of 2006, there
shall be made available to the Secretary of Transportation
for the use of Amtrak $500,000 for fiscal year 2007 to carry
out this section. Amounts made available pursuant to this
subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 of title 49, United States Code, is amended by adding at
the end the following:
``24316. Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. --209. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration), the Secretary of Transportation,
heads of other appropriate Federal departments, and agencies
and the National Railroad Passenger Corporation, shall
transmit a report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security that
contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January
18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. --210. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Secretary of Transportation, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and
issue detailed guidance for a rail worker security training
program to prepare front-line workers for potential threat
conditions. The guidance shall take into consideration any
current security training requirements or best practices.
(b) Program Elements.--The guidance developed under
subsection (a) shall include elements, as appropriate to
passenger and freight rail service, that address the
following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days
after the Secretary of Homeland Security issues guidance
under subsection (a) in final form, each railroad carrier
shall develop a rail worker security training program in
accordance with that guidance and submit it to the Secretary
for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall
review the program and transmit comments to the railroad
carrier concerning any revisions the Secretary considers
necessary for the program to meet the guidance requirements.
A railroad carrier shall respond to the Secretary's comments
within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary
reviews the training program developed by a railroad carrier
under this section, the railroad carrier shall complete the
training of all front-line workers in accordance with that
program. The Secretary shall review implementation of the
training program of a representative sample of railroad
carriers and report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security on the
number of reviews conducted and the results. The Secretary
may submit the report in both classified and redacted formats
as necessary.
(e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide
additional training to their front-line workers within a
reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers,
train operators, other onboard employees, maintenance and
maintenance support personnel, bridge tenders, as well as
other appropriate employees of railroad carriers, as defined
by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security
shall issue guidance and best practices for a rail shipper
employee security program containing the elements listed
under subsection (b) as appropriate.
SEC. --211. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section
20117 the following:
[[Page S3842]]
``Sec. 20118. Whistleblower protection for rail security
matters
``(a) Discrimination Against Employee.--No rail carrier
engaged in interstate or foreign commerce may discharge a
railroad employee or otherwise discriminate against a
railroad employee because the employee (or any person acting
pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to a reasonably
perceived threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be
expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed. If the
violation is a form of discrimination that does not involve
discharge, suspension, or another action affecting pay, and
no other remedy is available under this subsection, the
Board, division, delegate, or other board of adjustment may
award the employee reasonable damages, including punitive
damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B) of this title, including the burdens of proof,
applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and
another provision of law for the same allegedly unlawful act
of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20117 the following:
``20118. Whistleblower protection for rail security matters.''.
SEC. --212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration) and the
Secretary of Transportation, shall require rail carriers
transporting a high hazard material, as defined in section --
205(g) of this title and of a quantity equal or exceeding the
quantities of such material listed in subpart 172.800, title
49, Federal Code of Regulations, to develop a high hazard
material security threat mitigation plan containing
appropriate measures, including alternative routing and
temporary shipment suspension options, to address assessed
risks to high consequence targets. The plan, and any
information submitted to the Secretary under this section
shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49,
United States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier
for the shipment of high hazardous materials by rail on the
rail carrier's right-of-way when the threat levels of the
Homeland Security Advisory System are high or severe and
specific intelligence of probable or imminent threat exists
towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high hazard
materials to the Secretary of Homeland Security within 60
days after the date of enactment of this Act;
(B) develop and submit a high hazard material security
threat mitigation plan to the Secretary within 180 days after
it receives the notice of high consequence targets on such
routes by the Secretary; and
(C) submit any subsequent revisions to the plan to the
Secretary within 30 days after making the revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad
carrier shall respond to the Secretary's comments within 30
days after receiving them. Each rail carrier shall update and
resubmit its plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means a building,
buildings, infrastructure, public space, or natural resource
designated by the Secretary of Homeland Security that is
viable terrorist target of national significance, the attack
of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and defense
capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.
SEC. --213. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Similar to the public
transportation security annex between the two departments
signed on September 8, 2005, within 1 year after the date of
enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall execute and develop
an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, governing the
specific roles, delineations of responsibilities, resources
and commitments of the Department of Transportation and the
Department of Homeland Security, respectively, in addressing
railroad transportation security matters, including the
processes the departments will follow to promote
communications, efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' the
first place it appears, and inserting ``safety, including
security,''.
SEC. --214. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security and the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
review existing rail regulations of the Department of
Transportation for the purpose of identifying areas in which
those regulations need to be revised to improve rail
security.
SEC. --215. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Secretary of Transportation, shall develop a national
plan for public outreach and awareness. Such plan shall be
designed to increase awareness of measures that the general
public, railroad passengers, and railroad employees can take
to increase railroad system security. Such plan shall also
provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing
research and development efforts, and available Federal
funding sources to improve railroad security. Not later than
9 months after the date of enactment of this Act, the
Secretary of Homeland Security shall implement the plan
developed under this section.
SEC. --216. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section --206 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
develop a program that will encourage the equipping of rail
cars transporting high hazard materials (as defined in
section --205(g) of this title) in quantities equal to or
greater than the quantities specified in subpart 171.800 of
title 49, Code of Federal Regulations, with wireless
terrestrial or satellite communications technology that
provides--
(A) car position location and tracking capabilities;
(B) notification of rail car depressurization, breach, or
unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for rail car tracking at the Department of Transportation;
and
(B) ensure that the program is consistent with
recommendations and findings of the Department of Homeland
Security's hazardous material tank rail car tracking pilot
programs.
(b) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United
[[Page S3843]]
States Code, there shall be made available to the Secretary
of Homeland Security to carry out this section $3,000,000 for
each of fiscal years 2007, 2008, and 2009.
SEC. --217. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--
Section 114 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(u) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security, (Transportation Security Administration) for
rail security--
``(1) $206,500,000 for fiscal year 2007;
``(2) $168,000,000 for fiscal year 2008; and
``(3) $168,000,000 for fiscal year 2009.''.
(b) Department of Transportation.--There are authorized to
be appropriated to the Secretary of Transportation to carry
out this title and sections 20118 and 24316 of title 49,
United States Code, as added by this title--
(1) $225,000,000 for fiscal year 2007;
(2) $223,000,000 for fiscal year 2008; and
(3) $223,000,000 for fiscal year 2009.
TITLE --IMPROVED MARITIME SECURITY
SEC. --301. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This title may be cited as the ``Maritime
and Transportation Security Act of 2006.''
(b) Table of Contents.--The table of contents for this
title is as follows:
Title --Improved Maritime Security
Sec. --301. Short title; table of contents.
Sec. --302. Establishment of additional interagency operational centers
for port security.
Sec. --303. Area maritime transportation security plan to include
salvage response plan.
Sec. --304. Assistance for foreign ports.
Sec. --305. Specific port security initiatives.
Sec. --306. Technical requirements for non-intrusive inspection
equipment.
Sec. --307. Random inspection of containers.
Sec. --308. Port security user fee study.
Sec. --309. Port security grants.
Sec. --310. Work stoppages and employee-employer disputes.
Sec. --311. Inspection of car ferries entering from Canada.
SEC. --302. ESTABLISHMENT OF ADDITIONAL INTERAGENCY
OPERATIONAL CENTERS FOR PORT SECURITY.
(a) In General.--In order to improve interagency
cooperation, unity of command, and the sharing of
intelligence information in a common mission to provide
greater protection for port and intermodal transportation
systems against acts of terrorism, the Secretary of Homeland
Security, acting through the Commandant of the Coast Guard,
shall establish interagency operational centers for port
security at all high priority ports.
(b) Characteristics.--The interagency operational centers
shall--
(1) be based on the most appropriate compositional and
operational characteristics of the pilot project interagency
operational centers for port security in Miami, Florida,
Norfolk/Hampton Roads, Virginia, Charleston, South Carolina,
and San Diego, California, and the virtual operation center
at the port of New York/New Jersey;
(2) be adapted to meet the security needs, requirements,
and resources of the individual port area at which each is
operating;
(3) provide for participation by--
(A) representatives of the United States Customs and Border
Protection, Immigration and Customs Enforcement, the
Transportation Security Administration, the Department of
Defense, and other Federal agencies, as determined to be
appropriate by the Secretary of Homeland Security;
(B) representatives of State and local law enforcement or
port security agencies and personnel; and
(C) members of the area maritime security committee, as
deemed appropriate by the captain of the port;
(4) be incorporated in the implementation of--
(A) maritime transportation security plans developed under
section 70103 of title 46, United States Code;
(B) maritime intelligence activities under section 70113 of
that title;
(C) short and long range vessel tracking under sections
70114 and 70115 of that title;
(D) secure transportation systems under section 70119 of
that title;
(E) the United States Customs and Border Protection's
screening and high-risk cargo inspection programs; and
(F) the transportation security incident response plans
required by section 70104 of that title.
(c) 2005 Act Report Requirement.--Nothing in this section
relieves the Commandant of the Coast Guard from compliance
with the requirements of section 807 of the Coast Guard and
Maritime Transportation Act of 2004. The Commandant shall
utilize the information developed in making the report
required by that section in carrying out the requirements of
this section.
(d) Budget and Cost-Sharing Analysis.--Within 180 days
after the date of enactment of this Act, the Secretary shall
transmit to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security a proposed
budget analysis for implementing subsection (a), including
cost-sharing arrangements with other Federal departments and
agencies involved in the interagency operation of the
centers.
(e) Security Clearance Assistance.--The Secretary of the
department in which the Coast Guard is operating may assist
non-Federal personnel described in subsection (b)(3)(B) or
(C) in obtaining expedited appropriate security clearances
and in and maintaining their security clearances.
(f) Security Incidents.--During a transportation security
incident (as defined in section 70101(6) of title 46, United
States Code) involving a port, the Coast Guard Captain of the
Port designated by the Commandant of the Coast Guard in each
joint operations center for maritime security shall act as
the incident commander, unless otherwise directed under the
National Maritime Transportation Security Plan established
under section 70103 of title 46, United States Code.
SEC. --303. AREA MARITIME TRANSPORTATION SECURITY PLAN TO
INCLUDE SALVAGE RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is
amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) include a salvage response plan--
``(i) to identify salvage equipment capable of restoring
operational trade capacity; and
``(ii) to ensure that the flow of cargo through United
States ports is re-established as efficiently and quickly as
possible after a transportation security incident.''.
SEC. --304. ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States
Code, is amended--
(1) by striking the section heading and inserting the
following:
``Sec. 70109. International cooperation and coordination'';
and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, the
Secretary of Energy, and the Commandant of the United States
Coast Guard, shall identify foreign assistance programs that
could facilitate implementation of port security
antiterrorism measures in foreign countries. The Secretary
shall establish a program to utilize those programs that are
capable of implementing port security antiterrorism measures
at ports in foreign countries that the Secretary finds, under
section 70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the
United States Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of port
security antiterrorism measures at the ports located in the
Caribbean Basin, as such ports pose unique security and
safety threats to the United States due to--
``(A) the strategic location of such ports between South
America and United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of narcotics to
the United States that are moved through such ports.
``(d) International Cargo Security Standards.--The
Secretary, in consultation with the Secretary of State, shall
enter into negotiations with foreign governments and
international organizations, including the International
Maritime Organization, the World Customs Organization, and
the International Standards Organization, as appropriate--
``(1) to promote standards for the security of containers
and other cargo moving within the international supply chain;
``(2) to encourage compliance with minimum technical
requirements for the capabilities of nonintrusive inspection
equipment, including imaging and radiation detection devices,
established under section ------ of the Maritime and
Transportation Security Act of 2006 Act;
``(3) to implement the requirements of the container
security initiative under section 70117; and
``(4) to implement standards and procedures established
under section 70119.''.
(b) Report on Security at Ports in the Caribbean Basin.--
Not later than 180 days after the date of enactment of this
Act, the Comptroller General shall submit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report on the security of ports in the
Caribbean Basin. The report--
(1) shall include--
(A) an assessment of the effectiveness of the measures
employed to improve security at ports in the Caribbean Basin
and recommendations for any additional measures to improve
such security;
(B) an estimate of the number of ports in the Caribbean
Basin that will not be secured by January 1, 2007, and an
estimate of the financial impact in the United States of any
action taken pursuant to section 70110 of title 46, United
States Code, that affects trade between such ports and the
United States; and
[[Page S3844]]
(C) an assessment of the additional resources and program
changes that are necessary to maximize security at ports in
the Caribbean Basin; and
(2) may be submitted in both classified and redacted
formats.
(c) Conforming Amendment.--The chapter analysis for chapter
701 of title 46, United States Code, is amended by striking
the item relating to section 70901 and inserting the
following:
``70901. International cooperation and coordination''.
SEC. --305. SPECIFIC PORT SECURITY INITIATIVES.
(a) In General.--Chapter 701 of title 46, United States
Code, is amended--
(1) by redesignating the second section 70118 (relating to
withholding of clearance), as added by section 802(a)(2) of
the Coast Guard and Maritime Transportation Act of 2004, as
section 70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the Coast Guard and Maritime Transportation Act of
2004, as section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as
section 70122;
(4) by striking section 70116;
(5) by redesignating sections 70117 through 70122 (as
redesignated) as sections 70120 through 70126; and
(5) by inserting after section 70115 the following:
``Sec. 70116. Automated targeting system
``(a) In General.--The Secretary shall develop and maintain
an antiterrorism cargo identification and screening system
for containerized cargo shipped to the United States either
directly or via a foreign port to assess imports and target
those imports which pose a high risk of containing
contraband.
``(b) 24-hour Advance Notification.--In order to provide
the best possible data for the automated targeting system,
the Secretary shall require importers shipping goods to the
United States via cargo container to supply advanced trade
data not later than 24 hours before loading a container under
the advance notification requirements under section 484(a)(2)
of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). The
requirement shall apply to goods entered after July 1, 2007.
``(c) Secure Transmission; Confidentiality.--All
information required by the Secretary from supply chain
partners under this section shall--
``(1) be transmitted in a secure fashion, as determined by
the Secretary, so as to protect the information from
unauthorized access; and
``(2) shall not be subject to public disclosure under
section 552 of title 5.
``(d) Authorization of Appropriations.--
``(1) There are authorized to be appropriated to the
Secretary of Homeland Security to carry out the automated
targeting system program to identify high-risk oceanborne
container cargo for inspection--
``(A) $30,700,000 for fiscal year 2007;
``(B) $33,200,000 for fiscal year 2008; and
``(C) $35,700,000 for fiscal year 2009.
``(2) The amounts authorized by this subsection shall be in
addition to any other amounts authorized to be appropriated
to carry out that program.
``Sec. 70117. Container security initiative
``(a) In General.--The Secretary shall issue regulations
to--
``(1) evaluate and screen cargo documents prior to loading
in a foreign port for shipment to the United States, either
directly or via a foreign port; and
``(2) inspect high-risk cargo in a foreign port intended
for shipment to the United States by physical examination or
nonintrusive examination by technological means.
``(b) Implementation.--The Commissioner of Customs and
Border Protection shall execute inspection and screening
protocols with authorities in foreign ports to ensure that
the standards and procedures promulgated under subsection (a)
are implemented in an effective manner.
``(c) Application of Container Security Initiative to Other
Ports.--
``(1) In general.--The Secretary, through the Commissioner
of Customs and Border Protection, may designate foreign
seaports under this section if, with respect to any such
seaport, the Secretary determines that--
``(A) the seaport--
``(i) presents a significant level of risk;
``(ii) is a significant port or origin or transshipment, in
terms of volume or value, for cargo being imported to the
United States; and
``(iii) is potentially capable of validating a secure
system of transportation pursuant to section 70119; and
``(B) the Department of State and representatives of the
country with jurisdiction over the port have completed
negotiations to ensure compliance with the requirements of
the container security initiative.
``(2) Coordination with international cargo security
standards.--In carrying out paragraph (a), the Secretary
shall--
``(A) consult with the Secretary of State concerning
progress under section 70109(d); and
``(B) coordinate activities under paragraph (1) with
activities conducted under that section.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section--
``(1) $142,000,000 for fiscal year 2007;
``(2) $144,000,000 for fiscal year 2008; and
``(3) $146,000,000 for fiscal year 2009.
``Sec. 70118. Customs-Trade Partnership Against Terrorism
validation program
``(a) In General.--The Secretary shall establish a
voluntary program to strengthen and improve the overall
security of the international supply chain and United States
border security.
``(b) Validation; Records Management.--The Secretary shall
issue regulations--
``(1) to strengthen the validation process to verify that
security programs of members of the Customs-Trade Partnership
Against Terrorism have been implemented and that the program
benefits should continue by providing appropriate guidance to
specialists conducting such validations, including
establishing what level of review is adequate to determine
whether member security practices are reliable, accurate, and
effective; and
``(2) to implement a records management system that
documents key decisions and significant operational events
accurately and in a timely manner, including a reliable
system for--
``(A) documenting and maintaining records of all decisions
in the application through validation processes, including
documentation of the objectives, scope, methodologies, and
limitations of validations; and
``(B) tracking member status.
``(b) Human Capital Plan.--Within 6 months after the date
of enactment of the Transportation Security Improvement Act
of 2005, the Secretary shall complete a human capital plan,
that clearly describes how the Customs-Trade Partnership
Against Terrorism program will recruit, train, and retain
sufficient staff to conduct the work of the program
successfully, including reviewing security profiles, vetting,
and conducting validations to mitigate program risk.
``(c) Revalidation.--The Secretary shall establish a
process for revalidating C-TPAT participants. Such
revalidation shall occur not less frequently than once during
every 3-year period following validation.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary to carry out
this section not to exceed--
``(1) $60,000,000 for fiscal year 2007;
``(2) $65,000,000 for fiscal year 2008; and
``(3) $72,000,000 for fiscal year 2009.
``Sec. 70119. Secure systems of transportation
``(a) In General.--The Secretary shall establish a program,
to be known as the `GreenLane program', to evaluate and
certify secure systems of international intermodal
transportation--
``(1) to ensure the security and integrity of shipments of
goods to the United States from the point at which such goods
are initially packed or loaded into a cargo container for
international shipment until they reach their ultimate
destination; and
``(2) to facilitate the movement of such goods through the
entire supply chain through an expedited security and
clearance program.
``(b) Program Elements.--In establishing and conducting the
program under subsection (a) the Secretary, acting through
the Commissioner of Customs and Border Protection, shall--
``(1) establish standards and procedures for verifying, at
the point at which goods are placed in a cargo container for
shipping, that the container is free of unauthorized
hazardous chemical, biological, or nuclear material and for
securely sealing such containers after the contents are so
verified;
``(2) ensure that cargo is loaded at a port designated
under section 70117 for shipment to the United States;
``(3) develop performance standards to enhance the physical
security of shipping containers, including performance
standards for container security devices;
``(4) establish standards and procedures for securing cargo
and monitoring that security while in transit;
``(5) ensure that cargo complies with additional security
criteria established by the Secretary beyond the minimum
requirements for C-TPAT participation under section 70118,
particularly in the area of access controls;
``(6) establish standards and procedures for allowing the
United States Government to ensure and validate compliance
with this program; and
``(7) incorporate any other measures the Secretary
considers necessary to ensure the security and integrity of
international intermodal transport movements.
``(c) Benefits from Participation.--
``(1) Eligibility.--The Commissioner of Customs and Border
Protection may by regulation provide for expedited clearance
of cargo for an entity that--
``(A) meets or exceeds the standards established under
subsection (b); and
``(B) certifies the security of its supply chain not less
often than once every 2 years to the Secretary.
``(2) Benefits.--The expedited clearance provided under
paragraph (1) to any eligible entity may include--
``(A) the expedited release of GreenLane cargo into
destination ports within the United States during all threat
levels designated by the Secretary or the Commandant of the
Coast Guard;
``(B) reduced or eliminated bonding requirements for
GreenLane cargo;
[[Page S3845]]
``(C) priority processing for searches;
``(D) further reduced scores in the automated targeting
system; and
``(E) streamlined billing of any customs duties or fees.
``(d) Consequences of Lack of Compliance.--
``(1) In general.--Any participant whose security measures
and supply chain security practices have been determined by
the Secretary to be out of compliance with any requirements
of the program shall be denied benefits under the program.
``(2) Right of appeal.--Any participant determined by the
Secretary under paragraph (1) not to be in compliance with
the requirements of the program may appeal that determination
to the Secretary.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items
following the item relating to section 70116 and inserting
the following:
``70116. Automated targeting system
``70117. Container security initiative
``70118. Customs-Trade Partnership Against Terrorism validation program
``70119. Secure systems of transportation
``70120. In rem liability for civil penalties and certain costs
``70121. Firearms, arrests, and seizure of property
``70122. Withholding of clearance
``70123. Enforcement by State and local officers
``70124. Container security initiative
``70125. Civil penalty''.
(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70125''.
(3) Section 70119(a) of such title, as redesignated by
subsection (a)(1) of this section, is amended--
(A) by striking ``under section 70119,'' and inserting
``under section 70125,''; and
(B) by striking ``under section 70120,'' and inserting
``under that section,''.
SEC. --306. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE
INSPECTION EQUIPMENT.
(a) In General.--Within 180 days after the date of
enactment of this Act, the Domestic Nuclear Detection Office,
in consultation with the National Institute of Science and
Technology and the U.S. Customs and Border Protection, shall
initiate a rulemaking--
(1) to establish minimum technical requirements for the
capabilities of non-intrusive inspection equipment for cargo,
including imaging and radiation devices; and
(2) to ensure that all equipment used can detect risks and
threats as determined appropriate by the Secretary.
(b) Endorsements; Sovereignty Conflicts.--In establishing
such requirements, the Domestic Nuclear Detection Office
shall be careful to avoid the endorsement of products
associated with specific companies and the creation of
sovereignty conflicts with participating countries.
(c) Radiation Safety.--Not later than 90 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall submit a plan to the Senate Committee on
Commerce, Science, and Transportation, Senate Committee on
Homeland Security and Governmental Affairs, the Senate
Committee on Appropriations, the House of Representatives
Committee on Homeland Security, and the House of
Representatives Committee on Appropriations that--
(1) details the health and safety impacts of nonintrusive
inspection technology; and
(2) describes the policy of the Bureau of Customs and
Border Protection for using nonintrusive inspection
equipment.
(d) Final Rule Deadline.--The Domestic Nuclear Detection
Office shall issue a final rule under subsection (a) within 1
year after the rulemaking proceeding is initiated.
SEC. --307. RANDOM INSPECTION OF CONTAINERS.
Within 1 year after the date of enactment of this Act, the
Commissioner of Customs and Border Protection shall develop
and implement a plan, utilizing best practices for empirical
scientific research design and random sampling standards for
random physical inspection of shipping containers in addition
to any targeted or pre-shipment inspection of such containers
required by law or regulation or conducted under any other
program conducted by the Commissioner. Nothing in this
section shall be construed to mean that implementation of the
random sampling plan would preclude the additional physical
inspection of shipping containers not inspected pursuant to
the plan.
SEC. --308. PORT SECURITY USER FEE STUDY.
The Secretary of Homeland Security shall conduct a study of
the need for, and feasibility of, establishing a system of
oceanborne and port-related intermodal transportation user
fees that could be imposed and collected as a dedicated
revenue source, on a temporary or continuing basis, to
provide necessary funding for the improvement and maintenance
of enhanced port security. Within 1 year after date of
enactment of this Act, the Secretary shall submit a report to
the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security that--
(1) contains the Secretary's findings, conclusions, and
recommendations (including legislative recommendations if
appropriate); and
(2) includes an assessment of the annual amount of customs
fees and duties collected through oceanborne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improve and maintain security.
SEC. --309. PORT SECURITY GRANTS.
(a) Basis for Grants.--Section 70107(a) of title 46, United
States Code, is amended by striking ``for making a fair and
equitable allocation of funds'' and inserting ``based on risk
and vulnerability''.
(b) Eligible Costs.--Section 70107(b) of title 46, United
States Code, is amended by striking paragraph (1) and
redesignating paragraphs (2) through (4) as paragraphs (1)
through (3), respectively.
(c) Letters of Intent.--Section 70107(e) of title 46,
United States Code, is amended by adding at the end the
following:
``(5) Letters of intent.--The Secretary may execute letters
of intent to commit funding to port sponsors from the
Fund.''.
(d) Operation Safe Commerce.--Section 70107(i) of title 46,
United States Code, is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(5) and (6); and
(2) by inserting after paragraph (3) the following:
``(4) Operation Safe Commerce.--
``(A) In general.--Not later than 1 year after the date of
enactment of the [To be supplied] Act, the Secretary shall
initiate grant projects that--
``(i) integrate nonintrusive inspection and radiation
detection equipment with automatic identification methods for
containers, vessels, and vehicles;
``(ii) test physical access control protocols and
technologies;
``(iii) create a data sharing network capable of
transmitting data required by entities participating in the
international supply chain from every intermodal transfer
point to the National Targeting Center of the Department; and
``(iv) otherwise further maritime and cargo security, as
determined by the Secretary.
``(B) Supply chain security for special container and
noncontainerized cargo.--The Secretary shall consider
demonstration projects that further the security of the
international supply chain for special container cargo,
including refrigerated containers, and noncontainerized
cargo, including roll-on/roll-off, break-bulk, liquid, and
dry bulk cargo.
``(C) Annual report.--Not later than March 1 of each year,
the Secretary shall submit a report detailing the results of
Operation Safe Commerce to--
``(i) the Senate Committee on Commerce, Science, and
Transportation;
``(ii) the Senate Committee on Homeland Security and
Governmental Affairs;
``(iii) the House of Representatives Committee on Homeland
Security;
``(iv) the Senate Committee on Appropriations; and
``(v) the House of Representatives Committee on
Appropriations.''.
(e) Research, Development, Test, and Evaluation.--The
Secretary of Homeland Security shall--
(1) direct research, development, test, and evaluation
efforts in furtherance of maritime and cargo security;
(2) encourage the ingenuity of the private sector in
developing and testing technologies and process innovations
in furtherance of these objectives; and
(3) evaluate such technologies.
(f) Coordination.--The Secretary of Homeland Security,
acting through the Undersecretary for Science and Technology,
in consultation with the Assistant Secretary for Policy, the
Director of Cargo Security Policy, and the Chief Financial
Officer, shall ensure that--
(1) research, development, test, and evaluation efforts
funded by the Department in furtherance of maritime and cargo
security are coordinated to avoid duplication of efforts; and
(2) the results of such efforts are shared throughout the
Department, as appropriate.
SEC. --310. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.
Section 70101(6) is amended by inserting after ``area.''
the following: ``In this paragraph, the term `economic
disruption' does not include a work stoppage or other
nonviolent employee-related action resulting from an
employee-employer dispute.''.
SEC. --311. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.
Within 120 days after the date of enactment of this Act,
the Secretary of Homeland Security, acting through the
Commissioner of Customs and Border Protection, in
coordination with the Secretary of State, and their Canadian
counterparts, shall develop a plan for the inspection of
passengers and vehicles before such passengers board, or such
vehicles are loaded onto, a ferry bound for a United States
port.
______
SA 3823. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill H.R. 4939, making emergency supplemental appropriations
for the fiscal year ending September 30, 2006, and for other purposes;
which was ordered to lie on the table; as follows:
On page 121, line 14 after ``That'' insert the following:
of the funds appropriated under this heading, not less than
$3,300,000 shall be made
[[Page S3846]]
available for assistance for the Peace and Justice Unit of
the Colombian Fiscalia notwithstanding section 599E of Public
Law 109-102: Provided further, That
______
SA 3824. Mr. VOINOVICH submitted an amendment intended to be proposed
to amendment SA 3613 submitted by Mr. Voinovich (for himself, Mr.
Obama, Mr. DeWine, Mr. Levin, Ms. Stabenow, Mr. Durbin, and Mr. Dayton)
and intended to be proposed to the bill H.R. 4939, making emergency
supplemental appropriations for the fiscal year ending September 30,
2006, and for other purposes; which was ordered to lie on the table; as
follows:
In lieu of the matter proposed to be inserted, insert the
following:
SEC. ____. CHICAGO SANITARY AND SHIP CANAL DEMONSTRATION
BARRIER, ILLINOIS.
(a) In General.--Of the unobligated balances available for
``Operation and Maintenance'' under the heading ``CORPS OF
ENGINEERS--CIVIL'' of title I of the Energy and Water
Development Appropriations Act, 2006 (Public Law 109-103; 119
Stat. 2250), $400,000 shall be made available for fiscal year
2006 for the maintenance of the Chicago Sanitary and Ship
Canal Demonstration Barrier, Illinois, which was constructed
under section 1202(i)(3) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4722(i)(3)).
(b) Authorization of Appropriations.--Section 1202(i)(3)(C)
of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is amended by striking
``, to carry out this paragraph, $750,000'' and inserting
``such sums as are necessary to carry out the dispersal
barrier demonstration project under this paragraph''.
____________________Legislative Activity
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Senate amendment agreed to: Amendment SA 3769 agreed to in Senate by Voice Vote.
May 2, 2006
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Senate amendment agreed to: Amendment SA 3769 agreed to in Senate by Voice Vote.
May 2, 2006
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Considered by Senate. (consideration: CR S3859)
May 2, 2006
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Amendment SA 3769 agreed to in Senate by Voice Vote.
May 2, 2006
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Senate amendment submitted
May 1, 2006
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Senate amendment proposed (on the floor): Amendment SA 3769 proposed by Senator Domenici.
May 1, 2006
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Amendment SA 3769 proposed by Senator Domenici. (consideration: CR S3772-3776; text: CR S3772-3773) To provide additional construction funding for levee improvements in the New Orleans metropolitan area, gulf coast restoration.
May 1, 2006