To require disclosures regarding homeland security grants.

SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT--Continued

Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate
resume consideration of H.R. 4954, the port security bill.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, I ask unanimous consent that all second-
degree amendments be filed at the desk by 10 a.m. tomorrow.
The PRESIDING OFFICER. Without objection, it is so ordered.

Amendments Nos. 4924, as Modified; 4928; 4932; 4933; 4939, as Modified;
4946, as Modified; 4950, as Modified; 4949; 4951; 4953; 4954, as
Modified; 4955; 4959, as Modified; 4964; 4976; 4985, as Modified; 4988,
as Modified; 5000; and 4947, as Modified

Mr. STEVENS. Mr. President, I send to the desk a package of
amendments. I would like to read them: amendment No. 4924, as modified,
for Senator Rockefeller; amendment No. 4928, for Senator Bingaman;
amendment No. 4932, for Senator Domenici; amendment No. 4933, for
Senator Domenici; amendment No. 4939, as modified, for Senator Kerry;
amendment No. 4946, as modified, for Senator Burns; amendment No. 4950,
as modified, for Senator Cantwell; amendment No. 4949, for Senator
Cantwell; amendment No. 4951, for Senator McCain; amendment No. 4953,
for Senator Vitter; amendment No. 4954, as modified, for Senator Snowe;
amendment No. 4955, for Senator Allard; amendment No. 4959, as
modified, for Senator Pryor; amendment No. 4964, for Senator Burns;
amendment No. 4976, for Senator Boxer; amendment No. 4985, as modified,
for Senator Baucus; amendment No. 4988, as modified, for Senator
Lautenberg; amendment No. 5000, for Senator Snowe; and amendment No.
4947, as modified, for Senator Burns.
I ask unanimous consent that these amendments be considered en bloc,
adopted en bloc, and I move to reconsider that action.
Mrs. MURRAY. I move to lay that motion on the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments were agreed to en bloc as follows:

AMENDMENT NO. 4924, As modified

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

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

``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

``(a) In General.--
``(1) Establishment.--The Secretary, acting through the
Under Secretary for Science and Technology, shall establish a
competitive research program within the Directorate.
``(2) Director.--The program shall be headed by a
Director, who shall be appointed by the Secretary. The
Director shall report to the Under Secretary.
``(3) Duties of Director.--In the administration of the
program, the Director shall--
``(A) establish a cofunding mechanism for States with
academic facilities that have not fully developed security-
related science and technology to support burgeoning research
efforts by the faculty or link them to established
investigators;
``(B) provide for conferences, workshops, outreach, and
technical assistance to researchers and institutions of
higher education in States on topics related to developing
science and technology expertise in areas of high interest
and relevance to the Department;
``(C) monitor the efforts of States to develop programs
that support the Department's mission;
``(D) implement a merit review program, consistent with
program objectives, to ensure the quality of research
conducted with Program funding; and
``(E) provide annual reports on the progress and
achievements of the Program to the Secretary.
``(b) Assistance Under the Program.--
``(1) Scope.--The Director shall provide assistance under
the program for research and development projects that are
related to, or qualify as, homeland security research (as
defined in section 307(a)(2)) under the program.
``(2) Form of assistance.--Assistance under the program
can take the form of grants, contracts, or cooperative
arrangements.
``(3) Applications.--Applicants shall submit proposals or
applications in such form, at such times, and containing such
information as the Director may require.
``(c) Implementation.--
``(1) Start-up phases.--For the first 3 fiscal years
beginning after the date of enactment of the Border
Infrastructure and Technology Integration Act of 2004,
assistance under the program shall be limited to institutions
of higher education located in States in which an institution
of higher education with a grant from, or a contract or
cooperative agreement with, the National Science Foundation
under section 113 of the National Science Foundation Act of
1988 (42 U.S.C. 1862) is located.
``(2) Subsequent fiscal years.--
``(A) In general.--Beginning with the 4th fiscal year
after the date of enactment of this Act, the Director shall
rank order the States (excluding any noncontiguous State (as
defined in section 2(14)) other than Alaska, Hawaii, the
Commonwealth of Puerto Rico, and the Virgin Islands) in
descending order in terms of the average amount of funds
received by institutions of higher education (as that term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)) in each State that received financial
assistance in the form of grants, contracts, or cooperative
arrangements under

[[Page S9568]]

this title during each of the preceding 3 fiscal years.
``(B) Allocation.--Beginning with the 4th fiscal year
after the date of enactment of this Act, assistance under the
program for any fiscal year is limited to institutions of
higher education located in States in the lowest third of
those ranked under subparagraph (A) for that fiscal year.
``(C) Determination of location.--For purposes of this
paragraph, an institution of higher education shall be
considered to be located in the State in which its home
campus is located, except that assistance provided under the
program to a division, institute, or other facility located
in another State for use in that State shall be considered to
have been provided to an institution of higher education
located in that other State.
``(D) Multiyear assistance.--For purposes of this
paragraph, assistance under the program that is provided on a
multi-year basis shall be counted as provided in each such
year in the amount so provided for that year.
``(d) Funding.--The Secretary shall ensure, subject to
the availability of appropriations, that up to 5 percent of
the amount appropriated for each fiscal year to the
Acceleration Fund for Research and Development of Homeland
Security Technologies established by section 307(c)(1) is
allocated to the program established by subsection (a).''.
``(e) Report.--The Secretary shall submit an annual
report to the appropriate congressional committees detailing
the funds expended for the Acceleration Fund for Research and
Development of Homeland Security technologies established by
section 307(c)(1).''.
(b) Conforming Amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by inserting after
the item relating to section 313 the following:
``Sec. 314. Competitive research program.''.

AMENDMENT NO. 4928

(Purpose: To provide a pilot program to extend the hours of commercial
operations at Santa Teresa, New Mexico)

At the appropriate place, insert the following:

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

(a) In General.--During fiscal year 2006, the
Commissioner shall extend the hours of commercial operations
at the port of entry located at Santa Teresa, New Mexico, to
a minimum of 16 hours a day.
``(B) Report.--The Commissioner shall submit a report to
the appropriate congressional committees not later than
September 30, 2006, with respect to the extension of hours of
commercial operations described in subsection (a). The report
shall include--
``(1) an analysis of the impact of the extended hours of
operation on the port facility, staff, and trade volume
handled at the port; and
``(2) recommendations regarding whether to extend such
hours of operation beyond fiscal year 2007.

AMENDMENT NO. 4932

(Purpose: To establish a Domestic Nuclear Detection Office with the
Department of Homeland Security, and for other purposes)

On page 87, add after line 18, the following:

TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE

SEC. 501. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION OFFICE.

(a) Establishment of Office.--The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended by adding at the end
the following:

``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

``SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.

``(a) Establishment.--There shall be established in the
Department of Homeland Security a Domestic Nuclear Detection
Office. The Secretary of Homeland Security may request that
the Secretaries of Defense, Energy, and State, the Attorney
General, the Nuclear Regulatory Commission, and the directors
of other Federal agencies, including elements of the
Intelligence Community, provide for the reimbursable detail
of personnel with relevant expertise to the Office.
``(b) Director.--The Office shall be headed by a Director
for Domestic Nuclear Detection, who shall be appointed by the
President.

``SEC. 1802. MISSION OF OFFICE.

``(a) Mission.--The Office shall be responsible for
coordinating Federal efforts to detect and protect against
the unauthorized importation, possession, storage,
transportation, development, or use of a nuclear explosive
device, fissile material, or radiological material in the
United States, and to protect against attack using such
devices or materials against the people, territory, or
interests of the United States and, to this end, shall--
``(1) serve as the primary entity in the United States
Government to further develop, acquire, and support the
deployment of an enhanced domestic system to detect and
report on attempts to import, possess, store, transport,
develop, or use an unauthorized nuclear explosive device,
fissile material, or radiological material in the United
States, and improve that system over time;
``(2) enhance and coordinate the nuclear detection efforts
of Federal, State, local, and tribal governments and the
private sector to ensure a managed, coordinated response;
``(3) establish, with the approval of the Secretary of
Homeland Security and in coordination with the Attorney
General and the Secretaries of Defense and Energy, additional
protocols and procedures for use within the United States to
ensure that the detection of unauthorized nuclear explosive
devices, fissile material, or radiological material is
promptly reported to the Attorney General, the Secretaries of
Defense, Homeland Security, and Energy, and other appropriate
officials or their respective designees for appropriate
action by law enforcement, military, emergency response, or
other authorities;
``(4) develop, with the approval of the Secretary of
Homeland Security and in coordination with the Attorney
General and the Secretaries of State, Defense, and Energy, an
enhanced global nuclear detection architecture with
implementation under which--
``(A) the Domestic Nuclear Detection Office will be
responsible for the implementation of the domestic portion of
the global architecture;
``(B) the Secretary of Defense will retain responsibility
for implementation of Department of Defense requirements
within and outside the United States; and
``(C) the Secretaries of State, Defense, and Energy will
maintain their respective responsibilities for policy
guidance and implementation of the portion of the global
architecture outside the United States, which will be
implemented consistent with applicable law and relevant
international arrangements;
``(5) conduct, support, coordinate, and encourage an
aggressive, expedited, evolutionary, and transformational
program of research and development efforts to prevent and
detect the illicit entry, transport, assembly, or potential
use within the United States of a nuclear explosive device or
fissile or radiological material;
``(6) support and enhance the effective sharing and use of
appropriate information generated by the intelligence
community, law enforcement agencies, counterterrorism
community, other government agencies, and foreign
governments, as well as provide appropriate information to
such entities;
``(7) further enhance and maintain continuous awareness by
analyzing information from all Domestic Nuclear Detection
Office mission-related detection systems; and
``(8) perform other duties as assigned by the Secretary.

``SEC. 1803. HIRING AUTHORITY.

``In hiring personnel for the Office, the Secretary of
Homeland Security shall have the hiring and management
authorities provided in section 1101 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999 (5
U.S.C. 3104 note; Public Law 105-261). The term of
appointments for employees under subsection (c)(1) of that
section may not exceed 5 years before granting any extension
under subsection (c)(2) of that section.

``SEC. 1804. TESTING AUTHORITY.

``(a) In General.--The Director shall coordinate with the
responsible Federal agency or other entity to facilitate the
use by the Office, by its contractors, or by other persons or
entities, of existing Government laboratories, centers,
ranges, or other testing facilities for the testing of
materials, equipment, models, computer software, and other
items as may be related to the missions identified in section
1802. Any such use of Government facilities shall be carried
out in accordance with all applicable laws, regulations, and
contractual provisions, including those governing security,
safety, and environmental protection, including, when
applicable, the provisions of section 309. The Office may
direct that private-sector entities utilizing Government
facilities in accordance with this section pay an appropriate
fee to the agency that owns or operates those facilities to
defray additional costs to the Government resulting from such
use.
``(b) Confidentiality of Test Results.--The results of
tests performed with services made available shall be
confidential and shall not be disclosed outside the Federal
Government without the consent of the persons for whom the
tests are performed.
``(c) Fees.--Fees for services made available under this
section shall not exceed the amount necessary to recoup the
direct and indirect costs involved, such as direct costs of
utilities, contractor support, and salaries of personnel that
are incurred by the United States to provide for the testing.
``(d) Use of Fees.--Fees received for services made
available under this section may be credited to the
appropriation from which funds were expended to provide such
services.

``SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND
FEDERAL AGENCIES.

``The authority of the Director under this title shall not
affect the authorities or responsibilities of any officer of
the Department of Homeland Security or of any officer of any
other Department or agency of the United States with respect
to the command, control, or direction of the functions,
personnel, funds, assets, and liabilities of any entity
within the Department of Homeland Security or any Federal
department or agency.''.
(b) Technical and Conforming Amendments.--
(1) Section 103(d) of the Homeland Security Act of 2002 (6
U.S.C. 113(d)) is amended by adding at the end the following:

[[Page S9569]]

``(5) A Director of the Domestic Nuclear Detection
Office.''.
(2) Section 302 of such Act (6 U.S.C. 182) is amended--
(A) in paragraph (2) by striking ``radiological, nuclear'';
and
(B) in paragraph (5)(A) by striking ``radiological,
nuclear''.
(3) Section 305 of such Act (6 U.S.C. 185) is amended by
inserting ``and the Director of the Domestic Nuclear
Detection Office'' after ``Technology''.
(4) Section 308 of such Act (6 U.S.C. 188) is amended in
each of subsections (a) and (b)(1) by inserting ``and the
Director of the Domestic Nuclear Detection Office'' after
``Technology'' each place it appears.
(5) The table of contents of such Act (6 U.S.C. 101) is
amended by adding at the end the following:

``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1801. Domestic Nuclear Detection Office.
``Sec. 1802. Mission of office.
``Sec. 1803. Hiring authority.
``Sec. 1804. Testing authority.
``Sec. 1805. Relationship to other department entities and Federal
agencies.''.

SEC. 502. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT
STRATEGY FOR NUCLEAR AND RADIOLOGICAL
DETECTION.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security,
the Secretary of the Department of Energy, the Secretary of
Defense, and the Director of National Intelligence shall
submit to Congress a research and development investment
strategy for nuclear and radiological detection.
(b) Contents.--The strategy under subsection (a) shall
include--
(1) a long-term technology roadmap for nuclear and
radiological detection applicable to the mission needs of the
Departments of Homeland Security, Energy, and Defense, and
the Office of the Director of National Intelligence;
(2) budget requirements necessary to meet the roadmap; and
(3) documentation of how the Departments of Homeland
Security, Energy, and Defense, and the Office of the Director
of National Intelligence will implement the intent of this
title.

AMENDMENT NO. 4933

(Purpose: To provide for coordination between the Department of
Homeland Security and the Department of Energy, and for other purposes)

On page 44, lines 14 and 15, strike ``under any program
administered by the Department''.
On page 44, lines 23 and 24, strike ``the Department's''
and insert ``both the Department's and the Department of
Energy's''.
On page 59, lines 12 and 13, strike ``The equipment may be
provided by the Megaports Initiative of the Department of
Energy.''.
On page 59, line 17, insert ``(1) In general.--'' before
``The''.
On page 59, between lines 22 and 23, insert the following:
(2) Coordination.--The Secretary shall coordinate with the
Secretary of Energy to--
(A) provide radiation detection equipment required to
support the pilot-integrated scanning system established
pursuant to subsection (a) through the Department of Energy's
Second Line of Defense and Megaports programs; or
(B) work with the private sector to obtain radiation
detection equipment that meets both the Department's and the
Department of Energy's technical specifications for such
equipment.

AMENDMENT NO. 4939, as modified

On page 8, between lines 18 and 19, insert the following:
(B) in subparagraph (E), by striking ``describe the'' and
inserting ``provide a strategy and timeline for conducting'';
On page 8, line 19, strike ``(B)'' and insert ``(C)''.
On page 8, line 21, strike ``(C)'' and insert ``(D)''.
On page 8, line 23, strike ``(D)'' and insert ``(E)''.
On page 20, line 12, strike ``may'' and insert ``shall''.
On page 22, between lines 16 and 17, insert the following:
(c) Training Partners.--In developing and delivering
training under the Program, the Secretary, in coordination
with the Maritime Administration of the Department of
Transportation, and consistent with section 109 of the
Maritime Transportation Security Act of 2002 (46 U.S.C. 70101
note), shall--
(1) work with government training facilities, academic
institutions, private organizations, employee organizations,
and other entities that provide specialized, state-of-the-art
training for governmental and non-governmental emergency
responder providers or commercial seaport personnel and
management; and
(2) utilize, as appropriate, government training
facilities, courses provided by community colleges, public
safety academies, State and private universities, and other
facilities.
On page 22, line 20, strike ``may'' and insert ``shall''.
(d) Definitions.--On page 7, line 4, strike ``labor
dispute,''.

AMENDMENT NO. 4946, AS MODIFIED

At the appropriate place, insert the following:

SEC. ___. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AIRPORTS.

(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Assistant Secretary for the
Transportation Security Administration shall submit to
Congress a security plan for Essential Air Service airports
in the United States.
(b) Elements of Plan.--The security plan required by
subsection (a) shall include the following:
(1) Recommendations for improved security measures at such
airports.
(2) Recommendations for proper passenger and cargo security
screening procedures at such airports.
(3) A timeline for implementation of recommended security
measures or procedures at such airports.
(4) Cost analysis for implementation of recommended
security measures or procedures at such airports.

AMENDMENT NO. 4950, AS MODIFIED

On page 27, between lines 20 and 21, insert the following:
(h) Intermodal Rail Radiation Detection Test Center.--
(1) Establishment.--In accordance with subsection (b), and
in order to comply with this section, the Secretary shall
establish Intermodal Rail Radiation Detection Test Centers
(referred to in this subsection as the ``Test Centers'').
(2) Projects.--The Secretary shall conduct multiple,
concurrent projects at the Test Centers to rapidly identify
and test concepts specific to the challenges posed by on-dock
rail.
(3) Location.--The Test Centers shall be located within
public port facilities which have a significant portion of
the containerized cargo directly laden from (or unladen to)
on-dock, intermodal rail, including at least one public port
facility at which more than 50 percent of the containerized
cargo is directly laden from (or unladen to) on-dock,
intermodal rail.

AMENDMENT NO. 4949

On page 29, line 6, insert ``ferry operators and'' after
``with''.

AMENDMENT NO. 4951

(Purpose: To require disclosures regarding homeland security grants)

At the appropriate place, insert the following:

SEC. __. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS.

(a) Definitions.--In this section:
(1) Homeland security grant.--The term ``homeland security
grant'' means any grant made or administered by the
Department, including--
(A) the State Homeland Security Grant Program;
(B) the Urban Area Security Initiative Grant Program;
(C) the Law Enforcement Terrorism Prevention Program;
(D) the Citizen Corps; and
(E) the Metropolitan Medical Response System.
(2) Local government.--The term ``local government'' has
the meaning given the term in section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101).
(b) Required Disclosures.--Each State or local government
that receives a homeland security grant shall, not later than
12 months after the later of the date of enactment of this
Act and the date of receipt of such grant, and every 12
months thereafter until all funds provided under such grant
are expended, report to the Secretary a list of all
expenditures made by such State or local government using
funds from such grant.

Amendment No. 4953

(Purpose: To provide for additional security relating to foreign
vessels working on the outer Continental Shelf)

On page 18, before line 16, insert the following:

SEC. 107. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE OUTER
CONTINENTAL SHELF.

(a) Notice of Arrival.--Not later than 180 days after the
date of the enactment of this Act, the Secretary is directed
to update and finalize its rulemaking on Notice of Arrival
for foreign vessels on the outer Continental Shelf.
(b) Content of Regulations.--The regulations promulgated
pursuant to paragraph (1) shall be consistent with
information required under the Notice of Arrival under
section 160.206 of title 33, Code of Federal Regulations, as
in effect on the date of the enactment of this Act.

amendment to 4954, as modified

On page 66, before line 9, insert the following:

SEC. 233. INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE.

(a) Finding.--Congress finds that the Coast Guard, with
existing resources, is able to inspect foreign countries no
more frequently than on a 4 to 5 year cycle.
(b) In General.--
(1) Resources to complete initial inspections and
validation.--The Commandant of the Coast Guard shall increase
the resources dedicated to the International Port Inspection
Program and complete inspection of all foreign countries that
trade with the United States, including the validation of
compliance of such countries with the International Ship and
Port Facility Security

[[Page S9570]]

Code, not later than December 31, 2008. If the Commandant of
the Coast Guard is unable to meet this objective, the
Commandant of the Coast Guard shall report to Congress on the
resources needed to meet the objective.
(2) Reinspection and validation.--The Commandant of the
Coast Guard shall maintain the personnel and resources
necessary to maintain a schedule of re-inspection of foreign
countries every 2 years under the International Port
Inspection Program.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Coast Guard such sums as are
necessary to carry out the provisions of this section,
subject to the availability of appropriations.

amendment no. 4955

(Purpose: To include the Transportation Technology Center in the
National Domestic Preparedness Consortium)

At the appropriate place, insert the following:

SEC. __. INCLUSION OF THE TRANSPORTATION TECHNOLOGY CENTER IN
THE NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

The National Domestic Preparedness Consortium shall include
the Transportation Technology Center in Pueblo, Colorado.

amendment no. 4959, as modified

At the appropriate place, insert the following:

SEC. __. TRUCKING SECURITY.

(a) Legal Status Verification for Licensed United States
Commercial Drivers.--Not later than 12 months after the date
of the enactment of this Act, the Secretary of
Transportation, in cooperation with the Secretary of Homeland
Security, shall issue regulations to implement the
recommendations contained in the memorandum of the Inspector
General of the Department of Transportation issued on June 4,
2004 (Control No. 2004-054).
(b) Commercial Driver's License Anti-Fraud Programs.--Not
later than 12 months after the date of the enactment of this
Act, the Secretary of the Transportation, in conjunction with
the Secretary of the Department of Homeland Security, shall
issue a regulation to implement the recommendations contained
in the Report on Federal Motor Carrier Safety Administration
Oversight of the Commercial Driver's License Program (MH-
2006-037).
(c) Verification of Commercial Motor Vehicle Traffic.--
(1) Guidelines.--Not later than 12 months after the date of
the enactment of this Act, the Secretary of Homeland Security
shall draft guidelines for Federal, State, and local law
enforcement officials, including motor carrier safety
enforcement personnel, to improve compliance with Federal
immigration and customs laws applicable to all commercial
motor vehicles and commercial motor vehicle operators engaged
in cross-border traffic.
(2) Verification.--Not later than 12 months after the date
of the enactment of this Act, the Administrator of the
Federal Motor Carrier Safety Administration shall modify the
final rule regarding the enforcement of operating authority
(Docket No. FMCSA-2002-13015) to establish a system or
process by which a carrier's operating authority can be
verified during a roadside inspection.

AMENDMENT NO. 4964

(Purpose: To extend the requirement for air carriers to honor tickets
for suspended air passenger service)

At the appropriate place, insert the following:

SEC. ------. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO
HONOR TICKETS FOR SUSPENDED AIR PASSENGER
SERVICE.

Section 145(c) of the Aviation and Transportation Security
Act (49 U.S.C. 40101 note) is amended by striking ``November
19, 2005.'' and inserting ``November 30, 2007.''.

AMENDMENT NO. 4976

(Purpose: To protect commercial aircraft from the threat of Man-
Portable Air Defense Systems)

At the appropriate place, insert the following:

SEC. __. MAN-PORTABLE AIR DEFENSE SYSTEMS.

(a) In General.--It is the sense of Congress that the
budget of the United States Government submitted by the
President for fiscal year 2008 under section 1105(a) of title
31, United States Code, should include an acquisition fund
for the procurement and installation of countermeasure
technology, proven through the successful completion of
operational test and evaluation, to protect commercial
aircraft from the threat of Man-Portable Air Defense systems
(MANPADS).
(b) Definition of MANPADS.--In this section, the term
``MANPADS'' means--
(1) a surface-to-air missile system designed to be man-
portable and carried and fired by a single individual; and
(2) any other surface-to-air missile system designed to be
operated and fired by more than one individual acting as a
crew and portable by several individuals.

AMENDMENT NO. 4985, as modified

At the appropriate place, insert the following:

SEC. __. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER AIR
WING.

In addition to any other amounts authorized to be
appropriated for Air and Marine Operations of United States
Customs and Border Protection, there are authorized to be
appropriated for fiscal year 2007 and 2008 for operating
expenses of the Northern Border Air Wing--$40,000,000 for the
branch in Great Falls, Montana.

AMENDMENT NO. 4988, AS MODIFIED

At the appropriate place insert the following:

TITLE      --IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL
SECURITY

SEC. --100. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the
``Transportation Security Improvement Act of 2006''.
(b) Table of Contents.--The table of contents for this
title is as follows:

Sec. --100. Short title; table of contents.
Sec. --101. Hazardous materials highway routing.
Sec. --102. Motor carrier high hazard material tracking.
Sec. --103. Hazardous materials security inspections and enforcement.
Sec. --104. Truck security assessment.
Sec. --105. National public sector response system.
Sec. --106. Over-the-road bus security assistance.
Sec. --107. Pipeline security and incident recovery plan.
Sec. --108. Pipeline security inspections and enforcement.

SEC. --101. HAZARDOUS MATERIALS HIGHWAY ROUTING.

(a) Route Plan Guidance.--Within one year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall--
(1) document existing and proposed routes for the
transportation of radioactive and non-radioactive hazardous
materials by motor carrier, and develop a framework for using
a Geographic Information System-based approach to
characterize routes in the National Hazardous Materials Route
Registry;
(2) assess and characterize existing and proposed routes
for the transportation of radioactive and non-radioactive
hazardous materials by motor carrier for the purpose of
identifying measurable criteria for selecting routes based on
safety and security concerns;
(3) analyze current route-related hazardous materials
regulations in the United States, Canada, and Mexico to
identify cross-border differences and conflicting
regulations;
(4) document the concerns of the public, motor carriers,
and State, local, territorial, and tribal governments about
the highway routing of hazardous materials for the purpose of
identifying and mitigating security vulnerabilities
associated with hazardous material routes;
(5) prepare guidance materials for State officials to
assist them in identifying and reducing both safety concerns
and security vulnerabilities when designating highway routes
for hazardous materials consistent with the 13 safety-based
non-radioactive materials routing criteria and radioactive
materials routing criteria in Subpart C part 397 of title 49,
Code of Federal Regulations;
(6) develop a tool that will enable State officials to
examine potential routes for the highway transportation of
hazardous material and assess specific security
vulnerabilities associated with each route and explore
alternative mitigation measures; and
(7) transmit to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives
Committee on Transportation and Infrastructure a report on
the actions taken to fulfill paragraphs (1) through (6) of
this subsection and any recommended changes to the routing
requirements for the highway transportation of hazardous
materials in part 397 of title 49, Code of Federal
Regulations.
(b) Route Plans.--
(1) Assessment.--Within one year after the date of
enactment of this Act, the Secretary of Transportation shall
complete an assessment of the safety and national security
benefits achieved under existing requirements for route
plans, in written or electronic format, for explosives and
radioactive materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of Transportation
recordable incidents and the severity of such incidents for
shipments of explosives and radioactive materials for which
such route plans are required with the percentage of
recordable incidents and the severity of such incidents for
shipments of explosives and radioactive materials not subject
to such route plans; and
(B) quantify the security and safety benefits, feasibility,
and costs of requiring each motor carrier that is required to
have a hazardous material safety permit under part 385 of
title 49, Code of Federal Regulations, to maintain, follow,
and carry such a route plan that meets the requirements of
section 397.101 of that title when transporting the type and
quantity of hazardous materials described in section 385.403
of that title, taking into account the various segments of
the trucking industry, including tank truck, truckload and
less than truckload carriers.
(2) Report.--Within one year after the date of enactment of
this Act, the Secretary of Transportation shall submit a
report to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing the findings and
conclusions of the assessment.

[[Page S9571]]

(c) Requirement.--The Secretary shall require motor
carriers that have a hazardous material safety permit under
part 385 of title 49, Code of Federal Regulations, to
maintain, follow, and carry a route plan, in written or
electronic format, that meets the requirements of section
397.101 of that title when transporting the type and quantity
of hazardous materials described in section 385.403 of that
title if the Secretary determines, under the assessment
required in subsection (b), that such a requirement would
enhance the security and safety of the nation without
imposing unreasonable costs or burdens upon motor carriers.

SEC. --102. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

(a) Wireless Communications--
(1) In General.--Consistent with the findings of the
Transportation Security Administration's Hazmat Truck
Security Pilot Program and within 6 months after the date of
enactment of this Act, the Secretary of Homeland Security,
through the Transportation Security Administration and in
consultation with the Secretary of Transportation, shall
develop a program to encourage the equipping of motor
carriers transporting high hazard materials in quantities
equal to or greater than the quantities specified in subpart
171.800 of title 49, Code of Federal Regulations, with
wireless communications technology that provides--
(A) continuous communications;
(B) vehicle position location and tracking capabilities;
and
(C) a feature that allows a driver of such vehicles to
broadcast an emergency message.
(2) Considerations.--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 motor carrier tracking at the Department of
Transportation;
(B) take into consideration the recommendations and
findings of the report on theHazardous Material Safety and
Security Operation Field Test released by the Federal Motor
Carrier Safety Administration on November 11, 2004;
(C) evaluate--
(i) any new information related to the cost and benefits of
deploying and utilizing truck tracking technology for motor
carriers transporting high hazard materials not included in
the Hazardous Material Safety and Security Operation Field
Test Report released by the Federal Motor Carrier Safety
Administration on November 11, 2004;
(ii) the ability of truck tracking technology to resist
tampering and disabling;
(iii) the capability of truck tracking technology to
collect, display, and store information regarding the
movements of shipments of high hazard materials by commercial
motor vehicles;
(iv) the appropriate range of contact intervals between the
tracking technology and a commercial motor vehicle
transporting high hazard materials; and
(v) technology that allows the installation by a motor
carrier of concealed electronic devices on commercial motor
vehicles that can be activated by law enforcement authorities
and alert emergency response resources to locate and recover
security sensitive material in the event of loss or theft of
such material.
(b) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section
$3,000,000 for each of fiscal years 2007, 2008, and 2009.

SEC. --103. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND
ENFORCEMENT.

(a) In General.--The Secretary of Homeland Security shall
establish a program within the Transportation Security
Administration, in consultation with the Secretary of
Transportation, for reviewing hazardous materials security
plans required under part 172, title 49, Code of Federal
Regulations, within 180 days after the date of enactment of
this Act. In establishing the program, the Secretary shall
ensure that--
(1) the program does not subject carriers to unnecessarily
duplicative reviews of their security plans by the 2
departments; and
(2) a common set of standards is used to review the
security plans.
(b) Civil Penalty.--The failure, by a shipper, carrier, or
other person subject to part 172 of title 49, Code of Federal
Regulations, to comply with any applicable section of that
part within 180 days after being notified by the Secretary of
such failure to comply, is punishable by a civil penalty
imposed by the Secretary under title 49, United States Code.
For purposes of this subsection, each day of noncompliance
after the 181st day following the date on which the shipper,
carrier, or other person received notice of the failure shall
constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of
hazardous materials shippers, carriers, or other persons
subject to part 172 of title 49, Code of Federal Regulations,
with the provisions of that part, the Secretary shall utilize
risk assessment methodologies to prioritize review and
enforcement actions to the most vulnerable and critical
hazardous materials transportation operations.
(d) Transportation Costs Study.--Within 1 year after the
date of enactment of this Act, the Secretary of
Transportation, in conjunction with the Secretary of Homeland
Security, shall study to what extent the insurance, security,
and safety costs borne by railroad carriers, motor carriers,
pipeline carriers, air carriers, and maritime carriers
associated with the transportation of hazardous materials are
reflected in the rates paid by shippers of such commodities
as compared to the costs and rates respectively for the
transportation of non-hazardous materials.
(e) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(1) $2,000,000 for fiscal year 2007;
(2) $2,000,000 for fiscal year 2008; and
(3) $2,000,000 for fiscal year 2009.

SEC. --104. TRUCK SECURITY ASSESSMENT.

Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall transmit to the
Senate Committee on Commerce, Science, and Transportation,
Senate Committee on Finance, the House of Representatives
Committee on Transportation and Infrastructure, the House of
Representatives Committee on Homeland Security and the House
of Representatives Committee on Ways and Means a report on
security issues related to the trucking industry that
includes--
(1) an assessment of actions already taken to address
identified security issues by both public and private
entities;
(2) an assessment of the economic impact that security
upgrades of trucks, truck equipment, or truck facilities may
have on the trucking industry and its employees, including
independent owner-operators;
(3) an assessment of ongoing research and the need for
additional research on truck security; and
(4) an assessment of industry best practices to enhance
security.

SEC. --105. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

(a) Development.--The Secretary of Homeland Security, in
conjunction with the Secretary of Transportation, shall
consider the development of a national public sector response
system to receive security alerts, emergency messages, and
other information used to track the transportation of high
hazard materials which can provide accurate, timely, and
actionable information to appropriate first responder, law
enforcement and public safety, and homeland security
officials, as appropriate, regarding accidents, threats,
thefts, or other safety and security risks or incidents. In
considering the development of this system, they shall
consult with law enforcement and public safety officials,
hazardous material shippers, motor carriers, railroads,
organizations representing hazardous material employees,
State transportation and hazardous materials officials,
private for-profit and non-profit emergency response
organizations, and commercial motor vehicle and hazardous
material safety groups. Consideration of development of the
national public sector response system shall be based upon
the public sector response center developed for the
Transportation Security Administration hazardous material
truck security pilot program and hazardous material safety
and security operational field test undertaken by the Federal
Motor Carrier Safety Administration.
(b) Capability.--The national public sector response system
to be considered shall be able to receive, as appropriate--
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) Characteristics.--The national public sector response
system to be considered shall--
(1) be an exception-based system;
(2) be integrated with other private and public sector
operation reporting and response systems and all Federal
homeland security threat analysis systems or centers
(including the National Response Center); and
(3) provide users the ability to create rules for alert
notification messages.
(d) Carrier Participation.--The Secretary of Homeland
Security shall coordinate with motor carriers and railroads
transporting high hazard materials, entities acting on their
behalf who receive communication alerts from motor carriers
or railroads, or other Federal agencies that receive security
and emergency related notification regarding high hazard
materials in transit to facilitate the provisions of the
information listed in subsection (b) to the national public
sector response system to the extent possible if the system
is established.
(e) Data Privacy.--The national public sector response
system shall be designed to ensure appropriate protection of
data and information relating to motor carriers, railroads,
and employees.
(f) Report.--Not later than 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 on whether to establish a national
public sector response system and the estimated total public
and private sector costs to establish and annually operate
such a system, together with any recommendations for
generating private sector participation and investment in the
development and operation of such a system.
(g) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(1) $1,000,000 for fiscal year 2007;
(2) $1,000,000 for fiscal year 2008; and
(3) $1,000,000 for fiscal year 2009.

[[Page S9572]]

SEC. --106. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

(a) In General.--The Secretary of Homeland Security shall
establish a program within the Transportation Security
Administration for making grants to private operators of
over-the-road buses or over-the-road-bus terminal operators
for system-wide security improvements to their operations,
including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing and upgrading an emergency communications
system linking operational headquarters, over-the-road buses,
law enforcement, and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Federal Share.--The Federal share of the cost for which
any grant is made under this section shall be 80 percent.
(c) Due Consideration.--In making grants under this
section, the Secretary shall give due consideration to
private operators of over-the-road buses that have taken
measures to enhance bus transportation security from those in
effect before September 11, 2001, and shall prioritize grant
funding based on the magnitude and severity of the security
threat to bus passengers and the ability of the funded
project to reduce, or respond to, that threat.
(d) Grant Requirements.--A grant under this section shall
be subject to all the terms and conditions that a grant is
subject to under section 3038(f) of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat.
393).
(e) Plan Requirement.--
(1) In general.--The Secretary may not make a grant under
this section to a private operator of over-the-road buses
until the operator has first submitted to the Secretary--
(A) a plan for making security improvements described in
subsection (a) and the Secretary has approved the plan; and
(B) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under
the grant.
(2) Coordination.--To the extent that an application for a
grant under this section proposes security improvements
within a specific terminal owned and operated by an entity
other than the applicant, the applicant shall demonstrate to
the satisfaction of the Secretary that the applicant has
coordinated the security improvements for the terminal with
that entity.
(f) Over-the-Road Bus Defined.--In this section, the term
``over-the-road bus'' means a bus characterized by an
elevated passenger deck located over a baggage compartment.
(g) Bus Security Assessment.--
(1) In general.--Not later than 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 preliminary report in accordance with the
requirements of this section.
(2) Contents of preliminary report.--The preliminary report
shall include--
(A) an assessment of the over-the-road bus security grant
program;
(B) an assessment of actions already taken to address
identified security issues by both public and private
entities and recommendations on whether additional safety and
security enforcement actions are needed;
(C) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(D) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-
the-road bus transportation industry and its employees;
(E) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(F) an assessment of industry best practices to enhance
security.
(3) Consultation with industry, labor, and other groups.--
In carrying out this section, the Secretary shall consult
with over-the-road bus management and labor representatives,
public safety and law enforcement officials, and the National
Academy of Sciences.
(h) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(1) $12,000,000 for fiscal year 2007;
(2) $25,000,000 for fiscal year 2008; and
(3) $25,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall
remain available until expended.

SEC. --107. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation and the
Pipeline and Hazardous Materials Safety Administration, and
in accordance with the Memorandum of Understanding Annex
executed under section --108, shall develop a Pipeline
Security and Incident Recovery Protocols Plan. The plan shall
include--
(1) a plan for the Federal Government to provide increased
security support to the most critical interstate and
intrastate natural gas and hazardous liquid transmission
pipeline infrastructure and operations as determined under
section --108--
(A) at high or severe security threat levels of alert; and
(B) when specific security threat information relating to
such pipeline infrastructure or operations exists; and
(2) an incident recovery protocol plan, developed in
conjunction with interstate and intrastate transmission and
distribution pipeline operators and terminals and facilities
operators connected to pipelines, to develop protocols to
ensure the continued transportation of natural gas and
hazardous liquids to essential markets and for essential
public health or national defense uses in the event of an
incident affecting the interstate and intrastate natural gas
and hazardous liquid transmission and distribution pipeline
system, which shall include protocols for granting access to
pipeline operators for pipeline infrastructure repair,
replacement or bypass following an incident.
(b) Existing Private and Public Sector Efforts.--The plan
shall take into account actions taken or planned by both
private and public entities to address identified pipeline
security issues and assess the effective integration of such
actions.
(c) Consultation.--In developing the plan under subsection
(a), the Secretary of Homeland Security shall consult with
the Secretary of Transportation, interstate and intrastate
transmission and distribution pipeline operators, pipeline
labor, first responders, shippers of hazardous materials,
State Departments of Transportation, public safety officials,
and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee
on Transportation and Infrastructure of the House of
Representatives a report containing the plan required by
subsection (a), along with an estimate of the private and
public sector costs to implement any 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.
(e) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section
$1,000,000 for fiscal year 2007.

SEC. --108. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

(a) In General.--Within 1 year after the date of enactment
of this Act the Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall
establish a program for reviewing pipeline operator adoption
of recommendations in the September, 5, 2002, Department of
Transportation Research and Special Programs Administration
Pipeline Security Information Circular, including the review
of pipeline security plans and critical facility inspections.
(b) Review and Inspection.--Within 9 months after the date
of enactment of this Act the Secretary shall complete a
review of the pipeline security plan and an inspection of the
critical facilities of the 100 most critical pipeline
operators covered by the September, 5, 2002, circular, where
such facilities have not been inspected for security purposes
since September 5, 2002, by either the Department of Homeland
Security or the Department of Transportation, as determined
by the Secretary in consultation with the Secretary of
Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline
operator compliance under subsections (a) and (b), the
Secretary shall utilize risk assessment methodologies to
prioritize vulnerabilities and to target inspection and
enforcement actions to the most vulnerable and critical
pipeline assets.
(d) Regulations.--Within 1 year after the date of enactment
of this Act, the Secretary shall transmit to pipeline
operators and the Secretary of Transportation security
recommendations for natural gas and hazardous liquid
pipelines and pipeline facilities. If the Secretary of
Homeland Security determines that regulations are
appropriate, the Secretary shall promulgate such regulations
and carry out necessary inspection and enforcement actions.
Any regulations should incorporate the guidance provided to
pipeline operators by the September 5, 2002, Department of
Transportation Research and Special Programs Administration's
Pipeline Security Information Circular and contain additional
requirements as necessary based upon the results of the
inspections performed under subsection (b). The regulations
shall include the

[[Page S9573]]

imposition of civil penalties for non-compliance.
(e) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(1) $2,000,000 for fiscal year 2007; and
(2) $2,000,000 for fiscal year 2008.

SEC. --109. TECHNICAL CORRECTIONS.

(a) Hazmat Licenses.--Section 5103a of title 49, United
States Code, is amended--
(1) by inserting ``of Homeland Security'' each place it
appears in subsections (a)(1), (d)(1)(b), and (e); and
(2) by redesignating subsection (h) as subsection (i) and
inserting the following after subsection (g):
``(h) Relationship to Transportation Security Cards.--Upon
application, a State shall issue to an individual a license
to operate a motor vehicle transporting in commerce a
hazardous material without the security assessment required
by this section, provided the individual meets all other
applicable requirements for such a license, if the Secretary
of Homeland Security has previously determined, under section
70105 of title 46, United States Code, that the individual
does not pose a security risk.''.

AMENDMENT NO. 5000

(Purpose: To conduct a study to identify redundancies and
inefficiencies in connection with Federal background checks)

At the appropriate place, insert the following:

SEC. __. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS
CHECKS.

(a) Study.--The Comptroller General of the United States
shall conduct a study of background records checks carried
out by Federal departments and agencies that are similar to
the background records check required under section 5103a of
title 49, United States Code, to identify redundancies and
inefficiencies in connection with such checks.
(b) Contents.--In conducting the study, the Comptroller
General of the United States shall review, at a minimum, the
background records checks carried out by--
(1) the Secretary of Defense;
(2) the Secretary of Homeland Security; and
(3) the Secretary of Energy.
(c) Report.--Not later than 6 months after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress on the results of
the study, including--
(1) an identification of redundancies and inefficiencies
referred to in subsection (a); and
(2) recommendations for eliminating such redundancies and
inefficiencies.

AMENDMENT NO. 4947 as modified

At the appropriate place, insert the following:

TITLE __--IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY

SEC. --01. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This title may be cited as the ``IP-
Enabled Voice Communications and Public Safety Act of 2006''.
(b) Table of Contents.--The table of contents for this
title is as follows:

Sec. --01. Short title; table of contents.
Sec. --02. Emergency service.
Sec. --03. Enforcement.
Sec. --04. Migration to IP-enabled emergency network.
Sec. --05. Definitions.

SEC. --02. EMERGENCY SERVICE.

(a) Access to 911 Components.--Within 90 days after the
date of enactment of this Act, the Commission shall issue
regulations regarding access by IP-enabled voice service
providers to 911 components that permit any IP-enabled voice
service provider to elect to be treated as a commercial
mobile service provider for the purpose of access to any 911
component, except that the regulations issued under this
subsection may take into account any technical or network
security issues that are specific to IP-enabled voice
services.
(b) State Authority over Fees.--Nothing in this title, the
Communications Act of 1934, or any Commission regulation or
order shall prevent the imposition on, or collection from, a
provider of IP-enabled voice services of any fee or charge
specifically designated by a State, political subdivision
thereof, or Indian tribe for the support of 911 or E-911
services if that fee or charge--
(1) does not exceed the amount of any such fee or charge
imposed on or collected from a provider of telecommunications
services; and
(2) is obligated or expended in support of 911 and E-911
services, or enhancements of such services, or other
emergency communications services as specified in the
provision of State or local law adopting the fee or charge.
(c) Parity of Protection for Provision or Use of IP-Enabled
Voice Service.--A provider or user of IP-enabled voice
services, a PSAP, and the officers, directors, employees,
vendors, agents, and authorizing government entity (if any)
of such provider, user, or PSAP, shall have the same scope
and extent of immunity and other protection from liability
under Federal and State law with respect to--
(1) the release of subscriber information related to
emergency calls or emergency services,
(2) the use or provision of 911 and E-911 services, and
(3) other matters related to 911 and E-911 services,
as section 4 of the Wireless Communications and Public Safety
Act of 1999 (47 U.S.C. 615a) provides to wireless carriers,
PSAPs, and users of wireless 9-1-1 service (as defined in
paragraphs (4), (3), and (6), respectively, of section 6 of
that Act (47 U.S.C. 615b)) with respect to such release, use,
and other matters.
(d) Limitation on Commission.--Nothing in this section
shall be construed to permit the Commission to issue
regulations that require or impose a specific technology or
technological standard.

SEC. --03. ENFORCEMENT.

The Commission shall enforce this title, and any regulation
promulgated under this title, under the Communications Act of
1934 (47 U.S.C. 151 et seq.) as if this title were a part of
that Act. For purposes of this section any violation of this
title, or any regulation promulgated under this title, is
deemed to be a violation of the Communications Act of 1934.

SEC. --04. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

(a) In General.--Section 158 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 942) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) by inserting after subsection (c) the following:
``(d) Migration Plan Required.--
``(1) National plan required.--No more than 18 months after
the date of the enactment of the IP-Enabled Voice
Communications and Public Safety Act of 2005, the Office
shall develop and report to Congress on a national plan for
migrating to a national IP-enabled emergency network capable
of receiving and responding to all citizen activated
emergency communications.
``(2) Contents of plan.--The plan required by paragraph (1)
shall--
``(A) outline the potential benefits of such a migration;
``(B) identify barriers that must be overcome and funding
mechanisms to address those barriers;
``(C) include a proposed timetable, an outline of costs and
potential savings;
``(D) provide specific legislative language, if necessary,
for achieving the plan;
``(E) provide recommendations on any legislative changes,
including updating definitions, to facilitate a national IP-
enabled emergency network; and
``(F) assess, collect, and analyze the experiences of the
PSAPs and related public safety authorities who are
conducting trial deployments of IP-enabled emergency networks
as of the date of enactment of the IP-Enabled Voice
Communications and Public Safety Act of 2005.
``(3) Consultation.--In developing the plan required by
paragraph (1), the Office shall consult with representatives
of the public safety community, technology and
telecommunications providers, and others it deems
appropriate.''; and
(3) by striking ``services.'' in subsection (b)(1) and
inserting ``services, and, upon completion of development of
the national plan for migrating to a national IP-enabled
emergency network under subsection (d), for migration to an
IP-enabled emergency network.''.
(b) Report on PSAPs.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall--
(A) compile a list of all known public safety answering
points, including such contact information regarding public
safety answering points as the Commission determines
appropriate;
(B) organize such list by county, town, township, parish,
village, hamlet, or other general purpose political
subdivision of a State; and
(C) make available from such list--
(i) to the public, on the Internet website of the
Commission--

(I) the 10 digit telephone number of those public safety
answering points appearing on such list; and
(II) a statement explicitly warning the public that such
telephone numbers are not intended for emergency purposes and
as such may not be answered at all times; and

(ii) to public safety answering points all contact
information compiled by the Commission.
(2) Continuing duty.--The Commission shall continue--
(A) to update the list made available to the public
described in paragraph (1)(C); and
(B) to improve for the benefit of the public the
accessibility, use, and organization of such list.
(3) Psaps required to comply.--Each public safety answering
point shall provide all requested contact information to the
Commission as requested.
(c) Report on Selective Routers.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commission shall--
(A) compile a list of selective routers, including the
contact information of the owners of such routers;
(B) organize such list by county, town, township, parish,
village, hamlet, or other general purpose political
subdivision of a State; and
(C) make such list available to providers of
telecommunications service and to providers of IP-enabled
voice service who are seeking to provide E-911 service to
their subscribers.

SEC. --05. DEFINITIONS.

(a) In General.--For purposes of this title:

[[Page S9574]]

(1) 911.--The term ``911'' means a service that allows a
user, by dialing the three-digit code 911, to call a public
safety answering point operated by a State, local government,
Indian tribe, or authorized entity.
(2) 911 component.--The term ``911 component'' means any
equipment, network, databases (including automatic location
information databases and master street address guides),
interface, selective router, trunkline, or other related
facility necessary for the delivery and completion of 911 or
E-911 calls and information related to such calls to which
the Commission requires access pursuant to its rules and
regulations.
(3) E-911 service.--The term ``E-911 service'' means a 911
service that automatically delivers the 911 call to the
appropriate public safety answering point, and provides
automatic identification data, including the originating
number of an emergency call, the physical location of the
caller, and the capability for the public safety answering
point to call the user back if the call is disconnected.
(4) IP-enabled voice service.--The term ``IP-enabled voice
service'' means the provision of real-time 2-way voice
communications offered to the public, or such classes of
users as to be effectively available to the public,
transmitted through customer premises equipment using TCP/IP
protocol, or a successor protocol, for a fee (whether part of
a bundle of services or separately), or without a fee, with
2-way interconnection capability such that the service can
originate traffic to, and terminate traffic from, the public
switched telephone network.
(5) PSAP.--The term ``public safety answering point'' or
``PSAP'' means a facility that has been designated to receive
911 or E-911 calls.
(b) Common Terminology.--Except as otherwise provided in
subsection (a), terms used in this title have the meanings
provided under section 3 of the Communications Act of 1934.

Mr. STEVENS. Mr. President, there may be statements that Senators
wish to have printed in the Record. I ask unanimous consent that it be
in order that they be printed in the Record prior to the adoption of
any of these amendments I have just presented.
The PRESIDING OFFICER. Without objection, it is so ordered.

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