S.Amdt. 4978

TEXT OF AMENDMENTS

SA 4965. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill H.R. 4954, to improve maritime and cargo
security through enhanced layered defenses, and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place insert the following:

SEC. __. OVERNIGHT AIR TRAFFIC CONTROLLER OPERATIONS.

The Secretary of Transportation, for 18 months after the
date of enactment of this Act, may not--
(1) terminate, or reduce staffing for, overnight air
traffic control services at any airport where such services
are being provided on the date of enactment of this Act; nor
(2) transfer the operational responsibility for such
services at that airport to another airport or other remote
location.
______

SA 4966. Mr. ROCKEFELLER submitted an amendment intended to be
proposed by him to the bill H.R. 4954, to improve maritime and cargo
security through enhanced layered defenses, and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. __. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING
PROGRAM.

(a) Implementation Status.--Within 180 days after the date
of enactment of this Act, the Comptroller General shall
assess the Department of Homeland Security's aircraft charter
customer and lessee prescreening process mandated by section
44903(j)(2) of title 49, United States Code, and report on
the status of the program, its implementation, and its use by
the general aviation charter and rental community and report
the findings, conclusions, and recommendations, if any, of
such assessment to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Homeland Security.
(b) Incorporation of Program into ``Secure Flight''
Program.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall take action to
ensure that the aircraft charter customer and lessee
prescreening process mandated by section 44903(j)(2) of title
49, United States Code, is incorporated into development of
the Department of Homeland Security's ``Secure Flight''
program.
(c) Feasibility Study; Pilot Program.--The Assistant
Secretary shall--
(1) study the feasibility of mandating the use of the
``Secure Flight'' program for all charter and leased aircraft
with a gross aircraft weight in excess of 12,500 pounds; and
(2) consider initiating a pilot program at the 5 largest
general aviation airports in terms of traffic volume to
assess the viability and security value of mandating the use
of the program for all such aircraft.
______

SA 4967. Mrs. MURRAY (for Ms. Stabenow (for herself, Mr. Lieberman,
Mr. Levin, Mr. Schumer, Mr. Durbin, Mrs. Boxer, and Mr. Dayton))
proposed an amendment to the bill H.R. 4954, to improve maritime and
cargo security through enhanced layered defenses, and for other
purposes; as follows:

At the appropriate place, insert the following:

SEC. __. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY
GRANTS.

(a) In General.--The Secretary, through the Office of
Domestic Preparedness of the Office of State and Local
Government Preparedness and Coordination, shall make grants
to States, eligible regions, and local governments for
initiatives necessary to improve emergency communications
capabilities and to achieve short-term or long-term solutions
to statewide, regional, national, and, where appropriate,
international interoperability.
(b) Use of Grant Funds.--A grant awarded under subsection
(a) may be used for initiatives to achieve short-term or
long-term solutions for emergency communications and
interoperability within the State or region and to assist
with any aspect of the communication life cycle, including--
(1) statewide or regional communications planning;
(2) system design and engineering;
(3) procurement and installation of equipment;
(4) training exercises;
(5) modeling and simulation exercises for operational
command and control functions; and

[[Page S9509]]

(6) other activities determined by the Secretary to be
integral to the achievement of emergency communications
capabilities and communications interoperability.
(c) Definitions.--In this section--
(1) the term ``eligible region'' means--
(A) 2 or more contiguous incorporated municipalities,
counties, parishes, Indian tribes, or other general purpose
jurisdictions that--
(i) have joined together to enhance emergency
communications capabilities or communications
interoperability between emergency response providers in
those jurisdictions and with State and Federal officials; and
(ii) includes the largest city in any metropolitan
statistical area or metropolitan division, as those terms are
defined by the Office of Management and Budget; or
(B) any other area the Secretary determines to be
consistent with the definition of a region in the national
preparedness guidance issued under Homeland Security
Presidential Directive 8; and
(2) the terms ``emergency response providers'' and ``local
government'' have the meanings given the terms in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $1,000,000,000 for each of fiscal years 2007 through
2011; and
(2) such sums as are necessary for each fiscal year
thereafter.
______

SA 4968. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill H.R. 4954, to improve maritime and cargo
security through enhanced layered defenses, and for other purposes; as
follows:

On page 27, between lines 20 and 21, insert the following:
(h) Expansion to Other United States Ports of Entry.--
(1) In general.--As soon as practicable after--
(A) implementation of the program for the examination of
containers for radiation at ports of entry described in
subsection (a), and
(B) submission of the strategy developed under subsection
(b) (and updating, if any, of that strategy under subsection
(c)),
but no later than December 31, 2008, the Secretary shall
expand the strategy developed under subsection (b), in a
manner consistent with the requirements of subsection (b), to
provide for the deployment of radiation detection
capabilities at all other United States ports of entry not
covered by the strategy developed under subsection (b).
(2) Risk assessment.--In expanding the strategy under
paragraph (1), the Secretary shall identify and assess the
risks to those other ports of entry in order to determine
what equipment and practices will best mitigate the risks.
______

SA 4969. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. STUDY ON THE COMPETITIVENESS OF UNITED STATES PORT
TERMINAL OPERATORS.

(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall, in
consultation with the Secretary of the Treasury, the
Commissioner, the Administrator of the Maritime
Administration, the Secretary of Transportation, and the
United States Trade Representative, conduct a study into the
decline in the number of United States persons that operate
United States port terminals. The study shall--
(1) examine the history of United States and foreign
ownership of operators of United States port terminals,
including changes in the number and percentage of United
States port terminal operators ultimately owned by United
States persons;
(2) offer explanations for the decline in the number of
United States persons that operate United States port
terminals, including any competitive advantages enjoyed by
non-United States persons in competing for and performing
contracts to operate United States port terminals and any
competitive disadvantages faced by United States persons in
competing for and performing contracts to operate United
States port terminals; and
(3) suggest changes in laws, regulations, or policies that
could help improve the competitiveness of United States
persons operating United States port terminals and encourage
additional United States persons to engage in the business of
operating United States port terminals.
(b) Definition of United States Persons.--In this section,
the term ``United States persons'' means--
(1) a United States citizen; and
(2) a partnership, corporation, or other legal entity that
is organized under the laws of the United States and is owned
or controlled by United States citizens.
______

SA 4970. Mr. DeMINT proposed an amendment to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY
CARDS TO CONVICTED FELONS.

Section 70105 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the
individual poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Except as provided under paragraph (2), an individual
shall be deemed to pose a security risk under this section if
the Secretary determines that the individual--
``(A) has been convicted (or has been found not guilty by
reason of insanity) of--
``(i) destruction of a vessel or maritime facility under
section 2291 of title 18;
``(ii) violence against maritime navigation under section
2280 of title 18;
``(iii) forgery of certificates of documentation, falsified
vessel identification, or other vessel documentation
violation under section 12507 or 12122 of this title;
``(iv) interference with maritime commerce under section
2282A of title 18;
``(v) improper transportation of a hazardous material under
section 46312 of title 49;
``(vi) piracy or privateering under chapter 81 of title 18;
``(vii) firing or tampering with vessels under section 2275
of title 18;
``(viii) carrying a dangerous weapon or explosive aboard a
vessel under section 2277 of title 18;
``(ix) failure to heave to, obstruction of boarding, or
providing false information under section 2237 of title 18;
``(x) imparting or conveying false information under
section 2292 of title 18;
``(xi) entry by false pretense to any seaport under section
1036 of title 18;
``(xii) murder;
``(xiii) assault with intent to murder;
``(xiv) espionage;
``(xv) sedition;
``(xvi) kidnapping or hostage taking;
``(xvii) treason;
``(xviii) rape or aggravated sexual abuse;
``(xix) unlawful possession, use, sale, distribution, or
manufacture of an explosive or weapon;
``(xx) extortion;
``(xxi) armed or felony unarmed robbery;
``(xxii) distribution of, or intent to distribute, a
controlled substance;
``(xxiii) felony arson;
``(xxiv) a felony involving a threat;
``(xxv) a felony involving illegal possession of a
controlled substance punishable by a maximum term of
imprisonment of more than 1 year, willful destruction of
property, importation or manufacture of a controlled
substance, burglary, theft, dishonesty, fraud,
misrepresentation, possession or distribution of stolen
property, aggravated assault, or bribery; or
``(xxvi) conspiracy or attempt to commit any of the
criminal acts listed in this subparagraph;
``(B) may be denied admission to the United States or
removed from the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or
``(C) otherwise poses a terrorism security risk to the
United States.''.
______

SA 4971. Mr. McCAIN (for himself, Mrs. Boxer, Mr. Lautenberg, Mrs.
Clinton, Mr. DeWine, Mr. Graham, Mr. Warner, and Mr. Allen) submitted
an amendment intended to be proposed by him to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 41, following the matter after line 25, insert the
following:

SEC. 114. TRANSFER OF PUBLIC SAFETY GRANT PROGRAM TO THE
DEPARTMENT OF HOMELAND SECURITY.

Section 3006 of the Digital Television Transition and
Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 24)
is amended--
(1) in subsection (a)--
(A) by striking ``The Assistant Secretary, in consultation
with the'' and inserting ``The''; and
(B) in paragraph (1), by inserting ``planning of,'' before
``acquisition of''; and
(2) in subsection (b), by striking ``Assistant Secretary''
each place that term appears and inserting ``Secretary of
Homeland Security''.

SEC. 115. INTEROPERABLE EMERGENCY COMMUNICATIONS.

Section 3006 of the Digital Television Transition and
Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 24)
is amended by redesignating subsection (d) as subsection (e)
and by inserting after subsection (c) the following:
``(d) Interoperable Communications System Equipment
Deployment.--
``(1) In general.--The Secretary of Homeland Security shall
allocate a portion of the funds made available to carry out
this section to make interoperable communications system
equipment, planning, or training grants--
``(A) to purchase equipment and infrastructure that
complies with SAFECOM guidance,

[[Page S9510]]

including any standards that may be referenced by SAFECOM
guidance; and
``(B) to establish a small number of pilot projects to
demonstrate or test new and advanced technologies for
interoperable communications systems or infrastructure that
improves interoperability;
``(C) to assist States, municipalities, or public safety
agencies in planning and training for the use of
interoperable communications systems; and
``(D) to purchase equipment that can utilize, or enable
interoperability with systems or networks that can utilize,
the reallocated public safety spectrum in the 700MHz band.
``(2) Allocation of funds.--
``(A) In general.--Any funds or portion of funds allocated
pursuant to paragraph (1) shall be distributed to a State,
municipality, or public safety agency based on the threat and
risk factors used by the Secretary for the purposes of
allocating discretionary grants under the heading `OFFICE FOR
DOMESTIC PREPAREDNESS, STATE AND LOCAL PROGRAMS' in the
Department of Homeland Security Appropriations Act, 2006.
``(B) Considerations.--In making any distribution under
subparagraph (A), the Secretary may consider the likelihood
that a State, municipality, or public safety agency would
have to respond to a hurricane, tsunami, volcanic eruption,
earthquake, forest fire, mining accident, or other such
natural disaster.
``(3) Eligibility.--A State, municipality, or public safety
agency may not receive funds allocated to it under paragraph
(2) unless it has established a statewide interoperable
communications plan approved by the Secretary.
``(4) Required disclosures.--
``(A) In general.--Each State, municipality, or public
safety agency that receives assistance under this section
shall report to the Secretary, not later than 12 months after
the date of receipt of such assistance, a list of all
expenditures made by such State, municipality, or public
safety agency using such assistance.
``(B) Disclosures to continue until all funds are used.--
Each State, municipality, or public safety agency shall
continue to meet the requirements of subparagraph (A) until
all assistance received by such State, municipality, or
public safety agency under this section is expended.''.
______

SA 4972. Mr. OBAMA (for himself and Mr. Salazar) submitted an
amendment intended to be proposed by him to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; as follows:

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

SEC. 407. EVACUATION IN EMERGENCIES.

(a) Purpose.--The purpose of this section is to ensure the
preparation of communities for future natural, accidental, or
deliberate disasters by ensuring that the States prepare for
the evacuation of individuals with special needs.
(b) Evacuation Plans for Individuals With Special Needs.--
The Secretary, acting through the Office of State and Local
Government Coordination and Preparedness, shall take
appropriate actions to ensure that each State, as that term
is defined in section 2(14) of the Homeland Security Act of
2002 (6 U.S.C. 101(14)), requires appropriate State and local
government officials to develop detailed and comprehensive
pre-disaster and post-disaster plans for the evacuation of
individuals with special needs, including the elderly,
disabled individuals, low-income individuals and families,
the homeless, and individuals who do not speak English, in
emergencies that would warrant their evacuation, including
plans for the provision of food, water, and shelter for
evacuees.
(c) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report setting forth, for each State, the status and key
elements of the plans to evacuate individuals with special
needs in emergencies that would warrant their evacuation.
(2) Contents.--The report submitted under paragraph (1)
shall include a discussion of--
(A) whether the States have the resources necessary to
implement fully their evacuation plans; and
(B) the manner in which the plans of the States are
integrated with the response plans of the Federal Government
for emergencies that would require the evacuation of
individuals with special needs.
______

SA 4973. Mr. OBAMA submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. NUCLEAR RELEASE NOTICE REQUIREMENT.

Section 103 of the Atomic Energy Act of 1954 (42 U.S.C.
2133) is amended by inserting after subsection d. the
following:
``e. Notice of Unplanned Release of Radioactive
Substances.--
``(1) Regulations.--
``(A) In general.--Not later than 2 years after the date of
enactment of this subsection, the Commission shall promulgate
regulations that require civilian nuclear power facilities
licensed under this section or section 104(b) to provide
notice of any release to the environment of quantities of
fission products or other radioactive substances.
``(B) Considerations.--In developing the regulations under
subparagraph (A), the Commission shall consider requiring
licensees of civilian nuclear power facilities to provide
notice of the release--
``(i) not later than 24 hours after the release;
``(ii) to the Commission and the governments of the State
and county in which the civilian nuclear power facility is
located, if the unplanned release--

``(I)(aa) exceeds allowable limits for normal operation
established by the Commission; and
``(bb) is not subject to more stringent reporting
requirements established in existing regulations of the
Commission; or
``(II)(aa) enters into the environment; and
``(bb) may cause drinking water sources to exceed a maximum
contaminant level established by the Environmental Protection
Agency for fission products or other radioactive substances
under the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
and

``(iii) to the governments of the State and county in which
the civilian nuclear power facility is located if the
unplanned release reaches the environment by a path otherwise
not allowed or recognized by the operating license of the
civilian nuclear power facility and falls within the
allowable limits specified in clause (ii), including--

``(I) considering any recommendations issued by the Liquid
Radioactive Release Lessons-Learned Task Force;
``(II) the frequency and form of the notice; and
``(III) the threshold, volume, and radiation content that
trigger the notice.

``(2) Effect.--Nothing in this subsection provides to any
State or county that receives a notice under this subsection
regulatory jurisdiction over a licensee of a civilian nuclear
power facility.''.
______

SA 4974. Mr. OBAMA submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

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

SEC. 407. CONTAMINANT PREVENTION, DETECTION, AND RESPONSE.

Section 1434 of the Safe Drinking Water Act (42 U.S.C.
300i-3) is amended by striking subsection (b) and inserting
the following:
``(b) Report.--Not later than 180 days after the date of
enactment of the Port Security Improvement Act of 2006, the
Administrator shall submit to Congress a report that
includes--
``(1) a description of the progress made as of that date in
implementing this section;
``(2) a description of any impediments to that
implementation identified by the Administrator, including--
``(A) difficulty in coordinating the implementation with
other Federal, State, or local agencies or organizations;
``(B) insufficient funding for effective implementation;
``(C) a lack of authorization to take certain actions
(including the authority to hire necessary personnel)
required to carry out the implementation; and
``(D) technological impediments to developing the methods,
means, and equipment specified in subsection (a)(1).
``(c) Implementation Plan.--The Administrator shall
develop, and carry out during the period of fiscal years 2007
through 2011, an implementation plan with respect to actions
described in subsection (a) that--
``(1) is consistent with actions taken under that
subsection as of the date on which the implementation plan is
finalized; and
``(2) reflects the findings of the report submitted under
subsection (b).
``(d) Funding.--There is authorized to be appropriated to
carry out this section $7,500,000 for each of fiscal years
2007 through 2011.''.
______

SA 4975. Mr. BIDEN proposed an amendment to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; as follows:

At the appropriate place, insert the following:

TITLE V--HOMELAND SECURITY TRUST FUND

SEC. 501. SHORT TITLE.

This title may be cited as the ``Homeland Security Trust
Fund Act of 2006''.

SEC. 502. FINDINGS.

The Congress finds the following:
(1) In 2002, an independent, bipartisan commission, the
National Commission on Terrorist Attacks Upon the United
States (in this section referred to as the ``Commission''),
was established under title VI of Public Law 107-306 to
prepare a full and complete account of the circumstances
surrounding the September 11, 2001, terrorist attacks,
including preparedness for and the immediate response to the
attacks.
(2) The Commission was also tasked with providing
recommendations designed to guard against future attacks
against the United States.

[[Page S9511]]

(3) The Commission held 12 public hearings to offer a
public dialogue about the Commission's goals and priorities,
sought to learn about work already completed, and the state
of current knowledge, all in order to identify the most
important issues and questions requiring further
investigation.
(4) This Commission was widely praised for its thorough
investigation and the bi-partisan nature of its proceedings.
(5) On July 22, 2004, the Commission released its final
report that set out the events leading to the attacks on
September 11th, a chilling minute-by-minute account of that
tragic day, and, more importantly, issued 41 recommendations
to better prepare the United States to protect against future
terrorist attacks.
(6) While the Commission was officially dissolved, the
Commissioners stayed together to create the 9/11 Public
Discourse Project in order to push for the implementation of
those recommendations.
(7) On December 5, 2005, the Commissioners released a
report card evaluating the progress in implementing those
recommendations.
(8) The Commissioners issued very few A's and B's and
issued 12 D's and 5 failing grades.
(9) The failures identified by the Commissioners' report
card were across the board, ranging from transportation
security, to infrastructure protection and government reform.
(10) Specifically, the Commissioners stated that ``few
improvements have been made to the existing passenger
screening system since right after 9/11. The completion of
the testing phase of TSA's pre-screening program for airline
passengers has been delayed. A new system, utilizing all
names on the consolidated terrorist watch list, is therefore
not yet in operation.''.
(11) The Commissioners also found that ``. . . No risk and
vulnerability assessments actually made; no national
priorities established; no recommendations made on allocation
of scarce resources . . . It is time that we stop talking
about setting priorities and actually set some.''.
(12) The Commission issued a grade of D on checked bag and
cargo screening measures, stating that ``improvements have
not been made by the Congress or the administration. Progress
on implementation of in-line screening has been slow. The
main impediment is inadequate funding.''.
(13) With regard to information sharing and technology, the
Commission noted that ``there has been no systematic
diplomatic efforts to share terrorist watch lists, nor has
Congress taken a leadership role in passport security . . .''
and that ``there remain many complaints about lack of
information sharing between federal authorities and state and
local level officials.''.
(14) The Administration has failed to focus on prevention
here at home by abandoning our first line of defense against
terrorism--local law enforcement.
(15) In the President's FY 2006 budget request, the
President requested a cut of over $2,000,000,000 in
guaranteed assistance to law enforcement.
(16) According to the International Association of Chiefs
of Police, this decision represents a fundamentally flawed
view of what is needed to prevent domestic terror attacks.
(17) The Council on Foreign Relations released a report
entitled, ``Emergency First Responders: Drastically
Underfunded, Dangerously Unprepared'', in which the Council
found that ``America's local emergency responders will always
be the first to confront a terrorist incident and will play
the central role in managing its immediate consequences.
Their efforts in the first minutes and hours following an
attack will be critical to saving lives, establishing order,
and preventing mass panic. The United States has both a
responsibility and a critical need to provide them with the
equipment, training, and other resources necessary to do
their jobs safely and effectively.''.
(18) The Council further concluded that many State and
local emergency responders, including police officers and
firefighters, lack the equipment and training needed to
respond effectively to a terrorist attack involving weapons
of mass destruction.
(19) Current first responder funding must be increased to
help local agencies create counter-terrorism units and assist
such agencies to integrate community policing models with
counter-terror efforts.
(20) First responders still do not have adequate spectrum
to communicate during an emergency. Congress finally passed
legislation forcing the networks to turn over spectrum, but
the date was set for February 2008. This is unacceptable,
this spectrum should be turned over immediately.
(21) The Federal Government has a responsibility to ensure
that the people of the United States are protected to the
greatest possible extent against a terrorist attack,
especially an attack that utilizes nuclear, chemical,
biological, or radiological weapons, and consequently, the
Federal Government has a critical responsibility to address
the equipment, training, and other needs of State and local
first responders.
(22) To echo the sentiments of the National Commission on
Terrorist Attacks upon the United States, ``it is time that
we stop talking about setting priorities and actually set
some.''.
(23) The cost of fully implementing all 41 recommendations
put forth by the Commission and the common sense steps to
secure the homeland represents less than 1 year of President
Bush's tax cuts for millionaires.
(24) By investing 1 year of the tax cuts for millionaires
into a trust fund to be invested over the next 5 years, the
Federal Government can implement the Commission's
recommendations and make great strides towards making our
Nation safer.
(25) The Americans making more than $1,000,000 understand
that our country changed after 9/11, yet they have not been
asked to sacrifice for the good of the Nation.
(26) In this Act, we call on the patriotism of such
Americans by revoking 1 year of their tax cut and investing
the resulting revenues in the security of our neighbors and
families.

SEC. 503. DEFINITIONS.

In this Act--
(1) Trust fund.--The term ``Trust Fund'' means the Homeland
Security and Neighborhood Safety Trust Fund established under
section 504.
(2) Commission.--The term ``Commission'' means the National
Commission on Terrorist Attacks upon the United States,
established under title VI of the Intelligence Authorization
Act for Fiscal Year 2003 (Pub. Law 107-306; 6 U.S.C. 101
note).

SEC. 504. HOMELAND SECURITY AND NEIGHBORHOOD SAFETY TRUST
FUND.

(a) Creation of Trust Fund.--There is established in the
Treasury of the United States a trust fund to be known as the
``Homeland Security and Neighborhood Safety Trust Fund'',
consisting of such amounts as may be appropriated or credited
to the Trust Fund.
(b) Rules Regarding Transfers to and Management of Trust
Fund.--For purposes of this section, rules similar to the
rules of sections 9601 and 9602 of the Internal Revenue Code
of 1986 shall apply.
(c) Distribution of Amounts in Trust Fund.--Amounts in the
Trust Fund shall be available, as provided by appropriation
Acts, for making expenditures for fiscal years 2007 through
2011 to meet those obligations of the United States incurred
which are authorized under section 5 of this Act for such
fiscal years.
(d) Sense of the Senate.--It is the sense of the Senate
that the Committee on Finance of the Senate should report to
the Senate not later than 30 days after the date of the
enactment of this Act legislation which--
(1) increases revenues to the Treasury in the amount of
$53,300,000,000 during taxable years 2007 through 2011 by
reducing scheduled and existing income tax reductions enacted
since taxable year 2001 with respect to the taxable incomes
of taxpayers in excess of $1,000,000, and
(2) appropriates an amount equal to such revenues to the
Homeland Security and Neighborhood Safety Trust Fund.

SEC. 505. PREVENTING TERROR ATTACKS ON THE HOMELAND.

(a) Supporting Law Enforcement.--
(1) Authorization of appropriations.--There are authorized
to be appropriated from the Trust Fund--
(A) $1,150,000,000 for fiscal years 2007 through 2011 for
the Office of Community Oriented Policing Services for grants
to State, local, and tribal law enforcement to hire officers,
purchase technology, conduct training, and to develop local
counter-terrorism units;
(B) $900,000,000 for each of the fiscal years 2007 through
2011 for the Justice Assistance Grant;
(C) $160,000,000 for each of fiscal years 2007 through 2011
for the Federal Bureau of Investigations to hire 1,000
additional field agents in addition to the number of field
agents serving on the date of enactment of this Act;
(D) $25,000,000 for the Department of Homeland Security for
each of fiscal years 2007 through 2011 to fund additional
customs agents; and
(E) $200,000,000 for each of fiscal years 2007 to 2011 for
the Amtrak Police Department to hire, equip, and train 1,000
additional rail police; and
(F) such sums as necessary to provide an increase in the
rate of basic pay for law enforcement officers employed by
Amtrak of 25 percent of the rate of basic pay in effect on
the date of enactment of this Act.
(2) Report on the creation of a federal bureau of
investigation national security workforce.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to the relevant congressional
committees a report on the creation of a national security
workforce, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Director expects the recommendation to be
fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(b) Effectively Utilizing New Technologies.--
(1) Streamlining information and processes.--
(A) Authorization of appropriations.--There are authorized
to be appropriated from the Trust Fund--
(i) $50,000,000 for fiscal year 2007 for Information
Technology Services at the Department of Homeland Security
for the purpose of consolidating terrorist watch lists;

[[Page S9512]]

(ii) $50,000,000 for fiscal year 2007 to improve the
capability of pre-screening airline passengers against
terrorist watch lists;
(iii) $100,000,000 for each of fiscal years 2007 through
2011 for the Department of Homeland Security, Office of the
Chief Information Officer, for the purpose of improving
government wide information sharing, including processes and
procedures to improve information sharing with State and
local law enforcement and first responders;
(iv) $120,000,000 for each of fiscal years 2007 to 2011 to
enhance the Department of Homeland Security to enhance U.S.
Visit, Biometric Entry-Exit System (9/11); and
(v) $150,000,000 for each of fiscal years 2007 to 2011 to
assist States in complying with the Real I.D. Act (Public Law
103-19).
(B) Reports.--
(i) Report on government-wide information sharing.--

(I) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget shall submit to the relevant
congressional committees a report on the progress toward
government-wide information sharing, as recommended by the
Commission.
(II) Contents.--The report under this clause shall include
either a certification that such recommendation has been
implemented, or, in the alternative, a description of--

(aa) what steps have been taken to achieve the
recommendation;
(bb) when the Director expects the recommendation to be
fully implemented; and
(cc) any allocation of resources necessary to fully
implement the recommendation.
(ii) Report on incentives for information sharing.--

(I) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the relevant congressional
committees a report on the establishment of incentives for
information sharing across the Federal government and with
State and local authorities, as recommended by the
Commission.
(II) Contents.--The report under this clause shall include
either a certification that such recommendation has been
implemented, or, in the alternative, a description of--

(aa) what steps have been taken to achieve the
recommendation;
(bb) when the Director expects the recommendation to be
fully implemented; and
(cc) any allocation of resources necessary to fully
implement the recommendation.
(iii) Report on biometric entry-exit screening system.--

(I) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the relevant congressional committees a
report the creation of a biometric entry-exit screening
system, as recommended by the Commission.
(II) Contents.--The report under this clause shall include
either a certification that such recommendation has been
implemented, or, in the alternative, a description of--

(aa) what steps have been taken to achieve the
recommendation;
(bb) when the Secretary of Homeland Security expects the
recommendation to be fully implemented; and
(cc) any allocation of resources necessary to fully
implement the recommendation.
(2) Utilizing screening technologies.--
(A) Authorization of appropriations.--There are authorized
to be appropriated from the Trust Fund--
(i) $1,000,000,000 for each of 2007 through 2011 for
Department of Homeland Security to implement 100 percent
screening of ship cargo containers with suitable technologies
that screen for nuclear, radiological, and other dangerous
materials;
(ii) $100,000,000 for each of fiscal years 2007 through
2011 for the Department of Homeland Security to improve
screening for airline passengers, checked baggage, and cargo
on commercial airliners;
(iii) $100,000,000 for each of fiscal years 2007 through
2011 for the Office of Science and Technology at the
Department of Homeland Security to research and develop
advanced screening technologies.
(B) Reports.--
(i) Report on container cargo screening.--Not later than 90
days after the date of the enactment of this Act, the
Secretary of Transportation shall submit to the relevant
congressional committees a report on improvements made
towards implementing 100 percent screening of cargo
containers, including an analysis of charging a per container
surcharge towards recouping security investment made by the
Department of Homeland Security in implementing 100 percent
cargo container screening and on-going security costs.
(ii) Report on checked bag and cargo screening.--

(I) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall submit to the relevant congressional committees a
report on improvements made to checked bag and cargo
screening, as recommended by the Commission.
(II) Contents.--The report under this clause shall include
either a certification that such recommendation has been
implemented, or, in the alternative, a description of--

(aa) what steps have been taken to achieve the
recommendation;
(bb) when the Secretary of Transportation expects the
recommendation to be fully implemented; and
(cc) any allocation of resources necessary to fully
implement the recommendation.
(iii) Report on airline screening checkpoints to detect
explosives.--

(I) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall submit to the relevant congressional committees a
report on improvements to airline screening checkpoints to
detect explosives, as recommended by the Commission.
(II) Contents.--The report under this clause shall include
either a certification that such recommendation has been
implemented, or, in the alternative, a description of--

(aa) what steps have been taken to achieve the
recommendation;
(bb) when the Secretary of Transportation expects the
recommendation to be fully implemented; and
(cc) any allocation of resources necessary to fully
implement the recommendation.
(c) Protecting Critical Infrastructure and Eliminating
Threats.--
(1) Hardening soft targets.--
(A) Authorization of appropriations.--There are authorized
to be appropriated from the Trust Fund--
(i) $1,000,000,000 for each of fiscal years 2007 through
2011 for the Office of Domestic Preparedness for the State
Homeland Security Grant Program, the Urban Area Security
Initiative and the Law Enforcement Terrorism Prevention
Program;
(ii) $80,000,000 for fiscal year 2007 to the Office of
Domestic Preparedness for Critical Infrastructure Risk
Assessment Planning
(9/11);
(iii) $500,000,000 for each of fiscal year 2007 through
2011 to the Office of Domestic Preparedness to make grants to
State and local governments and tribes to protect critical
infrastructure, including chemical facilities, nuclear power
plants, electrical grids, and other critical infrastructure;
(iv) $500,000,000 for each of fiscal years 2007 through
2011 for port security grants to assist ports with meeting
the requirements in Maritime Transportation Security Act of
2002 (Public Law 107-295; 116 Stat. 2064.); and
(v) $200,000,000 for each of fiscal year 2007 through 2011
to the Office of Domestic Preparedness to make grants for
passenger rail, freight rail, and transit systems.
(B) Report on critical infrastructure risks and
vulnerabilities assessment.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the relevant congressional committees a
report assessing critical infrastructure risks and
vulnerabilities, as recommended by the Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the Secretary of Homeland Security expects the
recommendation to be fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(2) Reducing the risk of attack on dangerous chemicals.--
There are authorized to be appropriated from the Trust Fund--
(A) $100,000,000 for each of fiscal years 2007 through 2001
to the Department of Homeland Security to assist companies
that manufacture, produce, or utilize dangerous chemicals to
transition to safer technologies; and
(B) $25,000,000 for each of fiscal years 2007 through 2011
to the Department of Homeland Security to--
(i) develop a national strategy to reduce the threat of
rail shipments of extremely hazardous materials through the
high threat cities in the Nation; and
(ii) provide grants to State and local law enforcement,
first responders, and rail owners to purchase safety
equipment and conduct coordinated training exercises for
first responders and rail workers who may be called to
respond to intentional or accidental releases of hazardous
chemicals.
(3) Responding to terrorist attacks and natural
disasters.--
(A) Authorization of appropriations.--There are authorized
to be appropriated from the Trust Fund--
(i) $1,000,000,000 for each of fiscal years 2007 through
2011 to the Office of Community Oriented Policing Services to
provide grants to enhance State and local government
interoperable communications efforts, including interagency
planning and purchasing equipment;
(ii) $500,000,000 for each of fiscal years 2007 through
2011 for the Office of Domestic Preparedness for Fire Act
Grants;
(iii) $500,000,000 for each of fiscal years 2007 through
2011 for the Office of Domestic Preparedness for SAFER
Grants;
(iv) $1,000,000,000 per year for each of fiscal years 2007
through 2011 for the Office of Domestic Preparedness to make
grants to State and local governments to improve the public
health capabilities of States and cities to prevent and
respond to biological, chemical, or radiological attacks and
pandemics;
(v) $100,000,000 per year for each of fiscal years 2007
through 2011 for the Armed Forces Radiological Research
Institute to research,

[[Page S9513]]

develop, and deploy medical countermeasures to address
radiation sickness associated with nuclear or radiological
attacks in the United States; and
(vi) $100,000,000 per year for each of fiscal years 2007
through 2011 for the Office of Domestic Preparedness for the
purpose of improving State and local government interagency
response coordination to enable local agencies to utilize
equipment, resources, and personnel of neighboring agencies
in the event of a terrorist attack or natural catastrophe.
(B) Prevention of delay in reassignment of 24 megahertz for
public safety purposes.--Section 309(j)(14) of the
Communications Act of 1934 (47 20 U.S.C. 309(j)(14)) is
amended by adding at the end the following:
``(E) Notwithstanding subparagraph (B), the Commission
shall not grant any extension under that subparagraph from
the limitation of subparagraph (A) with respect to the
frequencies assigned, under section 337(a)(1), for public
safety services. The Commission shall take all actions
necessary to complete assignment of the electromagnetic
spectrum between 764 and 776 megahertz, inclusive, and
between 794 and 806 megahertz, inclusive, for public safety
services and to permit operations by public safety services
on those frequencies commencing not later than January 1,
2007.''.
(d) Preventing the Growth of Radical Islamic
Fundamentalism.--
(1) Authorization of appropriations.--There are authorized
to be appropriated from the Trust Fund--
(A) $100,000,000 for each of fiscal years 2007 through 2011
to the President for the Economic Support Fund to provide
technical assistance under chapter 4 of part II of the
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to
foreign countries to assist such countries in preventing the
financing of terrorist activities;
(B) $200,000,000 for each of fiscal years 2007 through 2011
to the President for development assistance for international
education programs carried out under sections 105 and 496 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2151c and
2293);
(C) $50,000,000 for each of fiscal years 2007 through 2011
to the President for the United States contribution to the
International Youth Opportunity Fund authorized under section
7114 of the 9/11 Commission Implementation Act of 2004
(Public Law 108-458) for international education programs;
(D) $100,000,000 for each of fiscal years 2007 through 2011
to the President for the Economic Support Fund for activities
carried out under the provisions of chapter 4 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.)
to promote democracy, good governance, political freedom,
independent media, women's rights, private sector
development, and open economic systems in the countries of
the Middle East, Central Asia, South Asia, and Southeast
Asia;
(E) $15,000,000 for each of the fiscal years 2007 through
2011 to the Middle East Partnership Initiative of the
Department of State to support, through the provision of
grants, technical assistance, training, and other programs,
in the countries of the Middle East, the expansion of civil
society, opportunities for political participation for all
citizens, protections for internationally recognized human
rights, including the rights of women, educational system
reforms, independent media, policies that promote economic
opportunities for citizens, the rule of law, and democratic
processes of government;
(F) $100,000,000 for each of the fiscal years 2007 through
2011 to the President to carry out United States Government
broadcasting activities under the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), the United States International Broadcasting Act of
1994 (22 U.S.C. 6201 et seq.), and the Foreign Affairs Reform
and Restructuring Act of 1998 (as enacted in division G of
the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; Public Law 105-277) for
international broadcasting operations;
(G) $200,000,000 for each of the fiscal years 2007 through
2011 to the Department of State to carry out public diplomacy
programs of the Department under the United States
Information and Educational Exchange Act of 1948, the Mutual
Educational and Cultural Exchange Act of 1961, Reorganization
Plan Number 2 of 1977, the Foreign Affairs Reform and
Restructuring Act of 1998, the Center for Cultural and
Technical Interchange Between East and West Act of 1960, the
Dante B. Fascell North-South Center Act of 1991, and the
National Endowment for Democracy Act;
(H) $600,000,000 for each of the fiscal years 2007 through
2011 to the President for providing assistance for
Afghanistan in a manner consistent with the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.);
(I) $150,000,000 for each of the fiscal years 2007 through
2011 to the President for provide assistance to Pakistan for
the Economic Support Fund to carry out chapter 4 of part II
of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
seq.); and
(J) $80,000,000 for each of the fiscal years 2007 through
2011 to the Department of Energy to support the
nonproliferation activities of the National Nuclear Security
Administration.
(2) Reports.--
(A) Report on the united states government's efforts to
secure weapons of mass destruction.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
relevant congressional committees a report on the current
efforts to secure weapons of mass destruction, as recommended
by the Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the President expects the recommendation to be
fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(B) Report on long-term commitment to afghanistan.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall submit to the
relevant congressional committees a report on ensuring a
long-term commitment to Afghanistan, as recommended by the
Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the President expects the recommendation to be
fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(C) Report on united states support to pakistan's efforts
against extremists.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the relevant congressional committees a report the
United States's support of Pakistan's efforts against
extremists, as recommended by the Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the Secretary of State expects the recommendation
to be fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(D) Report on improvement of relations between the united
states and saudi arabia.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the relevant congressional committees a report on
current efforts to improve strategic relations between the
United States and Saudi Arabia, as recommended by the
Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the Secretary of State expects the recommendation
to be fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(E) Report on identifying and prioritizing terrorist
sanctuaries.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the National
Counterterrorism Center shall submit to the relevant
congressional committees a report identifying and
prioritizing terrorist sanctuaries, as recommended by the
Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the Director expects the recommendation to be
fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(F) Report on comprehensive coalition strategy against
islamist terrorism.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the relevant congressional committees a report on
progress toward engaging other countries in developing a
comprehensive strategy for combating Islamist terrorism, as
recommended by the Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the Secretary of State expects the recommendation
to be fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(G) Report on international broadcasting.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the Broadcasting Board of
Governors shall submit to the relevant congressional
committees a report analyzing the success of Radio Sawa and
Radio Al-Hurra, as recommended by the Commission.

[[Page S9514]]

(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the Board expects the recommendation to be fully
implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(H) Report on scholarship, exchange and library programs.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State shall
submit to the relevant congressional committees a report on
the expansion United States scholarship, exchange, and
library programs in the Islamic world, as recommended by the
Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the Secretary of State expects the recommendation
to be fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(I) Report on terrorist travel strategy.--
(i) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the National
Counterterrorism Center shall submit to the relevant
congressional committees a report on improving the collection
and analysis of intelligence on terrorist travel, as
recommended by the Commission.
(ii) Contents.--The report under this subparagraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--

(I) what steps have been taken to achieve the
recommendation;
(II) when the Director expects the recommendation to be
fully implemented; and
(III) any allocation of resources necessary to fully
implement the recommendation.

(e) Government Reform: Implementing Each Recommendation of
the 9/11 Commission.--
(1) Report on establishing a unified incident command
system.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the relevant congressional committees a
report on the establishment of a unified Incident Command
System, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of Homeland Security expects the
recommendation to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(2) Report on comprehensive screening system.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall submit to the relevant congressional committees a
report on the implementation of a comprehensive screening
program, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of Transportation expects the
recommendation to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(3) Report on the director of national intelligence.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the relevant congressional
committees a report on the Director of National Intelligence,
as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Director expects the recommendation to be
fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(4) Report on the national counterterrorism center.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the relevant congressional
committees a report on the establishment of the National
Counterterrorism Center, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Director expects the recommendation to be
fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(5) Report on the new mission of the director of the
central intelligence agency.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Central
Intelligence Agency shall submit to the relevant
congressional committees a report on the new mission of the
Director of the Central Intelligence Agency, as recommended
by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Director expects the recommendation to be
fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(6) Report on homeland airspace defense.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to the relevant congressional committees a
report on homeland airspace defense, as recommended by the
Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of Homeland Security expects the
recommendation to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(7) Report on balance between security and civil
liberties.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General shall submit
to the relevant congressional committees a report on the
balance between security and civil liberties, as recommended
by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Attorney General expects the recommendation
to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(8) Report on privacy guidelines for government sharing of
personal information.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Attorney General shall submit
to the relevant congressional committees a report outlining
the privacy guidelines for government sharing of personal
information, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Attorney General expects the recommendation
to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(9) Report on the standardization of security clearances.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget shall submit to the relevant
congressional committees a report on the standardization of
security clearances, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Director expects the recommendation to be
fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(10) Report on coalition standards for terrorism
detention.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the Attorney General, shall submit to the
relevant congressional committees a report on current efforts
to develop a common coalition approach toward the detention
and humane treatment of captured terrorists, as recommended
by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;

[[Page S9515]]

(ii) when the Secretary of State expects the recommendation
to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(11) Report on use of economic policies to combat
terrorism.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the United States Trade Representative,
shall submit to the relevant congressional committees a
report on the development of economic policies to combat
terrorism, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of State expects the recommendation
to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(12) Report on efforts against terrorist financing.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Treasury,
shall submit to the relevant congressional committees a
report on efforts taken against terrorist financing, as
recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of the Treasury expects the
recommendation to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(13) Report on international collaboration on borders and
document security.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall
submit to the relevant congressional committees a report
international collaboration on borders and document security,
as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of Homeland Security expects the
recommendation to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(14) Report on the standardization of secure
identification.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
and the Secretary of Health and Human Services shall each
submit to the relevant congressional committees a report on
the standardization of secure identification, as recommended
by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of Homeland Security or the
Secretary of Health and Human Services expects the
recommendation to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(15) Report on private sector preparedness.--Not later than
90 days after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
relevant congressional committees a report outlining the
steps that have been taken to enhance private sector
preparedness for terrorist attacks, as recommended by the
Commission.
(16) Report on national strategy for transportation
security.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall submit to the relevant congressional committees a
report on the establishment of a national strategy for
transportation security, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of Transportation expects the
recommendation to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.
(17) Report on airline passenger pre-screening.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Transportation
shall submit to the relevant congressional committees a
report on improvements made to airline passenger pre-
screening, as recommended by the Commission.
(B) Contents.--The report under this paragraph shall
include either a certification that such recommendation has
been implemented, or, in the alternative, a description of--
(i) what steps have been taken to achieve the
recommendation;
(ii) when the Secretary of Transportation expects the
recommendation to be fully implemented; and
(iii) any allocation of resources necessary to fully
implement the recommendation.

______

SA 4976. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; as follows:

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.
______

SA 4977. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. 501. APPLICATION TO LAND PORTS.

The provisions of sections 203, 204, and 303 shall also
apply with respect to land ports of entry.
______

SA 4978. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. BLAST-RESISTANT CONTAINERS.

Section 41704 of title 49, United States Code, is amended
by adding at the end the following: ``Each aircraft used to
provide air transportation for individuals and their baggage
or other cargo shall be equipped with not less than 1
hardened, blast-resistant cargo container.''.
______

SA 4979. Mr. FEINGOLD submitted an amendment intended to be proposed
by him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. STUDY OF UNSAFE PESTICIDE CHEMICAL RESIDUES IN
GINSENG AND PRODUCTS CONTAINING GINSENG.

(a) In General.--The Food and Drug Administration, in
cooperation with the United States Customs and Border
Protection, shall--
(1) conduct a study on the levels of pesticide chemical
residue, as such term is defined in section 201(q)(2) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)(2)),
in ginseng and products containing ginseng; and
(2) submit to Congress a report that describes the findings
of such study.
(b) Content and Design.--The study conducted under
subsection (a) shall--
(1) compare the pesticide chemical residue in ginseng that
is known to be foreign-grown with such residue in ginseng
that is known to be domestically-grown;
(2) sample and test retail and wholesale samples, both in
warehouses and at the ports of entry into the United States,
of raw ginseng and products containing ginseng for pesticide
chemical residue and, if possible, determine the prevalence
of ginseng and products containing ginseng that are
mislabeled as grown in the United States or in Wisconsin;
(3) be designed to ensure that the samples of ginseng and
products containing ginseng that are collected from retail
and wholesale establishments may also be used as part of
potential enforcement actions if the Food and Drug
Administration, in cooperation with the United States Customs
and Border Protection, finds that the level of pesticide
chemical residue in such ginseng or products is unsafe; and

[[Page S9516]]

(4) assess and identify whether ginseng and products
containing ginseng are imported into the United States by
being classified under an improper heading under the
Harmonized Tariff Schedule of the United States.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
______

SA 4980. Ms. STABENOW submitted an amendment intended to be proposed
by her to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY
GRANTS.

(a) In General.--The Secretary, through the Office of
Domestic Preparedness of the Office of State and Local
Government Preparedness and Coordination, may make grants to
States, eligible regions, and local governments for
initiatives necessary to improve emergency communications
capabilities and to achieve short-term or long-term solutions
to statewide, regional, national, and, where appropriate,
international interoperability.
(b) Use of Grant Funds.--A grant awarded under subsection
(a) may be used for initiatives to enhance interoperable
communications within the State or region and to assist with
any aspect of the interoperable communications life cycle,
including--
(1) statewide or regional communications planning, as it
relates to the implementation of the National Incident
Management System;
(2) system design and engineering;
(3) procurement and installation of equipment;
(4) training exercises;
(5) modeling and simulation exercises for operational
command and control functions; and
(6) other activities determined by the Secretary to be
integral to the achievement of emergency communications
capabilities and communications interoperability.
(c) Definitions.--In this section--
(1) the term ``eligible region'' means--
(A) 2 or more contiguous incorporated municipalities,
counties, parishes, Indian tribes, or other general purpose
jurisdictions that--
(i) have joined together to enhance emergency
communications capabilities or communications
interoperability between emergency response providers in
those jurisdictions and with State and Federal officials; and
(ii) includes the largest city in any metropolitan
statistical area or metropolitan division, as those terms are
defined by the Office of Management and Budget; or
(B) any other area the Secretary determines to be
consistent with the definition of a region in the national
preparedness guidance issued under Homeland Security
Presidential Directive 8; and
(2) the terms ``emergency response providers'' and ``local
government'' have the meanings given the terms in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section--
(1) $1,000,000,000 for each of fiscal years 2007 through
2011; and
(2) such sums as are necessary for each fiscal year
thereafter.
______

SA 4981. Mr. CONRAD submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. NATIONAL EMERGENCY TELEMEDICAL COMMUNICATIONS.

(a) Telehealth Task Force.--
(1) Establishment.--The Secretary of Commerce, in
consultation with the Secretary of Homeland Security and the
Secretary of Health and Human Services, shall establish a
task force to be known as the ``National Emergency Telehealth
Network Task Force'' (referred to in this subsection as the
``Task Force'') to advise the Secretary of Commerce on the
use of telehealth technologies to prepare for, monitor,
respond to, and manage the events of a biological, chemical,
or nuclear terrorist attack or other public health
emergencies.
(2) Functions.--The Task Force shall--
(A) conduct an inventory of existing telehealth
initiatives, including--
(i) the specific location of network components;
(ii) the medical, technological, and communications
capabilities of such components; and
(iii) the functionality of such components;
(B) make recommendations for use by the Secretary of
Commerce in establishing standards for regional
interoperating and overlapping information and operational
capability response grids in order to achieve coordinated
capabilities based on responses among Federal, State, and
local responders;
(C) recommend any changes necessary to integrate technology
and clinical practices;
(D) recommend to the Secretary of Commerce acceptable
standard clinical information that could be uniformly applied
and available throughout a national telemedical network and
tested in the regional networks;
(E) research, develop, test, and evaluate administrative,
physical, and technical guidelines for protecting the
confidentiality, integrity, and availability of regional
networks and all associated information and advise the
Secretary of Commerce on issues of patient data security, and
compliance with all applicable regulations;
(F) in consultation and coordination with the regional
telehealth networks established under subsection (b), test
such networks for their ability to provide support for the
existing and planned efforts of State and local law
enforcement, fire departments, health care facilities, Indian
Health Service clinics, and Federal and State public health
agencies to prepare for, monitor, respond rapidly to, or
manage the events of a biological, chemical, or nuclear
terrorist attack or other public health emergencies with
respect to each of the functions listed in subparagraphs (A)
through (H) of subsection (b)(3); and
(G) facilitate the development of training programs for
responders and a mechanism for training via enhanced advanced
distributive learning.
(3) Membership.--The Task Force shall include
representation from--
(A) relevant Federal agencies;
(B) relevant tribal, State, and local government agencies
including public health officials;
(C) professional associations specializing in health care;
and
(D) other relevant private sector organizations, including
public health and national telehealth organizations and
representatives of academic and corporate information
management and information technology organizations.
(4) Meetings and reports.--
(A) Meetings.--The Task Force shall meet as the Secretary
of Commerce may direct.
(B) Report.--
(i) In general.--Not later than 3 years after the date of
enactment of this Act the Task Force shall prepare and submit
a report to Congress regarding the activities of the Task
Force.
(ii) Contents.--The report described in clause (i) shall
recommend, based on the information obtained from the
regional telehealth networks established under subsection
(b), whether and how to build on existing telehealth networks
to develop a National Emergency Telehealth Network.
(5) Implementation.--The Task Force may carry out
activities under this subsection in cooperation with other
entities, including national telehealth organizations.
(6) Termination.--The Task Force shall terminate upon
submission of the final report required under paragraph
(4)(B).
(b) Establishment of State and Regional Telehealth
Networks.--
(1) Program authorized.--
(A) In general.--The Secretary of Commerce, in consultation
with the Secretary of Homeland Security and the Secretary of
Health and Human Services, is authorized to award grants to 3
regional consortia of States to carry out pilot programs for
the development of statewide and regional telehealth network
testbeds that build on, enhance, and securely link existing
State and local telehealth programs.
(B) Duration.--The Secretary of Commerce may award grants
under this subsection for a period not to exceed 3 years.
Such grants may be renewed.
(C) State consortium plans.--Each regional consortium of
States desiring to receive a grant under subparagraph (A)
shall submit to the Secretary of Commerce a plan that
describes how such consortium shall--
(i) interconnect existing telehealth systems in a
functional and seamless fashion to enhance the ability of the
States in the region to prepare for, monitor, respond to, and
manage the events of a biological, chemical, or nuclear
terrorist attack or other public health emergencies or
natural disasters; and
(ii) link to other participating States in the region via a
standard interoperable connection using standard information.
(D) Priority.--In making grants under this subsection, the
Secretary of Commerce shall give priority to regional
consortia of States that demonstrate--
(i) the interest and participation of a broad cross section
of relevant entities, including public health offices,
emergency preparedness offices, and health care providers;
(ii) the ability to connect major population centers as
well as isolated border, rural, and frontier communities
within the region to provide medical, public health, and
emergency services in response to a biological, chemical, or
nuclear terrorist attack or other public health emergencies;
(iii) an existing telehealth and telecommunications
infrastructure that connects relevant State agencies, health
care providers, universities, relevant tribal agencies, and
relevant Federal agencies; and
(iv) the ability to quickly complete development of a
region-wide interoperable emergency telemedical network to
expand communications and service capabilities and facilitate
coordination among multiple medical, public health, and
emergency response agencies, and the ability to test
recommendations of the task force established under
subsection (a) within 3 years.
(2) Regional networks.--A consortium of States awarded a
grant under paragraph (1) shall develop a regional telehealth
network to support emergency response activities and

[[Page S9517]]

provide medical services by linking established telehealth
initiatives within the region to and with the following:
(A) First responders, such as police, firefighters, and
emergency medical service providers.
(B) Front line health care providers, including hospitals,
emergency medical centers, medical centers of the Department
of Defense and the Department of Veterans Affairs, and
public, private, community, rural, and Indian Health Service
clinics.
(C) State and local public health departments, offices of
rural health, and relevant Federal agencies.
(D) Experts on public health, bioterrorism, nuclear safety,
chemical weapons and other relevant disciplines.
(E) Other relevant entities as determined appropriate by
such consortium.
(3) Functions of the networks.--Once established, a
regional telehealth network under this subsection shall test
the feasibility of recommendations (including recommendations
relating to standard clinical information, operational
capability, and associated technology and information
standards) described in subparagraphs (B) through (E) of
subsection (a)(2), and provide reports to the task force
established under subsection (a), on such network's ability,
in preparation of and in response to a biological, chemical,
or nuclear terrorist attack or other public health
emergencies, to support each of the following functions:
(A) Rapid emergency response and coordination.
(B) Real-time data collection for information
dissemination.
(C) Environmental monitoring.
(D) Early identification and monitoring of biological,
chemical, or nuclear exposures.
(E) Situationally relevant expert consultative services for
patient care and front-line responders.
(F) Training of responders.
(G) Development of an advanced distributive learning
network.
(H) Distance learning for the purposes of medical and
clinical education, and simulation scenarios for ongoing
training.
(4) Requirements.--In awarding a grant under paragraph (1),
the Secretary of Commerce may--
(A) require that each regional network adopt common
administrative, physical, and technical approaches for
seamless interoperability and to protect the network's
confidentiality, integrity, and availability, taking into
consideration guidelines developed by the task force
established under subsection (a); and
(B) require that each regional network inventory and report
to the task force established under subsection (a), the
technology and technical infrastructure available to such
network.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section, such sums as may be necessary for
each of fiscal years 2007, 2008, and 2009. Amounts made
available under this paragraph shall remain available until
expended.
(2) Limit on administrative expenses.--Not more than 5
percent of the amount made available for each fiscal year
under paragraph (1) shall be used for Task Force
administrative costs.
______

SA 4982. Mr. COLEMAN (for himself, Ms. Collins, and Mr. Stevens)
submitted an amendment intended to be proposed by him to the bill H.R.
4954, to improve maritime and cargo security through enhanced layered
defenses, and for other purposes; as follows:

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

SEC. 233. SCREENING AND SCANNING OF CARGO CONTAINERS.

(a) 100 Percent Screening of Cargo Containers and 100
Percent Scanning of High-Risk Containers.--
(1) Screening of cargo containers.--The Secretary shall
ensure that 100 percent of the cargo containers entering the
United States through a seaport undergo a screening to
identify high-risk containers.
(2) Scanning of high-risk containers.--The Secretary shall
ensure that 100 percent of the containers that have been
identified as high-risk are scanned before such containers
leave a United States seaport facility.
(b) Full-Scale Implementation.--The Secretary, in
coordination with the Secretary of Energy and foreign
partners, shall fully deploy integrated scanning systems to
scan all containers entering the United States before such
containers arrive in the United States as soon as the
Secretary determines that the integrated scanning system--
(1) meets the requirements set forth in section 231(c);
(2) has a sufficiently low false alarm rate for use in the
supply chain;
(3) is capable of being deployed and operated at ports
overseas;
(4) is capable of integrating, as necessary, with existing
systems;
(5) does not significantly impact trade capacity and flow
of cargo at foreign or United States ports; and
(6) provides an automated notification of questionable or
high-risk cargo as a trigger for further inspection by
appropriately trained personnel.
(c) Report.--Not later than 6 months after the submission
of a report under section 231(d), and every 6 months
thereafter, the Secretary shall submit a report to the
appropriate congressional committees describing the status of
full-scale deployment under subsection (b) and the cost of
deploying the system at each foreign port.
______

SA 4983. Mr. SCHUMER submitted an amendment intended to be proposed
by him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

On page 20, between lines 8 and 9, insert the following:
(d) Container Scanning Technology Grant Program.--
(1) Nuclear and radiological detection devices.--Section
70107(m)(1)(C) of title 46, United States Code, as
redesignated by subsection (b), is amended by inserting ``,
underwater or water surface devices, devices that can be
mounted on cranes and straddle cars used to move cargo within
ports, and scanning and imaging technology'' before the
semicolon at the end.
(2) Container security research trust fund.--
(A) Authorization.--Not later than 90 days after the date
of enactment of this Act, the Secretary shall establish a
system for collecting an additional fee from shippers of
containers entering the United States in an amount sufficient
to fully fund the grant program established under this
section. All amounts collected pursuant to this subparagraph
shall be deposited into the Container Security Research Trust
Fund.
(B) Container security research trust fund.--There is
established in the Treasury of the United States a trust
fund, to be known as the ``Container Security Research Trust
Fund'', consisting of such amounts as are collected pursuant
to subparagraph (A).
(3) Use of funds.--Amounts in the Container Security
Research Trust Fund shall be used for grants to be awarded in
a competitive process to public or private entities for the
purpose of researching and developing nuclear and
radiological detection equipment described in section
70107(m)(1)(C) of title 46, United States Code, as amended by
this section.
(4) Authorization of appropriations.--There are authorized
to be appropriated a total of $500,000,000 for fiscal years
2007 through 2009 for the purpose of researching and
developing nuclear and radiological detection equipment
described in section 70107(m)(1)(C) of title 46, United
States Code, as amended by this section.
______

SA 4984. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the end, insert the following:

TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. APPLICATION TO LAND PORTS.

The provisions of sections 201, 211, 301, 303, and 431 also
apply with respect to land ports of entry.
______

SA 4985. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; as follows:

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 for operating expenses of
the Northern Border Air Wing--
(1) $40,000,000 for the branch in Great Falls, Montana;
(2) $40,000,000 for the branch in Bellingham, Washington;
(3) $40,000,000 for the branch in Plattsburgh, New York;
(4) $40,000,000 for the branch in Grand Forks, North
Dakota; and
(5) $40,000,000 for the branch in Detroit, Michigan.
______

SA 4986. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of the bill, insert the following:

TITLE V--METHAMPHETAMINE

SEC. 501. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR
CHEMICALS.

(a) Compliance With Performance Plan Requirements.--For
each of the fiscal years of 2007 through 2011, as part of the
annual performance plan required in the budget submission of
the Bureau of Customs and Border Protection under section
1115 of title 31, United States Code, the Commissioner of
Customs shall establish performance indicators relating to
the seizure of methamphetamine and methamphetamine precursor

[[Page S9518]]

chemicals in order to evaluate the performance goals of the
Bureau with respect to the interdiction of illegal drugs
entering the United States.
(b) Study and Report Relating to Methamphetamine and
Methamphetamine Precursor Chemicals.--
(1) Analysis.--The Commissioner of Customs shall, on an
annual basis, analyze the movement of methamphetamine and
methamphetamine precursor chemicals into the United States.
In conducting the analysis, the Commissioner shall--
(A) consider the entry of methamphetamine and
methamphetamine precursor chemicals through ports of entry,
between ports of entry, through the mails, and through
international courier services;
(B) examine the export procedures of each foreign country
where the shipments of methamphetamine and methamphetamine
precursor chemicals originate and determine if changes in the
country's customs over time provisions would alleviate the
export of methamphetamine and methamphetamine precursor
chemicals; and
(C) identify emerging trends in smuggling techniques and
strategies.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the
Commissioner shall submit a report to the Committee on
Finance and the Committee on Foreign Relations of the Senate,
and the Committee on Ways and Means and the Committee on
International Relations of the House of Representatives, that
includes--
(A) the analysis described in paragraph (1); and
(B) the Bureau's utilization of the analysis to target
shipments presenting a high risk for smuggling or
circumvention of the Combat Methamphetamine Epidemic Act of
2005 (Public Law 109-177).
(3) Availability of analysis.--The Commissioner shall
ensure that the analysis described in paragraph (1) is made
available in a timely manner to the Secretary of State to
facilitate the Secretary in fulfilling the Secretary's
reporting requirements in section 722 of the Combat
Methamphetamine Epidemic Act of 2005.
______

SA 4987. Mr. LAUTENBERG (for himself, Mr. Obama, Mr. Kerry, Mr.
Biden, Mr. Menendez, Mr. Durbin, Mrs. Boxer, and Mr. Jeffords)
submitted an amendment intended to be proposed by him to the bill H.R.
4954, to improve maritime and cargo security through enhanced layered
defenses, and for other purposes; which was ordered to lie on the
table; as follows:

At the end, add the following:

TITLE V--REGULATION OF CHEMICAL FACILITIES

SEC. 501. SHORT TITLE.

This title may be cited as the ``Chemical Facility Anti-
Terrorism Act of 2006''.

SEC. 502. REGULATION OF CHEMICAL FACILITIES.

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

``TITLE XVIII--REGULATION OF CHEMICAL FACILITIES

``SEC. 1801. DEFINITIONS.

``In this title, the following definitions apply:
``(1) Chemical facility security measure.--The term
`chemical facility security measure' means any action taken
to ensure or enhance the security of a chemical facility
against a chemical facility terrorist incident, including--
``(A) employee background checks;
``(B) employee training;
``(C) personnel security measures;
``(D) the limitation and prevention of access to controls
of the chemical facility;
``(E) protection of the perimeter of the chemical facility
or the portion or sector within the facility in which a
substance of concern is stored, used or handled, utilizing
fences, barriers, guards, or other means;
``(F) installation and operation of cameras or other
intrusion detection sensors;
``(G) the implementation of measures to increase computer
or computer network security;
``(H) contingency and evacuation plans;
``(I) the relocation or hardening of storage or containment
equipment; and
``(J) other security measures to prevent, protect against,
or reduce the consequences of a chemical facility terrorist
incident.
``(2) Chemical facility terrorist incident.--The term
`chemical facility terrorist incident' means--
``(A) an act of terrorism committed against a chemical
facility;
``(B) the release of a substance of concern from a chemical
facility into the surrounding area as a consequence of an act
of terrorism; or
``(C) the obtaining of a substance of concern by any person
for the purposes of releasing the substance off-site in
furtherance of an act of terrorism.
``(3) Environment.--The term `environment' has the meaning
given the term in section 101 of the Comprehensive
Environmental Response Compensation and Liability Act of 1980
(42 U.S.C. 9601).
``(4) Owner or operator of a chemical facility.--The term
`owner or operator of a chemical facility' means any person
who owns, leases, or operates a chemical facility.
``(5) Release.--The term `release' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response Compensation and Liability Act of 1980 (42 U.S.C.
9601).
``(6) Substance of concern.--The term `substance of
concern' means a chemical substance in quantity and form
that--
``(A) is listed under paragraph (3) of section 112(r) of
the Clean Air Act (42 U.S.C. 7412(r)) and has not been
exempted from designation as a substance of concern by the
Secretary under section 1802(a); or
``(B) is designated by the Secretary by regulation in
accordance with section 1802(a).

``SEC. 1802. DESIGNATION AND RANKING OF CHEMICAL FACILITIES.

``(a) Substances of Concern.--
``(1) Designation by the secretary.--The Secretary may--
``(A) designate any chemical substance as a substance of
concern;
``(B) exempt any chemical substance from being designated
as a substance of concern;
``(C) establish and revise, for purposes of making
determinations under subsection (b), the threshold quantity
for a chemical substance; or
``(D) require the submission of information with respect to
the quantities of substances of concern that are used,
stored, manufactured, processed, or distributed by any
chemical facility.
``(2) Matters for consideration.--
``(A) In general.--In designating or exempting a chemical
substance or establishing or adjusting the threshold quantity
for a chemical substance under paragraph (1), the Secretary
shall consider the potential extent of death, injury, or
serious adverse effects to human health, the environment,
critical infrastructure, national security, the national
economy, or public welfare that would result from a terrorist
release of the chemical substance.
``(B) Adoption of certain threshold quantities.--The
Secretary may adopt the threshold quantity established under
paragraph (5) of subsection (r) of section 112 of the Clean
Air Act (42 U.S.C. 7412(r)(5)) for any substance of concern
that is also listed under paragraph (3) of that subsection.
``(b) List of Significant Chemical Facilities.--
``(1) In general.--The Secretary shall maintain a list of
significant chemical facilities in accordance with this
subsection.
``(2) Required facilities.--The Secretary shall include on
the list maintained under paragraph (1) a chemical facility
that has more than the threshold quantity established by the
Secretary of any substance of concern.
``(3) Authority to designate chemical facilities.--The
Secretary may designate a chemical facility not required to
be included under paragraph (2) as a significant chemical
facility and shall include such a facility on the list
maintained under paragraph (1). In designating a chemical
facility under this paragraph, the Secretary shall use the
following criteria:
``(A) The potential threat or likelihood that the chemical
facility will be the target of terrorism.
``(B) The potential extent and likelihood of death, injury
or serious adverse effects to human health and safety or to
the environment that could result from a chemical facility
terrorist incident.
``(C) The proximity of the chemical facility to population
centers.
``(D) The potential threat caused by a person obtaining a
substance of concern in furtherance of an act of terrorism.
``(E) The potential harm to critical infrastructure,
national security, and the national economy from a chemical
facility terrorist incident.
``(c) Assignment of Chemical Facilities to Risk-Based
Tiers.--
``(1) Assignment.--The Secretary shall assign each chemical
facility on the list of significant chemical facilities under
subsection (b) to one of at least four risk-based tiers
established by the Secretary.
``(2) Provision of information.--The Secretary may request,
and the owner or operator of a chemical facility shall
provide, information necessary for the Secretary to assign a
chemical facility to the appropriate tier under paragraph
(1).
``(3) Notification.--Not later than 60 days after assigning
a chemical facility to a tier under this subsection, the
Secretary shall notify the chemical facility of the tier to
which the facility is assigned and shall provide the facility
with the reasons for assignment of the facility to such tier.
``(4) High-risk chemical facilities.--At least one of the
tiers established by the Secretary for the assignment of
chemical facilities under this subsection shall be a tier
designated for high-risk chemical facilities.
``(d) Periodic Review of List of Chemical Facilities.--
``(1) Requirement.--Not later than 3 years after the date
on which the Secretary develops the list of significant
chemical facilities under subsection (b)(1) and every 3 years
thereafter, the Secretary shall--
``(A) consider the criteria under subsection (b)(3); and
``(B) determine whether to add a chemical facility to the
list of significant chemical facilities maintained under
subsection (b)(1) or to remove or change the tier assignment
of any chemical facility on such list.
``(2) Authority to review.--The Secretary may, at any time,
after considering the criteria under subsections (b)(2) and
(b)(3), add a chemical facility to the list of significant

[[Page S9519]]

chemical facilities maintained under subsection (b)(1) or
remove or change the tier assignment of any chemical facility
on such list.
``(3) Notification.--Not later than 30 days after the date
on which the Secretary adds a facility to the list of
significant chemical facilities maintained by the Secretary
under subsection (b)(1), removes a facility from such list,
or changes the tier assignment of any facility on such list,
the Secretary shall notify the owner of that facility of that
addition, removal, or change.

``SEC. 1803. VULNERABILITY ASSESSMENTS AND FACILITY SECURITY
PLANS.

``(a) Vulnerability Assessment and Facility Security Plan
Required for Chemical Facilities.--
``(1) Requirement for vulnerability assessment and security
plan.--
``(A) Regulations required.--The Secretary shall prescribe
regulations to--
``(i) establish standards, protocols, and procedures for
vulnerability assessments and facility security plans to be
required for chemical facilities on the list maintained by
the Secretary under section 1802(b)(1);
``(ii) require the owner or operator of each such facility
to--

``(I) conduct an assessment of the vulnerability of the
chemical facility to a chemical facility terrorist incident;
``(II) prepare and implement a facility security plan that
addresses the results of the vulnerability assessment; and
``(III) consult with the appropriate employees of the
facility in developing the vulnerability assessment and
security plan required under this section; and

``(iii) set deadlines for the completion of vulnerability
assessments and facility security plans, such that all such
plans and assessments are completed and submitted to the
Secretary for approval no later than 3 years after final
regulations are issued under this paragraph.
``(B) Deadline for high-risk chemical facilities.--The
owner or operator of a facility assigned to the high-risk
tier under section 1802(c)(4) shall submit to the Secretary a
vulnerability assessment and facility security plan not later
than 6 months after the date on which the Secretary
prescribes regulations under this subsection.
``(2) Criteria for regulations.--The regulations required
under paragraph (1) shall--
``(A) be risk-based;
``(B) be performance-based; and
``(C) take into consideration--
``(i) the cost and technical feasibility of compliance by a
chemical facility with the requirements under this title;
``(ii) the different quantities and forms of substances of
concern stored, used, and handled at chemical facilities; and
``(iii) the matters for consideration under section
1802(a)(2).
``(3) Provision of assistance and guidance.--The Secretary
shall provide assistance and guidance to a chemical facility
conducting a vulnerability assessment or facility security
plan required under this section.
``(b) Minimum Requirements for High-Risk Chemical
Facilities.--
``(1) Requirements for vulnerability assessments.--In the
case of a facility assigned to the high-risk tier under
section 1802(c)(4), the Secretary shall require that the
vulnerability assessment required under this section include
each of the following:
``(A) The identification of any hazard that could result
from a chemical facility terrorist incident at the facility.
``(B) The number of individuals at risk of death, injury,
or severe adverse effects to human health as a result of a
chemical facility terrorist incident at the facility.
``(C) Information related to the criticality of the
facility for purposes of assessing the degree to which the
facility is critical to the economy or national security of
the United States.
``(D) The proximity or interrelationship of the facility to
other critical infrastructure.
``(E) Any vulnerability of the facility with respect to--
``(i) physical security;
``(ii) programmable electronic devices, computers, computer
or communications networks, or other automated systems used
by the facility;
``(iii) alarms, cameras, and other protection systems;
``(iv) communication systems;
``(v) any utility or infrastructure (including
transportation) upon which the facility relies to operate
safely and securely; or
``(vi) the structural integrity of equipment for storage,
handling, and other purposes.
``(F) Any information relating to threats relevant to the
facility that is provided by the Secretary in accordance with
paragraph (3).
``(G) Such other information as the Secretary determines is
appropriate.
``(2) Requirements for facility security plans.--In the
case of a facility assigned to the high-risk tier under
section 1802(c)(4), the Secretary shall require that the
facility security plan required under this section include
each of the following:
``(A) Chemical facility security measures to address the
vulnerabilities of the facility to a chemical facility
terrorist incident.
``(B) A plan for periodic drills and exercises to be
conducted at the facility that include participation by
facility employees, local law enforcement agencies, and first
responders, as appropriate.
``(C) Equipment, plans, and procedures to be implemented or
used by or at the chemical facility in the event of a
chemical facility terrorist incident that affects the
facility, including site evacuation, release mitigation, and
containment plans.
``(D) An identification of any steps taken to coordinate
with State and local law enforcement agencies, first
responders, and Federal officials on security measures and
plans for response to a chemical facility terrorist incident.
``(E) Specify the security officer who will be the point of
contact for the National Incident Management System and for
Federal, State, and local law enforcement and first
responders.
``(F) A description of enhanced security measures during
periods of time when the Secretary determines that heightened
threat conditions exist.
``(3) Provision of threat-related information.--The
Secretary shall provide in a timely manner, to the maximum
extent practicable under applicable authority and in the
interests of national security, to an owner or operator of a
facility assigned to the high-risk tier under section
1802(c)(4), threat information that is relevant to the
facility, including an assessment of the most likely method
that could be used by terrorists to exploit any
vulnerabilities of the facility and the likelihood of the
success of such method.
``(4) Red team exercises.--The Secretary shall conduct red
team exercises at facilities selected by the Secretary that
have been assigned to the high-risk tier under section
1802(c)(4) such that all chemical facilities designated under
that section will undergo a red team exercise during the six-
year period that begins on the date on which the Secretary
prescribes regulations to carry out this title. The exercises
shall be--
``(A) conducted after informing the owner or operator of
the facility selected; and
``(B) designed to identify at each selected facility--
``(i) any vulnerabilities of the facility;
``(ii) possible modes by which the facility could be
attacked; and
``(iii) any weaknesses in the security plan of the
facility.
``(c) Security Performance Requirements.--
``(1) In general.--The Secretary shall establish security
performance requirements for the facility security plans
required to be prepared by chemical facilities assigned to
each risk-based tier established under section 1802(c). The
requirements shall--
``(A) require separate and increasingly stringent security
performance requirements for facility security plans as the
level of risk associated with the tier increases; and
``(B) permit each chemical facility submitting a facility
security plan to select a combination of chemical facility
security measures that satisfy the security performance
requirements established by the Secretary under this
subsection.
``(2) Criteria.--In establishing the security performance
requirements under paragraph (1), the Secretary shall
consider the criteria under subsection (a)(2).
``(3) Guidance.--The Secretary shall provide guidance to
each chemical facility on the list maintained by the
Secretary under section 1802(b)(1) regarding the types of
chemical facility security measures that, if applied, could
satisfy the requirements under this section.
``(d) Co-Located Chemical Facilities.--The Secretary shall
allow the owners or operators of two or more chemical
facilities that are located geographically close to each
other or otherwise co-located to develop and implement
coordinated vulnerability assessments and facility security
plans, at the discretion of the owner or operator of the
chemical facilities.
``(e) Procedures, Protocols, and Standards Satisfying
Requirements for Vulnerability Assessment and Security
Plan.--
``(1) Determination by the secretary.--In response to a
petition by any person, or at the discretion of the
Secretary, the Secretary may endorse or recognize procedures,
protocols, and standards that the Secretary determines meet
all or part of the requirements of this section.
``(2) Use of procedures, protocols, and standards.--
``(A) Use by individual facilities.--Upon review and
written determination by the Secretary under paragraph (1)
that the procedures, protocols, or standards of a chemical
facility subject to the requirements of this section satisfy
some or all of the requirements of this section, the chemical
facility may elect to comply with those procedures,
protocols, or standards.
``(B) Use by classes of facilities.--At the discretion of
the Secretary, the Secretary may identify a class or category
of chemical facilities subject to the requirements of this
section that may use the procedures, protocols, or standards
recognized under this section in order to comply with all or
part of the requirements of this section.
``(3) Partial endorsement or recognition.--If the Secretary
finds that a procedure, protocol, or standard satisfies only
part of the requirements of this section, the Secretary may
allow a chemical facility subject to the requirements of this
section to comply with that procedure, protocol, or standard
for purposes of that requirement, but shall require the
facility to submit of any additional information required to
satisfy the requirements of this section not met by that
procedure, protocol, or standard.

[[Page S9520]]

``(4) Notification.--If the Secretary does not endorse or
recognize a procedure, protocol, or standard for which a
petition is submitted under paragraph (1), the Secretary
shall provide to the person submitting a petition under
paragraph (1) written notification that includes an
explanation of the reasons why the endorsement or recognition
was not made.
``(5) Review.--Nothing in this subsection shall relieve the
Secretary (or a designee of the Secretary which may be a
third party auditor certified by the Secretary) of the
obligation--
``(A) to review a vulnerability assessment and facility
security plan submitted by a high-risk chemical facility
under this section; and
``(B) to approve or disapprove each assessment or plan on
an individual basis.
``(f) Other Authorities.--
``(1) Existing authorities.--A chemical facility on the
list maintained by the Secretary under section 1802(b)(1)
that is required to prepare a vulnerability assessment or
facility security plan under chapter 701 of title 46, United
States Code, or section 1433 of the Safe Drinking Water Act
(42 U.S.C. 300i-2) shall not be subject to the requirements
of this section, unless the Secretary, after reviewing the
vulnerability assessment, facility security plan, or other
relevant documents voluntarily offered by the chemical
facility (including any updates thereof) requires more
stringent performance requirements or red-team exercise under
subsection (b)(4).
``(2) Coordination.--In the case of any storage required to
be licensed under chapter 40 of title 18, United States Code,
the Secretary shall prescribe the rules and regulations for
the implementation of this section with the concurrence of
the Attorney General and avoid unnecessary duplication of
regulatory requirements.
``(g) Periodic Review by Chemical Facility Required.--
``(1) Submission of review.--Not later than 3 years after
the date on which a vulnerability assessment or facility
security plan required under this section is submitted, and
at least once every 5 years thereafter (or on such a schedule
as the Secretary may establish by regulation), the owner or
operator of the chemical facility covered by the
vulnerability assessment or facility security plan shall
submit to the Secretary a review of the adequacy of the
vulnerability assessment or facility security plan that
includes a description of any changes made to the
vulnerability assessment or facility security plan.
``(2) Review of review.--The Secretary shall--
``(A) ensure that a review required under paragraph (1) is
submitted not later than the applicable date; and
``(B) not later than 6 months after the date on which a
review is submitted under paragraph (1), review the review
and notify the facility submitting the review of the
Secretary's approval or disapproval of the review.
``(h) Role of Employees.--As appropriate, vulnerability
assessments or facility security plans required under this
section should describe the roles or responsibilities that
facility employees are expected to perform to prevent or
respond to a chemical facility terrorist incident.

``SEC. 1804. RECORD KEEPING; SITE INSPECTIONS.

``(a) Record Keeping.--The Secretary shall require each
chemical facility required to submit a vulnerability
assessment or facility security plan under section 1803 to
maintain a current copy of the assessment and the plan at the
facility.
``(b) Right of Entry.--For purposes of carrying out this
title, the Secretary (or a designee of the Secretary) shall
have, on presentation of credentials, a right of entry to,
on, or through any property of a chemical facility on the
list maintained by the Secretary under section 1802(a)(1) or
any property on which any record required to be maintained
under this section is located.
``(c) Inspections and Verifications.--The Secretary shall,
at such time and place as the Secretary determines to be
appropriate, conduct or require the conduct of facility
security inspections and verifications and may, by
regulation, authorize third party inspections and
verifications by persons trained and certified by the
Secretary for that purpose. Such an inspection or
verification shall include a consultation with owners,
operators, and employees, as appropriate, and ensure and
evaluate compliance with--
``(1) this title and any regulations prescribed to carry
out this title; and
``(2) any security standards or requirements adopted by the
Secretary in furtherance of the purposes of this title.
``(d) Requests for Records.--In carrying out this title,
the Secretary (or a designee of the Secretary) may require
the submission of or, on presentation of credentials, may at
reasonable times obtain access to and copy any documentation
necessary for--
``(1) reviewing or analyzing a vulnerability assessment or
facility security plan submitted under section 1803; or
``(2) implementing such a facility security plan.
``(e) Compliance.--If the Secretary determines that an
owner or operator of a chemical facility required to submit a
vulnerability assessment or facility security plan under
section 1803 fails to maintain, produce, or allow access to
records or to the property of the chemical facility as
required by this section, the Secretary shall issue an order
requiring compliance with this section.

``SEC. 1805. ENFORCEMENT.

``(a) Submission of Information.--
``(1) Initial submission.--The Secretary shall specify in
regulations prescribed under section 1803(a), specific
deadlines for the submission of the vulnerability assessments
and facility security plans required under this title to the
Secretary. The Secretary may establish different submission
requirements for the different tiers of chemical facilities
under section 1802(c).
``(2) Major changes requirement.--The Secretary shall
specify in regulations prescribed under section 1803(a),
specific deadlines and requirements for the submission by a
facility required to submit a vulnerability assessment or
facility security plan under that section of information
describing--
``(A) any change in the use by the facility of more than a
threshold amount of any substance of concern; and
``(B) any significant change in a vulnerability assessment
or facility security plan submitted by the facility.
``(3) Failure to comply.--If an owner or operator of a
chemical facility fails to submit a vulnerability assessment
or facility security plan in accordance with this title, the
Secretary shall issue an order requiring the submission of a
vulnerability assessment or facility security plan in
accordance with section 1804(e).
``(b) Review of Security Plan.--
``(1) In general.--
``(A) Deadline for review.--Not later than 180 days after
the date on which the Secretary receives a vulnerability
assessment or facility security plan under this title, the
Secretary shall review and approve or disapprove such
assessment or plan.
``(B) Designee.--The Secretary may designate a person
(including a third party entity certified by the Secretary)
to conduct a review under this subsection.
``(2) Disapproval.--The Secretary shall disapprove a
vulnerability assessment or facility security plan if the
Secretary determines that--
``(A) the vulnerability assessment or facility security
plan does not comply with regulations prescribed under
section 1803; or
``(B) in the case of a facility security plan, the plan or
the implementation of the plan is insufficient to address any
vulnerabilities identified in a vulnerability assessment of
the chemical facility or associated oversight actions taken
under sections 1803 and 1804, including a red team exercise.
``(3) Specific security measures not required.--The
Secretary shall not disapprove a facility security plan under
this section based solely on the specific chemical facility
security measures that the chemical facility selects to meet
the security performance requirements established by the
Secretary under section 1803(c).
``(4) Provision of notification of disapproval.--If the
Secretary disapproves the vulnerability assessment or
facility security plan submitted by a chemical facility under
this title or the implementation of a facility security plan
by such a facility, the Secretary shall--
``(A) provide the owner or operator of the facility a
written notification of the disapproval, that--
``(i) includes a clear explanation of deficiencies in the
assessment, plan, or implementation of the plan; and
``(ii) requires the owner or operator of the facility to
revise the assessment or plan to address any deficiencies and
to submit to the Secretary the revised assessment or plan;
``(B) provide guidance to assist the facility in addressing
such deficiency;
``(C) in the case of a facility for which the owner or
operator of the facility does not address such deficiencies
by such date as the Secretary determines to be appropriate,
issue an order requiring the owner or operator to correct
specified deficiencies by a specified date; and
``(D) in the case of a facility assigned to the high-risk
tier under section 1802(c)(4), consult with the owner or
operator of the facility to identify appropriate steps to be
taken by the owner or operator to address the deficiencies
identified by the Secretary.
``(5) No private right of action.--Nothing in this title
confers upon any private person a right of action against an
owner or operator of a chemical facility to enforce any
provision of this title.
``(c) Reporting Process.--
``(1) Establishment.--The Secretary shall establish, and
provide information to the public regarding, a process by
which any person may submit a report to the Secretary
regarding problems, deficiencies, or vulnerabilities at a
chemical facility.
``(2) Confidentiality.--The Secretary shall keep
confidential the identity of a person that submits a report
under paragraph (1) and any such report shall be treated as
protected information under section 1808(f) to the extent
that it does not consist of publicly available information.
``(3) Acknowledgment of receipt.--If a report submitted
under paragraph (1) identifies the person submitting the
report, the Secretary shall respond promptly to such person
to acknowledge receipt of the report.
``(4) Steps to address problems.--The Secretary shall
review and consider the information provided in any report
submitted under paragraph (1) and shall take appropriate
steps under this title to address any

[[Page S9521]]

problem, deficiency, or vulnerability identified in the
report.
``(5) Retaliation prohibited.--
``(A) Prohibition.--No employer may discharge any employee
or otherwise discriminate against any employee with respect
to the compensation of, or terms, conditions, or privileges
of the employment of, such employee because the employee (or
a person acting pursuant to a request of the employee)
submitted a report under paragraph (1).
``(B) Enforcement process.--The Secretary shall establish--
``(i) a process by which an employee can notify the
Secretary of any retaliation prohibited under this paragraph;
and
``(ii) a process by which the Secretary may take action as
appropriate to enforce this section.

``SEC. 1806. PENALTIES.

``(a) Administrative Penalties.--
``(1) In general.--The Secretary may issue an
administrative penalty of not more than $250,000 for failure
to comply with an order issued by the Secretary under this
title.
``(2) Provision of notice.--Before issuing a penalty under
paragraph (1), the Secretary shall provide to the person
against which the penalty is to be assessed--
``(A) written notice of the proposed penalty; and
``(B) to the extent possible, consistent with the
provisions of title 5, United States Code, governing hearings
on the record, the opportunity to request, not later than 30
days after the date on which the notice is received, a
hearing on the proposed penalty.
``(3) Procedures for review.--The Secretary may prescribe
regulations outlining the procedures for administrative
hearings and appropriate review, including necessary
deadlines.
``(b) Civil Penalties.--
``(1) In general.--The Secretary may bring an action in a
United States district court against any owner or operator of
a chemical facility that violates or fails to comply with--
``(A) any order issued by the Secretary under this title;
or
``(B) any facility security plan approved by the Secretary
under this title.
``(2) Relief.--In any action under paragraph (1), a court
may issue an order for injunctive relief and may award a
civil penalty of not more than $50,000 for each day on which
a violation occurs or a failure to comply continues.
``(c) Criminal Penalties.--An owner or operator of a
chemical facility who knowingly and intentionally violates
any order issued by the Secretary under this title shall be
fined not more than $100,000, imprisoned for not more than 1
year, or both.
``(d) Penalties for Unauthorized Disclosure.--Any officer
or employee of a Federal, State, or local government agency
who, in a manner or to an extent not authorized by law,
knowingly discloses any record containing protected
information described in section 1808(f) shall--
``(1) be imprisoned not more than 1 year, fined under
chapter 227 of title 18, United States Code, or both; and
``(2) if an officer or employee of the Government, be
removed from Federal office or employment.
``(e) Treatment of Information in Adjudicative
Proceedings.--In a proceeding under this section, information
protected under section 1808, or related vulnerability or
security information, shall be treated in any judicial or
administrative action as if the information were classified
material.

``SEC. 1807. STATE AND OTHER LAWS.

``(a) In General.--Nothing in this title shall preclude or
deny any right of any State or political subdivision thereof
to adopt or enforce any regulation, requirement, or standard
of performance respecting chemical facility security that is
more stringent than a regulation, requirement, or standard of
performance in effect under this title, or shall otherwise
impair any right or jurisdiction of the States with respect
to chemical facilities within such States unless there is an
actual conflict between a provision of this title and the law
of the State.
``(b) Other Requirements.--Nothing in this title shall
preclude or deny the right of any State or political
subdivision thereof to adopt or enforce any regulation,
requirement, or standard of performance, including air or
water pollution requirements, that are directed at problems
other than reducing damage from terrorist attacks.

``SEC. 1808. PROTECTION OF INFORMATION.

``(a) Prohibition of Public Disclosure of Protected
Information.--
``(1) In general.--The Secretary shall ensure that
protected information, as described in subsection (f), is not
disclosed except as provided in this title.
``(2) Specific prohibitions.--In carrying out paragraph
(1), the Secretary shall ensure that protected information is
not disclosed--
``(A) by any Federal agency under section 552 of title 5,
United States Code; or
``(B) under any State or local law.
``(b) Regulations.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Chemical Facility Anti-Terrorism Act of
2006, the Secretary shall prescribe such regulations, and may
issue such orders, as necessary to prohibit the unauthorized
disclosure of protected information, as described in
subsection (f).
``(2) Requirements.--The regulations prescribed under
paragraph (1) shall--
``(A) permit information sharing, on a confidential basis,
with Federal, State and local law enforcement officials and
first responders and chemical facility personnel, as
necessary to further the purposes of this title;
``(B) provide for the confidential use of protected
information in any administrative or judicial proceeding,
including placing under seal any such information that is
contained in any filing, order, or other document used in
such proceedings that could otherwise become part of the
public record;
``(C) limit access to protected information to persons
designated by the Secretary; and
``(D) ensure, to the maximum extent practicable, that--
``(i) protected information shall be maintained in a secure
location; and
``(ii) access to protected information shall be limited as
may be necessary to--

``(I) enable enforcement of this title; or
``(II) address an imminent and substantial threat to
security.

``(c) Other Obligations Unaffected.--Nothing in this
section affects any obligation of the owner or operator of a
chemical facility to submit or make available information to
facility employees, employee organizations, or a Federal,
State, or local government agency under, or otherwise to
comply with, any other law.
``(d) Submission of Information to Congress.--Nothing in
this title shall be construed as authorizing the withholding
of any information from Congress.
``(e) Disclosure of Independently Furnished Information.--
Nothing in this title shall be construed as affecting any
authority or obligation of a Federal agency to disclose any
record or information that the Federal agency obtains from a
chemical facility under any other law.
``(f) Protected Information.--For purposes of this section,
protected information includes the following:
``(1) The criteria and data used by the Secretary to assign
chemical facilities to risk-based tiers under section 1802
and the tier to which each such facility is assigned.
``(2) The vulnerability assessments and facility security
plans submitted to the Secretary under this title.
``(3) Information concerning the security performance
requirements for a chemical facility under section 1803(c).
``(4) Any other information generated or collected by a
Federal, State, or local government agency or by a chemical
facility for the purpose of carrying out or complying with
this title--
``(A) that describes any vulnerability of a chemical
facility to an act of terrorism;
``(B) that describes the assignment of any chemical
facility to a risk-based tier under this title;
``(C) that describes any security measure (including any
procedure, equipment, training, or exercise) for the
protection of a chemical facility from an act of terrorism;
or
``(D) the disclosure of which the Secretary determines
would be detrimental to the security of any chemical
facility.

``SEC. 1809. CERTIFICATION OF THIRD-PARTY ENTITIES.

``(a) Certification of Third-Party Entities.--The Secretary
may designate a third-party entity to carry out any function
under subsection (e)(5) of section 1803, subsection (b) or
(c) of section 1804, or subsection (b)(1) of section 1805.
``(b) Qualifications.--The Secretary shall establish
standards for the qualifications of third-party entities,
including knowledge of physical infrastructure protection,
cybersecurity, facility security plans, hazard analysis,
engineering, and other such factors that the Secretary
determines to be necessary.
``(c) Procedures and Requirements for Private Entities.--
Before designating a third-party entity to carry out a
function under subsection (a), the Secretary shall--
``(1) develop, document, and update, as necessary, minimum
standard operating procedures and requirements applicable to
such entities designated under subsection (a), including--
``(A) conducting a 90-day independent review of the
procedures and requirements (or updates thereto) and the
results of the analyses of such procedures (or updates
thereto) pursuant to subtitle G of title VIII; and
``(B) upon completion of the independent review under
subparagraph (A), designating any procedure or requirement
(or any update thereto) as a qualified anti-terrorism
technology pursuant to section 862(b);
``(2) conduct safety and hazard analyses of the standard
operating procedures and requirements developed under
paragraph (1);
``(3) conduct a review of the third party entities'
previous business engagements to ensure that no contractual
relationship has or will exist that could compromise their
independent business judgment in carrying out any functions
under subsection(e)(5) of section 1803, subsection (b) or (c)
of section 1804, of subsection(b)(1) of section 1805; and
``(4) conduct a review of the third party entities'
business practices and disqualify any of these organizations
that offer related auditing or consulting services to
chemical facilities as private sector vendors.
``(d) Technical Review and Approval.--Not later than 60
days after the date on which the results of the safety and
hazard analysis of the standard operating procedures and
requirements are completed under subsection (c)(2), the
Secretary shall--
``(1) complete a technical review of the procedures and
requirements (or updates thereto) under sections 862(b) and
863(d)(2); and

[[Page S9522]]

``(2) approve or disapprove such procedures and
requirements (or updates thereto).
``(e) Effect of Approval.--
``(1) Issuance of certificate of conformance.--In
accordance with section 863(d)(3), the Secretary shall issue
a certificate of conformance to a third-party entity to
perform a function under subsection (a) if the entity--
``(A) demonstrates to the satisfaction of the Secretary the
ability to perform functions in accordance with standard
operating procedures and requirements (or updates thereto)
approved by the Secretary under this section;
``(B) agrees to--
``(i) perform such function in accordance with such
standard operating procedures and requirements (or updates
thereto); and
``(ii) maintain liability insurance coverage at policy
limits and in accordance with conditions to be established by
the Secretary pursuant to section 864; and
``(C) signs an agreement to protect the proprietary and
confidential information of any chemical facility with
respect to which the entity will perform such function.
``(2) Litigation and risk management protections.--A third-
party entity that maintains liability insurance coverage at
policy limits and in accordance with conditions to be
established by the Secretary pursuant to section 864 and
receives a certificate of conformance under paragraph (1)
shall receive all applicable litigation and risk management
protections under sections 863 and 864.
``(3) Reciprocal waiver of claims.--A reciprocal waiver of
claims shall be deemed to have been entered into between a
third-party entity that receives a certificate of conformance
under paragraph (1) and its contractors, subcontractors,
suppliers, vendors, customers, and contractors and
subcontractors of customers involved in the use or operation
of any function performed by the third-party entity under
subparagraph (a).
``(4) Information for establishing limits of liability
insurance.--A third-party entity seeking a certificate of
conformance under paragraph (1) shall provide to the
Secretary necessary information for establishing the limits
of liability insurance required to be maintained by the
entity under section 864(a).
``(f) Monitoring.--The Secretary shall regularly monitor
and inspect the operations of a third-party entity that
performs a function under subsection (a) to ensure that the
entity is meeting the minimum standard operating procedures
and requirements established under subsection (c) and any
other applicable requirement under this section.
``(g) Restriction on Designation.--No individual may be
designated to carry out any function under this title with
respect to any facility with which that individual was
affiliated as an officer, director, or employee during the
three-year period preceding the date of such designation.

``SEC. 1810. METHODS TO REDUCE THE CONSEQUENCES OF A
TERRORIST ATTACK.

``(a) Method to Reduce the Consequences of a Terrorist
Attack.--For purposes of this section, the term `method to
reduce the consequences of a terrorist attack' includes--
``(1) input substitution;
``(2) catalyst or carrier substitution;
``(3) process redesign (including reuse or recycling of a
substance of concern);
``(4) product reformulation;
``(5) procedure simplification;
``(6) technology modification;
``(7) use of less hazardous substances or benign
substances;
``(8) use of smaller quantities of substances of concern;
``(9) reduction of hazardous pressures or temperatures;
``(10) reduction of the possibility and potential
consequences of equipment failure and human error;
``(11) improvement of inventory control and chemical use
efficiency; and
``(12) reduction or elimination of the storage,
transportation, handling, disposal, and discharge of
substances of concern.
``(b) Assessment Required.--
``(1) In general.--The owner or operator of a facility
assigned to the high-risk tier under section 1802(c)(4),
shall conduct an assessment of methods to reduce the
consequences of a terrorist attack on that chemical facility.
``(2) Included information.--An assessment under this
subsection shall include information on--
``(A) each method of reducing the consequences of a
terrorist attack considered for implementation at the
chemical facility, including--
``(i) the quantity of any substance of concern considered
for reduction or elimination and the form of any considered
replacement for such substance of concern; and
``(ii) any technology or process considered for
modification and a description of the considered
modification;
``(B) the degree to which each such method could, if
implemented, reduce the potential extent of death, injury, or
serious adverse effects to human health, and the environment;
and
``(C) a description of any specific considerations that led
to the implementation or rejection of each such method,
including--
``(i) requirements under this title;
``(ii) cost;
``(iii) liability for a chemical facility terrorist
incident;
``(iv) cost savings, including whether the method would
eliminate or reduce other security costs or requirements;
``(v) the availability of a replacement for a substance of
concern, technology, or process that would be eliminated or
altered as a result of the implementation of the method;
``(vi) the applicability of any considered replacement for
the substance of concern, technology, or process to the
chemical facility; and
``(vii) any other factor that the owner or operator of the
chemical facility considered in judging the practicability of
each method to reduce the consequences of a terrorist attack.
``(3) Deadline.--The deadlines for submission and review of
an assessment for a facility described in this subsection
shall be the same as the deadline for submission and review
of the facility security plan or relevant documents submitted
to the Secretary by the facility for the purposes of
complying with section 1803.
``(c) Review and Implementation.--
``(1) Review.--Not later than 180 days after receiving an
assessment described in subsection (b), the Secretary shall
review the assessment and provide written notice to the owner
or operator of a chemical facility required to conduct an
assessment under subsection (b) if the Secretary determines
that the assessment described in subsection (b) is
inadequate.
``(2) Consultation.--The Secretary shall consult with the
heads of other Federal, State, and local agencies, including
the Chemical Safety and Hazard Investigation Board and the
Environmental Protection Agency, in determining whether the
assessment described in subsection (b) is adequate.
``(3) Implementation.--The owner or operator of a chemical
facility required to conduct an assessment under subsection
(b) shall implement methods to reduce the consequences of a
terrorist attack on the chemical facility if the Secretary
determines, based on an assessment in subsection (b), that
the implementation of methods to reduce the consequences of a
terrorist attack at the high-risk chemical facility
``(A) would significantly reduce the risk of death, injury,
or serious adverse effects to human health or the environment
resulting from a terrorist release;
``(B) can feasibly be incorporated into the operation of
the facility; and
``(C) would not significantly and demonstrably impair the
ability of the owner or operator of the facility to continue
the business of the facility.
``(4) Reconsideration.--
``(A) In general.--An owner or operator of a chemical
facility that determines that it is unable to comply with the
Secretary's determination under subsection (c)(3) shall,
within 60 days of receipt of the Secretary's determination,
provide to the Panel on Methods to Reduce the Consequences of
a Terrorist Attack a written explanation that includes the
reasons thereto.
``(B) Review.--Not later than 60 days of receipt of an
explanation submitted under subsection (c)(4)(A), the Panel
on Methods to Reduce the Consequences of a Terrorist Attack,
after an opportunity for the owner or operator of a chemical
facility to meet with the Panel on Methods to Reduce the
Consequences of a Terrorist Attack, shall provide a written
determination regarding the adequacy of the explanation, and
shall, if appropriate, include recommendations to the
chemical facility that would assist the facility in its
assessment and implementation.
``(C) Notification.--Not later than 60 days after the date
of the receipt of the written determination described under
subsection (c)(4)(B), the owner or operator of the chemical
facility shall provide to the Secretary written notification
of the owner or operator's plans to implement methods to
reduce the consequences of a terrorist attack recommended by
the Panel on Methods to Reduce the Consequences of a
Terrorist Attack.
``(D) Compliance.--If the facility does not implement the
recommendations made by the Panel on Methods to Reduce the
Consequences of a Terrorist Attack, the Secretary may, within
60 days of receipt of the plans described in (4)(C), issue an
order requiring the owner or operator to implement such
methods by a specified date.
``(E) Panel on methods to reduce the consequences of a
terrorist attack.--The Panel on Methods to Reduce the
Consequences of a Terrorist Attack shall be chaired by the
Secretary (or the Secretary's designee) and shall include
representatives, chosen by the Secretary, of other
appropriate Federal and State agencies, independent security
experts and the chemical industry.
``(d) Alternative Approaches Clearinghouse.--
``(1) Establishment.--The Secretary shall establish a
publicly available clearinghouse for the compilation and
dissemination of information on the use and availability of
methods to reduce the consequences of a terrorist attack at a
chemical facility.
``(2) Inclusions.--The clearinghouse required under
paragraph (1) shall include information on--
``(A) general and specific types of such methods;
``(B) combinations of chemical sources, substances of
concern, and hazardous processes or conditions for which such
methods could be appropriate;
``(C) the availability of specific methods to reduce the
consequences of a terrorist attack;

[[Page S9523]]

``(D) the costs and cost savings resulting from the use of
such methods;
``(E) technological transfer;
``(F) the availability of technical assistance; and
``(G) such other information as the Secretary determines is
appropriate.
``(3) Collection of information.--The Secretary shall
collect information for the clearinghouse--
``(A) from documents submitted by owners or operators
pursuant to this title;
``(B) by surveying owners or operators who have registered
their facilities pursuant to part 68 of title 40 Code of
Federal Regulations (or successor regulations); and
``(C) through such other methods as the Secretary deems
appropriate.
``(4) Public availability.--Information available publicly
through the clearinghouse shall not identify any specific
facility or violate the protection of information provisions
under section 1808.
``(e) Protected Information.--An assessment prepared under
subsection (b) is protected information for the purposes of
section 1808(f).

``SEC. 1811. ANNUAL REPORT TO CONGRESS.

``(a) Annual Report.--Not later than one year after the
date of enactment of the Chemical Facility Anti-Terrorism Act
of 2006 and annually thereafter, the Secretary shall publish
a report on progress in achieving compliance with this title,
including--
``(1) an assessment of the effectiveness of the facility
security plans developed under this title;
``(2) any lessons learned in implementing this title
(including as a result of a red-team exercise); and
``(3) any recommendations of the Secretary to improve the
programs, plans, and procedures under this title, including
the feasibility of programs to increase the number of
economically disadvantaged businesses eligible to perform
third party entity responsibilities pursuant to sections
1803(e)(5), 1804(b) and (c), and 1805(b)(1).
``(b) Protected Information.--A report under this section
may not include information protected under section 1808.

``SEC. 1812. APPLICABILITY.

``This title shall not apply to--
``(1) any facility that is owned and operated by the
Department of Defense, the Department of Justice, or the
Department of Energy;
``(2) the transportation in commerce, including incidental
storage, of any substance of concern regulated as a hazardous
material under chapter 51 of title 49, United States Code; or
``(3) any facility that is owned or operated by a licensee
or certificate holder of the Nuclear Regulatory Commission.

``SEC. 1813. SAVINGS CLAUSE.

``Nothing in this title is intended to affect section 112
of the Clean Air Act (42 U.S.C. 7412), the Clean Water Act,
the Resource Conservation and Recovery Act, the National
Environmental Policy Act of 1969, and the Occupational Safety
and Health Act.

``SEC. 1814. OFFICE OF CHEMICAL FACILITY SECURITY.

``There is in the Department an Office of Chemical Facility
Security. The head of the Office of Chemical Facility
Security is responsible for carrying out the responsibilities
of the Secretary under this title.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
adding at the end the following:

``TITLE XVIII--REGULATION OF CHEMICAL FACILITIES

``Sec. 1801. Definitions.
``Sec. 1802. Designation and ranking of chemical facilities.
``Sec. 1803. Vulnerability assessments and facility security plans.
``Sec. 1804. Record keeping; site inspections.
``Sec. 1805. Enforcement.
``Sec. 1806. Penalties.
``Sec. 1807. State and other laws.
``Sec. 1808. Protection of information.
``Sec. 1809. Certification of third-party entities.
``Sec. 1810. Methods to reduce the consequences of a terrorist attack.
``Sec. 1811. Annual report to Congress.
``Sec. 1812. Applicability.
``Sec. 1813. Savings clause.
``Sec. 1814. Office of Chemical Facility Security.

SEC. 503. REPORT TO CONGRESS.

(a) Updated Report.--Not later than 1 year after the date
of enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives an update of the national strategy
for the chemical sector that was required to be submitted by
the Secretary to the Committee on Appropriations of the House
of Representatives and the Committee of Appropriations of the
Senate by not later than February 10, 2006.
(b) Protected Information.--The report under subsection (a)
may not include information protected under section 1808 of
the Homeland Security Act of 2002, as added by this Act.

SEC. 504. INSPECTOR GENERAL REPORT.

(a) Report Required.--Not later than 1 year after the date
on which regulations are issued under section 505(a), the
Inspector General of the Department shall submit a report to
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives that reviews the effectiveness of
the implementation of title XVIII of the Homeland Security
Act of 2002, as added by this Act, including the
effectiveness of facility security plans required under such
title and any recommendations to improve the programs, plans,
and procedures required under such title, including the
feasibility of programs to increase the number of
economically disadvantaged businesses eligible to perform
third party entity responsibilities pursuant to sections
1803(e)(5), 1804(b) and (c), and 1805(b)(1) of such title.
(b) Classified Annex.--The Inspector General may issue a
classified annex to the report required under subsection (a),
if the Inspector General determines a classified annex is
necessary.

SEC. 505. DEADLINE FOR REGULATIONS.

(a) Interim Final Rule Authority.--Not later than 1 year
after the date of enactment of this Act, and without regard
to chapter 5 of title 5, United States Code, the Secretary of
Homeland Security shall issue an interim final rule as a
temporary regulation implementing section 1803(a) of the
Homeland Security Act of 2002, as added by this Act. All
regulations issued under the authority of this subsection
that are not earlier superseded by final regulations shall
expire not later than 2 years after the date of enactment of
this Act.
(b) Initiation of Rulemaking.--The Secretary may initiate a
rulemaking to implement this title (including the amendments
made by this title) as soon as practicable after the date of
enactment of this Act. The final rule issued under that
rulemaking may supersede the interim final rule promulgated
under subsection (a).

SEC. 506. CHEMICAL FACILITY TRAINING PROGRAM.

(a) In General.--Subtitle A of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 361) is amended by adding at
the end the following:

``SEC. 802. CHEMICAL FACILITY TRAINING PROGRAM.

``(a) In General.--The Secretary, acting through the
Departmental official with general responsibility for
training and in coordination with components of the
Department with chemical facility security expertise, shall
establish a Chemical Facility Security Training Program
(hereinafter in this section referred to as the `Program')
for the purpose of enhancing the capabilities of chemical
facilities to prevent, prepare for, respond to, mitigate
against, and recover from threatened or actual acts of
terrorism.
``(b) Requirements.--The Program shall provide voluntary
training that--
``(1) reaches multiple disciplines, including Federal,
State, and local government officials, chemical facility
owners, operators and employees and governmental and
nongovernmental emergency response providers;
``(2) utilizes multiple training mediums and methods;
``(3) addresses chemical facility security and facility
security plans, including--
``(A) facility security plans and procedures for differing
threat levels;
``(B) physical security, security equipment and systems,
access control, and methods for preventing and countering
theft;
``(C) recognition and detection of weapons and devices;
``(D) security incident procedures, including procedures
for communicating with emergency response providers;
``(E) evacuation procedures and use of appropriate personal
protective equipment; and
``(F) other requirements that the Secretary deems
appropriate;
``(4) is consistent with, and supports implementation of,
the National Incident Management System, the National
Response Plan, the National Infrastructure Protection Plan,
the National Preparedness Guidance, the National Preparedness
Goal, and other national initiatives;
``(5) includes consideration of existing security and
hazardous chemical training programs including Federal or
industry programs; and
``(6) is evaluated against clear and consistent performance
measures.
``(c) National Voluntary Consensus Standards.--The
Secretary shall--
``(1) support the promulgation, and regular updating as
necessary of national voluntary consensus standards for
chemical facility security training ensuring that training is
consistent with such standards; and
``(2) ensure that the training provided under this section
is consistent with such standards.
``(d) Training Partners.--In developing and delivering
training under the Program, the Secretary shall--
``(1) work with government training programs, facilities,
academic institutions, industry and private organizations,
employee organizations, and other relevant entities that
provide specialized, state-of-the-art training; and
``(2) utilize, as appropriate, training provided by
industry, public safety academies, Federal programs, employee
organizations, State and private colleges and universities,
and other facilities.''
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 is amended by
inserting after the item relating to section 801 the
following:

``Sec. 802. Chemical facility training program.''.

[[Page S9524]]

______

SA 4988. Mr. LAUTENBERG submitted an amendment intended to be
proposed by him to the bill H.R. 4954, to improve maritime and cargo
security through enhanced layered defenses, and for other purposes; as
follows:

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.
(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

[[Page S9525]]

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,
the House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security 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.

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.

[[Page S9526]]

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 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.''.
______

SA 4989. Ms. COLLINS (for herself and Mr. Lieberman) submitted an
amendment intended to be proposed by him to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. ___. INTEROPERABLE COMMUNICATIONS.

(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 331 et seq.) is amended--
(1) by inserting after the title heading the following:

``Subtitle A--Preparedness and Response'';

and
(2) by adding at the end the following:

``Subtitle B--Emergency Communications

``SEC. 551. DEFINITIONS.

``In this subtitle--
``(1) the term `Administrator' means the Administrator of
the Agency;
``(2) the term `Agency' means the Federal Emergency
Management Agency;
``(3) the term `eligible region' means--
``(A) 2 or more contiguous incorporated municipalities,
counties, parishes, Indian tribes, or other general purpose
jurisdictions that--
``(i) have joined together to enhance emergency
communications capabilities or communications
interoperability among emergency response providers in those
jurisdictions and with State and Federal officials; and
``(ii) includes the largest city in any metropolitan
statistical area or metropolitan division, as defined by the
Office of Management and Budget; or
``(B) any other area the Secretary determines to be
consistent with the definition of a region in the national
preparedness guidance issued under Homeland Security
Presidential Directive 8;
``(4) the term `emergency communications capabilities'
means the ability to provide and maintain, throughout an
emergency response operation, a continuous flow of
information among emergency response providers, emergency
response agencies, and government officials from multiple
disciplines and jurisdictions and at all levels of
government, in the event of a natural or man-made disaster
(including where there has been significant damage to, or
destruction of, critical infrastructure (including
substantial loss of ordinary telecommunications
infrastructure and sustained loss of electricity));
``(5) the terms `interoperable emergency communications
system' and `communications interoperability' mean the
ability of emergency response providers and relevant Federal,
State, and local government officials to--
``(A) communicate with each other as necessary, using
information technology systems and radio communications
systems; and
``(B) exchange voice, data, or video with each other on
demand, in real time, as necessary;
``(6) the term `National Emergency Communications Strategy'
means the strategy established under section 553; and
``(7) the term `Office of Emergency Communications' means
the office established under section 552.

``SEC. 552. OFFICE OF EMERGENCY COMMUNICATIONS.

``(a) In General.--There is established in the Agency an
Office of Emergency Communications.
``(b) Director.--The head of the Office of Emergency
Communications shall be the Director for Emergency
Communications. The Director shall report to the Assistant
Secretary for Cybersecurity and Telecommunications.
``(c) Responsibilities.--The Director for Emergency
Communications shall--
``(1) assist the Secretary and the Administrator in
developing and implementing the program described in section
7303(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(a)(1));
``(2) carry out the responsibilities and authorities of the
Department relating to the

[[Page S9527]]

development and implementation of a strategy to achieve
national communications interoperability and emergency
communications capabilities and promulgating grant guidance
for that purpose;
``(3) carry out the responsibilities under section 509;
``(4) conduct extensive, nationwide outreach and foster the
development of emergency communications capabilities and
interoperable communications systems by Federal, State, and
local governments and public safety agencies, and by regional
consortia thereof, by--
``(A) developing, updating, and implementing a national
strategy to achieve emergency communications capabilities,
with goals and timetables;
``(B) developing, updating, and implementing a national
strategy to achieve communications interoperability, with
goals and timetables;
``(C) developing a national architecture, which defines the
components of an interoperable system and how the components
are constructed;
``(D) establishing and maintaining a task force that
represents the broad customer base of public safety agencies
of State and local governments, and Federal agencies,
involved in public safety disciplines such as law
enforcement, firefighting, emergency medical services, public
health, and disaster recovery, in order to receive input and
coordinate efforts to achieve emergency communications
capabilities and communications interoperability;
``(E) working with the Interoperable Communications
Technical Assistance Program to provide technical assistance
to State and local government officials;
``(F) promoting a greater understanding of the importance
of emergency communications capabilities, communications
interoperability, and the benefits of sharing resources among
all levels of Federal, State, and local government;
``(G) promoting development of standard operating
procedures for incident response and facilitating the sharing
of information on best practices (including from governments
abroad) for achieving emergency communications capabilities
and communications interoperability;
``(H) making recommendations to Congress about any changes
in Federal law necessary to remove barriers to achieving
emergency communications capabilities and communications
interoperability;
``(I) funding and conducting pilot programs, as necessary,
in order to--
``(i) evaluate and validate technology concepts in real-
world environments to achieve emergency communications
capabilities and communications interoperability;
``(ii) encourage more efficient use of resources, including
equipment and spectrum; and
``(iii) test and deploy public safety communications
systems that are less prone to failure, support nonvoice
services, consume less spectrum, and cost less;
``(J) liaisoning with the private sector to develop
solutions to improve emergency communications capabilities
and achieve communications interoperability;
``(K) using modeling and simulation for training exercises
and command and control functions at the operational level;
and
``(L) performing other functions necessary to improve
emergency communications capabilities and achieve
communications interoperability;
``(5) administer the responsibilities and authorities of
the Department relating to the Integrated Wireless Network
Program;
``(6) administer the responsibilities and authorities of
the Department relating to the National Communications
System;
``(7) administer the responsibilities and authorities of
the Department related to the Emergency Alert System and the
Integrated Public Alert and Warning System;
``(8) establish an effective, reliable, integrated,
flexible, and comprehensive system to alert and warn the
people of the United States in the event of a natural or man-
made disaster;
``(9) administer the responsibilities and authorities of
the Department relating to Office of Interoperability and
Compatibility;
``(10) coordinate the establishment of a national response
capability with initial and ongoing planning, implementation,
and training for the deployment of backup communications
services in the event of a catastrophic loss of local and
regional emergency communications services;
``(11) assist the President, the National Security Council,
the Homeland Security Council, the Director of the Office of
Science and Technology Policy, and the Director of the Office
of Management and Budget in ensuring emergency communications
capabilities;
``(12) review, in consultation with the Assistant Secretary
for Grants and Training, all interoperable emergency
communications plans of Federal, State, and local
governments, including Statewide and tactical
interoperability plans; and
``(13) create an interactive database that contains an
inventory of emergency communications assets maintained by
the Federal Government and, where appropriate, State and
local governments and the private sector, that--
``(A) can be deployed rapidly following a natural or man-
made disaster to assist emergency response providers and
State and local governments; and
``(B) includes land mobile radio systems, satellite phones,
portable infrastructure equipment, backup power system
equipment, and other appropriate equipment and systems.

``SEC. 553. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY.

``(a) In General.--Not later than 180 days after the
completion of the baseline assessment under section 554, and
in cooperation with State and local governments, Federal
departments and agencies, emergency response providers, and
the private sector, the Administrator, acting through the
Director for Emergency Communications, shall develop a
National Emergency Communications Strategy to achieve
national emergency communications capabilities and
interoperable emergency communications.
``(b) Contents.--The National Emergency Communication
Strategy shall--
``(1) include, in consultation with the National Institute
of Standards and Technology, a process for expediting
national voluntary consensus-based emergency communications
equipment standards for the purchase and use by public safety
agencies of interoperable emergency communications equipment
and technologies;
``(2) identify the appropriate emergency communications
capabilities and communications interoperability necessary
for Federal, State, and local governments to operate during
natural and man-made disasters;
``(3) address both short-term and long-term solutions to
achieving Federal, State, and local government emergency
communications capabilities and interoperable emergency
communications systems, including provision of commercially
available equipment that facilitates operability,
interoperability, coordination, and integration among
emergency communications systems;
``(4) identify how Federal departments and agencies that
respond to natural or man-made disasters can work effectively
with State and local governments, in all States, and with
such other entities as are necessary to implement the
strategy;
``(5) include measures to identify and overcome all
obstacles to achieving interoperable emergency
communications;
``(6) set goals and establish timetables for the
development of an emergency, command-level communication
system based on equipment available across the United States
and a nationwide interoperable emergency communications
system;
``(7) identify appropriate and reasonable measures public
safety agencies should employ to ensure that their network
infrastructure remains operable during a natural or man-made
disaster;
``(8) include education of State and local government
emergency response providers about the availability of backup
emergency communications assets and their importance in
planning for natural and man-made disasters;
``(9) identify, in consultation with the Federal
Communications Commission, measures State and local
governments should employ to ensure operability of 911, E911
and public safety answering points during natural and man-
made disasters; and
``(10) include building the capability to adapt the
distribution and content of emergency alerts on the basis of
geographic location, risks, or personal user preferences, as
appropriate.

``SEC. 554. ASSESSMENTS AND REPORTS.

``(a) Baseline Operability and Interoperability
Assessment.--Not later than June 1, 2007, and periodically
thereafter, but not less frequently than every 5 years, the
Administrator, acting through the Director for Emergency
Communications, shall conduct an assessment of Federal,
State, and local governments to--
``(1) define the range of emergency communications
capabilities and communications interoperability needed for
specific events;
``(2) assess the capabilities to meet such communications
needs;
``(3) determine the degree to which necessary emergency
communications capabilities and communications
interoperability have been achieved;
``(4) ascertain the needs that remain for communications
interoperability to be achieved;
``(5) assess the ability of communities to provide and
maintain emergency communications capabilities and
communications interoperability among emergency response
providers, and government officials in the event of a natural
or man-made disaster, including when there is substantial
damage to ordinary communications infrastructure or a
sustained loss of electricity;
``(6) include a national interoperable emergency
communication inventory that--
``(A) identifies for each Federal department and agency--
``(i) the channels and frequencies used;
``(ii) the nomenclature used to refer to each channel or
frequency used; and
``(iii) the types of communications system and equipment
used;
``(B) identifies the interoperable emergency communication
systems in use for public safety systems in the United
States; and
``(C) provides a listing of public safety mutual aid
channels in operation and their ability to connect to an
interoperable emergency communications system; and
``(7) compile a list of best practices among communities
for providing and maintaining emergency communications
capabilities and

[[Page S9528]]

communications interoperability in the event of a natural or
man-made disaster.
``(b) Mobile Communications.--The Administrator, acting
through the Director of Emergency Communications, shall
evaluate the feasibility and desirability of the Department
developing, on its own or in conjunction with the Department
of Defense, a mobile communications capability, modeled on
the Army Signal Corps, that could be deployed to support
emergency communications at the site of a natural or man-made
disaster.
``(c) Annual Report.--Not later than 1 year after the date
of enactment of the Port Security Improvements Act of 2006,
and annually thereafter until the date that is 10 years after
such date, the Administrator, acting through the Director for
Emergency Communications, shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report on the progress of the Department in
implementing and achieving the goals of this subtitle,
including a description of the findings of the most recent
nationwide assessment conducted under subsection (a).

``SEC. 555. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS
GRANT PROGRAMS.

``(a) Assessment of Grants and Standards Programs.--The
Secretary, acting through the Director for Emergency
Communications, in coordination with other Federal
departments and agencies, shall review Federal emergency
communications grants and standards programs across the
Federal government to--
``(1) integrate and coordinate Federal grant guidelines for
the use of Federal assistance relating to interoperable
emergency communications and emergency communications
capabilities;
``(2) assess and make recommendations to ensure that such
guidelines are consistent across the Federal Government; and
``(3) assess and make recommendations to ensure conformity
with the goals and objectives identified in the National
Emergency Communications Strategy.
``(b) Denial of Eligibility for Grants.--
``(1) In general.--The Secretary may prohibit any State or
local government from using Federal homeland security
assistance administered by the Department to achieve,
maintain, or enhance interoperable emergency communications
capabilities if--
``(A) such government has not complied with the requirement
to submit a Statewide Interoperable Communications Plan under
section 7303(f) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(f));
``(B) the State or local government has not taken adequate
steps to maintain operability of network infrastructure in
order to prepare for a natural or man-made disaster; or
``(C) a grant request does not comply with interoperable
communications equipment standards, after those standards
have been developed through a voluntary consensus-based
process or are promulgated under the authority under
paragraph (2).
``(2) Standards.--If the Secretary determines that
inadequate progress is being made on the completion of
voluntary consensus-based interoperable communications
equipment standards, the Secretary may promulgate such
standards and include them in interoperable communications
grant guidance.

``SEC. 556. EMERGENCY COMMUNICATIONS INTEROPERABILITY
RESEARCH AND DEVELOPMENT.

``(a) In General.--The Secretary shall establish a
comprehensive research and development program to promote
emergency communications capabilities and communications
interoperability among emergency response providers,
including by promoting research on a competitive basis
through the Directorate of Science and Technology Homeland
Security Advanced Research Projects Agency.
``(b) Purposes.--The purposes of the program established
under subsection (a) include--
``(1) understanding the strengths and weaknesses of the
diverse public safety communications systems;
``(2) examining how current and emerging technology can
make public safety organizations more effective, and how
Federal, State, and local government agencies can use this
technology in a coherent and cost-effective manner;
``(3) exploring Federal, State, and local government
policies that shall move systematically towards long-term
solutions;
``(4) evaluating and validating technology concepts, and
promoting the deployment of advanced public safety
information technologies for emergency communications
capabilities and communications interoperability; and
``(5) advancing the creation of a national strategy to
enhance emergency communications capabilities, promote
communications interoperability and efficient use of spectrum
in communications systems, improve information sharing across
organizations, and use advanced information technology to
increase the effectiveness of emergency response providers in
valuable new ways.

``SEC. 557. EMERGENCY COMMUNICATIONS PILOT PROJECTS.

``(a) Establishment.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Port Security Improvements Act of 2006, the
Administrator shall establish not fewer than 2 pilot projects
to develop and evaluate strategies and technologies for
providing and maintaining emergency communications
capabilities and communications interoperability among
emergency response providers and government officials in the
event of a natural or man-made disaster in which there is
significant damage to, or destruction of, critical
infrastructure, including substantial loss of ordinary
telecommunications infrastructure and sustained loss of
electricity.
``(2) Interoperable data communications.--Not less than 1
pilot project under this section shall involve the
development of interoperable data communications, including
medical and victim information, so that this information can
be shared among emergency response providers, as needed, at
all levels of government, and in accordance with the
regulations promulgated under the Health Insurance
Portability and Accountability Act of 1996 (Public Law 104-
91; 110 Stat. 1936).
``(b) Selection Criteria.--In selecting areas for the
location of the pilot projects under this section, the
Administrator shall consider--
``(1) the risk to the area from a large-scale terrorist
attack or natural disaster;
``(2) the number of potential victims from a large-scale
terrorist attack or natural disaster in the area;
``(3) the capabilities of the emergency communications
systems of the area and capabilities for the development of
modeling and simulation training and command and control
functions; and
``(4) such other criteria as the Administrator may
determine appropriate.

``SEC. 558. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY
GRANTS.

``(a) In General.--The Administrator, through the Office of
the Grants and Training, shall make grants to States and
eligible regions for initiatives necessary to improve
emergency communications capabilities and to achieve short-
term or long-term solutions to statewide, regional, national,
and, where appropriate, international interoperability.
``(b) Use of Grant Funds.--Grants awarded under subsection
(a) may be used for initiatives to achieve short-term or
long-term solutions for emergency communications capabilities
and communications interoperability within the State or
region and to assist with any aspect of the communication
life cycle, including--
``(1) statewide or regional communications planning;
``(2) system design and engineering;
``(3) procurement and installation of equipment;
``(4) exercises;
``(5) modeling and simulation exercises for operational
command and control functions;
``(6) other activities determined by the Administrator to
be integral to the achievement of emergency communications
capabilities and communications interoperability; and
``(7) technical assistance and training.
``(c) Coordination.--The Administrator shall ensure that
the Office of Grants and Training coordinates its activities
with the Office of Emergency Communications, the Directorate
of Science and Technology and other Federal entities so that
grants awarded under this section, and other grant programs
related to homeland security, fulfill the purposes of this
section and facilitate the achievement of emergency
communications capabilities and communications
interoperability consistent with the national strategy.
``(d) Application.--
``(1) In general.--A State or eligible region desiring a
grant under this section shall submit an application at such
time, in such manner, and accompanied by such information as
the Administrator may reasonably require.
``(2) Minimum contents.--At a minimum, each application
submitted under paragraph (1) shall--
``(A) identify the critical aspects of the communications
life cycle, including planning, system design and
engineering, procurement and installation, and training for
which funding is requested;
``(B) describe how--
``(i) the proposed use of funds would be consistent with
and address the goals in any applicable State homeland
security plan, and, unless the Secretary determines
otherwise, is consistent with the national strategy and
architecture; and
``(ii) the applicant intends to spend funds under the
grant, to administer such funds, and to allocate such funds
among any participating local governments; and
``(C) be consistent with the Interoperable Communications
Plan required by section 7303(f) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
``(e) State Review and Submission.--
``(1) In general.--To ensure consistency with State
homeland security plans, an eligible region applying for a
grant under this section shall submit its application to each
State within which any part of the eligible region is located
for review before submission of such application to the
Administrator.
``(2) Deadline.--Not later than 30 days after receiving an
application from an eligible region under paragraph (1), each
such State shall transmit the application to the
Administrator.
``(3) State disagreement.--If the Governor of any such
State determines that a regional

[[Page S9529]]

application is inconsistent with the State homeland security
plan of that State, or otherwise does not support the
application, the Governor shall--
``(A) notify the Administrator in writing of that fact; and
``(B) provide an explanation of the reasons for not
supporting the application at the time of transmission of the
application.
``(f) Award of Grants.--
``(1) Considerations.--In approving applications and
awarding grants under this section, the Administrator shall
consider--
``(A) the nature of the threat to the State or eligible
region from natural or man-made disasters;
``(B) the location, risk, or vulnerability of critical
infrastructure and key national assets, including the
consequences from damage to critical infrastructure in nearby
jurisdictions as a result of a natural or man-made disaster;
``(C) the size of the population, and the population
density of the area, that will be served by the interoperable
emergency communications systems, except that the Secretary
shall not establish a minimum population requirement that
would disqualify from consideration an area that otherwise
faces significant threats, vulnerabilities, or consequences
from a natural or man-made disaster;
``(D) the extent to which grants will be used to implement
emergency communications and interoperability solutions--
``(i) consistent with the national strategy and compatible
with national infrastructure and equipment standards; and
``(ii) more efficient and cost effective than current
approaches;
``(E) the number of jurisdictions within regions
participating in the development of emergency communications
capabilities and interoperable emergency communications
systems, including the extent to which the application
includes all incorporated municipalities, counties, parishes,
and tribal governments within the State or eligible region,
and their coordination with Federal and State agencies;
``(F) the extent to which a grant would expedite the
achievement of emergency communications capabilities and
communications interoperability in the State or eligible
region with Federal, State, and local government agencies;
``(G) the extent to which a State or eligible region, given
its financial capability, demonstrates its commitment to
expeditiously achieving emergency communications capabilities
and communications interoperability by supplementing Federal
funds with non-Federal funds;
``(H) whether the State or eligible region is on or near an
international border;
``(I) whether the State or eligible region encompasses an
economically significant border crossing;
``(J) whether the State or eligible region has a coastline
bordering an ocean or international waters including the
Great Lakes;
``(K) the extent to which geographic barriers pose unusual
obstacles to achieving emergency communications capabilities
or communications interoperability;
``(L) the threats, vulnerabilities, and consequences faced
by the State or eligible region related to at-risk sites or
activities in nearby jurisdictions, including the need to
respond to natural or man-made disasters arising in those
jurisdictions;
``(M) the need to achieve nationwide emergency
communications capabilities and communications
interoperability, consistent with the national strategies;
``(N) the extent to which the State has formulated a State
executive interoperability committee or conducted similar
statewide planning efforts;
``(O) whether the activity for which a grant requested is
being funded under another homeland security grant program;
and
``(P) such other factors as are specified by the Secretary
in writing.
``(2) Review panel.--
``(A) In general.--The Secretary shall establish a review
panel under section 871(a) to assist in reviewing grant
applications under this section.
``(B) Recommendations.--The review panel established under
subparagraph (A) shall make recommendations to the
Administrator regarding applications for grants under this
section.
``(C) Membership.--The review panel established under
subparagraph (A) shall include individuals with technical
expertise in emergency communications and communications
interoperability and emergency response providers and other
relevant State and local government officials.
``(3) Availability of funds.--Any grant funds awarded that
may be used to support emergency communications capabilities
or communications interoperability shall, as the
Administrator may determine, remain available for up to 3
years, consistent with section 7303(e) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(e)).''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to carry out subtitle B of title V of the
Homeland Security Act of 2002, as added by this Act--
(1) $400,000,000 for each of fiscal years 2007 through
2011; and
(2) such sums as are necessary for each fiscal year
thereafter.
(c) Conforming Amendments Relating to Intelligence
Reform.--Section 7303(g) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)) is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Interoperable emergency communications system and
communications interoperability.--The terms `interoperable
emergency communications system' and `communications
interoperability' mean the ability of emergency response
providers and relevant Federal, State, and local government
agencies to--
``(A) communicate with each other as necessary, using
information technology systems and radio communications
systems; and
``(B) exchange voice, data, or video with each other on
demand, in real time, as necessary.''; and
(2) by adding at the end the following:
``(3) Emergency communications capabilities.--The term
`emergency communications capabilities' means the ability to
provide and maintain, throughout an emergency response
operation, a continuous flow of information among emergency
responders, agencies, and government officials from multiple
disciplines and jurisdictions and at all levels of government
in the event of a natural disaster, terrorist attack, or
other large-scale or catastrophic emergency, including where
there has been significant damage to, or destruction of,
critical infrastructure, substantial loss of ordinary
telecommunications infrastructure, and sustained loss of
electricity.''.
(d) Border Interoperability Demonstration Projects.--
(1) Definitions.--In this subsection--
(A) the term ``demonstration project'' means a
demonstration project established under paragraph (2)(A); and
(B) the term ``interoperable emergency communications
system'' has the meaning given that term in section 551 of
the Homeland Security Act of 2002, as added by this Act.
(2) In general.--
(A) Establishment.--There is established in the Department
an ``International Border Community Interoperable
Communications Demonstration Project''.
(B) Minimum number of communities.--The Secretary shall
select not fewer than 6 communities to participate in a
demonstration project.
(C) Location of communities.--Not fewer than 3 of the
communities selected under subparagraph (B) shall be located
on the northern border of the United States and not fewer
than 3 of the communities selected under subparagraph (B)
shall be located on the southern border of the United States.
(3) Project requirements.--A demonstration project shall--
(A) address the interoperable emergency communications
system needs of police officers, firefighters, emergency
medical technicians, National Guard, and other emergency
response providers;
(B) foster interoperable emergency communications systems--
(i) among Federal, State, local, and tribal government
agencies in the United States involved in preventing or
responding to terrorist attacks or other catastrophic events;
and
(ii) with similar agencies in Canada or Mexico;
(C) identify common international cross-border frequencies
for communications equipment, including radio or computer
messaging equipment;
(D) foster the standardization of equipment for
interoperable emergency communications systems;
(E) identify solutions that will facilitate communications
interoperability across national borders expeditiously;
(F) ensure that emergency response providers can
communicate with each other and the public at disaster sites;
(G) provide training and equipment to enable emergency
response providers to deal with threats and contingencies in
a variety of environments; and
(H) identify and secure appropriate joint-use equipment to
ensure communications access.
(4) Distribution of funds.--
(A) In general.--The Secretary shall distribute funds under
this subsection to each community participating in a
demonstration project through the State, or States, in which
each community is located.
(B) Other participants.--Not later than 60 days after
receiving funds under subparagraph (A), a State receiving
funds under this subsection shall make the funds available to
the local governments and emergency response providers
selected by the Secretary to participate in a demonstration
project.
(5) Reporting.--Not later than December 31, 2007, and each
year thereafter in which funds are appropriated for a
demonstration project, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the
House of Representatives a report on the demonstration
projects.
(e) Technical Amendments.--
(1) In general.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by redesignating the section
510 relating to urban and other high risk area communications
capabilities as section 511.

[[Page S9530]]

(2) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(A) by inserting before the item relating to section 501
the following:

``Subtitle A--Preparedness and Response'';

and
(B) by adding after the item relating to section 509 the
following:

``Sec. 510. Procurement of security countermeasures for strategic
national stockpile.
``Sec. 511. Urban and other high risk area communications capabilities.

``Subtitle B--Emergency Communications

``Sec. 551. Definitions.
``Sec. 552. Office of Emergency Communications.
``Sec. 553. National Emergency Communications Strategy.
``Sec. 554. Assessments and reports.
``Sec. 555. Coordination of Federal emergency communications grant
programs.
``Sec. 556. Emergency communications interoperability research and
development.
``Sec. 557. Emergency communications pilot projects.
``Sec. 558. Emergency communications and interoperability grants.''.
______

SA 4990. Mr. SANTORUM submitted an amendment intended to be proposed
by him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; as follows:

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

SEC. 501. SHORT TITLE.

This title may be cited as the ``Border Security First Act
of 2006''.

SEC. 502. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.).

SEC. 503. DEFINITIONS.

In this title:
(1) Department.--Except as otherwise provided, the term
``Department'' means the Department of Homeland Security.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of Homeland Security.

SEC. 504. SEVERABILITY.

If any provision of this title, any amendment made by this
title, or the application of such provision or amendment to
any person or circumstance is held to be invalid for any
reason, the remainder of this title, the amendments made by
this title, and the application of the provisions of such to
any other person or circumstance shall not be affected by
such holding.

Subtitle A--Border Enforcement

CHAPTER 1--ASSETS FOR CONTROLLING UNITED STATES BORDERS

SEC. 511. ENFORCEMENT PERSONNEL.

(a) Additional Personnel.--
(1) Port of entry inspectors.--In each of the fiscal years
2007 through 2011, the Secretary shall, subject to the
availability of appropriations, increase by not less than 500
the number of positions for full-time active duty port of
entry inspectors and provide appropriate training, equipment,
and support to such additional inspectors.
(2) Investigative personnel.--
(A) Immigration and customs enforcement investigators.--
Section 5203 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734)
is amended by striking ``800'' and inserting ``1000''.
(B) Additional personnel.--In addition to the positions
authorized under section 5203 of the Intelligence Reform and
Terrorism Prevention Act of 2004, as amended by subparagraph
(A), during each of the fiscal years 2007 through 2011, the
Secretary shall, subject to the availability of
appropriations, increase by not less than 200 the number of
positions for personnel within the Department assigned to
investigate alien smuggling.
(3) Deputy united states marshals.--In each of the fiscal
years 2007 through 2011, the Attorney General shall, subject
to the availability of appropriations, increase by not less
than 50 the number of positions for full-time active duty
Deputy United States Marshals that investigate criminal
matters related to immigration.
(4) Recruitment of former military personnel.--
(A) In general.--The Commissioner of United States Customs
and Border Protection, in conjunction with the Secretary of
Defense or a designee of the Secretary of Defense, shall
establish a program to actively recruit members of the Army,
Navy, Air Force, Marine Corps, and Coast Guard who have
elected to separate from active duty.
(B) Report.--Not later than 180 days after the date of the
enactment of this Act, the Commissioner shall submit a report
on the implementation of the recruitment program established
pursuant to subparagraph (A) to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives.
(b) Authorization of Appropriations.--
(1) Port of entry inspectors.--There are authorized to be
appropriated to the Secretary such sums as may be necessary
for each of the fiscal years 2007 through 2011 to carry out
subsection (a)(1).
(2) Deputy united states marshals.--There are authorized to
be appropriated to the Attorney General such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a)(3).
(3) Border patrol agents.--Section 5202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734)
is amended to read as follows:

``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

``(a) Annual Increases.--The Secretary of Homeland Security
shall, subject to the availability of appropriations for such
purpose, increase the number of positions for full-time
active-duty border patrol agents within the Department of
Homeland Security (above the number of such positions for
which funds were appropriated for the preceding fiscal year),
by--
``(1) 2,000 in fiscal year 2006;
``(2) 2,400 in fiscal year 2007;
``(3) 2,400 in fiscal year 2008;
``(4) 2,400 in fiscal year 2009;
``(5) 2,400 in fiscal year 2010; and
``(6) 2,400 in fiscal year 2011.
``(b) Northern Border.--In each of the fiscal years 2006
through 2011, in addition to the border patrol agents
assigned along the northern border of the United States
during the previous fiscal year, the Secretary shall assign a
number of border patrol agents equal to not less than 20
percent of the net increase in border patrol agents during
each such fiscal year.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary
for each of fiscal years 2007 through 2011 to carry out this
section.''.

SEC. 512. TECHNOLOGICAL ASSETS.

(a) Acquisition.--Subject to the availability of
appropriations, the Secretary shall procure additional
unmanned aerial vehicles, cameras, poles, sensors, and other
technologies necessary to achieve operational control of the
international borders of the United States and to establish a
security perimeter known as a ``virtual fence'' along such
international borders to provide a barrier to illegal
immigration.
(b) Increased Availability of Equipment.--The Secretary and
the Secretary of Defense shall develop and implement a plan
to use authorities provided to the Secretary of Defense under
chapter 18 of title 10, United States Code, to increase the
availability and use of Department of Defense equipment,
including unmanned aerial vehicles, tethered aerostat radars,
and other surveillance equipment, to assist the Secretary in
carrying out surveillance activities conducted at or near the
international land borders of the United States to prevent
illegal immigration.
(c) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary and the Secretary of
Defense shall submit to Congress a report that contains--
(1) a description of the current use of Department of
Defense equipment to assist the Secretary in carrying out
surveillance of the international land borders of the United
States and assessment of the risks to citizens of the United
States and foreign policy interests associated with the use
of such equipment;
(2) the plan developed under subsection (b) to increase the
use of Department of Defense equipment to assist such
surveillance activities; and
(3) a description of the types of equipment and other
support to be provided by the Secretary of Defense under such
plan during the 1-year period beginning on the date of the
submission of the report.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a).
(e) Unmanned Aerial Vehicle Pilot Program.--During the 1-
year period beginning on the date on which the report is
submitted under subsection (c), the Secretary shall conduct a
pilot program to test unmanned aerial vehicles for border
surveillance along the international border between Canada
and the United States.
(f) Construction.--Nothing in this section may be construed
as altering or amending the prohibition on the use of any
part of the Army or the Air Force as a posse comitatus under
section 1385 of title 18, United States Code.

SEC. 513. INFRASTRUCTURE.

(a) Construction of Border Control Facilities.--Subject to
the availability of appropriations, the Secretary shall
construct all-weather roads and acquire additional vehicle
barriers and facilities necessary to achieve operational
control of the international borders of the United States.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of the fiscal years 2007 through 2011 to
carry out subsection (a).

SEC. 514. BORDER PATROL CHECKPOINTS.

The Secretary may maintain temporary or permanent
checkpoints on roadways in border patrol sectors that are
located in proximity to the international border between the
United States and Mexico.

SEC. 515. PORTS OF ENTRY.

The Secretary is authorized to--

[[Page S9531]]

(1) construct additional ports of entry along the
international land borders of the United States, at locations
to be determined by the Secretary; and
(2) make necessary improvements to the ports of entry in
existence on the date of the enactment of this Act.

SEC. 516. CONSTRUCTION OF STRATEGIC BORDER FENCING AND
VEHICLE BARRIERS.

(a) Tucson Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Tucson Sector located proximate to population
centers in Douglas, Nogales, Naco, and Lukeville, Arizona
with double- or triple-layered fencing running parallel to
the international border between the United States and
Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas, except
that the double- or triple-layered fence shall extend west of
Naco, Arizona, for a distance of 10 miles; and
(3) construct not less than 150 miles of vehicle barriers
and all-weather roads in the Tucson Sector running parallel
to the international border between the United States and
Mexico in areas that are known transit points for illegal
cross-border traffic.
(b) Yuma Sector.--The Secretary shall--
(1) replace all aged, deteriorating, or damaged primary
fencing in the Yuma Sector located proximate to population
centers in Yuma, Somerton, and San Luis, Arizona with double-
or triple-layered fencing running parallel to the
international border between the United States and Mexico;
(2) extend the double- or triple-layered fencing for a
distance of not less than 2 miles beyond urban areas in the
Yuma Sector; and
(3) construct not less than 50 miles of vehicle barriers
and all-weather roads in the Yuma Sector running parallel to
the international border between the United States and Mexico
in areas that are known transit points for illegal cross-
border traffic.
(c) Other High Trafficked Areas.--The Secretary shall
construct not less than 370 miles of triple-layered fencing
which may include portions already constructed in San Diego,
Tucson, and Yuma Sectors, and 500 miles of vehicle barriers
in other areas along the southwest border that the Secretary
determines are areas that are most often used by smugglers
and illegal aliens attempting to gain illegal entry into the
United States.
(d) Construction Deadline.--The Secretary shall immediately
commence construction of the fencing, barriers, and roads
described in subsections (a), (b), and (c) and shall complete
such construction not later than 2 years after the date of
the enactment of this Act.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit a report to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives
that describes the progress that has been made in
constructing the fencing, barriers, and roads described in
subsections (a), (b), and (c).
(f) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

CHAPTER 2--BORDER SECURITY PLANS, STRATEGIES, AND REPORTS

SEC. 521. SURVEILLANCE PLAN.

(a) Requirement for Plan.--The Secretary shall develop a
comprehensive plan for the systematic surveillance of the
international land and maritime borders of the United States.
(b) Content.--The plan required by subsection (a) shall
include the following:
(1) An assessment of existing technologies employed on the
international land and maritime borders of the United States.
(2) A description of the compatibility of new surveillance
technologies with surveillance technologies in use by the
Secretary on the date of the enactment of this Act.
(3) A description of how the Commissioner of the United
States Customs and Border Protection of the Department is
working, or is expected to work, with the Under Secretary for
Science and Technology of the Department to identify and test
surveillance technology.
(4) A description of the specific surveillance technology
to be deployed.
(5) Identification of any obstacles that may impede such
deployment.
(6) A detailed estimate of all costs associated with such
deployment and with continued maintenance of such
technologies.
(7) A description of how the Secretary is working with the
Administrator of the Federal Aviation Administration on
safety and airspace control issues associated with the use of
unmanned aerial vehicles.
(c) Submission to Congress.--Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
submit to Congress the plan required by this section.

SEC. 522. NATIONAL STRATEGY FOR BORDER SECURITY.

(a) Requirement for Strategy.--The Secretary, in
consultation with the heads of other appropriate Federal
agencies, shall develop a National Strategy for Border
Security that describes actions to be carried out to achieve
operational control over all ports of entry into the United
States and the international land and maritime borders of the
United States.
(b) Content.--The National Strategy for Border Security
shall include the following:
(1) The implementation schedule for the comprehensive plan
for systematic surveillance described in section 521.
(2) An assessment of the threat posed by terrorists and
terrorist groups that may try to infiltrate the United States
at locations along the international land and maritime
borders of the United States.
(3) A risk assessment for all United States ports of entry
and all portions of the international land and maritime
borders of the United States that includes a description of
activities being undertaken--
(A) to prevent the entry of terrorists, other unlawful
aliens, instruments of terrorism, narcotics, and other
contraband into the United States; and
(B) to protect critical infrastructure at or near such
ports of entry or borders.
(4) An assessment of the legal requirements that prevent
achieving and maintaining operational control over the entire
international land and maritime borders of the United States.
(5) An assessment of the most appropriate, practical, and
cost-effective means of defending the international land and
maritime borders of the United States against threats to
security and illegal transit, including intelligence
capacities, technology, equipment, personnel, and training
needed to address security vulnerabilities.
(6) An assessment of staffing needs for all border security
functions, taking into account threat and vulnerability
information pertaining to the borders and the impact of new
security programs, policies, and technologies.
(7) A description of the border security roles and missions
of Federal, State, regional, local, and tribal authorities,
and recommendations regarding actions the Secretary can carry
out to improve coordination with such authorities to enable
border security and enforcement activities to be carried out
in a more efficient and effective manner.
(8) An assessment of existing efforts and technologies used
for border security and the effect of the use of such efforts
and technologies on civil rights, personal property rights,
privacy rights, and civil liberties, including an assessment
of efforts to take into account asylum seekers, trafficking
victims, unaccompanied minor aliens, and other vulnerable
populations.
(9) A prioritized list of research and development
objectives to enhance the security of the international land
and maritime borders of the United States.
(10) A description of ways to ensure that the free flow of
travel and commerce is not diminished by efforts, activities,
and programs aimed at securing the international land and
maritime borders of the United States.
(11) An assessment of additional detention facilities and
beds that are needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States.
(12) A description of the performance metrics to be used to
ensure accountability by the bureaus of the Department in
implementing such Strategy.
(13) A schedule for the implementation of the security
measures described in such Strategy, including a
prioritization of security measures, realistic deadlines for
addressing the security and enforcement needs, an estimate of
the resources needed to carry out such measures, and a
description of how such resources should be allocated.
(c) Consultation.--In developing the National Strategy for
Border Security, the Secretary shall consult with
representatives of--
(1) State, local, and tribal authorities with
responsibility for locations along the international land and
maritime borders of the United States; and
(2) appropriate private sector entities, nongovernmental
organizations, and affected communities that have expertise
in areas related to border security.
(d) Coordination.--The National Strategy for Border
Security shall be consistent with the National Strategy for
Maritime Security developed pursuant to Homeland Security
Presidential Directive 13, dated December 21, 2004.
(e) Submission to Congress.--
(1) Strategy.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to Congress
the National Strategy for Border Security.
(2) Updates.--The Secretary shall submit to Congress any
update of such Strategy that the Secretary determines is
necessary, not later than 30 days after such update is
developed.
(f) Immediate Action.--Nothing in this section or section
521 may be construed to relieve the Secretary of the
responsibility to take all actions necessary and appropriate
to achieve and maintain operational control over the entire
international land and maritime borders of the United States.

SEC. 523. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON
NORTH AMERICAN SECURITY.

(a) Requirement for Reports.--Not later than 1 year after
the date of the enactment of this Act, and annually
thereafter, the Secretary of State, in coordination with the
Secretary and the heads of other appropriate Federal
agencies, shall submit to Congress a report on improving the
exchange of information related to the security of North
America.
(b) Contents.--Each report submitted under subsection (a)
shall contain a description of the following:
(1) Security clearances and document integrity.--The
progress made toward the development of common enrollment,
security,

[[Page S9532]]

technical, and biometric standards for the issuance,
authentication, validation, and repudiation of secure
documents, including--
(A) technical and biometric standards based on best
practices and consistent with international standards for the
issuance, authentication, validation, and repudiation of
travel documents, including--
(i) passports;
(ii) visas; and
(iii) permanent resident cards;
(B) working with Canada and Mexico to encourage foreign
governments to enact laws to combat alien smuggling and
trafficking, and laws to forbid the use and manufacture of
fraudulent travel documents and to promote information
sharing;
(C) applying the necessary pressures and support to ensure
that other countries meet proper travel document standards
and are committed to travel document verification before the
citizens of such countries travel internationally, including
travel by such citizens to the United States; and
(D) providing technical assistance for the development and
maintenance of a national database built upon identified best
practices for biometrics associated with visa and travel
documents.
(2) Immigration and visa management.--The progress of
efforts to share information regarding high-risk individuals
who may attempt to enter Canada, Mexico, or the United
States, including the progress made--
(A) in implementing the Statement of Mutual Understanding
on Information Sharing, signed by Canada and the United
States in February 2003; and
(B) in identifying trends related to immigration fraud,
including asylum and document fraud, and to analyze such
trends.
(3) Visa policy coordination and immigration security.--The
progress made by Canada, Mexico, and the United States to
enhance the security of North America by cooperating on visa
policy and identifying best practices regarding immigration
security, including the progress made--
(A) in enhancing consultation among officials who issue
visas at the consulates or embassies of Canada, Mexico, or
the United States throughout the world to share information,
trends, and best practices on visa flows;
(B) in comparing the procedures and policies of Canada and
the United States related to visitor visa processing,
including--
(i) application process;
(ii) interview policy;
(iii) general screening procedures;
(iv) visa validity;
(v) quality control measures; and
(vi) access to appeal or review;
(C) in exploring methods for Canada, Mexico, and the United
States to waive visa requirements for nationals and citizens
of the same foreign countries;
(D) in providing technical assistance for the development
and maintenance of a national database built upon identified
best practices for biometrics associated with immigration
violators;
(E) in developing and implementing an immigration security
strategy for North America that works toward the development
of a common security perimeter by enhancing technical
assistance for programs and systems to support advanced
automated reporting and risk targeting of international
passengers;
(F) in sharing information on lost and stolen passports on
a real-time basis among immigration or law enforcement
officials of Canada, Mexico, and the United States; and
(G) in collecting 10 fingerprints from each individual who
applies for a visa.
(4) North american visitor overstay program.--The progress
made by Canada and the United States in implementing parallel
entry-exit tracking systems that, while respecting the
privacy laws of both countries, share information regarding
third country nationals who have overstayed their period of
authorized admission in either Canada or the United States.
(5) Terrorist watch lists.--The progress made in enhancing
the capacity of the United States to combat terrorism through
the coordination of counterterrorism efforts, including the
progress made--
(A) in developing and implementing bilateral agreements
between Canada and the United States and between Mexico and
the United States to govern the sharing of terrorist watch
list data and to comprehensively enumerate the uses of such
data by the governments of each country;
(B) in establishing appropriate linkages among Canada,
Mexico, and the United States Terrorist Screening Center; and
(C) in exploring with foreign governments the establishment
of a multilateral watch list mechanism that would facilitate
direct coordination between the country that identifies an
individual as an individual included on a watch list, and the
country that owns such list, including procedures that
satisfy the security concerns and are consistent with the
privacy and other laws of each participating country.
(6) Money laundering, currency smuggling, and alien
smuggling.--The progress made in improving information
sharing and law enforcement cooperation in combating
organized crime, including the progress made--
(A) in combating currency smuggling, money laundering,
alien smuggling, and trafficking in alcohol, firearms, and
explosives;
(B) in implementing the agreement between Canada and the
United States known as the Firearms Trafficking Action Plan;
(C) in determining the feasibility of formulating a
firearms trafficking action plan between Mexico and the
United States;
(D) in developing a joint threat assessment on organized
crime between Canada and the United States;
(E) in determining the feasibility of formulating a joint
threat assessment on organized crime between Mexico and the
United States;
(F) in developing mechanisms to exchange information on
findings, seizures, and capture of individuals transporting
undeclared currency; and
(G) in developing and implementing a plan to combat the
transnational threat of illegal drug trafficking.
(7) Law enforcement cooperation.--The progress made in
enhancing law enforcement cooperation among Canada, Mexico,
and the United States through enhanced technical assistance
for the development and maintenance of a national database
built upon identified best practices for biometrics
associated with known and suspected criminals or terrorists,
including exploring the formation of law enforcement teams
that include personnel from the United States and Mexico, and
appropriate procedures for such teams.

SEC. 524. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

(a) Technical Assistance.--The Secretary of State, in
coordination with the Secretary, shall work to cooperate with
the head of Foreign Affairs Canada and the appropriate
officials of the Government of Mexico to establish a
program--
(1) to assess the specific needs of Guatemala and Belize in
maintaining the security of the international borders of such
countries;
(2) to use the assessment made under paragraph (1) to
determine the financial and technical support needed by
Guatemala and Belize from Canada, Mexico, and the United
States to meet such needs;
(3) to provide technical assistance to Guatemala and Belize
to promote issuance of secure passports and travel documents
by such countries; and
(4) to encourage Guatemala and Belize--
(A) to control alien smuggling and trafficking;
(B) to prevent the use and manufacture of fraudulent travel
documents; and
(C) to share relevant information with Mexico, Canada, and
the United States.
(b) Border Security for Belize, Guatemala, and Mexico.--The
Secretary, in consultation with the Secretary of State, shall
work to cooperate--
(1) with the appropriate officials of the Government of
Guatemala and the Government of Belize to provide law
enforcement assistance to Guatemala and Belize that
specifically addresses immigration issues to increase the
ability of the Government of Guatemala to dismantle human
smuggling organizations and gain additional control over the
international border between Guatemala and Belize; and
(2) with the appropriate officials of the Government of
Belize, the Government of Guatemala, the Government of
Mexico, and the governments of neighboring contiguous
countries to establish a program to provide needed equipment,
technical assistance, and vehicles to manage, regulate, and
patrol the international borders between Mexico and Guatemala
and between Mexico and Belize.
(c) Tracking Central American Gangs.--The Secretary of
State, in coordination with the Secretary and the Director of
the Federal Bureau of Investigation, shall work to cooperate
with the appropriate officials of the Government of Mexico,
the Government of Guatemala, the Government of Belize, and
the governments of other Central American countries--
(1) to assess the direct and indirect impact on the United
States and Central America of deporting violent criminal
aliens;
(2) to establish a program and database to track
individuals involved in Central American gang activities;
(3) to develop a mechanism that is acceptable to the
governments of Belize, Guatemala, Mexico, the United States,
and other appropriate countries to notify such a government
if an individual suspected of gang activity will be deported
to that country prior to the deportation and to provide
support for the reintegration of such deportees into that
country; and
(4) to develop an agreement to share all relevant
information related to individuals connected with Central
American gangs.
(d) Limitations on Assistance.--Any funds made available to
carry out this section shall be subject to the limitations
contained in section 551 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 2006
(Public Law 109-102; 119 Stat. 2218).

SEC. 525. COMBATING HUMAN SMUGGLING.

(a) Requirement for Plan.--The Secretary shall develop and
implement a plan to improve coordination between the Bureau
of Immigration and Customs Enforcement and the Bureau of
Customs and Border Protection of the Department and any other
Federal, State, local, or tribal authorities, as determined
appropriate by the Secretary, to improve coordination efforts
to combat human smuggling.
(b) Content.--In developing the plan required by subsection
(a), the Secretary shall consider--
(1) the interoperability of databases utilized to prevent
human smuggling;
(2) adequate and effective personnel training;

[[Page S9533]]

(3) methods and programs to effectively target networks
that engage in such smuggling;
(4) effective utilization of--
(A) visas for victims of trafficking and other crimes; and
(B) investigatory techniques, equipment, and procedures
that prevent, detect, and prosecute international money
laundering and other operations that are utilized in
smuggling;
(5) joint measures with the Secretary of State to enhance
intelligence sharing and cooperation with foreign governments
whose citizens are preyed on by human smugglers; and
(6) other measures that the Secretary considers appropriate
to combat human smuggling.
(c) Report.--Not later than 1 year after implementing the
plan described in subsection (a), the Secretary shall submit
to Congress a report on such plan, including any
recommendations for legislative action to improve efforts to
combating human smuggling.
(d) Savings Provision.--Nothing in this section may be
construed to provide additional authority to any State or
local entity to enforce Federal immigration laws.

SEC. 526. DEATHS AT UNITED STATES-MEXICO BORDER.

(a) Collection of Statistics.--The Commissioner of the
Bureau of Customs and Border Protection shall collect
statistics relating to deaths occurring at the border between
the United States and Mexico, including--
(1) the causes of the deaths; and
(2) the total number of deaths.
(b) Report.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the
Commissioner of the Bureau of Customs and Border Protection
shall submit to the Secretary a report that--
(1) analyzes trends with respect to the statistics
collected under subsection (a) during the preceding year; and
(2) recommends actions to reduce the deaths described in
subsection (a).

CHAPTER 3--OTHER BORDER SECURITY INITIATIVES

SEC. 531. BIOMETRIC DATA ENHANCEMENTS.

Not later than October 1, 2007, the Secretary shall--
(1) in consultation with the Attorney General, enhance
connectivity between the Automated Biometric Fingerprint
Identification System (IDENT) of the Department and the
Integrated Automated Fingerprint Identification System
(IAFIS) of the Federal Bureau of Investigation to ensure more
expeditious data searches; and
(2) in consultation with the Secretary of State, collect
all fingerprints from each alien required to provide
fingerprints during the alien's initial enrollment in the
integrated entry and exit data system described in section
110 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1365a).

SEC. 532. SECURE COMMUNICATION.

The Secretary shall, as expeditiously as practicable,
develop and implement a plan to improve the use of satellite
communications and other technologies to ensure clear and
secure 2-way communication capabilities--
(1) among all border patrol agents conducting operations
between ports of entry;
(2) between border patrol agents and their respective
border patrol stations;
(3) between border patrol agents and residents in remote
areas along the international land borders of the United
States; and
(4) between all appropriate border security agencies of the
Department and State, local, and tribal law enforcement
agencies.

SEC. 533. BORDER PATROL TRAINING CAPACITY REVIEW.

(a) In General.--The Comptroller General of the United
States shall conduct a review of the basic training provided
to border patrol agents by the Secretary to ensure that such
training is provided as efficiently and cost-effectively as
possible.
(b) Components of Review.--The review under subsection (a)
shall include the following components:
(1) An evaluation of the length and content of the basic
training curriculum provided to new border patrol agents by
the Federal Law Enforcement Training Center, including a
description of how such curriculum has changed since
September 11, 2001, and an evaluation of language and
cultural diversity training programs provided within such
curriculum.
(2) A review and a detailed breakdown of the costs incurred
by the Bureau of Customs and Border Protection and the
Federal Law Enforcement Training Center to train 1 new border
patrol agent.
(3) A comparison, based on the review and breakdown under
paragraph (2), of the costs, effectiveness, scope, and
quality, including geographic characteristics, with other
similar training programs provided by State and local
agencies, nonprofit organizations, universities, and the
private sector.
(4) An evaluation of whether utilizing comparable non-
Federal training programs, proficiency testing, and long-
distance learning programs may affect--
(A) the cost-effectiveness of increasing the number of
border patrol agents trained per year;
(B) the per agent costs of basic training; and
(C) the scope and quality of basic training needed to
fulfill the mission and duties of a border patrol agent.

SEC. 534. US-VISIT SYSTEM.

Not later than 6 months after the date of the enactment of
this Act, the Secretary, in consultation with the heads of
other appropriate Federal agencies, shall submit to Congress
a schedule for--
(1) equipping all land border ports of entry of the United
States with the U.S.-Visitor and Immigrant Status Indicator
Technology (US-VISIT) system implemented under section 110 of
the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1365a);
(2) developing and deploying at such ports of entry the
exit component of the US-VISIT system; and
(3) making interoperable all immigration screening systems
operated by the Secretary.

SEC. 535. DOCUMENT FRAUD DETECTION.

(a) Training.--Subject to the availability of
appropriations, the Secretary shall provide all Customs and
Border Protection officers with training in identifying and
detecting fraudulent travel documents. Such training shall be
developed in consultation with the head of the Forensic
Document Laboratory of the Bureau of Immigration and Customs
Enforcement.
(b) Forensic Document Laboratory.--The Secretary shall
provide all Customs and Border Protection officers with
access to the Forensic Document Laboratory.
(c) Assessment.--
(1) Requirement for assessment.--The Inspector General of
the Department shall conduct an independent assessment of the
accuracy and reliability of the Forensic Document Laboratory.
(2) Report to congress.--Not later than 6 months after the
date of the enactment of this Act, the Inspector General
shall submit to Congress the findings of the assessment
required by paragraph (1).
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary for each of fiscal years 2007 through 2011 to carry
out this section.

SEC. 536. IMPROVED DOCUMENT INTEGRITY.

(a) In General.--Section 303 of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is
amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in the heading, by striking ``ENTRY AND EXIT
DOCUMENTS'' and inserting ``TRAVEL AND ENTRY DOCUMENTS AND
EVIDENCE OF STATUS'';
(3) in subsection (b)(1)--
(A) by striking ``Not later than October 26, 2004, the''
and inserting ``The''; and
(B) by striking ``visas and'' both places it appears and
inserting ``visas, evidence of status, and'';
(4) by redesignating subsection (d) as subsection (e); and
(5) by inserting after subsection (c) the following:
``(d) Other Documents.--Not later than October 26, 2007,
every document, other than an interim document, issued by the
Secretary of Homeland Security, which may be used as evidence
of an alien's status as an immigrant, nonimmigrant, parolee,
asylee, or refugee, shall be machine-readable and tamper-
resistant, and shall incorporate a biometric identifier to
allow the Secretary of Homeland Security to verify
electronically the identity and status of the alien.''.

SEC. 537. CANCELLATION OF VISAS.

Section 222(g) (8 U.S.C. 1202(g)) is amended--
(1) in paragraph (1)--
(A) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(B) by inserting ``and any other nonimmigrant visa issued
by the United States that is in the possession of the alien''
after ``such visa''; and
(2) in paragraph (2)(A), by striking ``(other than the visa
described in paragraph (1)) issued in a consular office
located in the country of the alien's nationality'' and
inserting ``(other than a visa described in paragraph (1))
issued in a consular office located in the country of the
alien's nationality or foreign residence''.

SEC. 538. BIOMETRIC ENTRY-EXIT SYSTEM.

(a) Collection of Biometric Data From Aliens Departing the
United States.--Section 215 (8 U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (g);
(2) by moving subsection (g), as redesignated by paragraph
(1), to the end; and
(3) by inserting after subsection (b) the following:
``(c) The Secretary of Homeland Security is authorized to
require aliens departing the United States to provide
biometric data and other information relating to their
immigration status.''.
(b) Inspection of Applicants for Admission.--Section 235(d)
(8 U.S.C. 1225(d)) is amended by adding at the end the
following:
``(5) Authority to collect biometric data.--In conducting
inspections under subsection (b), immigration officers are
authorized to collect biometric data from--
``(A) any applicant for admission or alien seeking to
transit through the United States; or
``(B) any lawful permanent resident who is entering the
United States and who is not regarded as seeking admission
pursuant to section 101(a)(13)(C).''.
(c) Collection of Biometric Data From Alien Crewmen.--
Section 252 (8 U.S.C. 1282)

[[Page S9534]]

is amended by adding at the end the following:
``(d) An immigration officer is authorized to collect
biometric data from an alien crewman seeking permission to
land temporarily in the United States.''.
(d) Grounds of Inadmissibility.--Section 212 (8 U.S.C.
1182) is amended--
(1) in subsection (a)(7), by adding at the end the
following:
``(C) Withholders of biometric data.--Any alien who
knowingly fails to comply with a lawful request for biometric
data under section 215(c) or 235(d) is inadmissible.''; and
(2) in subsection (d), by inserting after paragraph (1) the
following:
``(2) The Secretary of Homeland Security shall determine
whether a ground for inadmissibility exists with respect to
an alien described in subparagraph (C) of subsection (a)(7)
and may waive the application of such subparagraph for an
individual alien or a class of aliens, at the discretion of
the Secretary.''.
(e) Implementation.--Section 7208 of the 9/11 Commission
Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
(1) in subsection (c), by adding at the end the following:
``(3) Implementation.--In fully implementing the automated
biometric entry and exit data system under this section, the
Secretary is not required to comply with the requirements of
chapter 5 of title 5, United States Code (commonly referred
to as the Administrative Procedure Act) or any other law
relating to rulemaking, information collection, or
publication in the Federal Register.''; and
(2) in subsection (l)--
(A) by striking ``There are authorized'' and inserting the
following:
``(1) In general.--There are authorized''; and
(B) by adding at the end the following:
``(2) Implementation at all land border ports of entry.--
There are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2007 and 2008 to implement
the automated biometric entry and exit data system at all
land border ports of entry.''.

SEC. 539. BORDER STUDY.

(a) Southern Border Study.--The Secretary, in consultation
with the Attorney General, the Secretary of the Interior, the
Secretary of Agriculture, the Secretary of Defense, the
Secretary of Commerce, and the Administrator of the
Environmental Protection Agency, shall conduct a study on the
construction of a system of physical barriers along the
southern international land and maritime border of the United
States.
(b) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the study described in subsection (a).

SEC. 540. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

(a) In General.--The Inspector General of the Department
shall review each contract action relating to the Secure
Border Initiative having a value of more than $20,000,000, to
determine whether each such action fully complies with
applicable cost requirements, performance objectives, program
milestones, inclusion of small, minority, and women-owned
business, and time lines. The Inspector General shall
complete a review under this subsection with respect to each
contract action--
(1) not later than 60 days after the date of the initiation
of the action; and
(2) upon the conclusion of the performance of the contract.
(b) Inspector General.--
(1) Action.--If the Inspector General becomes aware of any
improper conduct or wrongdoing in the course of conducting a
contract review under subsection (a), the Inspector General
shall, as expeditiously as practicable, refer information
relating to such improper conduct or wrongdoing to the
Secretary, or to another appropriate official of the
Department, who shall determine whether to temporarily
suspend the contractor from further participation in the
Secure Border Initiative.
(2) Report.--Upon the completion of each review described
in subsection (a), the Inspector General shall submit to the
Secretary a report containing the findings of the review,
including findings regarding--
(A) cost overruns;
(B) significant delays in contract execution;
(C) lack of rigorous departmental contract management;
(D) insufficient departmental financial oversight;
(E) bundling that limits the ability of small businesses to
compete; or
(F) other high-risk business practices.
(c) Reports by the Secretary.--
(1) In general.--Not later than 30 days after the receipt
of each report required under subsection (b)(2), the
Secretary shall submit a report, to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, that describes--
(A) the findings of the report received from the Inspector
General; and
(B) the steps the Secretary has taken, or plans to take, to
address the problems identified in such report.
(2) Contracts with foreign companies.--Not later than 60
days after the initiation of each contract action with a
company whose headquarters is not based in the United States,
the Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives, regarding the Secure Border
Initiative.
(d) Reports on United States Ports.--Not later than 30 days
after receiving information regarding a proposed purchase of
a contract to manage the operations of a United States port
by a foreign entity, the Committee on Foreign Investment in
the United States shall submit a report to Congress that
describes--
(1) the proposed purchase;
(2) any security concerns related to the proposed purchase;
and
(3) the manner in which such security concerns have been
addressed.
(e) Authorization of Appropriations.--In addition to
amounts that are otherwise authorized to be appropriated to
the Office of the Inspector General of the Department, there
are authorized to be appropriated to the Office, to enable
the Office to carry out this section--
(1) for fiscal year 2007, not less than 5 percent of the
overall budget of the Office for such fiscal year;
(2) for fiscal year 2008, not less than 6 percent of the
overall budget of the Office for such fiscal year; and
(3) for fiscal year 2009, not less than 7 percent of the
overall budget of the Office for such fiscal year.

SEC. 541. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR
BETWEEN PORTS OF ENTRY.

(a) In General.--Beginning on October 1, 2007, an alien
(other than a national of Mexico) who is attempting to
illegally enter the United States and who is apprehended at a
United States port of entry or along the international land
and maritime border of the United States shall be detained
until removed or a final decision granting admission has been
determined, unless the alien--
(1) is permitted to withdraw an application for admission
under section 235(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1225(a)(4)) and immediately departs from the
United States pursuant to such section; or
(2) is paroled into the United States by the Secretary for
urgent humanitarian reasons or significant public benefit in
accordance with section 212(d)(5)(A) of such Act (8 U.S.C.
1182(d)(5)(A)).
(b) Requirements During Interim Period.--Beginning 60 days
after the date of the enactment of this Act and before
October 1, 2007, an alien described in subsection (a) may be
released with a notice to appear only if--
(1) the Secretary determines, after conducting all
appropriate background and security checks on the alien, that
the alien does not pose a national security risk; and
(2) the alien provides a bond of not less than $5,000.
(c) Rules of Construction.--
(1) Asylum and removal.--Nothing in this section shall be
construed as limiting the right of an alien to apply for
asylum or for relief or deferral of removal based on a fear
of persecution.
(2) Treatment of certain aliens.--The mandatory detention
requirement in subsection (a) does not apply to any alien who
is a native or citizen of a country in the Western Hemisphere
with whose government the United States does not have full
diplomatic relations.
(3) Discretion.--Nothing in this section shall be construed
as limiting the authority of the Secretary, in the
Secretary's sole unreviewable discretion, to determine
whether an alien described in clause (ii) of section
235(b)(1)(B) of the Immigration and Nationality Act shall be
detained or released after a finding of a credible fear of
persecution (as defined in clause (v) of such section).

SEC. 542. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL,
REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

(a) In General.--Chapter 27 of title 18, United States
Code, is amended by adding at the end the following:

``Sec. 555. Evasion of inspection or during violation of
arrival, reporting, entry, or clearance requirements

``(a) Prohibition.--A person shall be punished as described
in subsection (b) if such person attempts to elude or eludes
customs, immigration, or agriculture inspection or fails to
stop at the command of an officer or employee of the United
States charged with enforcing the immigration, customs, or
other laws of the United States at a port of entry or customs
or immigration checkpoint.
``(b) Penalties.--A person who commits an offense described
in subsection (a) shall be--
``(1) fined under this title;
``(2)(A) imprisoned for not more than 3 years, or both;
``(B) imprisoned for not more than 10 years, or both, if in
commission of this violation, attempts to inflict or inflicts
bodily injury (as defined in section 1365(g) of this title);
or
``(C) imprisoned for any term of years or for life, or
both, if death results, and may be sentenced to death; or
``(3) both fined and imprisoned under this subsection.
``(c) Conspiracy.--If 2 or more persons conspire to commit
an offense described in subsection (a), and 1 or more of such
persons do any act to effect the object of the conspiracy,
each shall be punishable as a principal, except that the
sentence of death may not be imposed.

[[Page S9535]]

``(d) Prima Facie Evidence.--For the purposes of seizure
and forfeiture under applicable law, in the case of use of a
vehicle or other conveyance in the commission of this
offense, or in the case of disregarding or disobeying the
lawful authority or command of any officer or employee of the
United States under section 111(b), such conduct shall
constitute prima facie evidence of smuggling aliens or
merchandise.''.
(b) Conforming Amendment.--The table of sections for
chapter 27 of title 18, United States Code, is amended by
adding at the end the following:

``555. Evasion of inspection or during violation of arrival, reporting,
entry, or clearance requirements''.
(c) Failure to Obey Border Enforcement Officers.--Section
111 of title 18, United States Code, is amended by inserting
after subsection (b) the following:
``(c) Failure To Obey Lawful Orders of Border Enforcement
Officers.--Whoever willfully disregards or disobeys the
lawful authority or command of any officer or employee of the
United States charged with enforcing the immigration,
customs, or other laws of the United States while engaged in,
or on account of, the performance of official duties shall be
fined under this title or imprisoned for not more than 5
years, or both.''.

SEC. 543. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE
SOUTHERN LAND BORDER OF THE UNITED STATES.

(a) Authority To Provide Assistance.--
(1) Annual training duty.--With the approval of the
Secretary of Defense, the Governor of a State may order any
units or personnel of the National Guard of such State to
perform annual training duty under section 502(a) of title
32, United States Code, to carry out in any State along the
southern land border of the United States the activities
authorized in subsection (b), for the purpose of securing
such border. Such duty shall not exceed 21 days in any year.
(2) Other support.--With the approval of the Secretary of
Defense, the Governor of a State may order any units or
personnel of the National Guard of such State to perform duty
under section 502(f) of title 32, United States Code, to
provide command, control, and continuity of support for units
or personnel performing annual training duty under paragraph
(1).
(b) Authorized Activities.--The activities authorized by
this subsection are any of the following:
(1) Ground reconnaissance activities.
(2) Airborne reconnaissance activities.
(3) Logistical support.
(4) Provision of translation services and training.
(5) Administrative support services.
(6) Technical training services.
(7) Emergency medical assistance and services.
(8) Communications services.
(9) Rescue of aliens in peril.
(10) Construction of roadways, patrol roads, fences,
barriers, and other facilities to secure the southern land
border of the United States.
(11) Ground and air transportation.
(c) Cooperative Agreements.--Units and personnel of the
National Guard of a State may perform activities in another
State under subsection (a) only pursuant to the terms of an
emergency management assistance compact or other cooperative
arrangement entered into between Governors of such States for
purposes of this section, and only with the approval of the
Secretary of Defense.
(d) Coordination of Assistance.--The Secretary shall, in
consultation with the Secretary of Defense and the Governors
of the States concerned, coordinate the performance of
activities under this section by units and personnel of the
National Guard.
(e) Annual Training.--Annual training duty performed by
members of the National Guard under subsection (a) shall be
appropriate for the units and individual members concerned,
taking into account the types of units and military
occupational specialties of individual members performing
such duty.
(f) Definitions.--In this section:
(1) Governor of a state.--The term ``Governor of a State''
means, in the case of the District of Columbia, the
Commanding General of the National Guard of the District of
Columbia.
(2) State.--The term ``State'' means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the Virgin Islands.
(3) State along the southern border of the united states.--
The term ``State along the southern border of the United
States'' means each of the following:
(A) The State of Arizona.
(B) The State of California.
(C) The State of New Mexico.
(D) The State of Texas.
(g) Duration of Authority.--The authority of this section
shall expire on January 1, 2009.
(h) Prohibition on Direct Participation in Law
Enforcement.--Activities carried out under the authority of
this section shall not include the direct participation of a
member of the National Guard in a search, seizure, arrest, or
similar activity.

SEC. 544. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS
AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE
IN THE BUREAU OF CUSTOMS AND BORDER PROTECTION.

(a) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Secretary and the Secretary
of Defense shall jointly submit to the appropriate committees
of Congress a report assessing the desirability and
feasibility of offering incentives to covered members and
former members of the Armed Forces for the purpose of
encouraging such members to serve in the Bureau of Customs
and Border Protection.
(b) Covered Members and Former Members of the Armed
Forces.--For purposes of this section, covered members and
former members of the Armed Forces are the following:
(1) Members of the reserve components of the Armed Forces.
(2) Former members of the Armed Forces within 2 years of
separation from service in the Armed Forces.
(c) Requirements and Limitations.--
(1) Nature of incentives.--In considering incentives for
purposes of the report required by subsection (a), the
Secretaries shall consider such incentives, whether monetary
or otherwise and whether or not authorized by current law or
regulations, as the Secretaries jointly consider appropriate.
(2) Targeting of incentives.--In assessing any incentive
for purposes of the report, the Secretaries shall give
particular attention to the utility of such incentive in--
(A) encouraging service in the Bureau of Customs and Border
Protection after service in the Armed Forces by covered
members and former members of the Armed Forces who have
provided border patrol or border security assistance to the
Bureau as part of their duties as members of the Armed
Forces; and
(B) leveraging military training and experience by
accelerating training, or allowing credit to be applied to
related areas of training, required for service with the
Bureau of Customs and Border Protection.
(3) Payment.--In assessing incentives for purposes of the
report, the Secretaries shall assume that any costs of such
incentives shall be borne by the Department.
(d) Elements.--The report required by subsection (a) shall
include the following:
(1) A description of various monetary and non-monetary
incentives considered for purposes of the report.
(2) An assessment of the desirability and feasibility of
utilizing any such incentive for the purpose specified in
subsection (a), including an assessment of the particular
utility of such incentive in encouraging service in the
Bureau of Customs and Border Protection after service in the
Armed Forces by covered members and former members of the
Armed Forces described in subsection (c)(2).
(3) Any other matters that the Secretaries jointly consider
appropriate.
(e) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committees on Armed Services, Homeland Security and
Governmental Affairs, and Appropriations of the Senate; and
(2) the Committees on Armed Services, Homeland Security,
and Appropriations of the House of Representatives.

CHAPTER 4--BORDER TUNNEL PREVENTION ACT

SEC. 546. SHORT TITLE.

This chapter may be cited as the ``Border Tunnel Prevention
Act''.

SEC. 547. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

(a) In General.--Chapter 27 of title 18, United States
Code, as amended by section 542, is further amended by adding
at the end the following:

``Sec. 556. Border tunnels and passages

``(a) Any person who knowingly constructs or finances the
construction of a tunnel or subterranean passage that crosses
the international border between the United States and
another country, other than a lawfully authorized tunnel or
passage known to the Secretary of Homeland Security and
subject to inspection by the Bureau of Immigration and
Customs Enforcement, shall be fined under this title and
imprisoned for not more than 20 years.
``(b) Any person who knows or recklessly disregards the
construction or use of a tunnel or passage described in
subsection (a) on land that the person owns or controls shall
be fined under this title and imprisoned for not more than 10
years.
``(c) Any person who uses a tunnel or passage described in
subsection (a) to unlawfully smuggle an alien, goods (in
violation of section 545), controlled substances, weapons of
mass destruction (including biological weapons), or a member
of a terrorist organization (as defined in section
212(a)(3)(B)(vi) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term
of imprisonment that is twice the maximum term of
imprisonment that would have otherwise been applicable had
the unlawful activity not made use of such a tunnel or
passage.''.
(b) Clerical Amendment.--The table of sections for chapter
27 of title 18, United States Code, as amended by section
542, is further amended by adding at the end the following:

``Sec. 556. Border tunnels and passages''.

(c) Criminal Forfeiture.--Section 982(a)(6) of title 18,
United States Code, is amended by inserting ``556,'' before
``1425,''.

SEC. 548. DIRECTIVE TO THE UNITED STATES SENTENCING
COMMISSION.

(a) In General.--Pursuant to its authority under section
994 of title 28, United States

[[Page S9536]]

Code, and in accordance with this section, the United States
Sentencing Commission shall promulgate or amend sentencing
guidelines to provide for increased penalties for persons
convicted of offenses described in section 556 of title 18,
United States Code, as added by section 547.
(b) Requirements.--In carrying out this section, the United
States Sentencing Commission shall--
(1) ensure that the sentencing guidelines, policy
statements, and official commentary reflect the serious
nature of the offenses described in section 556 of title 18,
United States Code, and the need for aggressive and
appropriate law enforcement action to prevent such offenses;
(2) provide adequate base offense levels for offenses under
such section;
(3) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a tunnel or passage described in subsection
(a) of such section to facilitate other felonies; and
(B) the circumstances for which the sentencing guidelines
currently provide applicable sentencing enhancements;
(4) ensure reasonable consistency with other relevant
directives, other sentencing guidelines, and statutes;
(5) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(6) ensure that the sentencing guidelines adequately meet
the purposes of sentencing set forth in section 3553(a)(2) of
title 18, United States Code.

CHAPTER 5--RAPID RESPONSE MEASURES

SEC. 551. DEPLOYMENT OF BORDER PATROL AGENTS.

(a) Emergency Deployment of Border Patrol Agents.--
(1) In general.--If the Governor of a State on an
international border of the United States declares an
international border security emergency and requests
additional United States border patrol agents (referred to in
this chapter as ``agents'') from the Secretary, the
Secretary, subject to paragraphs (1) and (2), may provide the
State with not more than 1,000 additional agents for the
purpose of patrolling and defending the international border,
in order to prevent individuals from crossing the
international border into the United States at any location
other than an authorized port of entry.
(2) Consultation.--Upon receiving a request for agents
under paragraph (1), the Secretary, after consultation with
the President, shall grant such request to the extent that
providing such agents will not significantly impair the
Department's ability to provide border security for any other
State.
(3) Collective bargaining.--Emergency deployments under
this subsection shall be made in accordance with all
applicable collective bargaining agreements and obligations.
(b) Elimination of Fixed Deployment of Border Patrol
Agents.--The Secretary shall ensure that agents are not
precluded from performing patrol duties and apprehending
violators of law, except in unusual circumstances if the
temporary use of fixed deployment positions is necessary.
(c) Increase in Full-Time Border Patrol Agents.--Section
5202(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (118 Stat. 3734), as amended by
section 511(b)(2), is further amended by striking ``2,000''
and inserting ``3,000''.

SEC. 552. BORDER PATROL MAJOR ASSETS.

(a) Control of Border Patrol Assets.--The United States
Border Patrol shall have complete and exclusive
administrative and operational control over all the assets
utilized in carrying out its mission, including, aircraft,
watercraft, vehicles, detention space, transportation, and
all of the personnel associated with such assets.
(b) Helicopters and Power Boats.--
(1) Helicopters.--The Secretary shall increase, by not less
than 100, the number of helicopters under the control of the
United States Border Patrol. The Secretary shall ensure that
appropriate types of helicopters are procured for the various
missions being performed.
(2) Power boats.--The Secretary shall increase, by not less
than 250, the number of power boats under the control of the
United States Border Patrol. The Secretary shall ensure that
the types of power boats that are procured are appropriate
for both the waterways in which they are used and the mission
requirements.
(3) Use and training.--The Secretary shall--
(A) establish an overall policy on how the helicopters and
power boats procured under this subsection will be used; and
(B) implement training programs for the agents who use such
assets, including safe operating procedures and rescue
operations.
(c) Motor Vehicles.--
(1) Quantity.--The Secretary shall establish a fleet of
motor vehicles appropriate for use by the United States
Border Patrol that will permit a ratio of not less than 1
police-type vehicle for every 3 agents. These police-type
vehicles shall be replaced not less than every 3 years. The
Secretary shall ensure that there are sufficient numbers and
types of other motor vehicles to support the mission of the
United States Border Patrol.
(2) Features.--All motor vehicles purchased for the United
States Border Patrol shall--
(A) be appropriate for the mission of the United States
Border Patrol; and
(B) have a panic button and a global positioning system
device that is activated solely in emergency situations to
track the location of agents in distress.

SEC. 553. ELECTRONIC EQUIPMENT.

(a) Portable Computers.--The Secretary shall ensure that
each police-type motor vehicle in the fleet of the United
States Border Patrol is equipped with a portable computer
with access to all necessary law enforcement databases and
otherwise suited to the unique operational requirements of
the United States Border Patrol.
(b) Radio Communications.--The Secretary shall augment the
existing radio communications system so that all law
enforcement personnel working in each area where United
States Border Patrol operations are conducted have clear and
encrypted 2-way radio communication capabilities at all
times. Each portable communications device shall be equipped
with a panic button and a global positioning system device
that is activated solely in emergency situations to track the
location of agents in distress.
(c) Hand-Held Global Positioning System Devices.--The
Secretary shall ensure that each United States Border Patrol
agent is issued a state-of-the-art hand-held global
positioning system device for navigational purposes.
(d) Night Vision Equipment.--The Secretary shall ensure
that sufficient quantities of state-of-the-art night vision
equipment are procured and maintained to enable each United
States Border Patrol agent working during the hours of
darkness to be equipped with a portable night vision device.

SEC. 554. PERSONAL EQUIPMENT.

(a) Body Armor.--The Secretary shall ensure that every
agent is issued high-quality body armor that is appropriate
for the climate and risks faced by the agent. Each agent
shall be permitted to select from among a variety of approved
brands and styles. Agents shall be strongly encouraged, but
not required, to wear such body armor whenever practicable.
All body armor shall be replaced not less than every 5 years.
(b) Weapons.--The Secretary shall ensure that agents are
equipped with weapons that are reliable and effective to
protect themselves, their fellow agents, and innocent third
parties from the threats posed by armed criminals. The
Secretary shall ensure that the policies of the Department
authorize all agents to carry weapons that are suited to the
potential threats that they face.
(c) Uniforms.--The Secretary shall ensure that all agents
are provided with all necessary uniform items, including
outerwear suited to the climate, footwear, belts, holsters,
and personal protective equipment, at no cost to such agents.
Such items shall be replaced at no cost to such agents as
they become worn, unserviceable, or no longer fit properly.

SEC. 555. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Secretary
such sums as may be necessary for each of the fiscal years
2007 through 2011 to carry out this chapter.

Subtitle B--Border Law Enforcement Relief

CHAPTER 1--BORDER LAW ENFORCEMENT RELIEF ACT

SEC. 561. SHORT TITLE.

This chapter may be cited as the ``Border Law Enforcement
Relief Act of 2006''.

SEC. 562. FINDINGS.

Congress finds the following:
(1) It is the obligation of the Federal Government of the
United States to adequately secure the Nation's borders and
prevent the flow of undocumented persons and illegal drugs
into the United States.
(2) Despite the fact that the United States Border Patrol
apprehends over 1,000,000 people each year trying to
illegally enter the United States, according to the
Congressional Research Service, the net growth in the number
of unauthorized aliens has increased by approximately 500,000
each year. The Southwest border accounts for approximately 94
percent of all migrant apprehensions each year. Currently,
there are an estimated 11,000,000 unauthorized aliens in the
United States.
(3) The border region is also a major corridor for the
shipment of drugs. According to the El Paso Intelligence
Center, 65 percent of the narcotics that are sold in the
markets of the United States enter the country through the
Southwest border.
(4) Border communities continue to incur significant costs
due to the lack of adequate border security. A 2001 study by
the United States-Mexico Border Counties Coalition found that
law enforcement and criminal justice expenses associated with
illegal immigration exceed $89,000,000 annually for the
Southwest border counties.
(5) In August 2005, the States of New Mexico and Arizona
declared states of emergency in order to provide local law
enforcement immediate assistance in addressing criminal
activity along the Southwest border.
(6) While the Federal Government provides States and
localities assistance in covering costs related to the
detention of certain criminal aliens and the prosecution of
Federal drug cases, local law enforcement along the border
are provided no assistance in covering such expenses and must
use their limited resources to combat drug trafficking, human
smuggling, kidnappings, the destruction of private property,
and other border-related crimes.
(7) The United States shares 5,525 miles of border with
Canada and 1,989 miles with

[[Page S9537]]

Mexico. Many of the local law enforcement agencies located
along the border are small, rural departments charged with
patrolling large areas of land. Counties along the Southwest
United States-Mexico border are some of the poorest in the
country and lack the financial resources to cover the
additional costs associated with illegal immigration, drug
trafficking, and other border-related crimes.
(8) Federal assistance is required to help local law
enforcement operating along the border address the unique
challenges that arise as a result of their proximity to an
international border and the lack of overall border security
in the region.

SEC. 563. BORDER RELIEF GRANT PROGRAM.

(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to award
grants, subject to the availability of appropriations, to an
eligible law enforcement agency to provide assistance to such
agency to address--
(A) criminal activity that occurs in the jurisdiction of
such agency by virtue of such agency's proximity to the
United States border; and
(B) the impact of any lack of security along the United
States border.
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2007 through 2011.
(3) Competitive basis.--The Secretary shall award grants
under this subsection on a competitive basis, except that the
Secretary shall give priority to applications from any
eligible law enforcement agency serving a community--
(A) with a population of less than 50,000; and
(B) located no more than 100 miles from a United States
border with--
(i) Canada; or
(ii) Mexico.
(b) Use of Funds.--Grants awarded pursuant to subsection
(a) may only be used to provide additional resources for an
eligible law enforcement agency to address criminal activity
occurring along any such border, including--
(1) to obtain equipment;
(2) to hire additional personnel;
(3) to upgrade and maintain law enforcement technology;
(4) to cover operational costs, including overtime and
transportation costs; and
(5) such other resources as are available to assist that
agency.
(c) Application.--
(1) In general.--Each eligible law enforcement agency
seeking a grant under this section shall submit an
application to the Secretary at such time, in such manner,
and accompanied by such information as the Secretary may
reasonably require.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance under this
section is sought; and
(B) provide such additional assurances as the Secretary
determines to be essential to ensure compliance with the
requirements of this section.
(d) Definitions.--In this section:
(1) Eligible law enforcement agency.--The term ``eligible
law enforcement agency'' means a tribal, State, or local law
enforcement agency--
(A) located in a county no more than 100 miles from a
United States border with--
(i) Canada; or
(ii) Mexico; or
(B) located in a county more than 100 miles from any such
border, but where such county has been certified by the
Secretary as a High Impact Area.
(2) High impact area.--The term ``High Impact Area'' means
any county designated by the Secretary as such, taking into
consideration--
(A) whether local law enforcement agencies in that county
have the resources to protect the lives, property, safety, or
welfare of the residents of that county;
(B) the relationship between any lack of security along the
United States border and the rise, if any, of criminal
activity in that county; and
(C) any other unique challenges that local law enforcement
face due to a lack of security along the United States
border.
(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$50,000,000 for each of fiscal years 2007 through 2011 to
carry out the provisions of this section.
(2) Division of authorized funds.--Of the amounts
authorized under paragraph (1)--
(A) \2/3\ shall be set aside for eligible law enforcement
agencies located in the 6 States with the largest number of
undocumented alien apprehensions; and
(B) \1/3\ shall be set aside for areas designated as a High
Impact Area under subsection (d).
(f) Supplement Not Supplant.--Amounts appropriated for
grants under this section shall be used to supplement and not
supplant other State and local public funds obligated for the
purposes provided under this subtitle.

SEC. 564. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

Nothing in this chapter shall be construed to authorize
State or local law enforcement agencies or their officers to
exercise Federal immigration law enforcement authority.

CHAPTER 2--ADDITIONAL LAW ENFORCEMENT RELIEF

SEC. 571. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

(a) Reimbursement for Costs Associated With Processing
Criminal Illegal Aliens.--The Secretary shall reimburse
States and units of local government for costs associated
with processing undocumented criminal aliens through the
criminal justice system, including--
(1) indigent defense;
(2) criminal prosecution;
(3) autopsies;
(4) translators and interpreters; and
(5) court costs.
(b) Authorization of Appropriations.--
(1) Processing criminal illegal aliens.--There are
authorized to be appropriated $400,000,000 for each of the
fiscal years 2007 through 2012 to carry out subsection (a).
(2) Compensation upon request.--Section 241(i)(5) (8 U.S.C.
1231(i)) is amended to read as follows:
``(5) There are authorized to be appropriated to carry this
subsection--
``(A) such sums as may be necessary for fiscal year 2007;
``(B) $750,000,000 for fiscal year 2008;
``(C) $850,000,000 for fiscal year 2009; and
``(D) $950,000,000 for each of the fiscal years 2010
through 2012.''.
(c) Technical Amendment.--Section 501 of the Immigration
Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by
striking ``Attorney General'' each place it appears and
inserting ``Secretary of Homeland Security''.

SEC. 572. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS
APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT
OFFICERS.

(a) In General.--The Secretary shall provide sufficient
transportation and officers to take illegal aliens
apprehended by State and local law enforcement officers into
custody for processing at a detention facility operated by
the Department.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2007 through 2011 to carry out this section.

SEC. 573. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

(a) In General.--Section 238 (8 U.S.C. 1228) is amended--
(1) by striking the section heading and inserting
``EXPEDITED REMOVAL OF CRIMINAL ALIENS'';
(2) in subsection (a), by striking the subsection heading
and inserting: ``Expedited Removal From Correctional
Facilities.--'';
(3) in subsection (b), by striking the subsection heading
and inserting: ``Removal of Criminal Aliens.--'';
(4) in subsection (b), by striking paragraphs (1) and (2)
and inserting the following:
``(1) In general.--The Secretary of Homeland Security may,
in the case of an alien described in paragraph (2), determine
the deportability of such alien and issue an order of removal
pursuant to the procedures set forth in this subsection or
section 240.
``(2) Aliens described.--An alien is described in this
paragraph if the alien--
``(A) has not been lawfully admitted to the United States
for permanent residence; and
``(B) was convicted of any criminal offense described in
subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
(5) in the subsection (c) that relates to presumption of
deportability, by striking ``convicted of an aggravated
felony'' and inserting ``described in subsection (b)(2)'';
(6) by redesignating the subsection (c) that relates to
judicial removal as subsection (d); and
(7) in subsection (d)(5) (as so redesignated), by striking
``, who is deportable under this Act,''.
(b) Application to Certain Aliens.--
(1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C.
1225(b)(1)(A)(iii)) is amended--
(A) in subclause (I), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'' each place it
appears; and
(B) by adding at the end the following new subclause:

``(III) Exception.--Notwithstanding subclauses (I) and
(II), the Secretary of Homeland Security shall apply clauses
(i) and (ii) of this subparagraph to any alien (other than an
alien described in subparagraph (F)) who is not a national of
a country contiguous to the United States, who has not been
admitted or paroled into the United States, and who is
apprehended within 100 miles of an international land border
of the United States and within 14 days of entry.''.

(2) Exception.--Section 235(b)(1)(F) (8 U.S.C.
1225(b)(1)(F)) is amended to read as follows:
``(F) Exception.--Subparagraph (A) shall not apply to an
alien--
``(i) who is a native or citizen of a country in the
Western Hemisphere with whose government the United States
does not have full diplomatic relations; and
``(ii) who--

``(I) arrives by aircraft at a port of entry; or
``(II) is present in the United States and arrived in any
manner at or between a port of entry.''.

(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to all aliens apprehended or convicted on or
after such date.

SEC. 574. INCREASE OF FEDERAL DETENTION SPACE AND THE
UTILIZATION OF FACILITIES IDENTIFIED FOR
CLOSURE AS A RESULT OF THE DEFENSE BASE CLOSURE
REALIGNMENT ACT OF 1990.

(a) Construction or Acquisition of Detention Facilities.--

[[Page S9538]]

(1) In general.--The Secretary shall construct or acquire,
in addition to existing facilities for the detention of
aliens, at least 20 detention facilities in the United States
that have the capacity to detain a combined total of not less
than 20,000 individuals at any time for aliens detained
pending removal or a decision on removal of such aliens from
the United States subject to available appropriations.
(b) Construction of or Acquisition of Detention
Facilities.--
(1) Requirement to construct or acquire.--The Secretary
shall construct or acquire additional detention facilities in
the United States to accommodate the detention beds required
by section 5204(a) of the Intelligence Reform and Terrorism
Protection Act of 2004, as amended by subsection (a), subject
to available appropriations.
(2) Use of alternate detention facilities.--Subject to the
availability of appropriations, the Secretary shall fully
utilize all possible options to cost effectively increase
available detention capacities, and shall utilize detention
facilities that are owned and operated by the Federal
Government if the use of such facilities is cost effective.
(3) Use of installations under base closure laws.--In
acquiring additional detention facilities under this
subsection, the Secretary shall consider the transfer of
appropriate portions of military installations approved for
closure or realignment under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) for use in accordance with
subsection (a).
(4) Determination of location.--The location of any
detention facility constructed or acquired in accordance with
this subsection shall be determined, with the concurrence of
the Secretary, by the senior officer responsible for
Detention and Removal Operations in the Department. The
detention facilities shall be located so as to enable the
officers and employees of the Department to increase to the
maximum extent practicable the annual rate and level of
removals of illegal aliens from the United States.
(c) Annual Report to Congress.--Not later than 1 year after
the date of the enactment of this Act, and annually
thereafter, in consultation with the heads of other
appropriate Federal agencies, the Secretary shall submit to
Congress an assessment of the additional detention facilities
and bed space needed to detain unlawful aliens apprehended at
United States ports of entry or along the international land
borders of the United States.
(d) Technical and Conforming Amendment.--Section 241(g)(1)
(8 U.S.C. 1231(g)(1)) is amended by striking ``may expend''
and inserting ``shall expend''.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 575. NORTHERN BORDER PROSECUTION INITIATIVE.

(a) Initiative Required.--
(1) In general.--From amounts made available to carry out
this section, the Attorney General, acting through the
Director of the Bureau of Justice Assistance of the Office of
Justice Programs, shall establish and carry out a program, to
be known as the Northern Border Prosecution Initiative, to
provide funds to reimburse eligible northern border entities
for costs incurred by those entities for handling case
dispositions of criminal cases that are federally initiated
but federally declined-referred.
(2) Relation with southwestern border prosecution
initiative.--The program established in paragraph (1) shall--
(A) be modeled after the Southwestern Border Prosecution
Initiative; and
(B) serve as a partner program to that initiative to
reimburse local jurisdictions for processing Federal cases.
(b) Provision and Allocation of Funds.--Funds provided
under the program established in subsection (a) shall be--
(1) provided in the form of direct reimbursements; and
(2) allocated in a manner consistent with the manner under
which funds are allocated under the Southwestern Border
Prosecution Initiative.
(c) Use of Funds.--Funds provided to an eligible northern
border entity under this section may be used by the entity
for any lawful purpose, including:
(1) prosecution and related costs;
(2) court costs;
(3) costs of courtroom technology;
(4) costs of constructing holding spaces;
(5) costs of administrative staff;
(6) costs of defense counsel for indigent defendants; and
(7) detention costs, including pretrial and posttrial
detention.
(d) Definitions.--In this section:
(1) Case disposition.--The term ``case disposition''--
(A) for purposes of the Northern Border Prosecution
Initiative, refers to the time between the arrest of a
suspect and the resolution of the criminal charges through a
county or State judicial or prosecutorial process; and
(B) does not include incarceration time for sentenced
offenders or time spent by prosecutors on judicial appeals.
(2) Eligible northern border entity.--The term ``eligible
northern border entity'' means--
(A) the States of Alaska, Idaho, Maine, Michigan,
Minnesota, Montana, New Hampshire, New York, North Dakota,
Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or
(B) any unit of local government within a State referred to
in subparagraph (A).
(3) Federally declined-referred.--The term ``federally
declined-referred''--
(A) means, with respect to a criminal case, that a decision
has been made in that case by a United States Attorney or a
Federal law enforcement agency during a Federal investigation
to no longer pursue Federal criminal charges against a
defendant and to refer such investigation to a State or local
jurisdiction for possible prosecution; and
(B) includes a decision made on a case-by-case basis as
well as a decision made pursuant to a general policy or
practice or pursuant to prosecutorial discretion.
(4) Federally initiated.--The term ``federally initiated''
means, with respect to a criminal case, that the case results
from a criminal investigation or an arrest involving Federal
law enforcement authorities for a potential violation of
Federal criminal law, including investigations resulting from
multi-jurisdictional task forces.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $28,000,000 for
fiscal year 2006 and such sums as may be necessary for fiscal
years thereafter.

SEC. 576. SOUTHWEST BORDER PROSECUTION INITIATIVE.

(a) Reimbursement to State and Local Prosecutors for
Prosecuting Federally Initiated Drug Cases.--The Attorney
General shall, subject to the availability of appropriations,
reimburse Southern Border State and county prosecutors for
prosecuting federally initiated and referred drug cases.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $50,000,000 for each of the fiscal years
2007 through 2012 to carry out subsection (a).

SEC. 577. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL
SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

(a) In General.--Title II (8 U.S.C. 1151 et. seq.) is
amended by adding after section 240C the following:

``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND
POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS
TO FEDERAL CUSTODY.

``(a) Authority.--Notwithstanding any other provision of
law, law enforcement personnel of a State, or a political
subdivision of a State, have the inherent authority of a
sovereign entity to investigate, apprehend, arrest, detain,
or transfer to Federal custody (including transporting across
State lines to detention centers) an alien for the purpose of
assisting in the enforcement of the criminal provisions of
the immigration laws of the United States in the normal
course of carrying out the law enforcement duties of such
personnel. This State authority has never been displaced or
preempted by a Federal law.
``(b) Construction.--Nothing in this section shall be
construed to require law enforcement personnel of a State or
a political subdivision to assist in the enforcement of the
immigration laws of the United States.
``(c) Transfer.--If the head of a law enforcement entity of
a State (or, if appropriate, a political subdivision of the
State) exercising authority with respect to the apprehension
or arrest of an alien submits a request to the Secretary of
Homeland Security that the alien be taken into Federal
custody, the Secretary of Homeland Security--
``(1) shall--
``(A) deem the request to include the inquiry to verify
immigration status described in section 642(c) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(c)), and expeditiously inform the requesting
entity whether such individual is an alien lawfully admitted
to the United States or is otherwise lawfully present in the
United States; and
``(B) if the individual is an alien who is not lawfully
admitted to the United States or otherwise is not lawfully
present in the United States--
``(i) take the illegal alien into the custody of the
Federal Government not later than 72 hours after--

``(I) the conclusion of the State charging process or
dismissal process; or
``(II) the illegal alien is apprehended, if no State
charging or dismissal process is required; or

``(ii) request that the relevant State or local law
enforcement agency temporarily detain or transport the alien
to a location for transfer to Federal custody; and
``(2) shall designate at least 1 Federal, State, or local
prison or jail or a private contracted prison or detention
facility within each State as the central facility for that
State to transfer custody of aliens to the Department of
Homeland Security.
``(d) Reimbursement.--
``(1) In general.--The Secretary of Homeland Security shall
reimburse a State, or a political subdivision of a State, for
expenses, as verified by the Secretary, incurred by the State
or political subdivision in the detention and transportation
of an alien as described in subparagraphs (A) and (B) of
subsection (c)(1).
``(2) Cost computation.--Compensation provided for costs
incurred under subparagraphs (A) and (B) of subsection (c)(1)
shall be the sum of--
``(A) the product of--
``(i) the average daily cost of incarceration of a prisoner
in the relevant State, as determined by the chief executive
officer of a

[[Page S9539]]

State (or, as appropriate, a political subdivision of the
State); multiplied by
``(ii) the number of days that the alien was in the custody
of the State or political subdivision;
``(B) the cost of transporting the alien from the point of
apprehension or arrest to the location of detention, and if
the location of detention and of custody transfer are
different, to the custody transfer point; and
``(C) the cost of uncompensated emergency medical care
provided to a detained alien during the period between the
time of transmittal of the request described in subsection
(c) and the time of transfer into Federal custody.
``(e) Requirement for Appropriate Security.--The Secretary
of Homeland Security shall ensure that--
``(1) aliens incarcerated in a Federal facility pursuant to
this section are held in facilities which provide an
appropriate level of security; and
``(2) aliens detained solely for civil violations of
Federal immigration law are separated within a facility or
facilities, if practicable.
``(f) Requirement for Schedule.--In carrying out this
section, the Secretary of Homeland Security shall establish a
regular circuit and schedule for the prompt transportation of
apprehended aliens from the custody of those States, and
political subdivisions of States, which routinely submit
requests described in subsection (c), into Federal custody.
``(g) Authority for Contracts.--
``(1) In general.--The Secretary of Homeland Security may
enter into contracts or cooperative agreements with
appropriate State and local law enforcement and detention
agencies to implement this section.
``(2) Determination by secretary.--Before entering into a
contract or cooperative agreement with a State or political
subdivision of a State under paragraph (1), the Secretary
shall determine whether the State, or if appropriate, the
political subdivision in which the agencies are located, has
in place any formal or informal policy that violates section
642 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary
shall not allocate any of the funds made available under this
section to any State or political subdivision that has in
place a policy that violates such section.''.
(b) Authorization of Appropriations for the Detention and
Transportation to Federal Custody of Aliens Not Lawfully
Present.--There are authorized to be appropriated
$850,000,000 for fiscal year 2007 and for each subsequent
fiscal year for the detention and removal of aliens not
lawfully present in the United States under the Immigration
and Nationality Act (8 U.S.C. 1101 et. seq.).

Subtitle C--Border Infrastructure and Technology Modernization

CHAPTER 1--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION ACT

SEC. 581. SHORT TITLE.

This chapter may be cited as the ``Border Infrastructure
and Technology Modernization Act''.

SEC. 582. DEFINITIONS.

In this chapter:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner of the Bureau of Customs and Border Protection
of the Department.
(2) Maquiladora.--The term ``maquiladora'' means an entity
located in Mexico that assembles and produces goods from
imported parts for export to the United States.
(3) Northern border.--The term ``northern border'' means
the international border between the United States and
Canada.
(4) Southern border.--The term ``southern border'' means
the international border between the United States and
Mexico.

SEC. 583. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

(a) Requirement To Update.--Not later than January 31 of
each year, the Administrator of General Services shall update
the Port of Entry Infrastructure Assessment Study prepared by
the Bureau of Customs and Border Protection in accordance
with the matter relating to the ports of entry infrastructure
assessment that is set out in the joint explanatory statement
in the conference report accompanying H.R. 2490 of the 106th
Congress, 1st session (House of Representatives Rep. No. 106-
319, on page 67) and submit such updated study to Congress.
(b) Consultation.--In preparing the updated studies
required in subsection (a), the Administrator of General
Services shall consult with the Director of the Office of
Management and Budget, the Secretary, and the Commissioner.
(c) Content.--Each updated study required in subsection (a)
shall--
(1) identify port of entry infrastructure and technology
improvement projects that would enhance border security and
facilitate the flow of legitimate commerce if implemented;
(2) include the projects identified in the National Land
Border Security Plan required by section 584; and
(3) prioritize the projects described in paragraphs (1) and
(2) based on the ability of a project to--
(A) fulfill immediate security requirements; and
(B) facilitate trade across the borders of the United
States.
(d) Project Implementation.--The Commissioner shall
implement the infrastructure and technology improvement
projects described in subsection (c) in the order of priority
assigned to each project under subsection (c)(3).
(e) Divergence From Priorities.--The Commissioner may
diverge from the priority order if the Commissioner
determines that significantly changed circumstances, such as
immediate security needs or changes in infrastructure in
Mexico or Canada, compellingly alter the need for a project
in the United States.

SEC. 584. NATIONAL LAND BORDER SECURITY PLAN.

(a) In General.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary, after consultation with representatives of
Federal, State, and local law enforcement agencies and
private entities that are involved in international trade
across the northern border or the southern border, shall
submit a National Land Border Security Plan to Congress.
(b) Vulnerability Assessment.--
(1) In general.--The plan required in subsection (a) shall
include a vulnerability assessment of each port of entry
located on the northern border or the southern border.
(2) Port security coordinators.--The Secretary may
establish 1 or more port security coordinators at each port
of entry located on the northern border or the southern
border--
(A) to assist in conducting a vulnerability assessment at
such port; and
(B) to provide other assistance with the preparation of the
plan required in subsection (a).

SEC. 585. EXPANSION OF COMMERCE SECURITY PROGRAMS.

(a) Customs-Trade Partnership Against Terrorism.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commissioner, in consultation with
the Secretary, shall develop a plan to expand the size and
scope, including personnel, of the Customs-Trade Partnership
Against Terrorism programs along the northern border and
southern border, including--
(A) the Business Anti-Smuggling Coalition;
(B) the Carrier Initiative Program;
(C) the Americas Counter Smuggling Initiative;
(D) the Container Security Initiative;
(E) the Free and Secure Trade Initiative; and
(F) other Industry Partnership Programs administered by the
Commissioner.
(2) Southern border demonstration program.--Not later than
180 days after the date of enactment of this Act, the
Commissioner shall implement, on a demonstration basis, at
least 1 Customs-Trade Partnership Against Terrorism program
along the southern border, which has been successfully
implemented along the northern border.
(b) Maquiladora Demonstration Program.--Not later than 180
days after the date of enactment of this Act, the
Commissioner shall establish a demonstration program to
develop a cooperative trade security system to improve supply
chain security.

SEC. 586. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

(a) Establishment.--The Secretary shall carry out a
technology demonstration program to--
(1) test and evaluate new port of entry technologies;
(2) refine port of entry technologies and operational
concepts; and
(3) train personnel under realistic conditions.
(b) Technology and Facilities.--
(1) Technology testing.--Under the technology demonstration
program, the Secretary shall test technologies that enhance
port of entry operations, including operations related to--
(A) inspections;
(B) communications;
(C) port tracking;
(D) identification of persons and cargo;
(E) sensory devices;
(F) personal detection;
(G) decision support; and
(H) the detection and identification of weapons of mass
destruction.
(2) Development of facilities.--At a demonstration site
selected pursuant to subsection (c)(2), the Secretary shall
develop facilities to provide appropriate training to law
enforcement personnel who have responsibility for border
security, including--
(A) cross-training among agencies;
(B) advanced law enforcement training; and
(C) equipment orientation.
(c) Demonstration Sites.--
(1) Number.--The Secretary shall carry out the
demonstration program at not less than 3 sites and not more
than 5 sites.
(2) Selection criteria.--To ensure that at least 1 of the
facilities selected as a port of entry demonstration site for
the demonstration program has the most up-to-date design,
contains sufficient space to conduct the demonstration
program, has a traffic volume low enough to easily
incorporate new technologies without interrupting normal
processing activity, and can efficiently carry out
demonstration and port of entry operations, at least 1 port
of entry selected as a demonstration site shall--
(A) have been established not more than 15 years before the
date of the enactment of this Act;
(B) consist of not less than 65 acres, with the possibility
of expansion to not less than 25 adjacent acres; and

[[Page S9540]]

(C) have serviced an average of not more than 50,000
vehicles per month during the 1-year period ending on the
date of the enactment of this Act.
(d) Relationship With Other Agencies.--The Secretary shall
permit personnel from an appropriate Federal or State agency
to utilize a demonstration site described in subsection (c)
to test technologies that enhance port of entry operations,
including technologies described in subparagraphs (A) through
(H) of subsection (b)(1).
(e) Report.--
(1) Requirement.--Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit to Congress a report on the activities
carried out at each demonstration site under the technology
demonstration program established under this section.
(2) Content.--The report submitted under paragraph (1)
shall include an assessment by the Secretary of the
feasibility of incorporating any demonstrated technology for
use throughout the Bureau of Customs and Border Protection.

SEC. 587. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--In addition to any funds otherwise
available, there are authorized to be appropriated--
(1) such sums as may be necessary for the fiscal years 2007
through 2011 to carry out the provisions of section 583(a);
(2) to carry out section 583(d)--
(A) $100,000,000 for each of the fiscal years 2007 through
2011; and
(B) such sums as may be necessary in any succeeding fiscal
year;
(3) to carry out section 585(a)--
(A) $30,000,000 for fiscal year 2007, of which $5,000,000
shall be made available to fund the demonstration project
established in section 586(a)(2); and
(B) such sums as may be necessary for the fiscal years 2008
through 2011;
(4) to carry out section 585(b)--
(A) $5,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for the fiscal years 2008
through 2011; and
(5) to carry out section 586, provided that not more than
$10,000,000 may be expended for technology demonstration
program activities at any 1 port of entry demonstration site
in any fiscal year--
(A) $50,000,000 for fiscal year 2007; and
(B) such sums as may be necessary for each of the fiscal
years 2008 through 2011.
(b) International Agreements.--Amounts authorized to be
appropriated under this chapter may be used for the
implementation of projects described in the Declaration on
Embracing Technology and Cooperation to Promote the Secure
and Efficient Flow of People and Commerce across our Shared
Border between the United States and Mexico, agreed to March
22, 2002, Monterrey, Mexico (commonly known as the Border
Partnership Action Plan) or the Smart Border Declaration
between the United States and Canada, agreed to December 12,
2001, Ottawa, Canada that are consistent with the provisions
of this chapter.

CHAPTER 2--ADDITIONAL INFRASTRUCTURE ELEMENTS

SEC. 591. SURVEILLANCE TECHNOLOGIES PROGRAMS.

(a) Aerial Surveillance Program.--
(1) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not
later than 90 days after the date of enactment of this Act,
shall develop and implement a program to fully integrate and
utilize aerial surveillance technologies, including unmanned
aerial vehicles, to enhance the security of the international
border between the United States and Canada and the
international border between the United States and Mexico.
The goal of the program shall be to ensure continuous
monitoring of each mile of each such border.
(2) Assessment and consultation requirements.--In
developing the program under this subsection, the Secretary
shall--
(A) consider current and proposed aerial surveillance
technologies;
(B) assess the feasibility and advisability of utilizing
such technologies to address border threats, including an
assessment of the technologies considered best suited to
address respective threats;
(C) consult with the Secretary of Defense regarding any
technologies or equipment, which the Secretary may deploy
along an international border of the United States; and
(D) consult with the Administrator of the Federal Aviation
Administration regarding safety, airspace coordination and
regulation, and any other issues necessary for implementation
of the program.
(3) Additional requirements.--
(A) In general.--The program developed under this
subsection shall include the use of a variety of aerial
surveillance technologies in a variety of topographies and
areas, including populated and unpopulated areas located on
or near an international border of the United States, in
order to evaluate, for a range of circumstances--
(i) the significance of previous experiences with such
technologies in border security or critical infrastructure
protection;
(ii) the cost and effectiveness of various technologies for
border security, including varying levels of technical
complexity; and
(iii) liability, safety, and privacy concerns relating to
the utilization of such technologies for border security.
(4) Continued use of aerial surveillance technologies.--The
Secretary may continue the operation of aerial surveillance
technologies while assessing the effectiveness of the
utilization of such technologies.
(5) Report to congress.--Not later than 180 days after
implementing the program under this subsection, the Secretary
shall submit a report to Congress regarding the program
developed under this subsection. The Secretary shall include
in the report a description of the program together with such
recommendations as the Secretary finds appropriate for
enhancing the program.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Integrated and Automated Surveillance Program.--
(1) Requirement for program.--Subject to the availability
of appropriations, the Secretary shall establish a program to
procure additional unmanned aerial vehicles, cameras, poles,
sensors, satellites, radar coverage, and other technologies
necessary to achieve operational control of the international
borders of the United States and to establish a security
perimeter known as a ``virtual fence'' along such
international borders to provide a barrier to illegal
immigration. Such program shall be known as the Integrated
and Automated Surveillance Program.
(2) Program components.--The Secretary shall ensure, to the
maximum extent feasible, the Integrated and Automated
Surveillance Program is carried out in a manner that--
(A) the technologies utilized in the Program are integrated
and function cohesively in an automated fashion, including
the integration of motion sensor alerts and cameras, whereby
a sensor alert automatically activates a corresponding camera
to pan and tilt in the direction of the triggered sensor;
(B) cameras utilized in the Program do not have to be
manually operated;
(C) such camera views and positions are not fixed;
(D) surveillance video taken by such cameras can be viewed
at multiple designated communications centers;
(E) a standard process is used to collect, catalog, and
report intrusion and response data collected under the
Program;
(F) future remote surveillance technology investments and
upgrades for the Program can be integrated with existing
systems;
(G) performance measures are developed and applied that can
evaluate whether the Program is providing desired results and
increasing response effectiveness in monitoring and detecting
illegal intrusions along the international borders of the
United States;
(H) plans are developed under the Program to streamline
site selection, site validation, and environmental assessment
processes to minimize delays of installing surveillance
technology infrastructure;
(I) standards are developed under the Program to expand the
shared use of existing private and governmental structures to
install remote surveillance technology infrastructure where
possible; and
(J) standards are developed under the Program to identify
and deploy the use of nonpermanent or mobile surveillance
platforms that will increase the Secretary's mobility and
ability to identify illegal border intrusions.
(3) Report to congress.--Not later than 1 year after the
initial implementation of the Integrated and Automated
Surveillance Program, the Secretary shall submit to Congress
a report regarding the Program. The Secretary shall include
in the report a description of the Program together with any
recommendation that the Secretary finds appropriate for
enhancing the program.
(4) Evaluation of contractors.--
(A) Requirement for standards.--The Secretary shall develop
appropriate standards to evaluate the performance of any
contractor providing goods or services to carry out the
Integrated and Automated Surveillance Program.
(B) Review by the inspector general.--The Inspector General
of the Department shall timely review each new contract
related to the Program that has a value of more than
$5,000,000, to determine whether such contract fully complies
with applicable cost requirements, performance objectives,
program milestones, and schedules. The Inspector General
shall report the findings of such review to the Secretary in
a timely manner. Not later than 30 days after the date the
Secretary receives a report of findings from the Inspector
General, the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report of such findings and a description
of any the steps that the Secretary has taken or plans to
take in response to such findings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.

SEC. 592. BORDER SECURITY ON CERTAIN FEDERAL LAND.

(a) Definitions.--In this section:
(1) Protected land.--The term ``protected land'' means land
under the jurisdiction of the Secretary concerned.
(2) Secretary concerned.--The term ``Secretary concerned''
means--

[[Page S9541]]

(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(b) Support for Border Security Needs.--
(1) In general.--To gain operational control over the
international land borders of the United States and to
prevent the entry of terrorists, unlawful aliens, narcotics,
and other contraband into the United States, the Secretary,
in cooperation with the Secretary concerned, shall provide--
(A) increased Customs and Border Protection personnel to
secure protected land along the international land borders of
the United States;
(B) Federal land resource training for Customs and Border
Protection agents dedicated to protected land; and
(C) Unmanned Aerial Vehicles, aerial assets, Remote Video
Surveillance camera systems, and sensors on protected land
that is directly adjacent to the international land border of
the United States, with priority given to units of the
National Park System.
(2) Coordination.--In providing training for Customs and
Border Protection agents under paragraph (1)(B), the
Secretary shall coordinate with the Secretary concerned to
ensure that the training is appropriate to the mission of the
National Park Service, the United States Fish and Wildlife
Service, the Forest Service, or the relevant agency of the
Department of the Interior or the Department of Agriculture
to minimize the adverse impact on natural and cultural
resources from border protection activities.
(c) Inventory of Costs and Activities.--The Secretary
concerned shall develop and submit to the Secretary an
inventory of costs incurred by the Secretary concerned
relating to illegal border activity, including the cost of
equipment, training, recurring maintenance, construction of
facilities, restoration of natural and cultural resources,
recapitalization of facilities, and operations.
(d) Recommendations.--The Secretary shall--
(1) develop joint recommendations with the National Park
Service, the United States Fish and Wildlife Service, and the
Forest Service for an appropriate cost recovery mechanism
relating to items identified in subsection (c); and
(2) not later than March 31, 2007, submit to the
appropriate congressional committees (as defined in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101)),
including the Subcommittee on National Parks of the Senate
and the Subcommittee on National Parks, Recreation and Public
Lands of the House of Representatives, the recommendations
developed under paragraph (1).
(e) Border Protection Strategy.--The Secretary, the
Secretary of the Interior, and the Secretary of Agriculture
shall jointly develop a border protection strategy that
supports the border security needs of the United States in
the manner that best protects--
(1) units of the National Park System;
(2) National Forest System land;
(3) land under the jurisdiction of the United States Fish
and Wildlife Service; and
(4) other relevant land under the jurisdiction of the
Department of the Interior or the Department of Agriculture.

SEC. 593. UNMANNED AERIAL VEHICLES.

(a) Unmanned Aerial Vehicles and Associated
Infrastructure.--The Secretary shall acquire and maintain MQ-
9 unmanned aerial vehicles for use on the border, including
related equipment such as--
(1) additional sensors;
(2) critical spares;
(3) satellite command and control; and
(4) other necessary equipment for operational support.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out subsection (a)--
(A) $178,400,000 for fiscal year 2007; and
(B) $276,000,000 for fiscal year 2008.
(2) Availability of funds.--Amounts appropriated pursuant
to paragraph (1) shall remain available until expended.
______

SA 4991. Mr. BURNS submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE      --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. Implementation of ENHANCE-911 Act.
Sec. --06. Definitions.

SEC. --02. EMERGENCY SERVICE.

(a) 911 and E-911 Services.--
(1) In general.--The Federal Communications Commission
shall review the requirements established in its Report and
Order in WC Docket Nos. 04-36 and 05-196 and shall, within
120 days after the date of enactment of this Act, revise its
regulations as may be necessary, or promulgate such
additional regulations as may be necessary, to establish
requirements that are technologically and operationally
feasible for providers of IP-enabled voice service to ensure
that 911 and E-911 services are available to subscribers to
IP-enabled voice services.
(2) Content.--In the regulations prescribed under paragraph
(1), the Commission shall include an appropriate transition
period for compliance with those requirements that takes into
consideration--
(A) available industry technology and operational
standards;
(B) network security; and
(C) public safety answering point capabilities.
(3) Delegation of enforcement to state commissions.--The
Commission may delegate authority to enforce the rules and
regulations issued under this title to State commissions or
other State agencies or programs with jurisdiction over
emergency communications.
(4) Effective date.--The regulations prescribed under
paragraph (1) may not take effect earlier than 90 days after
the date on which the Commission issues a final rule under
that paragraph.
(b) 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.
(c) 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.
(d) 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.
(e) 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 2006, 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;

[[Page S9542]]

``(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 2006.
``(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. IMPLEMENTATION OF ENHANCE-911 ACT.

(a) In General.--Pursuant to section 3011 of Public Law
109-171 (47 U.S.C. 309 note), the Secretary of Commerce,
through the Assistant Secretary for Communications and
Information shall make payments of not to exceed $43,500,000
to implement section 158 of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
942) no later than 10 days after the date of enactment of
this Act.
(b) Borrowing Authority.--The Assistant Secretary may
borrow from the Treasury beginning on October 1, 2006, such
sums as may be necessary, but not to exceed $43,500,000, to
implement this section. The Assistant Secretary shall
reimburse the Treasury, without interest, as funds are
deposited into the Digital Television Transition and Public
Safety Fund.

SEC. --06. DEFINITIONS.

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

SA 4992. Mr. DeMINT submitted an amendment intended to be proposed to
amendment SA 4970 proposed by Mr. DeMint to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY
CARDS TO CONVICTED FELONS.

Section 70105 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the
individual poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Except as provided under paragraph (2), an individual
shall be deemed to pose a security risk under this section if
the Secretary determines that the individual--
``(A) has been convicted (or has been found not guilty by
reason of insanity) within the preceding 10 years of--
``(i) destruction of a vessel or maritime facility under
section 2291 of title 18;
``(ii) violence against maritime navigation under section
2280 of title 18;
``(iii) forgery of certificates of documentation, falsified
vessel identification, or other vessel documentation
violation under section 12507 or 12122 of this title;
``(iv) interference with maritime commerce under section
2282A of title 18;
``(v) improper transportation of a hazardous material under
section 46312 of title 49;
``(vi) piracy or privateering under chapter 81 of title 18;
``(vii) firing or tampering with vessels under section 2275
of title 18;
``(viii) carrying a dangerous weapon or explosive aboard a
vessel under section 2277 of title 18;
``(ix) failure to heave to, obstruction of boarding, or
providing false information under section 2237 of title 18;
``(x) imparting or conveying false information under
section 2292 of title 18;
``(xi) entry by false pretense to any seaport under section
1036 of title 18;
``(xii) murder;
``(xiii) assault with intent to murder;
``(xiv) espionage;
``(xv) sedition;
``(xvi) kidnapping or hostage taking;
``(xvii) treason;
``(xviii) rape or aggravated sexual abuse;
``(xix) unlawful possession, use, sale, distribution, or
manufacture of an explosive or weapon;
``(xx) extortion;
``(xxi) armed or felony unarmed robbery;
``(xxii) distribution of, or intent to distribute, a
controlled substance;
``(xxiii) felony arson;
``(xxiv) a felony involving a threat;
``(xxv) a felony involving illegal possession of a
controlled substance punishable by a maximum term of
imprisonment of more than 1 year, willful destruction of
property, importation or manufacture of a controlled
substance, burglary, theft, dishonesty, fraud,
misrepresentation, possession or distribution of stolen
property, aggravated assault, or bribery; or
``(xxvi) conspiracy or attempt to commit any of the
criminal acts listed in this subparagraph;
``(B) may be denied admission to the United States or
removed from the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or
``(C) otherwise poses a terrorism security risk to the
United States.''.
______

SA 4993. Mr. DeMINT submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY
CARDS TO CONVICTED FELONS.

Section 70105 of title 46, United States Code, is amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the
individual poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:

[[Page S9543]]

``(1) Except as provided under paragraph (2), an individual
shall be deemed to pose a security risk under this section if
the Secretary determines that the individual--
``(A) has been convicted (or has been found not guilty by
reason of insanity) within the preceding 10 years of--
``(i) destruction of a vessel or maritime facility under
section 2291 of title 18;
``(ii) violence against maritime navigation under section
2280 of title 18;
``(iii) forgery of certificates of documentation, falsified
vessel identification, or other vessel documentation
violation under section 12507 or 12122 of this title;
``(iv) interference with maritime commerce under section
2282A of title 18;
``(v) improper transportation of a hazardous material under
section 46312 of title 49;
``(vi) piracy or privateering under chapter 81 of title 18;
``(vii) firing or tampering with vessels under section 2275
of title 18;
``(viii) carrying a dangerous weapon or explosive aboard a
vessel under section 2277 of title 18;
``(ix) failure to heave to, obstruction of boarding, or
providing false information under section 2237 of title 18;
``(x) imparting or conveying false information under
section 2292 of title 18;
``(xi) entry by false pretense to any seaport under section
1036 of title 18;
``(xii) murder;
``(xiii) assault with intent to murder;
``(xiv) espionage;
``(xv) sedition;
``(xvi) kidnapping or hostage taking;
``(xvii) treason;
``(xviii) rape or aggravated sexual abuse;
``(xix) unlawful possession, use, sale, distribution, or
manufacture of an explosive or weapon;
``(xx) extortion;
``(xxi) armed or felony unarmed robbery;
``(xxii) distribution of, or intent to distribute, a
controlled substance;
``(xxiii) felony arson;
``(xxiv) a felony involving a threat;
``(xxv) a felony involving illegal possession of a
controlled substance punishable by a maximum term of
imprisonment of more than 1 year, willful destruction of
property, importation or manufacture of a controlled
substance, burglary, theft, dishonesty, fraud,
misrepresentation, possession or distribution of stolen
property, aggravated assault, or bribery; or
``(xxvi) conspiracy or attempt to commit any of the
criminal acts listed in this subparagraph;
``(B) may be denied admission to the United States or
removed from the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or
``(C) otherwise poses a terrorism security risk to the
United States.''.
______

SA 4994. Mr. McCAIN (for himself and Mrs. Boxer) submitted an
amendment intended to be proposed by him to the bill H.R. 4954, to
improve maritime and cargo security through enhanced layered defenses,
and for other purposes; which was ordered to lie on the table; as
follows:

On page 41, following the matter after line 25, insert the
following:

SEC. 114. TRANSFER OF PUBLIC SAFETY GRANT PROGRAM TO THE
DEPARTMENT OF HOMELAND SECURITY.

Section 3006 of the Digital Television Transition and
Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 24)
is amended--
(1) in subsection (a)--
(A) by striking ``The Assistant Secretary, in consultation
with the'' and inserting ``The''; and
(B) in paragraph (1), by inserting ``planning of,'' before
``acquistion of''; and
(2) in subsection (b), by striking ``Assistant Secretary''
each place that term appears and inserting ``Secretary of
Homeland Security''.
______

SA 4995. Ms. BOXER submitted an amendment intended to be proposed by
her to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. BLAST-RESISTANT CONTAINERS.

Section 41704 of title 49, United States Code, is amended
by adding at the end the following: ``Each aircraft used to
provide air transportation for individuals and their baggage
or other cargo shall be equipped with not less than 1
hardened, blast-resistant cargo container. The Department of
Homeland Security will provide each airline with sufficient
blast-resistant cargo containers 90 days after the Department
of Homeland Security's pilot program is completed.''.
______

SA 4996. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

On page 5, between lines 11 and 12, insert the following:
(8) Hazardous.--The term ``hazardous'' has the meaning
given the term ``hazardous materials'' in section 2101(14) of
title 46, United States Code.
On page 6, after line 25, add the following:
(16) Tanker.--The term ``tanker'' has the meaning given
such term in section 2101(38) of title 46, United States
Code.
(17) Tanker security initiative; tsi.--The terms ``Tanker
Security Initiative'' and ``TSI'' mean the program authorized
under section 206 to identify and examine tankers that could
pose a risk for terrorism at foreign ports before they arrive
in ports of the United States.
On page 21, between lines 15 and 16, insert the following:
(F) hazardous cargo security;
On page 21, line 16, strike ``(F)'' and insert ``(G)''.
On page 21, line 18, strike ``(G)'' and insert ``(H)''.
On page 21, line 20, strike ``(H)'' and insert ``(I)''.
On page 21, line 21, strike ``(I)'' and insert ``(J)''.
On page 21, line 25, strike ``(J)'' and insert ``(K)''.
On page 25, line 24, insert ``and hazardous cargoes'' after
``containers''.
On page 26, line 9, strike ``and''.
On page 26, line 13, strike the period at the end and
insert ``; and''.
On page 26, between lines 13 and 14, insert the following:
(9) a radiation detection and imagery strategy for
hazardous cargoes.
On page 29, line 22, insert ``or hazardous cargoes'' after
``containers''.
On page 30, line 18, insert ``or hazardous cargoes'' after
``containers''.
On page 31, line 1, insert ``and hazardous cargoes'' after
``containers''.
On page 34, line 9, insert ``and hazardous cargoes'' after
``containers''.
On page 36, line 12, insert ``or the Tanker Security
Initiative''.
On page 38, line 21, insert ``or hazardous cargo'' after
``container''.
On page 39, line 24, insert ``or hazardous'' after
``container''.
On page 40, line 9, strike ``CONTAINER'' and insert
``CARGO''.
On page 40, line 16, insert ``and hazardous cargoes'' after
``containers''.
On page 41, line 15, insert ``and hazardous cargoes'' after
``containers''.
On page 48, between lines 2 and 3, insert the following:

SEC. 206. TANKER SECURITY INITIATIVE.

(a) Establishment.--The Secretary, acting through the
Commissioner, shall establish and implement a program (to be
known as the ``Tanker Security Initiative'' or ``TSI'') to
promulgate and enforce standards and carry out activities to
ensure that tanker vessels that transport petrochemicals,
natural gas, or other hazardous materials are not used by
terrorists or as carriers of weapons of mass destruction.
(b) Elements.--In carrying out the Tanker Security
Initiative, the Secretary may--
(1) develop physical standards intended to prevent
terrorists from placing a weapon of mass destruction in or on
a tanker vessel without detection;
(2) develop detection equipment, and prescribe the use of
such equipment, to be employed on a tanker vessel that is
bound for a United States port of entry;
(3) develop new security inspection procedures required to
be carried out on a tanker vessel at a foreign port of
embarkation, on the high seas, or in United States waters
prior to the arrival of such tanker at a United States port
of entry;
(4) carry out research and development of sensing devices
to detect any nuclear device that is placed in or on a tanker
vessel; and
(5) provide assistance to a foreign country to assist such
country in carrying out any provisions of the Tanker Security
Initiative.
(c) Assessment.--Before the Secretary designates any
foreign port under TSI, the Secretary, in coordination with
other Federal officials, as appropriate, shall conduct an
assessment of the port to evaluate the costs, benefits, and
other factors associated with such designation, including--
(1) the level of risk for the potential compromise of
tankers by terrorists or terrorist weapons;
(2) the economic impact of tankers traveling from the
foreign port to the United States in terms of trade value and
volume;
(3) the results of the Coast Guard assessments conducted
pursuant to section 70108 of title 46, United States Code;
(4) the capabilities and level of cooperation expected of
the government of the intended host country;
(5) the willingness of the government of the intended host
country to permit validation of security practices within the
country in which the foreign port is located, for the
purposes of C-TPAT or similar programs; and
(6) the potential for C-TPAT and GreenLane cargo traveling
through the foreign port.
(d) Annual Report.--Not later than March 1 of each year in
which the Secretary proposes to designate a foreign port
under TSI, the Secretary shall submit a report, in classified
or unclassified form, detailing the assessment of each
foreign port the Secretary is considering designating under
TSI, to the appropriate congressional committees.
(e) Designation of New Ports.--The Secretary shall not
designate a foreign port that processes hazardous cargoes
under TSI unless the Secretary has completed the assessment
required in subsection (c) for that port

[[Page S9544]]

and submitted a report under subsection (d) that includes
that port.
(f) Negotiations.--The Secretary may request that the
Secretary of State, in conjunction with the United States
Trade Representative, enter into trade negotiations with the
government of each foreign country with a port designated
under TSI, as appropriate, to ensure full compliance with the
requirements under TSI.
(g) Inspections.--
(1) Requirements and procedures.--The Secretary shall--
(A) establish technical capability requirements and
standard operating procedures for the use of nonintrusive
inspection and radiation detection equipment in conjunction
with TSI;
(B) require that the equipment operated at each port
designated under TSI be operated in accordance with the
requirements and procedures established under subparagraph
(A); and
(C) continually monitor the technologies, processes, and
techniques used to inspect cargo at ports designated under
the Container Security Initiative.
(2) Considerations.--
(A) Consistency of standards and procedures.--In
establishing the technical capability requirements and
standard operating procedures under paragraph (1)(A), the
Secretary shall take into account any such relevant standards
and procedures utilized by other Federal departments or
agencies as well as those developed by international bodies.
Such standards and procedures shall not be designed to
endorse the product or technology of any specific company or
to conflict with the sovereignty of a country in which a
foreign seaport designated under the Tanker Security
Initiative is located.
(B) Applicability.--The technical capability requirements
and standard operating procedures established pursuant to
paragraph (1)(A) shall not apply to activities conducted
under the Megaports Initiative of the Department of Energy.
(h) Coordination.--The Secretary shall coordinate with the
Secretary of Energy to--
(1) provide radiation detection equipment required to
support the Tanker Security Initiative through the Department
of Energy's Second Line of Defense and Megaports programs; or
(2) work with the private sector to obtain radiation
detection equipment that meets the Department's technical
specifications for such equipment.
(i) Personnel.--The Secretary shall--
(1) annually assess the personnel needs at each port
designated under TSI;
(2) deploy personnel in accordance with the assessment
under paragraph (1); and
(3) consider the potential for remote targeting in
decreasing the number of personnel.
(j) Annual Discussions.--The Secretary, in coordination
with the appropriate Federal officials, shall hold annual
discussions with foreign governments of countries in which
foreign seaports designated under the Tanker Security
Initiative are located regarding best practices, technical
assistance, training needs, and technological developments
that will assist in ensuring the efficient and secure
movement of international cargo.
(k) Lesser Risk Port.--The Secretary, acting through the
Commissioner, may treat cargo loaded in a foreign seaport
designated under the Tanker Security Initiative as presenting
a lesser risk than similar cargo loaded in a foreign seaport
that is not designated under the Tanker Security Initiative,
for the purpose of clearing such cargo into the United
States.
(l) Budget Analysis.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall submit a
budget analysis for implementing the provisions of this
section, including additional cost-sharing arrangements with
other Federal departments and other participants involved in
the joint operation centers, to appropriate congressional
committees.
(m) Savings Provision.--The authority of the Secretary
under this section shall not affect any authority or
duplicate any efforts or responsibilities of the Federal
Government with respect to the deployment of radiation
detection equipment outside of the United States under any
program administered by the Department.
On page 62, line 21, insert ``or the Tanker Security
Initiative'' after ``Container Security Initiative''.
______

SA 4997. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

On page 18, between lines 22 and 23, insert the following:
(b) Risk Management Plan.--
(1) In general.--Under the direction of the Commandant of
the Coast Guard, each Area Maritime Security Committee shall
develop a Port Wide Risk Management Plan that includes--
(A) security goals and objectives, supported by a risk
assessment and an evaluation of alternatives;
(B) a management selection process; and
(C) active monitoring to measure effectiveness.
(2) Risk assessment tool.--The Secretary shall make
available, and Area Maritime Security Committees shall use, a
risk assessment tool that uses standardized risk criteria,
such as the Maritime Security Risk Assessment Tool used by
the Coast Guard, to develop the Port Wide Risk Management
Plan.
On page 19, line 16, strike ``and''.
On page 19, line 18, strike the period at the end and
insert ``; and''.
On page 19, between lines 18 and 19, insert the following:
``(3) is consistent with the Port Wide Risk Management Plan
developed under section 111(b) of the Port Security
Improvement Act of 2006.
On page 19, strike line 24 and insert the following:

for Preparedness, may require.
``(h) Reports.--Not later than 180 days after the date of
the enactment of the Port Security Improvement Act of 2006,
the Secretary, acting through the Commandant of the Coast
Guard, shall submit a report to Congress, in a secure format,
describing the methodology used to allocate port security
grant funds on the basis of risk.''.
______

SA 4998. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

On page 16, between lines 9 and 10, insert the following:
``(3) establish a program to improve the interoperability
of communications equipment used by law enforcement and other
officials operating in the port with the communications
equipment used by local law enforcement officials and first
responders;
______

SA 4999. Mr. MENENDEZ (for himself, Mr. Lautenberg, Mr. Biden, and
Mr. Bayh) submitted an amendment intended to be proposed by him to the
bill H.R. 4954, to improve maritime and cargo security through enhanced
layered defenses, and for other purposes; as follows:

On page 30, between lines 8 and 9, insert the following:

SEC. 126. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall develop an
initial plan to scan--
(1) 100 percent of the cargo containers destined for the
United States before such containers arrive in the United
States; and
(2) cargo containers before such containers leave ports in
the United States.
(b) Plan Contents.--The plan developed under this section
shall include--
(1) specific annual benchmarks for--
(A) the percentage of cargo containers destined for the
United States that are scanned at a foreign port; and
(B) the percentage of cargo containers originating in the
United States and destined for a foreign port that are
scanned in a port in the United States before leaving the
United States;
(2) annual increases in the benchmarks described in
paragraph (1) until 100 percent of the cargo containers
destined for the United States are scanned before arriving in
the United States;
(3) a description of the consequences to be imposed on
foreign ports or United States ports that do not meet the
benchmarks described in paragraphs (1) and (2), which may
include the loss of access to United States ports and fines;
(4) the use of existing programs, including CSI and C-TPAT,
to reach annual benchmarks;
(5) the use of scanning equipment, personnel, and
technology to reach the goal of 100 percent scanning of cargo
containers.
On page 61, line 6, strike the period at the end and insert
``; and''.
On page 62, between lines 6 and 7, insert the following:
(5) an update of the initial 100 percent scanning plan
based on lessons learned from the pilot program.
______

SA 5000. Ms. SNOWE submitted an amendment intended to be proposed by
her to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. 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

[[Page S9545]]

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.
______

SA 5001. Mr. WYDEN (for himself and Mr. Smith) submitted an amendment
intended to be proposed by him to the bill H.R. 4954, to improve
maritime and cargo security through enhanced layered defenses, and for
other purposes; which was ordered to lie on the table; as follows:

On page 4, line 25, strike ``a device'' and all that
follows through page 5, line 4, and insert the following: ``a
device, or system, designed, at a minimum, to identify
positively a container, to detect and record the unauthorized
intrusion of a container, and to secure a container against
tampering throughout the supply chain. Such a device, or
system, shall have a low false alarm rate as determined by
the Secretary.''.
______

SA 5002. Mr. LIEBERMAN (for himself, Mr. Stevens, and Mr. Inouye)
submitted an amendment intended to be proposed by him to the bill H.R.
4954, to improve maritime and cargo security through enhanced layered
defenses, and for other purposes; which was ordered to lie on the
table; as follows:

On page 87, beginning with ``and'' on line 5, strike all
through line 9, and insert the following:
``(8) an assessment of the feasibility of reducing the
transit time for in-bond shipments, including an assessment
of the impact of such a change on domestic and international
trade; and
``(9) an assessment of the security threat posed by in-bond
cargo, including an assessment of any means for mitigating
the threat posed by in-bond cargo.
______

SA 5003. Mr. BAUCUS (for himself, Ms. Stabenow, Mr. Menendez, Ms.
Cantwell, Mrs. Boxer, Mr. Carper, Mrs. Clinton, Mr. Dayton, Mr. Dodd,
Mr. Dorgan, Mr. Harkin, Mr. Inouye, Mr. Jeffords, Mr. Johnson, Mr.
Kerry, Mr. Kohl, Ms. Landrieu, Mr. Levin, Mr. Lieberman, Mrs. Lincoln,
Ms. Mikulski, Mr. Nelson of Florida, Mr. Pryor, Mr. Reid, Mr.
Rockefeller, Mr. Salazar, Mr. Schumer, Mrs. Murray, Mr. Bingaman, Mrs.
Feinstein, Mr. Kennedy, Mr. Obama, Mr. Reed, and Mr. Akaka) submitted
an amendment intended to be proposed by him to the bill H.R. 4096, to
amend the Internal Revenue Code of 1986 to extend to 2006 the
alternative minimum tax relief available in 2005 and to index such
relief for inflation; which was ordered to lie on the table; as
follows:

Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE, ETC.

(a) Short Title.--This Act may be cited as the ``Tax Relief
Extension Act of 2006''.
(b) Reference.--Except as otherwise expressly provided,
whenever in this Act an amendment or repeal is expressed in
terms of an amendment to, or repeal of, a section or other
provision, the reference shall be considered to be made to a
section or other provision of the Internal Revenue Code of
1986.
(c) Table of Contents.--The table of contents for this Act
is as follows:

Sec. 1. Short title, etc.

TITLE I--EXTENSION AND EXPANSION OF CERTAIN TAX RELIEF PROVISIONS

Sec. 101. Deduction for qualified tuition and related expenses.
Sec. 102. Extension and modification of new markets tax credit.
Sec. 103. Election to deduct State and local general sales taxes.
Sec. 104. Extension and modification of research credit.
Sec. 105. Work opportunity tax credit and welfare-to-work credit.
Sec. 106. Election to include combat pay as earned income for purposes
of earned income credit.
Sec. 107. Extension and modification of qualified zone academy bonds.
Sec. 108. Above-the-line deduction for certain expenses of elementary
and secondary school teachers.
Sec. 109. Extension and expansion of expensing of brownfields
remediation costs.
Sec. 110. Tax incentives for investment in the District of Columbia.
Sec. 111. Indian employment tax credit.
Sec. 112. Accelerated depreciation for business property on Indian
reservations.
Sec. 113. Fifteen-year straight-line cost recovery for qualified
leasehold improvements and qualified restaurant property.
Sec. 114. Cover over of tax on distilled spirits.
Sec. 115. Parity in application of certain limits to mental health
benefits.
Sec. 116. Corporate donations of scientific property used for research
and of computer technology and equipment.
Sec. 117. Availability of medical savings accounts.
Sec. 118. Taxable income limit on percentage depletion for oil and
natural gas produced from marginal properties.
Sec. 119. American Samoa economic development credit.
Sec. 120. Restructuring of New York Liberty Zone tax credits.
Sec. 121. Extension of bonus depreciation for certain qualified Gulf
Opportunity Zone property.
Sec. 122. Authority for undercover operations.
Sec. 123. Disclosures of certain tax return information.

TITLE II--OTHER TAX PROVISIONS

Sec. 201. Deduction allowable with respect to income attributable to
domestic production activities in Puerto Rico.
Sec. 202. Credit for prior year minimum tax liability made refundable
after period of years.
Sec. 203. Returns required in connection with certain options.
Sec. 204. Partial expensing for advanced mine safety equipment.
Sec. 205. Mine rescue team training tax credit.
Sec. 206. Whistleblower reforms.
Sec. 207. Frivolous tax submissions.
Sec. 208. Addition of meningococcal and human papillomavirus vaccines
to list of taxable vaccines.
Sec. 209. Clarification of taxation of certain settlement funds made
permanent.
Sec. 210. Modification of active business definition under section 355
made permanent.
Sec. 211. Revision of State veterans limit made permanent.
Sec. 212. Capital gains treatment for certain self-created musical
works made permanent.
Sec. 213. Reduction in minimum vessel tonnage which qualifies for
tonnage tax made permanent.
Sec. 214. Modification of special arbitrage rule for certain funds made
permanent.
Sec. 215. Great Lakes domestic shipping to not disqualify vessel from
tonnage tax.
Sec. 216. Use of qualified mortgage bonds to finance residences for
veterans without regard to first-time homebuyer
requirement.
Sec. 217. Exclusion of gain from sale of a principal residence by
certain employees of the intelligence community.
Sec. 218. Treatment of coke and coke gas.
Sec. 219. Sale of property by judicial officers.
Sec. 220. Premiums for mortgage insurance.
Sec. 221. Modification of refunds for kerosene used in aviation.
Sec. 222. Deduction for qualified timber gain.
Sec. 223. Credit to holders of rural renaissance bonds.
Sec. 224. Restoration of deduction for travel expenses of spouse, etc.
accompanying taxpayer on business travel.
Sec. 225. Technical corrections.

TITLE III--SURFACE MINING CONTROL AND RECLAMATION ACT AMENDMENTS OF
2006

Sec. 301. Short title.

Subtitle A--Mining Control and Reclamation

Sec. 311. Abandoned Mine Reclamation Fund and purposes.
Sec. 312. Reclamation fee.
Sec. 313. Objectives of Fund.
Sec. 314. Reclamation of rural land.
Sec. 315. Liens.
Sec. 316. Certification.
Sec. 317. Remining incentives.
Sec. 318. Extension of limitation on application of prohibition on
issuance of permit.
Sec. 319. Tribal regulation of surface coal mining and reclamation
operations.

Subtitle B--Coal Industry Retiree Health Benefit Act

Sec. 321. Certain related persons and successors in interest relieved
of liability if premiums prepaid.
Sec. 322. Transfers to funds; premium relief.
Sec. 323. Other provisions.

TITLE I--EXTENSION AND EXPANSION OF CERTAIN TAX RELIEF PROVISIONS

SEC. 101. DEDUCTION FOR QUALIFIED TUITION AND RELATED
EXPENSES.

(a) In General.--Section 222(e) is amended by striking
``2005''and inserting ``2007''.
(b) Conforming Amendments.--Section 222(b)(2)(B) is
amended--
(1) by striking ``a taxable year beginning in 2004 or
2005'' and inserting ``any taxable year beginning after
2003'', and
(2) by striking ``2004 and 2005'' in the heading and
inserting ``After 2003''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2005.

SEC. 102. EXTENSION AND MODIFICATION OF NEW MARKETS TAX
CREDIT.

(a) Extension.--Section 45D(f)(1)(D) is amended by striking
``and 2007'' and inserting ``, 2007, and 2008''.
(b) Regulations Regarding Non-Metropolitan Counties.--
Section 45D(i) is amended by striking ``and'' at the end of
paragraph

[[Page S9546]]

(4), by striking the period at the end of paragraph (5) and
inserting ``, and'', and by adding at the end the following
new paragraph:
``(6) which ensure that non-metropolitan counties receive a
proportional allocation of qualified equity investments.''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act.

SEC. 103. ELECTION TO DEDUCT STATE AND LOCAL GENERAL SALES
TAXES.

(a) In General.--Section 164(b)(5)(I) is amended by
striking ``2006'' and inserting ``2008''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2005.

SEC. 104. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

(a) Extension.--
(1) In general.--Section 41(h)(1)(B) is amended by striking
``2005'' and inserting ``2007''.
(2) Conforming amendment.--Section 45C(b)(1)(D) is amended
by striking ``2005'' and inserting ``2007''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after December 31,
2005.
(b) Increase in Rates of Alternative Incremental Credit.--
(1) In general.--Subparagraph (A) of section 41(c)(4)
(relating to election of alternative incremental credit) is
amended--
(A) by striking ``2.65 percent'' and inserting ``3
percent'',
(B) by striking ``3.2 percent'' and inserting ``4
percent'', and
(C) by striking ``3.75 percent'' and inserting ``5
percent''.
(2) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after December 31,
2006.
(c) Alternative Simplified Credit for Qualified Research
Expenses.--
(1) In general.--Subsection (c) of section 41 (relating to
base amount) is amended by redesignating paragraphs (5) and
(6) as paragraphs (6) and (7), respectively, and by inserting
after paragraph (4) the following new paragraph:
``(5) Election of alternative simplified credit.--
``(A) In general.--At the election of the taxpayer, the
credit determined under subsection (a)(1) shall be equal to
12 percent of so much of the qualified research expenses for
the taxable year as exceeds 50 percent of the average
qualified research expenses for the 3 taxable years preceding
the taxable year for which the credit is being determined.
``(B) Special rule in case of no qualified research
expenses in any of 3 preceding taxable years.--
``(i) Taxpayers to which subparagraph applies.--The credit
under this paragraph shall be determined under this
subparagraph if the taxpayer has no qualified research
expenses in any one of the 3 taxable years preceding the
taxable year for which the credit is being determined.
``(ii) Credit rate.--The credit determined under this
subparagraph shall be equal to 6 percent of the qualified
research expenses for the taxable year.
``(C) Election.--An election under this paragraph shall
apply to the taxable year for which made and all succeeding
taxable years unless revoked with the consent of the
Secretary. An election under this paragraph may not be made
for any taxable year to which an election under paragraph (4)
applies.''.
(2) Coordination with election of alternative incremental
credit.--
(A) In general.--Section 41(c)(4)(B) (relating to election)
is amended by adding at the end the following: ``An election
under this paragraph may not be made for any taxable year to
which an election under paragraph (5) applies.''.
(B) Transition rule.--In the case of an election under
section 41(c)(4) of the Internal Revenue Code of 1986 which
applies to the taxable year which includes the date of the
enactment of this Act, such election shall be treated as
revoked with the consent of the Secretary of the Treasury if
the taxpayer makes an election under section 41(c)(5) of such
Code (as added by subsection (c)) for such year.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after December 31,
2006.

SEC. 105. WORK OPPORTUNITY TAX CREDIT AND WELFARE-TO-WORK
CREDIT.

(a) In General.--Sections 51(c)(4)(B) and 51A(f) are each
amended by striking ``2005'' and inserting ``2007''.
(b) Eligibility of Ex-Felons Determined Without Regard to
Family Income.--Paragraph (4) of section 51(d) is amended by
adding ``and'' at the end of subparagraph (A), by striking
``, and'' at the end of subparagraph (B) and inserting a
period, and by striking all that follows subparagraph (B).
(c) Increase in Maximum Age for Eligibility of Food Stamp
Recipients.--Clause (i) of section 51(d)(8)(A) is amended by
striking ``25'' and inserting ``40''.
(d) Extension of Paperwork Filing Deadline.--Section
51(d)(12)(A)(ii)(II) is amended by striking ``21st day'' and
inserting ``28th day''.
(e) Consolidation of Work Opportunity Credit With Welfare-
to-Work Credit.--
(1) In general.--Paragraph (1) of section 51(d) is amended
by striking ``or'' at the end of subparagraph (G), by
striking the period at the end of subparagraph (H) and
inserting ``, or'', and by adding at the end the following
new subparagraph:
``(I) a long-term family assistance recipient.''.
(2) Long-term family assistance recipient.--Subsection (d)
of section 51 is amended by redesignating paragraphs (10)
through (12) as paragraphs (11) through (13), respectively,
and by inserting after paragraph (9) the following new
paragraph:
``(10) Long-term family assistance recipient.--The term
`long-term family assistance recipient' means any individual
who is certified by the designated local agency--
``(A) as being a member of a family receiving assistance
under a IV-A program (as defined in paragraph (2)(B)) for at
least the 18-month period ending on the hiring date,
``(B)(i) as being a member of a family receiving such
assistance for 18 months beginning after August 5, 1997, and
``(ii) as having a hiring date which is not more than 2
years after the end of the earliest such 18-month period, or
``(C)(i) as being a member of a family which ceased to be
eligible for such assistance by reason of any limitation
imposed by Federal or State law on the maximum period such
assistance is payable to a family, and
``(ii) as having a hiring date which is not more than 2
years after the date of such cessation.''.
(3) Increased credit for employment of long-term family
assistance recipients.--Section 51 is amended by inserting
after subsection (d) the following new subsection:
``(e) Credit for Second-Year Wages for Employment of Long-
Term Family Assistance Recipients.--
``(1) In general.--With respect to the employment of a
long-term family assistance recipient--
``(A) the amount of the work opportunity credit determined
under this section for the taxable year shall include 50
percent of the qualified second-year wages for such year, and
``(B) in lieu of applying subsection (b)(3), the amount of
the qualified first-year wages, and the amount of qualified
second-year wages, which may be taken into account with
respect to such a recipient shall not exceed $10,000 per
year.
``(2) Qualified second-year wages.--For purposes of this
subsection, the term `qualified second-year wages' means
qualified wages--
``(A) which are paid to a long-term family assistance
recipient, and
``(B) which are attributable to service rendered during the
1-year period beginning on the day after the last day of the
1-year period with respect to such recipient determined under
subsection (b)(2).
``(3) Special rules for agricultural and railway labor.--If
such recipient is an employee to whom subparagraph (A) or (B)
of subsection (h)(1) applies, rules similar to the rules of
such subparagraphs shall apply except that--
``(A) such subparagraph (A) shall be applied by
substituting `$10,000' for `$6,000', and
``(B) such subparagraph (B) shall be applied by
substituting `$833.33' for `$500'.''.
(4) Repeal of separate welfare-to-work credit.--
(A) In general.--Section 51A is hereby repealed.
(B) Clerical amendment.--The table of sections for subpart
F of part IV of subchapter A of chapter 1 is amended by
striking the item relating to section 51A.
(f) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to individuals
who begin work for the employer after December 31, 2005.
(2) Consolidation.--The amendments made by subsections (b),
(c), (d), and (e) shall apply to individuals who begin work
for the employer after December 31, 2006.

SEC. 106. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR
PURPOSES OF EARNED INCOME CREDIT.

(a) In General.--Section 32(c)(2)(B)(vi)(II) is amended by
striking ``2007'' and inserting ``2008''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2006.

SEC. 107. EXTENSION AND MODIFICATION OF QUALIFIED ZONE
ACADEMY BONDS.

(a) In General.--Paragraph (1) of section 1397E(e) is
amended by striking ``and 2005'' and inserting ``2005, 2006,
and 2007''.
(b) Special Rules Relating to Expenditures, Arbitrage, and
Reporting.--
(1) In general.--Section 1397E is amended--
(A) in subsection (d)(1), by striking ``and'' at the end of
subparagraph (C)(iii), by striking the period at the end of
subparagraph (D) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(E) the issue meets the requirements of subsections (f),
(g), and (h).'', and
(B) by redesignating subsections (f), (g), (h), and (i) as
subsection (i), (j), (k), and (l), respectively, and by
inserting after subsection (e) the following new subsections:
``(f) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of
issuance, the issuer reasonably expects--
``(A) at least 95 percent of the proceeds from the sale of
the issue are to be spent for 1 or more qualified purposes
with respect to

[[Page S9547]]

qualified zone academies within the 5-year period beginning
on the date of issuance of the qualified zone academy bond,
``(B) a binding commitment with a third party to spend at
least 10 percent of the proceeds from the sale of the issue
will be incurred within the 6-month period beginning on the
date of issuance of the qualified zone academy bond, and
``(C) such purposes will be completed with due diligence
and the proceeds from the sale of the issue will be spent
with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the issuer
establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related
purposes will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of
the proceeds of such issue are expended by the close of the
5-year period beginning on the date of issuance (or if an
extension has been obtained under paragraph (2), by the close
of the extended period), the issuer shall redeem all of the
nonqualified bonds within 90 days after the end of such
period. For purposes of this paragraph, the amount of the
nonqualified bonds required to be redeemed shall be
determined in the same manner as under section 142.
``(g) Special Rules Relating to Arbitrage.--An issue shall
be treated as meeting the requirements of this subsection if
the issuer satisfies the arbitrage requirements of section
148 with respect to proceeds of the issue.
``(h) Reporting.--Issuers of qualified academy zone bonds
shall submit reports similar to the reports required under
section 149(e).''.
(2) Conforming amendments.--Sections 54(l)(3)(B) and
1400N(l)(7)(B)(ii) are each amended by striking ``section
1397E(i)'' and inserting ``section 1397E(l)''.
(c) Effective Dates.--
(1) Extension.--The amendment made by subsection (a) shall
apply to obligations issued after December 31, 2005.
(2) Special rules.--The amendments made by subsection (b)
shall apply to obligations issued after the date of the
enactment of this Act pursuant to allocations of the national
zone academy bond limitation for calendar years after 2005.

SEC. 108. ABOVE-THE-LINE DEDUCTION FOR CERTAIN EXPENSES OF
ELEMENTARY AND SECONDARY SCHOOL TEACHERS.

(a) In General.--Subparagraph (D) of section 62(a)(2) is
amended by striking ``or 2005'' and inserting ``2005, 2006,
or 2007''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2005.

SEC. 109. EXTENSION AND EXPANSION OF EXPENSING OF BROWNFIELDS
REMEDIATION COSTS.

(a) Extension.--Subsection (h) of section 198 is amended by
striking ``2005'' and inserting ``2007''.
(b) Expansion.--Section 198(d)(1) (defining hazardous
substance) is amended by striking ``and'' at the end of
subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, and'', and by adding at
the end the following new subparagraph:
``(C) any petroleum product (as defined in section
4612(a)(3)).''.
(c) Effective Date.--The amendments made by this section
shall apply to expenditures paid or incurred after December
31, 2005.

SEC. 110. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF
COLUMBIA.

(a) Designation of Zone.--
(1) In general.--Subsection (f) of section 1400 is amended
by striking ``2005'' both places it appears and inserting
``2007''.
(2) Effective date.--The amendments made by this subsection
shall apply to periods beginning after December 31, 2005.
(b) Tax-Exempt Economic Development Bonds.--
(1) In general.--Subsection (b) of section 1400A is amended
by striking ``2005'' and inserting ``2007''.
(2) Effective date.--The amendment made by this subsection
shall apply to bonds issued after December 31, 2005.
(c) Zero Percent Capital Gains Rate.--
(1) In general.--Subsection (b) of section 1400B is amended
by striking ``2006'' each place it appears and inserting
``2008''.
(2) Conforming amendments.--
(A) Section 1400B(e)(2) is amended--
(i) by striking ``2010'' and inserting ``2012'', and
(ii) by striking ``2010'' in the heading thereof and
inserting ``2012''.
(B) Section 1400B(g)(2) is amended by striking ``2010'' and
inserting ``2012''.
(C) Section 1400F(d) is amended by striking ``2010'' and
inserting ``2012''.
(3) Effective dates.--
(A) Extension.--The amendments made by paragraph (1) shall
apply to acquisitions after December 31, 2005.
(B) Conforming amendments.--The amendments made by
paragraph (2) shall take effect on the date of the enactment
of this Act.
(d) First-Time Homebuyer Credit.--
(1) In general.--Subsection (i) of section 1400C is amended
by striking ``2006'' and inserting ``2008''.
(2) Effective date.--The amendment made by this subsection
shall apply to property purchased after December 31, 2005.

SEC. 111. INDIAN EMPLOYMENT TAX CREDIT.

(a) In General.--Section 45A(f) is amended by striking
``2005'' and inserting ``2007''.
(b) Effective Date.--The amendment made by this section
shall apply to taxable years beginning after December 31,
2005.

SEC. 112. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON
INDIAN RESERVATIONS.

(a) In General.--Section 168(j)(8) is amended by striking
``2005'' and inserting ``2007''.
(b) Effective Date.--The amendment made by this section
shall apply to property placed in service after December 31,
2005.

SEC. 113. FIFTEEN-YEAR STRAIGHT-LINE COST RECOVERY FOR
QUALIFIED LEASEHOLD IMPROVEMENTS AND QUALIFIED
RESTAURANT PROPERTY.

(a) In General.--Clauses (iv) and (v) of section
168(e)(3)(E) are each amended by striking ``2006'' and
inserting ``2008''.
(b) Treatment of Restaurant Property to Include New
Construction.--Paragraph (7) of section 168(e) (relating to
classification of property) is amended to read as follows:
``(7) Qualified restaurant property.--The term `qualified
restaurant property' means any section 1250 property which is
a building or an improvement to a building if more than 50
percent of the building's square footage is devoted to
preparation of, and seating for on-premises consumption of,
prepared meals.''.
(c) Effective Dates.--
(1) Subsection (a).--The amendments made by subsection (a)
shall apply to property placed in service after December 31,
2005.
(2) Subsection (b).--The amendment made by subsection (b)
shall apply to property placed in service after the date of
the enactment of this Act.

SEC. 114. COVER OVER OF TAX ON DISTILLED SPIRITS.

(a) In General.--Section 7652(f)(1) is amended by striking
``2006'' and inserting ``2008''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to articles brought into the United States after
December 31, 2005.

SEC. 115. PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL
HEALTH BENEFITS.

(a) Amendment to the Internal Revenue Code of 1986.--
Section 9812(f)(3) is amended by striking ``2006'' and
inserting ``2007''.
(b) Amendment to the Employee Retirement Income Security
Act of 1974.--Section 712(f) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended
by striking ``2006'' and inserting ``2007''.
(c) Amendment to the Public Health Service Act.--Section
2705(f) of the Public Health Service Act (42 U.S.C. 300gg-
5(f)) is amended by striking ``2006''and inserting ``2007''.

SEC. 116. CORPORATE DONATIONS OF SCIENTIFIC PROPERTY USED FOR
RESEARCH AND OF COMPUTER TECHNOLOGY AND
EQUIPMENT.

(a) Extension of Computer Technology and Equipment
Donation.--
(1) In general.--Section 170(e)(6)(G) is amended by
striking ``2005'' and inserting ``2007''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to contributions made in taxable years beginning
after December 31, 2005.
(b) Expansion of Charitable Contribution Allowed for
Scientific Property Used for Research and for Computer
Technology and Equipment Used for Educational Purposes.--
(1) Scientific property used for research.--
(A) In general.--Clause (ii) of section 170(e)(4)(B)
(defining qualified research contributions) is amended by
inserting ``or assembled'' after ``constructed''.
(B) Conforming amendment.--Clause (iii) of section
170(e)(4)(B) is amended by inserting ``or assembly'' after
``construction''.
(2) Computer technology and equipment for educational
purposes.--
(A) In general.--Clause (ii) of section 170(e)(6)(B) is
amended by inserting ``or assembled'' after ``constructed''
and ``or assembling'' after ``construction''.
(B) Conforming amendment.--Subparagraph (D) of section
170(e)(6) is amended by inserting ``or assembled'' after
``constructed'' and ``or assembly'' after ``construction''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2005.

SEC. 117. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS.

(a) In General.--Paragraphs (2) and (3)(B) of section
220(i) are each amended by striking ``2005'' each place it
appears in the text and headings and inserting ``2007''.
(b) Conforming Amendments.--
(1) Paragraph (2) of section 220(j) is amended--
(A) in the text by striking ``or 2004'' each place it
appears and inserting ``2004, 2005, or 2006'', and
(B) in the heading by striking ``or 2004'' and inserting
``2004, 2005, or 2006'' .
(2) Subparagraph (A) of section 220(j)(4) is amended by
striking ``and 2004'' and inserting ``2004, 2005, and 2006''.
(c) Time for Filing Reports, etc.--
(1) The report required by section 220(j)(4) of the
Internal Revenue Code of 1986 to be made on August 1, 2005,
shall be treated as

[[Page S9548]]

timely if made before the close of the 90-day period
beginning on the date of the enactment of this Act.
(2) The determination and publication required by section
220(j)(5) of such Code with respect to calendar year 2005
shall be treated as timely if made before the close of the
120-day period beginning on the date of the enactment of this
Act. If the determination under the preceding sentence is
that 2005 is a cut-off year under section 220(i) of such
Code, the cut-off date under such section 220(i) shall be the
last day of such 120-day period.

SEC. 118. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR
OIL AND NATURAL GAS PRODUCED FROM MARGINAL
PROPERTIES.

(a) In General.--Section 613A(c)(6)(H) is amended by
striking ``2006'' and inserting ``2008''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to taxable years beginning after December 31,
2005.

SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

(a) In General.--For purposes of section 30A of the
Internal Revenue Code of 1986, a domestic corporation shall
be treated as a qualified domestic corporation to which such
section applies if such corporation--
(1) is an existing credit claimant with respect to American
Samoa, and
(2) elected the application of section 936 of the Internal
Revenue Code of 1986 for its last taxable year beginning
before January 1, 2006.
(b) Special Rules for Application of Section.--The
following rules shall apply in applying section 30A of the
Internal Revenue Code of 1986 for purposes of this section:
(1) Amount of credit.--Notwithstanding section 30A(a)(1) of
such Code, the amount of the credit determined under section
30A(a)(1) of such Code for any taxable year shall be the
amount determined under section 30A(d) of such Code, except
that section 30A(d) shall be applied without regard to
paragraph (3) thereof.
(2) Separate application.--In applying section 30A(a)(3) of
such Code in the case of a corporation treated as a qualified
domestic corporation by reason of this section, section 30A
of such Code (and so much of section 936 of such Code as
relates to such section 30A) shall be applied separately with
respect to American Samoa.
(3) Foreign tax credit allowed.--Notwithstanding section
30A(e) of such Code, the provisions of section 936(c) of such
Code shall not apply with respect to the credit allowed by
reason of this section.
(c) Definitions.--For purposes of this section, any term
which is used in this section which is also used in section
30A or 936 of such Code shall have the same meaning given
such term by such section 30A or 936.
(d) Application of Section.--Notwithstanding section 30A(h)
or section 936(j) of such Code, this section (and so much of
section 30A and section 936 of such Code as relates to this
section) shall apply to the first two taxable years of a
corporation to which subsection (a) applies which begin after
December 31, 2005, and before January 1, 2008.

SEC. 120. RESTRUCTURING OF NEW YORK LIBERTY ZONE TAX CREDITS.

(a) In General.--Part I of subchapter Y of chapter 1 is
amended by redesignating section 1400L as 1400K and by adding
at the end the following new section:

``SEC. 1400L. NEW YORK LIBERTY ZONE TAX CREDITS.

``(a) In General.--In the case of a New York Liberty Zone
governmental unit, there shall be allowed as a credit against
any taxes imposed for any payroll period by section 3402 for
which such governmental unit is liable under section 3403 an
amount equal to so much of the portion of the qualifying
project expenditure amount allocated under subsection (b)(3)
to such governmental unit for the calendar year as is
allocated by such governmental unit to such period under
subsection (b)(4).
``(b) Qualifying Project Expenditure Amount.--For purposes
of this section--
``(1) In general.--The term `qualifying project expenditure
amount' means, with respect to any calendar year, the sum
of--
``(A) the total expenditures paid or incurred during such
calendar year by all New York Liberty Zone governmental units
and the Port Authority of New York and New Jersey for any
portion of qualifying projects located wholly within the City
of New York, New York, and
``(B) any such expenditures--
``(i) paid or incurred in any preceding calendar year which
begins after the date of enactment of this section, and
``(ii) not previously allocated under paragraph (3).
``(2) Qualifying project.--The term `qualifying project'
means any transportation infrastructure project, including
highways, mass transit systems, railroads, airports, ports,
and waterways, in or connecting with the New York Liberty
Zone (as defined in section 1400K(h)), which is designated as
a qualifying project under this section jointly by the
Governor of the State of New York and the Mayor of the City
of New York, New York.
``(3) General allocation.--
``(A) In general.--The Governor of the State of New York
and the Mayor of the City of New York, New York, shall
jointly allocate to each New York Liberty Zone governmental
unit the portion of the qualifying project expenditure amount
which may be taken into account by such governmental unit
under subsection (a) for any calendar year in the credit
period.
``(B) Aggregate limit.--The aggregate amount which may be
allocated under subparagraph (A) for all calendar years in
the credit period shall not exceed $1,750,000,000.
``(C) Annual limit.--
``(i) In general.--The aggregate amount which may be
allocated under subparagraph (A) for any calendar year in the
credit period shall not exceed the sum of--

``(I) the applicable limit, plus
``(II) the aggregate amount authorized to be allocated
under this paragraph for all preceding calendar years in the
credit period which was not so allocated.

``(ii) Applicable limit.--For purposes of clause (i), the
applicable limit for any calendar year is--

``(I) in the case of calendar years 2007 through 2016,
$100,000,000,
``(II) in the case of calendar year 2017 or 2018,
$200,000,000,
``(III) in the case of calendar year 2019, $150,000,000,
``(IV) in the case of calendar year 2020 or 2021,
$100,000,000, and
``(V) in the case of any calendar year after 2021, zero.

``(D) Unallocated amounts at end of credit period.--If, as
of the close of the credit period, the amount under
subparagraph (B) exceeds the aggregate amount allocated under
subparagraph (A) for all calendar years in the credit period,
the Governor of the State of New York and the Mayor of the
City of New York, New York, may jointly allocate to New York
Liberty Zone governmental units for any calendar year in the
5-year period following the credit period an amount equal
to--
``(i) the lesser of--

``(I) such excess, or
``(II) the qualifying project expenditure amount for such
calendar year, reduced by

``(ii) the aggregate amount allocated under this
subparagraph for all preceding calendar years.
``(4) Allocation to payroll periods.--Each New York Liberty
Zone governmental unit which has been allocated a portion of
the qualifying project expenditure amount under paragraph (3)
for a calendar year may allocate such portion to payroll
periods beginning in such calendar year as such governmental
unit determines appropriate.
``(c) Carryover of Unused Allocations.--
``(1) In general.--Except as provided in paragraph (2), if
the amount allocated under subsection (b)(3) to a New York
Liberty Zone governmental unit for any calendar year exceeds
the aggregate taxes imposed by section 3402 for which such
governmental unit is liable under section 3403 for periods
beginning in such year, such excess shall be carried to the
succeeding calendar year and added to the allocation of such
governmental unit for such succeeding calendar year. No
amount may be carried under the preceding sentence to a
calendar year after 2026.
``(2) Reallocation.--If a New York Liberty Zone
governmental unit does not use an amount allocated to it
under subsection (b)(3) within the time prescribed by the
Governor of the State of New York and the Mayor of the City
of New York, New York, then such amount shall after such time
be treated for purposes of subsection (b)(3) in the same
manner as if it had never been allocated.
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Credit period.--The term `credit period' means the
15-year period beginning on January 1, 2007.
``(2) New york liberty zone governmental unit.--The term
`New York Liberty Zone governmental unit' means--
``(A) the State of New York,
``(B) the City of New York, New York, and
``(C) any agency or instrumentality of such State or City.
``(3) Treatment of funds.--Any expenditure for a qualifying
project taken into account for purposes of the credit under
this section shall be considered State and local funds for
the purpose of any Federal program.
``(4) Treatment of credit amounts for purposes of
withholding taxes.--For purposes of this title, a New York
Liberty Zone governmental unit shall be treated as having
paid to the Secretary, on the day on which wages are paid to
employees, an amount equal to the amount of the credit
allowed to such entity under subsection (a) with respect to
such wages, but only if such governmental unit deducts and
withholds wages for such payroll period under section 3401
(relating to wage withholding).
``(e) Reporting.--The Governor of the State of New York and
the Mayor of the City of New York, New York, shall jointly
submit to the Secretary an annual report--
``(1) which certifies--
``(A) the qualifying project expenditure amount for the
calendar year, and
``(B) the amount allocated to each New York Liberty Zone
governmental unit under subsection (b)(3) for the calendar
year, and
``(2) includes such other information as the Secretary may
require to carry out this section.
``(f) Guidance.--The Secretary may prescribe such guidance
as may be necessary or appropriate to ensure compliance with
the purposes of this section.
``(g) Termination.--No credit shall be allowed under
subsection (a) for any calender year after 2026.''.
(b) Termination of Certain New York Liberty Zone
Benefits.--

[[Page S9549]]

(1) Special allowance and expensing.--Section
1400K(b)(2)(A)(v), as redesignated by subsection (a), is
amended by striking ``the termination date'' and inserting
``the date of the enactment of the Tax Relief Extension Act
of 2006 or the termination date if pursuant to a binding
contract in effect on such enactment date''.
(2) Leasehold.--Section 1400K(c)(2)(B), as so redesignated,
is amended by striking ``before January 1, 2007'' and
inserting ``on or before the date of the enactment of the Tax
Relief Extension Act of 2006 or before January 1, 2007, if
pursuant to a binding contract in effect on such enactment
date''.
(c) Conforming Amendments.--
(1) Section 38(c)(3)(B) is amended by striking ``section
1400L(a)'' and inserting ``section 1400K(a)''.
(2) Section 168(k)(2)(D)(ii) is amended by striking
``section 1400L(c)(2)'' and inserting ``1400K(c)(2)''.
(3) The table of sections for part I of subchapter Y of
chapter 1 is amended by striking ``1400L'' and inserting
``1400K''.
(d) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to periods
beginning after December 31, 2006.
(2) Subsection (b).--The amendments made by subsection (b)
shall take effect as if included in section 301 of the Job
Creation and Worker Assistance Act of 2002.

SEC. 121. EXTENSION OF BONUS DEPRECIATION FOR CERTAIN
QUALIFIED GULF OPPORTUNITY ZONE PROPERTY.

(a) In General.--Subsection (d) of section 1400N is amended
by adding at the end the following new paragraph:
``(6) Extension for certain property.--
``(A) In general.--In the case of any specified Gulf
Opportunity Zone extension property, paragraph (2)(A) shall
be applied without regard to clause (v) thereof.
``(B) Specified gulf opportunity zone extension property.--
For purposes of this paragraph, the term `specified Gulf
Opportunity Zone extension property' means property--
``(i) substantially all of the use of which is in one or
more specified portions of the GO Zone, and
``(ii) which is--

``(I) nonresidential real property or residential rental
property which is placed in service by the taxpayer on or
before December 31, 2009, or
``(II) in the case of a taxpayer who places a building
described in subclause (I) in service on or before December
31, 2009, property described in section 168(k)(2)(A)(i) if
substantially all of the use of such property is in such
building and such property is placed in service by the
taxpayer not later than 90 days after such building is placed
in service.

``(C) Specified portions of the go zone.--For purposes of
this paragraph, the term `specified portions of the GO Zone'
means those portions of the GO Zone which are in any county
or parish which is identified by the Secretary as being a
county or parish in which hurricanes occurring during 2005
damaged (in the aggregate) more than 40 percent of the
housing units in such county or parish which were occupied
(determined according to the 2000 Census).''.
(b) Extension Not Applicable to Increased Section 179
Expensing.--Paragraph (2) of section 1400N(e) is amended by
inserting ``without regard to subsection (d)(6)'' after
``subsection (d)(2)''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in section 101 of the Gulf
Opportunity Zone Act of 2005.

SEC. 122. AUTHORITY FOR UNDERCOVER OPERATIONS.

Paragraph (6) of section 7608(c) (relating to application
of section) is amended by striking ``2007'' both places it
appears and inserting ``2008''.

SEC. 123. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION.

(a) Disclosures To Facilitate Combined Employment Tax
Reporting.--
(1) In general.--Subparagraph (B) of section 6103(d)(5)
(relating to termination) is amended by striking ``2006'' and
inserting ``2007''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to disclosures after December 31, 2006.
(b) Disclosures Relating to Terrorist Activities.--
(1) In general.--Clause (iv) of section 6103(i)(3)(C) and
subparagraph (E) of section 6103(i)(7) are each amended by
striking ``2006'' and inserting ``2007''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to disclosures after December 31, 2006.
(c) Disclosures Relating to Student Loans.--
(1) In general.--Subparagraph (D) of section 6103(l)(13)
(relating to termination) is amended by striking ``2006'' and
inserting ``2007''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply to requests made after December 31, 2006.

TITLE II--OTHER TAX PROVISIONS

SEC. 201. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME
ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES
IN PUERTO RICO.

(a) In General.--Subsection (d) of section 199 (relating to
definitions and special rules) is amended by redesignating
paragraph (8) as paragraph (9) and by inserting after
paragraph (7) the following new paragraph:
``(8) Treatment of activities in puerto rico.--
``(A) In general.--In the case of any taxpayer with gross
receipts for any taxable year from sources within the
Commonwealth of Puerto Rico, if all of such receipts are
taxable under section 1 or 11 for such taxable year, then for
purposes of determining the domestic production gross
receipts of such taxpayer for such taxable year under
subsection (c)(4), the term `United States' shall include the
Commonwealth of Puerto Rico.
``(B) Special rule for applying wage limitation.--In the
case of any taxpayer described in subparagraph (A), for
purposes of applying the limitation under subsection (b) for
any taxable year, the determination of W-2 wages of such
taxpayer shall be made without regard to any exclusion under
section 3401(a)(8) for remuneration paid for services
performed in Puerto Rico.
``(C) Termination.--This paragraph shall apply only with
respect to the first 2 taxable years of the taxpayer
beginning after December 31, 2005, and before January 1,
2008.''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to taxable years beginning after December 31,
2005.

SEC. 202. CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY MADE
REFUNDABLE AFTER PERIOD OF YEARS.

(a) In General.--Section 53 (relating to credit for prior
year minimum tax liability) is amended by adding at the end
the following new subsection:
``(e) Special Rule for Individuals With Long-Term Unused
Credits.--
``(1) In general.--If an individual has a long-term unused
minimum tax credit for any taxable year beginning before
January 1, 2013, the amount determined under subsection (c)
for such taxable year shall not be less than the AMT
refundable credit amount for such taxable year.
``(2) Amt refundable credit amount.--For purposes of
paragraph (1)--
``(A) In general.--The term `AMT refundable credit amount'
means, with respect to any taxable year, the amount equal to
the greater of--
``(i) the lesser of--

``(I) $5,000, or
``(II) the amount of long-term unused minimum tax credit
for such taxable year, or

``(ii) 20 percent of the amount of such credit.
``(B) Phaseout of amt refundable credit amount.--
``(i) In general.--In the case of an individual whose
adjusted gross income for any taxable year exceeds the
threshold amount (within the meaning of section
151(d)(3)(C)), the AMT refundable credit amount determined
under subparagraph (A) for such taxable year shall be reduced
by the applicable percentage (within the meaning of section
151(d)(3)(B)).
``(ii) Adjusted gross income.--For purposes of clause (i),
adjusted gross income shall be determined without regard to
sections 911, 931, and 933.
``(3) Long-term unused minimum tax credit.--
``(A) In general.--For purposes of this subsection, the
term `long-term unused minimum tax credit' means, with
respect to any taxable year, the portion of the minimum tax
credit determined under subsection (b) attributable to the
adjusted net minimum tax for taxable years before the 3rd
taxable year immediately preceding such taxable year.
``(B) First-in, first-out ordering rule.--For purposes of
subparagraph (A), credits shall be treated as allowed under
subsection (a) on a first-in, first-out basis.
``(4) Credit refundable.--For purposes of this title (other
than this section), the credit allowed by reason of this
subsection shall be treated as if it were allowed under
subpart C.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A) is amended by striking ``and 34''
and inserting ``34, and 53(e)''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting ``or 53(e)'' after
``section 35''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.

SEC. 203. RETURNS REQUIRED IN CONNECTION WITH CERTAIN
OPTIONS.

(a) In General.--So much of section 6039(a) as follows
paragraph (2) is amended to read as follows:

``shall, for such calendar year, make a return at such time
and in such manner, and setting forth such information, as
the Secretary may by regulations prescribe.''.
(b) Statements to Persons With Respect to Whom Information
Is Furnished.--Section 6039 is amended by redesignating
subsections (b) and (c) as subsection (c) and (d),
respectively, and by inserting after subsection (a) the
following new subsection:
``(b) Statements to Be Furnished to Persons With Respect to
Whom Information Is Reported.--Every corporation making a
return under subsection (a) shall furnish to each person
whose name is set forth in such return a written statement
setting forth such information as the Secretary may by
regulations prescribe. The written statement required under
the preceding sentence shall be furnished to such person on
or before January 31 of the year following the calendar year
for which the return under subsection (a) was made.''.

[[Page S9550]]

(c) Conforming Amendments.--
(1) Section 6724(d)(1)(B) is amended by striking ``or'' at
the end of clause (xvii), by striking ``and'' at the end of
clause (xviii) and inserting ``or'', and by adding at the end
the following new clause:
``(xix) section 6039(a) (relating to returns required with
respect to certain options), and''.
(2) Section 6724(d)(2)(B) is amended by striking ``section
6039(a)'' and inserting ``section 6039(b)''.
(3) The heading of section 6039 and the item relating to
such section in the table of sections of subpart A of part
III of subchapter A of chapter 61 of such Code are each
amended by striking ``Information'' and inserting
``Returns''.
(4) The heading of subsection (a) of section 6039 is
amended by striking ``Furnishing of Information'' and
inserting ``Requirement of Reporting''.
(d) Effective Date.--The amendments made by this section
shall apply to calendar years beginning after the date of the
enactment of this Act.

SEC. 204. PARTIAL EXPENSING FOR ADVANCED MINE SAFETY
EQUIPMENT.

(a) In General.--Part VI of subchapter B of chapter 1 is
amended by inserting after section 179D the following new
section:

``SEC. 179E. ELECTION TO EXPENSE ADVANCED MINE SAFETY
EQUIPMENT.

``(a) Treatment as Expenses.--A taxpayer may elect to treat
50 percent of the cost of any qualified advanced mine safety
equipment property as an expense which is not chargeable to
capital account. Any cost so treated shall be allowed as a
deduction for the taxable year in which the qualified
advanced mine safety equipment property is placed in service.
``(b) Election.--
``(1) In general.--An election under this section for any
taxable year shall be made on the taxpayer's return of the
tax imposed by this chapter for the taxable year. Such
election shall specify the advanced mine safety equipment
property to which the election applies and shall be made in
such manner as the Secretary may by regulations prescribe.
``(2) Election irrevocable.--Any election made under this
section may not be revoked except with the consent of the
Secretary.
``(c) Qualified Advanced Mine Safety Equipment Property.--
For purposes of this section, the term `qualified advanced
mine safety equipment property' means any advanced mine
safety equipment property for use in any underground mine
located in the United States--
``(1) the original use of which commences with the
taxpayer, and
``(2) which is placed in service by the taxpayer after the
date of the enactment of this section.
``(d) Advanced Mine Safety Equipment Property.--For
purposes of this section, the term `advanced mine safety
equipment property' means any of the following:
``(1) Emergency communication technology or device which is
used to allow a miner to maintain constant communication with
an individual who is not in the mine.
``(2) Electronic identification and location device which
allows an individual who is not in the mine to track at all
times the movements and location of miners working in or at
the mine.
``(3) Emergency oxygen-generating, self-rescue device which
provides oxygen for at least 90 minutes.
``(4) Pre-positioned supplies of oxygen which (in
combination with self-rescue devices) can be used to provide
each miner on a shift, in the event of an accident or other
event which traps the miner in the mine or otherwise
necessitates the use of such a self-rescue device, the
ability to survive for at least 48 hours.
``(5) Comprehensive atmospheric monitoring system which
monitors the levels of carbon monoxide, methane, and oxygen
that are present in all areas of the mine and which can
detect smoke in the case of a fire in a mine.
``(e) Coordination With Section 179.--No expenditures shall
be taken into account under subsection (a) with respect to
the portion of the cost of any property specified in an
election under section 179.
``(f) Reporting.--No deduction shall be allowed under
subsection (a) to any taxpayer for any taxable year unless
such taxpayer files with the Secretary a report containing
such information with respect to the operation of the mines
of the taxpayer as the Secretary shall require.
``(g) Termination.--This section shall not apply to
property placed in service after December 31, 2008.''.
(b) Conforming Amendments.--
(1) Section 263(a)(1) is amended by striking ``or'' at the
end of subparagraph (J), by striking the period at the end of
subparagraph (K) and inserting ``, or'', and by inserting
after subparagraph (K) the following new subparagraph:
``(L) expenditures for which a deduction is allowed under
section 179E.''.
(2) Section 312(k)(3)(B) is amended by striking ``or 179D''
each place it appears in the heading and text thereof and
inserting ``179D, or 179E''.
(3) Paragraphs (2)(C) and (3)(C) of section 1245(a) are
each amended by inserting ``179E,'' after ``179D,''.
(4) The table of sections for part VI of subchapter B of
chapter 1 is amended by inserting after the item relating to
section 179D the following new item:

``Sec. 179E. Election to expense advanced mine safety equipment.''.
(c) Effective Date.--The amendments made by this section
shall apply to costs paid or incurred after the date of the
enactment of this Act.

SEC. 205. MINE RESCUE TEAM TRAINING TAX CREDIT.

(a) In General.--Subpart D of part IV of subchapter A of
chapter 1 (relating to business related credits) is amended
by adding at the end the following new section:

``SEC. 45N. MINE RESCUE TEAM TRAINING CREDIT.

``(a) Amount of Credit.--For purposes of section 38, the
mine rescue team training credit determined under this
section with respect to each qualified mine rescue team
employee of an eligible employer for any taxable year is an
amount equal to the lesser of--
``(1) 20 percent of the amount paid or incurred by the
taxpayer during the taxable year with respect to the training
program costs of such qualified mine rescue team employee
(including wages of such employee while attending such
program), or
``(2) $10,000.
``(b) Qualified Mine Rescue Team Employee.--For purposes of
this section, the term `qualified mine rescue team employee'
means with respect to any taxable year any full-time employee
of the taxpayer who is--
``(1) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member as a
result of completing, at a minimum, an initial 20-hour course
of instruction as prescribed by the Mine Safety and Health
Administration's Office of Educational Policy and
Development, or
``(2) a miner eligible for more than 6 months of such
taxable year to serve as a mine rescue team member by virtue
of receiving at least 40 hours of refresher training in such
instruction.
``(c) Eligible Employer.--For purposes of this section, the
term `eligible employer' means any taxpayer which employs
individuals as miners in underground mines in the United
States.
``(d) Wages.--For purposes of this section, the term
`wages' has the meaning given to such term by subsection (b)
of section 3306 (determined without regard to any dollar
limitation contained in such section).
``(e) Termination.--This section shall not apply to taxable
years beginning after December 31, 2008.''.
(b) Credit Made Part of General Business Credit.--Section
38(b) is amended by striking ``and'' at the end of paragraph
(29), by striking the period at the end of paragraph (30) and
inserting ``, plus'', and by adding at the end the following
new paragraph:
``(31) the mine rescue team training credit determined
under section 45N(a).''.
(c) No Double Benefit.--Section 280C is amended by adding
at the end the following new subsection:
``(e) Mine Rescue Team Training Credit.--No deduction shall
be allowed for that portion of the expenses otherwise
allowable as a deduction for the taxable year which is equal
to the amount of the credit determined for the taxable year
under section 45N(a).''.
(d) Clerical Amendment.--The table of sections for subpart
D of part IV of subchapter A of chapter 1 is amended by
adding at the end the following new item:

``Sec. 45N. Mine rescue team training credit.''.
(e) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2005.

SEC. 206. WHISTLEBLOWER REFORMS.

(a) Awards to Whistleblowers.--
(1) In general.--Section 7623 (relating to expenses of
detection of underpayments and fraud, etc.) is amended--
(A) by striking ``The Secretary'' and inserting ``(a) In
General.--The Secretary'',
(B) by striking ``and'' at the end of paragraph (1) and
inserting ``or'',
(C) by striking ``(other than interest)'', and
(D) by adding at the end the following new subsection:
``(b) Awards to Whistleblowers.--
``(1) In general.--If the Secretary proceeds with any
administrative or judicial action described in subsection (a)
based on information brought to the Secretary's attention by
an individual, such individual shall, subject to paragraph
(2), receive as an award at least 15 percent but not more
than 30 percent of the collected proceeds (including
penalties, interest, additions to tax, and additional
amounts) resulting from the action (including any related
actions) or from any settlement in response to such action.
The determination of the amount of such award by the
Whistleblower Office shall depend upon the extent to which
the individual substantially contributed to such action.
``(2) Award in case of less substantial contribution.--
``(A) In general.--In the event the action described in
paragraph (1) is one which the Whistleblower Office
determines to be based principally on disclosures of specific
allegations (other than information provided by the
individual described in paragraph (1)) resulting from a
judicial or administrative hearing, from a governmental
report, hearing, audit, or investigation, or from the news
media, the Whistleblower Office may award such sums as it
considers appropriate, but in no case more than 10 percent of
the collected proceeds (including penalties, interest,
additions to tax, and additional amounts) resulting from the
action (including any related

[[Page S9551]]

actions) or from any settlement in response to such action,
taking into account the significance of the individual's
information and the role of such individual and any legal
representative of such individual in contributing to such
action.
``(B) Nonapplication of paragraph where individual is
original source of information.--Subparagraph (A) shall not
apply if the information resulting in the initiation of the
action described in paragraph (1) was originally provided by
the individual described in paragraph (1).
``(3) Reduction in or denial of award.--If the
Whistleblower Office determines that the claim for an award
under paragraph (1) or (2) is brought by an individual who
planned and initiated the actions that led to the
underpayment of tax or actions described in subsection
(a)(2), then the Whistleblower Office may appropriately
reduce such award. If such individual is convicted of
criminal conduct arising from the role described in the
preceding sentence, the Whistleblower Office shall deny any
award.
``(4) Appeal of award determination.--Any determination
regarding an award under paragraph (1), (2), or (3) may,
within 30 days of such determination, be appealed to the Tax
Court (and the Tax Court shall have jurisdiction with respect
to such matter).
``(5) Application of this subsection.--This subsection
shall apply with respect to any action--
``(A) against any taxpayer, but in the case of any
individual, only if such individual's gross income exceeds
$200,000 for any taxable year subject to such action, and
``(B) if the tax, penalties, interest, additions to tax,
and additional amounts in dispute exceed $2,000,000.
``(6) Additional rules.--
``(A) No contract necessary.--No contract with the Internal
Revenue Service is necessary for any individual to receive an
award under this subsection.
``(B) Representation.--Any individual described in
paragraph (1) or (2) may be represented by counsel.
``(C) Submission of information.--No award may be made
under this subsection based on information submitted to the
Secretary unless such information is submitted under penalty
of perjury.''.
(2) Assignment to special trial judges.--
(A) In general.--Section 7443A(b) (relating to proceedings
which may be assigned to special trial judges) is amended by
striking ``and'' at the end of paragraph (4), by
redesignating paragraph (5) as paragraph (6), and by
inserting after paragraph (4) the following new paragraph:
``(5) any proceeding under section 7623(b)(4), and''.
(B) Conforming amendment.--Section 7443A(c) is amended by
striking ``or (4)'' and inserting ``(4), or (5)''.
(3) Deduction allowed whether or not taxpayer itemizes.--
Subsection (a) of section 62 (relating to general rule
defining adjusted gross income) is amended by inserting after
paragraph (20) the following new paragraph:
``(21) Attorneys fees relating to awards to
whistleblowers.--Any deduction allowable under this chapter
for attorney fees and court costs paid by, or on behalf of,
the taxpayer in connection with any award under section
7623(b) (relating to awards to whistleblowers). The preceding
sentence shall not apply to any deduction in excess of the
amount includible in the taxpayer's gross income for the
taxable year on account of such award.''.
(b) Whistleblower Office.--
(1) In general.--Not later than the date which is 12 months
after the date of the enactment of this Act, the Secretary of
the Treasury shall issue guidance for the operation of a
whistleblower program to be administered in the Internal
Revenue Service by an office to be known as the
``Whistleblower Office'' which--
(A) shall at all times operate at the direction of the
Commissioner of Internal Revenue and coordinate and consult
with other divisions in the Internal Revenue Service as
directed by the Commissioner of Internal Revenue,
(B) shall analyze information received from any individual
described in section 7623(b) of the Internal Revenue Code of
1986 and either investigate the matter itself or assign it to
the appropriate Internal Revenue Service office, and
(C) in its sole discretion, may ask for additional
assistance from such individual or any legal representative
of such individual.
(2) Request for assistance.--The guidance issued under
paragraph (1) shall specify that any assistance requested
under paragraph (1)(C) shall be under the direction and
control of the Whistleblower Office or the office assigned to
investigate the matter under paragraph (1)(A). No individual
or legal representative whose assistance is so requested may
by reason of such request represent himself or herself as an
employee of the Federal Government.
(c) Report by Secretary.--The Secretary of the Treasury
shall each year conduct a study and report to Congress on the
use of section 7623 of the Internal Revenue Code of 1986,
including--
(1) an analysis of the use of such section during the
preceding year and the results of such use, and
(2) any legislative or administrative recommendations
regarding the provisions of such section and its application.
(d) Effective Date.--The amendments made by subsection (a)
shall apply to information provided on or after the date of
the enactment of this Act.

SEC. 207. FRIVOLOUS TAX SUBMISSIONS.

(a) Civil Penalties.--Section 6702 is amended to read as
follows:

``SEC. 6702. FRIVOLOUS TAX SUBMISSIONS.

``(a) Civil Penalty for Frivolous Tax Returns.--A person
shall pay a penalty of $5,000 if--
``(1) such person files what purports to be a return of a
tax imposed by this title but which--
``(A) does not contain information on which the substantial
correctness of the self-assessment may be judged, or
``(B) contains information that on its face indicates that
the self-assessment is substantially incorrect, and
``(2) the conduct referred to in paragraph (1)--
``(A) is based on a position which the Secretary has
identified as frivolous under subsection (c), or
``(B) reflects a desire to delay or impede the
administration of Federal tax laws.
``(b) Civil Penalty for Specified Frivolous Submissions.--
``(1) Imposition of penalty.--Except as provided in
paragraph (3), any person who submits a specified frivolous
submission shall pay a penalty of $5,000.
``(2) Specified frivolous submission.--For purposes of this
section--
``(A) Specified frivolous submission.--The term `specified
frivolous submission' means a specified submission if any
portion of such submission--
``(i) is based on a position which the Secretary has
identified as frivolous under subsection (c), or
``(ii) reflects a desire to delay or impede the
administration of Federal tax laws.
``(B) Specified submission.--The term `specified
submission' means--
``(i) a request for a hearing under--

``(I) section 6320 (relating to notice and opportunity for
hearing upon filing of notice of lien), or
``(II) section 6330 (relating to notice and opportunity for
hearing before levy), and

``(ii) an application under--

``(I) section 6159 (relating to agreements for payment of
tax liability in installments),
``(II) section 7122 (relating to compromises), or
``(III) section 7811 (relating to taxpayer assistance
orders).

``(3) Opportunity to withdraw submission.--If the Secretary
provides a person with notice that a submission is a
specified frivolous submission and such person withdraws such
submission within 30 days after such notice, the penalty
imposed under paragraph (1) shall not apply with respect to
such submission.
``(c) Listing of Frivolous Positions.--The Secretary shall
prescribe (and periodically revise) a list of positions which
the Secretary has identified as being frivolous for purposes
of this subsection. The Secretary shall not include in such
list any position that the Secretary determines meets the
requirement of section 6662(d)(2)(B)(ii)(II).
``(d) Reduction of Penalty.--The Secretary may reduce the
amount of any penalty imposed under this section if the
Secretary determines that such reduction would promote
compliance with and administration of the Federal tax laws.
``(e) Penalties in Addition to Other Penalties.--The
penalties imposed by this section shall be in addition to any
other penalty provided by law.''.
(b) Treatment of Frivolous Requests for Hearings Before
Levy.--
(1) Frivolous requests disregarded.--Section 6330 (relating
to notice and opportunity for hearing before levy) is amended
by adding at the end the following new subsection:
``(g) Frivolous Requests for Hearing, Etc.--Notwithstanding
any other provision of this section, if the Secretary
determines that any portion of a request for a hearing under
this section or section 6320 meets the requirement of clause
(i) or (ii) of section 6702(b)(2)(A), then the Secretary may
treat such portion as if it were never submitted and such
portion shall not be subject to any further administrative or
judicial review.''.
(2) Preclusion from raising frivolous issues at hearing.--
Section 6330(c)(4) is amended--
(A) by striking ``(A)'' and inserting ``(A)(i)'';
(B) by striking ``(B)'' and inserting ``(ii)'';
(C) by striking the period at the end of the first sentence
and inserting ``; or''; and
(D) by inserting after subparagraph (A)(ii) (as so
redesignated) the following:
``(B) the issue meets the requirement of clause (i) or (ii)
of section 6702(b)(2)(A).''.
(3) Statement of grounds.--Section 6330(b)(1) is amended by
striking ``under subsection (a)(3)(B)'' and inserting ``in
writing under subsection (a)(3)(B) and states the grounds for
the requested hearing''.
(c) Treatment of Frivolous Requests for Hearings Upon
Filing of Notice of Lien.--Section 6320 is amended--
(1) in subsection (b)(1), by striking ``under subsection
(a)(3)(B)'' and inserting ``in writing under subsection
(a)(3)(B) and states the grounds for the requested hearing'',
and
(2) in subsection (c), by striking ``and (e)'' and
inserting ``(e), and (g)''.
(d) Treatment of Frivolous Applications for Offers-in-
Compromise and Installment Agreements.--Section 7122 is
amended by adding at the end the following new subsection:

[[Page S9552]]

``(f) Frivolous Submissions, Etc.--Notwithstanding any
other provision of this section, if the Secretary determines
that any portion of an application for an offer-in-compromise
or installment agreement submitted under this section or
section 6159 meets the requirement of clause (i) or (ii) of
section 6702(b)(2)(A), then the Secretary may treat such
portion as if it were never submitted and such portion shall
not be subject to any further administrative or judicial
review.''.
(e) Clerical Amendment.--The table of sections for part I
of subchapter B of chapter 68 is amended by striking the item
relating to section 6702 and inserting the following new
item:

``Sec. 6702. Frivolous tax submissions.''.
(f) Effective Date.--The amendments made by this section
shall apply to submissions made and issues raised after the
date on which the Secretary first prescribes a list under
section 6702(c) of the Internal Revenue Code of 1986, as
amended by subsection (a).

SEC. 208. ADDITION OF MENINGOCOCCAL AND HUMAN PAPILLOMAVIRUS
VACCINES TO LIST OF TAXABLE VACCINES.

(a) Meningococcal Vaccine.--Section 4132(a)(1) (defining
taxable vaccine) is amended by adding at the end the
following new subparagraph:
``(O) Any meningococcal vaccine.''.
(b) Human Papillomavirus Vaccine.--Section 4132(a)(1), as
amended by subsection (a), is amended by adding at the end
the following new subparagraph:
``(P) Any vaccine against the human papillomavirus.''.
(c) Effective Date.--
(1) Sales, etc.--The amendments made by this section shall
apply to sales and uses on or after the first day of the
first month which begins more than 4 weeks after the date of
the enactment of this Act.
(2) Deliveries.--For purposes of paragraph (1) and section
4131 of the Internal Revenue Code of 1986, in the case of
sales on or before the effective date described in such
paragraph for which delivery is made after such date, the
delivery date shall be considered the sale date.

SEC. 209. CLARIFICATION OF TAXATION OF CERTAIN SETTLEMENT
FUNDS MADE PERMANENT.

(a) In General.--Subsection (g) of section 468B, as amended
by section 201 of the Tax Increase Prevention and
Reconciliation Act of 2005, is amended by striking paragraph
(3).
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 201 of the Tax
Increase Prevention and Reconciliation Act of 2005.

SEC. 210. MODIFICATION OF ACTIVE BUSINESS DEFINITION UNDER
SECTION 355 MADE PERMANENT.

(a) In General.--Subparagraphs (A) and (D) of section
355(b)(3), as amended by section 202 of the Tax Increase
Prevention and Reconciliation Act of 2005, are each amended
by striking ``and on or before December 31, 2010''.
(b) Effective Date.--The amendments made by this section
shall take effect as if included in section 202 of the Tax
Increase Prevention and Reconciliation Act of 2005.

SEC. 211. REVISION OF STATE VETERANS LIMIT MADE PERMANENT.

(a) In General.--Subparagraph (B) of section 143(l)(3), as
amended by section 203 of the Tax Increase Prevention and
Reconciliation Act of 2005, is amended by striking clause
(iv).
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 203 of the Tax
Increase Prevention and Reconciliation Act of 2005.

SEC. 212. CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED
MUSICAL WORKS MADE PERMANENT.

(a) In General.--Paragraph (3) of section 1221(b), as
amended by section 204 of the Tax Increase Prevention and
Reconciliation Act of 2005, is amended by striking ``before
January 1, 2011,''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 204 of the Tax
Increase Prevention and Reconciliation Act of 2005.

SEC. 213. REDUCTION IN MINIMUM VESSEL TONNAGE WHICH QUALIFIES
FOR TONNAGE TAX MADE PERMANENT.

(a) In General.--Paragraph (4) of section 1355(a), as
amended by section 205 of the Tax Increase Prevention and
Reconciliation Act of 2005, is amended by striking ``10,000
(6,000, in the case of taxable years beginning after December
31, 2005, and ending before January 1, 2011)'' and inserting
``6,000''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 205 of the Tax
Increase Prevention and Reconciliation Act of 2005.

SEC. 214. MODIFICATION OF SPECIAL ARBITRAGE RULE FOR CERTAIN
FUNDS MADE PERMANENT.

(a) In General.--Section 206 of the Tax Increase Prevention
and Reconciliation Act of 2005 is amended by striking ``and
before August 31, 2009''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in section 206 of the Tax
Increase Prevention and Reconciliation Act of 2005.

SEC. 215. GREAT LAKES DOMESTIC SHIPPING TO NOT DISQUALIFY
VESSEL FROM TONNAGE TAX.

(a) In General.--Section 1355 (relating to definitions and
special rules) is amended by redesignating subsection (g) as
subsection (h) and by inserting after subsection (f) the
following new subsection:
``(g) Great Lakes Domestic Shipping to Not Disqualify
Vessel.--
``(1) In general.--If the electing corporation elects (at
such time and in such manner as the Secretary may require) to
apply this subsection for any taxable year to any qualifying
vessel which is used in qualified zone domestic trade during
the taxable year--
``(A) solely for purposes of subsection (a)(4), such use
shall be treated as use in United States foreign trade (and
not as use in United States domestic trade), and
``(B) subsection (f) shall not apply with respect to such
vessel for such taxable year.
``(2) Effect of temporarily operating vessel in united
states domestic trade.--In the case of a qualifying vessel to
which this subsection applies--
``(A) In general.--An electing corporation shall be treated
as using such vessel in qualified zone domestic trade during
any period of temporary use in the United States domestic
trade (other than qualified zone domestic trade) if the
electing corporation gives timely notice to the Secretary
stating--
``(i) that it temporarily operates or has operated in the
United States domestic trade (other than qualified zone
domestic trade) a qualifying vessel which had been used in
the United States foreign trade or qualified zone domestic
trade, and
``(ii) its intention to resume operation of the vessel in
the United States foreign trade or qualified zone domestic
trade.
``(B) Notice.--Notice shall be deemed timely if given not
later than the due date (including extensions) for the
corporation's tax return for the taxable year in which the
temporary cessation begins.
``(C) Period disregard in effect.--The period of temporary
use under subparagraph (A) continues until the earlier of the
date of which--
``(i) the electing corporation abandons its intention to
resume operations of the vessel in the United States foreign
trade or qualified zone domestic trade, or
``(ii) the electing corporation resumes operation of the
vessel in the United States foreign trade or qualified zone
domestic trade.
``(D) No disregard if domestic trade use exceeds 30 days.--
Subparagraph (A) shall not apply to any qualifying vessel
which is operated in the United States domestic trade (other
than qualified zone domestic trade) for more than 30 days
during the taxable year.
``(3) Allocation of income and deductions to qualifying
shipping activities.--In the case of a qualifying vessel to
which this subsection applies, the Secretary shall prescribe
rules for the proper allocation of income, expenses, losses,
and deductions between the qualified shipping activities and
the other activities of such vessel.
``(4) Qualified zone domestic trade.--For purposes of this
subsection--
``(A) In general.--The term `qualified zone domestic trade'
means the transportation of goods or passengers between
places in the qualified zone if such transportation is in the
United States domestic trade.
``(B) Qualified zone.--The term `qualified zone' means the
Great Lakes Waterway and the St. Lawrence Seaway.''.
(b) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after the date of the
enactment of this Act.

SEC. 216. USE OF QUALIFIED MORTGAGE BONDS TO FINANCE
RESIDENCES FOR VETERANS WITHOUT REGARD TO
FIRST-TIME HOMEBUYER REQUIREMENT.

(a) In General.--Section 143(d)(2) (relating to exceptions
to 3-year requirement) is amended by striking ``and'' at the
end of subparagraph (B), by adding ``and'' at the end of
subparagraph (C), and by inserting after subparagraph (C) the
following new subparagraph:
``(D) in the case of bonds issued after the date of the
enactment of this subparagraph and before January 1, 2008,
financing of any residence for a veteran (as defined in
section 101 of title 38, United States Code), if such veteran
has not previously qualified for and received such financing
by reason of this subparagraph,''.
(b) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act.

SEC. 217. EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL
RESIDENCE BY CERTAIN EMPLOYEES OF THE
INTELLIGENCE COMMUNITY.

(a) In General.--Subparagraph (A) of section 121(d)(9)
(relating to exclusion of gain from sale of principal
residence) is amended by striking ``duty'' and all that
follows and inserting ``duty--
``(i) as a member of the uniformed services,
``(ii) as a member of the Foreign Service of the United
States, or
``(iii) as an employee of the intelligence community.''.
(b) Employee of Intelligence Community Defined.--
Subparagraph (C) of section 121(d)(9) is amended by
redesignating clause (iv) as clause (v) and by inserting
after clause (iii) the following new clause:
``(iv) Employee of intelligence community.--The term
`employee of the intelligence community' means an employee
(as defined by section 2105 of title 5, United States Code)
of--

``(I) the Office of the Director of National Intelligence,
``(II) the Central Intelligence Agency,
``(III) the National Security Agency,
``(IV) the Defense Intelligence Agency,
``(V) the National Geospatial-Intelligence Agency,
``(VI) the National Reconnaissance Office,

[[Page S9553]]

``(VII) any other office within the Department of Defense
for the collection of specialized national intelligence
through reconnaissance programs,
``(VIII) any of the intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal Bureau of
Investigation, the Department of Treasury, the Department of
Energy, and the Coast Guard,
``(IX) the Bureau of Intelligence and Research of the
Department of State, or
``(X) any of the elements of the Department of Homeland
Security concerned with the analyses of foreign intelligence
information.''.

(c) Special Rule.--Subparagraph (C) of section 121(d)(9),
as amended by subsection (b), is amended by adding at the end
the following new clause:
``(vi) Special rule relating to intelligence community.--An
employee of the intelligence community shall not be treated
as serving on qualified extended duty unless such duty is at
a duty station located outside the United States.''.
(d) Conforming Amendment.--The heading for section
121(d)(9) is amended to read as follows: ``Uniformed
services, foreign service, and intelligence community''.
(e) Effective Date.--The amendments made by this section
shall apply to sales or exchanges after the date of the
enactment of this Act and before January 1, 2011.

SEC. 218. TREATMENT OF COKE AND COKE GAS.

(a) Nonapplication of Phaseout.--Section 45K(g)(2) is
amended by adding at the end the following new subparagraph:
``(D) Nonapplication of phaseout.--Subsection (b)(1) shall
not apply.''.
(b) Clarification of Qualifying Facility.--Section
45K(g)(1) is amended by inserting ``(other than from
petroleum based products)'' after ``coke or coke gas''.
(c) Effective Date.--The amendments made by this section
shall take effect as if included in section 1321 of the
Energy Policy Act of 2005.

SEC. 219. SALE OF PROPERTY BY JUDICIAL OFFICERS.

(a) In General.--Section 1043(b) (relating to the sale of
property to comply with conflict-of-interest requirements) is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by inserting ``, or a judicial
officer,'' after ``an officer or employee of the executive
branch''; and
(B) in subparagraph (B), by inserting ``judicial canon,''
after ``any statute, regulation, rule,'';
(2) in paragraph (2)--
(A) in subparagraph (A), by inserting ``judicial canon,''
after ``any Federal conflict of interest statute, regulation,
rule,''; and
(B) in subparagraph (B), by inserting after ``the Director
of the Office of Government Ethics,'' the following: ``in the
case of executive branch officers or employees, or by the
Judicial Conference of the United States (or its designee),
in the case of judicial officers,''; and
(3) in paragraph (5)(B), by inserting ``judicial canon,''
after ``any statute, regulation, rule,''.
(b) Judicial Officer Defined.--Section 1043(b) is amended
by adding at the end the following new paragraph:
``(6) Judicial officer.--The term `judicial officer' means
the Chief Justice of the United States, the Associate
Justices of the Supreme Court, and the judges of the United
States courts of appeals, United States district courts,
including the district courts in Guam, the Northern Mariana
Islands, and the Virgin Islands, Court of Appeals for the
Federal Circuit, Court of International Trade, Tax Court,
Court of Federal Claims, Court of Appeals for Veterans
Claims, United States Court of Appeals for the Armed Forces,
and any court created by Act of Congress, the judges of which
are entitled to hold office during good behavior.''.
(c) Effective Date.--The amendments made by this section
shall apply to sales after the date of enactment of this Act.

SEC. 220. PREMIUMS FOR MORTGAGE INSURANCE.

(a) In General.--Section 163(h)(3) (relating to qualified
residence interest) is amended by adding at the end the
following new subparagraph:
``(E) Mortgage insurance premiums treated as interest.--
``(i) In general.--Premiums paid or accrued for qualified
mortgage insurance by a taxpayer during the taxable year in
connection with acquisition indebtedness with respect to a
qualified residence of the taxpayer shall be treated for
purposes of this section as interest which is qualified
residence interest.
``(ii) Phaseout.--The amount otherwise treated as interest
under clause (i) shall be reduced (but not below zero) by 10
percent of such amount for each $1,000 ($500 in the case of a
married individual filing a separate return) (or fraction
thereof) that the taxpayer's adjusted gross income for the
taxable year exceeds $100,000 ($50,000 in the case of a
married individual filing a separate return).
``(iii) Limitation.--Clause (i) shall not apply with
respect to any mortgage insurance contracts issued before
January 1, 2007.
``(iv) Termination.--Clause (i) shall not apply to
amounts--

``(I) paid or accrued after December 31, 2007, or
``(II) properly allocable to any period after such date.''.

(b) Definition and Special Rules.--Section 163(h)(4)
(relating to other definitions and special rules) is amended
by adding at the end the following new subparagraphs:
``(E) Qualified mortgage insurance.--The term `qualified
mortgage insurance' means--
``(i) mortgage insurance provided by the Veterans
Administration, the Federal Housing Administration, or the
Rural Housing Administration, and
``(ii) private mortgage insurance (as defined by section 2
of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as
in effect on the date of the enactment of this subparagraph).
``(F) Special rules for prepaid qualified mortgage
insurance.--Any amount paid by the taxpayer for qualified
mortgage insurance that is properly allocable to any mortgage
the payment of which extends to periods that are after the
close of the taxable year in which such amount is paid shall
be chargeable to capital account and shall be treated as paid
in such periods to which so allocated. No deduction shall be
allowed for the unamortized balance of such account if such
mortgage is satisfied before the end of its term. The
preceding sentences shall not apply to amounts paid for
qualified mortgage insurance provided by the Veterans
Administration or the Rural Housing Administration.''.
(c) Information Returns Relating to Mortgage Insurance.--
Section 6050H (relating to returns relating to mortgage
interest received in trade or business from individuals) is
amended by adding at the end the following new subsection:
``(h) Returns Relating to Mortgage Insurance Premiums.--
``(1) In general.--The Secretary may prescribe, by
regulations, that any person who, in the course of a trade or
business, receives from any individual premiums for mortgage
insurance aggregating $600 or more for any calendar year,
shall make a return with respect to each such individual.
Such return shall be in such form, shall be made at such
time, and shall contain such information as the Secretary may
prescribe.
``(2) Statement to be furnished to individuals with respect
to whom information is required.--Every person required to
make a return under paragraph (1) shall furnish to each
individual with respect to whom a return is made a written
statement showing such information as the Secretary may
prescribe. Such written statement shall be furnished on or
before January 31 of the year following the calendar year for
which the return under paragraph (1) was required to be made.
``(3) Special rules.--For purposes of this subsection--
``(A) rules similar to the rules of subsection (c) shall
apply, and
``(B) the term `mortgage insurance' means--
``(i) mortgage insurance provided by the Veterans
Administration, the Federal Housing Administration, or the
Rural Housing Administration, and
``(ii) private mortgage insurance (as defined by section 2
of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as
in effect on the date of the enactment of this
subsection).''.
(d) Effective Date.--The amendments made by this section
shall apply to amounts paid or accrued after December 31,
2006.

SEC. 221. MODIFICATION OF REFUNDS FOR KEROSENE USED IN
AVIATION.

(a) In General.--Paragraph (4) of section 6427(l) (relating
to nontaxable uses of diesel fuel and kerosene) is amended to
read as follows:
``(4) Refunds for kerosene used in aviation.--
``(A) Kerosene used in commercial aviation.--In the case of
kerosene used in commercial aviation (as defined in section
4083(b)) (other than supplies for vessels or aircraft within
the meaning of section 4221(d)(3)), paragraph (1) shall not
apply to so much of the tax imposed by section 4041 or 4081,
as the case may be, as is attributable to--
``(i) the Leaking Underground Storage Tank Trust Fund
financing rate imposed by such section, and
``(ii) so much of the rate of tax specified in section
4041(c) or 4081(a)(2)(A)(iii), as the case may be, as does
not exceed 4.3 cents per gallon.
``(B) Kerosene used in noncommercial aviation.--In the case
of kerosene used in aviation that is not commercial aviation
(as so defined) (other than any use which is exempt from the
tax imposed by section 4041(c) other than by reason of a
prior imposition of tax), paragraph (1) shall not apply to--
``(i) any tax imposed by section 4041(c), and
``(ii) so much of the tax imposed by section 4081 as is
attributable to--

``(I) the Leaking Underground Storage Tank Trust Fund
financing rate imposed by such section, and
``(II) so much of the rate of tax specified in section
4081(a)(2)(A)(iii) as does not exceed the rate specified in
section 4081(a)(2)(C)(ii).

``(C) Payments to ultimate, registered vendor.--
``(i) In general.--With respect to any kerosene used in
aviation (other than kerosene described in clause (ii) or
kerosene to which paragraph (5) applies), if the ultimate
purchaser of such kerosene waives (at such time and in such
form and manner as the Secretary shall prescribe) the right
to payment under paragraph (1) and assigns such right to the
ultimate vendor, then the Secretary shall pay the amount
which would be paid under paragraph (1) to such ultimate
vendor, but only if such ultimate vendor--

``(I) is registered under section 4101, and

[[Page S9554]]

``(II) meets the requirements of subparagraph (A), (B), or
(D) of section 6416(a)(1).

``(ii) Payments for kerosene used in noncommercial
aviation.--The amount which would be paid under paragraph (1)
with respect to any kerosene to which subparagraph (B)
applies shall be paid only to the ultimate vendor of such
kerosene. A payment shall be made to such vendor if such
vendor--

``(I) is registered under section 4101, and
``(II) meets the requirements of subparagraph (A), (B), or
(D) of section 6416(a)(1).''.

(b) Conforming Amendments.--
(1) Section 6427(l) is amended by striking paragraph (5)
and by redesignating paragraph (6) as paragraph (5).
(2) Section 4082(d)(2)(B) is amended by striking ``section
6427(l)(6)(B)'' and inserting ``section 6427(l)(5)(B)''.
(3) Section 6427(i)(4)(A) is amended--
(A) by striking ``paragraph (4)(B), (5), or (6)'' each
place it appears and inserting ``paragraph (4)(C) or (5)'',
and
(B) by striking ``(l)(5), and (l)(6)'' and inserting
``(l)(4)(C)(ii), and (l)(5)''.
(4) Section 6427(l)(1) is amended by striking ``paragraph
(4)(B)'' and inserting ``paragraph (4)(C)(i)''.
(5) Section 9502(d) is amended--
(A) in paragraph (2), by striking ``and (l)(5)'', and
(B) in paragraph (3), by striking ``or (5)''.
(6) Section 9503(c)(7) is amended--
(A) by amending subparagraphs (A) and (B) to read as
follows:
``(A) 4.3 cents per gallon of kerosene subject to section
6427(l)(4)(A) with respect to which a payment has been made
by the Secretary under section 6427(l), and
``(B) 21.8 cents per gallon of kerosene subject to section
6427(l)(4)(B) with respect to which a payment has been made
by the Secretary under section 6427(l).'', and
(B) in the matter following subparagraph (B), by striking
``or (5)''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to kerosene sold after September 30, 2005.
(2) Special rule for pending claims.--In the case of
kerosene sold for use in aviation (other than kerosene to
which section 6427(l)(4)(C)(ii) of the Internal Revenue Code
of 1986 (as added by subsection (a)) applies or kerosene to
which section 6427(l)(5) of such Code (as redesignated by
subsection (b)) applies) after September 30, 2005, and before
the date of the enactment of this Act, the ultimate purchaser
shall be treated as having waived the right to payment under
section 6427(l)(1) of such Code and as having assigned such
right to the ultimate vendor if such ultimate vendor has met
the requirements of subparagraph (A), (B), or (D) of section
6416(a)(1) of such Code.
(d) Special Rule for Kerosene Used in Aviation on a Farm
for Farming Purposes.--
(1) Refunds for purchases after december 31, 2004, and
before october 1, 2005.--The Secretary of the Treasury shall
pay to the ultimate purchaser of any kerosene which is used
in aviation on a farm for farming purposes and which was
purchased after December 31, 2004, and before October 1,
2005, an amount equal to the aggregate amount of tax imposed
on such fuel under section 4041 or 4081 of the Internal
Revenue Code of 1986, as the case may be, reduced by any
payment to the ultimate vendor under section 6427(l)(5)(C) of
such Code (as in effect on the day before the date of the
enactment of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: a Legacy for Users).
(2) Use on a farm for farming purposes.--For purposes of
paragraph (1), kerosene shall be treated as used on a farm
for farming purposes if such kerosene is used for farming
purposes (within the meaning of section 6420(c)(3) of the
Internal Revenue Code of 1986) in carrying on a trade or
business on a farm situated in the United States. For
purposes of the preceding sentence, rules similar to the
rules of section 6420(c)(4) of such Code shall apply.
(3) Time for filing claims.--No claim shall be allowed
under paragraph (1) unless the ultimate purchaser files such
claim before the date that is 3 months after the date of the
enactment of this Act.
(4) No double benefit.--No amount shall be paid under
paragraph (1) or section 6427(l) of the Internal Revenue Code
of 1986 with respect to any kerosene described in paragraph
(1) to the extent that such amount is in excess of the tax
imposed on such kerosene under section 4041 or 4081 of such
Code, as the case may be.
(5) Applicable laws.--For purposes of this subsection,
rules similar to the rules of section 6427(j) of the Internal
Revenue Code of 1986 shall apply.

SEC. 222. DEDUCTION FOR QUALIFIED TIMBER GAIN.

(a) In General.--Part I of subchapter P of chapter 1 is
amended by adding at the end the following new section:

``SEC. 1203. DEDUCTION FOR QUALIFIED TIMBER GAIN.

``(a) In General.--In the case of a taxpayer which elects
the application of this section for a taxable year, there
shall be allowed a deduction against gross income equal to 60
percent of the lesser of--
``(1) the taxpayer's qualified timber gain for such year,
or
``(2) the taxpayer's net capital gain for such year.
``(b) Qualified Timber Gain.--For purposes of this section,
the term `qualified timber gain' means, with respect to any
taxpayer for any taxable year, the excess (if any) of--
``(1) the sum of the taxpayer's gains described in
subsections (a) and (b) of section 631 for such year, over
``(2) the sum of the taxpayer's losses described in such
subsections for such year.
``(c) Special Rules for Pass-Thru Entities.--In the case of
any qualified timber gain of a pass-thru entity (as defined
in section 1(h)(10))--
``(1) the election under this section shall be made
separately by each taxpayer subject to tax on such gain, and
``(2) the Secretary may prescribe such regulations as are
appropriate to apply this section to such gain.
``(d) Termination.--No disposition of timber after December
31, 2007, shall be taken into account under subsection
(b).''.
(b) Coordination With Maximum Capital Gains Rates.--
(1) Taxpayers other than corporations.--Paragraph (2) of
section 1(h) is amended to read as follows:
``(2) Reduction of net capital gain.--For purposes of this
subsection, the net capital gain for any taxable year shall
be reduced (but not below zero) by the sum of--
``(A) the amount which the taxpayer takes into account as
investment income under section 163(d)(4)(B)(iii), and
``(B) in the case of a taxable year with respect to which
an election is in effect under section 1203, the lesser of--
``(i) the amount described in paragraph (1) of section
1203(a), or
``(ii) the amount described in paragraph (2) of such
section.''.
(2) Corporations.--Section 1201 is amended by redesignating
subsection (b) as subsection (c) and inserting after
subsection (a) the following new subsection:
``(b) Qualified Timber Gain Not Taken Into Account.--For
purposes of this section, in the case of a corporation with
respect to which an election is in effect under section 1203,
the net capital gain for any taxable year shall be reduced
(but not below zero) by the corporation's qualified timber
gain (as defined in section 1203(b)).''.
(c) Deduction Allowed Whether or Not Individual Itemizes
Other Deductions.--Subsection (a) of section 62, as amended
by this Act, is amended by inserting before the last sentence
the following new paragraph:
``(22) Qualified timber gains.--The deduction allowed by
section 1203.''.
(d) Deduction Allowed in Computing Adjusted Current
Earnings.--Subparagraph (C) of section 56(g)(4) is amended by
adding at the end the following new clause:
``(vii) Deduction for qualified timber gain.--Clause (i)
shall not apply to any deduction allowed under section
1203.''.
(e) Deduction Allowed in Computing Taxable Income of
Electing Small Business Trusts.--Subparagraph (C) of section
641(c)(2) is amended by inserting after clause (iii) the
following new clause:
``(iv) The deduction allowed under section 1203.''.
(f) Conforming Amendments.--
(1) Subparagraph (B) of section 172(d)(2) is amended to
read as follows:
``(B) the exclusion under section 1202 and the deduction
under section 1203 shall not be allowed.''.
(2) Paragraph (4) of section 642(c) is amended by striking
the first sentence and inserting the following: ``To the
extent that the amount otherwise allowable as a deduction
under this subsection consists of gain described in section
1202(a) or qualified timber gain (as defined in section
1203(b)), proper adjustment shall be made for any exclusion
allowable to the estate or trust under section 1202 and for
any deduction allowable to the estate or trust under section
1203.''.
(3) Paragraph (3) of section 643(a) is amended by striking
the last sentence and inserting the following: ``The
exclusion under section 1202 and the deduction under section
1203 shall not be taken into account.''.
(4) Subparagraph (C) of section 643(a)(6) is amended to
read as follows:
``(C) Paragraph (3) shall not apply to a foreign trust. In
the case of such a trust--
``(i) there shall be included gains from the sale or
exchange of capital assets, reduced by losses from such sales
or exchanges to the extent such losses do not exceed gains
from such sales or exchanges, and
``(ii) the deduction under section 1203 shall not be taken
into account.''.
(5) Paragraph (4) of section 691(c) is amended by inserting
``1203,'' after ``1202,''.
(6) Paragraph (2) of section 871(a) is amended by striking
``section 1202'' and inserting ``sections 1202 and 1203''.
(7) The table of sections for part I of subchapter P of
chapter 1 is amended by adding at the end the following new
item:

``Sec. 1203. Deduction for qualified timber gain.''.
(g) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to taxable years ending after the date of the enactment
of this Act.
(2) Taxable years which include date of enactment.--In the
case of any taxable year which includes the date of the
enactment of this Act, for purposes of the Internal Revenue
Code of 1986, the taxpayer's qualified timber gain shall not
exceed the excess that would be described in section 1203(b)
of such Code, as added by this section, if only dispositions
of timber after such date were taken into account.

[[Page S9555]]

SEC. 223. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.

(a) In General.--Subpart H of part IV of subchapter A of
chapter 1 (relating to credits against tax) is amended by
adding at the end the following new section:

``SEC. 54A. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.

``(a) Allowance of Credit.--In the case of a taxpayer who
holds a rural renaissance bond on a credit allowance date of
such bond, which occurs during the taxable year, there shall
be allowed as a credit against the tax imposed by this
chapter for such taxable year an amount equal to the sum of
the credits determined under subsection (b) with respect to
credit allowance dates during such year on which the taxpayer
holds such bond.
``(b) Amount of Credit.--
``(1) In general.--The amount of the credit determined
under this subsection with respect to any credit allowance
date for a rural renaissance bond is 25 percent of the annual
credit determined with respect to such bond.
``(2) Annual credit.--The annual credit determined with
respect to any rural renaissance bond is the product of--
``(A) the credit rate determined by the Secretary under
paragraph (3) for the day on which such bond was sold,
multiplied by
``(B) the outstanding face amount of the bond.
``(3) Determination.--For purposes of paragraph (2), with
respect to any rural renaissance bond, the Secretary shall
determine daily or caused to be determined daily a credit
rate which shall apply to the first day on which there is a
binding, written contract for the sale or exchange of the
bond. The credit rate for any day is the credit rate which
the Secretary or the Secretary's designee estimates will
permit the issuance of rural renaissance bonds with a
specified maturity or redemption date without discount and
without interest cost to the qualified issuer.
``(4) Credit allowance date.--For purposes of this section,
the term `credit allowance date' means--
``(A) March 15,
``(B) June 15,
``(C) September 15, and
``(D) December 15.
Such term also includes the last day on which the bond is
outstanding.
``(5) Special rule for issuance and redemption.--In the
case of a bond which is issued during the 3-month period
ending on a credit allowance date, the amount of the credit
determined under this subsection with respect to such credit
allowance date shall be a ratable portion of the credit
otherwise determined based on the portion of the 3-month
period during which the bond is outstanding. A similar rule
shall apply when the bond is redeemed or matures.
``(c) Limitation Based on Amount of Tax.--The credit
allowed under subsection (a) for any taxable year shall not
exceed the excess of--
``(1) the sum of the regular tax liability (as defined in
section 26(b)) plus the tax imposed by section 55, over
``(2) the sum of the credits allowable under this part
(other than subpart C and this section).
``(d) Rural Renaissance Bond.--For purposes of this
section--
``(1) In general.--The term `rural renaissance bond' means
any bond issued as part of an issue if--
``(A) the bond is issued by a qualified issuer,
``(B) 95 percent or more of the proceeds from the sale of
such issue are to be used for capital expenditures incurred
for 1 or more qualified projects,
``(C) the qualified issuer designates such bond for
purposes of this section and the bond is in registered form,
and
``(D) the issue meets the requirements of subsections (e)
and (h).
``(2) Qualified project; special use rules.--
``(A) In general.--The term `qualified project' means 1 or
more projects described in subparagraph (B) located in a
rural area.
``(B) Projects described.--A project described in this
subparagraph is--
``(i) a water or waste treatment project,
``(ii) an affordable housing project,
``(iii) a community facility project, including hospitals,
fire and police stations, and nursing and assisted-living
facilities,
``(iv) a value-added agriculture or renewable energy
facility project for agricultural producers or farmer-owned
entities, including any project to promote the production,
processing, or retail sale of ethanol (including fuel at
least 85 percent of the volume of which consists of ethanol),
biodiesel, animal waste, biomass, raw commodities, or wind as
a fuel,
``(v) a distance learning or telemedicine project,
``(vi) a rural utility infrastructure project, including
any electric or telephone system,
``(vii) a project to expand broadband technology,
``(viii) a rural teleworks project, and
``(ix) any project described in any preceding clause
carried out by the Delta Regional Authority.
``(C) Special rules.--For purposes of this paragraph--
``(i) any project described in subparagraph (B)(iv) for a
farmer-owned entity may be considered a qualified project if
such entity is located in a rural area, or in the case of a
farmer-owned entity the headquarters of which are located in
a nonrural area, if the project is located in a rural area,
and
``(ii) any project for a farmer-owned entity which is a
facility described in subparagraph (B)(iv) for agricultural
producers may be considered a qualified project regardless of
whether the facility is located in a rural or nonrural area.
``(3) Special use rules.--
``(A) Refinancing rules.--For purposes of paragraph (1)(B),
a qualified project may be refinanced with proceeds of a
rural renaissance bond only if the indebtedness being
refinanced (including any obligation directly or indirectly
refinanced by such indebtedness) was originally incurred
after the date of the enactment of this section.
``(B) Reimbursement.--For purposes of paragraph (1)(B), a
rural renaissance bond may be issued to reimburse a borrower
for amounts paid after the date of the enactment of this
section with respect to a qualified project, but only if--
``(i) prior to the payment of the original expenditure, the
borrower declared its intent to reimburse such expenditure
with the proceeds of a rural renaissance bond,
``(ii) not later than 60 days after payment of the original
expenditure, the qualified issuer adopts an official intent
to reimburse the original expenditure with such proceeds, and
``(iii) the reimbursement is made not later than 18 months
after the date the original expenditure is paid.
``(C) Treatment of changes in use.--For purposes of
paragraph (1)(B), the proceeds of an issue shall not be
treated as used for a qualified project to the extent that a
borrower takes any action within its control which causes
such proceeds not to be used for a qualified project. The
Secretary shall prescribe regulations specifying remedial
actions that may be taken (including conditions to taking
such remedial actions) to prevent an action described in the
preceding sentence from causing a bond to fail to be a rural
renaissance bond.
``(e) Maturity Limitations.--
``(1) Duration of term.--A bond shall not be treated as a
rural renaissance bond if the maturity of such bond exceeds
the maximum term determined by the Secretary under paragraph
(2) with respect to such bond.
``(2) Maximum term.--During each calendar month, the
Secretary shall determine the maximum term permitted under
this paragraph for bonds issued during the following calendar
month. Such maximum term shall be the term which the
Secretary estimates will result in the present value of the
obligation to repay the principal on the bond being equal to
50 percent of the face amount of such bond. Such present
value shall be determined without regard to the requirements
of paragraph (3) and using as a discount rate the average
annual interest rate of tax-exempt obligations having a term
of 10 years or more which are issued during the month. If the
term as so determined is not a multiple of a whole year, such
term shall be rounded to the next highest whole year.
``(3) Ratable principal amortization required.--A bond
shall not be treated as a rural renaissance bond unless it is
part of an issue which provides for an equal amount of
principal to be paid by the qualified issuer during each
calendar year that the issue is outstanding.
``(f) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a rural renaissance
bond limitation of $200,000,000.
``(2) Allocation by secretary.--The Secretary shall
allocate the amount described in paragraph (1) among
qualified projects in such manner as the Secretary determines
appropriate.
``(g) Credit Included in Gross Income.--Gross income
includes the amount of the credit allowed to the taxpayer
under this section (determined without regard to subsection
(c)) and the amount so included shall be treated as interest
income.
``(h) Special Rules Relating to Expenditures.--
``(1) In general.--An issue shall be treated as meeting the
requirements of this subsection if, as of the date of
issuance, the qualified issuer reasonably expects--
``(A) at least 95 percent of the proceeds from the sale of
the issue are to be spent for 1 or more qualified projects
within the 5-year period beginning on the date of issuance of
the rural renaissance bond,
``(B) a binding commitment with a third party to spend at
least 10 percent of the proceeds from the sale of the issue
will be incurred within the 6-month period beginning on the
date of issuance of the rural renaissance bond or, in the
case of a rural renaissance bond, the proceeds of which are
to be loaned to 2 or more borrowers, such binding commitment
will be incurred within the 6-month period beginning on the
date of the loan of such proceeds to a borrower, and
``(C) such projects will be completed with due diligence
and the proceeds from the sale of the issue will be spent
with due diligence.
``(2) Extension of period.--Upon submission of a request
prior to the expiration of the period described in paragraph
(1)(A), the Secretary may extend such period if the qualified
issuer establishes that the failure to satisfy the 5-year
requirement is due to reasonable cause and the related
projects will continue to proceed with due diligence.
``(3) Failure to spend required amount of bond proceeds
within 5 years.--To the extent that less than 95 percent of
the proceeds of such issue are expended by the close of the
5-year period beginning on the date of

[[Page S9556]]

issuance (or if an extension has been obtained under
paragraph (2), by the close of the extended period), the
qualified issuer shall redeem all of the nonqualified bonds
within 90 days after the end of such period. For purposes of
this paragraph, the amount of the nonqualified bonds required
to be redeemed shall be determined in the same manner as
under section 142.
``(i) Special Rules Relating to Arbitrage.--A bond which is
part of an issue shall not be treated as a rural renaissance
bond unless, with respect to the issue of which the bond is a
part, the qualified issuer satisfies the arbitrage
requirements of section 148 with respect to proceeds of the
issue.
``(j) Qualified Issuer.--For purposes of this section--
``(1) In general.--The term `qualified issuer' means any
not-for-profit cooperative lender which has as of the date of
the enactment of this section received a guarantee under
section 306 of the Rural Electrification Act and which meets
the requirement of paragraph (2).
``(2) User fee requirement.--The requirement of this
paragraph is met if the issuer of any rural renaissance bond
makes grants for qualified projects as defined under
subsection (d)(2) on a semi-annual basis every year that such
bond is outstanding in an annual amount equal to one-half of
the rate on United States Treasury Bills of the same maturity
multiplied by the outstanding principal balance of rural
renaissance bonds issued by such issuer.
``(k) Special Rules Relating to Pool Bonds.--No portion of
a pooled financing bond may be allocable to a loan unless the
borrower has entered into a written loan commitment for such
portion prior to the issue date of such issue.
``(l) Other Definitions and Special Rules.--For purposes of
this section--
``(1) Bond.--The term `bond' includes any obligation.
``(2) Pooled financing bond.--The term `pooled financing
bond' shall have the meaning given such term by section
149(f)(4)(A).
``(3) Rural area.--The term `rural area' means any area
other than--
``(A) a city or town which has a population of greater than
50,000 inhabitants, or
``(B) the urbanized area contiguous and adjacent to such a
city or town.
``(4) Partnership; s corporation; and other pass-thru
entities.--
``(A) In general.--Under regulations prescribed by the
Secretary, in the case of a partnership, trust, S
corporation, or other pass-thru entity, rules similar to the
rules of section 41(g) shall apply with respect to the credit
allowable under subsection (a).
``(B) No basis adjustment.--In the case of a bond held by a
partnership or an S corporation, rules similar to the rules
under section 1397E(l) shall apply.
``(5) Bonds held by regulated investment companies.--If any
rural renaissance bond is held by a regulated investment
company, the credit determined under subsection (a) shall be
allowed to shareholders of such company under procedures
prescribed by the Secretary.
``(6) Reporting.--Issuers of rural renaissance bonds shall
submit reports similar to the reports required under section
149(e).''.
(b) Reporting.--Subsection (d) of section 6049 (relating to
returns regarding payments of interest) is amended by adding
at the end the following new paragraph:
``(9) Reporting of credit on rural renaissance bonds.--
``(A) In general.--For purposes of subsection (a), the term
`interest' includes amounts includible in gross income under
section 54A(f) and such amounts shall be treated as paid on
the credit allowance date (as defined in section 54A(b)(4)).
``(B) Reporting to corporations, etc.--Except as otherwise
provided in regulations, in the case of any interest
described in subparagraph (A), subsection (b)(4) shall be
applied without regard to subparagraphs (A), (H), (I), (J),
(K), and (L)(i) of such subsection.
``(C) Regulatory authority.--The Secretary may prescribe
such regulations as are necessary or appropriate to carry out
the purposes of this paragraph, including regulations which
require more frequent or more detailed reporting.''.
(c) Conforming Amendments.--
(1) The table of sections for subpart H of part IV of
subchapter A of chapter 1 is amended by adding at the end the
following new item:

``Sec. 54A. Credit to holders of rural renaissance bonds.''.

(2) Section 54(c)(2) is amended by inserting ``, section
54A,'' after ``subpart C''.
(3) Section 1400N(l)(3)(B) is amended by inserting ``,
section 54A,'' after ``subpart C''.
(d) Issuance of Regulations.--The Secretary of Treasury
shall issue regulations required under section 54A of the
Internal Revenue Code of 1986 (as added by this section) not
later than 120 days after the date of the enactment of this
Act.
(e) Effective Date.--The amendments made by this section
shall apply to bonds issued after the date of the enactment
of this Act and before January 1, 2010.

SEC. 224. RESTORATION OF DEDUCTION FOR TRAVEL EXPENSES OF
SPOUSE, ETC. ACCOMPANYING TAXPAYER ON BUSINESS
TRAVEL.

(a) In General.--Subsection (m) of section 274 (relating to
additional limitations on travel expenses) is amended by
adding at the end the following new paragraph:
``(4) Termination.--Paragraph (3) shall not apply to any
expense paid or incurred after the date of the enactment of
this paragraph and before January 1, 2008.''.
(b) Effective Date.--The amendment made by this section
shall apply to amounts paid or incurred after the date of the
enactment of this Act.

SEC. 225. TECHNICAL CORRECTIONS.

(a) Technical Correction Relating to Look-Through Treatment
of Payments Between Related Controlled Foreign Corporations
Under the Foreign Personal Holding Company Rules.--
(1) In general.--
(A) The first sentence of section 954(c)(6)(A), as amended
by section 103(b) of the Tax Increase Prevention and
Reconciliation Act of 2005, is amended by striking ``which is
not subpart F income'' and inserting ``which is neither
subpart F income nor income treated as effectively connected
with the conduct of a trade or business in the United
States''.
(B) Section 954(c)(6)(A), as so amended, is amended by
striking the last sentence and inserting the following: ``The
Secretary shall prescribe such regulations as may be
necessary or appropriate to carry out this paragraph,
including such regulations as may be necessary or appropriate
to prevent the abuse of the purposes of this paragraph.''
(2) Effective date.--The amendments made by this subsection
shall take effect as if included in section 103(b) of the Tax
Increase Prevention and Reconciliation Act of 2005.
(b) Technical Correction Regarding Authority to Exercise
Reasonable Cause and Good Faith Exception.--
(1) In general.--Section 903(d)(2)(B)(iii) of the American
Jobs Creation Act of 2004, as amended by section 303(a) of
the Gulf Opportunity Zone Act of 2005, is amended by
inserting ``or the Secretary's delegate'' after ``the
Secretary of the Treasury''.
(2) Effective date.--The amendment made by this subsection
shall take effect as if included in the provisions of the
American Jobs Creation Act of 2004 to which it relates.

TITLE III--SURFACE MINING CONTROL AND RECLAMATION ACT AMENDMENTS OF
2006

SEC. 301. SHORT TITLE.

This title may be cited as the ``Surface Mining Control and
Reclamation Act Amendments of 2006''.

Subtitle A--Mining Control and Reclamation

SEC. 311. ABANDONED MINE RECLAMATION FUND AND PURPOSES.

(a) In General.--Section 401 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1231) is amended--
(1) in subsection (c)--
(A) by striking paragraphs (2) and (6); and
(B) by redesignating paragraphs (3), (4), and (5) and
paragraphs (7) through (13) as paragraphs (2) through (11),
respectively;
(2) by striking subsection (d) and inserting the following:
``(d) Availability of Moneys; No Fiscal Year Limitation.--
``(1) In general.--Moneys from the fund for expenditures
under subparagraphs (A) through (D) of section 402(g)(3)
shall be available only when appropriated for those
subparagraphs.
``(2) No fiscal year limitation.--Appropriations described
in paragraph (1) shall be made without fiscal year
limitation.
``(3) Other purposes.--Moneys from the fund shall be
available for all other purposes of this title without prior
appropriation as provided in subsection (f).'';
(3) in subsection (e)--
(A) in the second sentence, by striking ``the needs of such
fund'' and inserting ``achieving the purposes of the
transfers under section 402(h)''; and
(B) in the third sentence, by inserting before the period
the following: ``for the purpose of the transfers under
section 402(h)''; and
(4) by adding at the end the following:
``(f) General Limitation on Obligation Authority.--
``(1) In general.--From amounts deposited into the fund
under subsection (b), the Secretary shall distribute during
each fiscal year beginning after September 30, 2007, an
amount determined under paragraph (2).
``(2) Amounts.--
``(A) For fiscal years 2008 through 2022.--For each of
fiscal years 2008 through 2022, the amount distributed by the
Secretary under this subsection shall be equal to--
``(i) the amounts deposited into the fund under paragraphs
(1), (2), and (4) of subsection (b) for the preceding fiscal
year that were allocated under paragraphs (1) and (5) of
section 402(g); plus
``(ii) the amount needed for the adjustment under section
402(g)(8) for the current fiscal year.
``(B) Fiscal years 2023 and thereafter.--For fiscal year
2023 and each fiscal year thereafter, to the extent that
funds are available, the Secretary shall distribute an amount
equal to the amount distributed under subparagraph (A) during
fiscal year 2022.
``(3) Distribution.--
``(A) In general.--Except as provided in subparagraph (B),
for each fiscal year, of the amount to be distributed to
States and Indian tribes pursuant to paragraph (2), the
Secretary shall distribute--
``(i) the amounts allocated under paragraph (1) of section
402(g), the amounts allocated under paragraph (5) of section
402(g), and any amount reallocated under section

[[Page S9557]]

411(h)(3) in accordance with section 411(h)(2), for grants to
States and Indian tribes under section 402(g)(5); and
``(ii) the amounts allocated under section 402(g)(8).
``(B) Exclusion.--Beginning on October 1, 2007, certified
States shall be ineligible to receive amounts under section
402(g)(1).
``(4) Availability.--Amounts in the fund available to the
Secretary for obligation under this subsection shall be
available until expended.
``(5) Addition.--
``(A) In general.--Subject to subparagraph (B), the amount
distributed under this subsection for each fiscal year shall
be in addition to the amount appropriated from the fund
during the fiscal year.
``(B) Exceptions.--Notwithstanding paragraph (3), the
amount distributed under this subsection for the first 4
fiscal years beginning on and after October 1, 2007, shall be
equal to the following percentage of the amount otherwise
required to be distributed:
``(i) 50 percent in fiscal year 2008.
``(ii) 50 percent in fiscal year 2009.
``(iii) 75 percent in fiscal year 2010.
``(iv) 75 percent in fiscal year 2011.''.
(b) Conforming Amendment.--Section 712(b) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1302(b)) is amended by striking ``section 401(c)(11)'' and
inserting ``section 401(c)(9)''.

SEC. 312. RECLAMATION FEE.

(a) Amounts.--
(1) Fiscal years 2008-2012.--Effective October 1, 2007,
section 402(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(a)) is amended--
(A) by striking ``35'' and inserting ``31.5'';
(B) by striking ``15'' and inserting ``13.5''; and
(C) by striking ``10 cents'' and inserting ``9 cents''.
(2) Fiscal years 2013-2021.--Effective October 1, 2012,
section 402(a) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(a)) (as amended by paragraph (1))
is amended--
(A) by striking ``31.5'' and inserting ``28'';
(B) by striking ``13.5'' and inserting ``12''; and
(C) by striking ``9 cents'' and inserting ``8 cents''.
(b) Duration.--Effective September 30, 2007, section 402(b)
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(b)) (as amended by section 7007 of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 484)) is amended by striking ``September 30, 2007''
and all that follows through the end of the sentence and
inserting ``September 30, 2021.''.
(c) Allocation of Funds.--Section 402(g) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1232(g)) is amended--
(1) in paragraph (1)(D)--
(A) by inserting ``(except for grants awarded during fiscal
years 2008, 2009, and 2010 to the extent not expended within
5 years)'' after ``this paragraph''; and
(B) by striking ``in any area under paragraph (2), (3),
(4), or (5)'' and inserting ``under paragraph (5)'';
(2) by striking paragraph (2) and inserting:
``(2) In making the grants referred to in paragraph (1)(C)
and the grants referred to in paragraph (5), the Secretary
shall ensure strict compliance by the States and Indian
tribes with the priorities described in section 403(a) until
a certification is made under section 411(a).'';
(3) in paragraph (3)--
(A) in the matter preceding subparagraph (A), by striking
``paragraphs (2) and'' and inserting ``paragraph'';
(B) in subparagraph (A), by striking ``401(c)(11)'' and
inserting ``401(c)(9)''; and
(C) by adding at the end the following:
``(E) For the purpose of paragraph (8).'';
(4) in paragraph (5)--
(A) by inserting ``(A)'' after ``(5)'';
(B) in the first sentence, by striking ``40'' and inserting
``60'';
(C) in the last sentence, by striking ``Funds allocated or
expended by the Secretary under paragraphs (2), (3), or (4)''
and inserting ``Funds made available under paragraph (3) or
(4)''; and
(D) by adding at the end the following:
``(B) Any amount that is reallocated and available under
section 411(h)(3) shall be in addition to amounts that are
allocated under subparagraph (A).''; and
(5) by striking paragraphs (6) through (8) and inserting
the following:
``(6)(A) Any State with an approved abandoned mine
reclamation program pursuant to section 405 may receive and
retain, without regard to the 3-year limitation referred to
in paragraph (1)(D), up to 30 percent of the total of the
grants made annually to the State under paragraphs (1) and
(5) if those amounts are deposited into an acid mine drainage
abatement and treatment fund established under State law,
from which amounts (together with all interest earned on the
amounts) are expended by the State for the abatement of the
causes and the treatment of the effects of acid mine drainage
in a comprehensive manner within qualified hydrologic units
affected by coal mining practices.
``(B) In this paragraph, the term `qualified hydrologic
unit' means a hydrologic unit--
``(i) in which the water quality has been significantly
affected by acid mine drainage from coal mining practices in
a manner that adversely impacts biological resources; and
``(ii) that contains land and water that are--
``(I) eligible pursuant to section 404 and include any of
the priorities described in section 403(a); and
``(II) the subject of expenditures by the State from the
forfeiture of bonds required under section 509 or from other
States sources to abate and treat acid mine drainage.
``(7) In complying with the priorities described in section
403(a), any State or Indian tribe may use amounts available
in grants made annually to the State or tribe under
paragraphs (1) and (5) for the reclamation of eligible land
and water described in section 403(a)(3) before the
completion of reclamation projects under paragraphs (1) and
(2) of section 403(a) only if the expenditure of funds for
the reclamation is done in conjunction with the expenditure
before, on, or after the date of enactment of the Surface
Mining Control and Reclamation Act Amendments of 2006 of
funds for reclamation projects under paragraphs (1) and (2)
of section 403(a).
``(8)(A) In making funds available under this title, the
Secretary shall ensure that the grant awards total not less
than $3,000,000 annually to each State and each Indian tribe
having an approved abandoned mine reclamation program
pursuant to section 405 and eligible land and water pursuant
to section 404, so long as an allocation of funds to the
State or tribe is necessary to achieve the priorities stated
in paragraphs (1) and (2) of section 403(a).
``(B) Notwithstanding any other provision of law, this
paragraph applies to the States of Tennessee and Missouri.''.
(d) Transfers of Interest Earned by Abandoned Mine
Reclamation Fund.--Section 402 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1232) is amended by
striking subsection (h) and inserting the following:
``(h) Transfers of Interest Earned by Fund.--
``(1) In general.--
``(A) Transfers to combined benefit fund.--As soon as
practicable after the beginning of fiscal year 2007 and each
fiscal year thereafter, and before making any allocation with
respect to the fiscal year under subsection (g), the
Secretary shall use an amount not to exceed the amount of
interest that the Secretary estimates will be earned and paid
to the fund during the fiscal year to make the transfer
described in paragraph (2)(A).
``(B) Transfers to 1992 and 1993 plans.--As soon as
practicable after the beginning of fiscal year 2008 and each
fiscal year thereafter, and before making any allocation with
respect to the fiscal year under subsection (g), the
Secretary shall use an amount not to exceed the amount of
interest that the Secretary estimates will be earned and paid
to the fund during the fiscal year (reduced by the amount
used under subparagraph (A)) to make the transfers described
in paragraphs (2)(B) and (2)(C).
``(2) Transfers described.--The transfers referred to in
paragraph (1) are the following:
``(A) United mine workers of america combined benefit
fund.--A transfer to the United Mine Workers of America
Combined Benefit Fund equal to the amount that the trustees
of the Combined Benefit Fund estimate will be expended from
the fund for the fiscal year in which the transfer is made,
reduced by--
``(i) the amount the trustees of the Combined Benefit Fund
estimate the Combined Benefit Fund will receive during the
fiscal year in--

``(I) required premiums; and
``(II) payments paid by Federal agencies in connection with
benefits provided by the Combined Benefit Fund; and

``(ii) the amount the trustees of the Combined Benefit Fund
estimate will be expended during the fiscal year to provide
health benefits to beneficiaries who are unassigned
beneficiaries solely as a result of the application of
section 9706(h)(1) of the Internal Revenue Code of 1986, but
only to the extent that such amount does not exceed the
amounts described in subsection (i)(1)(A) that the Secretary
estimates will be available to pay such estimated
expenditures.
``(B) United mine workers of america 1992 benefit plan.--A
transfer to the United Mine Workers of America 1992 Benefit
Plan, in an amount equal to the difference between--
``(i) the amount that the trustees of the 1992 UMWA Benefit
Plan estimate will be expended from the 1992 UMWA Benefit
Plan during the next calendar year to provide the benefits
required by the 1992 UMWA Benefit Plan on the date of
enactment of this subparagraph; minus
``(ii) the amount that the trustees of the 1992 UMWA
Benefit Plan estimate the 1992 UMWA Benefit Plan will receive
during the next calendar year in--

``(I) required monthly per beneficiary premiums, including
the amount of any security provided to the 1992 UMWA Benefit
Plan that is available for use in the provision of benefits;
and
``(II) payments paid by Federal agencies in connection with
benefits provided by the 1992 UMWA benefit plan.

``(C) Multiemployer health benefit plan.--A transfer to the
Multiemployer Health Benefit Plan established after July 20,
1992, by the parties that are the settlors of the 1992 UMWA
Benefit Plan referred to in

[[Page S9558]]

subparagraph (B) (referred to in this subparagraph and
subparagraph (D) as `the Plan'), in an amount equal to the
excess (if any) of--
``(i) the amount that the trustees of the Plan estimate
will be expended from the Plan during the next calendar year,
to provide benefits no greater than those provided by the
Plan as of December 31, 2006; over
``(ii) the amount that the trustees estimated the Plan will
receive during the next calendar year in payments paid by
Federal agencies in connection with benefits provided by the
Plan.

Such excess shall be calculated by taking into account only
those beneficiaries actually enrolled in the Plan as of
December 31, 2006, who are eligible to receive benefits under
the Plan on the first day of the calendar year for which the
transfer is made.
``(D) Individuals considered enrolled.--For purposes of
subparagraph (C), any individual who was eligible to receive
benefits from the Plan as of the date of enactment of this
subsection, even though benefits were being provided to the
individual pursuant to a settlement agreement approved by
order of a bankruptcy court entered on or before September
30, 2004, will be considered to be actually enrolled in the
Plan and shall receive benefits from the Plan beginning on
December 31, 2006.
``(3) Adjustment.--If, for any fiscal year, the amount of a
transfer under subparagraph (A), (B), or (C) of paragraph (2)
is more or less than the amount required to be transferred
under that subparagraph, the Secretary shall appropriately
adjust the amount transferred under that subparagraph for the
next fiscal year.
``(4) Additional amounts.--
``(A) Previously credited interest.--Notwithstanding any
other provision of law, any interest credited to the fund
that has not previously been transferred to the Combined
Benefit Fund referred to in paragraph (2)(A) under this
section--
``(i) shall be held in reserve by the Secretary until such
time as necessary to make the payments under subparagraphs
(A) and (B) of subsection (i)(1), as described in clause
(ii); and
``(ii) in the event that the amounts described in
subsection (i)(1) are insufficient to make the maximum
payments described in subparagraphs (A) and (B) of subsection
(i)(1), shall be used by the Secretary to supplement the
payments so that the maximum amount permitted under those
paragraphs is paid.
``(B) Previously allocated amounts.--All amounts allocated
under subsection (g)(2) before the date of enactment of this
subparagraph for the program described in section 406, but
not appropriated before that date, shall be available to the
Secretary to make the transfers described in paragraph (2).
``(C) Adequacy of previously credited interest.--The
Secretary shall--
``(i) consult with the trustees of the plans described in
paragraph (2) at reasonable intervals; and
``(ii) notify Congress if a determination is made that the
amounts held in reserve under subparagraph (A) are
insufficient to meet future requirements under subparagraph
(A)(ii).
``(D) Additional reserve amounts.--In addition to amounts
held in reserve under subparagraph (A), there is authorized
to be appropriated such sums as may be necessary for transfer
to the fund to carry out the purposes of subparagraph
(A)(ii).
``(E) Inapplicability of cap.--The limitation described in
subsection (i)(3)(A) shall not apply to payments made from
the reserve fund under this paragraph.
``(5) Limitations.--
``(A) Availability of funds for next fiscal year.--The
Secretary may make transfers under subparagraphs (B) and (C)
of paragraph (2) for a calendar year only if the Secretary
determines, using actuarial projections provided by the
trustees of the Combined Benefit Fund referred to in
paragraph (2)(A), that amounts will be available under
paragraph (1), after the transfer, for the next fiscal year
for making the transfer under paragraph (2)(A).
``(B) Rate of contributions of obligors.--
``(i) In general.--

``(I) Rate.--A transfer under paragraph (2)(C) shall not be
made for a calendar year unless the persons that are
obligated to contribute to the plan referred to in paragraph
(2)(C) on the date of the transfer are obligated to make the
contributions at rates that are no less than those in effect
on the date which is 30 days before the date of enactment of
this subsection.
``(II) Application.--The contributions described in
subclause (I) shall be applied first to the provision of
benefits to those plan beneficiaries who are not described in
paragraph (2)(C)(ii).

``(ii) Initial contributions.--

``(I) In general.--From the date of enactment of the
Surface Mining Control and Reclamation Act Amendments of 2006
through December 31, 2010, the persons that, on the date of
enactment of that Act, are obligated to contribute to the
plan referred to in paragraph (2)(C) shall be obligated,
collectively, to make contributions equal to the amount
described in paragraph (2)(C), less the amount actually
transferred due to the operation of subparagraph (C).
``(II) First calendar year.--Calendar year 2006 is the
first calendar year for which contributions are required
under this clause.
``(III) Amount of contribution for 2006.--Except as
provided in subclause (IV), the amount described in paragraph
(2)(C) for calendar year 2006 shall be calculated as if
paragraph (2)(C) had been in effect during 2005.
``(IV) Limitation.--The contributions required under this
clause for calendar year 2006 shall not exceed the amount
necessary for solvency of the plan described in paragraph
(2)(C), measured as of December 31, 2006 and taking into
account all assets held by the plan as of that date.

``(iii) Division.--The collective annual contribution
obligation required under clause (ii) shall be divided among
the persons subject to the obligation, and applied uniformly,
based on the hours worked for which contributions referred to
in clause (i) would be owed.
``(C) Phase-in of transfers.--For each of calendar years
2008 through 2010, the transfers required under subparagraphs
(B) and (C) of paragraph (2) shall equal the following
amounts:
``(i) For calendar year 2008, the Secretary shall make
transfers equal to 25 percent of the amounts that would
otherwise be required under subparagraphs (B) and (C) of
paragraph (2).
``(ii) For calendar year 2009, the Secretary shall make
transfers equal to 50 percent of the amounts that would
otherwise be required under subparagraphs (B) and (C) of
paragraph (2).
``(iii) For calendar year 2010, the Secretary shall make
transfers equal to 75 percent of the amounts that would
otherwise be required under subparagraphs (B) and (C) of
paragraph (2).
``(i) Funding.--
``(1) In general.--Subject to paragraph (3), out of any
funds in the Treasury not otherwise appropriated, the
Secretary of the Treasury shall transfer to the plans
described in subsection (h)(2) such sums as are necessary to
pay the following amounts:
``(A) To the Combined Fund (as defined in section
9701(a)(5) of the Internal Revenue Code of 1986 and referred
to in this paragraph as the `Combined Fund'), the amount that
the trustees of the Combined Fund estimate will be expended
from premium accounts maintained by the Combined Fund for the
fiscal year to provide benefits for beneficiaries who are
unassigned beneficiaries solely as a result of the
application of section 9706(h)(1) of the Internal Revenue
Code of 1986, subject to the following limitations:
``(i) For fiscal year 2008, the amount paid under this
subparagraph shall equal--

``(I) the amount described in subparagraph (A); minus
``(II) the amounts required under section 9706(h)(3)(A) of
the Internal Revenue Code of 1986.

``(ii) For fiscal year 2009, the amount paid under this
subparagraph shall equal--

``(I) the amount described in subparagraph (A); minus
``(II) the amounts required under section 9706(h)(3)(B) of
the Internal Revenue Code of 1986.

``(iii) For fiscal year 2010, the amount paid under this
subparagraph shall equal--

``(I) the amount described in subparagraph (A); minus
``(II) the amounts required under section 9706(h)(3)(C) of
the Internal Revenue Code of 1986.

``(B) On certification by the trustees of any plan
described in subsection (h)(2) that the amount available for
transfer by the Secretary pursuant to this section
(determined after application of any limitation under
subsection (h)(5)) is less than the amount required to be
transferred, to the plan the amount necessary to meet the
requirement of subsection (h)(2).
``(C) To the Combined Fund, $9,000,000 on October 1, 2007,
$9,000,000 on October 1, 2008, and $9,000,000 on October 1,
2009 (which amounts shall not be exceeded) to provide a
refund of any premium (as described in section 9704(a) of the
Internal Revenue Code of 1986) paid on or before September 7,
2000, to the Combined Fund, plus interest on the premium
calculated at the rate of 7.5 percent per year, on a
proportional basis and to be paid not later than 60 days
after the date on which each payment is received by the
Combined Fund, to those signatory operators (to the extent
that the Combined Fund has not previously returned the
premium amounts to the operators), or any related persons to
the operators (as defined in section 9701(c) of the Internal
Revenue Code of 1986), or their heirs, successors, or assigns
who have been denied the refunds as the result of final
judgments or settlements if--
``(i) prior to the date of enactment of this paragraph, the
signatory operator (or any related person to the operator)--

``(I) had all of its beneficiary assignments made under
section 9706 of the Internal Revenue Code of 1986 voided by
the Commissioner of the Social Security Administration; and
``(II) was subject to a final judgment or final settlement
of litigation adverse to a claim by the operator that the
assignment of beneficiaries under section 9706 of the
Internal Revenue Code of 1986 was unconstitutional as applied
to the operator; and

``(ii) on or before September 7, 2000, the signatory
operator (or any related person to the operator) had paid to
the Combined Fund any premium amount that had not been
refunded.
``(2) Payments to states and indian tribes.--Subject to
paragraph (3), out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall

[[Page S9559]]

transfer to the Secretary of the Interior for distribution to
States and Indian tribes such sums as are necessary to pay
amounts described in paragraphs (1)(A) and (2)(A) of section
411(h).
``(3) Limitations.--
``(A) Cap.--The total amount transferred under this
subsection for any fiscal year shall not exceed $490,000,000.
``(B) Insufficient amounts.--In a case in which the amount
required to be transferred without regard to this paragraph
exceeds the maximum annual limitation in subparagraph (A),
the Secretary shall adjust the transfers of funds so that--
``(i) each transfer for the fiscal year is a percentage of
the amount described;
``(ii) the amount is determined without regard to
subsection (h)(5)(A); and
``(iii) the percentage transferred is the same for all
transfers made under this subsection for the fiscal year.
``(4) Availability of funds.--Funds shall be transferred
under paragraph (1) and (2) beginning in fiscal year 2008 and
each fiscal year thereafter, and shall remain available until
expended.''.

SEC. 313. OBJECTIVES OF FUND.

Section 403 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1233) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``(1) the protection'' and inserting the
following:
``(1)(A) the protection;'';
(ii) in subparagraph (A) (as designated by clause (i)), by
striking ``general welfare,''; and
(iii) by adding at the end the following:
``(B) the restoration of land and water resources and the
environment that--
``(i) have been degraded by the adverse effects of coal
mining practices; and
``(ii) are adjacent to a site that has been or will be
remediated under subparagraph (A);'';
(B) in paragraph (2)--
(i) by striking ``(2) the protection'' and inserting the
following:
``(2)(A) the protection'';
(ii) in subparagraph (A) (as designated by clause (i), by
striking ``health, safety, and general welfare'' and
inserting ``health and safety''; and
(iii) by adding at the end the following:
``(B) the restoration of land and water resources and the
environment that--
``(i) have been degraded by the adverse effects of coal
mining practices; and
``(ii) are adjacent to a site that has been or will be
remediated under subparagraph (A); and'';
(C) in paragraph (3), by striking the semicolon at the end
and inserting a period; and
(D) by striking paragraphs (4) and (5);
(2) in subsection (b)--
(A) by striking the subsection heading and inserting
``Water Supply Restoration.--''; and
(B) in paragraph (1), by striking ``up to 30 percent of
the''; and
(3) in the second sentence of subsection (c), by inserting
``, subject to the approval of the Secretary,'' after
``amendments''.

SEC. 314. RECLAMATION OF RURAL LAND.

(a) Administration.--Section 406(h) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is
amended by striking ``Soil Conservation Service'' and
inserting ``Natural Resources Conservation Service''.
(b) Authorization of Appropriations for Carrying Out Rural
Land Reclamation.--Section 406 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1236) is amended by
adding at the end the following:
``(i) There are authorized to be appropriated to the
Secretary of Agriculture, from amounts in the Treasury other
than amounts in the fund, such sums as may be necessary to
carry out this section.''.

SEC. 315. LIENS.

Section 408(a) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1238) is amended in the
last sentence by striking ``who owned the surface prior to
May 2, 1977, and''.

SEC. 316. CERTIFICATION.

Section 411 of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1240a) is amended--
(1) in subsection (a)--
(A) by inserting ``(1)'' before the first sentence; and
(B) by adding at the end the following:
``(2)(A) The Secretary may, on the initiative of the
Secretary, make the certification referred to in paragraph
(1) on behalf of any State or Indian tribe referred to in
paragraph (1) if on the basis of the inventory referred to in
section 403(c) all reclamation projects relating to the
priorities described in section 403(a) for eligible land and
water pursuant to section 404 in the State or tribe have been
completed.
``(B) The Secretary shall only make the certification after
notice in the Federal Register and opportunity for public
comment.''; and
(2) by adding at the end the following:
``(h) Payments to States and Indian Tribes.--
``(1) In general.--
``(A) Payments.--
``(i) In general.--Notwithstanding section 401(f)(3)(B),
from funds referred to in section 402(i)(2), the Secretary
shall make payments to States or Indian tribes for the amount
due for the aggregate unappropriated amount allocated to the
State or Indian tribe under subparagraph (A) or (B) of
section 402(g)(1).
``(ii) Conversion as equivalent payments.--Amounts
allocated under subparagraphs (A) or (B) of section 402(g)(1)
shall be reallocated to the allocation established in section
402(g)(5) in amounts equivalent to payments made to States or
Indian tribes under this paragraph.
``(B) Amount due.--In this paragraph, the term `amount due'
means the unappropriated amount allocated to a State or
Indian tribe before October 1, 2007, under subparagraph (A)
or (B) of section 402(g)(1).
``(C) Schedule.--Payments under subparagraph (A) shall be
made in 7 equal annual installments, beginning with fiscal
year 2008.
``(D) Use of funds.--
``(i) Certified states and indian tribes.--A State or
Indian tribe that makes a certification under subsection (a)
in which the Secretary concurs shall use any amounts provided
under this paragraph for the purposes established by the
State legislature or tribal council of the Indian tribe, with
priority given for addressing the impacts of mineral
development.
``(ii) Uncertified states and indian tribes.--A State or
Indian tribe that has not made a certification under
subsection (a) in which the Secretary has concurred shall use
any amounts provided under this paragraph for the purposes
described in section 403.
``(2) Subsequent state and indian tribe share for certified
states and indian tribes.--
``(A) In general.--Notwithstanding section 401(f)(3)(B),
from funds referred to in section 402(i)(2), the Secretary
shall pay to each certified State or Indian tribe an amount
equal to the sum of the aggregate unappropriated amount
allocated on or after October 1, 2007, to the certified State
or Indian tribe under subparagraph (A) or (B) of section
402(g)(1).
``(B) Certified state or indian tribe defined.--In this
paragraph the term `certified State or Indian tribe' means a
State or Indian tribe for which a certification is made under
subsection (a) in which the Secretary concurs.
``(3) Manner of payment.--
``(A) In general.--Subject to subparagraph (B), payments to
States or Indian tribes under this subsection shall be made
without regard to any limitation in section 401(d) and
concurrently with payments to States under that section.
``(B) Initial payments.--The first 3 payments made to any
State or Indian tribe shall be reduced to 25 percent, 50
percent, and 75 percent, respectively, of the amounts
otherwise required under paragraph (2)(A).
``(C) Installments.--Amounts withheld from the first 3
annual installments as provided under subparagraph (B) shall
be paid in 2 equal annual installments beginning with fiscal
year 2018.
``(4) Reallocation.--
``(A) In general.--The amount allocated to any State or
Indian tribe under subparagraph (A) or (B) of section
402(g)(1) that is paid to the State or Indian tribe as a
result of a payment under paragraph (1) or (2) shall be
reallocated and available for grants under section 402(g)(5).
``(B) Allocation.--The grants shall be allocated based on
the amount of coal historically produced before August 3,
1977, in the same manner as under section 402(g)(5).''.

SEC. 317. REMINING INCENTIVES.

Title IV of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1231 et seq.) is amended by adding at the
following:

``SEC. 415. REMINING INCENTIVES.

``(a) In General.--Notwithstanding any other provision of
this Act, the Secretary may, after opportunity for public
comment, promulgate regulations that describe conditions
under which amounts in the fund may be used to provide
incentives to promote remining of eligible land under section
404 in a manner that leverages the use of amounts from the
fund to achieve more reclamation with respect to the eligible
land than would be achieved without the incentives.
``(b) Requirements.--Any regulations promulgated under
subsection (a) shall specify that the incentives shall apply
only if the Secretary determines, with the concurrence of the
State regulatory authority referred to in title V, that,
without the incentives, the eligible land would not be likely
to be remined and reclaimed.
``(c) Incentives.--
``(1) In general.--Incentives that may be considered for
inclusion in the regulations promulgated under subsection (a)
include, but are not limited to--
``(A) a rebate or waiver of the reclamation fees required
under section 402(a); and
``(B) the use of amounts in the fund to provide financial
assurance for remining operations in lieu of all or a portion
of the performance bonds required under section 509.
``(2) Limitations.--
``(A) Use.--A rebate or waiver under paragraph (1)(A) shall
be used only for operations that--
``(i) remove or reprocess abandoned coal mine waste; or
``(ii) conduct remining activities that meet the priorities
specified in paragraph (1) or (2) of section 403(a).
``(B) Amount.--The amount of a rebate or waiver provided as
an incentive under paragraph (1)(A) to remine or reclaim
eligible land shall not exceed the estimated cost of
reclaiming the eligible land under this section.''.

[[Page S9560]]

SEC. 318. EXTENSION OF LIMITATION ON APPLICATION OF
PROHIBITION ON ISSUANCE OF PERMIT.

Section 510(e) of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by
striking the last sentence.

SEC. 319. TRIBAL REGULATION OF SURFACE COAL MINING AND
RECLAMATION OPERATIONS.

(a) In General.--Section 710 of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1300) is amended by
adding at the end the following:
``(j) Tribal Regulatory Authority.--
``(1) Tribal regulatory programs.--
``(A) In general.--Notwithstanding any other provision of
law, an Indian tribe may apply for, and obtain the approval
of, a tribal program under section 503 regulating in whole or
in part surface coal mining and reclamation operations on
reservation land under the jurisdiction of the Indian tribe
using the procedures of section 504(e).
``(B) References to state.--For purposes of this subsection
and the implementation and administration of a tribal program
under title V, any reference to a `State' in this Act shall
be considered to be a reference to a `tribe'.
``(2) Conflicts of interest.--
``(A) In general.--The fact that an individual is a member
of an Indian tribe does not in itself constitute a violation
of section 201(f).
``(B) Employees of tribal regulatory authority.--Any
employee of a tribal regulatory authority shall not be
eligible for a per capita distribution of any proceeds from
coal mining operations conducted on Indian reservation lands
under this Act.
``(3) Sovereign immunity.--To receive primary regulatory
authority under section 504(e), an Indian tribe shall waive
sovereign immunity for purposes of section 520 and paragraph
(4).
``(4) Judicial review.--
``(A) Civil actions.--
``(i) In general.--After exhausting all tribal remedies
with respect to a civil action arising under a tribal program
approved under section 504(e), an interested party may file a
petition for judicial review of the civil action in the
United States circuit court for the circuit in which the
surface coal mining operation named in the petition is
located.
``(ii) Scope of review.--

``(I) Questions of law.--The United States circuit court
shall review de novo any questions of law under clause (i).
``(II) Findings of fact.--The United States circuit court
shall review findings of fact under clause (i) using a
clearly erroneous standard.

``(B) Criminal actions.--Any criminal action brought under
section 518 with respect to surface coal mining or
reclamation operations on Indian reservation lands shall be
brought in--
``(i) the United States District Court for the District of
Columbia; or
``(ii) the United States district court in which the
criminal activity is alleged to have occurred.
``(5) Grants.--
``(A) In general.--Except as provided in subparagraph (B),
grants for developing, administering, and enforcing tribal
programs approved in accordance with section 504(e) shall be
provided to an Indian tribe in accordance with section 705.
``(B) Exception.--Notwithstanding subparagraph (A), the
Federal share of the costs of developing, administering, and
enforcing an approved tribal program shall be 100 percent.
``(6) Report.--Not later than 18 months after the date on
which a tribal program is approved under subsection (e) of
section 504, the Secretary shall submit to the appropriate
committees of Congress a report, developed in cooperation
with the applicable Indian tribe, on the tribal program that
includes a recommendation of the Secretary on whether primary
regulatory authority under that subsection should be expanded
to include additional Indian lands.''.
(b) Conforming Amendment.--Section 710(i) of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C.
1300(i)) is amended in the first sentence by striking ``,
except'' and all that follows through ``section 503''.

Subtitle B--Coal Industry Retiree Health Benefit Act

SEC. 321. CERTAIN RELATED PERSONS AND SUCCESSORS IN INTEREST
RELIEVED OF LIABILITY IF PREMIUMS PREPAID.

(a) Combined Benefit Fund.--
(1) In general.--Section 9704 (relating to liability of
assigned operators) is amended by adding at the end the
following new subsection:
``(j) Prepayment of Premium Liability.--
``(1) In general.--If--
``(A) a payment meeting the requirements of paragraph (3)
is made to the Combined Fund by or on behalf of--
``(i) any assigned operator to which this subsection
applies, or
``(ii) any related person to any assigned operator
described in clause (i), and
``(B) the common parent of the controlled group of
corporations described in paragraph (2)(B) is jointly and
severally liable for any premium under this section which
(but for this subsection) would be required to be paid by the
assigned operator or related person,
then such common parent (and no other person) shall be liable
for such premium.
``(2) Assigned operators to which subsection applies.--
``(A) In general.--This subsection shall apply to any
assigned operator if--
``(i) the assigned operator (or a related person to the
assigned operator)--

``(I) made contributions to the 1950 UMWA Benefit Plan and
the 1974 UMWA Benefit Plan for employment during the period
covered by the 1988 agreement; and
``(II) is not a 1988 agreement operator,

``(ii) the assigned operator (and all related persons to
the assigned operator) are not actively engaged in the
production of coal as of July 1, 2005, and
``(iii) the assigned operator was, as of July 20, 1992, a
member of a controlled group of corporations described in
subparagraph (B).
``(B) Controlled group of corporations.--A controlled group
of corporations is described in this subparagraph if the
common parent of such group is a corporation the shares of
which are publicly traded on a United States exchange.
``(C) Coordination with repeal of assignments.--A person
shall not fail to be treated as an assigned operator to which
this subsection applies solely because the person ceases to
be an assigned operator by reason of section 9706(h)(1) if
the person otherwise meets the requirements of this
subsection and is liable for the payment of premiums under
section 9706(h)(3).
``(D) Controlled group.--For purposes of this subsection,
the term `controlled group of corporations' has the meaning
given such term by section 52(a).
``(3) Requirements.--A payment meets the requirements of
this paragraph if--
``(A) the amount of the payment is not less than the
present value of the total premium liability under this
chapter with respect to the Combined Fund of the assigned
operators or related persons described in paragraph (1) or
their assignees, as determined by the operator's or related
person's enrolled actuary (as defined in section 7701(a)(35))
using actuarial methods and assumptions each of which is
reasonable and which are reasonable in the aggregate, as
determined by such enrolled actuary;
``(B) such enrolled actuary files with the Secretary of
Labor a signed actuarial report containing--
``(i) the date of the actuarial valuation applicable to the
report; and
``(ii) a statement by the enrolled actuary signing the
report that, to the best of the actuary's knowledge, the
report is complete and accurate and that in the actuary's
opinion the actuarial assumptions used are in the aggregate
reasonably related to the experience of the operator and to
reasonable expectations; and
``(C) 90 calendar days have elapsed after the report
required by subparagraph (B) is filed with the Secretary of
Labor, and the Secretary of Labor has not notified the
assigned operator in writing that the requirements of this
paragraph have not been satisfied.
``(4) Use of prepayment.--The Combined Fund shall--
``(A) establish and maintain an account for each assigned
operator or related person by, or on whose behalf, a payment
described in paragraph (3) was made,
``(B) credit such account with such payment (and any
earnings thereon), and
``(C) use all amounts in such account exclusively to pay
premiums that would (but for this subsection) be required to
be paid by the assigned operator.
Upon termination of the obligations for the premium liability
of any assigned operator or related person for which such
account is maintained, all funds remaining in such account
(and earnings thereon) shall be refunded to such person as
may be designated by the common parent described in paragraph
(1)(B).''.
(b) Individual Employer Plans.--Section 9711(c) (relating
to joint and several liability) is amended to read as
follows:
``(c) Joint and Several Liability of Related Persons.--
``(1) In general.--Except as provided in paragraph (2),
each related person of a last signatory operator to which
subsection (a) or (b) applies shall be jointly and severally
liable with the last signatory operator for the provision of
health care coverage described in subsection (a) or (b).
``(2) Liability limited if security provided.--If--
``(A) security meeting the requirements of paragraph (3) is
provided by or on behalf of--
``(i) any last signatory operator which is an assigned
operator described in section 9704(j)(2), or
``(ii) any related person to any last signatory operator
described in clause (i), and
``(B) the common parent of the controlled group of
corporations described in section 9704(j)(2)(B) is jointly
and severally liable for the provision of health care under
this section which, but for this paragraph, would be required
to be provided by the last signatory operator or related
person,
then, as of the date the security is provided, such common
parent (and no other person) shall be liable for the
provision of health care under this section which the last
signatory operator or related person would otherwise be
required to provide. Security may be provided under this
paragraph without regard to whether a payment was made under
section 9704(j).
``(3) Security.--Security meets the requirements of this
paragraph if--
``(A) the security--
``(i) is in the form of a bond, letter of credit, or cash
escrow,

[[Page S9561]]

``(ii) is provided to the trustees of the 1992 UMWA Benefit
Plan solely for the purpose of paying premiums for
beneficiaries who would be described in section 9712(b)(2)(B)
if the requirements of this section were not met by the last
signatory operator, and
``(iii) is in an amount equal to 1 year of liability of the
last signatory operator under this section, determined by
using the average cost of such operator's liability during
the prior 3 calendar years;
``(B) the security is in addition to any other security
required under any other provision of this title; and
``(C) the security remains in place for 5 years.
``(4) Refunds of security.--The remaining amount of any
security provided under this subsection (and earnings
thereon) shall be refunded to the last signatory operator as
of the earlier of--
``(A) the termination of the obligations of the last
signatory operator under this section, or
``(B) the end of the 5-year period described in paragraph
(4)(C).''.
(c) 1992 UMWA Benefit Plan.--Section 9712(d)(4) (relating
to joint and several liability) is amended by adding at the
end the following new sentence: ``The provisions of section
9711(c)(2) shall apply to any last signatory operator
described in such section (without regard to whether security
is provided under such section, a payment is made under
section 9704(j), or both) and if security meeting the
requirements of section 9711(c)(3) is provided, the common
parent described in section 9711(c)(2)(B) shall be
exclusively responsible for any liability for premiums under
this section which, but for this sentence, would be required
to be paid by the last signatory operator or any related
person.''.
(d) Successor in Interest.--Section 9701(c) (relating to
terms relating to operators) is amended by adding at the end
the following new paragraph:
``(8) Successor in interest.--
``(A) Safe harbor.--The term `successor in interest' shall
not include any person who--
``(i) is an unrelated person to an eligible seller
described in subparagraph (C); and
``(ii) purchases for fair market value assets, or all of
the stock, of a related person to such seller, in a bona
fide, arm's-length sale.
``(B) Unrelated person.--The term `unrelated person' means
a purchaser who does not bear a relationship to the eligible
seller described in section 267(b).
``(C) Eligible seller.--For purposes of this paragraph, the
term `eligible seller' means an assigned operator described
in section 9704(j)(2) or a related person to such assigned
operator.''.
(e) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act,
except that the amendment made by subsection (d) shall apply
to transactions after the date of the enactment of this Act.

SEC. 322. TRANSFERS TO FUNDS; PREMIUM RELIEF.

(a) Combined Fund.--
(1) Federal transfers.--Section 9705(b) (relating to
transfers from Abandoned Mine Reclamation Fund) is amended--
(A) in paragraph (1), by striking ``section 402(h)'' and
inserting ``subsections (h) and (i) of section 402'';
(B) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Use of funds.--Any amount transferred under paragraph
(1) for any fiscal year shall be used to pay benefits and
administrative costs of beneficiaries of the Combined Fund or
for such other purposes as are specifically provided in the
Acts described in paragraph (1).''; and
(C) by striking ``From Abandoned Mine Reclamation Fund''.
(2) Modifications of premiums to reflect federal
transfers.--
(A) Elimination of unassigned beneficiaries premium.--
Section 9704(d) (establishing unassigned beneficiaries
premium) is amended to read as follows:
``(d) Unassigned Beneficiaries Premium.--
``(1) Plan years ending on or before september 30, 2006.--
For plan years ending on or before September 30, 2006, the
unassigned beneficiaries premium for any assigned operator
shall be equal to the applicable percentage of the product of
the per beneficiary premium for the plan year multiplied by
the number of eligible beneficiaries who are not assigned
under section 9706 to any person for such plan year.
``(2) Plan years beginning on or after october 1, 2006.--
``(A) In general.--For plan years beginning on or after
October 1, 2006, subject to subparagraph (B), there shall be
no unassigned beneficiaries premium, and benefit costs with
respect to eligible beneficiaries who are not assigned under
section 9706 to any person for any such plan year shall be
paid from amounts transferred under section 9705(b).
``(B) Inadequate transfers.--If, for any plan year
beginning on or after October 1, 2006, the amounts
transferred under section 9705(b) are less than the amounts
required to be transferred to the Combined Fund under
subsection (h)(2)(A) or (i) of section 402 of the Surface
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232)),
then the unassigned beneficiaries premium for any assigned
operator shall be equal to the operator's applicable
percentage of the amount required to be so transferred which
was not so transferred.''.
(B) Premium accounts.--
(i) Crediting of accounts.--Section 9704(e)(1) (relating to
premium accounts; adjustments) is amended by inserting ``and
amounts transferred under section 9705(b)'' after ``premiums
received''.
(ii) Surpluses attributable to public funding.--Section
9704(e)(3)(A) is amended by adding at the end the following
new sentence: ``Amounts credited to an account from amounts
transferred under section 9705(b) shall not be taken into
account in determining whether there is a surplus in the
account for purposes of this paragraph.''
(C) Applicable percentage.--Section 9704(f)(2) (relating to
annual adjustments) is amended by adding at the end the
following new subparagraph:
``(C) In the case of plan years beginning on or after
October 1, 2007, the total number of assigned eligible
beneficiaries shall be reduced by the eligible beneficiaries
whose assignments have been revoked under section 9706(h).''.
(3) Assignments and reassignment.--Section 9706 (relating
to assignment of eligible beneficiaries) is amended by adding
at the end the following:
``(h) Assignments as of October 1, 2007.--
``(1) In general.--Subject to the premium obligation set
forth in paragraph (3), the Commissioner of Social Security
shall--
``(A) revoke all assignments to persons other than 1988
agreement operators for purposes of assessing premiums for
plan years beginning on and after October 1, 2007; and
``(B) make no further assignments to persons other than
1988 agreement operators, except that no individual who
becomes an unassigned beneficiary by reason of subparagraph
(A) may be assigned to a 1988 agreement operator.
``(2) Reassignment upon purchase.--This subsection shall
not be construed to prohibit the reassignment under
subsection (b)(2) of an eligible beneficiary.
``(3) Liability of persons during three fiscal years
beginning on and after october 1, 2007.--In the case of each
of the fiscal years beginning on October 1, 2007, 2008, and
2009, each person other than a 1988 agreement operator shall
pay to the Combined Fund the following percentage of the
amount of annual premiums that such person would otherwise be
required to pay under section 9704(a), determined on the
basis of assignments in effect without regard to the
revocation of assignments under paragraph (1)(A):
``(A) For the fiscal year beginning on October 1, 2007, 55
percent.
``(B) For the fiscal year beginning on October 1, 2008, 40
percent.
``(C) For the fiscal year beginning on October 1, 2009, 15
percent.''.
(4) Effective date.--The amendments made by this subsection
shall apply to plan years of the Combined Fund beginning
after September 30, 2006.
(b) 1992 UMWA Benefit and Other Plans.--
(1) Transfers to plans.--Section 9712(a) (relating to the
establishment and coverage of the 1992 UMWA Benefit Plan) is
amended by adding at the end the following:
``(3) Transfers under other federal statutes.--
``(A) In general.--The 1992 UMWA Benefit Plan shall include
any amount transferred to the plan under subsections (h) and
(i) of section 402 of the Surface Mining Control and
Reclamation Act of 1977 (30 U.S.C. 1232).
``(B) Use of funds.--Any amount transferred under
subparagraph (A) for any fiscal year shall be used to provide
the health benefits described in subsection (c) with respect
to any beneficiary for whom no monthly per beneficiary
premium is paid pursuant to paragraph (1)(A) or (3) of
subsection (d).
``(4) Special rule for 1993 plan.--
``(A) In general.--The plan described in section
402(h)(2)(C) of the Surface Mining Control and Reclamation
Act of 1977 (30 U.S.C. 1232(h)(2)(C)) shall include any
amount transferred to the plan under subsections (h) and (i)
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232).
``(B) Use of funds.--Any amount transferred under
subparagraph (A) for any fiscal year shall be used to provide
the health benefits described in section 402(h)(2)(C)(i) of
the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1232(h)(2)(C)(i)) to individuals described in section
402(h)(2)(C) of such Act (30 U.S.C. 1232(h)(2)(C)).''.
(2) Premium adjustments.--
(A) In general.--Section 9712(d)(1) (relating to guarantee
of benefits) is amended to read as follows:
``(1) In general.--All 1988 last signatory operators shall
be responsible for financing the benefits described in
subsection (c) by meeting the following requirements in
accordance with the contribution requirements established in
the 1992 UMWA Benefit Plan:
``(A) The payment of a monthly per beneficiary premium by
each 1988 last signatory operator for each eligible
beneficiary of such operator who is described in subsection
(b)(2) and who is receiving benefits under the 1992 UMWA
benefit plan.
``(B) The provision of a security (in the form of a bond,
letter of credit, or cash escrow) in an amount equal to a
portion of the projected future cost to the 1992 UMWA Benefit
Plan of providing health benefits for eligible and
potentially eligible beneficiaries attributable to the 1988
last signatory operator.

[[Page S9562]]

``(C) If the amounts transferred under subsection (a)(3)
are less than the amounts required to be transferred to the
1992 UMWA Benefit Plan under subsections (h) and (i) of
section 402 of the Surface Mining Control and Reclamation Act
of 1977 (30 U.S.C. 1232), the payment of an additional
backstop premium by each 1988 last signatory operator which
is equal to such operator's share of the amounts required to
be so transferred but which were not so transferred,
determined on the basis of the number of eligible and
potentially eligible beneficiaries attributable to the
operator.''.
(B) Conforming amendments.--Section 9712(d) is amended--
(i) in paragraph (2)(B), by striking ``prefunding'' and
inserting ``backstop'', and
(ii) in paragraph (3), by striking ``paragraph (1)(B)'' and
inserting ``paragraph (1) (A)''.
(C) Effective date.--The amendments made by this paragraph
shall apply to fiscal years beginning on or after October 1,
2010.

SEC. 323. OTHER PROVISIONS.

(a) Board of Trustees.--Section 9702(b) (relating to board
of trustees of the Combined Fund) is amended to read as
follows:
``(b) Board of Trustees.--
``(1) In general.--For purposes of subsection (a), the
board of trustees for the Combined Fund shall be appointed as
follows:
``(A) 2 individuals who represent employers in the coal
mining industry shall be designated by the BCOA;
``(B) 2 individuals designated by the United Mine Workers
of America; and
``(C) 3 individuals selected by the individuals appointed
under subparagraphs (A) and (B).
``(2) Successor trustees.--Any successor trustee shall be
appointed in the same manner as the trustee being succeeded.
The plan establishing the Combined Fund shall provide for the
removal of trustees.
``(3) Special rule.--If the BCOA ceases to exist, any
trustee or successor under paragraph (1)(A) shall be
designated by the 3 employers who were members of the BCOA on
the enactment date and who have been assigned the greatest
number of eligible beneficiaries under section 9706.''.
(b) Enforcement of Obligations.--
(1) Failure to pay premiums.--Section 9707(a) is amended to
read as follows:
``(a) Failures to Pay.--
``(1) Premiums for eligible beneficiaries.--There is hereby
imposed a penalty on the failure of any assigned operator to
pay any premium required to be paid under section 9704 with
respect to any eligible beneficiary.
``(2) Contributions required under the mining laws.--There
is hereby imposed a penalty on the failure of any person to
make a contribution required under section 402(h)(5)(B)(ii)
of the Surface Mining Control and Reclamation Act of 1977 to
a plan referred to in section 402(h)(2)(C) of such Act. For
purposes of applying this section, each such required monthly
contribution for the hours worked of any individual shall be
treated as if it were a premium required to be paid under
section 9704 with respect to an eligible beneficiary.''.
(2) Civil enforcement.--Section 9721 is amended to read as
follows:

``SEC. 9721. CIVIL ENFORCEMENT.

``The provisions of section 4301 of the Employee Retirement
Income Security Act of 1974 shall apply, in the same manner
as any claim arising out of an obligation to pay withdrawal
liability under subtitle E of title IV of such Act, to any
claim--
``(1) arising out of an obligation to pay any amount
required to be paid by this chapter; or
``(2) arising out of an obligation to pay any amount
required by section 402(h)(5)(B)(ii) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C.
1232(h)(5)(B)(ii)).''.
______

SA 5004. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill H.R. 4096, to amend the Internal Revenue Code of 1986
to extend to 2006 the alternative minimum tax relief available in 2005
and to index such relief for inflation; which was ordered to lie on the
table; as follows:

Amend the title so as to read: ``To amend the Internal
Revenue Code of 1986 to extend for 2 years certain expiring
provisions, and for other purposes.''.
______

SA 5005. Mr. REID submitted an amendment intended to be proposed by
him to the bill H.R. 4954, to improve maritime and cargo security
through enhanced layered defenses, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DECLASSIFICATION OF CERTAIN TEXT OF REPORT ON
INTELLIGENCE CONCERNING IRAQ WEAPONS OF MASS
DESTRUCTION PROGRAMS.

Any classified text (other than text revealing intelligence
sources and methods) contained on pages 96, 97, and 98 of the
report of the Select Committee on Intelligence of the Senate
entitled ``Report of the Select Committee on Intelligence on
Post-War Findings About Iraq's WMD Programs and Links to
Terrorism and How They Compare with Pre-War Assessments'',
and issued on September 8, 2006, is hereby declassified and,
effective as of the date of the enactment of this Act, may be
released to the public.
______

SA 5006. Mr. STEVENS (for Mr. McCain (for himself and Mr. Kyl))
proposed an amendment to the bill S. 2464, to revise a provision
relating to a repayment obligation of the Fort McDowell Yavapai Nation
under the Fort McDowell Indian Community Water Rights Settlement Act of
1990, and for other purposes; as follows:

On page 3, strike lines 7 through 9 and insert the
following:

achieve the full and final implementation of the Fort
McDowell Water

____________________