Transportation Security Improvement Act of 2005

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1052 Reported in Senate (RS)]

<DOC>
Calendar No. 364
109th CONGRESS
2d Session
S. 1052

[Report No. 109-216]

To improve transportation security, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 17, 2005

Mr. Stevens (for himself, Mr. Inouye, Mr. Rockefeller, Mr. Dorgan, Ms.
Snowe, Mrs. Boxer, Ms. Cantwell, Mr. Lautenberg, Mr. Pryor, Mrs.
Clinton, Mr. Schumer, and Mr. Carper) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation

February 27, 2006

Reported by Mr. Stevens, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

To improve transportation security, and for other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the
``Transportation Security Improvement Act of 2005''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>

<DELETED>Title I--Authorizations

<DELETED>Sec. 101. Transportation Security Administration
authorization.
<DELETED>Sec. 102. Department of Transportation authorization.
<DELETED>Sec. 103. Certain personnel limitations not to apply.
<DELETED>Sec. 104. Intermodal regional security managers.
<DELETED>Sec. 105. Security threat assessment coordination policy.
<DELETED>Sec. 106. Reorganizations.
<DELETED>Title II--Improved Aviation Security

<DELETED>Sec. 201. Post-fiscal year 2006 air carrier security fees.
<DELETED>Sec. 202. Alternative collection methods for passenger
security fee.
<DELETED>Sec. 203. Screener training review.
<DELETED>Sec. 204. Employee retention internship program.
<DELETED>Sec. 205. Repair station security.
<DELETED>Sec. 206. Waiver process for certain employment
disqualifications.
<DELETED>Title III--Improved Rail Security

<DELETED>Sec. 301. Short title.
<DELETED>Sec. 302. Rail transportation security risk assessment.
<DELETED>Sec. 303. Systemwide Amtrak security upgrades.
<DELETED>Sec. 304. Fire and life-safety improvements.
<DELETED>Sec. 305. Freight and passenger rail security upgrades.
<DELETED>Sec. 306. Rail security research and development.
<DELETED>Sec. 307. Oversight and grant procedures.
<DELETED>Sec. 308. Amtrak plan to assist families of passengers
involved in rail passenger accidents.
<DELETED>Sec. 309. Northern Border rail passenger report.
<DELETED>Sec. 310. Rail worker security training program.
<DELETED>Sec. 311. Whistleblower protection program.
<DELETED>Sec. 312. High hazard material security threat mitigation
plans.
<DELETED>Sec. 313. Memorandum of agreement.
<DELETED>Sec. 314. Rail security enhancements.
<DELETED>Sec. 315. Welded rail and tank car safety improvements.
<DELETED>Sec. 316. Report regarding impact on security of train travel
in communities without grade separation.
<DELETED>Sec. 317. Study of foreign rail transport security programs.
<DELETED>Sec. 318. Passenger, baggage, and cargo screening.
<DELETED>Sec. 319. Public awareness.
<DELETED>Sec. 320. Railroad high hazard material tracking.
<DELETED>Title IV--Improved Motor Carrier, Bus, and Hazardous Material
Security

<DELETED>Sec. 401. Background checks for drivers hauling hazardous
materials.
<DELETED>Sec. 402. Written plans for hazardous materials highway
routing.
<DELETED>Sec. 403. Motor carrier high hazard material tracking.
<DELETED>Sec. 404. Truck leasing security training guidelines.
<DELETED>Sec. 405. Hazardous materials security inspections and
enforcement.
<DELETED>Sec. 406. Pipeline security and incident recovery plan.
<DELETED>Sec. 407. Pipeline security inspections and enforcement.
<DELETED>Sec. 408. Memorandum of agreement.
<DELETED>Sec. 409. National public sector response system.
<DELETED>Sec. 410. Over-the-road bus security assistance.
<DELETED>Title V--Improved Maritime Security

<DELETED>Sec. 501. Establishment of additional joint operational
centers for port security.
<DELETED>Sec. 502. AMTS plan to include salvage response plan.
<DELETED>Sec. 503. Priority to certain vessels in post-incident
resumption of trade.
<DELETED>Sec. 504. Assistance for foreign ports.
<DELETED>Sec. 505. Improved data used for targeted cargo searches.
<DELETED>Sec. 506. Increase in number of customs inspectors assigned
overseas.
<DELETED>Sec. 507. Random inspection of containers.
<DELETED>Sec. 508. Cargo security.
<DELETED>Sec. 509. Secure systems of international intermodal
transportation.
<DELETED>Sec. 510. Technology for maritime transportation security.
<DELETED>Sec. 511. Deadline for transportation security cards.
<DELETED>Sec. 512. Evaluation and report.
<DELETED>Sec. 513. Port security grants.
<DELETED>Sec. 514. Work stoppages and employee-employer disputes.
<DELETED>Sec. 515. Appeal of denial of waiver for transportation
security card.

<DELETED>TITLE I--AUTHORIZATIONS</DELETED>

<DELETED>SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION
AUTHORIZATION.</DELETED>

<DELETED>    Section 114 of title 49, United States Code, is amended by
adding at the end thereof the following:</DELETED>
<DELETED>    ``(u) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland Security,
(Transportation Security Administration)--</DELETED>
<DELETED>    ``(1) for Aviation Security--</DELETED>
<DELETED>    ``(A) $5,000,000,000 for fiscal year
2006;</DELETED>
<DELETED>    ``(B) $5,250,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    ``(C) $5,500,000,000 for fiscal year
2008;</DELETED>
<DELETED>    ``(2) for Maritime and Land Security--</DELETED>
<DELETED>    ``(A) $394,000,000 for fiscal year
2006;</DELETED>
<DELETED>    ``(B) $354,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    ``(C) $354,000,000 for fiscal year
2008;</DELETED>
<DELETED>    ``(3) for Intelligence--</DELETED>
<DELETED>    ``(A) $30,000,000 for fiscal year
2006;</DELETED>
<DELETED>    ``(B) $32,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    ``(C) $34,000,000 for fiscal year
2008;</DELETED>
<DELETED>    ``(4) for Research and Development--</DELETED>
<DELETED>    ``(A) $30,000,000 for fiscal year
2006;</DELETED>
<DELETED>    ``(B) $32,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    ``(C) $34,000,000 for fiscal year 2008;
and</DELETED>
<DELETED>    ``(5) for Administration--</DELETED>
<DELETED>    ``(A) $530,000,000 for fiscal year
2006;</DELETED>
<DELETED>    ``(B) $535,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    ``(C) $540,000,000 for fiscal year
2008.''.</DELETED>

<DELETED>SEC. 102. DEPARTMENT OF TRANSPORTATION
AUTHORIZATION.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary
of Transportation to carry out title III of this Act and sections 20118
and 24316 of title 49, United States Code, as added by title III of
this Act--</DELETED>
<DELETED>    (1) $261,000,000 for fiscal year 2006;</DELETED>
<DELETED>    (2) $258,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    (3) $258,000,000 for fiscal year 2008.</DELETED>

<DELETED>SEC. 103. CERTAIN PERSONNEL LIMITATIONS NOT TO
APPLY.</DELETED>

<DELETED>    (a) In General.--Any statutory limitation on the number of
employees in the Transportation Security Administration of the
Department of Transportation, before or after its transfer to the
Department of Homeland Security, does not apply to the extent that any
such employees are responsible for implementing the provisions of this
Act.</DELETED>
<DELETED>    (b) Aviation Security.--Nothwithstanding any provision of
law imposing a limitation on the recruiting or hiring of personnel into
the Transportation Security Administration to a maximum number of
permanent positions, the Secretary of Homeland Security shall recruit
and hire such personnel into the Administration as may be necessary--
</DELETED>
<DELETED>    (1) to provide appropriate levels of aviation
security; and</DELETED>
<DELETED>    (2) to accomplish that goal in such a manner that
the average aviation security-related delay experienced by
airline passengers is reduced.</DELETED>

<DELETED>SEC. 104. INTERMODAL REGIONAL SECURITY MANAGERS.</DELETED>

<DELETED>    (a) Establishment, Designation, and Stationing.--The Under
Secretary of Homeland Security for Border and Transportation Security,
acting through the Transportation Security Administration, is
authorized to establish the position of Intermodal Manager within each
of at least 8 regional areas of the nation, as divided on a
geographical basis. The Under Secretary shall designate individuals as
Managers for, and station those Managers within, those
regions.</DELETED>
<DELETED>    (b) Duties and Powers.--The regional offices shall--
</DELETED>
<DELETED>    (1) receive intelligence information related to
maritime and land security within the region;</DELETED>
<DELETED>    (2) assist in the development and implementation
of vulnerability, threat, and risk assessments, security plans,
the identification of critical infrastructure for the region
undertaken by the Transportation Security Administration and
the Department of Homeland Security, or other public or private
entity when appropriate;</DELETED>
<DELETED>    (3) serve as the regional coordinator of the
Assistant Secretary's response to terrorist incidents and
threats to maritime and land assets, operations and
infrastructure within the region;</DELETED>
<DELETED>    (4) coordinate efforts related to maritime and
land security with other Department officials, State and local
law enforcement, and other public and private
entities;</DELETED>
<DELETED>    (5) coordinate with other regional
managers;</DELETED>
<DELETED>    (6) assist the Assistant Secretary in prioritizing
maritime and land security improvements, grants, and other
efforts funded by the Transportation Security Administration or
the Department of Homeland Security within the region;
and</DELETED>
<DELETED>    (7) engage in outreach and promote public
awareness of maritime and land security efforts when
appropriate.</DELETED>

<DELETED>SEC. 105. SECURITY THREAT ASSESSMENT COORDINATION
POLICY.</DELETED>

<DELETED>    (a) In General.--The Secretary of Homeland Security shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a copy of the report on comprehensive
terrorist-related screening procedures required by Homeland Security
Presidential Directive 11 issued on August 27, 2004.</DELETED>
<DELETED>    (b) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines that such
action is appropriate or necessary.</DELETED>

<DELETED>SEC. 106. REORGANIZATIONS.</DELETED>

<DELETED>    The Secretary of Homeland Security shall notify the Senate
Committee on Commerce, Science, and Transportation, the Senate
Committee on Homeland Security and Governmental Affairs, and the House
of Representatives Committee on Homeland Security in writing not less
than 15 days before--</DELETED>
<DELETED>    (1) reorganizing or renaming offices;</DELETED>
<DELETED>    (2) reorganizing programs or activities;
or</DELETED>
<DELETED>    (3) contracting out or privatizing any functions
or activities presently performed by Federal
employees.</DELETED>

<DELETED>TITLE II--IMPROVED AVIATION SECURITY</DELETED>

<DELETED>SEC. 201. POST-FISCAL YEAR 2006 AIR CARRIER SECURITY
FEES.</DELETED>

<DELETED>    (a) Air Carrier Security Service Fees Subject to
Congressional Review.--Section 44940(a)(2) of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>    ``(D) Fiscal years 2007 and later.--The
Under Secretary may not impose a fee under subparagraph
(A) after September 30, 2006, unless--</DELETED>
<DELETED>    ``(i) the fee is imposed by rule
promulgated by the Under Secretary;
and</DELETED>
<DELETED>    ``(ii) the Under Secretary submits
the rule to the Senate Committee on Commerce,
Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure not less than 60 days before its
proposed effective date.</DELETED>
<DELETED>    ``(E) Application of chapter 8 of title
5.--Chapter 8 of title 5 applies to any rule
promulgated by the Under Secretary imposing a fee under
subparagraph (A) after September 30, 2006.''.</DELETED>
<DELETED>    (b) Report on Transportation Security Service Fees.--Each
year, beginning with calendar year 2006, the Secretary of Homeland
Security, shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on fees, substantially similar to
the fee imposed under section 44940(a)(2) of title 49, United States
Code, that are imposed under authority of law on competing modes of
regularly-scheduled commercial passenger transportation by rail,
vessel, or over-the-road bus to pay for the difference between the
Transportation Security Administration's costs of providing
transportation security services in connection with those modes of
transportation and amounts collected from fees imposed under authority
of law on passengers using those modes of transportation, taking into
account costs that are the same as or similar to the costs described in
44940(a)(1) of that title that are appropriate to the respective modes
of transportation.</DELETED>

<DELETED>SEC. 202. ALTERNATIVE COLLECTION METHODS FOR PASSENGER
SECURITY FEE.</DELETED>

<DELETED>    (a) In General.--</DELETED>
<DELETED>    (1) Study.--The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall study
the feasibility of collecting the passenger security service
fee authorized by section 44940(a) of title 49, United States
Code, directly from passengers at, or before they reach, the
airport through a system developed or approved by the Assistant
Secretary, including the use of vending kiosks, other automated
vending devices, the Internet, or other remote vending
sites.</DELETED>
<DELETED>    (2) Solicitation of proposals.--In carrying out
this subsection the Secretary shall solicit proposals for such
alternative collection mechanisms.</DELETED>
<DELETED>    (3) Development of alternatives.--Based on the
study conducted under paragraph (1) and an evaluation of
proposals submitted pursuant to the solicitation under
paragraph (2), the Assistant Secretary shall develop such
alternative collection systems as the Assistant Secretary
determines to be feasible, including schedules and methods to
ensure the efficiency of such systems.</DELETED>
<DELETED>    (b) Report.--The Secretary shall report the results of the
study, together with any recommendations the Secretary deems
appropriate, to the Congress within 6 months after the date of
enactment of this Act.</DELETED>
<DELETED>    (c) Demonstration Projects.--If the Secretary determines
that a system of direct collection of such fees from passengers at
airports is feasible, the Secretary shall conduct demonstration
projects at no fewer than 3 airports within 1 year after submitting the
report required by subsection (b) to the Congress.</DELETED>

<DELETED>SEC. 203. SCREENER TRAINING REVIEW.</DELETED>

<DELETED>    Within 6 months after the date of enactment of this Act,
the Assistant Secretary of Homeland Security (Transportation Security
Administration), shall transmit a report on the adequacy of training
for Transportation Security Administration screeners to the Congress.
In addition to other issues, the Assistant Secretary shall specifically
address any multi-hour weekly training requirement for such screeners,
including an assessment of the degree to which such a requirement is
observed and whether the requirement is appropriate, workable, and
desirable. The Inspector General of the Department of Homeland Security
shall review the report submitted under this section.</DELETED>

<DELETED>SEC. 204. EMPLOYEE RETENTION INTERNSHIP PROGRAM.</DELETED>

<DELETED>    The Assistant Secretary of Homeland Security
(Transportation Security Administration), shall establish a pilot
program at no fewer than 3 airports for training students to perform
screening of passengers and property under section 44901 of title 49,
United States Code. The program shall be an internship for pre-
employment training of final-year students from public and private
secondary schools located in nearby communities. Under the program,
participants--</DELETED>
<DELETED>    (1) shall be compensated for training and services
time while participating in the program, and</DELETED>
<DELETED>    (2) shall be required to agree, as a condition of
participation in the program, to accept employment as a
screener upon successful completion of the internship and upon
graduation from the secondary school.</DELETED>

<DELETED>SEC. 205. REPAIR STATION SECURITY.</DELETED>

<DELETED>    (a) Certification of Foreign Repair Stations Suspension.--
If the Under Secretary of Homeland Security for Border and
Transportation Security does not issue the regulations required by
section 44924(e) of title 49, United States Code, within 90 days after
the date of enactment of this Act, the Administrator of the Federal
Aviation Administration may not certify any foreign repair station
under part 145 of title 14, Code of Federal Regulations after such 90th
day.</DELETED>
<DELETED>    (b) 6-Month Deadline for Security Review and Audit.--
Subsections (a) and (d) of section 44924 of title 49, United States
Code, are each amended by striking ``18 months'' and inserting ``6
months''.</DELETED>

<DELETED>SEC. 206. WAIVER PROCESS FOR CERTAIN EMPLOYMENT
DISQUALIFICATIONS.</DELETED>

<DELETED>    Section 44936 of title 49, United States Code, is amended
by adding at the end the following:</DELETED>
<DELETED>    ``(f) Waiver Process.--</DELETED>
<DELETED>    ``(1) In general.--The Under Secretary for Border
and Transportation Security of the Department of Homeland
Security shall establish a process to permit an individual who
was convicted of a crime listed in subsection (b) to obtain a
waiver from the Under Secretary to permit that individual's
employment.</DELETED>
<DELETED>    ``(2) Factors.--In deciding whether to grant a
waiver under this subsection, the Under Secretary shall give
consideration to the circumstances of the disqualifying crime,
restitution made by the individual, and other factors that
would tend to indicate that the individual does not pose a
security or terrorism risk.</DELETED>
<DELETED>    ``(3) Appeals process.--The Under Secretary shall
establish a process that includes an opportunity for a hearing
for individuals who are denied waivers under this
subsection.</DELETED>
<DELETED>    ``(4) Restrictions on use and maintenance of
information.--</DELETED>
<DELETED>    ``(A) Information submitted to or obtained
by the Attorney General or the Secretary under this
section about an individual may not be made available
to the public, including the individual's
employer.</DELETED>
<DELETED>    ``(B) Any information submitted to or
obtained under this section shall be maintained
confidentially by the Under Secretary and may be used
only for making determinations under this section. The
Under Secretary may share any such information with
other Federal law enforcement agencies. An individual's
employer may only be informed whether or not the
individual has been granted unescorted access under
this section.</DELETED>
<DELETED>    ``(5) Appeal.--An individual denied a waiver under
this subsection may file a civil action appealing that denial
in any United States District Court and those courts shall have
jurisdiction of the appeal.''.</DELETED>

<DELETED>TITLE III--IMPROVED RAIL SECURITY</DELETED>

<DELETED>SEC. 301. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Rail Security Act of
2005''.</DELETED>

<DELETED>SEC. 302. RAIL TRANSPORTATION SECURITY RISK
ASSESSMENT.</DELETED>

<DELETED>    (a) In General.--</DELETED>
<DELETED>    (1) Vulnerability and risk assessment.--The
Secretary of Homeland Security shall establish a task force,
including the Transportation Security Administration, the
Department of Transportation, and other appropriate agencies,
to complete a vulnerability and risk assessment of freight and
passenger rail transportation (encompassing railroads, as that
term is defined in section 20102(1) of title 49, United States
Code). The assessment shall include--</DELETED>
<DELETED>    (A) identification and evaluation of
critical assets and infrastructures;</DELETED>
<DELETED>    (B) identification of vulnerabilities and
risks to those assets and infrastructures;</DELETED>
<DELETED>    (C) identification of vulnerabilities and
risks that are specific to the transportation of
hazardous materials via railroad; and</DELETED>
<DELETED>    (D) identification of security weaknesses
in passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment.</DELETED>
<DELETED>    (2) Existing private and public sector efforts.--
The assessment shall take into account actions taken or planned
by both public and private entities to address identified
security issues and assess the effective integration of such
actions.</DELETED>
<DELETED>    (3) Recommendations.--Based on the assessment
conducted under paragraph (1), the Secretary, in consultation
with the Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--</DELETED>
<DELETED>    (A) improving the security of rail
tunnels, rail bridges, rail switching and car storage
areas, other rail infrastructure and facilities,
information systems, and other areas identified by the
Secretary as posing significant rail-related risks to
public safety and the movement of interstate commerce,
taking into account the impact that any proposed
security measure might have on the provision of rail
service;</DELETED>
<DELETED>    (B) deploying equipment to detect
explosives and hazardous chemical, biological, and
radioactive substances, and any appropriate
countermeasures;</DELETED>
<DELETED>    (C) training appropriate railroad or
railroad shipper employees in terrorism prevention,
passenger evacuation, and response
activities;</DELETED>
<DELETED>    (D) conducting public outreach campaigns
on passenger railroads;</DELETED>
<DELETED>    (E) deploying surveillance equipment;
and</DELETED>
<DELETED>    (F) identifying the immediate and long-
term costs of measures that may be required to address
those risks.</DELETED>
<DELETED>    (4) Plans.--The report required by subsection (c)
shall include--</DELETED>
<DELETED>    (A) a plan, developed in consultation with
the freight and intercity passenger railroads, and
State and local governments, for the Federal government
to provide increased security support at high or severe
threat levels of alert;</DELETED>
<DELETED>    (B) a plan for coordinating existing and
planned rail security initiatives undertaken by the
public and private sectors; and</DELETED>
<DELETED>    (C) a contingency plan, developed in
conjunction with freight and intercity and commuter
passenger railroads, to ensure the continued movement
of freight and passengers in the event of an attack
affecting the railroad system, which shall
contemplate--</DELETED>
<DELETED>    (i) the possibility of rerouting
traffic due to the loss of critical
infrastructure, such as a bridge, tunnel, yard,
or station; and</DELETED>
<DELETED>    (ii) methods of continuing
railroad service in the Northeast Corridor in
the event of a commercial power loss, or
catastrophe affecting a critical bridge,
tunnel, yard, or station.</DELETED>
<DELETED>    (b) Consultation; Use of Existing Resources.--In carrying
out the assessment and developing the recommendations and plans
required by subsection (a), the Secretary of Homeland Security shall
consult with rail management, rail labor, owners or lessors of rail
cars used to transport hazardous materials, first responders, shippers
of hazardous materials, public safety officials, and other relevant
parties.</DELETED>
<DELETED>    (c) Report.--</DELETED>
<DELETED>    (1) Contents.--Within 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure a report containing the assessment, prioritized
recommendations, and plans required by subsection (a) and an
estimate of the cost to implement such
recommendations.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Annual Updates.--The Secretary, in consultation with
the Secretary of Transportation, shall update the assessment and
recommendations each year and transmit a report, which may be submitted
in both classified and redacted formats, to the Committees named in
subsection (c)(1), containing the updated assessment and
recommendations.</DELETED>
<DELETED>    (e) Funding.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section $5,000,000 for fiscal year 2006.</DELETED>

<DELETED>SEC. 303. SYSTEMWIDE AMTRAK SECURITY UPGRADES.</DELETED>

<DELETED>    (a) In General--Subject to subsection (c) the Secretary of
Homeland Security, in consulation with the Assistant Secretary of
Homeland Security (Transportation Security Administration), is
authorized to make grants to Amtrak--</DELETED>
<DELETED>    (1) to secure major tunnel access points and
ensure tunnel integrity in New York, Baltimore, and Washington,
DC;</DELETED>
<DELETED>    (2) to secure Amtrak trains;</DELETED>
<DELETED>    (3) to secure Amtrak stations;</DELETED>
<DELETED>    (4) to obtain a watch list identification system
approved by the Secretary;</DELETED>
<DELETED>    (5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;</DELETED>
<DELETED>    (6) to hire additional police and security
officers, including canine units; and</DELETED>
<DELETED>    (7) to expand emergency preparedness
efforts.</DELETED>
<DELETED>    (b) Conditions.--The Secretary of Transportation shall
disburse funds to Amtrak provided under subsection (a) for projects
contained in a systemwide security plan approved by the Secretary of
Homeland Security. The plan shall include appropriate measures to
address security awareness, emergency response, and passenger
evacuation training.</DELETED>
<DELETED>    (c) Equitable Geographic Allocation.--The Secretary shall
ensure that, subject to meeting the highest security needs on Amtrak's
entire system, stations and facilities located outside of the Northeast
Corridor receive an equitable share of the security funds authorized by
this section.</DELETED>
<DELETED>    (d) Availability of Funds.--Out of funds appropriated
pursuant to section 114(u)(2) of title 49, United States Code, there
shall be made available to the Secretary of Homeland Security and the
Assistant Secretary of Homeland Security (Transportation Security
Administration) to carry out this section--</DELETED>
<DELETED>    (1) $63,500,000 for fiscal year 2006;</DELETED>
<DELETED>    (2) $30,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    (3) $30,000,000 for fiscal year 2008.</DELETED>
<DELETED>Amounts appropriated pursuant to this subsection shall remain
available until expended.</DELETED>

<DELETED>SEC. 304. FIRE AND LIFE-SAFETY IMPROVEMENTS.</DELETED>

<DELETED>    (a) Life-Safety Needs.--The Secretary of Transportation is
authorized to make grants to Amtrak for the purpose of making fire and
life-safety improvements to Amtrak tunnels on the Northeast Corridor in
New York, NY, Baltimore, MD, and Washington, DC.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 102 of this Act, there shall be made
available to the Secretary of Transportation for the purposes of
carrying out subsection (a) the following amounts:</DELETED>
<DELETED>    (1) For the 6 New York tunnels to provide
ventilation, electrical, and fire safety technology upgrades,
emergency communication and lighting systems, and emergency
access and egress for passengers--</DELETED>
<DELETED>    (A) $190,000,000 for fiscal year
2006;</DELETED>
<DELETED>    (B) $190,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    (C) $190,000,000 for fiscal year
2008.</DELETED>
<DELETED>    (2) For the Baltimore & Potomac tunnel and the
Union tunnel, together, to provide adequate drainage,
ventilation, communication, lighting, and passenger egress
upgrades--</DELETED>
<DELETED>    (A) $19,000,000 for fiscal year
2006;</DELETED>
<DELETED>    (B) $19,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    (C) $19,000,000 for fiscal year
2008.</DELETED>
<DELETED>    (3) For the Washington, DC, Union Station tunnels
to improve ventilation, communication, lighting, and passenger
egress upgrades--</DELETED>
<DELETED>    (A) $13,333,000 for fiscal year
2006;</DELETED>
<DELETED>    (B) $13,333,000 for fiscal year 2007;
and</DELETED>
<DELETED>    (C) $13,333,000 for fiscal year
2008.</DELETED>
<DELETED>    (c) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section 102 of this Act, there shall be made available to
the Secretary of Transportation for fiscal year 2006 $3,000,000 for the
preliminary design of options for a new tunnel on a different alignment
to augment the capacity of the existing Baltimore tunnels.</DELETED>
<DELETED>    (d) Availability of Appropriated Funds.--Amounts made
available pursuant to this section shall remain available until
expended.</DELETED>
<DELETED>    (e) Plans Required.--The Secretary may not make amounts
available to Amtrak for obligation or expenditure under subsection
(a)--</DELETED>
<DELETED>    (1) until Amtrak has submitted to the Secretary,
and the Secretary has approved, an engineering and financial
plan for such projects; and</DELETED>
<DELETED>    (2) unless, for each project funded pursuant to
this section, the Secretary has approved a project management
plan prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.</DELETED>
<DELETED>    (f) Review of Plans.--The Secretary of Transportation
shall complete the review of the plans required by paragraphs (1) and
(2) of subsection (e) and approve or disapprove the plans within 45
days after the date on which each such plan is submitted by Amtrak. If
the Secretary determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the Secretary's
notification, submit a modified plan for the Secretary's review. Within
15 days after receiving additional information on items previously
included in the plan, and within 45 days after receiving items newly
included in a modified plan, the Secretary shall either approve the
modified plan, or, if the Secretary finds the plan is still incomplete
or deficient, the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure the
portions of the plan the Secretary finds incomplete or deficient,
approve all other portions of the plan, obligate the funds associated
with those other portions, and execute an agreement with Amtrak within
15 days thereafter on a process for resolving the remaining portions of
the plan.</DELETED>
<DELETED>    (g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely completion
of all portions of the tunnel projects described in subsection (a)--
</DELETED>
<DELETED>    (1) consider the extent to which rail carriers
other than Amtrak use or plan to use the tunnels;</DELETED>
<DELETED>    (2) consider the feasibility of seeking a
financial contribution from those other rail carriers toward
the costs of the projects; and</DELETED>
<DELETED>    (3) obtain financial contributions or commitments
from such other rail carriers at levels reflecting the extent
of their use or planned use of the tunnels, if
feasible.</DELETED>

<DELETED>SEC. 305. FREIGHT AND PASSENGER RAIL SECURITY
UPGRADES.</DELETED>

<DELETED>    (a) Security Improvement Grants.--The Secretary of
Homeland Security, through the Assistant Secretary of Homeland Security
(Transportation Security Administration) and other appropriate
agencies, is authorized to make grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars used in the
transportation of hazardous materials, universities, colleges and
research centers, State and local governments (for rail passenger
facilities and infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities to prevent
or respond to acts of terrorism, sabotage, or other intercity passenger
rail and freight rail security vulnerabilities and risks identified
under section 302, including--</DELETED>
<DELETED>    (1) security and redundancy for critical
communications, computer, and train control systems essential
for secure rail operations;</DELETED>
<DELETED>    (2) accommodation of cargo or passenger screening
equipment at the United States-Mexico border or the United
States-Canada border;</DELETED>
<DELETED>    (3) the security of hazardous material
transportation by rail;</DELETED>
<DELETED>    (4) secure intercity passenger rail stations,
trains, and infrastructure;</DELETED>
<DELETED>    (5) structural modification or replacement of rail
cars transporting high hazard materials to improve their
resistance to acts of terrorism;</DELETED>
<DELETED>    (6) employee security awareness, preparedness,
passenger evacuation, and emergency response
training;</DELETED>
<DELETED>    (7) public security awareness campaigns for
passenger train operations;</DELETED>
<DELETED>    (8) the sharing of intelligence and information
about security threats;</DELETED>
<DELETED>    (9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;</DELETED>
<DELETED>    (10) to hire additional police and security
officers, including canine units; and</DELETED>
<DELETED>    (11) other improvements recommended by the report
required by section 302, including infrastructure, facilities,
and equipment upgrades.</DELETED>
<DELETED>    (b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under this
section are expended in accordance with the purposes of this Act and
the priorities and other criteria developed by the Secretary.</DELETED>
<DELETED>    (c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section 302, and shall encourage non-Federal financial
participation in awarding grants. With respect to grants for passenger
rail security, the Secretary shall also take into account passenger
volume and whether a station is used by commuter rail passengers as
well as intercity rail passengers.</DELETED>
<DELETED>    (d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak meets the
conditions set forth in section 303(b) of this Act.</DELETED>
<DELETED>    (e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section 302 the Secretary of
Homeland Security determines that critical rail transportation security
needs require reimbursement in greater amounts to any eligible entity,
no grants under this section may be made--</DELETED>
<DELETED>    (1) in excess of $65,000,000 to Amtrak;
or</DELETED>
<DELETED>    (2) in excess of $100,000,000 for the purposes
described in paragraphs (3) and (5) of subsection
(a).</DELETED>
<DELETED>    (f) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u)(2) of title 49, United States
Code, there shall be made available to the Secretary of Homeland
Security to carry out this section--</DELETED>
<DELETED>    (1) $120,000,000 for fiscal year 2006;</DELETED>
<DELETED>    (2) $120,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    (3) $120,000,000 for fiscal year 2008.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall
remain available until expended.</DELETED>
<DELETED>    (g) High Hazard Materials Defined.--In this section, the
term ``high hazard materials'' means quantities of poison inhalation
hazard materials, Class 2.3 gases, Class 6.1 materials, and anhydrous
ammonia that the Secretary, in consultation with the Secretary of
Transportation, determines pose a security risk.</DELETED>

<DELETED>SEC. 306. RAIL SECURITY RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    (a) Establishment of Research and Development Program.--
The Secretary of Transportation, in conjunction with the Under
Secretary of Homeland Security for Science and Technology and the
Assistant Secretary of Homeland Security (Transportation Security
Administration), shall carry out a research and development program for
the purpose of improving freight and intercity passenger rail security
that may include research and development projects to--</DELETED>
<DELETED>    (1) reduce the vulnerability of passenger trains,
stations, and equipment to explosives and hazardous chemical,
biological, and radioactive substances;</DELETED>
<DELETED>    (2) test new emergency response techniques and
technologies;</DELETED>
<DELETED>    (3) develop improved freight technologies,
including--</DELETED>
<DELETED>    (A) technologies for sealing rail
cars;</DELETED>
<DELETED>    (B) automatic inspection of rail
cars;</DELETED>
<DELETED>    (C) communication-based train controls;
and</DELETED>
<DELETED>    (D) emergency response training;</DELETED>
<DELETED>    (4) test wayside detectors that can detect
tampering with railroad equipment;</DELETED>
<DELETED>    (5) support enhanced security for the
transportation of hazardous materials by rail, including--
</DELETED>
<DELETED>    (A) technologies to detect a breach in a
tank car or other rail car used to transport hazardous
materials and transmit information about the integrity
of cars to the train crew or dispatcher;</DELETED>
<DELETED>    (B) research to improve tank car
integrity, with a focus on tank cars that carry high
hazard materials (as defined in section 305(g) of this
Act; and</DELETED>
<DELETED>    (C) techniques to transfer hazardous
materials from rail cars that are damaged or otherwise
represent an unreasonable risk to human life or public
safety; and</DELETED>
<DELETED>    (6) other projects that address vulnerabilities
and risks identified under section 302.</DELETED>
<DELETED>    (b) Coordination With Other Research Initiatives.--The
Secretary of Transportation shall ensure that the research and
development program authorized by this section is coordinated with
other research and development initiatives at the Department of
Transportation and the Department of Homeland Security. The Secretary
shall carry out any research and development project authorized by this
section through a reimbursable agreement with the Under Secretary of
Homeland Security for Science and Technology, if the Under Secretary--
</DELETED>
<DELETED>    (1) is already sponsoring a research and
development project in a similar area; or</DELETED>
<DELETED>    (2) has a unique facility or capability that would
be useful in carrying out the project.</DELETED>
<DELETED>    (c) Grants and Accountability.--To carry out the research
and development program, the Secretary may award grants to the entities
described in section 305(a) and shall adopt necessary procedures,
including audits, to ensure that grants made under this section are
expended in accordance with the purposes of this Act and the priorities
and other criteria developed by the Secretary.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 102 of this Act, there shall be made
available to the Secretary of Transportation to carry out this
section--</DELETED>
<DELETED>    (1) $35,000,000 for fiscal year 2006;</DELETED>
<DELETED>    (2) $35,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    (3) $35,000,000 for fiscal year 2008.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall
remain available until expended.</DELETED>

<DELETED>SEC. 307. OVERSIGHT AND GRANT PROCEDURES.</DELETED>

<DELETED>    (a) Secretarial Oversight.--The Secretary of Homeland
Security, in consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration), may use up to 0.5
percent of amounts made available for capital projects under the Rail
Security Act of 2005 to enter into contracts for the review of proposed
capital projects and related program management plans and to oversee
construction of such projects.</DELETED>
<DELETED>    (b) Use of Funds.--The Secretary may use amounts available
under subsection (a) of this subsection to make contracts for safety,
procurement, management, and financial compliance reviews and audits of
a recipient of amounts under this Act.</DELETED>
<DELETED>    (c) Procedures for Grant Award.--The Secretary shall
prescribe procedures and schedules for the awarding of grants under
this Act, including application and qualification procedures (including
a requirement that the applicant have a security plan), and a record of
decision on applicant eligibility. The procedures shall include the
execution of a grant agreement between the grant recipient and the
Secretary and shall be consistent, to the extent practicable, with the
grant procedures established under section 70107 of title 46, United
States Code. The Secretary shall issue a final rule establishing the
procedures not later than 90 days after the date of enactment of this
Act.</DELETED>

<DELETED>SEC. 308. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.</DELETED>

<DELETED>    (a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 24316. Plans to address needs of families of passengers
involved in rail passenger accidents</DELETED>
<DELETED>    ``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Rail Security Act of 2005, Amtrak
shall submit to the Chairman of the National Transportation Safety
Board and the Secretary of Transportation a plan for addressing the
needs of the families of passengers involved in any rail passenger
accident involving an Amtrak intercity train and resulting in a loss of
life.</DELETED>
<DELETED>    ``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:</DELETED>
<DELETED>    ``(1) A process by which Amtrak will maintain and
provide to the National Transportation Safety Board and the
Secretary of Transportation, immediately upon request, a list
(which is based on the best available information at the time
of the request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.</DELETED>
<DELETED>    ``(2) A plan for creating and publicizing a
reliable, toll-free telephone number within 4 hours after such
an accident occurs, and for providing staff, to handle calls
from the families of the passengers.</DELETED>
<DELETED>    ``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.</DELETED>
<DELETED>    ``(4) A process for providing the notice described
in paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).</DELETED>
<DELETED>    ``(5) A process by which the family of each
passenger will be consulted about the disposition of all
remains and personal effects of the passenger within Amtrak's
control; that any possession of the passenger within Amtrak's
control will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a passenger
within Amtrak's control will be retained by the rail passenger
carrier for at least 18 months.</DELETED>
<DELETED>    ``(6) A process by which the treatment of the
families of nonrevenue passengers will be the same as the
treatment of the families of revenue passengers.</DELETED>
<DELETED>    ``(7) An assurance that Amtrak will provide
adequate training to its employees and agents to meet the needs
of survivors and family members following an
accident.</DELETED>
<DELETED>    ``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may not
release to any person information on a list obtained under subsection
(b)(1) but may provide information on the list about a passenger to the
family of the passenger to the extent that the Board or Amtrak
considers appropriate.</DELETED>
<DELETED>    ``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court arising
out of the performance of Amtrak in preparing or providing a passenger
list, or in providing information concerning a train reservation,
pursuant to a plan submitted by Amtrak under subsection (b), unless
such liability was caused by Amtrak's conduct.</DELETED>
<DELETED>    ``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that Amtrak may
take, or the obligations that Amtrak may have, in providing assistance
to the families of passengers involved in a rail passenger
accident.</DELETED>
<DELETED>    ``(f) Funding.--Out of funds appropriated pursuant to
section 102 of the Rail Security Act of 2005, there shall be made
available to the Secretary of Transportation for the use of Amtrak
$500,000 for fiscal year 2006 to carry out this section. Amounts made
available pursuant to this subsection shall remain available until
expended.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for
chapter 243 of title 49, United States Code, is amended by adding at
the end the following:</DELETED>

<DELETED>``24316.  Plan to assist families of passengers involved in
rail passenger accidents.''.

<DELETED>SEC. 309. NORTHERN BORDER RAIL PASSENGER REPORT.</DELETED>

<DELETED>    Within 180 days after the date of enactment of this Act,
the Secretary of Transportation, in consultation with the Secretary of
Homeland Security, the Assistant Secretary of Homeland Security
(Transportation Security Administration), heads of other appropriate
Federal departments, and agencies and the National Railroad Passenger
Corporation, shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure that contains--
</DELETED>
<DELETED>    (1) a description of the current system for
screening passengers and baggage on passenger rail service
between the United States and Canada;</DELETED>
<DELETED>    (2) an assessment of the current program to
provide preclearance of airline passengers between the United
States and Canada as outlined in ``The Agreement on Air
Transport Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;</DELETED>
<DELETED>    (3) an assessment of the current program to
provide preclearance of freight railroad traffic between the
United States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;</DELETED>
<DELETED>    (4) information on progress by the Department of
Homeland Security and other Federal agencies towards finalizing
a bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;</DELETED>
<DELETED>    (5) a description of legislative, regulatory,
budgetary, or policy barriers within the United States
Government to providing pre-screened passenger lists for rail
passengers traveling between the United States and Canada to
the Department of Homeland Security;</DELETED>
<DELETED>    (6) a description of the position of the
Government of Canada and relevant Canadian agencies with
respect to preclearance of such passengers;</DELETED>
<DELETED>    (7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and</DELETED>
<DELETED>    (8) an analysis of the feasibility of reinstating
United States Customs and Border Patrol rolling inspections
onboard international Amtrak trains.</DELETED>

<DELETED>SEC. 310. RAIL WORKER SECURITY TRAINING PROGRAM.</DELETED>

<DELETED>    (a) In General.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security and the
Secretary of Transportation, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of
railroad carriers, and nonprofit employee organizations that represent
rail workers, shall develop and issue detailed guidance for a rail
worker security training program to prepare front-line workers for
potential threat conditions.</DELETED>
<DELETED>    (b) Program Elements.--The guidance developed under
subsection (a) shall require such a program to include, at a minimum,
elements as appropriate to passenger and freight rail service, that
address the following:</DELETED>
<DELETED>    (1) Determination of the seriousness of any
occurrence.</DELETED>
<DELETED>    (2) Crew communication and coordination.</DELETED>
<DELETED>    (3) Appropriate responses to defend
oneself.</DELETED>
<DELETED>    (4) Use of protective devices.</DELETED>
<DELETED>    (5) Evacuation procedures.</DELETED>
<DELETED>    (6) Psychology of terrorists to cope with hijacker
behavior and passenger responses.</DELETED>
<DELETED>    (7) Live situational training exercises regarding
various threat conditions, including tunnel evacuation
procedures.</DELETED>
<DELETED>    (8) Any other subject the Secretary considers
appropriate.</DELETED>
<DELETED>    (c) Railroad Carrier Programs.--Not later than 60 days
after the Secretary issues guidance under subsection (a) in final form,
each railroad carrier shall develop a rail worker security training
program in accordance with that guidance and submit it to the Secretary
for approval. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall review the
program and approve it or require the railroad carrier to make any
revisions the Secretary considers necessary for the program to meet the
guidance requirements.</DELETED>
<DELETED>    (d) Training.--Not later than 180 days after the Secretary
approves the training program developed by a railroad carrier under
this section, the railroad carrier shall complete the training of all
front-line workers in accordance with that program.</DELETED>
<DELETED>    (e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) from time to time to reflect new
or different security threats, and require railroad carriers to revise
their programs accordingly and provide additional training to their
front-line workers.</DELETED>
<DELETED>    (f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers, train
operators, other onboard employees, maintenance and support personnel,
bridge tenders, and other appropriate employees of railroad
carriers.</DELETED>
<DELETED>    (g) Other Employees.--The Secretary of Homeland Security
shall issue guidance and best practices for a rail shipper employee
security program containing the elements listed under subsection (b) as
appropriate.</DELETED>

<DELETED>SEC. 311. WHISTLEBLOWER PROTECTION PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section 20117 the
following:</DELETED>
<DELETED>``Sec. 20118. Whistleblower protection for rail security
matters</DELETED>
<DELETED>    ``(a) Discrimination Against Employee.--No rail carrier
engaged in interstate or foreign commerce may discharge a railroad
employee or otherwise discriminate against a railroad employee because
the employee (or any person acting pursuant to a request of the
employee)--</DELETED>
<DELETED>    ``(1) provided, caused to be provided, or is about
to provide or cause to be provided, to the employer or the
Federal Government information relating to a perceived threat
to security; or</DELETED>
<DELETED>    ``(2) provided, caused to be provided, or is about
to provide or cause to be provided, testimony before Congress
or at any Federal or State proceeding regarding a perceived
threat to security; or</DELETED>
<DELETED>    ``(3) refused to violate or assist in the
violation of any law, rule or regulation related to rail
security.</DELETED>
<DELETED>    ``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under section 3 of
the Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than 180 days
after it is filed. If the violation is a form of discrimination that
does not involve discharge, suspension, or another action affecting
pay, and no other remedy is available under this subsection, the Board,
division, delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more than
$20,000.</DELETED>
<DELETED>    ``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section 42121(b)(2)(B) of
this title, including the burdens of proof, applies to any complaint
brought under this section.</DELETED>
<DELETED>    ``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and another
provision of law for the same allegedly unlawful act of the
carrier.</DELETED>
<DELETED>    ``(e) Disclosure of Identity.--</DELETED>
<DELETED>    ``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.</DELETED>
<DELETED>    ``(2) The Secretary shall disclose to the Attorney
General the name of an employee described in paragraph (1) of
this subsection if the matter is referred to the Attorney
General for enforcement.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for
chapter 201 of title 49, United States Code, is amended by inserting
after the item relating to section 20117 the following:</DELETED>

<DELETED>``20118. Whistleblower protection for rail security
matters.''.

<DELETED>SEC. 312. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.</DELETED>

<DELETED>    (a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration) and the Secretary of
Transportation, shall require rail carriers transporting a high hazard
material, as defined in section 305(g) of this Act and of a quantity
equal or exceeding the quantities of such material listed in subpart
172.800, title 49, Federal Code of Regulations, to develop a high
hazard material security threat mitigation plans containing appropriate
measures, including alternative routing and temporary shipment
suspension options, to address assessed risks to high consequence
targets.</DELETED>
<DELETED>    (b) Implementation.--A high hazard material security
threat mitigation plan shall be put into effect by a rail carrier for
the shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe and specific intelligence of probable or
imminent threat exists towards--</DELETED>
<DELETED>    (1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or</DELETED>
<DELETED>    (2) rail infrastructure or operations within the
immediate vicinity of a high-consequence target.</DELETED>
<DELETED>    (c) Completion and Review of Plans.--</DELETED>
<DELETED>    (1) Plans required.--Each rail carrier shall--
</DELETED>
<DELETED>    (A) submit a list of routes used to
transport high hazard materials to the Secretary of
Homeland Security within 60 days after the date of
enactment of this Act; and</DELETED>
<DELETED>    (B) develop and submit a high hazard
material security threat mitigation plan to the
Secretary within 180 days after it receives the notice
of high consequence targets on such routes by the
Secretary.</DELETED>
<DELETED>    (2) Review and updates.--The Secretary, with
assistance of the Secretary of Transportation, shall review and
approve the plans. Each rail carrier shall update and resubmit
its plan for review not less than every 2 years.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
<DELETED>    (1) The term ``high-consequence target'' means a
building, buildings, infrastructure, public space, or natural
resource designated by the Secretary of Homeland Security that
is viable terrorist target of national significance, the attack
of which could result in--</DELETED>
<DELETED>    (A) catastrophic loss of life;
and</DELETED>
<DELETED>    (B) significantly damaged national
security and defense capabilities; or</DELETED>
<DELETED>    (C) national economic harm.</DELETED>
<DELETED>    (2) The term ``catastrophic impact zone'' means
the area immediately adjacent to, under, or above an active
railroad right-of-way used to ship high hazard materials in
which the potential release or explosion of the high hazard
material being transported would likely cause--</DELETED>
<DELETED>    (A) loss of life; or</DELETED>
<DELETED>    (B) significant damage to property or
structures.</DELETED>
<DELETED>    (3) The term ``rail carrier'' has the meaning
given that term by section 10102(5) of title 49, United States
Code.</DELETED>

<DELETED>SEC. 313. MEMORANDUM OF AGREEMENT.</DELETED>

<DELETED>    (a) Memorandum of Agreement.--Within 1 year after the date
of enactment of this Act, the Secretary of Transportation and the
Secretary of Homeland Security shall execute and develop an annex to
the memorandum of agreement between the two departments signed on
September 28, 2004, governing the specific roles, delineations of
responsibilities, resources and commitments of the Department of
Transportation and the Department of Homeland Security, respectively,
in addressing railroad transportation security matters, including the
processes the departments will follow to promote communications,
efficiency, and nonduplication of effort.</DELETED>
<DELETED>    (b) Rail Safety Regulations.--Section 20103(a) of title
49, United States Code, is amended by striking ``safety'' the first
place it appears, and inserting ``safety, including
security,''.</DELETED>

<DELETED>SEC. 314. RAIL SECURITY ENHANCEMENTS.</DELETED>

<DELETED>    (a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended--</DELETED>
<DELETED>    (1) by inserting ``(a) In General.--'' before
``Under'';</DELETED>
<DELETED>    (2) by striking ``the rail carrier'' each place it
appears and inserting ``any rail carrier''; and</DELETED>
<DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Limitation.--Except to the extent necessary to carry
out subsection (a), a rail police officer employed by a Class I or
Class II railroad as identified by the Surface Transportation Board has
no authority to enforce any rule, policy, or practice of, or labor
agreement by, a rail carrier relating to personnel management or labor
relations other than those involving safety or security. Nothing in
this subsection shall preclude a rail police officer from performing
any activities not covered by subsection (a) that may be performed by
any other employee of a railroad, provided that the rail police officer
does not use his or her position as a rail police officer in performing
such activities.''.</DELETED>
<DELETED>    (b) Review of Rail Regulations.--Within 1 year after the
date of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security and the Assistant
Secretary of Homeland Security (Transportation Security
Administration), shall review existing rail regulations of the
Department of Transportation for the purpose of identifying areas in
which those regulations need to be revised to improve rail
security.</DELETED>

<DELETED>SEC. 315. WELDED RAIL AND TANK CAR SAFETY
IMPROVEMENTS.</DELETED>

<DELETED>    (a) Track Standards.--</DELETED>
<DELETED>    (1) In general.--Within 90 days after the date of
enactment of this Act, the Federal Railroad Administration
shall--</DELETED>
<DELETED>    (A) require each track owner using
continuous welded rail track to include procedures (in
its procedures filed with the Administration pursuant
to section 213.119 of title 49, Code of Federal
Regulations) to improve the identification of cracks in
rail joint bars;</DELETED>
<DELETED>    (B) instruct Administration track
inspectors to obtain copies of the most recent
continuous welded rail programs of each railroad within
the inspectors' areas of responsibility and require
that inspectors use those programs when conducting
track inspections; and</DELETED>
<DELETED>    (C) establish a program to review
continuous welded rail joint bar inspection data from
railroads and Administration track inspectors
periodically.</DELETED>
<DELETED>    (2) Inspection.--Whenever the Administration
determines that it is necessary or appropriate the
Administration may require railroads to increase the frequency
of inspection, or improve the methods of inspection, of joint
bars in continuous welded rail.</DELETED>
<DELETED>    (b) Tank Car Standards.--The Federal Railroad
Administration shall--</DELETED>
<DELETED>    (1) validate a predictive model to quantify the
relevant dynamic forces acting on railroad tank cars under
accident conditions within 1 year after the date of enactment
of this Act; and</DELETED>
<DELETED>    (2) initiate a rulemaking to develop and implement
appropriate design standards for pressurized tank cars within
18 months after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Older Tank Car Impact Resistance Analysis and
Report.--Within 1 year after the date of enactment of this Act the
Federal Railroad Administration shall conduct a comprehensive analysis
to determine the impact resistance of the steels in the shells of
pressure tank cars constructed before 1989. Within 6 months after
completing that analysis the Administration shall--</DELETED>
<DELETED>    (1) establish a program to rank those cars
according to their risk of catastrophic fracture and
separation;</DELETED>
<DELETED>    (2) implement measures to eliminate or mitigate
this risk; and</DELETED>
<DELETED>    (3) transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
setting forth the measures implemented.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized
to be appropriated to the Federal Railroad Administration $1,000,000
for fiscal year 2006 to carry out this section, such sums to remain
available until expended.</DELETED>

<DELETED>SEC. 316. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL
IN COMMUNITIES WITHOUT GRADE SEPARATION.</DELETED>

<DELETED>    (a) Study.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, the Assistant
Secretary of Homeland Security (Transportation Security
Administration), and State and local government officials, shall
conduct a study on the impact of blocked highway-railroad grade
crossings on the ability of emergency responders, including ambulances
and police, fire, and other emergency vehicles, to perform public
safety and security duties in the event of a terrorist
attack.</DELETED>
<DELETED>    (b) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit a report to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the findings of the study conducted
under subsection (a) and recommendations for reducing the impact of
blocked crossings on emergency response capabilities.</DELETED>

<DELETED>SEC. 317. STUDY OF FOREIGN RAIL TRANSPORT SECURITY
PROGRAMS.</DELETED>

<DELETED>    (a) Requirement for Study.--Within one year after the date
of enactment of the Rail Security Act of 2005, the Comptroller General
shall complete a study of the rail passenger transportation security
programs that are carried out for rail transportation systems in Japan,
member nations of the European Union, and other foreign
countries.</DELETED>
<DELETED>    (b) Purpose.--The purpose of the study shall be to
identify effective rail transportation security measures that are in
use in foreign rail transportation systems, including innovative
measures and screening procedures determined effective.</DELETED>
<DELETED>    (c) Report.--The Comptroller General shall submit a report
on the results of the study to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure. The report shall include the
Comptroller General's assessment regarding whether it is feasible to
implement within the United States any of the same or similar security
measures that are determined effective under the study.</DELETED>

<DELETED>SEC. 318. PASSENGER, BAGGAGE, AND CARGO SCREENING.</DELETED>

<DELETED>    (a) Requirement for Study and Report.--The Secretary of
Homeland Security, in cooperation with the Secretary of Transportation
through the Assistant Secretary of Homeland Security (Transportation
Security Administration) and other appropriate agencies, shall--
</DELETED>
<DELETED>    (1) study the cost and feasibility of requiring
security screening for passengers, baggage, and cargo on
passenger trains including an analysis of any passenger train
screening pilot programs undertaken by the Department of
Homeland Security; and</DELETED>
<DELETED>    (2) report the results of the study, together with
any recommendations that the Secretary of Homeland Security may
have for implementing a rail security screening program to the
Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure within 1 year after the date of enactment of
this Act.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u)(2) of title 49, United States
Code, there shall be made available to the Secretary of Homeland
Security to carry out this section $1,000,000 for fiscal year
2006.</DELETED>

<DELETED>SEC. 319. PUBLIC AWARENESS.</DELETED>

<DELETED>    Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with the
Secretary of Transportation, shall develop a national plan for public
outreach and awareness. Such plan shall be designed to increase
awareness of measures that the general public, railroad passengers, and
railroad employees can take to increase railroad system security. Such
plan shall also provide outreach to railroad carriers and their
employees to improve their awareness of available technologies, ongoing
research and development efforts, and available Federal funding sources
to improve railroad security. Not later than 9 months after the date of
enactment of this Act, the Secretary of Transportation shall implement
the plan developed under this section.</DELETED>

<DELETED>SEC. 320. RAILROAD HIGH HAZARD MATERIAL TRACKING.</DELETED>

<DELETED>    (a) Wireless Communications.--</DELETED>
<DELETED>    (1) In general.--Within 6 months after the date of
enactment of this Act, the Secretary of Transportation shall
develop a program that will encourage the equipping of rail
cars transporting high hazard materials (as defined in section
305(g) of this Act) in quantities equal to or greater than the
quantities specified in subpart 171.800 of title 49, Code of
Federal Regulations, with wireless terrestrial or satellite
communications technology that provides--</DELETED>
<DELETED>    (A) car position location and tracking
capabilities;</DELETED>
<DELETED>    (B) notification of rail car
depressurization, breach, or unsafe temperature;
and</DELETED>
<DELETED>    (C) notification of hazardous material
release.</DELETED>
<DELETED>    (2) Coordination.--In developing the program
required by paragraph (1), the Secretary shall--</DELETED>
<DELETED>    (A) consult with the Secretary of Homeland
Security and the Assistant Secretary of Homeland
Security (Transportation Security Administration) to
coordinate the program with any ongoing or planned
efforts for rail car tracking at the Department of
Homeland Security; and</DELETED>
<DELETED>    (B) ensure that the program is consistent
with recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.</DELETED>
<DELETED>    (b) Funding.--Out of funds appropriated pursuant to
section 102 of this Act, there shall be made available to the Secretary
of Homeland Security through the Assistant Secretary of Homeland
Security (Transportation Security Administration) to carry out this
section $3,000,000 for each of fiscal years 2006, 2007, and
2008.</DELETED>

<DELETED>TITLE IV--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL
SECURITY</DELETED>

<DELETED>SEC. 401. BACKGROUND CHECKS FOR DRIVERS HAULING HAZARDOUS
MATERIALS.</DELETED>

<DELETED>    (a) Foreign Drivers.--</DELETED>
<DELETED>    (1) In general.--No commercial motor vehicle
operator registered to operate in Mexico or Canada may operate
a commercial motor vehicle transporting a hazardous material in
commerce in the United States until the operator has undergone
a background records check similar to the background records
check required for commercial motor vehicle operators licensed
in the United States to transport hazardous materials in
commerce.</DELETED>
<DELETED>    (2) Definitions.--In this subsection:</DELETED>
<DELETED>    (A) Hazardous materials.--The term
``hazardous material'' has the meaning given that term
in section 5102(2) of title 49, United States
Code.</DELETED>
<DELETED>    (B) Commercial motor vehicle.--The term
``commercial motor vehicle'' has the meaning given that
term by section 31101 of title 49, United States
Code.</DELETED>
<DELETED>    (b) Other Drivers.--</DELETED>
<DELETED>    (1) Employer notification.--Within 90 days after
the date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration),
shall develop and implement a process for the notification of a
hazmat employer (as defined in section 5102(4) of title 49,
United States Code), if appropriate considering the potential
security implications, designated by an applicant seeking a
threat assessment under part 1572 of title 49, Code of Federal
Regulations, if the Transportation Security Administration, in
an initial notification of threat assessment or a final
notification of threat assessment, served on the applicant
determines that the applicant does not meet the standards set
forth in section 1572.5(d) of title 49, Code of Federal
Regulations.</DELETED>
<DELETED>    (2) Relationship to other background records
checks.--</DELETED>
<DELETED>    (A) Elimination of redundant checks.--An
individual with respect to whom the Transportation
Security Administration--</DELETED>
<DELETED>    (i) has performed a security
threat assessment under part 1572 of title 49,
Code of Federal Regulations, and</DELETED>
<DELETED>    (ii) has issued a notification of
no security threat under section 1572.5(g) of
that title,</DELETED>
<DELETED>is deemed to have met the requirements of any
other background check that is equivalent to, or less
stringent than, the background check performed under
section 5103a of title 49, United States Code, that is
required for purposes of any Federal law applicable to
transportation workers.</DELETED>
<DELETED>    (B) Determination by assistant
secretary.--Within 30 days after the date of enactment
of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall
initiate a rulemaking proceeding, including notice and
opportunity for comment, that sets forth the background
checks and other similar security or threat assessment
requirements applicable to transportation workers under
Federal law to which subparagraph (A)
applies.</DELETED>
<DELETED>    (C) Future rulemakings.--The Assistant
Secretary shall make a determination under the criteria
established under subparagraph (B) with respect to any
rulemaking proceeding to establish or modify required
background checks for transportation workers initiated
after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Appeals Process for More Stringent State Procedures.--
If a State establishes standards for applicants for a hazardous
materials endorsement to a commercial driver's license that, as
determined by the Secretary of Homeland Security, are more stringent
than the standards set forth in section 1572.5(d) of title 49, Code of
Federal Regulations, then the State shall also provide an appeals
process similar to the process provided under section 1572.141 of title
49, Code of Federal Regulations, by which an applicant denied a
hazardous materials endorsement to a commercial driver's license by
that State may appeal that denial in a manner substantially similar to,
and to the same extent as, an individual who received an initial
notification of threat assessment under part 1572 of that
title.</DELETED>
<DELETED>    (d) Clarification of Term Defined in Regulations.--The
term ``severe transportation security incident'', as defined in section
1572.3 of title 49, Code of Federal Regulations, does not include a
work stoppage or other nonviolent employee-related action resulting
from an employer-employee dispute. Within 30 days after the date of
enactment of this Act, the Secretary of Homeland Security shall modify
the definition of that term to reflect the preceding
sentence.</DELETED>
<DELETED>    (e) Background Check Capacity.--The Assistant Secretary of
Homeland Security (Transportation Security Administration) shall
transmit a report by October 1, 2005, to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Homeland Security on the implementation of fingerprint-
based security threat assessments and the adequacy of fingerprinting
locations, personnel, and resources to accomplish the timely processing
of fingerprint-based security threat assessments for individuals
holding commercial driver's licenses who are applying to renew
hazardous materials endorsements.</DELETED>

<DELETED>SEC. 402. WRITTEN PLANS FOR HAZARDOUS MATERIALS HIGHWAY
ROUTING.</DELETED>

<DELETED>    Within 180 days after the date of enactment of this Act,
the Secretary of Transportation shall require 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 a written 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.</DELETED>

<DELETED>SEC. 403. MOTOR CARRIER HIGH HAZARD MATERIAL
TRACKING.</DELETED>

<DELETED>    (a) Wireless Communications.--Within 2 years after the
date of enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration), in consultation with
the Secretary of Transportation, shall require, consistent with the
recommendations and finding contained in the report on the Hazardous
Material Safety and Security Operation Field Test released by the
Federal Motor Carrier Safety Administration on November 11, 2004,
commercial motor vehicles transporting high hazard materials (as
defined in section 305(g) of this Act) in quantities equal to or
greater than the quantities specified in subpart 171.800 of title 49,
Code of Federal Regulations, to be equipped with wireless terrestrial
or satellite communications technology that provides--</DELETED>
<DELETED>    (1) continuous communications;</DELETED>
<DELETED>    (2) vehicle position location and tracking
capabilities; and</DELETED>
<DELETED>    (3) a feature that allows a driver of such
vehicles to broadcast an emergency message.</DELETED>
<DELETED>    (b) Exemptions.--The Assistant Secretary may grant a 2-
year waiver of this requirement for a motor carrier for the commercial
motor vehicles it operates if--</DELETED>
<DELETED>    (1) adequate technology is not readily
available;</DELETED>
<DELETED>    (2) available technology is not sufficiently
reliable; or</DELETED>
<DELETED>    (3) the size of a motor carrier or the infrequency
with which it transports high hazard material shipments makes
the requirement overly burdensome.</DELETED>
<DELETED>    (c) Assistance Program.--The Assistant Secretary may
develop an assistance program to provide technical guidance and grants
to motor carriers who receive waivers under subsection (b)(3) to
expedite compliance with subsection (a) of this section.</DELETED>

<DELETED>SEC. 404. TRUCK LEASING SECURITY TRAINING
GUIDELINES.</DELETED>

<DELETED>    (a) In General.--Within 180 days after the date of
enactment of this Act the Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Federal Motor Carrier Safety Administration, shall develop and make
available in written or electronic form security training guidelines
for short-term truck leasing operations.</DELETED>
<DELETED>    (b) Contents.--The truck leasing security training
guidelines shall--</DELETED>
<DELETED>    (1) include information for short-term truck
leasing companies on the appropriate contents of employee
security training efforts designed to enable employees to
recognize terrorist threats and criminal activity;
and</DELETED>
<DELETED>    (2) contain a list of best practices developed by
the Assistant Secretary.</DELETED>
<DELETED>    (c) Outreach.--The Assistant Secretary, through each
Federal maritime and land regional security manager, shall hold public
information and outreach sessions to present the truck leasing security
training guidelines to short-term truck leasing companies.</DELETED>
<DELETED>    (d) Funding.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Assistant Secretary of Homeland Security
(Transportation Security Administration), to carry out this section
$1,000,000 for fiscal year 2006.</DELETED>

<DELETED>SEC. 405. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND
ENFORCEMENT.</DELETED>

<DELETED>    (a) In General.--The Assistant Secretary of Homeland
Security (Transportation Security Administration) 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.</DELETED>
<DELETED>    (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 Assistant Secretary of such
failure to comply, is punishable by a civil penalty imposed by the
Assistant 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 pipeline operator received notice of
the failure shall constitute a separate failure.</DELETED>
<DELETED>    (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 Assistant Secretary shall utilize risk assessment
methodologies to prioritize vulnerabilities and to target review and
enforcement actions to the most vulnerable and critical hazardous
materials transportation operations.</DELETED>
<DELETED>    (d) Funding.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Assistant Secretary of Homeland Security
(Transportation Security Administration), to carry out this section--
</DELETED>
<DELETED>    (1) $2,000,000 for fiscal year 2006;</DELETED>
<DELETED>    (2) $2,000,000 for fiscal year 2007; and</DELETED>
<DELETED>    (3) $2,000,000 for fiscal year 2008.</DELETED>

<DELETED>SEC. 406. PIPELINE SECURITY AND INCIDENT RECOVERY
PLAN.</DELETED>

<DELETED>    (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 408, shall
develop a Pipeline Security and Incident Recovery Protocols Plan. The
plan shall include--</DELETED>
<DELETED>    (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 407--</DELETED>
<DELETED>    (A) at high or severe security threat
levels of alert; and</DELETED>
<DELETED>    (B) when specific security threat
information relating to such pipeline infrastructure or
operations exists; and</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (b) Existing Private and Public Sector Efforts.--The plan
shall take into account actions taken or planned by both public and
private entities to address identified pipeline security issues and
assess the effective integration of such actions.</DELETED>
<DELETED>    (c) Consultation.--In developing the plan under subsection
(a), the Secretary shall consult with 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.</DELETED>
<DELETED>    (d) Report.--</DELETED>
<DELETED>    (1) Contents.--Not later than 180 days after the
date of enactment of this Act, the Secretary 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 cost to implement any
recommendations.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Funding.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section $1,000,000 for fiscal year 2006.</DELETED>

<DELETED>SEC. 407. PIPELINE SECURITY INSPECTIONS AND
ENFORCEMENT.</DELETED>

<DELETED>    (a) In General.--Within 180 days after the date of
enactment of this Act the Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Secretary of Transportation, shall establish a program within the
Transportation Security Administration 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, as determined by the
Assistant Secretary.</DELETED>
<DELETED>    (b) Review and Inspection.--Within 9 months after the date
of enactment of this Act the Assistant Secretary shall complete a
review of the pipeline security plan and an inspection of the critical
facilities of the 100 most critical pipeline operators, as determined
by the Assistant Secretary, covered by the September, 5, 2002,
circular.</DELETED>
<DELETED>    (c) Compliance Review Methodology.--In reviewing pipeline
operator compliance under subsections (a) and (b), the Assistant
Secretary shall utilize risk assessment methodologies to prioritize
vulnerabilities and to target inspection and enforcement actions to the
most vulnerable and critical pipeline assets.</DELETED>
<DELETED>    (d) Regulations.--Within 1 year after the date of
enactment of this Act, the Assistant Secretary shall issue security
regulations for natural gas and hazardous liquid pipelines and pipeline
facilities. The 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. The Assistant Secretary shall publish a
schedule of those civil penalties.</DELETED>
<DELETED>    (e) Funding.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Assistant Secretary of Homeland Security
(Transportation Security Administration), to carry out this section--
</DELETED>
<DELETED>    (1) $2,000,000 for fiscal year 2006;</DELETED>
<DELETED>    (2) $2,000,000 for fiscal year 2007; and</DELETED>
<DELETED>    (3) $2,000,000 for fiscal year 2008.</DELETED>

<DELETED>SEC. 408. MEMORANDUM OF AGREEMENT.</DELETED>

<DELETED>    Within 1 year after the date of enactment of this Act, the
Secretary of Transportation and the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall execute and
develop an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, governing the specific roles,
delineations of responsibilities, resources and commitments of the
Department of Transportation and the Department of Homeland Security,
respectively, in addressing pipeline security and hazardous material
transportation security matters, including the processes the
departments will follow to promote communications, efficiency, and
nonduplication of effort.</DELETED>

<DELETED>SEC. 409. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.</DELETED>

<DELETED>    (a) Development.--The Secretary of Homeland Security, in
conjunction with the Secretary of Transportation, shall develop a
national public sector response system to receive security alerts,
emergency messages, and other information generated by various wireless
terrestrial or satellite communications technologies 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 developing 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, Operation Respond, and commercial motor
vehicle and hazardous material safety groups. The development of the
national public sector response system shall be based upon the public
sector response center developed for the hazardous material safety and
security operational field test undertaken by the Federal Motor Carrier
Safety Administration.</DELETED>
<DELETED>    (b) Capability.--The national public sector response
system shall be able to receive, as appropriate--</DELETED>
<DELETED>    (1) negative driver verification alerts;</DELETED>
<DELETED>    (2) out-of-route alerts;</DELETED>
<DELETED>    (3) driver panic or emergency alerts;
and</DELETED>
<DELETED>    (4) tampering or release alerts.</DELETED>
<DELETED>    (c) Characteristics.--The national public sector response
system shall--</DELETED>
<DELETED>    (1) be an exception-based system;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (3) provide users the ability to create rules for
alert notification messages.</DELETED>
<DELETED>    (d) Carrier Participation.--Within 180 days after the
national public sector response system is operational, as determined by
the Secretary, each motor carrier and railroad transporting high hazard
materials, or entities acting on their behalf who receive such wireless
communication alerts from motor carriers or railroads, shall provide
the information listed in subsection (b) to the national public sector
response system and vehicle or rail car location information to extent
possible with the wireless communication technology used by the motor
carrier or railroad.</DELETED>
<DELETED>    (e) Call-In Number.--The national public sector response
system shall be designed to include an automated call-in system that
allows commercial motor vehicle drivers, railroad employees, and
hazardous material employees involved in the transportation of high
hazard materials to report accidents, threats, thefts, or other safety
and security risks or incidents to the national public sector response
system using cellular or other telephone technology.</DELETED>
<DELETED>    (f) Data Privacy.--The national public sector response
system shall be designed to ensure appropriate protection of data and
information relating to motor carriers and drivers.</DELETED>
<DELETED>    (g) 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 and the House of
Representatives Committee on Transportation and Infrastructure a report
on the estimated total cost to establish and annually operate the
national public sector response system under subsection (a), together
with any recommendations for generating private sector participation
and investment in the development and operation of the national public
sector response system.</DELETED>
<DELETED>    (h) Funding.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section--</DELETED>
<DELETED>    (1) $1,000,000 for fiscal year 2006;</DELETED>
<DELETED>    (2) $1,000,000 for fiscal year 2007; and</DELETED>
<DELETED>    (3) $1,000,000 for fiscal year 2008.</DELETED>

<DELETED>SEC. 410. OVER-THE-ROAD BUS SECURITY ASSISTANCE.</DELETED>

<DELETED>    (a) In General.--The Assistant Secretary of Homeland
Security (Transportation Security Administration), shall establish a
program for making grants to private operators of over-the-road buses
for system-wide security improvements to their operations, including--
</DELETED>
<DELETED>    (1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their
security;</DELETED>
<DELETED>    (2) protecting or isolating the driver;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (4) training employees in recognizing and
responding to security threats, evacuation procedures,
passenger screening procedures, and baggage
inspection;</DELETED>
<DELETED>    (5) hiring and training security
officers;</DELETED>
<DELETED>    (6) installing cameras and video surveillance
equipment on over-the-road buses and at terminals, garages, and
over-the-road bus facilities;</DELETED>
<DELETED>    (7) creating a program for employee identification
or background investigation;</DELETED>
<DELETED>    (8) establishing and upgrading an emergency
communications system linking operational headquarters, over-
the-road buses, law enforcement, and emergency personnel;
and</DELETED>
<DELETED>    (9) implementing and operating passenger screening
programs at terminals and on over-the-road buses.</DELETED>
<DELETED>    (b) Reimbursement.--A grant under this section may be used
to provide reimbursement to private operators of over-the-road buses
for extraordinary security-related costs for improvements described in
paragraphs (1) through (9) of subsection (a), determined by the
Assistant Secretary to have been incurred by such operators since
September 11, 2001.</DELETED>
<DELETED>    (c) Federal Share.--The Federal share of the cost for
which any grant is made under this section shall be 90
percent.</DELETED>
<DELETED>    (d) Due Consideration.--In making grants under this
section, the Assistant 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.</DELETED>
<DELETED>    (e) 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).</DELETED>
<DELETED>    (f) Plan Requirement.--</DELETED>
<DELETED>    (1) In general.--The Assistant 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
Assistant Secretary--</DELETED>
<DELETED>    (A) a plan for making security
improvements described in subsection (a) and the
Assistant Secretary has approved the plan;
and</DELETED>
<DELETED>    (B) such additional information as the
Assistant Secretary may require to ensure
accountability for the obligation and expenditure of
amounts made available to the operator under the
grant.</DELETED>
<DELETED>    (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 Assistant Secretary that
the applicant has coordinated the security improvements for the
terminal with that entity.</DELETED>
<DELETED>    (g) 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.</DELETED>
<DELETED>    (h) Bus Security Assessment.--</DELETED>
<DELETED>    (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration),
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Transportation
and Infrastructure of the House of Representatives, a
preliminary report in accordance with the requirements of this
section.</DELETED>
<DELETED>    (2) Contents of preliminary report.--The
preliminary report shall include--</DELETED>
<DELETED>    (A) an assessment of the over-the-road bus
security grant program;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (C) an assessment of whether additional
legislation is needed to provide for the security of
Americans traveling on over-the-road buses;</DELETED>
<DELETED>    (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;</DELETED>
<DELETED>    (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</DELETED>
<DELETED>    (F) an assessment of industry best
practices to enhance security.</DELETED>
<DELETED>    (3) Consultation with industry, labor, and other
groups.--In carrying out this section, the Assistant Secretary
shall consult with over-the-road bus management and labor
representatives, public safety and law enforcement officials,
and the National Academy of Sciences.</DELETED>
<DELETED>    (i) Funding.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Assistant Secretary of Homeland Security
(Transportation Security Administration), to carry out this section--
</DELETED>
<DELETED>    (1) $50,000,000 for fiscal year 2006;</DELETED>
<DELETED>    (2) $50,000,000 for fiscal year 2007;
and</DELETED>
<DELETED>    (3) $50,000,000 for fiscal year 2008.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall
remain available until expended.</DELETED>

<DELETED>TITLE V--IMPROVED MARITIME SECURITY</DELETED>

<DELETED>SEC. 501. ESTABLISHMENT OF ADDITIONAL JOINT OPERATIONAL
CENTERS FOR PORT SECURITY.</DELETED>

<DELETED>    (a) In General.--In order to improve interagency
cooperation, unity of command, and the sharing of intelligence
information in a common mission to provide greater protection for port
and intermodal transportation systems against acts of terrorism, the
Secretary of Homeland Security, acting through the Commandant of the
Coast Guard, shall establish joint operational centers for port
security at all Tier 1 ports to the extent practicable within 2 years
ater the date of enactment of this Act.</DELETED>
<DELETED>    (b) Characteristics.--The joint operational centers
shall--</DELETED>
<DELETED>    (1) be based on the most appropriate compositional
and operational characteristics of the pilot project joint
operational centers for port security in Miami, Florida,
Norfolk/Hampton Roads, Virginia, Charleston, South Carolina,
and San Diego, California;</DELETED>
<DELETED>    (2) be adapted to meet the security needs,
requirements, and resources of the individual port area at
which each is operating;</DELETED>
<DELETED>    (3) provide for participation by the United States
Customs and Border Protection Agency, the Transportation
Security Administration, the Department of Defense, and other
Federal agencies, as determined to be appropriate by the
Secretary of Homeland Security, and State and local law
enforcement or port security agencies and personnel;
and</DELETED>
<DELETED>    (4) be incorporated in the implementation of--
</DELETED>
<DELETED>    (A) maritime transportation security plans
developed under section 70103 of title 46, United
States Code;</DELETED>
<DELETED>    (B) maritime intelligence activities under
section 70113 of that title;</DELETED>
<DELETED>    (C) short and long range vessel tracking
under sections 70114 and 70115 of that title;</DELETED>
<DELETED>    (D) secure transportation systems under
section 70116 of that title;</DELETED>
<DELETED>    (E) the Bureau of Customs and Border
Protection's screening and high-risk cargo inspection
programs; and</DELETED>
<DELETED>    (F) the transportation security incident
response plans required by section 70104 of that
title.</DELETED>
<DELETED>    (c) 2005 Act Report Requirement.--Nothing in this section
relieves the Commandant of the Coast Guard from compliance with the
requirements of section 807 of the Coast Guard and Maritime
Transportation Act of 2004. The Commandant shall utilize the
information developed in making the report required by that section in
carrying out the requirements of this section.</DELETED>
<DELETED>    (d) Budget and Cost-Sharing Analysis.--Within 180 days
after the date of enactment of this Act, the Secretary shall transmit
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure a proposed budget analysis for implementing subsection
(a), including cost-sharing arrangements with other Federal departments
and agencies involved in the joint operation of the centers.</DELETED>

<DELETED>SEC. 502. AMTS PLAN TO INCLUDE SALVAGE RESPONSE
PLAN.</DELETED>

<DELETED>    Section 70103(b)(2) of title 46, United States Code, is
amended--</DELETED>
<DELETED>    (1) by striking ``and'' after the semicolon in
subparagraph (E);</DELETED>
<DELETED>    (2) by redesignating subparagraph (F) as
subparagraph (G); and</DELETED>
<DELETED>    (3) by inserting after subparagraph (E) the
following:</DELETED>
<DELETED>    ``(F) include a salvage response plan--
</DELETED>
<DELETED>    ``(i) to identify salvage
equipment capable of restoring operational
trade capacity; and</DELETED>
<DELETED>    ``(ii) to ensure that the flow of
cargo through United States ports is re-
established as efficiently and quickly as
possible after a transportation security
incident.''.</DELETED>

<DELETED>SEC. 503. PRIORITY TO CERTAIN VESSELS IN POST-INCIDENT
RESUMPTION OF TRADE.</DELETED>

<DELETED>    Section 70103(a)(2)(J) of title 46, United States Code, is
amended by inserting after ``incident.'' the following: ``The plan
shall provide, to the extent practicable, preference in the
reestablishment of the flow of cargo through United States ports after
a transportation security incident to--</DELETED>
<DELETED>    ``(i) vessels that have a vessel security
plan approved under subsection (c); and</DELETED>
<DELETED>    ``(ii) vessels manned by individuals who
are described in section 70105(b)(2)(B) and who have
undergone a background records check under section
70105(d) or who hold transportation security cards
issued under section 70105.''.</DELETED>

<DELETED>SEC. 504. ASSISTANCE FOR FOREIGN PORTS.</DELETED>

<DELETED>    (a) In General.--Section 70109 of title 46, United States
Code, is amended--</DELETED>
<DELETED>    (1) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Foreign Assistance Programs.--</DELETED>
<DELETED>    ``(1) In general.--The Administrator of the
Maritime Administration, in coordination with the Secretary of
State and the Secretary of Energy, shall identify foreign
assistance programs that could facilitate implementation of
port security antiterrorism measures in foreign countries. The
Administrator and the Secretary shall establish a program to
utilize those programs that are capable of implementing port
security antiterrorism measures at ports in foreign countries
that the Secretary finds, under section 70108, to lack
effective antiterrorism measures.</DELETED>
<DELETED>    ``(2) Caribbean basin.--The Administrator, in
coordination with the Secretary of State and in consultation
with the Organization of American States, shall place
particular emphasis on utilizing programs to facilitate the
implementation of port security antiterrorism measures at the
ports located in the Caribbean Basin, as such ports pose unique
security and safety threats to the United States due to--
</DELETED>
<DELETED>    ``(A) the strategic location of such ports
between South America and United States;</DELETED>
<DELETED>    ``(B) the relative openness of such ports;
and</DELETED>
<DELETED>    ``(C) the significant number of shipments
of narcotics to the United States that are moved
through such ports.''.</DELETED>
<DELETED>    (b) Report on Security at Ports in the Caribbean Basin.--
Not later than 60 days after the date of enactment of this Act, the
Secretary of Homeland Security shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and Committee on
Transportation and Infrastructure of the House of Representatives a
report on the security of ports in the Caribbean Basin. The report
shall include the following:</DELETED>
<DELETED>    (1) An assessment of the effectiveness of the
measures employed to improve security at ports in the Caribbean
Basin and recommendations for any additional measures to
improve such security.</DELETED>
<DELETED>    (2) An estimate of the number of ports in the
Caribbean Basin that will not be secured by January 1, 2006,
and an estimate of the financial impact in the United States of
any action taken pursuant to section 70110 of title 46, United
States Code, that affects trade between such ports and the
United States.</DELETED>
<DELETED>    (3) An assessment of the additional resources and
program changes that are necessary to maximize security at
ports in the Caribbean Basin.</DELETED>

<DELETED>SEC. 505. IMPROVED DATA USED FOR TARGETED CARGO
SEARCHES.</DELETED>

<DELETED>    (a) In General.--In order to provide the best possible
data for the automated target system that identifies high-risk cargo
for inspection, the Secretary of Homeland Security shall require
importers shipping goods to the United State via cargo container to
supply entry data under the advance notification requirements under
section 4.7 of the Customs Regulations (19 C.F.R. 4.7).</DELETED>
<DELETED>    (b) Deadline.--The requirement imposed under subsection
(a) shall apply to goods entered after December 31, 2006.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security $5,000,000 for
each of fiscal years 2006, 2007, and 2008 to carry out the automated
targeting system program to identify high-risk oceanborne container
cargo for inspection. The amounts authorized by this subsection shall
be in addition to any other amounts authorized to be appropriated to
carry out that program.</DELETED>
<DELETED>    (d) Evaluation by Comptroller General.--</DELETED>
<DELETED>    (1) In general.--The Comptroller General shall
evaluate action taken by the Department of Homeland Security to
address the deficiencies in its automated targeting system
strategy identified in the Government Accountability Office's
report entitled ``Homeland Security Challenges Remain in the
Targeting of Oceangoing Cargo Containers for Inspection'' (GAO-
04-352NI). In making the evaluation, the Comptroller General
shall assess whether all key elements of a risk management
framework and recognized modeling practices have been
incorporated in the Department's strategy, including--
</DELETED>
<DELETED>    (A) threat, criticality, vulnerability,
and risk assessments;</DELETED>
<DELETED>    (B) external peer review of the automated
targeting system;</DELETED>
<DELETED>    (C) a mandatory random sampling
program;</DELETED>
<DELETED>    (D) simulated events to test the targeting
strategy; and</DELETED>
<DELETED>    (E) effectiveness reviews of risk
mitigation actions.</DELETED>
<DELETED>    (2) Report.--The Comptroller General shall
transmit a report to the Senate Committee on Commerce, Science,
and Transportation and the House of Representatives Committee
on Transportation and Infrastructure within 1 year after the
date of enactment of this Act containing the results of the
evaluation, together with any recommendations the Comptroller
General deems appropriate.</DELETED>

<DELETED>SEC. 506. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED
OVERSEAS.</DELETED>

<DELETED>    (a) In General.--The Secretary of Homeland Security shall
substantially increase the number of United States Customs Service
inspectors assigned to duty outside the United States under the
Container Security Initiative of the United States Customs Service with
responsibility for inspecting intermodal shipping containers being
shipped to the United States.</DELETED>
<DELETED>    (b) Staffing Criteria.--In carrying out subsection (a) the
Secretary of Homeland Security shall determine the appropriate level
for assignment and density of customs inspectors at selected
international port facilities by a threat, vulnerability, and risk
analysis which, at a minimum, considers--</DELETED>
<DELETED>    (1) the volume of containers shipped;</DELETED>
<DELETED>    (2) the ability of the host government to assist
in both manning and providing equipment and
resources;</DELETED>
<DELETED>    (3) terrorist intelligence known of importer
vendors, suppliers or manufactures; and</DELETED>
<DELETED>    (4) other criteria as determined in consult with
experts in the shipping industry, terrorism, and shipping
container security.</DELETED>
<DELETED>    (c) Minimum Number.--The total number of customs
inspectors assigned to international port facilities shall not be less
than the number determined as a result of the threat, vulnerability,
and risk assessment analysis which is validated by the Administrator of
the Transportation Security Administration within 180 days after the
date of enactment of this Act.</DELETED>
<DELETED>    (d) Plan.--The Secretary shall submit a plan to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure, with
timelines, for phasing inspectors into selected port facilities within
180 days after the enactment of this Act.</DELETED>

<DELETED>SEC. 507. RANDOM INSPECTION OF CONTAINERS.</DELETED>

<DELETED>    (a) In General.--The Under Secretary of Homeland Security
for Border and Transportation Security shall develop and implement a
plan for random inspection of shipping containers in addition to any
targeted or pre-shipment inspection of such containers required by law
or regulation or conducted under any other program conducted by the
Under Secretary.</DELETED>
<DELETED>    (b) Civil Penalty for Erroneous Manifest.--</DELETED>
<DELETED>    (1) In general.--Except as provided in paragraph
(2), if the Under Secretary determines on the basis of an
inspection conducted under subsection (a) that there is a
discrepancy between the contents of a shipping container and
the manifest for that container, the Under Secretary may impose
a civil penalty.</DELETED>
<DELETED>    (2) Manifest discrepancy reporting.--The Under
Secretary may not impose a civil penalty under paragraph (1) if
a manifest discrepancy report is filed with respect to the
discrepancy within the time limits established by Customs
Directive No. 3240-067A (or any subsequently issued directive
governing the matters therein) for filing a manifest
discrepancy report.</DELETED>

<DELETED>SEC. 508. CARGO SECURITY.</DELETED>

<DELETED>    (a) In General.--Chapter 701 of title 46, United States
Code, is amended--</DELETED>
<DELETED>    (1) by redesignating the second section 70118
(relating to firearms, arrests, and seizure of property), as
added by section 801(a) of the Coast Guard and Maritime
Transportation Act of 2004, as section 70119;</DELETED>
<DELETED>    (2) by redesignating the first section 70119
(relating to enforcement by State and local officers), as added
by section 801(a) of the Coast Guard and Maritime
Transportation Act of 2004, as section 70120;</DELETED>
<DELETED>    (3) by redesignating the second section 70119
(relating to civil penalty), as redesignated by section
802(a)(1) of the Coast Guard and Maritime Transportation Act of
2004, as section 70122; and</DELETED>
<DELETED>    (4) by inserting after section 70120 the
following:</DELETED>
<DELETED>``Sec. 70121. Container security initiative</DELETED>
<DELETED>    ``(a) In General.--Pursuant to the standards established
under subsection (b)(1) of section 70116--</DELETED>
<DELETED>    ``(1) the Secretary of Homeland Security shall
promulgate standards and procedures for--</DELETED>
<DELETED>    ``(A) the inspection of cargo in a foreign
port intended for shipment to the United States by
physical examination or nonintrusive examination by
technological means; and</DELETED>
<DELETED>    ``(B) evaluating and screening cargo prior
to loading in a foreign port for shipment to the United
States, either directly or via a foreign port;
and</DELETED>
<DELETED>    ``(2) the Commissioner of Customs and Border
Protection shall--</DELETED>
<DELETED>    ``(A) execute inspection and screening
protocols with authorities in foreign ports to ensure
that the standards and procedures promulgated under
paragraph (1) are implemented in an effective manner;
and</DELETED>
<DELETED>    ``(B) in consultation with the
Transportation Security Oversight Board, develop and
maintain an antiterrorism cargo identification,
tracking, and screening system for containerized cargo
shipped to and from the United States, either directly
or via a foreign port.</DELETED>
<DELETED>    ``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland Security
such sums as may be necessary to carry out this section.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
<DELETED>    (1) The chapter analysis for chapter 701 of title
46, United States Code, is amended by striking the items
following the item relating to section 70116 and inserting the
following:</DELETED>

<DELETED>``70117. In rem liability for civil penalties and
certain costs
<DELETED>``70118. Withholding of clearance
<DELETED>``70119. Firearms, arrests, and seizure of property
<DELETED>``70120. Enforcement by State and local officers
<DELETED>``70121. Container security initiative
<DELETED>``70122. Civil penalty''.
<DELETED>    (2) Section 70117(a) of title 46, United States
Code, as redesignated by subsection (a)(3) of this section, is
amended by striking ``section 70120'' and inserting ``section
70122''.</DELETED>
<DELETED>    (3) Section 70118(a) of such title is amended by
striking ``under section 70120,'' and inserting ``under that
section,''.</DELETED>
<DELETED>    (4) Section 111 of the Maritime Transportation
Security Act of 2002 is repealed.</DELETED>

<DELETED>SEC. 509. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL
TRANSPORTATION.</DELETED>

<DELETED>    (a) In General.--Section 70116(a) of title 46, United
States Code, is amended--</DELETED>
<DELETED>    (1) by striking ``transportation.'' and inserting
``transportation--</DELETED>
<DELETED>    ``(1) to ensure the security and integrity of
shipments of goods to the United States from the point at which
such goods are initially packed or loaded for international
shipment until they reach their ultimate destination;
and</DELETED>
<DELETED>    ``(2) to facilitate the movement of such goods
through the entire supply chain through an expedited security
and clearance program.''.</DELETED>
<DELETED>    (b) Program Enhancements.--Section 70116(b) of title 46,
United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(b) Program Elements.--In establishing and conducting
the program under subsection (a) the Assistant Secretary shall--
</DELETED>
<DELETED>    ``(1) establish standards and procedures for
verifying, at the point at which goods are placed in a cargo
container for shipping, that the container is free of
unauthorized hazardous chemical, biological, or nuclear
material and for securely sealing such containers after the
contents are so verified;</DELETED>
<DELETED>    ``(2) establish standards and procedures for
securing cargo and monitoring that security while in transit
from the point at which it is loaded to the point at which it
is finally unloaded;</DELETED>
<DELETED>    ``(3) develop performance standards to enhance the
physical security of shipping containers, including performance
standards for seals and locks as part of the container security
initiative;</DELETED>
<DELETED>  ``(4) establish standards and procedures for
allowing the United States Government to ensure and validate
compliance with this program; and</DELETED>
<DELETED>  ``(5) incorporate any other measures the Assistant
Secretary considers necessary to ensure the security and
integrity of international intermodal transport
movements.''.</DELETED>
<DELETED>    (c) Port Security User Fee Study.--The Secretary of
Homeland Security shall conduct a study of the feasibility and
desirability of establishing a system of oceanborne and port-related
intermodal transportation user fees that could be imposed and collected
as a dedicated revenue source, on a temporary or continuing basis, to
provide necessary funding for the improvement and maintenance of
enhanced port security. The Assistant Secretary shall submit a report
containing the Assistant Secretary's findings, conclusions, and
recommendations (including legislative recommendations if appropriate)
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure within 1 year after date of enactment of this
Act.</DELETED>

<DELETED>SEC. 510. TECHNOLOGY FOR MARITIME TRANSPORTATION
SECURITY.</DELETED>

<DELETED>    (a) Minimum Technology Implementation Authorization.--
Section 70107(i)(2)(B) of title 46, United States Code, is amended by
inserting ``not less than'' after ``Secretary''.</DELETED>
<DELETED>    (b) Set-Asides for Research and Development.--
Notwithstanding any provision of law to the contrary, in the
administration of the Department of Homeland Security, the Secretary of
Homeland Security shall ensure that, for each fiscal year beginning
after the date of enactment of this Act, not less than--</DELETED>
<DELETED>    (1) 8 percent of the amounts appropriated to the
Transportation Security Administration and the Directorate of
Science and Technology for research and development for the
fiscal year are obligated or expended for maritime security
related projects or programs; and</DELETED>
<DELETED>    (2) 2 percent of such amounts are obligated or
expended for rail security related projects or
programs.</DELETED>
<DELETED>    (c) Strategic Plan.--</DELETED>
<DELETED>    (1) In general.--Within 90 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
promulgate a strategic plan for transportation research and
development. The Secretary shall update the plan no less
frequently than every 2 years thereafter.</DELETED>
<DELETED>    (2) Contents.--In the strategic plan, the
Secretary shall--</DELETED>
<DELETED>    (A) ensure that the research needs for
security of all modes of transportation, including
aviation, maritime, rail, pipeline, and transit
security, are addressed;</DELETED>
<DELETED>    (B) identify goals and include measurable
objectives;</DELETED>
<DELETED>    (C) include an adequate amount of basic
research;</DELETED>
<DELETED>    (D) define the research and development
roles of the Transportation Security Administration and
the Directorate of Science and Technology,
respectively, to ensure that--</DELETED>
<DELETED>    (i) they are aligned;</DELETED>
<DELETED>    (ii) the efficient use of research
funds is maximized; and</DELETED>
<DELETED>    (iii) duplication of projects is
prevented or minimized;</DELETED>
<DELETED>    (E) coordinate transportation research and
development under the plan with the transportation
research and development activities of other Federal
agencies, including the Department of Transportation
and the National Aeronautics and Space Administration;
and</DELETED>
<DELETED>    (F) base the plan on vulnerability and
criticality assessments.</DELETED>
<DELETED>    (3) Annual evaluation.--The Homeland Security
Science and Technology Advisory Committee shall evaluate the
plan by October 15th each year, measure progress under the plan
against the goals set forth in the plan, and recommend changes
to the transportation security research program under the
plan.</DELETED>
<DELETED>    (4) Annual report to congress.--The Secretary
shall transmit a copy of the strategic plan, and any revisions
of that plan, and a copy of the annual evaluations and
recommendations made by the Advisory Committee to the
Congress.</DELETED>
<DELETED>    (d) NIST Transportation Security Program.--The Secretary
of Homeland Security may transfer up to $15,000,000 each fiscal year to
the National Institute of Science and Technology to be obligated or
expended for a focused program in transportation security under section
28 of the National Institute of Science and Technology Act (15 U.S.C.
278n).</DELETED>
<DELETED>    (e) Secure Workforce Initiative.--Section 70107 of title
46, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(j) Secure Workforce Initiative.--</DELETED>
<DELETED>    ``(1) In general.--The Secretary shall develop a
program in conjunction with technical and community colleges to
train port security workforces. The program shall focus on
teaching port workers to utilize new technologies and processes
to improve port security through the use of screening
technologies, information technologies, detection devices,
incident response training, and other advanced
technologies.</DELETED>
<DELETED>    ``(2) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security $15,000,000 for each of fiscal years 2005 through 2009
to carry out the program developed under paragraph
(1).''.</DELETED>
<DELETED>    (f) Establishment of Competitive Research Program.--
</DELETED>
<DELETED>    (1) In general.--Title III of the Homeland
Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by
adding at the end the following:</DELETED>

<DELETED>``SEC. 314. COMPETITIVE RESEARCH PROGRAM.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
<DELETED>    ``(1) Establishment.--The Secretary, acting
through the Under Secretary for Science and Technology, shall
establish a competitive research program within the
Directorate.</DELETED>
<DELETED>    ``(2) Director.--The program shall be headed by a
Director, who shall be appointed by the Secretary. The Director
shall report to the Under Secretary.</DELETED>
<DELETED>    ``(3) Duties of Director.--In the administration
of the program, the Director shall--</DELETED>
<DELETED>    ``(A) establish a cofunding mechanism for
States with academic facilities that have not fully
developed security-related science and technology to
support burgeoning research efforts by the faculty or
link them to established investigators;</DELETED>
<DELETED>    ``(B) provide for conferences, workshops,
outreach, and technical assistance to researchers and
institutions of higher education in States on topics
related to developing science and technology expertise
in areas of high interest and relevance to the
Department;</DELETED>
<DELETED>    ``(C) monitor the efforts of States to
develop programs that support the Department's
mission;</DELETED>
<DELETED>    ``(D) implement a merit review program,
consistent with program objectives, to ensure the
quality of research conducted with Program funding;
and</DELETED>
<DELETED>    ``(E) provide annual reports on the
progress and achievements of the Program to the
Secretary.</DELETED>
<DELETED>    ``(b) Assistance Under the Program.--</DELETED>
<DELETED>    ``(1) Scope.--The Director shall provide
assistance under the program for research and development
projects that are related to, or qualify as, homeland security
research (as defined in section 307(a)(2)) under the
program.</DELETED>
<DELETED>    ``(2) Form of assistance.--Assistance under the
program can take the form of grants, contracts, or cooperative
arrangements.</DELETED>
<DELETED>    ``(3) Applications.--Applicants shall submit
proposals or applications in such form, at such times, and
containing such information as the Director may
require.</DELETED>
<DELETED>    ``(c) Implementation.--</DELETED>
<DELETED>    ``(1) Start-up phases.--For the first 3 fiscal
years beginning after the date of enactment of the Border
Infrastructure and Technology Integration Act of 2004,
assistance under the program shall be limited to institutions
of higher education located in States in which an institution
of higher education with a grant from, or a contract or
cooperative agreement with, the National Science Foundation
under section 113 of the National Science Foundation Act of
1988 (42 U.S.C. 1862) is located.</DELETED>
<DELETED>    ``(2) Subsequent fiscal years.--</DELETED>
<DELETED>    ``(A) In general.--Beginning with the 4th
fiscal year after the date of enactment of this Act,
the Director shall rank order the States (excluding any
noncontiguous State (as defined in section 2(14)) other
than Alaska, Hawaii, the Commonwealth of Puerto Rico,
and the Virgin Islands) in descending order in terms of
the average amount of funds received by institutions of
higher education (as that term is defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) in each State that received financial
assistance in the form of grants, contracts, or
cooperative arrangements under this title during each
of the preceding 3 fiscal years.</DELETED>
<DELETED>    ``(B) Allocation.--Beginning with the 4th
fiscal year after the date of enactment of this Act,
assistance under the program for any fiscal year is
limited to institutions of higher education located in
States in the lowest third of those ranked under
subparagraph (A) for that fiscal year.</DELETED>
<DELETED>    ``(C) Determination of location.--For
purposes of this paragraph, an institution of higher
education shall be considered to be located in the
State in which its home campus is located, except that
assistance provided under the program to a division,
institute, or other facility located in another State
for use in that State shall be considered to have been
provided to an institution of higher education located
in that other State.</DELETED>
<DELETED>    ``(D) Multiyear assistance.--For purposes
of this paragraph, assistance under the program that is
provided on a multi-year basis shall be counted as
provided in each such year in the amount so provided
for that year.</DELETED>
<DELETED>    ``(d) Funding.--The Secretary shall ensure that no less
than 5 percent of the amount appropriated for each fiscal year to the
Acceleration Fund for Research and Development of Homeland Security
Technologies established by section 307(c)(1) is allocated to the
program established by subsection (a).''.</DELETED>
<DELETED>    (2) Conforming amendment.--The table of contents
of the Homeland Security Act of 2002 is amended by inserting
after the item relating to section 313 the following:</DELETED>

<DELETED>``Sec. 314. Competitive research program.''.

<DELETED>SEC. 511. DEADLINE FOR TRANSPORTATION SECURITY
CARDS.</DELETED>

<DELETED>    The Secretary shall issue a final rule under section 70105
of title 46, United States Code, no later than January 1,
2006.</DELETED>

<DELETED>SEC. 512. EVALUATION AND REPORT.</DELETED>

<DELETED>    Within 90 days after the date of enactment of this Act the
Secretary of Homeland Security shall transmit a report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and Infrastructure
containing--</DELETED>
<DELETED>    (1) an evaluation of the Operation Safe Commerce
program and the Customs-Trade Partnership Against Terrorism
program;</DELETED>
<DELETED>    (2) a report on the establishment and
implementation of performance standards for oceanborne and
intermodal cargo seals and locks under section 70116(b) of
title 46, United States Code;</DELETED>
<DELETED>    (3) a report on progress made and current
operational practices for monitoring oceanborne cargo through
the entire supply chain;</DELETED>
<DELETED>    (4) recommendations as to how the practices,
programs, and procedures can be further integrated into a wider
screening network for oceanborne cargo that can be applied on
an international basis;</DELETED>
<DELETED>    (5) recommendations as to how inspection and
screening procedures developed for oceanborne cargo might be
adapted for application to the shipment of domestically-
produced cargo within the United States;</DELETED>
<DELETED>    (6) a status report on progress in preparing the
plan for implementing secure systems of transportation required
by section 809(c) of the Coast Guard and Maritime
Transportation Act of 2004 (Pub. L. 108-293; 118 Stat.
1086);</DELETED>
<DELETED>    (7) a report on the security of noncontainerized
cargo including roll-on roll-off cargo, break bulk cargo, and
liquid and dry bulk cargo; and</DELETED>
<DELETED>    (8) a report on whether the increased use of
waterborne transportation in the domestic movement of hazardous
materials would be an effective and efficient means to enhance
the safety of hazardous material shipments.</DELETED>

<DELETED>SEC. 513. PORT SECURITY GRANTS.</DELETED>

<DELETED>    (a) Basis for Grants.--Section 70107(a) of title 46,
United States Code, is amended by striking ``for making a fair and
equitable allocation of funds'' and inserting ``based on risk and
vulnerability''.</DELETED>
<DELETED>    (b) Letters of Intent.--Section 70107(e) of title 46,
United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED>    ``(5) Letters of intent.--The Secretary may
execute letters of intent to commit funding to port sponsors
from the Fund.''.</DELETED>

<DELETED>SEC. 514. WORK STOPPAGES AND EMPLOYEE-EMPLOYER
DISPUTES.</DELETED>

<DELETED>    Section 70101(6) is amended by inserting after ``area.''
the following: ``In this paragraph, the term `economic disruption' does
not include a work stoppage or other nonviolent employee-related action
resulting from an employee-employer dispute.''.</DELETED>

<DELETED>SEC. 515. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION
SECURITY CARD.</DELETED>

<DELETED>    Section 70105(c)(3) of title 46, United States Code, is
amended by inserting ``or a waiver under paragraph (2)'' after
``card''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Transportation
Security Improvement Act of 2005''.
(b) Table of Contents.--The table of contents for this Act is as
follows:

Sec. 1. Short title; table of contents.

TITLE I--AUTHORIZATIONS

Sec. 101. Transportation Security Administration authorization.
Sec. 102. Department of Transportation authorization.
Sec. 103. Technology for transportation security.
Sec. 104. Reorganizations.
Sec. 105. TSA acquisition management policy.

TITLE II--IMPROVED AVIATION SECURITY

Sec. 201. Post-fiscal year 2006 air carrier security fees.
Sec. 202. Alternative collection methods for passenger security fee.
Sec. 203. Employee retention internship program.
Sec. 204. Repair station security.

TITLE III--IMPROVED RAIL SECURITY

Sec. 301. Short title.
Sec. 302. Rail transportation security risk assessment.
Sec. 303. Systemwide AMTRAK security upgrades.
Sec. 304. Fire and life-safety improvements.
Sec. 305. Freight and passenger rail security upgrades.
Sec. 306. Rail security research and development.
Sec. 307. Oversight and grant procedures.
Sec. 308. AMTRAK plan to assist families of passengers involved in rail
passenger accidents.
Sec. 309. Northern border rail passenger report.
Sec. 310. Rail worker security training program.
Sec. 311. Whistleblower protection program.
Sec. 312. High hazard material security threat mitigation plans.
Sec. 313. Memorandum of agreement.
Sec. 314. Rail security enhancements.
Sec. 315. Public awareness.
Sec. 316. Railroad high hazard material tracking.

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

Sec. 401. Written plans for hazardous materials highway routing.
Sec. 402. Motor carrier high hazard material tracking.
Sec. 403. Truck leasing security training guidelines.MD23/
Sec. 404. Hazardous materials security inspections and enforcement.
Sec. 405. Truck security assessment.
Sec. 406. Pipeline security and incident recovery plan.
Sec. 407. Pipeline security inspections and enforcement.
Sec. 408. Memorandum of agreement.
Sec. 409. National public sector response system.
Sec. 410. Over-the-road bus security assistance.

TITLE V--IMPROVED MARITIME SECURITY

Sec. 501. Establishment of additional interagency operational centers
for port security.
Sec. 502. Area maritime transportation security plan to include salvage
response plan.
Sec. 503. Post-incident resumption of trade.
Sec. 504. Assistance for foreign ports.
Sec. 505. Improved data for targeted cargo searches.
Sec. 506. Technical requirements for non-intrusive inspection
equipment.
Sec. 507. Random inspection of containers.
Sec. 508. Cargo security.
Sec. 509. Secure systems of international intermodal transportation.
Sec. 510. Port security user fee study.
Sec. 511. Deadline for transportation security cards.
Sec. 512. Port security grants.
Sec. 513. Customs-Trade Partnership Against Terrorism security
validation program.
Sec. 514. Work stoppages and employee-employer disputes.
Sec. 515. Appeal of denial of waiver for transportation security
card.MD23/
Sec. 516. Inspection of car ferries entering from Canada.

TITLE I--AUTHORIZATIONS

SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZATION.

Section 114 of title 49, United States Code, is amended by adding
at the end thereof the following:
``(u) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security--
``(1) for Aviation Security--
``(A) $5,000,000,000 for fiscal year 2007;
``(B) $5,250,000,000 for fiscal year 2008; and
``(C) $5,500,000,000 for fiscal year 2009;
``(2) for Surface Transportation Security--
``(A) $265,000,000 for fiscal year 2007;
``(B) $228,000,000 for fiscal year 2008; and
``(C) $230,000,000 for fiscal year 2009;
``(3) for Intelligence--
``(A) $30,000,000 for fiscal year 2007;
``(B) $32,000,000 for fiscal year 2008; and
``(C) $34,000,000 for fiscal year 2009;
``(4) for Research and Development--
``(A) $65,000,000 for fiscal year 2007;
``(B) $67,000,000 for fiscal year 2008; and
``(C) $69,000,000 for fiscal year 2009; and
``(5) for Administration--
``(A) $530,000,000 for fiscal year 2007;
``(B) $535,000,000 for fiscal year 2008; andI24
``(C) $540,000,000 for fiscal year 2009.''.

SEC. 102. DEPARTMENT OF TRANSPORTATION AUTHORIZATION.

There are authorized to be appropriated to the Secretary of
Transportation to carry out title III of this Act and sections 20118
and 24316 of title 49, United States Code, as added by title III of
this Act--
(1) $225,000,000 for fiscal year 2007;
(2) $223,000,000 for fiscal year 2008; and
(3) $223,000,000 for fiscal year 2009.

SEC. 103. TECHNOLOGY FOR TRANSPORTATION SECURITY.

(a) Minimum Technology Implementation Authorization.--Section
70107(i)(2)(B) of title 46, United States Code, is amended by inserting
``not less than'' after ``Secretary''.
(b) Set-Asides for Research and Development.--Notwithstanding any
provision of law to the contrary, in the administration of the
Department of Homeland Security, the Secretary of Homeland Security
shall ensure that, for each fiscal year beginning after the date of
enactment of this Act, not less than--
(1) 8 percent of the amounts appropriated to the
Transportation Security Administration and the Directorate of
Science and Technology for research and development for the
fiscal year are obligated or expended for maritime security
related projects or programs, including ferry systems;
(2) 2 percent of such amounts are obligated or expended for
rail security related projects or programs.
(c) Strategic Plan.--
(1) In general.--Within 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
promulgate a strategic plan for transportation research and
development. The Secretary shall update the plan no less
frequently than every 2 years thereafter.
(2) Contents.--In the strategic plan, the Secretary shall--
(A) ensure that the research needs for security of
all modes of transportation, including aviation,
maritime, rail, pipeline, and transit security, are
addressed;
(B) identify goals and include measurable
objectives;
(C) include an adequate amount of basic research;
(D) define the research and development roles of
the Transportation Security Administration and the
Directorate of Science and Technology, respectively, to
ensure that--
(i) they are aligned;
(ii) the efficient use of research funds is
maximized; and
(iii) duplication of projects is prevented
or minimized;
(E) coordinate transportation research and
development under the plan with the transportation
research and development, including interoperable
communications, activities of other Federal agencies,
including the Department of Transportation and the
National Aeronautics and Space Administration; and
(F) base the plan on vulnerability and criticality
assessments.
(3) Annual evaluation.--The Homeland Security Science and
Technology Advisory Committee shall evaluate the plan by
October 15th each year, measure progress under the plan against
the goals set forth in the plan, and recommend changes to the
transportation security research program under the plan.
(4) Annual report to congress.--The Secretary shall
transmit a copy of the strategic plan, and any revisions of
that plan, and a copy of the annual evaluations and
recommendations made by the Advisory Committee to the Congress.
(d) NIST Transportation Security Program.--The Secretary of
Homeland Security may transfer up to $15,000,000 each fiscal year to
the National Institute of Science and Technology to be obligated or
expended for a focused program in transportation security under section
28 of the National Institute of Science and Technology Act (15 U.S.C.
278n).
(e) Establishment of Competitive Research Program.--
(1) In general.--Title III of the Homeland Security Act of
2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the
following:

``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

``(a) In General.--
``(1) Establishment.--The Secretary, acting through the
Under Secretary for Science and Technology, shall establish a
competitive research program within the Directorate.
``(2) Director.--The program shall be headed by a Director,
who shall be appointed by the Secretary. The Director shall
report to the Under Secretary.
``(3) Duties of Director.--In the administration of the
program, the Director shall--
``(A) establish a cofunding mechanism for States
with academic facilities that have not fully developed
security-related science and technology to support
burgeoning research efforts by the faculty or link them
to established investigators;
``(B) provide for conferences, workshops, outreach,
and technical assistance to researchers and
institutions of higher education in States on topics
related to developing science and technology expertise
in areas of high interest and relevance to the
Department;
``(C) monitor the efforts of States to develop
programs that support the Department's mission;
``(D) implement a merit review program, consistent
with program objectives, to ensure the quality of
research conducted with Program funding; and
``(E) provide annual reports on the progress and
achievements of the Program to the Secretary.
``(b) Assistance Under the Program.--
``(1) Scope.--The Director shall provide assistance under
the program for research and development projects that are
related to, or qualify as, homeland security research (as
defined in section 307(a)(2)) under the program.
``(2) Form of assistance.--Assistance under the program can
take the form of grants, contracts, or cooperative
arrangements.
``(3) Applications.--Applicants shall submit proposals or
applications in such form, at such times, and containing such
information as the Director may require.
``(c) Implementation.--
``(1) Start-up phases.--For the first 3 fiscal years
beginning after the date of enactment of the Border
Infrastructure and Technology Integration Act of 2004,
assistance under the program shall be limited to institutions
of higher education located in States in which an institution
of higher education with a grant from, or a contract or
cooperative agreement with, the National Science Foundation
under section 113 of the National Science Foundation Act of
1988 (42 U.S.C. 1862) is located.
``(2) Subsequent fiscal years.--
``(A) In general.--Beginning with the 4th fiscal
year after the date of enactment of this Act, the
Director shall rank order the States (excluding any
noncontiguous State (as defined in section 2(14)) other
than Alaska, Hawaii, the Commonwealth of Puerto Rico,
and the Virgin Islands) in descending order in terms of
the average amount of funds received by institutions of
higher education (as that term is defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)) in each State that received financial
assistance in the form of grants, contracts, or
cooperative arrangements under this title during each
of the preceding 3 fiscal years.
``(B) Allocation.--Beginning with the 4th fiscal
year after the date of enactment of this Act,
assistance under the program for any fiscal year is
limited to institutions of higher education located in
States in the lowest third of those ranked under
subparagraph (A) for that fiscal year.
``(C) Determination of location.--For purposes of
this paragraph, an institution of higher education
shall be considered to be located in the State in which
its home campus is located, except that assistance
provided under the program to a division, institute, or
other facility located in another State for use in that
State shall be considered to have been provided to an
institution of higher education located in that other
State.
``(D) Multiyear assistance.--For purposes of this
paragraph, assistance under the program that is
provided on a multi-year basis shall be counted as
provided in each such year in the amount so provided
for that year.
``(d) Funding.--The Secretary shall ensure that no less than 5
percent of the amount appropriated for each fiscal year to the
Acceleration Fund for Research and Development of Homeland Security
Technologies established by section 307(c)(1) is allocated to the
program established by subsection (a).''.
(2) Conforming amendment.--The table of contents of the
Homeland Security Act of 2002 is amended by inserting after the
item relating to section 313 the following:

``Sec. 314. Competitive research program.''.

SEC. 104. REORGANIZATIONS.

The Secretary of Homeland Security shall notify the Senate
Committee on Commerce, Science, and Transportation, the Senate
Committee on Homeland Security and Governmental Affairs, and the House
of Representatives Committee on Homeland Security in writing not less
than 15 days before--
(1) reorganizing or renaming offices;
(2) reorganizing programs or activities; or
(3) contracting out or privatizing any functions or
activities presently performed by Federal employees.

SEC. 105. TSA ACQUISITION MANAGEMENT POLICY.

(a) In General.--Section 114 of title 49, United States Code, is
amended by striking subsection (o) and redesignating subsections (p)
through (t) as subsections (o) through (s), respectively.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect 180 days after the date of enactment of this Act.

TITLE II--IMPROVED AVIATION SECURITY

SEC. 201. POST-FISCAL YEAR 2006 AIR CARRIER SECURITY FEES.

Section 44940(a)(2) of title 49, United States Code, is amended by
adding at the end the following:
``(D) Fiscal years 2007 and later.--The Assistant
Secretary may not increase the aviation security
infrastructure fee authorized by subparagraph (A), or
impose any additional fees under that subparagraph,
after September 30, 2006, unless--
``(i) the fee or increase is imposed by
rule promulgated by the Assistant Secretary;
and
``(ii) not less than 60 days before its
proposed effective date, the Assistant
Secretary submits the rule to--
``(I) the Senate Committee on
Commerce, Science, and Transportation;
``(II) the Senate Committee on
Appropriations;
``(III) the House of
Representatives Committee on
Transportation and Infrastructure;
``(IV) the House of Representatives
Committee on Homeland Security; and
``(V) the House of Representatives
Committee on Appropriations .
``(E) Application of chapter 8 of title 5.--Chapter
8 of title 5 applies to any rule promulgated by the
Assistant Secretary imposing a fee or increasing fees
under subparagraph (A) after September 30, 2006.''.

SEC. 202. ALTERNATIVE COLLECTION METHODS FOR PASSENGER SECURITY FEE.

(a) In General.--
(1) Study.--The Assistant Secretary of Homeland Security
(Transportation Security Administration) shall study the
feasibility of collecting the passenger security service fee
authorized by section 44940(a) of title 49, United States Code,
directly from passengers at, or before they reach, the airport
through a system developed or approved by the Assistant
Secretary, including the use of vending kiosks, other automated
vending devices, the Internet, or other remote vending sites.
(2) Solicitation of proposals.--In carrying out this
subsection the Assistant Secretary shall solicit proposals for
such alternative collection mechanisms.
(3) Development of alternatives.--Based on the study
conducted under paragraph (1) and an evaluation of proposals
submitted pursuant to the solicitation under paragraph (2), the
Assistant Secretary shall develop such alternative collection
systems as the Assistant Secretary determines to be feasible,
including schedules and methods to ensure the efficiency of
such systems.
(b) Report.--The Assistant Secretary shall report the results of
the study, together with any recommendations the Assistant Secretary
deems appropriate, to the Congress within 6 months after the date of
enactment of this Act.
(c) Demonstration Projects.--If the Assistant Secretary determines
that a system of direct collection of such fees from passengers at
airports is feasible, the Assistant Secretary shall conduct
demonstration projects at a small hub airport, a medium hub airport,
and a large hub airport (as those terms are defined in paragraphs (42),
(31), and (29), respectively, of section 40102 of title 49, United
States Code) within 1 year after submitting the report required by
subsection (b) to the Congress.

SEC. 203. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

The Assistant Secretary of Homeland Security (Transportation
Security Administration), shall establish a pilot program at a small
hub airport, a medium hub airport, and a large hub airport (as those
terms are defined in paragraphs (42), (31), and (29), respectively, of
section 40102 of title 49, United States Code) for training students to
perform screening of passengers and property under section 44901 of
title 49, United States Code. The program shall be an internship for
pre-employment training of final-year students from public and private
secondary schools located in nearby communities. Under the program,
participants--
(1) shall be compensated for training and services time
while participating in the program, and
(2) shall be required to agree, as a condition of
participation in the program, to accept employment as a
screener upon successful completion of the internship and upon
graduation from the secondary school.

SEC. 204. REPAIR STATION SECURITY.

(a) Certification of Foreign Repair Stations Suspension.--If the
regulations required by section 44924(f) of title 49, United States
Code, are not issued within 90 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration may not
certify any foreign repair station under part 145 of title 14, Code of
Federal Regulations after such 90th day.
(b) 6-Month Deadline for Security Review and Audit.--Subsections
(a) and (d) of section 44924 of title 49, United States Code, are each
amended by striking ``18 months'' and inserting ``6 months''.

TITLE III--IMPROVED RAIL SECURITY

SEC. 301. SHORT TITLE.

This title may be cited as the ``Rail Security Act of 2005''.

SEC. 302. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, including the
Transportation Security Administration, the Department of
Transportation, and other appropriate agencies, to complete a
vulnerability and risk assessment of freight and passenger rail
transportation (encompassing railroads, as that term is defined
in section 20102(1) of title 49, United States Code). The
assessment shall include--
(A) a methodology for conducting the risk
assessment, including timelines, that addresses how the
Department of Homeland Security will work with the
entities describe in subsection (b) and make use of
existing Federal expertise within the Department of
Homeland Security, the Department of Transportation,
and other appropriate agencies;
(B) identification and evaluation of critical
assets and infrastructures;
(C) identification of vulnerabilities and risks to
those assets and infrastructures;
(D) identification of vulnerabilities and risks
that are specific to the transportation of hazardous
materials via railroad;
(E) identification of security weaknesses in
passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment; and
(F) an account of actions taken or planned by both public
and private entities to address identified rail security issues
and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching and car storage areas, other
rail infrastructure and facilities, information
systems, and other areas identified by the Secretary as
posing significant rail-related risks to public safety
and the movement of interstate commerce, taking into
account the impact that any proposed security measure
might have on the provision of rail service;
(B) deploying equipment to detect explosives and
hazardous chemical, biological, and radioactive
substances, and any appropriate countermeasures;
(C) training appropriate railroad or railroad
shipper employees in terrorism prevention, passenger
evacuation, and response activities;
(D) conducting public outreach campaigns on
passenger railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs
of measures that may be required to address those
risks.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the
freight and intercity passenger railroads, and State
and local governments, for the Federal government to
provide increased security support at high or severe
threat levels of alert;
(B) a plan for coordinating existing and planned
rail security initiatives undertaken by the public and
private sectors; and
(C) a contingency plan, developed in conjunction
with freight and intercity and commuter passenger
railroads, to ensure the continued movement of freight
and passengers in the event of an attack affecting the
railroad system, which shall contemplate--
(i) the possibility of rerouting traffic
due to the loss of critical infrastructure,
such as a bridge, tunnel, yard, or station; and
(ii) methods of continuing railroad service
in the Northeast Corridor in the event of a
commercial power loss, or catastrophe affecting
a critical bridge, tunnel, yard, or station.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment and developing the recommendations and plans required by
subsection (a), the Secretary of Homeland Security shall consult with
rail management, rail labor, owners or lessors of rail cars used to
transport hazardous materials, first responders, shippers of hazardous
materials, public safety officials, and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report containing the assessment,
prioritized recommendations, and plans required by subsection
(a) and an estimate of the cost to implement such
recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with the
Secretary of Transportation, shall update the assessment and
recommendations each year and transmit a report, which may be submitted
in both classified and redacted formats, to the Committees named in
subsection (c)(1), containing the updated assessment and
recommendations.
(e) Funding.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section $5,000,000 for fiscal year 2007.

SEC. 303. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

(a) In General.--Subject to subsection (c) the Secretary of
Homeland Security, in consultation with the Assistant Secretary of
Homeland Security (Transportation Security Administration), is
authorized to make grants to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall disburse
funds to Amtrak provided under subsection (a) for projects contained in
a systemwide security plan approved by the Secretary of Homeland
Security. The plan shall include appropriate measures to address
security awareness, emergency response, and passenger evacuation
training.
(c) Equitable Geographic Allocation.--The Secretary shall ensure
that, subject to meeting the highest security needs on Amtrak's entire
system and consistent with the risk assessment required under section
302, stations and facilities located outside of the Northeast Corridor
receive an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security and the Assistant
Secretary of Homeland Security (Transportation Security Administration)
to carry out this section--
(1) $63,500,000 for fiscal year 2007;
(2) $30,000,000 for fiscal year 2008; and
(3) $30,000,000 for fiscal year 2009.
Amounts appropriated pursuant to this subsection shall remain available
until expended.

SEC. 304. FIRE AND LIFE-SAFETY IMPROVEMENTS.

(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, is authorized to
make grants to Amtrak for the purpose of making fire and life-safety
improvements to Amtrak tunnels on the Northeast Corridor in New York,
NY, Baltimore, MD, and Washington, DC.
(b) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 102 of this Act, there shall be made available to
the Secretary of Transportation for the purposes of carrying out
subsection (a) the following amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $190,000,000 for fiscal year 2007;
(B) $190,000,000 for fiscal year 2008; and
(C) $190,000,000 for fiscal year 2009.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $19,000,000 for fiscal year 2007;
(B) $19,000,000 for fiscal year 2008; and
(C) $19,000,000 for fiscal year 2009.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $13,333,000 for fiscal year 2007;
(B) $13,333,000 for fiscal year 2008; and
(C) $13,333,000 for fiscal year 2009.
(c) Infrastructure Upgrades.--Out of funds appropriated pursuant to
section 102 of this Act, there shall be made available to the Secretary
of Transportation for fiscal year 2007 $3,000,000 for the preliminary
design of options for a new tunnel on a different alignment to augment
the capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made available
pursuant to this section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may not make
amounts available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1) and (2) of
subsection (e) and approve or disapprove the plans within 45 days after
the date on which each such plan is submitted by Amtrak. If the
Secretary determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the Secretary's
notification, submit a modified plan for the Secretary's review. Within
15 days after receiving additional information on items previously
included in the plan, and within 45 days after receiving items newly
included in a modified plan, the Secretary shall either approve the
modified plan, or, if the Secretary finds the plan is still incomplete
or deficient, the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security the portions of
the plan the Secretary finds incomplete or deficient, approve all other
portions of the plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions of the
plan.
(g) Financial Contribution From Other Tunnel Users.--The Secretary
shall, taking into account the need for the timely completion of all
portions of the tunnel projects described in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.

SEC. 305. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of Homeland Security
(Transportation Security Administration) and other appropriate
agencies, is authorized to make grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars used in the
transportation of hazardous materials, universities, colleges and
research centers, State and local governments (for rail passenger
facilities and infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities to prevent
or respond to acts of terrorism, sabotage, or other intercity passenger
rail and freight rail security vulnerabilities and risks identified
under section 302, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their resistance
to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 302, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under this
section are expended in accordance with the purposes of this Act and
the priorities and other criteria developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section 302, and shall encourage non-Federal financial
participation in awarding grants. With respect to grants for intercity
passenger rail security, the Secretary shall also take into account
passenger volume and whether a station is used by commuter rail
passengers as well as intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak under subsection (a) unless Amtrak meets the conditions
set forth in section 303(b) of this Act.
(e) Allocation Between Railroads and Others.--Unless as a result of
the assessment required by section 302 the Secretary of Homeland
Security determines that critical rail transportation security needs
require reimbursement in greater amounts to any eligible entity, no
grants under this section may be made--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 114(u)(2) of title 49, United States Code, there
shall be made available to the Secretary of Homeland Security to carry
out this section--
(1) $100,000,000 for fiscal year 2007;
(2) $100,000,000 for fiscal year 2008; and
(3) $100,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain
available until expended.
(g) High Hazard Materials Defined.--In this section, the term
``high hazard materials'' means quantities of poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia
that the Secretary, in consultation with the Secretary of
Transportation, determines pose a security risk.

SEC. 306. RAIL SECURITY RESEARCH AND DEVELOPMENT.

(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary for Science
and Technology and the Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Secretary of Transportation shall carry out a research and development
program for the purpose of improving freight and intercity passenger
rail security that may include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical, biological,
and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car
or other rail car used to transport hazardous materials
and transmit information about the integrity of cars to
the train crew or dispatcher;
(B) research to improve tank car integrity, with a
focus on tank cars that carry high hazard materials (as
defined in section 305(g) of this Act; and
(C) techniques to transfer hazardous materials from
rail cars that are damaged or otherwise represent an
unreasonable risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section 302.
(b) Coordination With Other Research Initiatives.--The Secretary of
Homeland Security shall ensure that the research and development
program authorized by this section is coordinated with other research
and development initiatives at the Department of Homeland Security and
the Department of Transportation. The Secretary shall carry out any
research and development project authorized by this section through a
reimbursable agreement with the Secretary of Transportation, if the
Secretary of Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research and
development program, the Secretary may award grants to the entities
described in section 305(a) and shall adopt necessary procedures,
including audits, to ensure that grants made under this section are
expended in accordance with the purposes of this Act and the priorities
and other criteria developed by the Secretary.
(d) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 114(u)(4) of title 49, United States Code, there
shall be made available to the Secretary of Homeland Security to carry
out this section--
(1) $35,000,000 for fiscal year 2007;
(2) $35,000,000 for fiscal year 2008; and
(3) $35,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain
available until expended.

SEC. 307. OVERSIGHT AND GRANT PROCEDURES.

(a) Secretarial Oversight.--The Secretary of Homeland Security may
use up to 0.5 percent of amounts made available for capital projects
under the Rail Security Act of 2005 to enter into contracts for the
review of proposed capital projects and related program management
plans and to oversee construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available under
subsection (a) of this subsection to make contracts to audit and review
the safety, procurement, management, and financial compliance of a
recipient of amounts under this Act.
(c) Procedures for Grant Award.--The Secretary shall, within 90
days after the date of enactment of this Act, prescribe procedures and
schedules for the awarding of grants under this Act, including
application and qualification procedures (including a requirement that
the applicant have a security plan), and a record of decision on
applicant eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary and shall
be consistent, to the extent practicable, with the grant procedures
established under section 70107 of title 46, United States Code.

SEC. 308. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.

(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date
of the enactment of the Rail Security Act of 2005, Amtrak shall submit
to the Chairman of the National Transportation Safety Board, the
Secretary of Transportation, and the Secretary of Homeland Security a
plan for addressing the needs of the families of passengers involved in
any rail passenger accident involving an Amtrak intercity train and
resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by Amtrak under
subsection (a) shall include, at a minimum, the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within Amtrak's control; that any
possession of the passenger within Amtrak's control will be
returned to the family unless the possession is needed for the
accident investigation or any criminal investigation; and that
any unclaimed possession of a passenger within Amtrak's control
will be retained by the rail passenger carrier for at least 18
months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation Safety
Board, the Secretary of Transportation, and Amtrak may not release any
personal information on a list obtained under subsection (b)(1) but may
provide information on the list about a passenger to the family of the
passenger to the extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable for
damages in any action brought in a Federal or State court arising out
of the performance of Amtrak in preparing or providing a passenger
list, or in providing information concerning a train reservation,
pursuant to a plan submitted by Amtrak under subsection (b), unless
such liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that Amtrak may take,
or the obligations that Amtrak may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to section 102
of the Rail Security Act of 2005, there shall be made available to the
Secretary of Transportation for the use of Amtrak $500,000 for fiscal
year 2007 to carry out this section. Amounts made available pursuant to
this subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end the
following:

``24316.  Plan to assist families of passengers involved in rail
passenger accidents.''.

SEC. 309. NORTHERN BORDER RAIL PASSENGER REPORT.

Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), the Secretary of Transportation, heads of other
appropriate Federal departments, and agencies and the National Railroad
Passenger Corporation, shall transmit a report to the Senate Committee
on Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of Principle
for the Improved Security of Rail Shipments by Canadian
National Railway and Canadian Pacific Railway from Canada to
the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.

SEC. 310. RAIL WORKER SECURITY TRAINING PROGRAM.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and the
Secretary of Transportation, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of
railroad carriers, and nonprofit employee organizations that represent
rail workers, shall develop and issue detailed guidance for a rail
worker security training program to prepare front-line workers for
potential threat conditions. The guidance shall take into consideration
any current security training requirements or best practices.
(b) Program Elements.--The guidance developed under subsection (a)
shall include elements, as appropriate to passenger and freight rail
service, that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days after the
Secretary of Homeland Security issues guidance under subsection (a) in
final form, each railroad carrier shall develop a rail worker security
training program in accordance with that guidance and submit it to the
Secretary for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall review the
program and transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary for the program to meet the
guidance requirements. A railroad carrier shall respond to the
Secretary's comments within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary reviews
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall
review implementation of the training program of a representative
sample of railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security on the number of reviews
conducted and the results. The Secretary may submit the report in both
classified and redacted formats as necessary.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) as appropriate to reflect new or different
security threats. Railroad carriers shall revise their programs
accordingly and provide additional training to their front-line workers
within a reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, train operators,
other onboard employees, maintenance and maintenance support personnel,
bridge tenders, as well as other appropriate employees of railroad
carriers, as defined by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security shall
issue guidance and best practices for a rail shipper employee security
program containing the elements listed under subsection (b) as
appropriate.

SEC. 311. WHISTLEBLOWER PROTECTION PROGRAM.

(a) In General.--Subchapter A of chapter 201 of title 49, United
States Code, is amended by inserting after section 20117 the following:
``Sec. 20118. Whistleblower protection for rail security matters
``(a) Discrimination Against Employee.--No rail carrier engaged in
interstate or foreign commerce may discharge a railroad employee or
otherwise discriminate against a railroad employee because the employee
(or any person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the Federal
Government information relating to a reasonably perceived
threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of the
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than 180 days
after it is filed. If the violation is a form of discrimination that
does not involve discharge, suspension, or another action affecting
pay, and no other remedy is available under this subsection, the Board,
division, delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more than
$20,000.
``(c) Procedural Requirements.--Except as provided in subsection
(b), the procedure set forth in section 42121(b)(2)(B) of this title,
including the burdens of proof, applies to any complaint brought under
this section.
``(d) Election of Remedies.--An employee of a railroad carrier may
not seek protection under both this section and another provision of
law for the same allegedly unlawful act of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20117 the following:

``20118. Whistleblower protection for rail security matters.''.

SEC. 312. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.

(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration) and the Secretary of
Transportation, shall require rail carriers transporting a high hazard
material, as defined in section 305(g) of this Act and of a quantity
equal or exceeding the quantities of such material listed in subpart
172.800, title 49, Federal Code of Regulations, to develop a high
hazard material security threat mitigation plan containing appropriate
measures, including alternative routing and temporary shipment
suspension options, to address assessed risks to high consequence
targets. The plan, and any information submitted to the Secretary under
this section shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49, United
States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier for the
shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe and specific intelligence of probable or
imminent threat exists towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high
hazard materials to the Secretary of Homeland Security
within 60 days after the date of enactment of this Act;
(B) develop and submit a high hazard material
security threat mitigation plan to the Secretary within
180 days after it receives the notice of high
consequence targets on such routes by the Secretary;
and
(C) submit any subsequent revisions to the plan to
the Secretary within 30 days after making the
revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad carrier
shall respond to the Secretary's comments within 30 days after
receiving them. Each rail carrier shall update and resubmit its
plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means a building,
buildings, infrastructure, public space, or natural resource
designated by the Secretary of Homeland Security that is viable
terrorist target of national significance, the attack of which
could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and
defense capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.

SEC. 313. MEMORANDUM OF AGREEMENT.

(a) Memorandum of Agreement.--Similar to the public transportation
security annex between the two departments signed on September 8, 2005,
within 1 year after the date of enactment of this Act, the Secretary of
Transportation and the Secretary of Homeland Security shall execute and
develop an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, governing the specific roles,
delineations of responsibilities, resources and commitments of the
Department of Transportation and the Department of Homeland Security,
respectively, in addressing railroad transportation security matters,
including the processes the departments will follow to promote
communications, efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49, United
States Code, is amended by striking ``safety'' the first place it
appears, and inserting ``safety, including security,''.

SEC. 314. RAIL SECURITY ENHANCEMENTS.

(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Homeland Security and the Assistant Secretary of
Homeland Security (Transportation Security Administration), shall
review existing rail regulations of the Department of Transportation
for the purpose of identifying areas in which those regulations need to
be revised to improve rail security.

SEC. 315. PUBLIC AWARENESS.

Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall develop a national plan for public outreach and
awareness. Such plan shall be designed to increase awareness of
measures that the general public, railroad passengers, and railroad
employees can take to increase railroad system security. Such plan
shall also provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing research and
development efforts, and available Federal funding sources to improve
railroad security. Not later than 9 months after the date of enactment
of this Act, the Secretary of Homeland Security shall implement the
plan developed under this section.

SEC. 316. RAILROAD HIGH HAZARD MATERIAL TRACKING.

(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 306 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration), shall develop a
program that will encourage the equipping of rail cars
transporting high hazard materials (as defined in section
305(g) of this Act) in quantities equal to or greater than the
quantities specified in subpart 171.800 of title 49, Code of
Federal Regulations, with wireless terrestrial or satellite
communications technology that provides--
(A) car position location and tracking
capabilities;
(B) notification of rail car depressurization,
breach, or unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for rail car tracking at the Department of
Transportation; and
(B) ensure that the program is consistent with
recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.
(b) Funding.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section $3,000,000 for each of fiscal years 2007, 2008, and 2009.

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

SEC. 401. WRITTEN PLANS FOR HAZARDOUS MATERIALS HIGHWAY ROUTING.

Within 180 days after the date of enactment of this Act, the
Secretary of Transportation shall require 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 a written 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.

SEC. 402. 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 (as defined in section 305(g) of this Act) 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) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for motor carrier tracking at the Department of
Transportation; and
(B) take into consideration the recommendations and
findings of the report on the Hazardous Material Safety
and Security Operation Field Test released by the
Federal Motor Carrier Safety Administration on November
11, 2004.
(b) Funding.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section $3,000,000 for each of fiscal years 2007, 2008, and 2009.

SEC. 403. TRUCK LEASING SECURITY TRAINING GUIDELINES.

(a) In General.--Within 180 days after the date of enactment of
this Act the Secretary of Homeland Security, through the Transportation
Security Administration and in consultation with the Federal Motor
Carrier Safety Administration, shall develop and make available in
written or electronic form security training guidelines for short-term
truck leasing operations consistent with existing best practices as
determined by the Secretary.
(b) Contents.--The truck leasing security training guidelines
shall--
(1) include information for short-term truck leasing
companies on the appropriate contents of employee security
training efforts designed to enable employees to recognize
terrorist threats and criminal activity; and
(2) contain a list of best practices developed by the
Assistant Secretary.
(c) Outreach.--The Secretary may hold public information and
outreach sessions to present the truck leasing security training
guidelines to short-term truck leasing companies.
(d) Funding.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Assistant Secretary of Homeland Security
(Transportation Security Administration), to carry out this section
$1,000,000 for fiscal year 2007.

SEC. 404. 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.
(b) Civil Penalty.--The failure, by a shipper, carrier, or other
person subject to part 172 of title 49, Code of Federal Regulations, to
comply with any applicable section of that part within 180 days after
being notified by the Secretary of such failure to comply, is
punishable by a civil penalty imposed by the Secretary under title 49,
United States Code. For purposes of this subsection, each day of
noncompliance after the 181st day following the date on which the
shipper, carrier, or other person received notice of the failure shall
constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of hazardous
materials shippers, carriers, or other persons subject to part 172 of
title 49, Code of Federal Regulations, with the provisions of that
part, the Secretary shall utilize risk assessment methodologies to
prioritize review and enforcement actions to the most vulnerable and
critical hazardous materials transportation operations.
(d) Transportation Costs Study.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in conjunction
with the Secretary of Homeland Security, shall study to what extent the
insurance, security, and safety costs borne by railroad carriers, motor
carriers, pipeline carriers, air carriers, and maritime carriers
associated with the transportation of hazardous materials are reflected
in the rates paid by shippers of such commodities as compared to the
costs and rates respectively for the transportation of non-hazardous
materials.
(e) Funding.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Assistant Secretary of Homeland Security
(Transportation Security Administration), 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. 405. 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. 406. 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 407, 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 406--
(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.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section $1,000,000 for fiscal year 2007.

SEC. 407. 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.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available 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. 408. MEMORANDUM OF AGREEMENT.

Within 6 months after the date of enactment of this Act, the
Secretary of Transportation and the Secretary of Homeland Security
shall execute and develop an annex to the memorandum of agreement
between the 2 departments signed on September 28, 2004, governing the
specific roles, delineations of responsibilities, resources and
commitments of the Department of Transportation and the Department of
Homeland Security, respectively, in addressing pipeline security and
hazardous materials transportation security matters, including the
processes the Departments will follow to promote communications,
efficiency, and nonduplication of effort.

SEC. 409. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

(a) Development.--The Secretary of Homeland Security, in
conjunction with the Secretary of Transportation, shall develop 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 developing 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, Operation Respond, private for-profit
emergency response organizations, and commercial motor vehicle and
hazardous material safety groups. The 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 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
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.
(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 the
estimated total public and private sector costs to establish and
annually operate the national public sector response system under
subsection (a), together with any recommendations for generating
private sector participation and investment in the development and
operation of the national public sector response system.
(g) Funding.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available 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. 410. 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.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Assistant Secretary of Homeland Security
(Transportation Security Administration), to carry out this section--
(1) $50,000,000 for fiscal year 2007;
(2) $50,000,000 for fiscal year 2008; and
(3) $50,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain
available until expended.MD23/

TITLE V--IMPROVED MARITIME SECURITY

SEC. 501. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL CENTERS
FOR PORT SECURITY.

(a) In General.--In order to improve interagency cooperation, unity
of command, and the sharing of intelligence information in a common
mission to provide greater protection for port and intermodal
transportation systems against acts of terrorism, the Secretary of
Homeland Security, acting through the Commandant of the Coast Guard,
shall establish interagency operational centers for port security at
all high priority ports.
(b) Characteristics.--The interagency operational centers shall--
(1) be based on the most appropriate compositional and
operational characteristics of the pilot project interagency
operational centers for port security in Miami, Florida,
Norfolk/Hampton Roads, Virginia, Charleston, South Carolina,
and San Diego, California;
(2) be adapted to meet the security needs, requirements,
and resources of the individual port area at which each is
operating;
(3) provide for participation by representatives of the
United States Customs and Border Protection, the Transportation
Security Administration, the Department of Defense, and other
Federal agencies, as determined to be appropriate by the
Secretary of Homeland Security, and State and local law
enforcement or port security agencies and personnel; and
(4) be incorporated in the implementation of--
(A) maritime transportation security plans
developed under section 70103 of title 46, United
States Code;
(B) maritime intelligence activities under section
70113 of that title;
(C) short and long range vessel tracking under
sections 70114 and 70115 of that title;
(D) secure transportation systems under section
70116 of that title;
(E) the United States Customs and Border
Protection's screening and high-risk cargo inspection
programs; and
(F) the transportation security incident response
plans required by section 70104 of that title.
(c) 2005 Act Report Requirement.--Nothing in this section relieves
the Commandant of the Coast Guard from compliance with the requirements
of section 807 of the Coast Guard and Maritime Transportation Act of
2004. The Commandant shall utilize the information developed in making
the report required by that section in carrying out the requirements of
this section.
(d) Budget and Cost-Sharing Analysis.--Within 180 days after the
date of enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security a proposed
budget analysis for implementing subsection (a), including cost-sharing
arrangements with other Federal departments and agencies involved in
the interagency operation of the centers.

SEC. 502. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE
RESPONSE PLAN.

Section 70103(b)(2) of title 46, United States Code, is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) include a salvage response plan--
``(i) to identify salvage equipment capable
of restoring operational trade capacity; and
``(ii) to ensure that the flow of cargo
through United States ports is re-established
as efficiently and quickly as possible after a
transportation security incident.''.

SEC. 503. POST-INCIDENT RESUMPTION OF TRADE.

Section 70103(a)(2)(J) of title 46, United States Code, is amended
by inserting after ``incident.'' the following: ``The plan shall
provide, to the extent practicable, preference in the reestablishment
of the flow of cargo through United States ports after a transportation
security incident to--
``(i) vessels that have a vessel security plan
approved under subsection (c);
``(ii) vessels manned by individuals who are
described in section 70105(b)(2)(B) and who have
undergone a background records check under section
70105(d) or who hold transportation security cards
issued under section 70105; and
``(iii) vessels on which all the cargo has
undergone screening and inspection under standards and
procedures established under section 70116(b)(2) of
this title.''.

SEC. 504. ASSISTANCE FOR FOREIGN PORTS.

(a) In General.--Section 70109 of title 46, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 70109. International cooperation and coordination'' ; and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, the
Secretary of Energy, and the Commandant of the United States
Coast Guard, shall identify foreign assistance programs that
could facilitate implementation of port security antiterrorism
measures in foreign countries. The Secretary shall establish a
program to utilize those programs that are capable of
implementing port security antiterrorism measures at ports in
foreign countries that the Secretary finds, under section
70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the
United States Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of port
security antiterrorism measures at the ports located in the
Caribbean Basin, as such ports pose unique security and safety
threats to the United States due to--
``(A) the strategic location of such ports between
South America and United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of
narcotics to the United States that are moved through
such ports.
``(d) International Cargo Security Standards.--The Secretary of
State, in consultation with the Secretary acting through the
Commissioner of Customs and Border Protection, shall enter into
negotiations with foreign governments and international organizations,
including the International Maritime Organization, the World Customs
Organization, the International Labor Organization, and the
International Standards Organization, as appropriate--
``(1) to promote standards for the security of containers
and other cargo moving within the international supply chain;
``(2) to encourage compliance with minimum technical
requirements for the capabilities of nonintrusive inspection
equipment, including imaging and radiation detection devices,
established under section 506 of the Transportation Security
Improvement Act of 2005;
``(3) to implement the requirements of the container
security initiative under section 70121; and
``(4) to implement standards and procedures established
under section 70116.''.
(b) Report on Security at Ports in the Caribbean Basin.--Not later
than 180 days after the date of enactment of this Act, the Comptroller
General shall submit to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of Representatives
Committee on Homeland Security a report on the security of ports in the
Caribbean Basin. The report--
(1) shall include--
(A) an assessment of the effectiveness of the
measures employed to improve security at ports in the
Caribbean Basin and recommendations for any additional
measures to improve such security;
(B) an estimate of the number of ports in the
Caribbean Basin that will not be secured by January 1,
2007, and an estimate of the financial impact in the
United States of any action taken pursuant to section
70110 of title 46, United States Code, that affects
trade between such ports and the United States; and
(C) an assessment of the additional resources and
program changes that are necessary to maximize security
at ports in the Caribbean Basin; and
(2) may be submitted in both classified and redacted
formats.
(c) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by striking the item relating
to section 70901 and inserting the following:

``70901. International cooperation and coordination.''.

SEC. 505. IMPROVED DATA FOR TARGETED CARGO SEARCHES.

(a) In General.--In order to provide the best possible data for the
automated targeting system developed and operated by United States
Customs and Border Protection under section 70116(b)(1) of title 46,
United States Code, that identifies high-risk cargo for inspection
before it is loaded in a foreign port for shipment to the United
States, the Secretary of Homeland Security, acting through the
Commissioner of Customs and Border Protection, shall require importers
shipping goods to the United States via cargo container to supply entry
data not later than 24 hours before loading a container under the
advance notification requirements under section 484(a)(2) of the Tariff
Act of 1930 (19 U.S.C. 1484(a)(2)).
(b) Deadline.--The requirement imposed under subsection (a) shall
apply to goods entered after July 1, 2006.
(c) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary of Homeland Security to carry out the automated
targeting system program to identify high-risk oceanborne
container cargo for inspection--
(A) $30,700,000 for fiscal year 2007;
(B) $33,200,000 for fiscal year 2008; and
(C) $35,700,000 for fiscal year 2009.
(2) The amounts authorized by this subsection shall be in
addition to any other amounts authorized to be appropriated to
carry out that program.

SEC. 506. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION
EQUIPMENT.

Within 2 years after the date of enactment of this Act, the
Commissioner of Customs and Border Protection, in consultation with the
National Institute of Science and Technology, shall initiate a
rulemaking to establish minimum technical requirements for the
capabilities of nonintrusive inspection equipment, including imaging
and radiation detection devices, that help ensure that all equipment
used can detect risks and threats as determined appropriate by the
Secretary, while considering the need not to endorse specific companies
or to create sovereignty conflicts with participating countries.

SEC. 507. RANDOM INSPECTION OF CONTAINERS.

Within 1 year after the date of enactment of this Act, the
Commissioner of Customs and Border Protection shall develop and
implement a plan, utilizing best practices for empirical scientific
research design and random sampling standards for random physical
inspection of shipping containers in addition to any targeted or pre-
shipment inspection of such containers required by law or regulation or
conducted under any other program conducted by the Commissioner.
Nothing in this section shall be construed to mean that implementation
of the random sampling plan would preclude the additional physical
inspection of shipping containers not inspected pursuant to the plan.

SEC. 508. CARGO SECURITY.

(a) In General.--Chapter 701 of title 46, United States Code, is
amended--
(1) by redesignating the second section 70118 (relating to
withholding of clearance), as added by section 802(a)(2) of the
Coast Guard and Maritime Transportation Act of 2004, as section
70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the Coast Guard and Maritime Transportation Act of
2004, as section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as section
70122; and
(4) by inserting after section 70120, as redesignated by
paragraph (2), the following:
``Sec. 70121. Container security initiative
``(a) In General.--Pursuant to the standards established under
subsection (b)(1) of section 70116--
``(1) the Secretary, through the Commissioner of Customs
and Border Protection, shall issue regulations to--
``(A) evaluate and screen cargo documents prior to
loading in a foreign port for shipment to the United
States, either directly or via a foreign port; and
``(B) inspect high-risk cargo in a foreign port
intended for shipment to the United States by physical
examination or nonintrusive examination by
technological means; and
``(2) the Commissioner of Customs and Border Protection
shall execute inspection and screening protocols with
authorities in foreign ports to ensure that the standards and
procedures promulgated under paragraph (1) are implemented in
an effective manner.
``(b) Extension of Container Security Initiative to Other Ports.--
The Secretary, through the Commissioner of Customs and Border
Protection, may designate foreign seaports under this section if, with
respect to any such seaport, the Secretary determines that--
``(1) the seaport--
``(A) presents a significant level of risk;
``(B) is a significant port or origin or
transshipment, in terms of volume or value, for cargo
being imported to the United States; and
``(C) is potentially capable of validating a secure
system of transportation pursuant to section 70116; and
``(2) the Department of State and representatives of the
country with jurisdiction over the port have completed
negotiations to ensure compliance with the requirements of the
container security initiative.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $142,000,000 for fiscal year 2007;
``(2) $144,000,000 for fiscal year 2008; and
``(3) $146,000,000 for fiscal year 2009.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items following
the item relating to section 70116 and inserting the following:

``70117. In rem liability for civil penalties and certain
costs.
``70118. Firearms, arrests, and seizure of property.
``70119. Withholding of clearance.
``70120. Enforcement by State and local officers.
``70121. Container security initiative.
``70122. Civil penalty.''.
(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70122''.
(3) Section 70119(a) of such title, as redesignated by
subsection (a)(1) of this section, is amended--
(A) by striking ``under section 70119,'' and
inserting ``under section 70122,''; and
(B) by striking ``under section 70120,'' and
inserting ``under that section,''.
(4) Section 111 of the Maritime Transportation Security Act
of 2002 is repealed.

SEC. 509. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

Section 70116 of title 46, United States Code, is amended--
(1) by striking ``transportation.'' in subsection (a) and
inserting ``transportation--
``(1) to ensure the security and integrity of shipments of
goods to the United States from the point at which such goods
are initially packed or loaded into a cargo container for
international shipment until they reach their ultimate
destination; and
``(2) to facilitate the movement of such goods through the
entire supply chain through an expedited security and clearance
program.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Program Elements.--In establishing and conducting the program
under subsection (a) the Secretary, acting through the Commissioner of
Customs and Border Protection, shall--
``(1) establish standards and procedures for verifying, at
the point at which goods are placed in a cargo container for
shipping, that the container is free of unauthorized hazardous
chemical, biological, or nuclear material and for securely
sealing such containers after the contents are so verified;
``(2) establish standards and procedures for screening and
evaluating cargo prior to loading in a foreign port for
shipment to the United States either directly or via a foreign
port;
``(3) establish standards and procedures for securing cargo
and monitoring that security while in transit;
``(4) develop performance standards to enhance the physical
security of shipping containers, including performance
standards for seals and locks;
``(5) establish standards and procedures for allowing the
United States Government to ensure and validate compliance with
this program; and
``(6) incorporate any other measures the Secretary considers
necessary to ensure the security and integrity of international
intermodal transport movements.
``(c) Benefits From Participation.--The Commissioner of Customs and
Border Protection may provide expedited clearance of cargo to an entity
that--
``(1) meets or exceeds the standards established under
subsection (b); and
``(2) certifies the security of its supply chain not less
often than once every 2 years to the Secretary.''.

SEC. 510. PORT SECURITY USER FEE STUDY.

The Secretary of Homeland Security shall conduct a study of the
need for, and feasibility of, establishing a system of oceanborne and
port-related intermodal transportation user fees that could be imposed
and collected as a dedicated revenue source, on a temporary or
continuing basis, to provide necessary funding for the improvement and
maintenance of enhanced port security. Within 1 year after date of
enactment of this Act, the Secretary shall submit a report to the
Senate Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security that--
(1) contains the Secretary's findings, conclusions, and
recommendations (including legislative recommendations if
appropriate); and
(2) includes an assessment of the annual amount of customs
fees and duties collected through oceanborne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improve and maintain security.

SEC. 511. DEADLINE FOR TRANSPORTATION SECURITY CARDS.

The Secretary shall issue a final rule under section 70105 of title
46, United States Code, no later than January 1, 2007.

SEC. 512. PORT SECURITY GRANTS.

(a) Basis for Grants.--Section 70107(a) of title 46, United States
Code, is amended by striking ``for making a fair and equitable
allocation of funds'' and inserting ``based on risk and
vulnerability''.
(b) Eligible Costs.--Section 70107(b) of title 46, United States
Code, is amended by striking paragraph (1) and redesignating paragraphs
(2) through (4) as paragraphs (1) through (3), respectively.
(c) Letters of Intent.--Section 70107(e) of title 46, United States
Code, is amended by adding at the end the following:
``(5) Letters of intent.--The Secretary may execute letters
of intent to commit funding to port sponsors from the Fund.''.

SEC. 513. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM SECURITY
VALIDATION PROGRAM.

(a) In General.--Chapter 701 of title 46, United States Code, as
amended by section 508 of this title, is further amended--
(1) by redesignating section 70122 (as redesignated by
section 508(a)(3) of this title) as section 70123; and
(2) by inserting after section 70121 the following:
``Sec. 70122. Customs-Trade Partnership Against Terrorism validation
program.
``(a) Validation; Records Management.--The Secretary of Homeland
Security, through the Commissioner of Customs and Border Protection,
shall issue regulations--
``(1) to strengthen the validation process to verify that
security programs of members of the Customs-Trade Partnership
Against Terrorism have been implemented and that the program
benefits should continue by providing appropriate guidance to
specialists conducting such validations, including establishing
what level of review is adequate to determine whether member
security practices are reliable, accurate, and effective; and
``(2) to implement a records management system that
documents key decisions and significant operational events
accurately and in a timely manner, including a reliable system
for--
``(A) documenting and maintaining records of all
decisions in the application through validation
processes, including documentation of the objectives,
scope, methodologies, and limitations of validations;
and
``(B) tracking member status.
``(b) Human Capital Plan.--Within 6 months after the date of
enactment of the Transportation Security Improvement Act of 2005, the
Secretary shall complete a human capital plan, that clearly describes
how the Customs-Trade Partnership Against Terrorism program will
recruit, train, and retain sufficient staff to conduct the work of the
program successfully, including reviewing security profiles, vetting,
and conducting validations to mitigate program risk.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security to carry out section
70122 of title 49, United States Code, not to exceed--
(1) $60,000,000 for fiscal year 2007;
(2) $65,000,000 for fiscal year 2008; and
(3) $72,000,000 for fiscal year 2009.
(c) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, as amended by section 508(b) of this title,
is further amended by striking the item relating to section
70122 and inserting the following:

``70122. Customs-Trade Partnership Against Terrorism validation
program.
``70123. Civil penalty.''.
(2) Section 70117(a) and 70119(a) of title 46, United
States Code, as amended by section 508(b)(2) and (3),
respectively, of this Act, are each amended by striking
``section 70122,'' and inserting ``section 70123,''.

SEC. 514. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.

Section 70101(6) is amended by inserting after ``area.'' the
following: ``In this paragraph, the term `economic disruption' does not
include a work stoppage or other nonviolent employee-related action
resulting from an employee-employer dispute.''.

SEC. 515. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION SECURITY CARD.

Section 70105(c)(3) of title 46, United States Code, is amended by
inserting ``or a waiver under paragraph (2)'' after ``card''.

SEC. 516. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

Within 120 days after the date of enactment of this Act, the
Secretary of Homeland Security, acting through the Commissioner of
Customs and Border Protection, in coordination with the Secretary of
State, and their Canadian counterparts, shall develop a plan for the
inspection of passengers and vehicles before such passengers board, or
such vehicles are loaded onto, a ferry bound for a United States port.
Calendar No. 364

109th CONGRESS

2d Session

S. 1052

[Report No. 109-216]

_______________________________________________________________________

A BILL

To improve transportation security, and for other purposes.

_______________________________________________________________________

February 27, 2006

Reported with an amendment