S. 2412Senate109th Congress (2005-2007)In Committee

9/11 Commission Recommendations Implementation Act of 2006

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

March 14, 2006

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SenateIntro Referral

Introduced in Senate

March 14, 2006

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2126)

March 14, 2006

SenateIntro Referral

Read twice and referred to the Committee on Commerce, Science, and Transportation.

Commerce, Science, and Transportation Committee

March 14, 2006

Floor Debate

7 members

What members said about S. 2412 on the floor

3 Republicans4 Democrats

Sen. Joseph R. Biden Jr.D-DE · Mar 14, 2006

Mr. President, today, I am introducing the 9/11 Commission Recommendations Implementation Act of 2006. This legislation will provide $41.625 billion over the next 10 years to help ensure that we…

Mr. President, today, I am introducing the 9/11 Commission Recommendations Implementation Act of 2006. This legislation will provide $41.625 billion over the next 10 years to help ensure that we implement the recommendations of the 9/11 Commission.

Back in July of 2004, the 9/11 Commission--with distinguished bipartisan leadership from former Republican Governor Tom Kean and former Congressman Lee Hamilton--issued its report with recommendations of what the government should do to help better protect the Nation.

Nearly a year and a half later, they issued a so-called report card to tell us how well the government had been doing at implementing their recommendations.

Well, it doesn't look good. That report card was riddled with Cs, Ds, Fs, and incompletes.

Most Americans believe that we've taken the obvious steps to close the gaps in our homeland defense. They believe that at the very least, we have a plan, that we've set priorities, and that we know what the next steps are.

But, let me quote from the Commission's report card from December on what we've done to assess the risks and vulnerabilities of our critical infrastructure--transportation, communications, and industrial assets.

Here's what they say--and I quote--``no risk and vulnerability assessments have actually been made. No national priorities are yet established. No recommendations have been made on the allocation of scarce resources. All key decisions on homeland security are at least a year away.''

We all remember 9/11, when we learned for the first time that local police, fire, and rescue units could not communicate with each other and could not communicate with Federal agencies. We saw how this inability probably resulted in many deaths that could have been prevented. Well, we learned during Hurricane Katrina that things are no better today. No better today.

The one place I think most Americans think we've probably done pretty well--passenger screening--actually got an ``F.'' The 9/11 commission reports stated that, in fact, ``few improvements have been made to the existing passenger screening system since right after 9/11.'' With respect to checked bag and cargo screening for commercial flights, the 9/11 Commission gave a score of ``D'', stating that ``improvements have not been made a priority by Congress or the Bush Administration.''

This is unacceptable. This Administration hasn't even filled in the very obvious gaps in our homeland defense. We haven't done it. We simply haven't done it.

The bill that I am introducing today will ensure that we address the most obvious gaps in our homeland defense. It begins with those areas where the Commission graded us and the President as ``F'' and ``D.'' And, it addresses those areas that were outside the scope of the report but are commonsense things that we should be doing, such as securing the rails and providing funding for local law enforcement.

And it's pretty basic. We have done nothing much to deal with the problems most Americans know relate to homeland security. We are safer but not nearly safe enough. The bipartisan commission that got great grades from everybody in the Nation felt compelled on their own dime, their own money, their own resources, not funded by the government, to continue to issue reports and to hold hearings. And they issued a report on December 5 that is, quite frankly, embarrassing and dangerous.

We can and we have to marshal all our country's resources in this struggle. Do you think that the American people would rather us spend this money on securing our ports, our chemical plants, our railroads, our cities, or give it back as a tax break for the wealthiest Americans? Given the choice, the American people said, let's make our streets safer. I'm confident they think we should make the country safer. This legislation will help take us down that path, and I urge my colleagues to support it.

Mr. President, two of the greatest challenges we face today are how to address the needs of post-conflict countries, and countries that are suffering from large-scale natural disasters. These are critical issues, and ones that we cannot afford to get

wrong--for the sake of the people living in those nations, and for the sake of our own security.

On the post-conflict front, a 2004 commission organized by the Center for Strategic and International Studies and the Association of the U.S. Army found, to no one's surprise, that ``failed states matter--for national security as well as for humanitarian reasons. If left to their own devices, such states can become sanctuaries for terrorist networks, organized crime and drug traffickers, as well as posing grave humanitarian challenges and threats to regional stability.''

The most obvious case in point is the reconstruction of Iraq. I've spent many hours on this floor, for three years, making clear that we have to get it right in Iraq. And in addition to Iraq, unfortunately, we can talk about many other states that are either unstable, or are tenuously recovering from past conflicts including Liberia, Afghanistan, East Timor, Kosovo, Haiti, and the Democratic Republic of Congo.

Earthquakes, floods, drought and landslides often have the most dire impacts in developing countries that are the least equipped to respond. The countries ravaged by the 2004 tsunami are on a path to recovery, but there is still a long way to go: Indonesia lost over 150,000 people, with half a million left homeless. In India, almost 20,000 people lost their lives and 2.79 million people were affected, losing homes, land, and livestock. The tsunami set back the Maldives twenty years in development, eviscerating the country's economic backbone and tourism industry.

Recent years also saw devastating natural disasters in other parts of the world. Earthquakes in Iran affected more than 30,000 people. Catastrophic floods in Bangladesh left thousands dead and hundreds of thousands homeless. Recurring droughts in Afghanistan left over 130,000 people--some 92 percent of the population--in need of food or aid.

We need comprehensive--and creative--strategies to address the need to rebuild in countries on the rebound from conflicts or natural disasters. One such strategy is to tap into the store of human as well as financial resources here in the United States. We should allow, and indeed encourage, immigrants to use their skills, talents, and knowledge to help rebuild their native lands. In fact, the diaspora presents one of the best collective resources that exists: these individuals know the communities. They know the culture. They know the language--more than any contractors and more than any humanitarian workers from the outside, no matter how well trained or how much expertise they may have.

So today, I am introducing legislation that would create a ``Return of Talent'' visa program.

The idea is simple: a Return of Talent program would allow legal immigrants in the United States to return home to help with reconstruction efforts. ``Legal Permanent Residents'' will be able to return temporarily to their countries after a conflict or a significant natural disaster to help rebuild, without their time out of the United States affecting their ability to meet the requirements for U.S. citizenship.

Under current law, a Legal Permanent Resident who wants to apply for U.S. citizenship is required to be physically present in the United States for at least half of the five years immediately preceding the date of filing the naturalization application.

This residency requirement could be particularly difficult to meet for those who may have family and friends in their country of origin who are in desperate need of help. We should not stand in their way of returning, allowing them to bring their talent and expertise home, helping them help others at a time of greatest need.

Press articles have highlighted stories of such individuals-- engineers, bankers, teachers and translators--who are willing to contribute to reconstruction efforts. They simply cannot do so without jeopardizing their immigration status.

This legislation would encourage those skilled and committed individuals to return to their countries of origin to revive the business, industry, agriculture, education, health and other sectors that have been weakened or destroyed after years of conflict or devastating disasters.

The Return of Talent program would include any individual who demonstrates an ability and willingness to make a material contribution to the post-conflict or natural disaster reconstruction in their country of origin.

The program would apply to immigrants from countries where U.S. armed forces have engaged in armed conflict or peacekeeping, or countries where the United Nations Security Council has authorized peacekeeping operations in the past ten years. Immigrants from countries which received funding from the U.S. Office of Foreign Disaster Assistance also would be eligible to participate in the program.

Estimates of individuals who could participate in this program are relatively low. For example, the United States admitted 2,137 Afghani and 3,494 Iraqi immigrants in 2004 who are now Legal Permanent Residents eligible to pursue U.S. citizenship. Immigrants from Indonesia numbered 2,418 and Bangladesh, 8,061 in the same year. Yet, while the program would have a small impact on the U.S. naturalization process, the contributions of even a few hundred individuals could have a tremendous positive effect on reconstruction work.

In simple terms, a Return of Talent program makes sense. Everybody wins: The United States is able to support badly needed rebuilding efforts without increasing foreign aid; immigrants are able to use their skills and resources to help communities without jeopardizing their immigration status; and the people recovering from conflict and disaster receive much-needed assistance.

A Return of Talent program is an important piece of our overall strategy to stabilize and rebuild countries torn by conflict and devastated by natural disaster. I urge my colleagues to support this legislation.

I ask unanimous consent that the text of the bill be printed in the Record.

Sen. Gordon H. SmithR-OR · Mar 14, 2006

Mr. President, today I am proud to join with my colleagues, Senators Bingaman, Clinton and Nelson, to introduce the Home and Community Based Services Copayment Equity Act of 2006. This important…

Mr. President, today I am proud to join with my colleagues, Senators Bingaman, Clinton and Nelson, to introduce the Home and Community Based Services Copayment Equity Act of 2006. This important piece of legislation addresses a significant oversight in the Medicare Part D prescription drug benefit. While nearly 22 million seniors now have access to affordable prescription drug coverage under the program, many of the most vulnerable Medicare beneficiaries are being charged unnecessary copayments simply based upon how they choose to receive their long-term care services.

Under current law, dual eligible Medicare beneficiaries, those who qualify for both Medicaid and Medicare coverage, receive a subsidy from the government to pay the benefit's required $250 deductible. These individuals also qualify for reduced copayments for both generic and brand named drugs in the amount of one and three dollars respectively. If a dual-eligible beneficiary receives long-term care services in an institutional setting, such as a nursing home, he or she is exempt from paying the required copayment. Congress decided to provide this assistance because dual-eligible beneficiaries residing in nursing homes live off of very limited incomes. For instance, in Oregon the personal needs allowance beneficiaries receive each month for incidentals, including medications, is only $30. As many institutionalized beneficiaries are on multiple medications, they would not be able to meet their share of drug costs.

This is the very reason Congress provided institutionalized dual- eligible beneficiaries with an exemption from all copayments under Medicare Part D. However, many dual eligible beneficiaries choose to receive long-term care services in home or community-based settings, such as assisted living or resident care program facilities. Almost all states have chosen to establish Home and Community Based Services Medicaid demonstration projects that have expanded access to community based alternatives to an even greater number of low-income elderly Americans. The State of Oregon operates one of the Nation's most successful HCS waivers, serving approximately 23,500 dual eligible beneficiaries this year. My State has a thriving community based care industry that has provided many dual eligible Oregonians the freedom to choose the care setting that best meets their own physical and social needs.

While dual eligible beneficiaries are exempted from prescription drug copayments under Medicare Part D, those choosing community based alternatives are required to pay them. This is despite the fact that beneficiaries choosing community based care options typically live off of the same limited incomes as those residing in nursing homes. Despite the fact that some States provide HCS beneficiaries a larger personal stipend each month, they may have greater financial demands. At the end of the day, they are in no better position to pay the costs of prescription drugs than those beneficiaries living in nursing homes.

I should also note that their less restrictive living environments may require them to take additional medications to support their daily routines. It is not uncommon for dual eligible beneficiaries in community-based care settings to be on 8 to 10 medications at a given time. At that level, even minimal copayments create a significant financial burden to these individuals.

The current dual-eligible copayment exemption policy is not only creating inequity in Medicare Part D, it is potentially restricting access to life-saving medications. This is certainly not what Congress intended when it created the new prescription drug benefit, especially for this incredibly vulnerable population. If Congress does not act quickly to extend the exemption to dual eligible beneficiaries in community based care, individuals may begin to gravitate toward institutional options simply because they can have their drugs costs paid in those settings. I believe we need to do everything possible to support choice in long-term care, and by applying the current institutional copayment exemption more uniformly, Congress will ensure the Medicare drug benefit does not adversely affect beneficiaries choices.

I ask my colleagues to improve the fairness of the Medicare prescription drug benefit for all dual eligible beneficiaries by supporting the Home and Community Based Copayment Equity Act. I hope you will join me in calling for its quick passage in the Senate.

Sen. Joseph R. Biden Jr.D-DE · Mar 14, 2006

Mr. President, today, I am introducing the 9/11 Commission Recommendations Implementation Act of 2006. This legislation will provide $41.625 billion over the next 10 years to help ensure that we…

Nearly a year and a half later, they issued a so-called report card to tell us how well the government had been doing at implementing their recommendations.

Well, it doesn't look good. That report card was riddled with Cs, Ds, Fs, and incompletes.

This is unacceptable. This Administration hasn't even filled in the very obvious gaps in our homeland defense. We haven't done it. We simply haven't done it.

Sen. Barack ObamaD-IL · Mar 14, 2006

Mr. President, I rise to speak in favor of a bill I am proud to introduce today with Senators Bayh, Kerry, and Carper to help close the tax gap by improving the reporting of capital gains income.…

Mr. President, I rise to speak in favor of a bill I am proud to introduce today with Senators Bayh, Kerry, and Carper to help close the tax gap by improving the reporting of capital gains income. This bill requires brokerage firms and mutual fund companies to track and report the adjusted cost basis of their clients' stock, bond, and mutual fund investments.

This bill is a simple, commonsense solution to a serious problem. Many taxpayers have a hard enough time filing their taxes. One of the most complex parts of an individual's tax return is the schedule for capital gains income. And what makes capital gains particularly difficult is the challenge of figuring out the adjusted basis of a security that has been sold.

Many taxpayers do not have the proper records or they don't know how to calculate adjusted basis for a stock that has split or been exchanged as part of a company's merger or acquisition. And right now, the IRS does not have the ability to monitor the accuracy of taxpayer calculations. As a result, there is a risk of error or fraud. In some cases, taxpayers may end up paying too much in taxes. More often, they report too little income and pay too little in taxes.

In 2001, the IRS estimated that underreporting cost the Treasury $11 billion annually. Today the loss is even greater.

Because the IRS fails to collect these funds, the taxes that the rest of us have to pay are greater than they should be. Most people pay their taxes honestly and follow the law to the best of their ability. But a small number of tax frauds--who often owe great amounts of taxes--cheat the system. And it's hard now for the IRS to stop them.

This bill makes it easier to stop them and it helps reduce the amount of Federal tax dollars that the IRS fails to collect each year. Brokerage firms and mutual fund companies will be required to keep track of a taxpayer's cost basis and to report that information to the IRS. This will make it easier for honest taxpayers to calculate their taxable capital gain, and harder for dishonest ones to lie about it. Based on information from the Taxpayer Advocate, reporting to the IRS can improve compliance of capital gains reporting from an estimated 50 percent today to 90 percent.

Fortunately, this new reporting requirement will not pose an undue burden to the financial firms affected. First, the firms will have plenty of time to put the necessary systems in place since the reporting requirement will not take effect until 2009, and then will only apply to securities acquired starting in 2008. Second, technology has made tracking by financial firms simple and efficient. More than 80 percent of all retail accounts already subscribe to a national reporting service for transferring basis information at a nominal cost per account. Finally, in cases where it is impossible to track basis, the Treasury Secretary may develop regulations to require alternative information.

It is estimated that $345 billion of Federal taxes goes uncollected each year. This bill doesn't solve that full problem, but it is a step in the right direction. It reduces the Federal deficit without raising taxes or cutting spending. It simplifies the tax filing process and reduces the chance of error or fraud. It applies what we know about the benefits of automatic reporting to the IRS--which is required now for wage income--to capital gains income as well.

This bill makes sense. It's good policy. I urge my colleagues to join me in supporting it and to helping to improve our tax code.

Sen. Hillary Rodham ClintonD-NY · Mar 14, 2006

Mr. President, today I rise to introduce bipartisan legislation with my colleagues Senators Smith, Nelson, and Bingaman to address yet another serious flaw in the Medicare prescription drug benefit…

On January 1, the new Medicare prescription drug benefit went into effect. Overnight, millions of seniors and disabled Americans found themselves thrown into a confusing and complex transition.

Some of our poorest and most vulnerable beneficiaries, those in assisted living facilities, have found themselves suddenly forced to produce co-payments to get the medications they need.

These are beneficiaries with serious mental illnesses who have been stabilized on medications, and people with developmental and physical disabilities who have little or no incomes and no way to afford the medicines that they depend on.

The bill we are introducing will fix this problem by waiving co- payments for this group of vulnerable beneficiaries in the same manner that these co-payments are already waived for Medicare beneficiaries in nursing homes.

This is just one of so many problems we have seen plaguing this program. I am working on all fronts to help Medicare beneficiaries weather this transition. Before this program went into effect, it was clear that those dually eligible for Medicare and Medicaid, our poorest and most vulnerable seniors and disabled, would have a particular challenge navigating this transition. I was very concerned that many of these Medicare recipients would walk up to their pharmacy counters on January 1 and be unable to get their prescriptions filled.

In anticipation of these problems, I introduced legislation in December to keep these Medicare recipients from falling through the cracks by stepping up outreach and education to pharmacists and providing reimbursement to pharmacists who are charged a transaction fee to access beneficiary information through Medicare. I also co- sponsored legislation to give Medicare beneficiaries more time to enroll in the new program.

And I issued a resource guide, now available in both English and Spanish, to help New Yorkers navigate this new program. To date more than 75,000 copies of the guide have been distributed.

Since the new program went into effect, I have repeatedly urged the Bush Administration to address the problems plaguing this program. And in January, I introduced comprehensive legislation along with several of my Senate colleagues, that includes my bill to help pharmacists help their customers, and makes the other fixes I have been calling for: provisions to improve outreach and education, fix problems with drug plans transition programs, protect the benefits of seniors who also have coverage from a retiree drug plan, and make sure that states and low income beneficiaries are reimbursed for excessive costs they have been forced to shoulder by the inept implementation of the new benefit.

We owe it to our seniors and disabled Americans to get this right. And I will keep fighting to ensure that we do.

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Sen. Rick SantorumR-PA · Mar 14, 2006

Mr. President, I rise today to offer remarks on legislation that I am introducing today here in the Senate. This legislation concerns the need to release military documents and photographs recovered…

Mr. President, I rise today to offer remarks on legislation that I am introducing today here in the Senate.

This legislation concerns the need to release military documents and photographs recovered in Iraq and Afghanistan. Specifically, the bill requires the Director of National Intelligence to make publicly available on an Internet website documents captured in Afghanistan or Iraq during Operation Desert Storm, Operation Enduring Freedom, or Operation Iraqi Freedom.

In my conversations with President Bush and Secretary of Defense Rumsfeld, I urged that efforts to examine these documents and photographs be accelerated. With U.S. and Coalition forces actively engaged in Iraq, the analysis and release of these documents should be made a top priority within the Department of Defense.

Recently, I gave a speech at the Valley Forge Military Academy in Pennsylvania concerning ongoing military operations in Iraq and detailed why we must prevail. In my speech, I noted that U.S. and Coalition forces are fighting the forces of Islamic fascism and those who seek to overthrow the values and beliefs that civilized nations cherish. In short, this is a battle we cannot afford to lose.

By way of background, The Weekly Standard published several articles detailing a number of these documents and the information contained within them which ``connect the dots'' between Saddam Hussein and the training of Islamic terrorists. Among the points highlighted in a recent The Weekly Standard article:

The photographs and documents on Iraqi training camps come

from a collection of some 2 million ``exploitable items''

captured in postwar Iraq and Afghanistan. They include

handwritten notes, typed documents, audiotapes, videotapes,

compact discs, floppy discs, and computer hard drives . . .

Nearly three years after the U.S. invasion of Iraq, only

50,000 of these 2 million ``exploitable items'' have been

thoroughly examined.

Many of the translated and analyzed documents were entered into a government database known as ``HARMONY.'' It is now 4 years since these documents were captured. I understand that previous requests to release information from the HARMONY database have been rejected or delayed. It is reasonable to assume that over the course of the last 4 years any actionable intelligence contained within these documents has already been exploited.

It is imperative that documents captured in Iraq which highlight the connections between Saddam Hussein's brutal regime and Islamic terrorists be released as soon as possible. These documents are increasingly necessary to help the American people understand both the reasons for our involvement in Iraq and the challenge of defending freedom and democracy.

However, in the interest of national security, the bill permits the Director of National Intelligence to withhold making a document publicly available--provided he informs the relevant congressional committees of the justification for not disclosing the document.

Sen. Bill NelsonD-FL · Mar 14, 2006

Mr. President, I am pleased to join my colleagues Senators Smith, Bingaman and Clinton as we introduce the Home and Community Services Co-payment Equity Act of 2006. For years now, I have advocated…

Mr. President, I am pleased to join my colleagues Senators Smith, Bingaman and Clinton as we introduce the Home and Community Services Co-payment Equity Act of 2006.

For years now, I have advocated providing seniors and the disabled with meaningful prescription drug coverage. No one in this country should ever have to choose between their meals and their medications. In 2003, Congress passed the Medicare Modernization Act, which created a Medicare prescription drug program. I did not support this legislation, because I believe it created a program that contains several major flaws. However, I think that our job now is to do our best to help beneficiaries by fixing the underlying law.

The Medicare prescription drug program exempts the lowest income nursing home residents from all prescription drug co-payments. However, it leaves out the equally vulnerable group of low-income beneficiaries who live in assisted living and other home and community-based facilities. These are often beneficiaries with serious mental illnesses who have been stabilized on medications, and people with developmental and physical disabilities who have little or no incomes and previously received prescription drug coverage under Medicaid.

In my home State of Florida, thousands of individuals with mental illnesses are integrated into community-based programs such as assisted-living facilities. Unfortunately, many patients in these facilities are forgoing their medications on account of the new Medicare co-payments. Reports also indicate that patients have been hospitalized because they have been unable to afford their essential medications due to the new cost-sharing requirements.

In response, we are introducing the Home and Community Services Co- payment Equity Act of 2006. The legislation would waive co-payments for low-income beneficiaries residing in assisted living and other home- and community-based facilities. This bill is a small step that will go a long way towards ensuring that low-income patients get their prescription drugs.

This issue boils down to just one goal--helping low-income seniors and people with disabilities afford the medications they need. I urge all of our colleagues, from both sides of the aisle, to join us in this vital effort.

Sen. Norm ColemanR-MN · Mar 14, 2006

Mr. President, I ask unanimous consent that the text of the bill which I am introducing today, the Foreign Investment Transparency and Security Act of 2006, be printed in the Record.

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Introduced in SenateIssued March 14, 2006

109th CONGRESS

2d Session

S. 2412

IN THE SENATE OF THE UNITED STATES

March 14, 2006

Mr. Biden introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To address homeland security issues relating to first responders, the Federal Bureau of Investigation, the use of technology, Federal, State, and local coordination, and critical infrastructure, and for other purposes.

Short title

This Act may be cited as the 9/11 Commission Recommendations Implementation Act of 2006.

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—Enhancing Law Enforcement and First Responders

Subtitle A—First Responders

Sec. 101. Findings.

Sec. 102. Restoration of justice assistance funding.

Sec. 103. COPS authorization of appropriations.

Sec. 104. State and local first responders authorization of appropriations.

Subtitle B—Federal Bureau of Investigation Enhancement

Sec. 120. Findings.

Sec. 121. Authorization for more agents.

Subtitle C—Utilizing Technology to Prevent and Respond to Terrorist Attacks and Natural Disasters

Sec. 141. Communications.

Sec. 142. Terrorist watch lists.

Subtitle D—Improving Planning and Coordination among Federal, State, and Local First Responders

Sec. 161. National response plan.

TITLE II—Critical infrastructure protection

Subtitle A—Comprehensive Critical Infrastructure Vulnerability Assessments

Sec. 201. Threat reductions.

Subtitle B—Rail Security

Sec. 221. Rail transportation security risk assessment.

Sec. 222. Rail security.

Sec. 223. Study of foreign rail transport security programs.

Sec. 224. Passenger, baggage, and cargo screening.

Sec. 225. Certain personnel limitations not to apply.

Sec. 226. Fire and life-safety improvements.

Sec. 227. Memorandum of understanding.

Sec. 228. Amtrak plan to assist families of passengers involved in rail passenger accidents.

Sec. 229. Systemwide Amtrak security upgrades.

Sec. 230. Freight and passenger rail security upgrades.

Sec. 231. Rail security research and development.

Sec. 232. Welded rail and tank car safety improvements.

Sec. 233. Northern border rail passenger report.

Sec. 234. Whistleblower protection program.

Subtitle C—Transportation of Hazardous Materials by Rail

Sec. 241. Findings.

Sec. 242. Definitions.

Sec. 243. Regulations for transport of extremely hazardous materials.

Sec. 244. Safety training.

Sec. 245. Research and development.

Sec. 246. Whistleblower protection.

Sec. 247. Penalties.

Subtitle D—Chemical Plant Security

Sec. 261. Plant security grants.

Subtitle E—Seaport Protection

Sec. 281. Findings.

Sec. 282. Port security grant funding.

Subtitle F—Bag Screening

Sec. 291. Checked bag screening.

Enhancing Law Enforcement and First Responders

First Responders

101.

Findings

Congress makes the following findings:

(1)

In a report entitled Emergency First Responders: Drastically Underfunded, Dangerously Unprepared, an independent task force sponsored by the Council on Foreign Relations found that America’s local emergency responders will always be the first to confront a terrorist incident and will play the central role in managing its immediate consequences. Their efforts in the first minutes and hours following an attack will be critical to saving lives, establishing order, and preventing mass panic. The United States has both a responsibility and a critical need to provide them with the equipment, training, and other resources necessary to do their jobs safely and effectively..

(2)

The task force further concluded that many State and local emergency responders, including police officers and firefighters, lack the equipment and training needed to respond effectively to a terrorist attack involving weapons of mass destruction.

(3)

The Federal Government has a responsibility to ensure that the people of the United States are protected to the greatest possible extent against a terrorist attack, especially an attack that utilizes nuclear, chemical, biological, or radiological weapons, and consequently, the Federal Government has a critical responsibility to address the equipment, training, and other needs of State and local first responders.

102.

Restoration of justice assistance funding

(a)

Sense of Congress

It is the sense of Congress that the President should request in the annual budget proposal, and Congress should appropriate, the full amount authorized to be appropriated in subsection (b).

(b)

Authorization of Appropriations

There are authorized to be appropriated for the Edward Byrne Memorial Justice Assistance Grant Program $900,000,000 for fiscal year 2007.

103.

COPS authorization of appropriations

In addition to any other amounts authorized to be appropriated, there are authorized to be appropriated to the Office of Community Oriented Policing Services $1,150,000,000, for fiscal year 2007.

104.

State and local first responders authorization of appropriations

In addition to any other amounts authorized to be appropriated, there are authorized to be appropriated, for each of the fiscal years 2007 through 2017—

(1)

$1,000,000,000 for the State Homeland Security Grant Program;

(2)

$1,000,000,000 for the Urban Area Security Initiative Grant Program; and

(3)

$600,000,000 for the Law Enforcement Terrorism Prevention Program.

Federal Bureau of Investigation Enhancement

120.

Findings

Congress finds the following:

(1)

Throughout its history, the Federal Bureau of Investigation has been an integral part of anti-crime investigatory efforts in the United States.

(2)

While the Federal Bureau of Investigation has increased its overall field agent numbers by more than 1,000 since pre-September 11, 2001, levels, it has increased its counter-terror agents by more than 2,000. While this staffing-up of increased resources for counter-terror investigations is necessary and proper, it has had the unintended consequence of precluding the Federal Bureau of Investigation from adequately and satisfactorily discharging its traditional anti-crime investigatory efforts.

(3)

The shift of the focus of the Federal Bureau of Investigation to counterterrorism has reduced the Bureau’s involvement in traditional crime investigations, including—

(A)

fewer agents to the successful High Intensity Drug Trafficking Area task forces;

(B)

fewer violent crime cases, as the Bureau has reduced the number of agents committed to Federal, State, and local task forces like the Safe Streets and Violent Crime Task Forces; and

(C)

fewer agents handling bank robbery and white collar crimes, which involve technical areas of investigative expertise that State and locals often lack.

(4)

Before September 11, 2001, the Federal Bureau of Investigation had 7,738 field agents fulfilling traditional anti-crime efforts. The President proposed a fiscal year 2006 budget with less than 6,700 field agents fulfilling these same functions.

(5)

The Federal Bureau of Investigation is thus faced with a gap of 1,000 field agents in its traditional anti-crime function, compromising the investigations the Federal Bureau of Investigation is able to undertake and to assist in conducting.

(6)

The traditional anti-crime investigations of the Federal Bureau of Investigation complement and assist investigations by State and local law enforcement around the country.

(7)

Through direct assistance and various joint task forces, the Federal Bureau of Investigation provides invaluable expertise and resources to help State and local law enforcement agencies combat criminal enterprises impacting their local communities.

(8)

The post-September 11, 2001, reprogramming of Federal Bureau of Investigation agents from criminal to counterterrorism investigations is occurring at the many State and local agencies that are facing tough budget cuts that is reducing their capacity to fight crime.

(9)

In a recent survey, 27 of 44 major urban police departments surveyed are experiencing a cop crunch. Cleveland, Ohio, has lost 250 officers in 2004, 15 percent of its force. New York City has lost 3,400 over the last 3 years. Pittsburgh, Pennsylvania, has lost 1/4 of its force, and Philadelphia has lost 2,000 officers.

(10)

Compounding the lack of local revenue many local jurisdictions are faced with since September 11, 2001, Federal financial assistance to local law enforcement has been reduced every year for the past 4 years.

(11)

The Federal Bureau of Investigation is charged with preventing terrorism and fighting traditional crime. In order for the Federal Bureau of Investigation to attain both critical goals, the Federal Bureau of Investigation needs an additional 1,000 agents to do the job.

121.

Authorization for more agents

There are authorized to be appropriated $160,000,000 for each of the fiscal years 2007 through 2011 to fund 1,000 Federal Bureau of Investigation field agents, in addition to the number of Federal Bureau of Investigation field agents serving on the date of enactment of this Act.

Utilizing Technology to Prevent and Respond to Terrorist Attacks and Natural Disasters

141.

Communications

There are authorized to be appropriated $1,000,000,000 for each of the fiscal years 2007 through 2011, to the Office of Community Oriented Policy Services for grants for interoperable communications technology.

142.

Terrorist watch lists

There are authorized to be appropriated $50,000,000 for fiscal year 2007, to the Federal Bureau of Investigation for the consolidation of terrorist watch lists by the Terrorist Screening Center.

Improving Planning and Coordination among Federal, State, and Local First Responders

161.

National response plan

(a)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall conduct a study and submit a report to Congress regarding any failures related to the use of the national response plan prepared under section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 312(6)).

(b)

Update of plan

(1)

In general

Not later than the earlier of the date that is 1 year after the date of enactment of this Act or the date that is 180 days after the submission of the report under subsection (a), the Secretary of Homeland Security shall conduct a review and update the national response plan prepared under section 502(6) of the Homeland Security Act of 2002 (6 U.S.C. 312(6)) to coordinate a response within 8 to 24 hours after the occurrence of a natural disaster or terrorist attack, utilizing State and local government resources.

(2)

Consultation

In conducting the study required by paragraph (1), the Secretary shall form a working group consisting of State and local law enforcement officials, State and local fire officials, local paramedics and other State and local emergency planners and practitioners as well as relevant Federal officials.

Critical infrastructure protection

Comprehensive Critical Infrastructure Vulnerability Assessments

201.

Threat reductions

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall conduct a study of and submit to Congress an unclassified report on the security vulnerability and a comprehensive threat reduction recommendations for each of the following areas:

(1)

Financial markets.

(2)

Chemical plants.

(3)

Nuclear plants.

(4)

Ports.

(5)

Transportation infrastructure.

(6)

Electricity grid.

(7)

Communications Systems.

(8)

Computer Networks.

(b)

Authorization of appropriations

There are authorized to be appropriated $80,000,000 for fiscal year 2007 to carry out this section.

Rail Security

221.

Rail transportation security risk assessment

(a)

In general

(1)

Vulnerability assessment

(A)

In general

The Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Secretary of Transportation, shall complete a vulnerability assessment of freight and passenger rail transportation (encompassing railroads, as that term is defined in section 20102(1) of title 49, United States Code).

(B)

Contents

The assessment under subparagraph (A) shall include—

(i)

identification and evaluation of critical assets and infrastructures;

(ii)

identification of threats to those assets and infrastructures;

(iii)

identification of vulnerabilities that are specific to the transportation of hazardous materials by railroad; and

(iv)

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.

(C)

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.

(2)

Recommendations

Based on the assessment conducted under paragraph (1), the Under Secretary, in consultation with the Secretary of Transportation, shall develop prioritized recommendations for improving rail security, including any recommendations the Under 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 Under 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 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 government to provide increased security support at high or severe threat levels of alert; and

(B)

a plan for coordinating rail security initiatives undertaken by the public and private sectors.

(b)

Consultation; Use of Existing Resources

In carrying out the assessment required by subsection (a)(1), the Under Secretary of Homeland Security for Border and Transportation 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 (including those within other agencies and offices within the Department of Homeland Security), and other relevant parties.

(c)

Report

(1)

Contents

Not later than 180 days after the date of enactment of this Act, the Under Secretary of Homeland Security for Border and Transportation Security shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the assessment and prioritized recommendations required by subsection (a) and an estimate of the cost to implement such recommendations.

(2)

Format

The Under Secretary may submit the report in both classified and redacted formats if the Under Secretary determines that such action is appropriate or necessary.

(d)

2-Year Updates

The Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the Secretary of Transportation, shall update the assessment and recommendations every 2 years and submit to the committees named in subsection (c)(1) a report, which may be submitted in both classified and redacted formats, containing the updated assessment and recommendations.

(e)

Authorization of Appropriations

There are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $5,000,000 for fiscal year 2007 for the purpose of carrying out this section.

222.

Rail security

(a)

Rail Police Officers

Section 28101 of title 49, United States Code, is amended by striking the rail carrier each place it appears and inserting any rail carrier.

(b)

Review of Rail Regulations

Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, shall review the 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.

223.

Study of foreign rail transport security programs

(a)

Requirement for Study

Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States 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.

(b)

Purpose

The purpose of the study completed under subsection (a) 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.

(c)

Report

The Comptroller General shall submit a report on the results of the study completed under subsection (a) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives. 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.

224.

Passenger, baggage, and cargo screening

(a)

Requirement for Study and Report

The Under Secretary of Homeland Security for Border and Transportation Security, in cooperation with the Secretary of Transportation, shall—

(1)

analyze the cost and feasibility of requiring security screening for passengers, baggage, and cargo on passenger trains; and

(2)

not later than 1 year after the date of enactment of this Act, report the results of the study, together with any recommendations that the Under Secretary may have for implementing a rail security screening program to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

(b)

Pilot Program

(1)

In general

As part of the study under subsection (a), the Under Secretary shall conduct a pilot program of random security screening of passengers and baggage at 5 passenger rail stations served by Amtrak that are selected by the Under Secretary.

(2)

Conduct of program

In conducting the pilot program, the Under Secretary shall—

(A)

test a wide range of explosives detection technologies, devices, and methods;

(B)

require that intercity rail passengers produce government-issued photographic identification that matches the name on the passenger’s tickets prior to boarding trains; and

(C)

attempt to give preference to locations at the highest risk of terrorist attack and achieve a distribution of participating train stations in terms of geographic location, size, passenger volume, and whether the station is used by commuter rail passengers as well as Amtrak passengers.

(c)

Authorization of Appropriations

There are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $5,000,000 for fiscal year 2007 to carry out this section.

225.

Certain personnel limitations not to apply

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, shall not apply to the extent that any such employees are responsible for implementing the provisions of this subtitle.

226.

Fire and life-safety improvements

(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, New York, Baltimore, Maryland, and Washington, District of Columbia.

(b)

Authorization of Appropriations

There are authorized to be appropriated 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)

$100,000,000 for fiscal year 2007;

(B)

$100,000,000 for fiscal year 2008;

(C)

$100,000,000 for fiscal year 2009;

(D)

$100,000,000 for fiscal year 2010; and

(E)

$170,000,000 for fiscal year 2011.

(2)

For the Baltimore & Potomac tunnel and the Union tunnel, together, to provide adequate drainage, ventilation, communication, lighting, and passenger egress upgrades—

(A)

$10,000,000 for fiscal year 2007;

(B)

$10,000,000 for fiscal year 2008;

(C)

$10,000,000 for fiscal year 2009;

(D)

$10,000,000 for fiscal year 2010; and

(E)

$17,000,000 for fiscal year 2011.

(3)

For the Washington, District of Columbia, Union Station tunnels to improve ventilation, communication, lighting, and passenger egress upgrades—

(A)

$8,000,000 for fiscal year 2007;

(B)

$8,000,000 for fiscal year 2008;

(C)

$8,000,000 for fiscal year 2009;

(D)

$8,000,000 for fiscal year 2010; and

(E)

$8,000,000 for fiscal year 2011.

(c)

Infrastructure Upgrades

There are authorized to be appropriated to the Secretary of Transportation $3,000,000 for fiscal year 2007 for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the Baltimore, Maryland, tunnels.

(d)

Availability of Appropriated Funds

Amounts appropriated 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, periodic status reports, and such other matters the Secretary determines appropriate.

(f)

Review of Plans

(1)

In general

The Secretary of Transportation shall complete the review of the plans required under subsection (e) and approve or disapprove the plans not later than 45 days after the date on which each such plan is submitted by Amtrak.

(2)

Deficient plans

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, not later than 30 days after receiving such notification, submit a modified plan for the Secretary’s review.

(3)

Review of modified plans

Not later than 15 days after receiving additional information on items previously included in the plan, and not later than 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 Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives 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 not later than 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 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 of the tunnels, if feasible.

227.

Memorandum of understanding

(a)

Memorandum of understanding

Not later than 60 days after the date of enactment of this Act, the Secretary of Transportation and the Secretary of Homeland Security shall execute a memorandum of agreement governing the roles and responsibilities 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,.

228.

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 new section:

24316.

Plan 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 enactment of this section, 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.

(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 shall 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 process 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 using suitably trained individuals to notify the families of the passengers before any public notice of the names of the passengers is provided.

(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—

(A)

consulted about the disposition of all remains and personal effects of the passenger within Amtrak’s control;

(B)

notified 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

(C)

notified 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 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.

(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, under the 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)

Authorization of Appropriations

There are authorized to be appropriated to the Secretary of Transportation for the use of Amtrak $500,000 for fiscal year 2007 to carry out this section. Amounts appropriated 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 address needs of families of passengers involved in rail passenger accidents.

229.

Systemwide Amtrak security upgrades

(a)

In General

Subject to subsection (c), the Under Secretary of Homeland Security for Border and Transportation Security is authorized to make grants, through the Secretary of Transportation, to Amtrak—

(1)

to secure major tunnel access points and ensure tunnel integrity in New York, New York, Baltimore, Maryland, and Washington, District of Columbia;

(2)

to secure Amtrak trains;

(3)

to secure Amtrak stations;

(4)

to obtain a watch list identification system approved by the Under 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 supplement salaries and benefits of authorized sworn law enforcement personnel of the Amtrak Police Department; and

(8)

to expand emergency preparedness efforts.

(b)

Conditions

The Secretary of Transportation may not disburse funds to Amtrak under subsection (a) unless the projects are contained in a systemwide security plan approved by the Under Secretary, in consultation with the Secretary of Transportation, and, for capital projects, meet the requirements of section 226(e)(2). The plan shall include appropriate measures to address security awareness, emergency response, and passenger evacuation training.

(c)

Equitable Geographic Allocation

The Under 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.

(d)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security—

(A)

$81,900,000 for fiscal year 2007 to carry out this section; and

(B)

$18,400,000 for each of the fiscal years 2007 through 2011, to carry out paragraphs (6) and (7) of subsection (a).

(2)

Availability

Amounts appropriated pursuant to this subsection shall remain available until expended.

230.

Freight and passenger rail security upgrades

(a)

Security Improvement Grants

The Under Secretary of Homeland Security for Border and Transportation Security 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 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 threats, including—

(1)

security and redundancy for critical communications, computer, and train control systems essential for secure rail operations;

(2)

accommodation of cargo or passenger screening equipment at the United States-Mexico border or the United States-Canada border;

(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 extremely hazardous materials (as defined in section 242) 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)

train tracking and interoperable communications systems that are coordinated to the maximum extent possible;

(10)

the hiring of additional police and security officers, including canine units; and

(11)

other improvements recommended by the reports submitted under subsections (c) and (d) of section 221, including infrastructure, facilities, and equipment upgrades.

(b)

Accountability

The Under Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this subtitle and the priorities and other criteria developed by the Under Secretary.

(c)

Equitable Allocation

The Under Secretary shall equitably distribute the funds authorized by this section, taking into account geographic location, and shall encourage non-Federal financial participation in awarding grants. With respect to grants for passenger rail security, the Under 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 229(b).

(e)

Allocation Between Railroads and Others

Unless as a result of the assessment required by section 201(a) the Under Secretary of Homeland Security for Border and Transportation 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 $65,000,000 to Amtrak; or

(2)

in excess of $100,000,000 for the purposes described in paragraphs (3) and (5) of subsection (a).

(f)

Authorization of Appropriations

There are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $350,000,000 for fiscal year 2007 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.

231.

Rail security research and development

(a)

Establishment of Research and Development Program

The Under Secretary of Homeland Security for Border and Transportation Security, in conjunction 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 and transmit information about the integrity of tank cars to the train crew;

(B)

research to improve tank car integrity, with a focus on tank cars that carry extremely hazardous materials (as defined in section 242); 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 recommended in reports submitted under section 221.

(b)

Coordination With Other Research Initiatives

(1)

In general

The Under Secretary of Homeland Security for Border and Transportation 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.

(2)

Agreement for implementation

The Under Secretary of Homeland Security for Border and Transportation Security 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—

(A)

is already sponsoring a research and development project in a similar area; or

(B)

has a unique facility or capability that would be useful in carrying out the project.

(c)

Accountability

The Under 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 Under Secretary.

(d)

Authorization of Appropriations

There are authorized to be appropriated to the Under Secretary of Homeland Security for Border and Transportation Security $50,000,000 in each of fiscal years 2007 and 2008 to carry out this section. Amounts appropriated pursuant to this subsection shall remain available until expended.

232.

Welded rail and tank car safety improvements

(a)

Track Standards

Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall—

(1)

require each track owner using continuous welded rail track to include procedures (in its procedures filed with the Administration under section 213.119 of title 49, Code of Federal Regulations) to improve the identification of cracks in rail joint bars;

(2)

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

(3)

establish a program to periodically review continuous welded rail joint bar inspection data from railroads and Administration track inspectors and, whenever the Administrator determines that it is necessary or appropriate, require railroads to increase the frequency or improve the methods of inspection of joint bars in continuous welded rail.

(b)

Tank Car Standards

The Administrator of the Federal Railroad Administration shall—

(1)

not later than 1 year after the date of enactment of this Act, validate the predictive model it is developing to quantify the relevant dynamic forces acting on railroad tank cars under accident conditions; and

(2)

not later than 18 months after the date of enactment of this Act, initiate a rulemaking to develop and implement appropriate design standards for pressurized tank cars.

(c)

Older Tank Car Impact Resistance Analysis and Report

Not later than 2 years after the date of enactment of this Act, the Administrator of the Federal Railroad Administration shall—

(1)

conduct a comprehensive analysis to determine the impact resistance of the steels in the shells of pressure tank cars constructed before 1989; and

(2)

submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report with recommendations for measures to eliminate or mitigate the risk of catastrophic failure.

233.

Northern border rail passenger report

Not later than 180 days after the date of enactment of this Act, the Under Secretary of Homeland Security for Border and Transportation Security, in consultation with the heads of other appropriate Federal departments and agencies and the National Railroad Passenger Corporation, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains—

(1)

a description of the system for screening passengers and baggage on passenger rail service between the United States and Canada;

(2)

an assessment of the 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 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 prescreened 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; and

(7)

a draft of any changes in Federal law necessary to provide for prescreening of such passengers and providing prescreened passenger lists to the Department of Homeland Security.

234.

Whistleblower protection program

(a)

In General

Subchapter I of chapter 201 of title 49, United States Code, is amended by inserting after section 20115 the following:

20116.

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 under 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 perceived threat to security;

(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

(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 such section 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), 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), 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) 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 20115 the following:

20116. Whistleblower protection for rail security matters.

Transportation of Hazardous Materials by Rail

241.

Findings

Congress makes the following findings:

(1)

Congress has specifically given the Department of Homeland Security, working in conjunction with the Department of Transportation and other Federal agencies, the primary authority for the security of the United States transportation sector, including passenger and freight rail.

(2)

This authority includes the responsibility to protect American citizens from terrorist incidents related to the transport by rail of extremely hazardous materials.

(3)

Federal agencies have determined that hazardous materials can be used as tools of destruction and terror and that extremely hazardous materials are particularly vulnerable to sabotage or misuse during transport.

(4)

The Federal Bureau of Investigation and the Central Intelligence Agency have found evidence suggesting that chemical tankers used to transport and store extremely hazardous chemicals have been targeted by terrorist groups.

(5)

Rail shipments of extremely hazardous materials are often routed through highly attractive targets and densely populated areas, including within a few miles of the White House and United States Capitol.

(6)

According to security experts, certain extremely hazardous materials present a mass casualty terrorist potential rivaled only by improvised nuclear devices, certain acts of bioterrorism, and the collapse of large occupied buildings.

(7)

A report by the Chlorine Institute found that a 90-ton rail tanker, if successfully targeted by an explosive device, could cause a catastrophic release of an extremely hazardous material, creating a toxic cloud 40 miles long and 10 miles wide.

(8)

The Environmental Protection Agency estimates that in an urban area a toxic cloud could extend for 14 miles.

(9)

The United States Naval Research Laboratories concluded that a toxic plume of this type, created while there was a public event on the National Mall, could kill or injure up to 100,000 people in less than 30 minutes.

(10)

According to security experts, rail shipments of extremely hazardous materials are particularly vulnerable and dangerous, however the Federal Government has made no material reduction in the inherent vulnerability of hazardous chemical targets inside the United States.

(11)

While the safety record related to rail shipments of hazardous materials is very good, recent accidental releases of extremely hazardous materials in rural South Carolina and San Antonio, Texas, demonstrate the fatal danger posed by extremely hazardous materials.

(12)

Security experts have determined that re-routing these rail shipments is the only way to immediately eliminate this danger in high threat areas, which currently puts hundreds of thousands of people at risk.

(13)

Security experts have determined that the primary benefit of re-routing the shipment of extremely hazardous materials is a reduction in the number of people that would be exposed to the deadly impact of the release due to an attack, and the principal cost would be the additional operating expense associated with possible increased mileage for the shipment of extremely hazardous materials.

(14)

Less than 5 percent of all hazardous materials shipped by rail will meet the definition of extremely hazardous materials under this Act.

242.

Definitions

In this subtitle, the following definitions apply:

(1)

Extremely hazardous material

The term extremely hazardous material means any chemical, toxin, or other material being shipped or stored in sufficient quantities to represent an acute health threat or have a high likelihood of causing injuries, casualties, or economic damage if successfully targeted by a terrorist attack, including materials that—

(A)

are—

(i)

toxic by inhalation;

(ii)

extremely flammable; or

(iii)

highly explosive;

(B)

contain high level nuclear waste; or

(C)

are otherwise designated by the Secretary as extremely hazardous.

(2)

High threat corridor

(A)

In general

The term high threat corridor means a geographic area that has been designated by the Secretary as particularly vulnerable to damage from the release of extremely hazardous materials, including—

(i)

large populations centers;

(ii)

areas important to national security;

(iii)

areas that terrorists may be particularly likely to attack; or

(iv)

any other area designated by the Secretary as vulnerable to damage from the rail shipment or storage of extremely hazardous materials.

(B)

Other areas

(i)

In general

Any city that is not designated as a high threat corridor under subparagraph (A) may file a petition with the Secretary to be so designated.

(ii)

Procedure

The Secretary shall establish, by rule, regulation, or order, procedures for petitions under clause (i), including—

(I)

designating the local official eligible to file a petition;

(II)

establishing the criteria a city shall include in a petition;

(III)

allowing a city to submit evidence supporting its petition; and

(IV)

requiring the Secretary to rule on the petition not later than 60 days after the date of submission of the petition.

(iii)

Notice

The Secretary’s decision regarding any petition under clause (i) shall be communicated to the requesting city, the Governor of the State in which the city is located, and the Senators and Members of the House of Representatives that represent the State in which the city is located.

(3)

Secretary

The term Secretary means the Secretary of Homeland Security or the Secretary’s designee.

(4)

Storage

The term storage means any temporary or long-term storage of extremely hazardous materials in rail tankers or any other medium utilized to transport extremely hazardous materials by rail.

243.

Regulations for transport of extremely hazardous materials

(a)

Purposes of regulations

The regulations issued under this section shall establish a national, risk-based policy for extremely hazardous materials transported by rail or being stored. To the extent the Secretary determines appropriate, the regulations issued under this section shall be consistent with other Federal, State, and local regulations and international agreements relating to shipping or storing extremely hazardous materials.

(b)

Issuance of regulations

Not later than 90 days after the date of enactment of this Act, the Secretary shall issue, after notice and opportunity for public comment, regulations concerning the rail shipment and storage of extremely hazardous materials by owners and operators of railroads. In developing such regulations, the Secretary shall consult with other Federal, State, and local government entities, security experts, representatives of the hazardous materials rail shipping industry, labor unions representing persons who work with hazardous materials in the rail shipping industry, and other interested persons, including private sector interest groups.

(c)

Requirements

The regulations issued under this section shall—

(1)

include a list of the high threat corridors designated by the Secretary;

(2)

contain the criteria used by the Secretary to determine whether an area qualifies as a high threat corridor;

(3)

include a list of extremely hazardous materials;

(4)

establish protocols for owners and operators of railroads that ship extremely hazardous materials regarding notifying all governors, mayors, and other designated officials and local emergency responders in a high threat corridor of the quantity and type of extremely hazardous materials that are transported by rail through the high threat corridor;

(5)

require reports regarding the transport by railroad of extremely hazardous materials by the Secretary to local governmental officials designated by the Secretary, and Local Emergency Planning Committees, established under the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. 11001 et seq.);

(6)

establish protocols for the coordination of Federal, State, and local law enforcement authorities in creating a plan to respond to a terrorist attack, sabotage, or accident involving a rail shipment of extremely hazardous materials that causes the release of such materials;

(7)

require that any rail shipment containing extremely hazardous materials be re-routed around any high threat corridor; and

(8)

establish standards for the Secretary to grant exceptions to the re-routing requirement under paragraph (7).

(d)

High threat corridors

(1)

In general

The criteria under subsection (c)(2) for determining whether an area qualifies as a high threat corridor may be the same criteria used for the distribution of funds under the Urban Area Security Initiative Program.

(2)

Initial list

If the Secretary is unable to complete the review necessary to determine which areas should be designated as high threat corridors within 90 days after the date of enactment of this Act, the initial list shall be the cities that received funding under the Urban Area Security Initiative Program in fiscal year 2004.

(e)

Extremely hazardous materials list

If the Secretary is unable to complete the review necessary to determine which materials should be designated extremely hazardous materials under subsection (c)(3) within 90 days of the date of enactment of this Act, the initial list shall include—

(1)

explosives classified as Class 1, Division 1.1, or Class 1, Division 1.2, under section 173.2 of title 49, Code of Federal Regulations, in a quantity greater than 500 kilograms;

(2)

flammable gasses classified as Class 2, Division 2.1, under section 173.2 of title 49, Code of Federal Regulations, in a quantity greater than 10,000 liters;

(3)

poisonous gasses classified as Class 2, Division 2.3, under section 173.2 of title 49, Code of Federal Regulations, that are also assigned to Hazard Zones A or B under section 173.116 of title 49, Code of Federal Regulations, in a quantity greater than 500 liters;

(4)

poisonous materials, other than gasses, classified as Class 6, Division 6.1, under section 173.2 of title 49, Code of Federal Regulations, that are also assigned to Hazard Zones A or B under section 173.116 of title 49, Code of Federal Regulations, in a quantity greater than 1,000 kilograms; and

(5)

anhydrous ammonia classified as Class 2, Division 2.2, under section 173.2 of title 49, Code of Federal Regulations, in a quantity greater than 1,000 kilograms.

(f)

Notification

(1)

In general

The protocols under subsection (c)(4) shall establish the required frequency of reporting by an owner and operator of a railroad to the Governors, Mayors, and other designated officials and local emergency responders in a high threat corridor.

(2)

Reports to secretary

The protocols under subsection (c)(4) shall require owners and operators of railroad to make annual reports to the Secretary regarding the transportation of extremely hazardous materials, and to make quarterly updates if there has been any significant change in the type, quantity, or frequency of shipments.

(3)

Considerations

In developing protocols under subsection (c)(4), the Secretary shall consider both the security needs of the United States and the interests of State and local governmental officials.

(g)

Reports

(1)

Frequency

(A)

In general

The Secretary shall make an annual report to local governmental officials and Local Emergency Planning Committees under subsection (c)(5).

(B)

Updates

If there has been any significant change in the type, quantity, or frequency of rail shipments in a geographic area, the Secretary shall make a quarterly update report to local governmental officials and Local Emergency Planning Committees in that geographic area.

(2)

Contents

Each report made under subsection (c)(5) shall incorporate information from the reports under subsection (c)(4) and shall include—

(A)

a good-faith estimate of the total number of rail cars containing extremely hazardous materials shipped through or stored in each metropolitan statistical area; and

(B)

if a release from a railcar carrying or storing extremely hazardous materials is likely to harm persons or property beyond the property of the owner or operator of the railroad, a risk management plan that provides—

(i)

a hazard assessment of the potential effects of a release of the extremely hazardous materials, including—

(I)

an estimate of the potential release quantities; and

(II)

a determination of the downwind effects, including the potential exposures to affected populations;

(ii)

a program to prevent a release of extremely hazardous materials, including—

(I)

security precautions;

(II)

monitoring programs; and

(III)

employee training measures utilized; and

(iii)

an emergency response program that provides for specific actions to be taken in response to the release of an extremely hazardous material, including procedures for informing the public and Federal, State, and local agencies responsible for responding to the release of an extremely hazardous material.

(h)

Transportation and storage of extremely hazardous materials through high threat corridors

(1)

In general

The standards for the Secretary to grant exceptions under subsection (c)(8) shall require a finding of special circumstances by the Secretary, including that—

(A)

the shipment originates in or is destined to the high threat corridor;

(B)

there is no practical alternate route;

(C)

there is an unanticipated, temporary emergency that threatens the lives of people in the high threat corridor; or

(D)

there would be no harm to persons or property beyond the property of the owner or operator of the railroad in the event of a successful terrorist attack on the shipment.

(2)

Practical alternate routes

Whether a shipper must utilize an interchange agreement or otherwise utilize a system of tracks or facilities owned by another operator shall not be considered by the Secretary in determining whether there is a practical alternate route under paragraph (1)(B).

(3)

Grant of exception

If the Secretary grants an exception under subsection (c)(8)—

(A)

the extremely hazardous material may not be stored in the high threat corridor, including under a leased track or rail siding agreement; and

(B)

the Secretary shall notify Federal, State, and local law enforcement and first responder agencies (including, if applicable, transit, railroad, or port authority agencies) within the high threat corridor.

244.

Safety training

(a)

Homeland security grant program

(1)

In general

The Secretary may award grants to local governments and owners and operators of railroads to conduct training regarding safety procedures for handling and responding to emergencies involving extremely hazardous materials.

(2)

Use of funds

Grants under this subsection may be used to provide training and purchase safety equipment for individuals who—

(A)

transport, load, unload, or are otherwise involved in the shipment of extremely hazardous materials;

(B)

would respond to an accident or incident involving a shipment of extremely hazardous materials; and

(C)

would repair transportation equipment and facilities in the event of such an accident or incident.

(3)

Application

A local government or owner or operator of a railroad desiring a grant under this subsection shall submit an application at such time, in such manner, and accompanied by such information as the Secretary may reasonably establish.

(4)

Authorization of appropriations

There are authorized to be appropriated $100,000,000 for each of the fiscal years 2007 through 2011 to carry out this subsection.

(b)

Railway hazmat training program

(1)

Program

Section 5116(j) of title 49, United States Code, is amended by adding at the end the following:

(6)

Railway hazmat training program

(A)

In general

In order to further the purposes of subsection (b), the Secretary of Transportation shall, subject to the availability of funds, make grants to national nonprofit employee organizations with experience in conducting training regarding the transportation of hazardous materials on railways for the purpose of training railway workers who are likely to discover, witness, or otherwise identify a release of extremely hazardous materials and to prevent or respond appropriately to the incident.

(B)

Delegation

The Secretary of Transportation shall delegate authority for the administration of the Railway Hazmat Training Program to the Director of the National Institute of Environmental Health Sciences under subsection (g). In administering the program under this paragraph, the Director of the National Institute of Environmental Health Sciences shall consult closely with the Secretary of Transportation and the Secretary of Homeland Security.

(2)

Authorization of appropriations

Section 5128 of title 49, United States Code, is amended by adding at the end the following:

(g)

Railway hazmat training program

There are authorized to be appropriated $10,000,000 for each of the fiscal years 2007 through 2011, to carry out section 5116(j)(6).

245.

Research and development

(a)

Transport

(1)

In general

Not later than 90 days after the date of enactment of this Act, the Secretary shall conduct a study of the benefits and availability of technology and procedures that may be utilized to—

(A)

reduce the likelihood of a terrorist attack on a rail shipment of extremely hazardous materials;

(B)

reduce the likelihood of a catastrophic release of extremely hazardous materials in the event of a terrorist attack; and

(C)

enhance the ability of first responders to respond to a terrorist attack on a rail shipment of extremely hazardous materials and other required activities in the event of such an attack.

(2)

Matters studied

The study conducted under this subsection shall include the evaluation of—

(A)

whether safer alternatives to 90-ton rail tankers exist;

(B)

the feasibility of requiring chemical shippers to electronically track the movements of all shipments of extremely hazardous materials and report this information to the Department of Homeland Security on an ongoing basis as such shipments are transported; and

(C)

the feasibility of utilizing fingerprint based access controls for all chemical conveyances.

(3)

Reporting

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress describing the findings of the study conducted under this subsection, which shall include recommendations and cost estimates for securing shipments of extremely hazardous materials.

(b)

Physical security

(1)

In general

Not later than 90 days after the date of enactment of this Act, the Secretary shall conduct a study of the physical security measures available for rail shipments of extremely hazardous materials that will reduce the risk of leakage or release in the event of a terrorist attack or sabotage.

(2)

Matters studied

The study conducted under this subsection shall consider the use of passive secondary containment of tanker valves, additional security force personnel, surveillance technologies, barriers, decoy rail cars, and methods to minimize delays during shipping.

(3)

Reporting

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress describing the findings of the study conducted under this subsection, which shall contain recommendations and cost estimates for securing shipments of extremely hazardous materials.

(c)

Leased track storage arrangements

(1)

In general

Not later than 90 days after enactment of this Act, the Secretary shall conduct a study of available alternatives to storing extremely hazardous materials in or on leased track facilities.

(2)

Matters studied

The study conducted under this subsection shall—

(A)

evaluate the extent of the use of leased track facilities and the security measures that should be taken to secure leased track facilities; and

(B)

assess means to limit the consequences of an attack on extremely hazardous materials stored on leased track facilities to nearby communities.

(3)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress describing the findings of the study conducted under this subsection, which shall contain recommendations and cost estimates for securing shipments of extremely hazardous materials.

246.

Whistleblower protection

(a)

Prohibition against discrimination

No owner or operator of a railroad may discharge or otherwise discriminate against any employee with respect to compensation, terms, conditions, or privileges of employment because the employee (or any person acting under the request of the employee) provided information to the Secretary, the Attorney General, or any Federal supervisory agency regarding a possible violation of any provision of this subtitle by the owner or operator of a railroad or any director, officer, or employee of an owner or operator of a railroad.

(b)

Enforcement

Any employee or former employee who believes that such employee has been discharged or discriminated against in violation of subsection (a) may file a civil action in the appropriate United States district court before the end of the 2-year period beginning on the date of such discharge or discrimination.

(c)

Remedies

If the district court determines that a violation has occurred, the court may order the owner or operator of a railroad that committed the violation to—

(1)

reinstate the employee to the employee's former position;

(2)

pay compensatory damages; or

(3)

take other appropriate actions to remedy any past discrimination.

(d)

Limitation

The protections of this section shall not apply to any employee who—

(1)

deliberately causes or participates in the alleged violation of law or regulation; or

(2)

knowingly or recklessly provides substantially false information to the Secretary, the Attorney General, or any Federal supervisory agency.

247.

Penalties

(a)

Right of action

(1)

In general

Any State or local government may bring a civil action in a United States district court for redress of injuries caused by a violation of this subtitle against any person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of extremely hazardous materials by rail and who violated this subtitle.

(2)

Relief

In an action under paragraph (1), a State or local government may seek, for each violation of this subtitle—

(A)

an order for injunctive relief; and

(B)

a civil penalty of not more than $1,000,000.

(b)

Administrative penalties

(1)

In general

The Secretary may issue an order imposing an administrative penalty of not more than $1,000,000 for each failure by a person (other than an individual) who transports, loads, unloads, or is otherwise involved in the shipping of extremely hazardous materials to comply with this subtitle.

(2)

Notice and hearing

Before issuing an order under paragraph (1), the Secretary shall provide the person who allegedly violated this subtitle—

(A)

written notice of the proposed order; and

(B)

the opportunity to request, not later than 30 days after the date on which the person received the notice, a hearing on the proposed order.

(3)

Procedures

Not later than 90 days after the date of enactment of this Act, the Secretary shall issue regulations establishing procedures for administrative hearings and the appropriate review of penalties issued under this subsection, including establishing deadlines.

Chemical Plant Security

261.

Plant security grants

There are authorized to be appropriated $15,000,000 for each of fiscal years 2007 through 2011, to the Secretary of Homeland Security to make grants for improving the security of chemical plants.

Seaport Protection

281.

Findings

Congress makes the following findings:

(1)

The United States port system is a vital artery of the economy of the United States. Almost 95 percent of all foreign trade passes through 1 or more of the 361 ports in the United States. Such seaports handle more than 2,000,000,000 tons of domestic and international freight each year of which has a value of more than $740,000,000. The shipment of cargo in vessels creates employment for 13,000,000 people within the United States.

(2)

The United States Coast Guard has estimated that, given this tremendous commerce, a terrorist attack shutting down a major port in the United States would have a $60,000,000 impact on the United States economy during the first 30 days after such an attack.

(3)

Although 6,000,000 cargo containers, each a possible hiding place for a bomb or other weapon, are off-loaded at ports in the United States each year, less than 1/10 of these containers are physically inspected. A container ship can carry as many as 3,000 containers, each one weighing up to 45,000 pounds, hundreds of which may be off-loaded at a port.

(4)

The United States Coast Guard has estimated that the maritime security requirements set for ports by the Maritime Transportation Security Act of 2002 (Public Law 107–295; 116 Stat. 2064), which are critical to protecting United States ports from a nuclear terrorist attack, will cost $5,400,000,000 to implement over a 10-year period.

282.

Port security grant funding

Section 70107(h) of title 46, United States Code, is amended to read as follows:

(h)

Authorization of Appropriations

There are authorized to be appropriated to the Secretary to carry out subsections (a) through (g) $1,000,000,000 for each of the fiscal years 2007 through 2011.

Bag Screening

291.

Checked bag screening

There are authorized to be appropriated $200,000,000 for each of the fiscal years 2007 through 2011, to the Transportation Security Administration to ensure adequate screening of all checked passenger luggage and cargo on commercial flights.