Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, the provisions included in the Commerce Committee title, title 13 of the substitute amendment, reflect the Commerce Committee's…
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, the provisions included in the Commerce Committee title, title 13 of the substitute amendment, reflect the Commerce Committee's relentless efforts to tackle emerging issues and building upon existing security transportation legislation. The provisions included in the Commerce title improve and enhance our security efforts across all modes: rail, truck, motor carrier, pipeline, and aviation.
Senator Stevens and I, and our colleagues on the Commerce Committee are no strangers to the issue of transportation security. In fact, the Commerce Committee responded and the Congress enacted immediately in the aftermath of the 9/11 attack landmark aviation and maritime security laws.
Last year, the Congress took its first step in 4 years, to significantly improve the Nation's transportation security system by enacting the Commerce Committee's SAFE Port Act, which strengthened the security of our Nation's ports and maritime vessels.
While significant in terms of the protections provided to our ports and maritime system, the Congress failed during conference to seize the opportunity to enact comprehensive transportation security legislation that would have addressed many of the gaps in other modes of the transportation system.
Today we begin to correct that shortcoming with the proposed legislation before us.
The Commerce title to the substitute amendment before the Senate addresses transportation security for our rail, motor carrier, and pipeline industries. The economic importance of these three industries can not be overstated.
While 95 percent of the Nation's cargo comes through our ports, our rail system and our motor carriers move these goods from our coasts and borders, through the interior of this country, to their final destinations. Together, these systems are the backbone that sustains our economy.
In terms of rail security, the Nation's 560-plus freight railroads own more than 140,000 miles of track over which nearly 30 million carloads are transported annually. This network transports 42 percent of all domestic intercity freight, the majority of coal used in electricity generation, more than 12 million trailers and containers, and two million carloads of chemicals. Meanwhile, U.S. trucking hauled 9.1 billion tons of freight and employed 5.6 million people in trucking related fields in 2003.
Equally important is the contribution that these modes make in moving passengers throughout our Nation. Approximately 24 million passengers ride Amtrak annually, and there are nearly 3.4 billion passenger and commuter rail trips in this country each year. Similarly, over-the-road buses transport approximately 600 million passengers annually and are the only viable means of public transportation for many people throughout the country.
The recent attacks on the passenger trains and transit systems in Madrid, London, and Mumbai all demonstrate that railroads and surface transportation systems are vulnerable targets for terrorists, and are a constant reminder of what can happen in our communities.
We must address the risks facing our essential surface and rail transportation systems here at home in a comprehensive and coordinated way before we become the next victim of a successful attack.
Toward this goal, Senator Stevens and I, along with Senators Lautenberg, Rockefeller, Kerry, Boxer, Snowe, Pryor, Carper, Dorgan, Hutchison, Klobuchar, Cantwell, and others, introduced the Surface Transportation and Rail Security Act of 2007, or STARS Act. This bill has 22 cosponsors to date.
The STARS Act incorporates updated versions of provisions within the Rail Security Act of 2004, which the Senate passed by unanimous consent in the 108th Congress, and the Senate version of the SAFE Port Act which we passed in the 109th Congress.
The Commerce Committee unanimously reported this bill along with S. 509, the Aviation Security Improvement Act, and S. 385, the Interoperable Emergency Communication Act, on February 13, 2007, and these provisions are included in the substitute amendment before us today as title 13.
The surface and rail provisions in title 13 require the Department of Homeland Security and the Transportation Security Administration to expand existing security initiatives and develop grant programs to assist private-sector surface transportation security efforts. The title authorizes $1.1 billion over fiscal years 2008 through 2011.
The rail title of the substitute amendment requires railroad risk assessments and plans for improving rail security. It also authorizes grants to Amtrak, freight railroads and others to upgrade passenger and freight rail security, undertake research and development, and improve tunnel security.
Additionally, the title encourages the deployment of rail car tracking equipment for high-hazard material shipments, requires railroads to create a railroad worker security-training program, and provides whistleblower protection for rail workers who report security concerns.
The surface transportation security provisions in title 13 of the substitute amendment promotes tracking technology for truck shipments of high-hazard materials and requires new guidance and assessments pertaining to hazardous materials truck routing.
The title also establishes programs for reviewing and enforcing hazardous materials and pipeline security plans and requires the TSA to develop pipeline incident recovery plans.
Additionally, the title authorizes the existing grant program for improving intercity bus and bus terminal security.
Finally, the title clarifies, at the TSA's request, the Secretary of Homeland Security's legal authority for initiating an administrative enforcement proceeding for violations of security regulations relating to nonaviation modes of transportation.
Regarding aviation security, title 13 addresses all the recommendations in the 9/11 Commission's report, including cargo and baggage screening, explosive detection at airport checkpoints, passenger prescreening, airport access controls, and general aviation security. The title requires the TSA to provide for the screening of all cargo being carried on commercial passenger aircraft within 3 years. The system must allow for a level of screening ``comparable'' to that of checked baggage screening and ensure the security of all cargo that is shipped on passenger aircraft.
The aviation provisions in title 13 advance the deployment of electronic Explosive Detection Systems, EDS, at airports across the nation by extending the Aviation Security Capital Fund that is used to integrate such machines into the baggage conveyor process.
The title also bolsters the existing grant program through changes in funding allocation requirements requiring a prioritized schedule for such projects that will increase flexibility for funding options.
Our legislation recognizes the threat presented by passengers transporting explosives through security checkpoints and promotes key changes to address this risk.
Title 13 requires the TSA to produce a strategic plan to deploy explosive detection equipment at airport checkpoints and fully implement that plan within 1 year of its submission. They must also provide specialized training to the screener workforce in the areas of behavior observation, and explosives detection. To address ongoing problems in developing an advanced passenger
prescreening system, the aviation provisions in title 13 would ensure a system is in place to coordinate passenger redress for those individuals misidentified against the ``no-fly'' or ``selectee'' watchlists. The TSA must also submit a strategic plan to Congress for the testing and implementation of its advanced passenger prescreening system.
To increase General Aviation, GA, security, the title will require a threat assessment program that is standardized and focused on GA facilities. It will further require foreign based GA aircraft entering U.S. airspace to have their passengers checked against appropriate watchlists to determine if there are any potential threats on board.
Title 13 of the substitute amendment includes a number of additional provisions that will take significant steps toward strengthening aviation security generally.
Title 13 will also authorize research and development spending for aviation security technology, remove the arbitrary cap of 45,000 full- time equivalent--FTE--employees currently imposed on the TSA's screener workforce, and mandate security rules for foreign aircraft repair stations.
In addition, this title will require the TSA to develop a system by which the Administrator will provide blast-resistant cargo containers to commercial passenger air carriers for use on a random or risk- assessed basis, implement a sterile area access system that will grant flight deck and cabin crews expedited access to secure areas through screening checkpoints, and require a doubling of the DHS's existing dog team capacity used for explosive detection across the Nation's transportation network.
In addition to transportation security, title 13 also includes the text of S. 385, the Interoperable Emergency Communications Act, which I introduced earlier this year with Senators Stevens, Kerry, Smith, and Snowe. Under the foresight and leadership of Senator Stevens, during the Deficit Reduction Act, the Commerce Committee created a new $1 billion fund administered by the National Telecommunications and Information Administration--NTIA--to support state and local first responders in their efforts to talk to one another during emergencies.
The interoperable provisions in title 13 provide congressional direction on the implementation of that fund.
Since its creation, NTIA has served as the principal telecommunications policy advisor to the Secretary of Commerce and the President, and manages the Federal Government's use of the radio spectrum.
In this capacity, NTIA has historically played an important role in assisting public safety personnel in improving communications interoperability and recognizing that effective solutions involve attention to issues of spectrum and government coordination as well as funding.
Today, our first responders continue to struggle in their efforts to improve the interoperability of their systems. The statutory guidance provided to NTIA in this legislation will help them in these efforts.
First, the provision would make clear that proposals to improve interoperable communications are not solely limited to systems or equipment that utilize new public safety spectrum that will be vacated following the digital television transition.
In a letter to the majority leader earlier this year, Mayor Bloomberg of New York City noted the significant efforts of his city to improve communications interoperability for first responders utilizing systems in other public safety spectrum bands, and urged Congress to eliminate the apparent eligibility restriction in current law. As a result, our provisions make clear that if the project will improve public safety interoperability, it is eligible for funding.
In addition, the provisions provide the NTIA Administrator to direct up to $100 million of these funds for the creation of State and Federal strategic technology reserves of communications equipment that can be readily deployed in the event that terrestrial networks fail in times of disaster.
Recently, an independent panel created by FCC Chairman Kevin Martin to review the impact of Hurricane Katrina on communications networks noted the impact that limited pre-positioning of communications equipment had in slowing the recovery process. As a result, these provisions will help to ensure that our focus on interoperability also considers the importance of communications redundancy and resiliency.
Second, the provisions ensure that funding allocations among the several States result in a fair distribution by requiring a base amount of funding--.75 percent--to be distributed to all States.
On top of these minimum allocations, the provision would further require that prioritization of these funds be based upon an ``all- hazards'' approach that recognizes the critical need for effective emergency communications in response to natural disasters, such as tsunami, earthquakes, hurricanes, and tornadoes, in addition to terrorist attacks.
Finally, NTIA's administration of the grant fund will not only help to integrate the disparate elements that must be a part of effective interoperability solutions, but will also ensure greater program transparency and oversight. Given the myriad of different grant programs administered by the Department of Homeland Security, it is critical that these funds--specifically allocated by Congress to speed up our efforts to improve communications interoperability for first responders--not get lost in the shuffle of other disaster and nondisaster grants.
As a result, the provisions not only devote NTIA's attention to the success of this program, but also require the inspector general of the Department of Commerce to annually review the administration of this program.
The terrorists that seek to do us harm are cunning, dynamic, and most of all, patient. While they have not successfully struck our homeland since September 11, 2001, it does not mean they are not preparing to do so.
They work 24 hours a day, studying every move we make, looking for some weakness to exploit. It is imperative that we stay ahead of them.
We must recruit, train, and deploy a skilled and dedicated security force. We must research and implement the most effective and cutting edge technologies to enhance the capabilities of that security force. And we must provide communications equipment to our first responders that is interoperable and accessible in the immediate aftermath of a disaster.
Simply put, our entire economy relies on a well-functioning, secure transportation system, and we must ensure that the system, and the passengers and cargo that use it, are well protected.
The steps we take in the coming months will impact our safety, security, and one of our most essential freedoms--movement--for years to come. We must commit ourselves to ensuring that our transportation security remains a priority and is as strong and effective as possible.
The provisions before the Senate this week that were reported out of the Commerce Committee make that commitment.
We have worked over the past several years with our colleagues and with the TSA and DHS and with the FCC and NTIA to address concerns, improve on initial efforts, and plan for the future. Now, it is time to act and to pass these provisions, so we can continue to move forward.
Madam President, I thank the chairman for his kind words.
I yield the floor.
Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
Madam President, I rise today to offer an amendment that incorporates Senator DeMint's amendment No. 279 regarding the Transportation Worker Identification Credential, known as TWIC.
I am pleased to advise my colleagues of this amendment. It is cosponsored by Senator Stevens, Senator Lieberman, and Senator Murray.
The amendment offered by Senator DeMint codifies in statute the list of permanent and interim disqualifying offenses for individuals applying for a TWIC that the Department of Homeland Security has already codified in final regulations this January.
While I understand Senator DeMint's desire to ensure we do not allow individuals who could pose a terrorism security risk to have access to our ports, Senator DeMint's language restricts the authority of the Secretary to identify, adopt, and modify criminal offenses that may pose a terrorist security threat.
We are all aware of the fact the war on terrorism continues to evolve with emerging threats. We need to ensure the Department has the flexibility to adjust their procedures accordingly. I, along with my fellow cosponsors, believe such a responsibility is best left to the intelligence, terrorist, and law enforcement experts at the Department of Homeland Security rather than Members of Congress. Therefore, this amendment preserves the authority of the Secretary to modify the offenses accordingly.
I ask my colleagues to support our amendment and help ensure we improve the security of our port facilities in a fair and effective manner.
Madam President, I call up my amendment.
Madam President, I suggest the absence of a quorum.
Mr. President, I concur with the statement just issued, and I suggest the absence of a quorum.
Mr. President, the amendment I introduced is not a second-degree amendment. However, it incorporates Senator DeMint's amendment.
It doesn't in any way minimize the matter of security. It just says the Secretary shall have flexibility with changing times. As we all concur, times do change.
Thirdly, in the other areas where security threats are common, such as airports, the Department of Transportation has not asked for anything like this, with no flexibility.
Fourth, if rules are to be made to differ from the present rules as set forth in the DeMint amendment and the Inouye amendment, it will have to go through the rulemaking process. I can assure my colleagues that we will not let felons be in charge of our security.
I thank the Chair.