II 

109TH CONGRESS 

2D SESSION S. 2412 

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. 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘9/11 Commission Rec5 ommendations Implementation Act of 2006’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


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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. 


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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. 

1 TITLE I—ENHANCING LAW EN2 FORCEMENT AND FIRST RE3 SPONDERS 

4 Subtitle A—First Responders 

5 SEC. 101. FINDINGS. 

6 Congress makes the following findings: 

7 (1) In a report entitled ‘‘Emergency First Re8 sponders: Drastically Underfunded, Dangerously 

9 Unprepared’’, an independent task force sponsored 

10 by the Council on Foreign Relations found that 

11 ‘‘America’s local emergency responders will always 

12 be the first to confront a terrorist incident and will 

13 play the central role in managing its immediate con14 sequences. Their efforts in the first minutes and 

15 hours following an attack will be critical to saving 

16 lives, establishing order, and preventing mass panic. 

17 The United States has both a responsibility and a 

18 critical need to provide them with the equipment, 

19 training, and other resources necessary to do their 

20 jobs safely and effectively.’’. 


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1 (2) The task force further concluded that many 

2 State and local emergency responders, including po3 lice officers and firefighters, lack the equipment and 

4 training needed to respond effectively to a terrorist 

5 attack involving weapons of mass destruction. 

6 (3) The Federal Government has a responsi7 bility to ensure that the people of the United States 

8 are protected to the greatest possible extent against 

9 a terrorist attack, especially an attack that utilizes 

10 nuclear, chemical, biological, or radiological weapons, 

11 and consequently, the Federal Government has a 

12 critical responsibility to address the equipment, 

13 training, and other needs of State and local first re14 sponders. 

15 SEC. 102. RESTORATION OF JUSTICE ASSISTANCE FUND16 ING. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that the President should request in the annual 

19 budget proposal, and Congress should appropriate, the full 

20 amount authorized to be appropriated in subsection (b). 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated for the Edward Byrne 

23 Memorial Justice Assistance Grant Program 

24 $900,000,000 for fiscal year 2007. 


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1 SEC. 103. COPS AUTHORIZATION OF APPROPRIATIONS. 

2 In addition to any other amounts authorized to be 

3 appropriated, there are authorized to be appropriated to 

4 the Office of Community Oriented Policing Services 

5 $1,150,000,000, for fiscal year 2007. 

6 SEC. 104. STATE AND LOCAL FIRST RESPONDERS AUTHOR7 IZATION OF APPROPRIATIONS. 

8 In addition to any other amounts authorized to be 

9 appropriated, there are authorized to be appropriated, for 

10 each of the fiscal years 2007 through 2017— 

11 (1) $1,000,000,000 for the State Homeland Se12 curity Grant Program; 

13 (2) $1,000,000,000 for the Urban Area Secu14 rity Initiative Grant Program; and 

15 (3) $600,000,000 for the Law Enforcement 

16 Terrorism Prevention Program. 

17 Subtitle B—Federal Bureau of 

18 Investigation Enhancement 

19 SEC. 120. FINDINGS. 

20 Congress finds the following: 

21 (1) Throughout its history, the Federal Bureau 

22 of Investigation has been an integral part of anti23 crime investigatory efforts in the United States. 

24 (2) While the Federal Bureau of Investigation 

25 has increased its overall field agent numbers by 

26 more than 1,000 since pre-September 11, 2001, levVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 els, it has increased its counter-terror agents by 

2 more than 2,000. While this staffing-up of increased 

3 resources for counter-terror investigations is nec4 essary and proper, it has had the unintended con5 sequence of precluding the Federal Bureau of Inves6 tigation from adequately and satisfactorily dis7 charging its traditional anti-crime investigatory ef8 forts. 

9 (3) The shift of the focus of the Federal Bu10 reau of Investigation to counterterrorism has re11 duced the Bureau’s involvement in traditional crime 

12 investigations, including— 

13 (A) fewer agents to the successful High In14 tensity Drug Trafficking Area task forces; 

15 (B) fewer violent crime cases, as the Bu16 reau has reduced the number of agents com17 mitted to Federal, State, and local task forces 

18 like the Safe Streets and Violent Crime Task 

19 Forces; and 

20 (C) fewer agents handling bank robbery 

21 and white collar crimes, which involve technical 

22 areas of investigative expertise that State and 

23 locals often lack. 

24 (4) Before September 11, 2001, the Federal 

25 Bureau of Investigation had 7,738 field agents fulVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 filling traditional anti-crime efforts. The President 

2 proposed a fiscal year 2006 budget with less than 

3 6,700 field agents fulfilling these same functions. 

4 (5) The Federal Bureau of Investigation is thus 

5 faced with a gap of 1,000 field agents in its tradi6 tional anti-crime function, compromising the inves7 tigations the Federal Bureau of Investigation is able 

8 to undertake and to assist in conducting. 

9 (6) The traditional anti-crime investigations of 

10 the Federal Bureau of Investigation complement and 

11 assist investigations by State and local law enforce12 ment around the country. 

13 (7) Through direct assistance and various joint 

14 task forces, the Federal Bureau of Investigation pro15 vides invaluable expertise and resources to help 

16 State and local law enforcement agencies combat 

17 criminal enterprises impacting their local commu18 nities. 

19 (8) The post-September 11, 2001, reprogram20 ming of Federal Bureau of Investigation agents 

21 from criminal to counterterrorism investigations is 

22 occurring at the many State and local agencies that 

23 are facing tough budget cuts that is reducing their 

24 capacity to fight crime. 


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1 (9) In a recent survey, 27 of 44 major urban 

2 police departments surveyed are experiencing a ‘‘cop 

3 crunch’’. Cleveland, Ohio, has lost 250 officers in 

4 2004, 15 percent of its force. New York City has 

5 lost 3,400 over the last 3 years. Pittsburgh, Pennsylvania, has lost 1 6 ⁄4 of its force, and Philadelphia 

7 has lost 2,000 officers. 

8 (10) Compounding the lack of local revenue 

9 many local jurisdictions are faced with since Sep10 tember 11, 2001, Federal financial assistance to 

11 local law enforcement has been reduced every year 

12 for the past 4 years. 

13 (11) The Federal Bureau of Investigation is 

14 charged with preventing terrorism and fighting tra15 ditional crime. In order for the Federal Bureau of 

16 Investigation to attain both critical goals, the Fed17 eral Bureau of Investigation needs an additional 

18 1,000 agents to do the job. 

19 SEC. 121. AUTHORIZATION FOR MORE AGENTS. 

20 There are authorized to be appropriated 

21 $160,000,000 for each of the fiscal years 2007 through 

22 2011 to fund 1,000 Federal Bureau of Investigation field 

23 agents, in addition to the number of Federal Bureau of 

24 Investigation field agents serving on the date of enactment 

25 of this Act. 


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1 Subtitle C—Utilizing Technology to 

2 Prevent and Respond to Ter3 rorist Attacks and Natural Dis4 asters 

5 SEC. 141. COMMUNICATIONS. 

6 There are authorized to be appropriated 

7 $1,000,000,000 for each of the fiscal years 2007 through 

8 2011, to the Office of Community Oriented Policy Services 

9 for grants for interoperable communications technology. 

10 SEC. 142. TERRORIST WATCH LISTS. 

11 There are authorized to be appropriated $50,000,000 

12 for fiscal year 2007, to the Federal Bureau of Investiga13 tion for the consolidation of terrorist watch lists by the 

14 Terrorist Screening Center. 

15 Subtitle D—Improving Planning 

16 and Coordination Among Fed17 eral, State, and Local First Re18 sponders 

19 SEC. 161. NATIONAL RESPONSE PLAN. 

20 (a) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the Secretary of Homeland Secu22 rity shall conduct a study and submit a report to Congress 

23 regarding any failures related to the use of the national 

24 response plan prepared under section 502(6) of the Home25 land Security Act of 2002 (6 U.S.C. 312(6)). 


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1 (b) UPDATE OF PLAN.— 

2 (1) IN GENERAL.—Not later than the earlier of 

3 the date that is 1 year after the date of enactment 

4 of this Act or the date that is 180 days after the 

5 submission of the report under subsection (a), the 

6 Secretary of Homeland Security shall conduct a re7 view and update the national response plan prepared 

8 under section 502(6) of the Homeland Security Act 

9 of 2002 (6 U.S.C. 312(6)) to coordinate a response 

10 within 8 to 24 hours after the occurrence of a nat11 ural disaster or terrorist attack, utilizing State and 

12 local government resources. 

13 (2) CONSULTATION.—In conducting the study 

14 required by paragraph (1), the Secretary shall form 

15 a working group consisting of State and local law 

16 enforcement officials, State and local fire officials, 

17 local paramedics and other State and local emer18 gency planners and practitioners as well as relevant 

19 Federal officials. 


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1 TITLE II—CRITICAL 

2 INFRASTRUCTURE PROTECTION 

3 Subtitle A—Comprehensive Critical 

4 Infrastructure Vulnerability As5 sessments 

6 SEC. 201. THREAT REDUCTIONS. 

7 (a) IN GENERAL.—Not later than 1 year after the 

8 date of enactment of this Act, the Secretary of Homeland 

9 Security shall conduct a study of and submit to Congress 

10 an unclassified report on the security vulnerability and a 

11 comprehensive threat reduction recommendations for each 

12 of the following areas: 

13 (1) Financial markets. 

14 (2) Chemical plants. 

15 (3) Nuclear plants. 

16 (4) Ports. 

17 (5) Transportation infrastructure. 

18 (6) Electricity grid. 

19 (7) Communications Systems. 

20 (8) Computer Networks. 

21 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated $80,000,000 for fiscal 

23 year 2007 to carry out this section. 


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1 Subtitle B—Rail Security 

2 SEC. 221. RAIL TRANSPORTATION SECURITY RISK ASSESS3 MENT. 

4 (a) IN GENERAL.— 

5 (1) VULNERABILITY ASSESSMENT.— 

6 (A) IN GENERAL.—The Under Secretary of 

7 Homeland Security for Border and Transpor8 tation Security, in consultation with the Sec9 retary of Transportation, shall complete a vul10 nerability assessment of freight and passenger 

11 rail transportation (encompassing railroads, as 

12 that term is defined in section 20102(1) of title 

13 49, United States Code). 

14 (B) CONTENTS.—The assessment under 

15 subparagraph (A) shall include— 

16 (i) identification and evaluation of 

17 critical assets and infrastructures; 

18 (ii) identification of threats to those 

19 assets and infrastructures; 

20 (iii) identification of vulnerabilities 

21 that are specific to the transportation of 

22 hazardous materials by railroad; and 

23 (iv) identification of security weak24 nesses in passenger and cargo security, 

25 transportation infrastructure, protection 


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1 systems, procedural policies, communica2 tions systems, employee training, emer3 gency response planning, and any other 

4 area identified by the assessment. 

5 (C) EXISTING PRIVATE AND PUBLIC SEC6 TOR EFFORTS.—The assessment shall take into 

7 account actions taken or planned by both public 

8 and private entities to address identified secu9 rity issues and assess the effective integration 

10 of such actions. 

11 (2) RECOMMENDATIONS.—Based on the assess12 ment conducted under paragraph (1), the Under 

13 Secretary, in consultation with the Secretary of 

14 Transportation, shall develop prioritized rec15 ommendations for improving rail security, including 

16 any recommendations the Under Secretary has for— 

17 (A) improving the security of rail tunnels, 

18 rail bridges, rail switching and car storage 

19 areas, other rail infrastructure and facilities, in20 formation systems, and other areas identified 

21 by the Under Secretary as posing significant 

22 rail-related risks to public safety and the move23 ment of interstate commerce, taking into ac24 count the impact that any proposed security 


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1 measure might have on the provision of rail 

2 service; 

3 (B) deploying equipment to detect explo4 sives and hazardous chemical, biological, and 

5 radioactive substances, and any appropriate 

6 countermeasures; 

7 (C) training employees in terrorism pre8 vention, passenger evacuation, and response ac9 tivities; 

10 (D) conducting public outreach campaigns 

11 on passenger railroads; 

12 (E) deploying surveillance equipment; and 

13 (F) identifying the immediate and long14 term costs of measures that may be required to 

15 address those risks. 

16 (3) PLANS.—The report required by subsection 

17 (c) shall include— 

18 (A) a plan, developed in consultation with 

19 the freight and intercity passenger railroads, 

20 and State and local governments, for the gov21 ernment to provide increased security support 

22 at high or severe threat levels of alert; and 

23 (B) a plan for coordinating rail security 

24 initiatives undertaken by the public and private 

25 sectors. 


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1 (b) CONSULTATION; USE OF EXISTING RE2 SOURCES.—In carrying out the assessment required by 

3 subsection (a)(1), the Under Secretary of Homeland Secu4 rity for Border and Transportation Security shall consult 

5 with rail management, rail labor, owners or lessors of rail 

6 cars used to transport hazardous materials, first respond7 ers, shippers of hazardous materials, public safety officials 

8 (including those within other agencies and offices within 

9 the Department of Homeland Security), and other rel10 evant parties. 

11 (c) REPORT.— 

12 (1) CONTENTS.—Not later than 180 days after 

13 the date of enactment of this Act, the Under Sec14 retary of Homeland Security for Border and Trans15 portation Security shall submit to the Committee on 

16 Commerce, Science, and Transportation of the Sen17 ate and the Committee on Transportation and Infra18 structure of the House of Representatives a report 

19 containing the assessment and prioritized rec20 ommendations required by subsection (a) and an es21 timate of the cost to implement such recommenda22 tions. 

23 (2) FORMAT.—The Under Secretary may sub24 mit the report in both classified and redacted forVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 mats if the Under Secretary determines that such 

2 action is appropriate or necessary. 

3 (d) 2-YEAR UPDATES.—The Under Secretary of 

4 Homeland Security for Border and Transportation Secu5 rity, in consultation with the Secretary of Transportation, 

6 shall update the assessment and recommendations every 

7 2 years and submit to the committees named in subsection 

8 (c)(1) a report, which may be submitted in both classified 

9 and redacted formats, containing the updated assessment 

10 and recommendations. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Under Secretary 

13 of Homeland Security for Border and Transportation Se14 curity $5,000,000 for fiscal year 2007 for the purpose of 

15 carrying out this section. 

16 SEC. 222. RAIL SECURITY. 

17 (a) RAIL POLICE OFFICERS.—Section 28101 of title 

18 49, United States Code, is amended by striking ‘‘the rail 

19 carrier’’ each place it appears and inserting ‘‘any rail car20 rier’’. 

21 (b) REVIEW OF RAIL REGULATIONS.—Not later than 

22 1 year after the date of enactment of this Act, the Sec23 retary of Transportation, in consultation with the Under 

24 Secretary of Homeland Security for Border and Transpor25 tation Security, shall review the rail regulations of the DeVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 partment of Transportation for the purpose of identifying 

2 areas in which those regulations need to be revised to im3 prove rail security. 

4 SEC. 223. STUDY OF FOREIGN RAIL TRANSPORT SECURITY 

5 PROGRAMS. 

6 (a) REQUIREMENT FOR STUDY.—Not later than 1 

7 year after the date of enactment of this Act, the Comp8 troller General of the United States shall complete a study 

9 of the rail passenger transportation security programs 

10 that are carried out for rail transportation systems in 

11 Japan, member nations of the European Union, and other 

12 foreign countries. 

13 (b) PURPOSE.—The purpose of the study completed 

14 under subsection (a) shall be to identify effective rail 

15 transportation security measures that are in use in foreign 

16 rail transportation systems, including innovative measures 

17 and screening procedures determined effective. 

18 (c) REPORT.—The Comptroller General shall submit 

19 a report on the results of the study completed under sub20 section (a) to the Committee on Commerce, Science, and 

21 Transportation of the Senate and the Committee on 

22 Transportation and Infrastructure of the House of Rep23 resentatives. The report shall include the Comptroller 

24 General’s assessment regarding whether it is feasible to 

25 implement within the United States any of the same or 


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1 similar security measures that are determined effective 

2 under the study. 

3 SEC. 224. PASSENGER, BAGGAGE, AND CARGO SCREENING. 

4 (a) REQUIREMENT FOR STUDY AND REPORT.—The 

5 Under Secretary of Homeland Security for Border and 

6 Transportation Security, in cooperation with the Secretary 

7 of Transportation, shall— 

8 (1) analyze the cost and feasibility of requiring 

9 security screening for passengers, baggage, and 

10 cargo on passenger trains; and 

11 (2) not later than 1 year after the date of en12 actment of this Act, report the results of the study, 

13 together with any recommendations that the Under 

14 Secretary may have for implementing a rail security 

15 screening program to the Committee on Commerce, 

16 Science, and Transportation of the Senate and the 

17 Committee on Transportation and Infrastructure of 

18 the House of Representatives. 

19 (b) PILOT PROGRAM.— 

20 (1) IN GENERAL.—As part of the study under 

21 subsection (a), the Under Secretary shall conduct a 

22 pilot program of random security screening of pas23 sengers and baggage at 5 passenger rail stations 

24 served by Amtrak that are selected by the Under 

25 Secretary. 


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1 (2) CONDUCT OF PROGRAM.—In conducting the 

2 pilot program, the Under Secretary shall— 

3 (A) test a wide range of explosives detec4 tion technologies, devices, and methods; 

5 (B) require that intercity rail passengers 

6 produce government-issued photographic identi7 fication that matches the name on the pas8 senger’s tickets prior to boarding trains; and 

9 (C) attempt to give preference to locations 

10 at the highest risk of terrorist attack and 

11 achieve a distribution of participating train sta12 tions in terms of geographic location, size, pas13 senger volume, and whether the station is used 

14 by commuter rail passengers as well as Amtrak 

15 passengers. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to the Under Secretary 

18 of Homeland Security for Border and Transportation Se19 curity $5,000,000 for fiscal year 2007 to carry out this 

20 section. 

21 SEC. 225. CERTAIN PERSONNEL LIMITATIONS NOT TO 

22 APPLY. 

23 Any statutory limitation on the number of employees 

24 in the Transportation Security Administration of the De25 partment of Transportation, before or after its transfer 


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1 to the Department of Homeland Security, shall not apply 

2 to the extent that any such employees are responsible for 

3 implementing the provisions of this subtitle. 

4 SEC. 226. FIRE AND LIFE-SAFETY IMPROVEMENTS. 

5 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans6 portation is authorized to make grants to Amtrak for the 

7 purpose of making fire and life-safety improvements to 

8 Amtrak tunnels on the Northeast Corridor in New York, 

9 New York, Baltimore, Maryland, and Washington, Dis10 trict of Columbia. 

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Secretary of 

13 Transportation for the purposes of carrying out subsection 

14 (a) the following amounts: 

15 (1) For the 6 New York tunnels to provide ven16 tilation, electrical, and fire safety technology up17 grades, emergency communication and lighting sys18 tems, and emergency access and egress for pas19 sengers— 

20 (A) $100,000,000 for fiscal year 2007; 

21 (B) $100,000,000 for fiscal year 2008; 

22 (C) $100,000,000 for fiscal year 2009; 

23 (D) $100,000,000 for fiscal year 2010; and 

24 (E) $170,000,000 for fiscal year 2011. 


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1 (2) For the Baltimore & Potomac tunnel and 

2 the Union tunnel, together, to provide adequate 

3 drainage, ventilation, communication, lighting, and 

4 passenger egress upgrades— 

5 (A) $10,000,000 for fiscal year 2007; 

6 (B) $10,000,000 for fiscal year 2008; 

7 (C) $10,000,000 for fiscal year 2009; 

8 (D) $10,000,000 for fiscal year 2010; and 

9 (E) $17,000,000 for fiscal year 2011. 

10 (3) For the Washington, District of Columbia, 

11 Union Station tunnels to improve ventilation, com12 munication, lighting, and passenger egress up13 grades— 

14 (A) $8,000,000 for fiscal year 2007; 

15 (B) $8,000,000 for fiscal year 2008; 

16 (C) $8,000,000 for fiscal year 2009; 

17 (D) $8,000,000 for fiscal year 2010; and 

18 (E) $8,000,000 for fiscal year 2011. 

19 (c) INFRASTRUCTURE UPGRADES.—There are au20 thorized to be appropriated to the Secretary of Transpor21 tation $3,000,000 for fiscal year 2007 for the preliminary 

22 design of options for a new tunnel on a different alignment 

23 to augment the capacity of the Baltimore, Maryland, tun24 nels. 


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1 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

2 Amounts appropriated pursuant to this section shall re3 main available until expended. 

4 (e) PLANS REQUIRED.—The Secretary of Transpor5 tation may not make amounts available to Amtrak for ob6 ligation or expenditure under subsection (a)— 

7 (1) until Amtrak has submitted to the Sec8 retary, and the Secretary has approved, an engineer9 ing and financial plan for such projects; and 

10 (2) unless, for each project funded pursuant to 

11 this section, the Secretary has approved a project 

12 management plan prepared by Amtrak addressing 

13 appropriate project budget, construction schedule, 

14 recipient staff organization, document control and 

15 record keeping, change order procedure, quality con16 trol and assurance, periodic plan updates, periodic 

17 status reports, and such other matters the Secretary 

18 determines appropriate. 

19 (f) REVIEW OF PLANS.— 

20 (1) IN GENERAL.—The Secretary of Transpor21 tation shall complete the review of the plans re22 quired under subsection (e) and approve or dis23 approve the plans not later than 45 days after the 

24 date on which each such plan is submitted by Am25 trak. 


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1 (2) DEFICIENT PLANS.—If the Secretary deter2 mines that a plan is incomplete or deficient, the Sec3 retary shall notify Amtrak of the incomplete items 

4 or deficiencies and Amtrak shall, not later than 30 

5 days after receiving such notification, submit a 

6 modified plan for the Secretary’s review. 

7 (3) REVIEW OF MODIFIED PLANS.—Not later 

8 than 15 days after receiving additional information 

9 on items previously included in the plan, and not 

10 later than 45 days after receiving items newly in11 cluded in a modified plan, the Secretary shall either 

12 approve the modified plan, or, if the Secretary finds 

13 the plan is still incomplete or deficient, the Secretary 

14 shall identify in writing to the Committee on Com15 merce, Science, and Transportation of the Senate 

16 and the Committee on Transportation and Infra17 structure of the House of Representatives the por18 tions of the plan the Secretary finds incomplete or 

19 deficient, approve all other portions of the plan, obli20 gate the funds associated with those other portions, 

21 and execute an agreement with Amtrak not later 

22 than 15 days thereafter on a process for resolving 

23 the remaining portions of the plan. 

24 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN25 NEL USERS.—The Secretary shall, taking into account the 


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1 need for the timely completion of all portions of the tunnel 

2 projects described in subsection (a)— 

3 (1) consider the extent to which rail carriers 

4 other than Amtrak use the tunnels; 

5 (2) consider the feasibility of seeking a financial 

6 contribution from those other rail carriers toward 

7 the costs of the projects; and 

8 (3) obtain financial contributions or commit9 ments from such other rail carriers at levels reflect10 ing the extent of their use of the tunnels, if feasible. 

11 SEC. 227. MEMORANDUM OF UNDERSTANDING. 

12 (a) MEMORANDUM OF UNDERSTANDING.—Not later 

13 than 60 days after the date of enactment of this Act, the 

14 Secretary of Transportation and the Secretary of Home15 land Security shall execute a memorandum of agreement 

16 governing the roles and responsibilities of the Department 

17 of Transportation and the Department of Homeland Secu18 rity, respectively, in addressing railroad transportation se19 curity matters, including the processes the departments 

20 will follow to promote communications, efficiency, and 

21 nonduplication of effort. 

22 (b) RAIL SAFETY REGULATIONS.—Section 20103(a) 

23 of title 49, United States Code, is amended by striking 

24 ‘‘safety’’ the first place it appears, and inserting ‘‘safety, 

25 including security,’’. 


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1 SEC. 228. AMTRAK PLAN TO ASSIST FAMILIES OF PAS2 SENGERS INVOLVED IN RAIL PASSENGER AC3 CIDENTS. 

4 (a) IN GENERAL.—Chapter 243 of title 49, United 

5 States Code, is amended by adding at the end the fol6 lowing new section: 

7 ‘‘§ 24316. Plan to address needs of families of pas8 sengers involved in rail passenger acci9 dents 

10 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 

11 months after the date of enactment of this section, Am12 trak shall submit to the Chairman of the National Trans13 portation Safety Board and the Secretary of Transpor14 tation a plan for addressing the needs of the families of 

15 passengers involved in any rail passenger accident involv16 ing an Amtrak intercity train and resulting in a loss of 

17 life. 

18 ‘‘(b) CONTENTS OF PLANS.—The plan to be sub19 mitted by Amtrak under subsection (a) shall include, at 

20 a minimum, the following: 

21 ‘‘(1) A process by which Amtrak shall maintain 

22 and provide to the National Transportation Safety 

23 Board and the Secretary of Transportation, imme24 diately upon request, a list (which is based on the 

25 best available information at the time of the request) 

26 of the names of the passengers aboard the train 


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1 (whether or not such names have been verified), and 

2 will periodically update the list. The process shall in3 clude a procedure, with respect to unreserved trains 

4 and passengers not holding reservations on other 

5 trains, for Amtrak to use reasonable efforts to ascer6 tain the number and names of passengers aboard a 

7 train involved in an accident. 

8 ‘‘(2) A plan for creating and publicizing a reli9 able, toll-free telephone number within 4 hours after 

10 such an accident occurs, and for providing staff, to 

11 handle calls from the families of the passengers. 

12 ‘‘(3) A process using suitably trained individ13 uals to notify the families of the passengers before 

14 any public notice of the names of the passengers is 

15 provided. 

16 ‘‘(4) A process for providing the notice de17 scribed in paragraph (2) to the family of a pas18 senger as soon as Amtrak has verified that the pas19 senger was aboard the train (whether or not the 

20 names of all of the passengers have been verified). 

21 ‘‘(5) A process by which the family of each pas22 senger will be— 

23 ‘‘(A) consulted about the disposition of all 

24 remains and personal effects of the passenger 

25 within Amtrak’s control; 


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1 ‘‘(B) notified that any possession of the 

2 passenger within Amtrak’s control will be re3 turned to the family unless the possession is 

4 needed for the accident investigation or any 

5 criminal investigation; and 

6 ‘‘(C) notified that any unclaimed posses7 sion of a passenger within Amtrak’s control will 

8 be retained by the rail passenger carrier for at 

9 least 18 months. 

10 ‘‘(6) A process by which the treatment of the 

11 families of nonrevenue passengers will be the same 

12 as the treatment of the families of revenue pas13 sengers. 

14 ‘‘(7) An assurance that Amtrak will provide 

15 adequate training to its employees and agents to 

16 meet the needs of survivors and family members fol17 lowing an accident. 

18 ‘‘(c) USE OF INFORMATION.—The National Trans19 portation Safety Board, the Secretary of Transportation, 

20 and Amtrak may not release to any person information 

21 on a list obtained under subsection (b)(1) but may provide 

22 information on the list about a passenger to the family 

23 of the passenger to the extent that the Board or Amtrak 

24 considers appropriate. 


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1 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not 

2 be liable for damages in any action brought in a Federal 

3 or State court arising out of the performance of Amtrak 

4 in preparing or providing a passenger list, or in providing 

5 information concerning a train reservation, under the plan 

6 submitted by Amtrak under subsection (b), unless such 

7 liability was caused by Amtrak’s conduct. 

8 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 

9 Nothing in this section may be construed as limiting the 

10 actions that Amtrak may take, or the obligations that Am11 trak may have, in providing assistance to the families of 

12 passengers involved in a rail passenger accident. 

13 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary of 

15 Transportation for the use of Amtrak $500,000 for fiscal 

16 year 2007 to carry out this section. Amounts appropriated 

17 pursuant to this subsection shall remain available until ex18 pended.’’. 

19 (b) CONFORMING AMENDMENT.—The chapter anal20 ysis for chapter 243 of title 49, United States Code, is 

21 amended by adding at the end the following: 

‘‘24316. Plan to address needs of families of passengers involved in rail passenger accidents.’’. 

22 SEC. 229. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

23 (a) IN GENERAL.—Subject to subsection (c), the 

24 Under Secretary of Homeland Security for Border and 


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1 Transportation Security is authorized to make grants, 

2 through the Secretary of Transportation, to Amtrak— 

3 (1) to secure major tunnel access points and en4 sure tunnel integrity in New York, New York, Balti5 more, Maryland, and Washington, District of Co6 lumbia; 

7 (2) to secure Amtrak trains; 

8 (3) to secure Amtrak stations; 

9 (4) to obtain a watch list identification system 

10 approved by the Under Secretary; 

11 (5) to obtain train tracking and interoperable 

12 communications systems that are coordinated to the 

13 maximum extent possible; 

14 (6) to hire additional police and security offi15 cers, including canine units; 

16 (7) to supplement salaries and benefits of au17 thorized sworn law enforcement personnel of the 

18 Amtrak Police Department; and 

19 (8) to expand emergency preparedness efforts. 

20 (b) CONDITIONS.—The Secretary of Transportation 

21 may not disburse funds to Amtrak under subsection (a) 

22 unless the projects are contained in a systemwide security 

23 plan approved by the Under Secretary, in consultation 

24 with the Secretary of Transportation, and, for capital 

25 projects, meet the requirements of section 226(e)(2). The 


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1 plan shall include appropriate measures to address secu2 rity awareness, emergency response, and passenger evacu3 ation training. 

4 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The 

5 Under Secretary shall ensure that, subject to meeting the 

6 highest security needs on Amtrak’s entire system, stations 

7 and facilities located outside of the Northeast Corridor re8 ceive an equitable share of the security funds authorized 

9 by this section. 

10 (d) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—There are authorized to be 

12 appropriated to the Under Secretary of Homeland 

13 Security for Border and Transportation Security— 

14 (A) $81,900,000 for fiscal year 2007 to 

15 carry out this section; and 

16 (B) $18,400,000 for each of the fiscal 

17 years 2007 through 2011, to carry out para18 graphs (6) and (7) of subsection (a). 

19 (2) AVAILABILITY.—Amounts appropriated pur20 suant to this subsection shall remain available until 

21 expended. 

22 SEC. 230. FREIGHT AND PASSENGER RAIL SECURITY UP23 GRADES. 

24 (a) SECURITY IMPROVEMENT GRANTS.—The Under 

25 Secretary of Homeland Security for Border and TransporVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 tation Security is authorized to make grants to freight 

2 railroads, the Alaska Railroad, hazardous materials ship3 pers, owners of rail cars used in the transportation of haz4 ardous materials, universities, colleges and research cen5 ters, State and local governments (for passenger facilities 

6 and infrastructure not owned by Amtrak), and, through 

7 the Secretary of Transportation, to Amtrak, for full or 

8 partial reimbursement of costs incurred in the conduct of 

9 activities to prevent or respond to acts of terrorism, sabo10 tage, or other intercity passenger rail and freight rail secu11 rity threats, including— 

12 (1) security and redundancy for critical commu13 nications, computer, and train control systems essen14 tial for secure rail operations; 

15 (2) accommodation of cargo or passenger 

16 screening equipment at the United States-Mexico 

17 border or the United States-Canada border; 

18 (3) the security of hazardous material transpor19 tation by rail; 

20 (4) secure intercity passenger rail stations, 

21 trains, and infrastructure; 

22 (5) structural modification or replacement of 

23 rail cars transporting extremely hazardous materials 

24 (as defined in section 242) to improve their resist25 ance to acts of terrorism; 


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1 (6) employee security awareness, preparedness, 

2 passenger evacuation, and emergency response train3 ing; 

4 (7) public security awareness campaigns for 

5 passenger train operations; 

6 (8) the sharing of intelligence and information 

7 about security threats; 

8 (9) train tracking and interoperable commu9 nications systems that are coordinated to the max10 imum extent possible; 

11 (10) the hiring of additional police and security 

12 officers, including canine units; and 

13 (11) other improvements recommended by the 

14 reports submitted under subsections (c) and (d) of 

15 section 221, including infrastructure, facilities, and 

16 equipment upgrades. 

17 (b) ACCOUNTABILITY.—The Under Secretary shall 

18 adopt necessary procedures, including audits, to ensure 

19 that grants made under this section are expended in ac20 cordance with the purposes of this subtitle and the prior21 ities and other criteria developed by the Under Secretary. 

22 (c) EQUITABLE ALLOCATION.—The Under Secretary 

23 shall equitably distribute the funds authorized by this sec24 tion, taking into account geographic location, and shall en25 courage non-Federal financial participation in awarding 


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1 grants. With respect to grants for passenger rail security, 

2 the Under Secretary shall also take into account passenger 

3 volume and whether a station is used by commuter rail 

4 passengers as well as intercity rail passengers. 

5 (d) CONDITIONS.—The Secretary of Transportation 

6 may not disburse funds to Amtrak under subsection (a) 

7 unless Amtrak meets the conditions set forth in section 

8 229(b). 

9 (e) ALLOCATION BETWEEN RAILROADS AND OTH10 ERS.—Unless as a result of the assessment required by 

11 section 201(a) the Under Secretary of Homeland Security 

12 for Border and Transportation Security determines that 

13 critical rail transportation security needs require reim14 bursement in greater amounts to any eligible entity, no 

15 grants under this section may be made— 

16 (1) in excess of $65,000,000 to Amtrak; or 

17 (2) in excess of $100,000,000 for the purposes 

18 described in paragraphs (3) and (5) of subsection 

19 (a). 

20 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Under Secretary 

22 of Homeland Security for Border and Transportation Se23 curity $350,000,000 for fiscal year 2007 to carry out this 

24 section. Amounts appropriated pursuant to this subsection 

25 shall remain available until expended. 


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1 SEC. 231. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

2 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP3 MENT PROGRAM.—The Under Secretary of Homeland Se4 curity for Border and Transportation Security, in conjunc5 tion with the Secretary of Transportation, shall carry out 

6 a research and development program for the purpose of 

7 improving freight and intercity passenger rail security that 

8 may include research and development projects to— 

9 (1) reduce the vulnerability of passenger trains, 

10 stations, and equipment to explosives and hazardous 

11 chemical, biological, and radioactive substances; 

12 (2) test new emergency response techniques and 

13 technologies; 

14 (3) develop improved freight technologies, in15 cluding— 

16 (A) technologies for sealing rail cars; 

17 (B) automatic inspection of rail cars; 

18 (C) communication-based train controls; and 

19 (D) emergency response training; 

20 (4) test wayside detectors that can detect tam21 pering with railroad equipment; 

22 (5) support enhanced security for the transpor23 tation of hazardous materials by rail, including— 

24 (A) technologies to detect a breach in a 

25 tank car and transmit information about the in26 tegrity of tank cars to the train crew; 


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1 (B) research to improve tank car integrity, 

2 with a focus on tank cars that carry extremely 

3 hazardous materials (as defined in section 242); 

4 and 

5 (C) techniques to transfer hazardous mate6 rials from rail cars that are damaged or other7 wise represent an unreasonable risk to human 

8 life or public safety; and 

9 (6) other projects recommended in reports sub10 mitted under section 221. 

11 (b) COORDINATION WITH OTHER RESEARCH INITIA12 TIVES.— 

13 (1) IN GENERAL.—The Under Secretary of 

14 Homeland Security for Border and Transportation 

15 Security shall ensure that the research and develop16 ment program authorized by this section is coordi17 nated with other research and development initia18 tives at the Department of Homeland Security and 

19 the Department of Transportation. 

20 (2) AGREEMENT FOR IMPLEMENTATION.—The 

21 Under Secretary of Homeland Security for Border 

22 and Transportation Security shall carry out any re23 search and development project authorized by this 

24 section through a reimbursable agreement with the 


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1 Secretary of Transportation if the Secretary of 

2 Transportation— 

3 (A) is already sponsoring a research and 

4 development project in a similar area; or 

5 (B) has a unique facility or capability that 

6 would be useful in carrying out the project. 

7 (c) ACCOUNTABILITY.—The Under Secretary shall 

8 adopt necessary procedures, including audits, to ensure 

9 that grants made under this section are expended in ac10 cordance with the purposes of this Act and the priorities 

11 and other criteria developed by the Under Secretary. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Under Secretary 

14 of Homeland Security for Border and Transportation Se15 curity $50,000,000 in each of fiscal years 2007 and 2008 

16 to carry out this section. Amounts appropriated pursuant 

17 to this subsection shall remain available until expended. 

18 SEC. 232. WELDED RAIL AND TANK CAR SAFETY IMPROVE19 MENTS. 

20 (a) TRACK STANDARDS.—Not later than 90 days 

21 after the date of enactment of this Act, the Administrator 

22 of the Federal Railroad Administration shall— 

23 (1) require each track owner using continuous 

24 welded rail track to include procedures (in its proce25 dures filed with the Administration under section 


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1 213.119 of title 49, Code of Federal Regulations) to 

2 improve the identification of cracks in rail joint bars; 

3 (2) instruct Administration track inspectors to 

4 obtain copies of the most recent continuous welded 

5 rail programs of each railroad within the inspectors’ 

6 areas of responsibility and require that inspectors 

7 use those programs when conducting track inspec8 tions; and 

9 (3) establish a program to periodically review 

10 continuous welded rail joint bar inspection data from 

11 railroads and Administration track inspectors and, 

12 whenever the Administrator determines that it is 

13 necessary or appropriate, require railroads to in14 crease the frequency or improve the methods of in15 spection of joint bars in continuous welded rail. 

16 (b) TANK CAR STANDARDS.—The Administrator of 

17 the Federal Railroad Administration shall— 

18 (1) not later than 1 year after the date of en19 actment of this Act, validate the predictive model it 

20 is developing to quantify the relevant dynamic forces 

21 acting on railroad tank cars under accident condi22 tions; and 

23 (2) not later than 18 months after the date of 

24 enactment of this Act, initiate a rulemaking to deVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 velop and implement appropriate design standards 

2 for pressurized tank cars. 

3 (c) OLDER TANK CAR IMPACT RESISTANCE ANAL4 YSIS AND REPORT.—Not later than 2 years after the date 

5 of enactment of this Act, the Administrator of the Federal 

6 Railroad Administration shall— 

7 (1) conduct a comprehensive analysis to deter8 mine the impact resistance of the steels in the shells 

9 of pressure tank cars constructed before 1989; and 

10 (2) submit to the Committee on Commerce, 

11 Science, and Transportation of the Senate and the 

12 Committee on Transportation and Infrastructure of 

13 the House of Representatives a report with rec14 ommendations for measures to eliminate or mitigate 

15 the risk of catastrophic failure. 

16 SEC. 233. NORTHERN BORDER RAIL PASSENGER REPORT. 

17 Not later than 180 days after the date of enactment 

18 of this Act, the Under Secretary of Homeland Security 

19 for Border and Transportation Security, in consultation 

20 with the heads of other appropriate Federal departments 

21 and agencies and the National Railroad Passenger Cor22 poration, shall submit to the Committee on Commerce, 

23 Science, and Transportation of the Senate and the Com24 mittee on Transportation and Infrastructure of the House 

25 of Representatives a report that contains— 


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1 (1) a description of the system for screening 

2 passengers and baggage on passenger rail service be3 tween the United States and Canada; 

4 (2) an assessment of the program to provide 

5 preclearance of airline passengers between the 

6 United States and Canada as outlined in ‘‘The 

7 Agreement on Air Transport Preclearance between 

8 the Government of Canada and the Government of 

9 the United States of America’’, dated January 18, 

10 2001; 

11 (3) an assessment of the program to provide 

12 preclearance of freight railroad traffic between the 

13 United States and Canada as outlined in the ‘‘Dec14 laration of Principle for the Improved Security of 

15 Rail Shipments by Canadian National Railway and 

16 Canadian Pacific Railway from Canada to the 

17 United States’’, dated April 2, 2003; 

18 (4) information on progress by the Department 

19 of Homeland Security and other Federal agencies to20 wards finalizing a bilateral protocol with Canada 

21 that would provide for preclearance of passengers on 

22 trains operating between the United States and Can23 ada; 

24 (5) a description of legislative, regulatory, 

25 budgetary, or policy barriers within the United 


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1 States Government to providing prescreened pas2 senger lists for rail passengers traveling between the 

3 United States and Canada to the Department of 

4 Homeland Security; 

5 (6) a description of the position of the Govern6 ment of Canada and relevant Canadian agencies 

7 with respect to preclearance of such passengers; and 

8 (7) a draft of any changes in Federal law nec9 essary to provide for prescreening of such pas10 sengers and providing prescreened passenger lists to 

11 the Department of Homeland Security. 

12 SEC. 234. WHISTLEBLOWER PROTECTION PROGRAM. 

13 (a) IN GENERAL.—Subchapter I of chapter 201 of 

14 title 49, United States Code, is amended by inserting after 

15 section 20115 the following: 

16 ‘‘§ 20116. Whistleblower protection for rail security 

17 matters 

18 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—No rail 

19 carrier engaged in interstate or foreign commerce may dis20 charge a railroad employee or otherwise discriminate 

21 against a railroad employee because the employee (or any 

22 person acting under a request of the employee)— 

23 ‘‘(1) provided, caused to be provided, or is 

24 about to provide or cause to be provided, to the emVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 ployer or the Federal Government information relat2 ing to a perceived threat to security; 

3 ‘‘(2) provided, caused to be provided, or is 

4 about to provide or cause to be provided, testimony 

5 before Congress or at any Federal or State pro6 ceeding regarding a perceived threat to security; or 

7 ‘‘(3) refused to violate or assist in the violation 

8 of any law, rule, or regulation related to rail secu9 rity. 

10 ‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance, 

11 or claim arising under this section is subject to resolution 

12 under section 3 of the Railway Labor Act (45 U.S.C. 153). 

13 In a proceeding by the National Railroad Adjustment 

14 Board, a division or delegate of the Board, or another 

15 board of adjustment established under such section to re16 solve the dispute, grievance, or claim, the proceeding shall 

17 be expedited and the dispute, grievance, or claim shall be 

18 resolved not later than 180 days after it is filed. If the 

19 violation is a form of discrimination that does not involve 

20 discharge, suspension, or another action affecting pay, and 

21 no other remedy is available under this subsection, the 

22 Board, division, delegate, or other board of adjustment 

23 may award the employee reasonable damages, including 

24 punitive damages, of not more than $20,000. 


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1 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro2 vided in subsection (b), the procedure set forth in section 

3 42121(b)(2)(B), including the burdens of proof, applies to 

4 any complaint brought under this section. 

5 ‘‘(d) ELECTION OF REMEDIES.—An employee of a 

6 railroad carrier may not seek protection under both this 

7 section and another provision of law for the same allegedly 

8 unlawful act of the carrier. 

9 ‘‘(e) DISCLOSURE OF IDENTITY.— 

10 ‘‘(1) Except as provided in paragraph (2), or 

11 with the written consent of the employee, the Sec12 retary of Transportation may not disclose the name 

13 of an employee of a railroad carrier who has pro14 vided information about an alleged violation of this 

15 section. 

16 ‘‘(2) The Secretary shall disclose to the Attor17 ney General the name of an employee described in 

18 paragraph (1) if the matter is referred to the Attor19 ney General for enforcement.’’. 

20 (b) CONFORMING AMENDMENT.—The chapter anal21 ysis for chapter 201 of title 49, United States Code, is 

22 amended by inserting after the item relating to section 

23 20115 the following: 

‘‘20116. Whistleblower protection for rail security matters.’’. 


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1 Subtitle C—Transportation of 

2 Hazardous Materials by Rail 

3 SEC. 241. FINDINGS. 

4 Congress makes the following findings: 

5 (1) Congress has specifically given the Depart6 ment of Homeland Security, working in conjunction 

7 with the Department of Transportation and other 

8 Federal agencies, the primary authority for the secu9 rity of the United States transportation sector, in10 cluding passenger and freight rail. 

11 (2) This authority includes the responsibility to 

12 protect American citizens from terrorist incidents re13 lated to the transport by rail of extremely hazardous 

14 materials. 

15 (3) Federal agencies have determined that haz16 ardous materials can be used as tools of destruction 

17 and terror and that extremely hazardous materials 

18 are particularly vulnerable to sabotage or misuse 

19 during transport. 

20 (4) The Federal Bureau of Investigation and 

21 the Central Intelligence Agency have found evidence 

22 suggesting that chemical tankers used to transport 

23 and store extremely hazardous chemicals have been 

24 targeted by terrorist groups. 


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1 (5) Rail shipments of extremely hazardous ma2 terials are often routed through highly attractive 

3 targets and densely populated areas, including with4 in a few miles of the White House and United 

5 States Capitol. 

6 (6) According to security experts, certain ex7 tremely hazardous materials present a mass casualty 

8 terrorist potential rivaled only by improvised nuclear 

9 devices, certain acts of bioterrorism, and the collapse 

10 of large occupied buildings. 

11 (7) A report by the Chlorine Institute found 

12 that a 90-ton rail tanker, if successfully targeted by 

13 an explosive device, could cause a catastrophic re14 lease of an extremely hazardous material, creating a 

15 toxic cloud 40 miles long and 10 miles wide. 

16 (8) The Environmental Protection Agency esti17 mates that in an urban area a toxic cloud could ex18 tend for 14 miles. 

19 (9) The United States Naval Research Labora20 tories concluded that a toxic plume of this type, cre21 ated while there was a public event on the National 

22 Mall, could kill or injure up to 100,000 people in 

23 less than 30 minutes. 

24 (10) According to security experts, rail ship25 ments of extremely hazardous materials are particuVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 larly vulnerable and dangerous, however the Federal 

2 Government has made no material reduction in the 

3 inherent vulnerability of hazardous chemical targets 

4 inside the United States. 

5 (11) While the safety record related to rail 

6 shipments of hazardous materials is very good, re7 cent accidental releases of extremely hazardous ma8 terials in rural South Carolina and San Antonio, 

9 Texas, demonstrate the fatal danger posed by ex10 tremely hazardous materials. 

11 (12) Security experts have determined that re12 routing these rail shipments is the only way to im13 mediately eliminate this danger in high threat areas, 

14 which currently puts hundreds of thousands of peo15 ple at risk. 

16 (13) Security experts have determined that the 

17 primary benefit of re-routing the shipment of ex18 tremely hazardous materials is a reduction in the 

19 number of people that would be exposed to the dead20 ly impact of the release due to an attack, and the 

21 principal cost would be the additional operating ex22 pense associated with possible increased mileage for 

23 the shipment of extremely hazardous materials. 


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1 (14) Less than 5 percent of all hazardous mate2 rials shipped by rail will meet the definition of ex3 tremely hazardous materials under this Act. 

4 SEC. 242. DEFINITIONS. 

5 In this subtitle, the following definitions apply: 

6 (1) EXTREMELY HAZARDOUS MATERIAL.—The 

7 term ‘‘extremely hazardous material’’ means any 

8 chemical, toxin, or other material being shipped or 

9 stored in sufficient quantities to represent an acute 

10 health threat or have a high likelihood of causing in11 juries, casualties, or economic damage if successfully 

12 targeted by a terrorist attack, including materials 

13 that— 

14 (A) are— 

15 (i) toxic by inhalation; 

16 (ii) extremely flammable; or 

17 (iii) highly explosive; 

18 (B) contain high level nuclear waste; or 

19 (C) are otherwise designated by the Sec20 retary as extremely hazardous. 

21 (2) HIGH THREAT CORRIDOR.— 

22 (A) IN GENERAL.—The term ‘‘high threat 

23 corridor’’ means a geographic area that has 

24 been designated by the Secretary as particularly 


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1 vulnerable to damage from the release of ex2 tremely hazardous materials, including— 

3 (i) large populations centers; 

4 (ii) areas important to national secu5 rity; 

6 (iii) areas that terrorists may be par7 ticularly likely to attack; or 

8 (iv) any other area designated by the 

9 Secretary as vulnerable to damage from 

10 the rail shipment or storage of extremely 

11 hazardous materials. 

12 (B) OTHER AREAS.— 

13 (i) IN GENERAL.—Any city that is not 

14 designated as a high threat corridor under 

15 subparagraph (A) may file a petition with 

16 the Secretary to be so designated. 

17 (ii) PROCEDURE.—The Secretary shall 

18 establish, by rule, regulation, or order, pro19 cedures for petitions under clause (i), in20 cluding— 

21 (I) designating the local official 

22 eligible to file a petition; 

23 (II) establishing the criteria a 

24 city shall include in a petition; 


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1 (III) allowing a city to submit 

2 evidence supporting its petition; and 

3 (IV) requiring the Secretary to 

4 rule on the petition not later than 60 

5 days after the date of submission of 

6 the petition. 

7 (iii) NOTICE.—The Secretary’s deci8 sion regarding any petition under clause (i) 

9 shall be communicated to the requesting 

10 city, the Governor of the State in which 

11 the city is located, and the Senators and 

12 Members of the House of Representatives 

13 that represent the State in which the city 

14 is located. 

15 (3) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Homeland Security or the Sec17 retary’s designee. 

18 (4) STORAGE.—The term ‘‘storage’’ means any 

19 temporary or long-term storage of extremely haz20 ardous materials in rail tankers or any other me21 dium utilized to transport extremely hazardous ma22 terials by rail. 


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1 SEC. 243. REGULATIONS FOR TRANSPORT OF EXTREMELY 

2 HAZARDOUS MATERIALS. 

3 (a) PURPOSES OF REGULATIONS.—The regulations 

4 issued under this section shall establish a national, risk5 based policy for extremely hazardous materials trans6 ported by rail or being stored. To the extent the Secretary 

7 determines appropriate, the regulations issued under this 

8 section shall be consistent with other Federal, State, and 

9 local regulations and international agreements relating to 

10 shipping or storing extremely hazardous materials. 

11 (b) ISSUANCE OF REGULATIONS.—Not later than 90 

12 days after the date of enactment of this Act, the Secretary 

13 shall issue, after notice and opportunity for public com14 ment, regulations concerning the rail shipment and stor15 age of extremely hazardous materials by owners and oper16 ators of railroads. In developing such regulations, the Sec17 retary shall consult with other Federal, State, and local 

18 government entities, security experts, representatives of 

19 the hazardous materials rail shipping industry, labor 

20 unions representing persons who work with hazardous ma21 terials in the rail shipping industry, and other interested 

22 persons, including private sector interest groups. 

23 (c) REQUIREMENTS.—The regulations issued under 

24 this section shall— 

25 (1) include a list of the high threat corridors 

26 designated by the Secretary; 


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1 (2) contain the criteria used by the Secretary to 

2 determine whether an area qualifies as a high threat 

3 corridor; 

4 (3) include a list of extremely hazardous mate5 rials; 

6 (4) establish protocols for owners and operators 

7 of railroads that ship extremely hazardous materials 

8 regarding notifying all governors, mayors, and other 

9 designated officials and local emergency responders 

10 in a high threat corridor of the quantity and type of 

11 extremely hazardous materials that are transported 

12 by rail through the high threat corridor; 

13 (5) require reports regarding the transport by 

14 railroad of extremely hazardous materials by the 

15 Secretary to local governmental officials designated 

16 by the Secretary, and Local Emergency Planning 

17 Committees, established under the Emergency Plan18 ning and Community Right to Know Act of 1986 

19 (42 U.S.C. 11001 et seq.); 

20 (6) establish protocols for the coordination of 

21 Federal, State, and local law enforcement authorities 

22 in creating a plan to respond to a terrorist attack, 

23 sabotage, or accident involving a rail shipment of ex24 tremely hazardous materials that causes the release 

25 of such materials; 


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1 (7) require that any rail shipment containing 

2 extremely hazardous materials be re-routed around 

3 any high threat corridor; and 

4 (8) establish standards for the Secretary to 

5 grant exceptions to the re-routing requirement under 

6 paragraph (7). 

7 (d) HIGH THREAT CORRIDORS.— 

8 (1) IN GENERAL.—The criteria under sub9 section (c)(2) for determining whether an area quali10 fies as a high threat corridor may be the same cri11 teria used for the distribution of funds under the 

12 Urban Area Security Initiative Program. 

13 (2) INITIAL LIST.—If the Secretary is unable to 

14 complete the review necessary to determine which 

15 areas should be designated as high threat corridors 

16 within 90 days after the date of enactment of this 

17 Act, the initial list shall be the cities that received 

18 funding under the Urban Area Security Initiative 

19 Program in fiscal year 2004. 

20 (e) EXTREMELY HAZARDOUS MATERIALS LIST.—If 

21 the Secretary is unable to complete the review necessary 

22 to determine which materials should be designated ex23 tremely hazardous materials under subsection (c)(3) with24 in 90 days of the date of enactment of this Act, the initial 

25 list shall include— 


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1 (1) explosives classified as Class 1, Division 1.1, 

2 or Class 1, Division 1.2, under section 173.2 of title 

3 49, Code of Federal Regulations, in a quantity 

4 greater than 500 kilograms; 

5 (2) flammable gasses classified as Class 2, Divi6 sion 2.1, under section 173.2 of title 49, Code of 

7 Federal Regulations, in a quantity greater than 

8 10,000 liters; 

9 (3) poisonous gasses classified as Class 2, Divi10 sion 2.3, under section 173.2 of title 49, Code of 

11 Federal Regulations, that are also assigned to Haz12 ard Zones A or B under section 173.116 of title 49, 

13 Code of Federal Regulations, in a quantity greater 

14 than 500 liters; 

15 (4) poisonous materials, other than gasses, clas16 sified as Class 6, Division 6.1, under section 173.2 

17 of title 49, Code of Federal Regulations, that are 

18 also assigned to Hazard Zones A or B under section 

19 173.116 of title 49, Code of Federal Regulations, in 

20 a quantity greater than 1,000 kilograms; and 

21 (5) anhydrous ammonia classified as Class 2, 

22 Division 2.2, under section 173.2 of title 49, Code 

23 of Federal Regulations, in a quantity greater than 

24 1,000 kilograms. 

25 (f) NOTIFICATION.— 


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1 (1) IN GENERAL.—The protocols under sub2 section (c)(4) shall establish the required frequency 

3 of reporting by an owner and operator of a railroad 

4 to the Governors, Mayors, and other designated offi5 cials and local emergency responders in a high 

6 threat corridor. 

7 (2) REPORTS TO SECRETARY.—The protocols 

8 under subsection (c)(4) shall require owners and op9 erators of railroad to make annual reports to the 

10 Secretary regarding the transportation of extremely 

11 hazardous materials, and to make quarterly updates 

12 if there has been any significant change in the type, 

13 quantity, or frequency of shipments. 

14 (3) CONSIDERATIONS.—In developing protocols 

15 under subsection (c)(4), the Secretary shall consider 

16 both the security needs of the United States and the 

17 interests of State and local governmental officials. 

18 (g) REPORTS.— 

19 (1) FREQUENCY.— 

20 (A) IN GENERAL.—The Secretary shall 

21 make an annual report to local governmental 

22 officials and Local Emergency Planning Com23 mittees under subsection (c)(5). 

24 (B) UPDATES.—If there has been any sig25 nificant change in the type, quantity, or freVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 quency of rail shipments in a geographic area, 

2 the Secretary shall make a quarterly update re3 port to local governmental officials and Local 

4 Emergency Planning Committees in that geo5 graphic area. 

6 (2) CONTENTS.—Each report made under sub7 section (c)(5) shall incorporate information from the 

8 reports under subsection (c)(4) and shall include— 

9 (A) a good-faith estimate of the total num10 ber of rail cars containing extremely hazardous 

11 materials shipped through or stored in each 

12 metropolitan statistical area; and 

13 (B) if a release from a railcar carrying or 

14 storing extremely hazardous materials is likely 

15 to harm persons or property beyond the prop16 erty of the owner or operator of the railroad, a 

17 risk management plan that provides— 

18 (i) a hazard assessment of the poten19 tial effects of a release of the extremely 

20 hazardous materials, including— 

21 (I) an estimate of the potential 

22 release quantities; and 

23 (II) a determination of the down24 wind effects, including the potential 

25 exposures to affected populations; 


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1 (ii) a program to prevent a release of 

2 extremely hazardous materials, including— 

3 (I) security precautions; 

4 (II) monitoring programs; and 

5 (III) employee training measures 

6 utilized; and 

7 (iii) an emergency response program 

8 that provides for specific actions to be 

9 taken in response to the release of an ex10 tremely hazardous material, including pro11 cedures for informing the public and Fed12 eral, State, and local agencies responsible 

13 for responding to the release of an ex14 tremely hazardous material. 

15 (h) TRANSPORTATION AND STORAGE OF EXTREMELY

16 HAZARDOUS MATERIALS THROUGH HIGH THREAT COR17 RIDORS.— 

18 (1) IN GENERAL.—The standards for the Sec19 retary to grant exceptions under subsection (c)(8) 

20 shall require a finding of special circumstances by 

21 the Secretary, including that— 

22 (A) the shipment originates in or is des23 tined to the high threat corridor; 

24 (B) there is no practical alternate route; 


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1 (C) there is an unanticipated, temporary 

2 emergency that threatens the lives of people in 

3 the high threat corridor; or 

4 (D) there would be no harm to persons or 

5 property beyond the property of the owner or 

6 operator of the railroad in the event of a suc7 cessful terrorist attack on the shipment. 

8 (2) PRACTICAL ALTERNATE ROUTES.—Whether 

9 a shipper must utilize an interchange agreement or 

10 otherwise utilize a system of tracks or facilities 

11 owned by another operator shall not be considered 

12 by the Secretary in determining whether there is a 

13 practical alternate route under paragraph (1)(B). 

14 (3) GRANT OF EXCEPTION.—If the Secretary 

15 grants an exception under subsection (c)(8)— 

16 (A) the extremely hazardous material may 

17 not be stored in the high threat corridor, in18 cluding under a leased track or rail siding 

19 agreement; and 

20 (B) the Secretary shall notify Federal, 

21 State, and local law enforcement and first re22 sponder agencies (including, if applicable, tran23 sit, railroad, or port authority agencies) within 

24 the high threat corridor. 


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1 SEC. 244. SAFETY TRAINING. 

2 (a) HOMELAND SECURITY GRANT PROGRAM.— 

3 (1) IN GENERAL.—The Secretary may award 

4 grants to local governments and owners and opera5 tors of railroads to conduct training regarding safety 

6 procedures for handling and responding to emer7 gencies involving extremely hazardous materials. 

8 (2) USE OF FUNDS.—Grants under this sub9 section may be used to provide training and pur10 chase safety equipment for individuals who— 

11 (A) transport, load, unload, or are other12 wise involved in the shipment of extremely haz13 ardous materials; 

14 (B) would respond to an accident or inci15 dent involving a shipment of extremely haz16 ardous materials; and 

17 (C) would repair transportation equipment 

18 and facilities in the event of such an accident 

19 or incident. 

20 (3) APPLICATION.—A local government or 

21 owner or operator of a railroad desiring a grant 

22 under this subsection shall submit an application at 

23 such time, in such manner, and accompanied by 

24 such information as the Secretary may reasonably 

25 establish. 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated 

3 $100,000,000 for each of the fiscal years 2007 

4 through 2011 to carry out this subsection. 

5 (b) RAILWAY HAZMAT TRAINING PROGRAM.— 

6 (1) PROGRAM.—Section 5116(j) of title 49, 

7 United States Code, is amended by adding at the 

8 end the following: 

9 ‘‘(6) RAILWAY HAZMAT TRAINING PROGRAM.— 

10 ‘‘(A) IN GENERAL.—In order to further 

11 the purposes of subsection (b), the Secretary of 

12 Transportation shall, subject to the availability 

13 of funds, make grants to national nonprofit em14 ployee organizations with experience in con15 ducting training regarding the transportation of 

16 hazardous materials on railways for the purpose 

17 of training railway workers who are likely to 

18 discover, witness, or otherwise identify a release 

19 of extremely hazardous materials and to pre20 vent or respond appropriately to the incident. 

21 ‘‘(B) DELEGATION.—The Secretary of 

22 Transportation shall delegate authority for the 

23 administration of the Railway Hazmat Training 

24 Program to the Director of the National Insti25 tute of Environmental Health Sciences under 


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1 subsection (g). In administering the program 

2 under this paragraph, the Director of the Na3 tional Institute of Environmental Health 

4 Sciences shall consult closely with the Secretary 

5 of Transportation and the Secretary of Home6 land Security.’’. 

7 (2) AUTHORIZATION OF APPROPRIATIONS.— 

8 Section 5128 of title 49, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(g) RAILWAY HAZMAT TRAINING PROGRAM.—There 

11 are authorized to be appropriated $10,000,000 for each 

12 of the fiscal years 2007 through 2011, to carry out section 

13 5116(j)(6).’’. 

14 SEC. 245. RESEARCH AND DEVELOPMENT. 

15 (a) TRANSPORT.— 

16 (1) IN GENERAL.—Not later than 90 days after 

17 the date of enactment of this Act, the Secretary 

18 shall conduct a study of the benefits and availability 

19 of technology and procedures that may be utilized 

20 to— 

21 (A) reduce the likelihood of a terrorist at22 tack on a rail shipment of extremely hazardous 

23 materials; 


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1 (B) reduce the likelihood of a catastrophic 

2 release of extremely hazardous materials in the 

3 event of a terrorist attack; and 

4 (C) enhance the ability of first responders 

5 to respond to a terrorist attack on a rail ship6 ment of extremely hazardous materials and 

7 other required activities in the event of such an 

8 attack. 

9 (2) MATTERS STUDIED.—The study conducted 

10 under this subsection shall include the evaluation 

11 of— 

12 (A) whether safer alternatives to 90-ton 

13 rail tankers exist; 

14 (B) the feasibility of requiring chemical 

15 shippers to electronically track the movements 

16 of all shipments of extremely hazardous mate17 rials and report this information to the Depart18 ment of Homeland Security on an ongoing basis 

19 as such shipments are transported; and 

20 (C) the feasibility of utilizing fingerprint 

21 based access controls for all chemical convey22 ances. 

23 (3) REPORTING.—Not later than 180 days after 

24 the date of enactment of this Act, the Secretary 

25 shall submit a report to Congress describing the 


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1 findings of the study conducted under this sub2 section, which shall include recommendations and 

3 cost estimates for securing shipments of extremely 

4 hazardous materials. 

5 (b) PHYSICAL SECURITY.— 

6 (1) IN GENERAL.—Not later than 90 days after 

7 the date of enactment of this Act, the Secretary 

8 shall conduct a study of the physical security meas9 ures available for rail shipments of extremely haz10 ardous materials that will reduce the risk of leakage 

11 or release in the event of a terrorist attack or sabo12 tage. 

13 (2) MATTERS STUDIED.—The study conducted 

14 under this subsection shall consider the use of pas15 sive secondary containment of tanker valves, addi16 tional security force personnel, surveillance tech17 nologies, barriers, decoy rail cars, and methods to 

18 minimize delays during shipping. 

19 (3) REPORTING.—Not later than 180 days after 

20 the date of enactment of this Act, the Secretary 

21 shall submit a report to Congress describing the 

22 findings of the study conducted under this sub23 section, which shall contain recommendations and 

24 cost estimates for securing shipments of extremely 

25 hazardous materials. 


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1 (c) LEASED TRACK STORAGE ARRANGEMENTS.— 

2 (1) IN GENERAL.—Not later than 90 days after 

3 enactment of this Act, the Secretary shall conduct a 

4 study of available alternatives to storing extremely 

5 hazardous materials in or on leased track facilities. 

6 (2) MATTERS STUDIED.—The study conducted 

7 under this subsection shall— 

8 (A) evaluate the extent of the use of leased 

9 track facilities and the security measures that 

10 should be taken to secure leased track facilities; 

11 and 

12 (B) assess means to limit the consequences 

13 of an attack on extremely hazardous materials 

14 stored on leased track facilities to nearby com15 munities. 

16 (3) REPORT.—Not later than 180 days after 

17 the date of enactment of this Act, the Secretary 

18 shall submit a report to Congress describing the 

19 findings of the study conducted under this sub20 section, which shall contain recommendations and 

21 cost estimates for securing shipments of extremely 

22 hazardous materials. 

23 SEC. 246. WHISTLEBLOWER PROTECTION. 

24 (a) PROHIBITION AGAINST DISCRIMINATION.—No 

25 owner or operator of a railroad may discharge or otherwise 


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1 discriminate against any employee with respect to com2 pensation, terms, conditions, or privileges of employment 

3 because the employee (or any person acting under the re4 quest of the employee) provided information to the Sec5 retary, the Attorney General, or any Federal supervisory 

6 agency regarding a possible violation of any provision of 

7 this subtitle by the owner or operator of a railroad or any 

8 director, officer, or employee of an owner or operator of 

9 a railroad. 

10 (b) ENFORCEMENT.—Any employee or former em11 ployee who believes that such employee has been dis12 charged or discriminated against in violation of subsection 

13 (a) may file a civil action in the appropriate United States 

14 district court before the end of the 2-year period beginning 

15 on the date of such discharge or discrimination. 

16 (c) REMEDIES.—If the district court determines that 

17 a violation has occurred, the court may order the owner 

18 or operator of a railroad that committed the violation to— 

19 (1) reinstate the employee to the employee’s 

20 former position; 

21 (2) pay compensatory damages; or 

22 (3) take other appropriate actions to remedy 

23 any past discrimination. 

24 (d) LIMITATION.—The protections of this section 

25 shall not apply to any employee who— 


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1 (1) deliberately causes or participates in the al2 leged violation of law or regulation; or 

3 (2) knowingly or recklessly provides substan4 tially false information to the Secretary, the Attor5 ney General, or any Federal supervisory agency. 

6 SEC. 247. PENALTIES. 

7 (a) RIGHT OF ACTION.— 

8 (1) IN GENERAL.—Any State or local govern9 ment may bring a civil action in a United States dis10 trict court for redress of injuries caused by a viola11 tion of this subtitle against any person (other than 

12 an individual) who transports, loads, unloads, or is 

13 otherwise involved in the shipping of extremely haz14 ardous materials by rail and who violated this sub15 title. 

16 (2) RELIEF.—In an action under paragraph 

17 (1), a State or local government may seek, for each 

18 violation of this subtitle— 

19 (A) an order for injunctive relief; and 

20 (B) a civil penalty of not more than 

21 $1,000,000. 

22 (b) ADMINISTRATIVE PENALTIES.— 

23 (1) IN GENERAL.—The Secretary may issue an 

24 order imposing an administrative penalty of not 

25 more than $1,000,000 for each failure by a person 


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1 (other than an individual) who transports, loads, un2 loads, or is otherwise involved in the shipping of ex3 tremely hazardous materials to comply with this sub4 title. 

5 (2) NOTICE AND HEARING.—Before issuing an 

6 order under paragraph (1), the Secretary shall pro7 vide the person who allegedly violated this subtitle— 

8 (A) written notice of the proposed order; 

9 and 

10 (B) the opportunity to request, not later 

11 than 30 days after the date on which the per12 son received the notice, a hearing on the pro13 posed order. 

14 (3) PROCEDURES.—Not later than 90 days 

15 after the date of enactment of this Act, the Sec16 retary shall issue regulations establishing procedures 

17 for administrative hearings and the appropriate re18 view of penalties issued under this subsection, in19 cluding establishing deadlines. 

20 Subtitle D—Chemical Plant 

21 Security 

22 SEC. 261. PLANT SECURITY GRANTS. 

23 There are authorized to be appropriated $15,000,000 

24 for each of fiscal years 2007 through 2011, to the SecVerDate Aug 31 2005 03:17 Mar 15, 2006 Jkt 049200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\S2412.IS S2412

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1 retary of Homeland Security to make grants for improving 

2 the security of chemical plants. 

3 Subtitle E—Seaport Protection 

4 SEC. 281. FINDINGS. 

5 Congress makes the following findings: 

6 (1) The United States port system is a vital ar7 tery of the economy of the United States. Almost 95 

8 percent of all foreign trade passes through 1 or more 

9 of the 361 ports in the United States. Such seaports 

10 handle more than 2,000,000,000 tons of domestic 

11 and international freight each year of which has a 

12 value of more than $740,000,000. The shipment of 

13 cargo in vessels creates employment for 13,000,000 

14 people within the United States. 

15 (2) The United States Coast Guard has esti16 mated that, given this tremendous commerce, a ter17 rorist attack shutting down a major port in the 

18 United States would have a $60,000,000 impact on 

19 the United States economy during the first 30 days 

20 after such an attack. 

21 (3) Although 6,000,000 cargo containers, each 

22 a possible hiding place for a bomb or other weapon, 

23 are off-loaded at ports in the United States each 

year, less than 1 24 ⁄10 of these containers are physically 

25 inspected. A container ship can carry as many as 


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1 3,000 containers, each one weighing up to 45,000 

2 pounds, hundreds of which may be off-loaded at a 

3 port. 

4 (4) The United States Coast Guard has esti5 mated that the maritime security requirements set 

6 for ports by the Maritime Transportation Security 

7 Act of 2002 (Public Law 107–295; 116 Stat. 2064), 

8 which are critical to protecting United States ports 

9 from a nuclear terrorist attack, will cost 

10 $5,400,000,000 to implement over a 10-year period. 

11 SEC. 282. PORT SECURITY GRANT FUNDING. 

12 Section 70107(h) of title 46, United States Code, is 

13 amended to read as follows: 

14 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated to the Secretary to carry 

16 out subsections (a) through (g) $1,000,000,000 for each 

17 of the fiscal years 2007 through 2011.’’. 

18 Subtitle F—Bag Screening 

19 SEC. 291. CHECKED BAG SCREENING. 

20 There are authorized to be appropriated 

21 $200,000,000 for each of the fiscal years 2007 through 

22 2011, to the Transportation Security Administration to 

23 ensure adequate screening of all checked passenger lug24 gage and cargo on commercial flights. 

Æ 


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