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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2791 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 430
109th CONGRESS
  2nd Session
                                S. 2791

  To amend titles 46 and 49, United States Code, to provide improved 
   maritime, rail, and public transportation security, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2006

 Mr. Stevens (for himself, Mr. Inouye, Mr. Shelby, Mr. Sarbanes, Mrs. 
 Hutchison, Ms. Snowe, Mr. Smith, Mr. Burns, Mr. Allard, Mr. Bennett, 
 Mr. Vitter, Mr. Bunning, Mr. Allen, Mr. Graham, Mr. Lott, Mr. DeWine, 
 Mr. Domenici, Mrs. Dole, Mr. Talent, Ms. Murkowski, Mr. Roberts, Mr. 
  Lautenberg, Mr. Rockefeller, Mrs. Boxer, Mr. Nelson of Florida, Mr. 
 Kerry, Ms. Cantwell, Mr. Reed, Mr. Akaka, Mr. Schumer, Mrs. Clinton, 
  Mr. Carper, Mr. Menendez, Mr. Kennedy, Mr. Pryor, Ms. Stabenow, Mr. 
    Dorgan, Mr. Kohl, Mr. Biden, Mr. Durbin, Ms. Mikulski, and Mr. 
 Jeffords) introduced the following bill; which was read the first time

                              May 12, 2006

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
  To amend titles 46 and 49, United States Code, to provide improved 
   maritime, rail, and public transportation security, and for other 
                               purposes.

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

SECTION 1. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Table of contents.
            Title I--Improved Public Transportation Security

Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Security assessments.
Sec. 104. Security assistance grants.
Sec. 105. Intelligence sharing.
Sec. 106. Research, development, and demonstration grants.
Sec. 107. Reporting requirements.
Sec. 108. Authorization of appropriations.
Sec. 109. Sunset provision.
                    Title II--Improved Rail Security

Sec. 201. Short title.
Sec. 202. Rail transportation security risk assessment.
Sec. 203. Systemwide AMTRAK security upgrades.
Sec. 204. Fire and life-safety improvements.
Sec. 205. Freight and passenger rail security upgrades.
Sec. 206. Rail security research and development.
Sec. 207. Oversight and grant procedures.
Sec. 208. AMTRAK plan to assist families of passengers involved in rail 
                            passenger accidents.
Sec. 209. Northern border rail passenger report.
Sec. 210. Rail worker security training program.
Sec. 211. Whistleblower protection program.
Sec. 212. High hazard material security threat mitigation plans.
Sec. 213. Memorandum of agreement.
Sec. 214. Rail security enhancements.
Sec. 215. Public awareness.
Sec. 216. Railroad high hazard material tracking.
Sec. 217. Authorization of appropriations.
                 Title III--Improved Maritime Security

Sec. 300. Short title.
Sec. 301. Establishment of additional interagency operational centers 
                            for port security.
Sec. 302. Area maritime transportation security plan to include salvage 
                            response plan.
Sec. 303. Post-incident resumption of trade.
Sec. 304. Assistance for foreign ports.
Sec. 305. Improved data for targeted cargo searches.
Sec. 306. Technical requirements for non-intrusive inspection 
                            equipment.
Sec. 307. Random inspection of containers.
Sec. 308. Cargo security.
Sec. 309. Secure systems of international intermodal transportation.
Sec. 310. Port security user fee study.
Sec. 311. Deadline for transportation security cards.
Sec. 312. Port security grants.
Sec. 313. Customs-Trade Partnership Against Terrorism security 
                            validation program.
Sec. 314. Work stoppages and employee-employer disputes.
Sec. 315. Appeal of denial of waiver for transportation security 
                            card.D23/
Sec. 316. Inspection of car ferries entering from Canada.

            TITLE I--IMPROVED PUBLIC TRANSPORTATION SECURITY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Public Transportation Terrorism 
Prevention Act of 2006''. D23/

SEC. 102. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) public transportation systems throughout the world have 
        been a primary target of terrorist attacks, causing countless 
        death and injuries;
            (2) 5,800 public transportation agencies operate in the 
        United States;
            (3) 14,000,000 people in the United States ride public 
        transportation each work day;
            (4) safe and secure public transportation systems are 
        essential for the Nation's economy and for significant national 
        and international public events;
            (5) the Federal Transit Administration has invested 
        $74,900,000,000 since 1992 for construction and improvements to 
        the Nation's public transportation systems;
            (6) the Federal Government appropriately invested 
        $18,100,000,000 in fiscal years 2002 through 2005 to protect 
        our Nation's aviation system and its 1,800,000 daily 
        passengers;
            (7) the Federal Government has allocated $250,000,000 in 
        fiscal years 2003 through 2005 to protect public transportation 
        systems in the United States;
            (8) the Federal Government has invested $7.38 in aviation 
        security improvements per passenger, but only $0.007 in public 
        transportation security improvements per passenger;
            (9) the Government Accountability Office, the Mineta 
        Institute for Surface Transportation Policy Studies, the 
        American Public Transportation Association, and many 
        transportation experts have reported an urgent need for 
        significant investment in public transportation security 
        improvements; and
            (10) the Federal Government has a duty to deter and 
        mitigate, to the greatest extent practicable, threats against 
        the Nation's public transportation systems.

SEC. 103. SECURITY ASSESSMENTS.

    (a) Public Transportation Security Assessments.--
            (1) Submission.--Not later than 30 days after the date of 
        enactment of this Act, the Federal Transit Administration of 
        the Department of Transportation shall submit all public 
        transportation security assessments and all other relevant 
        information to the Secretary of Homeland Security.
            (2) Review.--Not later than July 31, 2006, the Secretary of 
        Homeland Security shall review and augment the security 
        assessments received under paragraph (1).
            (3) Allocations.--The Secretary of Homeland Security shall 
        use the security assessments received under paragraph (1) as 
        the basis for allocating grant funds under section 104, unless 
        the Secretary notifies the Committee on Banking, Housing, and 
        Urban Affairs of the Senate that the Secretary has determined 
        that an adjustment is necessary to respond to an urgent threat 
        or other significant factors.
            (4) Security improvement priorities.--Not later than 
        September 30, 2006, the Secretary of Homeland Security, after 
        consultation with the management and employee representatives 
        of each public transportation system for which a security 
        assessment has been received under paragraph (1), shall 
        establish security improvement priorities that will be used by 
        public transportation agencies for any funding provided under 
        section 104.
            (5) Updates.--Not later than July 31, 2007, and annually 
        thereafter, the Secretary of Homeland Security shall--
                    (A) update the security assessments referred to in 
                this subsection; and
                    (B) conduct security assessments of all public 
                transportation agencies considered to be at greatest 
                risk of a terrorist attack.
    (b) Use of Security Assessment Information.--The Secretary of 
Homeland Security shall use the information collected under subsection 
(a)--
            (1) to establish the process for developing security 
        guidelines for public transportation security; and
            (2) to design a security improvement strategy that--
                    (A) minimizes terrorist threats to public 
                transportation systems; and
                    (B) maximizes the efforts of public transportation 
                systems to mitigate damage from terrorist attacks.
    (c) Bus and Rural Public Transportation Systems.--Not later than 
July 31, 2006, the Secretary of Homeland Security shall conduct 
security assessments, appropriate to the size and nature of each 
system, to determine the specific needs of--
            (1) local bus-only public transportation systems; and
            (2) selected public transportation systems that receive 
        funds under section 5311 of title 49, United States Code.

SEC. 104. SECURITY ASSISTANCE GRANTS.

    (a) Capital Security Assistance Program.--
            (1) In general.--The Secretary of Homeland Security shall 
        award grants directly to public transportation agencies for 
        allowable capital security improvements based on the priorities 
        established under section 103(a)(4).
            (2) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) tunnel protection systems;
                    (B) perimeter protection systems;
                    (C) redundant critical operations control systems;
                    (D) chemical, biological, radiological, or 
                explosive detection systems;
                    (E) surveillance equipment;
                    (F) communications equipment;
                    (G) emergency response equipment;
                    (H) fire suppression and decontamination equipment;
                    (I) global positioning or automated vehicle locator 
                type system equipment;
                    (J) evacuation improvements; and
                    (K) other capital security improvements.
    (b) Operational Security Assistance Program.--
            (1) In general.--The Secretary of Homeland Security shall 
        award grants directly to public transportation agencies for 
        allowable operational security improvements based on the 
        priorities established under section 103(a)(4).
            (2) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) security training for public transportation 
                employees, including bus and rail operators, mechanics, 
                customer service, maintenance employees, transit 
                police, and security personnel;
                    (B) live or simulated drills;
                    (C) public awareness campaigns for enhanced public 
                transportation security;
                    (D) canine patrols for chemical, biological, or 
                explosives detection;
                    (E) overtime reimbursement for enhanced security 
                personnel during significant national and international 
                public events, consistent with the priorities 
                established under section 103(a)(4); and
                    (F) other appropriate security improvements 
                identified under section 103(a)(4), excluding routine, 
                ongoing personnel costs.
    (c) Congressional Notification.--Not later than 3 days before the 
award of any grant under this section, the Secretary of Homeland 
Security shall notify the Committee on Banking, Housing, and Urban 
Affairs of the Senate of the intent to award such grant.
    (d) Public Transportation Agency Responsibilities.--Each public 
transportation agency that receives a grant under this section shall--
            (1) identify a security coordinator to coordinate security 
        improvements;
            (2) develop a comprehensive plan that demonstrates the 
        agency's capacity for operating and maintaining the equipment 
        purchased under this section; and
            (3) report annually to the Department of Homeland Security 
        on the use of grant funds received under this section.
    (e) Return of Misspent Grant Funds.--If the Secretary of Homeland 
Security determines that a grantee used any portion of the grant funds 
received under this section for a purpose other than the allowable uses 
specified for that grant under this section, the grantee shall return 
any amount so used to the Treasury of the United States.

SEC. 105. INTELLIGENCE SHARING.

    (a) Intelligence Sharing.--The Secretary of Homeland Security shall 
ensure that the Department of Transportation receives appropriate and 
timely notification of all credible terrorist threats against public 
transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
            (1) Establishment.--The Secretary of Homeland Security 
        shall provide sufficient financial assistance for the 
        reasonable costs of the Information Sharing and Analysis Center 
        for Public Transportation (referred to in this subsection as 
        the ``ISAC'') established pursuant to Presidential Directive 
        63, to protect critical infrastructure.
            (2) Public transportation agency participation.--The 
        Secretary of Homeland Security--
                    (A) shall require those public transportation 
                agencies that the Secretary determines to be at 
                significant risk of terrorist attack to participate in 
                the ISAC;
                    (B) shall encourage all other public transportation 
                agencies to participate in the ISAC; and
                    (C) shall not charge a fee to any public 
                transportation agency for participating in the ISAC.

SEC. 106. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.

    (a) Grants Authorized.--The Secretary of Homeland Security, in 
consultation with the Federal Transit Administration, shall award 
grants to public or private entities to conduct research into, and 
demonstrate, technologies and methods to reduce and deter terrorist 
threats or mitigate damages resulting from terrorist attacks against 
public transportation systems.
    (b) Use of Funds.--Grants awarded under subsection (a) may be used 
to--
            (1) research chemical, biological, radiological, or 
        explosive detection systems that do not significantly impede 
        passenger access;
            (2) research imaging technologies;
            (3) conduct product evaluations and testing; and
            (4) research other technologies or methods for reducing or 
        deterring terrorist attacks against public transportation 
        systems, or mitigating damage from such attacks.
    (c) Reporting Requirement.--Each entity that receives a grant under 
this section shall report annually to the Department of Homeland 
Security on the use of grant funds received under this section.
    (d) Return of Misspent Grant Funds.--If the Secretary of Homeland 
Security determines that a grantee used any portion of the grant funds 
received under this section for a purpose other than the allowable uses 
specified under subsection (b), the grantee shall return any amount so 
used to the Treasury of the United States.

SEC. 107. REPORTING REQUIREMENTS.

    (a) Semi-Annual Report to Congress.--
            (1) In general.--Not later than March 31 and September 30 
        of each year, the Secretary of Homeland Security shall submit a 
        report, containing the information described in paragraph (2), 
        to--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Appropriations of the Senate.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) a description of the implementation of the 
                provisions of sections 103 through 106;
                    (B) the amount of funds appropriated to carry out 
                the provisions of each of sections 103 through 106 that 
                have not been expended or obligated; and
                    (C) the state of public transportation security in 
                the United States.
    (b) Annual Report to Governors.--
            (1) In general.--Not later than March 31 of each year, the 
        Secretary of Homeland Security shall submit a report to the 
        Governor of each State with a public transportation agency that 
        has received a grant under this title.
            (2) Contents.--The report submitted under paragraph (1) 
        shall specify--
                    (A) the amount of grant funds distributed to each 
                such public transportation agency; and
                    (B) the use of such grant funds.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    (a) Capital Security Assistance Program.--There are authorized to 
be appropriated $2,370,000,000 for fiscal year 2007 to carry out the 
provisions of section 104(a), which shall remain available until 
expended.
    (b) Operational Security Assistance Program.--There are authorized 
to be appropriated to carry out the provisions of section 104(b)--
            (1) $534,000,000 for fiscal year 2007;
            (2) $333,000,000 for fiscal year 2008; and
            (3) $133,000,000 for fiscal year 2009.
    (c) Intelligence.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of section 105.
    (d) Research.--There are authorized to be appropriated $130,000,000 
for fiscal year 2007 to carry out the provisions of section 106, which 
shall remain available until expended.

SEC. 109. SUNSET PROVISION.

    The authority to make grants under this title shall expire on 
October 1, 2009.

                    TITLE II--IMPROVED RAIL SECURITY

SEC. 201. SHORT TITLE.

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

SEC. 202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

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

SEC. 203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

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

SEC. 204. FIRE AND LIFE-SAFETY IMPROVEMENTS.

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

SEC. 205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary of Homeland 
Security, through the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and other appropriate 
agencies, is authorized to make grants to freight railroads, the Alaska 
Railroad, hazardous materials shippers, owners of rail cars used in the 
transportation of hazardous materials, universities, colleges and 
research centers, State and local governments (for rail passenger 
facilities and infrastructure not owned by Amtrak), and, through the 
Secretary of Transportation, to Amtrak, for full or partial 
reimbursement of costs incurred in the conduct of activities to prevent 
or respond to acts of terrorism, sabotage, or other intercity passenger 
rail and freight rail security vulnerabilities and risks identified 
under section 202, including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of rail cargo or passenger screening 
        equipment at the United States-Mexico border, the United 
        States-Canada border, or other ports of entry;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of rail cars 
        transporting high hazard materials to improve their resistance 
        to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations;
            (8) the sharing of intelligence and information about 
        security threats;
            (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (10) to hire additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the report required 
        by section 202, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this Act and 
the priorities and other criteria developed by the Secretary.
    (c) Allocation.--The Secretary shall distribute the funds 
authorized by this section based on risk and vulnerability as 
determined under section 202, and shall encourage non-Federal financial 
participation in awarding grants. With respect to grants for intercity 
passenger rail security, the Secretary shall also take into account 
passenger volume and whether a station is used by commuter rail 
passengers as well as intercity rail passengers.
    (d) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 203(b) of this Act.
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 202 the Secretary of Homeland 
Security determines that critical rail transportation security needs 
require reimbursement in greater amounts to any eligible entity, no 
grants under this section may be made--
            (1) in excess of $45,000,000 to Amtrak; or
            (2) in excess of $80,000,000 for the purposes described in 
        paragraphs (3) and (5) of subsection (a).
    (f) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 114(u)(2) of title 49, United States Code, there 
shall be made available to the Secretary of Homeland Security to carry 
out this section--
            (1) $100,000,000 for fiscal year 2007;
            (2) $100,000,000 for fiscal year 2008; and
            (3) $100,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain 
available until expended.
    (g) High Hazard Materials Defined.--In this section, the term 
``high hazard materials'' means quantities of poison inhalation hazard 
materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia 
that the Secretary, in consultation with the Secretary of 
Transportation, determines pose a security risk.

SEC. 206. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary of Homeland Security, through the Under Secretary for Science 
and Technology and the Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with the 
Secretary of Transportation shall carry out a research and development 
program for the purpose of improving freight and intercity passenger 
rail security that may include research and development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                or other rail car used to transport hazardous materials 
                and transmit information about the integrity of cars to 
                the train crew or dispatcher;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry high hazard materials (as 
                defined in section 205(g) of this Act; and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety; and
            (6) other projects that address vulnerabilities and risks 
        identified under section 202.
    (b) Coordination With Other Research Initiatives.--The Secretary of 
Homeland Security shall ensure that the research and development 
program authorized by this section is coordinated with other research 
and development initiatives at the Department of Homeland Security and 
the Department of Transportation. The Secretary shall carry out any 
research and development project authorized by this section through a 
reimbursable agreement with the Secretary of Transportation, if the 
Secretary of Transportation--
            (1) is already sponsoring a research and development 
        project in a similar area; or
            (2) has a unique facility or capability that would be 
        useful in carrying out the project.
    (c) Grants and Accountability.--To carry out the research and 
development program, the Secretary may award grants to the entities 
described in section 205(a) and shall adopt necessary procedures, 
including audits, to ensure that grants made under this section are 
expended in accordance with the purposes of this Act and the priorities 
and other criteria developed by the Secretary.
    (d) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 114(u)(4) of title 49, United States Code, there 
shall be made available to the Secretary of Homeland Security to carry 
out this section--
            (1) $35,000,000 for fiscal year 2007;
            (2) $35,000,000 for fiscal year 2008; and
            (3) $35,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain 
available until expended.

SEC. 207. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary of Homeland Security may 
use up to 0.5 percent of amounts made available for capital projects 
under the Rail Security Act of 2006 to enter into contracts for the 
review of proposed capital projects and related program management 
plans and to oversee construction of such projects.
    (b) Use of Funds.--The Secretary may use amounts available under 
subsection (a) of this subsection to make contracts to audit and review 
the safety, procurement, management, and financial compliance of a 
recipient of amounts under this Act.
    (c) Procedures for Grant Award.--The Secretary shall, within 90 
days after the date of enactment of this Act, prescribe procedures and 
schedules for the awarding of grants under this Act, including 
application and qualification procedures (including a requirement that 
the applicant have a security plan), and a record of decision on 
applicant eligibility. The procedures shall include the execution of a 
grant agreement between the grant recipient and the Secretary and shall 
be consistent, to the extent practicable, with the grant procedures 
established under section 70107 of title 46, United States Code.

SEC. 208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Rail Security Act of 2006, Amtrak shall submit 
to the Chairman of the National Transportation Safety Board, the 
Secretary of Transportation, and the Secretary of Homeland Security a 
plan for addressing the needs of the families of passengers involved in 
any rail passenger accident involving an Amtrak intercity train and 
resulting in a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board and the Secretary 
        of Transportation, immediately upon request, a list (which is 
        based on the best available information at the time of the 
        request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for Amtrak to use 
        reasonable efforts to ascertain the number and names of 
        passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family unless the possession is needed for the 
        accident investigation or any criminal investigation; and that 
        any unclaimed possession of a passenger within Amtrak's control 
        will be retained by the rail passenger carrier for at least 18 
        months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--The National Transportation Safety 
Board, the Secretary of Transportation, and Amtrak may not release any 
personal information on a list obtained under subsection (b)(1) but may 
provide information on the list about a passenger to the family of the 
passenger to the extent that the Board or Amtrak considers appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Funding.--Out of funds appropriated pursuant to section 102 
of the Rail Security Act of 2006, there shall be made available to the 
Secretary of Transportation for the use of Amtrak $500,000 for fiscal 
year 2007 to carry out this section. Amounts made available pursuant to 
this subsection shall remain available until expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

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

SEC. 209. NORTHERN BORDER RAIL PASSENGER REPORT.

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

SEC. 210. RAIL WORKER SECURITY TRAINING PROGRAM.

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

SEC. 211. WHISTLEBLOWER PROTECTION PROGRAM.

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

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

SEC. 212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and the Secretary of 
Transportation, shall require rail carriers transporting a high hazard 
material, as defined in section 205(g) of this Act and of a quantity 
equal or exceeding the quantities of such material listed in subpart 
172.800, title 49, Federal Code of Regulations, to develop a high 
hazard material security threat mitigation plan containing appropriate 
measures, including alternative routing and temporary shipment 
suspension options, to address assessed risks to high consequence 
targets. The plan, and any information submitted to the Secretary under 
this section shall be protected as sensitive security information under 
the regulations prescribed under section 114(s) of title 49, United 
States Code.
    (b) Implementation.--A high hazard material security threat 
mitigation plan shall be put into effect by a rail carrier for the 
shipment of high hazardous materials by rail on the rail carrier's 
right-of-way when the threat levels of the Homeland Security Advisory 
System are high or severe and specific intelligence of probable or 
imminent threat exists towards--
            (1) a high-consequence target that is within the 
        catastrophic impact zone of a railroad right-of-way used to 
        transport high hazardous material; or
            (2) rail infrastructure or operations within the immediate 
        vicinity of a high-consequence target.
    (c) Completion and Review of Plans.--
            (1) Plans required.--Each rail carrier shall--
                    (A) submit a list of routes used to transport high 
                hazard materials to the Secretary of Homeland Security 
                within 60 days after the date of enactment of this Act;
                    (B) develop and submit a high hazard material 
                security threat mitigation plan to the Secretary within 
                180 days after it receives the notice of high 
                consequence targets on such routes by the Secretary; 
                and
                    (C) submit any subsequent revisions to the plan to 
                the Secretary within 30 days after making the 
                revisions.
            (2) Review and updates.--The Secretary, with assistance of 
        the Secretary of Transportation, shall review the plans and 
        transmit comments to the railroad carrier concerning any 
        revisions the Secretary considers necessary. A railroad carrier 
        shall respond to the Secretary's comments within 30 days after 
        receiving them. Each rail carrier shall update and resubmit its 
        plan for review not less than every 2 years.
    (d) Definitions.--In this section:
            (1) The term ``high-consequence target'' means a building, 
        buildings, infrastructure, public space, or natural resource 
        designated by the Secretary of Homeland Security that is viable 
        terrorist target of national significance, the attack of which 
        could result in--
                    (A) catastrophic loss of life; and
                    (B) significantly damaged national security and 
                defense capabilities; or
                    (C) national economic harm.
            (2) The term ``catastrophic impact zone'' means the area 
        immediately adjacent to, under, or above an active railroad 
        right-of-way used to ship high hazard materials in which the 
        potential release or explosion of the high hazard material 
        being transported would likely cause--
                    (A) loss of life; or
                    (B) significant damage to property or structures.
            (3) The term ``rail carrier'' has the meaning given that 
        term by section 10102(5) of title 49, United States Code.

SEC. 213. MEMORANDUM OF AGREEMENT.

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

SEC. 214. RAIL SECURITY ENHANCEMENTS.

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

SEC. 215. PUBLIC AWARENESS.

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

SEC. 216. RAILROAD HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications.--
            (1) In general.--In conjunction with the research and 
        development program established under section 206 and 
        consistent with the results of research relating to wireless 
        tracking technologies, the Secretary of Homeland Security, in 
        consultation with the Assistant Secretary of Homeland Security 
        (Transportation Security Administration), shall develop a 
        program that will encourage the equipping of rail cars 
        transporting high hazard materials (as defined in section 
        205(g) of this Act) in quantities equal to or greater than the 
        quantities specified in subpart 171.800 of title 49, Code of 
        Federal Regulations, with wireless terrestrial or satellite 
        communications technology that provides--
                    (A) car position location and tracking 
                capabilities;
                    (B) notification of rail car depressurization, 
                breach, or unsafe temperature; and
                    (C) notification of hazardous material release.
            (2) Coordination.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for rail car tracking at the Department of 
                Transportation; and
                    (B) ensure that the program is consistent with 
                recommendations and findings of the Department of 
                Homeland Security's hazardous material tank rail car 
                tracking pilot programs.
    (b) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section $3,000,000 for each of fiscal years 2007, 2008, and 2009.

SEC. 217. AUTHORIZATION OF APPROPRIATIONS.

    (a) Transportation Security Administration Authorization.--Section 
114 of title 49, United States Code, is amended by adding at the end 
thereof the following:
    ``(u) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security, (Transportation 
Security Administration) for rail security--
            ``(1) $206,500,000 for fiscal year 2007;
            ``(2) $168,000,000 for fiscal year 2008; and
            ``(3) $168,000,000 for fiscal year 2009.''.
    (b) Department of Transportation.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out this title 
and sections 20118 and 24316 of title 49, United States Code, as added 
by this title--
            (1) $225,000,000 for fiscal year 2007;
            (2) $223,000,000 for fiscal year 2008; and
            (3) $223,000,000 for fiscal year 2009.D23/

                 TITLE III--IMPROVED MARITIME SECURITY

SEC. 300. SHORT TITLE.

    This title may be cited as the ``Maritime Security Improvement Act 
of 2006''.

SEC. 301. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL CENTERS 
              FOR PORT SECURITY.

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

SEC. 302. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE 
              RESPONSE PLAN.

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

SEC. 303. POST-INCIDENT RESUMPTION OF TRADE.

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

SEC. 304. ASSISTANCE FOR FOREIGN PORTS.

    (a) In General.--Section 70109 of title 46, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 70109. International cooperation and coordination'' ; and
            (2) by adding at the end the following:
    ``(c) Foreign Assistance Programs.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Transportation, the Secretary of State, the 
        Secretary of Energy, and the Commandant of the United States 
        Coast Guard, shall identify foreign assistance programs that 
        could facilitate implementation of port security antiterrorism 
        measures in foreign countries. The Secretary shall establish a 
        program to utilize those programs that are capable of 
        implementing port security antiterrorism measures at ports in 
        foreign countries that the Secretary finds, under section 
        70108, to lack effective antiterrorism measures.
            ``(2) Caribbean basin.--The Secretary, in coordination with 
        the Secretary of State and in consultation with the 
        Organization of American States and the Commandant of the 
        United States Coast Guard, shall place particular emphasis on 
        utilizing programs to facilitate the implementation of port 
        security antiterrorism measures at the ports located in the 
        Caribbean Basin, as such ports pose unique security and safety 
        threats to the United States due to--
                    ``(A) the strategic location of such ports between 
                South America and United States;
                    ``(B) the relative openness of such ports; and
                    ``(C) the significant number of shipments of 
                narcotics to the United States that are moved through 
                such ports.
    ``(d) International Cargo Security Standards.--The Secretary of 
State, in consultation with the Secretary acting through the 
Commissioner of Customs and Border Protection, shall enter into 
negotiations with foreign governments and international organizations, 
including the International Maritime Organization, the World Customs 
Organization, the International Labor Organization, and the 
International Standards Organization, as appropriate--
            ``(1) to promote standards for the security of containers 
        and other cargo moving within the international supply chain;
            ``(2) to encourage compliance with minimum technical 
        requirements for the capabilities of nonintrusive inspection 
        equipment, including imaging and radiation detection devices, 
        established under section 306 of the Maritime Security 
        Improvement Act of 2006;
            ``(3) to implement the requirements of the container 
        security initiative under section 70121; and
            ``(4) to implement standards and procedures established 
        under section 70116.''.
    (b) Report on Security at Ports in the Caribbean Basin.--Not later 
than 180 days after the date of enactment of this Act, the Comptroller 
General shall submit to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on 
Transportation and Infrastructure, and the House of Representatives 
Committee on Homeland Security a report on the security of ports in the 
Caribbean Basin. The report--
            (1) shall include--
                    (A) an assessment of the effectiveness of the 
                measures employed to improve security at ports in the 
                Caribbean Basin and recommendations for any additional 
                measures to improve such security;
                    (B) an estimate of the number of ports in the 
                Caribbean Basin that will not be secured by January 1, 
                2007, and an estimate of the financial impact in the 
                United States of any action taken pursuant to section 
                70110 of title 46, United States Code, that affects 
                trade between such ports and the United States; and
                    (C) an assessment of the additional resources and 
                program changes that are necessary to maximize security 
                at ports in the Caribbean Basin; and
            (2) may be submitted in both classified and redacted 
        formats.
    (c) Conforming Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by striking the item relating 
to section 70901 and inserting the following:

``70901. International cooperation and coordination''.

SEC. 305. IMPROVED DATA FOR TARGETED CARGO SEARCHES.

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

SEC. 306. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION 
              EQUIPMENT.

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

SEC. 307. RANDOM INSPECTION OF CONTAINERS.

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

SEC. 308. CARGO SECURITY.

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

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

SEC. 309. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

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

SEC. 310. PORT SECURITY USER FEE STUDY.

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

SEC. 311. DEADLINE FOR TRANSPORTATION SECURITY CARDS.

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

SEC. 312. PORT SECURITY GRANTS.

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

SEC. 313. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM SECURITY 
              VALIDATION PROGRAM.

    (a) In General.--Chapter 701 of title 46, United States Code, as 
amended by section 308 of this title, is further amended--
            (1) by redesignating section 70122 (as redesignated by 
        section 538(a)(3) of this title) as section 70123; and
            (2) by inserting after section 70121 the following:
``Sec. 70122. Customs-Trade Partnership Against Terrorism validation 
              program
    ``(a) Validation; Records Management.--The Secretary of Homeland 
Security, through the Commissioner of Customs and Border Protection, 
shall issue regulations--
            ``(1) to strengthen the validation process to verify that 
        security programs of members of the Customs-Trade Partnership 
        Against Terrorism have been implemented and that the program 
        benefits should continue by providing appropriate guidance to 
        specialists conducting such validations, including establishing 
        what level of review is adequate to determine whether member 
        security practices are reliable, accurate, and effective; and
            ``(2) to implement a records management system that 
        documents key decisions and significant operational events 
        accurately and in a timely manner, including a reliable system 
        for--
                    ``(A) documenting and maintaining records of all 
                decisions in the application through validation 
                processes, including documentation of the objectives, 
                scope, methodologies, and limitations of validations; 
                and
                    ``(B) tracking member status.
    ``(b) Human Capital Plan.--Within 6 months after the date of 
enactment of the Maritime Security Improvement Act of 2006, the 
Secretary shall complete a human capital plan, that clearly describes 
how the Customs-Trade Partnership Against Terrorism program will 
recruit, train, and retain sufficient staff to conduct the work of the 
program successfully, including reviewing security profiles, vetting, 
and conducting validations to mitigate program risk.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security to carry out section 
70122 of title 49, United States Code, not to exceed--
            (1) $60,000,000 for fiscal year 2007;
            (2) $65,000,000 for fiscal year 2008; and
            (3) $72,000,000 for fiscal year 2009.
    (c) Conforming Amendments.--
            (1) The chapter analysis for chapter 701 of title 46, 
        United States Code, as amended by section 308(b) of this title, 
        is further amended by striking the item relating to section 
        70122 and inserting the following:

        ``70122. Customs-Trade Partnership Against Terrorism validation 
                            program
        ``70123. Civil penalty''.
            (2) Section 70117(a) and 70119(a) of title 46, United 
        States Code, as amended by section 308(b)(2) and (3), 
        respectively, of this Act, are each amended by striking 
        ``section 70122,'' and inserting ``section 70123,''.

SEC. 314. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.

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

SEC. 315. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION SECURITY CARD.

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

SEC. 316. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

    Within 120 days after the date of enactment of this Act, the 
Secretary of Homeland Security, acting through the Commissioner of 
Customs and Border Protection, in coordination with the Secretary of 
State, and their Canadian counterparts, shall develop a plan for the 
inspection of passengers and vehicles before such passengers board, or 
such vehicles are loaded onto, a ferry bound for a United States port.
                                                       Calendar No. 430

109th CONGRESS

  2d Session

                                S. 2791

_______________________________________________________________________

                                 A BILL

  To amend titles 46 and 49, United States Code, to provide improved 
   maritime, rail, and public transportation security, and for other 
                               purposes.

_______________________________________________________________________

                              May 12, 2006

            Read the second time and placed on the calendar
```