II 

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. 

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


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1 SECTION 1. TABLE OF CONTENTS. 

2 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. 


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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. 

Sec. 316. Inspection of car ferries entering from Canada. 

1 TITLE I—IMPROVED PUBLIC 

2 TRANSPORTATION SECURITY 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Public Transportation 

5 Terrorism Prevention Act of 2006’’. 

6 SEC. 102. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds that— 

8 (1) public transportation systems throughout 

9 the world have been a primary target of terrorist at10 tacks, causing countless death and injuries; 

11 (2) 5,800 public transportation agencies operate 

12 in the United States; 

13 (3) 14,000,000 people in the United States ride 

14 public transportation each work day; 

15 (4) safe and secure public transportation sys16 tems are essential for the Nation’s economy and for 

17 significant national and international public events; 

18 (5) the Federal Transit Administration has in19 vested $74,900,000,000 since 1992 for construction 

20 and improvements to the Nation’s public transpor21 tation systems; 


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1 (6) the Federal Government appropriately in2 vested $18,100,000,000 in fiscal years 2002 through 

3 2005 to protect our Nation’s aviation system and its 

4 1,800,000 daily passengers; 

5 (7) the Federal Government has allocated 

6 $250,000,000 in fiscal years 2003 through 2005 to 

7 protect public transportation systems in the United 

8 States; 

9 (8) the Federal Government has invested $7.38 

10 in aviation security improvements per passenger, but 

11 only $0.007 in public transportation security im12 provements per passenger; 

13 (9) the Government Accountability Office, the 

14 Mineta Institute for Surface Transportation Policy 

15 Studies, the American Public Transportation Asso16 ciation, and many transportation experts have re17 ported an urgent need for significant investment in 

18 public transportation security improvements; and 

19 (10) the Federal Government has a duty to 

20 deter and mitigate, to the greatest extent prac21 ticable, threats against the Nation’s public transpor22 tation systems. 

23 SEC. 103. SECURITY ASSESSMENTS. 

24 (a) PUBLIC TRANSPORTATION SECURITY ASSESS25 MENTS.— 


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1 (1) SUBMISSION.—Not later than 30 days after 

2 the date of enactment of this Act, the Federal Tran3 sit Administration of the Department of Transpor4 tation shall submit all public transportation security 

5 assessments and all other relevant information to 

6 the Secretary of Homeland Security. 

7 (2) REVIEW.—Not later than July 31, 2006, 

8 the Secretary of Homeland Security shall review and 

9 augment the security assessments received under 

10 paragraph (1). 

11 (3) ALLOCATIONS.—The Secretary of Home12 land Security shall use the security assessments re13 ceived under paragraph (1) as the basis for allo14 cating grant funds under section 104, unless the 

15 Secretary notifies the Committee on Banking, Hous16 ing, and Urban Affairs of the Senate that the Sec17 retary has determined that an adjustment is nec18 essary to respond to an urgent threat or other sig19 nificant factors. 

20 (4) SECURITY IMPROVEMENT PRIORITIES.—Not 

21 later than September 30, 2006, the Secretary of 

22 Homeland Security, after consultation with the man23 agement and employee representatives of each public 

24 transportation system for which a security assess25 ment has been received under paragraph (1), shall 


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1 establish security improvement priorities that will be 

2 used by public transportation agencies for any fund3 ing provided under section 104. 

4 (5) UPDATES.—Not later than July 31, 2007, 

5 and annually thereafter, the Secretary of Homeland 

6 Security shall— 

7 (A) update the security assessments re8 ferred to in this subsection; and 

9 (B) conduct security assessments of all 

10 public transportation agencies considered to be 

11 at greatest risk of a terrorist attack. 

12 (b) USE OF SECURITY ASSESSMENT INFORMA13 TION.—The Secretary of Homeland Security shall use the 

14 information collected under subsection (a)— 

15 (1) to establish the process for developing secu16 rity guidelines for public transportation security; and 

17 (2) to design a security improvement strategy 

18 that— 

19 (A) minimizes terrorist threats to public 

20 transportation systems; and 

21 (B) maximizes the efforts of public trans22 portation systems to mitigate damage from ter23 rorist attacks. 

24 (c) BUS AND RURAL PUBLIC TRANSPORTATION SYS25 TEMS.—Not later than July 31, 2006, the Secretary of 


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1 Homeland Security shall conduct security assessments, 

2 appropriate to the size and nature of each system, to de3 termine the specific needs of— 

4 (1) local bus-only public transportation systems; 

5 and 

6 (2) selected public transportation systems that 

7 receive funds under section 5311 of title 49, United 

8 States Code. 

9 SEC. 104. SECURITY ASSISTANCE GRANTS. 

10 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

11 (1) IN GENERAL.—The Secretary of Homeland 

12 Security shall award grants directly to public trans13 portation agencies for allowable capital security im14 provements based on the priorities established under 

15 section 103(a)(4). 

16 (2) ALLOWABLE USE OF FUNDS.—Grants 

17 awarded under paragraph (1) may be used for— 

18 (A) tunnel protection systems; 

19 (B) perimeter protection systems; 

20 (C) redundant critical operations control 

21 systems; 

22 (D) chemical, biological, radiological, or ex23 plosive detection systems; 

24 (E) surveillance equipment; 

25 (F) communications equipment; 


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1 (G) emergency response equipment; 

2 (H) fire suppression and decontamination 

3 equipment; 

4 (I) global positioning or automated vehicle 

5 locator type system equipment; 

6 (J) evacuation improvements; and 

7 (K) other capital security improvements. 

8 (b) OPERATIONAL SECURITY ASSISTANCE PRO9 GRAM.— 

10 (1) IN GENERAL.—The Secretary of Homeland 

11 Security shall award grants directly to public trans12 portation agencies for allowable operational security 

13 improvements based on the priorities established 

14 under section 103(a)(4). 

15 (2) ALLOWABLE USE OF FUNDS.—Grants 

16 awarded under paragraph (1) may be used for— 

17 (A) security training for public transpor18 tation employees, including bus and rail opera19 tors, mechanics, customer service, maintenance 

20 employees, transit police, and security per21 sonnel; 

22 (B) live or simulated drills; 

23 (C) public awareness campaigns for en24 hanced public transportation security; 


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1 (D) canine patrols for chemical, biological, 

2 or explosives detection; 

3 (E) overtime reimbursement for enhanced 

4 security personnel during significant national 

5 and international public events, consistent with 

6 the priorities established under section 

7 103(a)(4); and 

8 (F) other appropriate security improve9 ments identified under section 103(a)(4), ex10 cluding routine, ongoing personnel costs. 

11 (c) CONGRESSIONAL NOTIFICATION.—Not later than 

12 3 days before the award of any grant under this section, 

13 the Secretary of Homeland Security shall notify the Com14 mittee on Banking, Housing, and Urban Affairs of the 

15 Senate of the intent to award such grant. 

16 (d) PUBLIC TRANSPORTATION AGENCY RESPON17 SIBILITIES.—Each public transportation agency that re18 ceives a grant under this section shall— 

19 (1) identify a security coordinator to coordinate 

20 security improvements; 

21 (2) develop a comprehensive plan that dem22 onstrates the agency’s capacity for operating and 

23 maintaining the equipment purchased under this 

24 section; and 


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1 (3) report annually to the Department of 

2 Homeland Security on the use of grant funds re3 ceived under this section. 

4 (e) RETURN OF MISSPENT GRANT FUNDS.—If the 

5 Secretary of Homeland Security determines that a grantee 

6 used any portion of the grant funds received under this 

7 section for a purpose other than the allowable uses speci8 fied for that grant under this section, the grantee shall 

9 return any amount so used to the Treasury of the United 

10 States. 

11 SEC. 105. INTELLIGENCE SHARING. 

12 (a) INTELLIGENCE SHARING.—The Secretary of 

13 Homeland Security shall ensure that the Department of 

14 Transportation receives appropriate and timely notifica15 tion of all credible terrorist threats against public trans16 portation assets in the United States. 

17 (b) INFORMATION SHARING ANALYSIS CENTER.— 

18 (1) ESTABLISHMENT.—The Secretary of Home19 land Security shall provide sufficient financial assist20 ance for the reasonable costs of the Information 

21 Sharing and Analysis Center for Public Transpor22 tation (referred to in this subsection as the ‘‘ISAC’’) 

23 established pursuant to Presidential Directive 63, to 

24 protect critical infrastructure. 


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1 (2) PUBLIC TRANSPORTATION AGENCY PARTICI2 PATION.—The Secretary of Homeland Security— 

3 (A) shall require those public transpor4 tation agencies that the Secretary determines to 

5 be at significant risk of terrorist attack to par6 ticipate in the ISAC; 

7 (B) shall encourage all other public trans8 portation agencies to participate in the ISAC; 

9 and 

10 (C) shall not charge a fee to any public 

11 transportation agency for participating in the 

12 ISAC. 

13 SEC. 106. RESEARCH, DEVELOPMENT, AND DEMONSTRA14 TION GRANTS. 

15 (a) GRANTS AUTHORIZED.—The Secretary of Home16 land Security, in consultation with the Federal Transit 

17 Administration, shall award grants to public or private en18 tities to conduct research into, and demonstrate, tech19 nologies and methods to reduce and deter terrorist threats 

20 or mitigate damages resulting from terrorist attacks 

21 against public transportation systems. 

22 (b) USE OF FUNDS.—Grants awarded under sub23 section (a) may be used to— 


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1 (1) research chemical, biological, radiological, or 

2 explosive detection systems that do not significantly 

3 impede passenger access; 

4 (2) research imaging technologies; 

5 (3) conduct product evaluations and testing; 

6 and 

7 (4) research other technologies or methods for 

8 reducing or deterring terrorist attacks against public 

9 transportation systems, or mitigating damage from 

10 such attacks. 

11 (c) REPORTING REQUIREMENT.—Each entity that 

12 receives a grant under this section shall report annually 

13 to the Department of Homeland Security on the use of 

14 grant funds received under this section. 

15 (d) RETURN OF MISSPENT GRANT FUNDS.—If the 

16 Secretary of Homeland Security determines that a grantee 

17 used any portion of the grant funds received under this 

18 section for a purpose other than the allowable uses speci19 fied under subsection (b), the grantee shall return any 

20 amount so used to the Treasury of the United States. 

21 SEC. 107. REPORTING REQUIREMENTS. 

22 (a) SEMI-ANNUAL REPORT TO CONGRESS.— 

23 (1) IN GENERAL.—Not later than March 31 

24 and September 30 of each year, the Secretary of 


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1 Homeland Security shall submit a report, containing 

2 the information described in paragraph (2), to— 

3 (A) the Committee on Banking, Housing, 

4 and Urban Affairs of the Senate; 

5 (B) the Committee on Homeland Security 

6 and Governmental Affairs of the Senate; and 

7 (C) the Committee on Appropriations of 

8 the Senate. 

9 (2) CONTENTS.—The report submitted under 

10 paragraph (1) shall include— 

11 (A) a description of the implementation of 

12 the provisions of sections 103 through 106; 

13 (B) the amount of funds appropriated to 

14 carry out the provisions of each of sections 103 

15 through 106 that have not been expended or 

16 obligated; and 

17 (C) the state of public transportation secu18 rity in the United States. 

19 (b) ANNUAL REPORT TO GOVERNORS.— 

20 (1) IN GENERAL.—Not later than March 31 of 

21 each year, the Secretary of Homeland Security shall 

22 submit a report to the Governor of each State with 

23 a public transportation agency that has received a 

24 grant under this title. 


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1 (2) CONTENTS.—The report submitted under 

2 paragraph (1) shall specify— 

3 (A) the amount of grant funds distributed 

4 to each such public transportation agency; and 

5 (B) the use of such grant funds. 

6 SEC. 108. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

8 There are authorized to be appropriated $2,370,000,000 

9 for fiscal year 2007 to carry out the provisions of section 

10 104(a), which shall remain available until expended. 

11 (b) OPERATIONAL SECURITY ASSISTANCE PRO12 GRAM.—There are authorized to be appropriated to carry 

13 out the provisions of section 104(b)— 

14 (1) $534,000,000 for fiscal year 2007; 

15 (2) $333,000,000 for fiscal year 2008; and 

16 (3) $133,000,000 for fiscal year 2009. 

17 (c) INTELLIGENCE.—There are authorized to be ap18 propriated such sums as may be necessary to carry out 

19 the provisions of section 105. 

20 (d) RESEARCH.—There are authorized to be appro21 priated $130,000,000 for fiscal year 2007 to carry out the 

22 provisions of section 106, which shall remain available 

23 until expended. 


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1 SEC. 109. SUNSET PROVISION. 

2 The authority to make grants under this title shall 

3 expire on October 1, 2009. 

4 TITLE II—IMPROVED RAIL 

5 SECURITY 

6 SEC. 201. SHORT TITLE. 

7 This title may be cited as the ‘‘Rail Security Act of 

8 2006’’. 

9 SEC. 202. RAIL TRANSPORTATION SECURITY RISK ASSESS10 MENT. 

11 (a) IN GENERAL.— 

12 (1) VULNERABILITY AND RISK ASSESSMENT.— 

13 The Secretary of Homeland Security shall establish 

14 a task force, including the Transportation Security 

15 Administration, the Department of Transportation, 

16 and other appropriate agencies, to complete a vul17 nerability and risk assessment of freight and pas18 senger rail transportation (encompassing railroads, 

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

20 49, United States Code). The assessment shall in21 clude— 

22 (A) a methodology for conducting the risk 

23 assessment, including timelines, that addresses 

24 how the Department of Homeland Security will 

25 work with the entities describe in subsection (b) 

26 and make use of existing Federal expertise 


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1 within the Department of Homeland Security, 

2 the Department of Transportation, and other 

3 appropriate agencies; 

4 (B) identification and evaluation of critical 

5 assets and infrastructures; 

6 (C) identification of vulnerabilities and 

7 risks to those assets and infrastructures; 

8 (D) identification of vulnerabilities and 

9 risks that are specific to the transportation of 

10 hazardous materials via railroad; 

11 (E) identification of security weaknesses in 

12 passenger and cargo security, transportation in13 frastructure, protection systems, procedural 

14 policies, communications systems, employee 

15 training, emergency response planning, and any 

16 other area identified by the assessment; and 

17 (F) an account of actions taken or planned 

18 by both public and private entities to address 

19 identified rail security issues and assess the ef20 fective integration of such actions. 

21 (2) RECOMMENDATIONS.—Based on the assess22 ment conducted under paragraph (1), the Secretary, 

23 in consultation with the Secretary of Transportation, 

24 shall develop prioritized recommendations for imVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 proving rail security, including any recommendations 

2 the Secretary has for— 

3 (A) improving the security of rail tunnels, 

4 rail bridges, rail switching and car storage 

5 areas, other rail infrastructure and facilities, in6 formation systems, and other areas identified 

7 by the Secretary as posing significant rail-re8 lated risks to public safety and the movement 

9 of interstate commerce, taking into account the 

10 impact that any proposed security measure 

11 might have on the provision of rail service; 

12 (B) deploying equipment to detect explo13 sives and hazardous chemical, biological, and 

14 radioactive substances, and any appropriate 

15 countermeasures; 

16 (C) training appropriate railroad or rail17 road shipper employees in terrorism prevention, 

18 passenger evacuation, and response activities; 

19 (D) conducting public outreach campaigns 

20 on passenger railroads; 

21 (E) deploying surveillance equipment; and 

22 (F) identifying the immediate and long23 term costs of measures that may be required to 

24 address those risks. 


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

2 (c) shall include— 

3 (A) a plan, developed in consultation with 

4 the freight and intercity passenger railroads, 

5 and State and local governments, for the Fed6 eral government to provide increased security 

7 support at high or severe threat levels of alert; 

8 (B) a plan for coordinating existing and 

9 planned rail security initiatives undertaken by 

10 the public and private sectors; and 

11 (C) a contingency plan, developed in con12 junction with freight and intercity and com13 muter passenger railroads, to ensure the contin14 ued movement of freight and passengers in the 

15 event of an attack affecting the railroad system, 

16 which shall contemplate— 

17 (i) the possibility of rerouting traffic 

18 due to the loss of critical infrastructure, 

19 such as a bridge, tunnel, yard, or station; 

20 and 

21 (ii) methods of continuing railroad 

22 service in the Northeast Corridor in the 

23 event of a commercial power loss, or catas24 trophe affecting a critical bridge, tunnel, 

25 yard, or station. 


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

3 the recommendations and plans required by subsection 

4 (a), the Secretary of Homeland Security shall consult with 

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

6 used to transport hazardous materials, first responders, 

7 shippers of hazardous materials, public safety officials, 

8 and other relevant parties. 

9 (c) REPORT.— 

10 (1) CONTENTS.—Within 180 days after the 

11 date of enactment of this Act, the Secretary shall 

12 transmit to the Senate Committee on Commerce, 

13 Science, and Transportation, the House of Rep14 resentatives Committee on Transportation and In15 frastructure, and the House of Representatives Com16 mittee on Homeland Security a report containing the 

17 assessment, prioritized recommendations, and plans 

18 required by subsection (a) and an estimate of the 

19 cost to implement such recommendations. 

20 (2) FORMAT.—The Secretary may submit the 

21 report in both classified and redacted formats if the 

22 Secretary determines that such action is appropriate 

23 or necessary. 

24 (d) ANNUAL UPDATES.—The Secretary, in consulta25 tion with the Secretary of Transportation, shall update the 


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1 assessment and recommendations each year and transmit 

2 a report, which may be submitted in both classified and 

3 redacted formats, to the Committees named in subsection 

4 (c)(1), containing the updated assessment and rec5 ommendations. 

6 (e) FUNDING.—Out of funds appropriated pursuant 

7 to section 114(u)(2) of title 49, United States Code, there 

8 shall be made available to the Secretary of Homeland Se9 curity to carry out this section $5,000,000 for fiscal year 

10 2007. 

11 SEC. 203. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

12 (a) IN GENERAL.—Subject to subsection (c) the Sec13 retary of Homeland Security, in consultation with the As14 sistant Secretary of Homeland Security (Transportation 

15 Security Administration), is authorized to make grants to 

16 Amtrak— 

17 (1) to secure major tunnel access points and en18 sure tunnel integrity in New York, Baltimore, and 

19 Washington, DC; 

20 (2) to secure Amtrak trains; 

21 (3) to secure Amtrak stations; 

22 (4) to obtain a watch list identification system 

23 approved by the Secretary; 


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1 (5) to obtain train tracking and interoperable 

2 communications systems that are coordinated to the 

3 maximum extent possible; 

4 (6) to hire additional police and security offi5 cers, including canine units; 

6 (7) to expand emergency preparedness efforts; 

7 and 

8 (8) for employee security training. 

9 (b) CONDITIONS.—The Secretary of Transportation 

10 shall disburse funds to Amtrak provided under subsection 

11 (a) for projects contained in a systemwide security plan 

12 approved by the Secretary of Homeland Security. The 

13 plan shall include appropriate measures to address secu14 rity awareness, emergency response, and passenger evacu15 ation training. 

16 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The 

17 Secretary shall ensure that, subject to meeting the highest 

18 security needs on Amtrak’s entire system and consistent 

19 with the risk assessment required under section 202, sta20 tions and facilities located outside of the Northeast Cor21 ridor receive an equitable share of the security funds au22 thorized by this section. 

23 (d) AVAILABILITY OF FUNDS.—Out of funds appro24 priated pursuant to section 114(u)(2) of title 49, United 

25 States Code, there shall be made available to the Secretary 


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1 of Homeland Security and the Assistant Secretary of 

2 Homeland Security (Transportation Security Administra3 tion) to carry out this section— 

4 (1) $63,500,000 for fiscal year 2007; 

5 (2) $30,000,000 for fiscal year 2008; and 

6 (3) $30,000,000 for fiscal year 2009. 

7 Amounts appropriated pursuant to this subsection shall 

8 remain available until expended. 

9 SEC. 204. FIRE AND LIFE-SAFETY IMPROVEMENTS. 

10 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans11 portation, in consultation with the Secretary of Homeland 

12 Security, is authorized to make grants to Amtrak for the 

13 purpose of making fire and life-safety improvements to 

14 Amtrak tunnels on the Northeast Corridor in New York, 

15 NY, Baltimore, MD, and Washington, DC. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

17 funds appropriated pursuant to section 102 of this Act, 

18 there shall be made available to the Secretary of Transpor19 tation for the purposes of carrying out subsection (a) the 

20 following amounts: 

21 (1) For the 6 New York tunnels to provide ven22 tilation, electrical, and fire safety technology up23 grades, emergency communication and lighting sys24 tems, and emergency access and egress for pas25 sengers— 


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1 (A) $190,000,000 for fiscal year 2007; 

2 (B) $190,000,000 for fiscal year 2008; and 

3 (C) $190,000,000 for fiscal year 2009. 

4 (2) For the Baltimore & Potomac tunnel and 

5 the Union tunnel, together, to provide adequate 

6 drainage, ventilation, communication, lighting, and 

7 passenger egress upgrades— 

8 (A) $19,000,000 for fiscal year 2007; 

9 (B) $19,000,000 for fiscal year 2008; and 

10 (C) $19,000,000 for fiscal year 2009. 

11 (3) For the Washington, DC, Union Station 

12 tunnels to improve ventilation, communication, light13 ing, and passenger egress upgrades— 

14 (A) $13,333,000 for fiscal year 2007; 

15 (B) $13,333,000 for fiscal year 2008; and 

16 (C) $13,333,000 for fiscal year 2009. 

17 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap18 propriated pursuant to section 102 of this Act, there shall 

19 be made available to the Secretary of Transportation for 

20 fiscal year 2007 $3,000,000 for the preliminary design of 

21 options for a new tunnel on a different alignment to aug22 ment the capacity of the existing Baltimore tunnels. 

23 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

24 Amounts made available pursuant to this section shall re25 main available until expended. 


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1 (e) PLANS REQUIRED.—The Secretary of Transpor2 tation may not make amounts available to Amtrak for ob3 ligation or expenditure under subsection (a)— 

4 (1) until Amtrak has submitted to the Sec5 retary, and the Secretary has approved, an engineer6 ing and financial plan for such projects; and 

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

8 this section, the Secretary has approved a project 

9 management plan prepared by Amtrak addressing 

10 appropriate project budget, construction schedule, 

11 recipient staff organization, document control and 

12 record keeping, change order procedure, quality con13 trol and assurance, periodic plan updates, and peri14 odic status reports. 

15 (f) REVIEW OF PLANS.—The Secretary of Transpor16 tation shall complete the review of the plans required by 

17 paragraphs (1) and (2) of subsection (e) and approve or 

18 disapprove the plans within 45 days after the date on 

19 which each such plan is submitted by Amtrak. If the Sec20 retary determines that a plan is incomplete or deficient, 

21 the Secretary shall notify Amtrak of the incomplete items 

22 or deficiencies and Amtrak shall, within 30 days after re23 ceiving the Secretary’s notification, submit a modified 

24 plan for the Secretary’s review. Within 15 days after re25 ceiving additional information on items previously included 


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1 in the plan, and within 45 days after receiving items newly 

2 included in a modified plan, the Secretary shall either ap3 prove the modified plan, or, if the Secretary finds the plan 

4 is still incomplete or deficient, the Secretary shall identify 

5 in writing to the Senate Committee on Commerce, Science, 

6 and Transportation, the House of Representatives Com7 mittee on Transportation and Infrastructure, and the 

8 House of Representatives Committee on Homeland Secu9 rity the portions of the plan the Secretary finds incomplete 

10 or deficient, approve all other portions of the plan, obligate 

11 the funds associated with those other portions, and exe12 cute an agreement with Amtrak within 15 days thereafter 

13 on a process for resolving the remaining portions of the 

14 plan. 

15 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN16 NEL USERS.—The Secretary shall, taking into account the 

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

18 projects described in subsection (a)— 

19 (1) consider the extent to which rail carriers 

20 other than Amtrak use or plan to use the tunnels; 

21 (2) consider the feasibility of seeking a financial 

22 contribution from those other rail carriers toward 

23 the costs of the projects; and 

24 (3) obtain financial contributions or commit25 ments from such other rail carriers at levels reflectVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 ing the extent of their use or planned use of the tun2 nels, if feasible. 

3 SEC. 205. FREIGHT AND PASSENGER RAIL SECURITY UP4 GRADES. 

5 (a) SECURITY IMPROVEMENT GRANTS.—The Sec6 retary of Homeland Security, through the Assistant Sec7 retary of Homeland Security (Transportation Security Ad8 ministration) and other appropriate agencies, is author9 ized to make grants to freight railroads, the Alaska Rail10 road, hazardous materials shippers, owners of rail cars 

11 used in the transportation of hazardous materials, univer12 sities, colleges and research centers, State and local gov13 ernments (for rail passenger facilities and infrastructure 

14 not owned by Amtrak), and, through the Secretary of 

15 Transportation, to Amtrak, for full or partial reimburse16 ment of costs incurred in the conduct of activities to pre17 vent or respond to acts of terrorism, sabotage, or other 

18 intercity passenger rail and freight rail security 

19 vulnerabilities and risks identified under section 202, in20 cluding— 

21 (1) security and redundancy for critical commu22 nications, computer, and train control systems essen23 tial for secure rail operations; 

24 (2) accommodation of rail cargo or passenger 

25 screening equipment at the United States-Mexico 


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1 border, the United States-Canada border, or other 

2 ports of entry; 

3 (3) the security of hazardous material transpor4 tation by rail; 

5 (4) secure intercity passenger rail stations, 

6 trains, and infrastructure; 

7 (5) structural modification or replacement of 

8 rail cars transporting high hazard materials to im9 prove their resistance to acts of terrorism; 

10 (6) employee security awareness, preparedness, 

11 passenger evacuation, and emergency response train12 ing; 

13 (7) public security awareness campaigns for 

14 passenger train operations; 

15 (8) the sharing of intelligence and information 

16 about security threats; 

17 (9) to obtain train tracking and interoperable 

18 communications systems that are coordinated to the 

19 maximum extent possible; 

20 (10) to hire additional police and security offi21 cers, including canine units; and 

22 (11) other improvements recommended by the 

23 report required by section 202, including infrastruc24 ture, facilities, and equipment upgrades. 


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1 (b) ACCOUNTABILITY.—The Secretary shall adopt 

2 necessary procedures, including audits, to ensure that 

3 grants made under this section are expended in accord4 ance with the purposes of this Act and the priorities and 

5 other criteria developed by the Secretary. 

6 (c) ALLOCATION.—The Secretary shall distribute the 

7 funds authorized by this section based on risk and vulner8 ability as determined under section 202, and shall encour9 age non-Federal financial participation in awarding 

10 grants. With respect to grants for intercity passenger rail 

11 security, the Secretary shall also take into account pas12 senger volume and whether a station is used by commuter 

13 rail passengers as well as intercity rail passengers. 

14 (d) CONDITIONS.—The Secretary of Transportation 

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

16 unless Amtrak meets the conditions set forth in section 

17 203(b) of this Act. 

18 (e) ALLOCATION BETWEEN RAILROADS AND OTH19 ERS.—Unless as a result of the assessment required by 

20 section 202 the Secretary of Homeland Security deter21 mines that critical rail transportation security needs re22 quire reimbursement in greater amounts to any eligible 

23 entity, no grants under this section may be made— 

24 (1) in excess of $45,000,000 to Amtrak; or 


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1 (2) in excess of $80,000,000 for the purposes 

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

3 (a). 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—Out of 

5 funds appropriated pursuant to section 114(u)(2) of title 

6 49, United States Code, there shall be made available to 

7 the Secretary of Homeland Security to carry out this sec8 tion— 

9 (1) $100,000,000 for fiscal year 2007; 

10 (2) $100,000,000 for fiscal year 2008; and 

11 (3) $100,000,000 for fiscal year 2009. 

12 Amounts made available pursuant to this subsection shall 

13 remain available until expended. 

14 (g) HIGH HAZARD MATERIALS DEFINED.—In this 

15 section, the term ‘‘high hazard materials’’ means quan16 tities of poison inhalation hazard materials, Class 2.3 

17 gases, Class 6.1 materials, and anhydrous ammonia that 

18 the Secretary, in consultation with the Secretary of Trans19 portation, determines pose a security risk. 

20 SEC. 206. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

21 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP22 MENT PROGRAM.—The Secretary of Homeland Security, 

23 through the Under Secretary for Science and Technology 

24 and the Assistant Secretary of Homeland Security (Trans25 portation Security Administration), in consultation with 


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1 the Secretary of Transportation shall carry out a research 

2 and development program for the purpose of improving 

3 freight and intercity passenger rail security that may in4 clude research and development projects to— 

5 (1) reduce the vulnerability of passenger trains, 

6 stations, and equipment to explosives and hazardous 

7 chemical, biological, and radioactive substances; 

8 (2) test new emergency response techniques and 

9 technologies; 

10 (3) develop improved freight technologies, in11 cluding— 

12 (A) technologies for sealing rail cars; 

13 (B) automatic inspection of rail cars; 

14 (C) communication-based train controls; 

15 and 

16 (D) emergency response training; 

17 (4) test wayside detectors that can detect tam18 pering with railroad equipment; 

19 (5) support enhanced security for the transpor20 tation of hazardous materials by rail, including— 

21 (A) technologies to detect a breach in a 

22 tank car or other rail car used to transport haz23 ardous materials and transmit information 

24 about the integrity of cars to the train crew or 

25 dispatcher; 


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1 (B) research to improve tank car integrity, 

2 with a focus on tank cars that carry high haz3 ard materials (as defined in section 205(g) of 

4 this Act; and 

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

8 life or public safety; and 

9 (6) other projects that address vulnerabilities 

10 and risks identified under section 202. 

11 (b) COORDINATION WITH OTHER RESEARCH INITIA12 TIVES.—The Secretary of Homeland Security shall ensure 

13 that the research and development program authorized by 

14 this section is coordinated with other research and devel15 opment initiatives at the Department of Homeland Secu16 rity and the Department of Transportation. The Secretary 

17 shall carry out any research and development project au18 thorized by this section through a reimbursable agreement 

19 with the Secretary of Transportation, if the Secretary of 

20 Transportation— 

21 (1) is already sponsoring a research and devel22 opment project in a similar area; or 

23 (2) has a unique facility or capability that 

24 would be useful in carrying out the project. 


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1 (c) GRANTS AND ACCOUNTABILITY.—To carry out 

2 the research and development program, the Secretary may 

3 award grants to the entities described in section 205(a) 

4 and shall adopt necessary procedures, including audits, to 

5 ensure that grants made under this section are expended 

6 in accordance with the purposes of this Act and the prior7 ities and other criteria developed by the Secretary. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—Out of 

9 funds appropriated pursuant to section 114(u)(4) of title 

10 49, United States Code, there shall be made available to 

11 the Secretary of Homeland Security to carry out this sec12 tion— 

13 (1) $35,000,000 for fiscal year 2007; 

14 (2) $35,000,000 for fiscal year 2008; and 

15 (3) $35,000,000 for fiscal year 2009. 

16 Amounts made available pursuant to this subsection shall 

17 remain available until expended. 

18 SEC. 207. OVERSIGHT AND GRANT PROCEDURES. 

19 (a) SECRETARIAL OVERSIGHT.—The Secretary of 

20 Homeland Security may use up to 0.5 percent of amounts 

21 made available for capital projects under the Rail Security 

22 Act of 2006 to enter into contracts for the review of pro23 posed capital projects and related program management 

24 plans and to oversee construction of such projects. 


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1 (b) USE OF FUNDS.—The Secretary may use 

2 amounts available under subsection (a) of this subsection 

3 to make contracts to audit and review the safety, procure4 ment, management, and financial compliance of a recipi5 ent of amounts under this Act. 

6 (c) PROCEDURES FOR GRANT AWARD.—The Sec7 retary shall, within 90 days after the date of enactment 

8 of this Act, prescribe procedures and schedules for the 

9 awarding of grants under this Act, including application 

10 and qualification procedures (including a requirement that 

11 the applicant have a security plan), and a record of deci12 sion on applicant eligibility. The procedures shall include 

13 the execution of a grant agreement between the grant re14 cipient and the Secretary and shall be consistent, to the 

15 extent practicable, with the grant procedures established 

16 under section 70107 of title 46, United States Code. 

17 SEC. 208. AMTRAK PLAN TO ASSIST FAMILIES OF PAS18 SENGERS INVOLVED IN RAIL PASSENGER AC19 CIDENTS. 

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

21 States Code, is amended by adding at the end the fol22 lowing: 


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1 ‘‘§ 24316. Plans to address needs of families of pas2 sengers involved in rail passenger acci3 dents 

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

5 months after the date of the enactment of the Rail Secu6 rity Act of 2006, Amtrak shall submit to the Chairman 

7 of the National Transportation Safety Board, the Sec8 retary of Transportation, and the Secretary of Homeland 

9 Security a plan for addressing the needs of the families 

10 of passengers involved in any rail passenger accident in11 volving an Amtrak intercity train and resulting in a loss 

12 of life. 

13 ‘‘(b) CONTENTS OF PLANS.—The plan to be sub14 mitted by Amtrak under subsection (a) shall include, at 

15 a minimum, the following: 

16 ‘‘(1) A process by which Amtrak will maintain 

17 and provide to the National Transportation Safety 

18 Board and the Secretary of Transportation, imme19 diately upon request, a list (which is based on the 

20 best available information at the time of the request) 

21 of the names of the passengers aboard the train 

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

23 will periodically update the list. The plan shall in24 clude a procedure, with respect to unreserved trains 

25 and passengers not holding reservations on other 

26 trains, for Amtrak to use reasonable efforts to ascerVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 tain the number and names of passengers aboard a 

2 train involved in an accident. 

3 ‘‘(2) A plan for creating and publicizing a reli4 able, toll-free telephone number within 4 hours after 

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

6 handle calls from the families of the passengers. 

7 ‘‘(3) A process for notifying the families of the 

8 passengers, before providing any public notice of the 

9 names of the passengers, by suitably trained individ10 uals. 

11 ‘‘(4) A process for providing the notice de12 scribed in paragraph (2) to the family of a pas13 senger as soon as Amtrak has verified that the pas14 senger was aboard the train (whether or not the 

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

16 ‘‘(5) A process by which the family of each pas17 senger will be consulted about the disposition of all 

18 remains and personal effects of the passenger within 

19 Amtrak’s control; that any possession of the pas20 senger within Amtrak’s control will be returned to 

21 the family unless the possession is needed for the ac22 cident investigation or any criminal investigation; 

23 and that any unclaimed possession of a passenger 

24 within Amtrak’s control will be retained by the rail 

25 passenger carrier for at least 18 months. 


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

2 families of nonrevenue passengers will be the same 

3 as the treatment of the families of revenue pas4 sengers. 

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

6 adequate training to its employees and agents to 

7 meet the needs of survivors and family members fol8 lowing an accident. 

9 ‘‘(c) USE OF INFORMATION.—The National Trans10 portation Safety Board, the Secretary of Transportation, 

11 and Amtrak may not release any personal information on 

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

13 information on the list about a passenger to the family 

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

15 considers appropriate. 

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

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

18 or State court arising out of the performance of Amtrak 

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

20 information concerning a train reservation, pursuant to a 

21 plan submitted by Amtrak under subsection (b), unless 

22 such liability was caused by Amtrak’s conduct. 

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

24 Nothing in this section may be construed as limiting the 

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1 trak may have, in providing assistance to the families of 

2 passengers involved in a rail passenger accident. 

3 ‘‘(f) FUNDING.—Out of funds appropriated pursuant 

4 to section 102 of the Rail Security Act of 2006, there shall 

5 be made available to the Secretary of Transportation for 

6 the use of Amtrak $500,000 for fiscal year 2007 to carry 

7 out this section. Amounts made available pursuant to this 

8 subsection shall remain available until expended.’’. 

9 (b) CONFORMING AMENDMENT.—The chapter anal10 ysis for chapter 243 of title 49, United States Code, is 

11 amended by adding at the end the following: 

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

12 SEC. 209. NORTHERN BORDER RAIL PASSENGER REPORT. 

13 Within 180 days after the date of enactment of this 

14 Act, the Secretary of Homeland Security, in consultation 

15 with the Assistant Secretary of Homeland Security 

16 (Transportation Security Administration), the Secretary 

17 of Transportation, heads of other appropriate Federal de18 partments, and agencies and the National Railroad Pas19 senger Corporation, shall transmit a report to the Senate 

20 Committee on Commerce, Science, and Transportation, 

21 the House of Representatives Committee on Transpor22 tation and Infrastructure, and the House of Representa23 tives Committee on Homeland Security that contains— 


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1 (1) a description of the current system for 

2 screening passengers and baggage on passenger rail 

3 service between the United States and Canada; 

4 (2) an assessment of the current program to 

5 provide preclearance of airline passengers between 

6 the United States and Canada as outlined in ‘‘The 

7 Agreement on Air Transport Preclearance between 

8 the Government of Canada and the Government of 

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

10 2001; 

11 (3) an assessment of the current program to 

12 provide preclearance of freight railroad traffic be13 tween the United States and Canada as outlined in 

14 the ‘‘Declaration of Principle for the Improved Secu15 rity of Rail Shipments by Canadian National Rail16 way and Canadian Pacific Railway from Canada to 

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

18 (4) information on progress by the Department 

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

21 that would provide for preclearance of passengers on 

22 trains operating between the United States and Can23 ada; 

24 (5) a description of legislative, regulatory, 

25 budgetary, or policy barriers within the United 


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1 States Government to providing pre-screened pas2 senger lists for rail passengers traveling between the 

3 United States and Canada to the Department of 

4 Homeland Security; 

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

7 with respect to preclearance of such passengers; 

8 (7) a draft of any changes in existing Federal 

9 law necessary to provide for pre-screening of such 

10 passengers and providing pre-screened passenger 

11 lists to the Department of Homeland Security; and 

12 (8) an analysis of the feasibility of reinstating 

13 in-transit inspections onboard international Amtrak 

14 trains. 

15 SEC. 210. RAIL WORKER SECURITY TRAINING PROGRAM. 

16 (a) IN GENERAL.—Not later than 180 days after the 

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

18 Security and the Secretary of Transportation, in consulta19 tion with appropriate law enforcement, security, and ter20 rorism experts, representatives of railroad carriers, and 

21 nonprofit employee organizations that represent rail work22 ers, shall develop and issue detailed guidance for a rail 

23 worker security training program to prepare front-line 

24 workers for potential threat conditions. The guidance shall 


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1 take into consideration any current security training re2 quirements or best practices. 

3 (b) PROGRAM ELEMENTS.—The guidance developed 

4 under subsection (a) shall include elements, as appropriate 

5 to passenger and freight rail service, that address the fol6 lowing: 

7 (1) Determination of the seriousness of any oc8 currence. 

9 (2) Crew communication and coordination. 

10 (3) Appropriate responses to defend or protect 

11 oneself. 

12 (4) Use of protective devices. 

13 (5) Evacuation procedures. 

14 (6) Psychology of terrorists to cope with hi15 jacker behavior and passenger responses. 

16 (7) Situational training exercises regarding var17 ious threat conditions. 

18 (8) Any other subject the Secretary considers 

19 appropriate. 

20 (c) RAILROAD CARRIER PROGRAMS.—Not later than 

21 90 days after the Secretary of Homeland Security issues 

22 guidance under subsection (a) in final form, each railroad 

23 carrier shall develop a rail worker security training pro24 gram in accordance with that guidance and submit it to 

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1 ceiving a railroad carrier’s program under this subsection, 

2 the Secretary shall review the program and transmit com3 ments to the railroad carrier concerning any revisions the 

4 Secretary considers necessary for the program to meet the 

5 guidance requirements. A railroad carrier shall respond to 

6 the Secretary’s comments within 30 days after receiving 

7 them. 

8 (d) TRAINING.—Not later than 1 year after the Sec9 retary reviews the training program developed by a rail10 road carrier under this section, the railroad carrier shall 

11 complete the training of all front-line workers in accord12 ance with that program. The Secretary shall review imple13 mentation of the training program of a representative 

14 sample of railroad carriers and report to the Senate Com15 mittee on Commerce, Science, and Transportation, the 

16 House of Representatives Committee on Transportation 

17 and Infrastructure, and the House of Representatives 

18 Committee on Homeland Security on the number of re19 views conducted and the results. The Secretary may sub20 mit the report in both classified and redacted formats as 

21 necessary. 

22 (e) UPDATES.—The Secretary shall update the train23 ing guidance issued under subsection (a) as appropriate 

24 to reflect new or different security threats. Railroad car25 riers shall revise their programs accordingly and provide 


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1 additional training to their front-line workers within a rea2 sonable time after the guidance is updated. 

3 (f) FRONT-LINE WORKERS DEFINED.—In this sec4 tion, the term ‘‘front-line workers’’ means security per5 sonnel, dispatchers, train operators, other onboard em6 ployees, maintenance and maintenance support personnel, 

7 bridge tenders, as well as other appropriate employees of 

8 railroad carriers, as defined by the Secretary. 

9 (g) OTHER EMPLOYEES.—The Secretary of Home10 land Security shall issue guidance and best practices for 

11 a rail shipper employee security program containing the 

12 elements listed under subsection (b) as appropriate. 

13 SEC. 211. WHISTLEBLOWER PROTECTION PROGRAM. 

14 (a) IN GENERAL.—Subchapter A of chapter 201 of 

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

16 section 20117 the following: 

17 ‘‘§ 20118. Whistleblower protection for rail security 

18 matters 

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

20 carrier engaged in interstate or foreign commerce may dis21 charge a railroad employee or otherwise discriminate 

22 against a railroad employee because the employee (or any 

23 person acting pursuant to a request of the employee)— 

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

25 about to provide or cause to be provided, to the emVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 ployer or the Federal Government information relat2 ing to a reasonably perceived threat, in good faith, 

3 to security; or 

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

5 about to provide or cause to be provided, testimony 

6 before Congress or at any Federal or State pro7 ceeding regarding a reasonably perceived threat, in 

8 good faith, to security; or 

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

10 of any law, rule or regulation related to rail security. 

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

12 or claim arising under this section is subject to resolution 

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

14 In a proceeding by the National Railroad Adjustment 

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

16 board of adjustment established under section 3 to resolve 

17 the dispute, grievance, or claim the proceeding shall be 

18 expedited and the dispute, grievance, or claim shall be re19 solved not later than 180 days after it is filed. If the viola20 tion is a form of discrimination that does not involve dis21 charge, suspension, or another action affecting pay, and 

22 no other remedy is available under this subsection, the 

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

24 may award the employee reasonable damages, including 

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


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

3 42121(b)(2)(B) of this title, including the burdens of 

4 proof, applies to any complaint brought under this section. 

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

6 railroad carrier may not seek protection under both this 

7 section and another provision of law for the same allegedly 

8 unlawful act of the carrier. 

9 ‘‘(e) DISCLOSURE OF IDENTITY.— 

10 ‘‘(1) Except as provided in paragraph (2) of 

11 this subsection, or with the written consent of the 

12 employee, the Secretary of Transportation may not 

13 disclose the name of an employee of a railroad car14 rier who has provided information about an alleged 

15 violation of this section. 

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

18 paragraph (1) of this subsection if the matter is re19 ferred to the Attorney General for enforcement.’’. 

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

22 amended by inserting after the item relating to section 

23 20117 the following: 

‘‘20118. Whistleblower protection for rail security matters’’. 


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1 SEC. 212. HIGH HAZARD MATERIAL SECURITY THREAT 

2 MITIGATION PLANS. 

3 (a) IN GENERAL.—The Secretary of Homeland Secu4 rity, in consultation with the Assistant Secretary of Home5 land Security (Transportation Security Administration) 

6 and the Secretary of Transportation, shall require rail car7 riers transporting a high hazard material, as defined in 

8 section 205(g) of this Act and of a quantity equal or ex9 ceeding the quantities of such material listed in subpart 

10 172.800, title 49, Federal Code of Regulations, to develop 

11 a high hazard material security threat mitigation plan 

12 containing appropriate measures, including alternative 

13 routing and temporary shipment suspension options, to 

14 address assessed risks to high consequence targets. The 

15 plan, and any information submitted to the Secretary 

16 under this section shall be protected as sensitive security 

17 information under the regulations prescribed under sec18 tion 114(s) of title 49, United States Code. 

19 (b) IMPLEMENTATION.—A high hazard material se20 curity threat mitigation plan shall be put into effect by 

21 a rail carrier for the shipment of high hazardous materials 

22 by rail on the rail carrier’s right-of-way when the threat 

23 levels of the Homeland Security Advisory System are high 

24 or severe and specific intelligence of probable or imminent 

25 threat exists towards— 


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1 (1) a high-consequence target that is within the 

2 catastrophic impact zone of a railroad right-of-way 

3 used to transport high hazardous material; or 

4 (2) rail infrastructure or operations within the 

5 immediate vicinity of a high-consequence target. 

6 (c) COMPLETION AND REVIEW OF PLANS.— 

7 (1) PLANS REQUIRED.—Each rail carrier 

8 shall— 

9 (A) submit a list of routes used to trans10 port high hazard materials to the Secretary of 

11 Homeland Security within 60 days after the 

12 date of enactment of this Act; 

13 (B) develop and submit a high hazard ma14 terial security threat mitigation plan to the Sec15 retary within 180 days after it receives the no16 tice of high consequence targets on such routes 

17 by the Secretary; and 

18 (C) submit any subsequent revisions to the 

19 plan to the Secretary within 30 days after mak20 ing the revisions. 

21 (2) REVIEW AND UPDATES.—The Secretary, 

22 with assistance of the Secretary of Transportation, 

23 shall review the plans and transmit comments to the 

24 railroad carrier concerning any revisions the Sec25 retary considers necessary. A railroad carrier shall 


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1 respond to the Secretary’s comments within 30 days 

2 after receiving them. Each rail carrier shall update 

3 and resubmit its plan for review not less than every 

4 2 years. 

5 (d) DEFINITIONS.—In this section: 

6 (1) The term ‘‘high-consequence target’’ means 

7 a building, buildings, infrastructure, public space, or 

8 natural resource designated by the Secretary of 

9 Homeland Security that is viable terrorist target of 

10 national significance, the attack of which could re11 sult in— 

12 (A) catastrophic loss of life; and 

13 (B) significantly damaged national security 

14 and defense capabilities; or 

15 (C) national economic harm. 

16 (2) The term ‘‘catastrophic impact zone’’ means 

17 the area immediately adjacent to, under, or above an 

18 active railroad right-of-way used to ship high hazard 

19 materials in which the potential release or explosion 

20 of the high hazard material being transported would 

21 likely cause— 

22 (A) loss of life; or 

23 (B) significant damage to property or 

24 structures. 


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1 (3) The term ‘‘rail carrier’’ has the meaning 

2 given that term by section 10102(5) of title 49, 

3 United States Code. 

4 SEC. 213. MEMORANDUM OF AGREEMENT. 

5 (a) MEMORANDUM OF AGREEMENT.—Similar to the 

6 public transportation security annex between the two de7 partments signed on September 8, 2005, within 1 year 

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

9 Transportation and the Secretary of Homeland Security 

10 shall execute and develop an annex to the memorandum 

11 of agreement between the two departments signed on Sep12 tember 28, 2004, governing the specific roles, delineations 

13 of responsibilities, resources and commitments of the De14 partment of Transportation and the Department of Home15 land Security, respectively, in addressing railroad trans16 portation security matters, including the processes the de17 partments will follow to promote communications, effi18 ciency, and nonduplication of effort. 

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

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

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

22 including security,’’. 

23 SEC. 214. RAIL SECURITY ENHANCEMENTS. 

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

25 49, United States Code, is amended— 


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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘Under’’; and 

3 (2) by striking ‘‘the rail carrier’’ each place it 

4 appears and inserting ‘‘any rail carrier’’. 

5 (b) REVIEW OF RAIL REGULATIONS.—Within 1 year 

6 after the date of enactment of this Act, the Secretary of 

7 Transportation, in consultation with the Secretary of 

8 Homeland Security and the Assistant Secretary of Home9 land Security (Transportation Security Administration), 

10 shall review existing rail regulations of the Department 

11 of Transportation for the purpose of identifying areas in 

12 which those regulations need to be revised to improve rail 

13 security. 

14 SEC. 215. PUBLIC AWARENESS. 

15 Not later than 90 days after the date of enactment 

16 of this Act, the Secretary of Homeland Security, in con17 sultation with the Secretary of Transportation, shall de18 velop a national plan for public outreach and awareness. 

19 Such plan shall be designed to increase awareness of 

20 measures that the general public, railroad passengers, and 

21 railroad employees can take to increase railroad system 

22 security. Such plan shall also provide outreach to railroad 

23 carriers and their employees to improve their awareness 

24 of available technologies, ongoing research and develop25 ment efforts, and available Federal funding sources to imVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 prove railroad security. Not later than 9 months after the 

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

3 Security shall implement the plan developed under this 

4 section. 

5 SEC. 216. RAILROAD HIGH HAZARD MATERIAL TRACKING. 

6 (a) WIRELESS COMMUNICATIONS.— 

7 (1) IN GENERAL.—In conjunction with the re8 search and development program established under 

9 section 206 and consistent with the results of re10 search relating to wireless tracking technologies, the 

11 Secretary of Homeland Security, in consultation 

12 with the Assistant Secretary of Homeland Security 

13 (Transportation Security Administration), shall de14 velop a program that will encourage the equipping of 

15 rail cars transporting high hazard materials (as de16 fined in section 205(g) of this Act) in quantities 

17 equal to or greater than the quantities specified in 

18 subpart 171.800 of title 49, Code of Federal Regula19 tions, with wireless terrestrial or satellite commu20 nications technology that provides— 

21 (A) car position location and tracking ca22 pabilities; 

23 (B) notification of rail car depressuriza24 tion, breach, or unsafe temperature; and 


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1 (C) notification of hazardous material re2 lease. 

3 (2) COORDINATION.—In developing the pro4 gram required by paragraph (1), the Secretary 

5 shall— 

6 (A) consult with the Secretary of Trans7 portation to coordinate the program with any 

8 ongoing or planned efforts for rail car tracking 

9 at the Department of Transportation; and 

10 (B) ensure that the program is consistent 

11 with recommendations and findings of the De12 partment of Homeland Security’s hazardous 

13 material tank rail car tracking pilot programs. 

14 (b) FUNDING.—Out of funds appropriated pursuant 

15 to section 114(u)(2) of title 49, United States Code, there 

16 shall be made available to the Secretary of Homeland Se17 curity to carry out this section $3,000,000 for each of fis18 cal years 2007, 2008, and 2009. 

19 SEC. 217. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) TRANSPORTATION SECURITY ADMINISTRATION

21 AUTHORIZATION.—Section 114 of title 49, United States 

22 Code, is amended by adding at the end thereof the fol23 lowing: 

24 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Secretary of 


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1 Homeland Security, (Transportation Security Administra2 tion) for rail security— 

3 ‘‘(1) $206,500,000 for fiscal year 2007; 

4 ‘‘(2) $168,000,000 for fiscal year 2008; and 

5 ‘‘(3) $168,000,000 for fiscal year 2009.’’. 

6 (b) DEPARTMENT OF TRANSPORTATION.—There are 

7 authorized to be appropriated to the Secretary of Trans8 portation to carry out this title and sections 20118 and 

9 24316 of title 49, United States Code, as added by this 

10 title— 

11 (1) $225,000,000 for fiscal year 2007; 

12 (2) $223,000,000 for fiscal year 2008; and 

13 (3) $223,000,000 for fiscal year 2009. 

14 TITLE III—IMPROVED MARITIME 

15 SECURITY 

16 SEC. 300. SHORT TITLE. 

17 This title may be cited as the ‘‘Maritime Security Im18 provement Act of 2006’’. 

19 SEC. 301. ESTABLISHMENT OF ADDITIONAL INTERAGENCY 

20 OPERATIONAL CENTERS FOR PORT SECU21 RITY. 

22 (a) IN GENERAL.—In order to improve interagency 

23 cooperation, unity of command, and the sharing of intel24 ligence information in a common mission to provide great25 er protection for port and intermodal transportation sysVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 tems against acts of terrorism, the Secretary of Homeland 

2 Security, acting through the Commandant of the Coast 

3 Guard, shall establish interagency operational centers for 

4 port security at all high priority ports. 

5 (b) CHARACTERISTICS.—The interagency operational 

6 centers shall— 

7 (1) be based on the most appropriate 

8 compositional and operational characteristics of the 

9 pilot project interagency operational centers for port 

10 security in Miami, Florida, Norfolk/Hampton Roads, 

11 Virginia, Charleston, South Carolina, and San 

12 Diego, California; 

13 (2) be adapted to meet the security needs, re14 quirements, and resources of the individual port area 

15 at which each is operating; 

16 (3) provide for participation by representatives 

17 of the United States Customs and Border Protec18 tion, the Transportation Security Administration, 

19 the Department of Defense, and other Federal agen20 cies, as determined to be appropriate by the Sec21 retary of Homeland Security, and State and local 

22 law enforcement or port security agencies and per23 sonnel; and 

24 (4) be incorporated in the implementation of— 


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1 (A) maritime transportation security plans 

2 developed under section 70103 of title 46, 

3 United States Code; 

4 (B) maritime intelligence activities under 

5 section 70113 of that title; 

6 (C) short and long range vessel tracking 

7 under sections 70114 and 70115 of that title; 

8 (D) secure transportation systems under 

9 section 70116 of that title; 

10 (E) the United States Customs and Border 

11 Protection’s screening and high-risk cargo in12 spection programs; and 

13 (F) the transportation security incident re14 sponse plans required by section 70104 of that 

15 title. 

16 (c) 2005 ACT REPORT REQUIREMENT.—Nothing in 

17 this section relieves the Commandant of the Coast Guard 

18 from compliance with the requirements of section 807 of 

19 the Coast Guard and Maritime Transportation Act of 

20 2004. The Commandant shall utilize the information de21 veloped in making the report required by that section in 

22 carrying out the requirements of this section. 

23 (d) BUDGET AND COST-SHARING ANALYSIS.—Within 

24 180 days after the date of enactment of this Act, the Sec25 retary shall transmit to the Senate Committee on ComVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 merce, Science, and Transportation, the House of Rep2 resentatives Committee on Transportation and Infrastruc3 ture, and the House of Representatives Committee on 

4 Homeland Security a proposed budget analysis for imple5 menting subsection (a), including cost-sharing arrange6 ments with other Federal departments and agencies in7 volved in the interagency operation of the centers. 

8 SEC. 302. AREA MARITIME TRANSPORTATION SECURITY 

9 PLAN TO INCLUDE SALVAGE RESPONSE 

10 PLAN. 

11 Section 70103(b)(2) of title 46, United States Code, 

12 is amended— 

13 (1) by striking ‘‘and’’ after the semicolon in 

14 subparagraph (E); 

15 (2) by redesignating subparagraph (F) as sub16 paragraph (G); and 

17 (3) by inserting after subparagraph (E) the fol18 lowing: 

19 ‘‘(F) include a salvage response plan— 

20 ‘‘(i) to identify salvage equipment ca21 pable of restoring operational trade capac22 ity; and 

23 ‘‘(ii) to ensure that the flow of cargo 

24 through United States ports is re-estabVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 lished as efficiently and quickly as possible 

2 after a transportation security incident.’’. 

3 SEC. 303. POST-INCIDENT RESUMPTION OF TRADE. 

4 Section 70103(a)(2)(J) of title 46, United States 

5 Code, is amended by inserting after ‘‘incident.’’ the fol6 lowing: ‘‘The plan shall provide, to the extent practicable, 

7 preference in the reestablishment of the flow of cargo 

8 through United States ports after a transportation secu9 rity incident to— 

10 ‘‘(i) vessels that have a vessel security plan 

11 approved under subsection (c); 

12 ‘‘(ii) vessels manned by individuals who are 

13 described in section 70105(b)(2)(B) and who 

14 have undergone a background records check 

15 under section 70105(d) or who hold transpor16 tation security cards issued under section 

17 70105; and 

18 ‘‘(iii) vessels on which all the cargo has un19 dergone screening and inspection under stand20 ards and procedures established under section 

21 70116(b)(2) of this title.’’. 

22 SEC. 304. ASSISTANCE FOR FOREIGN PORTS. 

23 (a) IN GENERAL.—Section 70109 of title 46, United 

24 States Code, is amended— 


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1 (1) by striking the section heading and insert2 ing the following: 

3 ‘‘§ 70109. International cooperation and coordina4 tion’’ ; and 

5 (2) by adding at the end the following: 

6 ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.— 

7 ‘‘(1) IN GENERAL.—The Secretary, in consulta8 tion with the Secretary of Transportation, the Sec9 retary of State, the Secretary of Energy, and the 

10 Commandant of the United States Coast Guard, 

11 shall identify foreign assistance programs that could 

12 facilitate implementation of port security 

13 antiterrorism measures in foreign countries. The 

14 Secretary shall establish a program to utilize those 

15 programs that are capable of implementing port se16 curity antiterrorism measures at ports in foreign 

17 countries that the Secretary finds, under section 

18 70108, to lack effective antiterrorism measures. 

19 ‘‘(2) CARIBBEAN BASIN.—The Secretary, in co20 ordination with the Secretary of State and in con21 sultation with the Organization of American States 

22 and the Commandant of the United States Coast 

23 Guard, shall place particular emphasis on utilizing 

24 programs to facilitate the implementation of port se25 curity antiterrorism measures at the ports located in 


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1 the Caribbean Basin, as such ports pose unique se2 curity and safety threats to the United States due 

3 to— 

4 ‘‘(A) the strategic location of such ports 

5 between South America and United States; 

6 ‘‘(B) the relative openness of such ports; 

7 and 

8 ‘‘(C) the significant number of shipments 

9 of narcotics to the United States that are 

10 moved through such ports. 

11 ‘‘(d) INTERNATIONAL CARGO SECURITY STAND12 ARDS.—The Secretary of State, in consultation with the 

13 Secretary acting through the Commissioner of Customs 

14 and Border Protection, shall enter into negotiations with 

15 foreign governments and international organizations, in16 cluding the International Maritime Organization, the 

17 World Customs Organization, the International Labor Or18 ganization, and the International Standards Organization, 

19 as appropriate— 

20 ‘‘(1) to promote standards for the security of 

21 containers and other cargo moving within the inter22 national supply chain; 

23 ‘‘(2) to encourage compliance with minimum 

24 technical requirements for the capabilities of non25 intrusive inspection equipment, including imaging 


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1 and radiation detection devices, established under 

2 section 306 of the Maritime Security Improvement 

3 Act of 2006; 

4 ‘‘(3) to implement the requirements of the con5 tainer security initiative under section 70121; and 

6 ‘‘(4) to implement standards and procedures es7 tablished under section 70116.’’. 

8 (b) REPORT ON SECURITY AT PORTS IN THE CARIB9 BEAN BASIN.—Not later than 180 days after the date of 

10 enactment of this Act, the Comptroller General shall sub11 mit to the Senate Committee on Commerce, Science, and 

12 Transportation, the House of Representatives Committee 

13 on Transportation and Infrastructure, and the House of 

14 Representatives Committee on Homeland Security a re15 port on the security of ports in the Caribbean Basin. The 

16 report— 

17 (1) shall include— 

18 (A) an assessment of the effectiveness of 

19 the measures employed to improve security at 

20 ports in the Caribbean Basin and recommenda21 tions for any additional measures to improve 

22 such security; 

23 (B) an estimate of the number of ports in 

24 the Caribbean Basin that will not be secured by 

25 January 1, 2007, and an estimate of the finanVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 cial impact in the United States of any action 

2 taken pursuant to section 70110 of title 46, 

3 United States Code, that affects trade between 

4 such ports and the United States; and 

5 (C) an assessment of the additional re6 sources and program changes that are nec7 essary to maximize security at ports in the Car8 ibbean Basin; and 

9 (2) may be submitted in both classified and re10 dacted formats. 

11 (c) CONFORMING AMENDMENT.—The chapter anal12 ysis for chapter 701 of title 46, United States Code, is 

13 amended by striking the item relating to section 70901 

14 and inserting the following: 

‘‘70901. International cooperation and coordination’’. 

15 SEC. 305. IMPROVED DATA FOR TARGETED CARGO 

16 SEARCHES. 

17 (a) IN GENERAL.—In order to provide the best pos18 sible data for the automated targeting system developed 

19 and operated by United States Customs and Border Pro20 tection under section 70116(b)(1) of title 46, United 

21 States Code, that identifies high-risk cargo for inspection 

22 before it is loaded in a foreign port for shipment to the 

23 United States, the Secretary of Homeland Security, acting 

24 through the Commissioner of Customs and Border Protec25 tion, shall require importers shipping goods to the United 


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1 States via cargo container to supply entry data not later 

2 than 24 hours before loading a container under the ad3 vance notification requirements under section 484(a)(2) of 

4 the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). 

5 (b) DEADLINE.—The requirement imposed under 

6 subsection (a) shall apply to goods entered after July 1, 

7 2006. 

8 (c) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) There are authorized to be appropriated to 

10 the Secretary of Homeland Security to carry out the 

11 automated targeting system program to identify 

12 high-risk oceanborne container cargo for inspec13 tion— 

14 (A) $30,700,000 for fiscal year 2007; 

15 (B) $33,200,000 for fiscal year 2008; and 

16 (C) $35,700,000 for fiscal year 2009. 

17 (2) The amounts authorized by this subsection 

18 shall be in addition to any other amounts authorized 

19 to be appropriated to carry out that program. 

20 SEC. 306. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE 

21 INSPECTION EQUIPMENT. 

22 Within 2 years after the date of enactment of this 

23 Act, the Commissioner of Customs and Border Protection, 

24 in consultation with the National Institute of Science and 

25 Technology, shall initiate a rulemaking to establish minVerDate Aug 31 2005 00:23 May 13, 2006 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\S2791.PCS S2791

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1 imum technical requirements for the capabilities of non2 intrusive inspection equipment, including imaging and ra3 diation detection devices, that help ensure that all equip4 ment used can detect risks and threats as determined ap5 propriate by the Secretary, while considering the need not 

6 to endorse specific companies or to create sovereignty con7 flicts with participating countries. 

8 SEC. 307. RANDOM INSPECTION OF CONTAINERS. 

9 Within 1 year after the date of enactment of this Act, 

10 the Commissioner of Customs and Border Protection shall 

11 develop and implement a plan, utilizing best practices for 

12 empirical scientific research design and random sampling 

13 standards for random physical inspection of shipping con14 tainers in addition to any targeted or pre-shipment inspec15 tion of such containers required by law or regulation or 

16 conducted under any other program conducted by the 

17 Commissioner. Nothing in this section shall be construed 

18 to mean that implementation of the random sampling plan 

19 would preclude the additional physical inspection of ship20 ping containers not inspected pursuant to the plan. 

21 SEC. 308. CARGO SECURITY. 

22 (a) IN GENERAL.—Chapter 701 of title 46, United 

23 States Code, is amended— 

24 (1) by redesignating the second section 70118 

25 (relating to withholding of clearance), as added by 


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1 section 802(a)(2) of the Coast Guard and Maritime 

2 Transportation Act of 2004, as section 70119; 

3 (2) by redesignating the first section 70119 (re4 lating to enforcement by State and local officers), as 

5 added by section 801(a) of the Coast Guard and 

6 Maritime Transportation Act of 2004, as section 

7 70120; 

8 (3) by redesignating the second section 70119 

9 (relating to civil penalty), as redesignated by section 

10 802(a)(1) of the Coast Guard and Maritime Trans11 portation Act of 2004, as section 70122; and 

12 (4) by inserting after section 70120, as redesig13 nated by paragraph (2), the following: 

14 ‘‘§ 70121. Container security initiative 

15 ‘‘(a) IN GENERAL.—Pursuant to the standards estab16 lished under subsection (b)(1) of section 70116— 

17 ‘‘(1) the Secretary, through the Commissioner 

18 of Customs and Border Protection, shall issue regu19 lations to— 

20 ‘‘(A) evaluate and screen cargo documents 

21 prior to loading in a foreign port for shipment 

22 to the United States, either directly or via a 

23 foreign port; and 

24 ‘‘(B) inspect high-risk cargo in a foreign 

25 port intended for shipment to the United States 


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1 by physical examination or nonintrusive exam2 ination by technological means; and 

3 ‘‘(2) the Commissioner of Customs and Border 

4 Protection shall execute inspection and screening 

5 protocols with authorities in foreign ports to ensure 

6 that the standards and procedures promulgated 

7 under paragraph (1) are implemented in an effective 

8 manner. 

9 ‘‘(b) EXTENSION OF CONTAINER SECURITY INITIA10 TIVE TO OTHER PORTS.—The Secretary, through the 

11 Commissioner of Customs and Border Protection, may 

12 designate foreign seaports under this section if, with re13 spect to any such seaport, the Secretary determines that— 

14 ‘‘(1) the seaport— 

15 ‘‘(A) presents a significant level of risk; 

16 ‘‘(B) is a significant port or origin or 

17 transshipment, in terms of volume or value, for 

18 cargo being imported to the United States; and 

19 ‘‘(C) is potentially capable of validating a 

20 secure system of transportation pursuant to 

21 section 70116; and 

22 ‘‘(2) the Department of State and representa23 tives of the country with jurisdiction over the port 

24 have completed negotiations to ensure compliance 


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1 with the requirements of the container security ini2 tiative. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Secretary to carry 

5 out this section— 

6 ‘‘(1) $142,000,000 for fiscal year 2007; 

7 ‘‘(2) $144,000,000 for fiscal year 2008; and 

8 ‘‘(3) $146,000,000 for fiscal year 2009.’’. 

9 (b) CONFORMING AMENDMENTS.— 

10 (1) The chapter analysis for chapter 701 of title 

11 46, United States Code, is amended by striking the 

12 items following the item relating to section 70116 

13 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’’. 

14 (2) Section 70117(a) of title 46, United States 

15 Code, is amended by striking ‘‘section 70120’’ and 

16 inserting ‘‘section 70122’’. 

17 (3) Section 70119(a) of such title, as redesig18 nated by subsection (a)(1) of this section, is amend19 ed— 

20 (A) by striking ‘‘under section 70119,’’ 

21 and inserting ‘‘under section 70122,’’; and 


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1 (B) by striking ‘‘under section 70120,’’ 

2 and inserting ‘‘under that section,’’. 

3 (4) Section 111 of the Maritime Transportation 

4 Security Act of 2002 is repealed. 

5 SEC. 309. SECURE SYSTEMS OF INTERNATIONAL INTER6 MODAL TRANSPORTATION. 

7 Section 70116 of title 46, United States Code, is 

8 amended— 

9 (1) by striking ‘‘transportation.’’ in subsection 

10 (a) and inserting ‘‘transportation— 

11 ‘‘(1) to ensure the security and integrity of 

12 shipments of goods to the United States from the 

13 point at which such goods are initially packed or 

14 loaded into a cargo container for international ship15 ment until they reach their ultimate destination; and 

16 ‘‘(2) to facilitate the movement of such goods 

17 through the entire supply chain through an expe18 dited security and clearance program.’’; and 

19 (2) by striking subsection (b) and inserting the 

20 following: 

21 ‘‘(b) PROGRAM ELEMENTS.—In establishing and con22 ducting the program under subsection (a) the Secretary, 

23 acting through the Commissioner of Customs and Border 

24 Protection, shall— 


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1 ‘‘(1) establish standards and procedures for 

2 verifying, at the point at which goods are placed in 

3 a cargo container for shipping, that the container is 

4 free of unauthorized hazardous chemical, biological, 

5 or nuclear material and for securely sealing such 

6 containers after the contents are so verified; 

7 ‘‘(2) establish standards and procedures for 

8 screening and evaluating cargo prior to loading in a 

9 foreign port for shipment to the United States either 

10 directly or via a foreign port; 

11 ‘‘(3) establish standards and procedures for se12 curing cargo and monitoring that security while in 

13 transit; 

14 ‘‘(4) develop performance standards to enhance 

15 the physical security of shipping containers, includ16 ing performance standards for seals and locks; 

17 ‘‘(5) establish standards and procedures for allow18 ing the United States Government to ensure and 

19 validate compliance with this program; and 

20 ‘‘(6) incorporate any other measures the Secretary 

21 considers necessary to ensure the security and integ22 rity of international intermodal transport move23 ments. 


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1 ‘‘(c) BENEFITS FROM PARTICIPATION.—The Com2 missioner of Customs and Border Protection may provide 

3 expedited clearance of cargo to an entity that— 

4 ‘‘(1) meets or exceeds the standards established 

5 under subsection (b); and 

6 ‘‘(2) certifies the security of its supply chain 

7 not less often than once every 2 years to the Sec8 retary.’’. 

9 SEC. 310. PORT SECURITY USER FEE STUDY. 

10 The Secretary of Homeland Security shall conduct a 

11 study of the need for, and feasibility of, establishing a sys12 tem of oceanborne and port-related intermodal transpor13 tation user fees that could be imposed and collected as 

14 a dedicated revenue source, on a temporary or continuing 

15 basis, to provide necessary funding for the improvement 

16 and maintenance of enhanced port security. Within 1 year 

17 after date of enactment of this Act, the Secretary shall 

18 submit a report to the Senate Committee on Commerce, 

19 Science, and Transportation, the House of Representa20 tives Committee on Transportation and Infrastructure, 

21 and the House of Representatives Committee on Home22 land Security that— 

23 (1) contains the Secretary’s findings, conclu24 sions, and recommendations (including legislative 

25 recommendations if appropriate); and 


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1 (2) includes an assessment of the annual 

2 amount of customs fees and duties collected through 

3 oceanborne and port-related transportation and the 

4 amount and percentage of such fees and duties that 

5 are dedicated to improve and maintain security. 

6 SEC. 311. DEADLINE FOR TRANSPORTATION SECURITY 

7 CARDS. 

8 The Secretary shall issue a final rule under section 

9 70105 of title 46, United States Code, no later than Janu10 ary 1, 2007. 

11 SEC. 312. PORT SECURITY GRANTS. 

12 (a) BASIS FOR GRANTS.—Section 70107(a) of title 

13 46, United States Code, is amended by striking ‘‘for mak14 ing a fair and equitable allocation of funds’’ and inserting 

15 ‘‘based on risk and vulnerability’’. 

16 (b) ELIGIBLE COSTS.—Section 70107(b) of title 46, 

17 United States Code, is amended by striking paragraph (1) 

18 and redesignating paragraphs (2) through (4) as para19 graphs (1) through (3), respectively. 

20 (c) LETTERS OF INTENT.—Section 70107(e) of title 

21 46, United States Code, is amended by adding at the end 

22 the following: 

23 ‘‘(5) LETTERS OF INTENT.—The Secretary may 

24 execute letters of intent to commit funding to port 

25 sponsors from the Fund.’’. 


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1 SEC. 313. CUSTOMS-TRADE PARTNERSHIP AGAINST TER2 RORISM SECURITY VALIDATION PROGRAM. 

3 (a) IN GENERAL.—Chapter 701 of title 46, United 

4 States Code, as amended by section 308 of this title, is 

5 further amended— 

6 (1) by redesignating section 70122 (as redesig7 nated by section 538(a)(3) of this title) as section 

8 70123; and 

9 (2) by inserting after section 70121 the fol10 lowing: 

11 ‘‘§ 70122. Customs-Trade Partnership Against Ter12 rorism validation program 

13 ‘‘(a) VALIDATION; RECORDS MANAGEMENT.—The 

14 Secretary of Homeland Security, through the Commis15 sioner of Customs and Border Protection, shall issue regu16 lations— 

17 ‘‘(1) to strengthen the validation process to 

18 verify that security programs of members of the 

19 Customs-Trade Partnership Against Terrorism have 

20 been implemented and that the program benefits 

21 should continue by providing appropriate guidance 

22 to specialists conducting such validations, including 

23 establishing what level of review is adequate to de24 termine whether member security practices are reli25 able, accurate, and effective; and 


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1 ‘‘(2) to implement a records management sys2 tem that documents key decisions and significant 

3 operational events accurately and in a timely man4 ner, including a reliable system for— 

5 ‘‘(A) documenting and maintaining records 

6 of all decisions in the application through vali7 dation processes, including documentation of 

8 the objectives, scope, methodologies, and limita9 tions of validations; and 

10 ‘‘(B) tracking member status. 

11 ‘‘(b) HUMAN CAPITAL PLAN.—Within 6 months after 

12 the date of enactment of the Maritime Security Improve13 ment Act of 2006, the Secretary shall complete a human 

14 capital plan, that clearly describes how the Customs-Trade 

15 Partnership Against Terrorism program will recruit, train, 

16 and retain sufficient staff to conduct the work of the pro17 gram successfully, including reviewing security profiles, 

18 vetting, and conducting validations to mitigate program 

19 risk.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Secretary of 

22 Homeland Security to carry out section 70122 of title 49, 

23 United States Code, not to exceed— 

24 (1) $60,000,000 for fiscal year 2007; 

25 (2) $65,000,000 for fiscal year 2008; and 


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1 (3) $72,000,000 for fiscal year 2009. 

2 (c) CONFORMING AMENDMENTS.— 

3 (1) The chapter analysis for chapter 701 of title 

4 46, United States Code, as amended by section 

5 308(b) of this title, is further amended by striking 

6 the item relating to section 70122 and inserting the 

7 following: 

‘‘70122. Customs-Trade Partnership Against Terrorism validation program 

‘‘70123. Civil penalty’’. 

8 (2) Section 70117(a) and 70119(a) of title 46, 

9 United States Code, as amended by section 

10 308(b)(2) and (3), respectively, of this Act, are each 

11 amended by striking ‘‘section 70122,’’ and inserting 

12 ‘‘section 70123,’’. 

13 SEC. 314. WORK STOPPAGES AND EMPLOYEE-EMPLOYER 

14 DISPUTES. 

15 Section 70101(6) is amended by inserting after 

16 ‘‘area.’’ the following: ‘‘In this paragraph, the term ‘eco17 nomic disruption’ does not include a work stoppage or 

18 other nonviolent employee-related action resulting from an 

19 employee-employer dispute.’’. 

20 SEC. 315. APPEAL OF DENIAL OF WAIVER FOR TRANSPOR21 TATION SECURITY CARD. 

22 Section 70105(c)(3) of title 46, United States Code, 

23 is amended by inserting ‘‘or a waiver under paragraph 

24 (2)’’ after ‘‘card’’. 


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73 

•S 2791 PCS 

1 SEC. 316. INSPECTION OF CAR FERRIES ENTERING FROM 

2 CANADA. 

3 Within 120 days after the date of enactment of this 

4 Act, the Secretary of Homeland Security, acting through 

5 the Commissioner of Customs and Border Protection, in 

6 coordination with the Secretary of State, and their Cana7 dian counterparts, shall develop a plan for the inspection 

8 of passengers and vehicles before such passengers board, 

9 or such vehicles are loaded onto, a ferry bound for a 

10 United States port. 


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Calendar No. 430 

109TH CONGRESS 

2D SESSION S. 2791 

A BILL 

To amend titles 46 and 49, United States Code, to 

transportation security, and for other purposes. provide improved maritime, rail, and public 

MAY 12, 2006 

Read the second time and placed on the calendar 


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