II 

109TH CONGRESS 

1ST SESSION S. 1052 

To improve transportation security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 17, 2005 

Mr. STEVENS (for himself, Mr. INOUYE, Mr. ROCKEFELLER, Mr. DORGAN, 

Ms. SNOWE, Mrs. BOXER, Ms. CANTWELL, Mr. LAUTENBERG, Mr. 

PRYOR, Mrs. CLINTON, and Mr. SCHUMER) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To improve 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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Transportation Security Improvement Act of 2005’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

TITLE I—AUTHORIZATIONS

Sec. 101. Transportation Security Administration authorization. 

Sec. 102. Department of Transportation authorization. 

Sec. 103. Certain personnel limitations not to apply. 

Sec. 104. Intermodal regional security managers. 
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Sec. 105. Security threat assessment coordination policy. 

Sec. 106. Reorganizations. 

TITLE II—IMPROVED AVIATION SECURITY

Sec. 201. Post-fiscal year 2006 air carrier security fees. 

Sec. 202. Alternative collection methods for passenger security fee. 

Sec. 203. Screener training review. 

Sec. 204. Employee retention internship program. 

Sec. 205. Repair station security. 

Sec. 206. Waiver process for certain employment disqualifications. 

TITLE III—IMPROVED RAIL SECURITY

Sec. 301. Short title. 

Sec. 302. Rail transportation security risk assessment. 

Sec. 303. Systemwide Amtrak security upgrades. 

Sec. 304. Fire and life-safety improvements. 

Sec. 305. Freight and passenger rail security upgrades. 

Sec. 306. Rail security research and development. 

Sec. 307. Oversight and grant procedures. 

Sec. 308. Amtrak plan to assist families of passengers involved in rail passenger accidents. 

Sec. 309. Northern Border rail passenger report. 

Sec. 310. Rail worker security training program. 

Sec. 311. Whistleblower protection program. 

Sec. 312. High hazard material security threat mitigation plans. 

Sec. 313. Memorandum of agreement. 

Sec. 314. Rail security enhancements. 

Sec. 315. Welded rail and tank car safety improvements. 

Sec. 316. Report regarding impact on security of train travel in communities 

without grade separation. 

Sec. 317. Study of foreign rail transport security programs. 

Sec. 318. Passenger, baggage, and cargo screening. 

Sec. 319. Public awareness. 

Sec. 320. Railroad high hazard material tracking. 

TITLE IV—IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL

SECURITY

Sec. 401. Background checks for drivers hauling hazardous materials. 

Sec. 402. Written plans for hazardous materials highway routing. 

Sec. 403. Motor carrier high hazard material tracking. 

Sec. 404. Truck leasing security training guidelines. 

Sec. 405. Hazardous materials security inspections and enforcement. 

Sec. 406. Pipeline security and incident recovery plan. 

Sec. 407. Pipeline security inspections and enforcement. 

Sec. 408. Memorandum of agreement. 

Sec. 409. National public sector response system. 

Sec. 410. Over-the-road bus security assistance. 

TITLE V—IMPROVED MARITIME SECURITY

Sec. 501. Establishment of additional joint operational centers for port security. 

Sec. 502. AMTS plan to include salvage response plan. 

Sec. 503. Priority to certain vessels in post-incident resumption of trade. 
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Sec. 504. Assistance for foreign ports. 

Sec. 505. Improved data used for targeted cargo searches. 

Sec. 506. Increase in number of customs inspectors assigned overseas. 

Sec. 507. Random inspection of containers. 

Sec. 508. Cargo security. 

Sec. 509. Secure systems of international intermodal transportation. 

Sec. 510. Technology for maritime transportation security. 

Sec. 511. Deadline for transportation security cards. 

Sec. 512. Evaluation and report. 

Sec. 513. Port security grants. 

Sec. 514. Work stoppages and employee-employer disputes. 

Sec. 515. Appeal of denial of waiver for transportation security card. 

1 TITLE I—AUTHORIZATIONS 

2 SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION 

3 AUTHORIZATION. 

4 Section 114 of title 49, United States Code, is 

5 amended by adding at the end thereof the following: 

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

7 are authorized to be appropriated to the Secretary of 

8 Homeland Security, (Transportation Security Administra9 tion)— 

10 ‘‘(1) for Aviation Security— 

11 ‘‘(A) $5,000,000,000 for fiscal year 2006; 

12 ‘‘(B) $5,250,000,000 for fiscal year 2007; 

13 and 

14 ‘‘(C) $5,500,000,000 for fiscal year 2008; 

15 ‘‘(2) for Maritime and Land Security— 

16 ‘‘(A) $394,000,000 for fiscal year 2006; 

17 ‘‘(B) $354,000,000 for fiscal year 2007; 

18 and 

19 ‘‘(C) $354,000,000 for fiscal year 2008; 

20 ‘‘(3) for Intelligence— 
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1 ‘‘(A) $30,000,000 for fiscal year 2006; 

2 ‘‘(B) $32,000,000 for fiscal year 2007; and 

3 ‘‘(C) $34,000,000 for fiscal year 2008; 

4 ‘‘(4) for Research and Development— 

5 ‘‘(A) $30,000,000 for fiscal year 2006; 

6 ‘‘(B) $32,000,000 for fiscal year 2007; and 

7 ‘‘(C) $34,000,000 for fiscal year 2008; and 

8 ‘‘(5) for Administration— 

9 ‘‘(A) $530,000,000 for fiscal year 2006; 

10 ‘‘(B) $535,000,000 for fiscal year 2007; 

11 and 

12 ‘‘(C) $540,000,000 for fiscal year 2008.’’. 

13 SEC. 102. DEPARTMENT OF TRANSPORTATION AUTHORIZA14 TION. 

15 There are authorized to be appropriated to the Sec16 retary of Transportation to carry out title III of this Act 

17 and sections 20118 and 24316 of title 49, United States 

18 Code, as added by title III of this Act— 

19 (1) $261,000,000 for fiscal year 2006; 

20 (2) $258,000,000 for fiscal year 2007; and 

21 (3) $258,000,000 for fiscal year 2008. 

22 SEC. 103. CERTAIN PERSONNEL LIMITATIONS NOT TO 

23 APPLY. 

24 (a) IN GENERAL.—Any statutory limitation on the 

25 number of employees in the Transportation Security Ad-
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1 ministration of the Department of Transportation, before 

2 or after its transfer to the Department of Homeland Secu3 rity, does not apply to the extent that any such employees 

4 are responsible for implementing the provisions of this 

5 Act. 

6 (b) AVIATION SECURITY.—Nothwithstanding any 

7 provision of law imposing a limitation on the recruiting 

8 or hiring of personnel into the Transportation Security 

9 Administration to a maximum number of permanent posi10 tions, the Secretary of Homeland Security shall recruit 

11 and hire such personnel into the Administration as may 

12 be necessary— 

13 (1) to provide appropriate levels of aviation se14 curity; and 

15 (2) to accomplish that goal in such a manner 

16 that the average aviation security-related delay expe17 rienced by airline passengers is reduced. 

18 SEC. 104. INTERMODAL REGIONAL SECURITY MANAGERS. 

19 (a) ESTABLISHMENT, DESIGNATION, AND STA20 TIONING.—The Under Secretary of Homeland Security for 

21 Border and Transportation Security, acting through the 

22 Transportation Security Administration, is authorized to 

23 establish the position of Intermodal Manager within each 

24 of at least 8 regional areas of the nation, as divided on 

25 a geographical basis. The Under Secretary shall designate 
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1 individuals as Managers for, and station those Managers 

2 within, those regions. 

3 (b) DUTIES AND POWERS.—The regional offices 

4 shall— 

5 (1) receive intelligence information related to 

6 maritime and land security within the region; 

7 (2) assist in the development and implementa8 tion of vulnerability, threat, and risk assessments, 

9 security plans, the identification of critical infra10 structure for the region undertaken by the Trans11 portation Security Administration and the Depart12 ment of Homeland Security, or other public or pri13 vate entity when appropriate; 

14 (3) serve as the regional coordinator of the As15 sistant Secretary’s response to terrorist incidents 

16 and threats to maritime and land assets, operations 

17 and infrastructure within the region; 

18 (4) coordinate efforts related to maritime and 

19 land security with other Department officials, State 

20 and local law enforcement, and other public and pri21 vate entities; 

22 (5) coordinate with other regional managers; 

23 (6) assist the Assistant Secretary in prioritizing 

24 maritime and land security improvements, grants, 

25 and other efforts funded by the Transportation Se-
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1 curity Administration or the Department of Home2 land Security within the region; and 

3 (7) engage in outreach and promote public 

4 awareness of maritime and land security efforts 

5 when appropriate. 

6 SEC. 105. SECURITY THREAT ASSESSMENT COORDINATION 

7 POLICY. 

8 (a) IN GENERAL.—The Secretary of Homeland Secu9 rity shall transmit to the Senate Committee on Commerce, 

10 Science, and Transportation and the House of Represent11 atives Committee on Transportation and Infrastructure a 

12 copy of the report on comprehensive terrorist-related 

13 screening procedures required by Homeland Security 

14 Presidential Directive 11 issued on August 27, 2004. 

15 (b) FORMAT.—The Secretary may submit the report 

16 in both classified and redacted formats if the Secretary 

17 determines that such action is appropriate or necessary. 

18 SEC. 106. REORGANIZATIONS. 

19 The Secretary of Homeland Security shall notify the 

20 Senate Committee on Commerce, Science, and Transpor21 tation, the Senate Committee on Homeland Security and 

22 Governmental Affairs, and the House of Representatives 

23 Committee on Homeland Security in writing not less than 

24 15 days before— 

25 (1) reorganizing or renaming offices; 
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1 (2) reorganizing programs or activities; or 

2 (3) contracting out or privatizing any functions 

3 or activities presently performed by Federal employ4 ees. 

5 TITLE II—IMPROVED AVIATION 

6 SECURITY 

7 SEC. 201. POST-FISCAL YEAR 2006 AIR CARRIER SECURITY 

8 FEES. 

9 (a) AIR CARRIER SECURITY SERVICE FEES SUBJECT

10 TO CONGRESSIONAL REVIEW.—Section 44940(a)(2) of 

11 title 49, United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘(D) FISCAL YEARS 2007 AND LATER.— 

14 The Under Secretary may not impose a fee 

15 under subparagraph (A) after September 30, 

16 2006, unless— 

17 ‘‘(i) the fee is imposed by rule promul18 gated by the Under Secretary; and 

19 ‘‘(ii) the Under Secretary submits the 

20 rule to the Senate Committee on Com21 merce, Science, and Transportation and 

22 the House of Representatives Committee 

23 on Transportation and Infrastructure not 

24 less than 60 days before its proposed effec25 tive date. 
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1 ‘‘(E) APPLICATION OF CHAPTER 8 OF

2 TITLE 5.—Chapter 8 of title 5 applies to any 

3 rule promulgated by the Under Secretary im4 posing a fee under subparagraph (A) after Sep5 tember 30, 2006.’’. 

6 (b) REPORT ON TRANSPORTATION SECURITY SERV7 ICE FEES.—Each year, beginning with calendar year 

8 2006, the Secretary of Homeland Security, shall transmit 

9 a report to the Senate Committee on Commerce, Science, 

10 and Transportation and the House of Representatives 

11 Committee on Transportation and Infrastructure on fees, 

12 substantially similar to the fee imposed under section 

13 44940(a)(2) of title 49, United States Code, that are im14 posed under authority of law on competing modes of regu15 larly-scheduled commercial passenger transportation by 

16 rail, vessel, or over-the-road bus to pay for the difference 

17 between the Transportation Security Administration’s 

18 costs of providing transportation security services in con19 nection with those modes of transportation and amounts 

20 collected from fees imposed under authority of law on pas21 sengers using those modes of transportation, taking into 

22 account costs that are the same as or similar to the costs 

23 described in 44940(a)(1) of that title that are appropriate 

24 to the respective modes of transportation. 
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1 SEC. 202. ALTERNATIVE COLLECTION METHODS FOR PAS2 SENGER SECURITY FEE. 

3 (a) IN GENERAL.— 

4 (1) STUDY.—The Assistant Secretary of Home5 land Security (Transportation Security Administra6 tion) shall study the feasibility of collecting the pas7 senger security service fee authorized by section 

8 44940(a) of title 49, United States Code, directly 

9 from passengers at, or before they reach, the airport 

10 through a system developed or approved by the As11 sistant Secretary, including the use of vending ki12 osks, other automated vending devices, the Internet, 

13 or other remote vending sites. 

14 (2) SOLICITATION OF PROPOSALS.—In carrying 

15 out this subsection the Secretary shall solicit pro16 posals for such alternative collection mechanisms. 

17 (3) DEVELOPMENT OF ALTERNATIVES.—Based 

18 on the study conducted under paragraph (1) and an 

19 evaluation of proposals submitted pursuant to the 

20 solicitation under paragraph (2), the Assistant Sec21 retary shall develop such alternative collection sys22 tems as the Assistant Secretary determines to be 

23 feasible, including schedules and methods to ensure 

24 the efficiency of such systems. 

25 (b) REPORT.—The Secretary shall report the results 

26 of the study, together with any recommendations the Sec-
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1 retary deems appropriate, to the Congress within 6 

2 months after the date of enactment of this Act. 

3 (c) DEMONSTRATION PROJECTS.—If the Secretary 

4 determines that a system of direct collection of such fees 

5 from passengers at airports is feasible, the Secretary shall 

6 conduct demonstration projects at no fewer than 3 air7 ports within 1 year after submitting the report required 

8 by subsection (b) to the Congress. 

9 SEC. 203. SCREENER TRAINING REVIEW. 

10 Within 6 months after the date of enactment of this 

11 Act, the Assistant Secretary of Homeland Security 

12 (Transportation Security Administration), shall transmit 

13 a report on the adequacy of training for Transportation 

14 Security Administration screeners to the Congress. In ad15 dition to other issues, the Assistant Secretary shall specifi16 cally address any multi-hour weekly training requirement 

17 for such screeners, including an assessment of the degree 

18 to which such a requirement is observed and whether the 

19 requirement is appropriate, workable, and desirable. The 

20 Inspector General of the Department of Homeland Secu21 rity shall review the report submitted under this section. 

22 SEC. 204. EMPLOYEE RETENTION INTERNSHIP PROGRAM. 

23 The Assistant Secretary of Homeland Security 

24 (Transportation Security Administration), shall establish 

25 a pilot program at no fewer than 3 airports for training 
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1 students to perform screening of passengers and property 

2 under section 44901 of title 49, United States Code. The 

3 program shall be an internship for pre-employment train4 ing of final-year students from public and private sec5 ondary schools located in nearby communities. Under the 

6 program, participants— 

7 (1) shall be compensated for training and serv8 ices time while participating in the program, and 

9 (2) shall be required to agree, as a condition of 

10 participation in the program, to accept employment 

11 as a screener upon successful completion of the in12 ternship and upon graduation from the secondary 

13 school. 

14 SEC. 205. REPAIR STATION SECURITY. 

15 (a) CERTIFICATION OF FOREIGN REPAIR STATIONS

16 SUSPENSION.—If the Under Secretary of Homeland Secu17 rity for Border and Transportation Security does not issue 

18 the regulations required by section 44924(e) of title 49, 

19 United States Code, within 90 days after the date of en20 actment of this Act, the Administrator of the Federal 

21 Aviation Administration may not certify any foreign repair 

22 station under part 145 of title 14, Code of Federal Regu23 lations after such 90th day. 

24 (b) 6-MONTH DEADLINE FOR SECURITY REVIEW

25 AND AUDIT.—Subsections (a) and (d) of section 44924 
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1 of title 49, United States Code, are each amended by strik2 ing ‘‘18 months’’ and inserting ‘‘6 months’’. 

3 SEC. 206. WAIVER PROCESS FOR CERTAIN EMPLOYMENT 

4 DISQUALIFICATIONS. 

5 Section 44936 of title 49, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘(f) WAIVER PROCESS.— 

8 ‘‘(1) IN GENERAL.—The Under Secretary for 

9 Border and Transportation Security of the Depart10 ment of Homeland Security shall establish a process 

11 to permit an individual who was convicted of a crime 

12 listed in subsection (b) to obtain a waiver from the 

13 Under Secretary to permit that individual’s employ14 ment. 

15 ‘‘(2) FACTORS.—In deciding whether to grant a 

16 waiver under this subsection, the Under Secretary 

17 shall give consideration to the circumstances of the 

18 disqualifying crime, restitution made by the indi19 vidual, and other factors that would tend to indicate 

20 that the individual does not pose a security or ter21 rorism risk. 

22 ‘‘(3) APPEALS PROCESS.—The Under Secretary 

23 shall establish a process that includes an opportunity 

24 for a hearing for individuals who are denied waivers 

25 under this subsection. 
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1 ‘‘(4) RESTRICTIONS ON USE AND MAINTENANCE

2 OF INFORMATION.— 

3 ‘‘(A) Information submitted to or obtained 

4 by the Attorney General or the Secretary under 

5 this section about an individual may not be 

6 made available to the public, including the indi7 vidual’s employer. 

8 ‘‘(B) Any information submitted to or ob9 tained under this section shall be maintained 

10 confidentially by the Under Secretary and may 

11 be used only for making determinations under 

12 this section. The Under Secretary may share 

13 any such information with other Federal law 

14 enforcement agencies. An individual’s employer 

15 may only be informed whether or not the indi16 vidual has been granted unescorted access 

17 under this section. 

18 ‘‘(5) APPEAL.—An individual denied a waiver 

19 under this subsection may file a civil action appeal20 ing that denial in any United States District Court 

21 and those courts shall have jurisdiction of the ap22 peal.’’. 
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1 TITLE III—IMPROVED RAIL 

2 SECURITY 

3 SEC. 301. SHORT TITLE. 

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

5 2005’’. 

6 SEC. 302. RAIL TRANSPORTATION SECURITY RISK ASSESS7 MENT. 

8 (a) IN GENERAL.— 

9 (1) VULNERABILITY AND RISK ASSESSMENT.— 

10 The Secretary of Homeland Security shall establish 

11 a task force, including the Transportation Security 

12 Administration, the Department of Transportation, 

13 and other appropriate agencies, to complete a vul14 nerability and risk assessment of freight and pas15 senger rail transportation (encompassing railroads, 

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

17 49, United States Code). The assessment shall in18 clude— 

19 (A) identification and evaluation of critical 

20 assets and infrastructures; 

21 (B) identification of vulnerabilities and 

22 risks to those assets and infrastructures; 

23 (C) identification of vulnerabilities and 

24 risks that are specific to the transportation of 

25 hazardous materials via railroad; and 
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1 (D) identification of security weaknesses in 

2 passenger and cargo security, transportation in3 frastructure, protection systems, procedural 

4 policies, communications systems, employee 

5 training, emergency response planning, and any 

6 other area identified by the assessment. 

7 (2) EXISTING PRIVATE AND PUBLIC SECTOR

8 EFFORTS.—The assessment shall take into account 

9 actions taken or planned by both public and private 

10 entities to address identified security issues and as11 sess the effective integration of such actions. 

12 (3) RECOMMENDATIONS.—Based on the assess13 ment conducted under paragraph (1), the Secretary, 

14 in consultation with the Secretary of Transportation, 

15 shall develop prioritized recommendations for im16 proving rail security, including any recommendations 

17 the Secretary has for— 

18 (A) improving the security of rail tunnels, 

19 rail bridges, rail switching and car storage 

20 areas, other rail infrastructure and facilities, in21 formation systems, and other areas identified 

22 by the Secretary as posing significant rail-re23 lated risks to public safety and the movement 

24 of interstate commerce, taking into account the 
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1 impact that any proposed security measure 

2 might have on the provision of rail service; 

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

5 radioactive substances, and any appropriate 

6 countermeasures; 

7 (C) training appropriate railroad or rail8 road shipper employees in terrorism prevention, 

9 passenger evacuation, and response activities; 

10 (D) conducting public outreach campaigns 

11 on passenger railroads; 

12 (E) deploying surveillance equipment; and 

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

15 address those risks. 

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

17 (c) shall include— 

18 (A) a plan, developed in consultation with 

19 the freight and intercity passenger railroads, 

20 and State and local governments, for the Fed21 eral government to provide increased security 

22 support at high or severe threat levels of alert; 

23 (B) a plan for coordinating existing and 

24 planned rail security initiatives undertaken by 

25 the public and private sectors; and 
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1 (C) a contingency plan, developed in con2 junction with freight and intercity and com3 muter passenger railroads, to ensure the contin4 ued movement of freight and passengers in the 

5 event of an attack affecting the railroad system, 

6 which shall contemplate— 

7 (i) the possibility of rerouting traffic 

8 due to the loss of critical infrastructure, 

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

10 and 

11 (ii) methods of continuing railroad 

12 service in the Northeast Corridor in the 

13 event of a commercial power loss, or catas14 trophe affecting a critical bridge, tunnel, 

15 yard, or station. 

16 (b) CONSULTATION; USE OF EXISTING RE17 SOURCES.—In carrying out the assessment and developing 

18 the recommendations and plans required by subsection 

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

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

21 used to transport hazardous materials, first responders, 

22 shippers of hazardous materials, public safety officials, 

23 and other relevant parties. 

24 (c) REPORT.— 
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1 (1) CONTENTS.—Within 180 days after the 

2 date of enactment of this Act, the Secretary shall 

3 transmit to the Senate Committee on Commerce, 

4 Science, and Transportation and the House of Rep5 resentatives Committee on Transportation and In6 frastructure a report containing the assessment, 

7 prioritized recommendations, and plans required by 

8 subsection (a) and an estimate of the cost to imple9 ment such recommendations. 

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

11 report in both classified and redacted formats if the 

12 Secretary determines that such action is appropriate 

13 or necessary. 

14 (d) ANNUAL UPDATES.—The Secretary, in consulta15 tion with the Secretary of Transportation, shall update the 

16 assessment and recommendations each year and transmit 

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

18 redacted formats, to the Committees named in subsection 

19 (c)(1), containing the updated assessment and rec20 ommendations. 

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

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

23 shall be made available to the Secretary of Homeland Se24 curity to carry out this section $5,000,000 for fiscal year 

25 2006. 
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1 SEC. 303. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

2 (a) IN GENERAL—Subject to subsection (c) the Sec3 retary of Homeland Security, in consulation with the As4 sistant Secretary of Homeland Security (Transportation 

5 Security Administration), is authorized to make grants to 

6 Amtrak— 

7 (1) to secure major tunnel access points and en8 sure tunnel integrity in New York, Baltimore, and 

9 Washington, DC; 

10 (2) to secure Amtrak trains; 

11 (3) to secure Amtrak stations; 

12 (4) to obtain a watch list identification system 

13 approved by the Secretary; 

14 (5) to obtain train tracking and interoperable 

15 communications systems that are coordinated to the 

16 maximum extent possible; 

17 (6) to hire additional police and security offi18 cers, including canine units; and 

19 (7) to expand emergency preparedness efforts. 

20 (b) CONDITIONS.—The Secretary of Transportation 

21 shall disburse funds to Amtrak provided under subsection 

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

23 approved by the Secretary of Homeland Security. The 

24 plan shall include appropriate measures to address secu25 rity awareness, emergency response, and passenger evacu26 ation training. 
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1 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The 

2 Secretary shall ensure that, subject to meeting the highest 

3 security needs on Amtrak’s entire system, stations and fa4 cilities located outside of the Northeast Corridor receive 

5 an equitable share of the security funds authorized by this 

6 section. 

7 (d) AVAILABILITY OF FUNDS.—Out of funds appro8 priated pursuant to section 114(u)(2) of title 49, United 

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

10 of Homeland Security and the Assistant Secretary of 

11 Homeland Security (Transportation Security Administra12 tion) to carry out this section— 

13 (1) $63,500,000 for fiscal year 2006; 

14 (2) $30,000,000 for fiscal year 2007; and 

15 (3) $30,000,000 for fiscal year 2008. 

16 Amounts appropriated pursuant to this subsection shall 

17 remain available until expended. 

18 SEC. 304. FIRE AND LIFE-SAFETY IMPROVEMENTS. 

19 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans20 portation is authorized to make grants to Amtrak for the 

21 purpose of making fire and life-safety improvements to 

22 Amtrak tunnels on the Northeast Corridor in New York, 

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

24 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

25 funds appropriated pursuant to section 102 of this Act, 
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1 there shall be made available to the Secretary of Transpor2 tation for the purposes of carrying out subsection (a) the 

3 following amounts: 

4 (1) For the 6 New York tunnels to provide ven5 tilation, electrical, and fire safety technology up6 grades, emergency communication and lighting sys7 tems, and emergency access and egress for pas8 sengers— 

9 (A) $190,000,000 for fiscal year 2006; 

10 (B) $190,000,000 for fiscal year 2007; and 

11 (C) $190,000,000 for fiscal year 2008. 

12 (2) For the Baltimore & Potomac tunnel and 

13 the Union tunnel, together, to provide adequate 

14 drainage, ventilation, communication, lighting, and 

15 passenger egress upgrades— 

16 (A) $19,000,000 for fiscal year 2006; 

17 (B) $19,000,000 for fiscal year 2007; and 

18 (C) $19,000,000 for fiscal year 2008. 

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

20 tunnels to improve ventilation, communication, light21 ing, and passenger egress upgrades— 

22 (A) $13,333,000 for fiscal year 2006; 

23 (B) $13,333,000 for fiscal year 2007; and 

24 (C) $13,333,000 for fiscal year 2008. 
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1 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap2 propriated pursuant to section 102 of this Act, there shall 

3 be made available to the Secretary of Transportation for 

4 fiscal year 2006 $3,000,000 for the preliminary design of 

5 options for a new tunnel on a different alignment to aug6 ment the capacity of the existing Baltimore tunnels. 

7 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

8 Amounts made available pursuant to this section shall re9 main available until expended. 

10 (e) PLANS REQUIRED.—The Secretary may not make 

11 amounts available to Amtrak for obligation or expenditure 

12 under subsection (a)— 

13 (1) until Amtrak has submitted to the Sec14 retary, and the Secretary has approved, an engineer15 ing and financial plan for such projects; and 

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

17 this section, the Secretary has approved a project 

18 management plan prepared by Amtrak addressing 

19 appropriate project budget, construction schedule, 

20 recipient staff organization, document control and 

21 record keeping, change order procedure, quality con22 trol and assurance, periodic plan updates, and peri23 odic status reports. 

24 (f) REVIEW OF PLANS.—The Secretary of Transpor25 tation shall complete the review of the plans required by 
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1 paragraphs (1) and (2) of subsection (e) and approve or 

2 disapprove the plans within 45 days after the date on 

3 which each such plan is submitted by Amtrak. If the Sec4 retary determines that a plan is incomplete or deficient, 

5 the Secretary shall notify Amtrak of the incomplete items 

6 or deficiencies and Amtrak shall, within 30 days after re7 ceiving the Secretary’s notification, submit a modified 

8 plan for the Secretary’s review. Within 15 days after re9 ceiving additional information on items previously included 

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

11 included in a modified plan, the Secretary shall either ap12 prove the modified plan, or, if the Secretary finds the plan 

13 is still incomplete or deficient, the Secretary shall identify 

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

15 and Transportation and the House of Representatives 

16 Committee on Transportation and Infrastructure the por17 tions of the plan the Secretary finds incomplete or defi18 cient, approve all other portions of the plan, obligate the 

19 funds associated with those other portions, and execute 

20 an agreement with Amtrak within 15 days thereafter on 

21 a process for resolving the remaining portions of the plan. 

22 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN23 NEL USERS.—The Secretary shall, taking into account the 

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

25 projects described in subsection (a)— 
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1 (1) consider the extent to which rail carriers 

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

3 (2) consider the feasibility of seeking a financial 

4 contribution from those other rail carriers toward 

5 the costs of the projects; and 

6 (3) obtain financial contributions or commit7 ments from such other rail carriers at levels reflect8 ing the extent of their use or planned use of the tun9 nels, if feasible. 

10 SEC. 305. FREIGHT AND PASSENGER RAIL SECURITY UP11 GRADES. 

12 (a) SECURITY IMPROVEMENT GRANTS.—The Sec13 retary of Homeland Security, through the Assistant Sec14 retary of Homeland Security (Transportation Security Ad15 ministration) and other appropriate agencies, is author16 ized to make grants to freight railroads, the Alaska Rail17 road, hazardous materials shippers, owners of rail cars 

18 used in the transportation of hazardous materials, univer19 sities, colleges and research centers, State and local gov20 ernments (for rail passenger facilities and infrastructure 

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

22 Transportation, to Amtrak, for full or partial reimburse23 ment of costs incurred in the conduct of activities to pre24 vent or respond to acts of terrorism, sabotage, or other 

25 intercity passenger rail and freight rail security 
26 

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1 vulnerabilities and risks identified under section 302, in2 cluding— 

3 (1) security and redundancy for critical commu4 nications, computer, and train control systems essen5 tial for secure rail operations; 

6 (2) accommodation of cargo or passenger 

7 screening equipment at the United States-Mexico 

8 border or the United States-Canada border; 

9 (3) the security of hazardous material transpor10 tation by rail; 

11 (4) secure intercity passenger rail stations, 

12 trains, and infrastructure; 

13 (5) structural modification or replacement of 

14 rail cars transporting high hazard materials to im15 prove their resistance to acts of terrorism; 

16 (6) employee security awareness, preparedness, 

17 passenger evacuation, and emergency response train18 ing; 

19 (7) public security awareness campaigns for 

20 passenger train operations; 

21 (8) the sharing of intelligence and information 

22 about security threats; 

23 (9) to obtain train tracking and interoperable 

24 communications systems that are coordinated to the 

25 maximum extent possible; 
27 

•S 1052 IS 

1 (10) to hire additional police and security offi2 cers, including canine units; and 

3 (11) other improvements recommended by the 

4 report required by section 302, including infrastruc5 ture, facilities, and equipment upgrades. 

6 (b) ACCOUNTABILITY.—The Secretary shall adopt 

7 necessary procedures, including audits, to ensure that 

8 grants made under this section are expended in accord9 ance with the purposes of this Act and the priorities and 

10 other criteria developed by the Secretary. 

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

12 funds authorized by this section based on risk and vulner13 ability as determined under section 302, and shall encour14 age non-Federal financial participation in awarding 

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

16 the Secretary shall also take into account passenger vol17 ume and whether a station is used by commuter rail pas18 sengers as well as intercity rail passengers. 

19 (d) CONDITIONS.—The Secretary of Transportation 

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

21 unless Amtrak meets the conditions set forth in section 

22 303(b) of this Act. 

23 (e) ALLOCATION BETWEEN RAILROADS AND OTH24 ERS.—Unless as a result of the assessment required by 

25 section 302 the Secretary of Homeland Security deter-
28 

•S 1052 IS 

1 mines that critical rail transportation security needs re2 quire reimbursement in greater amounts to any eligible 

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

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

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

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

7 (a). 

8 (f) AUTHORIZATION OF APPROPRIATIONS.—Out of 

9 funds appropriated pursuant to section 114(u)(2) 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) $120,000,000 for fiscal year 2006; 

14 (2) $120,000,000 for fiscal year 2007; and 

15 (3) $120,000,000 for fiscal year 2008. 

16 Amounts made available pursuant to this subsection shall 

17 remain available until expended. 

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

19 section, the term ‘‘high hazard materials’’ means quan20 tities of poison inhalation hazard materials, Class 2.3 

21 gases, Class 6.1 materials, and anhydrous ammonia that 

22 the Secretary, in consultation with the Secretary of Trans23 portation, determines pose a security risk. 
29 

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1 SEC. 306. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

2 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP3 MENT PROGRAM.—The Secretary of Transportation, in 

4 conjunction with the Under Secretary of Homeland Secu5 rity for Science and Technology and the Assistant Sec6 retary of Homeland Security (Transportation Security Ad7 ministration), shall carry out a research and development 

8 program for the purpose of improving freight and intercity 

9 passenger rail security that may include research and de10 velopment projects to— 

11 (1) reduce the vulnerability of passenger trains, 

12 stations, and equipment to explosives and hazardous 

13 chemical, biological, and radioactive substances; 

14 (2) test new emergency response techniques and 

15 technologies; 

16 (3) develop improved freight technologies, in17 cluding— 

18 (A) technologies for sealing rail cars; 

19 (B) automatic inspection of rail cars; 

20 (C) communication-based train controls; 

21 and 

22 (D) emergency response training; 

23 (4) test wayside detectors that can detect tam24 pering with railroad equipment; 

25 (5) support enhanced security for the transpor26 tation of hazardous materials by rail, including— 
30 

•S 1052 IS 

1 (A) technologies to detect a breach in a 

2 tank car or other rail car used to transport haz3 ardous materials and transmit information 

4 about the integrity of cars to the train crew or 

5 dispatcher; 

6 (B) research to improve tank car integrity, 

7 with a focus on tank cars that carry high haz8 ard materials (as defined in section 305(g) of 

9 this Act; and 

10 (C) techniques to transfer hazardous mate11 rials from rail cars that are damaged or other12 wise represent an unreasonable risk to human 

13 life or public safety; and 

14 (6) other projects that address vulnerabilities 

15 and risks identified under section 302. 

16 (b) COORDINATION WITH OTHER RESEARCH INITIA17 TIVES.—The Secretary of Transportation shall ensure 

18 that the research and development program authorized by 

19 this section is coordinated with other research and devel20 opment initiatives at the Department of Transportation 

21 and the Department of Homeland Security. The Secretary 

22 shall carry out any research and development project au23 thorized by this section through a reimbursable agreement 

24 with the Under Secretary of Homeland Security for 

25 Science and Technology, if the Under Secretary— 
31 

•S 1052 IS 

1 (1) is already sponsoring a research and devel2 opment project in a similar area; or 

3 (2) has a unique facility or capability that 

4 would be useful in carrying out the project. 

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

6 the research and development program, the Secretary may 

7 award grants to the entities described in section 305(a) 

8 and shall adopt necessary procedures, including audits, to 

9 ensure that grants made under this section are expended 

10 in accordance with the purposes of this Act and the prior11 ities and other criteria developed by the Secretary. 

12 (d) AUTHORIZATION OF APPROPRIATIONS.—Out of 

13 funds appropriated pursuant to section 102 of this Act, 

14 there shall be made available to the Secretary of Transpor15 tation to carry out this section— 

16 (1) $35,000,000 for fiscal year 2006; 

17 (2) $35,000,000 for fiscal year 2007; and 

18 (3) $35,000,000 for fiscal year 2008. 

19 Amounts made available pursuant to this subsection shall 

20 remain available until expended. 

21 SEC. 307. OVERSIGHT AND GRANT PROCEDURES. 

22 (a) SECRETARIAL OVERSIGHT.—The Secretary of 

23 Homeland Security, in consultation with the Assistant 

24 Secretary of Homeland Security (Transportation Security 

25 Administration), may use up to 0.5 percent of amounts 
32 

•S 1052 IS 

1 made available for capital projects under the Rail Security 

2 Act of 2005 to enter into contracts for the review of pro3 posed capital projects and related program management 

4 plans and to oversee construction of such projects. 

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

6 amounts available under subsection (a) of this subsection 

7 to make contracts for safety, procurement, management, 

8 and financial compliance reviews and audits of a recipient 

9 of amounts under this Act. 

10 (c) PROCEDURES FOR GRANT AWARD.—The Sec11 retary shall prescribe procedures and schedules for the 

12 awarding of grants under this Act, including application 

13 and qualification procedures (including a requirement that 

14 the applicant have a security plan), and a record of deci15 sion on applicant eligibility. The procedures shall include 

16 the execution of a grant agreement between the grant re17 cipient and the Secretary and shall be consistent, to the 

18 extent practicable, with the grant procedures established 

19 under section 70107 of title 46, United States Code. The 

20 Secretary shall issue a final rule establishing the proce21 dures not later than 90 days after the date of enactment 

22 of this Act. 
33 

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1 SEC. 308. AMTRAK PLAN TO ASSIST FAMILIES OF PAS2 SENGERS INVOLVED IN RAIL PASSENGER AC3 CIDENTS. 

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

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

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

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

11 months after the date of the enactment of the Rail Secu12 rity Act of 2005, Amtrak shall submit to the Chairman 

13 of the National Transportation Safety Board and the Sec14 retary of Transportation a plan for addressing the needs 

15 of the families of passengers involved in any rail passenger 

16 accident involving an Amtrak intercity train and resulting 

17 in a loss of life. 

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

20 a minimum, the following: 

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

22 and provide to the National Transportation Safety 

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

25 best available information at the time of the request) 

26 of the names of the passengers aboard the train 
34 

•S 1052 IS 

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

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

4 and passengers not holding reservations on other 

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

7 train involved in an accident. 

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

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

11 handle calls from the families of the passengers. 

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

13 passengers, before providing any public notice of the 

14 names of the passengers, by suitably trained individ15 uals. 

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

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

21 ‘‘(5) A process by which the family of each pas22 senger will be consulted about the disposition of all 

23 remains and personal effects of the passenger within 

24 Amtrak’s control; that any possession of the pas25 senger within Amtrak’s control will be returned to 
35 

•S 1052 IS 

1 the family unless the possession is needed for the ac2 cident investigation or any criminal investigation; 

3 and that any unclaimed possession of a passenger 

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

5 passenger carrier for at least 18 months. 

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

7 families of nonrevenue passengers will be the same 

8 as the treatment of the families of revenue pas9 sengers. 

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

11 adequate training to its employees and agents to 

12 meet the needs of survivors and family members fol13 lowing an accident. 

14 ‘‘(c) USE OF INFORMATION.—The National Trans15 portation Safety Board, the Secretary of Transportation, 

16 and Amtrak may not release to any person information 

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

18 information on the list about a passenger to the family 

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

20 considers appropriate. 

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

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

23 or State court arising out of the performance of Amtrak 

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

25 information concerning a train reservation, pursuant to a 
36 

•S 1052 IS 

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

2 such liability was caused by Amtrak’s conduct. 

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

4 Nothing in this section may be construed as limiting the 

5 actions that Amtrak may take, or the obligations that Am6 trak may have, in providing assistance to the families of 

7 passengers involved in a rail passenger accident. 

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

9 to section 102 of the Rail Security Act of 2005, there shall 

10 be made available to the Secretary of Transportation for 

11 the use of Amtrak $500,000 for fiscal year 2006 to carry 

12 out this section. Amounts made available pursuant to this 

13 subsection shall remain available until expended.’’. 

14 (b) CONFORMING AMENDMENT.—The chapter anal15 ysis for chapter 243 of title 49, United States Code, is 

16 amended by adding at the end the following: 

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

17 SEC. 309. NORTHERN BORDER RAIL PASSENGER REPORT. 

18 Within 180 days after the date of enactment of this 

19 Act, the Secretary of Transportation, in consultation with 

20 the Secretary of Homeland Security, the Assistant Sec21 retary of Homeland Security (Transportation Security Ad22 ministration), heads of other appropriate Federal depart23 ments, and agencies and the National Railroad Passenger 

24 Corporation, shall transmit a report to the Senate Com-
37 

•S 1052 IS 

1 mittee on Commerce, Science, and Transportation and the 

2 House of Representatives Committee on Transportation 

3 and Infrastructure that contains— 

4 (1) a description of the current system for 

5 screening passengers and baggage on passenger rail 

6 service between the United States and Canada; 

7 (2) an assessment of the current program to 

8 provide preclearance of airline passengers between 

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

10 Agreement on Air Transport Preclearance between 

11 the Government of Canada and the Government of 

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

13 2001; 

14 (3) an assessment of the current program to 

15 provide preclearance of freight railroad traffic be16 tween the United States and Canada as outlined in 

17 the ‘‘Declaration of Principle for the Improved Secu18 rity of Rail Shipments by Canadian National Rail19 way and Canadian Pacific Railway from Canada to 

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

21 (4) information on progress by the Department 

22 of Homeland Security and other Federal agencies to23 wards finalizing a bilateral protocol with Canada 

24 that would provide for preclearance of passengers on 
38 

•S 1052 IS 

1 trains operating between the United States and Can2 ada; 

3 (5) a description of legislative, regulatory, 

4 budgetary, or policy barriers within the United 

5 States Government to providing pre-screened pas6 senger lists for rail passengers traveling between the 

7 United States and Canada to the Department of 

8 Homeland Security; 

9 (6) a description of the position of the Govern10 ment of Canada and relevant Canadian agencies 

11 with respect to preclearance of such passengers; 

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

13 law necessary to provide for pre-screening of such 

14 passengers and providing pre-screened passenger 

15 lists to the Department of Homeland Security; and 

16 (8) an analysis of the feasibility of reinstating 

17 United States Customs and Border Patrol rolling in18 spections onboard international Amtrak trains. 

19 SEC. 310. RAIL WORKER SECURITY TRAINING PROGRAM. 

20 (a) IN GENERAL.—Not later than 60 days after the 

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

22 Security and the Secretary of Transportation, in consulta23 tion with appropriate law enforcement, security, and ter24 rorism experts, representatives of railroad carriers, and 

25 nonprofit employee organizations that represent rail work-
39 

•S 1052 IS 

1 ers, shall develop and issue detailed guidance for a rail 

2 worker security training program to prepare front-line 

3 workers for potential threat conditions. 

4 (b) PROGRAM ELEMENTS.—The guidance developed 

5 under subsection (a) shall require such a program to in6 clude, at a minimum, elements as appropriate to pas7 senger and freight rail service, that address the following: 

8 (1) Determination of the seriousness of any oc9 currence. 

10 (2) Crew communication and coordination. 

11 (3) Appropriate responses to defend 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) Live situational training exercises regarding 

17 various threat conditions, including tunnel evacu18 ation procedures. 

19 (8) Any other subject the Secretary considers 

20 appropriate. 

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

22 60 days after the Secretary issues guidance under sub23 section (a) in final form, each railroad carrier shall develop 

24 a rail worker security training program in accordance with 

25 that guidance and submit it to the Secretary for approval. 
40 

•S 1052 IS 

1 Not later than 30 days after receiving a railroad carrier’s 

2 program under this subsection, the Secretary shall review 

3 the program and approve it or require the railroad carrier 

4 to make any revisions the Secretary considers necessary 

5 for the program to meet the guidance requirements. 

6 (d) TRAINING.—Not later than 180 days after the 

7 Secretary approves the training program developed by a 

8 railroad carrier under this section, the railroad carrier 

9 shall complete the training of all front-line workers in ac10 cordance with that program. 

11 (e) UPDATES.—The Secretary shall update the train12 ing guidance issued under subsection (a) from time to 

13 time to reflect new or different security threats, and re14 quire railroad carriers to revise their programs accordingly 

15 and provide additional training to their front-line workers. 

16 (f) FRONT-LINE WORKERS DEFINED.—In this sec17 tion, the term ‘‘front-line workers’’ means security per18 sonnel, dispatchers, train operators, other onboard em19 ployees, maintenance and support personnel, bridge 

20 tenders, and other appropriate employees of railroad car21 riers. 

22 (g) OTHER EMPLOYEES.—The Secretary of Home23 land Security shall issue guidance and best practices for 

24 a rail shipper employee security program containing the 

25 elements listed under subsection (b) as appropriate. 
41 

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1 SEC. 311. WHISTLEBLOWER PROTECTION PROGRAM. 

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

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

4 section 20117 the following: 

5 ‘‘§ 20118. Whistleblower protection for rail security 

6 matters 

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

8 carrier engaged in interstate or foreign commerce may dis9 charge a railroad employee or otherwise discriminate 

10 against a railroad employee because the employee (or any 

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

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

13 about to provide or cause to be provided, to the em14 ployer or the Federal Government information relat15 ing to a perceived threat to security; or 

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

17 about to provide or cause to be provided, testimony 

18 before Congress or at any Federal or State pro19 ceeding regarding a perceived threat to security; or 

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

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

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

23 or claim arising under this section is subject to resolution 

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

25 In a proceeding by the National Railroad Adjustment 

26 Board, a division or delegate of the Board, or another 
42 

•S 1052 IS 

1 board of adjustment established under section 3 to resolve 

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

3 expedited and the dispute, grievance, or claim shall be re4 solved not later than 180 days after it is filed. If the viola5 tion is a form of discrimination that does not involve dis6 charge, suspension, or another action affecting pay, and 

7 no other remedy is available under this subsection, the 

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

9 may award the employee reasonable damages, including 

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

11 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro12 vided in subsection (b), the procedure set forth in section 

13 42121(b)(2)(B) of this title, including the burdens of 

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

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

16 railroad carrier may not seek protection under both this 

17 section and another provision of law for the same allegedly 

18 unlawful act of the carrier. 

19 ‘‘(e) DISCLOSURE OF IDENTITY.— 

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

21 this subsection, or with the written consent of the 

22 employee, the Secretary of Transportation may not 

23 disclose the name of an employee of a railroad car24 rier who has provided information about an alleged 

25 violation of this section. 
43 

•S 1052 IS 

1 ‘‘(2) The Secretary shall disclose to the Attor2 ney General the name of an employee described in 

3 paragraph (1) of this subsection if the matter is re4 ferred to the Attorney General for enforcement.’’. 

5 (b) CONFORMING AMENDMENT.—The chapter anal6 ysis for chapter 201 of title 49, United States Code, is 

7 amended by inserting after the item relating to section 

8 20117 the following: 

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

9 SEC. 312. HIGH HAZARD MATERIAL SECURITY THREAT 

10 MITIGATION PLANS. 

11 (a) IN GENERAL.—The Secretary of Homeland Secu12 rity, in consultation with the Assistant Secretary of Home13 land Security (Transportation Security Administration) 

14 and the Secretary of Transportation, shall require rail car15 riers transporting a high hazard material, as defined in 

16 section 305(g) of this Act and of a quantity equal or ex17 ceeding the quantities of such material listed in subpart 

18 172.800, title 49, Federal Code of Regulations, to develop 

19 a high hazard material security threat mitigation plans 

20 containing appropriate measures, including alternative 

21 routing and temporary shipment suspension options, to 

22 address assessed risks to high consequence targets. 

23 (b) IMPLEMENTATION.—A high hazard material se24 curity threat mitigation plan shall be put into effect by 

25 a rail carrier for the shipment of high hazardous materials 
44 

•S 1052 IS 

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

2 levels of the Homeland Security Advisory System are high 

3 or severe and specific intelligence of probable or imminent 

4 threat exists towards— 

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

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

7 used to transport high hazardous material; or 

8 (2) rail infrastructure or operations within the 

9 immediate vicinity of a high-consequence target. 

10 (c) COMPLETION AND REVIEW OF PLANS.— 

11 (1) PLANS REQUIRED.—Each rail carrier 

12 shall— 

13 (A) submit a list of routes used to trans14 port high hazard materials to the Secretary of 

15 Homeland Security within 60 days after the 

16 date of enactment of this Act; and 

17 (B) develop and submit a high hazard ma18 terial security threat mitigation plan to the Sec19 retary within 180 days after it receives the no20 tice of high consequence targets on such routes 

21 by the Secretary. 

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

23 with assistance of the Secretary of Transportation, 

24 shall review and approve the plans. Each rail carrier 
45 

•S 1052 IS 

1 shall update and resubmit its plan for review not 

2 less than every 2 years. 

3 (d) DEFINITIONS.—In this section: 

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

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

6 natural resource designated by the Secretary of 

7 Homeland Security that is viable terrorist target of 

8 national significance, the attack of which could re9 sult in— 

10 (A) catastrophic loss of life; and 

11 (B) significantly damaged national security 

12 and defense capabilities; or 

13 (C) national economic harm. 

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

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

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

17 materials in which the potential release or explosion 

18 of the high hazard material being transported would 

19 likely cause— 

20 (A) loss of life; or 

21 (B) significant damage to property or 

22 structures. 

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

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

25 United States Code. 
46 

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1 SEC. 313. MEMORANDUM OF AGREEMENT. 

2 (a) MEMORANDUM OF AGREEMENT.—Within 1 year 

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

4 Transportation and the Secretary of Homeland Security 

5 shall execute and develop an annex to the memorandum 

6 of agreement between the two departments signed on Sep7 tember 28, 2004, governing the specific roles, delineations 

8 of responsibilities, resources and commitments of the De9 partment of Transportation and the Department of Home10 land Security, respectively, in addressing railroad trans11 portation security matters, including the processes the de12 partments will follow to promote communications, effi13 ciency, and nonduplication of effort. 

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

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

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

17 including security,’’. 

18 SEC. 314. RAIL SECURITY ENHANCEMENTS. 

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

20 49, United States Code, is amended— 

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

22 ‘‘Under’’; 

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

24 appears and inserting ‘‘any rail carrier’’; and 

25 (3) by adding at the end the following: 
47 

•S 1052 IS 

1 ‘‘(b) LIMITATION.—Except to the extent necessary to 

2 carry out subsection (a), a rail police officer employed by 

3 a Class I or Class II railroad as identified by the Surface 

4 Transportation Board has no authority to enforce any 

5 rule, policy, or practice of, or labor agreement by, a rail 

6 carrier relating to personnel management or labor rela7 tions other than those involving safety or security. Noth8 ing in this subsection shall preclude a rail police officer 

9 from performing any activities not covered by subsection 

10 (a) that may be performed by any other employee of a 

11 railroad, provided that the rail police officer does not use 

12 his or her position as a rail police officer in performing 

13 such activities.’’. 

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

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

16 Transportation, in consultation with the Secretary of 

17 Homeland Security and the Assistant Secretary of Home18 land Security (Transportation Security Administration), 

19 shall review existing rail regulations of the Department 

20 of Transportation for the purpose of identifying areas in 

21 which those regulations need to be revised to improve rail 

22 security. 

23 SEC. 315. WELDED RAIL AND TANK CAR SAFETY IMPROVE24 MENTS. 

25 (a) TRACK STANDARDS.— 
48 

•S 1052 IS 

1 (1) IN GENERAL.—Within 90 days after the 

2 date of enactment of this Act, the Federal Railroad 

3 Administration shall— 

4 (A) require each track owner using contin5 uous welded rail track to include procedures (in 

6 its procedures filed with the Administration 

7 pursuant to section 213.119 of title 49, Code of 

8 Federal Regulations) to improve the identifica9 tion of cracks in rail joint bars; 

10 (B) instruct Administration track inspec11 tors to obtain copies of the most recent contin12 uous welded rail programs of each railroad 

13 within the inspectors’ areas of responsibility 

14 and require that inspectors use those programs 

15 when conducting track inspections; and 

16 (C) establish a program to review contin17 uous welded rail joint bar inspection data from 

18 railroads and Administration track inspectors 

19 periodically. 

20 (2) INSPECTION.—Whenever the Administration 

21 determines that it is necessary or appropriate the 

22 Administration may require railroads to increase the 

23 frequency of inspection, or improve the methods of 

24 inspection, of joint bars in continuous welded rail. 
49 

•S 1052 IS 

1 (b) TANK CAR STANDARDS.—The Federal Railroad 

2 Administration shall— 

3 (1) validate a predictive model to quantify the 

4 relevant dynamic forces acting on railroad tank cars 

5 under accident conditions within 1 year after the 

6 date of enactment of this Act; and 

7 (2) initiate a rulemaking to develop and imple8 ment appropriate design standards for pressurized 

9 tank cars within 18 months after the date of enact10 ment of this Act. 

11 (c) OLDER TANK CAR IMPACT RESISTANCE ANAL12 YSIS AND REPORT.—Within 1 year after the date of enact13 ment of this Act the Federal Railroad Administration shall 

14 conduct a comprehensive analysis to determine the impact 

15 resistance of the steels in the shells of pressure tank cars 

16 constructed before 1989. Within 6 months after com17 pleting that analysis the Administration shall— 

18 (1) establish a program to rank those cars ac19 cording to their risk of catastrophic fracture and 

20 separation; 

21 (2) implement measures to eliminate or miti22 gate this risk; and 

23 (3) transmit a report to the Senate Committee 

24 on Commerce, Science, and Transportation and the 

25 House of Representatives Committee on Transpor-
50 

•S 1052 IS 

1 tation and Infrastructure setting forth the measures 

2 implemented. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

4 are authorized to be appropriated to the Federal Railroad 

5 Administration $1,000,000 for fiscal year 2006 to carry 

6 out this section, such sums to remain available until ex7 pended. 

8 SEC. 316. REPORT REGARDING IMPACT ON SECURITY OF 

9 TRAIN TRAVEL IN COMMUNITIES WITHOUT 

10 GRADE SEPARATION. 

11 (a) STUDY.—The Secretary of Transportation, in 

12 consultation with the Secretary of Homeland Security, the 

13 Assistant Secretary of Homeland Security (Transpor14 tation Security Administration), and State and local gov15 ernment officials, shall conduct a study on the impact of 

16 blocked highway-railroad grade crossings on the ability of 

17 emergency responders, including ambulances and police, 

18 fire, and other emergency vehicles, to perform public safe19 ty and security duties in the event of a terrorist attack. 

20 (b) REPORT.—Not later than 1 year after the date 

21 of enactment of this Act, the Secretary shall submit a re22 port to the Committee on Transportation and Infrastruc23 ture of the House of Representatives and the Committee 

24 on Commerce, Science, and Transportation of the Senate 

25 on the findings of the study conducted under subsection 
51 

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1 (a) and recommendations for reducing the impact of 

2 blocked crossings on emergency response capabilities. 

3 SEC. 317. STUDY OF FOREIGN RAIL TRANSPORT SECURITY 

4 PROGRAMS. 

5 (a) REQUIREMENT FOR STUDY.—Within one year 

6 after the date of enactment of the Rail Security Act of 

7 2005, the Comptroller General shall complete a study of 

8 the rail passenger transportation security programs that 

9 are carried out for rail transportation systems in Japan, 

10 member nations of the European Union, and other foreign 

11 countries. 

12 (b) PURPOSE.—The purpose of the study shall be to 

13 identify effective rail transportation security measures 

14 that are in use in foreign rail transportation systems, in15 cluding innovative measures and screening procedures de16 termined effective. 

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

18 a report on the results of the study to the Senate Com19 mittee on Commerce, Science, and Transportation and the 

20 House of Representatives Committee on Transportation 

21 and Infrastructure. The report shall include the Comp22 troller General’s assessment regarding whether it is fea23 sible to implement within the United States any of the 

24 same or similar security measures that are determined ef25 fective under the study. 
52 

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1 SEC. 318. PASSENGER, BAGGAGE, AND CARGO SCREENING. 

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

3 Secretary of Homeland Security, in cooperation with the 

4 Secretary of Transportation through the Assistant Sec5 retary of Homeland Security (Transportation Security Ad6 ministration) and other appropriate agencies, shall— 

7 (1) study the cost and feasibility of requiring 

8 security screening for passengers, baggage, and 

9 cargo on passenger trains including an analysis of 

10 any passenger train screening pilot programs under11 taken by the Department of Homeland Security; and 

12 (2) report the results of the study, together 

13 with any recommendations that the Secretary of 

14 Homeland Security may have for implementing a 

15 rail security screening program to the Senate Com16 mittee on Commerce, Science, and Transportation 

17 and the House of Representatives Committee on 

18 Transportation and Infrastructure within 1 year 

19 after the date of enactment of this Act. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

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

22 49, United States Code, there shall be made available to 

23 the Secretary of Homeland Security to carry out this sec24 tion $1,000,000 for fiscal year 2006. 
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1 SEC. 319. PUBLIC AWARENESS. 

2 Not later than 90 days after the date of enactment 

3 of this Act, the Secretary of Homeland Security, in con4 sultation with the Secretary of Transportation, shall de5 velop a national plan for public outreach and awareness. 

6 Such plan shall be designed to increase awareness of 

7 measures that the general public, railroad passengers, and 

8 railroad employees can take to increase railroad system 

9 security. Such plan shall also provide outreach to railroad 

10 carriers and their employees to improve their awareness 

11 of available technologies, ongoing research and develop12 ment efforts, and available Federal funding sources to im13 prove railroad security. Not later than 9 months after the 

14 date of enactment of this Act, the Secretary of Transpor15 tation shall implement the plan developed under this sec16 tion. 

17 SEC. 320. RAILROAD HIGH HAZARD MATERIAL TRACKING. 

18 (a) WIRELESS COMMUNICATIONS.— 

19 (1) IN GENERAL.—Within 6 months after the 

20 date of enactment of this Act, the Secretary of 

21 Transportation shall develop a program that will en22 courage the equipping of rail cars transporting high 

23 hazard materials (as defined in section 305(g) of 

24 this Act) in quantities equal to or greater than the 

25 quantities specified in subpart 171.800 of title 49, 

26 Code of Federal Regulations, with wireless terres-
54 

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1 trial or satellite communications technology that pro2 vides— 

3 (A) car position location and tracking ca4 pabilities; 

5 (B) notification of rail car depressuriza6 tion, breach, or unsafe temperature; and 

7 (C) notification of hazardous material re8 lease. 

9 (2) COORDINATION.—In developing the pro10 gram required by paragraph (1), the Secretary 

11 shall— 

12 (A) consult with the Secretary of Home13 land Security and the Assistant Secretary of 

14 Homeland Security (Transportation Security 

15 Administration) to coordinate the program with 

16 any ongoing or planned efforts for rail car 

17 tracking at the Department of Homeland Secu18 rity; and 

19 (B) ensure that the program is consistent 

20 with recommendations and findings of the De21 partment of Homeland Security’s hazardous 

22 material tank rail car tracking pilot programs. 

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

24 to section 102 of this Act, there shall be made available 

25 to the Secretary of Homeland Security through the Assist-
55 

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1 ant Secretary of Homeland Security (Transportation Se2 curity Administration) to carry out this section 

3 $3,000,000 for each of fiscal years 2006, 2007, and 2008. 

4 TITLE IV—IMPROVED MOTOR 

5 CARRIER, BUS, AND HAZ6 ARDOUS MATERIAL SECURITY 

7 SEC. 401. BACKGROUND CHECKS FOR DRIVERS HAULING 

8 HAZARDOUS MATERIALS. 

9 (a) FOREIGN DRIVERS.— 

10 (1) IN GENERAL.—No commercial motor vehicle 

11 operator registered to operate in Mexico or Canada 

12 may operate a commercial motor vehicle trans13 porting a hazardous material in commerce in the 

14 United States until the operator has undergone a 

15 background records check similar to the background 

16 records check required for commercial motor vehicle 

17 operators licensed in the United States to transport 

18 hazardous materials in commerce. 

19 (2) DEFINITIONS.—In this subsection: 

20 (A) HAZARDOUS MATERIALS.—The term 

21 ‘‘hazardous material’’ has the meaning given 

22 that term in section 5102(2) of title 49, United 

23 States Code. 

24 (B) COMMERCIAL MOTOR VEHICLE.—The 

25 term ‘‘commercial motor vehicle’’ has the mean-
56 

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1 ing given that term by section 31101 of title 

2 49, United States Code. 

3 (b) OTHER DRIVERS.— 

4 (1) EMPLOYER NOTIFICATION.—Within 90 days 

5 after the date of enactment of this Act, the Assist6 ant Secretary of Homeland Security (Transportation 

7 Security Administration), shall develop and imple8 ment a process for the notification of a hazmat em9 ployer (as defined in section 5102(4) of title 49, 

10 United States Code), if appropriate considering the 

11 potential security implications, designated by an ap12 plicant seeking a threat assessment under part 1572 

13 of title 49, Code of Federal Regulations, if the 

14 Transportation Security Administration, in an initial 

15 notification of threat assessment or a final notifica16 tion of threat assessment, served on the applicant 

17 determines that the applicant does not meet the 

18 standards set forth in section 1572.5(d) of title 49, 

19 Code of Federal Regulations. 

20 (2) RELATIONSHIP TO OTHER BACKGROUND

21 RECORDS CHECKS.— 

22 (A) ELIMINATION OF REDUNDANT

23 CHECKS.—An individual with respect to whom 

24 the Transportation Security Administration— 
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1 (i) has performed a security threat as2 sessment under part 1572 of title 49, Code 

3 of Federal Regulations, and 

4 (ii) has issued a notification of no se5 curity threat under section 1572.5(g) of 

6 that title, 

7 is deemed to have met the requirements of any 

8 other background check that is equivalent to, or 

9 less stringent than, the background check per10 formed under section 5103a of title 49, United 

11 States Code, that is required for purposes of 

12 any Federal law applicable to transportation 

13 workers. 

14 (B) DETERMINATION BY ASSISTANT SEC15 RETARY.—Within 30 days after the date of en16 actment of this Act, the Assistant Secretary of 

17 Homeland Security (Transportation Security 

18 Administration) shall initiate a rulemaking pro19 ceeding, including notice and opportunity for 

20 comment, that sets forth the background checks 

21 and other similar security or threat assessment 

22 requirements applicable to transportation work23 ers under Federal law to which subparagraph 

24 (A) applies. 
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1 (C) FUTURE RULEMAKINGS.—The Assist2 ant Secretary shall make a determination under 

3 the criteria established under subparagraph (B) 

4 with respect to any rulemaking proceeding to 

5 establish or modify required background checks 

6 for transportation workers initiated after the 

7 date of enactment of this Act. 

8 (c) APPEALS PROCESS FOR MORE STRINGENT STATE

9 PROCEDURES.—If a State establishes standards for appli10 cants for a hazardous materials endorsement to a commer11 cial driver’s license that, as determined by the Secretary 

12 of Homeland Security, are more stringent than the stand13 ards set forth in section 1572.5(d) of title 49, Code of 

14 Federal Regulations, then the State shall also provide an 

15 appeals process similar to the process provided under sec16 tion 1572.141 of title 49, Code of Federal Regulations, 

17 by which an applicant denied a hazardous materials en18 dorsement to a commercial driver’s license by that State 

19 may appeal that denial in a manner substantially similar 

20 to, and to the same extent as, an individual who received 

21 an initial notification of threat assessment under part 

22 1572 of that title. 

23 (d) CLARIFICATION OF TERM DEFINED IN REGULA24 TIONS.—The term ‘‘severe transportation security inci25 dent’’, as defined in section 1572.3 of title 49, Code of 
59 

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1 Federal Regulations, does not include a work stoppage or 

2 other nonviolent employee-related action resulting from an 

3 employer-employee dispute. Within 30 days after the date 

4 of enactment of this Act, the Secretary of Homeland Secu5 rity shall modify the definition of that term to reflect the 

6 preceding sentence. 

7 (e) BACKGROUND CHECK CAPACITY.—The Assistant 

8 Secretary of Homeland Security (Transportation Security 

9 Administration) shall transmit a report by October 1, 

10 2005, to the Senate Committee on Commerce, Science, 

11 and Transportation and the House of Representatives 

12 Committee on Homeland Security on the implementation 

13 of fingerprint-based security threat assessments and the 

14 adequacy of fingerprinting locations, personnel, and re15 sources to accomplish the timely processing of fingerprint16 based security threat assessments for individuals holding 

17 commercial driver’s licenses who are applying to renew 

18 hazardous materials endorsements. 

19 SEC. 402. WRITTEN PLANS FOR HAZARDOUS MATERIALS 

20 HIGHWAY ROUTING. 

21 Within 180 days after the date of enactment of this 

22 Act, the Secretary of Transportation shall require each 

23 motor carrier that is required to have a hazardous mate24 rial safety permit under part 385 of title 49, Code of Fed25 eral Regulations, to maintain a written route plan that 
60 

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1 meets the requirements of section 397.101 of that title 

2 when transporting the type and quantity of hazardous ma3 terials described in section 385.403 of that title. 

4 SEC. 403. MOTOR CARRIER HIGH HAZARD MATERIAL 

5 TRACKING. 

6 (a) WIRELESS COMMUNICATIONS.—Within 2 years 

7 after the date of enactment of this Act, the Assistant Sec8 retary of Homeland Security (Transportation Security Ad9 ministration), in consultation with the Secretary of Trans10 portation, shall require, consistent with the recommenda11 tions and finding contained in the report on the Haz12 ardous Material Safety and Security Operation Field Test 

13 released by the Federal Motor Carrier Safety Administra14 tion on November 11, 2004, commercial motor vehicles 

15 transporting high hazard materials (as defined in section 

16 305(g) of this Act) in quantities equal to or greater than 

17 the quantities specified in subpart 171.800 of title 49, 

18 Code of Federal Regulations, to be equipped with wireless 

19 terrestrial or satellite communications technology that 

20 provides— 

21 (1) continuous communications; 

22 (2) vehicle position location and tracking capa23 bilities; and 

24 (3) a feature that allows a driver of such vehi25 cles to broadcast an emergency message. 
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1 (b) EXEMPTIONS.—The Assistant Secretary may 

2 grant a 2-year waiver of this requirement for a motor car3 rier for the commercial motor vehicles it operates if— 

4 (1) adequate technology is not readily available; 

5 (2) available technology is not sufficiently reli6 able; or 

7 (3) the size of a motor carrier or the infre8 quency with which it transports high hazard mate9 rial shipments makes the requirement overly burden10 some. 

11 (c) ASSISTANCE PROGRAM.—The Assistant Secretary 

12 may develop an assistance program to provide technical 

13 guidance and grants to motor carriers who receive waivers 

14 under subsection (b)(3) to expedite compliance with sub15 section (a) of this section. 

16 SEC. 404. TRUCK LEASING SECURITY TRAINING GUIDE17 LINES. 

18 (a) IN GENERAL.—Within 180 days after the date 

19 of enactment of this Act the Assistant Secretary of Home20 land Security (Transportation Security Administration), 

21 in consultation with the Federal Motor Carrier Safety Ad22 ministration, shall develop and make available in written 

23 or electronic form security training guidelines for short24 term truck leasing operations. 
62 

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1 (b) CONTENTS.—The truck leasing security training 

2 guidelines shall— 

3 (1) include information for short-term truck 

4 leasing companies on the appropriate contents of 

5 employee security training efforts designed to enable 

6 employees to recognize terrorist threats and criminal 

7 activity; and 

8 (2) contain a list of best practices developed by 

9 the Assistant Secretary. 

10 (c) OUTREACH.—The Assistant Secretary, through 

11 each Federal maritime and land regional security man12 ager, shall hold public information and outreach sessions 

13 to present the truck leasing security training guidelines 

14 to short-term truck leasing companies. 

15 (d) FUNDING.—Out of funds appropriated pursuant 

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

17 shall be made available to the Assistant Secretary of 

18 Homeland Security (Transportation Security Administra19 tion), to carry out this section $1,000,000 for fiscal year 

20 2006. 

21 SEC. 405. HAZARDOUS MATERIALS SECURITY INSPECTIONS 

22 AND ENFORCEMENT. 

23 (a) IN GENERAL.—The Assistant Secretary of Home24 land Security (Transportation Security Administration) 

25 shall establish a program within the Transportation Secu-
63 

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1 rity Administration, in consultation with the Secretary of 

2 Transportation, for reviewing hazardous materials secu3 rity plans required under part 172, title 49, Code of Fed4 eral Regulations, within 180 days after the date of enact5 ment of this Act. 

6 (b) CIVIL PENALTY.—The failure, by a shipper, car7 rier, or other person subject to part 172 of title 49, Code 

8 of Federal Regulations, to comply with any applicable sec9 tion of that part within 180 days after being notified by 

10 the Assistant Secretary of such failure to comply, is pun11 ishable by a civil penalty imposed by the Assistant Sec12 retary under title 49, United States Code. For purposes 

13 of this subsection, each day of noncompliance after the 

14 181st day following the date on which the pipeline oper15 ator received notice of the failure shall constitute a sepa16 rate failure. 

17 (c) COMPLIANCE REVIEW.—In reviewing the compli18 ance of hazardous materials shippers, carriers, or other 

19 persons subject to part 172 of title 49, Code of Federal 

20 Regulations, with the provisions of that part, the Assistant 

21 Secretary shall utilize risk assessment methodologies to 

22 prioritize vulnerabilities and to target review and enforce23 ment actions to the most vulnerable and critical hazardous 

24 materials transportation operations. 
64 

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1 (d) FUNDING.—Out of funds appropriated pursuant 

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

3 shall be made available to the Assistant Secretary of 

4 Homeland Security (Transportation Security Administra5 tion), to carry out this section— 

6 (1) $2,000,000 for fiscal year 2006; 

7 (2) $2,000,000 for fiscal year 2007; and 

8 (3) $2,000,000 for fiscal year 2008. 

9 SEC. 406. PIPELINE SECURITY AND INCIDENT RECOVERY 

10 PLAN. 

11 (a) IN GENERAL.—The Secretary of Homeland Secu12 rity, in consultation with the Secretary of Transportation 

13 and the Pipeline and Hazardous Materials Safety Admin14 istration, and in accordance with the Memorandum of Un15 derstanding Annex executed under section 408, shall de16 velop a Pipeline Security and Incident Recovery Protocols 

17 Plan. The plan shall include— 

18 (1) a plan for the Federal Government to pro19 vide increased security support to the most critical 

20 interstate and intrastate natural gas and hazardous 

21 liquid transmission pipeline infrastructure and oper22 ations as determined under section 407— 

23 (A) at high or severe security threat levels 

24 of alert; and 
65 

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1 (B) when specific security threat informa2 tion relating to such pipeline infrastructure or 

3 operations exists; and 

4 (2) an incident recovery protocol plan, devel5 oped in conjunction with interstate and intrastate 

6 transmission and distribution pipeline operators and 

7 terminals and facilities operators connected to pipe8 lines, to develop protocols to ensure the continued 

9 transportation of natural gas and hazardous liquids 

10 to essential markets and for essential public health 

11 or national defense uses in the event of an incident 

12 affecting the interstate and intrastate natural gas 

13 and hazardous liquid transmission and distribution 

14 pipeline system, which shall include protocols for 

15 granting access to pipeline operators for pipeline in16 frastructure repair, replacement or bypass following 

17 an incident. 

18 (b) EXISTING PRIVATE AND PUBLIC SECTOR EF19 FORTS.—The plan shall take into account actions taken 

20 or planned by both public and private entities to address 

21 identified pipeline security issues and assess the effective 

22 integration of such actions. 

23 (c) CONSULTATION.—In developing the plan under 

24 subsection (a), the Secretary shall consult with interstate 

25 and intrastate transmission and distribution pipeline oper-
66 

•S 1052 IS 

1 ators, pipeline labor, first responders, shippers of haz2 ardous materials, State Departments of Transportation, 

3 public safety officials, and other relevant parties. 

4 (d) REPORT.— 

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

6 the date of enactment of this Act, the Secretary 

7 shall transmit to the Committee on Commerce, 

8 Science, and Transportation of the Senate, the Com9 mittee on Homeland Security of the House of Rep10 resentatives, and the Committee on Transportation 

11 and Infrastructure of the House of Representatives 

12 a report containing the plan required by subsection 

13 (a), along with an estimate of the cost to implement 

14 any recommendations. 

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

16 report in both classified and redacted formats if the 

17 Secretary determines that such action is appropriate 

18 or necessary. 

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

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

21 shall be made available to the Secretary of Homeland Se22 curity to carry out this section $1,000,000 for fiscal year 

23 2006. 
67 

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1 SEC. 407. PIPELINE SECURITY INSPECTIONS AND EN2 FORCEMENT. 

3 (a) IN GENERAL.—Within 180 days after the date 

4 of enactment of this Act the Assistant Secretary of Home5 land Security (Transportation Security Administration), 

6 in consultation with the Secretary of Transportation, shall 

7 establish a program within the Transportation Security 

8 Administration for reviewing pipeline operator adoption of 

9 recommendations in the September, 5, 2002, Department 

10 of Transportation Research and Special Programs Admin11 istration Pipeline Security Information Circular, including 

12 the review of pipeline security plans and critical facility 

13 inspections, as determined by the Assistant Secretary. 

14 (b) REVIEW AND INSPECTION.—Within 9 months 

15 after the date of enactment of this Act the Assistant Sec16 retary shall complete a review of the pipeline security plan 

17 and an inspection of the critical facilities of the 100 most 

18 critical pipeline operators, as determined by the Assistant 

19 Secretary, covered by the September, 5, 2002, circular. 

20 (c) COMPLIANCE REVIEW METHODOLOGY.—In re21 viewing pipeline operator compliance under subsections (a) 

22 and (b), the Assistant Secretary shall utilize risk assess23 ment methodologies to prioritize vulnerabilities and to tar24 get inspection and enforcement actions to the most vulner25 able and critical pipeline assets. 
68 

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1 (d) REGULATIONS.—Within 1 year after the date of 

2 enactment of this Act, the Assistant Secretary shall issue 

3 security regulations for natural gas and hazardous liquid 

4 pipelines and pipeline facilities. The regulations should in5 corporate the guidance provided to pipeline operators by 

6 the September 5, 2002, Department of Transportation 

7 Research and Special Programs Administration’s Pipeline 

8 Security Information Circular and contain additional re9 quirements as necessary based upon the results of the in10 spections performed under subsection (b). The regulations 

11 shall include the imposition of civil penalties for non-com12 pliance. The Assistant Secretary shall publish a schedule 

13 of those civil penalties. 

14 (e) 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 Assistant Secretary of 

17 Homeland Security (Transportation Security Administra18 tion), to carry out this section— 

19 (1) $2,000,000 for fiscal year 2006; 

20 (2) $2,000,000 for fiscal year 2007; and 

21 (3) $2,000,000 for fiscal year 2008. 

22 SEC. 408. MEMORANDUM OF AGREEMENT. 

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

24 the Secretary of Transportation and the Assistant Sec25 retary of Homeland Security (Transportation Security Ad-
69 

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1 ministration), shall execute and develop an annex to the 

2 memorandum of agreement between the two departments 

3 signed on September 28, 2004, governing the specific 

4 roles, delineations of responsibilities, resources and com5 mitments of the Department of Transportation and the 

6 Department of Homeland Security, respectively, in ad7 dressing pipeline security and hazardous material trans8 portation security matters, including the processes the de9 partments will follow to promote communications, effi10 ciency, and nonduplication of effort. 

11 SEC. 409. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM. 

12 (a) DEVELOPMENT.—The Secretary of Homeland Se13 curity, in conjunction with the Secretary of Transpor14 tation, shall develop a national public sector response sys15 tem to receive security alerts, emergency messages, and 

16 other information generated by various wireless terrestrial 

17 or satellite communications technologies used to track the 

18 transportation of high hazard materials which can provide 

19 accurate, timely, and actionable information to appro20 priate first responder, law enforcement and public safety, 

21 and homeland security officials, as appropriate, regarding 

22 accidents, threats, thefts, or other safety and security 

23 risks or incidents. In developing this system, they shall 

24 consult with law enforcement and public safety officials, 

25 hazardous material shippers, motor carriers, railroads, or-
70 

•S 1052 IS 

1 ganizations representing hazardous material employees, 

2 State transportation and hazardous materials officials, 

3 Operation Respond, and commercial motor vehicle and 

4 hazardous material safety groups. The development of the 

5 national public sector response system shall be based upon 

6 the public sector response center developed for the haz7 ardous material safety and security operational field test 

8 undertaken by the Federal Motor Carrier Safety Adminis9 tration. 

10 (b) CAPABILITY.—The national public sector re11 sponse system shall be able to receive, as appropriate— 

12 (1) negative driver verification alerts; 

13 (2) out-of-route alerts; 

14 (3) driver panic or emergency alerts; and 

15 (4) tampering or release alerts. 

16 (c) CHARACTERISTICS.—The national public sector 

17 response system shall— 

18 (1) be an exception-based system; 

19 (2) be integrated with other private and public 

20 sector operation reporting and response systems and 

21 all Federal homeland security threat analysis sys22 tems or centers (including the National Response 

23 Center); and 

24 (3) provide users the ability to create rules for 

25 alert notification messages. 
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1 (d) CARRIER PARTICIPATION.—Within 180 days 

2 after the national public sector response system is oper3 ational, as determined by the Secretary, each motor car4 rier and railroad transporting high hazard materials, or 

5 entities acting on their behalf who receive such wireless 

6 communication alerts from motor carriers or railroads, 

7 shall provide the information listed in subsection (b) to 

8 the national public sector response system and vehicle or 

9 rail car location information to extent possible with the 

10 wireless communication technology used by the motor car11 rier or railroad. 

12 (e) CALL-IN NUMBER.—The national public sector 

13 response system shall be designed to include an automated 

14 call-in system that allows commercial motor vehicle driv15 ers, railroad employees, and hazardous material employees 

16 involved in the transportation of high hazard materials to 

17 report accidents, threats, thefts, or other safety and secu18 rity risks or incidents to the national public sector re19 sponse system using cellular or other telephone tech20 nology. 

21 (f) DATA PRIVACY.—The national public sector re22 sponse system shall be designed to ensure appropriate pro23 tection of data and information relating to motor carriers 

24 and drivers. 
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1 (g) REPORT.—Not later than 180 days after the date 

2 of enactment of this Act, the Secretary shall transmit to 

3 the Senate Committee on Commerce, Science, and Trans4 portation and the House of Representatives Committee on 

5 Transportation and Infrastructure a report on the esti6 mated total cost to establish and annually operate the na7 tional public sector response system under subsection (a), 

8 together with any recommendations for generating private 

9 sector participation and investment in the development 

10 and operation of the national public sector response sys11 tem. 

12 (h) FUNDING.—Out of funds appropriated pursuant 

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

14 shall be made available to the Secretary of Homeland Se15 curity to carry out this section— 

16 (1) $1,000,000 for fiscal year 2006; 

17 (2) $1,000,000 for fiscal year 2007; and 

18 (3) $1,000,000 for fiscal year 2008. 

19 SEC. 410. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 

20 (a) IN GENERAL.—The Assistant Secretary of Home21 land Security (Transportation Security Administration), 

22 shall establish a program for making grants to private op23 erators of over-the-road buses for system-wide security im24 provements to their operations, including— 
73 

•S 1052 IS 

1 (1) constructing and modifying terminals, ga2 rages, facilities, or over-the-road buses to assure 

3 their security; 

4 (2) protecting or isolating the driver; 

5 (3) acquiring, upgrading, installing, or oper6 ating equipment, software, or accessorial services for 

7 collection, storage, or exchange of passenger and 

8 driver information through ticketing systems or oth9 erwise, and information links with government agen10 cies; 

11 (4) training employees in recognizing and re12 sponding to security threats, evacuation procedures, 

13 passenger screening procedures, and baggage inspec14 tion; 

15 (5) hiring and training security officers; 

16 (6) installing cameras and video surveillance 

17 equipment on over-the-road buses and at terminals, 

18 garages, and over-the-road bus facilities; 

19 (7) creating a program for employee identifica20 tion or background investigation; 

21 (8) establishing and upgrading an emergency 

22 communications system linking operational head23 quarters, over-the-road buses, law enforcement, and 

24 emergency personnel; and 
74 

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1 (9) implementing and operating passenger 

2 screening programs at terminals and on over-the3 road buses. 

4 (b) REIMBURSEMENT.—A grant under this section 

5 may be used to provide reimbursement to private opera6 tors of over-the-road buses for extraordinary security-re7 lated costs for improvements described in paragraphs (1) 

8 through (9) of subsection (a), determined by the Assistant 

9 Secretary to have been incurred by such operators since 

10 September 11, 2001. 

11 (c) FEDERAL SHARE.—The Federal share of the cost 

12 for which any grant is made under this section shall be 

13 90 percent. 

14 (d) DUE CONSIDERATION.—In making grants under 

15 this section, the Assistant Secretary shall give due consid16 eration to private operators of over-the-road buses that 

17 have taken measures to enhance bus transportation secu18 rity from those in effect before September 11, 2001, and 

19 shall prioritize grant funding based on the magnitude and 

20 severity of the security threat to bus passengers and the 

21 ability of the funded project to reduce, or respond to, that 

22 threat. 

23 (e) GRANT REQUIREMENTS.—A grant under this sec24 tion shall be subject to all the terms and conditions that 

25 a grant is subject to under section 3038(f) of the Trans-
75 

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1 portation Equity Act for the 21st Century (49 U.S.C. 

2 5310 note; 112 Stat. 393). 

3 (f) PLAN REQUIREMENT.— 

4 (1) IN GENERAL.—The Assistant Secretary 

5 may not make a grant under this section to a pri6 vate operator of over-the-road buses until the oper7 ator has first submitted to the Assistant Secretary— 

8 (A) a plan for making security improve9 ments described in subsection (a) and the As10 sistant Secretary has approved the plan; and 

11 (B) such additional information as the As12 sistant Secretary may require to ensure ac13 countability for the obligation and expenditure 

14 of amounts made available to the operator 

15 under the grant. 

16 (2) COORDINATION.—To the extent that an ap17 plication for a grant under this section proposes se18 curity improvements within a specific terminal 

19 owned and operated by an entity other than the ap20 plicant, the applicant shall demonstrate to the satis21 faction of the Assistant Secretary that the applicant 

22 has coordinated the security improvements for the 

23 terminal with that entity. 

24 (g) OVER-THE-ROAD BUS DEFINED.—In this sec25 tion, the term ‘‘over-the-road bus’’ means a bus character-
76 

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1 ized by an elevated passenger deck located over a baggage 

2 compartment. 

3 (h) BUS SECURITY ASSESSMENT.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this Act, the Assist6 ant Secretary of Homeland Security (Transportation 

7 Security Administration), shall transmit to the Com8 mittee on Commerce, Science, and Transportation of 

9 the Senate, the Committee on Transportation and 

10 Infrastructure of the House of Representatives, a 

11 preliminary report in accordance with the require12 ments of this section. 

13 (2) CONTENTS OF PRELIMINARY REPORT.—The 

14 preliminary report shall include— 

15 (A) an assessment of the over-the-road bus 

16 security grant program; 

17 (B) an assessment of actions already taken 

18 to address identified security issues by both 

19 public and private entities and recommenda20 tions on whether additional safety and security 

21 enforcement actions are needed; 

22 (C) an assessment of whether additional 

23 legislation is needed to provide for the security 

24 of Americans traveling on over-the-road buses; 
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1 (D) an assessment of the economic impact 

2 that security upgrades of buses and bus facili3 ties may have on the over-the-road bus trans4 portation industry and its employees; 

5 (E) an assessment of ongoing research and 

6 the need for additional research on over-the7 road bus security, including engine shut-off 

8 mechanisms, chemical and biological weapon de9 tection technology, and the feasibility of 

10 compartmentalization of the driver; and 

11 (F) an assessment of industry best prac12 tices to enhance security. 

13 (3) CONSULTATION WITH INDUSTRY, LABOR, 

14 AND OTHER GROUPS.—In carrying out this section, 

15 the Assistant Secretary shall consult with over-the16 road bus management and labor representatives, 

17 public safety and law enforcement officials, and the 

18 National Academy of Sciences. 

19 (i) FUNDING.—Out of funds appropriated pursuant 

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

21 shall be made available to the Assistant Secretary of 

22 Homeland Security (Transportation Security Administra23 tion), to carry out this section— 

24 (1) $50,000,000 for fiscal year 2006; 

25 (2) $50,000,000 for fiscal year 2007; and 
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1 (3) $50,000,000 for fiscal year 2008. 

2 Amounts made available pursuant to this subsection shall 

3 remain available until expended. 

4 TITLE V—IMPROVED MARITIME 

5 SECURITY 

6 SEC. 501. ESTABLISHMENT OF ADDITIONAL JOINT OPER7 ATIONAL CENTERS FOR PORT SECURITY. 

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

9 cooperation, unity of command, and the sharing of intel10 ligence information in a common mission to provide great11 er protection for port and intermodal transportation sys12 tems against acts of terrorism, the Secretary of Homeland 

13 Security, acting through the Commandant of the Coast 

14 Guard, shall establish joint operational centers for port se15 curity at all Tier 1 ports to the extent practicable within 

16 2 years ater the date of enactment of this Act. 

17 (b) CHARACTERISTICS.—The joint operational cen18 ters shall— 

19 (1) be based on the most appropriate 

20 compositional and operational characteristics of the 

21 pilot project joint operational centers for port secu22 rity in Miami, Florida, Norfolk/Hampton Roads, 

23 Virginia, Charleston, South Carolina, and San 

24 Diego, California; 
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1 (2) be adapted to meet the security needs, re2 quirements, and resources of the individual port area 

3 at which each is operating; 

4 (3) provide for participation by the United 

5 States Customs and Border Protection Agency, the 

6 Transportation Security Administration, the Depart7 ment of Defense, and other Federal agencies, as de8 termined to be appropriate by the Secretary of 

9 Homeland Security, and State and local law enforce10 ment or port security agencies and personnel; and 

11 (4) be incorporated in the implementation of— 

12 (A) maritime transportation security plans 

13 developed under section 70103 of title 46, 

14 United States Code; 

15 (B) maritime intelligence activities under 

16 section 70113 of that title; 

17 (C) short and long range vessel tracking 

18 under sections 70114 and 70115 of that title; 

19 (D) secure transportation systems under 

20 section 70116 of that title; 

21 (E) the Bureau of Customs and Border 

22 Protection’s screening and high-risk cargo in23 spection programs; and 
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1 (F) the transportation security incident re2 sponse plans required by section 70104 of that 

3 title. 

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

5 this section relieves the Commandant of the Coast Guard 

6 from compliance with the requirements of section 807 of 

7 the Coast Guard and Maritime Transportation Act of 

8 2004. The Commandant shall utilize the information de9 veloped in making the report required by that section in 

10 carrying out the requirements of this section. 

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

12 180 days after the date of enactment of this Act, the Sec13 retary shall transmit to the Senate Committee on Com14 merce, Science, and Transportation and the House of Rep15 resentatives Committee on Transportation and Infrastruc16 ture a proposed budget analysis for implementing sub17 section (a), including cost-sharing arrangements with 

18 other Federal departments and agencies involved in the 

19 joint operation of the centers. 

20 SEC. 502. AMTS PLAN TO INCLUDE SALVAGE RESPONSE 

21 PLAN. 

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

23 is amended— 

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

25 subparagraph (E); 
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1 (2) by redesignating subparagraph (F) as sub2 paragraph (G); and 

3 (3) by inserting after subparagraph (E) the fol4 lowing: 

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

6 ‘‘(i) to identify salvage equipment ca7 pable of restoring operational trade capac8 ity; and 

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

10 through United States ports is re-estab11 lished as efficiently and quickly as possible 

12 after a transportation security incident.’’. 

13 SEC. 503. PRIORITY TO CERTAIN VESSELS IN POST-INCI14 DENT RESUMPTION OF TRADE. 

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

16 Code, is amended by inserting after ‘‘incident.’’ the fol17 lowing: ‘‘The plan shall provide, to the extent practicable, 

18 preference in the reestablishment of the flow of cargo 

19 through United States ports after a transportation secu20 rity incident to— 

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

22 approved under subsection (c); and 

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

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

25 have undergone a background records check 
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1 under section 70105(d) or who hold transpor2 tation security cards issued under section 

3 70105.’’. 

4 SEC. 504. ASSISTANCE FOR FOREIGN PORTS. 

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

6 States Code, is amended— 

7 (1) by adding at the end the following: 

8 ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.— 

9 ‘‘(1) IN GENERAL.—The Administrator of the 

10 Maritime Administration, in coordination with the 

11 Secretary of State and the Secretary of Energy, 

12 shall identify foreign assistance programs that could 

13 facilitate implementation of port security 

14 antiterrorism measures in foreign countries. The Ad15 ministrator and the Secretary shall establish a pro16 gram to utilize those programs that are capable of 

17 implementing port security antiterrorism measures 

18 at ports in foreign countries that the Secretary 

19 finds, under section 70108, to lack effective 

20 antiterrorism measures. 

21 ‘‘(2) CARIBBEAN BASIN.—The Administrator, 

22 in coordination with the Secretary of State and in 

23 consultation with the Organization of American 

24 States, shall place particular emphasis on utilizing 

25 programs to facilitate the implementation of port se-
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1 curity antiterrorism measures at the ports located in 

2 the Caribbean Basin, as such ports pose unique se3 curity and safety threats to the United States due 

4 to— 

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

6 between South America and United States; 

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

8 and 

9 ‘‘(C) the significant number of shipments 

10 of narcotics to the United States that are 

11 moved through such ports.’’. 

12 (b) REPORT ON SECURITY AT PORTS IN THE CARIB13 BEAN BASIN.—Not later than 60 days after the date of 

14 enactment of this Act, the Secretary of Homeland Security 

15 shall submit to the Committee on Commerce, Science, and 

16 Transportation of the Senate and Committee on Trans17 portation and Infrastructure of the House of Representa18 tives a report on the security of ports in the Caribbean 

19 Basin. The report shall include the following: 

20 (1) An assessment of the effectiveness of the 

21 measures employed to improve security at ports in 

22 the Caribbean Basin and recommendations for any 

23 additional measures to improve such security. 

24 (2) An estimate of the number of ports in the 

25 Caribbean Basin that will not be secured by January 
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1 1, 2006, and an estimate of the financial impact in 

2 the United States of any action taken pursuant to 

3 section 70110 of title 46, United States Code, that 

4 affects trade between such ports and the United 

5 States. 

6 (3) An assessment of the additional resources 

7 and program changes that are necessary to maxi8 mize security at ports in the Caribbean Basin. 

9 SEC. 505. IMPROVED DATA USED FOR TARGETED CARGO 

10 SEARCHES. 

11 (a) IN GENERAL.—In order to provide the best pos12 sible data for the automated target system that identifies 

13 high-risk cargo for inspection, the Secretary of Homeland 

14 Security shall require importers shipping goods to the 

15 United State via cargo container to supply entry data 

16 under the advance notification requirements under section 

17 4.7 of the Customs Regulations (19 C.F.R. 4.7). 

18 (b) DEADLINE.—The requirement imposed under 

19 subsection (a) shall apply to goods entered after December 

20 31, 2006. 

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

22 are authorized to be appropriated to the Secretary of 

23 Homeland Security $5,000,000 for each of fiscal years 

24 2006, 2007, and 2008 to carry out the automated tar25 geting system program to identify high-risk oceanborne 
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1 container cargo for inspection. The amounts authorized by 

2 this subsection shall be in addition to any other amounts 

3 authorized to be appropriated to carry out that program. 

4 (d) EVALUATION BY COMPTROLLER GENERAL.— 

5 (1) IN GENERAL.—The Comptroller General 

6 shall evaluate action taken by the Department of 

7 Homeland Security to address the deficiencies in its 

8 automated targeting system strategy identified in 

9 the Government Accountability Office’s report enti10 tled ‘‘Homeland Security Challenges Remain in the 

11 Targeting of Oceangoing Cargo Containers for In12 spection’’ (GAO-04-352NI). In making the evalua13 tion, the Comptroller General shall assess whether 

14 all key elements of a risk management framework 

15 and recognized modeling practices have been incor16 porated in the Department’s strategy, including— 

17 (A) threat, criticality, vulnerability, and 

18 risk assessments; 

19 (B) external peer review of the automated 

20 targeting system; 

21 (C) a mandatory random sampling pro22 gram; 

23 (D) simulated events to test the targeting 

24 strategy; and 
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1 (E) effectiveness reviews of risk mitigation 

2 actions. 

3 (2) REPORT.—The Comptroller General shall 

4 transmit a report to the Senate Committee on Com5 merce, Science, and Transportation and the House 

6 of Representatives Committee on Transportation 

7 and Infrastructure within 1 year after the date of 

8 enactment of this Act containing the results of the 

9 evaluation, together with any recommendations the 

10 Comptroller General deems appropriate. 

11 SEC. 506. INCREASE IN NUMBER OF CUSTOMS INSPECTORS 

12 ASSIGNED OVERSEAS. 

13 (a) IN GENERAL.—The Secretary of Homeland Secu14 rity shall substantially increase the number of United 

15 States Customs Service inspectors assigned to duty out16 side the United States under the Container Security Ini17 tiative of the United States Customs Service with respon18 sibility for inspecting intermodal shipping containers being 

19 shipped to the United States. 

20 (b) STAFFING CRITERIA.—In carrying out subsection 

21 (a) the Secretary of Homeland Security shall determine 

22 the appropriate level for assignment and density of cus23 toms inspectors at selected international port facilities by 

24 a threat, vulnerability, and risk analysis which, at a min25 imum, considers— 
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1 (1) the volume of containers shipped; 

2 (2) the ability of the host government to assist 

3 in both manning and providing equipment and re4 sources; 

5 (3) terrorist intelligence known of importer ven6 dors, suppliers or manufactures; and 

7 (4) other criteria as determined in consult with 

8 experts in the shipping industry, terrorism, and 

9 shipping container security. 

10 (c) MINIMUM NUMBER.—The total number of cus11 toms inspectors assigned to international port facilities 

12 shall not be less than the number determined as a result 

13 of the threat, vulnerability, and risk assessment analysis 

14 which is validated by the Administrator of the Transpor15 tation Security Administration within 180 days after the 

16 date of enactment of this Act. 

17 (d) PLAN.—The Secretary shall submit a plan to the 

18 Senate Committee on Commerce, Science, and Transpor19 tation and the House of Representatives Committee on 

20 Transportation and Infrastructure, with timelines, for 

21 phasing inspectors into selected port facilities within 180 

22 days after the enactment of this Act. 

23 SEC. 507. RANDOM INSPECTION OF CONTAINERS. 

24 (a) IN GENERAL.—The Under Secretary of Home25 land Security for Border and Transportation Security 
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1 shall develop and implement a plan for random inspection 

2 of shipping containers in addition to any targeted or pre3 shipment inspection of such containers required by law or 

4 regulation or conducted under any other program con5 ducted by the Under Secretary. 

6 (b) CIVIL PENALTY FOR ERRONEOUS MANIFEST.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (2), if the Under Secretary determines on the 

9 basis of an inspection conducted under subsection 

10 (a) that there is a discrepancy between the contents 

11 of a shipping container and the manifest for that 

12 container, the Under Secretary may impose a civil 

13 penalty. 

14 (2) MANIFEST DISCREPANCY REPORTING.—The 

15 Under Secretary may not impose a civil penalty 

16 under paragraph (1) if a manifest discrepancy re17 port is filed with respect to the discrepancy within 

18 the time limits established by Customs Directive No. 

19 3240–067A (or any subsequently issued directive 

20 governing the matters therein) for filing a manifest 

21 discrepancy report. 

22 SEC. 508. CARGO SECURITY. 

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

24 States Code, is amended— 
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1 (1) by redesignating the second section 70118 

2 (relating to firearms, arrests, and seizure of prop3 erty), as added by section 801(a) of the Coast Guard 

4 and Maritime Transportation Act of 2004, as sec5 tion 70119; 

6 (2) by redesignating the first section 70119 (re7 lating to enforcement by State and local officers), as 

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

9 Maritime Transportation Act of 2004, as section 

10 70120; 

11 (3) by redesignating the second section 70119 

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

13 802(a)(1) of the Coast Guard and Maritime Trans14 portation Act of 2004, as section 70122; and 

15 (4) by inserting after section 70120 the fol16 lowing: 

17 ‘‘§ 70121. Container security initiative 

18 ‘‘(a) IN GENERAL.—Pursuant to the standards estab19 lished under subsection (b)(1) of section 70116— 

20 ‘‘(1) the Secretary of Homeland Security shall 

21 promulgate standards and procedures for— 

22 ‘‘(A) the inspection of cargo in a foreign 

23 port intended for shipment to the United States 

24 by physical examination or nonintrusive exam25 ination by technological means; and 
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1 ‘‘(B) evaluating and screening cargo prior 

2 to loading in a foreign port for shipment to the 

3 United States, either directly or via a foreign 

4 port; and 

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

6 Protection shall— 

7 ‘‘(A) execute inspection and screening pro8 tocols with authorities in foreign ports to en9 sure that the standards and procedures promul10 gated under paragraph (1) are implemented in 

11 an effective manner; and 

12 ‘‘(B) in consultation with the Transpor13 tation Security Oversight Board, develop and 

14 maintain an antiterrorism cargo identification, 

15 tracking, and screening system for container16 ized cargo shipped to and from the United 

17 States, either directly or via a foreign port. 

18 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to the Secretary of 

20 Homeland Security such sums as may be necessary to 

21 carry out this section.’’. 

22 (b) CONFORMING AMENDMENTS.— 

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

24 46, United States Code, is amended by striking the 
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1 items following the item relating to section 70116 

2 and inserting the following: 

‘‘70117. In rem liability for civil penalties and certain costs 

‘‘70118. Withholding of clearance 

‘‘70119. Firearms, arrests, and seizure of property 

‘‘70120. Enforcement by State and local officers 

‘‘70121. Container security initiative 

‘‘70122. Civil penalty’’. 

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

4 Code, as redesignated by subsection (a)(3) of this 

5 section, is amended by striking ‘‘section 70120’’ and 

6 inserting ‘‘section 70122’’. 

7 (3) Section 70118(a) of such title is amended 

8 by striking ‘‘under section 70120,’’ and inserting 

9 ‘‘under that section,’’. 

10 (4) Section 111 of the Maritime Transportation 

11 Security Act of 2002 is repealed. 

12 SEC. 509. SECURE SYSTEMS OF INTERNATIONAL INTER13 MODAL TRANSPORTATION. 

14 (a) IN GENERAL.—Section 70116(a) of title 46, 

15 United States Code, is amended— 

16 (1) by striking ‘‘transportation.’’ and inserting 

17 ‘‘transportation— 

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

19 shipments of goods to the United States from the 

20 point at which such goods are initially packed or 

21 loaded for international shipment until they reach 

22 their ultimate destination; and 
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1 ‘‘(2) to facilitate the movement of such goods 

2 through the entire supply chain through an expe3 dited security and clearance program.’’. 

4 (b) PROGRAM ENHANCEMENTS.—Section 70116(b) 

5 of title 46, United States Code, is amended to read as 

6 follows: 

7 ‘‘(b) PROGRAM ELEMENTS.—In establishing and con8 ducting the program under subsection (a) the Assistant 

9 Secretary shall— 

10 ‘‘(1) establish standards and procedures for 

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

12 a cargo container for shipping, that the container is 

13 free of unauthorized hazardous chemical, biological, 

14 or nuclear material and for securely sealing such 

15 containers after the contents are so verified; 

16 ‘‘(2) establish standards and procedures for se17 curing cargo and monitoring that security while in 

18 transit from the point at which it is loaded to the 

19 point at which it is finally unloaded; 

20 ‘‘(3) develop performance standards to enhance 

21 the physical security of shipping containers, includ22 ing performance standards for seals and locks as 

23 part of the container security initiative; 
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1 ‘‘(4) establish standards and procedures for allow2 ing the United States Government to ensure and 

3 validate compliance with this program; and 

4 ‘‘(5) incorporate any other measures the Assistant 

5 Secretary considers necessary to ensure the security 

6 and integrity of international intermodal transport 

7 movements.’’. 

8 (c) PORT SECURITY USER FEE STUDY.—The Sec9 retary of Homeland Security shall conduct a study of the 

10 feasibility and desirability of establishing a system of 

11 oceanborne and port-related intermodal transportation 

12 user fees that could be imposed and collected as a dedi13 cated revenue source, on a temporary or continuing basis, 

14 to provide necessary funding for the improvement and 

15 maintenance of enhanced port security. The Assistant Sec16 retary shall submit a report containing the Assistant Sec17 retary’s findings, conclusions, and recommendations (in18 cluding legislative recommendations if appropriate) to the 

19 Senate Committee on Commerce, Science, and Transpor20 tation and the House of Representatives Committee on 

21 Transportation and Infrastructure within 1 year after 

22 date of enactment of this Act. 
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1 SEC. 510. TECHNOLOGY FOR MARITIME TRANSPORTATION 

2 SECURITY. 

3 (a) MINIMUM TECHNOLOGY IMPLEMENTATION AU4 THORIZATION.—Section 70107(i)(2)(B) of title 46, United 

5 States Code, is amended by inserting ‘‘not less than’’ after 

6 ‘‘Secretary’’. 

7 (b) SET-ASIDES FOR RESEARCH AND DEVELOP8 MENT.—Notwithstanding any provision of law to the con9 trary, in the administration of the Department of Home10 land Security, the Secretary of Homeland Security shall 

11 ensure that, for each fiscal year beginning after the date 

12 of enactment of this Act, not less than— 

13 (1) 8 percent of the amounts appropriated to 

14 the Transportation Security Administration and the 

15 Directorate of Science and Technology for research 

16 and development for the fiscal year are obligated or 

17 expended for maritime security related projects or 

18 programs; and 

19 (2) 2 percent of such amounts are obligated or 

20 expended for rail security related projects or pro21 grams. 

22 (c) STRATEGIC PLAN.— 

23 (1) IN GENERAL.—Within 90 days after the 

24 date of enactment of this Act, the Secretary of 

25 Homeland Security shall promulgate a strategic plan 

26 for transportation research and development. The 
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1 Secretary shall update the plan no less frequently 

2 than every 2 years thereafter. 

3 (2) CONTENTS.—In the strategic plan, the Sec4 retary shall— 

5 (A) ensure that the research needs for se6 curity of all modes of transportation, including 

7 aviation, maritime, rail, pipeline, and transit se8 curity, are addressed; 

9 (B) identify goals and include measurable 

10 objectives; 

11 (C) include an adequate amount of basic 

12 research; 

13 (D) define the research and development 

14 roles of the Transportation Security Adminis15 tration and the Directorate of Science and 

16 Technology, respectively, to ensure that— 

17 (i) they are aligned; 

18 (ii) the efficient use of research funds 

19 is maximized; and 

20 (iii) duplication of projects is pre21 vented or minimized; 

22 (E) coordinate transportation research and 

23 development under the plan with the transpor24 tation research and development activities of 

25 other Federal agencies, including the Depart-
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1 ment of Transportation and the National Aero2 nautics and Space Administration; and 

3 (F) base the plan on vulnerability and 

4 criticality assessments. 

5 (3) ANNUAL EVALUATION.—The Homeland Se6 curity Science and Technology Advisory Committee 

7 shall evaluate the plan by October 15th each year, 

8 measure progress under the plan against the goals 

9 set forth in the plan, and recommend changes to the 

10 transportation security research program under the 

11 plan. 

12 (4) ANNUAL REPORT TO CONGRESS.—The Sec13 retary shall transmit a copy of the strategic plan, 

14 and any revisions of that plan, and a copy of the an15 nual evaluations and recommendations made by the 

16 Advisory Committee to the Congress. 

17 (d) NIST TRANSPORTATION SECURITY PROGRAM.— 

18 The Secretary of Homeland Security may transfer up to 

19 $15,000,000 each fiscal year to the National Institute of 

20 Science and Technology to be obligated or expended for 

21 a focused program in transportation security under sec22 tion 28 of the National Institute of Science and Tech23 nology Act (15 U.S.C. 278n). 
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1 (e) SECURE WORKFORCE INITIATIVE.—Section 

2 70107 of title 46, United States Code, is amended by add3 ing at the end the following: 

4 ‘‘(j) SECURE WORKFORCE INITIATIVE.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall develop 

6 a program in conjunction with technical and commu7 nity colleges to train port security workforces. The 

8 program shall focus on teaching port workers to uti9 lize new technologies and processes to improve port 

10 security through the use of screening technologies, 

11 information technologies, detection devices, incident 

12 response training, and other advanced technologies. 

13 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

14 There are authorized to be appropriated to the Sec15 retary of Homeland Security $15,000,000 for each 

16 of fiscal years 2005 through 2009 to carry out the 

17 program developed under paragraph (1).’’. 

18 (f) ESTABLISHMENT OF COMPETITIVE RESEARCH

19 PROGRAM.— 

20 (1) IN GENERAL.—Title III of the Homeland 

21 Security Act of 2002 (6 U.S.C. 181 et seq.) is 

22 amended by adding at the end the following: 

23 ‘‘SEC. 314. COMPETITIVE RESEARCH PROGRAM. 

24 ‘‘(a) IN GENERAL.— 
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1 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

2 through the Under Secretary for Science and Tech3 nology, shall establish a competitive research pro4 gram within the Directorate. 

5 ‘‘(2) DIRECTOR.—The program shall be headed 

6 by a Director, who shall be appointed by the Sec7 retary. The Director shall report to the Under Sec8 retary. 

9 ‘‘(3) DUTIES OF DIRECTOR.—In the adminis10 tration of the program, the Director shall— 

11 ‘‘(A) establish a cofunding mechanism for 

12 States with academic facilities that have not 

13 fully developed security-related science and 

14 technology to support burgeoning research ef15 forts by the faculty or link them to established 

16 investigators; 

17 ‘‘(B) provide for conferences, workshops, 

18 outreach, and technical assistance to research19 ers and institutions of higher education in 

20 States on topics related to developing science 

21 and technology expertise in areas of high inter22 est and relevance to the Department; 

23 ‘‘(C) monitor the efforts of States to de24 velop programs that support the Department’s 

25 mission; 
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1 ‘‘(D) implement a merit review program, 

2 consistent with program objectives, to ensure 

3 the quality of research conducted with Program 

4 funding; and 

5 ‘‘(E) provide annual reports on the 

6 progress and achievements of the Program to 

7 the Secretary. 

8 ‘‘(b) ASSISTANCE UNDER THE PROGRAM.— 

9 ‘‘(1) SCOPE.—The Director shall provide assist10 ance under the program for research and develop11 ment projects that are related to, or qualify as, 

12 homeland security research (as defined in section 

13 307(a)(2)) under the program. 

14 ‘‘(2) FORM OF ASSISTANCE.—Assistance under 

15 the program can take the form of grants, contracts, 

16 or cooperative arrangements. 

17 ‘‘(3) APPLICATIONS.—Applicants shall submit 

18 proposals or applications in such form, at such 

19 times, and containing such information as the Direc20 tor may require. 

21 ‘‘(c) IMPLEMENTATION.— 

22 ‘‘(1) START-UP PHASES.—For the first 3 fiscal 

23 years beginning after the date of enactment of the 

24 Border Infrastructure and Technology Integration 

25 Act of 2004, assistance under the program shall be 
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1 limited to institutions of higher education located in 

2 States in which an institution of higher education 

3 with a grant from, or a contract or cooperative 

4 agreement with, the National Science Foundation 

5 under section 113 of the National Science Founda6 tion Act of 1988 (42 U.S.C. 1862) is located. 

7 ‘‘(2) SUBSEQUENT FISCAL YEARS.— 

8 ‘‘(A) IN GENERAL.—Beginning with the 

9 4th fiscal year after the date of enactment of 

10 this Act, the Director shall rank order the 

11 States (excluding any noncontiguous State (as 

12 defined in section 2(14)) other than Alaska, 

13 Hawaii, the Commonwealth of Puerto Rico, and 

14 the Virgin Islands) in descending order in terms 

15 of the average amount of funds received by in16 stitutions of higher education (as that term is 

17 defined in section 101(a) of the Higher Edu18 cation Act of 1965 (20 U.S.C. 1001(a)) in each 

19 State that received financial assistance in the 

20 form of grants, contracts, or cooperative ar21 rangements under this title during each of the 

22 preceding 3 fiscal years. 

23 ‘‘(B) ALLOCATION.—Beginning with the 

24 4th fiscal year after the date of enactment of 

25 this Act, assistance under the program for any 
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1 fiscal year is limited to institutions of higher 

2 education located in States in the lowest third 

3 of those ranked under subparagraph (A) for 

4 that fiscal year. 

5 ‘‘(C) DETERMINATION OF LOCATION.—For 

6 purposes of this paragraph, an institution of 

7 higher education shall be considered to be lo8 cated in the State in which its home campus is 

9 located, except that assistance provided under 

10 the program to a division, institute, or other fa11 cility located in another State for use in that 

12 State shall be considered to have been provided 

13 to an institution of higher education located in 

14 that other State. 

15 ‘‘(D) MULTIYEAR ASSISTANCE.—For pur16 poses of this paragraph, assistance under the 

17 program that is provided on a multi-year basis 

18 shall be counted as provided in each such year 

19 in the amount so provided for that year. 

20 ‘‘(d) FUNDING.—The Secretary shall ensure that no 

21 less than 5 percent of the amount appropriated for each 

22 fiscal year to the Acceleration Fund for Research and De23 velopment of Homeland Security Technologies established 

24 by section 307(c)(1) is allocated to the program estab25 lished by subsection (a).’’. 
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1 (2) CONFORMING AMENDMENT.—The table of 

2 contents of the Homeland Security Act of 2002 is 

3 amended by inserting after the item relating to sec4 tion 313 the following: 

‘‘Sec. 314. Competitive research program.’’. 

5 SEC. 511. DEADLINE FOR TRANSPORTATION SECURITY 

6 CARDS. 

7 The Secretary shall issue a final rule under section 

8 70105 of title 46, United States Code, no later than Janu9 ary 1, 2006. 

10 SEC. 512. EVALUATION AND REPORT. 

11 Within 90 days after the date of enactment of this 

12 Act the Secretary of Homeland Security shall transmit a 

13 report to the Senate Committee on Commerce, Science, 

14 and Transportation and the House of Representatives 

15 Committee on Transportation and Infrastructure con16 taining— 

17 (1) an evaluation of the Operation Safe Com18 merce program and the Customs-Trade Partnership 

19 Against Terrorism program; 

20 (2) a report on the establishment and imple21 mentation of performance standards for oceanborne 

22 and intermodal cargo seals and locks under section 

23 70116(b) of title 46, United States Code; 
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1 (3) a report on progress made and current 

2 operational practices for monitoring oceanborne 

3 cargo through the entire supply chain; 

4 (4) recommendations as to how the practices, 

5 programs, and procedures can be further integrated 

6 into a wider screening network for oceanborne cargo 

7 that can be applied on an international basis; 

8 (5) recommendations as to how inspection and 

9 screening procedures developed for oceanborne cargo 

10 might be adapted for application to the shipment of 

11 domestically-produced cargo within the United 

12 States; 

13 (6) a status report on progress in preparing the 

14 plan for implementing secure systems of transpor15 tation required by section 809(c) of the Coast Guard 

16 and Maritime Transportation Act of 2004 (Pub. L. 

17 108–293; 118 Stat. 1086); 

18 (7) a report on the security of noncontainerized 

19 cargo including roll-on roll-off cargo, break bulk 

20 cargo, and liquid and dry bulk cargo; and 

21 (8) a report on whether the increased use of 

22 waterborne transportation in the domestic movement 

23 of hazardous materials would be an effective and ef24 ficient means to enhance the safety of hazardous 

25 material shipments. 
104 

•S 1052 IS 

1 SEC. 513. PORT SECURITY GRANTS. 

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

3 46, United States Code, is amended by striking ‘‘for mak4 ing a fair and equitable allocation of funds’’ and inserting 

5 ‘‘based on risk and vulnerability’’. 

6 (b) LETTERS OF INTENT.—Section 70107(e) of title 

7 46, United States Code, is amended by adding at the end 

8 the following: 

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

10 execute letters of intent to commit funding to port 

11 sponsors from the Fund.’’. 

12 SEC. 514. WORK STOPPAGES AND EMPLOYEE-EMPLOYER 

13 DISPUTES. 

14 Section 70101(6) is amended by inserting after 

15 ‘‘area.’’ the following: ‘‘In this paragraph, the term ‘eco16 nomic disruption’ does not include a work stoppage or 

17 other nonviolent employee-related action resulting from an 

18 employee-employer dispute.’’. 

19 SEC. 515. APPEAL OF DENIAL OF WAIVER FOR TRANSPOR20 TATION SECURITY CARD. 

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

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

23 (2)’’ after ‘‘card’’. 

Æ