II 

Calendar No. 364 

109TH CONGRESS 

2D SESSION S. 1052 

[Report No. 109–216] 

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, Mr. SCHUMER, and Mr. CARPER) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

FEBRUARY 27, 2006 

Reported by Mr. STEVENS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


CCOLEMAN on PROD1PC71 with BILLS
2 

•S 1052 RS 

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

2 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. 

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. 


CCOLEMAN on PROD1PC71 with BILLS
3 

•S 1052 RS 

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. 

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— 


CCOLEMAN on PROD1PC71 with BILLS
4 

•S 1052 RS 

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

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

3 and 

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

5 ‘‘(3) for Intelligence— 

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

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

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

9 ‘‘(4) for Research and Development— 

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

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

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

13 ‘‘(5) for Administration— 

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

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

16 and 

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

18 SEC. 102. DEPARTMENT OF TRANSPORTATION AUTHORIZA19 TION. 

20 There are authorized to be appropriated to the Sec21 retary of Transportation to carry out title III of this Act 

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

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

24 (1) $261,000,000 for fiscal year 2006; 

25 (2) $258,000,000 for fiscal year 2007; and 


CCOLEMAN on PROD1PC71 with BILLS
5 

•S 1052 RS 

1 (3) $258,000,000 for fiscal year 2008. 

2 SEC. 103. CERTAIN PERSONNEL LIMITATIONS NOT TO 

3 APPLY. 

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

5 number of employees in the Transportation Security Ad6 ministration of the Department of Transportation, before 

7 or after its transfer to the Department of Homeland Secu8 rity, does not apply to the extent that any such employees 

9 are responsible for implementing the provisions of this 

10 Act. 

11 (b) AVIATION SECURITY.—Nothwithstanding any 

12 provision of law imposing a limitation on the recruiting 

13 or hiring of personnel into the Transportation Security 

14 Administration to a maximum number of permanent posi15 tions, the Secretary of Homeland Security shall recruit 

16 and hire such personnel into the Administration as may 

17 be necessary— 

18 (1) to provide appropriate levels of aviation se19 curity; and 

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

21 that the average aviation security-related delay expe22 rienced by airline passengers is reduced. 

23 SEC. 104. INTERMODAL REGIONAL SECURITY MANAGERS. 

24 (a) ESTABLISHMENT, DESIGNATION, AND STA25 TIONING.—The Under Secretary of Homeland Security for 


CCOLEMAN on PROD1PC71 with BILLS
6 

•S 1052 RS 

1 Border and Transportation Security, acting through the 

2 Transportation Security Administration, is authorized to 

3 establish the position of Intermodal Manager within each 

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

5 a geographical basis. The Under Secretary shall designate 

6 individuals as Managers for, and station those Managers 

7 within, those regions. 

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

9 shall— 

10 (1) receive intelligence information related to 

11 maritime and land security within the region; 

12 (2) assist in the development and implementa13 tion of vulnerability, threat, and risk assessments, 

14 security plans, the identification of critical infra15 structure for the region undertaken by the Trans16 portation Security Administration and the Depart17 ment of Homeland Security, or other public or pri18 vate entity when appropriate; 

19 (3) serve as the regional coordinator of the As20 sistant Secretary’s response to terrorist incidents 

21 and threats to maritime and land assets, operations 

22 and infrastructure within the region; 

23 (4) coordinate efforts related to maritime and 

24 land security with other Department officials, State 


CCOLEMAN on PROD1PC71 with BILLS
7 

•S 1052 RS 

1 and local law enforcement, and other public and pri2 vate entities; 

3 (5) coordinate with other regional managers; 

4 (6) assist the Assistant Secretary in prioritizing 

5 maritime and land security improvements, grants, 

6 and other efforts funded by the Transportation Se7 curity Administration or the Department of Home8 land Security within the region; and 

9 (7) engage in outreach and promote public 

10 awareness of maritime and land security efforts 

11 when appropriate. 

12 SEC. 105. SECURITY THREAT ASSESSMENT COORDINATION 

13 POLICY. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity shall transmit to the Senate Committee on Commerce, 

16 Science, and Transportation and the House of Represent17 atives Committee on Transportation and Infrastructure a 

18 copy of the report on comprehensive terrorist-related 

19 screening procedures required by Homeland Security 

20 Presidential Directive 11 issued on August 27, 2004. 

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

22 in both classified and redacted formats if the Secretary 

23 determines that such action is appropriate or necessary. 


CCOLEMAN on PROD1PC71 with BILLS
8 

•S 1052 RS 

1 SEC. 106. REORGANIZATIONS. 

2 The Secretary of Homeland Security shall notify the 

3 Senate Committee on Commerce, Science, and Transpor4 tation, the Senate Committee on Homeland Security and 

5 Governmental Affairs, and the House of Representatives 

6 Committee on Homeland Security in writing not less than 

7 15 days before— 

8 (1) reorganizing or renaming offices; 

9 (2) reorganizing programs or activities; or 

10 (3) contracting out or privatizing any functions 

11 or activities presently performed by Federal employ12 ees. 

13 TITLE II—IMPROVED AVIATION 

14 SECURITY 

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

16 FEES. 

17 (a) AIR CARRIER SECURITY SERVICE FEES SUBJECT

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

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

20 end the following: 

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

22 The Under Secretary may not impose a fee 

23 under subparagraph (A) after September 30, 

24 2006, unless— 

25 ‘‘(i) the fee is imposed by rule promul26 gated by the Under Secretary; and 


CCOLEMAN on PROD1PC71 with BILLS
9 

•S 1052 RS 

1 ‘‘(ii) the Under Secretary submits the 

2 rule to the Senate Committee on Com3 merce, Science, and Transportation and 

4 the House of Representatives Committee 

5 on Transportation and Infrastructure not 

6 less than 60 days before its proposed effec7 tive date. 

8 ‘‘(E) APPLICATION OF CHAPTER 8 OF

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

10 rule promulgated by the Under Secretary im11 posing a fee under subparagraph (A) after Sep12 tember 30, 2006.’’. 

13 (b) REPORT ON TRANSPORTATION SECURITY SERV14 ICE FEES.—Each year, beginning with calendar year 

15 2006, the Secretary of Homeland Security, shall transmit 

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

17 and Transportation and the House of Representatives 

18 Committee on Transportation and Infrastructure on fees, 

19 substantially similar to the fee imposed under section 

20 44940(a)(2) of title 49, United States Code, that are im21 posed under authority of law on competing modes of regu22 larly-scheduled commercial passenger transportation by 

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

24 between the Transportation Security Administration’s 

25 costs of providing transportation security services in conVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
10 

•S 1052 RS 

1 nection with those modes of transportation and amounts 

2 collected from fees imposed under authority of law on pas3 sengers using those modes of transportation, taking into 

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

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

6 to the respective modes of transportation. 

7 SEC. 202. ALTERNATIVE COLLECTION METHODS FOR PAS8 SENGER SECURITY FEE. 

9 (a) IN GENERAL.— 

10 (1) STUDY.—The Assistant Secretary of Home11 land Security (Transportation Security Administra12 tion) shall study the feasibility of collecting the pas13 senger security service fee authorized by section 

14 44940(a) of title 49, United States Code, directly 

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

16 through a system developed or approved by the As17 sistant Secretary, including the use of vending ki18 osks, other automated vending devices, the Internet, 

19 or other remote vending sites. 

20 (2) SOLICITATION OF PROPOSALS.—In carrying 

21 out this subsection the Secretary shall solicit pro22 posals for such alternative collection mechanisms. 

23 (3) DEVELOPMENT OF ALTERNATIVES.—Based 

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

25 evaluation of proposals submitted pursuant to the 


CCOLEMAN on PROD1PC71 with BILLS
11 

•S 1052 RS 

1 solicitation under paragraph (2), the Assistant Sec2 retary shall develop such alternative collection sys3 tems as the Assistant Secretary determines to be 

4 feasible, including schedules and methods to ensure 

5 the efficiency of such systems. 

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

7 of the study, together with any recommendations the Sec8 retary deems appropriate, to the Congress within 6 

9 months after the date of enactment of this Act. 

10 (c) DEMONSTRATION PROJECTS.—If the Secretary 

11 determines that a system of direct collection of such fees 

12 from passengers at airports is feasible, the Secretary shall 

13 conduct demonstration projects at no fewer than 3 air14 ports within 1 year after submitting the report required 

15 by subsection (b) to the Congress. 

16 SEC. 203. SCREENER TRAINING REVIEW. 

17 Within 6 months after the date of enactment of this 

18 Act, the Assistant Secretary of Homeland Security 

19 (Transportation Security Administration), shall transmit 

20 a report on the adequacy of training for Transportation 

21 Security Administration screeners to the Congress. In ad22 dition to other issues, the Assistant Secretary shall specifi23 cally address any multi-hour weekly training requirement 

24 for such screeners, including an assessment of the degree 

25 to which such a requirement is observed and whether the 


CCOLEMAN on PROD1PC71 with BILLS
12 

•S 1052 RS 

1 requirement is appropriate, workable, and desirable. The 

2 Inspector General of the Department of Homeland Secu3 rity shall review the report submitted under this section. 

4 SEC. 204. EMPLOYEE RETENTION INTERNSHIP PROGRAM. 

5 The Assistant Secretary of Homeland Security 

6 (Transportation Security Administration), shall establish 

7 a pilot program at no fewer than 3 airports for training 

8 students to perform screening of passengers and property 

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

10 program shall be an internship for pre-employment train11 ing of final-year students from public and private sec12 ondary schools located in nearby communities. Under the 

13 program, participants— 

14 (1) shall be compensated for training and serv15 ices time while participating in the program, and 

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

17 participation in the program, to accept employment 

18 as a screener upon successful completion of the in19 ternship and upon graduation from the secondary 

20 school. 

21 SEC. 205. REPAIR STATION SECURITY. 

22 (a) CERTIFICATION OF FOREIGN REPAIR STATIONS

23 SUSPENSION.—If the Under Secretary of Homeland Secu24 rity for Border and Transportation Security does not issue 

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


CCOLEMAN on PROD1PC71 with BILLS
13 

•S 1052 RS 

1 United States Code, within 90 days after the date of en2 actment of this Act, the Administrator of the Federal 

3 Aviation Administration may not certify any foreign repair 

4 station under part 145 of title 14, Code of Federal Regu5 lations after such 90th day. 

6 (b) 6-MONTH DEADLINE FOR SECURITY REVIEW

7 AND AUDIT.—Subsections (a) and (d) of section 44924 

8 of title 49, United States Code, are each amended by strik9 ing ‘‘18 months’’ and inserting ‘‘6 months’’. 

10 SEC. 206. WAIVER PROCESS FOR CERTAIN EMPLOYMENT 

11 DISQUALIFICATIONS. 

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

13 amended by adding at the end the following: 

14 ‘‘(f) WAIVER PROCESS.— 

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

16 Border and Transportation Security of the Depart17 ment of Homeland Security shall establish a process 

18 to permit an individual who was convicted of a crime 

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

20 Under Secretary to permit that individual’s employ21 ment. 

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

23 waiver under this subsection, the Under Secretary 

24 shall give consideration to the circumstances of the 

25 disqualifying crime, restitution made by the indiVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
14 

•S 1052 RS 

1 vidual, and other factors that would tend to indicate 

2 that the individual does not pose a security or ter3 rorism risk. 

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

5 shall establish a process that includes an opportunity 

6 for a hearing for individuals who are denied waivers 

7 under this subsection. 

8 ‘‘(4) RESTRICTIONS ON USE AND MAINTENANCE

9 OF INFORMATION.— 

10 ‘‘(A) Information submitted to or obtained 

11 by the Attorney General or the Secretary under 

12 this section about an individual may not be 

13 made available to the public, including the indi14 vidual’s employer. 

15 ‘‘(B) Any information submitted to or ob16 tained under this section shall be maintained 

17 confidentially by the Under Secretary and may 

18 be used only for making determinations under 

19 this section. The Under Secretary may share 

20 any such information with other Federal law 

21 enforcement agencies. An individual’s employer 

22 may only be informed whether or not the indi23 vidual has been granted unescorted access 

24 under this section. 


CCOLEMAN on PROD1PC71 with BILLS
15 

•S 1052 RS 

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

2 under this subsection may file a civil action appeal3 ing that denial in any United States District Court 

4 and those courts shall have jurisdiction of the ap5 peal.’’. 

6 TITLE III—IMPROVED RAIL 

7 SECURITY 

8 SEC. 301. SHORT TITLE. 

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

10 2005’’. 

11 SEC. 302. RAIL TRANSPORTATION SECURITY RISK ASSESS12 MENT. 

13 (a) IN GENERAL.— 

14 (1) VULNERABILITY AND RISK ASSESSMENT.— 

15 The Secretary of Homeland Security shall establish 

16 a task force, including the Transportation Security 

17 Administration, the Department of Transportation, 

18 and other appropriate agencies, to complete a vul19 nerability and risk assessment of freight and pas20 senger rail transportation (encompassing railroads, 

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

22 49, United States Code). The assessment shall in23 clude— 

24 (A) identification and evaluation of critical 

25 assets and infrastructures; 


CCOLEMAN on PROD1PC71 with BILLS
16 

•S 1052 RS 

1 (B) identification of vulnerabilities and 

2 risks to those assets and infrastructures; 

3 (C) identification of vulnerabilities and 

4 risks that are specific to the transportation of 

5 hazardous materials via railroad; and 

6 (D) identification of security weaknesses in 

7 passenger and cargo security, transportation in8 frastructure, protection systems, procedural 

9 policies, communications systems, employee 

10 training, emergency response planning, and any 

11 other area identified by the assessment. 

12 (2) EXISTING PRIVATE AND PUBLIC SECTOR

13 EFFORTS.—The assessment shall take into account 

14 actions taken or planned by both public and private 

15 entities to address identified security issues and as16 sess the effective integration of such actions. 

17 (3) RECOMMENDATIONS.—Based on the assess18 ment conducted under paragraph (1), the Secretary, 

19 in consultation with the Secretary of Transportation, 

20 shall develop prioritized recommendations for im21 proving rail security, including any recommendations 

22 the Secretary has for— 

23 (A) improving the security of rail tunnels, 

24 rail bridges, rail switching and car storage 

25 areas, other rail infrastructure and facilities, inVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
17 

•S 1052 RS 

1 formation systems, and other areas identified 

2 by the Secretary as posing significant rail-re3 lated risks to public safety and the movement 

4 of interstate commerce, taking into account the 

5 impact that any proposed security measure 

6 might have on the provision of rail service; 

7 (B) deploying equipment to detect explo8 sives and hazardous chemical, biological, and 

9 radioactive substances, and any appropriate 

10 countermeasures; 

11 (C) training appropriate railroad or rail12 road shipper employees in terrorism prevention, 

13 passenger evacuation, and response activities; 

14 (D) conducting public outreach campaigns 

15 on passenger railroads; 

16 (E) deploying surveillance equipment; and 

17 (F) identifying the immediate and long18 term costs of measures that may be required to 

19 address those risks. 

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

21 (c) shall include— 

22 (A) a plan, developed in consultation with 

23 the freight and intercity passenger railroads, 

24 and State and local governments, for the FedVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00017 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
18 

•S 1052 RS 

1 eral government to provide increased security 

2 support at high or severe threat levels of alert; 

3 (B) a plan for coordinating existing and 

4 planned rail security initiatives undertaken by 

5 the public and private sectors; and 

6 (C) a contingency plan, developed in con7 junction with freight and intercity and com8 muter passenger railroads, to ensure the contin9 ued movement of freight and passengers in the 

10 event of an attack affecting the railroad system, 

11 which shall contemplate— 

12 (i) the possibility of rerouting traffic 

13 due to the loss of critical infrastructure, 

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

15 and 

16 (ii) methods of continuing railroad 

17 service in the Northeast Corridor in the 

18 event of a commercial power loss, or catas19 trophe affecting a critical bridge, tunnel, 

20 yard, or station. 

21 (b) CONSULTATION; USE OF EXISTING RE22 SOURCES.—In carrying out the assessment and developing 

23 the recommendations and plans required by subsection 

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

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


CCOLEMAN on PROD1PC71 with BILLS
19 

•S 1052 RS 

1 used to transport hazardous materials, first responders, 

2 shippers of hazardous materials, public safety officials, 

3 and other relevant parties. 

4 (c) REPORT.— 

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

6 date of enactment of this Act, the Secretary shall 

7 transmit to the Senate Committee on Commerce, 

8 Science, and Transportation and the House of Rep9 resentatives Committee on Transportation and In10 frastructure a report containing the assessment, 

11 prioritized recommendations, and plans required by 

12 subsection (a) and an estimate of the cost to imple13 ment such recommendations. 

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

15 report in both classified and redacted formats if the 

16 Secretary determines that such action is appropriate 

17 or necessary. 

18 (d) ANNUAL UPDATES.—The Secretary, in consulta19 tion with the Secretary of Transportation, shall update the 

20 assessment and recommendations each year and transmit 

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

22 redacted formats, to the Committees named in subsection 

23 (c)(1), containing the updated assessment and rec24 ommendations. 


CCOLEMAN on PROD1PC71 with BILLS
20 

•S 1052 RS 

1 (e) 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 Secretary of Homeland Se4 curity to carry out this section $5,000,000 for fiscal year 

5 2006. 

6 SEC. 303. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

7 (a) IN GENERAL—Subject to subsection (c) the Sec8 retary of Homeland Security, in consulation with the As9 sistant Secretary of Homeland Security (Transportation 

10 Security Administration), is authorized to make grants to 

11 Amtrak— 

12 (1) to secure major tunnel access points and en13 sure tunnel integrity in New York, Baltimore, and 

14 Washington, DC; 

15 (2) to secure Amtrak trains; 

16 (3) to secure Amtrak stations; 

17 (4) to obtain a watch list identification system 

18 approved by the Secretary; 

19 (5) to obtain train tracking and interoperable 

20 communications systems that are coordinated to the 

21 maximum extent possible; 

22 (6) to hire additional police and security offi23 cers, including canine units; and 

24 (7) to expand emergency preparedness efforts. 


CCOLEMAN on PROD1PC71 with BILLS
21 

•S 1052 RS 

1 (b) CONDITIONS.—The Secretary of Transportation 

2 shall disburse funds to Amtrak provided under subsection 

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

4 approved by the Secretary of Homeland Security. The 

5 plan shall include appropriate measures to address secu6 rity awareness, emergency response, and passenger evacu7 ation training. 

8 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The 

9 Secretary shall ensure that, subject to meeting the highest 

10 security needs on Amtrak’s entire system, stations and fa11 cilities located outside of the Northeast Corridor receive 

12 an equitable share of the security funds authorized by this 

13 section. 

14 (d) AVAILABILITY OF FUNDS.—Out of funds appro15 priated pursuant to section 114(u)(2) of title 49, United 

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

17 of Homeland Security and the Assistant Secretary of 

18 Homeland Security (Transportation Security Administra19 tion) to carry out this section— 

20 (1) $63,500,000 for fiscal year 2006; 

21 (2) $30,000,000 for fiscal year 2007; and 

22 (3) $30,000,000 for fiscal year 2008. 

23 Amounts appropriated pursuant to this subsection shall 

24 remain available until expended. 


CCOLEMAN on PROD1PC71 with BILLS
22 

•S 1052 RS 

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

2 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans3 portation is authorized to make grants to Amtrak for the 

4 purpose of making fire and life-safety improvements to 

5 Amtrak tunnels on the Northeast Corridor in New York, 

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

7 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

8 funds appropriated pursuant to section 102 of this Act, 

9 there shall be made available to the Secretary of Transpor10 tation for the purposes of carrying out subsection (a) the 

11 following amounts: 

12 (1) For the 6 New York tunnels to provide ven13 tilation, electrical, and fire safety technology up14 grades, emergency communication and lighting sys15 tems, and emergency access and egress for pas16 sengers— 

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

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

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

20 (2) For the Baltimore & Potomac tunnel and 

21 the Union tunnel, together, to provide adequate 

22 drainage, ventilation, communication, lighting, and 

23 passenger egress upgrades— 

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

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

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


CCOLEMAN on PROD1PC71 with BILLS
23 

•S 1052 RS 

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

2 tunnels to improve ventilation, communication, light3 ing, and passenger egress upgrades— 

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

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

6 (C) $13,333,000 for fiscal year 2008. 

7 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap8 propriated pursuant to section 102 of this Act, there shall 

9 be made available to the Secretary of Transportation for 

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

11 options for a new tunnel on a different alignment to aug12 ment the capacity of the existing Baltimore tunnels. 

13 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

14 Amounts made available pursuant to this section shall re15 main available until expended. 

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

17 amounts available to Amtrak for obligation or expenditure 

18 under subsection (a)— 

19 (1) until Amtrak has submitted to the Sec20 retary, and the Secretary has approved, an engineer21 ing and financial plan for such projects; and 

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

23 this section, the Secretary has approved a project 

24 management plan prepared by Amtrak addressing 

25 appropriate project budget, construction schedule, 


CCOLEMAN on PROD1PC71 with BILLS
24 

•S 1052 RS 

1 recipient staff organization, document control and 

2 record keeping, change order procedure, quality con3 trol and assurance, periodic plan updates, and peri4 odic status reports. 

5 (f) REVIEW OF PLANS.—The Secretary of Transpor6 tation shall complete the review of the plans required by 

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

8 disapprove the plans within 45 days after the date on 

9 which each such plan is submitted by Amtrak. If the Sec10 retary determines that a plan is incomplete or deficient, 

11 the Secretary shall notify Amtrak of the incomplete items 

12 or deficiencies and Amtrak shall, within 30 days after re13 ceiving the Secretary’s notification, submit a modified 

14 plan for the Secretary’s review. Within 15 days after re15 ceiving additional information on items previously included 

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

17 included in a modified plan, the Secretary shall either ap18 prove the modified plan, or, if the Secretary finds the plan 

19 is still incomplete or deficient, the Secretary shall identify 

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

21 and Transportation and the House of Representatives 

22 Committee on Transportation and Infrastructure the por23 tions of the plan the Secretary finds incomplete or defi24 cient, approve all other portions of the plan, obligate the 

25 funds associated with those other portions, and execute 


CCOLEMAN on PROD1PC71 with BILLS
25 

•S 1052 RS 

1 an agreement with Amtrak within 15 days thereafter on 

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

3 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN4 NEL USERS.—The Secretary shall, taking into account the 

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

6 projects described in subsection (a)— 

7 (1) consider the extent to which rail carriers 

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

9 (2) consider the feasibility of seeking a financial 

10 contribution from those other rail carriers toward 

11 the costs of the projects; and 

12 (3) obtain financial contributions or commit13 ments from such other rail carriers at levels reflect14 ing the extent of their use or planned use of the tun15 nels, if feasible. 

16 SEC. 305. FREIGHT AND PASSENGER RAIL SECURITY UP17 GRADES. 

18 (a) SECURITY IMPROVEMENT GRANTS.—The Sec19 retary of Homeland Security, through the Assistant Sec20 retary of Homeland Security (Transportation Security Ad21 ministration) and other appropriate agencies, is author22 ized to make grants to freight railroads, the Alaska Rail23 road, hazardous materials shippers, owners of rail cars 

24 used in the transportation of hazardous materials, univer25 sities, colleges and research centers, State and local govVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
26 

•S 1052 RS 

1 ernments (for rail passenger facilities and infrastructure 

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

3 Transportation, to Amtrak, for full or partial reimburse4 ment of costs incurred in the conduct of activities to pre5 vent or respond to acts of terrorism, sabotage, or other 

6 intercity passenger rail and freight rail security 

7 vulnerabilities and risks identified under section 302, in8 cluding— 

9 (1) security and redundancy for critical commu10 nications, computer, and train control systems essen11 tial for secure rail operations; 

12 (2) accommodation of cargo or passenger 

13 screening equipment at the United States-Mexico 

14 border or the United States-Canada border; 

15 (3) the security of hazardous material transpor16 tation by rail; 

17 (4) secure intercity passenger rail stations, 

18 trains, and infrastructure; 

19 (5) structural modification or replacement of 

20 rail cars transporting high hazard materials to im21 prove their resistance to acts of terrorism; 

22 (6) employee security awareness, preparedness, 

23 passenger evacuation, and emergency response train24 ing; 


CCOLEMAN on PROD1PC71 with BILLS
27 

•S 1052 RS 

1 (7) public security awareness campaigns for 

2 passenger train operations; 

3 (8) the sharing of intelligence and information 

4 about security threats; 

5 (9) to obtain train tracking and interoperable 

6 communications systems that are coordinated to the 

7 maximum extent possible; 

8 (10) to hire additional police and security offi9 cers, including canine units; and 

10 (11) other improvements recommended by the 

11 report required by section 302, including infrastruc12 ture, facilities, and equipment upgrades. 

13 (b) ACCOUNTABILITY.—The Secretary shall adopt 

14 necessary procedures, including audits, to ensure that 

15 grants made under this section are expended in accord16 ance with the purposes of this Act and the priorities and 

17 other criteria developed by the Secretary. 

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

19 funds authorized by this section based on risk and vulner20 ability as determined under section 302, and shall encour21 age non-Federal financial participation in awarding 

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

23 the Secretary shall also take into account passenger vol24 ume and whether a station is used by commuter rail pas25 sengers as well as intercity rail passengers. 


CCOLEMAN on PROD1PC71 with BILLS
28 

•S 1052 RS 

1 (d) CONDITIONS.—The Secretary of Transportation 

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

3 unless Amtrak meets the conditions set forth in section 

4 303(b) of this Act. 

5 (e) ALLOCATION BETWEEN RAILROADS AND OTH6 ERS.—Unless as a result of the assessment required by 

7 section 302 the Secretary of Homeland Security deter8 mines that critical rail transportation security needs re9 quire reimbursement in greater amounts to any eligible 

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

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

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

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

14 (a). 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—Out of 

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

17 49, United States Code, there shall be made available to 

18 the Secretary of Homeland Security to carry out this sec19 tion— 

20 (1) $120,000,000 for fiscal year 2006; 

21 (2) $120,000,000 for fiscal year 2007; and 

22 (3) $120,000,000 for fiscal year 2008. 

23 Amounts made available pursuant to this subsection shall 

24 remain available until expended. 


CCOLEMAN on PROD1PC71 with BILLS
29 

•S 1052 RS 

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

2 section, the term ‘‘high hazard materials’’ means quan3 tities of poison inhalation hazard materials, Class 2.3 

4 gases, Class 6.1 materials, and anhydrous ammonia that 

5 the Secretary, in consultation with the Secretary of Trans6 portation, determines pose a security risk. 

7 SEC. 306. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

8 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP9 MENT PROGRAM.—The Secretary of Transportation, in 

10 conjunction with the Under Secretary of Homeland Secu11 rity for Science and Technology and the Assistant Sec12 retary of Homeland Security (Transportation Security Ad13 ministration), shall carry out a research and development 

14 program for the purpose of improving freight and intercity 

15 passenger rail security that may include research and de16 velopment projects to— 

17 (1) reduce the vulnerability of passenger trains, 

18 stations, and equipment to explosives and hazardous 

19 chemical, biological, and radioactive substances; 

20 (2) test new emergency response techniques and 

21 technologies; 

22 (3) develop improved freight technologies, in23 cluding— 

24 (A) technologies for sealing rail cars; 

25 (B) automatic inspection of rail cars; 


CCOLEMAN on PROD1PC71 with BILLS
30 

•S 1052 RS 

1 (C) communication-based train controls; 

2 and 

3 (D) emergency response training; 

4 (4) test wayside detectors that can detect tam5 pering with railroad equipment; 

6 (5) support enhanced security for the transpor7 tation of hazardous materials by rail, including— 

8 (A) technologies to detect a breach in a 

9 tank car or other rail car used to transport haz10 ardous materials and transmit information 

11 about the integrity of cars to the train crew or 

12 dispatcher; 

13 (B) research to improve tank car integrity, 

14 with a focus on tank cars that carry high haz15 ard materials (as defined in section 305(g) of 

16 this Act; and 

17 (C) techniques to transfer hazardous mate18 rials from rail cars that are damaged or other19 wise represent an unreasonable risk to human 

20 life or public safety; and 

21 (6) other projects that address vulnerabilities 

22 and risks identified under section 302. 

23 (b) COORDINATION WITH OTHER RESEARCH INITIA24 TIVES.—The Secretary of Transportation shall ensure 

25 that the research and development program authorized by 


CCOLEMAN on PROD1PC71 with BILLS
31 

•S 1052 RS 

1 this section is coordinated with other research and devel2 opment initiatives at the Department of Transportation 

3 and the Department of Homeland Security. The Secretary 

4 shall carry out any research and development project au5 thorized by this section through a reimbursable agreement 

6 with the Under Secretary of Homeland Security for 

7 Science and Technology, if the Under Secretary— 

8 (1) is already sponsoring a research and devel9 opment project in a similar area; or 

10 (2) has a unique facility or capability that 

11 would be useful in carrying out the project. 

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

13 the research and development program, the Secretary may 

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

15 and shall adopt necessary procedures, including audits, to 

16 ensure that grants made under this section are expended 

17 in accordance with the purposes of this Act and the prior18 ities and other criteria developed by the Secretary. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—Out of 

20 funds appropriated pursuant to section 102 of this Act, 

21 there shall be made available to the Secretary of Transpor22 tation to carry out this section— 

23 (1) $35,000,000 for fiscal year 2006; 

24 (2) $35,000,000 for fiscal year 2007; and 

25 (3) $35,000,000 for fiscal year 2008. 


CCOLEMAN on PROD1PC71 with BILLS
32 

•S 1052 RS 

1 Amounts made available pursuant to this subsection shall 

2 remain available until expended. 

3 SEC. 307. OVERSIGHT AND GRANT PROCEDURES. 

4 (a) SECRETARIAL OVERSIGHT.—The Secretary of 

5 Homeland Security, in consultation with the Assistant 

6 Secretary of Homeland Security (Transportation Security 

7 Administration), may use up to 0.5 percent of amounts 

8 made available for capital projects under the Rail Security 

9 Act of 2005 to enter into contracts for the review of pro10 posed capital projects and related program management 

11 plans and to oversee construction of such projects. 

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

13 amounts available under subsection (a) of this subsection 

14 to make contracts for safety, procurement, management, 

15 and financial compliance reviews and audits of a recipient 

16 of amounts under this Act. 

17 (c) PROCEDURES FOR GRANT AWARD.—The Sec18 retary shall prescribe procedures and schedules for the 

19 awarding of grants under this Act, including application 

20 and qualification procedures (including a requirement that 

21 the applicant have a security plan), and a record of deci22 sion on applicant eligibility. The procedures shall include 

23 the execution of a grant agreement between the grant re24 cipient and the Secretary and shall be consistent, to the 

25 extent practicable, with the grant procedures established 


CCOLEMAN on PROD1PC71 with BILLS
33 

•S 1052 RS 

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

2 Secretary shall issue a final rule establishing the proce3 dures not later than 90 days after the date of enactment 

4 of this Act. 

5 SEC. 308. AMTRAK PLAN TO ASSIST FAMILIES OF PAS6 SENGERS INVOLVED IN RAIL PASSENGER AC7 CIDENTS. 

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

9 States Code, is amended by adding at the end the fol10 lowing: 

11 ‘‘§ 24316. Plans to address needs of families of pas12 sengers involved in rail passenger acci13 dents 

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

15 months after the date of the enactment of the Rail Secu16 rity Act of 2005, Amtrak shall submit to the Chairman 

17 of the National Transportation Safety Board and the Sec18 retary of Transportation a plan for addressing the needs 

19 of the families of passengers involved in any rail passenger 

20 accident involving an Amtrak intercity train and resulting 

21 in a loss of life. 

22 ‘‘(b) CONTENTS OF PLANS.—The plan to be sub23 mitted by Amtrak under subsection (a) shall include, at 

24 a minimum, the following: 


CCOLEMAN on PROD1PC71 with BILLS
34 

•S 1052 RS 

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

2 and provide to the National Transportation Safety 

3 Board and the Secretary of Transportation, imme4 diately upon request, a list (which is based on the 

5 best available information at the time of the request) 

6 of the names of the passengers aboard the train 

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

8 will periodically update the list. The plan shall in9 clude a procedure, with respect to unreserved trains 

10 and passengers not holding reservations on other 

11 trains, for Amtrak to use reasonable efforts to ascer12 tain the number and names of passengers aboard a 

13 train involved in an accident. 

14 ‘‘(2) A plan for creating and publicizing a reli15 able, toll-free telephone number within 4 hours after 

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

17 handle calls from the families of the passengers. 

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

19 passengers, before providing any public notice of the 

20 names of the passengers, by suitably trained individ21 uals. 

22 ‘‘(4) A process for providing the notice de23 scribed in paragraph (2) to the family of a pas24 senger as soon as Amtrak has verified that the pasVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
35 

•S 1052 RS 

1 senger was aboard the train (whether or not the 

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

3 ‘‘(5) A process by which the family of each pas4 senger will be consulted about the disposition of all 

5 remains and personal effects of the passenger within 

6 Amtrak’s control; that any possession of the pas7 senger within Amtrak’s control will be returned to 

8 the family unless the possession is needed for the ac9 cident investigation or any criminal investigation; 

10 and that any unclaimed possession of a passenger 

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

12 passenger carrier for at least 18 months. 

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

14 families of nonrevenue passengers will be the same 

15 as the treatment of the families of revenue pas16 sengers. 

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

18 adequate training to its employees and agents to 

19 meet the needs of survivors and family members fol20 lowing an accident. 

21 ‘‘(c) USE OF INFORMATION.—The National Trans22 portation Safety Board, the Secretary of Transportation, 

23 and Amtrak may not release to any person information 

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

25 information on the list about a passenger to the family 


CCOLEMAN on PROD1PC71 with BILLS
36 

•S 1052 RS 

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

2 considers appropriate. 

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

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

5 or State court arising out of the performance of Amtrak 

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

7 information concerning a train reservation, pursuant to a 

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

9 such liability was caused by Amtrak’s conduct. 

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

11 Nothing in this section may be construed as limiting the 

12 actions that Amtrak may take, or the obligations that Am13 trak may have, in providing assistance to the families of 

14 passengers involved in a rail passenger accident. 

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

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

17 be made available to the Secretary of Transportation for 

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

19 out this section. Amounts made available pursuant to this 

20 subsection shall remain available until expended.’’. 

21 (b) CONFORMING AMENDMENT.—The chapter anal22 ysis for chapter 243 of title 49, United States Code, is 

23 amended by adding at the end the following: 

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


CCOLEMAN on PROD1PC71 with BILLS
37 

•S 1052 RS 

1 SEC. 309. NORTHERN BORDER RAIL PASSENGER REPORT. 

2 Within 180 days after the date of enactment of this 

3 Act, the Secretary of Transportation, in consultation with 

4 the Secretary of Homeland Security, the Assistant Sec5 retary of Homeland Security (Transportation Security Ad6 ministration), heads of other appropriate Federal depart7 ments, and agencies and the National Railroad Passenger 

8 Corporation, shall transmit a report to the Senate Com9 mittee on Commerce, Science, and Transportation and the 

10 House of Representatives Committee on Transportation 

11 and Infrastructure that contains— 

12 (1) a description of the current system for 

13 screening passengers and baggage on passenger rail 

14 service between the United States and Canada; 

15 (2) an assessment of the current program to 

16 provide preclearance of airline passengers between 

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

18 Agreement on Air Transport Preclearance between 

19 the Government of Canada and the Government of 

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

21 2001; 

22 (3) an assessment of the current program to 

23 provide preclearance of freight railroad traffic be24 tween the United States and Canada as outlined in 

25 the ‘‘Declaration of Principle for the Improved Secu26 rity of Rail Shipments by Canadian National RailVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00037 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
38 

•S 1052 RS 

1 way and Canadian Pacific Railway from Canada to 

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

3 (4) information on progress by the Department 

4 of Homeland Security and other Federal agencies to5 wards finalizing a bilateral protocol with Canada 

6 that would provide for preclearance of passengers on 

7 trains operating between the United States and Can8 ada; 

9 (5) a description of legislative, regulatory, 

10 budgetary, or policy barriers within the United 

11 States Government to providing pre-screened pas12 senger lists for rail passengers traveling between the 

13 United States and Canada to the Department of 

14 Homeland Security; 

15 (6) a description of the position of the Govern16 ment of Canada and relevant Canadian agencies 

17 with respect to preclearance of such passengers; 

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

19 law necessary to provide for pre-screening of such 

20 passengers and providing pre-screened passenger 

21 lists to the Department of Homeland Security; and 

22 (8) an analysis of the feasibility of reinstating 

23 United States Customs and Border Patrol rolling in24 spections onboard international Amtrak trains. 


CCOLEMAN on PROD1PC71 with BILLS
39 

•S 1052 RS 

1 SEC. 310. RAIL WORKER SECURITY TRAINING PROGRAM. 

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

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

4 Security and the Secretary of Transportation, in consulta5 tion with appropriate law enforcement, security, and ter6 rorism experts, representatives of railroad carriers, and 

7 nonprofit employee organizations that represent rail work8 ers, shall develop and issue detailed guidance for a rail 

9 worker security training program to prepare front-line 

10 workers for potential threat conditions. 

11 (b) PROGRAM ELEMENTS.—The guidance developed 

12 under subsection (a) shall require such a program to in13 clude, at a minimum, elements as appropriate to pas14 senger and freight rail service, that address the following: 

15 (1) Determination of the seriousness of any oc16 currence. 

17 (2) Crew communication and coordination. 

18 (3) Appropriate responses to defend oneself. 

19 (4) Use of protective devices. 

20 (5) Evacuation procedures. 

21 (6) Psychology of terrorists to cope with hi22 jacker behavior and passenger responses. 

23 (7) Live situational training exercises regarding 

24 various threat conditions, including tunnel evacu25 ation procedures. 


CCOLEMAN on PROD1PC71 with BILLS
40 

•S 1052 RS 

1 (8) Any other subject the Secretary considers 

2 appropriate. 

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

4 60 days after the Secretary issues guidance under sub5 section (a) in final form, each railroad carrier shall develop 

6 a rail worker security training program in accordance with 

7 that guidance and submit it to the Secretary for approval. 

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

9 program under this subsection, the Secretary shall review 

10 the program and approve it or require the railroad carrier 

11 to make any revisions the Secretary considers necessary 

12 for the program to meet the guidance requirements. 

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

14 Secretary approves the training program developed by a 

15 railroad carrier under this section, the railroad carrier 

16 shall complete the training of all front-line workers in ac17 cordance with that program. 

18 (e) UPDATES.—The Secretary shall update the train19 ing guidance issued under subsection (a) from time to 

20 time to reflect new or different security threats, and re21 quire railroad carriers to revise their programs accordingly 

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

23 (f) FRONT-LINE WORKERS DEFINED.—In this sec24 tion, the term ‘‘front-line workers’’ means security per25 sonnel, dispatchers, train operators, other onboard emVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00040 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
41 

•S 1052 RS 

1 ployees, maintenance and support personnel, bridge 

2 tenders, and other appropriate employees of railroad car3 riers. 

4 (g) OTHER EMPLOYEES.—The Secretary of Home5 land Security shall issue guidance and best practices for 

6 a rail shipper employee security program containing the 

7 elements listed under subsection (b) as appropriate. 

8 SEC. 311. WHISTLEBLOWER PROTECTION PROGRAM. 

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

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

11 section 20117 the following: 

12 ‘‘§ 20118. Whistleblower protection for rail security 

13 matters 

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

15 carrier engaged in interstate or foreign commerce may dis16 charge a railroad employee or otherwise discriminate 

17 against a railroad employee because the employee (or any 

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

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

20 about to provide or cause to be provided, to the em21 ployer or the Federal Government information relat22 ing to a perceived threat to security; or 

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

24 about to provide or cause to be provided, testimony 


CCOLEMAN on PROD1PC71 with BILLS
42 

•S 1052 RS 

1 before Congress or at any Federal or State pro2 ceeding regarding a perceived threat to security; or 

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

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

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

6 or claim arising under this section is subject to resolution 

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

8 In a proceeding by the National Railroad Adjustment 

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

10 board of adjustment established under section 3 to resolve 

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

12 expedited and the dispute, grievance, or claim shall be re13 solved not later than 180 days after it is filed. If the viola14 tion is a form of discrimination that does not involve dis15 charge, suspension, or another action affecting pay, and 

16 no other remedy is available under this subsection, the 

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

18 may award the employee reasonable damages, including 

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

20 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro21 vided in subsection (b), the procedure set forth in section 

22 42121(b)(2)(B) of this title, including the burdens of 

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

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

25 railroad carrier may not seek protection under both this 


CCOLEMAN on PROD1PC71 with BILLS
43 

•S 1052 RS 

1 section and another provision of law for the same allegedly 

2 unlawful act of the carrier. 

3 ‘‘(e) DISCLOSURE OF IDENTITY.— 

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

5 this subsection, or with the written consent of the 

6 employee, the Secretary of Transportation may not 

7 disclose the name of an employee of a railroad car8 rier who has provided information about an alleged 

9 violation of this section. 

10 ‘‘(2) The Secretary shall disclose to the Attor11 ney General the name of an employee described in 

12 paragraph (1) of this subsection if the matter is re13 ferred to the Attorney General for enforcement.’’. 

14 (b) CONFORMING AMENDMENT.—The chapter anal15 ysis for chapter 201 of title 49, United States Code, is 

16 amended by inserting after the item relating to section 

17 20117 the following: 

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

18 SEC. 312. HIGH HAZARD MATERIAL SECURITY THREAT 

19 MITIGATION PLANS. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity, in consultation with the Assistant Secretary of Home22 land Security (Transportation Security Administration) 

23 and the Secretary of Transportation, shall require rail car24 riers transporting a high hazard material, as defined in 

25 section 305(g) of this Act and of a quantity equal or exVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
44 

•S 1052 RS 

1 ceeding the quantities of such material listed in subpart 

2 172.800, title 49, Federal Code of Regulations, to develop 

3 a high hazard material security threat mitigation plans 

4 containing appropriate measures, including alternative 

5 routing and temporary shipment suspension options, to 

6 address assessed risks to high consequence targets. 

7 (b) IMPLEMENTATION.—A high hazard material se8 curity threat mitigation plan shall be put into effect by 

9 a rail carrier for the shipment of high hazardous materials 

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

11 levels of the Homeland Security Advisory System are high 

12 or severe and specific intelligence of probable or imminent 

13 threat exists towards— 

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

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

16 used to transport high hazardous material; or 

17 (2) rail infrastructure or operations within the 

18 immediate vicinity of a high-consequence target. 

19 (c) COMPLETION AND REVIEW OF PLANS.— 

20 (1) PLANS REQUIRED.—Each rail carrier 

21 shall— 

22 (A) submit a list of routes used to trans23 port high hazard materials to the Secretary of 

24 Homeland Security within 60 days after the 

25 date of enactment of this Act; and 


CCOLEMAN on PROD1PC71 with BILLS
45 

•S 1052 RS 

1 (B) develop and submit a high hazard ma2 terial security threat mitigation plan to the Sec3 retary within 180 days after it receives the no4 tice of high consequence targets on such routes 

5 by the Secretary. 

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

7 with assistance of the Secretary of Transportation, 

8 shall review and approve the plans. Each rail carrier 

9 shall update and resubmit its plan for review not 

10 less than every 2 years. 

11 (d) DEFINITIONS.—In this section: 

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

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

14 natural resource designated by the Secretary of 

15 Homeland Security that is viable terrorist target of 

16 national significance, the attack of which could re17 sult in— 

18 (A) catastrophic loss of life; and 

19 (B) significantly damaged national security 

20 and defense capabilities; or 

21 (C) national economic harm. 

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

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

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

25 materials in which the potential release or explosion 


CCOLEMAN on PROD1PC71 with BILLS
46 

•S 1052 RS 

1 of the high hazard material being transported would 

2 likely cause— 

3 (A) loss of life; or 

4 (B) significant damage to property or 

5 structures. 

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

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

8 United States Code. 

9 SEC. 313. MEMORANDUM OF AGREEMENT. 

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

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

12 Transportation and the Secretary of Homeland Security 

13 shall execute and develop an annex to the memorandum 

14 of agreement between the two departments signed on Sep15 tember 28, 2004, governing the specific roles, delineations 

16 of responsibilities, resources and commitments of the De17 partment of Transportation and the Department of Home18 land Security, respectively, in addressing railroad trans19 portation security matters, including the processes the de20 partments will follow to promote communications, effi21 ciency, and nonduplication of effort. 

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

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

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

25 including security,’’. 


CCOLEMAN on PROD1PC71 with BILLS
47 

•S 1052 RS 

1 SEC. 314. RAIL SECURITY ENHANCEMENTS. 

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

3 49, United States Code, is amended— 

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

5 ‘‘Under’’; 

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

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

8 (3) by adding at the end the following: 

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

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

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

12 Transportation Board has no authority to enforce any 

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

14 carrier relating to personnel management or labor rela15 tions other than those involving safety or security. Noth16 ing in this subsection shall preclude a rail police officer 

17 from performing any activities not covered by subsection 

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

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

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

21 such activities.’’. 

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

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

24 Transportation, in consultation with the Secretary of 

25 Homeland Security and the Assistant Secretary of Home26 land Security (Transportation Security Administration), 


CCOLEMAN on PROD1PC71 with BILLS
48 

•S 1052 RS 

1 shall review existing rail regulations of the Department 

2 of Transportation for the purpose of identifying areas in 

3 which those regulations need to be revised to improve rail 

4 security. 

5 SEC. 315. WELDED RAIL AND TANK CAR SAFETY IMPROVE6 MENTS. 

7 (a) TRACK STANDARDS.— 

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

9 date of enactment of this Act, the Federal Railroad 

10 Administration shall— 

11 (A) require each track owner using contin12 uous welded rail track to include procedures (in 

13 its procedures filed with the Administration 

14 pursuant to section 213.119 of title 49, Code of 

15 Federal Regulations) to improve the identifica16 tion of cracks in rail joint bars; 

17 (B) instruct Administration track inspec18 tors to obtain copies of the most recent contin19 uous welded rail programs of each railroad 

20 within the inspectors’ areas of responsibility 

21 and require that inspectors use those programs 

22 when conducting track inspections; and 

23 (C) establish a program to review contin24 uous welded rail joint bar inspection data from 


CCOLEMAN on PROD1PC71 with BILLS
49 

•S 1052 RS 

1 railroads and Administration track inspectors 

2 periodically. 

3 (2) INSPECTION.—Whenever the Administration 

4 determines that it is necessary or appropriate the 

5 Administration may require railroads to increase the 

6 frequency of inspection, or improve the methods of 

7 inspection, of joint bars in continuous welded rail. 

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

9 Administration shall— 

10 (1) validate a predictive model to quantify the 

11 relevant dynamic forces acting on railroad tank cars 

12 under accident conditions within 1 year after the 

13 date of enactment of this Act; and 

14 (2) initiate a rulemaking to develop and imple15 ment appropriate design standards for pressurized 

16 tank cars within 18 months after the date of enact17 ment of this Act. 

18 (c) OLDER TANK CAR IMPACT RESISTANCE ANAL19 YSIS AND REPORT.—Within 1 year after the date of enact20 ment of this Act the Federal Railroad Administration shall 

21 conduct a comprehensive analysis to determine the impact 

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

23 constructed before 1989. Within 6 months after com24 pleting that analysis the Administration shall— 


CCOLEMAN on PROD1PC71 with BILLS
50 

•S 1052 RS 

1 (1) establish a program to rank those cars ac2 cording to their risk of catastrophic fracture and 

3 separation; 

4 (2) implement measures to eliminate or miti5 gate this risk; and 

6 (3) transmit a report to the Senate Committee 

7 on Commerce, Science, and Transportation and the 

8 House of Representatives Committee on Transpor9 tation and Infrastructure setting forth the measures 

10 implemented. 

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Federal Railroad 

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

14 out this section, such sums to remain available until ex15 pended. 

16 SEC. 316. REPORT REGARDING IMPACT ON SECURITY OF 

17 TRAIN TRAVEL IN COMMUNITIES WITHOUT 

18 GRADE SEPARATION. 

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

20 consultation with the Secretary of Homeland Security, the 

21 Assistant Secretary of Homeland Security (Transpor22 tation Security Administration), and State and local gov23 ernment officials, shall conduct a study on the impact of 

24 blocked highway-railroad grade crossings on the ability of 

25 emergency responders, including ambulances and police, 


CCOLEMAN on PROD1PC71 with BILLS
51 

•S 1052 RS 

1 fire, and other emergency vehicles, to perform public safe2 ty and security duties in the event of a terrorist attack. 

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

4 of enactment of this Act, the Secretary shall submit a re5 port to the Committee on Transportation and Infrastruc6 ture of the House of Representatives and the Committee 

7 on Commerce, Science, and Transportation of the Senate 

8 on the findings of the study conducted under subsection 

9 (a) and recommendations for reducing the impact of 

10 blocked crossings on emergency response capabilities. 

11 SEC. 317. STUDY OF FOREIGN RAIL TRANSPORT SECURITY 

12 PROGRAMS. 

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

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

15 2005, the Comptroller General shall complete a study of 

16 the rail passenger transportation security programs that 

17 are carried out for rail transportation systems in Japan, 

18 member nations of the European Union, and other foreign 

19 countries. 

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

21 identify effective rail transportation security measures 

22 that are in use in foreign rail transportation systems, in23 cluding innovative measures and screening procedures de24 termined effective. 


CCOLEMAN on PROD1PC71 with BILLS
52 

•S 1052 RS 

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

2 a report on the results of the study to the Senate Com3 mittee on Commerce, Science, and Transportation and the 

4 House of Representatives Committee on Transportation 

5 and Infrastructure. The report shall include the Comp6 troller General’s assessment regarding whether it is fea7 sible to implement within the United States any of the 

8 same or similar security measures that are determined ef9 fective under the study. 

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

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

12 Secretary of Homeland Security, in cooperation with the 

13 Secretary of Transportation through the Assistant Sec14 retary of Homeland Security (Transportation Security Ad15 ministration) and other appropriate agencies, shall— 

16 (1) study the cost and feasibility of requiring 

17 security screening for passengers, baggage, and 

18 cargo on passenger trains including an analysis of 

19 any passenger train screening pilot programs under20 taken by the Department of Homeland Security; and 

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

22 with any recommendations that the Secretary of 

23 Homeland Security may have for implementing a 

24 rail security screening program to the Senate Com25 mittee on Commerce, Science, and Transportation 


CCOLEMAN on PROD1PC71 with BILLS
53 

•S 1052 RS 

1 and the House of Representatives Committee on 

2 Transportation and Infrastructure within 1 year 

3 after the date of enactment of this Act. 

4 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

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

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

7 the Secretary of Homeland Security to carry out this sec8 tion $1,000,000 for fiscal year 2006. 

9 SEC. 319. PUBLIC AWARENESS. 

10 Not later than 90 days after the date of enactment 

11 of this Act, the Secretary of Homeland Security, in con12 sultation with the Secretary of Transportation, shall de13 velop a national plan for public outreach and awareness. 

14 Such plan shall be designed to increase awareness of 

15 measures that the general public, railroad passengers, and 

16 railroad employees can take to increase railroad system 

17 security. Such plan shall also provide outreach to railroad 

18 carriers and their employees to improve their awareness 

19 of available technologies, ongoing research and develop20 ment efforts, and available Federal funding sources to im21 prove railroad security. Not later than 9 months after the 

22 date of enactment of this Act, the Secretary of Transpor23 tation shall implement the plan developed under this sec24 tion. 


CCOLEMAN on PROD1PC71 with BILLS
54 

•S 1052 RS 

1 SEC. 320. RAILROAD HIGH HAZARD MATERIAL TRACKING. 

2 (a) WIRELESS COMMUNICATIONS.— 

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

4 date of enactment of this Act, the Secretary of 

5 Transportation shall develop a program that will en6 courage the equipping of rail cars transporting high 

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

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

9 quantities specified in subpart 171.800 of title 49, 

10 Code of Federal Regulations, with wireless terres11 trial or satellite communications technology that pro12 vides— 

13 (A) car position location and tracking ca14 pabilities; 

15 (B) notification of rail car depressuriza16 tion, breach, or unsafe temperature; and 

17 (C) notification of hazardous material re18 lease. 

19 (2) COORDINATION.—In developing the pro20 gram required by paragraph (1), the Secretary 

21 shall— 

22 (A) consult with the Secretary of Home23 land Security and the Assistant Secretary of 

24 Homeland Security (Transportation Security 

25 Administration) to coordinate the program with 

26 any ongoing or planned efforts for rail car 


CCOLEMAN on PROD1PC71 with BILLS
55 

•S 1052 RS 

1 tracking at the Department of Homeland Secu2 rity; and 

3 (B) ensure that the program is consistent 

4 with recommendations and findings of the De5 partment of Homeland Security’s hazardous 

6 material tank rail car tracking pilot programs. 

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

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

9 to the Secretary of Homeland Security through the Assist10 ant Secretary of Homeland Security (Transportation Se11 curity Administration) to carry out this section 

12 $3,000,000 for each of fiscal years 2006, 2007, and 2008. 

13 TITLE IV—IMPROVED MOTOR 

14 CARRIER, BUS, AND HAZ15 ARDOUS MATERIAL SECURITY 

16 SEC. 401. BACKGROUND CHECKS FOR DRIVERS HAULING 

17 HAZARDOUS MATERIALS. 

18 (a) FOREIGN DRIVERS.— 

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

20 operator registered to operate in Mexico or Canada 

21 may operate a commercial motor vehicle trans22 porting a hazardous material in commerce in the 

23 United States until the operator has undergone a 

24 background records check similar to the background 

25 records check required for commercial motor vehicle 


CCOLEMAN on PROD1PC71 with BILLS
56 

•S 1052 RS 

1 operators licensed in the United States to transport 

2 hazardous materials in commerce. 

3 (2) DEFINITIONS.—In this subsection: 

4 (A) HAZARDOUS MATERIALS.—The term 

5 ‘‘hazardous material’’ has the meaning given 

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

7 States Code. 

8 (B) COMMERCIAL MOTOR VEHICLE.—The 

9 term ‘‘commercial motor vehicle’’ has the mean10 ing given that term by section 31101 of title 

11 49, United States Code. 

12 (b) OTHER DRIVERS.— 

13 (1) EMPLOYER NOTIFICATION.—Within 90 days 

14 after the date of enactment of this Act, the Assist15 ant Secretary of Homeland Security (Transportation 

16 Security Administration), shall develop and imple17 ment a process for the notification of a hazmat em18 ployer (as defined in section 5102(4) of title 49, 

19 United States Code), if appropriate considering the 

20 potential security implications, designated by an ap21 plicant seeking a threat assessment under part 1572 

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

23 Transportation Security Administration, in an initial 

24 notification of threat assessment or a final notifica25 tion of threat assessment, served on the applicant 


CCOLEMAN on PROD1PC71 with BILLS
57 

•S 1052 RS 

1 determines that the applicant does not meet the 

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

3 Code of Federal Regulations. 

4 (2) RELATIONSHIP TO OTHER BACKGROUND

5 RECORDS CHECKS.— 

6 (A) ELIMINATION OF REDUNDANT

7 CHECKS.—An individual with respect to whom 

8 the Transportation Security Administration— 

9 (i) has performed a security threat as10 sessment under part 1572 of title 49, Code 

11 of Federal Regulations, and 

12 (ii) has issued a notification of no se13 curity threat under section 1572.5(g) of 

14 that title, 

15 is deemed to have met the requirements of any 

16 other background check that is equivalent to, or 

17 less stringent than, the background check per18 formed under section 5103a of title 49, United 

19 States Code, that is required for purposes of 

20 any Federal law applicable to transportation 

21 workers. 

22 (B) DETERMINATION BY ASSISTANT SEC23 RETARY.—Within 30 days after the date of en24 actment of this Act, the Assistant Secretary of 

25 Homeland Security (Transportation Security 


CCOLEMAN on PROD1PC71 with BILLS
58 

•S 1052 RS 

1 Administration) shall initiate a rulemaking pro2 ceeding, including notice and opportunity for 

3 comment, that sets forth the background checks 

4 and other similar security or threat assessment 

5 requirements applicable to transportation work6 ers under Federal law to which subparagraph 

7 (A) applies. 

8 (C) FUTURE RULEMAKINGS.—The Assist9 ant Secretary shall make a determination under 

10 the criteria established under subparagraph (B) 

11 with respect to any rulemaking proceeding to 

12 establish or modify required background checks 

13 for transportation workers initiated after the 

14 date of enactment of this Act. 

15 (c) APPEALS PROCESS FOR MORE STRINGENT STATE

16 PROCEDURES.—If a State establishes standards for appli17 cants for a hazardous materials endorsement to a commer18 cial driver’s license that, as determined by the Secretary 

19 of Homeland Security, are more stringent than the stand20 ards set forth in section 1572.5(d) of title 49, Code of 

21 Federal Regulations, then the State shall also provide an 

22 appeals process similar to the process provided under sec23 tion 1572.141 of title 49, Code of Federal Regulations, 

24 by which an applicant denied a hazardous materials en25 dorsement to a commercial driver’s license by that State 


CCOLEMAN on PROD1PC71 with BILLS
59 

•S 1052 RS 

1 may appeal that denial in a manner substantially similar 

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

3 an initial notification of threat assessment under part 

4 1572 of that title. 

5 (d) CLARIFICATION OF TERM DEFINED IN REGULA6 TIONS.—The term ‘‘severe transportation security inci7 dent’’, as defined in section 1572.3 of title 49, Code of 

8 Federal Regulations, does not include a work stoppage or 

9 other nonviolent employee-related action resulting from an 

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

11 of enactment of this Act, the Secretary of Homeland Secu12 rity shall modify the definition of that term to reflect the 

13 preceding sentence. 

14 (e) BACKGROUND CHECK CAPACITY.—The Assistant 

15 Secretary of Homeland Security (Transportation Security 

16 Administration) shall transmit a report by October 1, 

17 2005, to the Senate Committee on Commerce, Science, 

18 and Transportation and the House of Representatives 

19 Committee on Homeland Security on the implementation 

20 of fingerprint-based security threat assessments and the 

21 adequacy of fingerprinting locations, personnel, and re22 sources to accomplish the timely processing of fingerprint23 based security threat assessments for individuals holding 

24 commercial driver’s licenses who are applying to renew 

25 hazardous materials endorsements. 


CCOLEMAN on PROD1PC71 with BILLS
60 

•S 1052 RS 

1 SEC. 402. WRITTEN PLANS FOR HAZARDOUS MATERIALS 

2 HIGHWAY ROUTING. 

3 Within 180 days after the date of enactment of this 

4 Act, the Secretary of Transportation shall require each 

5 motor carrier that is required to have a hazardous mate6 rial safety permit under part 385 of title 49, Code of Fed7 eral Regulations, to maintain a written route plan that 

8 meets the requirements of section 397.101 of that title 

9 when transporting the type and quantity of hazardous ma10 terials described in section 385.403 of that title. 

11 SEC. 403. MOTOR CARRIER HIGH HAZARD MATERIAL 

12 TRACKING. 

13 (a) WIRELESS COMMUNICATIONS.—Within 2 years 

14 after the date of enactment of this Act, the Assistant Sec15 retary of Homeland Security (Transportation Security Ad16 ministration), in consultation with the Secretary of Trans17 portation, shall require, consistent with the recommenda18 tions and finding contained in the report on the Haz19 ardous Material Safety and Security Operation Field Test 

20 released by the Federal Motor Carrier Safety Administra21 tion on November 11, 2004, commercial motor vehicles 

22 transporting high hazard materials (as defined in section 

23 305(g) of this Act) in quantities equal to or greater than 

24 the quantities specified in subpart 171.800 of title 49, 

25 Code of Federal Regulations, to be equipped with wireless 


CCOLEMAN on PROD1PC71 with BILLS
61 

•S 1052 RS 

1 terrestrial or satellite communications technology that 

2 provides— 

3 (1) continuous communications; 

4 (2) vehicle position location and tracking capa5 bilities; and 

6 (3) a feature that allows a driver of such vehi7 cles to broadcast an emergency message. 

8 (b) EXEMPTIONS.—The Assistant Secretary may 

9 grant a 2-year waiver of this requirement for a motor car10 rier for the commercial motor vehicles it operates if— 

11 (1) adequate technology is not readily available; 

12 (2) available technology is not sufficiently reli13 able; or 

14 (3) the size of a motor carrier or the infre15 quency with which it transports high hazard mate16 rial shipments makes the requirement overly burden17 some. 

18 (c) ASSISTANCE PROGRAM.—The Assistant Secretary 

19 may develop an assistance program to provide technical 

20 guidance and grants to motor carriers who receive waivers 

21 under subsection (b)(3) to expedite compliance with sub22 section (a) of this section. 


CCOLEMAN on PROD1PC71 with BILLS
62 

•S 1052 RS 

1 SEC. 404. TRUCK LEASING SECURITY TRAINING GUIDE2 LINES. 

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 Federal Motor Carrier Safety Ad7 ministration, shall develop and make available in written 

8 or electronic form security training guidelines for short9 term truck leasing operations. 

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

11 guidelines shall— 

12 (1) include information for short-term truck 

13 leasing companies on the appropriate contents of 

14 employee security training efforts designed to enable 

15 employees to recognize terrorist threats and criminal 

16 activity; and 

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

18 the Assistant Secretary. 

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

20 each Federal maritime and land regional security man21 ager, shall hold public information and outreach sessions 

22 to present the truck leasing security training guidelines 

23 to short-term truck leasing companies. 

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

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

26 shall be made available to the Assistant Secretary of 


CCOLEMAN on PROD1PC71 with BILLS
63 

•S 1052 RS 

1 Homeland Security (Transportation Security Administra2 tion), to carry out this section $1,000,000 for fiscal year 

3 2006. 

4 SEC. 405. HAZARDOUS MATERIALS SECURITY INSPECTIONS 

5 AND ENFORCEMENT. 

6 (a) IN GENERAL.—The Assistant Secretary of Home7 land Security (Transportation Security Administration) 

8 shall establish a program within the Transportation Secu9 rity Administration, in consultation with the Secretary of 

10 Transportation, for reviewing hazardous materials secu11 rity plans required under part 172, title 49, Code of Fed12 eral Regulations, within 180 days after the date of enact13 ment of this Act. 

14 (b) CIVIL PENALTY.—The failure, by a shipper, car15 rier, or other person subject to part 172 of title 49, Code 

16 of Federal Regulations, to comply with any applicable sec17 tion of that part within 180 days after being notified by 

18 the Assistant Secretary of such failure to comply, is pun19 ishable by a civil penalty imposed by the Assistant Sec20 retary under title 49, United States Code. For purposes 

21 of this subsection, each day of noncompliance after the 

22 181st day following the date on which the pipeline oper23 ator received notice of the failure shall constitute a sepa24 rate failure. 


CCOLEMAN on PROD1PC71 with BILLS
64 

•S 1052 RS 

1 (c) COMPLIANCE REVIEW.—In reviewing the compli2 ance of hazardous materials shippers, carriers, or other 

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

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

5 Secretary shall utilize risk assessment methodologies to 

6 prioritize vulnerabilities and to target review and enforce7 ment actions to the most vulnerable and critical hazardous 

8 materials transportation operations. 

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

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

11 shall be made available to the Assistant Secretary of 

12 Homeland Security (Transportation Security Administra13 tion), to carry out this section— 

14 (1) $2,000,000 for fiscal year 2006; 

15 (2) $2,000,000 for fiscal year 2007; and 

16 (3) $2,000,000 for fiscal year 2008. 

17 SEC. 406. PIPELINE SECURITY AND INCIDENT RECOVERY 

18 PLAN. 

19 (a) IN GENERAL.—The Secretary of Homeland Secu20 rity, in consultation with the Secretary of Transportation 

21 and the Pipeline and Hazardous Materials Safety Admin22 istration, and in accordance with the Memorandum of Un23 derstanding Annex executed under section 408, shall de24 velop a Pipeline Security and Incident Recovery Protocols 

25 Plan. The plan shall include— 


CCOLEMAN on PROD1PC71 with BILLS
65 

•S 1052 RS 

1 (1) a plan for the Federal Government to pro2 vide increased security support to the most critical 

3 interstate and intrastate natural gas and hazardous 

4 liquid transmission pipeline infrastructure and oper5 ations as determined under section 407— 

6 (A) at high or severe security threat levels 

7 of alert; and 

8 (B) when specific security threat informa9 tion relating to such pipeline infrastructure or 

10 operations exists; and 

11 (2) an incident recovery protocol plan, devel12 oped in conjunction with interstate and intrastate 

13 transmission and distribution pipeline operators and 

14 terminals and facilities operators connected to pipe15 lines, to develop protocols to ensure the continued 

16 transportation of natural gas and hazardous liquids 

17 to essential markets and for essential public health 

18 or national defense uses in the event of an incident 

19 affecting the interstate and intrastate natural gas 

20 and hazardous liquid transmission and distribution 

21 pipeline system, which shall include protocols for 

22 granting access to pipeline operators for pipeline in23 frastructure repair, replacement or bypass following 

24 an incident. 


CCOLEMAN on PROD1PC71 with BILLS
66 

•S 1052 RS 

1 (b) EXISTING PRIVATE AND PUBLIC SECTOR EF2 FORTS.—The plan shall take into account actions taken 

3 or planned by both public and private entities to address 

4 identified pipeline security issues and assess the effective 

5 integration of such actions. 

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

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

8 and intrastate transmission and distribution pipeline oper9 ators, pipeline labor, first responders, shippers of haz10 ardous materials, State Departments of Transportation, 

11 public safety officials, and other relevant parties. 

12 (d) REPORT.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall transmit to the Committee on Commerce, 

16 Science, and Transportation of the Senate, the Com17 mittee on Homeland Security of the House of Rep18 resentatives, and the Committee on Transportation 

19 and Infrastructure of the House of Representatives 

20 a report containing the plan required by subsection 

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

22 any recommendations. 

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

24 report in both classified and redacted formats if the 


CCOLEMAN on PROD1PC71 with BILLS
67 

•S 1052 RS 

1 Secretary determines that such action is appropriate 

2 or necessary. 

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

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

5 shall be made available to the Secretary of Homeland Se6 curity to carry out this section $1,000,000 for fiscal year 

7 2006. 

8 SEC. 407. PIPELINE SECURITY INSPECTIONS AND EN9 FORCEMENT. 

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

11 of enactment of this Act the Assistant Secretary of Home12 land Security (Transportation Security Administration), 

13 in consultation with the Secretary of Transportation, shall 

14 establish a program within the Transportation Security 

15 Administration for reviewing pipeline operator adoption of 

16 recommendations in the September, 5, 2002, Department 

17 of Transportation Research and Special Programs Admin18 istration Pipeline Security Information Circular, including 

19 the review of pipeline security plans and critical facility 

20 inspections, as determined by the Assistant Secretary. 

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

22 after the date of enactment of this Act the Assistant Sec23 retary shall complete a review of the pipeline security plan 

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


CCOLEMAN on PROD1PC71 with BILLS
68 

•S 1052 RS 

1 critical pipeline operators, as determined by the Assistant 

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

3 (c) COMPLIANCE REVIEW METHODOLOGY.—In re4 viewing pipeline operator compliance under subsections (a) 

5 and (b), the Assistant Secretary shall utilize risk assess6 ment methodologies to prioritize vulnerabilities and to tar7 get inspection and enforcement actions to the most vulner8 able and critical pipeline assets. 

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

10 enactment of this Act, the Assistant Secretary shall issue 

11 security regulations for natural gas and hazardous liquid 

12 pipelines and pipeline facilities. The regulations should in13 corporate the guidance provided to pipeline operators by 

14 the September 5, 2002, Department of Transportation 

15 Research and Special Programs Administration’s Pipeline 

16 Security Information Circular and contain additional re17 quirements as necessary based upon the results of the in18 spections performed under subsection (b). The regulations 

19 shall include the imposition of civil penalties for non-com20 pliance. The Assistant Secretary shall publish a schedule 

21 of those civil penalties. 

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

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

24 shall be made available to the Assistant Secretary of 


CCOLEMAN on PROD1PC71 with BILLS
69 

•S 1052 RS 

1 Homeland Security (Transportation Security Administra2 tion), to carry out this section— 

3 (1) $2,000,000 for fiscal year 2006; 

4 (2) $2,000,000 for fiscal year 2007; and 

5 (3) $2,000,000 for fiscal year 2008. 

6 SEC. 408. MEMORANDUM OF AGREEMENT. 

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

8 the Secretary of Transportation and the Assistant Sec9 retary of Homeland Security (Transportation Security Ad10 ministration), shall execute and develop an annex to the 

11 memorandum of agreement between the two departments 

12 signed on September 28, 2004, governing the specific 

13 roles, delineations of responsibilities, resources and com14 mitments of the Department of Transportation and the 

15 Department of Homeland Security, respectively, in ad16 dressing pipeline security and hazardous material trans17 portation security matters, including the processes the de18 partments will follow to promote communications, effi19 ciency, and nonduplication of effort. 

20 SEC. 409. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM. 

21 (a) DEVELOPMENT.—The Secretary of Homeland Se22 curity, in conjunction with the Secretary of Transpor23 tation, shall develop a national public sector response sys24 tem to receive security alerts, emergency messages, and 

25 other information generated by various wireless terrestrial 


CCOLEMAN on PROD1PC71 with BILLS
70 

•S 1052 RS 

1 or satellite communications technologies used to track the 

2 transportation of high hazard materials which can provide 

3 accurate, timely, and actionable information to appro4 priate first responder, law enforcement and public safety, 

5 and homeland security officials, as appropriate, regarding 

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

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

8 consult with law enforcement and public safety officials, 

9 hazardous material shippers, motor carriers, railroads, or10 ganizations representing hazardous material employees, 

11 State transportation and hazardous materials officials, 

12 Operation Respond, and commercial motor vehicle and 

13 hazardous material safety groups. The development of the 

14 national public sector response system shall be based upon 

15 the public sector response center developed for the haz16 ardous material safety and security operational field test 

17 undertaken by the Federal Motor Carrier Safety Adminis18 tration. 

19 (b) CAPABILITY.—The national public sector re20 sponse system shall be able to receive, as appropriate— 

21 (1) negative driver verification alerts; 

22 (2) out-of-route alerts; 

23 (3) driver panic or emergency alerts; and 

24 (4) tampering or release alerts. 


CCOLEMAN on PROD1PC71 with BILLS
71 

•S 1052 RS 

1 (c) CHARACTERISTICS.—The national public sector 

2 response system shall— 

3 (1) be an exception-based system; 

4 (2) be integrated with other private and public 

5 sector operation reporting and response systems and 

6 all Federal homeland security threat analysis sys7 tems or centers (including the National Response 

8 Center); and 

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

10 alert notification messages. 

11 (d) CARRIER PARTICIPATION.—Within 180 days 

12 after the national public sector response system is oper13 ational, as determined by the Secretary, each motor car14 rier and railroad transporting high hazard materials, or 

15 entities acting on their behalf who receive such wireless 

16 communication alerts from motor carriers or railroads, 

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

18 the national public sector response system and vehicle or 

19 rail car location information to extent possible with the 

20 wireless communication technology used by the motor car21 rier or railroad. 

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

23 response system shall be designed to include an automated 

24 call-in system that allows commercial motor vehicle driv25 ers, railroad employees, and hazardous material employees 


CCOLEMAN on PROD1PC71 with BILLS
72 

•S 1052 RS 

1 involved in the transportation of high hazard materials to 

2 report accidents, threats, thefts, or other safety and secu3 rity risks or incidents to the national public sector re4 sponse system using cellular or other telephone tech5 nology. 

6 (f) DATA PRIVACY.—The national public sector re7 sponse system shall be designed to ensure appropriate pro8 tection of data and information relating to motor carriers 

9 and drivers. 

10 (g) REPORT.—Not later than 180 days after the date 

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

12 the Senate Committee on Commerce, Science, and Trans13 portation and the House of Representatives Committee on 

14 Transportation and Infrastructure a report on the esti15 mated total cost to establish and annually operate the na16 tional public sector response system under subsection (a), 

17 together with any recommendations for generating private 

18 sector participation and investment in the development 

19 and operation of the national public sector response sys20 tem. 

21 (h) 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— 

25 (1) $1,000,000 for fiscal year 2006; 


CCOLEMAN on PROD1PC71 with BILLS
73 

•S 1052 RS 

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

2 (3) $1,000,000 for fiscal year 2008. 

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

4 (a) IN GENERAL.—The Assistant Secretary of Home5 land Security (Transportation Security Administration), 

6 shall establish a program for making grants to private op7 erators of over-the-road buses for system-wide security im8 provements to their operations, including— 

9 (1) constructing and modifying terminals, ga10 rages, facilities, or over-the-road buses to assure 

11 their security; 

12 (2) protecting or isolating the driver; 

13 (3) acquiring, upgrading, installing, or oper14 ating equipment, software, or accessorial services for 

15 collection, storage, or exchange of passenger and 

16 driver information through ticketing systems or oth17 erwise, and information links with government agen18 cies; 

19 (4) training employees in recognizing and re20 sponding to security threats, evacuation procedures, 

21 passenger screening procedures, and baggage inspec22 tion; 

23 (5) hiring and training security officers; 


CCOLEMAN on PROD1PC71 with BILLS
74 

•S 1052 RS 

1 (6) installing cameras and video surveillance 

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

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

4 (7) creating a program for employee identifica5 tion or background investigation; 

6 (8) establishing and upgrading an emergency 

7 communications system linking operational head8 quarters, over-the-road buses, law enforcement, and 

9 emergency personnel; and 

10 (9) implementing and operating passenger 

11 screening programs at terminals and on over-the12 road buses. 

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

14 may be used to provide reimbursement to private opera15 tors of over-the-road buses for extraordinary security-re16 lated costs for improvements described in paragraphs (1) 

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

18 Secretary to have been incurred by such operators since 

19 September 11, 2001. 

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

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

22 90 percent. 

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

24 this section, the Assistant Secretary shall give due consid25 eration to private operators of over-the-road buses that 


CCOLEMAN on PROD1PC71 with BILLS
75 

•S 1052 RS 

1 have taken measures to enhance bus transportation secu2 rity from those in effect before September 11, 2001, and 

3 shall prioritize grant funding based on the magnitude and 

4 severity of the security threat to bus passengers and the 

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

6 threat. 

7 (e) GRANT REQUIREMENTS.—A grant under this sec8 tion shall be subject to all the terms and conditions that 

9 a grant is subject to under section 3038(f) of the Trans10 portation Equity Act for the 21st Century (49 U.S.C. 

11 5310 note; 112 Stat. 393). 

12 (f) PLAN REQUIREMENT.— 

13 (1) IN GENERAL.—The Assistant Secretary 

14 may not make a grant under this section to a pri15 vate operator of over-the-road buses until the oper16 ator has first submitted to the Assistant Secretary— 

17 (A) a plan for making security improve18 ments described in subsection (a) and the As19 sistant Secretary has approved the plan; and 

20 (B) such additional information as the As21 sistant Secretary may require to ensure ac22 countability for the obligation and expenditure 

23 of amounts made available to the operator 

24 under the grant. 


CCOLEMAN on PROD1PC71 with BILLS
76 

•S 1052 RS 

1 (2) COORDINATION.—To the extent that an ap2 plication for a grant under this section proposes se3 curity improvements within a specific terminal 

4 owned and operated by an entity other than the ap5 plicant, the applicant shall demonstrate to the satis6 faction of the Assistant Secretary that the applicant 

7 has coordinated the security improvements for the 

8 terminal with that entity. 

9 (g) OVER-THE-ROAD BUS DEFINED.—In this sec10 tion, the term ‘‘over-the-road bus’’ means a bus character11 ized by an elevated passenger deck located over a baggage 

12 compartment. 

13 (h) BUS SECURITY ASSESSMENT.— 

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

15 after the date of enactment of this Act, the Assist16 ant Secretary of Homeland Security (Transportation 

17 Security Administration), shall transmit to the Com18 mittee on Commerce, Science, and Transportation of 

19 the Senate, the Committee on Transportation and 

20 Infrastructure of the House of Representatives, a 

21 preliminary report in accordance with the require22 ments of this section. 

23 (2) CONTENTS OF PRELIMINARY REPORT.—The 

24 preliminary report shall include— 


CCOLEMAN on PROD1PC71 with BILLS
77 

•S 1052 RS 

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

2 security grant program; 

3 (B) an assessment of actions already taken 

4 to address identified security issues by both 

5 public and private entities and recommenda6 tions on whether additional safety and security 

7 enforcement actions are needed; 

8 (C) an assessment of whether additional 

9 legislation is needed to provide for the security 

10 of Americans traveling on over-the-road buses; 

11 (D) an assessment of the economic impact 

12 that security upgrades of buses and bus facili13 ties may have on the over-the-road bus trans14 portation industry and its employees; 

15 (E) an assessment of ongoing research and 

16 the need for additional research on over-the17 road bus security, including engine shut-off 

18 mechanisms, chemical and biological weapon de19 tection technology, and the feasibility of 

20 compartmentalization of the driver; and 

21 (F) an assessment of industry best prac22 tices to enhance security. 

23 (3) CONSULTATION WITH INDUSTRY, LABOR, 

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

25 the Assistant Secretary shall consult with over-theVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00077 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
78 

•S 1052 RS 

1 road bus management and labor representatives, 

2 public safety and law enforcement officials, and the 

3 National Academy of Sciences. 

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

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

6 shall be made available to the Assistant Secretary of 

7 Homeland Security (Transportation Security Administra8 tion), to carry out this section— 

9 (1) $50,000,000 for fiscal year 2006; 

10 (2) $50,000,000 for fiscal year 2007; and 

11 (3) $50,000,000 for fiscal year 2008. 

12 Amounts made available pursuant to this subsection shall 

13 remain available until expended. 

14 TITLE V—IMPROVED MARITIME 

15 SECURITY 

16 SEC. 501. ESTABLISHMENT OF ADDITIONAL JOINT OPER17 ATIONAL CENTERS FOR PORT SECURITY. 

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

19 cooperation, unity of command, and the sharing of intel20 ligence information in a common mission to provide great21 er protection for port and intermodal transportation sys22 tems against acts of terrorism, the Secretary of Homeland 

23 Security, acting through the Commandant of the Coast 

24 Guard, shall establish joint operational centers for port seVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00078 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
79 

•S 1052 RS 

1 curity at all Tier 1 ports to the extent practicable within 

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

3 (b) CHARACTERISTICS.—The joint operational cen4 ters shall— 

5 (1) be based on the most appropriate 

6 compositional and operational characteristics of the 

7 pilot project joint operational centers for port secu8 rity in Miami, Florida, Norfolk/Hampton Roads, 

9 Virginia, Charleston, South Carolina, and San 

10 Diego, California; 

11 (2) be adapted to meet the security needs, re12 quirements, and resources of the individual port area 

13 at which each is operating; 

14 (3) provide for participation by the United 

15 States Customs and Border Protection Agency, the 

16 Transportation Security Administration, the Depart17 ment of Defense, and other Federal agencies, as de18 termined to be appropriate by the Secretary of 

19 Homeland Security, and State and local law enforce20 ment or port security agencies and personnel; and 

21 (4) be incorporated in the implementation of— 

22 (A) maritime transportation security plans 

23 developed under section 70103 of title 46, 

24 United States Code; 


CCOLEMAN on PROD1PC71 with BILLS
80 

•S 1052 RS 

1 (B) maritime intelligence activities under 

2 section 70113 of that title; 

3 (C) short and long range vessel tracking 

4 under sections 70114 and 70115 of that title; 

5 (D) secure transportation systems under 

6 section 70116 of that title; 

7 (E) the Bureau of Customs and Border 

8 Protection’s screening and high-risk cargo in9 spection programs; and 

10 (F) the transportation security incident re11 sponse plans required by section 70104 of that 

12 title. 

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

14 this section relieves the Commandant of the Coast Guard 

15 from compliance with the requirements of section 807 of 

16 the Coast Guard and Maritime Transportation Act of 

17 2004. The Commandant shall utilize the information de18 veloped in making the report required by that section in 

19 carrying out the requirements of this section. 

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

21 180 days after the date of enactment of this Act, the Sec22 retary shall transmit to the Senate Committee on Com23 merce, Science, and Transportation and the House of Rep24 resentatives Committee on Transportation and Infrastruc25 ture a proposed budget analysis for implementing subVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00080 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
81 

•S 1052 RS 

1 section (a), including cost-sharing arrangements with 

2 other Federal departments and agencies involved in the 

3 joint operation of the centers. 

4 SEC. 502. AMTS PLAN TO INCLUDE SALVAGE RESPONSE 

5 PLAN. 

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

7 is amended— 

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

9 subparagraph (E); 

10 (2) by redesignating subparagraph (F) as sub11 paragraph (G); and 

12 (3) by inserting after subparagraph (E) the fol13 lowing: 

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

15 ‘‘(i) to identify salvage equipment ca16 pable of restoring operational trade capac17 ity; and 

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

19 through United States ports is re-estab20 lished as efficiently and quickly as possible 

21 after a transportation security incident.’’. 

22 SEC. 503. PRIORITY TO CERTAIN VESSELS IN POST-INCI23 DENT RESUMPTION OF TRADE. 

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

25 Code, is amended by inserting after ‘‘incident.’’ the folVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00081 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
82 

•S 1052 RS 

1 lowing: ‘‘The plan shall provide, to the extent practicable, 

2 preference in the reestablishment of the flow of cargo 

3 through United States ports after a transportation secu4 rity incident to— 

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

6 approved under subsection (c); and 

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

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

9 have undergone a background records check 

10 under section 70105(d) or who hold transpor11 tation security cards issued under section 

12 70105.’’. 

13 SEC. 504. ASSISTANCE FOR FOREIGN PORTS. 

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

15 States Code, is amended— 

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

17 ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.— 

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

19 Maritime Administration, in coordination with the 

20 Secretary of State and the Secretary of Energy, 

21 shall identify foreign assistance programs that could 

22 facilitate implementation of port security 

23 antiterrorism measures in foreign countries. The Ad24 ministrator and the Secretary shall establish a pro25 gram to utilize those programs that are capable of 


CCOLEMAN on PROD1PC71 with BILLS
83 

•S 1052 RS 

1 implementing port security antiterrorism measures 

2 at ports in foreign countries that the Secretary 

3 finds, under section 70108, to lack effective 

4 antiterrorism measures. 

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

6 in coordination with the Secretary of State and in 

7 consultation with the Organization of American 

8 States, shall place particular emphasis on utilizing 

9 programs to facilitate the implementation of port se10 curity antiterrorism measures at the ports located in 

11 the Caribbean Basin, as such ports pose unique se12 curity and safety threats to the United States due 

13 to— 

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

15 between South America and United States; 

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

17 and 

18 ‘‘(C) the significant number of shipments 

19 of narcotics to the United States that are 

20 moved through such ports.’’. 

21 (b) REPORT ON SECURITY AT PORTS IN THE CARIB22 BEAN BASIN.—Not later than 60 days after the date of 

23 enactment of this Act, the Secretary of Homeland Security 

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

25 Transportation of the Senate and Committee on TransVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00083 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
84 

•S 1052 RS 

1 portation and Infrastructure of the House of Representa2 tives a report on the security of ports in the Caribbean 

3 Basin. The report shall include the following: 

4 (1) An assessment of the effectiveness of the 

5 measures employed to improve security at ports in 

6 the Caribbean Basin and recommendations for any 

7 additional measures to improve such security. 

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

9 Caribbean Basin that will not be secured by January 

10 1, 2006, and an estimate of the financial impact in 

11 the United States of any action taken pursuant to 

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

13 affects trade between such ports and the United 

14 States. 

15 (3) An assessment of the additional resources 

16 and program changes that are necessary to maxi17 mize security at ports in the Caribbean Basin. 

18 SEC. 505. IMPROVED DATA USED FOR TARGETED CARGO 

19 SEARCHES. 

20 (a) IN GENERAL.—In order to provide the best pos21 sible data for the automated target system that identifies 

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

23 Security shall require importers shipping goods to the 

24 United State via cargo container to supply entry data 


CCOLEMAN on PROD1PC71 with BILLS
85 

•S 1052 RS 

1 under the advance notification requirements under section 

2 4.7 of the Customs Regulations (19 C.F.R. 4.7). 

3 (b) DEADLINE.—The requirement imposed under 

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

5 31, 2006. 

6 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

7 are authorized to be appropriated to the Secretary of 

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

9 2006, 2007, and 2008 to carry out the automated tar10 geting system program to identify high-risk oceanborne 

11 container cargo for inspection. The amounts authorized by 

12 this subsection shall be in addition to any other amounts 

13 authorized to be appropriated to carry out that program. 

14 (d) EVALUATION BY COMPTROLLER GENERAL.— 

15 (1) IN GENERAL.—The Comptroller General 

16 shall evaluate action taken by the Department of 

17 Homeland Security to address the deficiencies in its 

18 automated targeting system strategy identified in 

19 the Government Accountability Office’s report enti20 tled ‘‘Homeland Security Challenges Remain in the 

21 Targeting of Oceangoing Cargo Containers for In22 spection’’ (GAO-04-352NI). In making the evalua23 tion, the Comptroller General shall assess whether 

24 all key elements of a risk management framework 


CCOLEMAN on PROD1PC71 with BILLS
86 

•S 1052 RS 

1 and recognized modeling practices have been incor2 porated in the Department’s strategy, including— 

3 (A) threat, criticality, vulnerability, and 

4 risk assessments; 

5 (B) external peer review of the automated 

6 targeting system; 

7 (C) a mandatory random sampling pro8 gram; 

9 (D) simulated events to test the targeting 

10 strategy; and 

11 (E) effectiveness reviews of risk mitigation 

12 actions. 

13 (2) REPORT.—The Comptroller General shall 

14 transmit a report to the Senate Committee on Com15 merce, Science, and Transportation and the House 

16 of Representatives Committee on Transportation 

17 and Infrastructure within 1 year after the date of 

18 enactment of this Act containing the results of the 

19 evaluation, together with any recommendations the 

20 Comptroller General deems appropriate. 

21 SEC. 506. INCREASE IN NUMBER OF CUSTOMS INSPECTORS 

22 ASSIGNED OVERSEAS. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity shall substantially increase the number of United 

25 States Customs Service inspectors assigned to duty outVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00086 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
87 

•S 1052 RS 

1 side the United States under the Container Security Ini2 tiative of the United States Customs Service with respon3 sibility for inspecting intermodal shipping containers being 

4 shipped to the United States. 

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

6 (a) the Secretary of Homeland Security shall determine 

7 the appropriate level for assignment and density of cus8 toms inspectors at selected international port facilities by 

9 a threat, vulnerability, and risk analysis which, at a min10 imum, considers— 

11 (1) the volume of containers shipped; 

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

13 in both manning and providing equipment and re14 sources; 

15 (3) terrorist intelligence known of importer ven16 dors, suppliers or manufactures; and 

17 (4) other criteria as determined in consult with 

18 experts in the shipping industry, terrorism, and 

19 shipping container security. 

20 (c) MINIMUM NUMBER.—The total number of cus21 toms inspectors assigned to international port facilities 

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

23 of the threat, vulnerability, and risk assessment analysis 

24 which is validated by the Administrator of the TransporVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00087 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
88 

•S 1052 RS 

1 tation Security Administration within 180 days after the 

2 date of enactment of this Act. 

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

4 Senate Committee on Commerce, Science, and Transpor5 tation and the House of Representatives Committee on 

6 Transportation and Infrastructure, with timelines, for 

7 phasing inspectors into selected port facilities within 180 

8 days after the enactment of this Act. 

9 SEC. 507. RANDOM INSPECTION OF CONTAINERS. 

10 (a) IN GENERAL.—The Under Secretary of Home11 land Security for Border and Transportation Security 

12 shall develop and implement a plan for random inspection 

13 of shipping containers in addition to any targeted or pre14 shipment inspection of such containers required by law or 

15 regulation or conducted under any other program con16 ducted by the Under Secretary. 

17 (b) CIVIL PENALTY FOR ERRONEOUS MANIFEST.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), if the Under Secretary determines on the 

20 basis of an inspection conducted under subsection 

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

22 of a shipping container and the manifest for that 

23 container, the Under Secretary may impose a civil 

24 penalty. 


CCOLEMAN on PROD1PC71 with BILLS
89 

•S 1052 RS 

1 (2) MANIFEST DISCREPANCY REPORTING.—The 

2 Under Secretary may not impose a civil penalty 

3 under paragraph (1) if a manifest discrepancy re4 port is filed with respect to the discrepancy within 

5 the time limits established by Customs Directive No. 

6 3240–067A (or any subsequently issued directive 

7 governing the matters therein) for filing a manifest 

8 discrepancy report. 

9 SEC. 508. CARGO SECURITY. 

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

11 States Code, is amended— 

12 (1) by redesignating the second section 70118 

13 (relating to firearms, arrests, and seizure of prop14 erty), as added by section 801(a) of the Coast Guard 

15 and Maritime Transportation Act of 2004, as sec16 tion 70119; 

17 (2) by redesignating the first section 70119 (re18 lating to enforcement by State and local officers), as 

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

20 Maritime Transportation Act of 2004, as section 

21 70120; 

22 (3) by redesignating the second section 70119 

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

24 802(a)(1) of the Coast Guard and Maritime Trans25 portation Act of 2004, as section 70122; and 


CCOLEMAN on PROD1PC71 with BILLS
90 

•S 1052 RS 

1 (4) by inserting after section 70120 the fol2 lowing: 

3 ‘‘§ 70121. Container security initiative 

4 ‘‘(a) IN GENERAL.—Pursuant to the standards estab5 lished under subsection (b)(1) of section 70116— 

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

7 promulgate standards and procedures for— 

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

9 port intended for shipment to the United States 

10 by physical examination or nonintrusive exam11 ination by technological means; and 

12 ‘‘(B) evaluating and screening cargo prior 

13 to loading in a foreign port for shipment to the 

14 United States, either directly or via a foreign 

15 port; and 

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

17 Protection shall— 

18 ‘‘(A) execute inspection and screening pro19 tocols with authorities in foreign ports to en20 sure that the standards and procedures promul21 gated under paragraph (1) are implemented in 

22 an effective manner; and 

23 ‘‘(B) in consultation with the Transpor24 tation Security Oversight Board, develop and 

25 maintain an antiterrorism cargo identification, 


CCOLEMAN on PROD1PC71 with BILLS
91 

•S 1052 RS 

1 tracking, and screening system for container2 ized cargo shipped to and from the United 

3 States, either directly or via a foreign port. 

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

5 are authorized to be appropriated to the Secretary of 

6 Homeland Security such sums as may be necessary to 

7 carry out this section.’’. 

8 (b) CONFORMING AMENDMENTS.— 

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

10 46, United States Code, is amended by striking the 

11 items following the item relating to section 70116 

12 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’’. 

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

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

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

16 inserting ‘‘section 70122’’. 

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

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

19 ‘‘under that section,’’. 

20 (4) Section 111 of the Maritime Transportation 

21 Security Act of 2002 is repealed. 


CCOLEMAN on PROD1PC71 with BILLS
92 

•S 1052 RS 

1 SEC. 509. SECURE SYSTEMS OF INTERNATIONAL INTER2 MODAL TRANSPORTATION. 

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

4 United States Code, is amended— 

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

6 ‘‘transportation— 

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

8 shipments of goods to the United States from the 

9 point at which such goods are initially packed or 

10 loaded for international shipment until they reach 

11 their ultimate destination; and 

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

13 through the entire supply chain through an expe14 dited security and clearance program.’’. 

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

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

17 follows: 

18 ‘‘(b) PROGRAM ELEMENTS.—In establishing and con19 ducting the program under subsection (a) the Assistant 

20 Secretary shall— 

21 ‘‘(1) establish standards and procedures for 

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

23 a cargo container for shipping, that the container is 

24 free of unauthorized hazardous chemical, biological, 

25 or nuclear material and for securely sealing such 

26 containers after the contents are so verified; 


CCOLEMAN on PROD1PC71 with BILLS
93 

•S 1052 RS 

1 ‘‘(2) establish standards and procedures for se2 curing cargo and monitoring that security while in 

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

4 point at which it is finally unloaded; 

5 ‘‘(3) develop performance standards to enhance 

6 the physical security of shipping containers, includ7 ing performance standards for seals and locks as 

8 part of the container security initiative; 

9 ‘‘(4) establish standards and procedures for allow10 ing the United States Government to ensure and 

11 validate compliance with this program; and 

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

13 Secretary considers necessary to ensure the security 

14 and integrity of international intermodal transport 

15 movements.’’. 

16 (c) PORT SECURITY USER FEE STUDY.—The Sec17 retary of Homeland Security shall conduct a study of the 

18 feasibility and desirability of establishing a system of 

19 oceanborne and port-related intermodal transportation 

20 user fees that could be imposed and collected as a dedi21 cated revenue source, on a temporary or continuing basis, 

22 to provide necessary funding for the improvement and 

23 maintenance of enhanced port security. The Assistant Sec24 retary shall submit a report containing the Assistant Sec25 retary’s findings, conclusions, and recommendations (inVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00093 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
94 

•S 1052 RS 

1 cluding legislative recommendations if appropriate) to the 

2 Senate Committee on Commerce, Science, and Transpor3 tation and the House of Representatives Committee on 

4 Transportation and Infrastructure within 1 year after 

5 date of enactment of this Act. 

6 SEC. 510. TECHNOLOGY FOR MARITIME TRANSPORTATION 

7 SECURITY. 

8 (a) MINIMUM TECHNOLOGY IMPLEMENTATION AU9 THORIZATION.—Section 70107(i)(2)(B) of title 46, United 

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

11 ‘‘Secretary’’. 

12 (b) SET-ASIDES FOR RESEARCH AND DEVELOP13 MENT.—Notwithstanding any provision of law to the con14 trary, in the administration of the Department of Home15 land Security, the Secretary of Homeland Security shall 

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

17 of enactment of this Act, not less than— 

18 (1) 8 percent of the amounts appropriated to 

19 the Transportation Security Administration and the 

20 Directorate of Science and Technology for research 

21 and development for the fiscal year are obligated or 

22 expended for maritime security related projects or 

23 programs; and 


CCOLEMAN on PROD1PC71 with BILLS
95 

•S 1052 RS 

1 (2) 2 percent of such amounts are obligated or 

2 expended for rail security related projects or pro3 grams. 

4 (c) STRATEGIC PLAN.— 

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

6 date of enactment of this Act, the Secretary of 

7 Homeland Security shall promulgate a strategic plan 

8 for transportation research and development. The 

9 Secretary shall update the plan no less frequently 

10 than every 2 years thereafter. 

11 (2) CONTENTS.—In the strategic plan, the Sec12 retary shall— 

13 (A) ensure that the research needs for se14 curity of all modes of transportation, including 

15 aviation, maritime, rail, pipeline, and transit se16 curity, are addressed; 

17 (B) identify goals and include measurable 

18 objectives; 

19 (C) include an adequate amount of basic 

20 research; 

21 (D) define the research and development 

22 roles of the Transportation Security Adminis23 tration and the Directorate of Science and 

24 Technology, respectively, to ensure that— 

25 (i) they are aligned; 


CCOLEMAN on PROD1PC71 with BILLS
96 

•S 1052 RS 

1 (ii) the efficient use of research funds 

2 is maximized; and 

3 (iii) duplication of projects is pre4 vented or minimized; 

5 (E) coordinate transportation research and 

6 development under the plan with the transpor7 tation research and development activities of 

8 other Federal agencies, including the Depart9 ment of Transportation and the National Aero10 nautics and Space Administration; and 

11 (F) base the plan on vulnerability and 

12 criticality assessments. 

13 (3) ANNUAL EVALUATION.—The Homeland Se14 curity Science and Technology Advisory Committee 

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

16 measure progress under the plan against the goals 

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

18 transportation security research program under the 

19 plan. 

20 (4) ANNUAL REPORT TO CONGRESS.—The Sec21 retary shall transmit a copy of the strategic plan, 

22 and any revisions of that plan, and a copy of the an23 nual evaluations and recommendations made by the 

24 Advisory Committee to the Congress. 


CCOLEMAN on PROD1PC71 with BILLS
97 

•S 1052 RS 

1 (d) NIST TRANSPORTATION SECURITY PROGRAM.— 

2 The Secretary of Homeland Security may transfer up to 

3 $15,000,000 each fiscal year to the National Institute of 

4 Science and Technology to be obligated or expended for 

5 a focused program in transportation security under sec6 tion 28 of the National Institute of Science and Tech7 nology Act (15 U.S.C. 278n). 

8 (e) SECURE WORKFORCE INITIATIVE.—Section 

9 70107 of title 46, United States Code, is amended by add10 ing at the end the following: 

11 ‘‘(j) SECURE WORKFORCE INITIATIVE.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall develop 

13 a program in conjunction with technical and commu14 nity colleges to train port security workforces. The 

15 program shall focus on teaching port workers to uti16 lize new technologies and processes to improve port 

17 security through the use of screening technologies, 

18 information technologies, detection devices, incident 

19 response training, and other advanced technologies. 

20 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

21 There are authorized to be appropriated to the Sec22 retary of Homeland Security $15,000,000 for each 

23 of fiscal years 2005 through 2009 to carry out the 

24 program developed under paragraph (1).’’. 


CCOLEMAN on PROD1PC71 with BILLS
98 

•S 1052 RS 

1 (f) ESTABLISHMENT OF COMPETITIVE RESEARCH

2 PROGRAM.— 

3 (1) IN GENERAL.—Title III of the Homeland 

4 Security Act of 2002 (6 U.S.C. 181 et seq.) is 

5 amended by adding at the end the following: 

6 ‘‘SEC. 314. COMPETITIVE RESEARCH PROGRAM. 

7 ‘‘(a) IN GENERAL.— 

8 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

9 through the Under Secretary for Science and Tech10 nology, shall establish a competitive research pro11 gram within the Directorate. 

12 ‘‘(2) DIRECTOR.—The program shall be headed 

13 by a Director, who shall be appointed by the Sec14 retary. The Director shall report to the Under Sec15 retary. 

16 ‘‘(3) DUTIES OF DIRECTOR.—In the adminis17 tration of the program, the Director shall— 

18 ‘‘(A) establish a cofunding mechanism for 

19 States with academic facilities that have not 

20 fully developed security-related science and 

21 technology to support burgeoning research ef22 forts by the faculty or link them to established 

23 investigators; 

24 ‘‘(B) provide for conferences, workshops, 

25 outreach, and technical assistance to researchVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00098 Fmt 6652 Sfmt 6401 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
99 

•S 1052 RS 

1 ers and institutions of higher education in 

2 States on topics related to developing science 

3 and technology expertise in areas of high inter4 est and relevance to the Department; 

5 ‘‘(C) monitor the efforts of States to de6 velop programs that support the Department’s 

7 mission; 

8 ‘‘(D) implement a merit review program, 

9 consistent with program objectives, to ensure 

10 the quality of research conducted with Program 

11 funding; and 

12 ‘‘(E) provide annual reports on the 

13 progress and achievements of the Program to 

14 the Secretary. 

15 ‘‘(b) ASSISTANCE UNDER THE PROGRAM.— 

16 ‘‘(1) SCOPE.—The Director shall provide assist17 ance under the program for research and develop18 ment projects that are related to, or qualify as, 

19 homeland security research (as defined in section 

20 307(a)(2)) under the program. 

21 ‘‘(2) FORM OF ASSISTANCE.—Assistance under 

22 the program can take the form of grants, contracts, 

23 or cooperative arrangements. 

24 ‘‘(3) APPLICATIONS.—Applicants shall submit 

25 proposals or applications in such form, at such 


CCOLEMAN on PROD1PC71 with BILLS
100 

•S 1052 RS 

1 times, and containing such information as the Direc2 tor may require. 

3 ‘‘(c) IMPLEMENTATION.— 

4 ‘‘(1) START-UP PHASES.—For the first 3 fiscal 

5 years beginning after the date of enactment of the 

6 Border Infrastructure and Technology Integration 

7 Act of 2004, assistance under the program shall be 

8 limited to institutions of higher education located in 

9 States in which an institution of higher education 

10 with a grant from, or a contract or cooperative 

11 agreement with, the National Science Foundation 

12 under section 113 of the National Science Founda13 tion Act of 1988 (42 U.S.C. 1862) is located. 

14 ‘‘(2) SUBSEQUENT FISCAL YEARS.— 

15 ‘‘(A) IN GENERAL.—Beginning with the 

16 4th fiscal year after the date of enactment of 

17 this Act, the Director shall rank order the 

18 States (excluding any noncontiguous State (as 

19 defined in section 2(14)) other than Alaska, 

20 Hawaii, the Commonwealth of Puerto Rico, and 

21 the Virgin Islands) in descending order in terms 

22 of the average amount of funds received by in23 stitutions of higher education (as that term is 

24 defined in section 101(a) of the Higher Edu25 cation Act of 1965 (20 U.S.C. 1001(a)) in each 


CCOLEMAN on PROD1PC71 with BILLS
101 

•S 1052 RS 

1 State that received financial assistance in the 

2 form of grants, contracts, or cooperative ar3 rangements under this title during each of the 

4 preceding 3 fiscal years. 

5 ‘‘(B) ALLOCATION.—Beginning with the 

6 4th fiscal year after the date of enactment of 

7 this Act, assistance under the program for any 

8 fiscal year is limited to institutions of higher 

9 education located in States in the lowest third 

10 of those ranked under subparagraph (A) for 

11 that fiscal year. 

12 ‘‘(C) DETERMINATION OF LOCATION.—For 

13 purposes of this paragraph, an institution of 

14 higher education shall be considered to be lo15 cated in the State in which its home campus is 

16 located, except that assistance provided under 

17 the program to a division, institute, or other fa18 cility located in another State for use in that 

19 State shall be considered to have been provided 

20 to an institution of higher education located in 

21 that other State. 

22 ‘‘(D) MULTIYEAR ASSISTANCE.—For pur23 poses of this paragraph, assistance under the 

24 program that is provided on a multi-year basis 


CCOLEMAN on PROD1PC71 with BILLS
102 

•S 1052 RS 

1 shall be counted as provided in each such year 

2 in the amount so provided for that year. 

3 ‘‘(d) FUNDING.—The Secretary shall ensure that no 

4 less than 5 percent of the amount appropriated for each 

5 fiscal year to the Acceleration Fund for Research and De6 velopment of Homeland Security Technologies established 

7 by section 307(c)(1) is allocated to the program estab8 lished by subsection (a).’’. 

9 (2) CONFORMING AMENDMENT.—The table of 

10 contents of the Homeland Security Act of 2002 is 

11 amended by inserting after the item relating to sec12 tion 313 the following: 

‘‘Sec. 314. Competitive research program.’’. 

13 SEC. 511. DEADLINE FOR TRANSPORTATION SECURITY 

14 CARDS. 

15 The Secretary shall issue a final rule under section 

16 70105 of title 46, United States Code, no later than Janu17 ary 1, 2006. 

18 SEC. 512. EVALUATION AND REPORT. 

19 Within 90 days after the date of enactment of this 

20 Act the Secretary of Homeland Security shall transmit a 

21 report to the Senate Committee on Commerce, Science, 

22 and Transportation and the House of Representatives 

23 Committee on Transportation and Infrastructure con24 taining— 


CCOLEMAN on PROD1PC71 with BILLS
103 

•S 1052 RS 

1 (1) an evaluation of the Operation Safe Com2 merce program and the Customs-Trade Partnership 

3 Against Terrorism program; 

4 (2) a report on the establishment and imple5 mentation of performance standards for oceanborne 

6 and intermodal cargo seals and locks under section 

7 70116(b) of title 46, United States Code; 

8 (3) a report on progress made and current 

9 operational practices for monitoring oceanborne 

10 cargo through the entire supply chain; 

11 (4) recommendations as to how the practices, 

12 programs, and procedures can be further integrated 

13 into a wider screening network for oceanborne cargo 

14 that can be applied on an international basis; 

15 (5) recommendations as to how inspection and 

16 screening procedures developed for oceanborne cargo 

17 might be adapted for application to the shipment of 

18 domestically-produced cargo within the United 

19 States; 

20 (6) a status report on progress in preparing the 

21 plan for implementing secure systems of transpor22 tation required by section 809(c) of the Coast Guard 

23 and Maritime Transportation Act of 2004 (Pub. L. 

24 108–293; 118 Stat. 1086); 


CCOLEMAN on PROD1PC71 with BILLS
104 

•S 1052 RS 

1 (7) a report on the security of noncontainerized 

2 cargo including roll-on roll-off cargo, break bulk 

3 cargo, and liquid and dry bulk cargo; and 

4 (8) a report on whether the increased use of 

5 waterborne transportation in the domestic movement 

6 of hazardous materials would be an effective and ef7 ficient means to enhance the safety of hazardous 

8 material shipments. 

9 SEC. 513. PORT SECURITY GRANTS. 

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

11 46, United States Code, is amended by striking ‘‘for mak12 ing a fair and equitable allocation of funds’’ and inserting 

13 ‘‘based on risk and vulnerability’’. 

14 (b) LETTERS OF INTENT.—Section 70107(e) of title 

15 46, United States Code, is amended by adding at the end 

16 the following: 

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

18 execute letters of intent to commit funding to port 

19 sponsors from the Fund.’’. 

20 SEC. 514. WORK STOPPAGES AND EMPLOYEE-EMPLOYER 

21 DISPUTES. 

22 Section 70101(6) is amended by inserting after 

23 ‘‘area.’’ the following: ‘‘In this paragraph, the term ‘eco24 nomic disruption’ does not include a work stoppage or 


CCOLEMAN on PROD1PC71 with BILLS
105 

•S 1052 RS 

1 other nonviolent employee-related action resulting from an 

2 employee-employer dispute.’’. 

3 SEC. 515. APPEAL OF DENIAL OF WAIVER FOR TRANSPOR4 TATION SECURITY CARD. 

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

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

7 (2)’’ after ‘‘card’’. 

8 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

12 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—AUTHORIZATIONS 

Sec. 101. Transportation Security Administration authorization. 

Sec. 102. Department of Transportation authorization. 

Sec. 103. Technology for transportation security. 

Sec. 104. Reorganizations. 

Sec. 105. TSA acquisition management policy. 

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. Employee retention internship program. 

Sec. 204. Repair station security. 

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. 


CCOLEMAN on PROD1PC71 with BILLS
106 

•S 1052 RS 

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. Public awareness. 

Sec. 316. Railroad high hazard material tracking. 

TITLE IV—IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS 

MATERIAL SECURITY 

Sec. 401. Written plans for hazardous materials highway routing. 

Sec. 402. Motor carrier high hazard material tracking. 

Sec. 403. Truck leasing security training guidelines. 

Sec. 404. Hazardous materials security inspections and enforcement. 

Sec. 405. Truck security assessment. 

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 interagency operational centers for port security. 

Sec. 502. Area maritime transportation security plan to include salvage response 

plan. 

Sec. 503. Post-incident resumption of trade. 

Sec. 504. Assistance for foreign ports. 

Sec. 505. Improved data for targeted cargo searches. 

Sec. 506. Technical requirements for non-intrusive inspection equipment. 

Sec. 507. Random inspection of containers. 

Sec. 508. Cargo security. 

Sec. 509. Secure systems of international intermodal transportation. 

Sec. 510. Port security user fee study. 

Sec. 511. Deadline for transportation security cards. 

Sec. 512. Port security grants. 

Sec. 513. Customs-Trade Partnership Against Terrorism security validation program. 

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

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

Sec. 516. Inspection of car ferries entering from Canada. 

1 TITLE I—AUTHORIZATIONS 

2 SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION 

3 AUTHORIZATION. 

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

5 by adding at the end thereof the following: 


CCOLEMAN on PROD1PC71 with BILLS
107 

•S 1052 RS 

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

2 are authorized to be appropriated to the Secretary of Home3 land Security— 

4 ‘‘(1) for Aviation Security— 

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

6 ‘‘(B) $5,250,000,000 for fiscal year 2008; 

7 and 

8 ‘‘(C) $5,500,000,000 for fiscal year 2009; 

9 ‘‘(2) for Surface Transportation Security— 

10 ‘‘(A) $265,000,000 for fiscal year 2007; 

11 ‘‘(B) $228,000,000 for fiscal year 2008; and 

12 ‘‘(C) $230,000,000 for fiscal year 2009; 

13 ‘‘(3) for Intelligence— 

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

15 ‘‘(B) $32,000,000 for fiscal year 2008; and 

16 ‘‘(C) $34,000,000 for fiscal year 2009; 

17 ‘‘(4) for Research and Development— 

18 ‘‘(A) $65,000,000 for fiscal year 2007; 

19 ‘‘(B) $67,000,000 for fiscal year 2008; and 

20 ‘‘(C) $69,000,000 for fiscal year 2009; and 

21 ‘‘(5) for Administration— 

22 ‘‘(A) $530,000,000 for fiscal year 2007; 

23 ‘‘(B) $535,000,000 for fiscal year 2008; 

24 andI24 ‘‘(C) $540,000,000 for fiscal year 

25 2009.’’. 


CCOLEMAN on PROD1PC71 with BILLS
108 

•S 1052 RS 

1 SEC. 102. DEPARTMENT OF TRANSPORTATION AUTHORIZA2 TION. 

3 There are authorized to be appropriated to the Sec4 retary of Transportation to carry out title III of this Act 

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

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

7 (1) $225,000,000 for fiscal year 2007; 

8 (2) $223,000,000 for fiscal year 2008; and 

9 (3) $223,000,000 for fiscal year 2009. 

10 SEC. 103. TECHNOLOGY FOR TRANSPORTATION SECURITY. 

11 (a) MINIMUM TECHNOLOGY IMPLEMENTATION AU12 THORIZATION.—Section 70107(i)(2)(B) of title 46, United 

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

14 ‘‘Secretary’’. 

15 (b) SET-ASIDES FOR RESEARCH AND DEVELOP16 MENT.—Notwithstanding any provision of law to the con17 trary, in the administration of the Department of Home18 land Security, the Secretary of Homeland Security shall 

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

20 of enactment of this Act, not less than— 

21 (1) 8 percent of the amounts appropriated to the 

22 Transportation Security Administration and the Di23 rectorate of Science and Technology for research and 

24 development for the fiscal year are obligated or ex25 pended for maritime security related projects or pro26 grams, including ferry systems; 


CCOLEMAN on PROD1PC71 with BILLS
109 

•S 1052 RS 

1 (2) 2 percent of such amounts are obligated or 

2 expended for rail security related projects or pro3 grams. 

4 (c) STRATEGIC PLAN.— 

5 (1) IN GENERAL.—Within 120 days after the 

6 date of enactment of this Act, the Secretary of Home7 land Security shall promulgate a strategic plan for 

8 transportation research and development. The Sec9 retary shall update the plan no less frequently than 

10 every 2 years thereafter. 

11 (2) CONTENTS.—In the strategic plan, the Sec12 retary shall— 

13 (A) ensure that the research needs for secu14 rity of all modes of transportation, including 

15 aviation, maritime, rail, pipeline, and transit 

16 security, are addressed; 

17 (B) identify goals and include measurable 

18 objectives; 

19 (C) include an adequate amount of basic re20 search; 

21 (D) define the research and development 

22 roles of the Transportation Security Administra23 tion and the Directorate of Science and Tech24 nology, respectively, to ensure that— 

25 (i) they are aligned; 


CCOLEMAN on PROD1PC71 with BILLS
110 

•S 1052 RS 

1 (ii) the efficient use of research funds 

2 is maximized; and 

3 (iii) duplication of projects is pre4 vented or minimized; 

5 (E) coordinate transportation research and 

6 development under the plan with the transpor7 tation research and development, including 

8 interoperable communications, activities of other 

9 Federal agencies, including the Department of 

10 Transportation and the National Aeronautics 

11 and Space Administration; and 

12 (F) base the plan on vulnerability and 

13 criticality assessments. 

14 (3) ANNUAL EVALUATION.—The Homeland Secu15 rity Science and Technology Advisory Committee 

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

17 measure progress under the plan against the goals set 

18 forth in the plan, and recommend changes to the 

19 transportation security research program under the 

20 plan. 

21 (4) ANNUAL REPORT TO CONGRESS.—The Sec22 retary shall transmit a copy of the strategic plan, and 

23 any revisions of that plan, and a copy of the annual 

24 evaluations and recommendations made by the Advi25 sory Committee to the Congress. 


CCOLEMAN on PROD1PC71 with BILLS
111 

•S 1052 RS 

1 (d) NIST TRANSPORTATION SECURITY PROGRAM.— 

2 The Secretary of Homeland Security may transfer up to 

3 $15,000,000 each fiscal year to the National Institute of 

4 Science and Technology to be obligated or expended for a 

5 focused program in transportation security under section 

6 28 of the National Institute of Science and Technology Act 

7 (15 U.S.C. 278n). 

8 (e) ESTABLISHMENT OF COMPETITIVE RESEARCH

9 PROGRAM.— 

10 (1) IN GENERAL.—Title III of the Homeland Se11 curity Act of 2002 (6 U.S.C. 181 et seq.) is amended 

12 by adding at the end the following: 

13 ‘‘SEC. 314. COMPETITIVE RESEARCH PROGRAM. 

14 ‘‘(a) IN GENERAL.— 

15 ‘‘(1) ESTABLISHMENT.—The Secretary, acting 

16 through the Under Secretary for Science and Tech17 nology, shall establish a competitive research program 

18 within the Directorate. 

19 ‘‘(2) DIRECTOR.—The program shall be headed 

20 by a Director, who shall be appointed by the Sec21 retary. The Director shall report to the Under Sec22 retary. 

23 ‘‘(3) DUTIES OF DIRECTOR.—In the administra24 tion of the program, the Director shall— 


CCOLEMAN on PROD1PC71 with BILLS
112 

•S 1052 RS 

1 ‘‘(A) establish a cofunding mechanism for 

2 States with academic facilities that have not 

3 fully developed security-related science and tech4 nology to support burgeoning research efforts by 

5 the faculty or link them to established investiga6 tors; 

7 ‘‘(B) provide for conferences, workshops, 

8 outreach, and technical assistance to researchers 

9 and institutions of higher education in States on 

10 topics related to developing science and tech11 nology expertise in areas of high interest and rel12 evance to the Department; 

13 ‘‘(C) monitor the efforts of States to develop 

14 programs that support the Department’s mis15 sion; 

16 ‘‘(D) implement a merit review program, 

17 consistent with program objectives, to ensure the 

18 quality of research conducted with Program 

19 funding; and 

20 ‘‘(E) provide annual reports on the progress 

21 and achievements of the Program to the Sec22 retary. 

23 ‘‘(b) ASSISTANCE UNDER THE PROGRAM.— 

24 ‘‘(1) SCOPE.—The Director shall provide assist25 ance under the program for research and development 


CCOLEMAN on PROD1PC71 with BILLS
113 

•S 1052 RS 

1 projects that are related to, or qualify as, homeland 

2 security research (as defined in section 307(a)(2)) 

3 under the program. 

4 ‘‘(2) FORM OF ASSISTANCE.—Assistance under 

5 the program can take the form of grants, contracts, or 

6 cooperative arrangements. 

7 ‘‘(3) APPLICATIONS.—Applicants shall submit 

8 proposals or applications in such form, at such times, 

9 and containing such information as the Director may 

10 require. 

11 ‘‘(c) IMPLEMENTATION.— 

12 ‘‘(1) START-UP PHASES.—For the first 3 fiscal 

13 years beginning after the date of enactment of the 

14 Border Infrastructure and Technology Integration Act 

15 of 2004, assistance under the program shall be limited 

16 to institutions of higher education located in States 

17 in which an institution of higher education with a 

18 grant from, or a contract or cooperative agreement 

19 with, the National Science Foundation under section 

20 113 of the National Science Foundation Act of 1988 

21 (42 U.S.C. 1862) is located. 

22 ‘‘(2) SUBSEQUENT FISCAL YEARS.— 

23 ‘‘(A) IN GENERAL.—Beginning with the 4th 

24 fiscal year after the date of enactment of this 

25 Act, the Director shall rank order the States (exVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00113 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
114 

•S 1052 RS 

1 cluding any noncontiguous State (as defined in 

2 section 2(14)) other than Alaska, Hawaii, the 

3 Commonwealth of Puerto Rico, and the Virgin 

4 Islands) in descending order in terms of the av5 erage amount of funds received by institutions of 

6 higher education (as that term is defined in sec7 tion 101(a) of the Higher Education Act of 1965 

8 (20 U.S.C. 1001(a)) in each State that received 

9 financial assistance in the form of grants, con10 tracts, or cooperative arrangements under this 

11 title during each of the preceding 3 fiscal years. 

12 ‘‘(B) ALLOCATION.—Beginning with the 4th 

13 fiscal year after the date of enactment of this 

14 Act, assistance under the program for any fiscal 

15 year is limited to institutions of higher edu16 cation located in States in the lowest third of 

17 those ranked under subparagraph (A) for that 

18 fiscal year. 

19 ‘‘(C) DETERMINATION OF LOCATION.—For 

20 purposes of this paragraph, an institution of 

21 higher education shall be considered to be located 

22 in the State in which its home campus is lo23 cated, except that assistance provided under the 

24 program to a division, institute, or other facility 

25 located in another State for use in that State 


CCOLEMAN on PROD1PC71 with BILLS
115 

•S 1052 RS 

1 shall be considered to have been provided to an 

2 institution of higher education located in that 

3 other State. 

4 ‘‘(D) MULTIYEAR ASSISTANCE.—For pur5 poses of this paragraph, assistance under the 

6 program that is provided on a multi-year basis 

7 shall be counted as provided in each such year 

8 in the amount so provided for that year. 

9 ‘‘(d) FUNDING.—The Secretary shall ensure that no 

10 less than 5 percent of the amount appropriated for each 

11 fiscal year to the Acceleration Fund for Research and Devel12 opment of Homeland Security Technologies established by 

13 section 307(c)(1) is allocated to the program established by 

14 subsection (a).’’. 

15 (2) CONFORMING AMENDMENT.—The table of 

16 contents of the Homeland Security Act of 2002 is 

17 amended by inserting after the item relating to sec18 tion 313 the following: 

‘‘Sec. 314. Competitive research program.’’. 

19 SEC. 104. REORGANIZATIONS. 

20 The Secretary of Homeland Security shall notify the 

21 Senate Committee on Commerce, Science, and Transpor22 tation, the Senate Committee on Homeland Security and 

23 Governmental Affairs, and the House of Representatives 

24 Committee on Homeland Security in writing not less than 

25 15 days before— 


CCOLEMAN on PROD1PC71 with BILLS
116 

•S 1052 RS 

1 (1) reorganizing or renaming offices; 

2 (2) reorganizing programs or activities; or 

3 (3) contracting out or privatizing any functions 

4 or activities presently performed by Federal employ5 ees. 

6 SEC. 105. TSA ACQUISITION MANAGEMENT POLICY. 

7 (a) IN GENERAL.—Section 114 of title 49, United 

8 States Code, is amended by striking subsection (o) and re9 designating subsections (p) through (t) as subsections (o) 

10 through (s), respectively. 

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall take effect 180 days after the date of enact13 ment of this Act. 

14 TITLE II—IMPROVED AVIATION 

15 SECURITY 

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

17 FEES. 

18 Section 44940(a)(2) of title 49, United States Code, 

19 is amended by adding at the end the following: 

20 ‘‘(D) FISCAL YEARS 2007 AND LATER.—The 

21 Assistant Secretary may not increase the avia22 tion security infrastructure fee authorized by 

23 subparagraph (A), or impose any additional fees 

24 under that subparagraph, after September 30, 

25 2006, unless— 


CCOLEMAN on PROD1PC71 with BILLS
117 

•S 1052 RS 

1 ‘‘(i) the fee or increase is imposed by 

2 rule promulgated by the Assistant Sec3 retary; and 

4 ‘‘(ii) not less than 60 days before its 

5 proposed effective date, the Assistant Sec6 retary submits the rule to— 

7 ‘‘(I) the Senate Committee on 

8 Commerce, Science, and Transpor9 tation; 

10 ‘‘(II) the Senate Committee on 

11 Appropriations; 

12 ‘‘(III) the House of Representa13 tives Committee on Transportation 

14 and Infrastructure; 

15 ‘‘(IV) the House of Representa16 tives Committee on Homeland Secu17 rity; and 

18 ‘‘(V) the House of Representatives 

19 Committee on Appropriations . 

20 ‘‘(E) APPLICATION OF CHAPTER 8 OF TITLE

21 5.—Chapter 8 of title 5 applies to any rule pro22 mulgated by the Assistant Secretary imposing a 

23 fee or increasing fees under subparagraph (A) 

24 after September 30, 2006.’’. 


CCOLEMAN on PROD1PC71 with BILLS
118 

•S 1052 RS 

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 from 

9 passengers at, or before they reach, the airport 

10 through a system developed or approved by the Assist11 ant Secretary, including the use of vending kiosks, 

12 other automated vending devices, the Internet, or 

13 other remote vending sites. 

14 (2) SOLICITATION OF PROPOSALS.—In carrying 

15 out this subsection the Assistant Secretary shall solicit 

16 proposals 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 so20 licitation under paragraph (2), the Assistant Sec21 retary shall develop such alternative collection systems 

22 as the Assistant Secretary determines to be feasible, 

23 including schedules and methods to ensure the effi24 ciency of such systems. 

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

26 results of the study, together with any recommendations the 


CCOLEMAN on PROD1PC71 with BILLS
119 

•S 1052 RS 

1 Assistant Secretary deems appropriate, to the Congress 

2 within 6 months after the date of enactment of this Act. 

3 (c) DEMONSTRATION PROJECTS.—If the Assistant Sec4 retary determines that a system of direct collection of such 

5 fees from passengers at airports is feasible, the Assistant 

6 Secretary shall conduct demonstration projects at a small 

7 hub airport, a medium hub airport, and a large hub airport 

8 (as those terms are defined in paragraphs (42), (31), and 

9 (29), respectively, of section 40102 of title 49, United States 

10 Code) within 1 year after submitting the report required 

11 by subsection (b) to the Congress. 

12 SEC. 203. EMPLOYEE RETENTION INTERNSHIP PROGRAM. 

13 The Assistant Secretary of Homeland Security (Trans14 portation Security Administration), shall establish a pilot 

15 program at a small hub airport, a medium hub airport, 

16 and a large hub airport (as those terms are defined in para17 graphs (42), (31), and (29), respectively, of section 40102 

18 of title 49, United States Code) for training students to per19 form screening of passengers and property under section 

20 44901 of title 49, United States Code. The program shall 

21 be an internship for pre-employment training of final-year 

22 students from public and private secondary schools located 

23 in nearby communities. Under the program, participants— 

24 (1) shall be compensated for training and serv25 ices time while participating in the program, and 


CCOLEMAN on PROD1PC71 with BILLS
120 

•S 1052 RS 

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

2 participation in the program, to accept employment 

3 as a screener upon successful completion of the intern4 ship and upon graduation from the secondary school. 

5 SEC. 204. REPAIR STATION SECURITY. 

6 (a) CERTIFICATION OF FOREIGN REPAIR STATIONS

7 SUSPENSION.—If the regulations required by section 

8 44924(f) of title 49, United States Code, are not issued 

9 within 90 days after the date of enactment of this Act, the 

10 Administrator of the Federal Aviation Administration may 

11 not certify any foreign repair station under part 145 of 

12 title 14, Code of Federal Regulations after such 90th day. 

13 (b) 6-MONTH DEADLINE FOR SECURITY REVIEW AND

14 AUDIT.—Subsections (a) and (d) of section 44924 of title 

15 49, United States Code, are each amended by striking ‘‘18 

16 months’’ and inserting ‘‘6 months’’. 

17 TITLE III—IMPROVED RAIL 

18 SECURITY 

19 SEC. 301. SHORT TITLE. 

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

21 2005’’. 

22 SEC. 302. RAIL TRANSPORTATION SECURITY RISK ASSESS23 MENT. 

24 (a) IN GENERAL.— 


CCOLEMAN on PROD1PC71 with BILLS
121 

•S 1052 RS 

1 (1) VULNERABILITY AND RISK ASSESSMENT.— 

2 The Secretary of Homeland Security shall establish a 

3 task force, including the Transportation Security Ad4 ministration, the Department of Transportation, and 

5 other appropriate agencies, to complete a vulner6 ability and risk assessment of freight and passenger 

7 rail transportation (encompassing railroads, as that 

8 term is defined in section 20102(1) of title 49, United 

9 States Code). The assessment shall include— 

10 (A) a methodology for conducting the risk 

11 assessment, including timelines, that addresses 

12 how the Department of Homeland Security will 

13 work with the entities describe in subsection (b) 

14 and make use of existing Federal expertise with15 in the Department of Homeland Security, the 

16 Department of Transportation, and other appro17 priate agencies; 

18 (B) identification and evaluation of critical 

19 assets and infrastructures; 

20 (C) identification of vulnerabilities and 

21 risks to those assets and infrastructures; 

22 (D) identification of vulnerabilities and 

23 risks that are specific to the transportation of 

24 hazardous materials via railroad; 


CCOLEMAN on PROD1PC71 with BILLS
122 

•S 1052 RS 

1 (E) identification of security weaknesses in 

2 passenger and cargo security, transportation in3 frastructure, protection systems, procedural poli4 cies, communications systems, employee training, 

5 emergency response planning, and any other 

6 area identified by the assessment; and 

7 (F) an account of actions taken or planned by 

8 both public and private entities to address identified 

9 rail security issues and assess the effective integration 

10 of such actions. 

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

13 in consultation with the Secretary of Transportation, 

14 shall develop prioritized recommendations for improv15 ing rail security, including any recommendations the 

16 Secretary has for— 

17 (A) improving the security of rail tunnels, 

18 rail bridges, rail switching and car storage 

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

21 the Secretary as posing significant rail-related 

22 risks to public safety and the movement of inter23 state commerce, taking into account the impact 

24 that any proposed security measure might have 

25 on the provision of rail service; 


CCOLEMAN on PROD1PC71 with BILLS
123 

•S 1052 RS 

1 (B) deploying equipment to detect explosives 

2 and hazardous chemical, biological, and radio3 active substances, and any appropriate counter4 measures; 

5 (C) training appropriate railroad or rail6 road shipper employees in terrorism prevention, 

7 passenger evacuation, and response activities; 

8 (D) conducting public outreach campaigns 

9 on passenger railroads; 

10 (E) deploying surveillance equipment; and 

11 (F) identifying the immediate and long12 term costs of measures that may be required to 

13 address those risks. 

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

15 (c) shall include— 

16 (A) a plan, developed in consultation with 

17 the freight and intercity passenger railroads, and 

18 State and local governments, for the Federal gov19 ernment to provide increased security support at 

20 high or severe threat levels of alert; 

21 (B) a plan for coordinating existing and 

22 planned rail security initiatives undertaken by 

23 the public and private sectors; and 

24 (C) a contingency plan, developed in con25 junction with freight and intercity and comVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00123 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
124 

•S 1052 RS 

1 muter passenger railroads, to ensure the contin2 ued movement of freight and passengers in the 

3 event of an attack affecting the railroad system, 

4 which shall contemplate— 

5 (i) the possibility of rerouting traffic 

6 due to the loss of critical infrastructure, 

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

8 and 

9 (ii) methods of continuing railroad 

10 service in the Northeast Corridor in the 

11 event of a commercial power loss, or catas12 trophe affecting a critical bridge, tunnel, 

13 yard, or station. 

14 (b) CONSULTATION; USE OF EXISTING RESOURCES.— 

15 In carrying out the assessment and developing the rec16 ommendations and plans required by subsection (a), the 

17 Secretary of Homeland Security shall consult with rail 

18 management, rail labor, owners or lessors of rail cars used 

19 to transport hazardous materials, first responders, shippers 

20 of hazardous materials, public safety officials, and other rel21 evant parties. 

22 (c) REPORT.— 

23 (1) CONTENTS.—Within 180 days after the date 

24 of enactment of this Act, the Secretary shall transmit 

25 to the Senate Committee on Commerce, Science, and 


CCOLEMAN on PROD1PC71 with BILLS
125 

•S 1052 RS 

1 Transportation, the House of Representatives Com2 mittee on Transportation and Infrastructure, and the 

3 House of Representatives Committee on Homeland 

4 Security a report containing the assessment, 

5 prioritized recommendations, and plans required by 

6 subsection (a) and an estimate of the cost to imple7 ment such recommendations. 

8 (2) FORMAT.—The Secretary may submit the re9 port in both classified and redacted formats if the 

10 Secretary determines that such action is appropriate 

11 or necessary. 

12 (d) ANNUAL UPDATES.—The Secretary, in consulta13 tion with the Secretary of Transportation, shall update the 

14 assessment and recommendations each year and transmit 

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

16 redacted formats, to the Committees named in subsection 

17 (c)(1), containing the updated assessment and recommenda18 tions. 

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

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

21 be made available to the Secretary of Homeland Security 

22 to carry out this section $5,000,000 for fiscal year 2007. 

23 SEC. 303. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

24 (a) IN GENERAL.—Subject to subsection (c) the Sec25 retary of Homeland Security, in consultation with the AsVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00125 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
126 

•S 1052 RS 

1 sistant Secretary of Homeland Security (Transportation 

2 Security Administration), is authorized to make grants to 

3 Amtrak— 

4 (1) to secure major tunnel access points and en5 sure tunnel integrity in New York, Baltimore, and 

6 Washington, DC; 

7 (2) to secure Amtrak trains; 

8 (3) to secure Amtrak stations; 

9 (4) to obtain a watch list identification system 

10 approved by the Secretary; 

11 (5) to obtain train tracking and interoperable 

12 communications systems that are coordinated to the 

13 maximum extent possible; 

14 (6) to hire additional police and security officers, 

15 including canine units; 

16 (7) to expand emergency preparedness efforts; 

17 and 

18 (8) for employee security training. 

19 (b) CONDITIONS.—The Secretary of Transportation 

20 shall disburse funds to Amtrak provided under subsection 

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

22 approved by the Secretary of Homeland Security. The plan 

23 shall include appropriate measures to address security 

24 awareness, emergency response, and passenger evacuation 

25 training. 


CCOLEMAN on PROD1PC71 with BILLS
127 

•S 1052 RS 

1 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Sec2 retary shall ensure that, subject to meeting the highest secu3 rity needs on Amtrak’s entire system and consistent with 

4 the risk assessment required under section 302, stations and 

5 facilities located outside of the Northeast Corridor receive 

6 an equitable share of the security funds authorized by this 

7 section. 

8 (d) AVAILABILITY OF FUNDS.—Out of funds appro9 priated pursuant to section 114(u)(2) of title 49, United 

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

11 of Homeland Security and the Assistant Secretary of Home12 land Security (Transportation Security Administration) to 

13 carry out this section— 

14 (1) $63,500,000 for fiscal year 2007; 

15 (2) $30,000,000 for fiscal year 2008; and 

16 (3) $30,000,000 for fiscal year 2009. 

17 Amounts appropriated pursuant to this subsection shall re18 main available until expended. 

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

20 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans21 portation, in consultation with the Secretary of Homeland 

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

23 purpose of making fire and life-safety improvements to Am24 trak tunnels on the Northeast Corridor in New York, NY, 

25 Baltimore, MD, and Washington, DC. 


CCOLEMAN on PROD1PC71 with BILLS
128 

•S 1052 RS 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

2 funds appropriated pursuant to section 102 of this Act, 

3 there shall be made available to the Secretary of Transpor4 tation for the purposes of carrying out subsection (a) the 

5 following amounts: 

6 (1) For the 6 New York tunnels to provide ven7 tilation, electrical, and fire safety technology up8 grades, emergency communication and lighting sys9 tems, and emergency access and egress for pas10 sengers— 

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

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

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

14 (2) For the Baltimore & Potomac tunnel and the 

15 Union tunnel, together, to provide adequate drainage, 

16 ventilation, communication, lighting, and passenger 

17 egress upgrades— 

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

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

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

21 (3) For the Washington, DC, Union Station tun22 nels to improve ventilation, communication, lighting, 

23 and passenger egress upgrades— 

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

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


CCOLEMAN on PROD1PC71 with BILLS
129 

•S 1052 RS 

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

2 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap3 propriated pursuant to section 102 of this Act, there shall 

4 be made available to the Secretary of Transportation for 

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

6 options for a new tunnel on a different alignment to aug7 ment the capacity of the existing Baltimore tunnels. 

8 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

9 Amounts made available pursuant to this section shall re10 main available until expended. 

11 (e) PLANS REQUIRED.—The Secretary of Transpor12 tation may not make amounts available to Amtrak for obli13 gation or expenditure under subsection (a)— 

14 (1) until Amtrak has submitted to the Secretary, 

15 and the Secretary has approved, an engineering and 

16 financial plan for such projects; and 

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

18 this section, the Secretary has approved a project 

19 management plan prepared by Amtrak addressing 

20 appropriate project budget, construction schedule, re21 cipient staff organization, document control and 

22 record keeping, change order procedure, quality con23 trol and assurance, periodic plan updates, and peri24 odic status reports. 


CCOLEMAN on PROD1PC71 with BILLS
130 

•S 1052 RS 

1 (f) REVIEW OF PLANS.—The Secretary of Transpor2 tation shall complete the review of the plans required by 

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

4 disapprove the plans within 45 days after the date on which 

5 each such plan is submitted by Amtrak. If the Secretary 

6 determines that a plan is incomplete or deficient, the Sec7 retary shall notify Amtrak of the incomplete items or defi8 ciencies and Amtrak shall, within 30 days after receiving 

9 the Secretary’s notification, submit a modified plan for the 

10 Secretary’s review. Within 15 days after receiving addi11 tional information on items previously included in the 

12 plan, and within 45 days after receiving items newly in13 cluded in a modified plan, the Secretary shall either ap14 prove the modified plan, or, if the Secretary finds the plan 

15 is still incomplete or deficient, the Secretary shall identify 

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

17 and Transportation, the House of Representatives Com18 mittee on Transportation and Infrastructure, and the 

19 House of Representatives Committee on Homeland Security 

20 the portions of the plan the Secretary finds incomplete or 

21 deficient, approve all other portions of the plan, obligate 

22 the funds associated with those other portions, and execute 

23 an agreement with Amtrak within 15 days thereafter on 

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


CCOLEMAN on PROD1PC71 with BILLS
131 

•S 1052 RS 

1 (g) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL

2 USERS.—The Secretary shall, taking into account the need 

3 for the timely completion of all portions of the tunnel 

4 projects described in subsection (a)— 

5 (1) consider the extent to which rail carriers 

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

7 (2) consider the feasibility of seeking a financial 

8 contribution from those other rail carriers toward the 

9 costs of the projects; and 

10 (3) obtain financial contributions or commit11 ments from such other rail carriers at levels reflecting 

12 the extent of their use or planned use of the tunnels, 

13 if feasible. 

14 SEC. 305. FREIGHT AND PASSENGER RAIL SECURITY UP15 GRADES. 

16 (a) SECURITY IMPROVEMENT GRANTS.—The Secretary 

17 of Homeland Security, through the Assistant Secretary of 

18 Homeland Security (Transportation Security Administra19 tion) and other appropriate agencies, is authorized to make 

20 grants to freight railroads, the Alaska Railroad, hazardous 

21 materials shippers, owners of rail cars used in the transpor22 tation of hazardous materials, universities, colleges and re23 search centers, State and local governments (for rail pas24 senger facilities and infrastructure not owned by Amtrak), 

25 and, through the Secretary of Transportation, to Amtrak, 


CCOLEMAN on PROD1PC71 with BILLS
132 

•S 1052 RS 

1 for full or partial reimbursement of costs incurred in the 

2 conduct of activities to prevent or respond to acts of ter3 rorism, sabotage, or other intercity passenger rail and 

4 freight rail security vulnerabilities and risks identified 

5 under section 302, including— 

6 (1) security and redundancy for critical commu7 nications, computer, and train control systems essen8 tial for secure rail operations; 

9 (2) accommodation of rail cargo or passenger 

10 screening equipment at the United States-Mexico bor11 der, the United States-Canada border, or other ports 

12 of entry; 

13 (3) the security of hazardous material transpor14 tation by rail; 

15 (4) secure intercity passenger rail stations, 

16 trains, and infrastructure; 

17 (5) structural modification or replacement of 

18 rail cars transporting high hazard materials to im19 prove their resistance to acts of terrorism; 

20 (6) employee security awareness, preparedness, 

21 passenger evacuation, and emergency response train22 ing; 

23 (7) public security awareness campaigns for pas24 senger train operations; 


CCOLEMAN on PROD1PC71 with BILLS
133 

•S 1052 RS 

1 (8) the sharing of intelligence and information 

2 about security threats; 

3 (9) to obtain train tracking and interoperable 

4 communications systems that are coordinated to the 

5 maximum extent possible; 

6 (10) to hire additional police and security offi7 cers, including canine units; and 

8 (11) other improvements recommended by the re9 port required by section 302, including infrastructure, 

10 facilities, and equipment upgrades. 

11 (b) ACCOUNTABILITY.—The Secretary shall adopt nec12 essary procedures, including audits, to ensure that grants 

13 made under this section are expended in accordance with 

14 the purposes of this Act and the priorities and other criteria 

15 developed by the Secretary. 

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

17 funds authorized by this section based on risk and vulner18 ability as determined under section 302, and shall encour19 age non-Federal financial participation in awarding 

20 grants. With respect to grants for intercity passenger rail 

21 security, the Secretary shall also take into account pas22 senger volume and whether a station is used by commuter 

23 rail passengers as well as intercity rail passengers. 

24 (d) CONDITIONS.—The Secretary of Transportation 

25 may not disburse funds to Amtrak under subsection (a) unVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00133 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
134 

•S 1052 RS 

1 less Amtrak meets the conditions set forth in section 303(b) 

2 of this Act. 

3 (e) ALLOCATION BETWEEN RAILROADS AND OTH4 ERS.—Unless as a result of the assessment required by sec5 tion 302 the Secretary of Homeland Security determines 

6 that critical rail transportation security needs require re7 imbursement in greater amounts to any eligible entity, no 

8 grants under this section may be made— 

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

10 (2) in excess of $80,000,000 for the purposes de11 scribed in paragraphs (3) and (5) of subsection (a). 

12 (f) AUTHORIZATION OF APPROPRIATIONS.—Out of 

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

14 49, United States Code, there shall be made available to 

15 the Secretary of Homeland Security to carry out this sec16 tion— 

17 (1) $100,000,000 for fiscal year 2007; 

18 (2) $100,000,000 for fiscal year 2008; and 

19 (3) $100,000,000 for fiscal year 2009. 

20 Amounts made available pursuant to this subsection shall 

21 remain available until expended. 

22 (g) HIGH HAZARD MATERIALS DEFINED.—In this sec23 tion, the term ‘‘high hazard materials’’ means quantities 

24 of poison inhalation hazard materials, Class 2.3 gases, 

25 Class 6.1 materials, and anhydrous ammonia that the SecVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00134 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
135 

•S 1052 RS 

1 retary, in consultation with the Secretary of Transpor2 tation, determines pose a security risk. 

3 SEC. 306. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

4 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP5 MENT PROGRAM.—The Secretary of Homeland Security, 

6 through the Under Secretary for Science and Technology 

7 and the Assistant Secretary of Homeland Security (Trans8 portation Security Administration), in consultation with 

9 the Secretary of Transportation shall carry out a research 

10 and development program for the purpose of improving 

11 freight and intercity passenger rail security that may in12 clude research and development projects to— 

13 (1) reduce the vulnerability of passenger trains, 

14 stations, and equipment to explosives and hazardous 

15 chemical, biological, and radioactive substances; 

16 (2) test new emergency response techniques and 

17 technologies; 

18 (3) develop improved freight technologies, includ19 ing— 

20 (A) technologies for sealing rail cars; 

21 (B) automatic inspection of rail cars; 

22 (C) communication-based train controls; 

23 and 

24 (D) emergency response training; 


CCOLEMAN on PROD1PC71 with BILLS
136 

•S 1052 RS 

1 (4) test wayside detectors that can detect tam2 pering with railroad equipment; 

3 (5) support enhanced security for the transpor4 tation of hazardous materials by rail, including— 

5 (A) technologies to detect a breach in a tank 

6 car or other rail car used to transport hazardous 

7 materials and transmit information about the 

8 integrity of cars to the train crew or dispatcher; 

9 (B) research to improve tank car integrity, 

10 with a focus on tank cars that carry high hazard 

11 materials (as defined in section 305(g) of this 

12 Act; and 

13 (C) techniques to transfer hazardous mate14 rials from rail cars that are damaged or other15 wise represent an unreasonable risk to human 

16 life or public safety; and 

17 (6) other projects that address vulnerabilities 

18 and risks identified under section 302. 

19 (b) COORDINATION WITH OTHER RESEARCH INITIA20 TIVES.—The Secretary of Homeland Security shall ensure 

21 that the research and development program authorized by 

22 this section is coordinated with other research and develop23 ment initiatives at the Department of Homeland Security 

24 and the Department of Transportation. The Secretary shall 

25 carry out any research and development project authorized 


CCOLEMAN on PROD1PC71 with BILLS
137 

•S 1052 RS 

1 by this section through a reimbursable agreement with the 

2 Secretary of Transportation, if the Secretary of Transpor3 tation— 

4 (1) is already sponsoring a research and develop5 ment project in a similar area; or 

6 (2) has a unique facility or capability that 

7 would be useful in carrying out the project. 

8 (c) GRANTS AND ACCOUNTABILITY.—To carry out the 

9 research and development program, the Secretary may 

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

11 shall adopt necessary procedures, including audits, to en12 sure that grants made under this section are expended in 

13 accordance with the purposes of this Act and the priorities 

14 and other criteria developed by the Secretary. 

15 (d) AUTHORIZATION OF APPROPRIATIONS.—Out of 

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

17 49, United States Code, there shall be made available to 

18 the Secretary of Homeland Security to carry out this sec19 tion— 

20 (1) $35,000,000 for fiscal year 2007; 

21 (2) $35,000,000 for fiscal year 2008; and 

22 (3) $35,000,000 for fiscal year 2009. 

23 Amounts made available pursuant to this subsection shall 

24 remain available until expended. 


CCOLEMAN on PROD1PC71 with BILLS
138 

•S 1052 RS 

1 SEC. 307. OVERSIGHT AND GRANT PROCEDURES. 

2 (a) SECRETARIAL OVERSIGHT.—The Secretary of 

3 Homeland Security may use up to 0.5 percent of amounts 

4 made available for capital projects under the Rail Security 

5 Act of 2005 to enter into contracts for the review of proposed 

6 capital projects and related program management plans 

7 and to oversee construction of such projects. 

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

9 available under subsection (a) of this subsection to make 

10 contracts to audit and review the safety, procurement, man11 agement, and financial compliance of a recipient of 

12 amounts under this Act. 

13 (c) PROCEDURES FOR GRANT AWARD.—The Secretary 

14 shall, within 90 days after the date of enactment of this 

15 Act, prescribe procedures and schedules for the awarding 

16 of grants under this Act, including application and quali17 fication procedures (including a requirement that the appli18 cant have a security plan), and a record of decision on ap19 plicant eligibility. The procedures shall include the execu20 tion of a grant agreement between the grant recipient and 

21 the Secretary and shall be consistent, to the extent prac22 ticable, with the grant procedures established under section 

23 70107 of title 46, United States Code. 


CCOLEMAN on PROD1PC71 with BILLS
139 

•S 1052 RS 

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 following: 

6 ‘‘§ 24316. Plans to address needs of families of pas7 sengers involved in rail passenger acci8 dents 

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

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

11 2005, Amtrak shall submit to the Chairman of the National 

12 Transportation Safety Board, the Secretary of Transpor13 tation, and the Secretary of Homeland Security a plan for 

14 addressing the needs of the families of passengers involved 

15 in any rail passenger accident involving an Amtrak inter16 city train and resulting in a loss of life. 

17 ‘‘(b) CONTENTS OF PLANS.—The plan to be submitted 

18 by Amtrak under subsection (a) shall include, at a min19 imum, the following: 

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

21 and provide to the National Transportation Safety 

22 Board and the Secretary of Transportation, imme23 diately upon request, a list (which is based on the best 

24 available information at the time of the request) of 

25 the names of the passengers aboard the train (whether 

26 or not such names have been verified), and will periVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00139 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
140 

•S 1052 RS 

1 odically update the list. The plan shall include a pro2 cedure, with respect to unreserved trains and pas3 sengers not holding reservations on other trains, for 

4 Amtrak to use reasonable efforts to ascertain the num5 ber and names of passengers aboard a train involved 

6 in an accident. 

7 ‘‘(2) A plan for creating and publicizing a reli8 able, toll-free telephone number within 4 hours after 

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

10 handle calls from the families of the passengers. 

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

12 passengers, before providing any public notice of the 

13 names of the passengers, by suitably trained individ14 uals. 

15 ‘‘(4) A process for providing the notice described 

16 in paragraph (2) to the family of a passenger as soon 

17 as Amtrak has verified that the passenger was aboard 

18 the train (whether or not the names of all of the pas19 sengers have been verified). 

20 ‘‘(5) A process by which the family of each pas21 senger will be consulted about the disposition of all 

22 remains and personal effects of the passenger within 

23 Amtrak’s control; that any possession of the passenger 

24 within Amtrak’s control will be returned to the family 

25 unless the possession is needed for the accident invesVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00140 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
141 

•S 1052 RS 

1 tigation or any criminal investigation; and that any 

2 unclaimed possession of a passenger within Amtrak’s 

3 control will be retained by the rail passenger carrier 

4 for at least 18 months. 

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

6 families of nonrevenue passengers will be the same as 

7 the treatment of the families of revenue passengers. 

8 ‘‘(7) An assurance that Amtrak will provide ade9 quate training to its employees and agents to meet the 

10 needs of survivors and family members following an 

11 accident. 

12 ‘‘(c) USE OF INFORMATION.—The National Transpor13 tation Safety Board, the Secretary of Transportation, and 

14 Amtrak may not release any personal information on a list 

15 obtained under subsection (b)(1) but may provide informa16 tion on the list about a passenger to the family of the pas17 senger to the extent that the Board or Amtrak considers ap18 propriate. 

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

20 liable for damages in any action brought in a Federal or 

21 State court arising out of the performance of Amtrak in 

22 preparing or providing a passenger list, or in providing 

23 information concerning a train reservation, pursuant to a 

24 plan submitted by Amtrak under subsection (b), unless such 

25 liability was caused by Amtrak’s conduct. 


CCOLEMAN on PROD1PC71 with BILLS
142 

•S 1052 RS 

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

2 Nothing in this section may be construed as limiting the 

3 actions that Amtrak may take, or the obligations that Am4 trak may have, in providing assistance to the families of 

5 passengers involved in a rail passenger accident. 

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

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

8 be made available to the Secretary of Transportation for 

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

10 out this section. Amounts made available pursuant to this 

11 subsection shall remain available until expended.’’. 

12 (b) CONFORMING AMENDMENT.—The chapter analysis 

13 for chapter 243 of title 49, United States Code, is amended 

14 by adding at the end the following: 

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

15 SEC. 309. NORTHERN BORDER RAIL PASSENGER REPORT. 

16 Within 180 days after the date of enactment of this 

17 Act, the Secretary of Homeland Security, in consultation 

18 with the Assistant Secretary of Homeland Security (Trans19 portation Security Administration), the Secretary of 

20 Transportation, heads of other appropriate Federal depart21 ments, and agencies and the National Railroad Passenger 

22 Corporation, shall transmit a report to the Senate Com23 mittee on Commerce, Science, and Transportation, the 

24 House of Representatives Committee on Transportation and 


CCOLEMAN on PROD1PC71 with BILLS
143 

•S 1052 RS 

1 Infrastructure, and the House of Representatives Committee 

2 on Homeland Security that contains— 

3 (1) a description of the current system for 

4 screening passengers and baggage on passenger rail 

5 service between the United States and Canada; 

6 (2) an assessment of the current program to pro7 vide preclearance of airline passengers between the 

8 United States and Canada as outlined in ‘‘The Agree9 ment on Air Transport Preclearance between the Gov10 ernment of Canada and the Government of the United 

11 States of America’’, dated January 18, 2001; 

12 (3) an assessment of the current program to pro13 vide preclearance of freight railroad traffic between 

14 the United States and Canada as outlined in the 

15 ‘‘Declaration of Principle for the Improved Security 

16 of Rail Shipments by Canadian National Railway 

17 and Canadian Pacific Railway from Canada to the 

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

19 (4) information on progress by the Department 

20 of Homeland Security and other Federal agencies to21 wards finalizing a bilateral protocol with Canada 

22 that would provide for preclearance of passengers on 

23 trains operating between the United States and Can24 ada; 


CCOLEMAN on PROD1PC71 with BILLS
144 

•S 1052 RS 

1 (5) a description of legislative, regulatory, budg2 etary, or policy barriers within the United States 

3 Government to providing pre-screened passenger lists 

4 for rail passengers traveling between the United 

5 States and Canada to the Department of Homeland 

6 Security; 

7 (6) a description of the position of the Govern8 ment of Canada and relevant Canadian agencies with 

9 respect to preclearance of such passengers; 

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

11 law necessary to provide for pre-screening of such 

12 passengers and providing pre-screened passenger lists 

13 to the Department of Homeland Security; and 

14 (8) an analysis of the feasibility of reinstating 

15 in-transit inspections onboard international Amtrak 

16 trains. 

17 SEC. 310. RAIL WORKER SECURITY TRAINING PROGRAM. 

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

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

20 Security and the Secretary of Transportation, in consulta21 tion with appropriate law enforcement, security, and ter22 rorism experts, representatives of railroad carriers, and 

23 nonprofit employee organizations that represent rail work24 ers, shall develop and issue detailed guidance for a rail 

25 worker security training program to prepare front-line 


CCOLEMAN on PROD1PC71 with BILLS
145 

•S 1052 RS 

1 workers for potential threat conditions. The guidance shall 

2 take into consideration any current security training re3 quirements or best practices. 

4 (b) PROGRAM ELEMENTS.—The guidance developed 

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

6 to passenger and freight rail service, that address the fol7 lowing: 

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

10 (2) Crew communication and coordination. 

11 (3) Appropriate responses to defend or protect 

12 oneself. 

13 (4) Use of protective devices. 

14 (5) Evacuation procedures. 

15 (6) Psychology of terrorists to cope with hijacker 

16 behavior and passenger responses. 

17 (7) Situational training exercises regarding var18 ious threat conditions. 

19 (8) Any other subject the Secretary considers ap20 propriate. 

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

22 90 days after the Secretary of Homeland Security issues 

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

24 carrier shall develop a rail worker security training pro25 gram in accordance with that guidance and submit it to 


CCOLEMAN on PROD1PC71 with BILLS
146 

•S 1052 RS 

1 the Secretary for review. Not later than 30 days after receiv2 ing a railroad carrier’s program under this subsection, the 

3 Secretary shall review the program and transmit comments 

4 to the railroad carrier concerning any revisions the Sec5 retary considers necessary for the program to meet the guid6 ance requirements. A railroad carrier shall respond to the 

7 Secretary’s comments within 30 days after receiving them. 

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

11 complete the training of all front-line workers in accordance 

12 with that program. The Secretary shall review implementa13 tion of the training program of a representative sample of 

14 railroad carriers and report to the Senate Committee on 

15 Commerce, Science, and Transportation, the House of Rep16 resentatives Committee on Transportation and Infrastruc17 ture, and the House of Representatives Committee on 

18 Homeland Security on the number of reviews conducted and 

19 the results. The Secretary may submit the report in both 

20 classified and redacted formats as necessary. 

21 (e) UPDATES.—The Secretary shall update the train22 ing guidance issued under subsection (a) as appropriate to 

23 reflect new or different security threats. Railroad carriers 

24 shall revise their programs accordingly and provide addiVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00146 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
147 

•S 1052 RS 

1 tional training to their front-line workers within a reason2 able time after the guidance is updated. 

3 (f) FRONT-LINE WORKERS DEFINED.—In this section, 

4 the term ‘‘front-line workers’’ means security personnel, dis5 patchers, train operators, other onboard employees, mainte6 nance and maintenance support personnel, bridge tenders, 

7 as well as other appropriate employees of railroad carriers, 

8 as defined by the Secretary. 

9 (g) OTHER EMPLOYEES.—The Secretary of Homeland 

10 Security shall issue guidance and best practices for a rail 

11 shipper employee security program containing the elements 

12 listed under subsection (b) as appropriate. 

13 SEC. 311. WHISTLEBLOWER PROTECTION PROGRAM. 

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

15 49, United States Code, is amended by inserting after sec16 tion 20117 the following: 

17 ‘‘§ 20118. Whistleblower protection for rail security 

18 matters 

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

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

22 against a railroad employee because the employee (or any 

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

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

25 to provide or cause to be provided, to the employer or 


CCOLEMAN on PROD1PC71 with BILLS
148 

•S 1052 RS 

1 the Federal Government information relating to a 

2 reasonably perceived threat, in good faith, to security; 

3 or 

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

5 to provide or cause to be provided, testimony before 

6 Congress or at any Federal or State proceeding re7 garding a reasonably perceived threat, in good faith, 

8 to security; or 

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

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

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

12 claim arising under this section is subject to resolution 

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

14 In a proceeding by the National Railroad Adjustment 

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

16 of adjustment established under section 3 to resolve the dis17 pute, grievance, or claim the proceeding shall be expedited 

18 and the dispute, grievance, or claim shall be resolved not 

19 later than 180 days after it is filed. If the violation is a 

20 form of discrimination that does not involve discharge, sus21 pension, or another action affecting pay, and no other rem22 edy is available under this subsection, the Board, division, 

23 delegate, or other board of adjustment may award the em24 ployee reasonable damages, including punitive damages, of 

25 not more than $20,000. 


CCOLEMAN on PROD1PC71 with BILLS
149 

•S 1052 RS 

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

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

4 applies to any complaint brought under this section. 

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

6 railroad carrier may not seek protection under both this 

7 section and another provision of law for the same allegedly 

8 unlawful act of the carrier. 

9 ‘‘(e) DISCLOSURE OF IDENTITY.— 

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

11 subsection, or with the written consent of the em12 ployee, the Secretary of Transportation may not dis13 close the name of an employee of a railroad carrier 

14 who has provided information about an alleged viola15 tion of this section. 

16 ‘‘(2) The Secretary shall disclose to the Attorney 

17 General the name of an employee described in para18 graph (1) of this subsection if the matter is referred 

19 to the Attorney General for enforcement.’’. 

20 (b) CONFORMING AMENDMENT.—The chapter analysis 

21 for chapter 201 of title 49, United States Code, is amended 

22 by inserting after the item relating to section 20117 the fol23 lowing: 

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


CCOLEMAN on PROD1PC71 with BILLS
150 

•S 1052 RS 

1 SEC. 312. HIGH HAZARD MATERIAL SECURITY THREAT MITI2 GATION PLANS. 

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

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

8 section 305(g) of this Act and of a quantity equal or exceed9 ing the quantities of such material listed in subpart 

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

11 a high hazard material security threat mitigation plan con12 taining appropriate measures, including alternative rout13 ing and temporary shipment suspension options, to address 

14 assessed risks to high consequence targets. The plan, and 

15 any information submitted to the Secretary under this sec16 tion shall be protected as sensitive security information 

17 under the regulations prescribed under section 114(s) of title 

18 49, United States Code. 

19 (b) IMPLEMENTATION.—A high hazard material secu20 rity threat mitigation plan shall be put into effect by a 

21 rail carrier for the shipment of high hazardous materials 

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

23 levels of the Homeland Security Advisory System are high 

24 or severe and specific intelligence of probable or imminent 

25 threat exists towards— 


CCOLEMAN on PROD1PC71 with BILLS
151 

•S 1052 RS 

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

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

3 used to transport high hazardous material; or 

4 (2) rail infrastructure or operations within the 

5 immediate vicinity of a high-consequence target. 

6 (c) COMPLETION AND REVIEW OF PLANS.— 

7 (1) PLANS REQUIRED.—Each rail carrier 

8 shall— 

9 (A) submit a list of routes used to transport 

10 high hazard materials to the Secretary of Home11 land Security within 60 days after the date of 

12 enactment of this Act; 

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

17 the Secretary; and 

18 (C) submit any subsequent revisions to the 

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

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

22 assistance of the Secretary of Transportation, shall 

23 review the plans and transmit comments to the rail24 road carrier concerning any revisions the Secretary 

25 considers necessary. A railroad carrier shall respond 


CCOLEMAN on PROD1PC71 with BILLS
152 

•S 1052 RS 

1 to the Secretary’s comments within 30 days after re2 ceiving them. Each rail carrier shall update and re3 submit its plan for review not less than every 2 years. 

4 (d) DEFINITIONS.—In this section: 

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

6 building, buildings, infrastructure, public space, or 

7 natural resource designated by the Secretary of 

8 Homeland Security that is viable terrorist target of 

9 national significance, the attack of which could result 

10 in— 

11 (A) catastrophic loss of life; and 

12 (B) significantly damaged national security 

13 and defense capabilities; or 

14 (C) national economic harm. 

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

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

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

18 materials in which the potential release or explosion 

19 of the high hazard material being transported would 

20 likely cause— 

21 (A) loss of life; or 

22 (B) significant damage to property or 

23 structures. 


CCOLEMAN on PROD1PC71 with BILLS
153 

•S 1052 RS 

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

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

3 United States Code. 

4 SEC. 313. MEMORANDUM OF AGREEMENT. 

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

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

8 the date of enactment of this Act, the Secretary of Transpor9 tation and the Secretary of Homeland Security shall exe10 cute and develop an annex to the memorandum of agree11 ment between the two departments signed on September 28, 

12 2004, governing the specific roles, delineations of respon13 sibilities, resources and commitments of the Department of 

14 Transportation and the Department of Homeland Security, 

15 respectively, in addressing railroad transportation security 

16 matters, including the processes the departments will follow 

17 to promote communications, efficiency, and nonduplication 

18 of effort. 

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

20 title 49, United States Code, is amended by striking ‘‘safe21 ty’’ the first place it appears, and inserting ‘‘safety, includ22 ing security,’’. 

23 SEC. 314. RAIL SECURITY ENHANCEMENTS. 

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

25 49, United States Code, is amended— 


CCOLEMAN on PROD1PC71 with BILLS
154 

•S 1052 RS 

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

2 ‘‘Under’’; and 

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

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

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

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

7 Transportation, in consultation with the Secretary of 

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

10 shall review existing rail regulations of the Department of 

11 Transportation for the purpose of identifying areas in 

12 which those regulations need to be revised to improve rail 

13 security. 

14 SEC. 315. PUBLIC AWARENESS. 

15 Not later than 90 days after the date of enactment of 

16 this Act, the Secretary of Homeland Security, in consulta17 tion with the Secretary of Transportation, shall develop a 

18 national plan for public outreach and awareness. Such plan 

19 shall be designed to increase awareness of measures that the 

20 general public, railroad passengers, and railroad employees 

21 can take to increase railroad system security. Such plan 

22 shall also provide outreach to railroad carriers and their 

23 employees to improve their awareness of available tech24 nologies, ongoing research and development efforts, and 

25 available Federal funding sources to improve railroad secuVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00154 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
155 

•S 1052 RS 

1 rity. Not later than 9 months after the date of enactment 

2 of this Act, the Secretary of Homeland Security shall imple3 ment the plan developed under this section. 

4 SEC. 316. RAILROAD HIGH HAZARD MATERIAL TRACKING. 

5 (a) WIRELESS COMMUNICATIONS.— 

6 (1) IN GENERAL.—In conjunction with the re7 search and development program established under 

8 section 306 and consistent with the results of research 

9 relating to wireless tracking technologies, the Sec10 retary of Homeland Security, in consultation with 

11 the Assistant Secretary of Homeland Security (Trans12 portation Security Administration), shall develop a 

13 program that will encourage the equipping of rail 

14 cars transporting high hazard materials (as defined 

15 in section 305(g) of this Act) in quantities equal to 

16 or greater than the quantities specified in subpart 

17 171.800 of title 49, Code of Federal Regulations, with 

18 wireless terrestrial or satellite communications tech19 nology that provides— 

20 (A) car position location and tracking ca21 pabilities; 

22 (B) notification of rail car depressurization, 

23 breach, or unsafe temperature; and 

24 (C) notification of hazardous material re25 lease. 


CCOLEMAN on PROD1PC71 with BILLS
156 

•S 1052 RS 

1 (2) COORDINATION.—In developing the program 

2 required by paragraph (1), the Secretary shall— 

3 (A) consult with the Secretary of Transpor4 tation to coordinate the program with any ongo5 ing or planned efforts for rail car tracking at the 

6 Department of Transportation; and 

7 (B) ensure that the program is consistent 

8 with recommendations and findings of the De9 partment of Homeland Security’s hazardous ma10 terial tank rail car tracking pilot programs. 

11 (b) FUNDING.—Out of funds appropriated pursuant to 

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

13 be made available to the Secretary of Homeland Security 

14 to carry out this section $3,000,000 for each of fiscal years 

15 2007, 2008, and 2009. 

16 TITLE IV—IMPROVED MOTOR 

17 CARRIER, BUS, AND HAZ18 ARDOUS MATERIAL SECURITY 

19 SEC. 401. 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 material 

24 safety permit under part 385 of title 49, Code of Federal 

25 Regulations, to maintain a written route plan that meets 


CCOLEMAN on PROD1PC71 with BILLS
157 

•S 1052 RS 

1 the requirements of section 397.101 of that title when trans2 porting the type and quantity of hazardous materials de3 scribed in section 385.403 of that title. 

4 SEC. 402. MOTOR CARRIER HIGH HAZARD MATERIAL 

5 TRACKING. 

6 (a) WIRELESS COMMUNICATIONS— 

7 (1) IN GENERAL.—Consistent with the findings 

8 of the Transportation Security Administration’s 

9 Hazmat Truck Security Pilot Program and within 6 

10 months after the date of enactment of this Act, the 

11 Secretary of Homeland Security, through the Trans12 portation Security Administration and in consulta13 tion with the Secretary of Transportation, shall de14 velop a program to encourage the equipping of motor 

15 carriers transporting high hazard materials (as de16 fined in section 305(g) of this Act) in quantities equal 

17 to or greater than the quantities specified in subpart 

18 171.800 of title 49, Code of Federal Regulations, with 

19 wireless communications technology that provides— 

20 (A) continuous communications; 

21 (B) vehicle position location and tracking 

22 capabilities; and 

23 (C) a feature that allows a driver of such 

24 vehicles to broadcast an emergency message. 


CCOLEMAN on PROD1PC71 with BILLS
158 

•S 1052 RS 

1 (2) COORDINATION.—In developing the program 

2 required by paragraph (1), the Secretary shall— 

3 (A) consult with the Secretary of Transpor4 tation to coordinate the program with any ongo5 ing or planned efforts for motor carrier tracking 

6 at the Department of Transportation; and 

7 (B) take into consideration the rec8 ommendations and findings of the report on the 

9 Hazardous Material Safety and Security Oper10 ation Field Test released by the Federal Motor 

11 Carrier Safety Administration on November 11, 

12 2004. 

13 (b) FUNDING.—Out of funds appropriated pursuant to 

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

15 be made available to the Secretary of Homeland Security 

16 to carry out this section $3,000,000 for each of fiscal years 

17 2007, 2008, and 2009. 

18 SEC. 403. TRUCK LEASING SECURITY TRAINING GUIDE19 LINES. 

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

21 enactment of this Act the Secretary of Homeland Security, 

22 through the Transportation Security Administration and 

23 in consultation with the Federal Motor Carrier Safety Ad24 ministration, shall develop and make available in written 

25 or electronic form security training guidelines for shortVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00158 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
159 

•S 1052 RS 

1 term truck leasing operations consistent with existing best 

2 practices as determined by the Secretary. 

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

4 guidelines shall— 

5 (1) include information for short-term truck leas6 ing companies on the appropriate contents of em7 ployee security training efforts designed to enable em8 ployees to recognize terrorist threats and criminal ac9 tivity; and 

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

11 the Assistant Secretary. 

12 (c) OUTREACH.—The Secretary may hold public infor13 mation and outreach sessions to present the truck leasing 

14 security training guidelines to short-term truck leasing 

15 companies. 

16 (d) FUNDING.—Out of funds appropriated pursuant to 

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

18 be made available to the Assistant Secretary of Homeland 

19 Security (Transportation Security Administration), to 

20 carry out this section $1,000,000 for fiscal year 2007. 

21 SEC. 404. HAZARDOUS MATERIALS SECURITY INSPECTIONS 

22 AND ENFORCEMENT. 

23 (a) IN GENERAL.—The Secretary of Homeland Secu24 rity shall establish a program within the Transportation 

25 Security Administration, in consultation with the SecVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00159 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
160 

•S 1052 RS 

1 retary of Transportation, for reviewing hazardous mate2 rials security plans required under part 172, title 49, Code 

3 of Federal Regulations, within 180 days after the date of 

4 enactment of this Act. 

5 (b) CIVIL PENALTY.—The failure, by a shipper, car6 rier, or other person subject to part 172 of title 49, Code 

7 of Federal Regulations, to comply with any applicable sec8 tion of that part within 180 days after being notified by 

9 the Secretary of such failure to comply, is punishable by 

10 a civil penalty imposed by the Secretary under title 49, 

11 United States Code. For purposes of this subsection, each 

12 day of noncompliance after the 181st day following the date 

13 on which the shipper, carrier, or other person received no14 tice of the failure shall constitute a separate failure. 

15 (c) COMPLIANCE REVIEW.—In reviewing the compli16 ance of hazardous materials shippers, carriers, or other per17 sons subject to part 172 of title 49, Code of Federal Regula18 tions, with the provisions of that part, the Secretary shall 

19 utilize risk assessment methodologies to prioritize review 

20 and enforcement actions to the most vulnerable and critical 

21 hazardous materials transportation operations. 

22 (d) TRANSPORTATION COSTS STUDY.—Within 1 year 

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

24 Transportation, in conjunction with the Secretary of Home25 land Security, shall study to what extent the insurance, seVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00160 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
161 

•S 1052 RS 

1 curity, and safety costs borne by railroad carriers, motor 

2 carriers, pipeline carriers, air carriers, and maritime car3 riers associated with the transportation of hazardous mate4 rials are reflected in the rates paid by shippers of such com5 modities as compared to the costs and rates respectively for 

6 the transportation of non-hazardous materials. 

7 (e) FUNDING.—Out of funds appropriated pursuant to 

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

9 be made available to the Assistant Secretary of Homeland 

10 Security (Transportation Security Administration), to 

11 carry out this section— 

12 (1) $2,000,000 for fiscal year 2007; 

13 (2) $2,000,000 for fiscal year 2008; and 

14 (3) $2,000,000 for fiscal year 2009. 

15 SEC. 405. TRUCK SECURITY ASSESSMENT. 

16 Not later than 1 year after the date of enactment of 

17 this Act, the Secretary of Transportation shall transmit to 

18 the Senate Committee on Commerce, Science, and Trans19 portation, the House of Representatives Committee on 

20 Transportation and Infrastructure, and the House of Rep21 resentatives Committee on Homeland Security a report on 

22 security issues related to the trucking industry that in23 cludes— 


CCOLEMAN on PROD1PC71 with BILLS
162 

•S 1052 RS 

1 (1) an assessment of actions already taken to ad2 dress identified security issues by both public and 

3 private entities; 

4 (2) an assessment of the economic impact that 

5 security upgrades of trucks, truck equipment, or truck 

6 facilities may have on the trucking industry and its 

7 employees, including independent owner-operators; 

8 (3) an assessment of ongoing research and the 

9 need for additional research on truck security; and 

10 (4) an assessment of industry best practices to 

11 enhance security. 

12 SEC. 406. PIPELINE SECURITY AND INCIDENT RECOVERY 

13 PLAN. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity, in consultation with the Secretary of Transportation 

16 and the Pipeline and Hazardous Materials Safety Adminis17 tration, and in accordance with the Memorandum of Un18 derstanding Annex executed under section 407, shall develop 

19 a Pipeline Security and Incident Recovery Protocols Plan. 

20 The plan shall include— 

21 (1) a plan for the Federal Government to provide 

22 increased security support to the most critical inter23 state and intrastate natural gas and hazardous liquid 

24 transmission pipeline infrastructure and operations 

25 as determined under section 406— 


CCOLEMAN on PROD1PC71 with BILLS
163 

•S 1052 RS 

1 (A) at high or severe security threat levels 

2 of alert; and 

3 (B) when specific security threat informa4 tion relating to such pipeline infrastructure or 

5 operations exists; and 

6 (2) an incident recovery protocol plan, developed 

7 in conjunction with interstate and intrastate trans8 mission and distribution pipeline operators and ter9 minals and facilities operators connected to pipelines, 

10 to develop protocols to ensure the continued transpor11 tation of natural gas and hazardous liquids to essen12 tial markets and for essential public health or na13 tional defense uses in the event of an incident affect14 ing the interstate and intrastate natural gas and haz15 ardous liquid transmission and distribution pipeline 

16 system, which shall include protocols for granting ac17 cess to pipeline operators for pipeline infrastructure 

18 repair, replacement or bypass following an incident. 

19 (b) EXISTING PRIVATE AND PUBLIC SECTOR EF20 FORTS.—The plan shall take into account actions taken or 

21 planned by both private and public entities to address iden22 tified pipeline security issues and assess the effective inte23 gration of such actions. 

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

25 subsection (a), the Secretary of Homeland Security shall 


CCOLEMAN on PROD1PC71 with BILLS
164 

•S 1052 RS 

1 consult with the Secretary of Transportation, interstate and 

2 intrastate transmission and distribution pipeline operators, 

3 pipeline labor, first responders, shippers of hazardous mate4 rials, State Departments of Transportation, public safety 

5 officials, and other relevant parties. 

6 (d) REPORT.— 

7 (1) CONTENTS.—Not later than 1 year after the 

8 date of enactment of this Act, the Secretary of Home9 land Security shall transmit to the Committee on 

10 Commerce, Science, and Transportation of the Senate, 

11 the Committee on Homeland Security of the House of 

12 Representatives, and the Committee on Transpor13 tation and Infrastructure of the House of Representa14 tives a report containing the plan required by sub15 section (a), along with an estimate of the private and 

16 public sector costs to implement any recommenda17 tions. 

18 (2) FORMAT.—The Secretary may submit the re19 port in both classified and redacted formats if the 

20 Secretary determines that such action is appropriate 

21 or necessary. 

22 (e) FUNDING.—Out of funds appropriated pursuant to 

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

24 be made available to the Secretary of Homeland Security 

25 to carry out this section $1,000,000 for fiscal year 2007. 


CCOLEMAN on PROD1PC71 with BILLS
165 

•S 1052 RS 

1 SEC. 407. PIPELINE SECURITY INSPECTIONS AND ENFORCE2 MENT. 

3 (a) IN GENERAL.—Within 1 year after the date of en4 actment of this Act the Secretary of Homeland Security, 

5 in consultation with the Secretary of Transportation, shall 

6 establish a program for reviewing pipeline operator adop7 tion of recommendations in the September, 5, 2002, Depart8 ment of Transportation Research and Special Programs 

9 Administration Pipeline Security Information Circular, 

10 including the review of pipeline security plans and critical 

11 facility inspections. 

12 (b) REVIEW AND INSPECTION.—Within 9 months after 

13 the date of enactment of this Act the Secretary shall com14 plete a review of the pipeline security plan and an inspec15 tion of the critical facilities of the 100 most critical pipeline 

16 operators covered by the September, 5, 2002, circular, where 

17 such facilities have not been inspected for security purposes 

18 since September 5, 2002, by either the Department of Home19 land Security or the Department of Transportation, as de20 termined by the Secretary in consultation with the Sec21 retary of Transportation. 

22 (c) COMPLIANCE REVIEW METHODOLOGY.—In review23 ing pipeline operator compliance under subsections (a) and 

24 (b), the Secretary shall utilize risk assessment methodologies 

25 to prioritize vulnerabilities and to target inspection and enVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00165 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
166 

•S 1052 RS 

1 forcement actions to the most vulnerable and critical pipe2 line assets. 

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

4 enactment of this Act, the Secretary shall transmit to pipe5 line operators and the Secretary of Transportation security 

6 recommendations for natural gas and hazardous liquid 

7 pipelines and pipeline facilities. If the Secretary of Home8 land Security determines that regulations are appropriate, 

9 the Secretary shall promulgate such regulations and carry 

10 out necessary inspection and enforcement actions. Any reg11 ulations should incorporate the guidance provided to pipe12 line operators by the September 5, 2002, Department of 

13 Transportation Research and Special Programs Adminis14 tration’s Pipeline Security Information Circular and con15 tain additional requirements as necessary based upon the 

16 results of the inspections performed under subsection (b). 

17 The regulations shall include the imposition of civil pen18 alties for non-compliance. 

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

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

21 be made available to the Secretary of Homeland Security 

22 to carry out this section— 

23 (1) $2,000,000 for fiscal year 2007; and 

24 (2) $2,000,000 for fiscal year 2008. 


CCOLEMAN on PROD1PC71 with BILLS
167 

•S 1052 RS 

1 SEC. 408. MEMORANDUM OF AGREEMENT. 

2 Within 6 months after the date of enactment of this 

3 Act, the Secretary of Transportation and the Secretary of 

4 Homeland Security shall execute and develop an annex to 

5 the memorandum of agreement between the 2 departments 

6 signed on September 28, 2004, governing the specific roles, 

7 delineations of responsibilities, resources and commitments 

8 of the Department of Transportation and the Department 

9 of Homeland Security, respectively, in addressing pipeline 

10 security and hazardous materials transportation security 

11 matters, including the processes the Departments will follow 

12 to promote communications, efficiency, and nonduplication 

13 of effort. 

14 SEC. 409. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM. 

15 (a) DEVELOPMENT.—The Secretary of Homeland Se16 curity, in conjunction with the Secretary of Transportation, 

17 shall develop a national public sector response system to 

18 receive security alerts, emergency messages, and other infor19 mation used to track the transportation of high hazard ma20 terials which can provide accurate, timely, and actionable 

21 information to appropriate first responder, law enforcement 

22 and public safety, and homeland security officials, as ap23 propriate, regarding accidents, threats, thefts, or other safe24 ty and security risks or incidents. In developing this sys25 tem, they shall consult with law enforcement and public 

26 safety officials, hazardous material shippers, motor carVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00167 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
168 

•S 1052 RS 

1 riers, railroads, organizations representing hazardous ma2 terial employees, State transportation and hazardous mate3 rials officials, Operation Respond, private for-profit emer4 gency response organizations, and commercial motor vehicle 

5 and hazardous material safety groups. The development of 

6 the national public sector response system shall be based 

7 upon the public sector response center developed for the 

8 Transportation Security Administration hazardous mate9 rial truck security pilot program and hazardous material 

10 safety and security operational field test undertaken by the 

11 Federal Motor Carrier Safety Administration. 

12 (b) CAPABILITY.—The national public sector response 

13 system shall be able to receive, as appropriate— 

14 (1) negative driver verification alerts; 

15 (2) out-of-route alerts; 

16 (3) driver panic or emergency alerts; and 

17 (4) tampering or release alerts. 

18 (c) CHARACTERISTICS.—The national public sector re19 sponse system shall— 

20 (1) be an exception-based system; 

21 (2) be integrated with other private and public 

22 sector operation reporting and response systems and 

23 all Federal homeland security threat analysis systems 

24 or centers (including the National Response Center); 

25 and 


CCOLEMAN on PROD1PC71 with BILLS
169 

•S 1052 RS 

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

2 alert notification messages. 

3 (d) CARRIER PARTICIPATION.—The Secretary of 

4 Homeland Security shall coordinate with motor carriers 

5 and railroads transporting high hazard materials, entities 

6 acting on their behalf who receive communication alerts 

7 from motor carriers or railroads, or other Federal agencies 

8 that receive security and emergency related notification re9 garding high hazard materials in transit to facilitate the 

10 provisions of the information listed in subsection (b) to the 

11 national public sector response system to the extent possible. 

12 (e) DATA PRIVACY.—The national public sector re13 sponse system shall be designed to ensure appropriate pro14 tection of data and information relating to motor carriers, 

15 railroads, and employees. 

16 (f) REPORT.—Not later than 180 days after the date 

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

18 the Senate Committee on Commerce, Science, and Trans19 portation, the House of Representatives Committee on 

20 Transportation and Infrastructure, and the House of Rep21 resentatives Committee on Homeland Security a report on 

22 the estimated total public and private sector costs to estab23 lish and annually operate the national public sector re24 sponse system under subsection (a), together with any rec25 ommendations for generating private sector participation 


CCOLEMAN on PROD1PC71 with BILLS
170 

•S 1052 RS 

1 and investment in the development and operation of the na2 tional public sector response system. 

3 (g) FUNDING.—Out of funds appropriated pursuant to 

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

5 be made available to the Secretary of Homeland Security 

6 to carry out this section— 

7 (1) $1,000,000 for fiscal year 2007; 

8 (2) $1,000,000 for fiscal year 2008; and 

9 (3) $1,000,000 for fiscal year 2009. 

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

11 (a) IN GENERAL.—The Secretary of Homeland Secu12 rity shall establish a program within the Transportation 

13 Security Administration for making grants to private oper14 ators of over-the-road buses or over-the-road-bus terminal 

15 operators for system-wide security improvements to their 

16 operations, including— 

17 (1) constructing and modifying terminals, ga18 rages, facilities, or over-the-road buses to assure their 

19 security; 

20 (2) protecting or isolating the driver; 

21 (3) acquiring, upgrading, installing, or oper22 ating equipment, software, or accessorial services for 

23 collection, storage, or exchange of passenger and driv24 er information through ticketing systems or otherwise, 

25 and information links with government agencies; 


CCOLEMAN on PROD1PC71 with BILLS
171 

•S 1052 RS 

1 (4) training employees in recognizing and re2 sponding to security threats, evacuation procedures, 

3 passenger screening procedures, and baggage inspec4 tion; 

5 (5) hiring and training security officers; 

6 (6) installing cameras and video surveillance 

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

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

9 (7) creating a program for employee identifica10 tion or background investigation; 

11 (8) establishing and upgrading an emergency 

12 communications system linking operational head13 quarters, over-the-road buses, law enforcement, and 

14 emergency personnel; and 

15 (9) implementing and operating passenger 

16 screening programs at terminals and on over-the-road 

17 buses. 

18 (b) FEDERAL SHARE.—The Federal share of the cost 

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

20 80 percent. 

21 (c) DUE CONSIDERATION.—In making grants under 

22 this section, the Secretary shall give due consideration to 

23 private operators of over-the-road buses that have taken 

24 measures to enhance bus transportation security from those 

25 in effect before September 11, 2001, and shall prioritize 


CCOLEMAN on PROD1PC71 with BILLS
172 

•S 1052 RS 

1 grant funding based on the magnitude and severity of the 

2 security threat to bus passengers and the ability of the fund3 ed project to reduce, or respond to, that threat. 

4 (d) GRANT REQUIREMENTS.—A grant under this sec5 tion shall be subject to all the terms and conditions that 

6 a grant is subject to under section 3038(f) of the Transpor7 tation Equity Act for the 21st Century (49 U.S.C. 5310 

8 note; 112 Stat. 393). 

9 (e) PLAN REQUIREMENT.— 

10 (1) IN GENERAL.—The Secretary may not make 

11 a grant under this section to a private operator of 

12 over-the-road buses until the operator has first sub13 mitted to the Secretary— 

14 (A) a plan for making security improve15 ments described in subsection (a) and the Sec16 retary has approved the plan; and 

17 (B) such additional information as the Sec18 retary may require to ensure accountability for 

19 the obligation and expenditure of amounts made 

20 available to the operator under the grant. 

21 (2) COORDINATION.—To the extent that an ap22 plication for a grant under this section proposes secu23 rity improvements within a specific terminal owned 

24 and operated by an entity other than the applicant, 

25 the applicant shall demonstrate to the satisfaction of 


CCOLEMAN on PROD1PC71 with BILLS
173 

•S 1052 RS 

1 the Secretary that the applicant has coordinated the 

2 security improvements for the terminal with that en3 tity. 

4 (f) OVER-THE-ROAD BUS DEFINED.—In this section, 

5 the term ‘‘over-the-road bus’’ means a bus characterized by 

6 an elevated passenger deck located over a baggage compart7 ment. 

8 (g) BUS SECURITY ASSESSMENT.— 

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

10 the date of enactment of this Act, the Secretary shall 

11 transmit to the Senate Committee on Commerce, 

12 Science, and Transportation, the House of Represent13 atives Committee on Transportation and Infrastruc14 ture, and the House of Representatives Committee on 

15 Homeland Security a preliminary report in accord16 ance with the requirements of this section. 

17 (2) CONTENTS OF PRELIMINARY REPORT.—The 

18 preliminary report shall include— 

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

20 security grant program; 

21 (B) an assessment of actions already taken 

22 to address identified security issues by both pub23 lic and private entities and recommendations on 

24 whether additional safety and security enforce25 ment actions are needed; 


CCOLEMAN on PROD1PC71 with BILLS
174 

•S 1052 RS 

1 (C) an assessment of whether additional leg2 islation is needed to provide for the security of 

3 Americans traveling on over-the-road buses; 

4 (D) an assessment of the economic impact 

5 that security upgrades of buses and bus facilities 

6 may have on the over-the-road bus transpor7 tation industry and its employees; 

8 (E) an assessment of ongoing research and 

9 the need for additional research on over-the-road 

10 bus security, including engine shut-off mecha11 nisms, chemical and biological weapon detection 

12 technology, and the feasibility of 

13 compartmentalization of the driver; and 

14 (F) an assessment of industry best practices 

15 to enhance security. 

16 (3) CONSULTATION WITH INDUSTRY, LABOR, AND

17 OTHER GROUPS.—In carrying out this section, the 

18 Secretary shall consult with over-the-road bus man19 agement and labor representatives, public safety and 

20 law enforcement officials, and the National Academy 

21 of Sciences. 

22 (h) FUNDING.—Out of funds appropriated pursuant to 

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

24 be made available to the Assistant Secretary of Homeland 


CCOLEMAN on PROD1PC71 with BILLS
175 

•S 1052 RS 

1 Security (Transportation Security Administration), to 

2 carry out this section— 

3 (1) $50,000,000 for fiscal year 2007; 

4 (2) $50,000,000 for fiscal year 2008; and 

5 (3) $50,000,000 for fiscal year 2009. 

6 Amounts made available pursuant to this subsection shall 

7 remain available until expended. 

8 TITLE V—IMPROVED MARITIME 

9 SECURITY 

10 SEC. 501. ESTABLISHMENT OF ADDITIONAL INTERAGENCY 

11 OPERATIONAL CENTERS FOR PORT SECU12 RITY. 

13 (a) IN GENERAL.—In order to improve interagency co14 operation, unity of command, and the sharing of intel15 ligence information in a common mission to provide greater 

16 protection for port and intermodal transportation systems 

17 against acts of terrorism, the Secretary of Homeland Secu18 rity, acting through the Commandant of the Coast Guard, 

19 shall establish interagency operational centers for port secu20 rity at all high priority ports. 

21 (b) CHARACTERISTICS.—The interagency operational 

22 centers shall— 

23 (1) be based on the most appropriate 

24 compositional and operational characteristics of the 

25 pilot project interagency operational centers for port 


CCOLEMAN on PROD1PC71 with BILLS
176 

•S 1052 RS 

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

2 Virginia, Charleston, South Carolina, and San Diego, 

3 California; 

4 (2) be adapted to meet the security needs, re5 quirements, and resources of the individual port area 

6 at which each is operating; 

7 (3) provide for participation by representatives 

8 of the United States Customs and Border Protection, 

9 the Transportation Security Administration, the De10 partment of Defense, and other Federal agencies, as 

11 determined to be appropriate by the Secretary of 

12 Homeland Security, and State and local law enforce13 ment or port security agencies and personnel; and 

14 (4) be incorporated in the implementation of— 

15 (A) maritime transportation security plans 

16 developed under section 70103 of title 46, United 

17 States Code; 

18 (B) maritime intelligence activities under 

19 section 70113 of that title; 

20 (C) short and long range vessel tracking 

21 under sections 70114 and 70115 of that title; 

22 (D) secure transportation systems under 

23 section 70116 of that title; 


CCOLEMAN on PROD1PC71 with BILLS
177 

•S 1052 RS 

1 (E) the United States Customs and Border 

2 Protection’s screening and high-risk cargo in3 spection programs; and 

4 (F) the transportation security incident re5 sponse plans required by section 70104 of that 

6 title. 

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

8 this section relieves the Commandant of the Coast Guard 

9 from compliance with the requirements of section 807 of the 

10 Coast Guard and Maritime Transportation Act of 2004. 

11 The Commandant shall utilize the information developed 

12 in making the report required by that section in carrying 

13 out the requirements of this section. 

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

15 180 days after the date of enactment of this Act, the Sec16 retary shall transmit to the Senate Committee on Com17 merce, Science, and Transportation, the House of Rep18 resentatives Committee on Transportation and Infrastruc19 ture, and the House of Representatives Committee on 

20 Homeland Security a proposed budget analysis for imple21 menting subsection (a), including cost-sharing arrange22 ments with other Federal departments and agencies in23 volved in the interagency operation of the centers. 


CCOLEMAN on PROD1PC71 with BILLS
178 

•S 1052 RS 

1 SEC. 502. AREA MARITIME TRANSPORTATION SECURITY 

2 PLAN TO INCLUDE SALVAGE RESPONSE PLAN. 

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

4 amended— 

5 (1) by striking ‘‘and’’ after the semicolon in sub6 paragraph (E); 

7 (2) by redesignating subparagraph (F) as sub8 paragraph (G); and 

9 (3) by inserting after subparagraph (E) the fol10 lowing: 

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

12 ‘‘(i) to identify salvage equipment ca13 pable of restoring operational trade capac14 ity; and 

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

16 through United States ports is re-established 

17 as efficiently and quickly as possible after a 

18 transportation security incident.’’. 

19 SEC. 503. POST-INCIDENT RESUMPTION OF TRADE. 

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

21 is amended by inserting after ‘‘incident.’’ the following: 

22 ‘‘The plan shall provide, to the extent practicable, preference 

23 in the reestablishment of the flow of cargo through United 

24 States ports after a transportation security incident to— 

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

26 approved under subsection (c); 


CCOLEMAN on PROD1PC71 with BILLS
179 

•S 1052 RS 

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

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

3 have undergone a background records check 

4 under section 70105(d) or who hold transpor5 tation security cards issued under section 70105; 

6 and 

7 ‘‘(iii) vessels on which all the cargo has un8 dergone screening and inspection under stand9 ards and procedures established under section 

10 70116(b)(2) of this title.’’. 

11 SEC. 504. ASSISTANCE FOR FOREIGN PORTS. 

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

13 States Code, is amended— 

14 (1) by striking the section heading and inserting 

15 the following: 

16 ‘‘§ 70109. International cooperation and coordination’’

17 ; and 

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

19 ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.— 

20 ‘‘(1) IN GENERAL.—The Secretary, in consulta21 tion with the Secretary of Transportation, the Sec22 retary of State, the Secretary of Energy, and the 

23 Commandant of the United States Coast Guard, shall 

24 identify foreign assistance programs that could facili25 tate implementation of port security antiterrorism 


CCOLEMAN on PROD1PC71 with BILLS
180 

•S 1052 RS 

1 measures in foreign countries. The Secretary shall es2 tablish a program to utilize those programs that are 

3 capable of implementing port security antiterrorism 

4 measures at ports in foreign countries that the Sec5 retary finds, under section 70108, to lack effective 

6 antiterrorism measures. 

7 ‘‘(2) CARIBBEAN BASIN.—The Secretary, in co8 ordination with the Secretary of State and in con9 sultation with the Organization of American States 

10 and the Commandant of the United States Coast 

11 Guard, shall place particular emphasis on utilizing 

12 programs to facilitate the implementation of port se13 curity antiterrorism measures at the ports located in 

14 the Caribbean Basin, as such ports pose unique secu15 rity and safety threats to the United States due to— 

16 ‘‘(A) the strategic location of such ports be17 tween South America and United States; 

18 ‘‘(B) the relative openness of such ports; and 

19 ‘‘(C) the significant number of shipments of 

20 narcotics to the United States that are moved 

21 through such ports. 

22 ‘‘(d) INTERNATIONAL CARGO SECURITY STANDARDS.— 

23 The Secretary of State, in consultation with the Secretary 

24 acting through the Commissioner of Customs and Border 

25 Protection, shall enter into negotiations with foreign govVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00180 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
181 

•S 1052 RS 

1 ernments and international organizations, including the 

2 International Maritime Organization, the World Customs 

3 Organization, the International Labor Organization, and 

4 the International Standards Organization, as appro5 priate— 

6 ‘‘(1) to promote standards for the security of con7 tainers and other cargo moving within the inter8 national supply chain; 

9 ‘‘(2) to encourage compliance with minimum 

10 technical requirements for the capabilities of non11 intrusive inspection equipment, including imaging 

12 and radiation detection devices, established under sec13 tion 506 of the Transportation Security Improvement 

14 Act of 2005; 

15 ‘‘(3) to implement the requirements of the con16 tainer security initiative under section 70121; and 

17 ‘‘(4) to implement standards and procedures es18 tablished under section 70116.’’. 

19 (b) REPORT ON SECURITY AT PORTS IN THE CARIB20 BEAN BASIN.—Not later than 180 days after the date of 

21 enactment of this Act, the Comptroller General shall submit 

22 to the Senate Committee on Commerce, Science, and Trans23 portation, the House of Representatives Committee on 

24 Transportation and Infrastructure, and the House of RepVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00181 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
182 

•S 1052 RS 

1 resentatives Committee on Homeland Security a report on 

2 the security of ports in the Caribbean Basin. The report— 

3 (1) shall include— 

4 (A) an assessment of the effectiveness of the 

5 measures employed to improve security at ports 

6 in the Caribbean Basin and recommendations 

7 for any additional measures to improve such se8 curity; 

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

10 the Caribbean Basin that will not be secured by 

11 January 1, 2007, and an estimate of the finan12 cial impact in the United States of any action 

13 taken pursuant to section 70110 of title 46, 

14 United States Code, that affects trade between 

15 such ports and the United States; and 

16 (C) an assessment of the additional re17 sources and program changes that are necessary 

18 to maximize security at ports in the Caribbean 

19 Basin; and 

20 (2) may be submitted in both classified and re21 dacted formats. 

22 (c) CONFORMING AMENDMENT.—The chapter analysis 

23 for chapter 701 of title 46, United States Code, is amended 

24 by striking the item relating to section 70901 and inserting 

25 the following: 

‘‘70901. International cooperation and coordination.’’. 


CCOLEMAN on PROD1PC71 with BILLS
183 

•S 1052 RS 

1 SEC. 505. IMPROVED DATA FOR TARGETED CARGO 

2 SEARCHES. 

3 (a) IN GENERAL.—In order to provide the best possible 

4 data for the automated targeting system developed and op5 erated by United States Customs and Border Protection 

6 under section 70116(b)(1) of title 46, United States Code, 

7 that identifies high-risk cargo for inspection before it is 

8 loaded in a foreign port for shipment to the United States, 

9 the Secretary of Homeland Security, acting through the 

10 Commissioner of Customs and Border Protection, shall re11 quire importers shipping goods to the United States via 

12 cargo container to supply entry data not later than 24 

13 hours before loading a container under the advance notifica14 tion requirements under section 484(a)(2) of the Tariff Act 

15 of 1930 (19 U.S.C. 1484(a)(2)). 

16 (b) DEADLINE.—The requirement imposed under sub17 section (a) shall apply to goods entered after July 1, 2006. 

18 (c) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) There are authorized to be appropriated to 

20 the Secretary of Homeland Security to carry out the 

21 automated targeting system program to identify high22 risk oceanborne container cargo for inspection— 

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

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

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


CCOLEMAN on PROD1PC71 with BILLS
184 

•S 1052 RS 

1 (2) The amounts authorized by this subsection 

2 shall be in addition to any other amounts authorized 

3 to be appropriated to carry out that program. 

4 SEC. 506. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE 

5 INSPECTION EQUIPMENT. 

6 Within 2 years after the date of enactment of this Act, 

7 the Commissioner of Customs and Border Protection, in 

8 consultation with the National Institute of Science and 

9 Technology, shall initiate a rulemaking to establish min10 imum technical requirements for the capabilities of non11 intrusive inspection equipment, including imaging and ra12 diation detection devices, that help ensure that all equip13 ment used can detect risks and threats as determined appro14 priate by the Secretary, while considering the need not to 

15 endorse specific companies or to create sovereignty conflicts 

16 with participating countries. 

17 SEC. 507. RANDOM INSPECTION OF CONTAINERS. 

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

19 the Commissioner of Customs and Border Protection shall 

20 develop and implement a plan, utilizing best practices for 

21 empirical scientific research design and random sampling 

22 standards for random physical inspection of shipping con23 tainers in addition to any targeted or pre-shipment inspec24 tion of such containers required by law or regulation or 

25 conducted under any other program conducted by the ComVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00184 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
185 

•S 1052 RS 

1 missioner. Nothing in this section shall be construed to 

2 mean that implementation of the random sampling plan 

3 would preclude the additional physical inspection of ship4 ping containers not inspected pursuant to the plan. 

5 SEC. 508. CARGO SECURITY. 

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

7 States Code, is amended— 

8 (1) by redesignating the second section 70118 

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

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

11 Transportation Act of 2004, as section 70119; 

12 (2) by redesignating the first section 70119 (re13 lating to enforcement by State and local officers), as 

14 added by section 801(a) of the Coast Guard and Mar15 itime Transportation Act of 2004, as section 70120; 

16 (3) by redesignating the second section 70119 

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

18 802(a)(1) of the Coast Guard and Maritime Trans19 portation Act of 2004, as section 70122; and 

20 (4) by inserting after section 70120, as redesig21 nated by paragraph (2), the following: 

22 ‘‘§ 70121. Container security initiative 

23 ‘‘(a) IN GENERAL.—Pursuant to the standards estab24 lished under subsection (b)(1) of section 70116— 


CCOLEMAN on PROD1PC71 with BILLS
186 

•S 1052 RS 

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

2 Customs and Border Protection, shall issue regula3 tions to— 

4 ‘‘(A) evaluate and screen cargo documents 

5 prior to loading in a foreign port for shipment 

6 to the United States, either directly or via a for7 eign port; and 

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

9 port intended for shipment to the United States 

10 by physical examination or nonintrusive exam11 ination by technological means; and 

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

13 Protection shall execute inspection and screening pro14 tocols with authorities in foreign ports to ensure that 

15 the standards and procedures promulgated under 

16 paragraph (1) are implemented in an effective man17 ner. 

18 ‘‘(b) EXTENSION OF CONTAINER SECURITY INITIATIVE

19 TO OTHER PORTS.—The Secretary, through the Commis20 sioner of Customs and Border Protection, may designate 

21 foreign seaports under this section if, with respect to any 

22 such seaport, the Secretary determines that— 

23 ‘‘(1) the seaport— 

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


CCOLEMAN on PROD1PC71 with BILLS
187 

•S 1052 RS 

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

2 transshipment, in terms of volume or value, for 

3 cargo being imported to the United States; and 

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

5 secure system of transportation pursuant to sec6 tion 70116; and 

7 ‘‘(2) the Department of State and representatives 

8 of the country with jurisdiction over the port have 

9 completed negotiations to ensure compliance with the 

10 requirements of the container security initiative. 

11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated to the Secretary to carry out 

13 this section— 

14 ‘‘(1) $142,000,000 for fiscal year 2007; 

15 ‘‘(2) $144,000,000 for fiscal year 2008; and 

16 ‘‘(3) $146,000,000 for fiscal year 2009.’’. 

17 (b) CONFORMING AMENDMENTS.— 

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

19 46, United States Code, is amended by striking the 

20 items following the item relating to section 70116 and 

21 inserting the following: 

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

‘‘70118. Firearms, arrests, and seizure of property. 

‘‘70119. Withholding of clearance. 

‘‘70120. Enforcement by State and local officers. 

‘‘70121. Container security initiative. 

‘‘70122. Civil penalty.’’. 


CCOLEMAN on PROD1PC71 with BILLS
188 

•S 1052 RS 

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

2 Code, is amended by striking ‘‘section 70120’’ and in3 serting ‘‘section 70122’’. 

4 (3) Section 70119(a) of such title, as redesig5 nated by subsection (a)(1) of this section, is amend6 ed— 

7 (A) by striking ‘‘under section 70119,’’ and 

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

9 (B) by striking ‘‘under section 70120,’’ and 

10 inserting ‘‘under that section,’’. 

11 (4) Section 111 of the Maritime Transportation 

12 Security Act of 2002 is repealed. 

13 SEC. 509. SECURE SYSTEMS OF INTERNATIONAL INTER14 MODAL TRANSPORTATION. 

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

16 amended— 

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

18 (a) and inserting ‘‘transportation— 

19 ‘‘(1) to ensure the security and integrity of ship20 ments of goods to the United States from the point at 

21 which such goods are initially packed or loaded into 

22 a cargo container for international shipment until 

23 they reach their ultimate destination; and 


CCOLEMAN on PROD1PC71 with BILLS
189 

•S 1052 RS 

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

2 through the entire supply chain through an expedited 

3 security and clearance program.’’; and 

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

5 following: 

6 ‘‘(b) PROGRAM ELEMENTS.—In establishing and con7 ducting the program under subsection (a) the Secretary, 

8 acting through the Commissioner of Customs and Border 

9 Protection, 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, or 

14 nuclear material and for securely sealing such con15 tainers after the contents are so verified; 

16 ‘‘(2) establish standards and procedures for 

17 screening and evaluating cargo prior to loading in a 

18 foreign port for shipment to the United States either 

19 directly or via a foreign port; 

20 ‘‘(3) establish standards and procedures for se21 curing cargo and monitoring that security while in 

22 transit; 

23 ‘‘(4) develop performance standards to enhance 

24 the physical security of shipping containers, includ25 ing performance standards for seals and locks; 


CCOLEMAN on PROD1PC71 with BILLS
190 

•S 1052 RS 

1 ‘‘(5) establish standards and procedures for allow2 ing the United States Government to ensure and vali3 date compliance with this program; and 

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

5 considers necessary to ensure the security and integ6 rity of international intermodal transport movements. 

7 ‘‘(c) BENEFITS FROM PARTICIPATION.—The Commis8 sioner of Customs and Border Protection may provide expe9 dited clearance of cargo to an entity that— 

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

11 under subsection (b); and 

12 ‘‘(2) certifies the security of its supply chain not 

13 less often than once every 2 years to the Secretary.’’. 

14 SEC. 510. PORT SECURITY USER FEE STUDY. 

15 The Secretary of Homeland Security shall conduct a 

16 study of the need for, and feasibility of, establishing a sys17 tem of oceanborne and port-related intermodal transpor18 tation user fees that could be imposed and collected as a 

19 dedicated revenue source, on a temporary or continuing 

20 basis, to provide necessary funding for the improvement 

21 and maintenance of enhanced port security. Within 1 year 

22 after date of enactment of this Act, the Secretary shall sub23 mit a report to the Senate Committee on Commerce, 

24 Science, and Transportation, the House of Representatives 

25 Committee on Transportation and Infrastructure, and the 


CCOLEMAN on PROD1PC71 with BILLS
191 

•S 1052 RS 

1 House of Representatives Committee on Homeland Security 

2 that— 

3 (1) contains the Secretary’s findings, conclu4 sions, and recommendations (including legislative rec5 ommendations if appropriate); and 

6 (2) includes an assessment of the annual amount 

7 of customs fees and duties collected through ocean8 borne and port-related transportation and the amount 

9 and percentage of such fees and duties that are dedi10 cated to improve and maintain security. 

11 SEC. 511. DEADLINE FOR TRANSPORTATION SECURITY 

12 CARDS. 

13 The Secretary shall issue a final rule under section 

14 70105 of title 46, United States Code, no later than Janu15 ary 1, 2007. 

16 SEC. 512. PORT SECURITY GRANTS. 

17 (a) BASIS FOR GRANTS.—Section 70107(a) of title 46, 

18 United States Code, is amended by striking ‘‘for making 

19 a fair and equitable allocation of funds’’ and inserting 

20 ‘‘based on risk and vulnerability’’. 

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

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

23 and redesignating paragraphs (2) through (4) as para24 graphs (1) through (3), respectively. 


CCOLEMAN on PROD1PC71 with BILLS
192 

•S 1052 RS 

1 (c) LETTERS OF INTENT.—Section 70107(e) of title 46, 

2 United States Code, is amended by adding at the end the 

3 following: 

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

5 execute letters of intent to commit funding to port 

6 sponsors from the Fund.’’. 

7 SEC. 513. CUSTOMS-TRADE PARTNERSHIP AGAINST TER8 RORISM SECURITY VALIDATION PROGRAM. 

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

10 States Code, as amended by section 508 of this title, is fur11 ther amended— 

12 (1) by redesignating section 70122 (as redesig13 nated by section 508(a)(3) of this title) as section 

14 70123; and 

15 (2) by inserting after section 70121 the fol16 lowing: 

17 ‘‘§ 70122. Customs-Trade Partnership Against Ter18 rorism validation program. 

19 ‘‘(a) VALIDATION; RECORDS MANAGEMENT.—The Sec20 retary of Homeland Security, through the Commissioner of 

21 Customs and Border Protection, shall issue regulations— 

22 ‘‘(1) to strengthen the validation process to verify 

23 that security programs of members of the Customs24 Trade Partnership Against Terrorism have been im25 plemented and that the program benefits should conVerDate Aug 31 2005 23:51 Feb 27, 2006 Jkt 049196 PO 00000 Frm 00192 Fmt 6652 Sfmt 6203 E:\BILLS\S1052.RS S1052

CCOLEMAN on PROD1PC71 with BILLS
193 

•S 1052 RS 

1 tinue by providing appropriate guidance to special2 ists conducting such validations, including estab3 lishing what level of review is adequate to determine 

4 whether member security practices are reliable, accu5 rate, and effective; and 

6 ‘‘(2) to implement a records management system 

7 that documents key decisions and significant oper8 ational events accurately and in a timely manner, in9 cluding a reliable system for— 

10 ‘‘(A) documenting and maintaining records 

11 of all decisions in the application through vali12 dation processes, including documentation of the 

13 objectives, scope, methodologies, and limitations 

14 of validations; and 

15 ‘‘(B) tracking member status. 

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

17 the date of enactment of the Transportation Security Im18 provement Act of 2005, the Secretary shall complete a 

19 human capital plan, that clearly describes how the Cus20 toms-Trade Partnership Against Terrorism program will 

21 recruit, train, and retain sufficient staff to conduct the work 

22 of the program successfully, including reviewing security 

23 profiles, vetting, and conducting validations to mitigate 

24 program risk.’’. 


CCOLEMAN on PROD1PC71 with BILLS
194 

•S 1052 RS 

1 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated to the Secretary of Homeland 

3 Security to carry out section 70122 of title 49, United 

4 States Code, not to exceed— 

5 (1) $60,000,000 for fiscal year 2007; 

6 (2) $65,000,000 for fiscal year 2008; and 

7 (3) $72,000,000 for fiscal year 2009. 

8 (c) CONFORMING AMENDMENTS.— 

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

10 46, United States Code, as amended by section 508(b) 

11 of this title, is further amended by striking the item 

12 relating to section 70122 and inserting the following: 

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

‘‘70123. Civil penalty.’’. 

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

14 United States Code, as amended by section 508(b)(2) 

15 and (3), respectively, of this Act, are each amended 

16 by striking ‘‘section 70122,’’ and inserting ‘‘section 

17 70123,’’. 

18 SEC. 514. WORK STOPPAGES AND EMPLOYEE-EMPLOYER 

19 DISPUTES. 

20 Section 70101(6) is amended by inserting after ‘‘area.’’ 

21 the following: ‘‘In this paragraph, the term ‘economic dis22 ruption’ does not include a work stoppage or other non23 violent employee-related action resulting from an employee24 employer dispute.’’. 


CCOLEMAN on PROD1PC71 with BILLS
195 

•S 1052 RS 

1 SEC. 515. APPEAL OF DENIAL OF WAIVER FOR TRANSPOR2 TATION SECURITY CARD. 

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

4 amended by inserting ‘‘or a waiver under paragraph (2)’’ 

5 after ‘‘card’’. 

6 SEC. 516. INSPECTION OF CAR FERRIES ENTERING FROM 

7 CANADA. 

8 Within 120 days after the date of enactment of this 

9 Act, the Secretary of Homeland Security, acting through 

10 the Commissioner of Customs and Border Protection, in co11 ordination with the Secretary of State, and their Canadian 

12 counterparts, shall develop a plan for the inspection of pas13 sengers and vehicles before such passengers board, or such 

14 vehicles are loaded onto, a ferry bound for a United States 

15 port. 


CCOLEMAN on PROD1PC71 with BILLS
Calendar No. 364 

109TH CONGRESS 

2D SESSION S. 1052 

[Report No. 109

–216] 

A BILL 

To improve transportation security, and for other 

purposes. 

FEBRUARY 27, 2006 

Reported with an amendment 


CCOLEMAN on PROD1PC71 with BILLS