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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1052 Reported in Senate (RS)]

<DOC>
                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the 
``Transportation Security Improvement Act of 2005''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

                    <DELETED>Title I--Authorizations

<DELETED>Sec. 101. Transportation Security Administration 
                            authorization.
<DELETED>Sec. 102. Department of Transportation authorization.
<DELETED>Sec. 103. Certain personnel limitations not to apply.
<DELETED>Sec. 104. Intermodal regional security managers.
<DELETED>Sec. 105. Security threat assessment coordination policy.
<DELETED>Sec. 106. Reorganizations.
             <DELETED>Title II--Improved Aviation Security

<DELETED>Sec. 201. Post-fiscal year 2006 air carrier security fees.
<DELETED>Sec. 202. Alternative collection methods for passenger 
                            security fee.
<DELETED>Sec. 203. Screener training review.
<DELETED>Sec. 204. Employee retention internship program.
<DELETED>Sec. 205. Repair station security.
<DELETED>Sec. 206. Waiver process for certain employment 
                            disqualifications.
               <DELETED>Title III--Improved Rail Security

<DELETED>Sec. 301. Short title.
<DELETED>Sec. 302. Rail transportation security risk assessment.
<DELETED>Sec. 303. Systemwide Amtrak security upgrades.
<DELETED>Sec. 304. Fire and life-safety improvements.
<DELETED>Sec. 305. Freight and passenger rail security upgrades.
<DELETED>Sec. 306. Rail security research and development.
<DELETED>Sec. 307. Oversight and grant procedures.
<DELETED>Sec. 308. Amtrak plan to assist families of passengers 
                            involved in rail passenger accidents.
<DELETED>Sec. 309. Northern Border rail passenger report.
<DELETED>Sec. 310. Rail worker security training program.
<DELETED>Sec. 311. Whistleblower protection program.
<DELETED>Sec. 312. High hazard material security threat mitigation 
                            plans.
<DELETED>Sec. 313. Memorandum of agreement.
<DELETED>Sec. 314. Rail security enhancements.
<DELETED>Sec. 315. Welded rail and tank car safety improvements.
<DELETED>Sec. 316. Report regarding impact on security of train travel 
                            in communities without grade separation.
<DELETED>Sec. 317. Study of foreign rail transport security programs.
<DELETED>Sec. 318. Passenger, baggage, and cargo screening.
<DELETED>Sec. 319. Public awareness.
<DELETED>Sec. 320. Railroad high hazard material tracking.
<DELETED>Title IV--Improved Motor Carrier, Bus, and Hazardous Material 
                                Security

<DELETED>Sec. 401. Background checks for drivers hauling hazardous 
                            materials.
<DELETED>Sec. 402. Written plans for hazardous materials highway 
                            routing.
<DELETED>Sec. 403. Motor carrier high hazard material tracking.
<DELETED>Sec. 404. Truck leasing security training guidelines.
<DELETED>Sec. 405. Hazardous materials security inspections and 
                            enforcement.
<DELETED>Sec. 406. Pipeline security and incident recovery plan.
<DELETED>Sec. 407. Pipeline security inspections and enforcement.
<DELETED>Sec. 408. Memorandum of agreement.
<DELETED>Sec. 409. National public sector response system.
<DELETED>Sec. 410. Over-the-road bus security assistance.
              <DELETED>Title V--Improved Maritime Security

<DELETED>Sec. 501. Establishment of additional joint operational 
                            centers for port security.
<DELETED>Sec. 502. AMTS plan to include salvage response plan.
<DELETED>Sec. 503. Priority to certain vessels in post-incident 
                            resumption of trade.
<DELETED>Sec. 504. Assistance for foreign ports.
<DELETED>Sec. 505. Improved data used for targeted cargo searches.
<DELETED>Sec. 506. Increase in number of customs inspectors assigned 
                            overseas.
<DELETED>Sec. 507. Random inspection of containers.
<DELETED>Sec. 508. Cargo security.
<DELETED>Sec. 509. Secure systems of international intermodal 
                            transportation.
<DELETED>Sec. 510. Technology for maritime transportation security.
<DELETED>Sec. 511. Deadline for transportation security cards.
<DELETED>Sec. 512. Evaluation and report.
<DELETED>Sec. 513. Port security grants.
<DELETED>Sec. 514. Work stoppages and employee-employer disputes.
<DELETED>Sec. 515. Appeal of denial of waiver for transportation 
                            security card.

               <DELETED>TITLE I--AUTHORIZATIONS</DELETED>

<DELETED>SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION 
              AUTHORIZATION.</DELETED>

<DELETED>    Section 114 of title 49, United States Code, is amended by 
adding at the end thereof the following:</DELETED>
<DELETED>    ``(u) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary of Homeland Security, 
(Transportation Security Administration)--</DELETED>
        <DELETED>    ``(1) for Aviation Security--</DELETED>
                <DELETED>    ``(A) $5,000,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(B) $5,250,000,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    ``(C) $5,500,000,000 for fiscal year 
                2008;</DELETED>
        <DELETED>    ``(2) for Maritime and Land Security--</DELETED>
                <DELETED>    ``(A) $394,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(B) $354,000,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    ``(C) $354,000,000 for fiscal year 
                2008;</DELETED>
        <DELETED>    ``(3) for Intelligence--</DELETED>
                <DELETED>    ``(A) $30,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(B) $32,000,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    ``(C) $34,000,000 for fiscal year 
                2008;</DELETED>
        <DELETED>    ``(4) for Research and Development--</DELETED>
                <DELETED>    ``(A) $30,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(B) $32,000,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    ``(C) $34,000,000 for fiscal year 2008; 
                and</DELETED>
        <DELETED>    ``(5) for Administration--</DELETED>
                <DELETED>    ``(A) $530,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    ``(B) $535,000,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    ``(C) $540,000,000 for fiscal year 
                2008.''.</DELETED>

<DELETED>SEC. 102. DEPARTMENT OF TRANSPORTATION 
              AUTHORIZATION.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary 
of Transportation to carry out title III of this Act and sections 20118 
and 24316 of title 49, United States Code, as added by title III of 
this Act--</DELETED>
        <DELETED>    (1) $261,000,000 for fiscal year 2006;</DELETED>
        <DELETED>    (2) $258,000,000 for fiscal year 2007; 
        and</DELETED>
        <DELETED>    (3) $258,000,000 for fiscal year 2008.</DELETED>

<DELETED>SEC. 103. CERTAIN PERSONNEL LIMITATIONS NOT TO 
              APPLY.</DELETED>

<DELETED>    (a) In General.--Any statutory limitation on the number of 
employees in the Transportation Security Administration of the 
Department of Transportation, before or after its transfer to the 
Department of Homeland Security, does not apply to the extent that any 
such employees are responsible for implementing the provisions of this 
Act.</DELETED>
<DELETED>    (b) Aviation Security.--Nothwithstanding any provision of 
law imposing a limitation on the recruiting or hiring of personnel into 
the Transportation Security Administration to a maximum number of 
permanent positions, the Secretary of Homeland Security shall recruit 
and hire such personnel into the Administration as may be necessary--
</DELETED>
        <DELETED>    (1) to provide appropriate levels of aviation 
        security; and</DELETED>
        <DELETED>    (2) to accomplish that goal in such a manner that 
        the average aviation security-related delay experienced by 
        airline passengers is reduced.</DELETED>

<DELETED>SEC. 104. INTERMODAL REGIONAL SECURITY MANAGERS.</DELETED>

<DELETED>    (a) Establishment, Designation, and Stationing.--The Under 
Secretary of Homeland Security for Border and Transportation Security, 
acting through the Transportation Security Administration, is 
authorized to establish the position of Intermodal Manager within each 
of at least 8 regional areas of the nation, as divided on a 
geographical basis. The Under Secretary shall designate individuals as 
Managers for, and station those Managers within, those 
regions.</DELETED>
<DELETED>    (b) Duties and Powers.--The regional offices shall--
</DELETED>
        <DELETED>    (1) receive intelligence information related to 
        maritime and land security within the region;</DELETED>
        <DELETED>    (2) assist in the development and implementation 
        of vulnerability, threat, and risk assessments, security plans, 
        the identification of critical infrastructure for the region 
        undertaken by the Transportation Security Administration and 
        the Department of Homeland Security, or other public or private 
        entity when appropriate;</DELETED>
        <DELETED>    (3) serve as the regional coordinator of the 
        Assistant Secretary's response to terrorist incidents and 
        threats to maritime and land assets, operations and 
        infrastructure within the region;</DELETED>
        <DELETED>    (4) coordinate efforts related to maritime and 
        land security with other Department officials, State and local 
        law enforcement, and other public and private 
        entities;</DELETED>
        <DELETED>    (5) coordinate with other regional 
        managers;</DELETED>
        <DELETED>    (6) assist the Assistant Secretary in prioritizing 
        maritime and land security improvements, grants, and other 
        efforts funded by the Transportation Security Administration or 
        the Department of Homeland Security within the region; 
        and</DELETED>
        <DELETED>    (7) engage in outreach and promote public 
        awareness of maritime and land security efforts when 
        appropriate.</DELETED>

<DELETED>SEC. 105. SECURITY THREAT ASSESSMENT COORDINATION 
              POLICY.</DELETED>

<DELETED>    (a) In General.--The Secretary of Homeland Security shall 
transmit to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee on 
Transportation and Infrastructure a copy of the report on comprehensive 
terrorist-related screening procedures required by Homeland Security 
Presidential Directive 11 issued on August 27, 2004.</DELETED>
<DELETED>    (b) Format.--The Secretary may submit the report in both 
classified and redacted formats if the Secretary determines that such 
action is appropriate or necessary.</DELETED>

<DELETED>SEC. 106. REORGANIZATIONS.</DELETED>

<DELETED>    The Secretary of Homeland Security shall notify the Senate 
Committee on Commerce, Science, and Transportation, the Senate 
Committee on Homeland Security and Governmental Affairs, and the House 
of Representatives Committee on Homeland Security in writing not less 
than 15 days before--</DELETED>
        <DELETED>    (1) reorganizing or renaming offices;</DELETED>
        <DELETED>    (2) reorganizing programs or activities; 
        or</DELETED>
        <DELETED>    (3) contracting out or privatizing any functions 
        or activities presently performed by Federal 
        employees.</DELETED>

        <DELETED>TITLE II--IMPROVED AVIATION SECURITY</DELETED>

<DELETED>SEC. 201. POST-FISCAL YEAR 2006 AIR CARRIER SECURITY 
              FEES.</DELETED>

<DELETED>    (a) Air Carrier Security Service Fees Subject to 
Congressional Review.--Section 44940(a)(2) of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
                <DELETED>    ``(D) Fiscal years 2007 and later.--The 
                Under Secretary may not impose a fee under subparagraph 
                (A) after September 30, 2006, unless--</DELETED>
                        <DELETED>    ``(i) the fee is imposed by rule 
                        promulgated by the Under Secretary; 
                        and</DELETED>
                        <DELETED>    ``(ii) the Under Secretary submits 
                        the rule to the Senate Committee on Commerce, 
                        Science, and Transportation and the House of 
                        Representatives Committee on Transportation and 
                        Infrastructure not less than 60 days before its 
                        proposed effective date.</DELETED>
                <DELETED>    ``(E) Application of chapter 8 of title 
                5.--Chapter 8 of title 5 applies to any rule 
                promulgated by the Under Secretary imposing a fee under 
                subparagraph (A) after September 30, 2006.''.</DELETED>
<DELETED>    (b) Report on Transportation Security Service Fees.--Each 
year, beginning with calendar year 2006, the Secretary of Homeland 
Security, shall transmit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure on fees, substantially similar to 
the fee imposed under section 44940(a)(2) of title 49, United States 
Code, that are imposed under authority of law on competing modes of 
regularly-scheduled commercial passenger transportation by rail, 
vessel, or over-the-road bus to pay for the difference between the 
Transportation Security Administration's costs of providing 
transportation security services in connection with those modes of 
transportation and amounts collected from fees imposed under authority 
of law on passengers using those modes of transportation, taking into 
account costs that are the same as or similar to the costs described in 
44940(a)(1) of that title that are appropriate to the respective modes 
of transportation.</DELETED>

<DELETED>SEC. 202. ALTERNATIVE COLLECTION METHODS FOR PASSENGER 
              SECURITY FEE.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Study.--The Assistant Secretary of Homeland 
        Security (Transportation Security Administration) shall study 
        the feasibility of collecting the passenger security service 
        fee authorized by section 44940(a) of title 49, United States 
        Code, directly from passengers at, or before they reach, the 
        airport through a system developed or approved by the Assistant 
        Secretary, including the use of vending kiosks, other automated 
        vending devices, the Internet, or other remote vending 
        sites.</DELETED>
        <DELETED>    (2) Solicitation of proposals.--In carrying out 
        this subsection the Secretary shall solicit proposals for such 
        alternative collection mechanisms.</DELETED>
        <DELETED>    (3) Development of alternatives.--Based on the 
        study conducted under paragraph (1) and an evaluation of 
        proposals submitted pursuant to the solicitation under 
        paragraph (2), the Assistant Secretary shall develop such 
        alternative collection systems as the Assistant Secretary 
        determines to be feasible, including schedules and methods to 
        ensure the efficiency of such systems.</DELETED>
<DELETED>    (b) Report.--The Secretary shall report the results of the 
study, together with any recommendations the Secretary deems 
appropriate, to the Congress within 6 months after the date of 
enactment of this Act.</DELETED>
<DELETED>    (c) Demonstration Projects.--If the Secretary determines 
that a system of direct collection of such fees from passengers at 
airports is feasible, the Secretary shall conduct demonstration 
projects at no fewer than 3 airports within 1 year after submitting the 
report required by subsection (b) to the Congress.</DELETED>

<DELETED>SEC. 203. SCREENER TRAINING REVIEW.</DELETED>

<DELETED>    Within 6 months after the date of enactment of this Act, 
the Assistant Secretary of Homeland Security (Transportation Security 
Administration), shall transmit a report on the adequacy of training 
for Transportation Security Administration screeners to the Congress. 
In addition to other issues, the Assistant Secretary shall specifically 
address any multi-hour weekly training requirement for such screeners, 
including an assessment of the degree to which such a requirement is 
observed and whether the requirement is appropriate, workable, and 
desirable. The Inspector General of the Department of Homeland Security 
shall review the report submitted under this section.</DELETED>

<DELETED>SEC. 204. EMPLOYEE RETENTION INTERNSHIP PROGRAM.</DELETED>

<DELETED>    The Assistant Secretary of Homeland Security 
(Transportation Security Administration), shall establish a pilot 
program at no fewer than 3 airports for training students to perform 
screening of passengers and property under section 44901 of title 49, 
United States Code. The program shall be an internship for pre-
employment training of final-year students from public and private 
secondary schools located in nearby communities. Under the program, 
participants--</DELETED>
        <DELETED>    (1) shall be compensated for training and services 
        time while participating in the program, and</DELETED>
        <DELETED>    (2) shall be required to agree, as a condition of 
        participation in the program, to accept employment as a 
        screener upon successful completion of the internship and upon 
        graduation from the secondary school.</DELETED>

<DELETED>SEC. 205. REPAIR STATION SECURITY.</DELETED>

<DELETED>    (a) Certification of Foreign Repair Stations Suspension.--
If the Under Secretary of Homeland Security for Border and 
Transportation Security does not issue the regulations required by 
section 44924(e) of title 49, United States Code, within 90 days after 
the date of enactment of this Act, the Administrator of the Federal 
Aviation Administration may not certify any foreign repair station 
under part 145 of title 14, Code of Federal Regulations after such 90th 
day.</DELETED>
<DELETED>    (b) 6-Month Deadline for Security Review and Audit.--
Subsections (a) and (d) of section 44924 of title 49, United States 
Code, are each amended by striking ``18 months'' and inserting ``6 
months''.</DELETED>

<DELETED>SEC. 206. WAIVER PROCESS FOR CERTAIN EMPLOYMENT 
              DISQUALIFICATIONS.</DELETED>

<DELETED>    Section 44936 of title 49, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(f) Waiver Process.--</DELETED>
        <DELETED>    ``(1) In general.--The Under Secretary for Border 
        and Transportation Security of the Department of Homeland 
        Security shall establish a process to permit an individual who 
        was convicted of a crime listed in subsection (b) to obtain a 
        waiver from the Under Secretary to permit that individual's 
        employment.</DELETED>
        <DELETED>    ``(2) Factors.--In deciding whether to grant a 
        waiver under this subsection, the Under Secretary shall give 
        consideration to the circumstances of the disqualifying crime, 
        restitution made by the individual, and other factors that 
        would tend to indicate that the individual does not pose a 
        security or terrorism risk.</DELETED>
        <DELETED>    ``(3) Appeals process.--The Under Secretary shall 
        establish a process that includes an opportunity for a hearing 
        for individuals who are denied waivers under this 
        subsection.</DELETED>
        <DELETED>    ``(4) Restrictions on use and maintenance of 
        information.--</DELETED>
                <DELETED>    ``(A) Information submitted to or obtained 
                by the Attorney General or the Secretary under this 
                section about an individual may not be made available 
                to the public, including the individual's 
                employer.</DELETED>
                <DELETED>    ``(B) Any information submitted to or 
                obtained under this section shall be maintained 
                confidentially by the Under Secretary and may be used 
                only for making determinations under this section. The 
                Under Secretary may share any such information with 
                other Federal law enforcement agencies. An individual's 
                employer may only be informed whether or not the 
                individual has been granted unescorted access under 
                this section.</DELETED>
        <DELETED>    ``(5) Appeal.--An individual denied a waiver under 
        this subsection may file a civil action appealing that denial 
        in any United States District Court and those courts shall have 
        jurisdiction of the appeal.''.</DELETED>

          <DELETED>TITLE III--IMPROVED RAIL SECURITY</DELETED>

<DELETED>SEC. 301. SHORT TITLE.</DELETED>

<DELETED>    This title may be cited as the ``Rail Security Act of 
2005''.</DELETED>

<DELETED>SEC. 302. RAIL TRANSPORTATION SECURITY RISK 
              ASSESSMENT.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (1) Vulnerability and risk assessment.--The 
        Secretary of Homeland Security shall establish a task force, 
        including the Transportation Security Administration, the 
        Department of Transportation, and other appropriate agencies, 
        to complete a vulnerability and risk assessment of freight and 
        passenger rail transportation (encompassing railroads, as that 
        term is defined in section 20102(1) of title 49, United States 
        Code). The assessment shall include--</DELETED>
                <DELETED>    (A) identification and evaluation of 
                critical assets and infrastructures;</DELETED>
                <DELETED>    (B) identification of vulnerabilities and 
                risks to those assets and infrastructures;</DELETED>
                <DELETED>    (C) identification of vulnerabilities and 
                risks that are specific to the transportation of 
                hazardous materials via railroad; and</DELETED>
                <DELETED>    (D) identification of security weaknesses 
                in passenger and cargo security, transportation 
                infrastructure, protection systems, procedural 
                policies, communications systems, employee training, 
                emergency response planning, and any other area 
                identified by the assessment.</DELETED>
        <DELETED>    (2) Existing private and public sector efforts.--
        The assessment shall take into account actions taken or planned 
        by both public and private entities to address identified 
        security issues and assess the effective integration of such 
        actions.</DELETED>
        <DELETED>    (3) Recommendations.--Based on the assessment 
        conducted under paragraph (1), the Secretary, in consultation 
        with the Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Secretary has for--</DELETED>
                <DELETED>    (A) improving the security of rail 
                tunnels, rail bridges, rail switching and car storage 
                areas, other rail infrastructure and facilities, 
                information systems, and other areas identified by the 
                Secretary as posing significant rail-related risks to 
                public safety and the movement of interstate commerce, 
                taking into account the impact that any proposed 
                security measure might have on the provision of rail 
                service;</DELETED>
                <DELETED>    (B) deploying equipment to detect 
                explosives and hazardous chemical, biological, and 
                radioactive substances, and any appropriate 
                countermeasures;</DELETED>
                <DELETED>    (C) training appropriate railroad or 
                railroad shipper employees in terrorism prevention, 
                passenger evacuation, and response 
                activities;</DELETED>
                <DELETED>    (D) conducting public outreach campaigns 
                on passenger railroads;</DELETED>
                <DELETED>    (E) deploying surveillance equipment; 
                and</DELETED>
                <DELETED>    (F) identifying the immediate and long-
                term costs of measures that may be required to address 
                those risks.</DELETED>
        <DELETED>    (4) Plans.--The report required by subsection (c) 
        shall include--</DELETED>
                <DELETED>    (A) a plan, developed in consultation with 
                the freight and intercity passenger railroads, and 
                State and local governments, for the Federal government 
                to provide increased security support at high or severe 
                threat levels of alert;</DELETED>
                <DELETED>    (B) a plan for coordinating existing and 
                planned rail security initiatives undertaken by the 
                public and private sectors; and</DELETED>
                <DELETED>    (C) a contingency plan, developed in 
                conjunction with freight and intercity and commuter 
                passenger railroads, to ensure the continued movement 
                of freight and passengers in the event of an attack 
                affecting the railroad system, which shall 
                contemplate--</DELETED>
                        <DELETED>    (i) the possibility of rerouting 
                        traffic due to the loss of critical 
                        infrastructure, such as a bridge, tunnel, yard, 
                        or station; and</DELETED>
                        <DELETED>    (ii) methods of continuing 
                        railroad service in the Northeast Corridor in 
                        the event of a commercial power loss, or 
                        catastrophe affecting a critical bridge, 
                        tunnel, yard, or station.</DELETED>
<DELETED>    (b) Consultation; Use of Existing Resources.--In carrying 
out the assessment and developing the recommendations and plans 
required by subsection (a), the Secretary of Homeland Security shall 
consult with rail management, rail labor, owners or lessors of rail 
cars used to transport hazardous materials, first responders, shippers 
of hazardous materials, public safety officials, and other relevant 
parties.</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (1) Contents.--Within 180 days after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representatives Committee on Transportation and 
        Infrastructure a report containing the assessment, prioritized 
        recommendations, and plans required by subsection (a) and an 
        estimate of the cost to implement such 
        recommendations.</DELETED>
        <DELETED>    (2) Format.--The Secretary may submit the report 
        in both classified and redacted formats if the Secretary 
        determines that such action is appropriate or 
        necessary.</DELETED>
<DELETED>    (d) Annual Updates.--The Secretary, in consultation with 
the Secretary of Transportation, shall update the assessment and 
recommendations each year and transmit a report, which may be submitted 
in both classified and redacted formats, to the Committees named in 
subsection (c)(1), containing the updated assessment and 
recommendations.</DELETED>
<DELETED>    (e) Funding.--Out of funds appropriated pursuant to 
section 114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section $5,000,000 for fiscal year 2006.</DELETED>

<DELETED>SEC. 303. SYSTEMWIDE AMTRAK SECURITY UPGRADES.</DELETED>

<DELETED>    (a) In General--Subject to subsection (c) the Secretary of 
Homeland Security, in consulation with the Assistant Secretary of 
Homeland Security (Transportation Security Administration), is 
authorized to make grants to Amtrak--</DELETED>
        <DELETED>    (1) to secure major tunnel access points and 
        ensure tunnel integrity in New York, Baltimore, and Washington, 
        DC;</DELETED>
        <DELETED>    (2) to secure Amtrak trains;</DELETED>
        <DELETED>    (3) to secure Amtrak stations;</DELETED>
        <DELETED>    (4) to obtain a watch list identification system 
        approved by the Secretary;</DELETED>
        <DELETED>    (5) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;</DELETED>
        <DELETED>    (6) to hire additional police and security 
        officers, including canine units; and</DELETED>
        <DELETED>    (7) to expand emergency preparedness 
        efforts.</DELETED>
<DELETED>    (b) Conditions.--The Secretary of Transportation shall 
disburse funds to Amtrak provided under subsection (a) for projects 
contained in a systemwide security plan approved by the Secretary of 
Homeland Security. The plan shall include appropriate measures to 
address security awareness, emergency response, and passenger 
evacuation training.</DELETED>
<DELETED>    (c) Equitable Geographic Allocation.--The Secretary shall 
ensure that, subject to meeting the highest security needs on Amtrak's 
entire system, stations and facilities located outside of the Northeast 
Corridor receive an equitable share of the security funds authorized by 
this section.</DELETED>
<DELETED>    (d) Availability of Funds.--Out of funds appropriated 
pursuant to section 114(u)(2) of title 49, United States Code, there 
shall be made available to the Secretary of Homeland Security and the 
Assistant Secretary of Homeland Security (Transportation Security 
Administration) to carry out this section--</DELETED>
        <DELETED>    (1) $63,500,000 for fiscal year 2006;</DELETED>
        <DELETED>    (2) $30,000,000 for fiscal year 2007; 
        and</DELETED>
        <DELETED>    (3) $30,000,000 for fiscal year 2008.</DELETED>
<DELETED>Amounts appropriated pursuant to this subsection shall remain 
available until expended.</DELETED>

<DELETED>SEC. 304. FIRE AND LIFE-SAFETY IMPROVEMENTS.</DELETED>

<DELETED>    (a) Life-Safety Needs.--The Secretary of Transportation is 
authorized to make grants to Amtrak for the purpose of making fire and 
life-safety improvements to Amtrak tunnels on the Northeast Corridor in 
New York, NY, Baltimore, MD, and Washington, DC.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Out of funds 
appropriated pursuant to section 102 of this Act, there shall be made 
available to the Secretary of Transportation for the purposes of 
carrying out subsection (a) the following amounts:</DELETED>
        <DELETED>    (1) For the 6 New York tunnels to provide 
        ventilation, electrical, and fire safety technology upgrades, 
        emergency communication and lighting systems, and emergency 
        access and egress for passengers--</DELETED>
                <DELETED>    (A) $190,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    (B) $190,000,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    (C) $190,000,000 for fiscal year 
                2008.</DELETED>
        <DELETED>    (2) For the Baltimore & Potomac tunnel and the 
        Union tunnel, together, to provide adequate drainage, 
        ventilation, communication, lighting, and passenger egress 
        upgrades--</DELETED>
                <DELETED>    (A) $19,000,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    (B) $19,000,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    (C) $19,000,000 for fiscal year 
                2008.</DELETED>
        <DELETED>    (3) For the Washington, DC, Union Station tunnels 
        to improve ventilation, communication, lighting, and passenger 
        egress upgrades--</DELETED>
                <DELETED>    (A) $13,333,000 for fiscal year 
                2006;</DELETED>
                <DELETED>    (B) $13,333,000 for fiscal year 2007; 
                and</DELETED>
                <DELETED>    (C) $13,333,000 for fiscal year 
                2008.</DELETED>
<DELETED>    (c) Infrastructure Upgrades.--Out of funds appropriated 
pursuant to section 102 of this Act, there shall be made available to 
the Secretary of Transportation for fiscal year 2006 $3,000,000 for the 
preliminary design of options for a new tunnel on a different alignment 
to augment the capacity of the existing Baltimore tunnels.</DELETED>
<DELETED>    (d) Availability of Appropriated Funds.--Amounts made 
available pursuant to this section shall remain available until 
expended.</DELETED>
<DELETED>    (e) Plans Required.--The Secretary may not make amounts 
available to Amtrak for obligation or expenditure under subsection 
(a)--</DELETED>
        <DELETED>    (1) until Amtrak has submitted to the Secretary, 
        and the Secretary has approved, an engineering and financial 
        plan for such projects; and</DELETED>
        <DELETED>    (2) unless, for each project funded pursuant to 
        this section, the Secretary has approved a project management 
        plan prepared by Amtrak addressing appropriate project budget, 
        construction schedule, recipient staff organization, document 
        control and record keeping, change order procedure, quality 
        control and assurance, periodic plan updates, and periodic 
        status reports.</DELETED>
<DELETED>    (f) Review of Plans.--The Secretary of Transportation 
shall complete the review of the plans required by paragraphs (1) and 
(2) of subsection (e) and approve or disapprove the plans within 45 
days after the date on which each such plan is submitted by Amtrak. If 
the Secretary determines that a plan is incomplete or deficient, the 
Secretary shall notify Amtrak of the incomplete items or deficiencies 
and Amtrak shall, within 30 days after receiving the Secretary's 
notification, submit a modified plan for the Secretary's review. Within 
15 days after receiving additional information on items previously 
included in the plan, and within 45 days after receiving items newly 
included in a modified plan, the Secretary shall either approve the 
modified plan, or, if the Secretary finds the plan is still incomplete 
or deficient, the Secretary shall identify in writing to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure the 
portions of the plan the Secretary finds incomplete or deficient, 
approve all other portions of the plan, obligate the funds associated 
with those other portions, and execute an agreement with Amtrak within 
15 days thereafter on a process for resolving the remaining portions of 
the plan.</DELETED>
<DELETED>    (g) Financial Contribution From Other Tunnel Users.--The 
Secretary shall, taking into account the need for the timely completion 
of all portions of the tunnel projects described in subsection (a)--
</DELETED>
        <DELETED>    (1) consider the extent to which rail carriers 
        other than Amtrak use or plan to use the tunnels;</DELETED>
        <DELETED>    (2) consider the feasibility of seeking a 
        financial contribution from those other rail carriers toward 
        the costs of the projects; and</DELETED>
        <DELETED>    (3) obtain financial contributions or commitments 
        from such other rail carriers at levels reflecting the extent 
        of their use or planned use of the tunnels, if 
        feasible.</DELETED>

<DELETED>SEC. 305. FREIGHT AND PASSENGER RAIL SECURITY 
              UPGRADES.</DELETED>

<DELETED>    (a) Security Improvement Grants.--The Secretary of 
Homeland Security, through the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and other appropriate 
agencies, is authorized to make grants to freight railroads, the Alaska 
Railroad, hazardous materials shippers, owners of rail cars used in the 
transportation of hazardous materials, universities, colleges and 
research centers, State and local governments (for rail passenger 
facilities and infrastructure not owned by Amtrak), and, through the 
Secretary of Transportation, to Amtrak, for full or partial 
reimbursement of costs incurred in the conduct of activities to prevent 
or respond to acts of terrorism, sabotage, or other intercity passenger 
rail and freight rail security vulnerabilities and risks identified 
under section 302, including--</DELETED>
        <DELETED>    (1) security and redundancy for critical 
        communications, computer, and train control systems essential 
        for secure rail operations;</DELETED>
        <DELETED>    (2) accommodation of cargo or passenger screening 
        equipment at the United States-Mexico border or the United 
        States-Canada border;</DELETED>
        <DELETED>    (3) the security of hazardous material 
        transportation by rail;</DELETED>
        <DELETED>    (4) secure intercity passenger rail stations, 
        trains, and infrastructure;</DELETED>
        <DELETED>    (5) structural modification or replacement of rail 
        cars transporting high hazard materials to improve their 
        resistance to acts of terrorism;</DELETED>
        <DELETED>    (6) employee security awareness, preparedness, 
        passenger evacuation, and emergency response 
        training;</DELETED>
        <DELETED>    (7) public security awareness campaigns for 
        passenger train operations;</DELETED>
        <DELETED>    (8) the sharing of intelligence and information 
        about security threats;</DELETED>
        <DELETED>    (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;</DELETED>
        <DELETED>    (10) to hire additional police and security 
        officers, including canine units; and</DELETED>
        <DELETED>    (11) other improvements recommended by the report 
        required by section 302, including infrastructure, facilities, 
        and equipment upgrades.</DELETED>
<DELETED>    (b) Accountability.--The Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this Act and 
the priorities and other criteria developed by the Secretary.</DELETED>
<DELETED>    (c) Allocation.--The Secretary shall distribute the funds 
authorized by this section based on risk and vulnerability as 
determined under section 302, and shall encourage non-Federal financial 
participation in awarding grants. With respect to grants for passenger 
rail security, the Secretary shall also take into account passenger 
volume and whether a station is used by commuter rail passengers as 
well as intercity rail passengers.</DELETED>
<DELETED>    (d) Conditions.--The Secretary of Transportation may not 
disburse funds to Amtrak under subsection (a) unless Amtrak meets the 
conditions set forth in section 303(b) of this Act.</DELETED>
<DELETED>    (e) Allocation Between Railroads and Others.--Unless as a 
result of the assessment required by section 302 the Secretary of 
Homeland Security determines that critical rail transportation security 
needs require reimbursement in greater amounts to any eligible entity, 
no grants under this section may be made--</DELETED>
        <DELETED>    (1) in excess of $65,000,000 to Amtrak; 
        or</DELETED>
        <DELETED>    (2) in excess of $100,000,000 for the purposes 
        described in paragraphs (3) and (5) of subsection 
        (a).</DELETED>
<DELETED>    (f) Authorization of Appropriations.--Out of funds 
appropriated pursuant to section 114(u)(2) of title 49, United States 
Code, there shall be made available to the Secretary of Homeland 
Security to carry out this section--</DELETED>
        <DELETED>    (1) $120,000,000 for fiscal year 2006;</DELETED>
        <DELETED>    (2) $120,000,000 for fiscal year 2007; 
        and</DELETED>
        <DELETED>    (3) $120,000,000 for fiscal year 2008.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall 
remain available until expended.</DELETED>
<DELETED>    (g) High Hazard Materials Defined.--In this section, the 
term ``high hazard materials'' means quantities of poison inhalation 
hazard materials, Class 2.3 gases, Class 6.1 materials, and anhydrous 
ammonia that the Secretary, in consultation with the Secretary of 
Transportation, determines pose a security risk.</DELETED>

<DELETED>SEC. 306. RAIL SECURITY RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    (a) Establishment of Research and Development Program.--
The Secretary of Transportation, in conjunction with the Under 
Secretary of Homeland Security for Science and Technology and the 
Assistant Secretary of Homeland Security (Transportation Security 
Administration), shall carry out a research and development program for 
the purpose of improving freight and intercity passenger rail security 
that may include research and development projects to--</DELETED>
        <DELETED>    (1) reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous chemical, 
        biological, and radioactive substances;</DELETED>
        <DELETED>    (2) test new emergency response techniques and 
        technologies;</DELETED>
        <DELETED>    (3) develop improved freight technologies, 
        including--</DELETED>
                <DELETED>    (A) technologies for sealing rail 
                cars;</DELETED>
                <DELETED>    (B) automatic inspection of rail 
                cars;</DELETED>
                <DELETED>    (C) communication-based train controls; 
                and</DELETED>
                <DELETED>    (D) emergency response training;</DELETED>
        <DELETED>    (4) test wayside detectors that can detect 
        tampering with railroad equipment;</DELETED>
        <DELETED>    (5) support enhanced security for the 
        transportation of hazardous materials by rail, including--
        </DELETED>
                <DELETED>    (A) technologies to detect a breach in a 
                tank car or other rail car used to transport hazardous 
                materials and transmit information about the integrity 
                of cars to the train crew or dispatcher;</DELETED>
                <DELETED>    (B) research to improve tank car 
                integrity, with a focus on tank cars that carry high 
                hazard materials (as defined in section 305(g) of this 
                Act; and</DELETED>
                <DELETED>    (C) techniques to transfer hazardous 
                materials from rail cars that are damaged or otherwise 
                represent an unreasonable risk to human life or public 
                safety; and</DELETED>
        <DELETED>    (6) other projects that address vulnerabilities 
        and risks identified under section 302.</DELETED>
<DELETED>    (b) Coordination With Other Research Initiatives.--The 
Secretary of Transportation shall ensure that the research and 
development program authorized by this section is coordinated with 
other research and development initiatives at the Department of 
Transportation and the Department of Homeland Security. The Secretary 
shall carry out any research and development project authorized by this 
section through a reimbursable agreement with the Under Secretary of 
Homeland Security for Science and Technology, if the Under Secretary--
</DELETED>
        <DELETED>    (1) is already sponsoring a research and 
        development project in a similar area; or</DELETED>
        <DELETED>    (2) has a unique facility or capability that would 
        be useful in carrying out the project.</DELETED>
<DELETED>    (c) Grants and Accountability.--To carry out the research 
and development program, the Secretary may award grants to the entities 
described in section 305(a) and shall adopt necessary procedures, 
including audits, to ensure that grants made under this section are 
expended in accordance with the purposes of this Act and the priorities 
and other criteria developed by the Secretary.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--Out of funds 
appropriated pursuant to section 102 of this Act, there shall be made 
available to the Secretary of Transportation to carry out this 
section--</DELETED>
        <DELETED>    (1) $35,000,000 for fiscal year 2006;</DELETED>
        <DELETED>    (2) $35,000,000 for fiscal year 2007; 
        and</DELETED>
        <DELETED>    (3) $35,000,000 for fiscal year 2008.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall 
remain available until expended.</DELETED>

<DELETED>SEC. 307. OVERSIGHT AND GRANT PROCEDURES.</DELETED>

<DELETED>    (a) Secretarial Oversight.--The Secretary of Homeland 
Security, in consultation with the Assistant Secretary of Homeland 
Security (Transportation Security Administration), may use up to 0.5 
percent of amounts made available for capital projects under the Rail 
Security Act of 2005 to enter into contracts for the review of proposed 
capital projects and related program management plans and to oversee 
construction of such projects.</DELETED>
<DELETED>    (b) Use of Funds.--The Secretary may use amounts available 
under subsection (a) of this subsection to make contracts for safety, 
procurement, management, and financial compliance reviews and audits of 
a recipient of amounts under this Act.</DELETED>
<DELETED>    (c) Procedures for Grant Award.--The Secretary shall 
prescribe procedures and schedules for the awarding of grants under 
this Act, including application and qualification procedures (including 
a requirement that the applicant have a security plan), and a record of 
decision on applicant eligibility. The procedures shall include the 
execution of a grant agreement between the grant recipient and the 
Secretary and shall be consistent, to the extent practicable, with the 
grant procedures established under section 70107 of title 46, United 
States Code. The Secretary shall issue a final rule establishing the 
procedures not later than 90 days after the date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 308. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
              INVOLVED IN RAIL PASSENGER ACCIDENTS.</DELETED>

<DELETED>    (a) In General.--Chapter 243 of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 24316. Plans to address needs of families of passengers 
              involved in rail passenger accidents</DELETED>
<DELETED>    ``(a) Submission of Plan.--Not later than 6 months after 
the date of the enactment of the Rail Security Act of 2005, Amtrak 
shall submit to the Chairman of the National Transportation Safety 
Board and the Secretary of Transportation a plan for addressing the 
needs of the families of passengers involved in any rail passenger 
accident involving an Amtrak intercity train and resulting in a loss of 
life.</DELETED>
<DELETED>    ``(b) Contents of Plans.--The plan to be submitted by 
Amtrak under subsection (a) shall include, at a minimum, the 
following:</DELETED>
        <DELETED>    ``(1) A process by which Amtrak will maintain and 
        provide to the National Transportation Safety Board and the 
        Secretary of Transportation, immediately upon request, a list 
        (which is based on the best available information at the time 
        of the request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for Amtrak to use 
        reasonable efforts to ascertain the number and names of 
        passengers aboard a train involved in an accident.</DELETED>
        <DELETED>    ``(2) A plan for creating and publicizing a 
        reliable, toll-free telephone number within 4 hours after such 
        an accident occurs, and for providing staff, to handle calls 
        from the families of the passengers.</DELETED>
        <DELETED>    ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.</DELETED>
        <DELETED>    ``(4) A process for providing the notice described 
        in paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been 
        verified).</DELETED>
        <DELETED>    ``(5) A process by which the family of each 
        passenger will be consulted about the disposition of all 
        remains and personal effects of the passenger within Amtrak's 
        control; that any possession of the passenger within Amtrak's 
        control will be returned to the family unless the possession is 
        needed for the accident investigation or any criminal 
        investigation; and that any unclaimed possession of a passenger 
        within Amtrak's control will be retained by the rail passenger 
        carrier for at least 18 months.</DELETED>
        <DELETED>    ``(6) A process by which the treatment of the 
        families of nonrevenue passengers will be the same as the 
        treatment of the families of revenue passengers.</DELETED>
        <DELETED>    ``(7) An assurance that Amtrak will provide 
        adequate training to its employees and agents to meet the needs 
        of survivors and family members following an 
        accident.</DELETED>
<DELETED>    ``(c) Use of Information.--The National Transportation 
Safety Board, the Secretary of Transportation, and Amtrak may not 
release to any person information on a list obtained under subsection 
(b)(1) but may provide information on the list about a passenger to the 
family of the passenger to the extent that the Board or Amtrak 
considers appropriate.</DELETED>
<DELETED>    ``(d) Limitation on Liability.--Amtrak shall not be liable 
for damages in any action brought in a Federal or State court arising 
out of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.</DELETED>
<DELETED>    ``(e) Limitation on Statutory Construction.--Nothing in 
this section may be construed as limiting the actions that Amtrak may 
take, or the obligations that Amtrak may have, in providing assistance 
to the families of passengers involved in a rail passenger 
accident.</DELETED>
<DELETED>    ``(f) Funding.--Out of funds appropriated pursuant to 
section 102 of the Rail Security Act of 2005, there shall be made 
available to the Secretary of Transportation for the use of Amtrak 
$500,000 for fiscal year 2006 to carry out this section. Amounts made 
available pursuant to this subsection shall remain available until 
expended.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 243 of title 49, United States Code, is amended by adding at 
the end the following:</DELETED>

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

<DELETED>SEC. 309. NORTHERN BORDER RAIL PASSENGER REPORT.</DELETED>

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

<DELETED>SEC. 310. RAIL WORKER SECURITY TRAINING PROGRAM.</DELETED>

<DELETED>    (a) In General.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of Transportation, in consultation with appropriate law 
enforcement, security, and terrorism experts, representatives of 
railroad carriers, and nonprofit employee organizations that represent 
rail workers, shall develop and issue detailed guidance for a rail 
worker security training program to prepare front-line workers for 
potential threat conditions.</DELETED>
<DELETED>    (b) Program Elements.--The guidance developed under 
subsection (a) shall require such a program to include, at a minimum, 
elements as appropriate to passenger and freight rail service, that 
address the following:</DELETED>
        <DELETED>    (1) Determination of the seriousness of any 
        occurrence.</DELETED>
        <DELETED>    (2) Crew communication and coordination.</DELETED>
        <DELETED>    (3) Appropriate responses to defend 
        oneself.</DELETED>
        <DELETED>    (4) Use of protective devices.</DELETED>
        <DELETED>    (5) Evacuation procedures.</DELETED>
        <DELETED>    (6) Psychology of terrorists to cope with hijacker 
        behavior and passenger responses.</DELETED>
        <DELETED>    (7) Live situational training exercises regarding 
        various threat conditions, including tunnel evacuation 
        procedures.</DELETED>
        <DELETED>    (8) Any other subject the Secretary considers 
        appropriate.</DELETED>
<DELETED>    (c) Railroad Carrier Programs.--Not later than 60 days 
after the Secretary issues guidance under subsection (a) in final form, 
each railroad carrier shall develop a rail worker security training 
program in accordance with that guidance and submit it to the Secretary 
for approval. Not later than 30 days after receiving a railroad 
carrier's program under this subsection, the Secretary shall review the 
program and approve it or require the railroad carrier to make any 
revisions the Secretary considers necessary for the program to meet the 
guidance requirements.</DELETED>
<DELETED>    (d) Training.--Not later than 180 days after the Secretary 
approves the training program developed by a railroad carrier under 
this section, the railroad carrier shall complete the training of all 
front-line workers in accordance with that program.</DELETED>
<DELETED>    (e) Updates.--The Secretary shall update the training 
guidance issued under subsection (a) from time to time to reflect new 
or different security threats, and require railroad carriers to revise 
their programs accordingly and provide additional training to their 
front-line workers.</DELETED>
<DELETED>    (f) Front-Line Workers Defined.--In this section, the term 
``front-line workers'' means security personnel, dispatchers, train 
operators, other onboard employees, maintenance and support personnel, 
bridge tenders, and other appropriate employees of railroad 
carriers.</DELETED>
<DELETED>    (g) Other Employees.--The Secretary of Homeland Security 
shall issue guidance and best practices for a rail shipper employee 
security program containing the elements listed under subsection (b) as 
appropriate.</DELETED>

<DELETED>SEC. 311. WHISTLEBLOWER PROTECTION PROGRAM.</DELETED>

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

<DELETED>``20118. Whistleblower protection for rail security 
                            matters.''.

<DELETED>SEC. 312. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
              PLANS.</DELETED>

<DELETED>    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and the Secretary of 
Transportation, shall require rail carriers transporting a high hazard 
material, as defined in section 305(g) of this Act and of a quantity 
equal or exceeding the quantities of such material listed in subpart 
172.800, title 49, Federal Code of Regulations, to develop a high 
hazard material security threat mitigation plans containing appropriate 
measures, including alternative routing and temporary shipment 
suspension options, to address assessed risks to high consequence 
targets.</DELETED>
<DELETED>    (b) Implementation.--A high hazard material security 
threat mitigation plan shall be put into effect by a rail carrier for 
the shipment of high hazardous materials by rail on the rail carrier's 
right-of-way when the threat levels of the Homeland Security Advisory 
System are high or severe and specific intelligence of probable or 
imminent threat exists towards--</DELETED>
        <DELETED>    (1) a high-consequence target that is within the 
        catastrophic impact zone of a railroad right-of-way used to 
        transport high hazardous material; or</DELETED>
        <DELETED>    (2) rail infrastructure or operations within the 
        immediate vicinity of a high-consequence target.</DELETED>
<DELETED>    (c) Completion and Review of Plans.--</DELETED>
        <DELETED>    (1) Plans required.--Each rail carrier shall--
        </DELETED>
                <DELETED>    (A) submit a list of routes used to 
                transport high hazard materials to the Secretary of 
                Homeland Security within 60 days after the date of 
                enactment of this Act; and</DELETED>
                <DELETED>    (B) develop and submit a high hazard 
                material security threat mitigation plan to the 
                Secretary within 180 days after it receives the notice 
                of high consequence targets on such routes by the 
                Secretary.</DELETED>
        <DELETED>    (2) Review and updates.--The Secretary, with 
        assistance of the Secretary of Transportation, shall review and 
        approve the plans. Each rail carrier shall update and resubmit 
        its plan for review not less than every 2 years.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (1) The term ``high-consequence target'' means a 
        building, buildings, infrastructure, public space, or natural 
        resource designated by the Secretary of Homeland Security that 
        is viable terrorist target of national significance, the attack 
        of which could result in--</DELETED>
                <DELETED>    (A) catastrophic loss of life; 
                and</DELETED>
                <DELETED>    (B) significantly damaged national 
                security and defense capabilities; or</DELETED>
                <DELETED>    (C) national economic harm.</DELETED>
        <DELETED>    (2) The term ``catastrophic impact zone'' means 
        the area immediately adjacent to, under, or above an active 
        railroad right-of-way used to ship high hazard materials in 
        which the potential release or explosion of the high hazard 
        material being transported would likely cause--</DELETED>
                <DELETED>    (A) loss of life; or</DELETED>
                <DELETED>    (B) significant damage to property or 
                structures.</DELETED>
        <DELETED>    (3) The term ``rail carrier'' has the meaning 
        given that term by section 10102(5) of title 49, United States 
        Code.</DELETED>

<DELETED>SEC. 313. MEMORANDUM OF AGREEMENT.</DELETED>

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

<DELETED>SEC. 314. RAIL SECURITY ENHANCEMENTS.</DELETED>

<DELETED>    (a) Rail Police Officers.--Section 28101 of title 49, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before 
        ``Under'';</DELETED>
        <DELETED>    (2) by striking ``the rail carrier'' each place it 
        appears and inserting ``any rail carrier''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(b) Limitation.--Except to the extent necessary to carry 
out subsection (a), a rail police officer employed by a Class I or 
Class II railroad as identified by the Surface Transportation Board has 
no authority to enforce any rule, policy, or practice of, or labor 
agreement by, a rail carrier relating to personnel management or labor 
relations other than those involving safety or security. Nothing in 
this subsection shall preclude a rail police officer from performing 
any activities not covered by subsection (a) that may be performed by 
any other employee of a railroad, provided that the rail police officer 
does not use his or her position as a rail police officer in performing 
such activities.''.</DELETED>
<DELETED>    (b) Review of Rail Regulations.--Within 1 year after the 
date of enactment of this Act, the Secretary of Transportation, in 
consultation with the Secretary of Homeland Security and the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration), shall review existing rail regulations of the 
Department of Transportation for the purpose of identifying areas in 
which those regulations need to be revised to improve rail 
security.</DELETED>

<DELETED>SEC. 315. WELDED RAIL AND TANK CAR SAFETY 
              IMPROVEMENTS.</DELETED>

<DELETED>    (a) Track Standards.--</DELETED>
        <DELETED>    (1) In general.--Within 90 days after the date of 
        enactment of this Act, the Federal Railroad Administration 
        shall--</DELETED>
                <DELETED>    (A) require each track owner using 
                continuous welded rail track to include procedures (in 
                its procedures filed with the Administration pursuant 
                to section 213.119 of title 49, Code of Federal 
                Regulations) to improve the identification of cracks in 
                rail joint bars;</DELETED>
                <DELETED>    (B) instruct Administration track 
                inspectors to obtain copies of the most recent 
                continuous welded rail programs of each railroad within 
                the inspectors' areas of responsibility and require 
                that inspectors use those programs when conducting 
                track inspections; and</DELETED>
                <DELETED>    (C) establish a program to review 
                continuous welded rail joint bar inspection data from 
                railroads and Administration track inspectors 
                periodically.</DELETED>
        <DELETED>    (2) Inspection.--Whenever the Administration 
        determines that it is necessary or appropriate the 
        Administration may require railroads to increase the frequency 
        of inspection, or improve the methods of inspection, of joint 
        bars in continuous welded rail.</DELETED>
<DELETED>    (b) Tank Car Standards.--The Federal Railroad 
Administration shall--</DELETED>
        <DELETED>    (1) validate a predictive model to quantify the 
        relevant dynamic forces acting on railroad tank cars under 
        accident conditions within 1 year after the date of enactment 
        of this Act; and</DELETED>
        <DELETED>    (2) initiate a rulemaking to develop and implement 
        appropriate design standards for pressurized tank cars within 
        18 months after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Older Tank Car Impact Resistance Analysis and 
Report.--Within 1 year after the date of enactment of this Act the 
Federal Railroad Administration shall conduct a comprehensive analysis 
to determine the impact resistance of the steels in the shells of 
pressure tank cars constructed before 1989. Within 6 months after 
completing that analysis the Administration shall--</DELETED>
        <DELETED>    (1) establish a program to rank those cars 
        according to their risk of catastrophic fracture and 
        separation;</DELETED>
        <DELETED>    (2) implement measures to eliminate or mitigate 
        this risk; and</DELETED>
        <DELETED>    (3) transmit a report to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Transportation and Infrastructure 
        setting forth the measures implemented.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Federal Railroad Administration $1,000,000 
for fiscal year 2006 to carry out this section, such sums to remain 
available until expended.</DELETED>

<DELETED>SEC. 316. REPORT REGARDING IMPACT ON SECURITY OF TRAIN TRAVEL 
              IN COMMUNITIES WITHOUT GRADE SEPARATION.</DELETED>

<DELETED>    (a) Study.--The Secretary of Transportation, in 
consultation with the Secretary of Homeland Security, the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration), and State and local government officials, shall 
conduct a study on the impact of blocked highway-railroad grade 
crossings on the ability of emergency responders, including ambulances 
and police, fire, and other emergency vehicles, to perform public 
safety and security duties in the event of a terrorist 
attack.</DELETED>
<DELETED>    (b) Report.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate on the findings of the study conducted 
under subsection (a) and recommendations for reducing the impact of 
blocked crossings on emergency response capabilities.</DELETED>

<DELETED>SEC. 317. STUDY OF FOREIGN RAIL TRANSPORT SECURITY 
              PROGRAMS.</DELETED>

<DELETED>    (a) Requirement for Study.--Within one year after the date 
of enactment of the Rail Security Act of 2005, the Comptroller General 
shall complete a study of the rail passenger transportation security 
programs that are carried out for rail transportation systems in Japan, 
member nations of the European Union, and other foreign 
countries.</DELETED>
<DELETED>    (b) Purpose.--The purpose of the study shall be to 
identify effective rail transportation security measures that are in 
use in foreign rail transportation systems, including innovative 
measures and screening procedures determined effective.</DELETED>
<DELETED>    (c) Report.--The Comptroller General shall submit a report 
on the results of the study to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure. The report shall include the 
Comptroller General's assessment regarding whether it is feasible to 
implement within the United States any of the same or similar security 
measures that are determined effective under the study.</DELETED>

<DELETED>SEC. 318. PASSENGER, BAGGAGE, AND CARGO SCREENING.</DELETED>

<DELETED>    (a) Requirement for Study and Report.--The Secretary of 
Homeland Security, in cooperation with the Secretary of Transportation 
through the Assistant Secretary of Homeland Security (Transportation 
Security Administration) and other appropriate agencies, shall--
</DELETED>
        <DELETED>    (1) study the cost and feasibility of requiring 
        security screening for passengers, baggage, and cargo on 
        passenger trains including an analysis of any passenger train 
        screening pilot programs undertaken by the Department of 
        Homeland Security; and</DELETED>
        <DELETED>    (2) report the results of the study, together with 
        any recommendations that the Secretary of Homeland Security may 
        have for implementing a rail security screening program to the 
        Senate Committee on Commerce, Science, and Transportation and 
        the House of Representatives Committee on Transportation and 
        Infrastructure within 1 year after the date of enactment of 
        this Act.</DELETED>
<DELETED>    (b) Authorization of Appropriations.--Out of funds 
appropriated pursuant to section 114(u)(2) of title 49, United States 
Code, there shall be made available to the Secretary of Homeland 
Security to carry out this section $1,000,000 for fiscal year 
2006.</DELETED>

<DELETED>SEC. 319. PUBLIC AWARENESS.</DELETED>

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

<DELETED>SEC. 320. RAILROAD HIGH HAZARD MATERIAL TRACKING.</DELETED>

<DELETED>    (a) Wireless Communications.--</DELETED>
        <DELETED>    (1) In general.--Within 6 months after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        develop a program that will encourage the equipping of rail 
        cars transporting high hazard materials (as defined in section 
        305(g) of this Act) in quantities equal to or greater than the 
        quantities specified in subpart 171.800 of title 49, Code of 
        Federal Regulations, with wireless terrestrial or satellite 
        communications technology that provides--</DELETED>
                <DELETED>    (A) car position location and tracking 
                capabilities;</DELETED>
                <DELETED>    (B) notification of rail car 
                depressurization, breach, or unsafe temperature; 
                and</DELETED>
                <DELETED>    (C) notification of hazardous material 
                release.</DELETED>
        <DELETED>    (2) Coordination.--In developing the program 
        required by paragraph (1), the Secretary shall--</DELETED>
                <DELETED>    (A) consult with the Secretary of Homeland 
                Security and the Assistant Secretary of Homeland 
                Security (Transportation Security Administration) to 
                coordinate the program with any ongoing or planned 
                efforts for rail car tracking at the Department of 
                Homeland Security; and</DELETED>
                <DELETED>    (B) ensure that the program is consistent 
                with recommendations and findings of the Department of 
                Homeland Security's hazardous material tank rail car 
                tracking pilot programs.</DELETED>
<DELETED>    (b) Funding.--Out of funds appropriated pursuant to 
section 102 of this Act, there shall be made available to the Secretary 
of Homeland Security through the Assistant Secretary of Homeland 
Security (Transportation Security Administration) to carry out this 
section $3,000,000 for each of fiscal years 2006, 2007, and 
2008.</DELETED>

<DELETED>TITLE IV--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL 
                           SECURITY</DELETED>

<DELETED>SEC. 401. BACKGROUND CHECKS FOR DRIVERS HAULING HAZARDOUS 
              MATERIALS.</DELETED>

<DELETED>    (a) Foreign Drivers.--</DELETED>
        <DELETED>    (1) In general.--No commercial motor vehicle 
        operator registered to operate in Mexico or Canada may operate 
        a commercial motor vehicle transporting a hazardous material in 
        commerce in the United States until the operator has undergone 
        a background records check similar to the background records 
        check required for commercial motor vehicle operators licensed 
        in the United States to transport hazardous materials in 
        commerce.</DELETED>
        <DELETED>    (2) Definitions.--In this subsection:</DELETED>
                <DELETED>    (A) Hazardous materials.--The term 
                ``hazardous material'' has the meaning given that term 
                in section 5102(2) of title 49, United States 
                Code.</DELETED>
                <DELETED>    (B) Commercial motor vehicle.--The term 
                ``commercial motor vehicle'' has the meaning given that 
                term by section 31101 of title 49, United States 
                Code.</DELETED>
<DELETED>    (b) Other Drivers.--</DELETED>
        <DELETED>    (1) Employer notification.--Within 90 days after 
        the date of enactment of this Act, the Assistant Secretary of 
        Homeland Security (Transportation Security Administration), 
        shall develop and implement a process for the notification of a 
        hazmat employer (as defined in section 5102(4) of title 49, 
        United States Code), if appropriate considering the potential 
        security implications, designated by an applicant seeking a 
        threat assessment under part 1572 of title 49, Code of Federal 
        Regulations, if the Transportation Security Administration, in 
        an initial notification of threat assessment or a final 
        notification of threat assessment, served on the applicant 
        determines that the applicant does not meet the standards set 
        forth in section 1572.5(d) of title 49, Code of Federal 
        Regulations.</DELETED>
        <DELETED>    (2) Relationship to other background records 
        checks.--</DELETED>
                <DELETED>    (A) Elimination of redundant checks.--An 
                individual with respect to whom the Transportation 
                Security Administration--</DELETED>
                        <DELETED>    (i) has performed a security 
                        threat assessment under part 1572 of title 49, 
                        Code of Federal Regulations, and</DELETED>
                        <DELETED>    (ii) has issued a notification of 
                        no security threat under section 1572.5(g) of 
                        that title,</DELETED>
                <DELETED>is deemed to have met the requirements of any 
                other background check that is equivalent to, or less 
                stringent than, the background check performed under 
                section 5103a of title 49, United States Code, that is 
                required for purposes of any Federal law applicable to 
                transportation workers.</DELETED>
                <DELETED>    (B) Determination by assistant 
                secretary.--Within 30 days after the date of enactment 
                of this Act, the Assistant Secretary of Homeland 
                Security (Transportation Security Administration) shall 
                initiate a rulemaking proceeding, including notice and 
                opportunity for comment, that sets forth the background 
                checks and other similar security or threat assessment 
                requirements applicable to transportation workers under 
                Federal law to which subparagraph (A) 
                applies.</DELETED>
                <DELETED>    (C) Future rulemakings.--The Assistant 
                Secretary shall make a determination under the criteria 
                established under subparagraph (B) with respect to any 
                rulemaking proceeding to establish or modify required 
                background checks for transportation workers initiated 
                after the date of enactment of this Act.</DELETED>
<DELETED>    (c) Appeals Process for More Stringent State Procedures.--
If a State establishes standards for applicants for a hazardous 
materials endorsement to a commercial driver's license that, as 
determined by the Secretary of Homeland Security, are more stringent 
than the standards set forth in section 1572.5(d) of title 49, Code of 
Federal Regulations, then the State shall also provide an appeals 
process similar to the process provided under section 1572.141 of title 
49, Code of Federal Regulations, by which an applicant denied a 
hazardous materials endorsement to a commercial driver's license by 
that State may appeal that denial in a manner substantially similar to, 
and to the same extent as, an individual who received an initial 
notification of threat assessment under part 1572 of that 
title.</DELETED>
<DELETED>    (d) Clarification of Term Defined in Regulations.--The 
term ``severe transportation security incident'', as defined in section 
1572.3 of title 49, Code of Federal Regulations, does not include a 
work stoppage or other nonviolent employee-related action resulting 
from an employer-employee dispute. Within 30 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall modify 
the definition of that term to reflect the preceding 
sentence.</DELETED>
<DELETED>    (e) Background Check Capacity.--The Assistant Secretary of 
Homeland Security (Transportation Security Administration) shall 
transmit a report by October 1, 2005, to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Homeland Security on the implementation of fingerprint-
based security threat assessments and the adequacy of fingerprinting 
locations, personnel, and resources to accomplish the timely processing 
of fingerprint-based security threat assessments for individuals 
holding commercial driver's licenses who are applying to renew 
hazardous materials endorsements.</DELETED>

<DELETED>SEC. 402. WRITTEN PLANS FOR HAZARDOUS MATERIALS HIGHWAY 
              ROUTING.</DELETED>

<DELETED>    Within 180 days after the date of enactment of this Act, 
the Secretary of Transportation shall require each motor carrier that 
is required to have a hazardous material safety permit under part 385 
of title 49, Code of Federal Regulations, to maintain a written route 
plan that meets the requirements of section 397.101 of that title when 
transporting the type and quantity of hazardous materials described in 
section 385.403 of that title.</DELETED>

<DELETED>SEC. 403. MOTOR CARRIER HIGH HAZARD MATERIAL 
              TRACKING.</DELETED>

<DELETED>    (a) Wireless Communications.--Within 2 years after the 
date of enactment of this Act, the Assistant Secretary of Homeland 
Security (Transportation Security Administration), in consultation with 
the Secretary of Transportation, shall require, consistent with the 
recommendations and finding contained in the report on the Hazardous 
Material Safety and Security Operation Field Test released by the 
Federal Motor Carrier Safety Administration on November 11, 2004, 
commercial motor vehicles transporting high hazard materials (as 
defined in section 305(g) of this Act) in quantities equal to or 
greater than the quantities specified in subpart 171.800 of title 49, 
Code of Federal Regulations, to be equipped with wireless terrestrial 
or satellite communications technology that provides--</DELETED>
        <DELETED>    (1) continuous communications;</DELETED>
        <DELETED>    (2) vehicle position location and tracking 
        capabilities; and</DELETED>
        <DELETED>    (3) a feature that allows a driver of such 
        vehicles to broadcast an emergency message.</DELETED>
<DELETED>    (b) Exemptions.--The Assistant Secretary may grant a 2-
year waiver of this requirement for a motor carrier for the commercial 
motor vehicles it operates if--</DELETED>
        <DELETED>    (1) adequate technology is not readily 
        available;</DELETED>
        <DELETED>    (2) available technology is not sufficiently 
        reliable; or</DELETED>
        <DELETED>    (3) the size of a motor carrier or the infrequency 
        with which it transports high hazard material shipments makes 
        the requirement overly burdensome.</DELETED>
<DELETED>    (c) Assistance Program.--The Assistant Secretary may 
develop an assistance program to provide technical guidance and grants 
to motor carriers who receive waivers under subsection (b)(3) to 
expedite compliance with subsection (a) of this section.</DELETED>

<DELETED>SEC. 404. TRUCK LEASING SECURITY TRAINING 
              GUIDELINES.</DELETED>

<DELETED>    (a) In General.--Within 180 days after the date of 
enactment of this Act the Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with the 
Federal Motor Carrier Safety Administration, shall develop and make 
available in written or electronic form security training guidelines 
for short-term truck leasing operations.</DELETED>
<DELETED>    (b) Contents.--The truck leasing security training 
guidelines shall--</DELETED>
        <DELETED>    (1) include information for short-term truck 
        leasing companies on the appropriate contents of employee 
        security training efforts designed to enable employees to 
        recognize terrorist threats and criminal activity; 
        and</DELETED>
        <DELETED>    (2) contain a list of best practices developed by 
        the Assistant Secretary.</DELETED>
<DELETED>    (c) Outreach.--The Assistant Secretary, through each 
Federal maritime and land regional security manager, shall hold public 
information and outreach sessions to present the truck leasing security 
training guidelines to short-term truck leasing companies.</DELETED>
<DELETED>    (d) Funding.--Out of funds appropriated pursuant to 
section 114(u)(2) of title 49, United States Code, there shall be made 
available to the Assistant Secretary of Homeland Security 
(Transportation Security Administration), to carry out this section 
$1,000,000 for fiscal year 2006.</DELETED>

<DELETED>SEC. 405. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
              ENFORCEMENT.</DELETED>

<DELETED>    (a) In General.--The Assistant Secretary of Homeland 
Security (Transportation Security Administration) shall establish a 
program within the Transportation Security Administration, in 
consultation with the Secretary of Transportation, for reviewing 
hazardous materials security plans required under part 172, title 49, 
Code of Federal Regulations, within 180 days after the date of 
enactment of this Act.</DELETED>
<DELETED>    (b) Civil Penalty.--The failure, by a shipper, carrier, or 
other person subject to part 172 of title 49, Code of Federal 
Regulations, to comply with any applicable section of that part within 
180 days after being notified by the Assistant Secretary of such 
failure to comply, is punishable by a civil penalty imposed by the 
Assistant Secretary under title 49, United States Code. For purposes of 
this subsection, each day of noncompliance after the 181st day 
following the date on which the pipeline operator received notice of 
the failure shall constitute a separate failure.</DELETED>
<DELETED>    (c) Compliance Review.--In reviewing the compliance of 
hazardous materials shippers, carriers, or other persons subject to 
part 172 of title 49, Code of Federal Regulations, with the provisions 
of that part, the Assistant Secretary shall utilize risk assessment 
methodologies to prioritize vulnerabilities and to target review and 
enforcement actions to the most vulnerable and critical hazardous 
materials transportation operations.</DELETED>
<DELETED>    (d) Funding.--Out of funds appropriated pursuant to 
section 114(u)(2) of title 49, United States Code, there shall be made 
available to the Assistant Secretary of Homeland Security 
(Transportation Security Administration), to carry out this section--
</DELETED>
        <DELETED>    (1) $2,000,000 for fiscal year 2006;</DELETED>
        <DELETED>    (2) $2,000,000 for fiscal year 2007; and</DELETED>
        <DELETED>    (3) $2,000,000 for fiscal year 2008.</DELETED>

<DELETED>SEC. 406. PIPELINE SECURITY AND INCIDENT RECOVERY 
              PLAN.</DELETED>

<DELETED>    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of Transportation and the Pipeline and 
Hazardous Materials Safety Administration, and in accordance with the 
Memorandum of Understanding Annex executed under section 408, shall 
develop a Pipeline Security and Incident Recovery Protocols Plan. The 
plan shall include--</DELETED>
        <DELETED>    (1) a plan for the Federal Government to provide 
        increased security support to the most critical interstate and 
        intrastate natural gas and hazardous liquid transmission 
        pipeline infrastructure and operations as determined under 
        section 407--</DELETED>
                <DELETED>    (A) at high or severe security threat 
                levels of alert; and</DELETED>
                <DELETED>    (B) when specific security threat 
                information relating to such pipeline infrastructure or 
                operations exists; and</DELETED>
        <DELETED>    (2) an incident recovery protocol plan, developed 
        in conjunction with interstate and intrastate transmission and 
        distribution pipeline operators and terminals and facilities 
        operators connected to pipelines, to develop protocols to 
        ensure the continued transportation of natural gas and 
        hazardous liquids to essential markets and for essential public 
        health or national defense uses in the event of an incident 
        affecting the interstate and intrastate natural gas and 
        hazardous liquid transmission and distribution pipeline system, 
        which shall include protocols for granting access to pipeline 
        operators for pipeline infrastructure repair, replacement or 
        bypass following an incident.</DELETED>
<DELETED>    (b) Existing Private and Public Sector Efforts.--The plan 
shall take into account actions taken or planned by both public and 
private entities to address identified pipeline security issues and 
assess the effective integration of such actions.</DELETED>
<DELETED>    (c) Consultation.--In developing the plan under subsection 
(a), the Secretary shall consult with interstate and intrastate 
transmission and distribution pipeline operators, pipeline labor, first 
responders, shippers of hazardous materials, State Departments of 
Transportation, public safety officials, and other relevant 
parties.</DELETED>
<DELETED>    (d) Report.--</DELETED>
        <DELETED>    (1) Contents.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary shall transmit to 
        the Committee on Commerce, Science, and Transportation of the 
        Senate, the Committee on Homeland Security of the House of 
        Representatives, and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        containing the plan required by subsection (a), along with an 
        estimate of the cost to implement any 
        recommendations.</DELETED>
        <DELETED>    (2) Format.--The Secretary may submit the report 
        in both classified and redacted formats if the Secretary 
        determines that such action is appropriate or 
        necessary.</DELETED>
<DELETED>    (e) Funding.--Out of funds appropriated pursuant to 
section 114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section $1,000,000 for fiscal year 2006.</DELETED>

<DELETED>SEC. 407. PIPELINE SECURITY INSPECTIONS AND 
              ENFORCEMENT.</DELETED>

<DELETED>    (a) In General.--Within 180 days after the date of 
enactment of this Act the Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with the 
Secretary of Transportation, shall establish a program within the 
Transportation Security Administration for reviewing pipeline operator 
adoption of recommendations in the September, 5, 2002, Department of 
Transportation Research and Special Programs Administration Pipeline 
Security Information Circular, including the review of pipeline 
security plans and critical facility inspections, as determined by the 
Assistant Secretary.</DELETED>
<DELETED>    (b) Review and Inspection.--Within 9 months after the date 
of enactment of this Act the Assistant Secretary shall complete a 
review of the pipeline security plan and an inspection of the critical 
facilities of the 100 most critical pipeline operators, as determined 
by the Assistant Secretary, covered by the September, 5, 2002, 
circular.</DELETED>
<DELETED>    (c) Compliance Review Methodology.--In reviewing pipeline 
operator compliance under subsections (a) and (b), the Assistant 
Secretary shall utilize risk assessment methodologies to prioritize 
vulnerabilities and to target inspection and enforcement actions to the 
most vulnerable and critical pipeline assets.</DELETED>
<DELETED>    (d) Regulations.--Within 1 year after the date of 
enactment of this Act, the Assistant Secretary shall issue security 
regulations for natural gas and hazardous liquid pipelines and pipeline 
facilities. The regulations should incorporate the guidance provided to 
pipeline operators by the September 5, 2002, Department of 
Transportation Research and Special Programs Administration's Pipeline 
Security Information Circular and contain additional requirements as 
necessary based upon the results of the inspections performed under 
subsection (b). The regulations shall include the imposition of civil 
penalties for non-compliance. The Assistant Secretary shall publish a 
schedule of those civil penalties.</DELETED>
<DELETED>    (e) Funding.--Out of funds appropriated pursuant to 
section 114(u)(2) of title 49, United States Code, there shall be made 
available to the Assistant Secretary of Homeland Security 
(Transportation Security Administration), to carry out this section--
</DELETED>
        <DELETED>    (1) $2,000,000 for fiscal year 2006;</DELETED>
        <DELETED>    (2) $2,000,000 for fiscal year 2007; and</DELETED>
        <DELETED>    (3) $2,000,000 for fiscal year 2008.</DELETED>

<DELETED>SEC. 408. MEMORANDUM OF AGREEMENT.</DELETED>

<DELETED>    Within 1 year after the date of enactment of this Act, the 
Secretary of Transportation and the Assistant Secretary of Homeland 
Security (Transportation Security Administration), shall execute and 
develop an annex to the memorandum of agreement between the two 
departments signed on September 28, 2004, governing the specific roles, 
delineations of responsibilities, resources and commitments of the 
Department of Transportation and the Department of Homeland Security, 
respectively, in addressing pipeline security and hazardous material 
transportation security matters, including the processes the 
departments will follow to promote communications, efficiency, and 
nonduplication of effort.</DELETED>

<DELETED>SEC. 409. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.</DELETED>

<DELETED>    (a) Development.--The Secretary of Homeland Security, in 
conjunction with the Secretary of Transportation, shall develop a 
national public sector response system to receive security alerts, 
emergency messages, and other information generated by various wireless 
terrestrial or satellite communications technologies used to track the 
transportation of high hazard materials which can provide accurate, 
timely, and actionable information to appropriate first responder, law 
enforcement and public safety, and homeland security officials, as 
appropriate, regarding accidents, threats, thefts, or other safety and 
security risks or incidents. In developing this system, they shall 
consult with law enforcement and public safety officials, hazardous 
material shippers, motor carriers, railroads, organizations 
representing hazardous material employees, State transportation and 
hazardous materials officials, Operation Respond, and commercial motor 
vehicle and hazardous material safety groups. The development of the 
national public sector response system shall be based upon the public 
sector response center developed for the hazardous material safety and 
security operational field test undertaken by the Federal Motor Carrier 
Safety Administration.</DELETED>
<DELETED>    (b) Capability.--The national public sector response 
system shall be able to receive, as appropriate--</DELETED>
        <DELETED>    (1) negative driver verification alerts;</DELETED>
        <DELETED>    (2) out-of-route alerts;</DELETED>
        <DELETED>    (3) driver panic or emergency alerts; 
        and</DELETED>
        <DELETED>    (4) tampering or release alerts.</DELETED>
<DELETED>    (c) Characteristics.--The national public sector response 
system shall--</DELETED>
        <DELETED>    (1) be an exception-based system;</DELETED>
        <DELETED>    (2) be integrated with other private and public 
        sector operation reporting and response systems and all Federal 
        homeland security threat analysis systems or centers (including 
        the National Response Center); and</DELETED>
        <DELETED>    (3) provide users the ability to create rules for 
        alert notification messages.</DELETED>
<DELETED>    (d) Carrier Participation.--Within 180 days after the 
national public sector response system is operational, as determined by 
the Secretary, each motor carrier and railroad transporting high hazard 
materials, or entities acting on their behalf who receive such wireless 
communication alerts from motor carriers or railroads, shall provide 
the information listed in subsection (b) to the national public sector 
response system and vehicle or rail car location information to extent 
possible with the wireless communication technology used by the motor 
carrier or railroad.</DELETED>
<DELETED>    (e) Call-In Number.--The national public sector response 
system shall be designed to include an automated call-in system that 
allows commercial motor vehicle drivers, railroad employees, and 
hazardous material employees involved in the transportation of high 
hazard materials to report accidents, threats, thefts, or other safety 
and security risks or incidents to the national public sector response 
system using cellular or other telephone technology.</DELETED>
<DELETED>    (f) Data Privacy.--The national public sector response 
system shall be designed to ensure appropriate protection of data and 
information relating to motor carriers and drivers.</DELETED>
<DELETED>    (g) Report.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall transmit to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure a report 
on the estimated total cost to establish and annually operate the 
national public sector response system under subsection (a), together 
with any recommendations for generating private sector participation 
and investment in the development and operation of the national public 
sector response system.</DELETED>
<DELETED>    (h) Funding.--Out of funds appropriated pursuant to 
section 114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section--</DELETED>
        <DELETED>    (1) $1,000,000 for fiscal year 2006;</DELETED>
        <DELETED>    (2) $1,000,000 for fiscal year 2007; and</DELETED>
        <DELETED>    (3) $1,000,000 for fiscal year 2008.</DELETED>

<DELETED>SEC. 410. OVER-THE-ROAD BUS SECURITY ASSISTANCE.</DELETED>

<DELETED>    (a) In General.--The Assistant Secretary of Homeland 
Security (Transportation Security Administration), shall establish a 
program for making grants to private operators of over-the-road buses 
for system-wide security improvements to their operations, including--
</DELETED>
        <DELETED>    (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their 
        security;</DELETED>
        <DELETED>    (2) protecting or isolating the driver;</DELETED>
        <DELETED>    (3) acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for collection, 
        storage, or exchange of passenger and driver information 
        through ticketing systems or otherwise, and information links 
        with government agencies;</DELETED>
        <DELETED>    (4) training employees in recognizing and 
        responding to security threats, evacuation procedures, 
        passenger screening procedures, and baggage 
        inspection;</DELETED>
        <DELETED>    (5) hiring and training security 
        officers;</DELETED>
        <DELETED>    (6) installing cameras and video surveillance 
        equipment on over-the-road buses and at terminals, garages, and 
        over-the-road bus facilities;</DELETED>
        <DELETED>    (7) creating a program for employee identification 
        or background investigation;</DELETED>
        <DELETED>    (8) establishing and upgrading an emergency 
        communications system linking operational headquarters, over-
        the-road buses, law enforcement, and emergency personnel; 
        and</DELETED>
        <DELETED>    (9) implementing and operating passenger screening 
        programs at terminals and on over-the-road buses.</DELETED>
<DELETED>    (b) Reimbursement.--A grant under this section may be used 
to provide reimbursement to private operators of over-the-road buses 
for extraordinary security-related costs for improvements described in 
paragraphs (1) through (9) of subsection (a), determined by the 
Assistant Secretary to have been incurred by such operators since 
September 11, 2001.</DELETED>
<DELETED>    (c) Federal Share.--The Federal share of the cost for 
which any grant is made under this section shall be 90 
percent.</DELETED>
<DELETED>    (d) Due Consideration.--In making grants under this 
section, the Assistant Secretary shall give due consideration to 
private operators of over-the-road buses that have taken measures to 
enhance bus transportation security from those in effect before 
September 11, 2001, and shall prioritize grant funding based on the 
magnitude and severity of the security threat to bus passengers and the 
ability of the funded project to reduce, or respond to, that 
threat.</DELETED>
<DELETED>    (e) Grant Requirements.--A grant under this section shall 
be subject to all the terms and conditions that a grant is subject to 
under section 3038(f) of the Transportation Equity Act for the 21st 
Century (49 U.S.C. 5310 note; 112 Stat. 393).</DELETED>
<DELETED>    (f) Plan Requirement.--</DELETED>
        <DELETED>    (1) In general.--The Assistant Secretary may not 
        make a grant under this section to a private operator of over-
        the-road buses until the operator has first submitted to the 
        Assistant Secretary--</DELETED>
                <DELETED>    (A) a plan for making security 
                improvements described in subsection (a) and the 
                Assistant Secretary has approved the plan; 
                and</DELETED>
                <DELETED>    (B) such additional information as the 
                Assistant Secretary may require to ensure 
                accountability for the obligation and expenditure of 
                amounts made available to the operator under the 
                grant.</DELETED>
        <DELETED>    (2) Coordination.--To the extent that an 
        application for a grant under this section proposes security 
        improvements within a specific terminal owned and operated by 
        an entity other than the applicant, the applicant shall 
        demonstrate to the satisfaction of the Assistant Secretary that 
        the applicant has coordinated the security improvements for the 
        terminal with that entity.</DELETED>
<DELETED>    (g) Over-the-Road Bus Defined.--In this section, the term 
``over-the-road bus'' means a bus characterized by an elevated 
passenger deck located over a baggage compartment.</DELETED>
<DELETED>    (h) Bus Security Assessment.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Assistant Secretary of 
        Homeland Security (Transportation Security Administration), 
        shall transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Transportation 
        and Infrastructure of the House of Representatives, a 
        preliminary report in accordance with the requirements of this 
        section.</DELETED>
        <DELETED>    (2) Contents of preliminary report.--The 
        preliminary report shall include--</DELETED>
                <DELETED>    (A) an assessment of the over-the-road bus 
                security grant program;</DELETED>
                <DELETED>    (B) an assessment of actions already taken 
                to address identified security issues by both public 
                and private entities and recommendations on whether 
                additional safety and security enforcement actions are 
                needed;</DELETED>
                <DELETED>    (C) an assessment of whether additional 
                legislation is needed to provide for the security of 
                Americans traveling on over-the-road buses;</DELETED>
                <DELETED>    (D) an assessment of the economic impact 
                that security upgrades of buses and bus facilities may 
                have on the over-the-road bus transportation industry 
                and its employees;</DELETED>
                <DELETED>    (E) an assessment of ongoing research and 
                the need for additional research on over-the-road bus 
                security, including engine shut-off mechanisms, 
                chemical and biological weapon detection technology, 
                and the feasibility of compartmentalization of the 
                driver; and</DELETED>
                <DELETED>    (F) an assessment of industry best 
                practices to enhance security.</DELETED>
        <DELETED>    (3) Consultation with industry, labor, and other 
        groups.--In carrying out this section, the Assistant Secretary 
        shall consult with over-the-road bus management and labor 
        representatives, public safety and law enforcement officials, 
        and the National Academy of Sciences.</DELETED>
<DELETED>    (i) Funding.--Out of funds appropriated pursuant to 
section 114(u)(2) of title 49, United States Code, there shall be made 
available to the Assistant Secretary of Homeland Security 
(Transportation Security Administration), to carry out this section--
</DELETED>
        <DELETED>    (1) $50,000,000 for fiscal year 2006;</DELETED>
        <DELETED>    (2) $50,000,000 for fiscal year 2007; 
        and</DELETED>
        <DELETED>    (3) $50,000,000 for fiscal year 2008.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall 
remain available until expended.</DELETED>

         <DELETED>TITLE V--IMPROVED MARITIME SECURITY</DELETED>

<DELETED>SEC. 501. ESTABLISHMENT OF ADDITIONAL JOINT OPERATIONAL 
              CENTERS FOR PORT SECURITY.</DELETED>

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

<DELETED>SEC. 502. AMTS PLAN TO INCLUDE SALVAGE RESPONSE 
              PLAN.</DELETED>

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

<DELETED>SEC. 503. PRIORITY TO CERTAIN VESSELS IN POST-INCIDENT 
              RESUMPTION OF TRADE.</DELETED>

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

<DELETED>SEC. 504. ASSISTANCE FOR FOREIGN PORTS.</DELETED>

<DELETED>    (a) In General.--Section 70109 of title 46, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Foreign Assistance Programs.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator of the 
        Maritime Administration, in coordination with the Secretary of 
        State and the Secretary of Energy, shall identify foreign 
        assistance programs that could facilitate implementation of 
        port security antiterrorism measures in foreign countries. The 
        Administrator and the Secretary shall establish a program to 
        utilize those programs that are capable of implementing port 
        security antiterrorism measures at ports in foreign countries 
        that the Secretary finds, under section 70108, to lack 
        effective antiterrorism measures.</DELETED>
        <DELETED>    ``(2) Caribbean basin.--The Administrator, in 
        coordination with the Secretary of State and in consultation 
        with the Organization of American States, shall place 
        particular emphasis on utilizing programs to facilitate the 
        implementation of port security antiterrorism measures at the 
        ports located in the Caribbean Basin, as such ports pose unique 
        security and safety threats to the United States due to--
        </DELETED>
                <DELETED>    ``(A) the strategic location of such ports 
                between South America and United States;</DELETED>
                <DELETED>    ``(B) the relative openness of such ports; 
                and</DELETED>
                <DELETED>    ``(C) the significant number of shipments 
                of narcotics to the United States that are moved 
                through such ports.''.</DELETED>
<DELETED>    (b) Report on Security at Ports in the Caribbean Basin.--
Not later than 60 days after the date of enactment of this Act, the 
Secretary of Homeland Security shall submit to the Committee on 
Commerce, Science, and Transportation of the Senate and Committee on 
Transportation and Infrastructure of the House of Representatives a 
report on the security of ports in the Caribbean Basin. The report 
shall include the following:</DELETED>
        <DELETED>    (1) An assessment of the effectiveness of the 
        measures employed to improve security at ports in the Caribbean 
        Basin and recommendations for any additional measures to 
        improve such security.</DELETED>
        <DELETED>    (2) An estimate of the number of ports in the 
        Caribbean Basin that will not be secured by January 1, 2006, 
        and an estimate of the financial impact in the United States of 
        any action taken pursuant to section 70110 of title 46, United 
        States Code, that affects trade between such ports and the 
        United States.</DELETED>
        <DELETED>    (3) An assessment of the additional resources and 
        program changes that are necessary to maximize security at 
        ports in the Caribbean Basin.</DELETED>

<DELETED>SEC. 505. IMPROVED DATA USED FOR TARGETED CARGO 
              SEARCHES.</DELETED>

<DELETED>    (a) In General.--In order to provide the best possible 
data for the automated target system that identifies high-risk cargo 
for inspection, the Secretary of Homeland Security shall require 
importers shipping goods to the United State via cargo container to 
supply entry data under the advance notification requirements under 
section 4.7 of the Customs Regulations (19 C.F.R. 4.7).</DELETED>
<DELETED>    (b) Deadline.--The requirement imposed under subsection 
(a) shall apply to goods entered after December 31, 2006.</DELETED>
<DELETED>    (c) Authorization of Appropriations.--There are authorized 
to be appropriated to the Secretary of Homeland Security $5,000,000 for 
each of fiscal years 2006, 2007, and 2008 to carry out the automated 
targeting system program to identify high-risk oceanborne container 
cargo for inspection. The amounts authorized by this subsection shall 
be in addition to any other amounts authorized to be appropriated to 
carry out that program.</DELETED>
<DELETED>    (d) Evaluation by Comptroller General.--</DELETED>
        <DELETED>    (1) In general.--The Comptroller General shall 
        evaluate action taken by the Department of Homeland Security to 
        address the deficiencies in its automated targeting system 
        strategy identified in the Government Accountability Office's 
        report entitled ``Homeland Security Challenges Remain in the 
        Targeting of Oceangoing Cargo Containers for Inspection'' (GAO-
        04-352NI). In making the evaluation, the Comptroller General 
        shall assess whether all key elements of a risk management 
        framework and recognized modeling practices have been 
        incorporated in the Department's strategy, including--
        </DELETED>
                <DELETED>    (A) threat, criticality, vulnerability, 
                and risk assessments;</DELETED>
                <DELETED>    (B) external peer review of the automated 
                targeting system;</DELETED>
                <DELETED>    (C) a mandatory random sampling 
                program;</DELETED>
                <DELETED>    (D) simulated events to test the targeting 
                strategy; and</DELETED>
                <DELETED>    (E) effectiveness reviews of risk 
                mitigation actions.</DELETED>
        <DELETED>    (2) Report.--The Comptroller General shall 
        transmit a report to the Senate Committee on Commerce, Science, 
        and Transportation and the House of Representatives Committee 
        on Transportation and Infrastructure within 1 year after the 
        date of enactment of this Act containing the results of the 
        evaluation, together with any recommendations the Comptroller 
        General deems appropriate.</DELETED>

<DELETED>SEC. 506. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED 
              OVERSEAS.</DELETED>

<DELETED>    (a) In General.--The Secretary of Homeland Security shall 
substantially increase the number of United States Customs Service 
inspectors assigned to duty outside the United States under the 
Container Security Initiative of the United States Customs Service with 
responsibility for inspecting intermodal shipping containers being 
shipped to the United States.</DELETED>
<DELETED>    (b) Staffing Criteria.--In carrying out subsection (a) the 
Secretary of Homeland Security shall determine the appropriate level 
for assignment and density of customs inspectors at selected 
international port facilities by a threat, vulnerability, and risk 
analysis which, at a minimum, considers--</DELETED>
        <DELETED>    (1) the volume of containers shipped;</DELETED>
        <DELETED>    (2) the ability of the host government to assist 
        in both manning and providing equipment and 
        resources;</DELETED>
        <DELETED>    (3) terrorist intelligence known of importer 
        vendors, suppliers or manufactures; and</DELETED>
        <DELETED>    (4) other criteria as determined in consult with 
        experts in the shipping industry, terrorism, and shipping 
        container security.</DELETED>
<DELETED>    (c) Minimum Number.--The total number of customs 
inspectors assigned to international port facilities shall not be less 
than the number determined as a result of the threat, vulnerability, 
and risk assessment analysis which is validated by the Administrator of 
the Transportation Security Administration within 180 days after the 
date of enactment of this Act.</DELETED>
<DELETED>    (d) Plan.--The Secretary shall submit a plan to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure, with 
timelines, for phasing inspectors into selected port facilities within 
180 days after the enactment of this Act.</DELETED>

<DELETED>SEC. 507. RANDOM INSPECTION OF CONTAINERS.</DELETED>

<DELETED>    (a) In General.--The Under Secretary of Homeland Security 
for Border and Transportation Security shall develop and implement a 
plan for random inspection of shipping containers in addition to any 
targeted or pre-shipment inspection of such containers required by law 
or regulation or conducted under any other program conducted by the 
Under Secretary.</DELETED>
<DELETED>    (b) Civil Penalty for Erroneous Manifest.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), if the Under Secretary determines on the basis of an 
        inspection conducted under subsection (a) that there is a 
        discrepancy between the contents of a shipping container and 
        the manifest for that container, the Under Secretary may impose 
        a civil penalty.</DELETED>
        <DELETED>    (2) Manifest discrepancy reporting.--The Under 
        Secretary may not impose a civil penalty under paragraph (1) if 
        a manifest discrepancy report is filed with respect to the 
        discrepancy within the time limits established by Customs 
        Directive No. 3240-067A (or any subsequently issued directive 
        governing the matters therein) for filing a manifest 
        discrepancy report.</DELETED>

<DELETED>SEC. 508. CARGO SECURITY.</DELETED>

<DELETED>    (a) In General.--Chapter 701 of title 46, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating the second section 70118 
        (relating to firearms, arrests, and seizure of property), as 
        added by section 801(a) of the Coast Guard and Maritime 
        Transportation Act of 2004, as section 70119;</DELETED>
        <DELETED>    (2) by redesignating the first section 70119 
        (relating to enforcement by State and local officers), as added 
        by section 801(a) of the Coast Guard and Maritime 
        Transportation Act of 2004, as section 70120;</DELETED>
        <DELETED>    (3) by redesignating the second section 70119 
        (relating to civil penalty), as redesignated by section 
        802(a)(1) of the Coast Guard and Maritime Transportation Act of 
        2004, as section 70122; and</DELETED>
        <DELETED>    (4) by inserting after section 70120 the 
        following:</DELETED>
<DELETED>``Sec. 70121. Container security initiative</DELETED>
<DELETED>    ``(a) In General.--Pursuant to the standards established 
under subsection (b)(1) of section 70116--</DELETED>
        <DELETED>    ``(1) the Secretary of Homeland Security shall 
        promulgate standards and procedures for--</DELETED>
                <DELETED>    ``(A) the inspection of cargo in a foreign 
                port intended for shipment to the United States by 
                physical examination or nonintrusive examination by 
                technological means; and</DELETED>
                <DELETED>    ``(B) evaluating and screening cargo prior 
                to loading in a foreign port for shipment to the United 
                States, either directly or via a foreign port; 
                and</DELETED>
        <DELETED>    ``(2) the Commissioner of Customs and Border 
        Protection shall--</DELETED>
                <DELETED>    ``(A) execute inspection and screening 
                protocols with authorities in foreign ports to ensure 
                that the standards and procedures promulgated under 
                paragraph (1) are implemented in an effective manner; 
                and</DELETED>
                <DELETED>    ``(B) in consultation with the 
                Transportation Security Oversight Board, develop and 
                maintain an antiterrorism cargo identification, 
                tracking, and screening system for containerized cargo 
                shipped to and from the United States, either directly 
                or via a foreign port.</DELETED>
<DELETED>    ``(b) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary of Homeland Security 
such sums as may be necessary to carry out this section.''.</DELETED>
<DELETED>    (b) Conforming Amendments.--</DELETED>
        <DELETED>    (1) The chapter analysis for chapter 701 of title 
        46, United States Code, is amended by striking the items 
        following the item relating to section 70116 and inserting the 
        following:</DELETED>

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

<DELETED>SEC. 509. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL 
              TRANSPORTATION.</DELETED>

<DELETED>    (a) In General.--Section 70116(a) of title 46, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``transportation.'' and inserting 
        ``transportation--</DELETED>
        <DELETED>    ``(1) to ensure the security and integrity of 
        shipments of goods to the United States from the point at which 
        such goods are initially packed or loaded for international 
        shipment until they reach their ultimate destination; 
        and</DELETED>
        <DELETED>    ``(2) to facilitate the movement of such goods 
        through the entire supply chain through an expedited security 
        and clearance program.''.</DELETED>
<DELETED>    (b) Program Enhancements.--Section 70116(b) of title 46, 
United States Code, is amended to read as follows:</DELETED>
<DELETED>    ``(b) Program Elements.--In establishing and conducting 
the program under subsection (a) the Assistant Secretary shall--
</DELETED>
        <DELETED>    ``(1) establish standards and procedures for 
        verifying, at the point at which goods are placed in a cargo 
        container for shipping, that the container is free of 
        unauthorized hazardous chemical, biological, or nuclear 
        material and for securely sealing such containers after the 
        contents are so verified;</DELETED>
        <DELETED>    ``(2) establish standards and procedures for 
        securing cargo and monitoring that security while in transit 
        from the point at which it is loaded to the point at which it 
        is finally unloaded;</DELETED>
        <DELETED>    ``(3) develop performance standards to enhance the 
        physical security of shipping containers, including performance 
        standards for seals and locks as part of the container security 
        initiative;</DELETED>
        <DELETED>  ``(4) establish standards and procedures for 
        allowing the United States Government to ensure and validate 
        compliance with this program; and</DELETED>
        <DELETED>  ``(5) incorporate any other measures the Assistant 
        Secretary considers necessary to ensure the security and 
        integrity of international intermodal transport 
        movements.''.</DELETED>
<DELETED>    (c) Port Security User Fee Study.--The Secretary of 
Homeland Security shall conduct a study of the feasibility and 
desirability of establishing a system of oceanborne and port-related 
intermodal transportation user fees that could be imposed and collected 
as a dedicated revenue source, on a temporary or continuing basis, to 
provide necessary funding for the improvement and maintenance of 
enhanced port security. The Assistant Secretary shall submit a report 
containing the Assistant Secretary's findings, conclusions, and 
recommendations (including legislative recommendations if appropriate) 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation and 
Infrastructure within 1 year after date of enactment of this 
Act.</DELETED>

<DELETED>SEC. 510. TECHNOLOGY FOR MARITIME TRANSPORTATION 
              SECURITY.</DELETED>

<DELETED>    (a) Minimum Technology Implementation Authorization.--
Section 70107(i)(2)(B) of title 46, United States Code, is amended by 
inserting ``not less than'' after ``Secretary''.</DELETED>
<DELETED>    (b) Set-Asides for Research and Development.--
Notwithstanding any provision of law to the contrary, in the 
administration of the Department of Homeland Security, the Secretary of 
Homeland Security shall ensure that, for each fiscal year beginning 
after the date of enactment of this Act, not less than--</DELETED>
        <DELETED>    (1) 8 percent of the amounts appropriated to the 
        Transportation Security Administration and the Directorate of 
        Science and Technology for research and development for the 
        fiscal year are obligated or expended for maritime security 
        related projects or programs; and</DELETED>
        <DELETED>    (2) 2 percent of such amounts are obligated or 
        expended for rail security related projects or 
        programs.</DELETED>
<DELETED>    (c) Strategic Plan.--</DELETED>
        <DELETED>    (1) In general.--Within 90 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        promulgate a strategic plan for transportation research and 
        development. The Secretary shall update the plan no less 
        frequently than every 2 years thereafter.</DELETED>
        <DELETED>    (2) Contents.--In the strategic plan, the 
        Secretary shall--</DELETED>
                <DELETED>    (A) ensure that the research needs for 
                security of all modes of transportation, including 
                aviation, maritime, rail, pipeline, and transit 
                security, are addressed;</DELETED>
                <DELETED>    (B) identify goals and include measurable 
                objectives;</DELETED>
                <DELETED>    (C) include an adequate amount of basic 
                research;</DELETED>
                <DELETED>    (D) define the research and development 
                roles of the Transportation Security Administration and 
                the Directorate of Science and Technology, 
                respectively, to ensure that--</DELETED>
                        <DELETED>    (i) they are aligned;</DELETED>
                        <DELETED>    (ii) the efficient use of research 
                        funds is maximized; and</DELETED>
                        <DELETED>    (iii) duplication of projects is 
                        prevented or minimized;</DELETED>
                <DELETED>    (E) coordinate transportation research and 
                development under the plan with the transportation 
                research and development activities of other Federal 
                agencies, including the Department of Transportation 
                and the National Aeronautics and Space Administration; 
                and</DELETED>
                <DELETED>    (F) base the plan on vulnerability and 
                criticality assessments.</DELETED>
        <DELETED>    (3) Annual evaluation.--The Homeland Security 
        Science and Technology Advisory Committee shall evaluate the 
        plan by October 15th each year, measure progress under the plan 
        against the goals set forth in the plan, and recommend changes 
        to the transportation security research program under the 
        plan.</DELETED>
        <DELETED>    (4) Annual report to congress.--The Secretary 
        shall transmit a copy of the strategic plan, and any revisions 
        of that plan, and a copy of the annual evaluations and 
        recommendations made by the Advisory Committee to the 
        Congress.</DELETED>
<DELETED>    (d) NIST Transportation Security Program.--The Secretary 
of Homeland Security may transfer up to $15,000,000 each fiscal year to 
the National Institute of Science and Technology to be obligated or 
expended for a focused program in transportation security under section 
28 of the National Institute of Science and Technology Act (15 U.S.C. 
278n).</DELETED>
<DELETED>    (e) Secure Workforce Initiative.--Section 70107 of title 
46, United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>    ``(j) Secure Workforce Initiative.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary shall develop a 
        program in conjunction with technical and community colleges to 
        train port security workforces. The program shall focus on 
        teaching port workers to utilize new technologies and processes 
        to improve port security through the use of screening 
        technologies, information technologies, detection devices, 
        incident response training, and other advanced 
        technologies.</DELETED>
        <DELETED>    ``(2) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of Homeland 
        Security $15,000,000 for each of fiscal years 2005 through 2009 
        to carry out the program developed under paragraph 
        (1).''.</DELETED>
<DELETED>    (f) Establishment of Competitive Research Program.--
</DELETED>
        <DELETED>    (1) In general.--Title III of the Homeland 
        Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by 
        adding at the end the following:</DELETED>

<DELETED>``SEC. 314. COMPETITIVE RESEARCH PROGRAM.</DELETED>

<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Establishment.--The Secretary, acting 
        through the Under Secretary for Science and Technology, shall 
        establish a competitive research program within the 
        Directorate.</DELETED>
        <DELETED>    ``(2) Director.--The program shall be headed by a 
        Director, who shall be appointed by the Secretary. The Director 
        shall report to the Under Secretary.</DELETED>
        <DELETED>    ``(3) Duties of Director.--In the administration 
        of the program, the Director shall--</DELETED>
                <DELETED>    ``(A) establish a cofunding mechanism for 
                States with academic facilities that have not fully 
                developed security-related science and technology to 
                support burgeoning research efforts by the faculty or 
                link them to established investigators;</DELETED>
                <DELETED>    ``(B) provide for conferences, workshops, 
                outreach, and technical assistance to researchers and 
                institutions of higher education in States on topics 
                related to developing science and technology expertise 
                in areas of high interest and relevance to the 
                Department;</DELETED>
                <DELETED>    ``(C) monitor the efforts of States to 
                develop programs that support the Department's 
                mission;</DELETED>
                <DELETED>    ``(D) implement a merit review program, 
                consistent with program objectives, to ensure the 
                quality of research conducted with Program funding; 
                and</DELETED>
                <DELETED>    ``(E) provide annual reports on the 
                progress and achievements of the Program to the 
                Secretary.</DELETED>
<DELETED>    ``(b) Assistance Under the Program.--</DELETED>
        <DELETED>    ``(1) Scope.--The Director shall provide 
        assistance under the program for research and development 
        projects that are related to, or qualify as, homeland security 
        research (as defined in section 307(a)(2)) under the 
        program.</DELETED>
        <DELETED>    ``(2) Form of assistance.--Assistance under the 
        program can take the form of grants, contracts, or cooperative 
        arrangements.</DELETED>
        <DELETED>    ``(3) Applications.--Applicants shall submit 
        proposals or applications in such form, at such times, and 
        containing such information as the Director may 
        require.</DELETED>
<DELETED>    ``(c) Implementation.--</DELETED>
        <DELETED>    ``(1) Start-up phases.--For the first 3 fiscal 
        years beginning after the date of enactment of the Border 
        Infrastructure and Technology Integration Act of 2004, 
        assistance under the program shall be limited to institutions 
        of higher education located in States in which an institution 
        of higher education with a grant from, or a contract or 
        cooperative agreement with, the National Science Foundation 
        under section 113 of the National Science Foundation Act of 
        1988 (42 U.S.C. 1862) is located.</DELETED>
        <DELETED>    ``(2) Subsequent fiscal years.--</DELETED>
                <DELETED>    ``(A) In general.--Beginning with the 4th 
                fiscal year after the date of enactment of this Act, 
                the Director shall rank order the States (excluding any 
                noncontiguous State (as defined in section 2(14)) other 
                than Alaska, Hawaii, the Commonwealth of Puerto Rico, 
                and the Virgin Islands) in descending order in terms of 
                the average amount of funds received by institutions of 
                higher education (as that term is defined in section 
                101(a) of the Higher Education Act of 1965 (20 U.S.C. 
                1001(a)) in each State that received financial 
                assistance in the form of grants, contracts, or 
                cooperative arrangements under this title during each 
                of the preceding 3 fiscal years.</DELETED>
                <DELETED>    ``(B) Allocation.--Beginning with the 4th 
                fiscal year after the date of enactment of this Act, 
                assistance under the program for any fiscal year is 
                limited to institutions of higher education located in 
                States in the lowest third of those ranked under 
                subparagraph (A) for that fiscal year.</DELETED>
                <DELETED>    ``(C) Determination of location.--For 
                purposes of this paragraph, an institution of higher 
                education shall be considered to be located in the 
                State in which its home campus is located, except that 
                assistance provided under the program to a division, 
                institute, or other facility located in another State 
                for use in that State shall be considered to have been 
                provided to an institution of higher education located 
                in that other State.</DELETED>
                <DELETED>    ``(D) Multiyear assistance.--For purposes 
                of this paragraph, assistance under the program that is 
                provided on a multi-year basis shall be counted as 
                provided in each such year in the amount so provided 
                for that year.</DELETED>
<DELETED>    ``(d) Funding.--The Secretary shall ensure that no less 
than 5 percent of the amount appropriated for each fiscal year to the 
Acceleration Fund for Research and Development of Homeland Security 
Technologies established by section 307(c)(1) is allocated to the 
program established by subsection (a).''.</DELETED>
        <DELETED>    (2) Conforming amendment.--The table of contents 
        of the Homeland Security Act of 2002 is amended by inserting 
        after the item relating to section 313 the following:</DELETED>

<DELETED>``Sec. 314. Competitive research program.''.

<DELETED>SEC. 511. DEADLINE FOR TRANSPORTATION SECURITY 
              CARDS.</DELETED>

<DELETED>    The Secretary shall issue a final rule under section 70105 
of title 46, United States Code, no later than January 1, 
2006.</DELETED>

<DELETED>SEC. 512. EVALUATION AND REPORT.</DELETED>

<DELETED>    Within 90 days after the date of enactment of this Act the 
Secretary of Homeland Security shall transmit a report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Transportation and Infrastructure 
containing--</DELETED>
        <DELETED>    (1) an evaluation of the Operation Safe Commerce 
        program and the Customs-Trade Partnership Against Terrorism 
        program;</DELETED>
        <DELETED>    (2) a report on the establishment and 
        implementation of performance standards for oceanborne and 
        intermodal cargo seals and locks under section 70116(b) of 
        title 46, United States Code;</DELETED>
        <DELETED>    (3) a report on progress made and current 
        operational practices for monitoring oceanborne cargo through 
        the entire supply chain;</DELETED>
        <DELETED>    (4) recommendations as to how the practices, 
        programs, and procedures can be further integrated into a wider 
        screening network for oceanborne cargo that can be applied on 
        an international basis;</DELETED>
        <DELETED>    (5) recommendations as to how inspection and 
        screening procedures developed for oceanborne cargo might be 
        adapted for application to the shipment of domestically-
        produced cargo within the United States;</DELETED>
        <DELETED>    (6) a status report on progress in preparing the 
        plan for implementing secure systems of transportation required 
        by section 809(c) of the Coast Guard and Maritime 
        Transportation Act of 2004 (Pub. L. 108-293; 118 Stat. 
        1086);</DELETED>
        <DELETED>    (7) a report on the security of noncontainerized 
        cargo including roll-on roll-off cargo, break bulk cargo, and 
        liquid and dry bulk cargo; and</DELETED>
        <DELETED>    (8) a report on whether the increased use of 
        waterborne transportation in the domestic movement of hazardous 
        materials would be an effective and efficient means to enhance 
        the safety of hazardous material shipments.</DELETED>

<DELETED>SEC. 513. PORT SECURITY GRANTS.</DELETED>

<DELETED>    (a) Basis for Grants.--Section 70107(a) of title 46, 
United States Code, is amended by striking ``for making a fair and 
equitable allocation of funds'' and inserting ``based on risk and 
vulnerability''.</DELETED>
<DELETED>    (b) Letters of Intent.--Section 70107(e) of title 46, 
United States Code, is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(5) Letters of intent.--The Secretary may 
        execute letters of intent to commit funding to port sponsors 
        from the Fund.''.</DELETED>

<DELETED>SEC. 514. WORK STOPPAGES AND EMPLOYEE-EMPLOYER 
              DISPUTES.</DELETED>

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

<DELETED>SEC. 515. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION 
              SECURITY CARD.</DELETED>

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Transportation 
Security Improvement Act of 2005''.
    (b) Table of Contents.--The table of contents for 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.
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.MD23/
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.MD23/
Sec. 516. Inspection of car ferries entering from Canada.

                        TITLE I--AUTHORIZATIONS

SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZATION.

    Section 114 of title 49, United States Code, is amended by adding 
at the end thereof the following:
    ``(u) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security--
            ``(1) for Aviation Security--
                    ``(A) $5,000,000,000 for fiscal year 2007;
                    ``(B) $5,250,000,000 for fiscal year 2008; and
                    ``(C) $5,500,000,000 for fiscal year 2009;
            ``(2) for Surface Transportation Security--
                    ``(A) $265,000,000 for fiscal year 2007;
                    ``(B) $228,000,000 for fiscal year 2008; and
                    ``(C) $230,000,000 for fiscal year 2009;
            ``(3) for Intelligence--
                    ``(A) $30,000,000 for fiscal year 2007;
                    ``(B) $32,000,000 for fiscal year 2008; and
                    ``(C) $34,000,000 for fiscal year 2009;
            ``(4) for Research and Development--
                    ``(A) $65,000,000 for fiscal year 2007;
                    ``(B) $67,000,000 for fiscal year 2008; and
                    ``(C) $69,000,000 for fiscal year 2009; and
            ``(5) for Administration--
                    ``(A) $530,000,000 for fiscal year 2007;
                    ``(B) $535,000,000 for fiscal year 2008; andI24    
                ``(C) $540,000,000 for fiscal year 2009.''.

SEC. 102. DEPARTMENT OF TRANSPORTATION AUTHORIZATION.

    There are authorized to be appropriated to the Secretary of 
Transportation to carry out title III of this Act and sections 20118 
and 24316 of title 49, United States Code, as added by title III of 
this Act--
            (1) $225,000,000 for fiscal year 2007;
            (2) $223,000,000 for fiscal year 2008; and
            (3) $223,000,000 for fiscal year 2009.

SEC. 103. TECHNOLOGY FOR TRANSPORTATION SECURITY.

    (a) Minimum Technology Implementation Authorization.--Section 
70107(i)(2)(B) of title 46, United States Code, is amended by inserting 
``not less than'' after ``Secretary''.
    (b) Set-Asides for Research and Development.--Notwithstanding any 
provision of law to the contrary, in the administration of the 
Department of Homeland Security, the Secretary of Homeland Security 
shall ensure that, for each fiscal year beginning after the date of 
enactment of this Act, not less than--
            (1) 8 percent of the amounts appropriated to the 
        Transportation Security Administration and the Directorate of 
        Science and Technology for research and development for the 
        fiscal year are obligated or expended for maritime security 
        related projects or programs, including ferry systems;
            (2) 2 percent of such amounts are obligated or expended for 
        rail security related projects or programs.
    (c) Strategic Plan.--
            (1) In general.--Within 120 days after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        promulgate a strategic plan for transportation research and 
        development. The Secretary shall update the plan no less 
        frequently than every 2 years thereafter.
            (2) Contents.--In the strategic plan, the Secretary shall--
                    (A) ensure that the research needs for security of 
                all modes of transportation, including aviation, 
                maritime, rail, pipeline, and transit security, are 
                addressed;
                    (B) identify goals and include measurable 
                objectives;
                    (C) include an adequate amount of basic research;
                    (D) define the research and development roles of 
                the Transportation Security Administration and the 
                Directorate of Science and Technology, respectively, to 
                ensure that--
                            (i) they are aligned;
                            (ii) the efficient use of research funds is 
                        maximized; and
                            (iii) duplication of projects is prevented 
                        or minimized;
                    (E) coordinate transportation research and 
                development under the plan with the transportation 
                research and development, including interoperable 
                communications, activities of other Federal agencies, 
                including the Department of Transportation and the 
                National Aeronautics and Space Administration; and
                    (F) base the plan on vulnerability and criticality 
                assessments.
            (3) Annual evaluation.--The Homeland Security Science and 
        Technology Advisory Committee shall evaluate the plan by 
        October 15th each year, measure progress under the plan against 
        the goals set forth in the plan, and recommend changes to the 
        transportation security research program under the plan.
            (4) Annual report to congress.--The Secretary shall 
        transmit a copy of the strategic plan, and any revisions of 
        that plan, and a copy of the annual evaluations and 
        recommendations made by the Advisory Committee to the Congress.
    (d) NIST Transportation Security Program.--The Secretary of 
Homeland Security may transfer up to $15,000,000 each fiscal year to 
the National Institute of Science and Technology to be obligated or 
expended for a focused program in transportation security under section 
28 of the National Institute of Science and Technology Act (15 U.S.C. 
278n).
    (e) Establishment of Competitive Research Program.--
            (1) In general.--Title III of the Homeland Security Act of 
        2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the 
        following:

``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

    ``(a) In General.--
            ``(1) Establishment.--The Secretary, acting through the 
        Under Secretary for Science and Technology, shall establish a 
        competitive research program within the Directorate.
            ``(2) Director.--The program shall be headed by a Director, 
        who shall be appointed by the Secretary. The Director shall 
        report to the Under Secretary.
            ``(3) Duties of Director.--In the administration of the 
        program, the Director shall--
                    ``(A) establish a cofunding mechanism for States 
                with academic facilities that have not fully developed 
                security-related science and technology to support 
                burgeoning research efforts by the faculty or link them 
                to established investigators;
                    ``(B) provide for conferences, workshops, outreach, 
                and technical assistance to researchers and 
                institutions of higher education in States on topics 
                related to developing science and technology expertise 
                in areas of high interest and relevance to the 
                Department;
                    ``(C) monitor the efforts of States to develop 
                programs that support the Department's mission;
                    ``(D) implement a merit review program, consistent 
                with program objectives, to ensure the quality of 
                research conducted with Program funding; and
                    ``(E) provide annual reports on the progress and 
                achievements of the Program to the Secretary.
    ``(b) Assistance Under the Program.--
            ``(1) Scope.--The Director shall provide assistance under 
        the program for research and development projects that are 
        related to, or qualify as, homeland security research (as 
        defined in section 307(a)(2)) under the program.
            ``(2) Form of assistance.--Assistance under the program can 
        take the form of grants, contracts, or cooperative 
        arrangements.
            ``(3) Applications.--Applicants shall submit proposals or 
        applications in such form, at such times, and containing such 
        information as the Director may require.
    ``(c) Implementation.--
            ``(1) Start-up phases.--For the first 3 fiscal years 
        beginning after the date of enactment of the Border 
        Infrastructure and Technology Integration Act of 2004, 
        assistance under the program shall be limited to institutions 
        of higher education located in States in which an institution 
        of higher education with a grant from, or a contract or 
        cooperative agreement with, the National Science Foundation 
        under section 113 of the National Science Foundation Act of 
        1988 (42 U.S.C. 1862) is located.
            ``(2) Subsequent fiscal years.--
                    ``(A) In general.--Beginning with the 4th fiscal 
                year after the date of enactment of this Act, the 
                Director shall rank order the States (excluding any 
                noncontiguous State (as defined in section 2(14)) other 
                than Alaska, Hawaii, the Commonwealth of Puerto Rico, 
                and the Virgin Islands) in descending order in terms of 
                the average amount of funds received by institutions of 
                higher education (as that term is defined in section 
                101(a) of the Higher Education Act of 1965 (20 U.S.C. 
                1001(a)) in each State that received financial 
                assistance in the form of grants, contracts, or 
                cooperative arrangements under this title during each 
                of the preceding 3 fiscal years.
                    ``(B) Allocation.--Beginning with the 4th fiscal 
                year after the date of enactment of this Act, 
                assistance under the program for any fiscal year is 
                limited to institutions of higher education located in 
                States in the lowest third of those ranked under 
                subparagraph (A) for that fiscal year.
                    ``(C) Determination of location.--For purposes of 
                this paragraph, an institution of higher education 
                shall be considered to be located in the State in which 
                its home campus is located, except that assistance 
                provided under the program to a division, institute, or 
                other facility located in another State for use in that 
                State shall be considered to have been provided to an 
                institution of higher education located in that other 
                State.
                    ``(D) Multiyear assistance.--For purposes of this 
                paragraph, assistance under the program that is 
                provided on a multi-year basis shall be counted as 
                provided in each such year in the amount so provided 
                for that year.
    ``(d) Funding.--The Secretary shall ensure that no less than 5 
percent of the amount appropriated for each fiscal year to the 
Acceleration Fund for Research and Development of Homeland Security 
Technologies established by section 307(c)(1) is allocated to the 
program established by subsection (a).''.
            (2) Conforming amendment.--The table of contents of the 
        Homeland Security Act of 2002 is amended by inserting after the 
        item relating to section 313 the following:

``Sec. 314. Competitive research program.''.

SEC. 104. REORGANIZATIONS.

    The Secretary of Homeland Security shall notify the Senate 
Committee on Commerce, Science, and Transportation, the Senate 
Committee on Homeland Security and Governmental Affairs, and the House 
of Representatives Committee on Homeland Security in writing not less 
than 15 days before--
            (1) reorganizing or renaming offices;
            (2) reorganizing programs or activities; or
            (3) contracting out or privatizing any functions or 
        activities presently performed by Federal employees.

SEC. 105. TSA ACQUISITION MANAGEMENT POLICY.

    (a) In General.--Section 114 of title 49, United States Code, is 
amended by striking subsection (o) and redesignating subsections (p) 
through (t) as subsections (o) through (s), respectively.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect 180 days after the date of enactment of this Act.

                  TITLE II--IMPROVED AVIATION SECURITY

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

    Section 44940(a)(2) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(D) Fiscal years 2007 and later.--The Assistant 
                Secretary may not increase the aviation security 
                infrastructure fee authorized by subparagraph (A), or 
                impose any additional fees under that subparagraph, 
                after September 30, 2006, unless--
                            ``(i) the fee or increase is imposed by 
                        rule promulgated by the Assistant Secretary; 
                        and
                            ``(ii) not less than 60 days before its 
                        proposed effective date, the Assistant 
                        Secretary submits the rule to--
                                    ``(I) the Senate Committee on 
                                Commerce, Science, and Transportation;
                                    ``(II) the Senate Committee on 
                                Appropriations;
                                    ``(III) the House of 
                                Representatives Committee on 
                                Transportation and Infrastructure;
                                    ``(IV) the House of Representatives 
                                Committee on Homeland Security; and
                                    ``(V) the House of Representatives 
                                Committee on Appropriations .
                    ``(E) Application of chapter 8 of title 5.--Chapter 
                8 of title 5 applies to any rule promulgated by the 
                Assistant Secretary imposing a fee or increasing fees 
                under subparagraph (A) after September 30, 2006.''.

SEC. 202. ALTERNATIVE COLLECTION METHODS FOR PASSENGER SECURITY FEE.

    (a) In General.--
            (1) Study.--The Assistant Secretary of Homeland Security 
        (Transportation Security Administration) shall study the 
        feasibility of collecting the passenger security service fee 
        authorized by section 44940(a) of title 49, United States Code, 
        directly from passengers at, or before they reach, the airport 
        through a system developed or approved by the Assistant 
        Secretary, including the use of vending kiosks, other automated 
        vending devices, the Internet, or other remote vending sites.
            (2) Solicitation of proposals.--In carrying out this 
        subsection the Assistant Secretary shall solicit proposals for 
        such alternative collection mechanisms.
            (3) Development of alternatives.--Based on the study 
        conducted under paragraph (1) and an evaluation of proposals 
        submitted pursuant to the solicitation under paragraph (2), the 
        Assistant Secretary shall develop such alternative collection 
        systems as the Assistant Secretary determines to be feasible, 
        including schedules and methods to ensure the efficiency of 
        such systems.
    (b) Report.--The Assistant Secretary shall report the results of 
the study, together with any recommendations the Assistant Secretary 
deems appropriate, to the Congress within 6 months after the date of 
enactment of this Act.
    (c) Demonstration Projects.--If the Assistant Secretary determines 
that a system of direct collection of such fees from passengers at 
airports is feasible, the Assistant Secretary shall conduct 
demonstration projects at a small hub airport, a medium hub airport, 
and a large hub airport (as those terms are defined in paragraphs (42), 
(31), and (29), respectively, of section 40102 of title 49, United 
States Code) within 1 year after submitting the report required by 
subsection (b) to the Congress.

SEC. 203. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

    The Assistant Secretary of Homeland Security (Transportation 
Security Administration), shall establish a pilot program at a small 
hub airport, a medium hub airport, and a large hub airport (as those 
terms are defined in paragraphs (42), (31), and (29), respectively, of 
section 40102 of title 49, United States Code) for training students to 
perform screening of passengers and property under section 44901 of 
title 49, United States Code. The program shall be an internship for 
pre-employment training of final-year students from public and private 
secondary schools located in nearby communities. Under the program, 
participants--
            (1) shall be compensated for training and services time 
        while participating in the program, and
            (2) shall be required to agree, as a condition of 
        participation in the program, to accept employment as a 
        screener upon successful completion of the internship and upon 
        graduation from the secondary school.

SEC. 204. REPAIR STATION SECURITY.

    (a) Certification of Foreign Repair Stations Suspension.--If the 
regulations required by section 44924(f) of title 49, United States 
Code, are not issued within 90 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration may not 
certify any foreign repair station under part 145 of title 14, Code of 
Federal Regulations after such 90th day.
    (b) 6-Month Deadline for Security Review and Audit.--Subsections 
(a) and (d) of section 44924 of title 49, United States Code, are each 
amended by striking ``18 months'' and inserting ``6 months''.

                   TITLE III--IMPROVED RAIL SECURITY

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Rail Security Act of 2005''.

SEC. 302. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

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

SEC. 303. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

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

SEC. 304. FIRE AND LIFE-SAFETY IMPROVEMENTS.

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

SEC. 305. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary of Homeland 
Security, through the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and other appropriate 
agencies, is authorized to make grants to freight railroads, the Alaska 
Railroad, hazardous materials shippers, owners of rail cars used in the 
transportation of hazardous materials, universities, colleges and 
research centers, State and local governments (for rail passenger 
facilities and infrastructure not owned by Amtrak), and, through the 
Secretary of Transportation, to Amtrak, for full or partial 
reimbursement of costs incurred in the conduct of activities to prevent 
or respond to acts of terrorism, sabotage, or other intercity passenger 
rail and freight rail security vulnerabilities and risks identified 
under section 302, including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of rail cargo or passenger screening 
        equipment at the United States-Mexico border, the United 
        States-Canada border, or other ports of entry;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of rail cars 
        transporting high hazard materials to improve their resistance 
        to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations;
            (8) the sharing of intelligence and information about 
        security threats;
            (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (10) to hire additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the report required 
        by section 302, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this Act and 
the priorities and other criteria developed by the Secretary.
    (c) Allocation.--The Secretary shall distribute the funds 
authorized by this section based on risk and vulnerability as 
determined under section 302, and shall encourage non-Federal financial 
participation in awarding grants. With respect to grants for intercity 
passenger rail security, the Secretary shall also take into account 
passenger volume and whether a station is used by commuter rail 
passengers as well as intercity rail passengers.
    (d) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 303(b) of this Act.
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 302 the Secretary of Homeland 
Security determines that critical rail transportation security needs 
require reimbursement in greater amounts to any eligible entity, no 
grants under this section may be made--
            (1) in excess of $45,000,000 to Amtrak; or
            (2) in excess of $80,000,000 for the purposes described in 
        paragraphs (3) and (5) of subsection (a).
    (f) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 114(u)(2) of title 49, United States Code, there 
shall be made available to the Secretary of Homeland Security to carry 
out this section--
            (1) $100,000,000 for fiscal year 2007;
            (2) $100,000,000 for fiscal year 2008; and
            (3) $100,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain 
available until expended.
    (g) High Hazard Materials Defined.--In this section, the term 
``high hazard materials'' means quantities of poison inhalation hazard 
materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia 
that the Secretary, in consultation with the Secretary of 
Transportation, determines pose a security risk.

SEC. 306. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary of Homeland Security, through the Under Secretary for Science 
and Technology and the Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with the 
Secretary of Transportation shall carry out a research and development 
program for the purpose of improving freight and intercity passenger 
rail security that may include research and development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                or other rail car used to transport hazardous materials 
                and transmit information about the integrity of cars to 
                the train crew or dispatcher;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry high hazard materials (as 
                defined in section 305(g) of this Act; and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety; and
            (6) other projects that address vulnerabilities and risks 
        identified under section 302.
    (b) Coordination With Other Research Initiatives.--The Secretary of 
Homeland Security shall ensure that the research and development 
program authorized by this section is coordinated with other research 
and development initiatives at the Department of Homeland Security and 
the Department of Transportation. The Secretary shall carry out any 
research and development project authorized by this section through a 
reimbursable agreement with the Secretary of Transportation, if the 
Secretary of Transportation--
            (1) is already sponsoring a research and development 
        project in a similar area; or
            (2) has a unique facility or capability that would be 
        useful in carrying out the project.
    (c) Grants and Accountability.--To carry out the research and 
development program, the Secretary may award grants to the entities 
described in section 305(a) and shall adopt necessary procedures, 
including audits, to ensure that grants made under this section are 
expended in accordance with the purposes of this Act and the priorities 
and other criteria developed by the Secretary.
    (d) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 114(u)(4) of title 49, United States Code, there 
shall be made available to the Secretary of Homeland Security to carry 
out this section--
            (1) $35,000,000 for fiscal year 2007;
            (2) $35,000,000 for fiscal year 2008; and
            (3) $35,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain 
available until expended.

SEC. 307. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary of Homeland Security may 
use up to 0.5 percent of amounts made available for capital projects 
under the Rail Security Act of 2005 to enter into contracts for the 
review of proposed capital projects and related program management 
plans and to oversee construction of such projects.
    (b) Use of Funds.--The Secretary may use amounts available under 
subsection (a) of this subsection to make contracts to audit and review 
the safety, procurement, management, and financial compliance of a 
recipient of amounts under this Act.
    (c) Procedures for Grant Award.--The Secretary shall, within 90 
days after the date of enactment of this Act, prescribe procedures and 
schedules for the awarding of grants under this Act, including 
application and qualification procedures (including a requirement that 
the applicant have a security plan), and a record of decision on 
applicant eligibility. The procedures shall include the execution of a 
grant agreement between the grant recipient and the Secretary and shall 
be consistent, to the extent practicable, with the grant procedures 
established under section 70107 of title 46, United States Code.

SEC. 308. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Rail Security Act of 2005, Amtrak shall submit 
to the Chairman of the National Transportation Safety Board, the 
Secretary of Transportation, and the Secretary of Homeland Security a 
plan for addressing the needs of the families of passengers involved in 
any rail passenger accident involving an Amtrak intercity train and 
resulting in a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board and the Secretary 
        of Transportation, immediately upon request, a list (which is 
        based on the best available information at the time of the 
        request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for Amtrak to use 
        reasonable efforts to ascertain the number and names of 
        passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family unless the possession is needed for the 
        accident investigation or any criminal investigation; and that 
        any unclaimed possession of a passenger within Amtrak's control 
        will be retained by the rail passenger carrier for at least 18 
        months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--The National Transportation Safety 
Board, the Secretary of Transportation, and Amtrak may not release any 
personal information on a list obtained under subsection (b)(1) but may 
provide information on the list about a passenger to the family of the 
passenger to the extent that the Board or Amtrak considers appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Funding.--Out of funds appropriated pursuant to section 102 
of the Rail Security Act of 2005, there shall be made available to the 
Secretary of Transportation for the use of Amtrak $500,000 for fiscal 
year 2007 to carry out this section. Amounts made available pursuant to 
this subsection shall remain available until expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

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

SEC. 309. NORTHERN BORDER RAIL PASSENGER REPORT.

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

SEC. 310. RAIL WORKER SECURITY TRAINING PROGRAM.

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

SEC. 311. WHISTLEBLOWER PROTECTION PROGRAM.

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

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

SEC. 312. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and the Secretary of 
Transportation, shall require rail carriers transporting a high hazard 
material, as defined in section 305(g) of this Act and of a quantity 
equal or exceeding the quantities of such material listed in subpart 
172.800, title 49, Federal Code of Regulations, to develop a high 
hazard material security threat mitigation plan containing appropriate 
measures, including alternative routing and temporary shipment 
suspension options, to address assessed risks to high consequence 
targets. The plan, and any information submitted to the Secretary under 
this section shall be protected as sensitive security information under 
the regulations prescribed under section 114(s) of title 49, United 
States Code.
    (b) Implementation.--A high hazard material security threat 
mitigation plan shall be put into effect by a rail carrier for the 
shipment of high hazardous materials by rail on the rail carrier's 
right-of-way when the threat levels of the Homeland Security Advisory 
System are high or severe and specific intelligence of probable or 
imminent threat exists towards--
            (1) a high-consequence target that is within the 
        catastrophic impact zone of a railroad right-of-way used to 
        transport high hazardous material; or
            (2) rail infrastructure or operations within the immediate 
        vicinity of a high-consequence target.
    (c) Completion and Review of Plans.--
            (1) Plans required.--Each rail carrier shall--
                    (A) submit a list of routes used to transport high 
                hazard materials to the Secretary of Homeland Security 
                within 60 days after the date of enactment of this Act;
                    (B) develop and submit a high hazard material 
                security threat mitigation plan to the Secretary within 
                180 days after it receives the notice of high 
                consequence targets on such routes by the Secretary; 
                and
                    (C) submit any subsequent revisions to the plan to 
                the Secretary within 30 days after making the 
                revisions.
            (2) Review and updates.--The Secretary, with assistance of 
        the Secretary of Transportation, shall review the plans and 
        transmit comments to the railroad carrier concerning any 
        revisions the Secretary considers necessary. A railroad carrier 
        shall respond to the Secretary's comments within 30 days after 
        receiving them. Each rail carrier shall update and resubmit its 
        plan for review not less than every 2 years.
    (d) Definitions.--In this section:
            (1) The term ``high-consequence target'' means a building, 
        buildings, infrastructure, public space, or natural resource 
        designated by the Secretary of Homeland Security that is viable 
        terrorist target of national significance, the attack of which 
        could result in--
                    (A) catastrophic loss of life; and
                    (B) significantly damaged national security and 
                defense capabilities; or
                    (C) national economic harm.
            (2) The term ``catastrophic impact zone'' means the area 
        immediately adjacent to, under, or above an active railroad 
        right-of-way used to ship high hazard materials in which the 
        potential release or explosion of the high hazard material 
        being transported would likely cause--
                    (A) loss of life; or
                    (B) significant damage to property or structures.
            (3) The term ``rail carrier'' has the meaning given that 
        term by section 10102(5) of title 49, United States Code.

SEC. 313. MEMORANDUM OF AGREEMENT.

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

SEC. 314. RAIL SECURITY ENHANCEMENTS.

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

SEC. 315. PUBLIC AWARENESS.

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

SEC. 316. RAILROAD HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications.--
            (1) In general.--In conjunction with the research and 
        development program established under section 306 and 
        consistent with the results of research relating to wireless 
        tracking technologies, the Secretary of Homeland Security, in 
        consultation with the Assistant Secretary of Homeland Security 
        (Transportation Security Administration), shall develop a 
        program that will encourage the equipping of rail cars 
        transporting high hazard materials (as defined in section 
        305(g) of this Act) in quantities equal to or greater than the 
        quantities specified in subpart 171.800 of title 49, Code of 
        Federal Regulations, with wireless terrestrial or satellite 
        communications technology that provides--
                    (A) car position location and tracking 
                capabilities;
                    (B) notification of rail car depressurization, 
                breach, or unsafe temperature; and
                    (C) notification of hazardous material release.
            (2) Coordination.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for rail car tracking at the Department of 
                Transportation; and
                    (B) ensure that the program is consistent with 
                recommendations and findings of the Department of 
                Homeland Security's hazardous material tank rail car 
                tracking pilot programs.
    (b) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section $3,000,000 for each of fiscal years 2007, 2008, and 2009.

 TITLE IV--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY

SEC. 401. WRITTEN PLANS FOR HAZARDOUS MATERIALS HIGHWAY ROUTING.

    Within 180 days after the date of enactment of this Act, the 
Secretary of Transportation shall require each motor carrier that is 
required to have a hazardous material safety permit under part 385 of 
title 49, Code of Federal Regulations, to maintain a written route plan 
that meets the requirements of section 397.101 of that title when 
transporting the type and quantity of hazardous materials described in 
section 385.403 of that title.

SEC. 402. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications--
            (1) In General.--Consistent with the findings of the 
        Transportation Security Administration's Hazmat Truck Security 
        Pilot Program and within 6 months after the date of enactment 
        of this Act, the Secretary of Homeland Security, through the 
        Transportation Security Administration and in consultation with 
        the Secretary of Transportation, shall develop a program to 
        encourage the equipping of motor carriers transporting high 
        hazard materials (as defined in section 305(g) of this Act) in 
        quantities equal to or greater than the quantities specified in 
        subpart 171.800 of title 49, Code of Federal Regulations, with 
        wireless communications technology that provides--
                    (A) continuous communications;
                    (B) vehicle position location and tracking 
                capabilities; and
                    (C) a feature that allows a driver of such vehicles 
                to broadcast an emergency message.
            (2) Coordination.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for motor carrier tracking at the Department of 
                Transportation; and
                    (B) take into consideration the recommendations and 
                findings of the report on the Hazardous Material Safety 
                and Security Operation Field Test released by the 
                Federal Motor Carrier Safety Administration on November 
                11, 2004.
    (b) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section $3,000,000 for each of fiscal years 2007, 2008, and 2009.

SEC. 403. TRUCK LEASING SECURITY TRAINING GUIDELINES.

    (a) In General.--Within 180 days after the date of enactment of 
this Act the Secretary of Homeland Security, through the Transportation 
Security Administration and in consultation with the Federal Motor 
Carrier Safety Administration, shall develop and make available in 
written or electronic form security training guidelines for short-term 
truck leasing operations consistent with existing best practices as 
determined by the Secretary.
    (b) Contents.--The truck leasing security training guidelines 
shall--
            (1) include information for short-term truck leasing 
        companies on the appropriate contents of employee security 
        training efforts designed to enable employees to recognize 
        terrorist threats and criminal activity; and
            (2) contain a list of best practices developed by the 
        Assistant Secretary.
    (c) Outreach.--The Secretary may hold public information and 
outreach sessions to present the truck leasing security training 
guidelines to short-term truck leasing companies.
    (d) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Assistant Secretary of Homeland Security 
(Transportation Security Administration), to carry out this section 
$1,000,000 for fiscal year 2007.

SEC. 404. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--The Secretary of Homeland Security shall establish 
a program within the Transportation Security Administration, in 
consultation with the Secretary of Transportation, for reviewing 
hazardous materials security plans required under part 172, title 49, 
Code of Federal Regulations, within 180 days after the date of 
enactment of this Act.
    (b) Civil Penalty.--The failure, by a shipper, carrier, or other 
person subject to part 172 of title 49, Code of Federal Regulations, to 
comply with any applicable section of that part within 180 days after 
being notified by the Secretary of such failure to comply, is 
punishable by a civil penalty imposed by the Secretary under title 49, 
United States Code. For purposes of this subsection, each day of 
noncompliance after the 181st day following the date on which the 
shipper, carrier, or other person received notice of the failure shall 
constitute a separate failure.
    (c) Compliance Review.--In reviewing the compliance of hazardous 
materials shippers, carriers, or other persons subject to part 172 of 
title 49, Code of Federal Regulations, with the provisions of that 
part, the Secretary shall utilize risk assessment methodologies to 
prioritize review and enforcement actions to the most vulnerable and 
critical hazardous materials transportation operations.
    (d) Transportation Costs Study.--Within 1 year after the date of 
enactment of this Act, the Secretary of Transportation, in conjunction 
with the Secretary of Homeland Security, shall study to what extent the 
insurance, security, and safety costs borne by railroad carriers, motor 
carriers, pipeline carriers, air carriers, and maritime carriers 
associated with the transportation of hazardous materials are reflected 
in the rates paid by shippers of such commodities as compared to the 
costs and rates respectively for the transportation of non-hazardous 
materials.
    (e) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Assistant Secretary of Homeland Security 
(Transportation Security Administration), to carry out this section--
            (1) $2,000,000 for fiscal year 2007;
            (2) $2,000,000 for fiscal year 2008; and
            (3) $2,000,000 for fiscal year 2009.

SEC. 405. TRUCK SECURITY ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall transmit to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security a report on security 
issues related to the trucking industry that includes--
            (1) an assessment of actions already taken to address 
        identified security issues by both public and private entities;
            (2) an assessment of the economic impact that security 
        upgrades of trucks, truck equipment, or truck facilities may 
        have on the trucking industry and its employees, including 
        independent owner-operators;
            (3) an assessment of ongoing research and the need for 
        additional research on truck security; and
            (4) an assessment of industry best practices to enhance 
        security.

SEC. 406. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of Transportation and the Pipeline and 
Hazardous Materials Safety Administration, and in accordance with the 
Memorandum of Understanding Annex executed under section 407, shall 
develop a Pipeline Security and Incident Recovery Protocols Plan. The 
plan shall include--
            (1) a plan for the Federal Government to provide increased 
        security support to the most critical interstate and intrastate 
        natural gas and hazardous liquid transmission pipeline 
        infrastructure and operations as determined under section 406--
                    (A) at high or severe security threat levels of 
                alert; and
                    (B) when specific security threat information 
                relating to such pipeline infrastructure or operations 
                exists; and
            (2) an incident recovery protocol plan, developed in 
        conjunction with interstate and intrastate transmission and 
        distribution pipeline operators and terminals and facilities 
        operators connected to pipelines, to develop protocols to 
        ensure the continued transportation of natural gas and 
        hazardous liquids to essential markets and for essential public 
        health or national defense uses in the event of an incident 
        affecting the interstate and intrastate natural gas and 
        hazardous liquid transmission and distribution pipeline system, 
        which shall include protocols for granting access to pipeline 
        operators for pipeline infrastructure repair, replacement or 
        bypass following an incident.
    (b) Existing Private and Public Sector Efforts.--The plan shall 
take into account actions taken or planned by both private and public 
entities to address identified pipeline security issues and assess the 
effective integration of such actions.
    (c) Consultation.--In developing the plan under subsection (a), the 
Secretary of Homeland Security shall consult with the Secretary of 
Transportation, interstate and intrastate transmission and distribution 
pipeline operators, pipeline labor, first responders, shippers of 
hazardous materials, State Departments of Transportation, public safety 
officials, and other relevant parties.
    (d) Report.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Homeland 
        Security of the House of Representatives, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing the plan required by 
        subsection (a), along with an estimate of the private and 
        public sector costs to implement any recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.
    (e) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section $1,000,000 for fiscal year 2007.

SEC. 407. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--Within 1 year after the date of enactment of this 
Act the Secretary of Homeland Security, in consultation with the 
Secretary of Transportation, shall establish a program for reviewing 
pipeline operator adoption of recommendations in the September, 5, 
2002, Department of Transportation Research and Special Programs 
Administration Pipeline Security Information Circular, including the 
review of pipeline security plans and critical facility inspections.
    (b) Review and Inspection.--Within 9 months after the date of 
enactment of this Act the Secretary shall complete a review of the 
pipeline security plan and an inspection of the critical facilities of 
the 100 most critical pipeline operators covered by the September, 5, 
2002, circular, where such facilities have not been inspected for 
security purposes since September 5, 2002, by either the Department of 
Homeland Security or the Department of Transportation, as determined by 
the Secretary in consultation with the Secretary of Transportation.
    (c) Compliance Review Methodology.--In reviewing pipeline operator 
compliance under subsections (a) and (b), the Secretary shall utilize 
risk assessment methodologies to prioritize vulnerabilities and to 
target inspection and enforcement actions to the most vulnerable and 
critical pipeline assets.
    (d) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary shall transmit to pipeline operators and the 
Secretary of Transportation security recommendations for natural gas 
and hazardous liquid pipelines and pipeline facilities. If the 
Secretary of Homeland Security determines that regulations are 
appropriate, the Secretary shall promulgate such regulations and carry 
out necessary inspection and enforcement actions. Any regulations 
should incorporate the guidance provided to pipeline operators by the 
September 5, 2002, Department of Transportation Research and Special 
Programs Administration's Pipeline Security Information Circular and 
contain additional requirements as necessary based upon the results of 
the inspections performed under subsection (b). The regulations shall 
include the imposition of civil penalties for non-compliance.
    (e) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section--
            (1) $2,000,000 for fiscal year 2007; and
            (2) $2,000,000 for fiscal year 2008.

SEC. 408. MEMORANDUM OF AGREEMENT.

    Within 6 months after the date of enactment of this Act, the 
Secretary of Transportation and the Secretary of Homeland Security 
shall execute and develop an annex to the memorandum of agreement 
between the 2 departments signed on September 28, 2004, governing the 
specific roles, delineations of responsibilities, resources and 
commitments of the Department of Transportation and the Department of 
Homeland Security, respectively, in addressing pipeline security and 
hazardous materials transportation security matters, including the 
processes the Departments will follow to promote communications, 
efficiency, and nonduplication of effort.

SEC. 409. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

    (a) Development.--The Secretary of Homeland Security, in 
conjunction with the Secretary of Transportation, shall develop a 
national public sector response system to receive security alerts, 
emergency messages, and other information used to track the 
transportation of high hazard materials which can provide accurate, 
timely, and actionable information to appropriate first responder, law 
enforcement and public safety, and homeland security officials, as 
appropriate, regarding accidents, threats, thefts, or other safety and 
security risks or incidents. In developing this system, they shall 
consult with law enforcement and public safety officials, hazardous 
material shippers, motor carriers, railroads, organizations 
representing hazardous material employees, State transportation and 
hazardous materials officials, Operation Respond, private for-profit 
emergency response organizations, and commercial motor vehicle and 
hazardous material safety groups. The development of the national 
public sector response system shall be based upon the public sector 
response center developed for the Transportation Security 
Administration hazardous material truck security pilot program and 
hazardous material safety and security operational field test 
undertaken by the Federal Motor Carrier Safety Administration.
    (b) Capability.--The national public sector response system shall 
be able to receive, as appropriate--
            (1) negative driver verification alerts;
            (2) out-of-route alerts;
            (3) driver panic or emergency alerts; and
            (4) tampering or release alerts.
    (c) Characteristics.--The national public sector response system 
shall--
            (1) be an exception-based system;
            (2) be integrated with other private and public sector 
        operation reporting and response systems and all Federal 
        homeland security threat analysis systems or centers (including 
        the National Response Center); and
            (3) provide users the ability to create rules for alert 
        notification messages.
    (d) Carrier Participation.--The Secretary of Homeland Security 
shall coordinate with motor carriers and railroads transporting high 
hazard materials, entities acting on their behalf who receive 
communication alerts from motor carriers or railroads, or other Federal 
agencies that receive security and emergency related notification 
regarding high hazard materials in transit to facilitate the provisions 
of the information listed in subsection (b) to the national public 
sector response system to the extent possible.
    (e) Data Privacy.--The national public sector response system shall 
be designed to ensure appropriate protection of data and information 
relating to motor carriers, railroads, and employees.
    (f) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall transmit to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security a report on the 
estimated total public and private sector costs to establish and 
annually operate the national public sector response system under 
subsection (a), together with any recommendations for generating 
private sector participation and investment in the development and 
operation of the national public sector response system.
    (g) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Secretary of Homeland Security to carry out this 
section--
            (1) $1,000,000 for fiscal year 2007;
            (2) $1,000,000 for fiscal year 2008; and
            (3) $1,000,000 for fiscal year 2009.

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

    (a) In General.--The Secretary of Homeland Security shall establish 
a program within the Transportation Security Administration for making 
grants to private operators of over-the-road buses or over-the-road-bus 
terminal operators for system-wide security improvements to their 
operations, including--
            (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their security;
            (2) protecting or isolating the driver;
            (3) acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for collection, 
        storage, or exchange of passenger and driver information 
        through ticketing systems or otherwise, and information links 
        with government agencies;
            (4) training employees in recognizing and responding to 
        security threats, evacuation procedures, passenger screening 
        procedures, and baggage inspection;
            (5) hiring and training security officers;
            (6) installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities;
            (7) creating a program for employee identification or 
        background investigation;
            (8) establishing and upgrading an emergency communications 
        system linking operational headquarters, over-the-road buses, 
        law enforcement, and emergency personnel; and
            (9) implementing and operating passenger screening programs 
        at terminals and on over-the-road buses.
    (b) Federal Share.--The Federal share of the cost for which any 
grant is made under this section shall be 80 percent.
    (c) Due Consideration.--In making grants under this section, the 
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation 
security from those in effect before September 11, 2001, and shall 
prioritize grant funding based on the magnitude and severity of the 
security threat to bus passengers and the ability of the funded project 
to reduce, or respond to, that threat.
    (d) Grant Requirements.--A grant under this section shall be 
subject to all the terms and conditions that a grant is subject to 
under section 3038(f) of the Transportation Equity Act for the 21st 
Century (49 U.S.C. 5310 note; 112 Stat. 393).
    (e) Plan Requirement.--
            (1) In general.--The Secretary may not make a grant under 
        this section to a private operator of over-the-road buses until 
        the operator has first submitted to the Secretary--
                    (A) a plan for making security improvements 
                described in subsection (a) and the Secretary has 
                approved the plan; and
                    (B) such additional information as the Secretary 
                may require to ensure accountability for the obligation 
                and expenditure of amounts made available to the 
                operator under the grant.
            (2) Coordination.--To the extent that an application for a 
        grant under this section proposes security improvements within 
        a specific terminal owned and operated by an entity other than 
        the applicant, the applicant shall demonstrate to the 
        satisfaction of the Secretary that the applicant has 
        coordinated the security improvements for the terminal with 
        that entity.
    (f) Over-the-Road Bus Defined.--In this section, the term ``over-
the-road bus'' means a bus characterized by an elevated passenger deck 
located over a baggage compartment.
    (g) Bus Security Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Senate Committee on Commerce, Science, and Transportation, the 
        House of Representatives Committee on Transportation and 
        Infrastructure, and the House of Representatives Committee on 
        Homeland Security a preliminary report in accordance with the 
        requirements of this section.
            (2) Contents of preliminary report.--The preliminary report 
        shall include--
                    (A) an assessment of the over-the-road bus security 
                grant program;
                    (B) an assessment of actions already taken to 
                address identified security issues by both public and 
                private entities and recommendations on whether 
                additional safety and security enforcement actions are 
                needed;
                    (C) an assessment of whether additional legislation 
                is needed to provide for the security of Americans 
                traveling on over-the-road buses;
                    (D) an assessment of the economic impact that 
                security upgrades of buses and bus facilities may have 
                on the over-the-road bus transportation industry and 
                its employees;
                    (E) an assessment of ongoing research and the need 
                for additional research on over-the-road bus security, 
                including engine shut-off mechanisms, chemical and 
                biological weapon detection technology, and the 
                feasibility of compartmentalization of the driver; and
                    (F) an assessment of industry best practices to 
                enhance security.
            (3) Consultation with industry, labor, and other groups.--
        In carrying out this section, the Secretary shall consult with 
        over-the-road bus management and labor representatives, public 
        safety and law enforcement officials, and the National Academy 
        of Sciences.
    (h) Funding.--Out of funds appropriated pursuant to section 
114(u)(2) of title 49, United States Code, there shall be made 
available to the Assistant Secretary of Homeland Security 
(Transportation Security Administration), to carry out this section--
            (1) $50,000,000 for fiscal year 2007;
            (2) $50,000,000 for fiscal year 2008; and
            (3) $50,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain 
available until expended.MD23/

                  TITLE V--IMPROVED MARITIME SECURITY

SEC. 501. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL CENTERS 
              FOR PORT SECURITY.

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

SEC. 502. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE 
              RESPONSE PLAN.

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

SEC. 503. POST-INCIDENT RESUMPTION OF TRADE.

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

SEC. 504. ASSISTANCE FOR FOREIGN PORTS.

    (a) In General.--Section 70109 of title 46, United States Code, is 
amended--
            (1) by striking the section heading and inserting the 
        following:
``Sec. 70109. International cooperation and coordination'' ; and
            (2) by adding at the end the following:
    ``(c) Foreign Assistance Programs.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Transportation, the Secretary of State, the 
        Secretary of Energy, and the Commandant of the United States 
        Coast Guard, shall identify foreign assistance programs that 
        could facilitate implementation of port security antiterrorism 
        measures in foreign countries. The Secretary shall establish a 
        program to utilize those programs that are capable of 
        implementing port security antiterrorism measures at ports in 
        foreign countries that the Secretary finds, under section 
        70108, to lack effective antiterrorism measures.
            ``(2) Caribbean basin.--The Secretary, in coordination with 
        the Secretary of State and in consultation with the 
        Organization of American States and the Commandant of the 
        United States Coast Guard, shall place particular emphasis on 
        utilizing programs to facilitate the implementation of port 
        security antiterrorism measures at the ports located in the 
        Caribbean Basin, as such ports pose unique security and safety 
        threats to the United States due to--
                    ``(A) the strategic location of such ports between 
                South America and United States;
                    ``(B) the relative openness of such ports; and
                    ``(C) the significant number of shipments of 
                narcotics to the United States that are moved through 
                such ports.
    ``(d) International Cargo Security Standards.--The Secretary of 
State, in consultation with the Secretary acting through the 
Commissioner of Customs and Border Protection, shall enter into 
negotiations with foreign governments and international organizations, 
including the International Maritime Organization, the World Customs 
Organization, the International Labor Organization, and the 
International Standards Organization, as appropriate--
            ``(1) to promote standards for the security of containers 
        and other cargo moving within the international supply chain;
            ``(2) to encourage compliance with minimum technical 
        requirements for the capabilities of nonintrusive inspection 
        equipment, including imaging and radiation detection devices, 
        established under section 506 of the Transportation Security 
        Improvement Act of 2005;
            ``(3) to implement the requirements of the container 
        security initiative under section 70121; and
            ``(4) to implement standards and procedures established 
        under section 70116.''.
    (b) Report on Security at Ports in the Caribbean Basin.--Not later 
than 180 days after the date of enactment of this Act, the Comptroller 
General shall submit to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on 
Transportation and Infrastructure, and the House of Representatives 
Committee on Homeland Security a report on the security of ports in the 
Caribbean Basin. The report--
            (1) shall include--
                    (A) an assessment of the effectiveness of the 
                measures employed to improve security at ports in the 
                Caribbean Basin and recommendations for any additional 
                measures to improve such security;
                    (B) an estimate of the number of ports in the 
                Caribbean Basin that will not be secured by January 1, 
                2007, and an estimate of the financial impact in the 
                United States of any action taken pursuant to section 
                70110 of title 46, United States Code, that affects 
                trade between such ports and the United States; and
                    (C) an assessment of the additional resources and 
                program changes that are necessary to maximize security 
                at ports in the Caribbean Basin; and
            (2) may be submitted in both classified and redacted 
        formats.
    (c) Conforming Amendment.--The chapter analysis for chapter 701 of 
title 46, United States Code, is amended by striking the item relating 
to section 70901 and inserting the following:

``70901. International cooperation and coordination.''.

SEC. 505. IMPROVED DATA FOR TARGETED CARGO SEARCHES.

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

SEC. 506. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION 
              EQUIPMENT.

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

SEC. 507. RANDOM INSPECTION OF CONTAINERS.

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

SEC. 508. CARGO SECURITY.

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

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

SEC. 509. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

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

SEC. 510. PORT SECURITY USER FEE STUDY.

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

SEC. 511. DEADLINE FOR TRANSPORTATION SECURITY CARDS.

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

SEC. 512. PORT SECURITY GRANTS.

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

SEC. 513. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM SECURITY 
              VALIDATION PROGRAM.

    (a) In General.--Chapter 701 of title 46, United States Code, as 
amended by section 508 of this title, is further amended--
            (1) by redesignating section 70122 (as redesignated by 
        section 508(a)(3) of this title) as section 70123; and
            (2) by inserting after section 70121 the following:
``Sec. 70122. Customs-Trade Partnership Against Terrorism validation 
              program.
    ``(a) Validation; Records Management.--The Secretary of Homeland 
Security, through the Commissioner of Customs and Border Protection, 
shall issue regulations--
            ``(1) to strengthen the validation process to verify that 
        security programs of members of the Customs-Trade Partnership 
        Against Terrorism have been implemented and that the program 
        benefits should continue by providing appropriate guidance to 
        specialists conducting such validations, including establishing 
        what level of review is adequate to determine whether member 
        security practices are reliable, accurate, and effective; and
            ``(2) to implement a records management system that 
        documents key decisions and significant operational events 
        accurately and in a timely manner, including a reliable system 
        for--
                    ``(A) documenting and maintaining records of all 
                decisions in the application through validation 
                processes, including documentation of the objectives, 
                scope, methodologies, and limitations of validations; 
                and
                    ``(B) tracking member status.
    ``(b) Human Capital Plan.--Within 6 months after the date of 
enactment of the Transportation Security Improvement Act of 2005, the 
Secretary shall complete a human capital plan, that clearly describes 
how the Customs-Trade Partnership Against Terrorism program will 
recruit, train, and retain sufficient staff to conduct the work of the 
program successfully, including reviewing security profiles, vetting, 
and conducting validations to mitigate program risk.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security to carry out section 
70122 of title 49, United States Code, not to exceed--
            (1) $60,000,000 for fiscal year 2007;
            (2) $65,000,000 for fiscal year 2008; and
            (3) $72,000,000 for fiscal year 2009.
    (c) Conforming Amendments.--
            (1) The chapter analysis for chapter 701 of title 46, 
        United States Code, as amended by section 508(b) of this title, 
        is further amended by striking the item relating to section 
        70122 and inserting the following:

        ``70122. Customs-Trade Partnership Against Terrorism validation 
                            program.
        ``70123. Civil penalty.''.
            (2) Section 70117(a) and 70119(a) of title 46, United 
        States Code, as amended by section 508(b)(2) and (3), 
        respectively, of this Act, are each amended by striking 
        ``section 70122,'' and inserting ``section 70123,''.

SEC. 514. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.

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

SEC. 515. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION SECURITY CARD.

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

SEC. 516. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

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