U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 109TH CONGRESS

2nd Session 

REPORT

2006

109–216 

Calendar No. 364 

TRANSPORTATION SECURITY IMPROVEMENT 

ACT OF 2005 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1052 

FEBRUARY 27, 2006.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED NINTH CONGRESS

SECOND SESSION

TED STEVENS, Alaska, Chairman 

DANIEL K. INOUYE, Hawaii, Co-Chairman 

JOHN MCCAIN, Arizona 

CONRAD BURNS, Montana 

TRENT LOTT, Mississippi 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

GEORGE ALLEN, Virginia 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK LAUTENBERG, New Jersey 

E. BENJAMIN NELSON, Nebraska 

MARK PRYOR, Arkansas 

LISA SUTHERLAND, Staff Director 

CHRISTINE DRAGER KURTH, Deputy Staff Director 

KEN NAHIGIAN, Chief Counsel 

MARGARET CUMMISKY, Democratic Staff Director and Chief Counsel 

SAMUEL WHITEHORN, Democratic Deputy Staff Director and General Counsel 


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Calendar No. 364 

109TH CONGRESS REPORT " ! SENATE 2nd Session 109–216 

TRANSPORTATION SECURITY IMPROVEMENT ACT OF 2005 

FEBRUARY 27, 2006.—Ordered to be printed 

Mr. STEVENS, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1052] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1052) to improve transportation security, and for other purposes, having considered the same, reports 

favorably thereon with an amendment and recommends that the 

bill (as amended) do pass. 

PURPOSE OF THE BILL

S. 1052 would set policy, provide agency guidance, authorize 

funding and create new programs addressing the security of all 

modes of transportation, including aviation, rail, maritime, pipeline, and the transportation of hazardous materials. The legislation 

also would require greater cooperation and coordination between 

the Departments of Transportation (DOT) and Homeland Security 

(DHS) to delineate and further clarify the federal roles and responsibilities with respect to transportation safety and security. 

BACKGROUND AND NEEDS

On November 16, 2001, Congress passed the Aviation and Transportation Security Act (ATSA) (P.L. 107–71) in response to the September 11, 2001, terrorist attacks. ATSA, which was signed into 

law on November 19, 2001, required a new regime for aviation security and created the Transportation Security Administration 

(TSA) within DOT to oversee security for all modes of transportation. On March 31, 2003, as mandated under the Homeland Security Act of 2002 (P.L. 107–296), the TSA was transferred from 

DOT to DHS where it remains a distinct entity within DHS. 


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1 In 2002, and on several occasions since, the FBI has warned that al-Qaeda may directly target U.S. trains, key rail bridges, and sections of track to cause train accidents and derailments. 

Despite these vulnerabilities and the importance of the passenger and freight railroad industry 

to the nation, minimal Federal resources have gone towards improving rail security. 

Aviation Security 

Aviation security has been the major focus of transportation security policy since the terrorist attacks of September 11, 2001, and 

was the primary emphasis of the previously cited ATSA legislation. 

ATSA, known in part for mandating a Federalized workforce of security screeners to inspect airline passengers and their baggage, 

set out an overarching regime to address aviation security needs. 

It gave the TSA broad authority to assess vulnerabilities in the 

system of aviation security and take steps to mitigate these risks. 

Aviation security policy since September 11, 2001 has consisted of 

two fundamental principles: transportation security is national security; and a multi-layered strategy will establish redundancies to 

most effectively thwart a potential terrorist attack. 

Upon the creation of TSA as a new Federal agency, it was required to meet various Congressional mandates and timelines set 

forth in ATSA to strengthen and coordinate the nation’s transportation security regime. Additional directives for the TSA have been 

included in a number of appropriations bills, including on December 17, 2004, when President Bush signed the Intelligence Reform 

and Terrorism Prevention Act of 2004 (Public Law 108-458), which 

added further mandates to bring transportation security in the 

United States in line with the recommendations of the National 

Commission on Terrorist Attacks Upon the United States (9/11 

Commission). The TSA’s progress on aviation security has been the 

subject of considerable oversight by Congress over the past four 

years and continues to receive scrutiny as the agency moves forward in fulfilling existing obligations and addressing new challenges. Pursuant with the recommendations of the 911 Commission, the TSA has moved towards a risked-based approach for allocating limited security resources to where such resources are most 

needed. 

Recognizing the significant commitment made to improve air 

transportation security in the United States since September 11, 

2001, S. 1052 focuses on a few primary aviation issues, including 

a provision to consider options for improving the collection of aviation passenger security fees, while ensuring Congressional review 

of security fee increase proposals. Other aviation security provisions in the legislation would require that TSA create a pilot program to establish screener workforce internship programs at airports, and prohibit the certification of foreign repair stations until 

TSA and FAA review, audit, and develop security regulations for 

such facilities. 

Railroad Security 

The terrorist attacks of September 11, 2001, the March 2004 

bombings of commuter trains in Madrid, Spain, and the July 2004 

transit bombings in London, England, heightened concerns about 

the susceptibility of the passenger and freight rail system in the 

United States to terrorist attack. While no similar attack has occurred to date against the rail system in the United States, the 

openness and vast size of our rail transportation network and the 

public reports that terrorists might be targeting U.S. rail assets 1


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2Association of American Railroads, Railroad Facts, 2003 Edition. 3U.S. Class I Railroads are line haul freight railroads with operating revenue in excess of $277.7 million. In 2004, the U.S. Class I railroads were: BNSF Railway, CSX Transportation, 

Canadian National’s Grand Trunk Corporation, Kansas City Southern Railway, Norfolk Southern Combined Railroad Subsidiaries, Canadian Pacific’s Soo Line Railroad, and Union Pacific 

Railroad. 

has raised significant concerns regarding the various security efforts in place to defend and prepare the nation’s railroads against 

a terrorist attack. As a result of this intelligence and the attacks 

overseas, the U.S. rail industry has increased its proactive security 

efforts in the face of public concern and potential threats. Similarly, DHS raised the national threat level for rail transportation 

systems, which triggered more stringent security requirements 

under homeland security directives aimed at mass transit and passenger rail. The change to the threat level also triggered modifications to some aspects of individual security plans voluntarily adopted by many in the industry. 

The nation’s freight railroads operate more than 140,000 miles of 

track over which nearly 28 million carloads are transported annually and provide the primary transportation of essential commodities vital to the U.S. economy, including the majority of coal used 

in electricity generation, over nine million trailers and containers, 

and two million carloads of chemicals. 2 The magnitude of rail operations preclude constant monitoring of all track and facilities and, 

like passenger rail systems, makes the freight rail system vulnerable to terrorist acts. There are seven Class railroads 3 and more 

than 550 total freight railroads operating in the United States. 

This network transports an estimated 42 percent of all domestic 

intercity freight. Inter-modal freight rail traffic has more than tripled since 1980 from 3.1 million trailers and containers to 11 million in 2004. For the week of August 20, 2005, U.S. freight railroads originated more inter-modal cargo containers (179,472) than 

in any previous week on record, which surpassed the previous high 

that was established three weeks earlier. DOT projects that freight 

traffic via rail will increase nearly 70 percent by 2020. The problem 

of securing such a vast system is compounded by the variety of 

freight hauled—as diverse as dry bulk (e.g., grain) and hazardous 

materials (e.g., chlorine). 

Similarly, the size and scope of the U.S. passenger rail network 

presents security challenges. In 2005, more than 25 million passengers rode intercity passenger trains and approximately 3.5 billion passengers rode public transit and commuter rail services, 

such as Washington’s Metrorail system, Chicago’s Metra commuter 

system and Maryland’s MARC service. Along with critical rail infrastructure and equipment, passenger rail facilities and stations, 

which often serve as central hubs for multiple public transportation 

services, represent tempting targets for terrorist attacks. The 

RAND Corporation estimated that there were a total of 181 terrorist attacks on trains and rail-related targets worldwide between 

1998 and 2003, an average of 30 per year. Brian Jenkins of the 

RAND Corporation has noted that, ‘‘for terrorists determined to kill 

in quantity and willing to kill indiscriminately, public transportation is an ideal target. It offers terrorists ease of access and escape. Crowds of strangers guarantee anonymity. Contained environments enhance the effect of explosives. Attacks on public transport also cause disruption and alarm—traditional terrorist goals.’’


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Recognizing the security challenges facing the rail sector, the 

Committee has held numerous hearings and favorably reported 

several rail security enhancement proposals since 2001. The rail security provisions of S.1052, contained in title III, represent the latest iteration of this effort and incorporate updated versions of provisions contained within the Rail Security Act of 2004, which 

passed the Senate by unanimous consent in the 108th Congress, 

after being favorably reported by the Committee. 

Maritime Security 

Port security in the United States is complex because of the varied nature and structure of the maritime industry and the geographic scope of our system of waterways. Unlike many nations, 

the United States has no national port authority: jurisdiction is 

shared by Federal, State, and local governments. Port authorities 

in the United States are instruments of State or local governments, 

established by State or local enactment. The U.S. Constitution does 

not grant regulation over seaports to the Federal government; however, the Constitution does explicitly vest the authority to regulate 

navigable waterways to the Federal government, a task largely delegated to the United States Army Corps of Engineers and the 

United States Coast Guard. In addition, the Federal government is 

delegated the right to regulate interstate and foreign commerce, 

and pursuant to this authority, has plenary powers to regulate port 

practices. 

The United States has more than 1,000 harbor channels and 

25,000 miles of inland, intra-coastal, and coastal waterways that 

serve over 360 ports. There are approximately 3,700 terminals located at these ports that facilitate passenger and cargo movements. 

These waterways and ports link to 152,000 miles of railways, 

460,000 miles of underground pipelines, and 45,000 miles of interstate highways. The U.S. marine transportation system moves 

more than 2 billion tons of domestic and international freight, imports 3.3 billion tons of oil, and services 134 million passengers by 

ferry. The system also hosts more than 6 million cruise ship passengers. The vast majority of ships entering U.S. ports are foreign 

owned and crewed, and, in 2001, roughly 5,400 commercial ships 

made over 60,000 calls at U.S. ports. 

The U.S. maritime transportation system provides more than 

$742 billion to U.S. gross domestic product and creates employment 

for more than 13 million citizens. U.S. ports handle more than 95 

percent of our nation’s overseas trade, and the total volume of 

goods shipped to or from the United States is expected to double 

over the next 20 years. The top 50 U.S. ports handle approximately 

90 percent of all cargo tonnage, and 25 of those ports handle 98 

percent of all container shipments. The maritime transportation 

system is vital to the continued operation of U.S. retailers who import much of the merchandise that they sell, and U.S. manufacturers who commonly rely on foreign components for their products. 

To establish a framework for maritime security standards, the 

Senate Committee on Commerce, Science, and Transportation developed legislation that Congress passed, the Maritime Transportation Security Act of 2002 (MTSA). MTSA requires Federal agencies, State and local authorities, and private sector stakeholders to 

work together to define critical portions of the U.S. maritime transVerDate Aug 31 2005 02:26 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6601 E:\HR\OC\SR216.XXX SR216

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4 Ibid. 

5 Ibid. 

6P.L. 107–56, title X, § 1012(a)(1), 115 Stat. 396, October 26, 2001, amended August 10, 2005, 

P.L. 109–59 (‘‘Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for 

Users’’ or ‘‘SAFETEA-LU’’). 

portation system and determine how best to protect these assets 

against terrorist attacks. 

Other Surface Transportation Security 

While much attention has been focused on the security needs of 

domestic commercial aviation, and to a lesser extent, the security 

needs of the U.S. maritime and rail industries, little has been done 

at the Federal level to address security vulnerabilities within the 

motor carrier, intercity bus, and pipeline industries. 

Motor Carrier Security 

The motor carrier industry is the backbone of the nation’s freight 

system, carrying 85 percent of domestic cargo by value and 70 percent by weight. Nearly everything American consumers utilize 

throughout a given day has been transported by a motor carrier. 

Even freight carried by other modes such as aviation, rail, and 

maritime often depends on trucking at some point through the supply chain. Trucks move cargo from airports, rail yards, and seaport 

terminals. In 2003, U.S. trucking hauled 9.1 billions of freight and 

employed 5.6 million people in trucking-related fields 4. Trucking is 

also an essential part of North American international trade hauling two-thirds (67 percent) of the goods transported between the 

United States and Canada and over four-fifths (80 percent) of the 

goods transported between the United States and Mexico 5. Truck security has become an important issue both because of 

the size and essential nature of the industry, and the potential 

ease of access to trucks. With two deadly domestic terrorist attacks 

at the World Trade Center in 1993 and on the Oklahoma City Federal Building in 1995, the United States had already faced truckbased terrorism before the attacks of September 11, 2001. Despite 

this, Federal involvement in truck security has been limited, with 

the bulk of security efforts being implemented on an ad-hoc basis 

by individual companies or by groups representing sectors of the 

motor carrier industry. 

Presently, there is only one motor carrier security program specifically mandated by statute. Acting out of concern for the security 

of the transportation of hazardous materials by truck, Congress authored legislation requiring the DHS to implement a program to 

ensure that commercial drivers that transport hazardous materials 

do not pose a security threat to the nation. 6 Under the requirements of the statute, a driver must undergo a security background 

check as a prerequisite for hazardous materials endorsement on a 

commercial driver’s license. The only other mandatory security program is a DOT security regulation requiring all shippers of hazardous materials to develop and implement security plans. 

The Federal government has implemented a few voluntary security initiatives for this transportation sector. The most notable 

truck freight security initiatives are the U.S. Customs and Border 

Protection (CBP) program known as the ‘‘Customs-Trade Partnership Against Terrorism (C-TPAT)’’ and the TSA partnership with 

American Trucking Associations (ATA) called ‘‘Highway Watch.’’ To 

address increasing security checks at U.S. border-crossings with 


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7 U.S. Customs and Border Protection. Securing the Global Supply Chain: Customs-Trade 

Partnership Against Terrorism (C-TPAT) Strategic Plan. 2004. Available at http://www.cbp.gov/ 

linkhandler/cgov/import/commerciallenforcement/ctpat/ctpat—strategicplan.ctt/ 

ctpatlstrategicplan.pdf. Accessed January 2006. 8Department of Homeland Security Appropriations, 2006, P.L. 109–90, October 18, 2005; and 

P.L. 108–334, October 18, 2004. 

Mexico and Canada following the September 11 attacks, motor carriers agreed to participate in C-TPAT, a voluntary program for 

shipments between the United States and Canada, or the United 

States and Mexico. C-TPAT participants agree to follow a set of security guidelines outlined in written agreement in return for reduced delays at border-crossing from Customs inspections 7. To 

gain additional expedited treatment at the U.S. borders, motor carriers may choose to participate in the Free and Secure Trade 

(FAST) program, which utilizes electronic transmission of shipping 

data and use of transponder technologies and barcode technology 

for verification. Participation in C-TPAT is a prerequisite to membership in the FAST program. While C-TPAT and FAST are focused on cross-border cargo clearance, Highway Watch focuses on 

security training for the drivers. Through Highway Watch, transportation professionals are trained to recognize and report potential 

safety and security threats. DHS provides the funding and ATA administers the program. 

These programs begin to address the security concerns of the 85 

percent of domestic cargo that moves by trucks. However, these 

modest steps highlight the need for more robust action. The motor 

carrier and truck security provisions contained in title IV of S.1052 

takes the next steps by focusing on the key issues related to the 

secure transportation of hazardous materials, such as routing, 

tracking, training, and enforcement. 

Intercity Bus Security 

Along with automobile, air, and rail services, intercity bus service has long been one of the primary modes of transportation within the United States. The intercity bus industry serves more than 

5,000 destinations in the United States. The industry comprises 

mostly small businesses. Sixty-five percent of known carriers operate fewer than 10 buses, but those smallest of companies carry an 

estimated 97 million passengers. Over-the-road buses transport approximately 774 million passengers annually and are the only viable means of transportation for many people throughout the country. Between fixed routes, intercity, community services, charter 

and tour, and airport shuttle services, the industry has a significant impact in the lives of many Americans. However, most important, they serve thousands of communities that have no other form 

of intercity public transportation, and provide the only affordable 

means of transportation for millions in urban areas. 

Since September 11, Congress has noted the importance of making intercity bus facilities secure, and have appropriated funding 

for security enhancement and training. $10 million was appropriated to the DHS for intercity bus security grants program in 

both fiscal years 2005 and 2006. 8 Funds have been used for priority upgrades such as monitoring, tracking, and communication 

upgrades, including GPS tracking technology, cellular communications or identification materials, and security training. This funding, however, is not enough. Federal financial support is needed for 


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9 Richard Rabinow, The Liquid Pipleline Industry in the United States: Where It’s Been, Where 

It’s Going, Association of Oil Pipe Lines, April 2004. 

system-wide improvements, such as passenger and baggage screening in terminals; implementation of a ticket identification system; 

emergency communications systems linked to police and emergency 

personnel; enhanced driver compartment security; increased security training; development and maintenance of information and 

communications systems with law enforcement; installation of cameras and video surveillance equipment; and other measures to 

make buses, terminals, and garages more secure. S. 1052 would 

provide $50 million for these needed system-wide security improvements. 

Pipeline Security 

The U.S. liquid pipeline industry is large, diverse and vital to the 

economy. Comprised of approximately 200,000 miles of pipes in all 

of the fifty States, during 2001, liquid pipelines carried more than 

40 million barrels per day, or 4 trillion barrel-miles, of crude oil 

and refined products. 9 Because of the volume that must be transported, pipelines are the only feasible method for moving the enormous quantities of petroleum and other key products that America 

requires to keep going each day. It is projected that the liquid pipeline industry will grow significantly during the next 25 years. 

Pipeline operators have managed the integrity, safety, and security of their system for years. By April 1, 2003, operators of 95 percent of the oil pipeline infrastructure had certified with DOT their 

compliance with contingency planning guidelines. While pipeline 

operators have voluntarily conducted vulnerability assessments of 

critical pipeline facilities, there is no security requirement to do so, 

and thus, no enforcement. The pipeline security provisions of 

S.1052 would address this security gap by requiring the Federal 

government to develop a Pipeline Security and Incident Recovery 

Plan to provide for increased security support to the most critical 

transmission pipeline infrastructure and operations during periods 

of elevated threat, and ensure no disruption of commerce in the 

event of an incident. The bill also would require DHS to issue pipeline security regulations that include provisions for inspection of facilities and enforcement action. 

SUMMARY OF PROVISIONS

The provisions of the proposed aviation security title in S. 1052 

would: preclude TSA from increasing the aviation security infrastructure fee without submitting the proposed rule to Congress; require TSA to study the feasibility of collecting the commercial aviation passenger security fee directly from passengers at, or before, 

they reach the airport through a system developed or approved by 

TSA, including the use of vending kiosks, other automated vending 

devices, the Internet, or other remote vending sites; require TSA to 

establish a pilot program at not more than three airports for training students as interns to perform screening of passengers and 

property in exchange for a commitment to become a screener postgraduation; and preclude the FAA from certifying foreign repair 

stations if DHS fails to issue repair station regulations within 90 

days of the enactment of this Act. 


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The major provisions of the rail security title of S. 1052 would: 

create a new grant program within DHS to assist Amtrak, freight 

railroads, and other stakeholders in upgrading security across the 

railroad system; provide funding through DOT for security and 

safety enhancements to Amtrak railroad tunnels in New York, 

Washington, D.C., and Baltimore; create a rail security research 

and development program; encourage the deployment of rail car 

tracking equipment for high-hazard materials rail shipments; require railroads shipping high hazard materials to create threat 

mitigation plans; require DHS and DOT to clarify their roles for 

rail security and safety; issue guidance for a rail worker security 

training program; and provide for a whistleblower protection program for rail workers who report security concerns. 

The major provisions of the maritime security title of S. 1052, 

augmenting MTSA, would: require the establishment of inter-agency operational centers for port security at all high priority ports; establish prioritization of vessels to resume trade following an incident; improve tracking data for cargo; and establish technical requirements for improved cargo inspection; and develop plans for 

enhanced random physical inspection of containers. The legislation 

also would serve to strengthen current DHS initiatives for cargo as 

well as secure systems of international inter-modal transportation. 

S. 1052 also addresses transportation security issues related to 

pipelines and pipeline facilities, motor carriers, the transport of 

hazardous materials by all modes, and over-the-road buses. The 

major provisions of the proposed surface transportation title of S. 

1052, in addition to those described for railroad security, would: 

strengthen hazardous material transportation security efforts; propose security guidelines for truck rental and leasing operations; require the development of pipeline security incident recovery plans; 

and provide grants for improving over-the-road bus and bus terminal security. 

LEGISLATIVE HISTORY

Chairman Stevens and Co-Chairman Inouye introduced S. 1052, ‘‘The Transportation Security Improvement Act of 2005’’ on May 

17, 2005. Senators Boxer, Dorgan, Lautenberg, Rockefeller, Snowe, 

Cantwell, and Pryor originally cosponsored the bill. 

During the 109th Congress, the Committee held multiple hearings on transportation security. On May 17, 2005, the Committee 

held a hearing chaired by Chairman Stevens on measures that 

have been taken since September 11, 2001, to secure U.S. ports. 

Those testifying before the Committee were members of Congress, 

representatives of CBP, U.S. Coast Guard, DHS, the General Accountability Office (GAO), and various trade associations. 

On October 20, 2005, the Committee held a hearing chaired by 

Chairman Stevens on the state of passenger and freight rail security, as well as relevant provisions of S. 1052. Those testifying before the Committee were representatives of TSA, the Federal Railroad Administration (FRA), GAO, Amtrak, and various business 

and labor associations. 

On November 17, 2005, the Committee met in Executive Session 

during which S. 1052 was considered. A substitute amendment 

that streamlined the provisions of S. 1052 was offered by Chairman 

Stevens and Co-Chairman Inouye, and approved by the Committee 


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unanimously by voice vote. Several amendments filed by Senators 

Cantwell, Pryor, Kerry, Lautenberg and Dorgan also were offered 

and incorporated into S. 1052 via a manager’s package. 

The amendments sponsored by Senator Cantwell would increase 

research and development for ferry security, increase security for 

car ferries entering U.S. waters from Canada, and ensure that the 

strategic plan for transportation research and development is 

aligned with interoperable communications research and development in Federal agency strategic plans. The amendments sponsored by Senator Pryor would require the DHS Secretary to transmit a preliminary report of security issues related to the trucking 

industry, require demonstration projects for alternative collection 

methods for passenger security fees, and require that pilot programs for employee retention internships be conducted at three airports of various size facilities. The amendment sponsored by Senators Kerry, Lautenberg and Dorgan would repeal TSA’s exemption 

from Federal procurement laws under the Federal Acquisition Regulation (FAR). 

The substitute and manager’s amendments were adopted by the 

Committee and amended to the bill; the Committee ordered the bill 

reported. 

ESTIMATED COSTS

In compliance with subsection (a)(3) of paragraph 11 of rule 

XXVI of the Standing Rules of the Senate, the Committee states 

that, in its opinion, it is necessary to dispense with the requirements of paragraphs (1) and (2) of that subsection in order to expedite the business of the Senate. 

REGULATORY IMPACT STATEMENT

NUMBER OF PERSONS COVERED

S. 1052 is intended to improve transportation security by making 

modifications to ATSA and MTSA. While S. 1052 affects DHS and 

DOT, it would be consistent with the number of individuals affected by ATSA and MTSA. 

ECONOMIC IMPACT

S. 1052 is not expected to have an adverse impact on the U.S. 

economy. It is anticipated that titles I-V would have positive economic impacts to their respective areas and should provide significant support to the corresponding transportation sector modes. The 

bill would authorize the necessary funding to establish a more secure system by requiring DHS, and in some cases DOT, as well as 

the corresponding industries to take steps to protect the system. 

PRIVACY

S. 1052 would have minimal effect on the privacy rights of individuals. 

PAPERWORK

The Committee anticipates a slight increase in paperwork burdens on requirements for private individuals or businesses. In 


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those areas where the bill does require additional paperwork, it is 

aimed at improving the transportation security infrastructure. 

S. 1052 would require a range of plans, communications, budget 

analyses, agreements, and rulemakings. In certain sections, such 

as section 103, the Secretary of DHS would be required to promulgate strategic plans to Congress, or in the case of sections 310 and 

403, the Secretaries of DHS and DOT would be required to develop 

and issue detailed guidance to the pertinent industry stakeholders, 

while section 507 would require that DHS develop a plan for random physical inspection of shipping containers. Two provisions of 

S. 1052, section 313 and 408, would require that the Secretaries of 

DHS and DOT enter into an annex of a previously established 

Memorandum of Agreement to delineate roles and responsibilities. 

Section 315 would require the DHS and DOT Secretaries to develop 

a national plan for improved public outreach, which would entail 

communication with citizens, although not necessarily in print format. Section 407 would require the DHS Secretary to promulgate 

regulations; section 506 would require initiation of a rulemaking; 

section 508 would require promulgation of standards and procedures for cargo screening and section 511 would require the DHS 

Secretary to issue a final rule for transportation security cards. 

The paperwork burden on industry or private individuals concerns plans that would be developed and/or submitted for review to 

DHS and DOT: these plans would be used for strategic purposes 

or would be a pre-requisite for distributing grants. For example, in 

section 312, rail carriers would be required to develop and submit 

security threat mitigation plans which would be updated and resubmitted for review, while section 401 would require certain 

motor carriers to develop and maintain written route plans. Illustrations of grant requirements are found in section 304, where the 

DOT Secretary would have to approve plans submitted by Amtrak 

before distributing grants for fire and life-safety improvements; in 

section 307, where the DHS Secretary would be authorized to 

award grants; however, prior to award, applicants would have to 

follow qualification procedures, including a requirement that the 

applicant have a security plan; and in section 410, where the DHS 

Secretary would not be required to award grants until private bus 

operators submitted a plan for making security improvements. 

SECTION-BY-SECTION ANALYSIS

TITLE I—AUTHORIZATIONS

Section 101. Transportation Security Administration authorization. 

This section would authorize sums to be appropriated to DHS for 

each of fiscal years 2007 through 2009 for aviation, surface transportation security, intelligence, research and development, and administration; $15.75 billion for aviation security; $723 million for 

surface transportation security; $96 million for intelligence; and 

$1.6 billion for administration. 

Section 102. Department of Transportation authorization. 

This section would authorize sums to be appropriated to DOT for 

each of fiscal years 2007 through 2009 to carry out title III and IV 

of this Act. The total sums authorized to be appropriated are $671 

million over three years. 


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Section 103. Technology for transportation security. 

Subsection (a) of this section would amend section 70107(i)(2)(B) 

of title 46, U.S.C. to insert ‘‘not less than’’ after Secretary. 

Subsection (b) of this section would require the Secretary to ensure that beginning after the date of enactment of this Act, not less 

than eight percent of amounts appropriated to TSA and the DHS 

Directorate of Science and Technology are used for research and 

development for maritime security projects or programs, including 

ferry systems, and not less than two percent of such amounts are 

used for rail security projects or programs. 

Subsection (c) of this section would require within 120 days of 

enactment of this Act the DHS Secretary to promulgate a strategic 

plan for transportation research and development, and update the 

plan not less than every two years. In promulgating the plan, the 

Secretary would be required to ensure the research needs of all 

major modes of transportation, identify goals and objectives, include an adequate amount of basic research, define the research 

and development roles of TSA and the DHS Directorate of Science 

and Technology, coordinate transportation research, including 

interoperable communications, with other Federal agencies, and 

base the plan on vulnerability and criticality assessments. This 

subsection also would require the Homeland Security Science and 

Technology Advisory Committee to evaluate the plan annually and 

recommend changes to the research program under the plan. 

The Secretary would be required to submit to Congress a copy of 

the strategic plan, as well as a copy of the annual evaluations and 

recommendations made by the Advisory Committee. 

Subsection (d) would authorize the DHS Secretary to transfer up 

to $15,000,000 to the National Institute of Science and Technology 

to be obligated and expended for a focused program in transportation security. 

Subsection (e) would amend title III of the Homeland Security 

Act of 2002 by adding a new section 314. This new section would 

require the DHS Secretary, acting through the Under Secretary for 

Science and Technology, to establish a competitive research program within the Directorate. A Director appointed by the Secretary 

would head the program. The Director would: establish a co-funding mechanism for States and academic facilities to support their 

security-related science and technology programs; provide for conferences and other assistance to researchers and academic institutions on topics related to science and technology expertise; monitor 

States’ efforts to develop programs that support DHS’s mission; implement a merit review program to ensure the quality of research 

conducted with program funding; and provide annual reports to the 

Secretary on the progress and achievements of the program. 

This subsection would require the Director to provide assistance 

under the program for research and development projects that are 

related to or qualify as homeland security research. Such assistance may take the form as grants, contracts, or cooperative agreements. For the first three fiscal years of the program, assistance 

would be limited to academic institutions located in States with 

academic institutions with a grant from, or contract or cooperative 

agreement with, the National Science Foundation. 


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Section 104. Reorganizations. 

This section would require the DHS Secretary to notify Congress 

in writing not less than 15 days before reorganizing or renaming 

offices, reorganizing programs or activities, or contracting out or 

privatizing any functions or activities presently performed by Federal employees. 

The Committee is concerned that reorganizations of DHS and 

TSA have been undertaken without sufficient notice or explanation 

to the Committee. While such reorganization may be necessary and 

appropriate from time to time, the undertaking without notice or 

explanation has complicated the Committee’s efforts to oversee and 

analyze DHS’s programs, staff, and policies within the Committee’s 

jurisdiction. This section would require that the Committee be notified of substantial changes in DHS or TSA structure or policy before they occur to ensure that the Committee can perform its oversight function over areas within its jurisdiction. 

Section 105. TSA acquisition management policy. 

This section would amend section 114 of title 49 U.S.C. by striking subsection (o), thus repealing TSA’s exemption from Federal 

procurement laws under FAR. This section would take effect 180 

days after the date of enactment of this Act. 

TITLE II— IMPROVED AVIATION SECURITY

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

This section would amend section 44940(a)(2) of title 49, U.S.C., 

by precluding the Assistant Secretary of TSA from increasing the 

aviation security infrastructure fee after September 30, 2006, unless the fee or increase is imposed by rule, and the rule is submitted to Congress not less than 60 days before its proposed effective date. 

Section 202. Alternative collection methods for passenger security 

fee. 

This section would require the Assistant Secretary of TSA to 

study the feasibility of collecting the commercial aviation passenger 

security fee authorized by section 44940 of title 49, U.S.C., directly 

from passengers at, or before they reach, the airport through a system developed or approved by TSA, including the use of vending 

kiosks, other automated vending devices, the Internet, or other remote vending sites. 

Based on the study required by this section, the Secretary would 

be required to develop such alternative collection systems as the 

Assistant Secretary determines to be feasible. The Secretary would 

be required to report to Congress within six months the results of 

the study, along with recommendations the Secretary deems appropriate. If the Secretary determines that a system of direct collection 

from passengers is feasible, the Secretary would be required to conduct demonstration projects at no more than three airports within 

one year of submitting the report to Congress. 

Section 203. Employee retention internship program. 

This section would require the Assistant Secretary of TSA to establish a pilot program at not more than three airports for training 


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13 

students to perform screening of passengers and property. The program would be an internship for pre-employment training of finalyear students from public and private secondary schools. Students 

would be compensated and 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. The Assistant Secretary would be required to conduct these pilots at airports of various sizes, small, 

medium and large. 

Section 204. Repair station security. 

Subsection (a) of this section would preclude the Administrator 

of the Federal Aviation Administration from certifying foreign repair stations under part 145 of title 14, Code of Federal Regulations (CFR), if the regulations required by section 44924(e) of title 

49, U.S.C., are not issued within 90 days of the enactment of this 

Act. 

Subsection (b) of this section amends section 44924 of title 49, 

U.S.C., and would mandate a 6-month deadline for security review 

and audit, rather than 18 months. 

TITLE III — IMPROVED RAIL SECURITY

Section 301. Short title. 

Section 301 would indicate that this title may be cited as the 

‘‘Rail Security Act of 2005.’’

Section 302. Rail transportation security risk assessment. 

This section would require the DHS Secretary to establish a task 

force to complete a vulnerability and risk assessment of freight and 

passenger rail transportation. The Secretary would be required to 

take into account actions taken or planned by both public and private entities. Based on the findings of the task force, within 180 

days of enactment of this Act, the Secretary would be required to 

develop and report to Congress prioritized recommendations for improving rail security, including any recommendations for: improving the security of tunnels, bridges, and other infrastructure; deploying explosive detection technologies and surveillance equipment; training railroad or railroad shipper employees; educating 

rail passengers; and identifying immediate and long-term costs associated with addressing risks. This report, containing prioritized 

recommendations, plans and cost estimates for the security of the 

domestic rail system, would be updated and submitted annually to 

Congress. 

The Secretary would be required to include in his recommendations a plan for the Federal government to provide increased security support at high threat levels of alert, a plan for coordinating 

existing and planned rail security initiatives undertaken by the 

public and private sectors, and a contingency plan developed in 

conjunction with the intercity and commuter passenger railroads to 

ensure the continued movement of freight and passengers in the 

event of an attack. This section would authorize to be appropriated 

$5,000,000 for fiscal year 2007 to carry out this section. 

The Committee has long awaited a comprehensive rail security 

risk assessment from DHS and TSA, and the enactment of this proVerDate Aug 31 2005 02:26 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00015 Fmt 6659 Sfmt 6601 E:\HR\OC\SR216.XXX SR216

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vision would be intended to hasten its development. Recognizing 

that, in addition to TSA’s lead role, DOT, other DHS agencies, and 

other Federal agencies contribute towards Federal rail security efforts, this provision envisions the establishment of a task force led 

by the DHS Secretary to develop the assessment. The Committee 

also hopes that this process will help led to the further delineation 

of roles and responsibilities between the Federal entities involved. 

Section 303. System-wide Amtrak security upgrades. 

This section would authorize the DHS Secretary to make grants 

to Amtrak to: secure major tunnel access points in New York, Baltimore, and Washington, D.C.; secure Amtrak trains and stations; 

obtain a watch list identification system and interoperable communication system; hire additional police and security officers; and expand emergency preparedness efforts. The Secretary would be authorized to distribute grants to Amtrak for projects contained in a 

system-wide security plan approved by the Secretary. The Secretary would be required to ensure that grants are distributed to 

areas outside of the Northeast Corridor, consistent with the risk 

assessment required under section 302 and in accordance with the 

highest security needs of the Amtrak system. This section would authorize to be appropriated $63,500,000 for fiscal year 2007, and $30,000,000 for each of fiscal years 2008 and 

2009 for the DHS Secretary to carry out this section. 

Section 304. Fire and life-safety improvements. 

This section would authorize the DOT Secretary to make grants 

to Amtrak for fire and life-safety improvements to Amtrak tunnels 

on the Northeast Corridor. 

This section would authorize $190,000,000 in funding for DOT 

for each of fiscal years 2007 through 2009 to make fire and lifesafety improvements to the six New York tunnels; $19,000,000 for 

each of fiscal years 2007 through 2009 for improvements of the Baltimore & Potomac and Union tunnels in Baltimore, Maryland; and 

$13,333,000 for each of fiscal years 2007 through 2009 for improvements of the Washington, D.C., Union Station tunnels. The DOT 

Secretary would be required to approve plans submitted by Amtrak 

before distributing grants. In addition, the Secretary may consider 

the feasibility of seeking a financial contribution from other rail 

carriers towards the cost of the project. This section also would authorize $3 million for the preliminary design of a new rail tunnel 

in downtown Baltimore, Maryland to provide redundancy and augment existing capacity. 

The amounts authorized by this section would allow Amtrak to 

complete ongoing safety and security improvements primarily focused on improving access and egress to and from Amtrak’s major 

Northeast Corridor rail tunnels and better lighting and ventilation. 

Section 305. Freight and passenger rail security upgrades. 

This section would authorize the DHS Secretary to make grants 

to freight railroads, the Alaska Railroad, hazardous materials shippers, owners of rail cars used to transport hazardous materials, institutions of higher education, State and local governments, and, 

through the DOT Secretary, Amtrak, for full or partial reimbursement of costs incurred to prevent or respond to acts of terrorism, 


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sabotage, or other vulnerabilities or risks. The DHS Secretary 

would be required to adopt necessary procedures to ensure that 

grants made under this section are expended in accordance with 

the purposes of this Act. Eligible activities for funding under this 

program include: the development of secure and redundant communications and tracking systems; explosive detection and screening 

equipment; intercity passenger train and facility security; hazardous materials rail transportation security; employee security 

training; and canine teams and additional security personnel. 

Grants available to Amtrak through this program would be limited 

to no more than $45 million per year to ensure that adequate funding is available for other purposes and to other entities. 

This section would authorize to be appropriated (subject to cer- tain limitations) $100,000,000 in funding for DHS for each of fiscal 

years 2007 through 2009 for the Secretary to carry out this section. 

Section 306. Rail security research and development. 

This section would require the DHS Secretary, in conjunction 

with the DHS Under Secretary for Science and Technology and the 

Assistant Secretary for TSA, and in consultation with the DOT Secretary, to carry out a research and development program for the 

purpose of improving freight and intercity passenger rail security. 

In carrying out this section, the DHS Secretary would be required 

to coordinate with other research and development initiatives at 

DOT. This section would authorize to be appropriated $35,000,000 

in funding for DHS for each of fiscal years 2007 through 2009 for 

the Secretary to carry out this section. 

The Committee believes that technology is an essential aspect of 

efforts to improve security of the nation’s railroads and seeks to 

further the development of new, or the adaptation of existing, technology for rail security uses. The Committee expects this program 

to be a joint effort between DHS’s Science and Technology Directorate and TSA, with each agency providing expertise and context 

to the endeavor. 

Section 307. Oversight and grant procedures. 

This section would authorize the DHS Secretary to use up to .5 

percent of amounts made available 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. The Secretary would be required to 

prescribe procedures and schedules for the awarding of grants 

under this Act, including application and qualification procedures. 

Section 308. Amtrak plan to assist families of passengers involved 

in rail passenger accidents. 

This section would require, not later than six months after the 

date of enactment of this Act, Amtrak to submit to the Chairman 

of the National Transportation Safety Board (NTSB), the DOT Secretary and the DHS Secretary, a plan for addressing the needs of 

families of passengers involved in any rail passenger accident involving an Amtrak intercity train and resulting in loss of life. The 

NTSB and various passenger carriers currently offer assistance to 

the families of passengers involved in transportation accidents. 

This provision would require Amtrak, as well as enable NTSB, to 


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offer similar services to those impacted by accidents involving Amtrak trains. This new section would authorize to be appropriated 

$500,000 in funding for fiscal year 2007 from this Act for the DOT 

Secretary to carry out this new section. 

Section 309. Northern border rail passenger report. 

This section would require the DHS Secretary, in consultation 

with the DOT Secretary, heads of other appropriate Federal departments and agencies, and the National Railroad Passenger Corporation, within 180 days of enactment of this Act, to submit a report to Congress that contains: a description of the current system 

for screening passengers and baggage on rail service between the 

United States and Canada; an assessment of the current program 

to provide pre-clearance of airline passengers between the United 

States and Canada; an assessment of the current program to provide pre-clearance of freight railroad traffic between the United 

States and Canada; information on progress by the Federal government towards finalizing a bilateral protocol with Canada that 

would provide for pre-clearance of passengers on trains operating 

between the United States and Canada; a description of legislative, 

regulatory, budgetary, or policy barriers to providing pre-screened 

passenger lists for such passengers; a description of the Canadian 

position with respect to pre-clearance; a draft of any changes to 

Federal law necessary to allow for pre-screening; and a feasibility 

analysis of reinstating in-transit inspections onboard international 

Amtrak trains. 

The Committee is concerned that passenger and baggage screening procedures at rail lines on the northern border are seriously delaying Amtrak trains. The Committee understands that delays at 

the border in Michigan were so severe that Amtrak and its connecting Canadian rail carrier, VIA Canada, were forced to discontinue service between Chicago and Toronto. While the Committee supports robust border protection, the process used should 

not unduly impact Amtrak service when possible. The Committee 

expects the DHS Secretary to work with agencies within the Department to minimize delays affecting trans-national Amtrak passengers at the border. 

Section 310. Rail worker security training program. 

This section would require the DHS and DOT Secretaries, within 

180 days after the enactment of this Act, to work with law enforcement officials, and terrorism and rail experts, to develop and issue 

detailed guidance for a railroad worker security training program 

to prepare front-line workers for potential security threats. This 

section also would require railroad carriers to adopt a worker security training program in accordance with the guidance and submit 

it to the DHS Secretary for review and comment. Within one year 

after the Secretary reviews the rail carriers’ training programs, the 

railroad carriers would be required to complete the training of 

front-line workers. 

The Committee is concerned that while many rail carriers may 

have developed security training program plans, that not all frontline rail workers have received training. Testimony before the Committee highlighted this issue as the plans have been developed, but 

those plans need to be implemented more robustly. Additionally, 


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the Committee believes that labor organizations representing rail 

workers should play a stronger role providing security training and 

awareness to their members. The guidance developed by Secretaries through this section should reflect these concerns and also 

take into account the different security concerns, resources, and expertise associated with different types and sizes of rail carriers. 

Section 311. Whistleblower protection program. 

This section would preclude rail carriers from discharging a railroad employee or otherwise discriminate against a railroad employee because the employee: provided, caused to be provided, or is 

about to provide, to the employer or the Federal government information relating to a reasonably perceived threat to security; provided, caused to be provided, or is about to provide testimony before a Federal or State proceeding; or refused to violate or assist 

in violation of any law or regulation related to rail security. This 

section also addresses dispute resolution, procedural requirements, 

election of remedies, and disclosure of identity of whistleblowers. 

The Committee believes that extending whistleblower protection 

to employees, patterned off existing protection in other transportation sectors, would help to ensure that employees can safely raise 

legitimate and reasonable security concerns to employees or others 

without fear of reprisal. 

Section 312. High hazard material security threat mitigation plans. 

This section would direct the DHS and DOT Secretaries to require rail carriers transporting a high hazard material to develop 

security threat mitigation plans, including alternative routing and 

temporary shipments suspension options, and to address assessed 

risks to high-consequence targets. These threat mitigation plans 

would be implemented when the threat levels of the Homeland Security Advisory System are high or severe and specific intelligence 

of probable or imminent threat exists toward high-consequence rail 

targets or infrastructure. Route plans would be required to be submitted within 60 days of enactment of this Act; mitigation plans 

would be required to be submitted within 180 days upon notification of high consequence targets by the Secretary. The plan and related information submitted to the Secretary for review and comment would be protected as sensitive security information (SSI). 

Each rail carrier would be required to update and resubmit its plan 

for review not less than every 2 years. 

The Committee believes that the plans required under this section would help to ensure that high-consequence targets near rail 

lines(major government buildings, public gatherings; critical assets 

or infrastructure, etc.) are protected during elevated security threat 

levels. The DHS Secretary would designate the high-consequence 

targets on routes over which high-hazard materials are transported 

and rail carriers would develop plans to mitigate risks for those 

targets in accordance with threat levels and other intelligence. 

Section 313. Memorandum of agreement. 

This section would require within one year of the date of enactment of this Act the DHS and DOT Secretaries to enter into an 

annex to their September 28, 2004 memorandum of agreement to 

delineate certain roles, resources, and commitments of DHS and 


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DOT in addressing railroad transportation security matters, including the processes the departments will follow to promote communications, efficiency, and non-duplication of efforts. 

Section 314. Rail security enhancements. 

This section would amend section 28101 of title 49, U.S.C., to expand the law enforcement authority of rail police officers to rail 

properties other than those owned or operated by a rail police officers’ employer. This change enhances rail police officers’ ability to 

respond to emergencies and pursue law enforcement actions in railroad terminal areas where several railroads operate in close proximity. This section would require that the DOT Secretary, in consultation with the DHS Secretary, review within one year after the 

date of enactment of this Act, the DOT’s current rail regulations 

for the purpose of identifying possible revisions that would improve 

rail security. 

Section 315. Public awareness. 

This section would require within 90 days of enactment of this 

Act the DHS Secretary, in consultation with the DOT Secretary, to 

develop a national plan for improved public outreach and awareness of measures that the general public, railroad passengers, and 

railroad employees can take to increase railroad system security. 

Not later than nine months after the date of enactment of this Act, 

the DHS Secretary would implement this plan. 

Section 316. Railroad high hazard material tracking. 

This section would require the DHS Secretary to develop a program that will encourage the equipping of rail cars transporting 

high hazard materials with wireless terrestrial or satellite communications technology that provides information concerning car position, depressurization, and the release of hazardous materials. The 

Secretary of DHS would be required to consult with the Secretary 

of DOT to coordinate the program with any similar efforts for rail 

car tracking within DOT and with DHS hazardous material tank 

rail car tracking pilot programs. This section would authorize to be 

appropriated $3,000,000 in funding for each of fiscal years 2007 

through 2009 for the Secretary to carry out this section. 

The Committee understands that there are on-going rail car 

tracking pilot programs now underway and that some rail car owners are already deploying tracking and monitoring equipment for 

tank cars carrying hazardous materials. The Committee seeks to 

encourage further deployment and development of this technology 

for both security and safety reasons. 

TITLE IV—IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS

MATERIAL SECURITY

Section 401. Written plans for hazardous materials highway routing. 

This section would require, within 180 days of enactment of this 

Act, the DOT Secretary to mandate that each motor carrier that is 

required to have a hazardous material safety permit under part 

385 of title 49, CFR, maintain a written route plan that meets the 

components of section 397.101 of that title when transporting the 


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type and quantity of hazardous materials described in section 

385.403 of that title. 

Section 402. Motor carrier high-hazard material tracking. 

This section would require the DHS Secretary, through TSA, and 

in consultation with the DOT Secretary, to develop a program to 

encourage the equipping of motor carriers transporting high-hazard 

materials in specified quantities with wireless communications 

technology that provides continuous communications, vehicle position and location and tracking capabilities, and an emergency 

broadcast capability. This section would make available $3,000,000 

of the funds appropriated under section 114(u)(2) of title 49, U.S.C., 

to carry out this Act for each of fiscal years 2007 through 2009. 

The Committee’s review of the Federal Motor Carrier Safety Administration’s Field Operation Test of hazardous material truck 

tracking technology and current wide deployment of tracking and 

monitoring equipment for trucks carrying hazardous materials 

leads the Committee to seek to encourage further deployment and 

development of this technology for both security and safety reasons. 

Section 403. Truck leasing security training guidelines. 

This section would require within 180 days of enactment of this 

Act the DHS Secretary, through TSA, and in consultation with the 

Federal Motor Carrier Safety Administration, to develop and make 

available security training guidelines for short-term truck leasing 

operations consistent with existing industry best practices as determined by the DHS Secretary. This section would make available 

$1,000,000 of the funds appropriated under section 114(u)(2) of title 

49, U.S.C., to carry out this Act for fiscal year 2007. 

The Committee encourages the DHS Secretary to conduct outreach sessions and communicate proposed guidelines to industry. 

Section 404. Hazardous materials security inspections and enforcement. 

This section would require the DHS Secretary to establish a program within TSA, in consultation with the DOT Secretary, for reviewing hazardous materials security plans as required under part 

172, title 49, CFR, within 180 days of the enactment of this Act. 

Failure by any covered person under part 172 to comply with any 

applicable section of that part within 180 days after being notified 

by the DHS Secretary would be punishable by a civil penalty. In 

reviewing compliance with part 172, the Secretary would be required to utilize risk assessment methodologies to prioritize review 

and enforcement actions to the most vulnerable and critical hazardous materials transportation operations. 

This section also would require within one year of enactment of 

this Act the DOT Secretary, in conjunction with the DHS Secretary, to study to what extent the insurance, security, and safety 

costs borne by carriers of hazardous materials are reflected in the 

rates paid by shippers of such commodities, as compared to such 

costs and rates borne and paid, respectively, for the transportation 

of non-hazardous materials. 

This section would make available $2,000,000 of the funds appropriated under section 114(u)(2) of title 49, U.S.C., to carry out this 

Act for each of fiscal years 2007 through 2009. 


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Section 405. Truck security assessment. 

This section would require the DOT Secretary to transmit a report to Congress on trucking security issues. This report would be 

required to include an assessment of security related measures 

taken by both public and private entities; an assessment of economic impact on the trucking industry, including employees and 

independent owner-operators, of upgrading trucks, equipment and 

facilities; an assessment of current research and the need for additional research on truck security; and an assessment of industry 

best practices to enhance security. 

Section 406. Pipeline security and incident recovery plan. 

This section would require the DHS Secretary, in consultation 

with the DOT Secretary and the Pipeline and Hazardous Materials 

Safety Administration, and in accordance with the Memorandum of 

Understanding Annex executed under section 407 of this Act, to develop a Pipeline Security and Incident Recovery Protocols Plan. 

The Plan would be required to include a plan for the Federal government to provide increased security support to the most critical 

natural gas and hazardous liquid transmission pipeline infrastructures and operations during periods of elevated threat levels, and 

when specific threat information relating to such pipeline infrastructure or operations exists. The plan would also be required to 

include an incident recovery protocol plan, developed in conjunction 

with industry, to ensure no disruption of commerce in the event of 

an incident. The plan would also include current or planned actions 

by public and private entities to address pipeline security issues 

and an evaluation of the plans’ effective integration. 

This section also would require that within one year of enactment of this Act the DHS Secretary transmit to Congress a report 

containing the plan required in this section, along with an estimate 

of the private and public sector costs to implement any recommendations. This section would make available $1,000,000 of 

the funds appropriated under section 114(u)(2) of title 49, U.S.C., 

to carry out this Act for fiscal year 2007. 

The Committee understands that one of the most significant effects of a terrorist or other attack against pipelines assets would 

be disruption to the nation’s energy supply. With this in mind, this 

section is designed to promote active planning and coordination between Federal entities and the pipeline industries to protect 

against pipeline disruptions and ensure that the recovery for any 

incident is swift and efficient in order to protect the integrity of the 

nation’s energy supply. 

Section 407. Pipeline security inspections and enforcement. 

This section would require within one year of enactment of this 

Act the DHS Secretary, in consultation with the DOT Secretary, to 

establish a program to review pipeline operators’ adoption of recommendations in the September 5, 2002, DOT Research and Special Programs Administration Pipeline Security Information Circular. The DHS Secretary would be required to complete within 

nine months a review of pipeline security plan and inspection of 

the 100 most critical pipeline operators covered by the Circular, 

and where such facilities have not been inspected for security purposes by either DHS or DOT. In reviewing operator compliance, the 


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DHS Secretary would be required to utilize risk assessment methodologies to prioritize vulnerabilities and focus enforcement actions. 

This section also would require within one year of enactment of 

this Act the DHS Secretary to promulgate regulations for securing 

natural gas and hazardous liquid pipelines and pipeline facilities 

and carry out necessary inspection and enforcement actions. This 

section would make available $2,000,000 of the funds appropriated 

under section 114(u)(2) of title 49, U.S.C., to carry out this Act for 

each of fiscal years 2007 and 2008. 

The Committee would encourage DHS to cooperate with DOT, 

specifically the Pipeline and Hazardous Materials Safety Administration, in the review of the pipeline plans as well as the inspection 

of critical infrastructure. 

Section 408. Memorandum of agreement. 

This section would require within six months of enactment of 

this Act the DOT Secretary and the DHS Secretary to execute and 

develop an annex to the memorandum of agreement between the 

two departments signed on September 28, 2004, in addressing pipeline security and hazardous materials transportation security matters. 

Section 409. National public sector response system. 

This section would require the DHS Secretary, in conjunction 

with the DOT Secretary, to develop a national public sector response system to receive security alerts, which can provide actionable information to appropriate first responder, law enforcement 

and public safety, and homeland security officials. The DHS Secretary would be required to consult with public and private stakeholders in developing this system. The system would be required 

to have certain capabilities and characteristics as described in this 

Act. 

This section would also require within 180 days of enactment of 

this Act the DHS Secretary to transmit to Congress a report on the 

estimated public and private costs to establish and annually operate the system. 

This section would make available $1,000,000 of the funds appropriated under section 114(u)(2) of title 49, U.S.C., to carry out this 

Act for each of fiscal years 2007 through 2009. 

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

This section would require the DHS Secretary to establish within 

TSA a program for making grants to private operators of over-theroad buses (characterized by an elevated passenger deck located 

over a baggage compartment) or over-the-road bus terminals for 

system-wide security improvements to their operations. This section would require the Federal share of the cost for which any 

grant is made to be 80 percent. All grants made under this section 

would be subject to 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). No grant would 

be made under this section to a private bus operator until the operator has first submitted a plan for making security improvements 

to the DHS Secretary, along with any other information the DHS 

Secretary may require. 


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This section would require within 180 days of enactment of this 

Act the DHS Secretary to submit to Congress a preliminary report 

containing an assessment of actions already taken by public and 

private entities, whether additional legislation is necessary, the 

economic impact of security upgrades on the bus industry, ongoing 

research on bus security, and best practices to enhance bus security. 

This section would make available $50,000,000 of the funds appropriated under section 114(u)(2) of title 49, U.S.C., to carry out 

this Act for each of fiscal years 2007 through 2009. 

TITLE V—IMPROVED MARITIME SECURITY

Section 501. Establishment of additional interagency operational 

centers for port security. 

This section would direct the Commandant of the Coast Guard 

to develop additional Joint Operations Command Centers with the 

appropriate Federal, State and local jurisdictions stationed at each 

port area to co-locate assets and resources to improve interagency 

cooperation and the sharing of intelligence information in the maritime domain. There are currently four pilot centers in Miami, Florida; Norfolk, Virginia; Charleston, South Carolina; and San Diego, 

California. Specifically, the subsections would do the following: 

Subsection (a) of this section would require the Secretary of 

Homeland Security, through the Commandant of the Coast Guard, 

to establish interagency operational centers for port security at all 

high priority ports. 

Subsection (b) of this section would set forth characteristics to be 

met by the interagency operational centers including: being based 

on the most appropriate compositional and operational characteristics of existing pilot centers; being adapted to meet the security 

needs, requirements, and resources of the individual port area at 

which the center operates; include participants from CPB, TSA, the 

Department of Defense, State and local law enforcement of port security agencies and personnel, and other appropriate Federal agencies; and being incorporated into plans developed pursuant to provisions of MTSA. 

Subsection (c) of this section would maintain the requirement 

that the Commandant issue a report pursuant to the Coast Guard 

and Maritime Transportation Act of 2005 and utilize the information derived from it to carry out this section. 

Subsection (d) of this section would require the DHS Secretary 

to transmit a proposed budget analysis for establishing the interagency operational centers, including cost-sharing arrangements 

with other Federal departments and agencies involved in the operation of the centers. 

It is the Committee’s intent that creation of additional interagency operational centers will foster greater cooperation and communication among Federal, State and local stakeholders and thereby enhance security of port operations. 

Section 502. Area maritime transportation security plan to include 

salvage response plan. 

Pursuant to MTSA (P.L. 107–295),all port areas were required to 

conduct an Area Maritime Transportation Security Plan (AMTSP) 


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23 

to deter a transportation security incident in or near the area to 

the maximum extent possible. The plan is required to integrate facility and vessel vulnerability assessments to develop a unity of 

command in preparing, prevent, and responding to a transportation 

security incident. Additionally, the plans must identify critical assets in the region of special importance to national security and implement standards and procedures to protect such facilities. The 

plans are required to be updated every five years. 

Upon the next renewal of the AMTSP, the Coast Guard is required to identify salvage vessels and equipment in the region to 

ensure the flow of cargo through U.S. ports in re-established as efficiently and quickly as possible should a transportation security 

incident occur. 

This section would amend section 70103(b)(2) of title 46, U.S.C., 

to include the requirement that the Federal Maritime Security Coordinator incorporate a salvage response plan in its existing 

AMTSPs. 

Section 503. Priority to certain vessels in post-incident resumption 

of trade. 

To facilitate the flow of maritime commerce as expeditiously as 

possible without compromising national security, this provision 

would direct the Coast Guard to allow vessels with Coast Guard 

approved vessel security plans, manned by Merchant Mariners who 

have undergone background checks or have a Transportation Worker Identification Credential (TWIC), and whose cargo has been 

screened through the Automated Targeting System (ATS), to enter 

into U.S. ports. 

This section would amend section 70103(a)(2)(J) of title 46, 

U.S.C., to extend preference to certain vessels after a transportation security incident. Specifically, the plan would, to the extent 

practicable, grant preference to vessels that have a security plan 

approved under 70103(c); vessels manned by individuals with a license, certificate of registry, or merchant mariners document and 

who have undergone a background records check or who hold a 

transportation worker identification card; and vessels on which all 

the cargo has undergone screening and inspection at foreign ports 

as required by section 70116(b)(2) of title 49, U.S.C. 

Section 504. Assistance for foreign ports. 

Subsection (a) would strike the current title of section 70109, rename it ‘‘International cooperation and coordination,’’ and would 

add a new subsection (c) requiring the DHS Secretary, in consultation with the Secretaries of Transportation, State, and Energy, and 

the Commandant of the Coast Guard, to identify foreign assistance 

programs that could facilitate implementation of port security 

antiterrorism measures at ports in foreign countries. The new subsection would also require such programs focus on assistance to the 

Caribbean Basin. 

Subsection (b) would require the Comptroller General to submit 

a report on the security of ports in the Caribbean Basin specifically 

assessing the effectiveness of the measures currently in place to 

improve security at those ports and make recommendations for any 

additional measures to improve such security. In addition, the 

Comptroller General would be required to estimate the number of 


jcorcoran on PROD1PC62 with REPORTS
24 

ports in the Basin that will not be secured by January 1, 2007; estimate the financial impact in the United States of any action 

taken when foreign ports do not maintain effective antiterrorism 

measures as called for by section 70110 of title 49, U.S.C.; and assess what additional resources and program changes are necessary 

to maximize security at ports in the Basin. 

In an effort to improve international port security standards, the 

Committee placed emphasis in this section on the Caribbean Basin 

countries because they pose unique security and safety threats due 

to their strategic location between South America and the United 

States, the relative openness of their ports, and the significant 

numbers of transshipments of narcotics to the United States from 

that region. It is also the intent of the Committee to encourage ongoing efforts by DHS regarding programs such as the Container Security Initiative (CSI). 

Section 505. Improved data used for targeted cargo searches. 

Under 46 U.S.C. 70116 and (b)(1) and section 108 of MTSA, P.L. 

107–295, the Committee-led effort mandated the advanced notification of cargo entering the United States to the Customs Service 

prior to being loaded on a vessel bound for the United States for 

the screening and the evaluation of threats to our national security. Much of this information is based on manifest data being 

input electronically by the shipper to CBP for screening by ATS. 

Since the screening cargo shipment information means that in essence we are relying in the veracity of the entity shipping cargo, 

the manifest information is only as reliable as the entity inputting 

the information. While it may help identify anomalies based on historical shipping behavior and irregularities that could point to potential security breaches, someone with a degree of knowledge of 

shipping could avoid detection. CBP inspectors at ports visited by 

GAO ‘‘characterized the ship’s manifest as one of the least reliable 

or useful types of information for targeting purposes.’’ (11, GAO-04- 

325T) Additionally, various types of shipments lend themselves to 

a cloaking of the real parties of interest, either by virtue of the 

change of title after goods have arrived in the United States, or by 

virtue of using a cargo consolidator. 

Therefore, this section would require importers also to file more 

complete entry data to CBP allowing CBP to compare the two data 

sets for consistency and potential discrepancy thereby improving 

the targeting of high-risk cargo by the ATS system. Entry data is 

widely recognized and the best and most comprehensive cargo information available. 

This section would require the DHS Secretary to require importers shipping goods to the United States via cargo container to supply entry data not later than 24 hours in advance of loading a container under the advance notification requirements of section 

484(a)(2) of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). This section would apply to goods shipped after July 1, 2006. 

This section would authorize to be appropriated $30,700,000 in 

funding to carry out this section for fiscal year 2007, $33,200,000 

for fiscal year 2008, and $35,700,000 for fiscal year 2009. Such 

amounts would be in addition to any other amounts authorized to 

carry out that program. 


jcorcoran on PROD1PC62 with REPORTS
25 

The term ‘‘entry data’’ may also be read as ‘‘Advanced Trade 

Data.’’

Section 506. Technical requirements for non-intrusive inspection 

equipment. 

In a recent report (GAO-05-187SU), GAO found that DHS lacked 

minimum technical requirements for the non-intrusive inspection 

equipment used as part of CSI. Thereby, CBP has limited assurances that the equipment in use can successfully detect weapons of 

mass destruction. Concerns have been raised that the technology 

being used to screen high-risk cargo entering the United States is 

not sufficiently robust to carry out this critical mission. Therefore, 

this section requires CBP, in consultation with the National Institute of Science and Technology, to develop minimal technical requirements for the performance of non-intrusive inspection equipment. 

This section would require within two years of enactment of this 

Act the CBP Commissioner, in consultation with the National Institute of Science and Technology, to initiate a rulemaking to establish minimum technical requirements for the capabilities of non-intrusive inspection equipment that help ensure that all equipment 

used can detect risks and threats as determined appropriate by the 

DHS Secretary. 

The term ‘‘non-intrusive inspection equipment’’ may also be defined as a container security device (CSD), global positioning system (GPS), or other technological advancement that would be considered in this category. Such equipment would be used by ‘‘trusted 

shippers’’ who meet the applicable security criteria as defined by 

the DHS Secretary. 

Section 507. Random inspection of containers. 

This section would require within one year of the enactment of 

this Act the CBP Commissioner to 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 as required by law. 

Section 508. Cargo security. 

This section would amend chapter 701 of title 46, U.S.C., by inserting a new section 70121. The new section 70121 would require 

the DHS Secretary to promulgate standards and procedures for 

evaluating and screening cargo documents prior to loading cargo in 

a foreign port for shipment to the United States, and the inspection 

of high-risk cargo in a foreign port intended for shipment to the 

United States. This section also would require the CBP Commissioner to execute inspection and screening protocols with authorities in foreign ports to ensure that the standards and procedures 

required by this section are implemented in an effective manner. 

This section would authorize the DHS Secretary to extend this 

container security initiative by designating additional foreign seaports under certain circumstances, including after making a determination that the Secretary of State has completed negotiations 

with representatives of the foreign country to ensure compliance 

with the initiative. 


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26 

This section would authorize to be appropriated $142,000,000 in 

funding to carry out this section for fiscal year 2007, $144,000,000 

for fiscal year 2008, and $146,000,000 for fiscal year 2009. 

Section 509. Secure systems of international inter-modal transportation. 

This section would amend section 70116 of title 46, U.S.C., by 

bolstering existing law to ensure more robust protection of goods 

entering the United States. The DHS Secretary would be required 

to establish a program to evaluate and certify secure systems of 

international inter-modal transportation to ensure the security and 

integrity of shipments of goods entering the United States from the 

time such goods are initially packed into a cargo container for 

international shipment until they arrive at the ultimate U.S. destination. The Secretary would be required to facilitate the movement of such goods through the entire supply chain through an expedited security and clearance process. 

This section also would require the DHS Secretary to establish 

standards and procedures to verify that cargo containers are: free 

of unauthorized hazardous chemical, biological, or nuclear materials and securely sealed; screened and evaluated prior to loading 

at the foreign ports and monitored while in transit; contained with 

authorized seals and locks; and in compliance as validated by the 

United States Government. Lastly, the Commissioner of Custom 

and Border Protection would be granted authority to provide expedited clearance of cargo as a benefit of compliance. 

Section 510. Port security user fee study. 

This section would require the DHS Secretary to conduct a study 

of the feasibility of establishing a system of oceanborne and portrelated inter-modal transportation user fees imposed and collected 

as a revenue source to provide necessary funding for the maintenance and enhancement of port security. The DHS Secretary would 

be required within one year of the enactment of this Act to submit 

a report to Congress containing the Secretary’s findings and recommendations, including legislative proposals if necessary. The report to Congress also should include an assessment of the annual 

amount of custom fees and duties collected and percentage dedicated to security. 

Section 511. Deadline for transportation security cards. 

This section would require that the DHS Secretary issue a final 

rule under 70105 of title 46, U.S.C., no later than January 1, 2007. 

Section 512. Port security grants. 

This section would amend section 70107(a) of title 46, U.S.C., by 

ensuring that port security grants are allocated based on an analysis by the DHS Secretary of risk and vulnerability, and the purposes for which grants may be used. This section also would amend 

section 70107(e) by authorizing the DHS Secretary to execute a letter of intent to commit funding to port sponsors from the grant 

fund. 


jcorcoran on PROD1PC62 with REPORTS
27 

Section 513. Customs-Trade Partnership Against Terrorism (CTPAT) Security Validation Program. 

This section would further amend chapter 701 of title 46, U.S.C., 

as amended by section 508 of this Act, by creating a new section 

70122. This new section would require the CBP Commissioner to: 

strengthen the process to validate the security programs of C-TPAT 

members; within six months after the enactment of this Act complete human capital plans describing how the program will recruit, 

train, and retain sufficient staff to carry out the program successfully; and implement a records management system that documents key decisions and significant operational events accurately 

and in a timely manner. 

This section would authorize to be appropriated $60,000,000 in 

funding to carry out this Act for fiscal year 2007, $65,000,000 for 

fiscal year 2008, and $72,000,000 for fiscal year 2009. 

Section 514. Work stoppages and employee-employer disputes. 

This section would amend section 70101(6) of title 46, U.S.C., by 

making clear that the definition of ‘‘economic disruption’’ does not 

include a work stoppage or other non-violent employee-related action resulting from an employee-employer dispute. 

Section 515. Appeal of denial of waiver for transportation security 

card. 

This section would amend section 70105(c)(3) of title 46, U.S.C., 

to afford those individuals denied a waiver by the DHS Secretary 

to receive a transportation security card the ability to appeal the 

decision. 

Section 516. Inspection of car ferries entering from Canada. 

This section would require the DHS Secretary, within 120 days 

of enactment of this act, to develop a plan for the inspection of passengers and vehicles prior to any boarding of a ferry bound for a 

U.S. port. The DHS Secretary would coordinate this planning with 

the Secretary of State and with relevant Canadian counterparts. 


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(28) 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

HOMELAND SECURITY ACT OF 2002 

TITLE III—SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND

SECURITY

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. 


jcorcoran on PROD1PC62 with REPORTS
29 

(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). 

TITLE 46, UNITED STATES CODE 

CHAPTER 701. PORT SECURITY

§ 70101. Definitions 

For the purpose of this chapter: 


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30 

(1) The term ‘‘Area Maritime Transportation Security Plan’’ means an Area Maritime Transportation Security Plan prepared under section 70103(b). 

(2) The term ‘‘facility’’ means any structure or facility of any 

kind located in, on, under, or adjacent to any waters subject to 

the jurisdiction of the United States. 

(3) The term ‘‘National Maritime Transportation Security 

Plan’’ means the National Maritime Transportation Security 

Plan prepared and published under section 70103(a). 

(4) The term ‘‘owner or operator’’ means— (A) in the case of a vessel, any person owning, operating, 

or chartering by demise, such vessel; and 

(B) in the case of a facility, any person owning, leasing, 

or operating such facility. 

(5) The term ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is operating. 

(6) The term ‘‘transportation security incident’’ means a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic 

disruption in a particular area. In this paragraph, the term ‘economic disruption’ does not include a work stoppage or other 

nonviolent employee-related action resulting from an employeeemployer dispute. 

§ 70103. Maritime transportation security plans 

(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN.— (1) Not later than April 1, 2005, the Secretary shall prepare 

a National Maritime Transportation Security Plan for deterring and responding to a transportation security incident. 

(2) The National Maritime Transportation Security Plan 

shall provide for efficient, coordinated, and effective action to 

deter and minimize damage from a transportation security incident, and shall include the following: 

(A) Assignment of duties and responsibilities among 

Federal departments and agencies and coordination with 

State and local governmental agencies. 

(B) Identification of security resources. 

(C) Procedures and techniques to be employed in deterring a national transportation security incident. 

(D) Establishment of procedures for the coordination of 

activities of—

(i) Coast Guard maritime security teams established 

under this chapter; and 

(ii) Federal Maritime Security Coordinators required 

under this chapter. 

(E) A system of surveillance and notice designed to safeguard against as well as ensure earliest possible notice of 

a transportation security incident and imminent threats of 

such a security incident to the appropriate State and Federal agencies. 

(F) Establishment of criteria and procedures to ensure 

immediate and effective Federal identification of a transportation security incident, or the substantial threat of 

such a security incident. 


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31 

(G) Designation of— (i) areas for which Area Maritime Transportation 

Security Plans are required to be prepared under subsection (b); and 

(ii) a Coast Guard official who shall be the Federal 

Maritime Security Coordinator for each such area. 

(H) A risk-based system for evaluating the potential for 

violations of security zones designated by the Secretary on 

the waters subject to the jurisdiction of the United States. 

(I) A recognition of certified systems of intermodal transportation. 

(J) A plan for ensuring that the flow of cargo through 

United States ports is reestablished as efficiently and 

quickly as possible after a transportation security incident. 

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. 

(3) The Secretary shall, as the Secretary considers advisable, 

revise or otherwise amend the National Maritime Transportation Security Plan. 

(4) Actions by Federal agencies to deter and minimize damage from a transportation security incident shall, to the greatest extent possible, be in accordance with the National Maritime Transportation Security Plan. 

(5) The Secretary shall inform vessel and facility owners or 

operators of the provisions in the National Transportation Security Plan that the Secretary considers necessary for security 

purposes. 

(b) AREA MARITIME TRANSPORTATION SECURITY PLANS.— (1) The Federal Maritime Security Coordinator designated 

under subsection (a)(2)(G) for an area shall— (A) submit to the Secretary an Area Maritime Transportation Security Plan for the area; and 

(B) solicit advice from the Area Security Advisory Committee required under this chapter, for the area to assure 

preplanning of joint deterrence efforts, including appropriate procedures for deterrence of a transportation security incident. 

(2) The Area Maritime Transportation Security Plan for an 

area shall—

(A) when implemented in conjunction with the National 

Maritime Transportation Security Plan, be adequate to 

deter a transportation security incident in or near the area 

to the maximum extent practicable; 


jcorcoran on PROD1PC62 with REPORTS
32 

(B) describe the area and infrastructure covered by the 

plan, including the areas of population or special economic, 

environmental, or national security importance that might 

be damaged by a transportation security incident; 

(C) describe in detail how the plan is integrated with 

other Area Maritime Transportation Security Plans, and 

with facility security plans and vessel security plans under 

this section; 

(D) include consultation and coordination with the Department of Defense on matters relating to Department of 

Defense facilities and vessels; 

(E) include any other information the Secretary requires; 

øand¿ 

(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; and 

ø(F)¿ (G) be updated at least every 5 years by the Federal Maritime Security Coordinator. 

(3) The Secretary shall—

(A) review and approve Area Maritime Transportation 

Security Plans under this subsection; and 

(B) periodically review previously approved Area Maritime Transportation Security Plans. 

(4) In security zones designated by the Secretary in each 

Area Maritime Transportation Security Plan, the Secretary 

shall consider—

(A) the use of public/private partnerships to enforce security within the security zones, shoreside protection alternatives, and the environmental, public safety, and relative 

effectiveness of such alternatives; and 

(B) technological means of enhancing the security zones 

of port, territorial waters, and waterways of the United 

States. 

(c) VESSEL AND FACILITY SECURITY PLANS.—

(1) Within 6 months after the prescription of interim final 

regulations on vessel and facility security plans, an owner or 

operator of a vessel or facility described in paragraph (2) shall 

prepare and submit to the Secretary a security plan for the 

vessel or facility, for deterring a transportation security incident to the maximum extent practicable. 

(2) The vessels and facilities referred to in paragraph (1)—

(A) except as provided in subparagraph (B), are vessels 

and facilities that the Secretary believes may be involved 

in a transportation security incident; and 

(B) do not include any vessel or facility owned or operated by the Department of Defense. 

(3) A security plan required under this subsection shall—

(A) be consistent with the requirements of the National 

Maritime Transportation Security Plan and Area Maritime 

Transportation Security Plans; 


jcorcoran on PROD1PC62 with REPORTS
33 

(B) identify the qualified individual having full authority 

to implement security actions, and require immediate communications between that individual and the appropriate 

Federal official and the persons providing personnel and 

equipment pursuant to subparagraph (C); 

(C) include provisions for— (i) establishing and maintaining physical security, 

passenger and cargo security, and personnel security; 

(ii) establishing and controlling access to secure 

areas of the vessel or facility; 

(iii) procedural security policies; 

(iv) communications systems; and 

(v) other security systems; 

(D) identify, and ensure by contract or other means approved by the Secretary, the availability of security measures necessary to deter to the maximum extent practicable 

a transportation security incident or a substantial threat 

of such a security incident; 

(E) describe the training, periodic unannounced drills, 

and security actions of persons on the vessel or at the facility, to be carried out under the plan to deter to the maximum extent practicable a transportation security incident, 

or a substantial threat of such a security incident; 

(F) be updated at least every 5 years; and 

(G) be resubmitted for approval of each change to the 

vessel or facility that may substantially affect the security 

of the vessel or facility. 

(4) The Secretary shall— (A) promptly review each such plan; 

(B) require amendments to any plan that does not meet 

the requirements of this subsection; 

(C) approve any plan that meets the requirements of 

this subsection; and 

(D) review each plan periodically thereafter. 

(5) A vessel or facility for which a plan is required to be submitted under this subsection may not operate after the end of 

the 12-month period beginning on the date of the prescription 

of interim final regulations on vessel and facility security 

plans, unless—

(A) the plan has been approved by the Secretary; and 

(B) the vessel or facility is operating in compliance with 

the plan. 

(6) Notwithstanding paragraph (5), the Secretary may authorize a vessel or facility to operate without a security plan 

approved under this subsection, until not later than 1 year 

after the date of the submission to the Secretary of a plan for 

the vessel or facility, if the owner or operator of the vessel or 

facility certifies that the owner or operator has ensured by contract or other means approved by the Secretary to deter to the 

maximum extent practicable a transportation security incident 

or a substantial threat of such a security incident. 

(7) The Secretary shall require each owner or operator of a 

vessel or facility located within or adjacent to waters subject 

to the jurisdiction of the United States to implement any necVerDate Aug 31 2005 02:26 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00035 Fmt 6604 Sfmt 6601 E:\HR\OC\SR216.XXX SR216

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34 

essary interim security measures, including cargo security programs, to deter to the maximum extent practicable a transportation security incident until the security plan for that vessel 

or facility operator is approved. 

(d) NONDISCLOSURE OF INFORMATION.—Notwithstanding any 

other provision of law, information developed under this chapter is 

not required to be disclosed to the public, including—

(1) facility security plans, vessel security plans, and port vulnerability assessments; and 

(2) other information related to security plans, procedures, or 

programs for vessels or facilities authorized under this chapter. 

§ 70105. Transportation security cards 

(a) PROHIBITION.—

(1) The Secretary shall prescribe regulations to prevent an 

individual from entering an area of a vessel or facility that is 

designated as a secure area by the Secretary for purposes of 

a security plan for the vessel or facility that is approved by the 

Secretary under section 70103 of this title unless the individual—

(A) holds a transportation security card issued under 

this section and is authorized to be in the area in accordance with the plan; or 

(B) is accompanied by another individual who holds a 

transportation security card issued under this section and 

is authorized to be in the area in accordance with the plan. 

(2) A person shall not admit an individual into such a secure 

area unless the entry of the individual into the area is in compliance with paragraph (1). 

(b) ISSUANCE OF CARDS.—

(1) The Secretary shall issue a biometric transportation security card to an individual specified in paragraph (2), unless the 

Secretary decides that the individual poses a security risk 

under subsection (c) warranting denial of the card. 

(2) This subsection applies to—

(A) an individual allowed unescorted access to a secure 

area designated in a vessel or facility security plan approved under section 70103 of this title; 

(B) an individual issued a license, certificate of registry, 

or merchant mariners document under part E of subtitle 

II of this title; 

(C) a vessel pilot; 

(D) an individual engaged on a towing vessel that 

pushes, pulls, or hauls alongside a tank vessel; 

(E) an individual with access to security sensitive information as determined by the Secretary; and 

(F) other individuals engaged in port security activities 

as determined by the Secretary. 

(c) DETERMINATION OF TERRORISM SECURITY RISK.—

(1) An individual may not be denied a transportation security card under subsection (b) unless the Secretary determines 

that individual—


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35 

(A) has been convicted within the preceding 7-year period of a felony or found not guilty by reason of insanity 

of a felony— (i) that the Secretary believes could cause the individual to be a terrorism security risk to the United 

States; or 

(ii) for causing a severe transportation security incident; 

(B) has been released from incarceration within the preceding 5-year period for committing a felony described in 

subparagraph (A); 

(C) may be denied admission to the United States or removed from the United States under the Immigration and 

Nationality Act (8 U.S.C. 1101 et seq.); or 

(D) otherwise poses a terrorism security risk to the 

United States. 

(2) The Secretary shall prescribe regulations that establish a 

waiver process for issuing a transportation security card to an 

individual found to be otherwise ineligible for such a card 

under paragraph (1). In deciding to issue a card to such an individual, the Secretary shall— (A) give consideration to the circumstances of any disqualifying act or offense, restitution made by the individual, Federal and State mitigation remedies, and other 

factors from which it may be concluded that the individual 

does not pose a terrorism risk warranting denial of the 

card; and 

(B) issue a waiver to an individual without regard to 

whether that individual would otherwise be disqualified if 

the individual’s employer establishes alternate security arrangements acceptable to the Secretary. 

(3) The Secretary shall establish an appeals process under 

this section for individuals found to be ineligible for a transportation security card or a waiver under paragraph (2) that includes notice and an opportunity for a hearing. 

(4) Upon application, the Secretary may issue a transportation security card to an individual if the Secretary has previously determined, under section 5103a of title 49, that the individual does not pose a security risk. 

(d) BACKGROUND RECORDS CHECK.—

(1) On request of the Secretary, the Attorney General shall—

(A) conduct a background records check regarding the 

individual; and 

(B) upon completing the background records check, notify the Secretary of the completion and results of the 

background records check. 

(2) A background records check regarding an individual 

under this subsection shall consist of the following: 

(A) A check of the relevant criminal history databases. 

(B) In the case of an alien, a check of the relevant databases to determine the status of the alien under the immigration laws of the United States. 

(C) As appropriate, a check of the relevant international 

databases or other appropriate means. 


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36 

(D) Review of any other national security-related information or database identified by the Attorney General for 

purposes of such a background records check. 

(e) RESTRICTIONS ON USE AND MAINTENANCE OF INFORMATION.—

(1) Information obtained by the Attorney General or the Secretary under this section may not be made available to the 

public, including the individual’s employer. 

(2) Any information constituting grounds for denial of a 

transportation security card under this section shall be maintained confidentially by the Secretary and may be used only for 

making determinations under this section. The Secretary may 

share any such information with other Federal law enforcement agencies. An individual’s employer may only be informed 

of whether or not the individual has been issued the card 

under this section. 

(f) DEFINITION.—In this section, the term ‘‘alien’’ has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)). 

§ 70107. Grants 

(a) IN GENERAL.—The Secretary shall establish a grant program 

øfor making a fair and equitable allocation of funds¿ based on risk 

and vulnerability to implement Area Maritime Transportation Security Plans and facility security plans among port authorities, facility operators, and State and local government agencies required 

to provide port security services. Before awarding a grant under 

the program, the Secretary shall provide for review and comment 

by the appropriate Federal Maritime Security Coordinators and the 

Maritime Administrator. In administering the grant program, the 

Secretary shall take into account national economic and strategic 

defense concerns. 

(b) ELIGIBLE COSTS.—The following costs of funding the correction of Coast Guard identified vulnerabilities in port security and 

ensuring compliance with Area Maritime Transportation Security 

Plans and facility security plans are eligible to be funded: 

ø(1) Salary, benefits, overtime compensation, retirement contributions, and other costs of additional Coast Guard mandated 

security personnel.¿ 

ø(2)¿ (1) The cost of acquisition, operation, and maintenance 

of security equipment or facilities to be used for security monitoring and recording, security gates and fencing, marine barriers for designated security zones, security-related lighting 

systems, remote surveillance, concealed video systems, security 

vessels, and other security-related infrastructure or equipment 

that contributes to the overall security of passengers, cargo, or 

crewmembers. 

ø(3)¿ (2) The cost of screening equipment, including equipment that detects weapons of mass destruction and conventional 

explosives, and of testing and evaluating such equipment, to 

certify secure systems of transportation. 

ø(4)¿ (3) The cost of conducting vulnerability assessments to 

evaluate and make recommendations with respect to security. 

(c) MATCHING REQUIREMENTS.—


jcorcoran on PROD1PC62 with REPORTS
37 

(1) 75-PERCENT FEDERAL FUNDING.—Except as provided in 

paragraph (2), Federal funds for any eligible project under this 

section shall not exceed 75 percent of the total cost of such 

project. 

(2) EXCEPTIONS.—

(A) SMALL PROJECTS.—There are no matching requirements for grants under subsection (a) for projects costing 

not more than $25,000. 

(B) HIGHER LEVEL OF SUPPORT REQUIRED.—If the Secretary determines that a proposed project merits support 

and cannot be undertaken without a higher rate of Federal 

support, then the Secretary may approve grants under this 

section with a matching requirement other than that specified in paragraph (1). 

(d) COORDINATION AND COOPERATION AGREEMENTS.—The Secretary shall ensure that projects paid for, or the costs of which are 

reimbursed, under this section within any area or port are coordinated with other projects, and may require cooperative agreements 

among users of the port and port facilities with respect to projects 

funded under this section. 

(e) ADMINISTRATION.—

(1) IN GENERAL.—The program shall require eligible port authorities, facility operators, and State and local agencies required to provide security services, to submit an application, at 

such time, in such form, and containing such information and 

assurances as the Secretary may require, and shall include appropriate application, review, and delivery mechanisms. 

(2) MINIMUM STANDARDS FOR PAYMENT OR REIMBURSEMENT.—Each application for payment or reimbursement of eligible costs shall include, at a minimum, the following: 

(A) A copy of the applicable Area Maritime Transportation Security Plan or facility security plan. 

(B) A comprehensive description of the need for the 

project, and a statement of the project’s relationship to the 

applicable Area Maritime Transportation Security Plan or 

facility security plan. 

(C) A determination by the Captain of the Port that the 

security project addresses or corrects Coast Guard identified vulnerabilities in security and ensures compliance 

with Area Maritime Transportation Security Plans and facility security plans. 

(3) PROCEDURAL SAFEGUARDS.—The Secretary shall by regulation establish appropriate accounting, reporting, and review 

procedures to ensure that amounts paid or reimbursed under 

this section are used for the purposes for which they were 

made available, all expenditures are properly accounted for, 

and amounts not used for such purposes and amounts not obligated or expended are recovered. 

(4) PROJECT APPROVAL REQUIRED.—The Secretary may approve an application for the payment or reimbursement of 

costs under this section only if the Secretary is satisfied that—

(A) the project is consistent with Coast Guard vulnerability assessments and ensures compliance with Area 


jcorcoran on PROD1PC62 with REPORTS
38 

Maritime Transportation Security Plans and facility security plans; 

(B) enough money is available to pay the project costs 

that will not be reimbursed by the United States Government under this section; 

(C) the project will be completed without unreasonable 

delay; and 

(D) the recipient has authority to carry out the project 

as proposed. 

(5) LETTERS OF INTENT.—The Secretary may execute letters of 

intent to commit funding to port sponsors from the Fund. 

(f) AUDITS AND EXAMINATIONS.—A recipient of amounts made 

available under this section shall keep such records as the Secretary may require, and make them available for review and audit 

by the Secretary, the Comptroller General of the United States, or 

the Inspector General of the department in which the Coast Guard 

is operating. 

(g) REPORTS ON SECURITY FUNDING AND COMPLIANCE.—

(1) INITIAL REPORT.—Within 6 months after the date of enactment of this Act, the Secretary shall transmit an unclassified report to the Senate Committee on Commerce, Science, 

and Transportation and the House of Representatives Committee on Transportation and Infrastructure, that—

(A) includes a funding proposal and rationale to fund the 

correction of Coast Guard identified vulnerabilities in port 

security and to help ensure compliance with Area Maritime Transportation Security Plans and facility security 

plans for fiscal years 2003 through 2008; and 

(B) includes projected funding proposals for fiscal years 

2003 through 2008 for the following security programs: 

(i) The Sea Marshall program. 

(ii) The Automated Identification System and a system of polling vessels on entry into United States waters. 

(iii) The maritime intelligence requirements in this 

Act. 

(iv) The issuance of transportation security cards required by section 70105. 

(v) The program of certifying secure systems of 

transportation. 

(2) OTHER EXPENDITURES.—The Secretary shall, as part of 

the report required by paragraph (1) report, in coordination 

with the Commissioner of Customs, on projected expenditures 

of screening and detection equipment and on cargo security 

programs over fiscal years 2003 through 2008. 

(3) ANNUAL REPORTS.—Annually, beginning 1 year after 

transmittal of the report required by paragraph (1) until October 1, 2009, the Secretary shall transmit an unclassified annual report to the Senate Committee on Commerce, Science, 

and Transportation and the House of Representatives Committee on Transportation and Infrastructure, on progress in 

achieving compliance with the correction of Coast Guard identified vulnerabilities in port security and compliance with Area 


jcorcoran on PROD1PC62 with REPORTS
39 

Maritime Transportation Security Plans and facility security 

plans that— (A) identifies any modifications necessary in funding to 

ensure the correction of Coast Guard identified 

vulnerabilities and ensure compliance with Area Maritime 

Transportation Security Plans and facility security plans; 

(B) includes an assessment of progress in implementing 

the grant program established by subsection (a); 

(C) includes any recommendations the Secretary may 

make to improve these programs; and 

(D) with respect to a port selected by the Secretary, describes progress and enhancements of applicable Area 

Maritime Transportation Security Plans and facility security plans and how the Maritime Transportation Security 

Act of 2002 has improved security at that port. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary for each of fiscal years 2003 

through 2008 such sums as are necessary to carry out subsections 

(a) through (g). 

(i) INVESTIGATIONS.—

(1) IN GENERAL.—The Secretary shall conduct investigations, 

fund pilot programs, and award grants, to examine or develop—

(A) methods or programs to increase the ability to target 

for inspection vessels, cargo, crewmembers, or passengers 

that will arrive or have arrived at any port or place in the 

United States; 

(B) equipment to detect accurately explosives, chemical, 

or biological agents that could be used in a transportation 

security incident against the United States; 

(C) equipment to detect accurately nuclear or radiological materials, including scintillation-based detection 

equipment capable of signalling the presence of nuclear or 

radiological materials; 

(D) improved tags and seals designed for use on shipping 

containers to track the transportation of the merchandise 

in such containers, including sensors that are able to track 

a container throughout its entire supply chain, detect hazardous and radioactive materials within that container, 

and transmit that information to the appropriate law enforcement authorities; 

(E) tools, including the use of satellite tracking systems, 

to increase the awareness of maritime areas and to identify potential transportation security incidents that could 

have an impact on facilities, vessels, and infrastructure on 

or adjacent to navigable waterways, including underwater 

access; 

(F) tools to mitigate the consequences of a transportation 

security incident on, adjacent to, or under navigable waters of the United States, including sensor equipment, and 

other tools to help coordinate effective response to a transportation security incident; 

(G) applications to apply existing technologies from other 

areas or industries to increase overall port security; 


jcorcoran on PROD1PC62 with REPORTS
40 

(H) improved container design, including blast-resistant 

containers; and 

(I) methods to improve security and sustainability of 

port facilities in the event of a maritime transportation security incident, including specialized inspection facilities. 

(2) IMPLEMENTATION OF TECHNOLOGY.—

(A) IN GENERAL.—In conjunction with ongoing efforts to 

improve security at United States ports, the Secretary may 

conduct pilot projects at United States ports to test the effectiveness and applicability of new port security projects, 

including—

(i) testing of new detection and screening technologies; 

(ii) projects to protect United States ports and infrastructure on or adjacent to the navigable waters of the 

United States, including underwater access; and 

(iii) tools for responding to a transportation security 

incident at United States ports and infrastructure on 

or adjacent to the navigable waters of the United 

States, including underwater access. 

(B) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to the Secretary not less than 

$35,000,000 for each of fiscal years 2005 through 2009 to 

carry out this subsection. 

(3) NATIONAL PORT SECURITY CENTERS.—

(A) IN GENERAL.—The Secretary may make grants or 

enter into cooperative agreements with eligible nonprofit 

institutions of higher learning to conduct investigations in 

collaboration with ports and the maritime transportation 

industry focused on enhancing security of the Nation’s 

ports in accordance with this subsection through National 

Port Security Centers. 

(B) APPLICATIONS.—To be eligible to receive a grant 

under this paragraph, a nonprofit institution of higher 

learning, or a consortium of such institutions, shall submit 

an application to the Secretary in such form and containing such information as the Secretary may require. 

(C) COMPETITIVE SELECTION PROCESS.—The Secretary 

shall select grant recipients under this paragraph through 

a competitive process on the basis of the following criteria: 

(i) Whether the applicant can demonstrate that personnel, laboratory, and organizational resources will 

be available to the applicant to carry out the investigations authorized in this paragraph. 

(ii) The applicant’s capability to provide leadership 

in making national and regional contributions to the 

solution of immediate and long-range port and maritime transportation security and risk mitigation problems. 

(iii) Whether the applicant can demonstrate that is 

has an established, nationally recognized program in 

disciplines that contribute directly to maritime transportation safety and education. 


jcorcoran on PROD1PC62 with REPORTS
41 

(iv) Whether the applicant’s investigations will involve major United States ports on the East Coast, the 

Gulf Coast, and the West Coast, and Federal agencies 

and other entities with expertise in port and maritime 

transportation. 

(v) Whether the applicant has a strategic plan for 

carrying out the proposed investigations under the 

grant. 

(4) ADMINISTRATIVE PROVISIONS.—

(A) NO DUPLICATION OF EFFORT.—Before making any 

grant, the Secretary shall coordinate with other Federal 

agencies to ensure the grant will not duplicate work already being conducted with Federal funding. 

(B) ACCOUNTING.—The Secretary shall by regulation establish accounting, reporting, and review procedures to ensure that funds made available under paragraph (1) are 

used for the purpose for which they were made available, 

that all expenditures are properly accounted for, and that 

amounts not used for such purposes and amounts not expended are recovered. 

(C) RECORDKEEPING.—Recipients of grants shall keep all 

records related to expenditures and obligations of funds 

provided under paragraph (1) and make them available 

upon request to the Inspector General of the department 

in which the Coast Guard is operating and the Secretary 

for audit and examination. 

(5) ANNUAL REVIEW AND REPORT.—The Inspector General of 

the department in which the Coast Guard is operating shall 

annually review the programs established under this subsection to ensure that the expenditures and obligations of 

funds are consistent with the purposes for which they are provided, and report the findings to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Transportation and Infrastructure of the House of Representatives. 

ø§ 70109. Notifying foreign authorities¿ 

§ 70109. International cooperation and coordination 

(a) IN GENERAL.—If the Secretary, after conducting an assessment under section 70108, finds that a port in a foreign country 

does not maintain effective antiterrorism measures, the Secretary 

shall notify the appropriate authorities of the government of the 

foreign country of the finding and recommend the steps necessary 

to improve the antiterrorism measures in use at the port. 

(b) TRAINING PROGRAM.—The Secretary, in cooperation with the 

Secretary of State, shall operate a port security training program 

for ports in foreign countries that are found under section 70108 

to lack effective antiterrorism measures. 

(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 faVerDate Aug 31 2005 02:26 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00043 Fmt 6604 Sfmt 6603 E:\HR\OC\SR216.XXX SR216

jcorcoran on PROD1PC62 with REPORTS
42 

cilitate 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. 

§ 70116. Secure systems of transportation 

(a) IN GENERAL.—The Secretary, in consultation with the Transportation Security Oversight Board, shall establish a program to 

evaluate and certify secure systems of international intermodal 

øtransportation.¿ 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. 

ø(b) ELEMENTS OF PROGRAM.—The program shall include— ø(1) establishing 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; 


jcorcoran on PROD1PC62 with REPORTS
43 

ø(2) establishing standards and procedures for securing 

cargo and monitoring that security while in transit; 

ø(3) developing performance standards to enhance the physical security of shipping containers, including standards for 

seals and locks; 

ø(4) establishing standards and procedures for allowing the 

United States Government to ensure and validate compliance 

with this program; and 

ø(5) any other measures the Secretary considers necessary to 

ensure the security and integrity of international intermodal 

transport movements.¿ 

(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. 

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

(a) CIVIL PENALTIES.—Any vessel operated in violation of this 

chapter or any regulations prescribed under this chapter shall be 

liable in rem for any civil penalty assessed pursuant to øsection 

70120¿ section 70123 for such violation, and may be proceeded 

against for such liability in the United States district court for any 

district in which the vessel may be found. 

(b) REIMBURSABLE COSTS OF SERVICE PROVIDERS.—A vessel shall 

be liable in rem for the reimbursable costs incurred by any service 

provider related to implementation and enforcement of this chapter 

and arising from a violation by the operator of the vessel of this 

chapter or any regulations prescribed under this chapter, and may 


jcorcoran on PROD1PC62 with REPORTS
44 

be proceeded against for such liability in the United States district 

court for any district in which such vessel may be found. 

(c) DEFINITIONS.—In this subsection— (1) the term ‘‘reimbursable costs’’ means costs incurred by 

any service provider acting in conformity with a lawful order 

of the Federal government or in conformity with the instructions of the vessel operator; and 

(2) the term ‘‘service provider’’ means any port authority, facility or terminal operator, shipping agent, Federal, State, or 

local government agency, or other person to whom the management of the vessel at the port of supply is entrusted, for— (A) services rendered to or in relation to vessel crew on 

board the vessel, or in transit to or from the vessel, including accommodation, detention, transportation, and medical 

expenses; and 

(B) required handling of cargo or other items on board 

the vessel. 

ø§ 70118. Withholding of clearance¿ 

§ 70119. Withholding of clearance 

(a) REFUSAL OR REVOCATION OF CLEARANCE.—If any owner, 

agent, master, officer, or person in charge of a vessel is liable for 

a penalty øunder section 70119,¿ under section 70123, or if reasonable cause exists to believe that the owner, agent, master, officer, 

or person in charge may be subject to a penalty øunder section 

70120,¿ under that section, the Secretary may, with respect to such 

vessel, refuse or revoke any clearance required by section 4197 of 

the Revised Statutes of the United States (46 U.S.C. App. 91). 

(b) CLEARANCE UPON FILING OF BOND OR OTHER SURETY.—The 

Secretary may require the filing of a bond or other surety as a condition of granting clearance refused or revoked under this subsection. ø 

§ 70119. Enforcement by State and local officers¿ 

§ 70120. Enforcement by State and local officers 

(a) IN GENERAL.—Any State or local government law enforcement 

officer who has authority to enforce State criminal laws may make 

an arrest for violation of a security zone regulation prescribed 

under section 1 of title II of the Act of June 15, 1917 (chapter 30; 

50 U.S.C. 191) or security or safety zone regulation under section 

7(b) of the Ports and Waterways Safety Act (33 U.S.C. 1226(b)) or 

a safety zone regulation prescribed under section 10(d) of the Deepwater Port Act of 1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized by law to prescribe such regulations, if—

(1) such violation is a felony; and 

(2) the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such violation. 

(b) OTHER POWERS NOT AFFECTED.—The provisions of this section are in addition to any power conferred by law to such officers. 

This section shall not be construed as a limitation of any power 

conferred by law to such officers, or any other officer of the United 

States or any State. This section does not grant to such officers any 


jcorcoran on PROD1PC62 with REPORTS
45 

powers not authorized by the law of the State in which those officers are employed. 

§ 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. 

§ 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 


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46 

(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. 

ø§ 70119. Civil penalty¿ 

§ 70123. Civil penalty 

Any person that violates this chapter or any regulation under 

this chapter shall be liable to the United States for a civil penalty 

of not more than $25,000 for each violation. 

TITLE 49, UNITED STATES CODE 

SUBTITLE I—DEPARTMENT OF 

TRANSPORTATION 

CHAPTER 1. ORGANIZATION

§ 114. Transportation Security Administration 

(a) IN GENERAL.—The Transportation Security Administration 

shall be an administration of the Department of Transportation. 

(b) UNDER SECRETARY.—

(1) APPOINTMENT.—The head of the Administration shall be 

the Under Secretary of Transportation for Security. The Under 

Secretary shall be appointed by the President, by and with the 

advice and consent of the Senate. 

(2) QUALIFICATIONS.—The Under Secretary must—

(A) be a citizen of the United States; and 

(B) have experience in a field directly related to transportation or security. 

(3) TERM.—The term of office of an individual appointed as 

the Under Secretary shall be 5 years. 

(c) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The 

Under Secretary may not own stock in or bonds of a transportation 

or security enterprise or an enterprise that makes equipment that 

could be used for security purposes. 

(d) FUNCTIONS.—The Under Secretary shall be responsible for security in all modes of transportation, including— (1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and 

(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation. 


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(e) SCREENING OPERATIONS.—The Under Secretary shall— (1) be responsible for day-to-day Federal security screening 

operations for passenger air transportation and intrastate air 

transportation under sections 44901 and 44935; 

(2) develop standards for the hiring and retention of security 

screening personnel; 

(3) train and test security screening personnel; and 

(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States 

where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of 

other appropriate Federal agencies and departments. 

(f) ADDITIONAL DUTIES AND POWERS.—In addition to carrying out 

the functions specified in subsections (d) and (e), the Under Secretary shall—

(1) receive, assess, and distribute intelligence information related to transportation security; 

(2) assess threats to transportation; 

(3) develop policies, strategies, and plans for dealing with 

threats to transportation security; 

(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States 

Government; 

(5) serve as the primary liaison for transportation security to 

the intelligence and law enforcement communities; 

(6) on a day-to-day basis, manage and provide operational 

guidance to the field security resources of the Administration, 

including Federal Security Managers as provided by section 

44933; 

(7) enforce security-related regulations and requirements; 

(8) identify and undertake research and development activities necessary to enhance transportation security; 

(9) inspect, maintain, and test security facilities, equipment, 

and systems; 

(10) ensure the adequacy of security measures for the transportation of cargo; 

(11) oversee the implementation, and ensure the adequacy, 

of security measures at airports and other transportation facilities; 

(12) require background checks for airport security screening 

personnel, individuals with access to secure areas of airports, 

and other transportation security personnel; 

(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations; 

(14) work with the International Civil Aviation Organization 

and appropriate aeronautic authorities of foreign governments 

under section 44907 to address security concerns on passenger 

flights by foreign air carriers in foreign air transportation; and 

(15) carry out such other duties, and exercise such other 

powers, relating to transportation security as the Under Secretary considers appropriate, to the extent authorized by law. 

(g) NATIONAL EMERGENCY RESPONSIBILITIES.—


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48 

(1) IN GENERAL.—Subject to the direction and control of the 

Secretary, the Under Secretary, during a national emergency, 

shall have the following responsibilities: 

(A) To coordinate domestic transportation, including 

aviation, rail, and other surface transportation, and maritime transportation (including port security). 

(B) To coordinate and oversee the transportation-related 

responsibilities of other departments and agencies of the 

Federal Government other than the Department of Defense and the military departments. 

(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation. 

(D) To carry out such other duties, and exercise such 

other powers, relating to transportation during a national 

emergency as the Secretary shall prescribe. 

(2) AUTHORITY OF OTHER DEPARTMENTS AND AGENCIES.—The 

authority of the Under Secretary under this subsection shall 

not supersede the authority of any other department or agency 

of the Federal Government under law with respect to transportation or transportation-related matters, whether or not during 

a national emergency. 

(3) CIRCUMSTANCES.—The Secretary shall prescribe the circumstances constituting a national emergency for purposes of 

this subsection. 

(h) MANAGEMENT OF SECURITY INFORMATION.—In consultation 

with the Transportation Security Oversight Board, the Under Secretary shall—

(1) enter into memoranda of understanding with Federal 

agencies or other entities to share or otherwise cross-check as 

necessary data on individuals identified on Federal agency 

databases who may pose a risk to transportation or national 

security; 

(2) establish procedures for notifying the Administrator of 

the Federal Aviation Administration, appropriate State and 

local law enforcement officials, and airport or airline security 

officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat 

to airline or passenger safety; 

(3) in consultation with other appropriate Federal agencies 

and air carriers, establish policies and procedures requiring air 

carriers—

(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to 

civil aviation or national security; and 

(B) if such an individual is identified, notify appropriate 

law enforcement agencies, prevent the individual from 

boarding an aircraft, or take other appropriate action with 

respect to that individual; and 

(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose 


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49 

of identifying individuals who may pose a threat to aviation 

safety or national security. 

(i) VIEW OF NTSB.—In taking any action under this section that 

could affect safety, the Under Secretary shall give great weight to 

the timely views of the National Transportation Safety Board. 

(j) ACQUISITIONS.— (1) IN GENERAL.—The Under Secretary is authorized— (A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within 

and outside the continental United States, as the Under 

Secretary considers necessary; 

(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain 

such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Under Secretary considers 

necessary; 

(C) to lease to others such real and personal property 

and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities; 

(D) to acquire services, including such personal services 

as the Secretary determines necessary, and to acquire (by 

purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing 

sites and facilities; and 

(E) in cooperation with the Administrator of the Federal 

Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration. 

(2) TITLE.—Title to any property or interest therein acquired 

pursuant to this subsection shall be held by the Government 

of the United States. 

(k) TRANSFERS OF FUNDS.—The Under Secretary is authorized to 

accept transfers of unobligated balances and unexpended balances 

of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions transferred, 

on or after the date of enactment of the Aviation and Transportation Security Act, by law to the Under Secretary. 

(l) REGULATIONS.— (1) IN GENERAL.—The Under Secretary is authorized to issue, 

rescind, and revise such regulations as are necessary to carry 

out the functions of the Administration. 

(2) EMERGENCY PROCEDURES.—

(A) IN GENERAL.—Notwithstanding any other provision 

of law or executive order (including an executive order requiring a cost-benefit analysis), if the Under Secretary determines that a regulation or security directive must be 

issued immediately in order to protect transportation security, the Under Secretary shall issue the regulation or security directive without providing notice or an opportunity 

for comment and without prior approval of the Secretary. 

(B) REVIEW BY TRANSPORTATION SECURITY OVERSIGHT

BOARD.—Any regulation or security directive issued under 

this paragraph shall be subject to review by the TransporVerDate Aug 31 2005 02:26 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00051 Fmt 6604 Sfmt 6601 E:\HR\OC\SR216.XXX SR216

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50 

tation Security Oversight Board established under section 

115. Any regulation or security directive issued under this 

paragraph shall remain effective for a period not to exceed 

90 days unless ratified or disapproved by the Board or rescinded by the Under Secretary. 

(3) FACTORS TO CONSIDER.—In determining whether to issue, 

rescind, or revise a regulation under this section, the Under 

Secretary shall consider, as a factor in the final determination, 

whether the costs of the regulation are excessive in relation to 

the enhancement of security the regulation will provide. The 

Under Secretary may waive requirements for an analysis that 

estimates the number of lives that will be saved by the regulation and the monetary value of such lives if the Under Secretary determines that it is not feasible to make such an estimate. 

(4) AIRWORTHINESS OBJECTIONS BY FAA.—

(A) IN GENERAL.—The Under Secretary shall not take an 

aviation security action under this title if the Administrator of the Federal Aviation Administration notifies the 

Under Secretary that the action could adversely affect the 

airworthiness of an aircraft. 

(B) REVIEW BY SECRETARY.—Notwithstanding subparagraph (A), the Under Secretary may take such an action, 

after receiving a notification concerning the action from 

the Administrator under subparagraph (A), if the Secretary of Transportation subsequently approves the action. 

(m) PERSONNEL AND SERVICES; COOPERATION BY UNDER SEC- RETARY.—

(1) AUTHORITY OF UNDER SECRETARY.—In carrying out the 

functions of the Administration, the Under Secretary shall 

have the same authority as is provided to the Administrator of 

the Federal Aviation Administration under subsections (l) and 

(m) of section 106. 

(2) AUTHORITY OF AGENCY HEADS.—The head of a Federal 

agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the Under Secretary as the head has to provide services, supplies, equipment, personnel, and facilities to the Administrator of the Federal Aviation Administration under section 106(m). 

(n) PERSONNEL MANAGEMENT SYSTEM.—The personnel management system established by the Administrator of the Federal Aviation Administration under section 40122 shall apply to employees 

of the Transportation Security Administration, or, subject to the requirements of such section, the Under Secretary may make such 

modifications to the personnel management system with respect to 

such employees as the Under Secretary considers appropriate, such 

as adopting aspects of other personnel systems of the Department 

of Transportation. 

ø(o) ACQUISITION MANAGEMENT SYSTEM.—The acquisition management system established by the Administrator of the Federal 

Aviation Administration under section 40110 shall apply to acquisitions of equipment, supplies, and materials by the Transportation 

Security Administration, or, subject to the requirements of such 

section, the Under Secretary may make such modifications to the 


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51 

acquisition management system with respect to such acquisitions of 

equipment, supplies, and materials as the Under Secretary considers appropriate, such as adopting aspects of other acquisition 

management systems of the Department of Transportation.¿ 

ø(p)¿ (o) AUTHORITY OF INSPECTOR GENERAL.—The Transportation Security Administration shall be subject to the Inspector 

General Act of 1978 (5 U.S.C. App.) and other laws relating to the 

authority of the Inspector General of the Department of Transportation. 

ø(q)¿ (p) LAW ENFORCEMENT POWERS.— (1) IN GENERAL.—The Under Secretary may designate an employee of the Transportation Security Administration or other 

Federal agency to serve as a law enforcement officer. 

(2) POWERS.—While engaged in official duties of the Administration as required to fulfill the responsibilities under this 

section, a law enforcement officer designated under paragraph 

(1) may—

(A) carry a firearm; 

(B) make an arrest without a warrant for any offense 

against the United States committed in the presence of the 

officer, or for any felony cognizable under the laws of the 

United States if the officer has probable cause to believe 

that the person to be arrested has committed or is committing the felony; and 

(C) seek and execute warrants for arrest or seizure of 

evidence issued under the authority of the United States 

upon probable cause that a violation has been committed. 

(3) GUIDELINES ON EXERCISE OF AUTHORITY.—The authority 

provided by this subsection shall be exercised in accordance 

with guidelines prescribed by the Under Secretary, in consultation with the Attorney General of the United States, and shall 

include adherence to the Attorney General’s policy on use of 

deadly force. 

(4) REVOCATION OR SUSPENSION OF AUTHORITY.—The powers 

authorized by this subsection may be rescinded or suspended 

should the Attorney General determine that the Under Secretary has not complied with the guidelines prescribed in paragraph (3) and conveys the determination in writing to the Secretary of Transportation and the Under Secretary. 

ø(r)¿ (q) AUTHORITY TO EXEMPT.—The Under Secretary may 

grant an exemption from a regulation prescribed in carrying out 

this section if the Under Secretary determines that the exemption 

is in the public interest. 

ø(s)¿ (r) NONDISCLOSURE OF SECURITY ACTIVITIES.—

(1) IN GENERAL.—Notwithstanding section 552 of title 5, the 

Under Secretary shall prescribe regulations prohibiting the disclosure of information obtained or developed in carrying out security under authority of the Aviation and Transportation Security Act (Public Law 107-71) or under chapter 449 of this 

title if the Under Secretary decides that disclosing the information would— (A) be an unwarranted invasion of personal privacy; 

(B) reveal a trade secret or privileged or confidential 

commercial or financial information; or 


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52 

(C) be detrimental to the security of transportation. 

(2) AVAILABILITY OF INFORMATION TO CONGRESS.—Paragraph 

(1) does not authorize information to be withheld from a committee of Congress authorized to have the information. 

(3) LIMITATION ON TRANSFERABILITY OF DUTIES.—Except as 

otherwise provided by law, the Under Secretary may not transfer a duty or power under this subsection to another department, agency, or instrumentality of the United States. 

ø(t)¿ (s) TRANSPORTATION SECURITY STRATEGIC PLANNING.—

(1) IN GENERAL.—The Secretary of Homeland Security shall 

develop, prepare, implement, and update, as needed—

(A) a National Strategy for Transportation Security; and 

(B) transportation modal security plans. 

(2) ROLE OF SECRETARY OF TRANSPORTATION.—The Secretary 

of Homeland Security shall work jointly with the Secretary of 

Transportation in developing, revising, and updating the documents required by paragraph (1). 

(3) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION

SECURITY.—The National Strategy for Transportation Security 

shall include the following: 

(A) An identification and evaluation of the transportation assets in the United States that, in the interests of 

national security and commerce, must be protected from 

attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, 

rail, mass transit, over-the-road bus, and other public 

transportation infrastructure assets that could be at risk 

of such an attack or disruption. 

(B) The development of risk-based priorities across all 

transportation modes and realistic deadlines for addressing security needs associated with those assets referred to 

in subparagraph (A). 

(C) The most appropriate, practical, and cost-effective 

means of defending those assets against threats to their 

security. 

(D) A forward-looking strategic plan that sets forth the 

agreed upon roles and missions of Federal, State, regional, 

and local authorities and establishes mechanisms for encouraging private sector cooperation and participation in 

the implementation of such plan. 

(E) A comprehensive delineation of response and recovery responsibilities and issues regarding threatened and 

executed acts of terrorism within the United States. 

(F) A prioritization of research and development objectives that support transportation security needs, giving a 

higher priority to research and development directed toward protecting vital transportation assets. 

(4) SUBMISSIONS OF PLANS TO CONGRESS.—

(A) INITIAL STRATEGY.—The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans, developed under this subsection to the approVerDate Aug 31 2005 02:26 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00054 Fmt 6604 Sfmt 6601 E:\HR\OC\SR216.XXX SR216

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53 

priate congressional committees not later than April 1, 

2005. 

(B) SUBSEQUENT VERSIONS.—After December 31, 2005, 

the Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the 

transportation modal security plans and any revisions to 

the National Strategy for Transportation Security and the 

transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of 

each even-numbered year. 

(C) PERIODIC PROGRESS REPORT.— (i) REQUIREMENT FOR REPORT.—Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States 

Code, the Secretary of Homeland Security shall submit 

to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security. 

(ii) CONTENT.—Each progress report under this subparagraph shall include, at a minimum, recommendations for improving and implementing the National 

Strategy for Transportation Security and the transportation modal security plans that the Secretary, in consultation with the Secretary of Transportation, considers appropriate. 

(D) CLASSIFIED MATERIAL.—Any part of the National 

Strategy for Transportation Security or the transportation 

modal security plans that involve information that is properly classified under criteria established by Executive 

order shall be submitted to the appropriate congressional 

committees separately in a classified format. 

(E) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this subsection, the term ‘‘appropriate congressional committees’’ means the Committee on Transportation and Infrastructure and the Select Committee on 

Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation 

and the Committee on Homeland Security and Governmental Affairs of the Senate. 

(5) PRIORITY STATUS.—

(A) IN GENERAL.—The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts. 

(B) OTHER PLANS AND REPORTS.—The National Strategy 

for Transportation Security shall include, as an integral 

part or as an appendix—

(i) the current National Maritime Transportation Security Plan under section 70103 of title 46; 

(ii) the report required by section 44938 of this title; 

(iii) transportation modal security plans required 

under this section; and 

(iv) any other transportation security plan or report 

that the Secretary of Homeland Security determines 

appropriate for inclusion. 


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54 

(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. 

SUBTITLE V—RAIL PROGRAMS 

PART A—SAFETY 

CHAPTER 201. GENERAL

SUBCHAPTER I. GENERAL

§ 20103. General authority 

(a) REGULATIONS AND ORDERS.—The Secretary of Transportation, 

as necessary, shall prescribe regulations and issue orders for every 

area of railroad øsafety¿ safety, including security, supplementing 

laws and regulations in effect on October 16, 1970. When prescribing a security regulation or issuing a security order that affects the safety of railroad operations, the Secretary of Homeland 

Security shall consult with the Secretary. 

(b) REGULATIONS OF PRACTICE FOR PROCEEDINGS.—The Secretary 

shall prescribe regulations of practice applicable to each proceeding 

under this chapter. The regulations shall reflect the varying nature 

of the proceedings and include time limits for disposition of the proceedings. The time limit for disposition of a proceeding may not be 

more than 12 months after the date it begins. 

(c) CONSIDERATION OF INFORMATION AND STANDARDS.—In prescribing regulations and issuing orders under this section, the Secretary shall consider existing relevant safety information and 

standards. 

(d) Waivers. The Secretary may waive compliance with any part 

of a regulation prescribed or order issued under this chapter if the 

waiver is in the public interest and consistent with railroad safety. 

The Secretary shall make public the reasons for granting the waiver. 


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(e) HEARINGS.—The Secretary shall conduct a hearing as provided by section 553 of title 5 when prescribing a regulation or 

issuing an order under this chapter, including a regulation or order 

establishing, amending, or waiving compliance with a railroad safety regulation prescribed or order issued under this chapter. An opportunity for an oral presentation shall be provided. 

(f) TOURIST RAILROAD CARRIERS.—In prescribing regulations that 

pertain to railroad safety that affect tourist, historic, scenic, or excursion railroad carriers, the Secretary of Transportation shall take 

into consideration any financial, operational, or other factors that 

may be unique to such railroad carriers. The Secretary shall submit a report to Congress not later than September 30, 1995, on actions taken under this subsection. 

* * * * * * * 

§ 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.—


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(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. 

PART C—PASSENGER TRANSPORTATION 

CHAPTER 243. AMTRAK

§ 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 unVerDate Aug 31 2005 02:26 Feb 28, 2006 Jkt 049010 PO 00000 Frm 00058 Fmt 6604 Sfmt 6603 E:\HR\OC\SR216.XXX SR216

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claimed 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. 

PART E—MISCELLANEOUS 

CHAPTER 281. LAW ENFORCEMENT

§ 28101. Rail police officers 

(a) IN GENERAL.—Under regulations prescribed by the Secretary 

of Transportation, a rail police officer who is employed by a rail 

carrier and certified or commissioned as a police officer under the 

laws of a State may enforce the laws of any jurisdiction in which 

øthe rail carrier¿ any rail carrier owns property, to the extent of 

the authority of a police officer certified or commissioned under the 

laws of that jurisdiction, to protect—

(1) employees, passengers, or patrons of øthe rail carrier¿ 

any rail carrier; 

(2) property, equipment, and facilities owned, leased, operated, or maintained by the rail carrier; 

(3) property moving in interstate or foreign commerce in the 

possession of the rail carrier; and 

(4) personnel, equipment, and material moving by rail that 

are vital to the national defense. 


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SUBTITLE VII. AVIATION PROGRAMS 

SUBPART III. SAFETY 

CHAPTER 449. SECURITY

SUBCHAPTER I. REQUIREMENTS

§ 44924. Repair station security 

(a) SECURITY REVIEW AND AUDIT.—To ensure the security of 

maintenance and repair work conducted on air carrier aircraft and 

components at foreign repair stations, the Under Secretary for Border and Transportation Security of the Department of Homeland 

Security, in consultation with the Administrator of the Federal 

Aviation Administration, shall complete a security review and 

audit of foreign repair stations that are certified by the Administrator under part 145 of title 14, Code of Federal Regulations, and 

that work on air carrier aircraft and components. The review shall 

be completed not later than ø18 months¿ 6 months after the date 

on which the Under Secretary issues regulations under subsection 

(f). 

(b) ADDRESSING SECURITY CONCERNS.—The Under Secretary shall 

require a foreign repair station to address the security issues and 

vulnerabilities identified in a security audit conducted under subsection (a) within 90 days of providing notice to the repair station 

of the security issues and vulnerabilities so identified and shall notify the Administrator that a deficiency was identified in the security audit. 

(c) SUSPENSIONS AND REVOCATIONS OF CERTIFICATES.— (1) FAILURE TO CARRY OUT EFFECTIVE SECURITY MEASURES.— If, after the 90th day on which a notice is provided to a foreign 

repair station under subsection (b), the Under Secretary determines that the foreign repair station does not maintain and 

carry out effective security measures, the Under Secretary 

shall notify the Administrator of the determination. Upon receipt of the determination, the Administrator shall suspend the 

certification of the repair station until such time as the Under 

Secretary determines that the repair station maintains and 

carries out effective security measures and transmits the determination to the Administrator. 

(2) IMMEDIATE SECURITY RISK.—If the Under Secretary determines that a foreign repair station poses an immediate security risk, the Under Secretary shall notify the Administrator of 

the determination. Upon receipt of the determination, the Administrator shall revoke the certification of the repair station. 

(3) PROCEDURES FOR APPEALS.—The Under Secretary, in consultation with the Administrator, shall establish procedures for 

appealing a revocation of a certificate under this subsection. 

(d) FAILURE TO MEET AUDIT DEADLINE.—If the security audits required by subsection (a) are not completed on or before the date 

that is ø18 months¿ 6 months after the date on which the Under 

Secretary issues regulations under subsection (f), the Administrator 

shall be barred from certifying any foreign repair station until such 

audits are completed for existing stations. 


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59 

(e) PRIORITY FOR AUDITS.—In conducting the audits described in 

subsection (a), the Under Secretary and the Administrator shall 

give priority to foreign repair stations located in countries identified by the Government as posing the most significant security 

risks. 

(f) REGULATIONS.—Not later than 240 days after the date of enactment of this section, the Under Secretary, in consultation with 

the Administrator, shall issue final regulations to ensure the security of foreign and domestic aircraft repair stations. 

(g) REPORT TO CONGRESS.—If the Under Secretary does not issue 

final regulations before the deadline specified in subsection (f), the 

Under Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the 

Committee on Commerce, Science, and Transportation of the Senate a report containing an explanation as to why the deadline was 

not met and a schedule for issuing the final regulations. 

SUBCHAPTER II. ADMINISTRATION AND PERSONNEL

§ 44940. Security service fees 

(a) GENERAL AUTHORITY.—

(1) PASSENGER FEES.—The Under Secretary of Transportation for Security shall impose a uniform fee, on passengers 

of air carriers and foreign air carriers in air transportation and 

intrastate air transportation originating at airports in the 

United States, to pay for the following costs of providing civil 

aviation security services: 

(A) Salary, benefits, overtime, retirement and other costs 

of screening personnel, their supervisors and managers, 

and Federal law enforcement personnel deployed at airport 

security screening locations under section 44901. 

(B) The costs of training personnel described in subparagraph (A), and the acquisition, operation, and maintenance 

of equipment used by such personnel. 

(C) The costs of performing background investigations of 

personnel described in subparagraphs (A), (D), (F), and 

(G). 

(D) The costs of the Federal air marshals program. 

(E) The costs of performing civil aviation security research and development under this title. 

(F) The costs of Federal Security Managers under section 44903. 

(G) The costs of deploying Federal law enforcement personnel pursuant to section 44903(h). The amount of such 

costs shall be determined by the Under Secretary and 

shall not be subject to judicial review. For purposes of subparagraph (A), the term ‘‘Federal law enforcement personnel’’ includes State and local law enforcement officers 

who are deputized under section 44922. 

(H) The costs of security-related capital improvements at 

airports. 

(I) The costs of training pilots and flight attendants 

under sections 44918 and 44921. 

(2) AIR CARRIER FEES.—


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(A) AUTHORITY.—In addition to the fee imposed pursuant to paragraph (1), and only to the extent that the 

Under Secretary estimates that such fee will be insufficient to pay for the costs of providing civil aviation security 

services described in paragraph (1), the Under Secretary 

may impose a fee on air carriers and foreign air carriers 

engaged in air transportation and intrastate air transportation to pay for the difference between any such costs and 

the amount collected from such fee, as estimated by the 

Under Secretary at the beginning of each fiscal year. The 

estimates of the Under Secretary under this subparagraph 

are not subject to judicial review. 

(B) LIMITATIONS.—

(i) OVERALL LIMIT.—The amounts of fees collected 

under this paragraph for each fiscal year may not exceed, in the aggregate, the amounts paid in calendar 

year 2000 by carriers described in subparagraph (A) 

for screening passengers and property, as determined 

by the Under Secretary. 

(ii) PER-CARRIER LIMIT.—The amount of fees collected under this paragraph from an air carrier described in subparagraph (A) for each of fiscal years 

2002, 2003, and 2004 may not exceed the amount paid 

in calendar year 2000 by that carrier for screening 

passengers and property, as determined by the Under 

Secretary. 

(iii) ADJUSTMENT OF PER-CARRIER LIMIT.—For fiscal 

year 2005 and subsequent fiscal years, the per-carrier 

limitation under clause (ii) may be determined by the 

Under Secretary on the basis of market share or any 

other appropriate measure in lieu of actual screening 

costs in calendar year 2000. 

(iv) FINALITY OF DETERMINATIONS.—Determinations 

of the Under Secretary under this subparagraph are 

not subject to judicial review. 

(C) SPECIAL RULE FOR FISCAL YEAR 2002.—The amount 

of fees collected under this paragraph from any carrier for 

fiscal year 2002 may not exceed the amounts paid by that 

carrier for screening passengers and property for a period 

of time in calendar year 2000 proportionate to the period 

of time in fiscal year 2002 during which fees are collected 

under this paragraph. 

(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; 


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61 

(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. 

(b) SCHEDULE OF FEES.—In imposing fees under subsection (a), 

the Under Secretary shall ensure that the fees are reasonably related to the Transportation Security Administration’s costs of providing services rendered. 

(c) LIMITATION ON FEE.—Fees imposed under subsection (a)(1) 

may not exceed $2.50 per enplanement in air transportation or 

intrastate air transportation that originates at an airport in the 

United States, except that the total amount of such fees may not 

exceed $5.00 per one-way trip. 

(d) IMPOSITION OF FEE.—

(1) IN GENERAL.—Notwithstanding section 9701 of title 31 

and the procedural requirements of section 553 of title 5, the 

Under Secretary shall impose the fee under subsection (a)(1), 

and may impose a fee under subsection (a)(2), through the publication of notice of such fee in the Federal Register and begin 

collection of the fee within 60 days of the date of enactment of 

this Act, or as soon as possible thereafter. 

(2) SPECIAL RULES PASSENGER FEES.—A fee imposed under 

subsection (a)(1) through the procedures under subsection (d) 

shall apply only to tickets sold after the date on which such fee 

is imposed. If a fee imposed under subsection (a)(1) through 

the procedures under subsection (d) on transportation of a passenger of a carrier described in subsection (a)(1) is not collected 

from the passenger, the amount of the fee shall be paid by the 

carrier. 

(3) SUBSEQUENT MODIFICATION OF FEE.—After imposing a fee 

in accordance with paragraph (1), the Under Secretary may 

modify, from time to time through publication of notice in the 

Federal Register, the imposition or collection of such fee, or 

both. 

(4) LIMITATION ON COLLECTION.—No fee may be collected 

under this section except to the extent that the expenditure of 

the fee to pay the costs of activities and services for which the 

fee is imposed is provided for in advance in an appropriations 

Act or in section 44923. 

(e) ADMINISTRATION OF FEES.—

(1) FEES PAYABLE TO UNDER SECRETARY.—All fees imposed 

and amounts collected under this section are payable to the 

Under Secretary. 

(2) FEES COLLECTED BY AIR CARRIER.—A fee imposed under 

subsection (a)(1) shall be collected by the air carrier or foreign 

air carrier that sells a ticket for transportation described in 

subsection (a)(1). 


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62 

(3) DUE DATE FOR REMITTANCE.—A fee collected under this 

section shall be remitted on the last day of each calendar 

month by the carrier collecting the fee. The amount to be remitted shall be for the calendar month preceding the calendar 

month in which the remittance is made. 

(4) INFORMATION.—The Under Secretary may require the 

provision of such information as the Under Secretary decides 

is necessary to verify that fees have been collected and remitted at the proper times and in the proper amounts. 

(5) FEE NOT SUBJECT TO TAX.—For purposes of section 4261 

of the Internal Revenue Code of 1986 (26 U.S.C. 4261), a fee 

imposed under this section shall not be considered to be part 

of the amount paid for taxable transportation. 

(6) COST OF COLLECTING FEE.—No portion of the fee collected 

under this section may be retained by the air carrier or foreign 

air carrier for the costs of collecting, handling, or remitting the 

fee except for interest accruing to the carrier after collection 

and before remittance. 

(f) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31, any fee collected under this section—

(1) shall be credited as offsetting collections to the account 

that finances the activities and services for which the fee is imposed; 

(2) shall be available for expenditure only to pay the costs of 

activities and services for which the fee is imposed; and 

(3) shall remain available until expended. 

(g) REFUNDS.—The Under Secretary may refund any fee paid by 

mistake or any amount paid in excess of that required. 

(h) EXEMPTIONS.—The Under Secretary may exempt from the 

passenger fee imposed under subsection (a)(1) any passenger enplaning at an airport in the United States that does not receive 

screening services under section 44901 for that segment of the trip 

for which the passenger does not receive screening. 

MARITIME TRANSPORTATION SECURITY ACT OF 2002 

øSEC. 111. PERFORMANCE STANDARDS. 

ø Not later than January 1, 2004, the Secretary of the department in which the Coast Guard is operating, in consultation with 

the Transportation Security Oversight Board, shall—

ø (1) 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; and 

ø (2) develop performance standards to enhance the physical security of shipping containers, including standards for 

seals and locks.¿ 

Æ 


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