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(5) The table of contents of such Act (6 U.S.C.
101) is amended by adding at the end the following:
‘‘TITLE XVIII—DOMESTIC NUCLEAR DETECTION OFFICE
‘‘Sec. 1801. Domestic Nuclear Detection Office.
‘‘Sec. 1802. Mission of office.
‘‘Sec. 1803. Hiring authority.
‘‘Sec. 1804. Testing authority.
‘‘Sec. 1805. Relationship to other department entities and Federal agencies.’’.
SEC. 802. TECHNOLOGY RESEARCH AND DEVELOPMENT IN-
VESTMENT STRATEGY FOR NUCLEAR AND RA-
DIOLOGICAL DETECTION.
(a) IN GENERAL.—Not later than 1 year after the date
of enactment of this Act, the Secretary of Homeland Secu-
rity, the Secretary of the Department of Energy, the Sec-
retary of Defense, and the Director of National Intelligence
shall submit to Congress a research and development invest-
ment strategy for nuclear and radiological detection.
(b) CONTENTS.—The strategy under subsection (a)
shall include—
(1) a long-term technology roadmap for nuclear
and radiological detection applicable to the mission
needs of the Departments of Homeland Security, En-
ergy, and Defense, and the Office of the Director of
National Intelligence;
(2) budget requirements necessary to meet the
roadmap; and
(3) documentation of how the Departments of
Homeland Security, Energy, and Defense, and the Of-
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fice of the Director of National Intelligence will im-
plement the intent of this title.
TITLE 
IX—IMPROVED 
MOTOR
CARRIER, 
BUS, 
AND 
HAZ-
ARDOUS MATERIAL SECURITY
SEC. 901. SHORT TITLE.
This title may be cited as the ‘‘Transportation Secu-
rity Improvement Act of 2006’’.
SEC. 902. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) ROUTE PLAN GUIDANCE.—Within one year after
the date of enactment of this Act, the Secretary of Transpor-
tation, in consultation with the Secretary of Homeland Se-
curity, shall—
(1) document existing and proposed routes for
the transportation of radioactive and non-radioactive
hazardous materials by motor carrier, and develop a
framework for using a Geographic Information Sys-
tem-based approach to characterize routes in the Na-
tional Hazardous Materials Route Registry;
(2) assess and characterize existing and proposed
routes for the transportation of radioactive and non-
radioactive hazardous materials by motor carrier for
the purpose of identifying measurable criteria for se-
lecting routes based on safety and security concerns;
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(3) analyze current route-related hazardous ma-
terials regulations in the United States, Canada, and
Mexico to identify cross-border differences and con-
flicting regulations;
(4) document the concerns of the public, motor
carriers, and State, local, territorial, and tribal gov-
ernments about the highway routing of hazardous ma-
terials for the purpose of identifying and mitigating
security vulnerabilities associated with hazardous ma-
terial routes;
(5) prepare guidance materials for State officials
to assist them in identifying and reducing both safety
concerns and security vulnerabilities when desig-
nating highway routes for hazardous materials con-
sistent with the 13 safety-based non-radioactive mate-
rials routing criteria and radioactive materials rout-
ing criteria in Subpart C part 397 of title 49, Code
of Federal Regulations;
(6) develop a tool that will enable State officials
to examine potential routes for the highway transpor-
tation of hazardous material and assess specific secu-
rity vulnerabilities associated with each route and ex-
plore alternative mitigation measures; and
(7) transmit to the Senate Committee on Com-
merce, Science, and Transportation, and the House of
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Representatives Committee on Transportation and
Infrastructure a report on the actions taken to fulfill
paragraphs (1) through (6) of this subsection and any
recommended changes to the routing requirements for
the highway transportation of hazardous materials in
part 397 of title 49, Code of Federal Regulations.
(b) ROUTE PLANS.—
(1) ASSESSMENT.—Within one year after the
date of enactment of this Act, the Secretary of Trans-
portation shall complete an assessment of the safety
and national security benefits achieved under existing
requirements for route plans, in written or electronic
format, for explosives and radioactive materials. The
assessment shall, at a minimum—
(A) compare the percentage of Department
of Transportation recordable incidents and the
severity of such incidents for shipments of explo-
sives and radioactive materials for which such
route plans are required with the percentage of
recordable incidents and the severity of such in-
cidents for shipments of explosives and radio-
active materials not subject to such route plans;
and
(B) quantify the security and safety bene-
fits, feasibility, and costs of requiring each motor
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carrier that is required to have a hazardous ma-
terial safety permit under part 385 of title 49,
Code of Federal Regulations, to maintain, follow,
and carry such a route plan that meets the re-
quirements of section 397.101 of that title when
transporting the type and quantity of hazardous
materials described in section 385.403 of that
title, taking into account the various segments of
the trucking industry, including tank truck,
truckload and less than truckload carriers.
(2) REPORT.—Within one year after the date of
enactment of this Act, the Secretary of Transportation
shall submit a report to the Senate Committee on
Commerce, Science, and Transportation, and the
House of Representatives Committee on Transpor-
tation and Infrastructure containing the findings and
conclusions of the assessment.
(c) REQUIREMENT.—The Secretary shall require motor
carriers that have a hazardous material safety permit
under part 385 of title 49, Code of Federal Regulations,
to maintain, follow, and carry a route plan, in written or
electronic format, that meets the requirements of section
397.101 of that title when transporting the type and quan-
tity of hazardous materials described in section 385.403 of
that title if the Secretary determines, under the assessment
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required in subsection (b), that such a requirement would
enhance the security and safety of the nation without im-
posing unreasonable costs or burdens upon motor carriers.
SEC. 903. MOTOR CARRIER HIGH HAZARD MATERIAL
TRACKING.
(a) WIRELESS COMMUNICATIONS—
(1) IN GENERAL.—Consistent with the findings
of the Transportation Security Administration’s
Hazmat Truck Security Pilot Program and within 6
months after the date of enactment of this Act, the
Secretary of Homeland Security, through the Trans-
portation Security Administration and in consulta-
tion with the Secretary of Transportation, shall de-
velop a program to encourage the equipping of motor
carriers transporting high hazard materials in quan-
tities equal to or greater than the quantities specified
in subpart 171.800 of title 49, Code of Federal Regu-
lations, with wireless communications technology that
provides—
(A) continuous communications;
(B) vehicle position location and tracking
capabilities; and
(C) a feature that allows a driver of such
vehicles to broadcast an emergency message.
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(2) CONSIDERATIONS.—In developing the pro-
gram required by paragraph (1), the Secretary
shall—
(A) consult with the Secretary of Transpor-
tation to coordinate the program with any ongo-
ing or planned efforts for motor carrier tracking
at the Department of Transportation;
(B) 
take 
into 
consideration 
the 
rec-
ommendations and findings of the report on the
Hazardous Material Safety and Security Oper-
ation Field Test released by the Federal Motor
Carrier Safety Administration on November 11,
2004;
(C) evaluate—
(i) any new information related to the
cost and benefits of deploying and utilizing
truck tracking technology for motor carriers
transporting high hazard materials not in-
cluded in the Hazardous Material Safety
and Security Operation Field Test Report
released by the Federal Motor Carrier Safe-
ty Administration on November 11, 2004;
(ii) the ability of truck tracking tech-
nology to resist tampering and disabling;
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(iii) the capability of truck tracking
technology to collect, display, and store in-
formation regarding the movements of ship-
ments of high hazard materials by commer-
cial motor vehicles;
(iv) the appropriate range of contact
intervals between the tracking technology
and a commercial motor vehicle trans-
porting high hazard materials; and
(v) technology that allows the installa-
tion by a motor carrier of concealed elec-
tronic devices on commercial motor vehicles
that can be activated by law enforcement
authorities and alert emergency response re-
sources to locate and recover security sen-
sitive material in the event of loss or theft
of such material.
(b) FUNDING.—There are authorized to be appro-
priated to the Secretary of Homeland Security to carry out
this section $3,000,000 for each of fiscal years 2007, 2008,
and 2009.
SEC. 904. HAZARDOUS MATERIALS SECURITY INSPECTIONS
AND ENFORCEMENT.
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity shall establish a program within the Transportation
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Security Administration, in consultation with the Sec-
retary of Transportation, for reviewing hazardous mate-
rials security plans required under part 172, title 49, Code
of Federal Regulations, within 180 days after the date of
enactment of this Act. In establishing the program, the Sec-
retary shall ensure that—
(1) the program does not subject carriers to un-
necessarily duplicative reviews of their security plans
by the 2 departments; and
(2) a common set of standards is used to review
the security plans.
(b) CIVIL PENALTY.—The failure, by a shipper, car-
rier, or other person subject to part 172 of title 49, Code
of Federal Regulations, to comply with any applicable sec-
tion of that part within 180 days after being notified by
the Secretary of such failure to comply, is punishable by
a civil penalty imposed by the Secretary under title 49,
United States Code. For purposes of this subsection, each
day of noncompliance after the 181st day following the date
on which the shipper, carrier, or other person received no-
tice of the failure shall constitute a separate failure.
(c) COMPLIANCE REVIEW.—In reviewing the compli-
ance of hazardous materials shippers, carriers, or other per-
sons subject to part 172 of title 49, Code of Federal Regula-
tions, with the provisions of that part, the Secretary shall
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utilize risk assessment methodologies to prioritize review
and enforcement actions to the most vulnerable and critical
hazardous materials transportation operations.
(d) TRANSPORTATION COSTS STUDY.—Within 1 year
after the date of enactment of this Act, the Secretary of
Transportation, in conjunction with the Secretary of Home-
land Security, shall study to what extent the insurance, se-
curity, and safety costs borne by railroad carriers, motor
carriers, pipeline carriers, air carriers, and maritime car-
riers associated with the transportation of hazardous mate-
rials are reflected in the rates paid by shippers of such com-
modities as compared to the costs and rates respectively for
the transportation of non-hazardous materials.
(e) FUNDING.—There are authorized to be appro-
priated to the Secretary of Homeland Security to carry out
this section—
(1) $2,000,000 for fiscal year 2007;
(2) $2,000,000 for fiscal year 2008; and
(3) $2,000,000 for fiscal year 2009.
SEC. 905. TRUCK SECURITY ASSESSMENT.
Not later than 1 year after the date of enactment of
this Act, the Secretary of Transportation shall transmit to
the Senate Committee on Commerce, Science, and Trans-
portation, Senate Committee on Finance, the House of Rep-
resentatives Committee on Transportation and Infrastruc-
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ture, the House of Representatives Committee on Homeland
Security, and the House of Representatives Committe on
Ways and Means, a report on security issues related to the
trucking industry that includes—
(1) an assessment of actions already taken to ad-
dress identified security issues by both public and
private entities;
(2) an assessment of the economic impact that
security upgrades of trucks, truck equipment, or truck
facilities may have on the trucking industry and its
employees, including independent owner-operators;
(3) an assessment of ongoing research and the
need for additional research on truck security; and
(4) an assessment of industry best practices to
enhance security.
SEC. 906. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.
(a) DEVELOPMENT.—The Secretary of Homeland Se-
curity, in conjunction with the Secretary of Transportation,
shall consider the development of a national public sector
response system to receive security alerts, emergency mes-
sages, and other information used to track the transpor-
tation of high hazard materials which can provide accurate,
timely, and actionable information to appropriate first re-
sponder, law enforcement and public safety, and homeland
security officials, as appropriate, regarding accidents,
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threats, thefts, or other safety and security risks or inci-
dents. In considering the development of this system, they
shall consult with law enforcement and public safety offi-
cials, hazardous material shippers, motor carriers, rail-
roads, organizations representing hazardous material em-
ployees, State transportation and hazardous materials offi-
cials, private for-profit and non-profit emergency response
organizations, and commercial motor vehicle and hazardous
material safety groups. Consideration of development of the
national public sector response system shall be based upon
the public sector response center developed for the Transpor-
tation Security Administration hazardous material truck
security pilot program and hazardous material safety and
security operational field test undertaken by the Federal
Motor Carrier Safety Administration.
(b) CAPABILITY.—The national public sector response
system to be considered shall be able to receive, as
appropriate—
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) CHARACTERISTICS.—The national public sector re-
sponse system to be considered shall—
(1) be an exception-based system;
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(2) be integrated with other private and public
sector operation reporting and response systems and
all Federal homeland security threat analysis systems
or centers (including the National Response Center);
and
(3) provide users the ability to create rules for
alert notification messages.
(d) CARRIER
PARTICIPATION.—The Secretary of
Homeland Security shall coordinate with motor carriers
and railroads transporting high hazard materials, entities
acting on their behalf who receive communication alerts
from motor carriers or railroads, or other Federal agencies
that receive security and emergency related notification re-
garding high hazard materials in transit to facilitate the
provisions of the information listed in subsection (b) to the
national public sector response system to the extent possible
if the system is established.
(e) DATA PRIVACY.—The national public sector re-
sponse system shall be designed to ensure appropriate pro-
tection of data and information relating to motor carriers,
railroads, and employees.
(f) REPORT.—Not later than 180 days after the date
of enactment of this Act, the Secretary shall transmit to
the Senate Committee on Commerce, Science, and Trans-
portation, the House of Representatives Committee on