Public Transportation Terrorism Prevention Act of 2006 - Requires the Department of Transportation's (DOT) Federal Transit Administration to submit all public transportation security assessments to the Secretary of Homeland Security to review and augment such assessments.
Requires the Secretary to: (1) establish and update annually security improvement priorities; (2) conduct security assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack; (3) conduct security assessments to determine the specific needs of local bus-only public transportation systems and of selected rural transportation systems; and (4) use information collected to establish the process for developing security guidelines.
Directs the Secretary to award grants: (1) directly to public transportation agencies for allowable capital security improvements; and (2) to public or private entities to conduct research into, and demonstrate, methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems.
Directs the Secretary to: (1) ensure that DOT receives timely notification of all credible terrorist threats against U.S. public transportation assets; and (2) award grants for research, development, and demonstration of technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from such attacks.
Rail Security Act of 2006 - Directs the Secretary to establish a task force to complete, and make prioritized recommendations regarding, a vulnerability and risk assessment of freight and passenger rail transportation for identification of: (1) critical assets and infrastructures, and vulnerabilities and risks, to such assets and infrastructures; (2) vulnerabilities and risks specific to the transportation of hazardous materials via railroad; and (3) security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area.
Authorizes the Secretary to make grants for certain system-wide Amtrak security upgrades.
Directs the Secretary to require rail carriers transporting high hazardous materials to develop high hazard material security threat mitigation plans containing appropriate measures (including alternative routing and temporary shipment suspension options) to address assessed risks to high consequence targets.
Maritime Security Improvement Act of 2006 - Establishes interagency operational centers to provide greater protection against terrorism at high priority ports.
Directs the Secretary to identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2791 Placed on Calendar Senate (PCS)]
Calendar No. 430
109th CONGRESS
2nd Session
S. 2791
To amend titles 46 and 49, United States Code, to provide improved
maritime, rail, and public transportation security, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 11, 2006
Mr. Stevens (for himself, Mr. Inouye, Mr. Shelby, Mr. Sarbanes, Mrs.
Hutchison, Ms. Snowe, Mr. Smith, Mr. Burns, Mr. Allard, Mr. Bennett,
Mr. Vitter, Mr. Bunning, Mr. Allen, Mr. Graham, Mr. Lott, Mr. DeWine,
Mr. Domenici, Mrs. Dole, Mr. Talent, Ms. Murkowski, Mr. Roberts, Mr.
Lautenberg, Mr. Rockefeller, Mrs. Boxer, Mr. Nelson of Florida, Mr.
Kerry, Ms. Cantwell, Mr. Reed, Mr. Akaka, Mr. Schumer, Mrs. Clinton,
Mr. Carper, Mr. Menendez, Mr. Kennedy, Mr. Pryor, Ms. Stabenow, Mr.
Dorgan, Mr. Kohl, Mr. Biden, Mr. Durbin, Ms. Mikulski, and Mr.
Jeffords) introduced the following bill; which was read the first time
May 12, 2006
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To amend titles 46 and 49, United States Code, to provide improved
maritime, rail, and public transportation security, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Table of contents.
Title I--Improved Public Transportation Security
Sec. 101. Short title.
Sec. 102. Findings and purpose.
Sec. 103. Security assessments.
Sec. 104. Security assistance grants.
Sec. 105. Intelligence sharing.
Sec. 106. Research, development, and demonstration grants.
Sec. 107. Reporting requirements.
Sec. 108. Authorization of appropriations.
Sec. 109. Sunset provision.
Title II--Improved Rail Security
Sec. 201. Short title.
Sec. 202. Rail transportation security risk assessment.
Sec. 203. Systemwide AMTRAK security upgrades.
Sec. 204. Fire and life-safety improvements.
Sec. 205. Freight and passenger rail security upgrades.
Sec. 206. Rail security research and development.
Sec. 207. Oversight and grant procedures.
Sec. 208. AMTRAK plan to assist families of passengers involved in rail
passenger accidents.
Sec. 209. Northern border rail passenger report.
Sec. 210. Rail worker security training program.
Sec. 211. Whistleblower protection program.
Sec. 212. High hazard material security threat mitigation plans.
Sec. 213. Memorandum of agreement.
Sec. 214. Rail security enhancements.
Sec. 215. Public awareness.
Sec. 216. Railroad high hazard material tracking.
Sec. 217. Authorization of appropriations.
Title III--Improved Maritime Security
Sec. 300. Short title.
Sec. 301. Establishment of additional interagency operational centers
for port security.
Sec. 302. Area maritime transportation security plan to include salvage
response plan.
Sec. 303. Post-incident resumption of trade.
Sec. 304. Assistance for foreign ports.
Sec. 305. Improved data for targeted cargo searches.
Sec. 306. Technical requirements for non-intrusive inspection
equipment.
Sec. 307. Random inspection of containers.
Sec. 308. Cargo security.
Sec. 309. Secure systems of international intermodal transportation.
Sec. 310. Port security user fee study.
Sec. 311. Deadline for transportation security cards.
Sec. 312. Port security grants.
Sec. 313. Customs-Trade Partnership Against Terrorism security
validation program.
Sec. 314. Work stoppages and employee-employer disputes.
Sec. 315. Appeal of denial of waiver for transportation security
card.D23/
Sec. 316. Inspection of car ferries entering from Canada.
TITLE I--IMPROVED PUBLIC TRANSPORTATION SECURITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``Public Transportation Terrorism
Prevention Act of 2006''. D23/
SEC. 102. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) public transportation systems throughout the world have
been a primary target of terrorist attacks, causing countless
death and injuries;
(2) 5,800 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential for the Nation's economy and for significant national
and international public events;
(5) the Federal Transit Administration has invested
$74,900,000,000 since 1992 for construction and improvements to
the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$18,100,000,000 in fiscal years 2002 through 2005 to protect
our Nation's aviation system and its 1,800,000 daily
passengers;
(7) the Federal Government has allocated $250,000,000 in
fiscal years 2003 through 2005 to protect public transportation
systems in the United States;
(8) the Federal Government has invested $7.38 in aviation
security improvements per passenger, but only $0.007 in public
transportation security improvements per passenger;
(9) the Government Accountability Office, the Mineta
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and many
transportation experts have reported an urgent need for
significant investment in public transportation security
improvements; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. 103. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
enactment of this Act, the Federal Transit Administration of
the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary of Homeland Security.
(2) Review.--Not later than July 31, 2006, the Secretary of
Homeland Security shall review and augment the security
assessments received under paragraph (1).
(3) Allocations.--The Secretary of Homeland Security shall
use the security assessments received under paragraph (1) as
the basis for allocating grant funds under section 104, unless
the Secretary notifies the Committee on Banking, Housing, and
Urban Affairs of the Senate that the Secretary has determined
that an adjustment is necessary to respond to an urgent threat
or other significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2006, the Secretary of Homeland Security, after
consultation with the management and employee representatives
of each public transportation system for which a security
assessment has been received under paragraph (1), shall
establish security improvement priorities that will be used by
public transportation agencies for any funding provided under
section 104.
(5) Updates.--Not later than July 31, 2007, and annually
thereafter, the Secretary of Homeland Security shall--
(A) update the security assessments referred to in
this subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest
risk of a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary of
Homeland Security shall use the information collected under subsection
(a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public
transportation systems; and
(B) maximizes the efforts of public transportation
systems to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later than
July 31, 2006, the Secretary of Homeland Security shall conduct
security assessments, appropriate to the size and nature of each
system, to determine the specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. 104. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the priorities
established under section 103(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section 103(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation
employees, including bus and rail operators, mechanics,
customer service, maintenance employees, transit
police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or
explosives detection;
(E) overtime reimbursement for enhanced security
personnel during significant national and international
public events, consistent with the priorities
established under section 103(a)(4); and
(F) other appropriate security improvements
identified under section 103(a)(4), excluding routine,
ongoing personnel costs.
(c) Congressional Notification.--Not later than 3 days before the
award of any grant under this section, the Secretary of Homeland
Security shall notify the Committee on Banking, Housing, and Urban
Affairs of the Senate of the intent to award such grant.
(d) Public Transportation Agency Responsibilities.--Each public
transportation agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified for that grant under this section, the grantee shall return
any amount so used to the Treasury of the United States.
SEC. 105. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary of Homeland Security shall
ensure that the Department of Transportation receives appropriate and
timely notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Homeland Security
shall provide sufficient financial assistance for the
reasonable costs of the Information Sharing and Analysis Center
for Public Transportation (referred to in this subsection as
the ``ISAC'') established pursuant to Presidential Directive
63, to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary of Homeland Security--
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public
transportation agency for participating in the ISAC.
SEC. 106. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
(a) Grants Authorized.--The Secretary of Homeland Security, in
consultation with the Federal Transit Administration, shall award
grants to public or private entities to conduct research into, and
demonstrate, technologies and methods to reduce and deter terrorist
threats or mitigate damages resulting from terrorist attacks against
public transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
to--
(1) research chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) research imaging technologies;
(3) conduct product evaluations and testing; and
(4) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a grant under
this section shall report annually to the Department of Homeland
Security on the use of grant funds received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified under subsection (b), the grantee shall return any amount so
used to the Treasury of the United States.
SEC. 107. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
of each year, the Secretary of Homeland Security shall submit a
report, containing the information described in paragraph (2),
to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the
provisions of sections 103 through 106;
(B) the amount of funds appropriated to carry out
the provisions of each of sections 103 through 106 that
have not been expended or obligated; and
(C) the state of public transportation security in
the United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 of each year, the
Secretary of Homeland Security shall submit a report to the
Governor of each State with a public transportation agency that
has received a grant under this title.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each
such public transportation agency; and
(B) the use of such grant funds.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to
be appropriated $2,370,000,000 for fiscal year 2007 to carry out the
provisions of section 104(a), which shall remain available until
expended.
(b) Operational Security Assistance Program.--There are authorized
to be appropriated to carry out the provisions of section 104(b)--
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) Intelligence.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of section 105.
(d) Research.--There are authorized to be appropriated $130,000,000
for fiscal year 2007 to carry out the provisions of section 106, which
shall remain available until expended.
SEC. 109. SUNSET PROVISION.
The authority to make grants under this title shall expire on
October 1, 2009.
TITLE II--IMPROVED RAIL SECURITY
SEC. 201. SHORT TITLE.
This title may be cited as the ``Rail Security Act of 2006''.
SEC. 202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, including the
Transportation Security Administration, the Department of
Transportation, and other appropriate agencies, to complete a
vulnerability and risk assessment of freight and passenger rail
transportation (encompassing railroads, as that term is defined
in section 20102(1) of title 49, United States Code). The
assessment shall include--
(A) a methodology for conducting the risk
assessment, including timelines, that addresses how the
Department of Homeland Security will work with the
entities describe in subsection (b) and make use of
existing Federal expertise within the Department of
Homeland Security, the Department of Transportation,
and other appropriate agencies;
(B) identification and evaluation of critical
assets and infrastructures;
(C) identification of vulnerabilities and risks to
those assets and infrastructures;
(D) identification of vulnerabilities and risks
that are specific to the transportation of hazardous
materials via railroad;
(E) identification of security weaknesses in
passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment; and
(F) an account of actions taken or planned by both
public and private entities to address identified rail
security issues and assess the effective integration of
such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching and car storage areas, other
rail infrastructure and facilities, information
systems, and other areas identified by the Secretary as
posing significant rail-related risks to public safety
and the movement of interstate commerce, taking into
account the impact that any proposed security measure
might have on the provision of rail service;
(B) deploying equipment to detect explosives and
hazardous chemical, biological, and radioactive
substances, and any appropriate countermeasures;
(C) training appropriate railroad or railroad
shipper employees in terrorism prevention, passenger
evacuation, and response activities;
(D) conducting public outreach campaigns on
passenger railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs
of measures that may be required to address those
risks.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the
freight and intercity passenger railroads, and State
and local governments, for the Federal government to
provide increased security support at high or severe
threat levels of alert;
(B) a plan for coordinating existing and planned
rail security initiatives undertaken by the public and
private sectors; and
(C) a contingency plan, developed in conjunction
with freight and intercity and commuter passenger
railroads, to ensure the continued movement of freight
and passengers in the event of an attack affecting the
railroad system, which shall contemplate--
(i) the possibility of rerouting traffic
due to the loss of critical infrastructure,
such as a bridge, tunnel, yard, or station; and
(ii) methods of continuing railroad service
in the Northeast Corridor in the event of a
commercial power loss, or catastrophe affecting
a critical bridge, tunnel, yard, or station.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment and developing the recommendations and plans required by
subsection (a), the Secretary of Homeland Security shall consult with
rail management, rail labor, owners or lessors of rail cars used to
transport hazardous materials, first responders, shippers of hazardous
materials, public safety officials, and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report containing the assessment,
prioritized recommendations, and plans required by subsection
(a) and an estimate of the cost to implement such
recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with the
Secretary of Transportation, shall update the assessment and
recommendations each year and transmit a report, which may be submitted
in both classified and redacted formats, to the Committees named in
subsection (c)(1), containing the updated assessment and
recommendations.
(e) Funding.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section $5,000,000 for fiscal year 2007.
SEC. 203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c) the Secretary of
Homeland Security, in consultation with the Assistant Secretary of
Homeland Security (Transportation Security Administration), is
authorized to make grants to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall disburse
funds to Amtrak provided under subsection (a) for projects contained in
a systemwide security plan approved by the Secretary of Homeland
Security. The plan shall include appropriate measures to address
security awareness, emergency response, and passenger evacuation
training.
(c) Equitable Geographic Allocation.--The Secretary shall ensure
that, subject to meeting the highest security needs on Amtrak's entire
system and consistent with the risk assessment required under section
202, stations and facilities located outside of the Northeast Corridor
receive an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--Out of funds appropriated pursuant to
section 114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security and the Assistant
Secretary of Homeland Security (Transportation Security Administration)
to carry out this section--
(1) $63,500,000 for fiscal year 2007;
(2) $30,000,000 for fiscal year 2008; and
(3) $30,000,000 for fiscal year 2009.
Amounts appropriated pursuant to this subsection shall remain available
until expended.
SEC. 204. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, is authorized to
make grants to Amtrak for the purpose of making fire and life-safety
improvements to Amtrak tunnels on the Northeast Corridor in New York,
NY, Baltimore, MD, and Washington, DC.
(b) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 102 of this Act, there shall be made available to
the Secretary of Transportation for the purposes of carrying out
subsection (a) the following amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $190,000,000 for fiscal year 2007;
(B) $190,000,000 for fiscal year 2008; and
(C) $190,000,000 for fiscal year 2009.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $19,000,000 for fiscal year 2007;
(B) $19,000,000 for fiscal year 2008; and
(C) $19,000,000 for fiscal year 2009.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $13,333,000 for fiscal year 2007;
(B) $13,333,000 for fiscal year 2008; and
(C) $13,333,000 for fiscal year 2009.
(c) Infrastructure Upgrades.--Out of funds appropriated pursuant to
section 102 of this Act, there shall be made available to the Secretary
of Transportation for fiscal year 2007 $3,000,000 for the preliminary
design of options for a new tunnel on a different alignment to augment
the capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made available
pursuant to this section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may not make
amounts available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1) and (2) of
subsection (e) and approve or disapprove the plans within 45 days after
the date on which each such plan is submitted by Amtrak. If the
Secretary determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the Secretary's
notification, submit a modified plan for the Secretary's review. Within
15 days after receiving additional information on items previously
included in the plan, and within 45 days after receiving items newly
included in a modified plan, the Secretary shall either approve the
modified plan, or, if the Secretary finds the plan is still incomplete
or deficient, the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security the portions of
the plan the Secretary finds incomplete or deficient, approve all other
portions of the plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions of the
plan.
(g) Financial Contribution From Other Tunnel Users.--The Secretary
shall, taking into account the need for the timely completion of all
portions of the tunnel projects described in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. 205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of Homeland Security
(Transportation Security Administration) and other appropriate
agencies, is authorized to make grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars used in the
transportation of hazardous materials, universities, colleges and
research centers, State and local governments (for rail passenger
facilities and infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities to prevent
or respond to acts of terrorism, sabotage, or other intercity passenger
rail and freight rail security vulnerabilities and risks identified
under section 202, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their resistance
to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 202, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under this
section are expended in accordance with the purposes of this Act and
the priorities and other criteria developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section 202, and shall encourage non-Federal financial
participation in awarding grants. With respect to grants for intercity
passenger rail security, the Secretary shall also take into account
passenger volume and whether a station is used by commuter rail
passengers as well as intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak under subsection (a) unless Amtrak meets the conditions
set forth in section 203(b) of this Act.
(e) Allocation Between Railroads and Others.--Unless as a result of
the assessment required by section 202 the Secretary of Homeland
Security determines that critical rail transportation security needs
require reimbursement in greater amounts to any eligible entity, no
grants under this section may be made--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 114(u)(2) of title 49, United States Code, there
shall be made available to the Secretary of Homeland Security to carry
out this section--
(1) $100,000,000 for fiscal year 2007;
(2) $100,000,000 for fiscal year 2008; and
(3) $100,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain
available until expended.
(g) High Hazard Materials Defined.--In this section, the term
``high hazard materials'' means quantities of poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia
that the Secretary, in consultation with the Secretary of
Transportation, determines pose a security risk.
SEC. 206. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary for Science
and Technology and the Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Secretary of Transportation shall carry out a research and development
program for the purpose of improving freight and intercity passenger
rail security that may include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical, biological,
and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car
or other rail car used to transport hazardous materials
and transmit information about the integrity of cars to
the train crew or dispatcher;
(B) research to improve tank car integrity, with a
focus on tank cars that carry high hazard materials (as
defined in section 205(g) of this Act; and
(C) techniques to transfer hazardous materials from
rail cars that are damaged or otherwise represent an
unreasonable risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section 202.
(b) Coordination With Other Research Initiatives.--The Secretary of
Homeland Security shall ensure that the research and development
program authorized by this section is coordinated with other research
and development initiatives at the Department of Homeland Security and
the Department of Transportation. The Secretary shall carry out any
research and development project authorized by this section through a
reimbursable agreement with the Secretary of Transportation, if the
Secretary of Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research and
development program, the Secretary may award grants to the entities
described in section 205(a) and shall adopt necessary procedures,
including audits, to ensure that grants made under this section are
expended in accordance with the purposes of this Act and the priorities
and other criteria developed by the Secretary.
(d) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 114(u)(4) of title 49, United States Code, there
shall be made available to the Secretary of Homeland Security to carry
out this section--
(1) $35,000,000 for fiscal year 2007;
(2) $35,000,000 for fiscal year 2008; and
(3) $35,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 207. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Homeland Security may
use up to 0.5 percent of amounts made available for capital projects
under the Rail Security Act of 2006 to enter into contracts for the
review of proposed capital projects and related program management
plans and to oversee construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available under
subsection (a) of this subsection to make contracts to audit and review
the safety, procurement, management, and financial compliance of a
recipient of amounts under this Act.
(c) Procedures for Grant Award.--The Secretary shall, within 90
days after the date of enactment of this Act, prescribe procedures and
schedules for the awarding of grants under this Act, including
application and qualification procedures (including a requirement that
the applicant have a security plan), and a record of decision on
applicant eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary and shall
be consistent, to the extent practicable, with the grant procedures
established under section 70107 of title 46, United States Code.
SEC. 208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date
of the enactment of the Rail Security Act of 2006, Amtrak shall submit
to the Chairman of the National Transportation Safety Board, the
Secretary of Transportation, and the Secretary of Homeland Security a
plan for addressing the needs of the families of passengers involved in
any rail passenger accident involving an Amtrak intercity train and
resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by Amtrak under
subsection (a) shall include, at a minimum, the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within Amtrak's control; that any
possession of the passenger within Amtrak's control will be
returned to the family unless the possession is needed for the
accident investigation or any criminal investigation; and that
any unclaimed possession of a passenger within Amtrak's control
will be retained by the rail passenger carrier for at least 18
months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation Safety
Board, the Secretary of Transportation, and Amtrak may not release any
personal information on a list obtained under subsection (b)(1) but may
provide information on the list about a passenger to the family of the
passenger to the extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable for
damages in any action brought in a Federal or State court arising out
of the performance of Amtrak in preparing or providing a passenger
list, or in providing information concerning a train reservation,
pursuant to a plan submitted by Amtrak under subsection (b), unless
such liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that Amtrak may take,
or the obligations that Amtrak may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to section 102
of the Rail Security Act of 2006, there shall be made available to the
Secretary of Transportation for the use of Amtrak $500,000 for fiscal
year 2007 to carry out this section. Amounts made available pursuant to
this subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end the
following:
``24316. Plan to assist families of passengers involved in rail
passenger accidents''.
SEC. 209. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), the Secretary of Transportation, heads of other
appropriate Federal departments, and agencies and the National Railroad
Passenger Corporation, shall transmit a report to the Senate Committee
on Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of Principle
for the Improved Security of Rail Shipments by Canadian
National Railway and Canadian Pacific Railway from Canada to
the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. 210. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and the
Secretary of Transportation, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of
railroad carriers, and nonprofit employee organizations that represent
rail workers, shall develop and issue detailed guidance for a rail
worker security training program to prepare front-line workers for
potential threat conditions. The guidance shall take into consideration
any current security training requirements or best practices.
(b) Program Elements.--The guidance developed under subsection (a)
shall include elements, as appropriate to passenger and freight rail
service, that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days after the
Secretary of Homeland Security issues guidance under subsection (a) in
final form, each railroad carrier shall develop a rail worker security
training program in accordance with that guidance and submit it to the
Secretary for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall review the
program and transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary for the program to meet the
guidance requirements. A railroad carrier shall respond to the
Secretary's comments within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary reviews
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall
review implementation of the training program of a representative
sample of railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security on the number of reviews
conducted and the results. The Secretary may submit the report in both
classified and redacted formats as necessary.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) as appropriate to reflect new or different
security threats. Railroad carriers shall revise their programs
accordingly and provide additional training to their front-line workers
within a reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, train operators,
other onboard employees, maintenance and maintenance support personnel,
bridge tenders, as well as other appropriate employees of railroad
carriers, as defined by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security shall
issue guidance and best practices for a rail shipper employee security
program containing the elements listed under subsection (b) as
appropriate.
SEC. 211. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49, United
States Code, is amended by inserting after section 20117 the following:
``Sec. 20118. Whistleblower protection for rail security matters
``(a) Discrimination Against Employee.--No rail carrier engaged in
interstate or foreign commerce may discharge a railroad employee or
otherwise discriminate against a railroad employee because the employee
(or any person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the Federal
Government information relating to a reasonably perceived
threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of the
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than 180 days
after it is filed. If the violation is a form of discrimination that
does not involve discharge, suspension, or another action affecting
pay, and no other remedy is available under this subsection, the Board,
division, delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more than
$20,000.
``(c) Procedural Requirements.--Except as provided in subsection
(b), the procedure set forth in section 42121(b)(2)(B) of this title,
including the burdens of proof, applies to any complaint brought under
this section.
``(d) Election of Remedies.--An employee of a railroad carrier may
not seek protection under both this section and another provision of
law for the same allegedly unlawful act of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20117 the following:
``20118. Whistleblower protection for rail security matters''.
SEC. 212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration) and the Secretary of
Transportation, shall require rail carriers transporting a high hazard
material, as defined in section 205(g) of this Act and of a quantity
equal or exceeding the quantities of such material listed in subpart
172.800, title 49, Federal Code of Regulations, to develop a high
hazard material security threat mitigation plan containing appropriate
measures, including alternative routing and temporary shipment
suspension options, to address assessed risks to high consequence
targets. The plan, and any information submitted to the Secretary under
this section shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49, United
States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier for the
shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe and specific intelligence of probable or
imminent threat exists towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high
hazard materials to the Secretary of Homeland Security
within 60 days after the date of enactment of this Act;
(B) develop and submit a high hazard material
security threat mitigation plan to the Secretary within
180 days after it receives the notice of high
consequence targets on such routes by the Secretary;
and
(C) submit any subsequent revisions to the plan to
the Secretary within 30 days after making the
revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad carrier
shall respond to the Secretary's comments within 30 days after
receiving them. Each rail carrier shall update and resubmit its
plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means a building,
buildings, infrastructure, public space, or natural resource
designated by the Secretary of Homeland Security that is viable
terrorist target of national significance, the attack of which
could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and
defense capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.
SEC. 213. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Similar to the public transportation
security annex between the two departments signed on September 8, 2005,
within 1 year after the date of enactment of this Act, the Secretary of
Transportation and the Secretary of Homeland Security shall execute and
develop an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, governing the specific roles,
delineations of responsibilities, resources and commitments of the
Department of Transportation and the Department of Homeland Security,
respectively, in addressing railroad transportation security matters,
including the processes the departments will follow to promote
communications, efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49, United
States Code, is amended by striking ``safety'' the first place it
appears, and inserting ``safety, including security,''.
SEC. 214. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Homeland Security and the Assistant Secretary of
Homeland Security (Transportation Security Administration), shall
review existing rail regulations of the Department of Transportation
for the purpose of identifying areas in which those regulations need to
be revised to improve rail security.
SEC. 215. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall develop a national plan for public outreach and
awareness. Such plan shall be designed to increase awareness of
measures that the general public, railroad passengers, and railroad
employees can take to increase railroad system security. Such plan
shall also provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing research and
development efforts, and available Federal funding sources to improve
railroad security. Not later than 9 months after the date of enactment
of this Act, the Secretary of Homeland Security shall implement the
plan developed under this section.
SEC. 216. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 206 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration), shall develop a
program that will encourage the equipping of rail cars
transporting high hazard materials (as defined in section
205(g) of this Act) in quantities equal to or greater than the
quantities specified in subpart 171.800 of title 49, Code of
Federal Regulations, with wireless terrestrial or satellite
communications technology that provides--
(A) car position location and tracking
capabilities;
(B) notification of rail car depressurization,
breach, or unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for rail car tracking at the Department of
Transportation; and
(B) ensure that the program is consistent with
recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.
(b) Funding.--Out of funds appropriated pursuant to section
114(u)(2) of title 49, United States Code, there shall be made
available to the Secretary of Homeland Security to carry out this
section $3,000,000 for each of fiscal years 2007, 2008, and 2009.
SEC. 217. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--Section
114 of title 49, United States Code, is amended by adding at the end
thereof the following:
``(u) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security, (Transportation
Security Administration) for rail security--
``(1) $206,500,000 for fiscal year 2007;
``(2) $168,000,000 for fiscal year 2008; and
``(3) $168,000,000 for fiscal year 2009.''.
(b) Department of Transportation.--There are authorized to be
appropriated to the Secretary of Transportation to carry out this title
and sections 20118 and 24316 of title 49, United States Code, as added
by this title--
(1) $225,000,000 for fiscal year 2007;
(2) $223,000,000 for fiscal year 2008; and
(3) $223,000,000 for fiscal year 2009.D23/
TITLE III--IMPROVED MARITIME SECURITY
SEC. 300. SHORT TITLE.
This title may be cited as the ``Maritime Security Improvement Act
of 2006''.
SEC. 301. ESTABLISHMENT OF ADDITIONAL INTERAGENCY OPERATIONAL CENTERS
FOR PORT SECURITY.
(a) In General.--In order to improve interagency cooperation, unity
of command, and the sharing of intelligence information in a common
mission to provide greater protection for port and intermodal
transportation systems against acts of terrorism, the Secretary of
Homeland Security, acting through the Commandant of the Coast Guard,
shall establish interagency operational centers for port security at
all high priority ports.
(b) Characteristics.--The interagency operational centers shall--
(1) be based on the most appropriate compositional and
operational characteristics of the pilot project interagency
operational centers for port security in Miami, Florida,
Norfolk/Hampton Roads, Virginia, Charleston, South Carolina,
and San Diego, California;
(2) be adapted to meet the security needs, requirements,
and resources of the individual port area at which each is
operating;
(3) provide for participation by representatives of the
United States Customs and Border Protection, the Transportation
Security Administration, the Department of Defense, and other
Federal agencies, as determined to be appropriate by the
Secretary of Homeland Security, and State and local law
enforcement or port security agencies and personnel; and
(4) be incorporated in the implementation of--
(A) maritime transportation security plans
developed under section 70103 of title 46, United
States Code;
(B) maritime intelligence activities under section
70113 of that title;
(C) short and long range vessel tracking under
sections 70114 and 70115 of that title;
(D) secure transportation systems under section
70116 of that title;
(E) the United States Customs and Border
Protection's screening and high-risk cargo inspection
programs; and
(F) the transportation security incident response
plans required by section 70104 of that title.
(c) 2005 Act Report Requirement.--Nothing in this section relieves
the Commandant of the Coast Guard from compliance with the requirements
of section 807 of the Coast Guard and Maritime Transportation Act of
2004. The Commandant shall utilize the information developed in making
the report required by that section in carrying out the requirements of
this section.
(d) Budget and Cost-Sharing Analysis.--Within 180 days after the
date of enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security a proposed
budget analysis for implementing subsection (a), including cost-sharing
arrangements with other Federal departments and agencies involved in
the interagency operation of the centers.
SEC. 302. AREA MARITIME TRANSPORTATION SECURITY PLAN TO INCLUDE SALVAGE
RESPONSE PLAN.
Section 70103(b)(2) of title 46, United States Code, is amended--
(1) by striking ``and'' after the semicolon in subparagraph
(E);
(2) by redesignating subparagraph (F) as subparagraph (G);
and
(3) by inserting after subparagraph (E) the following:
``(F) include a salvage response plan--
``(i) to identify salvage equipment capable
of restoring operational trade capacity; and
``(ii) to ensure that the flow of cargo
through United States ports is re-established
as efficiently and quickly as possible after a
transportation security incident.''.
SEC. 303. POST-INCIDENT RESUMPTION OF TRADE.
Section 70103(a)(2)(J) of title 46, United States Code, is amended
by inserting after ``incident.'' the following: ``The plan shall
provide, to the extent practicable, preference in the reestablishment
of the flow of cargo through United States ports after a transportation
security incident to--
``(i) vessels that have a vessel security plan
approved under subsection (c);
``(ii) vessels manned by individuals who are
described in section 70105(b)(2)(B) and who have
undergone a background records check under section
70105(d) or who hold transportation security cards
issued under section 70105; and
``(iii) vessels on which all the cargo has
undergone screening and inspection under standards and
procedures established under section 70116(b)(2) of
this title.''.
SEC. 304. ASSISTANCE FOR FOREIGN PORTS.
(a) In General.--Section 70109 of title 46, United States Code, is
amended--
(1) by striking the section heading and inserting the
following:
``Sec. 70109. International cooperation and coordination'' ; and
(2) by adding at the end the following:
``(c) Foreign Assistance Programs.--
``(1) In general.--The Secretary, in consultation with the
Secretary of Transportation, the Secretary of State, the
Secretary of Energy, and the Commandant of the United States
Coast Guard, shall identify foreign assistance programs that
could facilitate implementation of port security antiterrorism
measures in foreign countries. The Secretary shall establish a
program to utilize those programs that are capable of
implementing port security antiterrorism measures at ports in
foreign countries that the Secretary finds, under section
70108, to lack effective antiterrorism measures.
``(2) Caribbean basin.--The Secretary, in coordination with
the Secretary of State and in consultation with the
Organization of American States and the Commandant of the
United States Coast Guard, shall place particular emphasis on
utilizing programs to facilitate the implementation of port
security antiterrorism measures at the ports located in the
Caribbean Basin, as such ports pose unique security and safety
threats to the United States due to--
``(A) the strategic location of such ports between
South America and United States;
``(B) the relative openness of such ports; and
``(C) the significant number of shipments of
narcotics to the United States that are moved through
such ports.
``(d) International Cargo Security Standards.--The Secretary of
State, in consultation with the Secretary acting through the
Commissioner of Customs and Border Protection, shall enter into
negotiations with foreign governments and international organizations,
including the International Maritime Organization, the World Customs
Organization, the International Labor Organization, and the
International Standards Organization, as appropriate--
``(1) to promote standards for the security of containers
and other cargo moving within the international supply chain;
``(2) to encourage compliance with minimum technical
requirements for the capabilities of nonintrusive inspection
equipment, including imaging and radiation detection devices,
established under section 306 of the Maritime Security
Improvement Act of 2006;
``(3) to implement the requirements of the container
security initiative under section 70121; and
``(4) to implement standards and procedures established
under section 70116.''.
(b) Report on Security at Ports in the Caribbean Basin.--Not later
than 180 days after the date of enactment of this Act, the Comptroller
General shall submit to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of Representatives
Committee on Homeland Security a report on the security of ports in the
Caribbean Basin. The report--
(1) shall include--
(A) an assessment of the effectiveness of the
measures employed to improve security at ports in the
Caribbean Basin and recommendations for any additional
measures to improve such security;
(B) an estimate of the number of ports in the
Caribbean Basin that will not be secured by January 1,
2007, and an estimate of the financial impact in the
United States of any action taken pursuant to section
70110 of title 46, United States Code, that affects
trade between such ports and the United States; and
(C) an assessment of the additional resources and
program changes that are necessary to maximize security
at ports in the Caribbean Basin; and
(2) may be submitted in both classified and redacted
formats.
(c) Conforming Amendment.--The chapter analysis for chapter 701 of
title 46, United States Code, is amended by striking the item relating
to section 70901 and inserting the following:
``70901. International cooperation and coordination''.
SEC. 305. IMPROVED DATA FOR TARGETED CARGO SEARCHES.
(a) In General.--In order to provide the best possible data for the
automated targeting system developed and operated by United States
Customs and Border Protection under section 70116(b)(1) of title 46,
United States Code, that identifies high-risk cargo for inspection
before it is loaded in a foreign port for shipment to the United
States, the Secretary of Homeland Security, acting through the
Commissioner of Customs and Border Protection, shall require importers
shipping goods to the United States via cargo container to supply entry
data not later than 24 hours before loading a container under the
advance notification requirements under section 484(a)(2) of the Tariff
Act of 1930 (19 U.S.C. 1484(a)(2)).
(b) Deadline.--The requirement imposed under subsection (a) shall
apply to goods entered after July 1, 2006.
(c) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the
Secretary of Homeland Security to carry out the automated
targeting system program to identify high-risk oceanborne
container cargo for inspection--
(A) $30,700,000 for fiscal year 2007;
(B) $33,200,000 for fiscal year 2008; and
(C) $35,700,000 for fiscal year 2009.
(2) The amounts authorized by this subsection shall be in
addition to any other amounts authorized to be appropriated to
carry out that program.
SEC. 306. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE INSPECTION
EQUIPMENT.
Within 2 years after the date of enactment of this Act, the
Commissioner of Customs and Border Protection, in consultation with the
National Institute of Science and Technology, shall initiate a
rulemaking to establish minimum technical requirements for the
capabilities of nonintrusive inspection equipment, including imaging
and radiation detection devices, that help ensure that all equipment
used can detect risks and threats as determined appropriate by the
Secretary, while considering the need not to endorse specific companies
or to create sovereignty conflicts with participating countries.
SEC. 307. RANDOM INSPECTION OF CONTAINERS.
Within 1 year after the date of enactment of this Act, the
Commissioner of Customs and Border Protection shall develop and
implement a plan, utilizing best practices for empirical scientific
research design and random sampling standards for random physical
inspection of shipping containers in addition to any targeted or pre-
shipment inspection of such containers required by law or regulation or
conducted under any other program conducted by the Commissioner.
Nothing in this section shall be construed to mean that implementation
of the random sampling plan would preclude the additional physical
inspection of shipping containers not inspected pursuant to the plan.
SEC. 308. CARGO SECURITY.
(a) In General.--Chapter 701 of title 46, United States Code, is
amended--
(1) by redesignating the second section 70118 (relating to
withholding of clearance), as added by section 802(a)(2) of the
Coast Guard and Maritime Transportation Act of 2004, as section
70119;
(2) by redesignating the first section 70119 (relating to
enforcement by State and local officers), as added by section
801(a) of the Coast Guard and Maritime Transportation Act of
2004, as section 70120;
(3) by redesignating the second section 70119 (relating to
civil penalty), as redesignated by section 802(a)(1) of the
Coast Guard and Maritime Transportation Act of 2004, as section
70122; and
(4) by inserting after section 70120, as redesignated by
paragraph (2), the following:
``Sec. 70121. Container security initiative
``(a) In General.--Pursuant to the standards established under
subsection (b)(1) of section 70116--
``(1) the Secretary, through the Commissioner of Customs
and Border Protection, shall issue regulations to--
``(A) evaluate and screen cargo documents prior to
loading in a foreign port for shipment to the United
States, either directly or via a foreign port; and
``(B) inspect high-risk cargo in a foreign port
intended for shipment to the United States by physical
examination or nonintrusive examination by
technological means; and
``(2) the Commissioner of Customs and Border Protection
shall execute inspection and screening protocols with
authorities in foreign ports to ensure that the standards and
procedures promulgated under paragraph (1) are implemented in
an effective manner.
``(b) Extension of Container Security Initiative to Other Ports.--
The Secretary, through the Commissioner of Customs and Border
Protection, may designate foreign seaports under this section if, with
respect to any such seaport, the Secretary determines that--
``(1) the seaport--
``(A) presents a significant level of risk;
``(B) is a significant port or origin or
transshipment, in terms of volume or value, for cargo
being imported to the United States; and
``(C) is potentially capable of validating a secure
system of transportation pursuant to section 70116; and
``(2) the Department of State and representatives of the
country with jurisdiction over the port have completed
negotiations to ensure compliance with the requirements of the
container security initiative.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
``(1) $142,000,000 for fiscal year 2007;
``(2) $144,000,000 for fiscal year 2008; and
``(3) $146,000,000 for fiscal year 2009.''.
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, is amended by striking the items following
the item relating to section 70116 and inserting the following:
``70117. In rem liability for civil penalties and certain costs
``70118. Firearms, arrests, and seizure of property
``70119. Withholding of clearance
``70120. Enforcement by State and local officers
``70121. Container security initiative
``70122. Civil penalty''.
(2) Section 70117(a) of title 46, United States Code, is
amended by striking ``section 70120'' and inserting ``section
70122''.
(3) Section 70119(a) of such title, as redesignated by
subsection (a)(1) of this section, is amended--
(A) by striking ``under section 70119,'' and
inserting ``under section 70122,''; and
(B) by striking ``under section 70120,'' and
inserting ``under that section,''.
(4) Section 111 of the Maritime Transportation Security Act
of 2002 is repealed.
SEC. 309. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.
Section 70116 of title 46, United States Code, is amended--
(1) by striking ``transportation.'' in subsection (a) and
inserting ``transportation--
``(1) to ensure the security and integrity of shipments of
goods to the United States from the point at which such goods
are initially packed or loaded into a cargo container for
international shipment until they reach their ultimate
destination; and
``(2) to facilitate the movement of such goods through the
entire supply chain through an expedited security and clearance
program.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Program Elements.--In establishing and conducting the program
under subsection (a) the Secretary, acting through the Commissioner of
Customs and Border Protection, shall--
``(1) establish standards and procedures for verifying, at
the point at which goods are placed in a cargo container for
shipping, that the container is free of unauthorized hazardous
chemical, biological, or nuclear material and for securely
sealing such containers after the contents are so verified;
``(2) establish standards and procedures for screening and
evaluating cargo prior to loading in a foreign port for
shipment to the United States either directly or via a foreign
port;
``(3) establish standards and procedures for securing cargo
and monitoring that security while in transit;
``(4) develop performance standards to enhance the physical
security of shipping containers, including performance
standards for seals and locks;
``(5) establish standards and procedures for allowing the
United States Government to ensure and validate compliance with
this program; and
``(6) incorporate any other measures the Secretary considers
necessary to ensure the security and integrity of international
intermodal transport movements.
``(c) Benefits from Participation.--The Commissioner of Customs and
Border Protection may provide expedited clearance of cargo to an entity
that--
``(1) meets or exceeds the standards established under
subsection (b); and
``(2) certifies the security of its supply chain not less
often than once every 2 years to the Secretary.''.
SEC. 310. PORT SECURITY USER FEE STUDY.
The Secretary of Homeland Security shall conduct a study of the
need for, and feasibility of, establishing a system of oceanborne and
port-related intermodal transportation user fees that could be imposed
and collected as a dedicated revenue source, on a temporary or
continuing basis, to provide necessary funding for the improvement and
maintenance of enhanced port security. Within 1 year after date of
enactment of this Act, the Secretary shall submit a report to the
Senate Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security that--
(1) contains the Secretary's findings, conclusions, and
recommendations (including legislative recommendations if
appropriate); and
(2) includes an assessment of the annual amount of customs
fees and duties collected through oceanborne and port-related
transportation and the amount and percentage of such fees and
duties that are dedicated to improve and maintain security.
SEC. 311. DEADLINE FOR TRANSPORTATION SECURITY CARDS.
The Secretary shall issue a final rule under section 70105 of title
46, United States Code, no later than January 1, 2007.
SEC. 312. PORT SECURITY GRANTS.
(a) Basis for Grants.--Section 70107(a) of title 46, United States
Code, is amended by striking ``for making a fair and equitable
allocation of funds'' and inserting ``based on risk and
vulnerability''.
(b) Eligible Costs.--Section 70107(b) of title 46, United States
Code, is amended by striking paragraph (1) and redesignating paragraphs
(2) through (4) as paragraphs (1) through (3), respectively.
(c) Letters of Intent.--Section 70107(e) of title 46, United States
Code, is amended by adding at the end the following:
``(5) Letters of intent.--The Secretary may execute letters
of intent to commit funding to port sponsors from the Fund.''.
SEC. 313. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM SECURITY
VALIDATION PROGRAM.
(a) In General.--Chapter 701 of title 46, United States Code, as
amended by section 308 of this title, is further amended--
(1) by redesignating section 70122 (as redesignated by
section 538(a)(3) of this title) as section 70123; and
(2) by inserting after section 70121 the following:
``Sec. 70122. Customs-Trade Partnership Against Terrorism validation
program
``(a) Validation; Records Management.--The Secretary of Homeland
Security, through the Commissioner of Customs and Border Protection,
shall issue regulations--
``(1) to strengthen the validation process to verify that
security programs of members of the Customs-Trade Partnership
Against Terrorism have been implemented and that the program
benefits should continue by providing appropriate guidance to
specialists conducting such validations, including establishing
what level of review is adequate to determine whether member
security practices are reliable, accurate, and effective; and
``(2) to implement a records management system that
documents key decisions and significant operational events
accurately and in a timely manner, including a reliable system
for--
``(A) documenting and maintaining records of all
decisions in the application through validation
processes, including documentation of the objectives,
scope, methodologies, and limitations of validations;
and
``(B) tracking member status.
``(b) Human Capital Plan.--Within 6 months after the date of
enactment of the Maritime Security Improvement Act of 2006, the
Secretary shall complete a human capital plan, that clearly describes
how the Customs-Trade Partnership Against Terrorism program will
recruit, train, and retain sufficient staff to conduct the work of the
program successfully, including reviewing security profiles, vetting,
and conducting validations to mitigate program risk.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security to carry out section
70122 of title 49, United States Code, not to exceed--
(1) $60,000,000 for fiscal year 2007;
(2) $65,000,000 for fiscal year 2008; and
(3) $72,000,000 for fiscal year 2009.
(c) Conforming Amendments.--
(1) The chapter analysis for chapter 701 of title 46,
United States Code, as amended by section 308(b) of this title,
is further amended by striking the item relating to section
70122 and inserting the following:
``70122. Customs-Trade Partnership Against Terrorism validation
program
``70123. Civil penalty''.
(2) Section 70117(a) and 70119(a) of title 46, United
States Code, as amended by section 308(b)(2) and (3),
respectively, of this Act, are each amended by striking
``section 70122,'' and inserting ``section 70123,''.
SEC. 314. WORK STOPPAGES AND EMPLOYEE-EMPLOYER DISPUTES.
Section 70101(6) is amended by inserting after ``area.'' the
following: ``In this paragraph, the term `economic disruption' does not
include a work stoppage or other nonviolent employee-related action
resulting from an employee-employer dispute.''.
SEC. 315. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION SECURITY CARD.
Section 70105(c)(3) of title 46, United States Code, is amended by
inserting ``or a waiver under paragraph (2)'' after ``card''.
SEC. 316. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.
Within 120 days after the date of enactment of this Act, the
Secretary of Homeland Security, acting through the Commissioner of
Customs and Border Protection, in coordination with the Secretary of
State, and their Canadian counterparts, shall develop a plan for the
inspection of passengers and vehicles before such passengers board, or
such vehicles are loaded onto, a ferry bound for a United States port.
Calendar No. 430
109th CONGRESS
2d Session
S. 2791
_______________________________________________________________________
A BILL
To amend titles 46 and 49, United States Code, to provide improved
maritime, rail, and public transportation security, and for other
purposes.
_______________________________________________________________________
May 12, 2006
Read the second time and placed on the calendar
Introduced in Senate
Sponsor introductory remarks on measure. (CR S4473-4474)
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 430.
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