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







109th CONGRESS
  1st Session
                                S. 1052

      To improve transportation security, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2005

Mr. Stevens (for himself, Mr. Inouye, Mr. Rockefeller, Mr. Dorgan, Ms. 
   Snowe, Mrs. Boxer, Ms. Cantwell, Mr. Lautenberg, Mr. Pryor, Mrs. 
Clinton, and Mr. Schumer) introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
      To improve transportation security, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

                        Title I--Authorizations

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

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

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

Sec. 401. Background checks for drivers hauling hazardous 
                            materials.D23/
Sec. 402. Written plans for hazardous materials highway routing.
Sec. 403. Motor carrier high hazard material tracking.
Sec. 404. Truck leasing security training guidelines.
Sec. 405. Hazardous materials security inspections and enforcement.
Sec. 406. Pipeline security and incident recovery plan.
Sec. 407. Pipeline security inspections and enforcement.
Sec. 408. Memorandum of agreement.
Sec. 409. National public sector response system.
Sec. 410. Over-the-road bus security assistance.D23/
                  Title V--Improved Maritime Security

Sec. 501. Establishment of additional joint operational centers for 
                            port security.
Sec. 502. AMTS plan to include salvage response plan.
Sec. 503. Priority to certain vessels in post-incident resumption of 
                            trade.D23/
Sec. 504. Assistance for foreign ports.D23/
Sec. 505. Improved data used for targeted cargo searches.
Sec. 506. Increase in number of customs inspectors assigned overseas.
Sec. 507. Random inspection of containers.
Sec. 508. Cargo security.
Sec. 509. Secure systems of international intermodal transportation.
Sec. 510. Technology for maritime transportation security.
Sec. 511. Deadline for transportation security cards.
Sec. 512. Evaluation and report.
Sec. 513. Port security grants.
Sec. 514. Work stoppages and employee-employer disputes.
Sec. 515. Appeal of denial of waiver for transportation security card.

                        TITLE I--AUTHORIZATIONS

SEC. 101. TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZATION.

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

SEC. 102. DEPARTMENT OF TRANSPORTATION AUTHORIZATION.

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

SEC. 103. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

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

SEC. 104. INTERMODAL REGIONAL SECURITY MANAGERS.

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

SEC. 105. SECURITY THREAT ASSESSMENT COORDINATION POLICY.

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

SEC. 106. REORGANIZATIONS.

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

                  TITLE II--IMPROVED AVIATION SECURITY

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

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

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

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

SEC. 203. SCREENER TRAINING REVIEW.

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

SEC. 204. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

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

SEC. 205. REPAIR STATION SECURITY.

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

SEC. 206. WAIVER PROCESS FOR CERTAIN EMPLOYMENT DISQUALIFICATIONS.

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

                   TITLE III--IMPROVED RAIL SECURITY

SEC. 301. SHORT TITLE.

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

SEC. 302. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Vulnerability and risk assessment.--The Secretary of 
        Homeland Security shall establish a task force, including the 
        Transportation Security Administration, the Department of 
        Transportation, and other appropriate agencies, to complete a 
        vulnerability and risk assessment of freight and passenger rail 
        transportation (encompassing railroads, as that term is defined 
        in section 20102(1) of title 49, United States Code). The 
        assessment shall include--
                    (A) identification and evaluation of critical 
                assets and infrastructures;
                    (B) identification of vulnerabilities and risks to 
                those assets and infrastructures;
                    (C) identification of vulnerabilities and risks 
                that are specific to the transportation of hazardous 
                materials via railroad; and
                    (D) identification of security weaknesses in 
                passenger and cargo security, transportation 
                infrastructure, protection systems, procedural 
                policies, communications systems, employee training, 
                emergency response planning, and any other area 
                identified by the assessment.
            (2) Existing private and public sector efforts.--The 
        assessment shall take into account actions taken or planned by 
        both public and private entities to address identified security 
        issues and assess the effective integration of such actions.
            (3) Recommendations.--Based on the assessment conducted 
        under paragraph (1), the Secretary, in consultation with the 
        Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Secretary has for--
                    (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.
            (4) 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 and the 
        House of Representatives Committee on Transportation and 
        Infrastructure a report containing the assessment, prioritized 
        recommendations, and plans required by subsection (a) and an 
        estimate of the cost to implement such recommendations.
            (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 2006.

SEC. 303. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General--Subject to subsection (c) the Secretary of Homeland 
Security, in consulation with the Assistant Secretary of Homeland 
Security (Transportation Security Administration), is authorized to 
make grants to Amtrak--
            (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; and
            (7) to expand emergency preparedness efforts.
    (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, 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 2006;
            (2) $30,000,000 for fiscal year 2007; and
            (3) $30,000,000 for fiscal year 2008.
Amounts appropriated pursuant to this subsection shall remain available 
until expended.

SEC. 304. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--The Secretary of Transportation 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 2006;
                    (B) $190,000,000 for fiscal year 2007; and
                    (C) $190,000,000 for fiscal year 2008.
            (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 2006;
                    (B) $19,000,000 for fiscal year 2007; and
                    (C) $19,000,000 for fiscal year 2008.
            (3) For the Washington, DC, Union Station tunnels to 
        improve ventilation, communication, lighting, and passenger 
        egress upgrades--
                    (A) $13,333,000 for fiscal year 2006;
                    (B) $13,333,000 for fiscal year 2007; and
                    (C) $13,333,000 for fiscal year 2008.
    (c) Infrastructure Upgrades.--Out of funds appropriated pursuant to 
section 102 of this Act, there shall be made available to the Secretary 
of Transportation for fiscal year 2006 $3,000,000 for the preliminary 
design of options for a new tunnel on a different alignment to augment 
the capacity of the existing Baltimore tunnels.
    (d) Availability of Appropriated Funds.--Amounts made available 
pursuant to this section shall remain available until expended.
    (e) Plans Required.--The Secretary 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 and the House of 
Representatives Committee on Transportation and Infrastructure the 
portions of the plan the Secretary finds incomplete or deficient, 
approve all other portions of the plan, obligate the funds associated 
with those other portions, and execute an agreement with Amtrak within 
15 days thereafter on a process for resolving the remaining portions of 
the plan.
    (g) Financial Contribution From Other Tunnel Users.--The Secretary 
shall, taking into account the need for the timely completion of all 
portions of the tunnel projects described in subsection (a)--
            (1) consider the extent to which rail carriers other than 
        Amtrak use or plan to use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other rail carriers toward the costs of 
        the projects; and
            (3) obtain financial contributions or commitments from such 
        other rail carriers at levels reflecting the extent of their 
        use or planned use of the tunnels, if feasible.

SEC. 305. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

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

SEC. 306. RAIL SECURITY RESEARCH AND DEVELOPMENT.

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

SEC. 307. OVERSIGHT AND GRANT PROCEDURES.

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

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

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Rail Security Act of 2005, Amtrak shall submit 
to the Chairman of the National Transportation Safety Board and the 
Secretary of Transportation a plan for addressing the needs of the 
families of passengers involved in any rail passenger accident 
involving an Amtrak intercity train and resulting in a loss of life.
    ``(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 to 
any person information on a list obtained under subsection (b)(1) but 
may provide information on the list about a passenger to the family of 
the passenger to the extent that the Board or Amtrak considers 
appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Funding.--Out of funds appropriated pursuant to section 102 
of the Rail Security Act of 2005, there shall be made available to the 
Secretary of Transportation for the use of Amtrak $500,000 for fiscal 
year 2006 to carry out this section. Amounts made available pursuant to 
this subsection shall remain available until expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

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

SEC. 309. NORTHERN BORDER RAIL PASSENGER REPORT.

    Within 180 days after the date of enactment of this Act, the 
Secretary of Transportation, in consultation with the Secretary of 
Homeland Security, the Assistant Secretary of Homeland Security 
(Transportation Security Administration), heads of other appropriate 
Federal departments, and agencies and the National Railroad Passenger 
Corporation, shall transmit a report to the Senate Committee on 
Commerce, Science, and Transportation and the House of Representatives 
Committee on Transportation and Infrastructure that contains--
            (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 United 
        States Customs and Border Patrol rolling inspections onboard 
        international Amtrak trains.

SEC. 310. RAIL WORKER SECURITY TRAINING PROGRAM.

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

SEC. 311. WHISTLEBLOWER PROTECTION PROGRAM.

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

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

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

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and the Secretary of 
Transportation, shall require rail carriers transporting a high hazard 
material, as defined in section 305(g) of this Act and of a quantity 
equal or exceeding the quantities of such material listed in subpart 
172.800, title 49, Federal Code of Regulations, to develop a high 
hazard material security threat mitigation plans containing appropriate 
measures, including alternative routing and temporary shipment 
suspension options, to address assessed risks to high consequence 
targets.
    (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; 
                and
                    (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.
            (2) Review and updates.--The Secretary, with assistance of 
        the Secretary of Transportation, shall review and approve the 
        plans. Each rail carrier shall update and resubmit its plan for 
        review not less than every 2 years.
    (d) Definitions.--In this section:
            (1) The term ``high-consequence target'' means a building, 
        buildings, infrastructure, public space, or natural resource 
        designated by the Secretary of Homeland Security that is viable 
        terrorist target of national significance, the attack of which 
        could result in--
                    (A) catastrophic loss of life; and
                    (B) significantly damaged national security and 
                defense capabilities; or
                    (C) national economic harm.
            (2) The term ``catastrophic impact zone'' means the area 
        immediately adjacent to, under, or above an active railroad 
        right-of-way used to ship high hazard materials in which the 
        potential release or explosion of the high hazard material 
        being transported would likely cause--
                    (A) loss of life; or
                    (B) significant damage to property or structures.
            (3) The term ``rail carrier'' has the meaning given that 
        term by section 10102(5) of title 49, United States Code.

SEC. 313. MEMORANDUM OF AGREEMENT.

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

SEC. 314. RAIL SECURITY ENHANCEMENTS.

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

SEC. 315. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

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

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

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

SEC. 317. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

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

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

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

SEC. 319. 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 Transportation shall implement the plan 
developed under this section.

SEC. 320. RAILROAD HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications.--
            (1) In general.--Within 6 months after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        develop a program that will encourage the equipping of rail 
        cars transporting high hazard materials (as defined in section 
        305(g) of this Act) in quantities equal to or greater than the 
        quantities specified in subpart 171.800 of title 49, Code of 
        Federal Regulations, with wireless terrestrial or satellite 
        communications technology that provides--
                    (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 Homeland Security 
                and the Assistant Secretary of Homeland Security 
                (Transportation Security Administration) to coordinate 
                the program with any ongoing or planned efforts for 
                rail car tracking at the Department of Homeland 
                Security; and
                    (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 102 of 
this Act, there shall be made available to the Secretary of Homeland 
Security through the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to carry out this section 
$3,000,000 for each of fiscal years 2006, 2007, and 2008.

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

SEC. 401. BACKGROUND CHECKS FOR DRIVERS HAULING HAZARDOUS MATERIALS.

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

SEC. 402. WRITTEN PLANS FOR HAZARDOUS MATERIALS HIGHWAY ROUTING.

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

SEC. 403. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

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

SEC. 404. TRUCK LEASING SECURITY TRAINING GUIDELINES.

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

SEC. 405. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.

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

SEC. 406. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

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

SEC. 407. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

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

SEC. 408. MEMORANDUM OF AGREEMENT.

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

SEC. 409. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

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

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

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

                  TITLE V--IMPROVED MARITIME SECURITY

SEC. 501. ESTABLISHMENT OF ADDITIONAL JOINT 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 joint operational centers for port security at all Tier 
1 ports to the extent practicable within 2 years ater the date of 
enactment of this Act.
    (b) Characteristics.--The joint operational centers shall--
            (1) be based on the most appropriate compositional and 
        operational characteristics of the pilot project joint 
        operational centers for port security in Miami, Florida, 
        Norfolk/Hampton Roads, Virginia, Charleston, South Carolina, 
        and San Diego, California;
            (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 the United States Customs 
        and Border Protection Agency, the Transportation Security 
        Administration, the Department of Defense, and other Federal 
        agencies, as determined to be appropriate by the Secretary of 
        Homeland Security, and State and local law enforcement or port 
        security agencies and personnel; and
            (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 Bureau of 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 and the House 
of Representatives Committee on Transportation and Infrastructure a 
proposed budget analysis for implementing subsection (a), including 
cost-sharing arrangements with other Federal departments and agencies 
involved in the joint operation of the centers.

SEC. 502. AMTS PLAN TO INCLUDE SALVAGE RESPONSE PLAN.

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

SEC. 503. PRIORITY TO CERTAIN VESSELS IN 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); and
                    ``(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.''.D23/

SEC. 504. ASSISTANCE FOR FOREIGN PORTS.

    (a) In General.--Section 70109 of title 46, United States Code, is 
amended--
            (1) by adding at the end the following:
    ``(c) Foreign Assistance Programs.--
            ``(1) In general.--The Administrator of the Maritime 
        Administration, in coordination with the Secretary of State and 
        the Secretary of Energy, shall identify foreign assistance 
        programs that could facilitate implementation of port security 
        antiterrorism measures in foreign countries. The Administrator 
        and the Secretary shall establish a program to utilize those 
        programs that are capable of implementing port security 
        antiterrorism measures at ports in foreign countries that the 
        Secretary finds, under section 70108, to lack effective 
        antiterrorism measures.
            ``(2) Caribbean basin.--The Administrator, in coordination 
        with the Secretary of State and in consultation with the 
        Organization of American States, shall place particular 
        emphasis on utilizing programs to facilitate the implementation 
        of port security antiterrorism measures at the ports located in 
        the Caribbean Basin, as such ports pose unique security and 
        safety threats to the United States due to--
                    ``(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.''.
    (b) Report on Security at Ports in the Caribbean Basin.--Not later 
than 60 days after the date of enactment of this Act, the Secretary of 
Homeland Security shall submit to the Committee on Commerce, Science, 
and Transportation of the Senate and Committee on Transportation and 
Infrastructure of the House of Representatives a report on the security 
of ports in the Caribbean Basin. The report shall include the 
following:
            (1) An assessment of the effectiveness of the measures 
        employed to improve security at ports in the Caribbean Basin 
        and recommendations for any additional measures to improve such 
        security.
            (2) An estimate of the number of ports in the Caribbean 
        Basin that will not be secured by January 1, 2006, and an 
        estimate of the financial impact in the United States of any 
        action taken pursuant to section 70110 of title 46, United 
        States Code, that affects trade between such ports and the 
        United States.
            (3) An assessment of the additional resources and program 
        changes that are necessary to maximize security at ports in the 
        Caribbean Basin.D23/

SEC. 505. IMPROVED DATA USED FOR TARGETED CARGO SEARCHES.

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

SEC. 506. INCREASE IN NUMBER OF CUSTOMS INSPECTORS ASSIGNED OVERSEAS.

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

SEC. 507. RANDOM INSPECTION OF CONTAINERS.

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

SEC. 508. CARGO SECURITY.

    (a) In General.--Chapter 701 of title 46, United States Code, is 
amended--
            (1) by redesignating the second section 70118 (relating to 
        firearms, arrests, and seizure of property), as added by 
        section 801(a) of the Coast Guard and Maritime Transportation 
        Act of 2004, as section 70119;
            (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 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 of Homeland Security shall promulgate 
        standards and procedures for--
                    ``(A) the inspection of cargo in a foreign port 
                intended for shipment to the United States by physical 
                examination or nonintrusive examination by 
                technological means; and
                    ``(B) evaluating and screening cargo prior to 
                loading in a foreign port for shipment to the United 
                States, either directly or via a foreign port; and
            ``(2) the Commissioner of Customs and Border Protection 
        shall--
                    ``(A) execute inspection and screening protocols 
                with authorities in foreign ports to ensure that the 
                standards and procedures promulgated under paragraph 
                (1) are implemented in an effective manner; and
                    ``(B) in consultation with the Transportation 
                Security Oversight Board, develop and maintain an 
                antiterrorism cargo identification, tracking, and 
                screening system for containerized cargo shipped to and 
                from the United States, either directly or via a 
                foreign port.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security such sums as may be 
necessary to carry out this section.''.
    (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. Withholding of clearance
        ``70119. Firearms, arrests, and seizure of property
        ``70120. Enforcement by State and local officers
        ``70121. Container security initiative
        ``70122. Civil penalty''.
            (2) Section 70117(a) of title 46, United States Code, as 
        redesignated by subsection (a)(3) of this section, is amended 
        by striking ``section 70120'' and inserting ``section 70122''.
            (3) Section 70118(a) of such title is amended by striking 
        ``under section 70120,'' and inserting ``under that section,''.
            (4) Section 111 of the Maritime Transportation Security Act 
        of 2002 is repealed.

SEC. 509. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL TRANSPORTATION.

    (a) In General.--Section 70116(a) of title 46, United States Code, 
is amended--
            (1) by striking ``transportation.'' 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 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.''.
    (b) Program Enhancements.--Section 70116(b) of title 46, United 
States Code, is amended to read as follows:
    ``(b) Program Elements.--In establishing and conducting the program 
under subsection (a) the Assistant Secretary 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 securing cargo 
        and monitoring that security while in transit from the point at 
        which it is loaded to the point at which it is finally 
        unloaded;
            ``(3) develop performance standards to enhance the physical 
        security of shipping containers, including performance 
        standards for seals and locks as part of the container security 
        initiative;
          ``(4) establish standards and procedures for allowing the 
        United States Government to ensure and validate compliance with 
        this program; and
          ``(5) incorporate any other measures the Assistant Secretary 
        considers necessary to ensure the security and integrity of 
        international intermodal transport movements.''.
    (c) Port Security User Fee Study.--The Secretary of Homeland 
Security shall conduct a study of the feasibility and desirability of 
establishing a system of oceanborne and port-related intermodal 
transportation user fees that could be imposed and collected as a 
dedicated revenue source, on a temporary or continuing basis, to 
provide necessary funding for the improvement and maintenance of 
enhanced port security. The Assistant Secretary shall submit a report 
containing the Assistant Secretary's findings, conclusions, and 
recommendations (including legislative recommendations if appropriate) 
to the Senate Committee on Commerce, Science, and Transportation and 
the House of Representatives Committee on Transportation and 
Infrastructure within 1 year after date of enactment of this Act.

SEC. 510. TECHNOLOGY FOR MARITIME TRANSPORTATION SECURITY.

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

``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

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

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

SEC. 511. DEADLINE FOR TRANSPORTATION SECURITY CARDS.

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

SEC. 512. EVALUATION AND REPORT.

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

SEC. 513. 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) 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.''.D23/

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

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

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

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