[Congressional Record Volume 151, Number 65 (Tuesday, May 17, 2005)]
[Senate]
[Pages S5306-S5321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 1052. A bill to improve transportation security, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. STEVENS. Mr. President, I am pleased to join my good friend, 
Senator Inouye, Co-Chairman of the Commerce Committee, and several of 
our colleagues, today in introducing the ``Transportation Security 
Improvement Act of 2005.'' The Commerce Committee is committed to 
fulfilling its oversight responsibilities with respect to the security 
of all major modes of transportation.
  It has been four years since Congress enacted landmark aviation and 
maritime transportation security laws after the September 11 attacks. 
We must remain diligent in carrying out our responsibility to secure 
the Nation's domestic transportation system so as to ensure consumer 
trust and the uninterrupted flow of commerce. Recent reorganizations 
and budgetary decisions affecting the Transportation Security 
Administration (TSA) have effectively marginalized maritime and surface 
transportation security, suggested re-privatization of aviation 
security, and offered inadequate funding for the security of all modes.
  The bill that we introduce today recognizes transportation security 
as a national security function and an economic necessity. The 
legislation would address security vulnerabilities that exist within 
our aviation, maritime, rail, and surface transportation systems. More 
specifically, the bill would, among other things: make notable changes 
to aviation security policy, including prohibiting the Administration 
from increasing passenger fees without the approval of Congress; 
eliminate the existing cap of 45,000 full time equivalent aviation 
security screening employees; enhance maritime cargo security by 
improving the examination of shipments before they reach U.S. shores; 
require TSA to conduct a railroad sector threat assessment and submit 
prioritized recommended solutions for improving rail security; make 
improvements to bus and motor carrier security by subjecting foreign 
commercial drivers transporting hazardous materials into the U.S. to 
submit to security background checks; and encourage the deployment of 
rail car tracking equipment for high-hazard materials rail shipments.
  This is an important first step toward bolstering our nation's 
security with respect to transportation and I

[[Page S5307]]

look forward to working with Senator Inouye, as well as the Department 
of Homeland Security, DOT, and private industry, on this legislation in 
committee and on the Senate floor.
  Mr. INOUYE. Mr. President, I rise as a leading co-sponsor of the 
Transportation Security Improvement Act of 2005 introduced today by my 
colleague and Chairman, Ted Stevens, along with Senators Jay 
Rockefeller, Olympia Snowe, Frank Lautenberg, Byron Dorgan, Barbara 
Boxer, Maria Cantwell, Mark Pryor, Hillary Clinton, and Chuck Schumer.
  Nearly 4 years after the enactment of landmark aviation and maritime 
security laws, it is time to build upon that foundation, make needed 
improvements and enhancements to our transportation security efforts 
across all modes, and reestablish the requisite funding levels. Most 
importantly, we must restore the sense of urgency that is essential if 
we are to keep our transportation systems, and our economy, strong, 
vibrant, and secure. We have worked hard to develop this legislation, 
and we will continue to improve it with the assistance of committee 
members and the Department of Homeland Security as we move forward 
through the legislative process.
  Over the past 3\1/2\ years, the administration and Congress have 
slowly lost the sense of immediacy that once allowed us to recognize 
that transportation security is a matter of national security. The 
administration's budget and priorities indicate that they are 
overlooking glaring security vulnerabilities, disregarding the 
continuing threats and risks that are reported almost daily, and 
underestimating the economic consequences that would undoubtedly result 
from another attack on our transportation systems. I am hopeful that 
the new leadership will reinvigorate transportation security.
  The economic importance of those systems can hardly be overstated: 95 
percent of the Nation's cargo comes through the ports; our rail system 
and our motor carriers move all of those goods from our coasts and 
borders throughout the interior U.S. to retail outlets and 
manufacturers that rely on on-time delivery; our aviation system 
carried 629.7 million domestic passengers during 2004 and averaged 1.5 
million enplanements per day in January this year; approximately 24 
million passengers ride Amtrak annually, and there are nearly 3.4 
billion passenger and commuter rail trips in this country each year. 
The loss of our aviation system for just 4 days after the September 
11th attacks sent shockwaves through the economy that are still being 
felt today. The al Qaida attack on the passenger trains in Madrid, 
Spain, killing nearly 200 people and injuring 1,800, unfortunately 
proved that railroads are vulnerable targets for terrorists. If there 
is an incident at any one seaport, the whole system for moving cargo 
into and out of the country would screech to a halt, as we scramble to 
ensure security at other ports. In addition to the horrible loss of 
life, the resulting economic damage would be widespread, catastrophic 
and possibly irreversible. We cannot afford to risk this kind of damage 
due to a lack of preparedness and forethought.
  The terrorists that seek to do us harm are cunning, dynamic, and most 
of all, patient. While they have not successfully struck our homeland 
since September 11, 2001, it does not mean that they are not preparing 
to do so. They work 24 hours a day, studying what we do and how we do 
it. It is imperative that we stay ahead of them. That means we must 
constantly anticipate, innovate, and plan. We must continually research 
and implement the most effective technologies. We must recruit, train 
and deploy the most skilled security force. Simply put, our entire 
economy relies on a well-functioning, secure, transportation system. It 
is in our greatest economic interest to ensure that this system, and 
the passengers and cargo that use it, are well protected. And, in 
keeping with transportation security's impact on the nation's physical 
and economic security, it is the responsibility of the federal 
government to properly finance that protection.
  Following passage of our new aviation security laws, the 
Transportation Security Administration, TSA, was assembled quickly, 
presented with an enormous task, and expected to produce immediate 
results. It has performed admirably, despite the administration's near-
constant reorganization of the agency with little to no input from 
Congress. While we take seriously recent reports about financial 
mismanagement and the limits of the human capacity to detect security 
breaches, we cannot and must not use these inadequacies as 
justification to cast aside the critical work of this agency. There are 
some in Congress that have never been comfortable with the new Federal 
role in transportation security, and they look to every negative report 
to help usher in a return to private security screening companies. We 
contend, however, that transportation security must not be judged only 
by the bottom-line commercial pressures of the private sector. 
Transportation security is a unique national security function and an 
economic necessity, and like our national defense, it must remain a 
primary responsibility of the federal government.
  The need for Congressional action to secure all forms of 
transportation infrastructure across the country remains essential, and 
I, along with many of my colleagues on the Senate Commerce Committee, 
have expressed great reservations about the direction our Nation is now 
headed on matters of transportation security.
  As I noted during the Senate's consideration of the nomination of 
Michael Chertoff to be the Secretary of the Department of Homeland 
Security, the administration's budget demonstrates the lost sense of 
urgency. It shifts critical work away from the TSA. It erodes the 
Agency's limited focus and accountability. It undermines the 
effectiveness of our maritime and land security efforts. It underfunds 
efforts across all modes, but particularly port and rail.
  The legislation we are introducing today renews the importance and 
commitment transportation security deserves. It identifies the 
numerous, lingering shortcomings that currently exist, re-dedicates our 
efforts on maritime and surface transportation security, and provides 
the guidance necessary to adequately defend the nation's 
infrastructure.
  The TSA should not focus almost exclusively on aviation, nor should 
it be transformed into a glorified, security screener training and 
placement agency. The TSA is essential, and it possesses critical 
expertise that must be cultivated and put to proper use. We believe 
that the TSA, as outlined by our bill, can and will be the difference 
between a flourishing economy fueled by smooth-running 
transportation systems and an economy crippled by transportation 
systems that could fall victim to terrorist attacks.

  As such, the Transportation Security Improvement Act of 2005 will 
authorize the TSA for the next 3 fiscal years and re-dedicate the 
agency to its mission of providing specialized security for all modes 
of transportation. It provides further direction to the agency's cargo 
security functions, strengthens aviation, maritime, rail, hazardous 
materials, and pipeline security efforts, and enhances interagency 
cooperation. While the proposal incorporates several Commerce Committee 
and Senate-passed bills or initiatives from the prior Congress, it also 
puts forth new ideas to enhance transportation security across all 
modes.
  We recognize that Secretary Chertoff has had only a short time to 
make changes and that his comprehensive review is pending. Our 
legislation provides the flexibility necessary to address his findings 
and prerogatives. However, it is incumbent upon Congress to provide 
guidance and clarify the expectations.
  On the matter of port security, our legislation seeks to improve 
interagency cooperation with the further development of joint operation 
command centers. It clarifies the roles and responsibilities for cargo 
security programs, while establishing criteria for contingency response 
plans to resume the flow of commerce in the event of a seaport attack. 
By setting a minimum floor for research and development funding related 
to maritime and land security, the bill further encourages the 
development of effective technologies that detect terrorist threats. 
Conversely, the administration has

[[Page S5308]]

continued to consolidate critical infrastructure grant programs, which 
we believe will effectively decrease funding for port security and 
eliminate the appropriate expertise necessary to review grant proposals 
and distribute the funds accordingly.
  In addressing aviation security, we continue to be concerned that 
current budget proposals diminish the TSA's authority and squander its 
expertise. Airport directors are still struggling to receive the 
technological and capital improvements that would increase the 
efficiency and effectiveness of the current security system and lower 
costs considerably. Instead of addressing these shortcomings with 
aggressive support, the administration has chosen to place a greater 
burden on the airlines through increased security fees at the same 
moment that the carriers are facing the most difficult financial period 
in their history. Not only has the industry lost more than $30 billion 
cumulatively since 2000, the Federal government has had to bail out the 
carriers twice. Increasing the carriers' financial burden is ill 
conceived and counterproductive.
  Quietly but consistently, we also hear of some of our colleagues' 
desire to return to the same privatized security apparatus that proved 
disastrously inadequate on September 11, 2001. These efforts are short-
sighted, defy our experience, and will reverse much of the progress we 
have made since September 11. Those seeking to return to the old 
system, at times, claim that the system is no better than pre-September 
11. We all know that is not the case. We also know that with new 
technology, we can improve screener performance. There is no doubt that 
human factors limit the capabilities of screeners, but as we fund and 
deploy new equipment, the security system will continue to improve. Our 
bill seeks to enhance the current screener workforce by directing a 
more appropriate use of the TSA's resources and through improved 
training. It would also stimulate efforts to streamline and improve 
collections of existing airline and passenger security fees to promote 
a more efficient and healthy aviation industry.
  On rail security, our legislation will incorporate an updated version 
of the Rail Security Act of 2004, which the Senate passed by unanimous 
consent last year. It features new efforts to ensure the security of 
hazardous materials that are shipped by rail and improves security 
training and awareness for our railroad workers and the public. The 
tragic events in Madrid, Spain, demonstrated to all of us the clear 
threats to our rail system. We have already been warned publicly twice 
by the FBI that al Qaida may be directly targeting U.S. passenger 
trains and that their operatives may try to destroy key rail bridges 
and sections of track to cause derailments. The rail threat assessment 
required by our legislation and the grant programs and other measures 
designed to respond to those threats will strengthen our ability to 
address them. Until we pass a rail security package, this body is 
failing its responsibility to try to secure our national transportation 
system. We owe it to the American people to strengthen the security of 
our passenger and freight railroads.
  To address the security needs of our other surface transportation 
modes, the proposal will include funding to improve intercity bus 
security, strengthen hazardous material transportation security 
efforts, establish new security guidelines for truck rental and leasing 
operations, and develop pipeline security incident recovery plans. Such 
action is long overdue as the administration has consistently failed to 
develop dedicated programs, much less financial support, for rail and 
other surface transportation security efforts.
  We have reached a critical juncture for transportation security in 
the United States and the steps that we take in the coming months will 
impact our safety, security and one of our most essential freedoms--
movement--for years to come. We must commit ourselves to ensuring that 
our transportation security remains a priority and is as strong and 
effective as possible. I believe the Transportation Security 
Improvement Act of 2005 will continue to move us in that direction.
  Mr. ROCKEFELLER. Mr. President, it is my honor today to join the 
distinguished cochairmen of the Senate Commerce, Science, and 
Transportation Committee, Senators Ted Stevens and Daniel Inouye, along 
with our colleagues Senators Byron Dorgan, Frank Lautenberg, Mark 
Pryor, Barbara Boxer, Maria Cantwell, Hillary Clinton, and Chuck 
Schumer, to introduce the Transportation Security Improvements Act of 
2005. This is a vitally important contribution to the security of all 
Americans, and I commend it to my colleagues for their consideration.
  The Transportation Security Improvements Act will increase 
authorizations for the Transportation Security Administration, TSA, by 
more than $19 billion through fiscal year 2008, and will forthrightly 
address continuing vulnerabilities in the security of our various 
transportation modes that Congress and the administration have as yet 
virtually ignored.
  Americans were shocked to learn just how lax our aviation security 
was on September 11. Even those terrorists on official Government watch 
lists, who should have been barred from entering the United States, 
were able to board planes that they then turned into weapons without 
any significant interference from airport security staffs. As a wounded 
Nation tried to overcome the horrors of that day, Congress immediately 
went about fixing what was so obviously wrong with our aviation 
security.
  Now, as we approach the fourth anniversary of that fateful day, 
Americans are regaining their confidence about aviation security. There 
is still work to be done, and my colleagues and I endeavor in this bill 
to further secure air travel. Still, we have done much to improve 
domestic aviation security by improving the security procedures we 
demand of airlines and airport personnel both here and abroad. We need 
to remain vigilant and avoid the inexcusable error of believing we have 
done all that needs to be done. We must act with the knowledge that our 
enemies will continue to probe the system they so successfully breached 
in 2001 to find new and additional opportunities to kill and terrorize 
Americans.
  What my colleagues and I also have realized for some time is that in 
devoting our energy and resources to aviation security we have been, in 
a manner of speaking, ``fighting the last war.'' While the aviation 
sector is prepared for today's threats, congressional action regarding 
the level of security of our other transportation modes is not much 
changed from the blissfully naive standards of September 10.
  To be fair, industries in the other transportation modes have worked 
hard to improve the security of their respective sectors. The 
relatively little money Congress and the administration have dedicated 
to improving transportation security has been put to good use. Industry 
and Government working together, even given the overwhelming scope of 
the threat, have improved transportation security and protected the 
lives and property of Americans. We just have not done enough.
  The Transportation Security Improvements Act seeks to make overdue 
improvements to the overall security of this Nation's vast 
transportation infrastructure. Our bill addresses the security 
practices and requirements of our Nation's freight and passenger rail 
network, as well as those of our ocean-going and inland ports, the 
trucking industry, intercity buses, and the special risks of hazardous 
materials transportation, regardless of the mode of transportation. It 
makes the TSA responsible for coordinating international and domestic 
cargo security. It calls on TSA to work cooperatively with stakeholders 
in the various transportation modes on preparedness and incident 
response, and establishes new maritime and land security command 
procedures. Perhaps most importantly, we acknowledge the need of TSA 
management to deploy such human resources as it sees fit to protect 
Americans' lives and property, and it removes the current statutory cap 
on the agency of 45,000 full-time employees.
  To continue the TSA's efforts to improve aviation security, our bill 
authorizes $15.75 billion over the next 3 fiscal years to fully fund 
key security programs to defend our Nation's air transportation system. 
In lieu of recent reports regarding the performance of the airport 
screening workforce, our bill could not be more timely. We have

[[Page S5309]]

included provisions to provide TSA greater flexibility in meeting the 
staffing needs of screening checkpoints through elimination of an 
arbitrary staffing cap that was put in place shortly after the agency 
was created, while also requiring TSA to review the adequacy of 
recurrent training for these employees. With the difficult economic 
environment currently faced by the airline industry, the bill takes 
steps to relieve the carriers of some of the burden that they face 
through collection of these fees. We would prohibit increasing aviation 
security fees without Congressional review and approval, while 
requiring TSA to consider alternative means of collecting such fees. 
Finally, the bill prohibits the certification of any foreign repair 
stations until TSA and FAA strengthen the oversight of such facilities 
by reviewing, auditing and developing regulations to ensure an adequate 
level of safety and security.
  To dramatically improve maritime and land security, we increase 
funding by $1.099 billion to develop and implement cargo screening and 
inspection standards, with special attention given to high-risk 
cargoes. We authorize 10 additional Joint Operation Command Centers to 
supplement the current positive interagency and public-private 
cooperation at our ports. We streamline procedures for foreign vessels 
and those with Coast Guard-certified security plans, require funding 
for port security technology improvements, and impose a January 2006 
deadline for development of a comprehensive Transportation Worker 
Identification Credentialing Program.
  We assist our railroads and hazardous materials shippers in 
maintaining and improving security along the Nation's nearly 150,000 
miles of freight and passenger rail infrastructure. We increase rail 
security funding by nearly $800 million over 3 years, and with those 
funds require the TSA to conduct a comprehensive security threat 
assessment that I first advocated in October 2001. We authorize grants 
to Amtrak and our freight railroads for overall security improvements, 
and establish a revamped security training program for railroad 
employees. Our legislation would allow Amtrak to make specific and 
long-overdue security improvements along its well-traveled Northeast 
corridor, and it authorizes development of baggage, passenger, and 
cargo screening programs, as well as reviews of procedures used by 
foreign railroads and research into additional improvements.
  We seek in this legislation to improve the security of the highway 
system that is the envy of the world. Our bill makes it a priority to 
better protect and address the unique security vulnerabilities of 
intercity buses and their passengers. This is a topic first brought to 
the attention of Congress by our former colleague Max Cleland, and 
which I hope we can now see enacted into law as a rightful part of his 
legacy of service to this country. We further seek to improve highway 
security by imposing the same level of background checks on foreign 
drivers transporting hazardous materials as we already require of 
American drivers. We require vehicles carrying hazardous materials to 
be equipped with wireless communications equipment, and that their 
drivers have established plans for the use of alternate routes. We 
provide funding for the TSA to conduct security inspections of our 
pipeline network, to develop a pipeline incident response plan, and to 
analyze the security plans in place for hazmat carriers. We create a 
public sector response center, and provide for the distribution of 
emergency wireless communications equipment to first responders, hazmat 
carriers, and TSA personnel.
  Our constituents have sent us here, first and foremost, to protect 
them. The ruthless attacks of September 11, 2001, exposed inexcusable 
gaps in our efforts in that regard. At a time when the air in this city 
is acrid with accusation and acrimony, I ask my colleagues to consider 
this legislation a priority for quick passage, and an example of the 
good work this institution can do when we remember why Americans 
elected us. I ask my colleagues to join us in this effort, and I ask 
the majority leader to find time on the Senate Calendar for its 
expeditious consideration by the full Senate.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1052

       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.
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.

                  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.
Sec. 504. Assistance for foreign ports.
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

[[Page S5310]]

     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.
       (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,

[[Page S5311]]

     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

[[Page S5312]]

     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;
       (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;
       (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;
       (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;
       (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--

[[Page S5313]]

       (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.

[[Page S5314]]

       (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

[[Page S5315]]

     (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

[[Page S5316]]

     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

[[Page S5317]]

     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.--

[[Page S5318]]

       (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.''.

     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.

     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).

[[Page S5319]]

       (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.''.
       (b) 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

[[Page S5320]]

     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

[[Page S5321]]

     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.''.

     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''.
                                 ______