[Congressional Record Volume 152, Number 49 (Monday, May 1, 2006)]
[Senate]
[Pages S3808-S3846]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3728. Mr. VITTER (for himself and Ms. Landrieu) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 165, line 19, strike ``$10,600,000,000'' and insert 
     ``$10,400,000,000''.
       On page 168, between lines 8 and 9, insert the following:


                      FLOOD PROTECTION, LOUISIANA

       Sec. 2054. (a) There shall be made available $200,000,000 
     for the Secretary of the Army (referred to in this section as 
     the ``Secretary'') to provide, at full Federal expense--
       (1) pumping capacity and other measures required to prevent 
     flooding associated with modifications to outfall canals in 
     Jefferson and Orleans Parishes, Louisiana;
       (2) repairs, replacements, modifications, and improvements 
     of non-Federal levees and associated protection measures--
       (A) in areas of Terrebonne Parish, and of Jefferson Parish 
     in the vicinity of Jean Lafitte; and
       (B) on the east bank of the Mississippi River in 
     Plaquemines Parish, Louisiana; and
       (3) for armoring the hurricane and storm damage reduction 
     system in south Louisiana.
       (b) A project under this section shall be initiated only 
     after non-Federal interests have entered into binding 
     agreements with

[[Page S3809]]

     the Secretary to pay 100 percent of the operation and 
     maintenance costs of the project and to hold and save the 
     United States free from damages due to the construction or 
     operation and maintenance of the project, except for damages 
     due to the fault or negligence of the United States or its 
     contractors.
       (c) The Secretary shall submit to Congress a report 
     detailing a modified plan to protect lower Plaquemines 
     Parish, Louisiana, from damage attributable to hurricanes 
     with a focus on--
       (1) protecting populated areas;
       (2) energy infrastructure;
       (3) structural and nonstructural coastal barriers and 
     protection;
       (4) port facilities; and
       (5) the long-term maintenance and protection of the deep 
     draft navigation channel on the Mississippi River.
       (d) Not later than 30 days after the date of enactment of 
     this Act, the Secretary shall offer to enter into a contract 
     with the National Academies to provide to the Secretary a 
     report, by not later than 90 days after the date of enactment 
     of this Act, describing, for the period beginning on the date 
     on which the individual system components for hurricane and 
     storm damage reduction was constructed and ending on the date 
     on which the report is prepared, the difference between--
       (1) the portion of the vertical depreciation of the system 
     that is attributable to design and construction flaws, taking 
     into consideration the settling of levees and floodwalls or 
     subsidence; and
       (2) the portion of that depreciation that is attributable 
     to the application of new storm datum that may require a 
     higher level of vertical protection in order to comply with 
     100-year floodplain certification and standard protect 
     hurricane.
       (e) The amounts provided under this heading are designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), the concurrent resolution on 
     the budget for fiscal year 2006.
                                 ______
                                 
  SA 3729. Mr. CHAFFE submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


         FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE ISLAND

       Sec. 7___. (a) In this section:
       (1) The term ``Barrier'' means the Fox Point Hurricane 
     Barrier, Providence, Rhode Island.
       (2) The term ``City'' means the city of Providence, Rhode 
     Island.
       (3) The term ``Secretary'' means the Secretary of the Army, 
     acting through the Chief of Engineers.
       (b) Not later than 2 years after the date of enactment of 
     this Act, the Secretary shall assume responsibility for the 
     annual operation and maintenance of the Barrier.
       (c)(1) The City, in coordination with the Secretary, shall 
     identify any land and structures required for the continued 
     operation and maintenance, repair, replacement, 
     rehabilitation, and structural integrity of the Barrier.
       (2) The City shall convey to the Secretary, by quitclaim 
     deed and without consideration, all rights, title, and 
     interests of the City in and to the land and structures 
     identified under paragraph (1).
       (d) There are authorized to be appropriated to the 
     Secretary such funds as are necessary for each fiscal year to 
     operate and maintain the Barrier (including repair, 
     replacement, and rehabilitation).
                                 ______
                                 
  SA 3730. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 235, between lines 19 and 20, insert the following:

     SEC. 30__. REPORT ON FIRE SEASON.

       Not later than June 1, 2006, the Secretary of the Interior 
     shall submit to Congress a report that--
       (1) assesses the projected severity of the pending fire 
     season;  
       (2) taking into consideration drought, hazardous fuel 
     buildup, and insect infestation, identifies the areas in 
     which the threat of the pending fire season is the most 
     serious;
       (3) describes any actions recommended by the Secretary of 
     the Interior to mitigate the threat of the pending fire 
     season; and
       (4) specifies the amount of funds that would be necessary 
     to carry out the actions recommended by the Secretary under 
     paragraph (3).
                                 ______
                                 
  SA 3731. Mr. WARNER submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


                        SENSE OF SENATE ON IRAQ

       Sec. 1312. (a) Findings.--The Senate makes the following 
     findings:
       (1) No community in Iraq was spared from Saddam's campaign 
     of repression and division.
       (2) Liberation has brought its own challenges. Saddam's 
     removal from power was the essential first step in restoring 
     stability, freedom, and sovereignty for the Iraqi people.
       (3) Iraq is a nation with many ethnic, religious, 
     sectarian, regional, and tribal divisions, and before Saddam 
     Hussein, Iraqis from three different backgrounds were able to 
     live and work together.
       (4) The terrorists and insurgents are unable to stop Iraq's 
     march toward freedom, democracy, and economic security.
       (5) The Iraqi Council of Representatives' approval on April 
     22, 2006, of the Presidency Council consisting of Jalal 
     Talabani as President and two Deputy Presidents, and the 
     election of a Speaker and two Deputy Speakers is a 
     significant step forward, as is the decision by the Iraqi 
     political leadership to select Jawad al-Maliki as the Prime 
     Minister designate.
       (b) Sense of Senate.--It is the sense of the Senate--
       (1) that Iraq has crossed another major milestone in its 
     march toward freedom, democracy, and stability with the 
     establishment of its first permanent democratically elected 
     government that will chart the course for Iraq's future in a 
     way denied to previous generations of Iraqis;
       (2) to commend Iraq's new national leaders on their 
     selection, and the Iraqi people, for another important 
     milestone in their democratic evolution;
       (3) to strongly encourage Iraq's leaders to seize this 
     pivotal moment to--
       (A) complete the formation of a government of national 
     unity and expand support for the Iraq Constitution through 
     amendments to the Iraq Constitution, implementing legislation 
     that enjoys widespread support among all major parliamentary 
     blocs, or both;
       (B) pursue policies and actions that will defeat terrorists 
     and insurgents, and promote stability;
       (C) strengthen the economy, rebuild infrastructure, and 
     provide jobs;
       (D) select cabinet officials who reflect the diversity of 
     the Iraqi people and who can deliver services to the Iraqi 
     people and manage their ministries effectively and 
     efficiently;
       (E) form a national security council to improve government 
     coordination on these and other difficult issues;
       (F) ensure there is no place in a free and democratic Iraq 
     for armed groups operating outside of the law;
       (G) find and remove any local or national police leaders 
     showing evidence of militia loyalties; and
       (H) address critical issues such as the process known as 
     de-Ba'athification, the operation of security ministries, and 
     the distribution of oil revenues in a spirit of national 
     unity;
       (4) to acknowledge that progress is being made in Iraq and 
     look to the Iraqi government to come to political solutions 
     in a timely, evenhanded and inexorable manner;
       (5) to recognize the magnificent performance of the United 
     States Armed Forces and the coalition partners, and United 
     States Government officials from many departments and 
     agencies, as well as the sacrifices of their families at 
     home; and
       (6) to always honor the conduct and valor of those who have 
     given life or limb in this noble mission and the families and 
     loved ones who support them.
                                 ______
                                 
  SA 3732. Mr. GRASSLEY (for himself and Mr. Baucus) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:
       On page 186, after line 22, add the following:
       Sec. 2704. Of the funds made available under the heading 
     ``Disaster Relief'' under the heading ``Federal Emergency 
     Management Agency'' in chapter 5 of this title, $38,000,000 
     is hereby transferred to the Social Security Administration 
     for necessary expenses and direct or indirect losses related 
     to the consequences of Hurricane Katrina and other hurricanes 
     of the 2005 season: Provided, That the amount transferred by 
     this section is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.
                                 ______
                                 
  SA 3733. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       Before the period at the end of title VI (relating to 
     pandemic flu), insert the following: ``: Provided further, 
     That $10,000,000 of such amount shall be for the development 
     of a neuraminidase inhibitor as an antiviral therapy for 
     seasonal and pandemic influenza, including all strains of 
     avian influenza, that can be administered to patients 
     parenterally: Provided further, That $10,000,000 of such 
     amount shall be for the purchase of an automated high 
     thoroughput molecular differential diagnosis system to assist 
     in carrying

[[Page S3810]]

     out domestic and global disease surveillance''.
                                 ______
                                 
  SA 3734. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


                 BORDER SECURITY IN THE EL PASO SECTOR

       Sec. __. (a) Additional Amount for Construction.--The 
     amount appropriated by this Act under the heading 
     ``Construction'' under the heading ``Customs and Border 
     Protection'' is increased by $20,000,000.
       (b) Availability.--Of the amount appropriated by this Act 
     under the heading ``Construction'' under the heading 
     ``Customs and Border Protection'', as increased by subsection 
     (a), $20,000,000 to remain available until expended shall be 
     available for the El Paso Sector to enhance tactical 
     infrastructure.
       (c) Offset.--Of the amount appropriated by title II of 
     division D of the Consolidated Appropriations Act, 2005 
     (Public Law 108-447) under the heading ``Economic Support 
     Fund'' for direct assistance for the West Bank and Gaza, 
     $20,000,000, are rescinded.
                                 ______
                                 
  SA 3735. Mr. LAUTENBERG (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 162, between lines 12 and 13, insert the following:


             RAMAPO RIVER AT OAKLAND FLOOD CONTROL PROJECT

       For an additional amount for the Corps of Engineers for the 
     completion of the Ramapo River at Oakland flood control 
     project in the State of New Jersey, $445,000, to remain 
     available until expended: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
                                 ______
                                 
  SA 3736. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 172, strike lines 15 through 21 and insert the 
     following: ``System'' for necessary expenses, $50,000,000, to 
     remain available until expended: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.''
                                 ______
                                 
  SA 3737. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


            ADDITIONAL AMOUNT FOR PROCUREMENT, DEFENSE-WIDE

       Sec. 1312. (a) Additional Amount.--The amount appropriated 
     by this chapter under the heading ``Procurement, Defense-
     Wide'' is hereby increased by $2,000,000.
       (b) Offset.--The amount appropriated by chapter 5 of title 
     II under the heading ``Disaster Relief'' is hereby decreased 
     by $2,000,000, with the amount of the reduction to be 
     allocated to amounts available under that heading for 
     operation costs of the Federal Emergency Management Agency.
                                 ______
                                 
  SA 3738. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 142, line 20, after the colon, insert the 
     following: ``Provided further, That notwithstanding any other 
     provision of law, $5,500,000 shall be available for low-
     interest loans to businesses and individuals to assist in the 
     recovery efforts resulting from the heavy rains and 
     thunderstorms in Hawaii that began on February 20, 2006:''.
                                 ______
                                 
  SA 3739. Mr. INOUYE submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 165, line 20, after ``Provided, That'', insert the 
     following: ``notwithstanding any other provision of law, 
     $27,800,000 of the amount shall be for the State of Hawaii, 
     with $21,000,000 of the amount for assistance with repairs to 
     Round Top Drive, $4,500,000 of the amount for public 
     assistance for the State and counties in the State, and 
     $2,300,000 of the amount for individual assistance and 
     disaster loan programs: Provided further, That''.
                                 ______
                                 
  SA 3740. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. FUNDING FOR PANDEMIC INFLUENZA VACCINE INJURY 
                   COMPENSATION.

       For an additional amount for the ``Public Health and Social 
     Services Emergency Fund'' to compensate individuals harmed by 
     pandemic influenza vaccines, $289,000,000: Provided, That the 
     amounts provided for under this section shall be designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress).
                                 ______
                                 
  SA 3741. Mr. LIEBERMAN (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 238, line 25, insert ``through the Global Avian 
     Influenza Network for Surveillance (GAINS) and other 
     programs'' after ``global disease and surveillance''.
                                 ______
                                 
  SA 3742. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 172, after line 21, add the following:
       For an additional amount for the ``National Forest System'' 
     for necessary expenses related to projects focused on 
     reducing the risk of catastrophic fires and mitigating the 
     effects of widespread insect infestations, $30,000,000: 
     Provided, That the amount provided under this heading is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
                                 ______
                                 
  SA 3743. Mr. LEVIN (for himself, Ms. Stabenow, Mr. Coleman, and Mr. 
Voinovich) submitted an amendment intended to be proposed by him to the 
bill H.R. 4939, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SCREENING OF MUNICIPAL SOLID WASTE.

       (a) Findings.--Congress finds, based on the review of the 
     Office of the Inspector General of the Department of Homeland 
     Security of the effectiveness of screening by the Bureau of 
     Customs and Border Protection of trucks carrying Canadian 
     municipal solid waste, that--
       (1) the Bureau does not have an effective method of 
     screening and inspecting the 350 truckloads of municipal 
     solid waste that enter the United States daily through the 
     Detroit and Port Huron ports of entry;
       (2) the effectiveness of technologies used as of the date 
     of enactment of this Act to test for the presence of 
     radiation in municipal solid waste is limited;
       (3) visual presentation of vehicle and cargo inspection 
     systems does not allow for easily distinguishing drugs, 
     weapons, and other contraband in municipal solid waste; and
       (4)(A) physical inspections of municipal solid waste are of 
     limited value because it is difficult to thoroughly inspect 
     compacted municipal solid waste to identify illegal cargo; 
     and
       (B) relatively few physical inspections are performed 
     because the inspections are labor intensive.
       (b) Definitions.--In this section:
       (1) Bureau.--The term `` Bureau'' means the Bureau of 
     Customs and Border Protection.
       (2) Commercial motor vehicle.--The term ``commercial motor 
     vehicle'' has the meaning given the term in section 31101 of 
     title 49, United States Code.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau.
       (4) Municipal solid waste.--The term ``municipal solid 
     waste'' includes sludge (as defined in section 1004 of the 
     Solid Waste Disposal Act (42 U.S.C. 6903)).
       (c) Report to Congress.--Not later than 90 days after the 
     date of enactment of this Act, the Commissioner shall submit 
     to Congress a report that identifies the actions that the 
     Bureau will take to achieve the same level of effectiveness 
     in the screening of municipal solid waste for the presence of 
     chemical, nuclear, biological, and radiological weapons, as 
     those methodologies and

[[Page S3811]]

     technologies used by the Bureau to screen for those materials 
     in other items of commerce entering the United States through 
     commercial motor vehicle transport.
       (d) Impact on Commercial Motor Vehicles.--The Secretary 
     shall deny entry into the United States for any commercial 
     motor vehicle carrying municipal solid waste until the 
     Secretary certifies to Congress that the methodologies and 
     technologies used by the Bureau to screen for and detect the 
     presence of chemical, nuclear, biological, and radiological 
     weapons in municipal solid waste are as effective as the 
     methodologies and technologies used by the Bureau to screen 
     for those materials in other items of commerce entering the 
     United States through commercial motor vehicle transport if--
       (1) the Commissioner fails to submit the report under 
     subsection (c);
       (2) the report under subsection (c) fails to identify 
     methodologies and technologies that could be feasibly and 
     reasonably implemented by the Bureau to achieve the level of 
     effectiveness in the screening of municipal solid waste 
     described in subsection (c); or
       (3)(A) the report under subsection (c) sufficiently 
     identifies methodologies and technologies that could be 
     feasibly and reasonably implemented by the Bureau to achieve 
     the level of effectiveness in the screening of municipal 
     solid waste described in that subsection; but
       (B) the Commissioner fails to fully implement the actions 
     identified in the report before date that is 90 days after 
     the date on which the report is submitted.
                                 ______
                                 
  SA 3744. Mr. LEVIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 159, line 19, insert after ``expended'' the 
     following: ``, of which $400,000 shall be made available for 
     emergency repairs of the Federal project at Petoskey Harbor, 
     Michigan, in order to repair damages due to storms that 
     occurred during the fall of 2005 and the winter of 2006, 
     which breached the breakwater, endangering local marine 
     facilities and reducing the effectiveness of the only safe 
     harbor between Charlevoix, Michigan, and Mackinaw City, 
     Michigan''.
                                 ______
                                 
  SA 3745. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


       SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

       For an additional amount for the Substance Abuse and Mental 
     Health Services Administration, $350,000 to expand the Wayne 
     County, Michigan drug court program to include the use of 
     partial agonist therapy and opiate antagonist therapy in 
     providing addiction treatment.
                                 ______
                                 
  SA 3746. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 167, beginning on line 7 strike ``, 
     notwithstanding'' and all that follows through ``(42 U.S.C. 
     5174)'' on line 9.
                                 ______
                                 
  SA 3747. Mr. REED submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:

     SEC. 7032. EMERGENCY ASSISTANCE FOR UNANTICIPATED INCREASES 
                   IN UTILITY RATES.

       (a) Public Housing Agencies.--
       (1) In general.--To address unanticipated increases in 
     utility rates, there are appropriated $250,000,000, to public 
     housing agencies for the operation and management of public 
     housing, as authorized under section 9(e) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437g(e)).
       (2) Distribution of funds.--The Secretary of Housing and 
     Urban Development shall reimburse a public housing agency for 
     utility cost increases from funds made available under 
     paragraph (1), upon submission of proof by the agency to the 
     Secretary of such increases.
       (b) Section 8 Tenant-Based Rental Assistance.--
       (1) In general.--To address unanticipated increases in 
     utility rates, there are appropriated $243,000,000, to be 
     available to residents receiving tenant-based rental 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).
       (2) Distribution of funds.--Public housing agencies 
     administering tenant-based rental assistance under section 8 
     shall be entitled to additional funds made available under 
     paragraph (1) to provide for utility allowance increases for 
     section 8 participants upon submission of proof to the 
     Secretary of such utility allowance cost increases.
       (3) Payment standard.--The payment standard limitation 
     under section 8(o)(1) of the United States Housing Act of 
     1937 (42 U.S.C. 1437f(o)(1)) may be exceeded without prior 
     approval by the Secretary in instances where an increase in 
     the utility allowance of a resident under paragraph (1) 
     causes the assistance needs of that resident to rise above 
     such limit.
       (c) Emergency Designation.--The amounts appropriated under 
     subsections (a) and (b) are designated as an emergency 
     requirement under section 402 of H. Con. Res. 95 (109th 
     Congress).
                                 ______
                                 
  SA 3748. Mr. SALAZAR (for himself, Mr. Allard, Mr. McConnell, Mr. 
Wyden, and Mr. Bayh) submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


         Sense of the Senate on destruction of chemical weapons

       Sec. 7032. (a) The Senate makes the following findings:
       (1) The Convention on the Prohibition of the Development, 
     Production, Stockpiling and Use of Chemical Weapons and on 
     Their Destruction, done at Paris on January 13, 1993 
     (commonly referred to as the ``Chemical Weapons 
     Convention''), requires all United States chemical weapons 
     stockpiles be destroyed by April 29, 2012.
       (2) On April 10, 2006, the Department of Defense notified 
     Congress that the United States would not meet the deadline 
     under the Chemical Weapons Convention for destruction of 
     United States chemical weapons stockpiles.
       (3) Destroying existing chemical weapons is a homeland 
     security imperative, an arms control priority, and required 
     by United States law.
       (4) The elimination and nonproliferation of chemical 
     weapons of mass destruction is of utmost importance to the 
     national security of the United States.
       (b) It is the sense of the Senate that--
       (1) the United States is committed to making every effort 
     to safely dispose of its chemical weapons stockpiles by the 
     Chemical Weapons Convention deadline of April 29, 2012, or as 
     soon thereafter as possible, and will carry out all of its 
     other obligations under the Convention; and
       (2) the Secretary of Defense should prepare a comprehensive 
     schedule for safely destroying the United States chemical 
     weapons stockpiles to prevent further delays in the 
     destruction of such stockpiles, and the schedule should be 
     submitted annually to the congressional defense committees 
     separately or as part of another required report.
                                 ______
                                 
  SA 3749. Ms. CANTWELL (for herself, Mr. Biden, and Mr. Leahy) 
submitted an amendment intended to be proposed by her to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


REPORTS ON WITHDRAWAL OR DIVERSION OF EQUIPMENT FROM RESERVE UNITS FOR 
        SUPPORT OF RESERVE UNITS BEING MOBILIZED AND OTHER UNITS

       Sec. 1312. (a) Findings.--Congress makes the following 
     findings:
       (1) The National Guard continues to provide invaluable 
     resources to meet national security, homeland defense, and 
     civil emergency mission requirements.
       (2) Current military operations, transnational threats, and 
     domestic emergencies will increase the use of the National 
     Guard for both military support to civilian authorities and 
     to execute the military strategy of the United States.
       (3) To meet the demand for certain types of equipment for 
     continuing United States military operations, the Army has 
     required Army National Guard Units to leave behind many items 
     for use by follow-on forces.
       (4) The Governors of every State and 2 Territories 
     expressed concern in February 2006 that units returning from 
     deployment overseas without adequate equipment would have 
     trouble carrying out their homeland security and domestic 
     disaster duties.
       (5) The Department of Defense estimates that it has 
     directed the Army National Guard to leave overseas more than 
     75,000 items valued at approximately $1,760,000,000 to 
     support Operation Enduring Freedom and Operation Iraqi 
     Freedom.
       (6) Department of Defense Directive 1225.6 requires a 
     replacement and tracking plan be developed within 90 days for 
     equipment of the reserve components of the Armed Forces that 
     is transferred to the active components of the Armed Forces.
       (7) In October 2005, the Government Accountability Office 
     found that the Department of Defense can only account for 
     about 45 percent of such equipment and has not developed a 
     plan to replace such equipment.

[[Page S3812]]

       (8) The Government Accountability Office also found that 
     without a completed and implemented plan to replace all 
     National Guard equipment left overseas, Army National Guard 
     units will likely face growing equipment shortages and 
     challenges in regaining readiness for future missions.
       (b) Reports on Withdrawal or Diversion of Equipment From 
     Reserve Units for Support of Reserve Units Being Mobilized 
     and Other Units.--
       (1) In general.--Chapter 1007 of title 10, United States 
     Code, is amended by inserting after section 10208 the 
     following new section:

     ``Sec. 10208a. Mobilization: reports on withdrawal or 
       diversion of equipment from Reserve units for support of 
       Reserve units being mobilized and other units

       ``(a) Report Required on Withdrawal or Diversion of 
     Equipment.--Not later than 90 days after withdrawing or 
     diverting equipment from a unit of the Reserve to a unit of 
     the Reserve being ordered to active duty under section 12301, 
     12302, or 12304 of this title, or to a unit or units of a 
     regular component of the armed forces, for purposes of the 
     discharge of the mission of such unit or units, the Secretary 
     concerned shall submit to the Secretary of Defense a report 
     on the withdrawal or diversion of equipment.
       ``(b) Elements.--Each report under subsection (a) on 
     equipment withdrawn or diverted shall include the following:
       ``(1) A plan to replace such equipment within the unit from 
     which withdrawn or diverted.
       ``(2) If such equipment is to remain in a theater of 
     operations while the unit from which withdrawn or diverted 
     returns to the United States, a plan to provide such unit 
     with replacement equipment appropriate to ensure the 
     continuation of the readiness training of such unit.
       ``(3) A signed memorandum of understanding between the 
     active or reserve component to which withdrawn or diverted 
     and the reserve component from which withdrawn or diverted 
     that specifies--
       ``(A) how such equipment will be tracked by the unit or 
     units to which withdrawn or diverted; and
       ``(B) when such equipment will be returned to the unit from 
     which withdrawn or diverted.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 1007 of such title is amended by 
     inserting after the item relating to section 10208 the 
     following new item:

``10208a. Mobilization: reports on withdrawal or diversion of equipment 
              from Reserve units for support of Reserve units being 
              mobilized and other units.''.
                                 ______
                                 
  SA 3750. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 159, strike lines 1 through 10 and insert the 
     following:
     $7,250,000, to remain available until expended: Provided, 
     That the Secretary of the Army, acting through the Chief of 
     Engineers, shall use $3,500,000 to develop a comprehensive 
     plan, at full Federal expense, that, at a minimum, will 
     deauthorize deep draft navigation on the Mississippi River 
     Gulf Outlet established by Public Law 84-455 (70 Stat. 65, 
     chapter 112) (referred to in this matter as the ``Outlet)'', 
     extending from the Gulf of Mexico to the Gulf Intracoastal 
     Waterway, and address wetland losses attributable to the 
     Outlet, channel bank erosion, hurricane and storm protection, 
     saltwater intrusion, navigation, ecosystem restoration, and 
     related issues: Provided further, That the plan shall include 
     recommended authorization modifications to the Outlet 
     regarding what, if any, navigation should continue, measures 
     to provide hurricane and storm protection, prevent saltwater 
     intrusion, and re-establish the storm buffering properties 
     and ecological integrity of the wetland damaged by 
     construction and operation of the Outlet, and complement 
     restoration of coastal Louisiana: Provided further, That the 
     Secretary shall develop the plan in consultation with the 
     Parish of St. Bernard, Louisiana, the State of Louisiana, the 
     Secretary of the Interior, the Secretary of Commerce, the 
     Administrator of the Environmental Protection Agency, and the 
     National Academy of Sciences: Provided further, That the 
     Secretary shall seek input, review, and comment from the 
     public and the scientific community on the plan: Provided 
     further, That the Secretary shall ensure that an independent 
     panel of experts established by the National Academy of 
     Sciences reviews and provides written comments on the 
     proposed plan: Provided further, That, not later than 1 year 
     after the date of enactment of this Act, the Secretary shall 
     submit an interim report to Congress comprising the plan, the 
     written comments of the independent panel of experts, and the 
     written explanation of the Secretary for any recommendation 
     of the independent panel of experts not adopted in the plan: 
     Provided further, That the Secretary shall refine the plan, 
     if necessary, to be fully consistent, integrated, and 
     included in the final technical report to be issued in 
     December 2007 pursuant to the matter under the heading 
     ``investigations'' under the heading ``Corps of Engineers--
     Civil'' of title I of the Energy and Water Development 
     Appropriations Act, 2006 (Public Law 109-103, 119 Stat. 2247; 
     Public Law 109-148, 119 Stat. 2814): Provided further, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     05 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006: Provided further, That, of the amount 
     made available under this heading, $3,750,000 shall be 
     available only to the extent that an official budget request 
     for a specific dollar amount, that includes designation of 
     the entire amount of the request as an emergency requirement, 
     is transmitted by the President to Congress.
                                 ______
                                 
  SA 3751. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place under the heading ``flood control 
     and coastal emergencies'', insert the following:


               CLOSURES AND REPAIRS OF LEVEES, LOUISIANA

       For an additional amount for flood control and coastal 
     emergencies for the State of Louisiana, $473,000,000, to 
     remain available until expended for use for closures and pump 
     stations for interior drainage canals, navigable closures on 
     the Industrial Canal and Gulf Intracoastal Waterway, repairs 
     for non-Federal levees in Terrebonne Parish, incorporation of 
     the West Bank and East Bank non-Federal levees in Plaquemines 
     Parish, and additional levee armoring: Provided, That not 
     less than $4,000,000 of that amount shall be used for the 
     Comite River Diversion flood control project authorized by 
     section 101(11) of the Water Resources Development Act of 
     1992 (Public Law 102-580; 106 Stat. 4802): Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006.
                                 ______
                                 
  SA 3752. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 178, after line 21, add the following:

                  Economic Development Administration

       For an additional amount for the mitigation of increased 
     costs resulting from the loss of deep draft navigation access 
     to certain facilities at the Port of New Orleans in the 
     aftermath of Hurricane Katrina, $8,500,000, to remain 
     available until September 30, 2007, to be provided by the 
     Secretary of Commerce, acting through the Assistant Secretary 
     for Economic Development, to the Port of New Orleans in the 
     form of a grant: Provided, That the Secretary shall 
     administer the grant under this section in accordance with 
     section 209 of the Public Works and Economic Development Act 
     of 1965 (42 U.S.C. 3149): Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.
                                 ______
                                 
  SA 3753. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 198, line 18, strike ``Provided further, That'' and 
     all that follows through ``assistance:'' on page 199, line 1, 
     and insert the following: ``Provided further, That no less 
     than $100,000,000 shall be made available as project-based 
     assistance used to support the reconstruction, rebuilding, 
     and repair of assisted housing that suffered the consequences 
     of Hurricane Katrina and other hurricanes of the 2005 season 
     or new structures supported under the low income tax credit 
     program: Provided further, That previously assisted HUD 
     project-based housing and residents of such housing shall be 
     accorded a preference in the use of such project-based 
     assistance, except that such funds shall be made available 
     for 4,500 project-based vouchers for supportive housing units 
     for persons with disabilities, as that term is defined in 
     section 422(2) of the McKinney-Vento Homeless Assistance Act 
     (42 U.S.C. 11382(2)), elderly families, or previously 
     homeless individuals and families: Provided further, That the 
     limitation contained in section 8(o)(13)(B) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)(B)) shall 
     not apply to such funds:''
                                 ______
                                 
  SA 3754. Mr. DURBIN (for himself and Ms. Stabenow) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for

[[Page S3813]]

the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADDITIONAL AMOUNTS FOR FIREFIGHTER ASSISTANCE GRANTS 
                   TO ADDRESS THE 9/11 COMMISSION'S FINDINGS.

       For an additional amount for ``Firefighter Assistance 
     Grants'' under ``Preparedness and Recovery'' for the 
     Department of Homeland Security, $100,000,000 for Firefighter 
     Assistance Grants in high-risk areas for communications 
     connectivity compliant with the interoperable communication 
     plan of the relevant city or State.
                                 ______
                                 
  SA 3755. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 240, between lines 2 and 3, insert the following:

                               TITLE VII

                            ELECTION REFORM

                     Election Assistance Commission


                        Election Reform Programs

       For necessary expenses to carry out a program of 
     requirements payments to States as authorized by section 257 
     of the Help America Vote Act of 2002, $724,000,000, to remain 
     available until expended: Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.

                Department of Health and Human Services


                        disabled voter services

       For necessary expenses to carry out programs as authorized 
     by the Help America Vote Act of 2002, $74,000,000, to remain 
     available until expended: Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.
                                 ______
                                 
  SA 3756. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


  income replacement payments for reserves experiencing extended and 
             frequent mobilization for active duty service

       Sec. 1312. (a) Modification of Eligibility.--Section 
     910(b)(1) of title 37, United States Code, is amended by 
     striking ``18 continuous months of service'' and inserting 
     ``six continuous months of service''.
       (b) Funding.--
       (1) Additional amount for military personnel.--The 
     aggregate amount appropriated by this chapter under the 
     heading ``MILITARY PERSONNEL'' is hereby increased by 
     $27,000,000, with the entire amount of the increase 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       (2) Availability.--Of the amounts appropriated by this 
     chapter under the heading ``MILITARY PERSONNEL'', as 
     increased by paragraph (1), $27,000,000 shall be available in 
     fiscal year 2006 for the payment of income replacement 
     payments for Reserves experiencing extended and frequent 
     mobilization for active duty service under section 910 of 
     title 37, United States Code, as a result of the amendment 
     made by subsection (a).
                                 ______
                                 
  SA 3757. Mr. BAYH submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


NEXT GENERATION PROTECTIVE GEAR FOR SMALL-ARMS AND BIOTERRORISM THREATS 
                               TO TROOPS

       Sec. 1312. (a) Additional Amount for Research, Development, 
     Test, and Evaluation, Defense-Wide.--The amount appropriated 
     by this chapter under the heading ``Research, Development, 
     Test, and Evaluation, Defense-Wide'' is hereby increased by 
     $10,000,000, with the entire amount of the increase 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       (b) Availability of Amount.--Of the amount appropriated by 
     this chapter under the heading ``Research, Development, Test, 
     and Evaluation, Defense-Wide'', as increased by subsection 
     (a), $10,000,000 shall be available for grants to research 
     institutions of higher education for research and development 
     on next generation protective gear for small-arms threats and 
     bioterrorism threats to troops.
                                 ______
                                 
  SA 3758. Mr. SCHUMER (for himself and Mr. Reid) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. MEASURES TO ADDRESS PRICE GOUGING AND MARKET 
                   MANIPULATION.

       (a) Federal Trade Commission.--
       (1) Additional amount.--For an additional amount for 
     ``Federal Trade Commission Salaries and Expenses'' under the 
     heading ``RELATED AGENCIES'' of title V of the Science, 
     State, Justice, Commerce, and Related Agencies Appropriations 
     Act, 2006 (Public Law 109-108), $10,000,000.
       (2) Use.--Of the amount appropriated for ``Federal Trade 
     Commission Salaries and Expenses'', as increased by paragraph 
     (1), $10,000,000 shall be available to investigate and 
     enforce price gouging complaints and other market 
     manipulation activities by companies engaged in the wholesale 
     and retail sales of gasoline and petroleum distillates.
       (b) Commodity Futures Trading Commission.--
       (1) Additional amount.--For an additional amount for 
     ``Commodity Futures Trading Commission'' under the heading 
     ``RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION'' of 
     title VI of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2006 
     (Public Law 109-97), $10,000,000.
       (2) Use.--Of the amount appropriated for ``Commodity 
     Futures Trading Commission'', as increased by paragraph (1), 
     $10,000,000 shall be available for activities--
       (A) to enhance investigation of energy derivatives markets;
       (B) to ensure that speculation in those markets is 
     appropriate and reasonable; and
       (C) for data systems and reporting programs that can 
     uncover real-time market manipulation activities.
       (c) Securities and Exchange Commission.--
       (1) Additional amount.--For an additional amount for 
     ``Securities and Exchange Commission Salaries and Expenses '' 
     under the heading ``RELATED AGENCIES'' of title V of the 
     Science, State, Justice, Commerce, and Related Agencies 
     Appropriations Act, 2006 (Public Law 109-108), $5,000,000.
       (2) Use.--Of the amount appropriated for ``Securities and 
     Exchange Commission Salaries and Expenses'', as increased by 
     paragraph (1), $5,000,000 shall be available for review and 
     analysis of major integrated oil and gas company reports and 
     filings for compliance with disclosure, corporate governance, 
     and related requirements.
       (d) Energy Information Administration.--
       (1) Additional amount.--For an additional amount for 
     ``Energy Information Administration'' under the heading 
     ``DEPARTMENT OF ENERGY'' of title III of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103), 
     $10,000,000.
       (2) Use.--Of the amount appropriated for ``Energy 
     Information Administration'', as increased by paragraph (1), 
     $10,000,000 shall be available for activities to ensure real-
     time and accurate gasoline and energy price and supply data 
     collection.
       (e) Energy Supply and Conservation.--
       (1) Additional amount.--For an additional amount for 
     ``Energy Supply and Conservation'' under the heading 
     ``DEPARTMENT OF ENERGY'' of title III of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103), 
     $315,000,000.
       (2) Use.--Of the amount appropriated for ``Energy Supply 
     and Conservation'', as increased by paragraph (1), 
     $315,000,000 shall be available to provide grants to State 
     energy offices for--
       (A) the development and deployment of real-time information 
     systems for energy price and supply data collection and 
     publication;
       (B) programs and systems to help discover energy price 
     gouging and market manipulation;
       (C) critical energy infrastructure protection;
       (D) clean distributed energy projects that promote energy 
     security; and
       (E) programs to encourage the adoption and implementation 
     of energy conservation and efficiency technologies and 
     standards.
       (f) Government Accountability Office.--
       (1) Additional amount.--For an additional amount for 
     ``Salaries and Expenses'' under the heading ``GOVERNMENT 
     ACCOUNTABILITY OFFICE'' of title I of the Legislative Branch 
     Appropriations Act, 2006 (Public Law 109-55), $50,000.
       (2) Use.--Of the amount appropriated for ``Salaries and 
     Expenses'', as increased by paragraph (1), $50,000 shall be 
     available to the Government Accountability for the 
     preparation of a report, to be submitted to the appropriate 
     committees of Congress not later than 90 days after the date 
     of enactment of this Act, that includes--
       (A) a review of the mergers between Exxon and Mobil, 
     Chevron and Texaco, and Conoco and Phillips, and other 
     mergers of significant or comparable scale in the oil 
     industry

[[Page S3814]]

     that have occurred since 1990, including an assessment of the 
     impact of the mergers on--
       (i) market concentration;
       (ii) the ability of the companies to exercise market power;
       (iii) wholesale prices of petroleum products; and
       (iv) the retail prices of petroleum products;
       (B) an assessment of the impact that vitiating the mergers 
     reviewed under subparagraph (A) would have on each of the 
     matters described in clauses (i) through (iv) of subparagraph 
     (A);
       (C) an assessment of the impact of prohibiting any 1 
     company from simultaneously owning assets in each of the oil 
     industry sectors of exploration, refining and distribution, 
     and retail on each of the matters described in clauses (i) 
     through (iv) of subparagraph (A);
       (D) an assessment of--
       (i) the effectiveness of divestitures ordered by the 
     Federal Trade Commission in preventing market concentration 
     as a result of oil industry mergers approved since 1995; and
       (ii) the effectiveness of the Federal Trade Commission in 
     identifying and preventing--

       (I) market manipulation;
       (II) commodity withholding;
       (III) collusion; and
       (IV) other forms of market power abuse in the oil industry; 
     and

       (E) an assessment of--
       (i) whether any of the 5 largest oil companies in the 
     United States have taken any actions to exert influence on 
     independent or franchise retail gasoline stations to 
     discourage or prohibit the installation of storage tanks and 
     pumps capable of storing and dispensing E85 gasoline; and
       (ii) whether the actions described in clause (i) would be 
     considered anticompetitive.
       (g) Emergency Designation.--The amounts provided under this 
     section are designated as an emergency requirement pursuant 
     to section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
                                 ______
                                 
  SA 3759. Mr. LEVIN (for himself, Ms. Stabenow, Mr. DeWine, and Mr. 
Voinovich) submitted an amendment intended to be proposed by him to the 
bill H.R. 4939, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 235, between lines 19 and 20, insert the following:

     SEC. 3065. EMERALD ASH BORER.

       The Secretary shall use $15,000,000 of funds of the 
     Commodity Credit Corporation to carry out activities for the 
     eradication of the emerald ash borer in the States of 
     Michigan, Ohio, and Indiana.
                                 ______
                                 
  SA 3760. Mr. BIDEN (for himself, Mr. Lugar, and Mr. Leahy) submitted 
an amendment intended to be proposed by him to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 99, line 11, insert after the colon the following: 
     ``Provided further, That the Secretary shall submit, at the 
     same time as the report required by the previous proviso, a 
     report to the Committees on Appropriations, Armed Services, 
     and Foreign Relations of the Senate and the Committees on 
     Appropriations, Armed Services, and International Relations 
     of the House of Representatives summarizing the quantity and 
     type of assistance provided to the security forces of 
     Afghanistan during the previous fiscal quarter:''.

       On page 101, line 8, insert after the colon the following: 
     ``Provided further, That the Secretary shall submit, at the 
     same time as the report required by the previous proviso, a 
     report to the Committees on Appropriations, Armed Services, 
     and Foreign Relations of the Senate and the Committees on 
     Appropriations, Armed Services, and International Relations 
     of the House of Representatives summarizing the quantity and 
     type of assistance provided to the security forces of Iraq 
     during the previous fiscal quarter:''.
                                 ______
                                 
  SA 3761. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


                           CONTRACT AUTHORITY

       Sec. 70__. (a) Section 1940 of the Safe, Accountable, 
     Flexible, Efficient Transportation Equity Act: A Legacy for 
     Users (Public Law 109-59; 119 Stat. 1511) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (1);
       (B) by redesignating paragraphs (2) through (5) as 
     paragraphs (1) through (4), respectively; and
       (C) by striking ``$10,000,000'' each place that it appears 
     and inserting ``$12,500,000''; and
       (2) by adding at the end the following:
       ``(c) Contract Authority.--Except as otherwise provided in 
     this section, funds authorized to be appropriated under this 
     section shall be available for obligation in the same manner 
     as if the funds were apportioned under chapter 1 of title 23, 
     United States Code.''.
       (b) Of the unobligated balances of funds apportioned to 
     each State under chapter 1 of title 23, United States Code, 
     $50,000,000 is rescinded.
                                 ______
                                 
  SA 3762. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 126, between lines 12 and 13, insert the following:


  report on alleged clandestine detention facilities for individuals 
                captured in the global war on terrorism

       Sec. 1406. (a) In General.--The President shall ensure that 
     the United States Government continues to comply with the 
     authorization, reporting, and notification requirements of 
     title V of the National Security Act of 1947 (50 U.S.C. 413 
     et seq.).
       (b) Director of National Intelligence Report.--
       (1) Report required.--Utilizing funds appropriated by this 
     Act and available for the intelligence and intelligence-
     related activities of the United States Government in an 
     amount not to exceed $100,000, the Director of National 
     Intelligence shall, not later than 60 days after the date of 
     the enactment of this Act, provide to the members of the 
     Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives a detailed report setting forth the nature 
     and cost of, and otherwise providing a full accounting on, 
     any clandestine prison or detention facility currently or 
     formerly operated by the United States Government, regardless 
     of location, where detainees in the global war on terrorism 
     are or were being held.
       (2) Elements.--The report required by paragraph (1) shall 
     set forth, for each prison or facility, if any, covered by 
     such report, the following:
       (A) The location and size of such prison or facility.
       (B) If such prison or facility is no longer being operated 
     by the United States Government, the disposition of such 
     prison or facility.
       (C) The number of detainees currently held or formerly 
     held, as the case may be, at such prison or facility.
       (D) Any plans for the ultimate disposition of any detainees 
     currently held at such prison or facility.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at such prison or facility and a 
     determination, in coordination with other appropriate 
     officials, on whether such procedures are or were in 
     compliance with United States obligations under the Geneva 
     Conventions and the Convention Against Torture.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in classified form.
                                 ______
                                 
  SA 3763. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 126, between lines 12 and 13, insert the following:


  report on alleged clandestine detention facilities for individuals 
                captured in the global war on terrorism

       Sec. 1406. (a) In General.--The President shall ensure that 
     the United States Government continues to comply with the 
     authorization, reporting, and notification requirements of 
     title V of the National Security Act of 1947 (50 U.S.C. 413 
     et seq.).
       (b) Director of National Intelligence Report.--
       (1) Report required.--Utilizing funds appropriated by this 
     Act and available for the intelligence and intelligence-
     related activities of the United States Government in an 
     amount not to exceed $100,000, the Director of National 
     Intelligence shall, not later than 60 days after the date of 
     the enactment of this Act, provide to the members of the 
     Select Committee on Intelligence of the Senate and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives a detailed report setting forth the nature 
     and cost of, and otherwise providing a full accounting on, 
     any clandestine prison or detention facility currently or 
     formerly operated by the United States Government, regardless 
     of location, where detainees in the global war on terrorism 
     are or were being held.
       (2) Elements.--The report required by paragraph (1) shall 
     set forth, for each prison or facility, if any, covered by 
     such report, the following:
       (A) The location and size of such prison or facility.
       (B) If such prison or facility is no longer being operated 
     by the United States Government, the disposition of such 
     prison or facility.
       (C) The number of detainees currently held or formerly 
     held, as the case may be, at such prison or facility.

[[Page S3815]]

       (D) Any plans for the ultimate disposition of any detainees 
     currently held at such prison or facility.
       (E) A description of the interrogation procedures used or 
     formerly used on detainees at such prison or facility and a 
     determination, in coordination with other appropriate 
     officials, on whether such procedures are or were in 
     compliance with United States obligations under the Geneva 
     Conventions and the Convention Against Torture.
       (3) Form of report.--The report required by paragraph (1) 
     shall be submitted in classified form.
                                 ______
                                 
  SA 3764. Mr. KERRY (for himself and Mr. Biden) submitted an amendment 
intended to be proposed by him to the bill H.R. 4939, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2006, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 88, line 7, insert ``That from that amount, funds 
     shall be made available for a summit, to be convened by the 
     President not later than 30 days after the date of the 
     formation of the new Government of Iraq, that includes 
     leaders of such Government, leaders of the governments of 
     each country bordering Iraq, representatives of the Arab 
     League, the Secretary General of the North Atlantic Treaty 
     Organisation, representatives of the European Union, and 
     leaders of the governments of each permanent member of the 
     United Nations Security Council for the purpose of reaching a 
     comprehensive political agreement for Iraq that addresses 
     security guarantees, federalism, oil revenues, militias, 
     reconstruction efforts, and border security: Provided 
     further,'' after ``Provided''.
                                 ______
                                 
  SA 3765. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 88, line 7, insert ``That from that amount, funds 
     shall be made available for a summit, to be convened by the 
     President not later than 30 days after the date of the 
     formation of the new Government of Iraq, that includes 
     leaders of such Government, leaders of the governments of 
     each country bordering Iraq, representatives of the Arab 
     League, the Secretary General of the North Atlantic Treaty 
     Organisation, representatives of the European Union, and 
     leaders of the governments of each permanent member of the 
     United Nations Security Council for the purpose of reaching a 
     comprehensive political agreement for Iraq that addresses 
     security guarantees, federalism, oil revenues, militias, 
     reconstruction efforts, and border security: Provided 
     further,'' after ``Provided''.
                                 ______
                                 
  SA 3766. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


                     WITHDRAWAL OF TROOPS FROM IRAQ

       Sec. __. (a) The President shall withdraw the United States 
     Armed Forces from Iraq at the earliest practicable date if a 
     national unity government is not formed in Iraq by May 22, 
     2006.
       (b) If a national unity government is formed in Iraq by May 
     22, 2006--
       (1) the President shall reach an agreement as soon as 
     possible with such national unity government on a schedule 
     for the withdrawal of United States combat troops from Iraq 
     by December 31, 2006, leaving only forces that are critical 
     to completing the mission of standing up Iraqi security 
     forces; and
       (2) the President shall consult with Congress regarding 
     such schedule and shall present such withdrawal agreement to 
     Congress immediately upon the completion of the agreement.
       (c) The President should maintain an over-the-horizon troop 
     presence to prosecute the war on terror and protect regional 
     security interests.
                                 ______
                                 
  SA 3767. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


                     WITHDRAWAL OF TROOPS FROM IRAQ

       Sec. __. (a) The President shall withdraw the United States 
     Armed Forces from Iraq at the earliest practicable date if a 
     national unity government is not formed in Iraq by May 22, 
     2006.
       (b) If a national unity government is formed in Iraq by May 
     22, 2006--
       (1) the President shall reach an agreement as soon as 
     possible with such national unity government on a schedule 
     for the withdrawal of United States combat troops from Iraq 
     by December 31, 2006, leaving only forces that are critical 
     to completing the mission of standing up Iraqi security 
     forces; and
       (2) the President shall consult with Congress regarding 
     such schedule and shall present such withdrawal agreement to 
     Congress immediately upon the completion of the agreement.
       (c) The President should maintain an over-the-horizon troop 
     presence to prosecute the war on terror and protect regional 
     security interests.
                                 ______
                                 
  SA 3768. Mr. KENNEDY (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VII, insert the following:
       Sec. __. In using funds appropriated under Public Law 109-
     149 for grants under title V of the Older Americans Act of 
     1965 (42 U.S.C. 3056 et seq.) for fiscal year 2006, the 
     Secretary of Labor shall award the grants, beginning in July 
     2006, on the basis of the Program Year 2005 Planning 
     Instructions and Allotments for All Applicants (and 
     attachments to the instructions), as specified in the 
     Training and Employment Guidance Letter No. 37-04, issued on 
     June 30, 2005.
                                 ______
                                 
  SA 3769 Mr. DOMENICI (for himself and Mr. Reid) proposed an amendment 
to the bill H.R. 4939, making emergency supplemental appropriations for 
the fiscal year ending September 30, 2006, and for other purposes; as 
follows:

       On page 158, line 23, strike all through page 162, Line 12, 
     and insert the following:
       For an additional amount for ``Investigations'' for 
     necessary expenses related to the consequences of Hurricane 
     Katrina and other hurricanes of the 2005 season, $45,000,000, 
     to remain available until expended: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006: Provided further, That using $20,000,000 of the 
     funds provided herein, the Secretary of the Army, acting 
     through the Chief of Engineers, is directed, at full Federal 
     expense, to inventory all Federal and non-Federal flood and 
     storm damage reduction projects; develop and test a 
     methodology to assess the structural and operational 
     integrity of such projects and the associated risks; and 
     establish and maintain a database of such projects, which 
     shall include information on the structural and operational 
     integrity of the projects and the parties responsible for 
     operation and maintenance of the projects included 
     therein: Provided further, That $25,000,000 of the funds 
     provided herein shall be used for Louisiana Coastal Area 
     Restoration studies.
       For an additional amount for ``Investigations'' for flood 
     hazard analyses and technical studies related to the 
     consequences of Hurricane Katrina and other disasters, 
     $2,500,000 to remain available until expended: Provided, That 
     the amount provided under this heading is designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006: Provided further, That the Secretary of 
     the Army acting through the Chief of Engineers is directed to 
     use funds appropriated herein for disaster and other 
     emergency needs, of which up to $1,000,000 is for Flood Plain 
     Management Services for flood Hazard and hydrologic 
     investigations in flood prone areas of Hawaii; up to 
     $1,250,000 is for the Delta Islands and Levee study in 
     California; and $250,000 is for completion of the CALFED 180-
     day levee study: Provided further, That the amount shall be 
     available for the studies identified above and only to the 
     extent that an official budget request for a specific dollar 
     amount, that includes designation of the entire amount of the 
     request as an emergency requirement, is transmitted by the 
     President to the Congress.


                              CONSTRUCTION

       For an additional amount for ``Construction'' for necessary 
     expenses related to the consequences of Hurricane Katrina and 
     other hurricanes of the 2005 season, $595,300,000, to remain 
     available until expended, of which up to $100,000,000 may be 
     used to reduce the risk of storm damage to the greater New 
     Orleans metropolitan area, at full federal expense, by 
     restoring the surrounding wetlands through measures to 
     begin to reverse wetland losses in areas affected by 
     navigation, oil and gas, and other channels and through 
     modification of the Caernarvon Freshwater Diversion 
     structure or its operations; at least $495,300,000 shall 
     be used consistent with the cost-sharing provisions under 
     which the projects were originally constructed to raise 
     levee heights where necessary and otherwise enhance the 
     existing Lake pontchartrain and Vicinity project and the 
     existing West Bank and Vicinity project to provide the 
     levels of protection necessary to achieve the 
     certification required for participation in the National 
     Flood Insurance Program under the base flood elevations 
     current at the time of this construction: Provided, That 
     any project using funds appropriated herein shall be 
     initiated only after non-Federal interests have entered 
     into binding agreements with the Secretary of the Army to 
     pay 100 percent of the operation, maintenance, repair, 
     replacement and rehabilitation costs of the project and to 
     hold and save the United

[[Page S3816]]

     States free from damages due to the construction or 
     operation and maintenance of the project, except for 
     damages due to the fault or negligence of the United 
     States or its contractors: Provided further, That Congress 
     designates this amount as an emergency requirement for 
     these specific purposes: Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 
     (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.
       For an additional amount for Construction'' for necessary 
     expenses related to other disasters, $39,000,000, to remain 
     available until expended: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 
     2006: Provided further, That the Secretary of the Army 
     acting through the Chief of Engineers is directed to use 
     funds appropriated herein for disaster and other emergency 
     needs, of which up to $7,100,000 is for South Sacramento 
     Streams, California; up to $23,300,000 is for the 
     Sacramento River Bank Protection, California; up to 
     $5,100,000 is for American River (Common Features), 
     California; up to $1,500,000 is for North Padre Island, 
     Texas; and up to $2,000,000 shall be provided at full 
     Federal expense for the Hawaii water systems technical 
     assistance program: Provided further, That the amount 
     shall be available for the projects identified above and 
     only to the extent that an official budget request for a 
     specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement, 
     is transmitted by the President to the Congress.


                       operations and maintenance

       For an additional amount for ``Operations and Maintenance'' 
     to dredge navigation channels and repair other Corps projects 
     related to the consequences of Hurricane Katrina and other 
     hurricanes of the 2005 season, 3,200,000 to remain available 
     until expended: Provided, That the amount provided under this 
     heading is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006: 
     Provided further, That the Secretary of the Army acting 
     through the Chief of Engineers is directed to use funds 
     appropriated herein for dredging needs along the Texas gulf 
     coast, of which up to $2,000,000 is for Freeport Harbor, 
     Texas; and up to $1,200,000 is for Texas City, Texas: 
     Provided further, That the amount shall be available only for 
     the projects identified above and to the extent that an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request 
     as an emergency requirement, is transmitted by the 
     President to the Congress.


                 FLOOD CONTROL AND COASTAL EMERGENCIES

       For an additional amount for ``Flood Control and Coastal 
     Emergencies,'' as authorized by section 5 of the Flood 
     Control Act of August 18, 1941, as amended (33 U.S.C. 701n), 
     for necessary expenses related to the consequences of 
     Hurricane Katrina and other hurricanes of the 2005 season, 
     $3,099,000,000, to remain available until expended: Provided, 
     That the Secretary of the Army is directed to use the funds 
     appropriated herein to modify, at full Federal expense, 
     authorized projects in southeast Louisiana to provide 
     hurricane and storm damage reduction and flood damage 
     reduction in the greater New Orleans and surrounding areas; 
     of the funds provided herein, $530,000,000 shall be used to 
     modify the 17th Street, Orleans Avenue and London Avenue 
     drainage canals, and install pumps and closure structures at 
     or near the lakefront; $250,000,000 shall be used for storm-
     proofing interior pump stations to ensure their operability 
     during hurricanes, storms and high water events; $170,000,000 
     shall be used for armoring critical elements of the New 
     Orleans hurricane and storm damage reduction system; 
     $350,000,000 shall be used to improve protection at the Inner 
     Harbor Navigation Canal; $215,000,000 shall be used to 
     replace or modify certain non-Federal levees in Plaquemines 
     Parish to incorporate them into the existing New Orleans to 
     Venice hurricane protection project; and $1,584,000,000 shall 
     be used for reinforcing or replacing floodwalls, where 
     necessary, in the existing Lake Pontchartrain and Vicinity 
     project and the existing West Bank and Vicinity project to 
     improve the systems' performance: Provided further, That 
     any project using funds appropriated herein shall be 
     initiated only after non-Federal interests have entered 
     into binding agreements with the Secretary to pay 100 
     percent of the operation, maintenance, repair, 
     replacement, and rehabilitation costs of the project and 
     to hold and save the United States free from damages due 
     to the construction or operation and maintenance of the 
     project, except for damages due to the fault or negligence 
     of the United States or its contractors: Provided further, 
     That the amount provided under this heading is designated 
     as an emergency requirement pursuant to section 402 of H. 
     Con. Res. 95 (109th Congress), the concurrent resolution 
     on the budget for fiscal year 2006.
       For an additional amount for ``Flood Control and Coastal 
     Emergencies, `` as authorized by section 5 of the Flood 
     Control Act of August 18, 1941, as amended (33 U.S.C. 701n), 
     for necessary expenses related to this and other disasters, 
     $17,500,000, to remain available until expended: Provided, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 (109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006: Provided further, That the 
     Secretary of the Army acting through the Chief of Engineers 
     is directed to use funds appropriated herein for restoration 
     of funds for hurricane damaged projects in Pennsylvania: 
     Provided further, That the amount shall be available for the 
     projects identified above and only to the extent that an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement, is transmitted by the President to 
     the Congress.
                                 ______
                                 
  SA 3770. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


         ACTIVITIES AND EXPORTS INVOLVING HYDROCARBON RESOURCES

       Sec. 7___. (a) Congress finds that--
       (1) the United States is the largest oil importer in the 
     world;
       (2) the Federal Government predicts that, by 2025, 68 
     percent of the oil used in the United States will be 
     imported;
       (3) \2/3\ of the oil reserves of the world are located in 
     the politically unstable Middle East and are controlled by 
     members of the Organization of Petroleum Exporting Countries;
       (4) global fuel consumption is projected to increase by 100 
     percent to 150 percent during the next 20 years, driven 
     largely by the Chinese and Indian economies;
       (5) that increased demand for fuel--
       (A) will place the United States in ever-greater 
     competition for oil and gas resources; and
       (B) may result in an extension of Chinese involvement in 
     developing Cuban oil and gas reserves to within a few miles 
     of the coastline of the United States;
       (6) the United States adheres to the principle that, in a 
     case in which the exclusive economic zone of the United 
     States is contiguous to the exclusive economic zone of 
     another country, a point equidistant to the maritime 
     baselines of the 2 countries demarcates the exclusive 
     economic zone of each;
       (7) an example of the application of the principle 
     described in paragraph (6) is that the exclusive economic 
     zone of Cuba extends to within--
       (A) 52 miles of the Florida Keys at--
       (i) south of 24 degrees north latitude; and
       (ii) east of -81 degrees west longitude; and
       (B) 85.4 miles of the Florida peninsula at--
       (i) south of 24 degrees north latitude; and
       (ii) east of -81 degrees west longitude;
       (8) Cubapetroleo, the state oil company of Cuba, recently--
       (A) signed an oil production sharing agreement with the 
     China Petroleum and Chemical Corporation; and
       (B) purchased 3 deep-water drilling rigs from that Chinese 
     state enterprise for use in the exclusive economic zone of 
     Cuba;
       (9) the exclusive economic zone of Cuba in the Gulf of 
     Mexico is a 112,000-square-kilometer area that has been 
     divided into 59 exploration blocks, each of which is 
     approximately 2,000 square kilometers and an average depth of 
     2,000 meters (except that some of those blocks have a depth 
     of as great as 4,000 meters);
       (10) the northernmost of the exploration blocks described 
     in paragraph (9) are located off the southwest coast of the 
     State of Florida;
       (11) a United States Geological Survey report entitled 
     ``Assessment of Undiscovered Oil and Gas Resources of the 
     North Cuba Basin 2004'' estimated that between 1,000,000,000 
     and 9,300,000,000 barrels of undiscovered oil and between 
     1,900,000,000,000 and 22,000,000,000,000 cubic feet of 
     undiscovered natural gas along the northern coast of Cuba;
       (12) the national security strategy of the President 
     recognizes the increasing resource needs of China by stating 
     that China is ``expanding trade, but acting as if they can 
     somehow lock up energy supplies around the world or seek to 
     direct markets rather than opening them up.'';
       (13) the United States embargo on Cuba prohibits United 
     States companies from engaging in the exploration or 
     extraction of hydrocarbon resources from the exclusive 
     economic zone of Cuba;
       (14) United States oil and gas industries are the world's 
     leaders in the efficient and environmentally-safe extraction 
     of oil and gas resources from marine deposits; and
       (15) it is in the energy, national security, and 
     environmental interests of the United States that the oil and 
     gas companies of the United States be permitted to operate in 
     the foreign exclusive economic zones that is contiguous to 
     the exclusive economic zone of the United States.
       (b) The purpose of this section is to permit United States 
     companies to participate in the exploration for and the 
     extraction of hydrocarbon resources from any portion of a 
     foreign maritime exclusive economic zone that is contiguous 
     to the exclusive economic zone of the United States.
       (c) Notwithstanding any other provision of law (including a 
     regulation), United States

[[Page S3817]]

     companies (including agents and affiliates of those 
     companies) may--
       (1) engage in any transaction necessary for the exploration 
     for and extraction of hydrocarbon resources from any portion 
     of any foreign exclusive economic zone that is contiguous to 
     the exclusive economic zone of the United States; and
       (2) export without license authority all equipment 
     necessary for the exploration for or extraction of 
     hydrocarbon resources described in paragraph (1).
       (d) Section 910 of the Trade Sanctions Reform and Export 
     Enhancement Act of 2000 (22 U.S.C. 7209) is amended by 
     inserting after subsection (b) the following:
       ``(c) General License Authority for Travel-Related 
     Expenditures by Persons Engaging in Hydrocarbon Exploration 
     and Extraction Activities.--
       ``(1) In general.--The Secretary of the Treasury shall, 
     authorize under a general license the travel-related 
     transactions listed in section 515.560(c) of title 31, Code 
     of Federal Regulations, for travel to, from or within Cuba in 
     connection with exploration for and the extraction of 
     hydrocarbon resources in any part of a foreign maritime 
     Exclusive Economic Zone that is contiguous to the United 
     States' Exclusive Economic Zone.
       ``(2) Persons authorized.--Persons authorized to travel to 
     Cuba under this section include full-time employees, 
     executives, agents, and consultants of oil and gas producers, 
     distributors, and shippers.''.
                                 ______
                                 
  SA 3771. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 247, line 11, insert ``and the Committee on Health, 
     Education, Labor, and Pensions of the Senate'' after 
     ``propriations''.
       On page 248, line 2, insert ``and the Committee on Health, 
     Education, Labor, and Pensions of the Senate'' after 
     ``Appropriations''.
                                 ______
                                 
  SA 3772. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


               DEMOCRACY PROGRAMS AND ACTIVITIES IN IRAN

       Sec. 7032. (a) Congress makes the following findings:
       (1) The people of the United States have long demonstrated 
     an interest in the well-being of the people of Iran, dating 
     back to the 1830s.
       (2) Famous Americans such as Howard Baskerville, Dr. Samuel 
     Martin, Jane E. Doolittle, and Louis G. Dreyfus, Jr., made 
     significant contributions to Iranian society by furthering 
     the educational opportunities of the people of Iran and 
     improving the opportunities of the less fortunate citizens of 
     Iran.
       (3) Iran and the United States were allies following World 
     War II, and through the late 1970s Iran was as an important 
     regional ally of the United States and a key bulwark against 
     Soviet influence.
       (4) In November 1979, following the arrival of Mohammed 
     Reza Shah Pahlavi in the United States, a mob of students and 
     extremists seized the United States Embassy in Tehran, Iran, 
     holding United States diplomatic personnel hostage until 
     January 1981.
       (5) Following the seizure of the United States Embassy, 
     Ayatollah Ruhollah Khomeini, leader of the repressive 
     revolutionary movement in Iran, expressed support for the 
     actions of the students in taking American citizens hostage.
       (6) Despite the presidential election of May 1997, an 
     election in which an estimated 91 percent of the electorate 
     participated, control of the internal and external affairs of 
     the Islamic Republic of Iran is still exercised by the courts 
     in Iran and the Revolutionary Guards, Supreme Leader, and 
     Council of Guardians of the Government of Iran.
       (7) The election results of the May 1997 election and the 
     high level of voter participation in that election 
     demonstrate that the people of Iran favor economic and 
     political reforms and greater interaction with the United 
     States and the Western world in general.
       (8) Efforts by the United States to improve relations with 
     Iran have been rebuffed by the Government of Iran.
       (9) The Clinton Administration eased sanctions against Iran 
     and promoted people-to-people exchanges, but the Leader of 
     the Islamic Revolution Ayatollah Ali Khamenei, the Militant 
     Clerics' Society, the Islamic Coalition Organization, and 
     Supporters of the Party of God have all opposed efforts to 
     open Iranian society to Western influences and have opposed 
     efforts to change the dynamic of relations between the United 
     States and Iran.
       (10) For the past two decades, the Department of State has 
     found Iran to be the leading sponsor of international 
     terrorism in the world.
       (11) In 1983, the Iran-sponsored Hezbollah terrorist 
     organization conducted suicide terrorist operations against 
     United States military and civilian personnel in Beirut, 
     Lebanon, resulting in the deaths of hundreds of Americans.
       (12) The United States intelligence community and law 
     enforcement personnel have linked Iran to attacks against 
     American military personnel at Khobar Towers in Saudi Arabia 
     in 1996 and to al Qaeda attacks against civilians in Saudi 
     Arabia in 2004.
       (13) According to the Department of State's Patterns of 
     Global Terrorism 2001 report, ``Iran's Islamic Revolutionary 
     Guard Corps and Ministry of Intelligence and Security 
     continued to be involved in the planning and support of 
     terrorist acts and supported a variety of groups that use 
     terrorism to pursue their goals,'' and ``Iran continued to 
     provide Lebanese Hizballah and the Palestinian rejectionist 
     groups--notably HAMAS, the Palestinian Islamic Jihad, and the 
     [Popular Front for the Liberation of Palestine-General 
     Command]--with varying amounts of funding, safehaven, 
     training and weapons''.
       (14) Iran currently operates more than 10 radio and 
     television stations broadcasting in Iraq that incite violent 
     actions against United States and coalition personnel in 
     Iraq.
       (15) The current leaders of Iran, Ayatollah Ali Khamenei 
     and Hashemi Rafsanjani, have repeatedly called upon Muslims 
     to kill Americans in Iraq and install a theocratic regime in 
     Iraq.
       (16) The Government of Iran has admitted pursuing a 
     clandestine nuclear program, which the United States 
     intelligence community believes may include a nuclear weapons 
     program.
       (17) The Government of Iran has failed to meet repeated 
     pledges to arrest and extradite foreign terrorists in Iran.
       (18) The United States Government believes that the 
     Government of Iran supports terrorists and extremist 
     religious leaders in Iraq with the clear intention of 
     subverting coalition efforts to bring peace and democracy to 
     Iraq.
       (19) The Ministry of Defense of Iran confirmed in July 2003 
     that it had successfully conducted the final test of the 
     Shahab-3 missile, giving Iran an operational intermediate-
     range ballistic missile capable of striking both Israel and 
     United States troops throughout the Middle East and 
     Afghanistan.
       (b) Congress declares that it should be the policy of the 
     United States--
       (1) to support efforts by the people of Iran to exercise 
     self-determination over the form of government of their 
     country; and
       (2) to actively support a national referendum in Iran with 
     oversight by international observers and monitors to certify 
     the integrity and fairness of the referendum.
       (c)(1) The President is authorized, notwithstanding any 
     other provision of law, to provide financial and political 
     assistance (including the award of grants) to foreign and 
     domestic individuals, organizations, and entities that 
     support democracy and the promotion of democracy in Iran. 
     Such assistance includes funding for--
       (A) the Broadcasting Board of Governors for efforts to 
     cultivate and support independent broadcasters that broadcast 
     into Iran;
       (B) cultural and student exchanges;
       (C) the promotion of human rights and civil society 
     activities in Iran; and
       (D) assistance to student organizations, labor unions, and 
     trade associations in Iran.
       (2) It is the sense of Congress that financial and 
     political assistance under this section be provided to an 
     individual, organization, or entity that--
       (A) opposes the use of terrorism;
       (B) advocates the adherence by Iran to nonproliferation 
     regimes for nuclear, chemical, and biological weapons and 
     materiel;
       (C) is dedicated to democratic values and supports the 
     adoption of a democratic form of government in Iran;
       (D) is dedicated to respect for human rights, including the 
     fundamental equality of women;
       (E) works to establish equality of opportunity for people; 
     and
       (F) supports freedom of the press, freedom of speech, 
     freedom of association, and freedom of religion.
       (3) The President may provide assistance under this 
     subsection using amounts made available pursuant to the 
     authorization of appropriations under paragraph (7).
       (4) Not later than 15 days before each obligation of 
     assistance under this subsection, and in accordance with the 
     procedures under section 634A of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2394-l), the President shall notify the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives.
       (5) It is the sense of Congress that in order to ensure 
     maximum coordination among Federal agencies, if the President 
     provides the assistance under this section, the President 
     should appoint an individual who shall--
       (A) serve as special assistant to the President on matters 
     relating to Iran; and
       (B) coordinate among the appropriate directors of the 
     National Security Council on issues regarding such matters.
       (6) It is the sense of Congress that--
       (A) support for a transition to democracy in Iran should be 
     expressed by United States representatives and officials in 
     all appropriate international fora;
       (B) representatives of the Government of Iran should be 
     denied access to all United States Government buildings;

[[Page S3818]]

       (C) efforts to bring a halt to the nuclear weapons program 
     of Iran, including steps to end the supply of nuclear 
     components or fuel to Iran, should be intensified, with 
     particular attention focused on the cooperation regarding 
     such program--
       (i) between the Government of Iran and the Government of 
     the Russian Federation; and
       (ii) between the Government of Iran and individuals from 
     China, Malaysia, and Pakistan, including the network of Dr. 
     Abdul Qadeer (A. Q.) Khan; and
       (D) officials and representatives of the United States 
     should--
       (i) strongly and unequivocally support indigenous efforts 
     in Iran calling for free, transparent, and democratic 
     elections; and
       (ii) draw international attention to violations by the 
     Government of Iran of human rights, freedom of religion, 
     freedom of assembly, and freedom of the press.
       (7) There is authorized to be appropriated to the 
     Department of State $100,000,000 to carry out activities 
     under this subsection.
       (d) Not later than 15 days before designating a democratic 
     opposition organization as eligible to receive assistance 
     under subsection (b), the President shall notify the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate and the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives of the proposed designation. 
     The notification may be in classified form.
       (e)(1) Of the amount appropriated by chapter 2 of title I 
     under the heading ``DEPARTMENT OF STATE AND RELATED AGENCY'', 
     excluding funds appropriated for Educational and Cultural 
     Exchange Programs and Public Diplomacy Programs, $42,750,000 
     shall be available for the Broadcasting Board of Governors 
     for democracy programs and activities in Iran.
       (2) Of the amount appropriated by chapter 4 of title I, 
     $47,250,000 shall be made available for the Democracy Fund 
     for democracy programs and activities in Iran.
                                 ______
                                 
  SA 3773. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:

                    TITLE VIII--GAS PRICE REDUCTION

     SEC. 8000. SHORT TITLE.

       This title may be cited as the ``Gas Price Reduction Act of 
     2006''.

        Subtitle A--Temporary Reduction in Highway Fuel Tax Rate

     SEC. 8101. REDUCTION IN HIGHWAY FUEL TAX AND MAINTENANCE OF 
                   HIGHWAY TRUST FUND.

       (a) In General.--Section 4081 of the Internal Revenue Code 
     of 1986 (relating to imposition of tax on gasoline, diesel 
     fuel, and kerosene) is amended by adding at the end the 
     following new subsection:
       ``(f) Temporary Reduction in Taxes on Gasoline, Diesel 
     Fuel, and Kerosene.--
       ``(1) In general.--During the applicable period, each rate 
     of tax referred to in paragraph (2) shall be reduced to zero 
     cents per gallon.
       ``(2) Rates of tax.--The rates of tax referred to in this 
     paragraph are the rates of tax otherwise applicable under--
       ``(A) clause (i) and (iii) of subsection (a)(2)(A) 
     (relating to gasoline, diesel fuel, and kerosene), determined 
     without regard to subparagraph (B) or (C) of subsection 
     (a)(2), and
       ``(B) paragraph (1) of section 4041(a) (relating to diesel 
     fuel) with respect to fuel sold for use or used in a diesel-
     powered highway vehicle.
       ``(3) Applicable period.--For purposes of this subsection, 
     the term `applicable period' means the period beginning after 
     the date of the enactment of the Gas Price Reduction Act of 
     2006, and ending before October 1, 2006.
       ``(4) Maintenance of trust fund deposits.--In determining 
     the amounts to be appropriated to the Highway Trust Fund 
     under section 9503, an amount equal to the reduction in 
     revenues to the Treasury by reason of this subsection shall 
     be treated as taxes received in the Treasury under this 
     section.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 8102. FLOOR STOCK REFUNDS.

       (a) In General.--If--
       (1) before a tax reduction date, a tax referred to in 
     section 4081(f)(2) of the Internal Revenue Code of 1986 has 
     been imposed on any liquid, and
       (2) on such date such liquid is held by a dealer and has 
     not been used and is intended for sale, there shall be 
     credited (without interest) to the person who paid such tax 
     (hereafter in this section referred to as the ``taxpayer''), 
     against the taxpayer's subsequent semi-monthly deposit of 
     such tax, an amount equal to the excess of the tax paid by 
     the taxpayer over the amount of such tax which would be 
     imposed on such liquid had the taxable event occurred on the 
     tax reduction date.
       (b) Certification Necessary to File Claim for Credit.--
       (1) In general.--In any case where liquid is held by a 
     dealer (other than the taxpayer) on the tax reduction date, 
     no credit amount with respect to such liquid shall be allowed 
     to the taxpayer under subsection (a) unless the taxpayer 
     files with the Secretary--
       (A) a certification that the taxpayer has given a credit to 
     such dealer with respect to such liquid against the dealer's 
     first purchase of liquid from the taxpayer subsequent to the 
     tax reduction date, and
       (B) a certification by such dealer that such dealer has 
     given a credit to a succeeding dealer (if any) with respect 
     to such liquid against the succeeding dealer's first purchase 
     of liquid from such dealer subsequent to the tax reduction 
     date.
       (2) Reasonableness of claims certified.--Any certification 
     made under paragraph (1) shall include an additional 
     certification that the claim for credit was reasonable based 
     on the taxpayer's or dealer's past business relationship with 
     the succeeding dealer.
       (c) Exception for Fuel Held in Retail Stocks.--No credit or 
     refund shall be allowed under this section with respect to 
     any liquid in retail stocks held at the place where intended 
     to be sold at retail.
       (d) Definitions.--For purposes of this section--
       (1) the terms ``dealer'' and ``held by a dealer'' have the 
     respective meanings given to such terms by section 6412 of 
     such Code; except that the term ``dealer'' includes a 
     producer, and
       (2) the term ``tax reduction date'' means the day after the 
     date of the enactment of this Act.
       (e) Certain Rules to Apply.--Rules similar to the rules of 
     subsections (b) and (c) of section 6412 of such Code shall 
     apply for purposes of this section.

     SEC. 8103. FLOOR STOCKS TAX.

       (a) Imposition of Tax.--In the case of any liquid on which 
     tax would have been imposed under section 4081 of the 
     Internal Revenue Code of 1986 during the applicable period 
     but for the amendments made by this title, and which is held 
     on the floor stocks tax date by any person, there is hereby 
     imposed a floor stocks tax in an amount equal to the tax 
     which would be imposed on such liquid had the taxable event 
     occurred on the floor stocks tax date.
       (b) Liability for Tax and Method of Payment.--
       (1) Liability for tax.--A person holding a liquid on the 
     floor stocks tax date to which the tax imposed by subsection 
     (a) applies shall be liable for such tax.
       (2) Method of payment.--The tax imposed by subsection (a) 
     shall be paid in such manner as the Secretary shall 
     prescribe.
       (3) Time for payment.--The tax imposed by subsection (a) 
     shall be paid on or before the date which is 6 months after 
     the floor stocks tax date.
       (c) Definitions.--For purposes of this section--
       (1) Held by a person.--A liquid shall be considered as 
     ``held by a person'' if title thereto has passed to such 
     person (whether or not delivery to the person has been made).
       (2) Gasoline, diesel fuel, and aviation fuel.--The terms 
     ``gasoline'' and ``diesel fuel'' have the respective meanings 
     given such terms by sections 4083 of such Code.
       (3) Floor stocks tax date.--The term ``floor stocks tax 
     date'' means October 1, 2006.
       (4) Applicable period.--The term ``applicable period'' has 
     the meaning given such term by section 4081(f)(3) of such 
     Code.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (d) Exception for Exempt Uses.--The tax imposed by 
     subsection (a) shall not apply to gasoline, diesel fuel, 
     kerosene, or aviation fuel held by any person exclusively for 
     any use to the extent a credit or refund of the tax imposed 
     by section 4081 of such Code is allowable for such use.
       (e) Exception for Fuel Held in Vehicle Tank.--No tax shall 
     be imposed by subsection (a) on gasoline, diesel fuel, or 
     kerosene held in the tank of a motor vehicle.
       (f) Exception for Certain Amounts of Fuel.--
       (1) In general.--No tax shall be imposed by subsection 
     (a)--
       (A) on gasoline held on the floor stocks tax date by any 
     person if the aggregate amount of gasoline held by such 
     person on such date does not exceed 4,000 gallons, and
       (B) on diesel fuel or kerosene held on such date by any 
     person if the aggregate amount of diesel fuel or kerosene 
     held by such person on such date does not exceed 2,000 
     gallons.

     The preceding sentence shall apply only if such person 
     submits to the Secretary (at the time and in the manner 
     required by the Secretary) such information as the Secretary 
     shall require for purposes of this subsection.
       (2) Exempt fuel.--For purposes of paragraph (1), there 
     shall not be taken into account fuel held by any person which 
     is exempt from the tax imposed by subsection (a) by reason of 
     subsection (d) or (e).
       (3) Controlled groups.--For purposes of this subsection--
       (A) Corporations.--
       (i) In general.--All persons treated as a controlled group 
     shall be treated as 1 person.
       (ii) Controlled group.--The term ``controlled group'' has 
     the meaning given to such term by subsection (a) of section 
     1563 of such Code; except that for such purposes the phrase 
     ``more than 50 percent'' shall be substituted for the phrase 
     ``at least 80 percent'' each place it appears in such 
     subsection.
       (B) Nonincorporated persons under common control.--Under 
     regulations prescribed by the Secretary, principles similar 
     to the principles of this subparagraph shall apply to

[[Page S3819]]

     a group of persons under common control where 1 or more of 
     such persons is not a corporation.
       (g) Other Law Applicable.--All provisions of law, including 
     penalties, applicable with respect to the taxes imposed by 
     section 4081 of such Code shall, insofar as applicable and 
     not inconsistent with the provisions of this section, apply 
     with respect to the floor stock taxes imposed by subsection 
     (a) to the same extent as if such taxes were imposed by such 
     section 4081.

     SEC. 8104. BENEFITS OF TAX REDUCTION SHOULD BE PASSED ON TO 
                   CONSUMERS.

       (a) Passthrough to Consumers.--
       (1) Sense of congress.--It is the sense of Congress that--
       (A) consumers immediately receive the benefit of the 
     reduction in taxes under this title, and
       (B) transportation motor fuels producers and other dealers 
     take such actions as necessary to reduce transportation motor 
     fuels prices to reflect such reduction, including immediate 
     credits to customer accounts representing tax refunds allowed 
     as credits against excise tax deposit payments under the 
     floor stocks refund provisions of this title.
       (2) Study.--
       (A) In general.--The Comptroller General of the United 
     States and the Attorney General of the United States shall 
     conduct a study of the reduction of taxes under this title to 
     determine whether there has been a passthrough of such 
     reduction.
       (B) Report.--Not later than June 30, 2006, the Comptroller 
     General of the United States and the Attorney General of the 
     United States shall report to the Committee on Finance of the 
     Senate and the Committee on Ways and Means of the House of 
     Representatives the results of the study conducted under 
     subparagraph (A).

    Subtitle B--Suspension of Royalty Relief and Certain Incentives

     SEC. 8201. SUSPENSION OF ROYALTY RELIEF.

       (a) New Leases.--
       (1) Requirement.--The Secretary of the Interior (referred 
     to in this title as the ``Secretary'') shall suspend the 
     application of any provision of Federal law under which a 
     person would otherwise be provided relief from a requirement 
     to pay a royalty for the production of oil or natural gas 
     from Federal land (including submerged land) occurring on or 
     after the date of enactment of this Act during a period in 
     which--
       (A) for the production of oil, the average price of crude 
     oil in the United States during the 4-week period immediately 
     preceding the suspension is greater than $35.86 per barrel; 
     and
       (B) for the production of natural gas, the average wellhead 
     price of natural gas in the United States during the 4-week 
     period immediately preceding the suspension is greater than 
     $4.48 per 1,000 cubic feet.
       (2) Determination of average prices.--For purposes of 
     paragraph (1), the Secretary shall determine average prices, 
     taking into consideration the most recent data reported by 
     the Energy Information Administration.
       (b) Renegotiation of Existing Leases.--
       (1) Requirement.--The Secretary shall, to the maximum 
     extent practicable, renegotiate each lease authorizing 
     production of oil or natural gas on Federal land (including 
     submerged land) issued by the Secretary before the date of 
     the enactment of this Act as the Secretary determines to be 
     necessary to modify the terms of the lease to ensure that a 
     suspension of a requirement to pay royalties under the lease 
     does not apply to production described in subsection (a)(1).
       (2) Failure to renegotiate and modify.--
       (A) In general.--Beginning on the date that is 1 year after 
     the date of enactment of this Act, a lessee that does not 
     renegotiate a lease described in paragraph (1) in accordance 
     with that paragraph shall not be eligible to enter into a new 
     lease authorizing production of oil or natural gas on Federal 
     land (including submerged land).
       (B) Transfers.--A lessee shall not be eligible to obtain by 
     sale or other transfer any lease described in paragraph (1) 
     issued before the date of enactment of this Act, unless the 
     lessee--
       (i) renegotiates the lease; and
       (ii) enters into an agreement with the Secretary to modify 
     the terms of the lease in accordance with paragraph (1).

     SEC. 8202. REPEAL OF ULTRA-DEEPWATER AND UNCONVENTIONAL 
                   ONSHORE NATURAL GAS AND OTHER PETROLEUM 
                   RESEARCH AND DEVELOPMENT PROGRAM.

       (a) In General.--Subtitle J of title IX of the Energy 
     Policy Act of 2005 is repealed.
       (b) Effective Date.--The repeal under subsection (a) shall 
     take effect on the date of the enactment of this Act.

   Subtitle C--Suspension of Certain Energy Production Tax Incentives

     SEC. 8301. SUSPENSION OF DEDUCTION FOR INTANGIBLE DRILLING 
                   AND DEVELOPMENT COSTS.

       Section 263(c) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new sentence: 
     ``This section shall not apply with respect to any costs paid 
     or incurred by a taxpayer which is an integrated oil company 
     (as defined in section 291(b)(4)) which has an average daily 
     worldwide production of crude oil of at least 500,000 barrels 
     for the taxable year or a related person to such company 
     during the period beginning on the date of the enactment of 
     this sentence and ending on the date on which aggregate 
     revenues resulting from the provisions of, and amendments 
     made by, sections 8201 through 8304 of the Gas Price 
     Reduction Act of 2006 are estimated by the Secretary to equal 
     the aggregate appropriations made to the Highway Trust Fund 
     by reason of section 9503(f)(4).''.

     SEC. 8302. SUSPENSION OF CREDIT FOR PRODUCING FUEL FROM A 
                   NONCONVENTIONAL SOURCE.

       Section 45K of the Internal Revenue Code of 1986 is amended 
     by adding at the end the following new subsection:
       ``(h) Nonapplication of Section.--This section shall not 
     apply with respect to any fuel described in subsection 
     (c)(1)(A) or subsection (c)(1)(B)(i) sold by a taxpayer which 
     is an integrated oil company (as defined in section 
     291(b)(4)) which has an average daily worldwide production of 
     crude oil of at least 500,000 barrels for the taxable year or 
     a related person to such company during the period beginning 
     on the date of the enactment of this subsection and ending on 
     the date on which aggregate revenues resulting from the 
     provisions of, and amendments made by, sections 8201 through 
     8304 of the Gas Price Reduction Act of 2006 are estimated by 
     the Secretary to equal the aggregate appropriations made to 
     the Highway Trust Fund by reason of section 9503(f)(4).''.

     SEC. 8303. SUSPENSION OF AMORTIZATION OF GEOLOGICAL AND 
                   GEOPHYSICAL EXPENDITURES.

       Section 167(h) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new paragraph:
       ``(5) Nonapplication of subsection.--This subsection shall 
     not apply with respect to any expenses paid or incurred by a 
     taxpayer which is an integrated oil company (as defined in 
     section 291(b)(4)) which has an average daily worldwide 
     production of crude oil of at least 500,000 barrels for the 
     taxable year or a related person to such company during the 
     period beginning on the date of the enactment of this 
     subsection and ending on the date on which aggregate revenues 
     resulting from the provisions of, and amendments made by, 
     sections 8201 through 8304 of the Gas Price Reduction Act of 
     2006 are estimated by the Secretary to equal the aggregate 
     appropriations made to the Highway Trust Fund by reason of 
     section 9503(f)(4).''.

     SEC. 8304. SUSPENSION OF PERCENTAGE DEPLETION ALLOWANCE FOR 
                   OIL AND GAS PROPERTIES.

       Section 613A is amended by adding at the end the following 
     new subsection:
       ``(f) Termination.--The allowance for percentage depletion 
     shall be zero with respect to a taxpayer which is an 
     integrated oil company (as defined in section 291(b)(4)) 
     which has an average daily worldwide production of crude oil 
     of at least 500,000 barrels for the taxable year or a related 
     person to such company during the period beginning on the 
     date of the enactment of this subsection and ending on the 
     date on which aggregate revenues resulting from the 
     provisions of, and amendments made by, sections 8201 through 
     8304 of the Gas Price Reduction Act of 2006 are estimated by 
     the Secretary to equal the aggregate appropriations made to 
     the Highway Trust Fund by reason of section 9503(f)(4).''.
                                 ______
                                 
  SA 3774. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; as follows:

       On page 190, beginning on line 7, strike ``Provided,'' and 
     all that follows through ``Provided further,'' on line 11, 
     and insert the following: ``Provided, That of that amount, 
     $12,000,000 may be available for environmental cleanup and 
     removal of debris from Department of Veterans Affairs land in 
     Gulfport, Mississippi: Provided further, That of that amount, 
     $50,000,000 shall be available for any purpose for which 
     funds in the `Construction, Major Projects' account are 
     available under law:''.
                                 ______
                                 
  SA 3775. Mr. HARKIN (for himself, Mr. Johnson, and Mr. Kerry) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. CIVIL ACTIONS FOR CERTAIN FALSE CLAIMS.

       (a) In General.--Section 3730(b)(3) of title 31, United 
     States Code, is amended--
       (1) in this first sentence, by striking ``The Government'' 
     and inserting ``(A) Except as provided under subparagraph 
     (B), the Government''; and
       (2) by adding at the end the following:
       ``(B)(i) In this subparagraph, the term `covered civil 
     action' means any civil action brought under section 3729 
     regarding expenditures of Federal funds relating to Iraq, 
     Afghanistan, or the global war on terrorism.
       ``(ii) In any covered civil action, the total of all 
     extensions under subparagraph (A) may not exceed 365 days, 
     except that the Government may move the court for an 
     additional extension upon a showing of extraordinary 
     circumstances that disclosure of particular information in 
     the complaint, material evidence, or other information would 
     be

[[Page S3820]]

     detrimental to the public interest. If the Government makes 
     such a showing, the court shall seal any of the evidence or 
     information sufficient to prevent damage to the public 
     interest and the civil action shall proceed.''.
       (b) Effective Date and Application.--
       (1) Effective date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     apply to any covered civil action (as defined under section 
     3730(b)(3)(B)(i) of title 31, United States Code, as added by 
     subsection (a) of this section) filed on or after that date.
       (2) Application to certain prior civil actions.--
       (A) Limitation of extensions.--Except as provided under 
     subparagraph (B), in any such covered civil action--
       (i) filed 240 days or more before the date of enactment of 
     this Act, no extension granted under section 3730(b)(3)(A) of 
     that title may be in effect following the date occurring 120 
     days after such date of enactment; and
       (ii) filed during the 239-day period preceding such date of 
     enactment, no extension granted under section 3730(b)(3)(A) 
     of that title may be in effect following the date occurring 
     365 days after the date of such filing.
       (B) Exceptions.--The limitations under subpargraph (A) 
     shall apply except for a showing by the Government of 
     extraordinary circumstances that disclosure of particular 
     information in the complaint, material evidence, or other 
     information would be detrimental to the public interest. If 
     the Government makes such a showing, the court shall seal any 
     of the evidence or information sufficient to prevent damage 
     to the public interest and the civil action shall proceed.
                                 ______
                                 
  SA 3776. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 207, lines 5 and 6, strike ``paragraph (2)'' and 
     insert ``paragraphs (2) and (3)''.
       On page 207, between lines 15 and 16, insert the following:
       (2) Noninsured producers.--Except as provided in paragraph 
     (3), for producers on a farm that were eligible to acquire 
     crop insurance for the applicable production loss and failed 
     to do so or failed to submit an application for the 
     noninsured assistance program for the loss, the Secretary 
     shall make assistance in accordance with paragraph (1), 
     except that the payment rate shall be 35 percent of the 
     established price, instead of 50 percent.
       On page 207, line 16, strike ``(2)'' and insert ``(3)''.
       Beginning on page 211, strike line 10 and all that follows 
     through page 213, line 14.
       On page 213, line 15, strike ``(f)'' and insert ``(e)''.
       Beginning on page 228, strike line 4 and all that follows 
     through page 230, line 18 and insert the following:

     SEC. 3021. REPLENISHMENT OF SECTION 32.

       (a) Definition of Specialty Crop.--In this section:
       (1) In general.--The term ``specialty crop'' means any 
     agricultural crop.
       (2) Exception.--The term ``specialty crop'' does not 
     include--
       (A) wheat;
       (B) feed grains;
       (C) oilseeds;
       (D) cotton;
       (E) rice;
       (F) peanuts; or
       (G) dairy.
       (b) Base State Grants.--
       (1) In general.--The Secretary shall use $25,500,000 of 
     funds of the Commodity Credit Corporation to make grants to 
     the several States, the District of Columbia, and the 
     Commonwealth of Puerto Rico to be used to support activities 
     that promote agriculture.
       (2) Amounts.--The amount of the grants shall be--
       (A) $500,000 to each of the several States; and
       (B) $250,000 to each of the Commonwealth of Puerto Rico and 
     the District of Columbia.
       (c) Grants for Value of Production.--The Secretary shall 
     use $59,500,000 of funds of the Commodity Credit Corporation 
     to make a grant to each of the several States in an amount 
     equal to the product obtained by multiplying--
       (1) the share of the State of the total value of specialty 
     crop and livestock production of the United States for the 
     2004 crop year, as determined by the Secretary; by
       (2) $49,500,000.
       (d) Special Crop and Livestock Priority.--As a condition on 
     the receipt of a grant under this section, a State shall 
     agree to give priority to the support of specialty crops and 
     livestock in the use of the grant funds.
       (e) Use of Funds.--A State may use funds from a grant 
     awarded under this section--
       (1) to supplement State food bank programs or other 
     nutrition assistance programs;
       (2) to promote the purchase, sale, or consumption of 
     agricultural products;
       (3) to provide economic assistance to agricultural 
     producers, giving a priority to the support of specialty 
     crops and livestock; or
       (4) for other purposes, as determined by the Secretary.

     SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall make a supplemental economic loss payment to--
       (1) any producer on a farm that received a direct payment 
     for crop year 2005 under title I of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.); or
       (2) any dairy producer that was eligible to receive a 
     payment during the 2005 calendar year under section 1502 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (b) Amount.--
       (1) Covered commodities.--Subject to paragraph (3), the 
     amount of a payment made to a producer on a farm under 
     subsection (a)(1) shall be equal to the product obtained by 
     multiplying--
       (A) 30 percent of the direct payment rate in effect for the 
     program crop of the farmer;
       (B) 85 percent of the program crop base of the farmer; and
       (C) the program payment yield for each program crop of the 
     farmer.
       (2) Dairy payments.--
       (A) Distribution.--Payments under subsection (a)(2) shall 
     be distributed in a manner that is consistent with section 
     1502 of the Farm and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (B) Maximum amount.--Subject to paragraph (3), the total 
     amount available for payments under subsection (a)(2) shall 
     not exceed $175,000,000.
       (3) Overall limitation.--The Secretary shall ensure that no 
     person receives payments under subsection (a) in excess of 
     the per person limitations applicable to producers that 
     receive payments under subsection (a)(1).
       On page 233, strike lines 3 through line 11.
       On page 233 line 12, strike ``3043'' and insert ``3042''.
                                 ______
                                 
  SA 3777. Mr. MENENDEZ (for himself, Mr. Leahy, Mr. Durbin, Mr. 
Sarbanes, Mr. Lautenberg, Mr. Dodd, and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 89, line 9, strike ``$69,800,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.''.

     and insert in lieu thereof ``$129,800,000, to remain 
     available until September 30, 2007: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.''.
                                 ______
                                 
  SA 3778. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


             TAX CREDIT FOR VEHICLES WITH HIGH FUEL ECONOMY

       Sec. __. For purposes of the Internal Revenue Code of 1986, 
     there shall be allowed as credit against the tax imposed 
     during the taxable year in which the vehicle is placed in 
     service an amount of $1000 for purchase of a vehicle that 
     obtains a minimum fuel economy of 45 miles per gallon.
                                 ______
                                 
  SA 3779. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


                    INVESTIGATION OF GASOLINE PRICES

       Sec. 7032. (a) In General.--If, based on weekly data 
     published by the Energy Information Administration of the 
     Department of Energy, the average price of regular grade 
     gasoline in a State increases 20 percent or more for at least 
     7 days during any 3-month period, the Federal Trade 
     Commission shall initiate an investigation into the retail 
     price of gasoline in that State to determine if the price of 
     gasoline is being artificially manipulated by reducing 
     refinery capacity or by any other form of manipulation.
       (b) Report.--Not later than 14 days after the initiation of 
     the investigation described in subsection (a), the Federal 
     Trade Commission shall report to Congress the results of the 
     investigation.
       (c) Public Meeting.--Not later than 14 days after issuing 
     the report described in subsection (b), the Federal Trade 
     Commission shall hold a public hearing in the State in which 
     the retail price of gasoline was investigated as described in 
     subsection (a) for the purpose of presenting the results of 
     the investigation.
       (d) Action on Price Increase.--
       (1) Finding of market manipulation.--If the Federal Trade 
     Commission determines that the increase in gasoline prices in 
     a

[[Page S3821]]

     State is a result of market manipulation, the Federal Trade 
     Commission shall, in cooperation with the Attorney General of 
     that State, take appropriate action.
       (2) No finding of market manipulation.--If the Federal 
     Trade Commission determines that the increase in gasoline 
     prices in a State is not the result of market manipulation, 
     the Federal Trade Commission shall notify the Secretary of 
     Energy, who shall, within 2 weeks of such notification, 
     decide if the Strategic Petroleum Reserve should be used to 
     assure adequate supplies of gasoline.
       (e) Termination.--This section shall cease to apply on the 
     date that is 5 years after the date of enactment of this Act.
                                 ______
                                 
  SA 3780. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


  FUEL ASSISTANCE FROM OIL COMPANIES PROVIDING HIGH EMPLOYEE BONUS OR 
                          RETIREMENT PACKAGES

       Sec. 7___. (a) In this section, the term ``large integrated 
     oil company'' means, with respect to any taxable year, an 
     integrated oil company (as defined in section 291(b)(4) of 
     the Internal Revenue Code of 1986) that--
       (1) has gross receipts in excess of $1,000,000 for the 
     taxable year; and
       (2) has an average daily worldwide production of crude oil 
     of at least 500,000 barrels for the taxable year.
       (b) Notwithstanding any other provision of law, if a large 
     integrated oil company provides to an offer or employee of 
     the large integrated oil company a salary bonus or retirement 
     package of more than $50,000,000, the large integrated oil 
     company shall pay an equal amount into the Low Income Home 
     Energy Assistance Program.
                                 ______
                                 
  SA 3781. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


                        FUEL-EFFICIENT VEHICLES

       Sec. __. (a) None of the funds made available in this Act 
     may be used to purchase a vehicle for the Federal government 
     that is not fuel-efficient to the greatest extent possible, 
     consistent with other federal laws.
       (b) Not later than 6 months after the date of the enactment 
     of this Act, the President shall submit to Congress a report 
     on the number and type of vehicles purchased by the Federal 
     government, including the fuel economy of such vehicles.
                                 ______
                                 
  SA 3782. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


   MENTAL HEALTH COUNSELING AND CARE FOR MEMBERS OF THE ARMED FORCES

       Sec. 1312. (a) Mental Health Counseling and Care for 
     Members of the Army.--
       (1) Additional amount for operation and maintenance, 
     army.--The amount appropriated by this chapter under the 
     heading ``Operation and Maintenance, Army'' is hereby 
     increased by $20,000,000, with the entire amount of the 
     increase designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       (2) Availability of amount.--Of the amount appropriated by 
     this chapter under the heading ``Operation and Maintenance, 
     Army'', as increased by paragraph (1), $20,000,000 shall be 
     available to expand resources available for mental health 
     counseling and care, including, in particular, suicide 
     prevention programs.
       (b) Mental Health Counseling and Care for Members of the 
     Navy.--
       (1) Additional amount for operation and maintenance, 
     navy.--The amount appropriated by this chapter under the 
     heading ``Operation and Maintenance, Navy'' is hereby 
     increased by $10,000,000, with the entire amount of the 
     increase designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       (2) Availability of amount.--Of the amount appropriated by 
     this chapter under the heading ``Operation and Maintenance, 
     Navy'', as increased by paragraph (1), $10,000,000 shall be 
     available to expand resources available for mental health 
     counseling and care, including, in particular, suicide 
     prevention programs.
       (c) Mental Health Counseling and Care for Members of the 
     Air Force.--
       (1) Additional amount for operation and maintenance, air 
     force.--The amount appropriated by this chapter under the 
     heading ``Operation and Maintenance, Air Force'' is hereby 
     increased by $10,000,000, with the entire amount of the 
     increase designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       (2) Availability of amount.--Of the amount appropriated by 
     this chapter under the heading ``Operation and Maintenance, 
     Air Force'', as increased by paragraph (1), $10,000,000 shall 
     be available to expand resources available for mental health 
     counseling and care, including, in particular, suicide 
     prevention programs.
       (d) Mental Health Counseling and Care for Members of the 
     Marine Corps.--
       (1) Additional amount for operation and maintenance, marine 
     corps.--The amount appropriated by this chapter under the 
     heading ``Operation and Maintenance, Marine Corps'' is hereby 
     increased by $10,000,000, with the entire amount of the 
     increase designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
       (2) Availability of amount.--Of the amount appropriated by 
     this chapter under the heading ``Operation and Maintenance, 
     Marine Corps'', as increased by paragraph (1), $10,000,000 
     shall be available to expand resources available for mental 
     health counseling and care, including, in particular, suicide 
     prevention programs.
                                 ______
                                 
  SA 3783. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


COMPREHENSIVE COMBAT CASUALTY CARE CENTER AT NAVAL MEDICAL CENTER, SAN 
                           DIEGO, CALIFORNIA

       Sec. 1312. (a) Additional Amount for Defense Health 
     Program.--The amount appropriated by this chapter under the 
     heading ``Defense Health Program'' is hereby increased by 
     $16,200,000, with the amount of the increase designated as an 
     emergency requirement pursuant to section 402 of H. Con. Res. 
     95 (109th Congress), the concurrent resolution on the budget 
     for fiscal year 2006.
       (b) Availability of Amount.--Of the amount appropriated by 
     this chapter under the heading ``Defense Health Program'', as 
     increased by subsection (a), $16,200,000 shall be available 
     for facilities improvements, staffing requirements, and 
     operations costs of the Comprehensive Combat Casualty Care 
     Center at the Naval Medical Center, San Diego, California.
                                 ______
                                 
  SA 3784. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


                 EMERGENCY FISHERY DISASTER ASSISTANCE

       Sec. __. (a) The Secretary of Commerce shall make a direct 
     payment to the Pacific States Marine Fisheries Commission to 
     distribute to fishing communities, Indian tribes, businesses, 
     holders of community development quotas issued under the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.), individuals, and other entities as 
     emergency disaster assistance to mitigate the economic losses 
     caused by declining Klamath River Fall Chinook salmon.
       (b) The Secretary of Commerce shall require that the 
     Pacific States Marine Fisheries Commission shall, not later 
     than 6 months after the date that the Commission receives a 
     payment under this section, submit to the Secretary of 
     Commerce and the Committee on Appropriations of the Senate 
     and the Committee on Appropriations of the House of 
     Representatives a report describing the persons to whom the 
     payment was distributed and the rationale for such 
     distribution.
       (c) There is appropriated to the Secretary of Commerce 
     $81,000,000 to make payments under this section and that 
     amount is designated as an emergency requirement pursuant to 
     section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006. Any 
     amount appropriated pursuant to this subsection that is not 
     used or otherwise obligated shall be returned to the general 
     fund of the Treasury.
                                 ______
                                 
  SA 3785. Mr. LEVIN (for himself, Mr. Dorgan, Ms. Stabenow, and Mr. 
Conrad) submitted an amendment intended to be proposed by him to the 
bill H.R. 4939, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


                        NORTHER BORDER AIRWINGS

       Sec. ___. (a) In General.--The amount provided in the title 
     titled ``BORDER SECURITY'' for recapitalization of air assets

[[Page S3822]]

     under the heading ``air and marine interdiction, operations, 
     maintenance, and procurement'' under the heading ``Customs 
     and Border Protection'' under the heading ``EMERGENCY 
     SUPPLEMENTAL APPROPRIATIONS FOR BORDER SECURITY'' is reduced 
     by $12,000,000.
       (b) Funds for Airwings.--Of the amount provided in the 
     title titled ``BORDER SECURITY'' for ``Air and Marine 
     Interdiction, Operations, Maintenance, and Procurement'' 
     under the heading ``air and marine interdiction, operations, 
     maintenance, and procurement'' under the heading ``Customs 
     and Border Protection'' under the heading ``EMERGENCY 
     SUPPLEMENTAL APPROPRIATIONS FOR BORDER SECURITY'', 
     $12,000,000 is for the Northern Border airwings in Michigan 
     and North Dakota: Provided, That the amount provided under 
     this subsection is designated as an emergency requirement 
     under section 402 of H. Con. Res. 95 (109th Congress), the 
     concurrent resolution on the budget for fiscal year 2006.
                                 ______
                                 
  SA 3786. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 126, between lines 12 and 13, insert the following:


   UNITED STATES INSTITUTE OF PEACE PROGRAMS IN IRAQ AND AFGHANISTAN

       Sec. 1406. (a)(1) The amount appropriated by this chapter 
     for other bilateral assistance under the heading ``Economic 
     Support Fund'' is hereby increased by $8,500,000.
       (2) The amount made available under paragraph (1) is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       (b) Of the amount appropriated by this chapter for other 
     bilateral assistance under the heading ``Economic Support 
     Fund'', as increased by subsection (a), $8,500,000 shall be 
     made available to the United States Institute of Peace for 
     programs in Iraq and Afghanistan.
       (c) Of the funds made available by chapter 2 of title II of 
     division A of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Tsunami Relief, 
     2005'' (Public Law 109-13) for military assistance under the 
     heading ``Peacekeeping Operations'' and available for the 
     Coalition Solidarity Initiative, $8,500,000 is rescinded.
                                 ______
                                 
  SA 3787. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:


                           EXPEDITED REMOVAL

       Sec. __. Notwithstanding any other provision of law, the 
     Secretary of Homeland Security may apply the expedited 
     removal authority under section 235(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(b)) to natives and citizens of 
     El Salvador.
                                 ______
                                 
  SA 3788. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


                     IMMIGRATION INJUNCTION REFORM

       Sec. 7032. (a) Short Title.--This section may be cited as 
     the ``Fairness in Immigration Litigation Act of 2006''.
       (b) Appropriate Remedies for Immigration Legislation.--
       (1) Limitation on civil actions.--No court may certify a 
     class under Rule 23 of the Federal Rules of Civil Procedure 
     in any civil action filed after the date of enactment of this 
     Act pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (2) Requirements for an order granting prospective relief 
     against the government.--
       (A) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (i) limit the relief to the minimum necessary to correct 
     the violation of law;
       (ii) adopt the least intrusive means to correct the 
     violation of law;
       (iii) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety, and
       (iv) provide for the expiration of the relief on a specific 
     date, which allows for the minimum practical time necessary 
     to remedy the violation.
       (B) Written explanation.--The requirements described in 
     subparagraph (A) shall be--
       (i) discussed and explained in writing in the order 
     granting prospective relief; and
       (ii) sufficiently detailed to allow review by another 
     court.
       (C) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (i) makes the findings required under subparagraph (A) for 
     the entry of permanent prospective relief; and
       (ii) makes the order final before expiration of such 90-day 
     period.
       (D) Requirements for order denying motion.--This paragraph 
     shall apply to any order denying the Government's motion to 
     vacate, modify, dissolve or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States.
       (3) Procedure for motion affecting order granting 
     prospective relief against the government.--
       (A) In general.--A court shall promptly rule on the 
     Government's motion to vacate, modify, dissolve or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (B) Automatic stays.--
       (i) In general.--The Government's motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief made in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.
       (ii) Duration of automatic stay.--An automatic stay under 
     clause (i) shall continue until the court enters an order 
     granting or denying the Government's motion.
       (iii) Postponement.--The court, for good cause, may 
     postpone an automatic stay under clause (i) for not longer 
     than 15 days. No further postponement of any such automatic 
     stay pursuant to this paragraph shall be available under this 
     subparagraph.
       (iv) Automatic stays during remands from higher courts.--If 
     a higher court orders that a decision on a motion subject to 
     this subsection be remanded to a lower court, the order 
     granting prospective relief that is the subject of the motion 
     shall be automatically stayed until the district court enters 
     an order granting or denying the Government's motion.
       (v) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in clause (i), other than an 
     order to postpone the effective date of the automatic stay 
     for not longer than 15 days under clause (iii), shall be--

       (I) treated as an order refusing to vacate, modify, 
     dissolve or otherwise terminate an injunction; and
       (II) immediately appealable under section 1292(a)(1) of 
     title 28, United States Code.

       (C) Motions.--
       (i) In general.--For purposes of this paragraph, any motion 
     pending for not more than 45 days on the date of enactment of 
     this Act shall be treated as if it had been filed on such 
     date of enactment.
       (ii) Motions pending for more than 45 days.--Every motion 
     to vacate, modify, dissolve, or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States which has been pending for more than 45 
     days as of the date of enactment of this Act, and remains 
     pending on the 10th day following such date of enactment, 
     shall result in an automatic stay, without further order of 
     the court, of the prospective relief that is the subject of 
     any such motion.
       (4) Additional rules concerning prospective relief 
     affecting expedited removal.--
       (A) Jurisdiction.--Notwithstanding any other provision of 
     law (statutory or nonstatutory), including section 2241 of 
     title 28, United States Code, or any other habeas provision, 
     and sections 1361 and 1651 of such title, no court has 
     jurisdiction to grant or continue an order or part of an 
     order granting prospective relief if the order or part of the 
     order interferes with, affects, or impacts any determination 
     pursuant to, or implementation of, section 235(b)(1) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)).
       (B) Effect of government motion.--Upon the Government's 
     filing of a motion to vacate, modify, dissolve or otherwise 
     terminate an order granting prospective relief in a civil 
     action described in paragraph (2), the court shall promptly 
     decide whether it continues to have jurisdiction and shall 
     promptly vacate any order or part of an order granting 
     prospective relief that is not within the jurisdiction of the 
     court.
       (C) Exception.--Subparagraphs (A) and (B) shall not apply 
     to the extent that--
       (i) an order granting prospective relief was entered before 
     the date of enactment of this Act; and
       (ii) the prospective relief is necessary to remedy the 
     violation of a right guaranteed by the United States 
     Constitution.
       (5) Settlements.--
       (A) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United

[[Page S3823]]

     States, the court may not enter, approve, or continue a 
     consent decree that does not comply with paragraph (2).
       (B) Private settlement agreements.--Nothing in this 
     subsection shall preclude parties from entering into a 
     private settlement agreement that does not comply with 
     paragraph (2) if the terms of that agreement are not subject 
     to court enforcement other than reinstatement of the civil 
     proceedings that the agreement settled.
       (6) Expedited proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this subsection.
       (7) Definitions.--In this subsection:
       (A) Consent decree.--The term ``consent decree''--
       (i) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (ii) does not include private settlements.
       (B) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (C) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (D) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (E) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into among 
     the parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action that the agreement 
     settled.
       (F) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (c) Application of Amendment.--This section shall apply 
     with respect to all orders granting prospective relief in any 
     civil action pertaining to the administration or enforcement 
     of the immigration laws of the United States, whether such 
     relief was ordered before, on, or after the date of the 
     enactment of this Act.
       (d) Severability.--If any provision of this section or the 
     application of such provision to any person or circumstance 
     is found to be unconstitutional, the remainder of this 
     section and the application of the provisions of such to any 
     person or circumstance shall not be affected thereby.
                                 ______
                                 
  SA 3789. Mrs. HUTCHISON (for herself, Mr. Cornyn, and Ms. Landrieu) 
submitted an amendment intended to be proposed by her to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 165, line 20, after ``Provided,'' insert the 
     following: ``That for states in which the President declared 
     a major disaster (as that term is defined in section 102 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5122)) on September 24, 2005, as a 
     result of Hurricane Rita, each county or parish eligible for 
     individual and public assistance under such declaration in 
     such States will be treated equally for purposes of cost-
     share adjustments under such Act, to account for the impact 
     in those counties and parishes of Hurricanes Rita and 
     Katrina: Provided further,''.
                                 ______
                                 
  SA 3790. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       Except for the renewal of existing intergovernmental 
     agreements, the Bureau of Prisons (BOP) shall not plan, 
     support, or contract to meet Federal BOP bed space needs 
     which replace intergovernmental agreements existing at the 
     date of enactment hereof and are used to house 1000 or more 
     Federal inmates, until 30 days after the General 
     Accountability Office releases the BOP Cost Comparison Report 
     required in the Conference Report that accompanied Public 
     109-108.
                                 ______
                                 
  SA 3791. Mrs. HUTCHISON (for herself, Mr. Cornyn, and Ms. Landrieu) 
submitted an amendment intended to be proposed by her to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; as follows:

       On page 176, strike lines 4 through 7 and insert the 
     following:

     December 31, 2006, for part A of title V of the Elementary 
     and Secondary Education Act of 1965 (``ESEA'') for 
     allocations to States for necessary expenses in the 2006-2007 
     academic year related to the consequences of Hurricanes 
     Katrina and Rita: Provided further, That, notwithstanding the 
     allotment formula described in section 5111 of the ESEA, 
     funds made available in the preceding proviso shall be 
     allocated to each eligible State educational agency on the 
     basis of its relative share of displaced students (as that 
     term is defined in section 107(b)(1) of title IV of division 
     B of Public Law 109-148) enrolled on October 1, 2006, 
     provided that the number of displaced students enrolled in 
     public and private elementary schools and secondary schools 
     in the State is not less than 1 percent of the total fourth 
     quarter displaced student enrollment count of the 2005-2006 
     academic year: Provided further, That, notwithstanding the 
     allocation formula described in section 5112 of the ESEA, 
     each State educational agency shall make 100 percent of funds 
     available under such proviso to local educational agencies on 
     the basis of each local educational agency's relative share 
     of displaced students on October 1, 2006: Provided further, 
     That such local educational agencies shall use such funds in 
     accordance with sections 5131 and 5142 of the ESEA: Provided 
     further, that the
                                 ______
                                 
  SA 3792. Mrs. HUTCHISON (for herself, Mr. Cornyn, and Ms. Landrieu) 
submitted an amendment intended to be proposed by her to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 165, line 19, strike ``$10,600,000,000'' and all 
     that follows through line 23 and insert the following: 
     ``$10,800,000,000 to remain available until expended: 
     Provided, That $200,000,000 shall be for ensuring that for 
     states in which the President declared a major disaster (as 
     that term is defined in section 102 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5122)) on September 24, 2005, as a result of Hurricane Rita, 
     that each county or parish eligible for individual and public 
     assistance under such declaration in such States will be 
     treated equally for purposes of cost-share adjustments under 
     such Act, to account for the impact in those counties and 
     parishes of Hurricanes Rita and Katrina: Provided further, 
     That the amount provided under this heading is designated as 
     an emergency requirement pursuant to section 402 of H. Con. 
     Res. 95 109th Congress), the concurrent resolution on the 
     budget for fiscal year 2006: Provided further, That of funds 
     made available under the heading `Millennium Challenge 
     Corporation' under the heading 'Independent Agencies' in 
     Title II of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 2006 (Public Law 109-
     102; 119 Stat. 2184), $200 million is rescinded.''.
                                 ______
                                 
  SA 3793. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4936, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 165, line 19, strike ``$10,600,000,000'' all 
     through and including line 23 and insert ``$7,333,000,000, to 
     remain available until expended: Provided, That the amount 
     provided under this heading is designated as an emergency 
     requirement pursuant to section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution on the budget for fiscal 
     year 2006.''.
                                 ______
                                 
  SA 3794. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 162, line 3, after ``contractors:'', insert the 
     following: ``Provided further, That $520,000,000 of the funds 
     appropriated herein to modify the 17th Street, Orleans 
     Avenue, and London Avenue drainage canals and install pumps 
     and closure structures at or near the lakefront; $198,000,000 
     of the funds appropriated herein for storm-proofing interior 
     pump stations to ensure the operability of the stations 
     during hurricanes, storms, and high water events; and 
     $285,000,000 of the funds appropriated herein to improve 
     protection at the Inner Harbor Navigation Canal shall be 
     available only for fiscal years 2007 and thereafter, subject 
     to authorization:''.
                                 ______
                                 
  SA 3795. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 159, strike lines 15 through 20 and insert the 
     following: ``, $122,850,000, to remain available until 
     expended: Provided, That the provision of such sums shall be 
     subject to authorization:''.
       On page 161, beginning on line 3, strike ``the Secretary'' 
     and all that follows through ``tem:'' on line 20 and insert 
     the following: ``the provision of such sums shall be subject 
     to authorization:''.
                                 ______
                                 
  SA 3796. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, strike lines 12 through 19.

[[Page S3824]]

                                 ______
                                 
  SA 3797. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 171, strike lines 19 through 24 and insert the 
     following:
     canes of the 2005 season, $6,300,000, to remain available 
     until September 30, 2007, of which the Administrator of the 
     Environmental Protection Agency, by not later than 60 days 
     after the date of enactment of this Act, shall use $300,000 
     to prepare and submit to Congress a report that describes the 
     potential hazards posed by exposure to any hazardous 
     substance, pollutant, or contaminant (including disease-
     causing organisms and mold) that may have been released or 
     mobilized into the environment due to Hurricane Katrina or 
     Hurricane Rita and methods by which the Administrator plans 
     to mitigate those hazards: Provided, That the amount provided 
     under this heading is designated as an emergency requirement 
     pursuant to section 402 of H. Con. Res. 95 (109th Congress), 
     the concurrent resolution on the budget for fiscal year 2006.
                                 ______
                                 
  SA 3798. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of title VII, insert the following:
       Sec. ___. Any national service educational award described 
     in subtitle D of title I of the National and Community 
     Service Act of 1990 (42 U.S.C. 12601 et seq.), made with 
     funds appropriated to, funds transferred to, or interest 
     accumulated in the National Service Trust, shall be known as 
     a ``Segal award''.
                                 ______
                                 
  SA 3799. Mr. INOUYE (for himself, Mr. Stevens, Mr. Shelby, Mr. 
Sarbanes, and Mr. Rockefeller) submitted an amendment intended to be 
proposed by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

          TITLE      --IMPROVED PUBLIC TRANSPORTATION SECURITY

     SEC. --101. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Public 
     Transportation Terrorism Prevention Act of 2006''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. --101. Short title; table of contents.
Sec. --102. Findings and purpose.
Sec. --103. Security assessments.
Sec. --104. Security assistance grants.
Sec. --105. Intelligence sharing.
Sec. --106. Research, development, and demonstration grants.
Sec. --107. Reporting requirements.
Sec. --108. Authorization of appropriations.
Sec. --109. Sunset provision.

     SEC. --102. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) public transportation systems throughout the world have 
     been a primary target of terrorist attacks, causing countless 
     death and injuries;
       (2) 5,800 public transportation agencies operate in the 
     United States;
       (3) 14,000,000 people in the United States ride public 
     transportation each work day;
       (4) safe and secure public transportation systems are 
     essential for the Nation's economy and for significant 
     national and international public events;
       (5) the Federal Transit Administration has invested 
     $74,900,000,000 since 1992 for construction and improvements 
     to the Nation's public transportation systems;
       (6) the Federal Government appropriately invested 
     $18,100,000,000 in fiscal years 2002 through 2005 to protect 
     our Nation's aviation system and its 1,800,000 daily 
     passengers;
       (7) the Federal Government has allocated $250,000,000 in 
     fiscal years 2003 through 2005 to protect public 
     transportation systems in the United States;
       (8) the Federal Government has invested $7.38 in aviation 
     security improvements per passenger, but only $0.007 in 
     public transportation security improvements per passenger;
       (9) the Government Accountability Office, the Mineta 
     Institute for Surface Transportation Policy Studies, the 
     American Public Transportation Association, and many 
     transportation experts have reported an urgent need for 
     significant investment in public transportation security 
     improvements; and
       (10) the Federal Government has a duty to deter and 
     mitigate, to the greatest extent practicable, threats against 
     the Nation's public transportation systems.

     SEC. --103. SECURITY ASSESSMENTS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--Not later than 30 days after the date of 
     enactment of this Act, the Federal Transit Administration of 
     the Department of Transportation shall submit all public 
     transportation security assessments and all other relevant 
     information to the Secretary of Homeland Security.
       (2) Review.--Not later than July 31, 2006, the Secretary of 
     Homeland Security shall review and augment the security 
     assessments received under paragraph (1).
       (3) Allocations.--The Secretary of Homeland Security shall 
     use the security assessments received under paragraph (1) as 
     the basis for allocating grant funds under section --104, 
     unless the Secretary notifies the Committee on Banking, 
     Housing, and Urban Affairs of the Senate that the Secretary 
     has determined that an adjustment is necessary to respond to 
     an urgent threat or other significant factors.
       (4) Security improvement priorities.--Not later than 
     September 30, 2006, the Secretary of Homeland Security, after 
     consultation with the management and employee representatives 
     of each public transportation system for which a security 
     assessment has been received under paragraph (1), shall 
     establish security improvement priorities that will be used 
     by public transportation agencies for any funding provided 
     under section --104.
       (5) Updates.--Not later than July 31, 2007, and annually 
     thereafter, the Secretary of Homeland Security shall--
       (A) update the security assessments referred to in this 
     subsection; and
       (B) conduct security assessments of all public 
     transportation agencies considered to be at greatest risk of 
     a terrorist attack.
       (b) Use of Security Assessment Information.--The Secretary 
     of Homeland Security shall use the information collected 
     under subsection (a)--
       (1) to establish the process for developing security 
     guidelines for public transportation security; and
       (2) to design a security improvement strategy that--
       (A) minimizes terrorist threats to public transportation 
     systems; and
       (B) maximizes the efforts of public transportation systems 
     to mitigate damage from terrorist attacks.
       (c) Bus and Rural Public Transportation Systems.--Not later 
     than July 31, 2006, the Secretary of Homeland Security shall 
     conduct security assessments, appropriate to the size and 
     nature of each system, to determine the specific needs of--
       (1) local bus-only public transportation systems; and
       (2) selected public transportation systems that receive 
     funds under section 5311 of title 49, United States Code.

     SEC. --104. SECURITY ASSISTANCE GRANTS.

       (a) Capital Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable capital security improvements based on the 
     priorities established under section --103(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) tunnel protection systems;
       (B) perimeter protection systems;
       (C) redundant critical operations control systems;
       (D) chemical, biological, radiological, or explosive 
     detection systems;
       (E) surveillance equipment;
       (F) communications equipment;
       (G) emergency response equipment;
       (H) fire suppression and decontamination equipment;
       (I) global positioning or automated vehicle locator type 
     system equipment;
       (J) evacuation improvements; and
       (K) other capital security improvements.
       (b) Operational Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable operational security improvements based on the 
     priorities established under section --103(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) security training for public transportation employees, 
     including bus and rail operators, mechanics, customer 
     service, maintenance employees, transit police, and security 
     personnel;
       (B) live or simulated drills;
       (C) public awareness campaigns for enhanced public 
     transportation security;
       (D) canine patrols for chemical, biological, or explosives 
     detection;
       (E) overtime reimbursement for enhanced security personnel 
     during significant national and international public events, 
     consistent with the priorities established under section --
     103(a)(4); and
       (F) other appropriate security improvements identified 
     under section --103(a)(4), excluding routine, ongoing 
     personnel costs.
       (c) Congressional Notification.--Not later than 3 days 
     before the award of any grant under this section, the 
     Secretary of Homeland Security shall notify the Committee on 
     Banking, Housing, and Urban Affairs of the Senate of the 
     intent to award such grant.
       (d) Public Transportation Agency Responsibilities.--Each 
     public transportation agency that receives a grant under this 
     section shall--
       (1) identify a security coordinator to coordinate security 
     improvements;
       (2) develop a comprehensive plan that demonstrates the 
     agency's capacity for operating and maintaining the equipment 
     purchased under this section; and

[[Page S3825]]

       (3) report annually to the Department of Homeland Security 
     on the use of grant funds received under this section.
       (e) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified for that grant under 
     this section, the grantee shall return any amount so used to 
     the Treasury of the United States.

     SEC. --105. INTELLIGENCE SHARING.

       (a) Intelligence Sharing.--The Secretary of Homeland 
     Security shall ensure that the Department of Transportation 
     receives appropriate and timely notification of all credible 
     terrorist threats against public transportation assets in the 
     United States.
       (b) Information Sharing Analysis Center.--
       (1) Establishment.--The Secretary of Homeland Security 
     shall provide sufficient financial assistance for the 
     reasonable costs of the Information Sharing and Analysis 
     Center for Public Transportation (referred to in this 
     subsection as the ``ISAC'') established pursuant to 
     Presidential Directive 63, to protect critical 
     infrastructure.
       (2) Public transportation agency participation.--The 
     Secretary of Homeland Security--
       (A) shall require those public transportation agencies that 
     the Secretary determines to be at significant risk of 
     terrorist attack to participate in the ISAC;
       (B) shall encourage all other public transportation 
     agencies to participate in the ISAC; and
       (C) shall not charge a fee to any public transportation 
     agency for participating in the ISAC.

     SEC. --106. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.

       (a) Grants Authorized.--The Secretary of Homeland Security, 
     in consultation with the Federal Transit Administration, 
     shall award grants to public or private entities to conduct 
     research into, and demonstrate, technologies and methods to 
     reduce and deter terrorist threats or mitigate damages 
     resulting from terrorist attacks against public 
     transportation systems.
       (b) Use of Funds.--Grants awarded under subsection (a) may 
     be used to--
       (1) research chemical, biological, radiological, or 
     explosive detection systems that do not significantly impede 
     passenger access;
       (2) research imaging technologies;
       (3) conduct product evaluations and testing; and
       (4) research other technologies or methods for reducing or 
     deterring terrorist attacks against public transportation 
     systems, or mitigating damage from such attacks.
       (c) Reporting Requirement.--Each entity that receives a 
     grant under this section shall report annually to the 
     Department of Homeland Security on the use of grant funds 
     received under this section.
       (d) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified under subsection (b), 
     the grantee shall return any amount so used to the Treasury 
     of the United States.

     SEC. --107. REPORTING REQUIREMENTS.

       (a) Semi-Annual Report to Congress.--
       (1) In general.--Not later than March 31 and September 30 
     of each year, the Secretary of Homeland Security shall submit 
     a report, containing the information described in paragraph 
     (2), to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Appropriations of the Senate.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the implementation of the provisions 
     of sections -- 103 through 106;
       (B) the amount of funds appropriated to carry out the 
     provisions of each of sections -- 103 through 106 that have 
     not been expended or obligated; and
       (C) the state of public transportation security in the 
     United States.
       (b) Annual Report to Governors.--
       (1) In general.--Not later than March 31 of each year, the 
     Secretary of Homeland Security shall submit a report to the 
     Governor of each State with a public transportation agency 
     that has received a grant under this title.
       (2) Contents.--The report submitted under paragraph (1) 
     shall specify--
       (A) the amount of grant funds distributed to each such 
     public transportation agency; and
       (B) the use of such grant funds.

     SEC. --108. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Security Assistance Program.--There are 
     authorized to be appropriated $2,370,000,000 for fiscal year 
     2007 to carry out the provisions of section --104(a), which 
     shall remain available until expended.
       (b) Operational Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section --104(b)--
       (1) $534,000,000 for fiscal year 2007;
       (2) $333,000,000 for fiscal year 2008; and
       (3) $133,000,000 for fiscal year 2009.
       (c) Intelligence.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     section --105.
       (d) Research.--There are authorized to be appropriated 
     $130,000,000 for fiscal year 2007 to carry out the provisions 
     of section --106, which shall remain available until 
     expended.

     SEC. --109. SUNSET PROVISION.

       The authority to make grants under this title shall expire 
     on October 1, 2009.

                  TITLE      --IMPROVED RAIL SECURITY

     SEC. --201. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Rail 
     Security Act of 2006''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. --201. Short title; table of contents.
Sec. --202. Rail transportation security risk assessment.
Sec. --203. Systemwide AMTRAK security upgrades.
Sec. --204. Fire and life-safety improvements.
Sec. --205. Freight and passenger rail security upgrades.
Sec. --206. Rail security research and development.
Sec. --207. Oversight and grant procedures.
Sec. --208. AMTRAK plan to assist families of passengers involved in 
              rail passenger accidents.
Sec. --209. Northern border rail passenger report.
Sec. --210. Rail worker security training program.
Sec. --211. Whistleblower protection program.
Sec. --212. High hazard material security threat mitigation plans.
Sec. --213. Memorandum of agreement.
Sec. --214. Rail security enhancements.
Sec. --215. Public awareness.
Sec. --216. Railroad high hazard material tracking.
Sec. --217. Authorization of appropriations.

     SEC. --202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability and risk assessment.--The Secretary of 
     Homeland Security shall establish a task force, including the 
     Transportation Security Administration, the Department of 
     Transportation, and other appropriate agencies, to complete a 
     vulnerability and risk assessment of freight and passenger 
     rail transportation (encompassing railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code). 
     The assessment shall include--
       (A) a methodology for conducting the risk assessment, 
     including timelines, that addresses how the Department of 
     Homeland Security will work with the entities describe in 
     subsection (b) and make use of existing Federal expertise 
     within the Department of Homeland Security, the Department of 
     Transportation, and other appropriate agencies;
       (B) identification and evaluation of critical assets and 
     infrastructures;
       (C) identification of vulnerabilities and risks to those 
     assets and infrastructures;
       (D) identification of vulnerabilities and risks that are 
     specific to the transportation of hazardous materials via 
     railroad;
       (E) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment; and
       (F) an account of actions taken or planned by both public 
     and private entities to address identified rail security 
     issues and assess the effective integration of such actions.
       (2) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Secretary, in consultation with the 
     Secretary of Transportation, shall develop prioritized 
     recommendations for improving rail security, including any 
     recommendations the Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching and car storage areas, other rail 
     infrastructure and facilities, information systems, and other 
     areas identified by the Secretary as posing significant rail-
     related risks to public safety and the movement of interstate 
     commerce, taking into account the impact that any proposed 
     security measure might have on the provision of rail service;
       (B) deploying equipment to detect explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) training appropriate railroad or railroad shipper 
     employees in terrorism prevention, passenger evacuation, and 
     response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term costs of 
     measures that may be required to address those risks.
       (3) Plans.--The report required by subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the Federal government to provide increased 
     security support at high or severe threat levels of alert;
       (B) a plan for coordinating existing and planned rail 
     security initiatives undertaken by the public and private 
     sectors; and
       (C) a contingency plan, developed in conjunction with 
     freight and intercity and commuter passenger railroads, to 
     ensure the continued movement of freight and passengers in 
     the event of an attack affecting the railroad system, which 
     shall contemplate--

[[Page S3826]]

       (i) the possibility of rerouting traffic due to the loss of 
     critical infrastructure, such as a bridge, tunnel, yard, or 
     station; and
       (ii) methods of continuing railroad service in the 
     Northeast Corridor in the event of a commercial power loss, 
     or catastrophe affecting a critical bridge, tunnel, yard, or 
     station.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment and developing the recommendations and 
     plans required by subsection (a), the Secretary of Homeland 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials, and other relevant parties.
       (c) Report.--
       (1) Contents.--Within 180 days after the date of enactment 
     of this Act, the Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report containing the assessment, 
     prioritized recommendations, and plans required by subsection 
     (a) and an estimate of the cost to implement such 
     recommendations.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (d) Annual Updates.--The Secretary, in consultation with 
     the Secretary of Transportation, shall update the assessment 
     and recommendations each year and transmit a report, which 
     may be submitted in both classified and redacted formats, to 
     the Committees named in subsection (c)(1), containing the 
     updated assessment and recommendations.
       (e) Funding.--Out of funds appropriated pursuant to section 
     114(u) of title 49, United States Code, there shall be made 
     available to the Secretary of Homeland Security to carry out 
     this section $5,000,000 for fiscal year 2007.

     SEC. --203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--Subject to subsection (c) the Secretary of 
     Homeland Security, in consultation with the Assistant 
     Secretary of Homeland Security (Transportation Security 
     Administration), is authorized to make grants to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, DC;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units;
       (7) to expand emergency preparedness efforts; and
       (8) for employee security training.
       (b) Conditions.--The Secretary of Transportation shall 
     disburse funds to Amtrak provided under subsection (a) for 
     projects contained in a systemwide security plan approved by 
     the Secretary of Homeland Security. The plan shall include 
     appropriate measures to address security awareness, emergency 
     response, and passenger evacuation training.
       (c) Equitable Geographic Allocation.--The Secretary shall 
     ensure that, subject to meeting the highest security needs on 
     Amtrak's entire system and consistent with the risk 
     assessment required under section --202, stations and 
     facilities located outside of the Northeast Corridor receive 
     an equitable share of the security funds authorized by this 
     section.
       (d) Availability of Funds.--Out of funds appropriated 
     pursuant to section 114(u) of title 49, United States Code, 
     there shall be made available to the Secretary of Homeland 
     Security and the Assistant Secretary of Homeland Security 
     (Transportation Security Administration) to carry out this 
     section--
       (1) $63,500,000 for fiscal year 2007;
       (2) $30,000,000 for fiscal year 2008; and
       (3) $30,000,000 for fiscal year 2009.
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. --204. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security, is 
     authorized to make grants to Amtrak for the purpose of making 
     fire and life-safety improvements to Amtrak tunnels on the 
     Northeast Corridor in New York, NY, Baltimore, MD, and 
     Washington, DC.
       (b) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section --217(b) of this title, 
     there shall be made available to the Secretary of 
     Transportation for the purposes of carrying out subsection 
     (a) the following amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $190,000,000 for fiscal year 2007;
       (B) $190,000,000 for fiscal year 2008; and
       (C) $190,000,000 for fiscal year 2009.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $19,000,000 for fiscal year 2007;
       (B) $19,000,000 for fiscal year 2008; and
       (C) $19,000,000 for fiscal year 2009.
       (3) For the Washington, DC, Union Station tunnels to 
     improve ventilation, communication, lighting, and passenger 
     egress upgrades--
       (A) $13,333,000 for fiscal year 2007;
       (B) $13,333,000 for fiscal year 2008; and
       (C) $13,333,000 for fiscal year 2009.
       (c) Infrastructure Upgrades.--Out of funds appropriated 
     pursuant to section --217(b) of this title, there shall be 
     made available to the Secretary of Transportation for fiscal 
     year 2007 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts made 
     available pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing appropriate project budget, 
     construction schedule, recipient staff organization, document 
     control and record keeping, change order procedure, quality 
     control and assurance, periodic plan updates, and periodic 
     status reports.
       (f) Review of Plans.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak. If the Secretary determines that a plan 
     is incomplete or deficient, the Secretary shall notify Amtrak 
     of the incomplete items or deficiencies and Amtrak shall, 
     within 30 days after receiving the Secretary's notification, 
     submit a modified plan for the Secretary's review. Within 15 
     days after receiving additional information on items 
     previously included in the plan, and within 45 days after 
     receiving items newly included in a modified plan, the 
     Secretary shall either approve the modified plan, or, if the 
     Secretary finds the plan is still incomplete or deficient, 
     the Secretary shall identify in writing to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security the portions of the plan the Secretary 
     finds incomplete or deficient, approve all other portions of 
     the plan, obligate the funds associated with those other 
     portions, and execute an agreement with Amtrak within 15 days 
     thereafter on a process for resolving the remaining portions 
     of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all portions of the tunnel projects described 
     in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use or plan to use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use or planned use of the tunnels, if feasible.

     SEC. --205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Secretary of Homeland 
     Security, through the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) and other 
     appropriate agencies, is authorized to make grants to freight 
     railroads, the Alaska Railroad, hazardous materials shippers, 
     owners of rail cars used in the transportation of hazardous 
     materials, universities, colleges and research centers, State 
     and local governments (for rail passenger facilities and 
     infrastructure not owned by Amtrak), and, through the 
     Secretary of Transportation, to Amtrak, for full or partial 
     reimbursement of costs incurred in the conduct of activities 
     to prevent or respond to acts of terrorism, sabotage, or 
     other intercity passenger rail and freight rail security 
     vulnerabilities and risks identified under section --202, 
     including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of rail cargo or passenger screening 
     equipment at the United States-Mexico border, the United 
     States-Canada border, or other ports of entry;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;

[[Page S3827]]

       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     by section --202, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Accountability.--The Secretary shall adopt necessary 
     procedures, including audits, to ensure that grants made 
     under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Secretary.
       (c) Allocation.--The Secretary shall distribute the funds 
     authorized by this section based on risk and vulnerability as 
     determined under section --202, and shall encourage non-
     Federal financial participation in awarding grants. With 
     respect to grants for intercity passenger rail security, the 
     Secretary shall also take into account passenger volume and 
     whether a station is used by commuter rail passengers as well 
     as intercity rail passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section --203(b) of this 
     title.
       (e) Allocation Between Railroads and Others.--Unless as a 
     result of the assessment required by section --202 the 
     Secretary of Homeland Security determines that critical rail 
     transportation security needs require reimbursement in 
     greater amounts to any eligible entity, no grants under this 
     section may be made--
       (1) in excess of $45,000,000 to Amtrak; or
       (2) in excess of $80,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 114(u) of title 49, United 
     States Code, there shall be made available to the Secretary 
     of Homeland Security to carry out this section--
       (1) $100,000,000 for fiscal year 2007;
       (2) $100,000,000 for fiscal year 2008; and
       (3) $100,000,000 for fiscal year 2009.
     Amounts made available pursuant to this subsection shall 
     remain available until expended.
       (g) High Hazard Materials Defined.--In this section, the 
     term ``high hazard materials'' means quantities of poison 
     inhalation hazard materials, Class 2.3 gases, Class 6.1 
     materials, and anhydrous ammonia that the Secretary, in 
     consultation with the Secretary of Transportation, determines 
     pose a security risk.

     SEC. --206. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary of Homeland Security, through the Under Secretary 
     for Science and Technology and the Assistant Secretary of 
     Homeland Security (Transportation Security Administration), 
     in consultation with the Secretary of Transportation shall 
     carry out a research and development program for the purpose 
     of improving freight and intercity passenger rail security 
     that may include research and development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment;
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car or other 
     rail car used to transport hazardous materials and transmit 
     information about the integrity of cars to the train crew or 
     dispatcher;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section --205(g) of this title; and
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety; and
       (6) other projects that address vulnerabilities and risks 
     identified under section --202.
       (b) Coordination With Other Research Initiatives.--The 
     Secretary of Homeland Security shall ensure that the research 
     and development program authorized by this section is 
     coordinated with other research and development initiatives 
     at the Department of Homeland Security and the Department of 
     Transportation. The Secretary shall carry out any research 
     and development project authorized by this section through a 
     reimbursable agreement with the Secretary of Transportation, 
     if the Secretary of Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Grants and Accountability.--To carry out the research 
     and development program, the Secretary may award grants to 
     the entities described in section --205(a) and shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Secretary.
       (d) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 114(u) of title 49, United 
     States Code, there shall be made available to the Secretary 
     of Homeland Security to carry out this section--
       (1) $35,000,000 for fiscal year 2007;
       (2) $35,000,000 for fiscal year 2008; and
       (3) $35,000,000 for fiscal year 2009.
     Amounts made available pursuant to this subsection shall 
     remain available until expended.

     SEC. --207. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Homeland 
     Security may use up to 0.5 percent of amounts made available 
     for capital projects under the Rail Security Act of 2006 to 
     enter into contracts for the review of proposed capital 
     projects and related program management plans and to oversee 
     construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) of this subsection to make contracts to 
     audit and review the safety, procurement, management, and 
     financial compliance of a recipient of amounts under this 
     title.
       (c) Procedures for Grant Award.--The Secretary shall, 
     within 90 days after the date of enactment of this Act, 
     prescribe procedures and schedules for the awarding of grants 
     under this title, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Secretary 
     and shall be consistent, to the extent practicable, with the 
     grant procedures established under section 70107 of title 46, 
     United States Code.

     SEC. --208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2006, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board, the Secretary of Transportation, 
     and the Secretary of Homeland Security a plan for addressing 
     the needs of the families of passengers involved in any rail 
     passenger accident involving an Amtrak intercity train and 
     resulting in a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release any personal information on a list obtained under 
     subsection (b)(1) but may provide information on the list 
     about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising

[[Page S3828]]

     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 --217(b) of the Rail Security Act of 2006, there 
     shall be made available to the Secretary of Transportation 
     for the use of Amtrak $500,000 for fiscal year 2007 to carry 
     out this section. Amounts made available pursuant to this 
     subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

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

     SEC. --209. NORTHERN BORDER RAIL PASSENGER REPORT.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, in consultation with the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration), the Secretary of Transportation, 
     heads of other appropriate Federal departments, and agencies 
     and the National Railroad Passenger Corporation, shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Transportation and Infrastructure, and the House 
     of Representatives Committee on Homeland Security that 
     contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     traveling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers;
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security; and
       (8) an analysis of the feasibility of reinstating in-
     transit inspections onboard international Amtrak trains.

     SEC. --210. RAIL WORKER SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security and 
     the Secretary of Transportation, in consultation with 
     appropriate law enforcement, security, and terrorism experts, 
     representatives of railroad carriers, and nonprofit employee 
     organizations that represent rail workers, shall develop and 
     issue detailed guidance for a rail worker security training 
     program to prepare front-line workers for potential threat 
     conditions. The guidance shall take into consideration any 
     current security training requirements or best practices.
       (b) Program Elements.--The guidance developed under 
     subsection (a) shall include elements, as appropriate to 
     passenger and freight rail service, that address the 
     following:
       (1) Determination of the seriousness of any occurrence.
       (2) Crew communication and coordination.
       (3) Appropriate responses to defend or protect oneself.
       (4) Use of protective devices.
       (5) Evacuation procedures.
       (6) Psychology of terrorists to cope with hijacker behavior 
     and passenger responses.
       (7) Situational training exercises regarding various threat 
     conditions.
       (8) Any other subject the Secretary considers appropriate.
       (c) Railroad Carrier Programs.--Not later than 90 days 
     after the Secretary of Homeland Security issues guidance 
     under subsection (a) in final form, each railroad carrier 
     shall develop a rail worker security training program in 
     accordance with that guidance and submit it to the Secretary 
     for review. Not later than 30 days after receiving a railroad 
     carrier's program under this subsection, the Secretary shall 
     review the program and transmit comments to the railroad 
     carrier concerning any revisions the Secretary considers 
     necessary for the program to meet the guidance requirements. 
     A railroad carrier shall respond to the Secretary's comments 
     within 30 days after receiving them.
       (d) Training.--Not later than 1 year after the Secretary 
     reviews the training program developed by a railroad carrier 
     under this section, the railroad carrier shall complete the 
     training of all front-line workers in accordance with that 
     program. The Secretary shall review implementation of the 
     training program of a representative sample of railroad 
     carriers and report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Transportation and Infrastructure, and the House 
     of Representatives Committee on Homeland Security on the 
     number of reviews conducted and the results. The Secretary 
     may submit the report in both classified and redacted formats 
     as necessary.
       (e) Updates.--The Secretary shall update the training 
     guidance issued under subsection (a) as appropriate to 
     reflect new or different security threats. Railroad carriers 
     shall revise their programs accordingly and provide 
     additional training to their front-line workers within a 
     reasonable time after the guidance is updated.
       (f) Front-Line Workers Defined.--In this section, the term 
     ``front-line workers'' means security personnel, dispatchers, 
     train operators, other onboard employees, maintenance and 
     maintenance support personnel, bridge tenders, as well as 
     other appropriate employees of railroad carriers, as defined 
     by the Secretary.
       (g) Other Employees.--The Secretary of Homeland Security 
     shall issue guidance and best practices for a rail shipper 
     employee security program containing the elements listed 
     under subsection (b) as appropriate.

     SEC. --211. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20117 the following:

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

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

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

     SEC. --212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
                   PLANS.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration)

[[Page S3829]]

     and the Secretary of Transportation, shall require rail 
     carriers transporting a high hazard material, as defined in 
     section --205(g) of this title and of a quantity equal or 
     exceeding the quantities of such material listed in subpart 
     172.800, title 49, Federal Code of Regulations, to develop a 
     high hazard material security threat mitigation plan 
     containing appropriate measures, including alternative 
     routing and temporary shipment suspension options, to address 
     assessed risks to high consequence targets. The plan, and any 
     information submitted to the Secretary under this section 
     shall be protected as sensitive security information under 
     the regulations prescribed under section 114(s) of title 49, 
     United States Code.
       (b) Implementation.--A high hazard material security threat 
     mitigation plan shall be put into effect by a rail carrier 
     for the shipment of high hazardous materials by rail on the 
     rail carrier's right-of-way when the threat levels of the 
     Homeland Security Advisory System are high or severe and 
     specific intelligence of probable or imminent threat exists 
     towards--
       (1) a high-consequence target that is within the 
     catastrophic impact zone of a railroad right-of-way used to 
     transport high hazardous material; or
       (2) rail infrastructure or operations within the immediate 
     vicinity of a high-consequence target.
       (c) Completion and Review of Plans.--
       (1) Plans required.--Each rail carrier shall--
       (A) submit a list of routes used to transport high hazard 
     materials to the Secretary of Homeland Security within 60 
     days after the date of enactment of this Act;
       (B) develop and submit a high hazard material security 
     threat mitigation plan to the Secretary within 180 days after 
     it receives the notice of high consequence targets on such 
     routes by the Secretary; and
       (C) submit any subsequent revisions to the plan to the 
     Secretary within 30 days after making the revisions.
       (2) Review and updates.--The Secretary, with assistance of 
     the Secretary of Transportation, shall review the plans and 
     transmit comments to the railroad carrier concerning any 
     revisions the Secretary considers necessary. A railroad 
     carrier shall respond to the Secretary's comments within 30 
     days after receiving them. Each rail carrier shall update and 
     resubmit its plan for review not less than every 2 years.
       (d) Definitions.--In this section:
       (1) The term ``high-consequence target'' means a building, 
     buildings, infrastructure, public space, or natural resource 
     designated by the Secretary of Homeland Security that is 
     viable terrorist target of national significance, the attack 
     of which could result in--
       (A) catastrophic loss of life; and
       (B) significantly damaged national security and defense 
     capabilities; or
       (C) national economic harm.
       (2) The term ``catastrophic impact zone'' means the area 
     immediately adjacent to, under, or above an active railroad 
     right-of-way used to ship high hazard materials in which the 
     potential release or explosion of the high hazard material 
     being transported would likely cause--
       (A) loss of life; or
       (B) significant damage to property or structures.
       (3) The term ``rail carrier'' has the meaning given that 
     term by section 10102(5) of title 49, United States Code.

     SEC. --213. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Similar to the public 
     transportation security annex between the two departments 
     signed on September 8, 2005, within 1 year after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Secretary of Homeland Security shall execute and develop 
     an annex to the memorandum of agreement between the two 
     departments signed on September 28, 2004, governing the 
     specific roles, delineations of responsibilities, resources 
     and commitments of the Department of Transportation and the 
     Department of Homeland Security, respectively, in addressing 
     railroad transportation security matters, including the 
     processes the departments will follow to promote 
     communications, efficiency, and nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``safety'' the 
     first place it appears, and inserting ``safety, including 
     security,''.

     SEC. --214. RAIL SECURITY ENHANCEMENTS.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Under''; 
     and
       (2) by striking ``the rail carrier'' each place it appears 
     and inserting ``any rail carrier''.
       (b) Review of Rail Regulations.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security and the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), shall 
     review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

     SEC. --215. PUBLIC AWARENESS.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Homeland Security, in consultation with 
     the Secretary of Transportation, shall develop a national 
     plan for public outreach and awareness. Such plan shall be 
     designed to increase awareness of measures that the general 
     public, railroad passengers, and railroad employees can take 
     to increase railroad system security. Such plan shall also 
     provide outreach to railroad carriers and their employees to 
     improve their awareness of available technologies, ongoing 
     research and development efforts, and available Federal 
     funding sources to improve railroad security. Not later than 
     9 months after the date of enactment of this Act, the 
     Secretary of Homeland Security shall implement the plan 
     developed under this section.

     SEC. --216. RAILROAD HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications.--
       (1) In general.--In conjunction with the research and 
     development program established under section --206 and 
     consistent with the results of research relating to wireless 
     tracking technologies, the Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), shall 
     develop a program that will encourage the equipping of rail 
     cars transporting high hazard materials (as defined in 
     section --205(g) of this title) in quantities equal to or 
     greater than the quantities specified in subpart 171.800 of 
     title 49, Code of Federal Regulations, with wireless 
     terrestrial or satellite communications technology that 
     provides--
       (A) car position location and tracking capabilities;
       (B) notification of rail car depressurization, breach, or 
     unsafe temperature; and
       (C) notification of hazardous material release.
       (2) Coordination.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for rail car tracking at the Department of Transportation; 
     and
       (B) ensure that the program is consistent with 
     recommendations and findings of the Department of Homeland 
     Security's hazardous material tank rail car tracking pilot 
     programs.
       (b) Funding.--Out of funds appropriated pursuant to section 
     114(u) of title 49, United States Code, there shall be made 
     available to the Secretary of Homeland Security to carry out 
     this section $3,000,000 for each of fiscal years 2007, 2008, 
     and 2009.

     SEC. --217. AUTHORIZATION OF APPROPRIATIONS.

       (a) Transportation Security Administration Authorization.--
     Section 114 of title 49, United States Code, is amended by 
     adding at the end thereof the following:
       ``(u) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security, (Transportation Security Administration) for rail 
     security--
       ``(1) $206,500,000 for fiscal year 2007;
       ``(2) $168,000,000 for fiscal year 2008; and
       ``(3) $168,000,000 for fiscal year 2009.''.
       (b) Department of Transportation.--There are authorized to 
     be appropriated to the Secretary of Transportation to carry 
     out this title and sections 20118 and 24316 of title 49, 
     United States Code, as added by this title--
       (1) $225,000,000 for fiscal year 2007;
       (2) $223,000,000 for fiscal year 2008; and
       (3) $223,000,000 for fiscal year 2009.

                TITLE      --IMPROVED MARITIME SECURITY

     SEC. --301. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Maritime 
     and Transportation Security Act of 2006.''
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

                Title      --Improved Maritime Security

Sec. --301. Short title; table of contents.
Sec. --302. Establishment of additional interagency operational centers 
              for port security.
Sec. --303. Area maritime transportation security plan to include 
              salvage response plan.
Sec. --304. Assistance for foreign ports.
Sec. --305. Specific port security initiatives.
Sec. --306. Technical requirements for non-intrusive inspection 
              equipment.
Sec. --307. Random inspection of containers.
Sec. --308. Port security user fee study.
Sec. --309. Port security grants.
Sec. --310. Work stoppages and employee-employer disputes.
Sec. --311. Inspection of car ferries entering from Canada.

     SEC. --302. ESTABLISHMENT OF ADDITIONAL INTERAGENCY 
                   OPERATIONAL CENTERS FOR PORT SECURITY.

       (a) In General.--In order to improve interagency 
     cooperation, unity of command, and the sharing of 
     intelligence information in a common mission to provide 
     greater protection for port and intermodal transportation 
     systems against acts of terrorism, the Secretary of Homeland 
     Security, acting through the Commandant of the Coast Guard, 
     shall establish interagency operational centers for port 
     security at all high priority ports.
       (b) Characteristics.--The interagency operational centers 
     shall--
       (1) be based on the most appropriate compositional and 
     operational characteristics of the pilot project interagency 
     operational centers for port security in Miami,

[[Page S3830]]

     Florida, Norfolk/Hampton Roads, Virginia, Charleston, South 
     Carolina, and San Diego, California, and the virtual 
     operation center at the port of New York/New Jersey;
       (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--
       (A) representatives of the United States Customs and Border 
     Protection, Immigration and Customs Enforcement, the 
     Transportation Security Administration, the Department of 
     Defense, and other Federal agencies, as determined to be 
     appropriate by the Secretary of Homeland Security;
       (B) representatives of State and local law enforcement or 
     port security agencies and personnel; and
       (C) members of the area maritime security committee, as 
     deemed appropriate by the captain of the port;
       (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 70119 of 
     that title;
       (E) the United States Customs and Border Protection's 
     screening and high-risk cargo inspection programs; and
       (F) the transportation security incident response plans 
     required by section 70104 of that title.
       (c) 2005 Act Report Requirement.--Nothing in this section 
     relieves the Commandant of the Coast Guard from compliance 
     with the requirements of section 807 of the Coast Guard and 
     Maritime Transportation Act of 2004. The Commandant shall 
     utilize the information developed in making the report 
     required by that section in carrying out the requirements of 
     this section.
       (d) Budget and Cost-Sharing Analysis.--Within 180 days 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security a proposed 
     budget analysis for implementing subsection (a), including 
     cost-sharing arrangements with other Federal departments and 
     agencies involved in the interagency operation of the 
     centers.
       (e) Security Clearance Assistance.--The Secretary of the 
     department in which the Coast Guard is operating may assist 
     non-Federal personnel described in subsection (b)(3)(B) or 
     (C) in obtaining expedited appropriate security clearances 
     and in and maintaining their security clearances.
       (f) Security Incidents.--During a transportation security 
     incident (as defined in section 70101(6) of title 46, United 
     States Code) involving a port, the Coast Guard Captain of the 
     Port designated by the Commandant of the Coast Guard in each 
     joint operations center for maritime security shall act as 
     the incident commander, unless otherwise directed under the 
     National Maritime Transportation Security Plan established 
     under section 70103 of title 46, United States Code.

     SEC. --303. AREA MARITIME TRANSPORTATION SECURITY PLAN TO 
                   INCLUDE SALVAGE RESPONSE PLAN.

       Section 70103(b)(2) of title 46, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) 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. --304. ASSISTANCE FOR FOREIGN PORTS.

       (a) In General.--Section 70109 of title 46, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 70109. International cooperation and coordination'' ; 
     and
       (2) by adding at the end the following:
       ``(c) Foreign Assistance Programs.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, the Secretary of State, the 
     Secretary of Energy, and the Commandant of the United States 
     Coast Guard, shall identify foreign assistance programs that 
     could facilitate implementation of port security 
     antiterrorism measures in foreign countries. The Secretary 
     shall establish a program to utilize those programs that are 
     capable of implementing port security antiterrorism measures 
     at ports in foreign countries that the Secretary finds, under 
     section 70108, to lack effective antiterrorism measures.
       ``(2) Caribbean basin.--The Secretary, in coordination with 
     the Secretary of State and in consultation with the 
     Organization of American States and the Commandant of the 
     United States Coast Guard, shall place particular emphasis on 
     utilizing programs to facilitate the implementation of port 
     security antiterrorism measures at the ports located in the 
     Caribbean Basin, as such ports pose unique security and 
     safety threats to the United States due to--
       ``(A) the strategic location of such ports between South 
     America and United States;
       ``(B) the relative openness of such ports; and
       ``(C) the significant number of shipments of narcotics to 
     the United States that are moved through such ports.
       ``(d) International Cargo Security Standards.--The 
     Secretary, in consultation with the Secretary of State, shall 
     enter into negotiations with foreign governments and 
     international organizations, including the International 
     Maritime Organization, the World Customs Organization, and 
     the International Standards Organization, as appropriate--
       ``(1) to promote standards for the security of containers 
     and other cargo moving within the international supply chain;
       ``(2) to encourage compliance with minimum technical 
     requirements for the capabilities of nonintrusive inspection 
     equipment, including imaging and radiation detection devices, 
     established under section ------ of the Maritime and 
     Transportation Security Act of 2006 Act;
       ``(3) to implement the requirements of the container 
     security initiative under section 70117; and
       ``(4) to implement standards and procedures established 
     under section 70119.''.
       (b) Report on Security at Ports in the Caribbean Basin.--
     Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General shall submit to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report on the security of ports in the 
     Caribbean Basin. The report--
       (1) shall include--
       (A) an assessment of the effectiveness of the measures 
     employed to improve security at ports in the Caribbean Basin 
     and recommendations for any additional measures to improve 
     such security;
       (B) an estimate of the number of ports in the Caribbean 
     Basin that will not be secured by January 1, 2007, and an 
     estimate of the financial impact in the United States of any 
     action taken pursuant to section 70110 of title 46, United 
     States Code, that affects trade between such ports and the 
     United States; and
       (C) an assessment of the additional resources and program 
     changes that are necessary to maximize security at ports in 
     the Caribbean Basin; and
       (2) may be submitted in both classified and redacted 
     formats.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     701 of title 46, United States Code, is amended by striking 
     the item relating to section 70901 and inserting the 
     following:

``70901. International cooperation and coordination''.

     SEC. --305. SPECIFIC PORT SECURITY INITIATIVES.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, is amended--
       (1) by redesignating the second section 70118 (relating to 
     withholding of clearance), as added by section 802(a)(2) of 
     the Coast Guard and Maritime Transportation Act of 2004, as 
     section 70119;
       (2) by redesignating the first section 70119 (relating to 
     enforcement by State and local officers), as added by section 
     801(a) of the Coast Guard and Maritime Transportation Act of 
     2004, as section 70120;
       (3) by redesignating the second section 70119 (relating to 
     civil penalty), as redesignated by section 802(a)(1) of the 
     Coast Guard and Maritime Transportation Act of 2004, as 
     section 70122;
       (4) by striking section 70116;
       (5) by redesignating sections 70117 through 70122 (as 
     redesignated) as sections 70120 through 70126; and
       (6) by inserting after section 70115 the following:

     ``Sec. 70116. Automated targeting system

       ``(a) In General.--The Secretary shall develop and maintain 
     an antiterrorism cargo identification and screening system 
     for containerized cargo shipped to the United States either 
     directly or via a foreign port to assess imports and target 
     those imports which pose a high risk of containing 
     contraband.
       ``(b) 24-hour advance notification.--In order to provide 
     the best possible data for the automated targeting system, 
     the Secretary shall require importers shipping goods to the 
     United States via cargo container to supply advanced trade 
     data not later than 24 hours before loading a container under 
     the advance notification requirements under section 484(a)(2) 
     of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). The 
     requirement shall apply to goods entered after July 1, 2007.
       ``(c) Secure Transmission; Confidentiality.--All 
     information required by the Secretary from supply chain 
     partners under this section shall--
       ``(1) be transmitted in a secure fashion, as determined by 
     the Secretary, so as to protect the information from 
     unauthorized access; and
       ``(2) shall not be subject to public disclosure under 
     section 552 of title 5.
       ``(c) Authorization of Appropriations.--
       ``(1) There are authorized to be appropriated to the 
     Secretary of Homeland Security to carry out the automated 
     targeting system program to identify high-risk oceanborne 
     container cargo for inspection--
       ``(A) $30,700,000 for fiscal year 2007;
       ``(B) $33,200,000 for fiscal year 2008; and
       ``(C) $35,700,000 for fiscal year 2009.
       ``(2) The amounts authorized by this subsection shall be in 
     addition to any other

[[Page S3831]]

     amounts authorized to be appropriated to carry out that 
     program.

     ``Sec. 70117. Container security initiative

       ``(a) In General.--The Secretary shall issue regulations 
     to--
       ``(1) evaluate and screen cargo documents prior to loading 
     in a foreign port for shipment to the United States, either 
     directly or via a foreign port; and
       ``(2) inspect high-risk cargo in a foreign port intended 
     for shipment to the United States by physical examination or 
     nonintrusive examination by technological means.
       ``(b) Implementation.--The Commissioner of Customs and 
     Border Protection shall execute inspection and screening 
     protocols with authorities in foreign ports to ensure that 
     the standards and procedures promulgated under subsection (a) 
     are implemented in an effective manner.
       ``(c) Application of Container Security Initiative to Other 
     Ports.--
       ``(1) In general.--The Secretary, through the Commissioner 
     of Customs and Border Protection, may designate foreign 
     seaports under this section if, with respect to any such 
     seaport, the Secretary determines that--
       ``(A) the seaport--
       ``(i) presents a significant level of risk;
       ``(ii) is a significant port or origin or transshipment, in 
     terms of volume or value, for cargo being imported to the 
     United States; and
       ``(iii) is potentially capable of validating a secure 
     system of transportation pursuant to section 70119; and
       ``(B) the Department of State and representatives of the 
     country with jurisdiction over the port have completed 
     negotiations to ensure compliance with the requirements of 
     the container security initiative.
       ``(2) Coordination with international cargo security 
     standards.--In carrying out paragraph (a), the Secretary 
     shall--
       ``(A) consult with the Secretary of State concerning 
     progress under section 70109(d); and
       ``(B) coordinate activities under paragraph (1) with 
     activities conducted under that section.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $142,000,000 for fiscal year 2007;
       ``(2) $144,000,000 for fiscal year 2008; and
       ``(3) $146,000,000 for fiscal year 2009.

     ``Sec. 70118. Customs-Trade Partnership Against Terrorism 
       validation program

       ``(a) In General.--The Secretary shall establish a 
     voluntary program to strengthen and improve the overall 
     security of the international supply chain and United States 
     border security.
       ``(b) Validation; Records Management.--The Secretary shall 
     issue regulations--
       ``(1) to strengthen the validation process to verify that 
     security programs of members of the Customs-Trade Partnership 
     Against Terrorism have been implemented and that the program 
     benefits should continue by providing appropriate guidance to 
     specialists conducting such validations, including 
     establishing what level of review is adequate to determine 
     whether member security practices are reliable, accurate, and 
     effective; and
       ``(2) to implement a records management system that 
     documents key decisions and significant operational events 
     accurately and in a timely manner, including a reliable 
     system for--
       ``(A) documenting and maintaining records of all decisions 
     in the application through validation processes, including 
     documentation of the objectives, scope, methodologies, and 
     limitations of validations; and
       ``(B) tracking member status.
       ``(b) Human Capital Plan.--Within 6 months after the date 
     of enactment of the Transportation Security Improvement Act 
     of 2005, the Secretary shall complete a human capital plan, 
     that clearly describes how the Customs-Trade Partnership 
     Against Terrorism program will recruit, train, and retain 
     sufficient staff to conduct the work of the program 
     successfully, including reviewing security profiles, vetting, 
     and conducting validations to mitigate program risk.
       ``(c) Revalidation.--The Secretary shall establish a 
     process for revalidating C-TPAT participants. Such 
     revalidation shall occur not less frequently than once during 
     every 3-year period following validation.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section not to exceed--
       ``(1) $60,000,000 for fiscal year 2007;
       ``(2) $65,000,000 for fiscal year 2008; and
       ``(3) $72,000,000 for fiscal year 2009.

     ``Sec. 70119. Secure systems of transportation

       ``(a) In General.--The Secretary shall establish a program, 
     to be known as the `GreenLane program', to evaluate and 
     certify secure systems of international intermodal 
     transportation--
       ``(1) to ensure the security and integrity of shipments of 
     goods to the United States from the point at which such goods 
     are initially packed or loaded into a cargo container for 
     international shipment until they reach their ultimate 
     destination; and
       ``(2) to facilitate the movement of such goods through the 
     entire supply chain through an expedited security and 
     clearance program.
       ``(b) Program Elements.--In establishing and conducting the 
     program under subsection (a) the Secretary, acting through 
     the Commissioner of Customs and Border Protection, shall--
       ``(1) establish standards and procedures for verifying, at 
     the point at which goods are placed in a cargo container for 
     shipping, that the container is free of unauthorized 
     hazardous chemical, biological, or nuclear material and for 
     securely sealing such containers after the contents are so 
     verified;
       ``(2) ensure that cargo is loaded at a port designated 
     under section 70117 for shipment to the United States;
       ``(3) develop performance standards to enhance the physical 
     security of shipping containers, including performance 
     standards for container security devices;
       ``(4) establish standards and procedures for securing cargo 
     and monitoring that security while in transit;
       ``(5) ensure that cargo complies with additional security 
     criteria established by the Secretary beyond the minimum 
     requirements for C-TPAT participation under section 70118, 
     particularly in the area of access controls;
       ``(6) establish standards and procedures for allowing the 
     United States Government to ensure and validate compliance 
     with this program; and
       ``(7) incorporate any other measures the Secretary 
     considers necessary to ensure the security and integrity of 
     international intermodal transport movements.
       ``(c) Benefits from Participation.--
       ``(1) Eligibility.--The Commissioner of Customs and Border 
     Protection may by regulation provide for expedited clearance 
     of cargo for an entity that--
       ``(A) meets or exceeds the standards established under 
     subsection (b); and
       ``(B) certifies the security of its supply chain not less 
     often than once every 2 years to the Secretary.
       ``(2) Benefits.--The expedited clearance provided under 
     paragraph (1) to any eligible entity may include--
       ``(A) the expedited release of GreenLane cargo into 
     destination ports within the United States during all threat 
     levels designated by the Secretary or the Commandant of the 
     Coast Guard;
       ``(B) reduced or eliminated bonding requirements for 
     GreenLane cargo;
       ``(C) priority processing for searches;
       ``(D) further reduced scores in the automated targeting 
     system; and
       ``(E) streamlined billing of any customs duties or fees.
       ``(d) Consequences of Lack of Compliance.--
       ``(1) In general.--Any participant whose security measures 
     and supply chain security practices have been determined by 
     the Secretary to be out of compliance with any requirements 
     of the program shall be denied benefits under the program.
       ``(2) Right of appeal.--Any participant determined by the 
     Secretary under paragraph (1) not to be in compliance with 
     the requirements of the program may appeal that determination 
     to the Secretary.''.
       (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:

``70116. Automated targeting system
``70117. Container security initiative
``70118. Customs-Trade Partnership Against Terrorism validation program
``70119. Secure systems of transportation
``70120. In rem liability for civil penalties and certain costs
``70121. Firearms, arrests, and seizure of property
``70122. Withholding of clearance
``70123. Enforcement by State and local officers
``70124. Container security initiative
``70125. Civil penalty''.
       (2) Section 70117(a) of title 46, United States Code, is 
     amended by striking ``section 70120'' and inserting ``section 
     70125''.
       (3) Section 70119(a) of such title, as redesignated by 
     subsection (a)(1) of this section, is amended--
       (A) by striking ``under section 70119,'' and inserting 
     ``under section 70125,''; and
       (B) by striking ``under section 70120,'' and inserting 
     ``under that section,''.

     SEC. --306. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE 
                   INSPECTION EQUIPMENT.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Domestic Nuclear Detection Office, 
     in consultation with the National Institute of Science and 
     Technology and the U.S. Customs and Border Protection, shall 
     initiate a rulemaking--
       (1) to establish minimum technical requirements for the 
     capabilities of non-intrusive inspection equipment for cargo, 
     including imaging and radiation devices; and
       (2) to ensure that all equipment used can detect risks and 
     threats as determined appropriate by the Secretary.
       (b) Endorsements; Sovereignty Conflicts.--In establishing 
     such requirements, the Domestic Nuclear Detection Office 
     shall be careful to avoid the endorsement of products 
     associated with specific companies and the creation of 
     sovereignty conflicts with participating countries.
       (c) Radiation Safety.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall submit a plan to the Senate Committee on 
     Commerce, Science, and Transportation,

[[Page S3832]]

     Senate Committee on Homeland Security and Governmental 
     Affairs, the Senate Committee on Appropriations, the House of 
     Representatives Committee on Homeland Security, and the House 
     of Representatives Committee on Appropriations that--
       (1) details the health and safety impacts of nonintrusive 
     inspection technology; and
       (2) describes the policy of the Bureau of Customs and 
     Border Protection for using nonintrusive inspection 
     equipment.
       (d) Final Rule Deadline.--The Domestic Nuclear Detection 
     Office shall issue a final rule under subsection (a) within 1 
     year after the rulemaking proceeding is initiated.

     SEC. --307. RANDOM INSPECTION OF CONTAINERS.

       Within 1 year after the date of enactment of this Act, the 
     Commissioner of Customs and Border Protection shall develop 
     and implement a plan, utilizing best practices for empirical 
     scientific research design and random sampling standards for 
     random physical inspection of shipping containers in addition 
     to any targeted or pre-shipment inspection of such containers 
     required by law or regulation or conducted under any other 
     program conducted by the Commissioner. Nothing in this 
     section shall be construed to mean that implementation of the 
     random sampling plan would preclude the additional physical 
     inspection of shipping containers not inspected pursuant to 
     the plan.

     SEC. --308. PORT SECURITY USER FEE STUDY.

       The Secretary of Homeland Security shall conduct a study of 
     the need for, and feasibility of, establishing a system of 
     oceanborne and port-related intermodal transportation user 
     fees that could be imposed and collected as a dedicated 
     revenue source, on a temporary or continuing basis, to 
     provide necessary funding for the improvement and maintenance 
     of enhanced port security. Within 1 year after date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security that--
       (1) contains the Secretary's findings, conclusions, and 
     recommendations (including legislative recommendations if 
     appropriate); and
       (2) includes an assessment of the annual amount of customs 
     fees and duties collected through oceanborne and port-related 
     transportation and the amount and percentage of such fees and 
     duties that are dedicated to improve and maintain security.

     SEC. --309. PORT SECURITY GRANTS.

       (a) Basis for Grants.--Section 70107(a) of title 46, United 
     States Code, is amended by striking ``for making a fair and 
     equitable allocation of funds'' and inserting ``based on risk 
     and vulnerability''.
       (b) Eligible Costs.--Section 70107(b) of title 46, United 
     States Code, is amended by striking paragraph (1) and 
     redesignating paragraphs (2) through (4) as paragraphs (1) 
     through (3), respectively.
       (c) Letters of Intent.--Section 70107(e) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) Letters of intent.--The Secretary may execute letters 
     of intent to commit funding to port sponsors from the 
     Fund.''.
       (d) Operation Safe Commerce.--Section 70107(i) of title 46, 
     United States Code, is amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Operation Safe Commerce.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the [To be supplied] Act, the Secretary shall 
     initiate grant projects that--
       ``(i) integrate nonintrusive inspection and radiation 
     detection equipment with automatic identification methods for 
     containers, vessels, and vehicles;
       ``(ii) test physical access control protocols and 
     technologies;
       ``(iii) create a data sharing network capable of 
     transmitting data required by entities participating in the 
     international supply chain from every intermodal transfer 
     point to the National Targeting Center of the Department; and
       ``(iv) otherwise further maritime and cargo security, as 
     determined by the Secretary.
       ``(B) Supply chain security for special container and 
     noncontainerized cargo.--The Secretary shall consider 
     demonstration projects that further the security of the 
     international supply chain for special container cargo, 
     including refrigerated containers, and noncontainerized 
     cargo, including roll-on/roll-off, break-bulk, liquid, and 
     dry bulk cargo.
       ``(C) Annual report.--Not later than March 1 of each year, 
     the Secretary shall submit a report detailing the results of 
     Operation Safe Commerce to--
       ``(i) the Senate Committee on Commerce, Science, and 
     Transportation;
       ``(ii) the Senate Committee on Homeland Security and 
     Governmental Affairs;
       ``(iii) the House of Representatives Committee on Homeland 
     Security;
       ``(iv) the Senate Committee on Appropriations; and
       ``(v) the House of Representatives Committee on 
     Appropriations.''.
       (e) Research, Development, Test, and Evaluation.--The 
     Secretary of Homeland Security shall--
       (1) direct research, development, test, and evaluation 
     efforts in furtherance of maritime and cargo security;
       (2) encourage the ingenuity of the private sector in 
     developing and testing technologies and process innovations 
     in furtherance of these objectives; and
       (3) evaluate such technologies.
       (f) Coordination.--The Secretary of Homeland Security, 
     acting through the Undersecretary for Science and Technology, 
     in consultation with the Assistant Secretary for Policy, the 
     Director of Cargo Security Policy, and the Chief Financial 
     Officer, shall ensure that--
       (1) research, development, test, and evaluation efforts 
     funded by the Department in furtherance of maritime and cargo 
     security are coordinated to avoid duplication of efforts; and
       (2) the results of such efforts are shared throughout the 
     Department, as appropriate.

     SEC. --310. 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. --311. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

       Within 120 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, acting through the 
     Commissioner of Customs and Border Protection, in 
     coordination with the Secretary of State, and their Canadian 
     counterparts, shall develop a plan for the inspection of 
     passengers and vehicles before such passengers board, or such 
     vehicles are loaded onto, a ferry bound for a United States 
     port.
                                 ______
                                 
  SA 3800. Mr. INOUYE (for himself, Mr. Stevens, Mrs. Hutchison, Mr. 
Rockefeller, Mrs. Boxer, Mr. Lautenberg, Ms. Snowe, Ms. Cantwell, Mr. 
Kerry, Mr. Dorgan, Mr. Nelson of Florida, and Mr. Pryor) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

                TITLE      --IMPROVED MARITIME SECURITY

     SEC. --00. SHORT TITLE; TABLE OF CONTENTS..

       (a) Short Title.--This title may be cited as the ``Maritime 
     Security Improvement Act of 2006''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

                Title      --Improved Maritime Security

Sec. --00. Short title; table of contents..
Sec. --01. Establishment of additional interagency operational centers 
              for port security.
Sec. --02. Area maritime transportation security plan to include 
              salvage response plan.
Sec. --03. Post-incident resumption of trade.
Sec. --04. Assistance for foreign ports.
Sec. --05. Improved data for targeted cargo searches.
Sec. --06. Technical requirements for non-intrusive inspection 
              equipment.
Sec. --07. Random inspection of containers.
Sec. --08. Cargo security.
Sec. --09. Secure systems of international intermodal transportation.
Sec. --10. Port security user fee study.
Sec. --11. Deadline for transportation security cards.
Sec. --12. Port security grants.
Sec. --13. Customs-Trade Partnership Against Terrorism security 
              validation program.
Sec. --14. Work stoppages and employee-employer disputes.
Sec. --15. Appeal of denial of waiver for transportation security card.
Sec. --16. Inspection of car ferries entering from Canada.

     SEC. --01. ESTABLISHMENT OF ADDITIONAL INTERAGENCY 
                   OPERATIONAL CENTERS FOR PORT SECURITY.

       (a) In General.--In order to improve interagency 
     cooperation, unity of command, and the sharing of 
     intelligence information in a common mission to provide 
     greater protection for port and intermodal transportation 
     systems against acts of terrorism, the Secretary of Homeland 
     Security, acting through the Commandant of the Coast Guard, 
     shall establish interagency operational centers for port 
     security at all high priority ports.
       (b) Characteristics.--The interagency operational centers 
     shall--
       (1) be based on the most appropriate compositional and 
     operational characteristics of the pilot project interagency 
     operational centers for port security in Miami, Florida, 
     Norfolk/Hampton Roads, Virginia, Charleston, South Carolina, 
     and San Diego, California;
       (2) be adapted to meet the security needs, requirements, 
     and resources of the individual port area at which each is 
     operating;
       (3) provide for participation by representatives of the 
     United States Customs and Border Protection, the 
     Transportation Security Administration, the Department of 
     Defense, and other Federal agencies, as determined to be 
     appropriate by the Secretary of Homeland Security, and State 
     and local law enforcement or port security agencies and 
     personnel; and
       (4) be incorporated in the implementation of--

[[Page S3833]]

       (A) maritime transportation security plans developed under 
     section 70103 of title 46, United States Code;
       (B) maritime intelligence activities under section 70113 of 
     that title;
       (C) short and long range vessel tracking under sections 
     70114 and 70115 of that title;
       (D) secure transportation systems under section 70116 of 
     that title;
       (E) the United States Customs and Border Protection's 
     screening and high-risk cargo inspection programs; and
       (F) the transportation security incident response plans 
     required by section 70104 of that title.
       (c) 2005 Act Report Requirement.--Nothing in this section 
     relieves the Commandant of the Coast Guard from compliance 
     with the requirements of section 807 of the Coast Guard and 
     Maritime Transportation Act of 2004. The Commandant shall 
     utilize the information developed in making the report 
     required by that section in carrying out the requirements of 
     this section.
       (d) Budget and Cost-Sharing Analysis.--Within 180 days 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security a proposed 
     budget analysis for implementing subsection (a), including 
     cost-sharing arrangements with other Federal departments and 
     agencies involved in the interagency operation of the 
     centers.

     SEC. --02. AREA MARITIME TRANSPORTATION SECURITY PLAN TO 
                   INCLUDE SALVAGE RESPONSE PLAN.

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

     SEC. --03. POST-INCIDENT RESUMPTION OF TRADE.

       Section 70103(a)(2)(J) of title 46, United States Code, is 
     amended by inserting after ``incident.'' the following: ``The 
     plan shall provide, to the extent practicable, preference in 
     the reestablishment of the flow of cargo through United 
     States ports after a transportation security incident to--
       ``(i) vessels that have a vessel security plan approved 
     under subsection (c);
       ``(ii) vessels manned by individuals who are described in 
     section 70105(b)(2)(B) and who have undergone a background 
     records check under section 70105(d) or who hold 
     transportation security cards issued under section 70105; and
       ``(iii) vessels on which all the cargo has undergone 
     screening and inspection under standards and procedures 
     established under section 70116(b)(2) of this title.''.

     SEC. --04. ASSISTANCE FOR FOREIGN PORTS.

       (a) In General.--Section 70109 of title 46, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 70109. International cooperation and coordination'' ; 
     and
       (2) by adding at the end the following:
       ``(c) Foreign Assistance Programs.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, the Secretary of State, the 
     Secretary of Energy, and the Commandant of the United States 
     Coast Guard, shall identify foreign assistance programs that 
     could facilitate implementation of port security 
     antiterrorism measures in foreign countries. The Secretary 
     shall establish a program to utilize those programs that are 
     capable of implementing port security antiterrorism measures 
     at ports in foreign countries that the Secretary finds, under 
     section 70108, to lack effective antiterrorism measures.
       ``(2) Caribbean basin.--The Secretary, in coordination with 
     the Secretary of State and in consultation with the 
     Organization of American States and the Commandant of the 
     United States Coast Guard, shall place particular emphasis on 
     utilizing programs to facilitate the implementation of port 
     security antiterrorism measures at the ports located in the 
     Caribbean Basin, as such ports pose unique security and 
     safety threats to the United States due to--
       ``(A) the strategic location of such ports between South 
     America and United States;
       ``(B) the relative openness of such ports; and
       ``(C) the significant number of shipments of narcotics to 
     the United States that are moved through such ports.
       ``(d) International Cargo Security Standards.--The 
     Secretary of State, in consultation with the Secretary acting 
     through the Commissioner of Customs and Border Protection, 
     shall enter into negotiations with foreign governments and 
     international organizations, including the International 
     Maritime Organization, the World Customs Organization, the 
     International Labor Organization, and the International 
     Standards Organization, as appropriate--
       ``(1) to promote standards for the security of containers 
     and other cargo moving within the international supply chain;
       ``(2) to encourage compliance with minimum technical 
     requirements for the capabilities of nonintrusive inspection 
     equipment, including imaging and radiation detection devices, 
     established under section --06 of the Maritime Security 
     Improvement Act of 2006;
       ``(3) to implement the requirements of the container 
     security initiative under section 70121; and
       ``(4) to implement standards and procedures established 
     under section 70116.''.
       (b) Report on Security at Ports in the Caribbean Basin.--
     Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General shall submit to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report on the security of ports in the 
     Caribbean Basin. The report--
       (1) shall include--
       (A) an assessment of the effectiveness of the measures 
     employed to improve security at ports in the Caribbean Basin 
     and recommendations for any additional measures to improve 
     such security;
       (B) an estimate of the number of ports in the Caribbean 
     Basin that will not be secured by January 1, 2007, and an 
     estimate of the financial impact in the United States of any 
     action taken pursuant to section 70110 of title 46, United 
     States Code, that affects trade between such ports and the 
     United States; and
       (C) an assessment of the additional resources and program 
     changes that are necessary to maximize security at ports in 
     the Caribbean Basin; and
       (2) may be submitted in both classified and redacted 
     formats.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     701 of title 46, United States Code, is amended by striking 
     the item relating to section 70901 and inserting the 
     following:

``70901. International cooperation and coordination''.

     SEC. --05. IMPROVED DATA FOR TARGETED CARGO SEARCHES.

       (a) In General.--In order to provide the best possible data 
     for the automated targeting system developed and operated by 
     United States Customs and Border Protection under section 
     70116(b)(1) of title 46, United States Code, that identifies 
     high-risk cargo for inspection before it is loaded in a 
     foreign port for shipment to the United States, the Secretary 
     of Homeland Security, acting through the Commissioner of 
     Customs and Border Protection, shall require importers 
     shipping goods to the United States via cargo container to 
     supply entry data not later than 24 hours before loading a 
     container under the advance notification requirements under 
     section 484(a)(2) of the Tariff Act of 1930 (19 U.S.C. 
     1484(a)(2)).
       (b) Deadline.--The requirement imposed under subsection (a) 
     shall apply to goods entered after July 1, 2006.
       (c) Authorization of Appropriations.--
       (1) There are authorized to be appropriated to the 
     Secretary of Homeland Security to carry out the automated 
     targeting system program to identify high-risk oceanborne 
     container cargo for inspection--
       (A) $30,700,000 for fiscal year 2007;
       (B) $33,200,000 for fiscal year 2008; and
       (C) $35,700,000 for fiscal year 2009.
       (2) The amounts authorized by this subsection shall be in 
     addition to any other amounts authorized to be appropriated 
     to carry out that program.

     SEC. --06. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE 
                   INSPECTION EQUIPMENT.

       Within 2 years after the date of enactment of this Act, the 
     Commissioner of Customs and Border Protection, in 
     consultation with the National Institute of Science and 
     Technology, shall initiate a rulemaking to establish minimum 
     technical requirements for the capabilities of nonintrusive 
     inspection equipment, including imaging and radiation 
     detection devices, that help ensure that all equipment used 
     can detect risks and threats as determined appropriate by the 
     Secretary, while considering the need not to endorse specific 
     companies or to create sovereignty conflicts with 
     participating countries.

     SEC. --07. RANDOM INSPECTION OF CONTAINERS.

       Within 1 year after the date of enactment of this Act, the 
     Commissioner of Customs and Border Protection shall develop 
     and implement a plan, utilizing best practices for empirical 
     scientific research design and random sampling standards for 
     random physical inspection of shipping containers in addition 
     to any targeted or pre-shipment inspection of such containers 
     required by law or regulation or conducted under any other 
     program conducted by the Commissioner. Nothing in this 
     section shall be construed to mean that implementation of the 
     random sampling plan would preclude the additional physical 
     inspection of shipping containers not inspected pursuant to 
     the plan.

     SEC. --08. CARGO SECURITY.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, is amended--
       (1) by redesignating the second section 70118 (relating to 
     withholding of clearance), as added by section 802(a)(2) of 
     the Coast Guard and Maritime Transportation Act of 2004, as 
     section 70119;
       (2) by redesignating the first section 70119 (relating to 
     enforcement by State and local officers), as added by section 
     801(a) of the

[[Page S3834]]

     Coast Guard and Maritime Transportation Act of 2004, as 
     section 70120;
       (3) by redesignating the second section 70119 (relating to 
     civil penalty), as redesignated by section 802(a)(1) of the 
     Coast Guard and Maritime Transportation Act of 2004, as 
     section 70122; and
       (4) by inserting after section 70120, as redesignated by 
     paragraph (2), the following:

     ``Sec. 70121. Container security initiative

       ``(a) In General.--Pursuant to the standards established 
     under subsection (b)(1) of section 70116--
       ``(1) the Secretary, through the Commissioner of Customs 
     and Border Protection, shall issue regulations to--
       ``(A) evaluate and screen cargo documents prior to loading 
     in a foreign port for shipment to the United States, either 
     directly or via a foreign port; and
       ``(B) inspect high-risk cargo in a foreign port intended 
     for shipment to the United States by physical examination or 
     nonintrusive examination by technological means; and
       ``(2) the Commissioner of Customs and Border Protection 
     shall execute inspection and screening protocols with 
     authorities in foreign ports to ensure that the standards and 
     procedures promulgated under paragraph (1) are implemented in 
     an effective manner.
       ``(b) Extension of Container Security Initiative to Other 
     Ports.--The Secretary, through the Commissioner of Customs 
     and Border Protection, may designate foreign seaports under 
     this section if, with respect to any such seaport, the 
     Secretary determines that--
       ``(1) the seaport--
       ``(A) presents a significant level of risk;
       ``(B) is a significant port or origin or transshipment, in 
     terms of volume or value, for cargo being imported to the 
     United States; and
       ``(C) is potentially capable of validating a secure system 
     of transportation pursuant to section 70116; and
       ``(2) the Department of State and representatives of the 
     country with jurisdiction over the port have completed 
     negotiations to ensure compliance with the requirements of 
     the container security initiative.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $142,000,000 for fiscal year 2007;
       ``(2) $144,000,000 for fiscal year 2008; and
       ``(3) $146,000,000 for fiscal year 2009.''.
       (b) Conforming Amendments.--
       (1) The chapter analysis for chapter 701 of title 46, 
     United States Code, is amended by striking the items 
     following the item relating to section 70116 and inserting 
     the following:

``70117. In rem liability for civil penalties and certain costs
``70118. Firearms, arrests, and seizure of property
``70119. Withholding of clearance
``70120. Enforcement by State and local officers
``70121. Container security initiative
``70122. Civil penalty''.

       (2) Section 70117(a) of title 46, United States Code, is 
     amended by striking ``section 70120'' and inserting ``section 
     70122''.
       (3) Section 70119(a) of such title, as redesignated by 
     subsection (a)(1) of this section, is amended--
       (A) by striking ``under section 70119,'' and inserting 
     ``under section 70122,''; and
       (B) by striking ``under section 70120,'' and inserting 
     ``under that section,''.
       (4) Section 111 of the Maritime Transportation Security Act 
     of 2002 is repealed.

     SEC. --09. SECURE SYSTEMS OF INTERNATIONAL INTERMODAL 
                   TRANSPORTATION.

       Section 70116 of title 46, United States Code, is amended--
       (1) by striking ``transportation.'' in subsection (a) and 
     inserting ``transportation--
       ``(1) to ensure the security and integrity of shipments of 
     goods to the United States from the point at which such goods 
     are initially packed or loaded into a cargo container for 
     international shipment until they reach their ultimate 
     destination; and
       ``(2) to facilitate the movement of such goods through the 
     entire supply chain through an expedited security and 
     clearance program.''; and
       (2) by striking subsection (b) and inserting the following:
       ``(b) Program Elements.--In establishing and conducting the 
     program under subsection (a) the Secretary, acting through 
     the Commissioner of Customs and Border Protection, shall--
       ``(1) establish standards and procedures for verifying, at 
     the point at which goods are placed in a cargo container for 
     shipping, that the container is free of unauthorized 
     hazardous chemical, biological, or nuclear material and for 
     securely sealing such containers after the contents are so 
     verified;
       ``(2) establish standards and procedures for screening and 
     evaluating cargo prior to loading in a foreign port for 
     shipment to the United States either directly or via a 
     foreign port;
       ``(3) establish standards and procedures for securing cargo 
     and monitoring that security while in transit;
       ``(4) develop performance standards to enhance the physical 
     security of shipping containers, including performance 
     standards for seals and locks;
       ``(5) establish standards and procedures for allowing the 
     United States Government to ensure and validate compliance 
     with this program; and
       ``(6) incorporate any other measures the Secretary 
     considers necessary to ensure the security and integrity of 
     international intermodal transport movements.
       ``(c) Benefits from Participation.--The Commissioner of 
     Customs and Border Protection may provide expedited clearance 
     of cargo to an entity that--
       ``(1) meets or exceeds the standards established under 
     subsection (b); and
       ``(2) certifies the security of its supply chain not less 
     often than once every 2 years to the Secretary.''.

     SEC. --10. PORT SECURITY USER FEE STUDY.

       The Secretary of Homeland Security shall conduct a study of 
     the need for, and feasibility of, establishing a system of 
     oceanborne and port-related intermodal transportation user 
     fees that could be imposed and collected as a dedicated 
     revenue source, on a temporary or continuing basis, to 
     provide necessary funding for the improvement and maintenance 
     of enhanced port security. Within 1 year after date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security that--
       (1) contains the Secretary's findings, conclusions, and 
     recommendations (including legislative recommendations if 
     appropriate); and
       (2) includes an assessment of the annual amount of customs 
     fees and duties collected through oceanborne and port-related 
     transportation and the amount and percentage of such fees and 
     duties that are dedicated to improve and maintain security.

     SEC. --11. DEADLINE FOR TRANSPORTATION SECURITY CARDS.

       The Secretary shall issue a final rule under section 70105 
     of title 46, United States Code, no later than January 1, 
     2007.

     SEC. --12. PORT SECURITY GRANTS.

       (a) Basis for Grants.--Section 70107(a) of title 46, United 
     States Code, is amended by striking ``for making a fair and 
     equitable allocation of funds'' and inserting ``based on risk 
     and vulnerability''.
       (b) Eligible Costs.--Section 70107(b) of title 46, United 
     States Code, is amended by striking paragraph (1) and 
     redesignating paragraphs (2) through (4) as paragraphs (1) 
     through (3), respectively.
       (c) Letters of Intent.--Section 70107(e) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) Letters of intent.--The Secretary may execute letters 
     of intent to commit funding to port sponsors from the 
     Fund.''.

     SEC. --13. CUSTOMS-TRADE PARTNERSHIP AGAINST TERRORISM 
                   SECURITY VALIDATION PROGRAM.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, as amended by section --08 of this title, is further 
     amended--
       (1) by redesignating section 70122 (as redesignated by 
     section --08(a)(3) of this title) as section 70123; and
       (2) by inserting after section 70121 the following:

     ``Sec. 70122. Customs-Trade Partnership Against Terrorism 
       validation program.

       ``(a) Validation; Records Management.--The Secretary of 
     Homeland Security, through the Commissioner of Customs and 
     Border Protection, shall issue regulations--
       ``(1) to strengthen the validation process to verify that 
     security programs of members of the Customs-Trade Partnership 
     Against Terrorism have been implemented and that the program 
     benefits should continue by providing appropriate guidance to 
     specialists conducting such validations, including 
     establishing what level of review is adequate to determine 
     whether member security practices are reliable, accurate, and 
     effective; and
       ``(2) to implement a records management system that 
     documents key decisions and significant operational events 
     accurately and in a timely manner, including a reliable 
     system for--
       ``(A) documenting and maintaining records of all decisions 
     in the application through validation processes, including 
     documentation of the objectives, scope, methodologies, and 
     limitations of validations; and
       ``(B) tracking member status.
       ``(b) Human Capital Plan.--Within 6 months after the date 
     of enactment of the Maritime Security Improvement Act of 
     2006, the Secretary shall complete a human capital plan, that 
     clearly describes how the Customs-Trade Partnership Against 
     Terrorism program will recruit, train, and retain sufficient 
     staff to conduct the work of the program successfully, 
     including reviewing security profiles, vetting, and 
     conducting validations to mitigate program risk.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security to 
     carry out section 70122 of title 49, United States Code, not 
     to exceed--
       (1) $60,000,000 for fiscal year 2007;
       (2) $65,000,000 for fiscal year 2008; and
       (3) $72,000,000 for fiscal year 2009.
       (c) Conforming Amendments.--
       (1) The chapter analysis for chapter 701 of title 46, 
     United States Code, as amended by section --08(b) of this 
     title, is further amended by striking the item relating to 
     section 70122 and inserting the following:

``70122. Customs-Trade Partnership Against Terrorism validation program
``70123. Civil penalty''.


[[Page S3835]]


       (2) Section 70117(a) and 70119(a) of title 46, United 
     States Code, as amended by section --08(b)(2) and (3), 
     respectively, of this Act, are each amended by striking 
     ``section 70122,'' and inserting ``section 70123,''.

     SEC. --14. 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. --15. APPEAL OF DENIAL OF WAIVER FOR TRANSPORTATION 
                   SECURITY CARD.

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

     SEC. --16. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

       Within 120 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, acting through the 
     Commissioner of Customs and Border Protection, in 
     coordination with the Secretary of State, and their Canadian 
     counterparts, shall develop a plan for the inspection of 
     passengers and vehicles before such passengers board, or such 
     vehicles are loaded onto, a ferry bound for a United States 
     port.
                                 ______
                                 
  SA 3801. Mr. LEAHY (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 118, line 7, strike ``$136,290,000'' and insert in 
     lieu thereof ``$171,290,000''.
       On page 88, line 6, strike ``$1,452,600,000'' and insert in 
     lieu thereof the ``$1,417,600,000''.
                                 ______
                                 
  SA 3802. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, line 25, strike ``$10,500,000'' and insert in 
     lieu thereof ``$20,500,000''.
       On page 88, line 6, strike ``$1,452,600,000'' and insert in 
     lieu thereof the ``$1,442,600,000''.
       On page 117, line 26, after ``That'' insert the following:

     of the funds appropriated under this heading, $10,000,000 
     shall be made available for assistance for Guatemala for 
     recovery and reconstruction activities related to Hurricane 
     Stan: Provided further, That
                                 ______
                                 
  SA 3803. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec.   . For purposes of oversight by and determining the 
     termination date of the Office of the Special Inspector 
     General for Iraq Reconstruction under section 3001(o) of the 
     Emergency Supplemental Appropriations Act for Defense and for 
     the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 
     108-106; 5 U.S.C. App. 8G note), as amended by section 1203 
     of the Ronald W. Reagan National Defense Authorization Act, 
     2005 (Public Law 108-375); 118 Stat. 2081), and section 599 
     of the Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 2006 (Public Law 109-102; 119 
     Stat. 2240), the following funds shall be deemed amounts 
     appropriated or otherwise made available for the Iraq Relief 
     and Reconstruction Fund:
       (1) Funds appropriated or otherwise made available by this 
     Act for assistance for Iraq under the headings ``OPERATING 
     EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL 
     DEVELOPMENT'', ``ECONOMIC SUPPORT FUND'', ``INTERNATIONAL 
     NARCOTICS CONTROL AND LAW ENFORCEMENT,'' and ``INTERNATIONAL 
     AFFAIRS TECHNICAL ASSISTANCE''.
                                 ______
                                 
  SA 3804. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 157, beginning on line 22, strike ``any 
     shipbuilding contract'' and insert ``any existing 
     shipbuilding contract of the Navy''.
                                 ______
                                 
  SA 3805. Mr. BENNETT submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:


                       SIGN REPAIR OR REPLACEMENT

       Sec. __. Notwithstanding part 750 of title 23, Code of 
     Federal Regulations (or a successor regulation), if permitted 
     by State law, a nonconforming sign that is damaged, 
     destroyed, abandoned, or discontinued as a result of an act 
     of God (as defined by State law) may be repaired, replaced, 
     or reconstructed if the replacement sign has the same 
     dimensions as the original sign.
                                 ______
                                 
  SA 3806. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 90, between lines 10 and 11, insert the following:


           OFFICE OF THE PRESIDENTIAL SPECIAL ENVOY FOR SUDAN

       Sec. 1202. Of the amount appropriated by this chapter for 
     the Department of State for the administration of foreign 
     affairs under the heading ``diplomatic and consular 
     programs'', such sums as may be necessary shall be made 
     available for the establishment and adequate support, 
     including staffing, of the Office of the Presidential Special 
     Envoy for Sudan. The mandate of the Office shall include 
     coordinating efforts to implement the Comprehensive Peace 
     Agreement for Sudan and making recommendations for restoring 
     and maintaining stability and lasting peace for all of Sudan, 
     including Darfur, and throughout the region, including Chad 
     and northern Uganda.
                                 ______
                                 
  SA 3807. Mr. CHAMBLISS (for himself, Mr. Isakson, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


   CONFORMING CHANGES RELATED TO MILITARY CONSTRUCTION AUTHORIZATIONS

       Sec. 7032. Section 2403(b) of the Military Construction 
     Authorization Act for Fiscal Year 2006 (division B of Public 
     Law 109-163) is amended in paragraph (2) by striking 
     ``$12,500,000'' and inserting ``$291,888,000'', and in 
     paragraph (3) by striking ``$256,034,000'' and inserting 
     ``$301,524,000''.
                                 ______
                                 
  SA 3808. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


       SENSE OF THE SENATE ON SECURING THE UNITED STATES BORDERS

       Sec. __. (a) The Senate makes the following findings:
       (1) The net growth of 500,000 unauthorized aliens entering 
     the United States each year, and the potential for terrorists 
     to take advantage of the porous borders of the United States, 
     represent a clear and present danger to the national security 
     of the Unites States.
       (2) The inability to secure the international borders of 
     the Unites States has given rise to an immigration crisis 
     that has profound social, legal, and political ramifications.
       (3) While assessing the identity and location of the 
     approximately 11,000,000 unauthorized aliens currently in the 
     United States, the Federal Government must simultaneously act 
     to secure the borders and prevent further illegal entry.
       (b) It is the sense of the Senate that--
       (1) the President of the United States should demonstrate 
     the highest level of commitment to securing the land and sea 
     borders of the Unites States by using all the resources at 
     the disposal of the President, including--
       (A) declaring a state of emergency in States that share an 
     international border with Mexico or Canada until such time as 
     the President determines that--
       (i) the additional resources and manpower provided by this 
     Act are deployed; and
       (ii) there is a significant reduction in the number of 
     illegal aliens entering the United States;
       (B) immediately deploying the Armed Forces, including the 
     National Guard to such international borders;
       (C) requiring each Cabinet Secretary to detail the 
     resources and capabilities that their respective Federal 
     agencies have available for use in securing the land and sea 
     borders of the United States; and
       (D) facilitating the development of a program to enable all 
     willing citizens of the United States to contribute to 
     securing the land and sea borders of the United States; and
       (2) the President of Mexico should be encouraged to use all 
     authority within the power of the President of Mexico to 
     secure the international border between the United States and 
     Mexico from illegal crossings.
                                 ______
                                 
  SA 3809. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for

[[Page S3836]]

the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


        REQUIRED DISCLOSURE OF ENTITIES RECEIVING FEDERAL FUNDS

       Sec. 7032. (a) Beginning not later than 30 days after the 
     date of the enactment of this Act, the Director of the Office 
     of Management and Budget shall maintain and publish a list of 
     the 25 largest (by dollar value) contracts, subcontracts, and 
     task and delivery orders related to Hurricane Katrina 
     recovery and reconstruction efforts that are awarded each 
     month using funds appropriated or otherwise made available by 
     this Act.
       (b) The list published under subsection (a) shall include, 
     with respect to each listed contract, subcontract, or task 
     and delivery order--
       (1) the name of the contractor or subcontractor;
       (2) the amount of the contract, subcontract, or task and 
     delivery order;
       (3) the purpose of the contract, subcontract, or task and 
     delivery order; and
       (4) the duration of the contract, subcontract, or task and 
     delivery order.
       (c) The list required under subsection (a) shall--
       (1) be published in newspapers of general circulation in 
     the areas affected by Hurricane Katrina;
       (2) be made available to the public on an accessible 
     Federal Government Internet website; and
       (3) include an electronic mail address and toll-free 
     telephone number through which local residents may contact a 
     contracting agency to report fraud, waste, or abuse under a 
     contract.
                                 ______
                                 
  SA 3810. Mr. OBAMA (for himself, Mr. Coburn, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


            ACCOUNTABILITY IN HURRICANE RECOVERY CONTRACTING

       Sec. 7032. None of the funds appropriated by this Act that 
     are made available for relief and recovery efforts related to 
     Hurricane Katrina and the other hurricanes of the 2005 season 
     may be used by an executive agency to enter into any Federal 
     contract exceeding $500,000 through the use of procedures 
     other than competitive procedures as required by the Federal 
     Acquisition Regulation and, as applicable, section 303(a) of 
     the Federal Property and Administrative Services Act of 1949 
     (41 U.S.C. 253(a)) or section 2304(a) of title 10, United 
     States Code.
                                 ______
                                 
  SA 3811.  Mr. OBAMA (for himself, Mr. Coburn, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


         LIMITS ON ADMINISTRATIVE COSTS UNDER FEDERAL CONTRACTS

       Sec. 7032. None of the funds appropriated by this Act may 
     be used by an executive agency to enter into any Federal 
     contract, grant, cooperative agreement, or task and delivery 
     order for which the administrative overhead and contract 
     management expenses exceed reasonable industry standards.
                                 ______
                                 
  SA 3812. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 198, line 24, after the colon, insert the 
     following: ``Provided further, That the limitation contained 
     in section 8(o)(13)(B) of the United States Housing Act of 
     1937 shall not apply to the funds made available under the 
     previous proviso:''.
                                 ______
                                 
  SA 3813. Mr. OBAMA (for himself, Mr. Bingaman, and Mr. Salazar) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 168, between lines 8 and 9, insert the following:


              EVACUATION OF INDIVIDUALS WITH SPECIAL NEEDS

       Sec. 2504. The Secretary of Homeland Security, shall take 
     appropriate actions to ensure that each State and each of the 
     75 largest urban areas, in the homeland security strategy or 
     other homeland security plan for such State or urban area, 
     provides detailed and comprehensive information regarding the 
     predisaster and postdisaster plans of such State or urban 
     area for the evacuation of individuals with special needs 
     (including low-income individuals and families, disabled 
     individuals, the homeless, individuals who do not speak 
     English, and the elderly) in an emergency that would warrant 
     their evacuation (including plans for the provision of food, 
     water, and shelter for evacuees).
                                 ______
                                 
  SA 3814. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. Not later than 10 days after the date of enactment 
     of this Act, the Secretary of Homeland Security, from amounts 
     provided to the Department of Homeland Security under the 
     heading ``Office of the Under Secretary for Management'' 
     under title I of the Department of Homeland Security 
     Appropriations Act, 2006 (Public Law 109-90), shall make 
     available $1,000,000 for the Center for Asbestos Related 
     Disease in Libby, Montana.
                                 ______
                                 
  SA 3815. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 245, line 22, insert ``: Provided, That $1,000,000 
     shall be available for the Center for Asbestos Related 
     Disease in Libby, Montana'' after ``$3,960,000''.
                                 ______
                                 
  SA 3816. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 117, between lines 9 and 10, insert the following:


   MENTAL HEALTH COUNSELING AND CARE FOR MEMBERS OF THE ARMED FORCES

       Sec. 1312. (a) Additional Amount for Defense Health 
     Program.--The amount appropriated by this chapter under the 
     heading ``Defense Health Program'' is hereby increased by 
     $50,000,000, with the entire amount of the increase 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       (b) Availability of Amount.--Of the amount appropriated by 
     this chapter under the heading ``Defense Health Program'', as 
     increased by subsection (a), $50,000,000 shall be available 
     to expand resources available for mental health counseling 
     and care, including, in particular, suicide prevention 
     programs for members of the Armed Forces.
                                 ______
                                 
  SA 3817. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike section 7017 (relating to the Office of Job Corps).
                                 ______
                                 
  SA 3818. Mr. WYDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 253, between lines 19 and 20, insert the following:


          RENEGOTIATION OF EXISTING OIL AND NATURAL GAS LEASES

       Sec. 7032. (a) The Secretary of the Interior (referred to 
     in this section as the ``Secretary'') shall, to the maximum 
     extent practicable, attempt to renegotiate each lease 
     authorizing production of oil or natural gas on Federal land 
     (including submerged land) issued by the Secretary before the 
     date of enactment of this Act as the Secretary determines to 
     be necessary to modify the terms of the lease to ensure that 
     a suspension of a requirement to pay royalties under the 
     lease is terminated.
       (b) Unless a lessee renegotiates a lease described in 
     subsection (a) and enters in an agreement with the Secretary 
     to modify the terms of a lease in accordance with that 
     subsection by the date that is 60 days after the date of 
     enactment of this Act, the lessee shall not be eligible--
       (1) to enter into a new lease that authorizes production of 
     oil or natural gas on Federal land (including submerged 
     land); or
       (2) to obtain by sale or other transfer any lease described 
     in subsection (a) that is issued before the end of the 60-day 
     period.
                                 ______
                                 
  SA 3819. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 140, strike from line 8 ``$10,000,000'' through 
     line 15 ``years:'', and insert in its

[[Page S3837]]

     place on page 140, line 8, after ``appropriated'' the 
     following: ``$30 million shall be provided for the fishery 
     finance program loans under title XI of the Merchant Marine 
     Act, 1936, (46 U.S.C. App. 1271 et seq,) to satisfy loan 
     obligations for loans used to make expenditures, guarantee or 
     finance to repair, replace or restore fisheries 
     infrastructure, vessels, facilities, or fish processing 
     facilities home-ported or located within the declared 
     fisheries disaster area.''
                                 ______
                                 
  SA 3820. Mr. OBAMA (for himself, Mr. Levin, Mr. Bayh, Ms. Landrieu, 
and Mr. Lieberman) submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 165, line 9, strike ``$10,000,000'' and all that 
     follows through line 14 and insert the following: 
     ``$11,000,000, to remain available until expended: Provided, 
     That $1,000,000 shall be for the efforts of the Director of 
     the Federal Emergency Management Agency, in consultation with 
     the Secretary of Health and Human Services, ongoing on the 
     date of enactment of this Act to assist individuals displaced 
     by Hurricane Katrina of 2005, in locating members of their 
     family: Provided further, That not later than 1 year after 
     the date of enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of Health and 
     Human Services and the Attorney General of the United States, 
     shall conduct an assessment regarding how to modify the 
     Louisiana family assistance call center model and the model 
     used by the National Center for Missing and Exploited 
     Children for use in major disasters (as that term is defined 
     in section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122)) occurring after 
     the date of enactment of this Act: Provided further, That not 
     later than 1 year after the date of the conclusion of the 
     assessment conducted under the preceding proviso, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Health and Human Services and the Attorney 
     General of the United States, shall issue regulations to 
     implement the findings of such assessment, to the maximum 
     extent practicable: Provided further, That the amount 
     provided under this heading is designated as an emergency 
     requirement under section 402 of H. Con. Res. 95 (109th 
     Congress), the concurrent resolution in the budget for fiscal 
     year 2006.''.
                                 ______
                                 
  SA 3821. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:


                     VISA WAIVER PROGRAM EXPANSION

       Sec. __. Section 217(c) of the Immigration and Nationality 
     Act (8 U.S.C. 1187(c)) is amended by adding at the end the 
     following:
       ``(8) Probationary admission.--
       ``(A) In general.--Notwithstanding any other provision of 
     this section, a country may be designated as a program 
     country, on a probationary basis, under this section if--
       ``(i) the country is a member of the European Union;
       ``(ii) the country is providing material support, including 
     more than a nominal number of military personnel, to the 
     United States or the multilateral forces in Afghanistan or 
     Iraq, as determined by the Secretary of Defense, in 
     consultation with the Secretary of State;
       ``(iii) the Secretary of Homeland Security, in consultation 
     with the Secretary of State, determines that participation of 
     the country in the visa waiver program under this section 
     does not compromise the law enforcement interests of the 
     United States.
       ``(B) Refusal rates; overstay rates.--The determination 
     under subparagraph (A)(iii) shall not take into account any 
     refusal rates or overstay rates prior to the expiration of 
     the first full year of the country's admission into the 
     European Union.
       ``(C) Full compliance.--Not later than 2 years after the 
     date of a country's designation under subparagraph (A), the 
     country--
       ``(i) shall be in full compliance with all applicable 
     requirements for program country status under this section; 
     or
       ``(ii) shall have its program country designation 
     terminated.
       ``(D) Extensions.--The Secretary of State may extend, for a 
     period not to exceed 2 years, the probationary designation 
     granted under subparagraph (A) if the country--
       ``(i) is making significant progress towards coming into 
     full compliance with all applicable requirements for program 
     country status under this section;
       ``(ii) is likely to achieve full compliance before the end 
     of such 2-year period; and
       ``(iii) continues to be an ally of the United States 
     against terrorist states, organizations, and individuals, as 
     determined by the Secretary of Defense, in consultation with 
     the Secretary of State.''.
                                 ______
                                 
  SA 3822. Mr. INOUYE (for himself, Mr. Stevens, Mr. Shelby, Mr. 
Sarbanes, Mr. Rockefeller, Mr. Reed, Mrs. Boxer, Mrs. Clinton, and Mr. 
Allard) submitted an amendment intended to be proposed by him to the 
bill H.R. 4939, making emergency supplemental appropriations for the 
fiscal year ending September 30, 2006, and for other purposes; which 
was ordered to lie on the table; as follows:

          TITLE      --IMPROVED PUBLIC TRANSPORTATION SECURITY

     SEC. --101. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Public 
     Transportation Terrorism Prevention Act of 2006''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:
Sec. --101. Short title; table of contents.
Sec. --102. Findings and purpose.
Sec. --103. Security assessments.
Sec. --104. Security assistance grants.
Sec. --105. Intelligence sharing.
Sec. --106. Research, development, and demonstration grants.
Sec. --107. Reporting requirements.
Sec. --108. Authorization of appropriations.
Sec. --109. Sunset provision.

     SEC. --102. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) public transportation systems throughout the world have 
     been a primary target of terrorist attacks, causing countless 
     death and injuries;
       (2) 5,800 public transportation agencies operate in the 
     United States;
       (3) 14,000,000 people in the United States ride public 
     transportation each work day;
       (4) safe and secure public transportation systems are 
     essential for the Nation's economy and for significant 
     national and international public events;
       (5) the Federal Transit Administration has invested 
     $74,900,000,000 since 1992 for construction and improvements 
     to the Nation's public transportation systems;
       (6) the Federal Government appropriately invested 
     $18,100,000,000 in fiscal years 2002 through 2005 to protect 
     our Nation's aviation system and its 1,800,000 daily 
     passengers;
       (7) the Federal Government has allocated $250,000,000 in 
     fiscal years 2003 through 2005 to protect public 
     transportation systems in the United States;
       (8) the Federal Government has invested $7.38 in aviation 
     security improvements per passenger, but only $0.007 in 
     public transportation security improvements per passenger;
       (9) the Government Accountability Office, the Mineta 
     Institute for Surface Transportation Policy Studies, the 
     American Public Transportation Association, and many 
     transportation experts have reported an urgent need for 
     significant investment in public transportation security 
     improvements; and
       (10) the Federal Government has a duty to deter and 
     mitigate, to the greatest extent practicable, threats against 
     the Nation's public transportation systems.

     SEC. --103. SECURITY ASSESSMENTS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--Not later than 30 days after the date of 
     enactment of this Act, the Federal Transit Administration of 
     the Department of Transportation shall submit all public 
     transportation security assessments and all other relevant 
     information to the Secretary of Homeland Security.
       (2) Review.--Not later than July 31, 2006, the Secretary of 
     Homeland Security shall review and augment the security 
     assessments received under paragraph (1).
       (3) Allocations.--The Secretary of Homeland Security shall 
     use the security assessments received under paragraph (1) as 
     the basis for allocating grant funds under section --104, 
     unless the Secretary notifies the Committee on Banking, 
     Housing, and Urban Affairs of the Senate that the Secretary 
     has determined that an adjustment is necessary to respond to 
     an urgent threat or other significant factors.
       (4) Security improvement priorities.--Not later than 
     September 30, 2006, the Secretary of Homeland Security, after 
     consultation with the management and employee representatives 
     of each public transportation system for which a security 
     assessment has been received under paragraph (1), shall 
     establish security improvement priorities that will be used 
     by public transportation agencies for any funding provided 
     under section --104.
       (5) Updates.--Not later than July 31, 2007, and annually 
     thereafter, the Secretary of Homeland Security shall--
       (A) update the security assessments referred to in this 
     subsection; and
       (B) conduct security assessments of all public 
     transportation agencies considered to be at greatest risk of 
     a terrorist attack.
       (b) Use of Security Assessment Information.--The Secretary 
     of Homeland Security shall use the information collected 
     under subsection (a)--
       (1) to establish the process for developing security 
     guidelines for public transportation security; and
       (2) to design a security improvement strategy that--
       (A) minimizes terrorist threats to public transportation 
     systems; and
       (B) maximizes the efforts of public transportation systems 
     to mitigate damage from terrorist attacks.
       (c) Bus and Rural Public Transportation Systems.--Not later 
     than July 31, 2006, the Secretary of Homeland Security shall 
     conduct security assessments, appropriate to the size and 
     nature of each system, to determine the specific needs of--

[[Page S3838]]

       (1) local bus-only public transportation systems; and
       (2) selected public transportation systems that receive 
     funds under section 5311 of title 49, United States Code.

     SEC. --104. SECURITY ASSISTANCE GRANTS.

       (a) Capital Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable capital security improvements based on the 
     priorities established under section --103(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) tunnel protection systems;
       (B) perimeter protection systems;
       (C) redundant critical operations control systems;
       (D) chemical, biological, radiological, or explosive 
     detection systems;
       (E) surveillance equipment;
       (F) communications equipment;
       (G) emergency response equipment;
       (H) fire suppression and decontamination equipment;
       (I) global positioning or automated vehicle locator type 
     system equipment;
       (J) evacuation improvements; and
       (K) other capital security improvements.
       (b) Operational Security Assistance Program.--
       (1) In general.--The Secretary of Homeland Security shall 
     award grants directly to public transportation agencies for 
     allowable operational security improvements based on the 
     priorities established under section --103(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) security training for public transportation employees, 
     including bus and rail operators, mechanics, customer 
     service, maintenance employees, transit police, and security 
     personnel;
       (B) live or simulated drills;
       (C) public awareness campaigns for enhanced public 
     transportation security;
       (D) canine patrols for chemical, biological, or explosives 
     detection;
       (E) overtime reimbursement for enhanced security personnel 
     during significant national and international public events, 
     consistent with the priorities established under section --
     103(a)(4); and
       (F) other appropriate security improvements identified 
     under section --103(a)(4), excluding routine, ongoing 
     personnel costs.
       (c) Congressional Notification.--Not later than 3 days 
     before the award of any grant under this section, the 
     Secretary of Homeland Security shall notify the Committee on 
     Banking, Housing, and Urban Affairs of the Senate of the 
     intent to award such grant.
       (d) Public Transportation Agency Responsibilities.--Each 
     public transportation agency that receives a grant under this 
     section shall--
       (1) identify a security coordinator to coordinate security 
     improvements;
       (2) develop a comprehensive plan that demonstrates the 
     agency's capacity for operating and maintaining the equipment 
     purchased under this section; and
       (3) report annually to the Department of Homeland Security 
     on the use of grant funds received under this section.
       (e) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified for that grant under 
     this section, the grantee shall return any amount so used to 
     the Treasury of the United States.

     SEC. --105. INTELLIGENCE SHARING.

       (a) Intelligence Sharing.--The Secretary of Homeland 
     Security shall ensure that the Department of Transportation 
     receives appropriate and timely notification of all credible 
     terrorist threats against public transportation assets in the 
     United States.
       (b) Information Sharing Analysis Center.--
       (1) Establishment.--The Secretary of Homeland Security 
     shall provide sufficient financial assistance for the 
     reasonable costs of the Information Sharing and Analysis 
     Center for Public Transportation (referred to in this 
     subsection as the ``ISAC'') established pursuant to 
     Presidential Directive 63, to protect critical 
     infrastructure.
       (2) Public transportation agency participation.--The 
     Secretary of Homeland Security--
       (A) shall require those public transportation agencies that 
     the Secretary determines to be at significant risk of 
     terrorist attack to participate in the ISAC;
       (B) shall encourage all other public transportation 
     agencies to participate in the ISAC; and
       (C) shall not charge a fee to any public transportation 
     agency for participating in the ISAC.

     SEC. --106. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.

       (a) Grants Authorized.--The Secretary of Homeland Security, 
     in consultation with the Federal Transit Administration, 
     shall award grants to public or private entities to conduct 
     research into, and demonstrate, technologies and methods to 
     reduce and deter terrorist threats or mitigate damages 
     resulting from terrorist attacks against public 
     transportation systems.
       (b) Use of Funds.--Grants awarded under subsection (a) may 
     be used to
       (1) research chemical, biological, radiological, or 
     explosive detection systems that do not significantly impede 
     passenger access;
       (2) research imaging technologies;
       (3) conduct product evaluations and testing; and
       (4) research other technologies or methods for reducing or 
     deterring terrorist attacks against public transportation 
     systems, or mitigating damage from such attacks.
       (c) Reporting Requirement.--Each entity that receives a 
     grant under this section shall report annually to the 
     Department of Homeland Security on the use of grant funds 
     received under this section.
       (d) Return of Misspent Grant Funds.--If the Secretary of 
     Homeland Security determines that a grantee used any portion 
     of the grant funds received under this section for a purpose 
     other than the allowable uses specified under subsection (b), 
     the grantee shall return any amount so used to the Treasury 
     of the United States.

     SEC. --107. REPORTING REQUIREMENTS.

       (a) Semi-Annual Report to Congress.--
       (1) In general.--Not later than March 31 and September 30 
     of each year, the Secretary of Homeland Security shall submit 
     a report, containing the information described in paragraph 
     (2), to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Appropriations of the Senate.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the implementation of the provisions 
     of sections -- 103 through 106;
       (B) the amount of funds appropriated to carry out the 
     provisions of each of sections -- 103 through 106 that have 
     not been expended or obligated; and
       (C) the state of public transportation security in the 
     United States.
       (b) Annual Report to Governors.--
       (1) In general.--Not later than March 31 of each year, the 
     Secretary of Homeland Security shall submit a report to the 
     Governor of each State with a public transportation agency 
     that has received a grant under this title.
       (2) Contents.--The report submitted under paragraph (1) 
     shall specify--
       (A) the amount of grant funds distributed to each such 
     public transportation agency; and
       (B) the use of such grant funds.

     SEC. --108. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Security Assistance Program.--There are 
     authorized to be appropriated $2,370,000,000 for fiscal year 
     2007 to carry out the provisions of section --104(a), which 
     shall remain available until expended.
       (b) Operational Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section --104(b)--
       (1) $534,000,000 for fiscal year 2007;
       (2) $333,000,000 for fiscal year 2008; and
       (3) $133,000,000 for fiscal year 2009.
       (c) Intelligence.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     section --105.
       (d) Research.--There are authorized to be appropriated 
     $130,000,000 for fiscal year 2007 to carry out the provisions 
     of section --106, which shall remain available until 
     expended.

     SEC. --109. SUNSET PROVISION.

       The authority to make grants under this title shall expire 
     on October 1, 2009.

                  TITLE      --IMPROVED RAIL SECURITY

     SEC. --201. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Rail 
     Security Act of 2006''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:
Sec. --201. Short title; table of contents.
Sec. --202. Rail transportation security risk assessment.
Sec. --203. Systemwide AMTRAK security upgrades.
Sec. --204. Fire and life-safety improvements.
Sec. --205. Freight and passenger rail security upgrades.
Sec. --206. Rail security research and development.
Sec. --207. Oversight and grant procedures.
Sec. --208. AMTRAK plan to assist families of passengers involved in 
              rail passenger accidents.
Sec. --209. Northern border rail passenger report.
Sec. --210. Rail worker security training program.
Sec. --211. Whistleblower protection program.
Sec. --212. High hazard material security threat mitigation plans.
Sec. --213. Memorandum of agreement.
Sec. --214. Rail security enhancements.
Sec. --215. Public awareness.
Sec. --216. Railroad high hazard material tracking.
Sec. --217. Authorization of appropriations.

     SEC. --202. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability and risk assessment.--The Secretary of 
     Homeland Security shall establish a task force, including the 
     Transportation Security Administration, the Department of 
     Transportation, and other appropriate agencies, to complete a 
     vulnerability and risk assessment of freight and

[[Page S3839]]

     passenger rail transportation (encompassing railroads, as 
     that term is defined in section 20102(1) of title 49, United 
     States Code). The assessment shall include--
       (A) a methodology for conducting the risk assessment, 
     including timelines, that addresses how the Department of 
     Homeland Security will work with the entities describe in 
     subsection (b) and make use of existing Federal expertise 
     within the Department of Homeland Security, the Department of 
     Transportation, and other appropriate agencies;
       (B) identification and evaluation of critical assets and 
     infrastructures;
       (C) identification of vulnerabilities and risks to those 
     assets and infrastructures;
       (D) identification of vulnerabilities and risks that are 
     specific to the transportation of hazardous materials via 
     railroad;
       (E) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment; and
       (F) an account of actions taken or planned by both public 
     and private entities to address identified rail security 
     issues and assess the effective integration of such actions.
       (2) Recommendations.--Based on the assessment conducted 
     under paragraph (1), the Secretary, in consultation with the 
     Secretary of Transportation, shall develop prioritized 
     recommendations for improving rail security, including any 
     recommendations the Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching and car storage areas, other rail 
     infrastructure and facilities, information systems, and other 
     areas identified by the Secretary as posing significant rail-
     related risks to public safety and the movement of interstate 
     commerce, taking into account the impact that any proposed 
     security measure might have on the provision of rail service;
       (B) deploying equipment to detect explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) training appropriate railroad or railroad shipper 
     employees in terrorism prevention, passenger evacuation, and 
     response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term costs of 
     measures that may be required to address those risks.
       (3) Plans.--The report required by subsection (c) shall 
     include--
       (A) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the Federal government to provide increased 
     security support at high or severe threat levels of alert;
       (B) a plan for coordinating existing and planned rail 
     security initiatives undertaken by the public and private 
     sectors; and
       (C) a contingency plan, developed in conjunction with 
     freight and intercity and commuter passenger railroads, to 
     ensure the continued movement of freight and passengers in 
     the event of an attack affecting the railroad system, which 
     shall contemplate--
       (i) the possibility of rerouting traffic due to the loss of 
     critical infrastructure, such as a bridge, tunnel, yard, or 
     station; and
       (ii) methods of continuing railroad service in the 
     Northeast Corridor in the event of a commercial power loss, 
     or catastrophe affecting a critical bridge, tunnel, yard, or 
     station.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment and developing the recommendations and 
     plans required by subsection (a), the Secretary of Homeland 
     Security shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials, and other relevant parties.
       (c) Report.--
       (1) Contents.--Within 180 days after the date of enactment 
     of this Act, the Secretary shall transmit to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report containing the assessment, 
     prioritized recommendations, and plans required by subsection 
     (a) and an estimate of the cost to implement such 
     recommendations.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (d) Annual Updates.--The Secretary, in consultation with 
     the Secretary of Transportation, shall update the assessment 
     and recommendations each year and transmit a report, which 
     may be submitted in both classified and redacted formats, to 
     the Committees named in subsection (c)(1), containing the 
     updated assessment and recommendations.
       (e) Funding.--Out of funds appropriated pursuant to section 
     114(u) of title 49, United States Code, there shall be made 
     available to the Secretary of Homeland Security to carry out 
     this section $5,000,000 for fiscal year 2007.

     SEC. --203. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--Subject to subsection (c) the Secretary of 
     Homeland Security, in consultation with the Assistant 
     Secretary of Homeland Security (Transportation Security 
     Administration), is authorized to make grants to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, DC;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units;
       (7) to expand emergency preparedness efforts; and
       (8) for employee security training.
       (b) Conditions.--The Secretary of Transportation shall 
     disburse funds to Amtrak provided under subsection (a) for 
     projects contained in a systemwide security plan approved by 
     the Secretary of Homeland Security. The plan shall include 
     appropriate measures to address security awareness, emergency 
     response, and passenger evacuation training.
       (c) Equitable Geographic Allocation.--The Secretary shall 
     ensure that, subject to meeting the highest security needs on 
     Amtrak's entire system and consistent with the risk 
     assessment required under section --202, stations and 
     facilities located outside of the Northeast Corridor receive 
     an equitable share of the security funds authorized by this 
     section.
       (d) Availability of Funds.--Out of funds appropriated 
     pursuant to section 114(u) of title 49, United States Code, 
     there shall be made available to the Secretary of Homeland 
     Security and the Assistant Secretary of Homeland Security 
     (Transportation Security Administration) to carry out this 
     section--
       (1) $63,500,000 for fiscal year 2007;
       (2) $30,000,000 for fiscal year 2008; and
       (3) $30,000,000 for fiscal year 2009.
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. --204. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security, is 
     authorized to make grants to Amtrak for the purpose of making 
     fire and life-safety improvements to Amtrak tunnels on the 
     Northeast Corridor in New York, NY, Baltimore, MD, and 
     Washington, DC.
       (b) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section --217(b) of this title, 
     there shall be made available to the Secretary of 
     Transportation for the purposes of carrying out subsection 
     (a) the following amounts:
       (1) For the 6 New York tunnels to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $190,000,000 for fiscal year 2007;
       (B) $190,000,000 for fiscal year 2008; and
       (C) $190,000,000 for fiscal year 2009.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $19,000,000 for fiscal year 2007;
       (B) $19,000,000 for fiscal year 2008; and
       (C) $19,000,000 for fiscal year 2009.
       (3) For the Washington, DC, Union Station tunnels to 
     improve ventilation, communication, lighting, and passenger 
     egress upgrades--
       (A) $13,333,000 for fiscal year 2007;
       (B) $13,333,000 for fiscal year 2008; and
       (C) $13,333,000 for fiscal year 2009.
       (c) Infrastructure Upgrades.--Out of funds appropriated 
     pursuant to section --217(b) of this title, there shall be 
     made available to the Secretary of Transportation for fiscal 
     year 2007 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts made 
     available pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing appropriate project budget, 
     construction schedule, recipient staff organization, document 
     control and record keeping, change order procedure, quality 
     control and assurance, periodic plan updates, and periodic 
     status reports.
       (f) Review of Plans.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak. If the Secretary determines that a plan 
     is incomplete or deficient, the Secretary shall notify Amtrak 
     of the incomplete items or deficiencies and Amtrak shall, 
     within 30 days after receiving the Secretary's notification, 
     submit a modified plan for the Secretary's review. Within 15 
     days after receiving additional information on items 
     previously included in the plan, and within 45

[[Page S3840]]

     days after receiving items newly included in a modified plan, 
     the Secretary shall either approve the modified plan, or, if 
     the Secretary finds the plan is still incomplete or 
     deficient, the Secretary shall identify in writing to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security the portions of the plan the Secretary 
     finds incomplete or deficient, approve all other portions of 
     the plan, obligate the funds associated with those other 
     portions, and execute an agreement with Amtrak within 15 days 
     thereafter on a process for resolving the remaining portions 
     of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all portions of the tunnel projects described 
     in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use or plan to use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use or planned use of the tunnels, if feasible.

     SEC. --205. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Secretary of Homeland 
     Security, through the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) and other 
     appropriate agencies, is authorized to make grants to freight 
     railroads, the Alaska Railroad, hazardous materials shippers, 
     owners of rail cars used in the transportation of hazardous 
     materials, universities, colleges and research centers, State 
     and local governments (for rail passenger facilities and 
     infrastructure not owned by Amtrak), and, through the 
     Secretary of Transportation, to Amtrak, for full or partial 
     reimbursement of costs incurred in the conduct of activities 
     to prevent or respond to acts of terrorism, sabotage, or 
     other intercity passenger rail and freight rail security 
     vulnerabilities and risks identified under section --202, 
     including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of rail cargo or passenger screening 
     equipment at the United States-Mexico border, the United 
     States-Canada border, or other ports of entry;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     by section --202, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Accountability.--The Secretary shall adopt necessary 
     procedures, including audits, to ensure that grants made 
     under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Secretary.
       (c) Allocation.--The Secretary shall distribute the funds 
     authorized by this section based on risk and vulnerability as 
     determined under section --202, and shall encourage non-
     Federal financial participation in awarding grants. With 
     respect to grants for intercity passenger rail security, the 
     Secretary shall also take into account passenger volume and 
     whether a station is used by commuter rail passengers as well 
     as intercity rail passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section --203(b) of this 
     title.
       (e) Allocation Between Railroads and Others.--Unless as a 
     result of the assessment required by section --202 the 
     Secretary of Homeland Security determines that critical rail 
     transportation security needs require reimbursement in 
     greater amounts to any eligible entity, no grants under this 
     section may be made--
       (1) in excess of $45,000,000 to Amtrak; or
       (2) in excess of $80,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 114(u) of title 49, United 
     States Code, there shall be made available to the Secretary 
     of Homeland Security to carry out this section--
       (1) $100,000,000 for fiscal year 2007;
       (2) $100,000,000 for fiscal year 2008; and
       (3) $100,000,000 for fiscal year 2009.
     Amounts made available pursuant to this subsection shall 
     remain available until expended.
       (g) High Hazard Materials Defined.--In this section, the 
     term ``high hazard materials'' means quantities of poison 
     inhalation hazard materials, Class 2.3 gases, Class 6.1 
     materials, and anhydrous ammonia that the Secretary, in 
     consultation with the Secretary of Transportation, determines 
     pose a security risk.

     SEC. --206. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary of Homeland Security, through the Under Secretary 
     for Science and Technology and the Assistant Secretary of 
     Homeland Security (Transportation Security Administration), 
     in consultation with the Secretary of Transportation shall 
     carry out a research and development program for the purpose 
     of improving freight and intercity passenger rail security 
     that may include research and development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment;
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car or other 
     rail car used to transport hazardous materials and transmit 
     information about the integrity of cars to the train crew or 
     dispatcher;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section --205(g) of this title; and
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety; and
       (6) other projects that address vulnerabilities and risks 
     identified under section --202.
       (b) Coordination With Other Research Initiatives.--The 
     Secretary of Homeland Security shall ensure that the research 
     and development program authorized by this section is 
     coordinated with other research and development initiatives 
     at the Department of Homeland Security and the Department of 
     Transportation. The Secretary shall carry out any research 
     and development project authorized by this section through a 
     reimbursable agreement with the Secretary of Transportation, 
     if the Secretary of Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Grants and Accountability.--To carry out the research 
     and development program, the Secretary may award grants to 
     the entities described in section --205(a) and shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Secretary.
       (d) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 114(u) of title 49, United 
     States Code, there shall be made available to the Secretary 
     of Homeland Security to carry out this section--
       (1) $35,000,000 for fiscal year 2007;
       (2) $35,000,000 for fiscal year 2008; and
       (3) $35,000,000 for fiscal year 2009.
     Amounts made available pursuant to this subsection shall 
     remain available until expended.

     SEC. --207. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Homeland 
     Security may use up to 0.5 percent of amounts made available 
     for capital projects under the Rail Security Act of 2006 to 
     enter into contracts for the review of proposed capital 
     projects and related program management plans and to oversee 
     construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) of this subsection to make contracts to 
     audit and review the safety, procurement, management, and 
     financial compliance of a recipient of amounts under this 
     title.
       (c) Procedures for Grant Award.--The Secretary shall, 
     within 90 days after the date of enactment of this Act, 
     prescribe procedures and schedules for the awarding of grants 
     under this title, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Secretary 
     and shall be consistent, to the extent practicable, with the 
     grant procedures established under section 70107 of title 46, 
     United States Code.

     SEC. --208. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

[[Page S3841]]

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2006, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board, the Secretary of Transportation, 
     and the Secretary of Homeland Security a plan for addressing 
     the needs of the families of passengers involved in any rail 
     passenger accident involving an Amtrak intercity train and 
     resulting in a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with respect to unreserved trains and passengers 
     not holding reservations on other trains, for Amtrak to use 
     reasonable efforts to ascertain the number and names of 
     passengers aboard a train involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--The National Transportation 
     Safety Board, the Secretary of Transportation, and Amtrak may 
     not release any personal information on a list obtained under 
     subsection (b)(1) but may provide information on the list 
     about a passenger to the family of the passenger to the 
     extent that the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak in preparing or 
     providing a passenger list, or in providing information 
     concerning a train reservation, pursuant to a plan submitted 
     by Amtrak under subsection (b), unless such liability was 
     caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Funding.--Out of funds appropriated pursuant to 
     section --217(b) of the Rail Security Act of 2006, there 
     shall be made available to the Secretary of Transportation 
     for the use of Amtrak $500,000 for fiscal year 2007 to carry 
     out this section. Amounts made available pursuant to this 
     subsection shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:
``24316.  Plan to assist families of passengers involved in rail 
              passenger accidents.''.

     SEC. --209. NORTHERN BORDER RAIL PASSENGER REPORT.

       Within 180 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, in consultation with the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration), the Secretary of Transportation, 
     heads of other appropriate Federal departments, and agencies 
     and the National Railroad Passenger Corporation, shall 
     transmit a report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Transportation and Infrastructure, and the House 
     of Representatives Committee on Homeland Security that 
     contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     traveling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers;
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security; and
       (8) an analysis of the feasibility of reinstating in-
     transit inspections onboard international Amtrak trains.

     SEC. --210. RAIL WORKER SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Homeland Security and 
     the Secretary of Transportation, in consultation with 
     appropriate law enforcement, security, and terrorism experts, 
     representatives of railroad carriers, and nonprofit employee 
     organizations that represent rail workers, shall develop and 
     issue detailed guidance for a rail worker security training 
     program to prepare front-line workers for potential threat 
     conditions. The guidance shall take into consideration any 
     current security training requirements or best practices.
       (b) Program Elements.--The guidance developed under 
     subsection (a) shall include elements, as appropriate to 
     passenger and freight rail service, that address the 
     following:
       (1) Determination of the seriousness of any occurrence.
       (2) Crew communication and coordination.
       (3) Appropriate responses to defend or protect oneself.
       (4) Use of protective devices.
       (5) Evacuation procedures.
       (6) Psychology of terrorists to cope with hijacker behavior 
     and passenger responses.
       (7) Situational training exercises regarding various threat 
     conditions.
       (8) Any other subject the Secretary considers appropriate.
       (c) Railroad Carrier Programs.--Not later than 90 days 
     after the Secretary of Homeland Security issues guidance 
     under subsection (a) in final form, each railroad carrier 
     shall develop a rail worker security training program in 
     accordance with that guidance and submit it to the Secretary 
     for review. Not later than 30 days after receiving a railroad 
     carrier's program under this subsection, the Secretary shall 
     review the program and transmit comments to the railroad 
     carrier concerning any revisions the Secretary considers 
     necessary for the program to meet the guidance requirements. 
     A railroad carrier shall respond to the Secretary's comments 
     within 30 days after receiving them.
       (d) Training.--Not later than 1 year after the Secretary 
     reviews the training program developed by a railroad carrier 
     under this section, the railroad carrier shall complete the 
     training of all front-line workers in accordance with that 
     program. The Secretary shall review implementation of the 
     training program of a representative sample of railroad 
     carriers and report to the Senate Committee on Commerce, 
     Science, and Transportation, the House of Representatives 
     Committee on Transportation and Infrastructure, and the House 
     of Representatives Committee on Homeland Security on the 
     number of reviews conducted and the results. The Secretary 
     may submit the report in both classified and redacted formats 
     as necessary.
       (e) Updates.--The Secretary shall update the training 
     guidance issued under subsection (a) as appropriate to 
     reflect new or different security threats. Railroad carriers 
     shall revise their programs accordingly and provide 
     additional training to their front-line workers within a 
     reasonable time after the guidance is updated.
       (f) Front-Line Workers Defined.--In this section, the term 
     ``front-line workers'' means security personnel, dispatchers, 
     train operators, other onboard employees, maintenance and 
     maintenance support personnel, bridge tenders, as well as 
     other appropriate employees of railroad carriers, as defined 
     by the Secretary.
       (g) Other Employees.--The Secretary of Homeland Security 
     shall issue guidance and best practices for a rail shipper 
     employee security program containing the elements listed 
     under subsection (b) as appropriate.

     SEC. --211. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20117 the following:

[[Page S3842]]

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

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

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

     SEC. --212. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
                   PLANS.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) and the 
     Secretary of Transportation, shall require rail carriers 
     transporting a high hazard material, as defined in section --
     205(g) of this title and of a quantity equal or exceeding the 
     quantities of such material listed in subpart 172.800, title 
     49, Federal Code of Regulations, to develop a high hazard 
     material security threat mitigation plan containing 
     appropriate measures, including alternative routing and 
     temporary shipment suspension options, to address assessed 
     risks to high consequence targets. The plan, and any 
     information submitted to the Secretary under this section 
     shall be protected as sensitive security information under 
     the regulations prescribed under section 114(s) of title 49, 
     United States Code.
       (b) Implementation.--A high hazard material security threat 
     mitigation plan shall be put into effect by a rail carrier 
     for the shipment of high hazardous materials by rail on the 
     rail carrier's right-of-way when the threat levels of the 
     Homeland Security Advisory System are high or severe and 
     specific intelligence of probable or imminent threat exists 
     towards--
       (1) a high-consequence target that is within the 
     catastrophic impact zone of a railroad right-of-way used to 
     transport high hazardous material; or
       (2) rail infrastructure or operations within the immediate 
     vicinity of a high-consequence target.
       (c) Completion and Review of Plans.--
       (1) Plans required.--Each rail carrier shall--
       (A) submit a list of routes used to transport high hazard 
     materials to the Secretary of Homeland Security within 60 
     days after the date of enactment of this Act;
       (B) develop and submit a high hazard material security 
     threat mitigation plan to the Secretary within 180 days after 
     it receives the notice of high consequence targets on such 
     routes by the Secretary; and
       (C) submit any subsequent revisions to the plan to the 
     Secretary within 30 days after making the revisions.
       (2) Review and updates.--The Secretary, with assistance of 
     the Secretary of Transportation, shall review the plans and 
     transmit comments to the railroad carrier concerning any 
     revisions the Secretary considers necessary. A railroad 
     carrier shall respond to the Secretary's comments within 30 
     days after receiving them. Each rail carrier shall update and 
     resubmit its plan for review not less than every 2 years.
       (d) Definitions.--In this section:
       (1) The term ``high-consequence target'' means a building, 
     buildings, infrastructure, public space, or natural resource 
     designated by the Secretary of Homeland Security that is 
     viable terrorist target of national significance, the attack 
     of which could result in--
       (A) catastrophic loss of life; and
       (B) significantly damaged national security and defense 
     capabilities; or
       (C) national economic harm.
       (2) The term ``catastrophic impact zone'' means the area 
     immediately adjacent to, under, or above an active railroad 
     right-of-way used to ship high hazard materials in which the 
     potential release or explosion of the high hazard material 
     being transported would likely cause--
       (A) loss of life; or
       (B) significant damage to property or structures.
       (3) The term ``rail carrier'' has the meaning given that 
     term by section 10102(5) of title 49, United States Code.

     SEC. --213. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Similar to the public 
     transportation security annex between the two departments 
     signed on September 8, 2005, within 1 year after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Secretary of Homeland Security shall execute and develop 
     an annex to the memorandum of agreement between the two 
     departments signed on September 28, 2004, governing the 
     specific roles, delineations of responsibilities, resources 
     and commitments of the Department of Transportation and the 
     Department of Homeland Security, respectively, in addressing 
     railroad transportation security matters, including the 
     processes the departments will follow to promote 
     communications, efficiency, and nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``safety'' the 
     first place it appears, and inserting ``safety, including 
     security,''.

     SEC. --214. RAIL SECURITY ENHANCEMENTS.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Under''; 
     and
       (2) by striking ``the rail carrier'' each place it appears 
     and inserting ``any rail carrier''.
       (b) Review of Rail Regulations.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in consultation with the Secretary of 
     Homeland Security and the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), shall 
     review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

     SEC. --215. PUBLIC AWARENESS.

       Not later than 90 days after the date of enactment of this 
     Act, the Secretary of Homeland Security, in consultation with 
     the Secretary of Transportation, shall develop a national 
     plan for public outreach and awareness. Such plan shall be 
     designed to increase awareness of measures that the general 
     public, railroad passengers, and railroad employees can take 
     to increase railroad system security. Such plan shall also 
     provide outreach to railroad carriers and their employees to 
     improve their awareness of available technologies, ongoing 
     research and development efforts, and available Federal 
     funding sources to improve railroad security. Not later than 
     9 months after the date of enactment of this Act, the 
     Secretary of Homeland Security shall implement the plan 
     developed under this section.

     SEC. --216. RAILROAD HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications.--
       (1) In general.--In conjunction with the research and 
     development program established under section --206 and 
     consistent with the results of research relating to wireless 
     tracking technologies, the Secretary of Homeland Security, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), shall 
     develop a program that will encourage the equipping of rail 
     cars transporting high hazard materials (as defined in 
     section --205(g) of this title) in quantities equal to or 
     greater than the quantities specified in subpart 171.800 of 
     title 49, Code of Federal Regulations, with wireless 
     terrestrial or satellite communications technology that 
     provides--
       (A) car position location and tracking capabilities;
       (B) notification of rail car depressurization, breach, or 
     unsafe temperature; and
       (C) notification of hazardous material release.
       (2) Coordination.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for rail car tracking at the Department of Transportation; 
     and
       (B) ensure that the program is consistent with 
     recommendations and findings of the Department of Homeland 
     Security's hazardous material tank rail car tracking pilot 
     programs.
       (b) Funding.--Out of funds appropriated pursuant to section 
     114(u) of title 49, United

[[Page S3843]]

     States Code, there shall be made available to the Secretary 
     of Homeland Security to carry out this section $3,000,000 for 
     each of fiscal years 2007, 2008, and 2009.

     SEC. --217. AUTHORIZATION OF APPROPRIATIONS.

       (a) Transportation Security Administration Authorization.--
     Section 114 of title 49, United States Code, is amended by 
     adding at the end thereof the following:
       ``(u) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security, (Transportation Security Administration) for 
     rail security--
       ``(1) $206,500,000 for fiscal year 2007;
       ``(2) $168,000,000 for fiscal year 2008; and
       ``(3) $168,000,000 for fiscal year 2009.''.
       (b) Department of Transportation.--There are authorized to 
     be appropriated to the Secretary of Transportation to carry 
     out this title and sections 20118 and 24316 of title 49, 
     United States Code, as added by this title--
       (1) $225,000,000 for fiscal year 2007;
       (2) $223,000,000 for fiscal year 2008; and
       (3) $223,000,000 for fiscal year 2009.

                TITLE      --IMPROVED MARITIME SECURITY

     SEC. --301. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Maritime 
     and Transportation Security Act of 2006.''
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

                Title      --Improved Maritime Security

Sec. --301. Short title; table of contents.
Sec. --302. Establishment of additional interagency operational centers 
              for port security.
Sec. --303. Area maritime transportation security plan to include 
              salvage response plan.
Sec. --304. Assistance for foreign ports.
Sec. --305. Specific port security initiatives.
Sec. --306. Technical requirements for non-intrusive inspection 
              equipment.
Sec. --307. Random inspection of containers.
Sec. --308. Port security user fee study.
Sec. --309. Port security grants.
Sec. --310. Work stoppages and employee-employer disputes.
Sec. --311. Inspection of car ferries entering from Canada.

     SEC. --302. ESTABLISHMENT OF ADDITIONAL INTERAGENCY 
                   OPERATIONAL CENTERS FOR PORT SECURITY.

       (a) In General.--In order to improve interagency 
     cooperation, unity of command, and the sharing of 
     intelligence information in a common mission to provide 
     greater protection for port and intermodal transportation 
     systems against acts of terrorism, the Secretary of Homeland 
     Security, acting through the Commandant of the Coast Guard, 
     shall establish interagency operational centers for port 
     security at all high priority ports.
       (b) Characteristics.--The interagency operational centers 
     shall--
       (1) be based on the most appropriate compositional and 
     operational characteristics of the pilot project interagency 
     operational centers for port security in Miami, Florida, 
     Norfolk/Hampton Roads, Virginia, Charleston, South Carolina, 
     and San Diego, California, and the virtual operation center 
     at the port of New York/New Jersey;
       (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--
       (A) representatives of the United States Customs and Border 
     Protection, Immigration and Customs Enforcement, the 
     Transportation Security Administration, the Department of 
     Defense, and other Federal agencies, as determined to be 
     appropriate by the Secretary of Homeland Security;
       (B) representatives of State and local law enforcement or 
     port security agencies and personnel; and
       (C) members of the area maritime security committee, as 
     deemed appropriate by the captain of the port;
       (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 70119 of 
     that title;
       (E) the United States Customs and Border Protection's 
     screening and high-risk cargo inspection programs; and
       (F) the transportation security incident response plans 
     required by section 70104 of that title.
       (c) 2005 Act Report Requirement.--Nothing in this section 
     relieves the Commandant of the Coast Guard from compliance 
     with the requirements of section 807 of the Coast Guard and 
     Maritime Transportation Act of 2004. The Commandant shall 
     utilize the information developed in making the report 
     required by that section in carrying out the requirements of 
     this section.
       (d) Budget and Cost-Sharing Analysis.--Within 180 days 
     after the date of enactment of this Act, the Secretary shall 
     transmit to the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security a proposed 
     budget analysis for implementing subsection (a), including 
     cost-sharing arrangements with other Federal departments and 
     agencies involved in the interagency operation of the 
     centers.
       (e) Security Clearance Assistance.--The Secretary of the 
     department in which the Coast Guard is operating may assist 
     non-Federal personnel described in subsection (b)(3)(B) or 
     (C) in obtaining expedited appropriate security clearances 
     and in and maintaining their security clearances.
       (f) Security Incidents.--During a transportation security 
     incident (as defined in section 70101(6) of title 46, United 
     States Code) involving a port, the Coast Guard Captain of the 
     Port designated by the Commandant of the Coast Guard in each 
     joint operations center for maritime security shall act as 
     the incident commander, unless otherwise directed under the 
     National Maritime Transportation Security Plan established 
     under section 70103 of title 46, United States Code.

     SEC. --303. AREA MARITIME TRANSPORTATION SECURITY PLAN TO 
                   INCLUDE SALVAGE RESPONSE PLAN.

       Section 70103(b)(2) of title 46, United States Code, is 
     amended--
       (1) by redesignating subparagraphs (E) and (F) as 
     subparagraphs (F) and (G), respectively; and
       (2) by inserting after subparagraph (D) the following:
       ``(E) 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. --304. ASSISTANCE FOR FOREIGN PORTS.

       (a) In General.--Section 70109 of title 46, United States 
     Code, is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``Sec. 70109. International cooperation and coordination''; 
       and

       (2) by adding at the end the following:
       ``(c) Foreign Assistance Programs.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, the Secretary of State, the 
     Secretary of Energy, and the Commandant of the United States 
     Coast Guard, shall identify foreign assistance programs that 
     could facilitate implementation of port security 
     antiterrorism measures in foreign countries. The Secretary 
     shall establish a program to utilize those programs that are 
     capable of implementing port security antiterrorism measures 
     at ports in foreign countries that the Secretary finds, under 
     section 70108, to lack effective antiterrorism measures.
       ``(2) Caribbean basin.--The Secretary, in coordination with 
     the Secretary of State and in consultation with the 
     Organization of American States and the Commandant of the 
     United States Coast Guard, shall place particular emphasis on 
     utilizing programs to facilitate the implementation of port 
     security antiterrorism measures at the ports located in the 
     Caribbean Basin, as such ports pose unique security and 
     safety threats to the United States due to--
       ``(A) the strategic location of such ports between South 
     America and United States;
       ``(B) the relative openness of such ports; and
       ``(C) the significant number of shipments of narcotics to 
     the United States that are moved through such ports.
       ``(d) International Cargo Security Standards.--The 
     Secretary, in consultation with the Secretary of State, shall 
     enter into negotiations with foreign governments and 
     international organizations, including the International 
     Maritime Organization, the World Customs Organization, and 
     the International Standards Organization, as appropriate--
       ``(1) to promote standards for the security of containers 
     and other cargo moving within the international supply chain;
       ``(2) to encourage compliance with minimum technical 
     requirements for the capabilities of nonintrusive inspection 
     equipment, including imaging and radiation detection devices, 
     established under section ------ of the Maritime and 
     Transportation Security Act of 2006 Act;
       ``(3) to implement the requirements of the container 
     security initiative under section 70117; and
       ``(4) to implement standards and procedures established 
     under section 70119.''.
       (b) Report on Security at Ports in the Caribbean Basin.--
     Not later than 180 days after the date of enactment of this 
     Act, the Comptroller General shall submit to the Senate 
     Committee on Commerce, Science, and Transportation, the House 
     of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report on the security of ports in the 
     Caribbean Basin. The report--
       (1) shall include--
       (A) an assessment of the effectiveness of the measures 
     employed to improve security at ports in the Caribbean Basin 
     and recommendations for any additional measures to improve 
     such security;
       (B) an estimate of the number of ports in the Caribbean 
     Basin that will not be secured by January 1, 2007, and an 
     estimate of the financial impact in the United States of any 
     action taken pursuant to section 70110 of title 46, United 
     States Code, that affects trade between such ports and the 
     United States; and

[[Page S3844]]

       (C) an assessment of the additional resources and program 
     changes that are necessary to maximize security at ports in 
     the Caribbean Basin; and
       (2) may be submitted in both classified and redacted 
     formats.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     701 of title 46, United States Code, is amended by striking 
     the item relating to section 70901 and inserting the 
     following:

``70901. International cooperation and coordination''.

     SEC. --305. SPECIFIC PORT SECURITY INITIATIVES.

       (a) In General.--Chapter 701 of title 46, United States 
     Code, is amended--
       (1) by redesignating the second section 70118 (relating to 
     withholding of clearance), as added by section 802(a)(2) of 
     the Coast Guard and Maritime Transportation Act of 2004, as 
     section 70119;
       (2) by redesignating the first section 70119 (relating to 
     enforcement by State and local officers), as added by section 
     801(a) of the Coast Guard and Maritime Transportation Act of 
     2004, as section 70120;
       (3) by redesignating the second section 70119 (relating to 
     civil penalty), as redesignated by section 802(a)(1) of the 
     Coast Guard and Maritime Transportation Act of 2004, as 
     section 70122;
       (4) by striking section 70116;
       (5) by redesignating sections 70117 through 70122 (as 
     redesignated) as sections 70120 through 70126; and
       (5) by inserting after section 70115 the following:

     ``Sec. 70116. Automated targeting system

       ``(a) In General.--The Secretary shall develop and maintain 
     an antiterrorism cargo identification and screening system 
     for containerized cargo shipped to the United States either 
     directly or via a foreign port to assess imports and target 
     those imports which pose a high risk of containing 
     contraband.
       ``(b) 24-hour Advance Notification.--In order to provide 
     the best possible data for the automated targeting system, 
     the Secretary shall require importers shipping goods to the 
     United States via cargo container to supply advanced trade 
     data not later than 24 hours before loading a container under 
     the advance notification requirements under section 484(a)(2) 
     of the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)). The 
     requirement shall apply to goods entered after July 1, 2007.
       ``(c) Secure Transmission; Confidentiality.--All 
     information required by the Secretary from supply chain 
     partners under this section shall--
       ``(1) be transmitted in a secure fashion, as determined by 
     the Secretary, so as to protect the information from 
     unauthorized access; and
       ``(2) shall not be subject to public disclosure under 
     section 552 of title 5.
       ``(d) Authorization of Appropriations.--
       ``(1) There are authorized to be appropriated to the 
     Secretary of Homeland Security to carry out the automated 
     targeting system program to identify high-risk oceanborne 
     container cargo for inspection--
       ``(A) $30,700,000 for fiscal year 2007;
       ``(B) $33,200,000 for fiscal year 2008; and
       ``(C) $35,700,000 for fiscal year 2009.
       ``(2) The amounts authorized by this subsection shall be in 
     addition to any other amounts authorized to be appropriated 
     to carry out that program.

     ``Sec. 70117. Container security initiative

       ``(a) In General.--The Secretary shall issue regulations 
     to--
       ``(1) evaluate and screen cargo documents prior to loading 
     in a foreign port for shipment to the United States, either 
     directly or via a foreign port; and
       ``(2) inspect high-risk cargo in a foreign port intended 
     for shipment to the United States by physical examination or 
     nonintrusive examination by technological means.
       ``(b) Implementation.--The Commissioner of Customs and 
     Border Protection shall execute inspection and screening 
     protocols with authorities in foreign ports to ensure that 
     the standards and procedures promulgated under subsection (a) 
     are implemented in an effective manner.
       ``(c) Application of Container Security Initiative to Other 
     Ports.--
       ``(1) In general.--The Secretary, through the Commissioner 
     of Customs and Border Protection, may designate foreign 
     seaports under this section if, with respect to any such 
     seaport, the Secretary determines that--
       ``(A) the seaport--
       ``(i) presents a significant level of risk;
       ``(ii) is a significant port or origin or transshipment, in 
     terms of volume or value, for cargo being imported to the 
     United States; and
       ``(iii) is potentially capable of validating a secure 
     system of transportation pursuant to section 70119; and
       ``(B) the Department of State and representatives of the 
     country with jurisdiction over the port have completed 
     negotiations to ensure compliance with the requirements of 
     the container security initiative.
       ``(2) Coordination with international cargo security 
     standards.--In carrying out paragraph (a), the Secretary 
     shall--
       ``(A) consult with the Secretary of State concerning 
     progress under section 70109(d); and
       ``(B) coordinate activities under paragraph (1) with 
     activities conducted under that section.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $142,000,000 for fiscal year 2007;
       ``(2) $144,000,000 for fiscal year 2008; and
       ``(3) $146,000,000 for fiscal year 2009.

     ``Sec. 70118. Customs-Trade Partnership Against Terrorism 
       validation program

       ``(a) In General.--The Secretary shall establish a 
     voluntary program to strengthen and improve the overall 
     security of the international supply chain and United States 
     border security.
       ``(b) Validation; Records Management.--The Secretary shall 
     issue regulations--
       ``(1) to strengthen the validation process to verify that 
     security programs of members of the Customs-Trade Partnership 
     Against Terrorism have been implemented and that the program 
     benefits should continue by providing appropriate guidance to 
     specialists conducting such validations, including 
     establishing what level of review is adequate to determine 
     whether member security practices are reliable, accurate, and 
     effective; and
       ``(2) to implement a records management system that 
     documents key decisions and significant operational events 
     accurately and in a timely manner, including a reliable 
     system for--
       ``(A) documenting and maintaining records of all decisions 
     in the application through validation processes, including 
     documentation of the objectives, scope, methodologies, and 
     limitations of validations; and
       ``(B) tracking member status.
       ``(b) Human Capital Plan.--Within 6 months after the date 
     of enactment of the Transportation Security Improvement Act 
     of 2005, the Secretary shall complete a human capital plan, 
     that clearly describes how the Customs-Trade Partnership 
     Against Terrorism program will recruit, train, and retain 
     sufficient staff to conduct the work of the program 
     successfully, including reviewing security profiles, vetting, 
     and conducting validations to mitigate program risk.
       ``(c) Revalidation.--The Secretary shall establish a 
     process for revalidating C-TPAT participants. Such 
     revalidation shall occur not less frequently than once during 
     every 3-year period following validation.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section not to exceed--
       ``(1) $60,000,000 for fiscal year 2007;
       ``(2) $65,000,000 for fiscal year 2008; and
       ``(3) $72,000,000 for fiscal year 2009.

     ``Sec. 70119. Secure systems of transportation

       ``(a) In General.--The Secretary shall establish a program, 
     to be known as the `GreenLane program', to evaluate and 
     certify secure systems of international intermodal 
     transportation--
       ``(1) to ensure the security and integrity of shipments of 
     goods to the United States from the point at which such goods 
     are initially packed or loaded into a cargo container for 
     international shipment until they reach their ultimate 
     destination; and
       ``(2) to facilitate the movement of such goods through the 
     entire supply chain through an expedited security and 
     clearance program.
       ``(b) Program Elements.--In establishing and conducting the 
     program under subsection (a) the Secretary, acting through 
     the Commissioner of Customs and Border Protection, shall--
       ``(1) establish standards and procedures for verifying, at 
     the point at which goods are placed in a cargo container for 
     shipping, that the container is free of unauthorized 
     hazardous chemical, biological, or nuclear material and for 
     securely sealing such containers after the contents are so 
     verified;
       ``(2) ensure that cargo is loaded at a port designated 
     under section 70117 for shipment to the United States;
       ``(3) develop performance standards to enhance the physical 
     security of shipping containers, including performance 
     standards for container security devices;
       ``(4) establish standards and procedures for securing cargo 
     and monitoring that security while in transit;
       ``(5) ensure that cargo complies with additional security 
     criteria established by the Secretary beyond the minimum 
     requirements for C-TPAT participation under section 70118, 
     particularly in the area of access controls;
       ``(6) establish standards and procedures for allowing the 
     United States Government to ensure and validate compliance 
     with this program; and
       ``(7) incorporate any other measures the Secretary 
     considers necessary to ensure the security and integrity of 
     international intermodal transport movements.
       ``(c) Benefits from Participation.--
       ``(1) Eligibility.--The Commissioner of Customs and Border 
     Protection may by regulation provide for expedited clearance 
     of cargo for an entity that--
       ``(A) meets or exceeds the standards established under 
     subsection (b); and
       ``(B) certifies the security of its supply chain not less 
     often than once every 2 years to the Secretary.
       ``(2) Benefits.--The expedited clearance provided under 
     paragraph (1) to any eligible entity may include--
       ``(A) the expedited release of GreenLane cargo into 
     destination ports within the United States during all threat 
     levels designated by the Secretary or the Commandant of the 
     Coast Guard;
       ``(B) reduced or eliminated bonding requirements for 
     GreenLane cargo;

[[Page S3845]]

       ``(C) priority processing for searches;
       ``(D) further reduced scores in the automated targeting 
     system; and
       ``(E) streamlined billing of any customs duties or fees.
       ``(d) Consequences of Lack of Compliance.--
       ``(1) In general.--Any participant whose security measures 
     and supply chain security practices have been determined by 
     the Secretary to be out of compliance with any requirements 
     of the program shall be denied benefits under the program.
       ``(2) Right of appeal.--Any participant determined by the 
     Secretary under paragraph (1) not to be in compliance with 
     the requirements of the program may appeal that determination 
     to the Secretary.''.
       (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:

``70116. Automated targeting system
``70117. Container security initiative
``70118. Customs-Trade Partnership Against Terrorism validation program
``70119. Secure systems of transportation
``70120. In rem liability for civil penalties and certain costs
``70121. Firearms, arrests, and seizure of property
``70122. Withholding of clearance
``70123. Enforcement by State and local officers
``70124. Container security initiative
``70125. Civil penalty''.
       (2) Section 70117(a) of title 46, United States Code, is 
     amended by striking ``section 70120'' and inserting ``section 
     70125''.
       (3) Section 70119(a) of such title, as redesignated by 
     subsection (a)(1) of this section, is amended--
       (A) by striking ``under section 70119,'' and inserting 
     ``under section 70125,''; and
       (B) by striking ``under section 70120,'' and inserting 
     ``under that section,''.

     SEC. --306. TECHNICAL REQUIREMENTS FOR NON-INTRUSIVE 
                   INSPECTION EQUIPMENT.

       (a) In General.--Within 180 days after the date of 
     enactment of this Act, the Domestic Nuclear Detection Office, 
     in consultation with the National Institute of Science and 
     Technology and the U.S. Customs and Border Protection, shall 
     initiate a rulemaking--
       (1) to establish minimum technical requirements for the 
     capabilities of non-intrusive inspection equipment for cargo, 
     including imaging and radiation devices; and
       (2) to ensure that all equipment used can detect risks and 
     threats as determined appropriate by the Secretary.
       (b) Endorsements; Sovereignty Conflicts.--In establishing 
     such requirements, the Domestic Nuclear Detection Office 
     shall be careful to avoid the endorsement of products 
     associated with specific companies and the creation of 
     sovereignty conflicts with participating countries.
       (c) Radiation Safety.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Homeland 
     Security shall submit a plan to the Senate Committee on 
     Commerce, Science, and Transportation, Senate Committee on 
     Homeland Security and Governmental Affairs, the Senate 
     Committee on Appropriations, the House of Representatives 
     Committee on Homeland Security, and the House of 
     Representatives Committee on Appropriations that--
       (1) details the health and safety impacts of nonintrusive 
     inspection technology; and
       (2) describes the policy of the Bureau of Customs and 
     Border Protection for using nonintrusive inspection 
     equipment.
       (d) Final Rule Deadline.--The Domestic Nuclear Detection 
     Office shall issue a final rule under subsection (a) within 1 
     year after the rulemaking proceeding is initiated.

     SEC. --307. RANDOM INSPECTION OF CONTAINERS.

       Within 1 year after the date of enactment of this Act, the 
     Commissioner of Customs and Border Protection shall develop 
     and implement a plan, utilizing best practices for empirical 
     scientific research design and random sampling standards for 
     random physical inspection of shipping containers in addition 
     to any targeted or pre-shipment inspection of such containers 
     required by law or regulation or conducted under any other 
     program conducted by the Commissioner. Nothing in this 
     section shall be construed to mean that implementation of the 
     random sampling plan would preclude the additional physical 
     inspection of shipping containers not inspected pursuant to 
     the plan.

     SEC. --308. PORT SECURITY USER FEE STUDY.

       The Secretary of Homeland Security shall conduct a study of 
     the need for, and feasibility of, establishing a system of 
     oceanborne and port-related intermodal transportation user 
     fees that could be imposed and collected as a dedicated 
     revenue source, on a temporary or continuing basis, to 
     provide necessary funding for the improvement and maintenance 
     of enhanced port security. Within 1 year after date of 
     enactment of this Act, the Secretary shall submit a report to 
     the Senate Committee on Commerce, Science, and 
     Transportation, the House of Representatives Committee on 
     Transportation and Infrastructure, and the House of 
     Representatives Committee on Homeland Security that--
       (1) contains the Secretary's findings, conclusions, and 
     recommendations (including legislative recommendations if 
     appropriate); and
       (2) includes an assessment of the annual amount of customs 
     fees and duties collected through oceanborne and port-related 
     transportation and the amount and percentage of such fees and 
     duties that are dedicated to improve and maintain security.

     SEC. --309. PORT SECURITY GRANTS.

       (a) Basis for Grants.--Section 70107(a) of title 46, United 
     States Code, is amended by striking ``for making a fair and 
     equitable allocation of funds'' and inserting ``based on risk 
     and vulnerability''.
       (b) Eligible Costs.--Section 70107(b) of title 46, United 
     States Code, is amended by striking paragraph (1) and 
     redesignating paragraphs (2) through (4) as paragraphs (1) 
     through (3), respectively.
       (c) Letters of Intent.--Section 70107(e) of title 46, 
     United States Code, is amended by adding at the end the 
     following:
       ``(5) Letters of intent.--The Secretary may execute letters 
     of intent to commit funding to port sponsors from the 
     Fund.''.
       (d) Operation Safe Commerce.--Section 70107(i) of title 46, 
     United States Code, is amended--
       (1) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Operation Safe Commerce.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the [To be supplied] Act, the Secretary shall 
     initiate grant projects that--
       ``(i) integrate nonintrusive inspection and radiation 
     detection equipment with automatic identification methods for 
     containers, vessels, and vehicles;
       ``(ii) test physical access control protocols and 
     technologies;
       ``(iii) create a data sharing network capable of 
     transmitting data required by entities participating in the 
     international supply chain from every intermodal transfer 
     point to the National Targeting Center of the Department; and
       ``(iv) otherwise further maritime and cargo security, as 
     determined by the Secretary.
       ``(B) Supply chain security for special container and 
     noncontainerized cargo.--The Secretary shall consider 
     demonstration projects that further the security of the 
     international supply chain for special container cargo, 
     including refrigerated containers, and noncontainerized 
     cargo, including roll-on/roll-off, break-bulk, liquid, and 
     dry bulk cargo.
       ``(C) Annual report.--Not later than March 1 of each year, 
     the Secretary shall submit a report detailing the results of 
     Operation Safe Commerce to--
       ``(i) the Senate Committee on Commerce, Science, and 
     Transportation;
       ``(ii) the Senate Committee on Homeland Security and 
     Governmental Affairs;
       ``(iii) the House of Representatives Committee on Homeland 
     Security;
       ``(iv) the Senate Committee on Appropriations; and
       ``(v) the House of Representatives Committee on 
     Appropriations.''.
       (e) Research, Development, Test, and Evaluation.--The 
     Secretary of Homeland Security shall--
       (1) direct research, development, test, and evaluation 
     efforts in furtherance of maritime and cargo security;
       (2) encourage the ingenuity of the private sector in 
     developing and testing technologies and process innovations 
     in furtherance of these objectives; and
       (3) evaluate such technologies.
       (f) Coordination.--The Secretary of Homeland Security, 
     acting through the Undersecretary for Science and Technology, 
     in consultation with the Assistant Secretary for Policy, the 
     Director of Cargo Security Policy, and the Chief Financial 
     Officer, shall ensure that--
       (1) research, development, test, and evaluation efforts 
     funded by the Department in furtherance of maritime and cargo 
     security are coordinated to avoid duplication of efforts; and
       (2) the results of such efforts are shared throughout the 
     Department, as appropriate.

     SEC. --310. 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. --311. INSPECTION OF CAR FERRIES ENTERING FROM CANADA.

       Within 120 days after the date of enactment of this Act, 
     the Secretary of Homeland Security, acting through the 
     Commissioner of Customs and Border Protection, in 
     coordination with the Secretary of State, and their Canadian 
     counterparts, shall develop a plan for the inspection of 
     passengers and vehicles before such passengers board, or such 
     vehicles are loaded onto, a ferry bound for a United States 
     port.

                                 ______
                                 
  SA 3823. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 121, line 14 after ``That'' insert the following:
       of the funds appropriated under this heading, not less than 
     $3,300,000 shall be made

[[Page S3846]]

     available for assistance for the Peace and Justice Unit of 
     the Colombian Fiscalia notwithstanding section 599E of Public 
     Law 109-102: Provided further, That
                                 ______
                                 
  SA 3824. Mr. VOINOVICH submitted an amendment intended to be proposed 
to amendment SA 3613 submitted by Mr. Voinovich (for himself, Mr. 
Obama, Mr. DeWine, Mr. Levin, Ms. Stabenow, Mr. Durbin, and Mr. Dayton) 
and intended to be proposed to the bill H.R. 4939, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2006, and for other purposes; which was ordered to lie on the table; as 
follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. ____. CHICAGO SANITARY AND SHIP CANAL DEMONSTRATION 
                   BARRIER, ILLINOIS.

       (a) In General.--Of the unobligated balances available for 
     ``Operation and Maintenance'' under the heading ``CORPS OF 
     ENGINEERS--CIVIL'' of title I of the Energy and Water 
     Development Appropriations Act, 2006 (Public Law 109-103; 119 
     Stat. 2250), $400,000 shall be made available for fiscal year 
     2006 for the maintenance of the Chicago Sanitary and Ship 
     Canal Demonstration Barrier, Illinois, which was constructed 
     under section 1202(i)(3) of the Nonindigenous Aquatic 
     Nuisance Prevention and Control Act of 1990 (16 U.S.C. 
     4722(i)(3)).
       (b) Authorization of Appropriations.--Section 1202(i)(3)(C) 
     of the Nonindigenous Aquatic Nuisance Prevention and Control 
     Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is amended by striking 
     ``, to carry out this paragraph, $750,000'' and inserting 
     ``such sums as are necessary to carry out the dispersal 
     barrier demonstration project under this paragraph''.

                          ____________________