[Congressional Record Volume 152, Number 113 (Wednesday, September 13, 2006)]
[Senate]
[Pages S9508-S9562]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4965. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill H.R. 4954, to improve maritime and cargo 
security through enhanced layered defenses, and for other purposes; 
which was ordered to lie on the table; as follows:
       At the appropriate place insert the following:

     SEC. __. OVERNIGHT AIR TRAFFIC CONTROLLER OPERATIONS.

       The Secretary of Transportation, for 18 months after the 
     date of enactment of this Act, may not--
       (1) terminate, or reduce staffing for, overnight air 
     traffic control services at any airport where such services 
     are being provided on the date of enactment of this Act; nor
       (2) transfer the operational responsibility for such 
     services at that airport to another airport or other remote 
     location.
                                 ______
                                 
  SA 4966. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill H.R. 4954, to improve maritime and cargo 
security through enhanced layered defenses, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING 
                   PROGRAM.

       (a) Implementation Status.--Within 180 days after the date 
     of enactment of this Act, the Comptroller General shall 
     assess the Department of Homeland Security's aircraft charter 
     customer and lessee prescreening process mandated by section 
     44903(j)(2) of title 49, United States Code, and report on 
     the status of the program, its implementation, and its use by 
     the general aviation charter and rental community and report 
     the findings, conclusions, and recommendations, if any, of 
     such assessment to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Homeland Security.
       (b) Incorporation of Program into ``Secure Flight'' 
     Program.--The Assistant Secretary of Homeland Security 
     (Transportation Security Administration) shall take action to 
     ensure that the aircraft charter customer and lessee 
     prescreening process mandated by section 44903(j)(2) of title 
     49, United States Code, is incorporated into development of 
     the Department of Homeland Security's ``Secure Flight'' 
     program.
       (c) Feasibility Study; Pilot Program.--The Assistant 
     Secretary shall--
       (1) study the feasibility of mandating the use of the 
     ``Secure Flight'' program for all charter and leased aircraft 
     with a gross aircraft weight in excess of 12,500 pounds; and
       (2) consider initiating a pilot program at the 5 largest 
     general aviation airports in terms of traffic volume to 
     assess the viability and security value of mandating the use 
     of the program for all such aircraft.
                                 ______
                                 
  SA 4967. Mrs. MURRAY (for Ms. Stabenow (for herself, Mr. Lieberman, 
Mr. Levin, Mr. Schumer, Mr. Durbin, Mrs. Boxer, and Mr. Dayton)) 
proposed an amendment to the bill H.R. 4954, to improve maritime and 
cargo security through enhanced layered defenses, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY 
                   GRANTS.

       (a) In General.--The Secretary, through the Office of 
     Domestic Preparedness of the Office of State and Local 
     Government Preparedness and Coordination, shall make grants 
     to States, eligible regions, and local governments for 
     initiatives necessary to improve emergency communications 
     capabilities and to achieve short-term or long-term solutions 
     to statewide, regional, national, and, where appropriate, 
     international interoperability.
       (b) Use of Grant Funds.--A grant awarded under subsection 
     (a) may be used for initiatives to achieve short-term or 
     long-term solutions for emergency communications and 
     interoperability within the State or region and to assist 
     with any aspect of the communication life cycle, including--
       (1) statewide or regional communications planning;
       (2) system design and engineering;
       (3) procurement and installation of equipment;
       (4) training exercises;
       (5) modeling and simulation exercises for operational 
     command and control functions; and

[[Page S9509]]

       (6) other activities determined by the Secretary to be 
     integral to the achievement of emergency communications 
     capabilities and communications interoperability.
       (c) Definitions.--In this section--
       (1) the term ``eligible region'' means--
       (A) 2 or more contiguous incorporated municipalities, 
     counties, parishes, Indian tribes, or other general purpose 
     jurisdictions that--
       (i) have joined together to enhance emergency 
     communications capabilities or communications 
     interoperability between emergency response providers in 
     those jurisdictions and with State and Federal officials; and
       (ii) includes the largest city in any metropolitan 
     statistical area or metropolitan division, as those terms are 
     defined by the Office of Management and Budget; or
       (B) any other area the Secretary determines to be 
     consistent with the definition of a region in the national 
     preparedness guidance issued under Homeland Security 
     Presidential Directive 8; and
       (2) the terms ``emergency response providers'' and ``local 
     government'' have the meanings given the terms in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $1,000,000,000 for each of fiscal years 2007 through 
     2011; and
       (2) such sums as are necessary for each fiscal year 
     thereafter.
                                 ______
                                 
  SA 4968. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 4954, to improve maritime and cargo 
security through enhanced layered defenses, and for other purposes; as 
follows:

       On page 27, between lines 20 and 21, insert the following:
       (h) Expansion to Other United States Ports of Entry.--
       (1) In general.--As soon as practicable after--
       (A) implementation of the program for the examination of 
     containers for radiation at ports of entry described in 
     subsection (a), and
       (B) submission of the strategy developed under subsection 
     (b) (and updating, if any, of that strategy under subsection 
     (c)),
     but no later than December 31, 2008, the Secretary shall 
     expand the strategy developed under subsection (b), in a 
     manner consistent with the requirements of subsection (b), to 
     provide for the deployment of radiation detection 
     capabilities at all other United States ports of entry not 
     covered by the strategy developed under subsection (b).
       (2) Risk assessment.--In expanding the strategy under 
     paragraph (1), the Secretary shall identify and assess the 
     risks to those other ports of entry in order to determine 
     what equipment and practices will best mitigate the risks.
                                 ______
                                 
  SA 4969. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY ON THE COMPETITIVENESS OF UNITED STATES PORT 
                   TERMINAL OPERATORS.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Secretary shall, in 
     consultation with the Secretary of the Treasury, the 
     Commissioner, the Administrator of the Maritime 
     Administration, the Secretary of Transportation, and the 
     United States Trade Representative, conduct a study into the 
     decline in the number of United States persons that operate 
     United States port terminals. The study shall--
       (1) examine the history of United States and foreign 
     ownership of operators of United States port terminals, 
     including changes in the number and percentage of United 
     States port terminal operators ultimately owned by United 
     States persons;
       (2) offer explanations for the decline in the number of 
     United States persons that operate United States port 
     terminals, including any competitive advantages enjoyed by 
     non-United States persons in competing for and performing 
     contracts to operate United States port terminals and any 
     competitive disadvantages faced by United States persons in 
     competing for and performing contracts to operate United 
     States port terminals; and
       (3) suggest changes in laws, regulations, or policies that 
     could help improve the competitiveness of United States 
     persons operating United States port terminals and encourage 
     additional United States persons to engage in the business of 
     operating United States port terminals.
       (b) Definition of United States Persons.--In this section, 
     the term ``United States persons'' means--
       (1) a United States citizen; and
       (2) a partnership, corporation, or other legal entity that 
     is organized under the laws of the United States and is owned 
     or controlled by United States citizens.
                                 ______
                                 
  SA 4970. Mr. DeMINT proposed an amendment to the bill H.R. 4954, to 
improve maritime and cargo security through enhanced layered defenses, 
and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY 
                   CARDS TO CONVICTED FELONS.

       Section 70105 of title 46, United States Code, is amended--
       (1) in subsection (b)(1), by striking ``decides that the 
     individual poses a security risk under subsection (c)'' and 
     inserting ``determines under subsection (c) that the 
     individual poses a security risk''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Except as provided under paragraph (2), an individual 
     shall be deemed to pose a security risk under this section if 
     the Secretary determines that the individual--
       ``(A) has been convicted (or has been found not guilty by 
     reason of insanity) of--
       ``(i) destruction of a vessel or maritime facility under 
     section 2291 of title 18;
       ``(ii) violence against maritime navigation under section 
     2280 of title 18;
       ``(iii) forgery of certificates of documentation, falsified 
     vessel identification, or other vessel documentation 
     violation under section 12507 or 12122 of this title;
       ``(iv) interference with maritime commerce under section 
     2282A of title 18;
       ``(v) improper transportation of a hazardous material under 
     section 46312 of title 49;
       ``(vi) piracy or privateering under chapter 81 of title 18;
       ``(vii) firing or tampering with vessels under section 2275 
     of title 18;
       ``(viii) carrying a dangerous weapon or explosive aboard a 
     vessel under section 2277 of title 18;
       ``(ix) failure to heave to, obstruction of boarding, or 
     providing false information under section 2237 of title 18;
       ``(x) imparting or conveying false information under 
     section 2292 of title 18;
       ``(xi) entry by false pretense to any seaport under section 
     1036 of title 18;
       ``(xii) murder;
       ``(xiii) assault with intent to murder;
       ``(xiv) espionage;
       ``(xv) sedition;
       ``(xvi) kidnapping or hostage taking;
       ``(xvii) treason;
       ``(xviii) rape or aggravated sexual abuse;
       ``(xix) unlawful possession, use, sale, distribution, or 
     manufacture of an explosive or weapon;
       ``(xx) extortion;
       ``(xxi) armed or felony unarmed robbery;
       ``(xxii) distribution of, or intent to distribute, a 
     controlled substance;
       ``(xxiii) felony arson;
       ``(xxiv) a felony involving a threat;
       ``(xxv) a felony involving illegal possession of a 
     controlled substance punishable by a maximum term of 
     imprisonment of more than 1 year, willful destruction of 
     property, importation or manufacture of a controlled 
     substance, burglary, theft, dishonesty, fraud, 
     misrepresentation, possession or distribution of stolen 
     property, aggravated assault, or bribery; or
       ``(xxvi) conspiracy or attempt to commit any of the 
     criminal acts listed in this subparagraph;
       ``(B) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
       ``(C) otherwise poses a terrorism security risk to the 
     United States.''.
                                 ______
                                 
  SA 4971. Mr. McCAIN (for himself, Mrs. Boxer, Mr. Lautenberg, Mrs. 
Clinton, Mr. DeWine, Mr. Graham, Mr. Warner, and Mr. Allen) submitted 
an amendment intended to be proposed by him to the bill H.R. 4954, to 
improve maritime and cargo security through enhanced layered defenses, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 41, following the matter after line 25, insert the 
     following:

     SEC. 114. TRANSFER OF PUBLIC SAFETY GRANT PROGRAM TO THE 
                   DEPARTMENT OF HOMELAND SECURITY.

       Section 3006 of the Digital Television Transition and 
     Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 24) 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``The Assistant Secretary, in consultation 
     with the'' and inserting ``The''; and
       (B) in paragraph (1), by inserting ``planning of,'' before 
     ``acquisition of''; and
       (2) in subsection (b), by striking ``Assistant Secretary'' 
     each place that term appears and inserting ``Secretary of 
     Homeland Security''.

     SEC. 115. INTEROPERABLE EMERGENCY COMMUNICATIONS.

       Section 3006 of the Digital Television Transition and 
     Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 24) 
     is amended by redesignating subsection (d) as subsection (e) 
     and by inserting after subsection (c) the following:
       ``(d) Interoperable Communications System Equipment 
     Deployment.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     allocate a portion of the funds made available to carry out 
     this section to make interoperable communications system 
     equipment, planning, or training grants--
       ``(A) to purchase equipment and infrastructure that 
     complies with SAFECOM guidance,

[[Page S9510]]

     including any standards that may be referenced by SAFECOM 
     guidance; and
       ``(B) to establish a small number of pilot projects to 
     demonstrate or test new and advanced technologies for 
     interoperable communications systems or infrastructure that 
     improves interoperability;
       ``(C) to assist States, municipalities, or public safety 
     agencies in planning and training for the use of 
     interoperable communications systems; and
       ``(D) to purchase equipment that can utilize, or enable 
     interoperability with systems or networks that can utilize, 
     the reallocated public safety spectrum in the 700MHz band.
       ``(2) Allocation of funds.--
       ``(A) In general.--Any funds or portion of funds allocated 
     pursuant to paragraph (1) shall be distributed to a State, 
     municipality, or public safety agency based on the threat and 
     risk factors used by the Secretary for the purposes of 
     allocating discretionary grants under the heading `OFFICE FOR 
     DOMESTIC PREPAREDNESS, STATE AND LOCAL PROGRAMS' in the 
     Department of Homeland Security Appropriations Act, 2006.
       ``(B) Considerations.--In making any distribution under 
     subparagraph (A), the Secretary may consider the likelihood 
     that a State, municipality, or public safety agency would 
     have to respond to a hurricane, tsunami, volcanic eruption, 
     earthquake, forest fire, mining accident, or other such 
     natural disaster.
       ``(3) Eligibility.--A State, municipality, or public safety 
     agency may not receive funds allocated to it under paragraph 
     (2) unless it has established a statewide interoperable 
     communications plan approved by the Secretary.
       ``(4) Required disclosures.--
       ``(A) In general.--Each State, municipality, or public 
     safety agency that receives assistance under this section 
     shall report to the Secretary, not later than 12 months after 
     the date of receipt of such assistance, a list of all 
     expenditures made by such State, municipality, or public 
     safety agency using such assistance.
       ``(B) Disclosures to continue until all funds are used.--
     Each State, municipality, or public safety agency shall 
     continue to meet the requirements of subparagraph (A) until 
     all assistance received by such State, municipality, or 
     public safety agency under this section is expended.''.
                                 ______
                                 
  SA 4972. Mr. OBAMA (for himself and Mr. Salazar) submitted an 
amendment intended to be proposed by him to the bill H.R. 4954, to 
improve maritime and cargo security through enhanced layered defenses, 
and for other purposes; as follows:

       On page 87, after line 18, add the following:

     SEC. 407. EVACUATION IN EMERGENCIES.

       (a) Purpose.--The purpose of this section is to ensure the 
     preparation of communities for future natural, accidental, or 
     deliberate disasters by ensuring that the States prepare for 
     the evacuation of individuals with special needs.
       (b) Evacuation Plans for Individuals With Special Needs.--
     The Secretary, acting through the Office of State and Local 
     Government Coordination and Preparedness, shall take 
     appropriate actions to ensure that each State, as that term 
     is defined in section 2(14) of the Homeland Security Act of 
     2002 (6 U.S.C. 101(14)), requires appropriate State and local 
     government officials to develop detailed and comprehensive 
     pre-disaster and post-disaster plans for the evacuation of 
     individuals with special needs, including the elderly, 
     disabled individuals, low-income individuals and families, 
     the homeless, and individuals who do not speak English, in 
     emergencies that would warrant their evacuation, including 
     plans for the provision of food, water, and shelter for 
     evacuees.
       (c) Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report setting forth, for each State, the status and key 
     elements of the plans to evacuate individuals with special 
     needs in emergencies that would warrant their evacuation.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include a discussion of--
       (A) whether the States have the resources necessary to 
     implement fully their evacuation plans; and
       (B) the manner in which the plans of the States are 
     integrated with the response plans of the Federal Government 
     for emergencies that would require the evacuation of 
     individuals with special needs.
                                 ______
                                 
  SA 4973. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NUCLEAR RELEASE NOTICE REQUIREMENT.

       Section 103 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2133) is amended by inserting after subsection d. the 
     following:
       ``e. Notice of Unplanned Release of Radioactive 
     Substances.--
       ``(1) Regulations.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subsection, the Commission shall promulgate 
     regulations that require civilian nuclear power facilities 
     licensed under this section or section 104(b) to provide 
     notice of any release to the environment of quantities of 
     fission products or other radioactive substances.
       ``(B) Considerations.--In developing the regulations under 
     subparagraph (A), the Commission shall consider requiring 
     licensees of civilian nuclear power facilities to provide 
     notice of the release--
       ``(i) not later than 24 hours after the release;
       ``(ii) to the Commission and the governments of the State 
     and county in which the civilian nuclear power facility is 
     located, if the unplanned release--

       ``(I)(aa) exceeds allowable limits for normal operation 
     established by the Commission; and
       ``(bb) is not subject to more stringent reporting 
     requirements established in existing regulations of the 
     Commission; or
       ``(II)(aa) enters into the environment; and
       ``(bb) may cause drinking water sources to exceed a maximum 
     contaminant level established by the Environmental Protection 
     Agency for fission products or other radioactive substances 
     under the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
     and

       ``(iii) to the governments of the State and county in which 
     the civilian nuclear power facility is located if the 
     unplanned release reaches the environment by a path otherwise 
     not allowed or recognized by the operating license of the 
     civilian nuclear power facility and falls within the 
     allowable limits specified in clause (ii), including--

       ``(I) considering any recommendations issued by the Liquid 
     Radioactive Release Lessons-Learned Task Force;
       ``(II) the frequency and form of the notice; and
       ``(III) the threshold, volume, and radiation content that 
     trigger the notice.

       ``(2) Effect.--Nothing in this subsection provides to any 
     State or county that receives a notice under this subsection 
     regulatory jurisdiction over a licensee of a civilian nuclear 
     power facility.''.
                                 ______
                                 
  SA 4974. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 87, after line 18, add the following:

     SEC. 407. CONTAMINANT PREVENTION, DETECTION, AND RESPONSE.

       Section 1434 of the Safe Drinking Water Act (42 U.S.C. 
     300i-3) is amended by striking subsection (b) and inserting 
     the following:
       ``(b) Report.--Not later than 180 days after the date of 
     enactment of the Port Security Improvement Act of 2006, the 
     Administrator shall submit to Congress a report that 
     includes--
       ``(1) a description of the progress made as of that date in 
     implementing this section;
       ``(2) a description of any impediments to that 
     implementation identified by the Administrator, including--
       ``(A) difficulty in coordinating the implementation with 
     other Federal, State, or local agencies or organizations;
       ``(B) insufficient funding for effective implementation;
       ``(C) a lack of authorization to take certain actions 
     (including the authority to hire necessary personnel) 
     required to carry out the implementation; and
       ``(D) technological impediments to developing the methods, 
     means, and equipment specified in subsection (a)(1).
       ``(c) Implementation Plan.--The Administrator shall 
     develop, and carry out during the period of fiscal years 2007 
     through 2011, an implementation plan with respect to actions 
     described in subsection (a) that--
       ``(1) is consistent with actions taken under that 
     subsection as of the date on which the implementation plan is 
     finalized; and
       ``(2) reflects the findings of the report submitted under 
     subsection (b).
       ``(d) Funding.--There is authorized to be appropriated to 
     carry out this section $7,500,000 for each of fiscal years 
     2007 through 2011.''.
                                 ______
                                 
  SA 4975. Mr. BIDEN proposed an amendment to the bill H.R. 4954, to 
improve maritime and cargo security through enhanced layered defenses, 
and for other purposes; as follows:

       At the appropriate place, insert the following:

                 TITLE V--HOMELAND SECURITY TRUST FUND

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Homeland Security Trust 
     Fund Act of 2006''.

     SEC. 502. FINDINGS.

       The Congress finds the following:
       (1) In 2002, an independent, bipartisan commission, the 
     National Commission on Terrorist Attacks Upon the United 
     States (in this section referred to as the ``Commission''), 
     was established under title VI of Public Law 107-306 to 
     prepare a full and complete account of the circumstances 
     surrounding the September 11, 2001, terrorist attacks, 
     including preparedness for and the immediate response to the 
     attacks.
       (2) The Commission was also tasked with providing 
     recommendations designed to guard against future attacks 
     against the United States.

[[Page S9511]]

       (3) The Commission held 12 public hearings to offer a 
     public dialogue about the Commission's goals and priorities, 
     sought to learn about work already completed, and the state 
     of current knowledge, all in order to identify the most 
     important issues and questions requiring further 
     investigation.
       (4) This Commission was widely praised for its thorough 
     investigation and the bi-partisan nature of its proceedings.
       (5) On July 22, 2004, the Commission released its final 
     report that set out the events leading to the attacks on 
     September 11th, a chilling minute-by-minute account of that 
     tragic day, and, more importantly, issued 41 recommendations 
     to better prepare the United States to protect against future 
     terrorist attacks.
       (6) While the Commission was officially dissolved, the 
     Commissioners stayed together to create the 9/11 Public 
     Discourse Project in order to push for the implementation of 
     those recommendations.
       (7) On December 5, 2005, the Commissioners released a 
     report card evaluating the progress in implementing those 
     recommendations.
       (8) The Commissioners issued very few A's and B's and 
     issued 12 D's and 5 failing grades.
       (9) The failures identified by the Commissioners' report 
     card were across the board, ranging from transportation 
     security, to infrastructure protection and government reform.
       (10) Specifically, the Commissioners stated that ``few 
     improvements have been made to the existing passenger 
     screening system since right after 9/11. The completion of 
     the testing phase of TSA's pre-screening program for airline 
     passengers has been delayed. A new system, utilizing all 
     names on the consolidated terrorist watch list, is therefore 
     not yet in operation.''.
       (11) The Commissioners also found that ``. . . No risk and 
     vulnerability assessments actually made; no national 
     priorities established; no recommendations made on allocation 
     of scarce resources . . . It is time that we stop talking 
     about setting priorities and actually set some.''.
       (12) The Commission issued a grade of D on checked bag and 
     cargo screening measures, stating that ``improvements have 
     not been made by the Congress or the administration. Progress 
     on implementation of in-line screening has been slow. The 
     main impediment is inadequate funding.''.
       (13) With regard to information sharing and technology, the 
     Commission noted that ``there has been no systematic 
     diplomatic efforts to share terrorist watch lists, nor has 
     Congress taken a leadership role in passport security . . .'' 
     and that ``there remain many complaints about lack of 
     information sharing between federal authorities and state and 
     local level officials.''.
       (14) The Administration has failed to focus on prevention 
     here at home by abandoning our first line of defense against 
     terrorism--local law enforcement.
       (15) In the President's FY 2006 budget request, the 
     President requested a cut of over $2,000,000,000 in 
     guaranteed assistance to law enforcement.
       (16) According to the International Association of Chiefs 
     of Police, this decision represents a fundamentally flawed 
     view of what is needed to prevent domestic terror attacks.
       (17) The Council on Foreign Relations released a report 
     entitled, ``Emergency First Responders: Drastically 
     Underfunded, Dangerously Unprepared'', in which the Council 
     found that ``America's local emergency responders will always 
     be the first to confront a terrorist incident and will play 
     the central role in managing its immediate consequences. 
     Their efforts in the first minutes and hours following an 
     attack will be critical to saving lives, establishing order, 
     and preventing mass panic. The United States has both a 
     responsibility and a critical need to provide them with the 
     equipment, training, and other resources necessary to do 
     their jobs safely and effectively.''.
       (18) The Council further concluded that many State and 
     local emergency responders, including police officers and 
     firefighters, lack the equipment and training needed to 
     respond effectively to a terrorist attack involving weapons 
     of mass destruction.
       (19) Current first responder funding must be increased to 
     help local agencies create counter-terrorism units and assist 
     such agencies to integrate community policing models with 
     counter-terror efforts.
       (20) First responders still do not have adequate spectrum 
     to communicate during an emergency. Congress finally passed 
     legislation forcing the networks to turn over spectrum, but 
     the date was set for February 2008. This is unacceptable, 
     this spectrum should be turned over immediately.
       (21) The Federal Government has a responsibility to ensure 
     that the people of the United States are protected to the 
     greatest possible extent against a terrorist attack, 
     especially an attack that utilizes nuclear, chemical, 
     biological, or radiological weapons, and consequently, the 
     Federal Government has a critical responsibility to address 
     the equipment, training, and other needs of State and local 
     first responders.
       (22) To echo the sentiments of the National Commission on 
     Terrorist Attacks upon the United States, ``it is time that 
     we stop talking about setting priorities and actually set 
     some.''.
       (23) The cost of fully implementing all 41 recommendations 
     put forth by the Commission and the common sense steps to 
     secure the homeland represents less than 1 year of President 
     Bush's tax cuts for millionaires.
       (24) By investing 1 year of the tax cuts for millionaires 
     into a trust fund to be invested over the next 5 years, the 
     Federal Government can implement the Commission's 
     recommendations and make great strides towards making our 
     Nation safer.
       (25) The Americans making more than $1,000,000 understand 
     that our country changed after 9/11, yet they have not been 
     asked to sacrifice for the good of the Nation.
       (26) In this Act, we call on the patriotism of such 
     Americans by revoking 1 year of their tax cut and investing 
     the resulting revenues in the security of our neighbors and 
     families.

     SEC. 503. DEFINITIONS.

       In this Act--
       (1) Trust fund.--The term ``Trust Fund'' means the Homeland 
     Security and Neighborhood Safety Trust Fund established under 
     section 504.
       (2) Commission.--The term ``Commission'' means the National 
     Commission on Terrorist Attacks upon the United States, 
     established under title VI of the Intelligence Authorization 
     Act for Fiscal Year 2003 (Pub. Law 107-306; 6 U.S.C. 101 
     note).

     SEC. 504. HOMELAND SECURITY AND NEIGHBORHOOD SAFETY TRUST 
                   FUND.

       (a) Creation of Trust Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``Homeland Security and Neighborhood Safety Trust Fund'', 
     consisting of such amounts as may be appropriated or credited 
     to the Trust Fund.
       (b) Rules Regarding Transfers to and Management of Trust 
     Fund.--For purposes of this section, rules similar to the 
     rules of sections 9601 and 9602 of the Internal Revenue Code 
     of 1986 shall apply.
       (c) Distribution of Amounts in Trust Fund.--Amounts in the 
     Trust Fund shall be available, as provided by appropriation 
     Acts, for making expenditures for fiscal years 2007 through 
     2011 to meet those obligations of the United States incurred 
     which are authorized under section 5 of this Act for such 
     fiscal years.
       (d) Sense of the Senate.--It is the sense of the Senate 
     that the Committee on Finance of the Senate should report to 
     the Senate not later than 30 days after the date of the 
     enactment of this Act legislation which--
       (1) increases revenues to the Treasury in the amount of 
     $53,300,000,000 during taxable years 2007 through 2011 by 
     reducing scheduled and existing income tax reductions enacted 
     since taxable year 2001 with respect to the taxable incomes 
     of taxpayers in excess of $1,000,000, and
       (2) appropriates an amount equal to such revenues to the 
     Homeland Security and Neighborhood Safety Trust Fund.

     SEC. 505. PREVENTING TERROR ATTACKS ON THE HOMELAND.

       (a) Supporting Law Enforcement.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated from the Trust Fund--
       (A) $1,150,000,000 for fiscal years 2007 through 2011 for 
     the Office of Community Oriented Policing Services for grants 
     to State, local, and tribal law enforcement to hire officers, 
     purchase technology, conduct training, and to develop local 
     counter-terrorism units;
       (B) $900,000,000 for each of the fiscal years 2007 through 
     2011 for the Justice Assistance Grant;
       (C) $160,000,000 for each of fiscal years 2007 through 2011 
     for the Federal Bureau of Investigations to hire 1,000 
     additional field agents in addition to the number of field 
     agents serving on the date of enactment of this Act;
       (D) $25,000,000 for the Department of Homeland Security for 
     each of fiscal years 2007 through 2011 to fund additional 
     customs agents; and
       (E) $200,000,000 for each of fiscal years 2007 to 2011 for 
     the Amtrak Police Department to hire, equip, and train 1,000 
     additional rail police; and
       (F) such sums as necessary to provide an increase in the 
     rate of basic pay for law enforcement officers employed by 
     Amtrak of 25 percent of the rate of basic pay in effect on 
     the date of enactment of this Act.
       (2) Report on the creation of a federal bureau of 
     investigation national security workforce.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Federal Bureau 
     of Investigation shall submit to the relevant congressional 
     committees a report on the creation of a national security 
     workforce, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Director expects the recommendation to be 
     fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (b) Effectively Utilizing New Technologies.--
       (1) Streamlining information and processes.--
       (A) Authorization of appropriations.--There are authorized 
     to be appropriated from the Trust Fund--
       (i) $50,000,000 for fiscal year 2007 for Information 
     Technology Services at the Department of Homeland Security 
     for the purpose of consolidating terrorist watch lists;

[[Page S9512]]

       (ii) $50,000,000 for fiscal year 2007 to improve the 
     capability of pre-screening airline passengers against 
     terrorist watch lists;
       (iii) $100,000,000 for each of fiscal years 2007 through 
     2011 for the Department of Homeland Security, Office of the 
     Chief Information Officer, for the purpose of improving 
     government wide information sharing, including processes and 
     procedures to improve information sharing with State and 
     local law enforcement and first responders;
       (iv) $120,000,000 for each of fiscal years 2007 to 2011 to 
     enhance the Department of Homeland Security to enhance U.S. 
     Visit, Biometric Entry-Exit System (9/11); and
       (v) $150,000,000 for each of fiscal years 2007 to 2011 to 
     assist States in complying with the Real I.D. Act (Public Law 
     103-19).
       (B) Reports.--
       (i) Report on government-wide information sharing.--

       (I) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget shall submit to the relevant 
     congressional committees a report on the progress toward 
     government-wide information sharing, as recommended by the 
     Commission.
       (II) Contents.--The report under this clause shall include 
     either a certification that such recommendation has been 
     implemented, or, in the alternative, a description of--

       (aa) what steps have been taken to achieve the 
     recommendation;
       (bb) when the Director expects the recommendation to be 
     fully implemented; and
       (cc) any allocation of resources necessary to fully 
     implement the recommendation.
       (ii) Report on incentives for information sharing.--

       (I) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the relevant congressional 
     committees a report on the establishment of incentives for 
     information sharing across the Federal government and with 
     State and local authorities, as recommended by the 
     Commission.
       (II) Contents.--The report under this clause shall include 
     either a certification that such recommendation has been 
     implemented, or, in the alternative, a description of--

       (aa) what steps have been taken to achieve the 
     recommendation;
       (bb) when the Director expects the recommendation to be 
     fully implemented; and
       (cc) any allocation of resources necessary to fully 
     implement the recommendation.
       (iii) Report on biometric entry-exit screening system.--

       (I) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the relevant congressional committees a 
     report the creation of a biometric entry-exit screening 
     system, as recommended by the Commission.
       (II) Contents.--The report under this clause shall include 
     either a certification that such recommendation has been 
     implemented, or, in the alternative, a description of--

       (aa) what steps have been taken to achieve the 
     recommendation;
       (bb) when the Secretary of Homeland Security expects the 
     recommendation to be fully implemented; and
       (cc) any allocation of resources necessary to fully 
     implement the recommendation.
       (2) Utilizing screening technologies.--
       (A) Authorization of appropriations.--There are authorized 
     to be appropriated from the Trust Fund--
       (i) $1,000,000,000 for each of 2007 through 2011 for 
     Department of Homeland Security to implement 100 percent 
     screening of ship cargo containers with suitable technologies 
     that screen for nuclear, radiological, and other dangerous 
     materials;
       (ii) $100,000,000 for each of fiscal years 2007 through 
     2011 for the Department of Homeland Security to improve 
     screening for airline passengers, checked baggage, and cargo 
     on commercial airliners;
       (iii) $100,000,000 for each of fiscal years 2007 through 
     2011 for the Office of Science and Technology at the 
     Department of Homeland Security to research and develop 
     advanced screening technologies.
       (B) Reports.--
       (i) Report on container cargo screening.--Not later than 90 
     days after the date of the enactment of this Act, the 
     Secretary of Transportation shall submit to the relevant 
     congressional committees a report on improvements made 
     towards implementing 100 percent screening of cargo 
     containers, including an analysis of charging a per container 
     surcharge towards recouping security investment made by the 
     Department of Homeland Security in implementing 100 percent 
     cargo container screening and on-going security costs.
       (ii) Report on checked bag and cargo screening.--

       (I) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall submit to the relevant congressional committees a 
     report on improvements made to checked bag and cargo 
     screening, as recommended by the Commission.
       (II) Contents.--The report under this clause shall include 
     either a certification that such recommendation has been 
     implemented, or, in the alternative, a description of--

       (aa) what steps have been taken to achieve the 
     recommendation;
       (bb) when the Secretary of Transportation expects the 
     recommendation to be fully implemented; and
       (cc) any allocation of resources necessary to fully 
     implement the recommendation.
       (iii) Report on airline screening checkpoints to detect 
     explosives.--

       (I) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall submit to the relevant congressional committees a 
     report on improvements to airline screening checkpoints to 
     detect explosives, as recommended by the Commission.
       (II) Contents.--The report under this clause shall include 
     either a certification that such recommendation has been 
     implemented, or, in the alternative, a description of--

       (aa) what steps have been taken to achieve the 
     recommendation;
       (bb) when the Secretary of Transportation expects the 
     recommendation to be fully implemented; and
       (cc) any allocation of resources necessary to fully 
     implement the recommendation.
       (c) Protecting Critical Infrastructure and Eliminating 
     Threats.--
       (1) Hardening soft targets.--
       (A) Authorization of appropriations.--There are authorized 
     to be appropriated from the Trust Fund--
       (i) $1,000,000,000 for each of fiscal years 2007 through 
     2011 for the Office of Domestic Preparedness for the State 
     Homeland Security Grant Program, the Urban Area Security 
     Initiative and the Law Enforcement Terrorism Prevention 
     Program;
       (ii) $80,000,000 for fiscal year 2007 to the Office of 
     Domestic Preparedness for Critical Infrastructure Risk 
     Assessment Planning
     (9/11);
       (iii) $500,000,000 for each of fiscal year 2007 through 
     2011 to the Office of Domestic Preparedness to make grants to 
     State and local governments and tribes to protect critical 
     infrastructure, including chemical facilities, nuclear power 
     plants, electrical grids, and other critical infrastructure;
       (iv) $500,000,000 for each of fiscal years 2007 through 
     2011 for port security grants to assist ports with meeting 
     the requirements in Maritime Transportation Security Act of 
     2002 (Public Law 107-295; 116 Stat. 2064.); and
       (v) $200,000,000 for each of fiscal year 2007 through 2011 
     to the Office of Domestic Preparedness to make grants for 
     passenger rail, freight rail, and transit systems.
       (B) Report on critical infrastructure risks and 
     vulnerabilities assessment.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the relevant congressional committees a 
     report assessing critical infrastructure risks and 
     vulnerabilities, as recommended by the Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the Secretary of Homeland Security expects the 
     recommendation to be fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (2) Reducing the risk of attack on dangerous chemicals.--
     There are authorized to be appropriated from the Trust Fund--
       (A) $100,000,000 for each of fiscal years 2007 through 2001 
     to the Department of Homeland Security to assist companies 
     that manufacture, produce, or utilize dangerous chemicals to 
     transition to safer technologies; and
       (B) $25,000,000 for each of fiscal years 2007 through 2011 
     to the Department of Homeland Security to--
       (i) develop a national strategy to reduce the threat of 
     rail shipments of extremely hazardous materials through the 
     high threat cities in the Nation; and
       (ii) provide grants to State and local law enforcement, 
     first responders, and rail owners to purchase safety 
     equipment and conduct coordinated training exercises for 
     first responders and rail workers who may be called to 
     respond to intentional or accidental releases of hazardous 
     chemicals.
       (3) Responding to terrorist attacks and natural 
     disasters.--
       (A) Authorization of appropriations.--There are authorized 
     to be appropriated from the Trust Fund--
       (i) $1,000,000,000 for each of fiscal years 2007 through 
     2011 to the Office of Community Oriented Policing Services to 
     provide grants to enhance State and local government 
     interoperable communications efforts, including interagency 
     planning and purchasing equipment;
       (ii) $500,000,000 for each of fiscal years 2007 through 
     2011 for the Office of Domestic Preparedness for Fire Act 
     Grants;
       (iii) $500,000,000 for each of fiscal years 2007 through 
     2011 for the Office of Domestic Preparedness for SAFER 
     Grants;
       (iv) $1,000,000,000 per year for each of fiscal years 2007 
     through 2011 for the Office of Domestic Preparedness to make 
     grants to State and local governments to improve the public 
     health capabilities of States and cities to prevent and 
     respond to biological, chemical, or radiological attacks and 
     pandemics;
       (v) $100,000,000 per year for each of fiscal years 2007 
     through 2011 for the Armed Forces Radiological Research 
     Institute to research,

[[Page S9513]]

     develop, and deploy medical countermeasures to address 
     radiation sickness associated with nuclear or radiological 
     attacks in the United States; and
       (vi) $100,000,000 per year for each of fiscal years 2007 
     through 2011 for the Office of Domestic Preparedness for the 
     purpose of improving State and local government interagency 
     response coordination to enable local agencies to utilize 
     equipment, resources, and personnel of neighboring agencies 
     in the event of a terrorist attack or natural catastrophe.
       (B) Prevention of delay in reassignment of 24 megahertz for 
     public safety purposes.--Section 309(j)(14) of the 
     Communications Act of 1934 (47 20 U.S.C. 309(j)(14)) is 
     amended by adding at the end the following:
       ``(E) Notwithstanding subparagraph (B), the Commission 
     shall not grant any extension under that subparagraph from 
     the limitation of subparagraph (A) with respect to the 
     frequencies assigned, under section 337(a)(1), for public 
     safety services. The Commission shall take all actions 
     necessary to complete assignment of the electromagnetic 
     spectrum between 764 and 776 megahertz, inclusive, and 
     between 794 and 806 megahertz, inclusive, for public safety 
     services and to permit operations by public safety services 
     on those frequencies commencing not later than January 1, 
     2007.''.
       (d) Preventing the Growth of Radical Islamic 
     Fundamentalism.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated from the Trust Fund--
       (A) $100,000,000 for each of fiscal years 2007 through 2011 
     to the President for the Economic Support Fund to provide 
     technical assistance under chapter 4 of part II of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to 
     foreign countries to assist such countries in preventing the 
     financing of terrorist activities;
       (B) $200,000,000 for each of fiscal years 2007 through 2011 
     to the President for development assistance for international 
     education programs carried out under sections 105 and 496 of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2151c and 
     2293);
       (C) $50,000,000 for each of fiscal years 2007 through 2011 
     to the President for the United States contribution to the 
     International Youth Opportunity Fund authorized under section 
     7114 of the 9/11 Commission Implementation Act of 2004 
     (Public Law 108-458) for international education programs;
       (D) $100,000,000 for each of fiscal years 2007 through 2011 
     to the President for the Economic Support Fund for activities 
     carried out under the provisions of chapter 4 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) 
     to promote democracy, good governance, political freedom, 
     independent media, women's rights, private sector 
     development, and open economic systems in the countries of 
     the Middle East, Central Asia, South Asia, and Southeast 
     Asia;
       (E) $15,000,000 for each of the fiscal years 2007 through 
     2011 to the Middle East Partnership Initiative of the 
     Department of State to support, through the provision of 
     grants, technical assistance, training, and other programs, 
     in the countries of the Middle East, the expansion of civil 
     society, opportunities for political participation for all 
     citizens, protections for internationally recognized human 
     rights, including the rights of women, educational system 
     reforms, independent media, policies that promote economic 
     opportunities for citizens, the rule of law, and democratic 
     processes of government;
       (F) $100,000,000 for each of the fiscal years 2007 through 
     2011 to the President to carry out United States Government 
     broadcasting activities under the United States Information 
     and Educational Exchange Act of 1948 (22 U.S.C. 1431 et 
     seq.), the United States International Broadcasting Act of 
     1994 (22 U.S.C. 6201 et seq.), and the Foreign Affairs Reform 
     and Restructuring Act of 1998 (as enacted in division G of 
     the Omnibus Consolidated and Emergency Supplemental 
     Appropriations Act, 1999; Public Law 105-277) for 
     international broadcasting operations;
       (G) $200,000,000 for each of the fiscal years 2007 through 
     2011 to the Department of State to carry out public diplomacy 
     programs of the Department under the United States 
     Information and Educational Exchange Act of 1948, the Mutual 
     Educational and Cultural Exchange Act of 1961, Reorganization 
     Plan Number 2 of 1977, the Foreign Affairs Reform and 
     Restructuring Act of 1998, the Center for Cultural and 
     Technical Interchange Between East and West Act of 1960, the 
     Dante B. Fascell North-South Center Act of 1991, and the 
     National Endowment for Democracy Act;
       (H) $600,000,000 for each of the fiscal years 2007 through 
     2011 to the President for providing assistance for 
     Afghanistan in a manner consistent with the Afghanistan 
     Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.);
       (I) $150,000,000 for each of the fiscal years 2007 through 
     2011 to the President for provide assistance to Pakistan for 
     the Economic Support Fund to carry out chapter 4 of part II 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
     seq.); and
       (J) $80,000,000 for each of the fiscal years 2007 through 
     2011 to the Department of Energy to support the 
     nonproliferation activities of the National Nuclear Security 
     Administration.
       (2) Reports.--
       (A) Report on the united states government's efforts to 
     secure weapons of mass destruction.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     relevant congressional committees a report on the current 
     efforts to secure weapons of mass destruction, as recommended 
     by the Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the President expects the recommendation to be 
     fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (B) Report on long-term commitment to afghanistan.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall submit to the 
     relevant congressional committees a report on ensuring a 
     long-term commitment to Afghanistan, as recommended by the 
     Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the President expects the recommendation to be 
     fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (C) Report on united states support to pakistan's efforts 
     against extremists.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the relevant congressional committees a report the 
     United States's support of Pakistan's efforts against 
     extremists, as recommended by the Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the Secretary of State expects the recommendation 
     to be fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (D) Report on improvement of relations between the united 
     states and saudi arabia.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the relevant congressional committees a report on 
     current efforts to improve strategic relations between the 
     United States and Saudi Arabia, as recommended by the 
     Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the Secretary of State expects the recommendation 
     to be fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (E) Report on identifying and prioritizing terrorist 
     sanctuaries.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the National 
     Counterterrorism Center shall submit to the relevant 
     congressional committees a report identifying and 
     prioritizing terrorist sanctuaries, as recommended by the 
     Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the Director expects the recommendation to be 
     fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (F) Report on comprehensive coalition strategy against 
     islamist terrorism.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the relevant congressional committees a report on 
     progress toward engaging other countries in developing a 
     comprehensive strategy for combating Islamist terrorism, as 
     recommended by the Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the Secretary of State expects the recommendation 
     to be fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (G) Report on international broadcasting.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Broadcasting Board of 
     Governors shall submit to the relevant congressional 
     committees a report analyzing the success of Radio Sawa and 
     Radio Al-Hurra, as recommended by the Commission.

[[Page S9514]]

       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the Board expects the recommendation to be fully 
     implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (H) Report on scholarship, exchange and library programs.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     submit to the relevant congressional committees a report on 
     the expansion United States scholarship, exchange, and 
     library programs in the Islamic world, as recommended by the 
     Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the Secretary of State expects the recommendation 
     to be fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (I) Report on terrorist travel strategy.--
       (i) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the National 
     Counterterrorism Center shall submit to the relevant 
     congressional committees a report on improving the collection 
     and analysis of intelligence on terrorist travel, as 
     recommended by the Commission.
       (ii) Contents.--The report under this subparagraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--

       (I) what steps have been taken to achieve the 
     recommendation;
       (II) when the Director expects the recommendation to be 
     fully implemented; and
       (III) any allocation of resources necessary to fully 
     implement the recommendation.

       (e) Government Reform: Implementing Each Recommendation of 
     the 9/11 Commission.--
       (1) Report on establishing a unified incident command 
     system.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the relevant congressional committees a 
     report on the establishment of a unified Incident Command 
     System, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of Homeland Security expects the 
     recommendation to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (2) Report on comprehensive screening system.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall submit to the relevant congressional committees a 
     report on the implementation of a comprehensive screening 
     program, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of Transportation expects the 
     recommendation to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (3) Report on the director of national intelligence.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the relevant congressional 
     committees a report on the Director of National Intelligence, 
     as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Director expects the recommendation to be 
     fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (4) Report on the national counterterrorism center.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the relevant congressional 
     committees a report on the establishment of the National 
     Counterterrorism Center, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Director expects the recommendation to be 
     fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (5) Report on the new mission of the director of the 
     central intelligence agency.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Central 
     Intelligence Agency shall submit to the relevant 
     congressional committees a report on the new mission of the 
     Director of the Central Intelligence Agency, as recommended 
     by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Director expects the recommendation to be 
     fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (6) Report on homeland airspace defense.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall submit to the relevant congressional committees a 
     report on homeland airspace defense, as recommended by the 
     Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of Homeland Security expects the 
     recommendation to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (7) Report on balance between security and civil 
     liberties.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Attorney General shall submit 
     to the relevant congressional committees a report on the 
     balance between security and civil liberties, as recommended 
     by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Attorney General expects the recommendation 
     to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (8) Report on privacy guidelines for government sharing of 
     personal information.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Attorney General shall submit 
     to the relevant congressional committees a report outlining 
     the privacy guidelines for government sharing of personal 
     information, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Attorney General expects the recommendation 
     to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (9) Report on the standardization of security clearances.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of the Office of 
     Management and Budget shall submit to the relevant 
     congressional committees a report on the standardization of 
     security clearances, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Director expects the recommendation to be 
     fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (10) Report on coalition standards for terrorism 
     detention.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the Attorney General, shall submit to the 
     relevant congressional committees a report on current efforts 
     to develop a common coalition approach toward the detention 
     and humane treatment of captured terrorists, as recommended 
     by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;

[[Page S9515]]

       (ii) when the Secretary of State expects the recommendation 
     to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (11) Report on use of economic policies to combat 
     terrorism.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     consultation with the United States Trade Representative, 
     shall submit to the relevant congressional committees a 
     report on the development of economic policies to combat 
     terrorism, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of State expects the recommendation 
     to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (12) Report on efforts against terrorist financing.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of the Treasury, 
     shall submit to the relevant congressional committees a 
     report on efforts taken against terrorist financing, as 
     recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of the Treasury expects the 
     recommendation to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (13) Report on international collaboration on borders and 
     document security.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     submit to the relevant congressional committees a report 
     international collaboration on borders and document security, 
     as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of Homeland Security expects the 
     recommendation to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (14) Report on the standardization of secure 
     identification.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Health and Human Services shall each 
     submit to the relevant congressional committees a report on 
     the standardization of secure identification, as recommended 
     by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of Homeland Security or the 
     Secretary of Health and Human Services expects the 
     recommendation to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (15) Report on private sector preparedness.--Not later than 
     90 days after the date of the enactment of this Act, the 
     Comptroller General of the United States shall submit to the 
     relevant congressional committees a report outlining the 
     steps that have been taken to enhance private sector 
     preparedness for terrorist attacks, as recommended by the 
     Commission.
       (16) Report on national strategy for transportation 
     security.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall submit to the relevant congressional committees a 
     report on the establishment of a national strategy for 
     transportation security, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of Transportation expects the 
     recommendation to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.
       (17) Report on airline passenger pre-screening.--
       (A) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall submit to the relevant congressional committees a 
     report on improvements made to airline passenger pre-
     screening, as recommended by the Commission.
       (B) Contents.--The report under this paragraph shall 
     include either a certification that such recommendation has 
     been implemented, or, in the alternative, a description of--
       (i) what steps have been taken to achieve the 
     recommendation;
       (ii) when the Secretary of Transportation expects the 
     recommendation to be fully implemented; and
       (iii) any allocation of resources necessary to fully 
     implement the recommendation.

                                 ______
                                 
  SA 4976. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. MAN-PORTABLE AIR DEFENSE SYSTEMS.

       (a) In General.--It is the sense of Congress that the 
     budget of the United States Government submitted by the 
     President for fiscal year 2008 under section 1105(a) of title 
     31, United States Code, should include an acquisition fund 
     for the procurement and installation of countermeasure 
     technology, proven through the successful completion of 
     operational test and evaluation, to protect commercial 
     aircraft from the threat of Man-Portable Air Defense systems 
     (MANPADS).
       (b) Definition of MANPADS.--In this section, the term 
     ``MANPADS'' means--
       (1) a surface-to-air missile system designed to be man-
     portable and carried and fired by a single individual; and
       (2) any other surface-to-air missile system designed to be 
     operated and fired by more than one individual acting as a 
     crew and portable by several individuals.
                                 ______
                                 
  SA 4977. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. 501. APPLICATION TO LAND PORTS.

       The provisions of sections 203, 204, and 303 shall also 
     apply with respect to land ports of entry.
                                 ______
                                 
  SA 4978. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BLAST-RESISTANT CONTAINERS.

       Section 41704 of title 49, United States Code, is amended 
     by adding at the end the following: ``Each aircraft used to 
     provide air transportation for individuals and their baggage 
     or other cargo shall be equipped with not less than 1 
     hardened, blast-resistant cargo container.''.
                                 ______
                                 
  SA 4979. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY OF UNSAFE PESTICIDE CHEMICAL RESIDUES IN 
                   GINSENG AND PRODUCTS CONTAINING GINSENG.

       (a) In General.--The Food and Drug Administration, in 
     cooperation with the United States Customs and Border 
     Protection, shall--
       (1) conduct a study on the levels of pesticide chemical 
     residue, as such term is defined in section 201(q)(2) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(q)(2)), 
     in ginseng and products containing ginseng; and
       (2) submit to Congress a report that describes the findings 
     of such study.
       (b) Content and Design.--The study conducted under 
     subsection (a) shall--
       (1) compare the pesticide chemical residue in ginseng that 
     is known to be foreign-grown with such residue in ginseng 
     that is known to be domestically-grown;
       (2) sample and test retail and wholesale samples, both in 
     warehouses and at the ports of entry into the United States, 
     of raw ginseng and products containing ginseng for pesticide 
     chemical residue and, if possible, determine the prevalence 
     of ginseng and products containing ginseng that are 
     mislabeled as grown in the United States or in Wisconsin;
       (3) be designed to ensure that the samples of ginseng and 
     products containing ginseng that are collected from retail 
     and wholesale establishments may also be used as part of 
     potential enforcement actions if the Food and Drug 
     Administration, in cooperation with the United States Customs 
     and Border Protection, finds that the level of pesticide 
     chemical residue in such ginseng or products is unsafe; and

[[Page S9516]]

       (4) assess and identify whether ginseng and products 
     containing ginseng are imported into the United States by 
     being classified under an improper heading under the 
     Harmonized Tariff Schedule of the United States.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 4980. Ms. STABENOW submitted an amendment intended to be proposed 
by her to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY 
                   GRANTS.

       (a) In General.--The Secretary, through the Office of 
     Domestic Preparedness of the Office of State and Local 
     Government Preparedness and Coordination, may make grants to 
     States, eligible regions, and local governments for 
     initiatives necessary to improve emergency communications 
     capabilities and to achieve short-term or long-term solutions 
     to statewide, regional, national, and, where appropriate, 
     international interoperability.
       (b) Use of Grant Funds.--A grant awarded under subsection 
     (a) may be used for initiatives to enhance interoperable 
     communications within the State or region and to assist with 
     any aspect of the interoperable communications life cycle, 
     including--
       (1) statewide or regional communications planning, as it 
     relates to the implementation of the National Incident 
     Management System;
       (2) system design and engineering;
       (3) procurement and installation of equipment;
       (4) training exercises;
       (5) modeling and simulation exercises for operational 
     command and control functions; and
       (6) other activities determined by the Secretary to be 
     integral to the achievement of emergency communications 
     capabilities and communications interoperability.
       (c) Definitions.--In this section--
       (1) the term ``eligible region'' means--
       (A) 2 or more contiguous incorporated municipalities, 
     counties, parishes, Indian tribes, or other general purpose 
     jurisdictions that--
       (i) have joined together to enhance emergency 
     communications capabilities or communications 
     interoperability between emergency response providers in 
     those jurisdictions and with State and Federal officials; and
       (ii) includes the largest city in any metropolitan 
     statistical area or metropolitan division, as those terms are 
     defined by the Office of Management and Budget; or
       (B) any other area the Secretary determines to be 
     consistent with the definition of a region in the national 
     preparedness guidance issued under Homeland Security 
     Presidential Directive 8; and
       (2) the terms ``emergency response providers'' and ``local 
     government'' have the meanings given the terms in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $1,000,000,000 for each of fiscal years 2007 through 
     2011; and
       (2) such sums as are necessary for each fiscal year 
     thereafter.
                                 ______
                                 
  SA 4981. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL EMERGENCY TELEMEDICAL COMMUNICATIONS.

       (a) Telehealth Task Force.--
       (1) Establishment.--The Secretary of Commerce, in 
     consultation with the Secretary of Homeland Security and the 
     Secretary of Health and Human Services, shall establish a 
     task force to be known as the ``National Emergency Telehealth 
     Network Task Force'' (referred to in this subsection as the 
     ``Task Force'') to advise the Secretary of Commerce on the 
     use of telehealth technologies to prepare for, monitor, 
     respond to, and manage the events of a biological, chemical, 
     or nuclear terrorist attack or other public health 
     emergencies.
       (2) Functions.--The Task Force shall--
       (A) conduct an inventory of existing telehealth 
     initiatives, including--
       (i) the specific location of network components;
       (ii) the medical, technological, and communications 
     capabilities of such components; and
       (iii) the functionality of such components;
       (B) make recommendations for use by the Secretary of 
     Commerce in establishing standards for regional 
     interoperating and overlapping information and operational 
     capability response grids in order to achieve coordinated 
     capabilities based on responses among Federal, State, and 
     local responders;
       (C) recommend any changes necessary to integrate technology 
     and clinical practices;
       (D) recommend to the Secretary of Commerce acceptable 
     standard clinical information that could be uniformly applied 
     and available throughout a national telemedical network and 
     tested in the regional networks;
       (E) research, develop, test, and evaluate administrative, 
     physical, and technical guidelines for protecting the 
     confidentiality, integrity, and availability of regional 
     networks and all associated information and advise the 
     Secretary of Commerce on issues of patient data security, and 
     compliance with all applicable regulations;
       (F) in consultation and coordination with the regional 
     telehealth networks established under subsection (b), test 
     such networks for their ability to provide support for the 
     existing and planned efforts of State and local law 
     enforcement, fire departments, health care facilities, Indian 
     Health Service clinics, and Federal and State public health 
     agencies to prepare for, monitor, respond rapidly to, or 
     manage the events of a biological, chemical, or nuclear 
     terrorist attack or other public health emergencies with 
     respect to each of the functions listed in subparagraphs (A) 
     through (H) of subsection (b)(3); and
       (G) facilitate the development of training programs for 
     responders and a mechanism for training via enhanced advanced 
     distributive learning.
       (3) Membership.--The Task Force shall include 
     representation from--
       (A) relevant Federal agencies;
       (B) relevant tribal, State, and local government agencies 
     including public health officials;
       (C) professional associations specializing in health care; 
     and
       (D) other relevant private sector organizations, including 
     public health and national telehealth organizations and 
     representatives of academic and corporate information 
     management and information technology organizations.
       (4) Meetings and reports.--
       (A) Meetings.--The Task Force shall meet as the Secretary 
     of Commerce may direct.
       (B) Report.--
       (i) In general.--Not later than 3 years after the date of 
     enactment of this Act the Task Force shall prepare and submit 
     a report to Congress regarding the activities of the Task 
     Force.
       (ii) Contents.--The report described in clause (i) shall 
     recommend, based on the information obtained from the 
     regional telehealth networks established under subsection 
     (b), whether and how to build on existing telehealth networks 
     to develop a National Emergency Telehealth Network.
       (5) Implementation.--The Task Force may carry out 
     activities under this subsection in cooperation with other 
     entities, including national telehealth organizations.
       (6) Termination.--The Task Force shall terminate upon 
     submission of the final report required under paragraph 
     (4)(B).
       (b) Establishment of State and Regional Telehealth 
     Networks.--
       (1) Program authorized.--
       (A) In general.--The Secretary of Commerce, in consultation 
     with the Secretary of Homeland Security and the Secretary of 
     Health and Human Services, is authorized to award grants to 3 
     regional consortia of States to carry out pilot programs for 
     the development of statewide and regional telehealth network 
     testbeds that build on, enhance, and securely link existing 
     State and local telehealth programs.
       (B) Duration.--The Secretary of Commerce may award grants 
     under this subsection for a period not to exceed 3 years. 
     Such grants may be renewed.
       (C) State consortium plans.--Each regional consortium of 
     States desiring to receive a grant under subparagraph (A) 
     shall submit to the Secretary of Commerce a plan that 
     describes how such consortium shall--
       (i) interconnect existing telehealth systems in a 
     functional and seamless fashion to enhance the ability of the 
     States in the region to prepare for, monitor, respond to, and 
     manage the events of a biological, chemical, or nuclear 
     terrorist attack or other public health emergencies or 
     natural disasters; and
       (ii) link to other participating States in the region via a 
     standard interoperable connection using standard information.
       (D) Priority.--In making grants under this subsection, the 
     Secretary of Commerce shall give priority to regional 
     consortia of States that demonstrate--
       (i) the interest and participation of a broad cross section 
     of relevant entities, including public health offices, 
     emergency preparedness offices, and health care providers;
       (ii) the ability to connect major population centers as 
     well as isolated border, rural, and frontier communities 
     within the region to provide medical, public health, and 
     emergency services in response to a biological, chemical, or 
     nuclear terrorist attack or other public health emergencies;
       (iii) an existing telehealth and telecommunications 
     infrastructure that connects relevant State agencies, health 
     care providers, universities, relevant tribal agencies, and 
     relevant Federal agencies; and
       (iv) the ability to quickly complete development of a 
     region-wide interoperable emergency telemedical network to 
     expand communications and service capabilities and facilitate 
     coordination among multiple medical, public health, and 
     emergency response agencies, and the ability to test 
     recommendations of the task force established under 
     subsection (a) within 3 years.
       (2) Regional networks.--A consortium of States awarded a 
     grant under paragraph (1) shall develop a regional telehealth 
     network to support emergency response activities and

[[Page S9517]]

     provide medical services by linking established telehealth 
     initiatives within the region to and with the following:
       (A) First responders, such as police, firefighters, and 
     emergency medical service providers.
       (B) Front line health care providers, including hospitals, 
     emergency medical centers, medical centers of the Department 
     of Defense and the Department of Veterans Affairs, and 
     public, private, community, rural, and Indian Health Service 
     clinics.
       (C) State and local public health departments, offices of 
     rural health, and relevant Federal agencies.
       (D) Experts on public health, bioterrorism, nuclear safety, 
     chemical weapons and other relevant disciplines.
       (E) Other relevant entities as determined appropriate by 
     such consortium.
       (3) Functions of the networks.--Once established, a 
     regional telehealth network under this subsection shall test 
     the feasibility of recommendations (including recommendations 
     relating to standard clinical information, operational 
     capability, and associated technology and information 
     standards) described in subparagraphs (B) through (E) of 
     subsection (a)(2), and provide reports to the task force 
     established under subsection (a), on such network's ability, 
     in preparation of and in response to a biological, chemical, 
     or nuclear terrorist attack or other public health 
     emergencies, to support each of the following functions:
       (A) Rapid emergency response and coordination.
       (B) Real-time data collection for information 
     dissemination.
       (C) Environmental monitoring.
       (D) Early identification and monitoring of biological, 
     chemical, or nuclear exposures.
       (E) Situationally relevant expert consultative services for 
     patient care and front-line responders.
       (F) Training of responders.
       (G) Development of an advanced distributive learning 
     network.
       (H) Distance learning for the purposes of medical and 
     clinical education, and simulation scenarios for ongoing 
     training.
       (4) Requirements.--In awarding a grant under paragraph (1), 
     the Secretary of Commerce may--
       (A) require that each regional network adopt common 
     administrative, physical, and technical approaches for 
     seamless interoperability and to protect the network's 
     confidentiality, integrity, and availability, taking into 
     consideration guidelines developed by the task force 
     established under subsection (a); and
       (B) require that each regional network inventory and report 
     to the task force established under subsection (a), the 
     technology and technical infrastructure available to such 
     network.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section, such sums as may be necessary for 
     each of fiscal years 2007, 2008, and 2009. Amounts made 
     available under this paragraph shall remain available until 
     expended.
       (2) Limit on administrative expenses.--Not more than 5 
     percent of the amount made available for each fiscal year 
     under paragraph (1) shall be used for Task Force 
     administrative costs.
                                 ______
                                 
  SA 4982. Mr. COLEMAN (for himself, Ms. Collins, and Mr. Stevens) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4954, to improve maritime and cargo security through enhanced layered 
defenses, and for other purposes; as follows:

       On page 66, before line 9, insert the following:

     SEC. 233. SCREENING AND SCANNING OF CARGO CONTAINERS.

       (a) 100 Percent Screening of Cargo Containers and 100 
     Percent Scanning of High-Risk Containers.--
       (1) Screening of cargo containers.--The Secretary shall 
     ensure that 100 percent of the cargo containers entering the 
     United States through a seaport undergo a screening to 
     identify high-risk containers.
       (2) Scanning of high-risk containers.--The Secretary shall 
     ensure that 100 percent of the containers that have been 
     identified as high-risk are scanned before such containers 
     leave a United States seaport facility.
       (b) Full-Scale Implementation.--The Secretary, in 
     coordination with the Secretary of Energy and foreign 
     partners, shall fully deploy integrated scanning systems to 
     scan all containers entering the United States before such 
     containers arrive in the United States as soon as the 
     Secretary determines that the integrated scanning system--
       (1) meets the requirements set forth in section 231(c);
       (2) has a sufficiently low false alarm rate for use in the 
     supply chain;
       (3) is capable of being deployed and operated at ports 
     overseas;
       (4) is capable of integrating, as necessary, with existing 
     systems;
       (5) does not significantly impact trade capacity and flow 
     of cargo at foreign or United States ports; and
       (6) provides an automated notification of questionable or 
     high-risk cargo as a trigger for further inspection by 
     appropriately trained personnel.
       (c) Report.--Not later than 6 months after the submission 
     of a report under section 231(d), and every 6 months 
     thereafter, the Secretary shall submit a report to the 
     appropriate congressional committees describing the status of 
     full-scale deployment under subsection (b) and the cost of 
     deploying the system at each foreign port.
                                 ______
                                 
  SA 4983. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 20, between lines 8 and 9, insert the following:
       (d) Container Scanning Technology Grant Program.--
       (1) Nuclear and radiological detection devices.--Section 
     70107(m)(1)(C) of title 46, United States Code, as 
     redesignated by subsection (b), is amended by inserting ``, 
     underwater or water surface devices, devices that can be 
     mounted on cranes and straddle cars used to move cargo within 
     ports, and scanning and imaging technology'' before the 
     semicolon at the end.
       (2) Container security research trust fund.--
       (A) Authorization.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     system for collecting an additional fee from shippers of 
     containers entering the United States in an amount sufficient 
     to fully fund the grant program established under this 
     section. All amounts collected pursuant to this subparagraph 
     shall be deposited into the Container Security Research Trust 
     Fund.
       (B) Container security research trust fund.--There is 
     established in the Treasury of the United States a trust 
     fund, to be known as the ``Container Security Research Trust 
     Fund'', consisting of such amounts as are collected pursuant 
     to subparagraph (A).
       (3) Use of funds.--Amounts in the Container Security 
     Research Trust Fund shall be used for grants to be awarded in 
     a competitive process to public or private entities for the 
     purpose of researching and developing nuclear and 
     radiological detection equipment described in section 
     70107(m)(1)(C) of title 46, United States Code, as amended by 
     this section.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated a total of $500,000,000 for fiscal years 
     2007 through 2009 for the purpose of researching and 
     developing nuclear and radiological detection equipment 
     described in section 70107(m)(1)(C) of title 46, United 
     States Code, as amended by this section.
                                 ______
                                 
  SA 4984. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, insert the following:

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. APPLICATION TO LAND PORTS.

       The provisions of sections 201, 211, 301, 303, and 431 also 
     apply with respect to land ports of entry.
                                 ______
                                 
  SA 4985. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. AIR AND MARINE OPERATIONS OF THE NORTHERN BORDER AIR 
                   WING.

       In addition to any other amounts authorized to be 
     appropriated for Air and Marine Operations of United States 
     Customs and Border Protection, there are authorized to be 
     appropriated for fiscal year 2007 for operating expenses of 
     the Northern Border Air Wing--
       (1) $40,000,000 for the branch in Great Falls, Montana;
       (2) $40,000,000 for the branch in Bellingham, Washington;
       (3) $40,000,000 for the branch in Plattsburgh, New York;
       (4) $40,000,000 for the branch in Grand Forks, North 
     Dakota; and
       (5) $40,000,000 for the branch in Detroit, Michigan.
                                 ______
                                 
  SA 4986. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the bill, insert the following:

                        TITLE V--METHAMPHETAMINE

     SEC. 501. METHAMPHETAMINE AND METHAMPHETAMINE PRECURSOR 
                   CHEMICALS.

       (a) Compliance With Performance Plan Requirements.--For 
     each of the fiscal years of 2007 through 2011, as part of the 
     annual performance plan required in the budget submission of 
     the Bureau of Customs and Border Protection under section 
     1115 of title 31, United States Code, the Commissioner of 
     Customs shall establish performance indicators relating to 
     the seizure of methamphetamine and methamphetamine precursor

[[Page S9518]]

     chemicals in order to evaluate the performance goals of the 
     Bureau with respect to the interdiction of illegal drugs 
     entering the United States.
       (b) Study and Report Relating to Methamphetamine and 
     Methamphetamine Precursor Chemicals.--
       (1) Analysis.--The Commissioner of Customs shall, on an 
     annual basis, analyze the movement of methamphetamine and 
     methamphetamine precursor chemicals into the United States. 
     In conducting the analysis, the Commissioner shall--
       (A) consider the entry of methamphetamine and 
     methamphetamine precursor chemicals through ports of entry, 
     between ports of entry, through the mails, and through 
     international courier services;
       (B) examine the export procedures of each foreign country 
     where the shipments of methamphetamine and methamphetamine 
     precursor chemicals originate and determine if changes in the 
     country's customs over time provisions would alleviate the 
     export of methamphetamine and methamphetamine precursor 
     chemicals; and
       (C) identify emerging trends in smuggling techniques and 
     strategies.
       (2) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and annually thereafter, the 
     Commissioner shall submit a report to the Committee on 
     Finance and the Committee on Foreign Relations of the Senate, 
     and the Committee on Ways and Means and the Committee on 
     International Relations of the House of Representatives, that 
     includes--
       (A) the analysis described in paragraph (1); and
       (B) the Bureau's utilization of the analysis to target 
     shipments presenting a high risk for smuggling or 
     circumvention of the Combat Methamphetamine Epidemic Act of 
     2005 (Public Law 109-177).
       (3) Availability of analysis.--The Commissioner shall 
     ensure that the analysis described in paragraph (1) is made 
     available in a timely manner to the Secretary of State to 
     facilitate the Secretary in fulfilling the Secretary's 
     reporting requirements in section 722 of the Combat 
     Methamphetamine Epidemic Act of 2005.
                                 ______
                                 
  SA 4987. Mr. LAUTENBERG (for himself, Mr. Obama, Mr. Kerry, Mr. 
Biden, Mr. Menendez, Mr. Durbin, Mrs. Boxer, and Mr. Jeffords) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4954, to improve maritime and cargo security through enhanced layered 
defenses, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

               TITLE V--REGULATION OF CHEMICAL FACILITIES

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Chemical Facility Anti-
     Terrorism Act of 2006''.

     SEC. 502. REGULATION OF CHEMICAL FACILITIES.

       (a) In General.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by adding at the end the 
     following:

            ``TITLE XVIII--REGULATION OF CHEMICAL FACILITIES

     ``SEC. 1801. DEFINITIONS.

       ``In this title, the following definitions apply:
       ``(1) Chemical facility security measure.--The term 
     `chemical facility security measure' means any action taken 
     to ensure or enhance the security of a chemical facility 
     against a chemical facility terrorist incident, including--
       ``(A) employee background checks;
       ``(B) employee training;
       ``(C) personnel security measures;
       ``(D) the limitation and prevention of access to controls 
     of the chemical facility;
       ``(E) protection of the perimeter of the chemical facility 
     or the portion or sector within the facility in which a 
     substance of concern is stored, used or handled, utilizing 
     fences, barriers, guards, or other means;
       ``(F) installation and operation of cameras or other 
     intrusion detection sensors;
       ``(G) the implementation of measures to increase computer 
     or computer network security;
       ``(H) contingency and evacuation plans;
       ``(I) the relocation or hardening of storage or containment 
     equipment; and
       ``(J) other security measures to prevent, protect against, 
     or reduce the consequences of a chemical facility terrorist 
     incident.
       ``(2) Chemical facility terrorist incident.--The term 
     `chemical facility terrorist incident' means--
       ``(A) an act of terrorism committed against a chemical 
     facility;
       ``(B) the release of a substance of concern from a chemical 
     facility into the surrounding area as a consequence of an act 
     of terrorism; or
       ``(C) the obtaining of a substance of concern by any person 
     for the purposes of releasing the substance off-site in 
     furtherance of an act of terrorism.
       ``(3) Environment.--The term `environment' has the meaning 
     given the term in section 101 of the Comprehensive 
     Environmental Response Compensation and Liability Act of 1980 
     (42 U.S.C. 9601).
       ``(4) Owner or operator of a chemical facility.--The term 
     `owner or operator of a chemical facility' means any person 
     who owns, leases, or operates a chemical facility.
       ``(5) Release.--The term `release' has the meaning given 
     the term in section 101 of the Comprehensive Environmental 
     Response Compensation and Liability Act of 1980 (42 U.S.C. 
     9601).
       ``(6) Substance of concern.--The term `substance of 
     concern' means a chemical substance in quantity and form 
     that--
       ``(A) is listed under paragraph (3) of section 112(r) of 
     the Clean Air Act (42 U.S.C. 7412(r)) and has not been 
     exempted from designation as a substance of concern by the 
     Secretary under section 1802(a); or
       ``(B) is designated by the Secretary by regulation in 
     accordance with section 1802(a).

     ``SEC. 1802. DESIGNATION AND RANKING OF CHEMICAL FACILITIES.

       ``(a) Substances of Concern.--
       ``(1) Designation by the secretary.--The Secretary may--
       ``(A) designate any chemical substance as a substance of 
     concern;
       ``(B) exempt any chemical substance from being designated 
     as a substance of concern;
       ``(C) establish and revise, for purposes of making 
     determinations under subsection (b), the threshold quantity 
     for a chemical substance; or
       ``(D) require the submission of information with respect to 
     the quantities of substances of concern that are used, 
     stored, manufactured, processed, or distributed by any 
     chemical facility.
       ``(2) Matters for consideration.--
       ``(A) In general.--In designating or exempting a chemical 
     substance or establishing or adjusting the threshold quantity 
     for a chemical substance under paragraph (1), the Secretary 
     shall consider the potential extent of death, injury, or 
     serious adverse effects to human health, the environment, 
     critical infrastructure, national security, the national 
     economy, or public welfare that would result from a terrorist 
     release of the chemical substance.
       ``(B) Adoption of certain threshold quantities.--The 
     Secretary may adopt the threshold quantity established under 
     paragraph (5) of subsection (r) of section 112 of the Clean 
     Air Act (42 U.S.C. 7412(r)(5)) for any substance of concern 
     that is also listed under paragraph (3) of that subsection.
       ``(b) List of Significant Chemical Facilities.--
       ``(1) In general.--The Secretary shall maintain a list of 
     significant chemical facilities in accordance with this 
     subsection.
       ``(2) Required facilities.--The Secretary shall include on 
     the list maintained under paragraph (1) a chemical facility 
     that has more than the threshold quantity established by the 
     Secretary of any substance of concern.
       ``(3) Authority to designate chemical facilities.--The 
     Secretary may designate a chemical facility not required to 
     be included under paragraph (2) as a significant chemical 
     facility and shall include such a facility on the list 
     maintained under paragraph (1). In designating a chemical 
     facility under this paragraph, the Secretary shall use the 
     following criteria:
       ``(A) The potential threat or likelihood that the chemical 
     facility will be the target of terrorism.
       ``(B) The potential extent and likelihood of death, injury 
     or serious adverse effects to human health and safety or to 
     the environment that could result from a chemical facility 
     terrorist incident.
       ``(C) The proximity of the chemical facility to population 
     centers.
       ``(D) The potential threat caused by a person obtaining a 
     substance of concern in furtherance of an act of terrorism.
       ``(E) The potential harm to critical infrastructure, 
     national security, and the national economy from a chemical 
     facility terrorist incident.
       ``(c) Assignment of Chemical Facilities to Risk-Based 
     Tiers.--
       ``(1) Assignment.--The Secretary shall assign each chemical 
     facility on the list of significant chemical facilities under 
     subsection (b) to one of at least four risk-based tiers 
     established by the Secretary.
       ``(2) Provision of information.--The Secretary may request, 
     and the owner or operator of a chemical facility shall 
     provide, information necessary for the Secretary to assign a 
     chemical facility to the appropriate tier under paragraph 
     (1).
       ``(3) Notification.--Not later than 60 days after assigning 
     a chemical facility to a tier under this subsection, the 
     Secretary shall notify the chemical facility of the tier to 
     which the facility is assigned and shall provide the facility 
     with the reasons for assignment of the facility to such tier.
       ``(4) High-risk chemical facilities.--At least one of the 
     tiers established by the Secretary for the assignment of 
     chemical facilities under this subsection shall be a tier 
     designated for high-risk chemical facilities.
       ``(d) Periodic Review of List of Chemical Facilities.--
       ``(1) Requirement.--Not later than 3 years after the date 
     on which the Secretary develops the list of significant 
     chemical facilities under subsection (b)(1) and every 3 years 
     thereafter, the Secretary shall--
       ``(A) consider the criteria under subsection (b)(3); and
       ``(B) determine whether to add a chemical facility to the 
     list of significant chemical facilities maintained under 
     subsection (b)(1) or to remove or change the tier assignment 
     of any chemical facility on such list.
       ``(2) Authority to review.--The Secretary may, at any time, 
     after considering the criteria under subsections (b)(2) and 
     (b)(3), add a chemical facility to the list of significant

[[Page S9519]]

     chemical facilities maintained under subsection (b)(1) or 
     remove or change the tier assignment of any chemical facility 
     on such list.
       ``(3) Notification.--Not later than 30 days after the date 
     on which the Secretary adds a facility to the list of 
     significant chemical facilities maintained by the Secretary 
     under subsection (b)(1), removes a facility from such list, 
     or changes the tier assignment of any facility on such list, 
     the Secretary shall notify the owner of that facility of that 
     addition, removal, or change.

     ``SEC. 1803. VULNERABILITY ASSESSMENTS AND FACILITY SECURITY 
                   PLANS.

       ``(a) Vulnerability Assessment and Facility Security Plan 
     Required for Chemical Facilities.--
       ``(1) Requirement for vulnerability assessment and security 
     plan.--
       ``(A) Regulations required.--The Secretary shall prescribe 
     regulations to--
       ``(i) establish standards, protocols, and procedures for 
     vulnerability assessments and facility security plans to be 
     required for chemical facilities on the list maintained by 
     the Secretary under section 1802(b)(1);
       ``(ii) require the owner or operator of each such facility 
     to--

       ``(I) conduct an assessment of the vulnerability of the 
     chemical facility to a chemical facility terrorist incident;
       ``(II) prepare and implement a facility security plan that 
     addresses the results of the vulnerability assessment; and
       ``(III) consult with the appropriate employees of the 
     facility in developing the vulnerability assessment and 
     security plan required under this section; and

       ``(iii) set deadlines for the completion of vulnerability 
     assessments and facility security plans, such that all such 
     plans and assessments are completed and submitted to the 
     Secretary for approval no later than 3 years after final 
     regulations are issued under this paragraph.
       ``(B) Deadline for high-risk chemical facilities.--The 
     owner or operator of a facility assigned to the high-risk 
     tier under section 1802(c)(4) shall submit to the Secretary a 
     vulnerability assessment and facility security plan not later 
     than 6 months after the date on which the Secretary 
     prescribes regulations under this subsection.
       ``(2) Criteria for regulations.--The regulations required 
     under paragraph (1) shall--
       ``(A) be risk-based;
       ``(B) be performance-based; and
       ``(C) take into consideration--
       ``(i) the cost and technical feasibility of compliance by a 
     chemical facility with the requirements under this title;
       ``(ii) the different quantities and forms of substances of 
     concern stored, used, and handled at chemical facilities; and
       ``(iii) the matters for consideration under section 
     1802(a)(2).
       ``(3) Provision of assistance and guidance.--The Secretary 
     shall provide assistance and guidance to a chemical facility 
     conducting a vulnerability assessment or facility security 
     plan required under this section.
       ``(b) Minimum Requirements for High-Risk Chemical 
     Facilities.--
       ``(1) Requirements for vulnerability assessments.--In the 
     case of a facility assigned to the high-risk tier under 
     section 1802(c)(4), the Secretary shall require that the 
     vulnerability assessment required under this section include 
     each of the following:
       ``(A) The identification of any hazard that could result 
     from a chemical facility terrorist incident at the facility.
       ``(B) The number of individuals at risk of death, injury, 
     or severe adverse effects to human health as a result of a 
     chemical facility terrorist incident at the facility.
       ``(C) Information related to the criticality of the 
     facility for purposes of assessing the degree to which the 
     facility is critical to the economy or national security of 
     the United States.
       ``(D) The proximity or interrelationship of the facility to 
     other critical infrastructure.
       ``(E) Any vulnerability of the facility with respect to--
       ``(i) physical security;
       ``(ii) programmable electronic devices, computers, computer 
     or communications networks, or other automated systems used 
     by the facility;
       ``(iii) alarms, cameras, and other protection systems;
       ``(iv) communication systems;
       ``(v) any utility or infrastructure (including 
     transportation) upon which the facility relies to operate 
     safely and securely; or
       ``(vi) the structural integrity of equipment for storage, 
     handling, and other purposes.
       ``(F) Any information relating to threats relevant to the 
     facility that is provided by the Secretary in accordance with 
     paragraph (3).
       ``(G) Such other information as the Secretary determines is 
     appropriate.
       ``(2) Requirements for facility security plans.--In the 
     case of a facility assigned to the high-risk tier under 
     section 1802(c)(4), the Secretary shall require that the 
     facility security plan required under this section include 
     each of the following:
       ``(A) Chemical facility security measures to address the 
     vulnerabilities of the facility to a chemical facility 
     terrorist incident.
       ``(B) A plan for periodic drills and exercises to be 
     conducted at the facility that include participation by 
     facility employees, local law enforcement agencies, and first 
     responders, as appropriate.
       ``(C) Equipment, plans, and procedures to be implemented or 
     used by or at the chemical facility in the event of a 
     chemical facility terrorist incident that affects the 
     facility, including site evacuation, release mitigation, and 
     containment plans.
       ``(D) An identification of any steps taken to coordinate 
     with State and local law enforcement agencies, first 
     responders, and Federal officials on security measures and 
     plans for response to a chemical facility terrorist incident.
       ``(E) Specify the security officer who will be the point of 
     contact for the National Incident Management System and for 
     Federal, State, and local law enforcement and first 
     responders.
       ``(F) A description of enhanced security measures during 
     periods of time when the Secretary determines that heightened 
     threat conditions exist.
       ``(3) Provision of threat-related information.--The 
     Secretary shall provide in a timely manner, to the maximum 
     extent practicable under applicable authority and in the 
     interests of national security, to an owner or operator of a 
     facility assigned to the high-risk tier under section 
     1802(c)(4), threat information that is relevant to the 
     facility, including an assessment of the most likely method 
     that could be used by terrorists to exploit any 
     vulnerabilities of the facility and the likelihood of the 
     success of such method.
       ``(4) Red team exercises.--The Secretary shall conduct red 
     team exercises at facilities selected by the Secretary that 
     have been assigned to the high-risk tier under section 
     1802(c)(4) such that all chemical facilities designated under 
     that section will undergo a red team exercise during the six-
     year period that begins on the date on which the Secretary 
     prescribes regulations to carry out this title. The exercises 
     shall be--
       ``(A) conducted after informing the owner or operator of 
     the facility selected; and
       ``(B) designed to identify at each selected facility--
       ``(i) any vulnerabilities of the facility;
       ``(ii) possible modes by which the facility could be 
     attacked; and
       ``(iii) any weaknesses in the security plan of the 
     facility.
       ``(c) Security Performance Requirements.--
       ``(1) In general.--The Secretary shall establish security 
     performance requirements for the facility security plans 
     required to be prepared by chemical facilities assigned to 
     each risk-based tier established under section 1802(c). The 
     requirements shall--
       ``(A) require separate and increasingly stringent security 
     performance requirements for facility security plans as the 
     level of risk associated with the tier increases; and
       ``(B) permit each chemical facility submitting a facility 
     security plan to select a combination of chemical facility 
     security measures that satisfy the security performance 
     requirements established by the Secretary under this 
     subsection.
       ``(2) Criteria.--In establishing the security performance 
     requirements under paragraph (1), the Secretary shall 
     consider the criteria under subsection (a)(2).
       ``(3) Guidance.--The Secretary shall provide guidance to 
     each chemical facility on the list maintained by the 
     Secretary under section 1802(b)(1) regarding the types of 
     chemical facility security measures that, if applied, could 
     satisfy the requirements under this section.
       ``(d) Co-Located Chemical Facilities.--The Secretary shall 
     allow the owners or operators of two or more chemical 
     facilities that are located geographically close to each 
     other or otherwise co-located to develop and implement 
     coordinated vulnerability assessments and facility security 
     plans, at the discretion of the owner or operator of the 
     chemical facilities.
       ``(e) Procedures, Protocols, and Standards Satisfying 
     Requirements for Vulnerability Assessment and Security 
     Plan.--
       ``(1) Determination by the secretary.--In response to a 
     petition by any person, or at the discretion of the 
     Secretary, the Secretary may endorse or recognize procedures, 
     protocols, and standards that the Secretary determines meet 
     all or part of the requirements of this section.
       ``(2) Use of procedures, protocols, and standards.--
       ``(A) Use by individual facilities.--Upon review and 
     written determination by the Secretary under paragraph (1) 
     that the procedures, protocols, or standards of a chemical 
     facility subject to the requirements of this section satisfy 
     some or all of the requirements of this section, the chemical 
     facility may elect to comply with those procedures, 
     protocols, or standards.
       ``(B) Use by classes of facilities.--At the discretion of 
     the Secretary, the Secretary may identify a class or category 
     of chemical facilities subject to the requirements of this 
     section that may use the procedures, protocols, or standards 
     recognized under this section in order to comply with all or 
     part of the requirements of this section.
       ``(3) Partial endorsement or recognition.--If the Secretary 
     finds that a procedure, protocol, or standard satisfies only 
     part of the requirements of this section, the Secretary may 
     allow a chemical facility subject to the requirements of this 
     section to comply with that procedure, protocol, or standard 
     for purposes of that requirement, but shall require the 
     facility to submit of any additional information required to 
     satisfy the requirements of this section not met by that 
     procedure, protocol, or standard.

[[Page S9520]]

       ``(4) Notification.--If the Secretary does not endorse or 
     recognize a procedure, protocol, or standard for which a 
     petition is submitted under paragraph (1), the Secretary 
     shall provide to the person submitting a petition under 
     paragraph (1) written notification that includes an 
     explanation of the reasons why the endorsement or recognition 
     was not made.
       ``(5) Review.--Nothing in this subsection shall relieve the 
     Secretary (or a designee of the Secretary which may be a 
     third party auditor certified by the Secretary) of the 
     obligation--
       ``(A) to review a vulnerability assessment and facility 
     security plan submitted by a high-risk chemical facility 
     under this section; and
       ``(B) to approve or disapprove each assessment or plan on 
     an individual basis.
       ``(f) Other Authorities.--
       ``(1) Existing authorities.--A chemical facility on the 
     list maintained by the Secretary under section 1802(b)(1) 
     that is required to prepare a vulnerability assessment or 
     facility security plan under chapter 701 of title 46, United 
     States Code, or section 1433 of the Safe Drinking Water Act 
     (42 U.S.C. 300i-2) shall not be subject to the requirements 
     of this section, unless the Secretary, after reviewing the 
     vulnerability assessment, facility security plan, or other 
     relevant documents voluntarily offered by the chemical 
     facility (including any updates thereof) requires more 
     stringent performance requirements or red-team exercise under 
     subsection (b)(4).
       ``(2) Coordination.--In the case of any storage required to 
     be licensed under chapter 40 of title 18, United States Code, 
     the Secretary shall prescribe the rules and regulations for 
     the implementation of this section with the concurrence of 
     the Attorney General and avoid unnecessary duplication of 
     regulatory requirements.
       ``(g) Periodic Review by Chemical Facility Required.--
       ``(1) Submission of review.--Not later than 3 years after 
     the date on which a vulnerability assessment or facility 
     security plan required under this section is submitted, and 
     at least once every 5 years thereafter (or on such a schedule 
     as the Secretary may establish by regulation), the owner or 
     operator of the chemical facility covered by the 
     vulnerability assessment or facility security plan shall 
     submit to the Secretary a review of the adequacy of the 
     vulnerability assessment or facility security plan that 
     includes a description of any changes made to the 
     vulnerability assessment or facility security plan.
       ``(2) Review of review.--The Secretary shall--
       ``(A) ensure that a review required under paragraph (1) is 
     submitted not later than the applicable date; and
       ``(B) not later than 6 months after the date on which a 
     review is submitted under paragraph (1), review the review 
     and notify the facility submitting the review of the 
     Secretary's approval or disapproval of the review.
       ``(h) Role of Employees.--As appropriate, vulnerability 
     assessments or facility security plans required under this 
     section should describe the roles or responsibilities that 
     facility employees are expected to perform to prevent or 
     respond to a chemical facility terrorist incident.

     ``SEC. 1804. RECORD KEEPING; SITE INSPECTIONS.

       ``(a) Record Keeping.--The Secretary shall require each 
     chemical facility required to submit a vulnerability 
     assessment or facility security plan under section 1803 to 
     maintain a current copy of the assessment and the plan at the 
     facility.
       ``(b) Right of Entry.--For purposes of carrying out this 
     title, the Secretary (or a designee of the Secretary) shall 
     have, on presentation of credentials, a right of entry to, 
     on, or through any property of a chemical facility on the 
     list maintained by the Secretary under section 1802(a)(1) or 
     any property on which any record required to be maintained 
     under this section is located.
       ``(c) Inspections and Verifications.--The Secretary shall, 
     at such time and place as the Secretary determines to be 
     appropriate, conduct or require the conduct of facility 
     security inspections and verifications and may, by 
     regulation, authorize third party inspections and 
     verifications by persons trained and certified by the 
     Secretary for that purpose. Such an inspection or 
     verification shall include a consultation with owners, 
     operators, and employees, as appropriate, and ensure and 
     evaluate compliance with--
       ``(1) this title and any regulations prescribed to carry 
     out this title; and
       ``(2) any security standards or requirements adopted by the 
     Secretary in furtherance of the purposes of this title.
       ``(d) Requests for Records.--In carrying out this title, 
     the Secretary (or a designee of the Secretary) may require 
     the submission of or, on presentation of credentials, may at 
     reasonable times obtain access to and copy any documentation 
     necessary for--
       ``(1) reviewing or analyzing a vulnerability assessment or 
     facility security plan submitted under section 1803; or
       ``(2) implementing such a facility security plan.
       ``(e) Compliance.--If the Secretary determines that an 
     owner or operator of a chemical facility required to submit a 
     vulnerability assessment or facility security plan under 
     section 1803 fails to maintain, produce, or allow access to 
     records or to the property of the chemical facility as 
     required by this section, the Secretary shall issue an order 
     requiring compliance with this section.

     ``SEC. 1805. ENFORCEMENT.

       ``(a) Submission of Information.--
       ``(1) Initial submission.--The Secretary shall specify in 
     regulations prescribed under section 1803(a), specific 
     deadlines for the submission of the vulnerability assessments 
     and facility security plans required under this title to the 
     Secretary. The Secretary may establish different submission 
     requirements for the different tiers of chemical facilities 
     under section 1802(c).
       ``(2) Major changes requirement.--The Secretary shall 
     specify in regulations prescribed under section 1803(a), 
     specific deadlines and requirements for the submission by a 
     facility required to submit a vulnerability assessment or 
     facility security plan under that section of information 
     describing--
       ``(A) any change in the use by the facility of more than a 
     threshold amount of any substance of concern; and
       ``(B) any significant change in a vulnerability assessment 
     or facility security plan submitted by the facility.
       ``(3) Failure to comply.--If an owner or operator of a 
     chemical facility fails to submit a vulnerability assessment 
     or facility security plan in accordance with this title, the 
     Secretary shall issue an order requiring the submission of a 
     vulnerability assessment or facility security plan in 
     accordance with section 1804(e).
       ``(b) Review of Security Plan.--
       ``(1) In general.--
       ``(A) Deadline for review.--Not later than 180 days after 
     the date on which the Secretary receives a vulnerability 
     assessment or facility security plan under this title, the 
     Secretary shall review and approve or disapprove such 
     assessment or plan.
       ``(B) Designee.--The Secretary may designate a person 
     (including a third party entity certified by the Secretary) 
     to conduct a review under this subsection.
       ``(2) Disapproval.--The Secretary shall disapprove a 
     vulnerability assessment or facility security plan if the 
     Secretary determines that--
       ``(A) the vulnerability assessment or facility security 
     plan does not comply with regulations prescribed under 
     section 1803; or
       ``(B) in the case of a facility security plan, the plan or 
     the implementation of the plan is insufficient to address any 
     vulnerabilities identified in a vulnerability assessment of 
     the chemical facility or associated oversight actions taken 
     under sections 1803 and 1804, including a red team exercise.
       ``(3) Specific security measures not required.--The 
     Secretary shall not disapprove a facility security plan under 
     this section based solely on the specific chemical facility 
     security measures that the chemical facility selects to meet 
     the security performance requirements established by the 
     Secretary under section 1803(c).
       ``(4) Provision of notification of disapproval.--If the 
     Secretary disapproves the vulnerability assessment or 
     facility security plan submitted by a chemical facility under 
     this title or the implementation of a facility security plan 
     by such a facility, the Secretary shall--
       ``(A) provide the owner or operator of the facility a 
     written notification of the disapproval, that--
       ``(i) includes a clear explanation of deficiencies in the 
     assessment, plan, or implementation of the plan; and
       ``(ii) requires the owner or operator of the facility to 
     revise the assessment or plan to address any deficiencies and 
     to submit to the Secretary the revised assessment or plan;
       ``(B) provide guidance to assist the facility in addressing 
     such deficiency;
       ``(C) in the case of a facility for which the owner or 
     operator of the facility does not address such deficiencies 
     by such date as the Secretary determines to be appropriate, 
     issue an order requiring the owner or operator to correct 
     specified deficiencies by a specified date; and
       ``(D) in the case of a facility assigned to the high-risk 
     tier under section 1802(c)(4), consult with the owner or 
     operator of the facility to identify appropriate steps to be 
     taken by the owner or operator to address the deficiencies 
     identified by the Secretary.
       ``(5) No private right of action.--Nothing in this title 
     confers upon any private person a right of action against an 
     owner or operator of a chemical facility to enforce any 
     provision of this title.
       ``(c) Reporting Process.--
       ``(1) Establishment.--The Secretary shall establish, and 
     provide information to the public regarding, a process by 
     which any person may submit a report to the Secretary 
     regarding problems, deficiencies, or vulnerabilities at a 
     chemical facility.
       ``(2) Confidentiality.--The Secretary shall keep 
     confidential the identity of a person that submits a report 
     under paragraph (1) and any such report shall be treated as 
     protected information under section 1808(f) to the extent 
     that it does not consist of publicly available information.
       ``(3) Acknowledgment of receipt.--If a report submitted 
     under paragraph (1) identifies the person submitting the 
     report, the Secretary shall respond promptly to such person 
     to acknowledge receipt of the report.
       ``(4) Steps to address problems.--The Secretary shall 
     review and consider the information provided in any report 
     submitted under paragraph (1) and shall take appropriate 
     steps under this title to address any

[[Page S9521]]

     problem, deficiency, or vulnerability identified in the 
     report.
       ``(5) Retaliation prohibited.--
       ``(A) Prohibition.--No employer may discharge any employee 
     or otherwise discriminate against any employee with respect 
     to the compensation of, or terms, conditions, or privileges 
     of the employment of, such employee because the employee (or 
     a person acting pursuant to a request of the employee) 
     submitted a report under paragraph (1).
       ``(B) Enforcement process.--The Secretary shall establish--
       ``(i) a process by which an employee can notify the 
     Secretary of any retaliation prohibited under this paragraph; 
     and
       ``(ii) a process by which the Secretary may take action as 
     appropriate to enforce this section.

     ``SEC. 1806. PENALTIES.

       ``(a) Administrative Penalties.--
       ``(1) In general.--The Secretary may issue an 
     administrative penalty of not more than $250,000 for failure 
     to comply with an order issued by the Secretary under this 
     title.
       ``(2) Provision of notice.--Before issuing a penalty under 
     paragraph (1), the Secretary shall provide to the person 
     against which the penalty is to be assessed--
       ``(A) written notice of the proposed penalty; and
       ``(B) to the extent possible, consistent with the 
     provisions of title 5, United States Code, governing hearings 
     on the record, the opportunity to request, not later than 30 
     days after the date on which the notice is received, a 
     hearing on the proposed penalty.
       ``(3) Procedures for review.--The Secretary may prescribe 
     regulations outlining the procedures for administrative 
     hearings and appropriate review, including necessary 
     deadlines.
       ``(b) Civil Penalties.--
       ``(1) In general.--The Secretary may bring an action in a 
     United States district court against any owner or operator of 
     a chemical facility that violates or fails to comply with--
       ``(A) any order issued by the Secretary under this title; 
     or
       ``(B) any facility security plan approved by the Secretary 
     under this title.
       ``(2) Relief.--In any action under paragraph (1), a court 
     may issue an order for injunctive relief and may award a 
     civil penalty of not more than $50,000 for each day on which 
     a violation occurs or a failure to comply continues.
       ``(c) Criminal Penalties.--An owner or operator of a 
     chemical facility who knowingly and intentionally violates 
     any order issued by the Secretary under this title shall be 
     fined not more than $100,000, imprisoned for not more than 1 
     year, or both.
       ``(d) Penalties for Unauthorized Disclosure.--Any officer 
     or employee of a Federal, State, or local government agency 
     who, in a manner or to an extent not authorized by law, 
     knowingly discloses any record containing protected 
     information described in section 1808(f) shall--
       ``(1) be imprisoned not more than 1 year, fined under 
     chapter 227 of title 18, United States Code, or both; and
       ``(2) if an officer or employee of the Government, be 
     removed from Federal office or employment.
       ``(e) Treatment of Information in Adjudicative 
     Proceedings.--In a proceeding under this section, information 
     protected under section 1808, or related vulnerability or 
     security information, shall be treated in any judicial or 
     administrative action as if the information were classified 
     material.

     ``SEC. 1807. STATE AND OTHER LAWS.

       ``(a) In General.--Nothing in this title shall preclude or 
     deny any right of any State or political subdivision thereof 
     to adopt or enforce any regulation, requirement, or standard 
     of performance respecting chemical facility security that is 
     more stringent than a regulation, requirement, or standard of 
     performance in effect under this title, or shall otherwise 
     impair any right or jurisdiction of the States with respect 
     to chemical facilities within such States unless there is an 
     actual conflict between a provision of this title and the law 
     of the State.
       ``(b) Other Requirements.--Nothing in this title shall 
     preclude or deny the right of any State or political 
     subdivision thereof to adopt or enforce any regulation, 
     requirement, or standard of performance, including air or 
     water pollution requirements, that are directed at problems 
     other than reducing damage from terrorist attacks.

     ``SEC. 1808. PROTECTION OF INFORMATION.

       ``(a) Prohibition of Public Disclosure of Protected 
     Information.--
       ``(1) In general.--The Secretary shall ensure that 
     protected information, as described in subsection (f), is not 
     disclosed except as provided in this title.
       ``(2) Specific prohibitions.--In carrying out paragraph 
     (1), the Secretary shall ensure that protected information is 
     not disclosed--
       ``(A) by any Federal agency under section 552 of title 5, 
     United States Code; or
       ``(B) under any State or local law.
       ``(b) Regulations.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Chemical Facility Anti-Terrorism Act of 
     2006, the Secretary shall prescribe such regulations, and may 
     issue such orders, as necessary to prohibit the unauthorized 
     disclosure of protected information, as described in 
     subsection (f).
       ``(2) Requirements.--The regulations prescribed under 
     paragraph (1) shall--
       ``(A) permit information sharing, on a confidential basis, 
     with Federal, State and local law enforcement officials and 
     first responders and chemical facility personnel, as 
     necessary to further the purposes of this title;
       ``(B) provide for the confidential use of protected 
     information in any administrative or judicial proceeding, 
     including placing under seal any such information that is 
     contained in any filing, order, or other document used in 
     such proceedings that could otherwise become part of the 
     public record;
       ``(C) limit access to protected information to persons 
     designated by the Secretary; and
       ``(D) ensure, to the maximum extent practicable, that--
       ``(i) protected information shall be maintained in a secure 
     location; and
       ``(ii) access to protected information shall be limited as 
     may be necessary to--

       ``(I) enable enforcement of this title; or
       ``(II) address an imminent and substantial threat to 
     security.

       ``(c) Other Obligations Unaffected.--Nothing in this 
     section affects any obligation of the owner or operator of a 
     chemical facility to submit or make available information to 
     facility employees, employee organizations, or a Federal, 
     State, or local government agency under, or otherwise to 
     comply with, any other law.
       ``(d) Submission of Information to Congress.--Nothing in 
     this title shall be construed as authorizing the withholding 
     of any information from Congress.
       ``(e) Disclosure of Independently Furnished Information.--
     Nothing in this title shall be construed as affecting any 
     authority or obligation of a Federal agency to disclose any 
     record or information that the Federal agency obtains from a 
     chemical facility under any other law.
       ``(f) Protected Information.--For purposes of this section, 
     protected information includes the following:
       ``(1) The criteria and data used by the Secretary to assign 
     chemical facilities to risk-based tiers under section 1802 
     and the tier to which each such facility is assigned.
       ``(2) The vulnerability assessments and facility security 
     plans submitted to the Secretary under this title.
       ``(3) Information concerning the security performance 
     requirements for a chemical facility under section 1803(c).
       ``(4) Any other information generated or collected by a 
     Federal, State, or local government agency or by a chemical 
     facility for the purpose of carrying out or complying with 
     this title--
       ``(A) that describes any vulnerability of a chemical 
     facility to an act of terrorism;
       ``(B) that describes the assignment of any chemical 
     facility to a risk-based tier under this title;
       ``(C) that describes any security measure (including any 
     procedure, equipment, training, or exercise) for the 
     protection of a chemical facility from an act of terrorism; 
     or
       ``(D) the disclosure of which the Secretary determines 
     would be detrimental to the security of any chemical 
     facility.

     ``SEC. 1809. CERTIFICATION OF THIRD-PARTY ENTITIES.

       ``(a) Certification of Third-Party Entities.--The Secretary 
     may designate a third-party entity to carry out any function 
     under subsection (e)(5) of section 1803, subsection (b) or 
     (c) of section 1804, or subsection (b)(1) of section 1805.
       ``(b) Qualifications.--The Secretary shall establish 
     standards for the qualifications of third-party entities, 
     including knowledge of physical infrastructure protection, 
     cybersecurity, facility security plans, hazard analysis, 
     engineering, and other such factors that the Secretary 
     determines to be necessary.
       ``(c) Procedures and Requirements for Private Entities.--
     Before designating a third-party entity to carry out a 
     function under subsection (a), the Secretary shall--
       ``(1) develop, document, and update, as necessary, minimum 
     standard operating procedures and requirements applicable to 
     such entities designated under subsection (a), including--
       ``(A) conducting a 90-day independent review of the 
     procedures and requirements (or updates thereto) and the 
     results of the analyses of such procedures (or updates 
     thereto) pursuant to subtitle G of title VIII; and
       ``(B) upon completion of the independent review under 
     subparagraph (A), designating any procedure or requirement 
     (or any update thereto) as a qualified anti-terrorism 
     technology pursuant to section 862(b);
       ``(2) conduct safety and hazard analyses of the standard 
     operating procedures and requirements developed under 
     paragraph (1);
       ``(3) conduct a review of the third party entities' 
     previous business engagements to ensure that no contractual 
     relationship has or will exist that could compromise their 
     independent business judgment in carrying out any functions 
     under subsection(e)(5) of section 1803, subsection (b) or (c) 
     of section 1804, of subsection(b)(1) of section 1805; and
       ``(4) conduct a review of the third party entities' 
     business practices and disqualify any of these organizations 
     that offer related auditing or consulting services to 
     chemical facilities as private sector vendors.
       ``(d) Technical Review and Approval.--Not later than 60 
     days after the date on which the results of the safety and 
     hazard analysis of the standard operating procedures and 
     requirements are completed under subsection (c)(2), the 
     Secretary shall--
       ``(1) complete a technical review of the procedures and 
     requirements (or updates thereto) under sections 862(b) and 
     863(d)(2); and

[[Page S9522]]

       ``(2) approve or disapprove such procedures and 
     requirements (or updates thereto).
       ``(e) Effect of Approval.--
       ``(1) Issuance of certificate of conformance.--In 
     accordance with section 863(d)(3), the Secretary shall issue 
     a certificate of conformance to a third-party entity to 
     perform a function under subsection (a) if the entity--
       ``(A) demonstrates to the satisfaction of the Secretary the 
     ability to perform functions in accordance with standard 
     operating procedures and requirements (or updates thereto) 
     approved by the Secretary under this section;
       ``(B) agrees to--
       ``(i) perform such function in accordance with such 
     standard operating procedures and requirements (or updates 
     thereto); and
       ``(ii) maintain liability insurance coverage at policy 
     limits and in accordance with conditions to be established by 
     the Secretary pursuant to section 864; and
       ``(C) signs an agreement to protect the proprietary and 
     confidential information of any chemical facility with 
     respect to which the entity will perform such function.
       ``(2) Litigation and risk management protections.--A third-
     party entity that maintains liability insurance coverage at 
     policy limits and in accordance with conditions to be 
     established by the Secretary pursuant to section 864 and 
     receives a certificate of conformance under paragraph (1) 
     shall receive all applicable litigation and risk management 
     protections under sections 863 and 864.
       ``(3) Reciprocal waiver of claims.--A reciprocal waiver of 
     claims shall be deemed to have been entered into between a 
     third-party entity that receives a certificate of conformance 
     under paragraph (1) and its contractors, subcontractors, 
     suppliers, vendors, customers, and contractors and 
     subcontractors of customers involved in the use or operation 
     of any function performed by the third-party entity under 
     subparagraph (a).
       ``(4) Information for establishing limits of liability 
     insurance.--A third-party entity seeking a certificate of 
     conformance under paragraph (1) shall provide to the 
     Secretary necessary information for establishing the limits 
     of liability insurance required to be maintained by the 
     entity under section 864(a).
       ``(f) Monitoring.--The Secretary shall regularly monitor 
     and inspect the operations of a third-party entity that 
     performs a function under subsection (a) to ensure that the 
     entity is meeting the minimum standard operating procedures 
     and requirements established under subsection (c) and any 
     other applicable requirement under this section.
       ``(g) Restriction on Designation.--No individual may be 
     designated to carry out any function under this title with 
     respect to any facility with which that individual was 
     affiliated as an officer, director, or employee during the 
     three-year period preceding the date of such designation.

     ``SEC. 1810. METHODS TO REDUCE THE CONSEQUENCES OF A 
                   TERRORIST ATTACK.

       ``(a) Method to Reduce the Consequences of a Terrorist 
     Attack.--For purposes of this section, the term `method to 
     reduce the consequences of a terrorist attack' includes--
       ``(1) input substitution;
       ``(2) catalyst or carrier substitution;
       ``(3) process redesign (including reuse or recycling of a 
     substance of concern);
       ``(4) product reformulation;
       ``(5) procedure simplification;
       ``(6) technology modification;
       ``(7) use of less hazardous substances or benign 
     substances;
       ``(8) use of smaller quantities of substances of concern;
       ``(9) reduction of hazardous pressures or temperatures;
       ``(10) reduction of the possibility and potential 
     consequences of equipment failure and human error;
       ``(11) improvement of inventory control and chemical use 
     efficiency; and
       ``(12) reduction or elimination of the storage, 
     transportation, handling, disposal, and discharge of 
     substances of concern.
       ``(b) Assessment Required.--
       ``(1) In general.--The owner or operator of a facility 
     assigned to the high-risk tier under section 1802(c)(4), 
     shall conduct an assessment of methods to reduce the 
     consequences of a terrorist attack on that chemical facility.
       ``(2) Included information.--An assessment under this 
     subsection shall include information on--
       ``(A) each method of reducing the consequences of a 
     terrorist attack considered for implementation at the 
     chemical facility, including--
       ``(i) the quantity of any substance of concern considered 
     for reduction or elimination and the form of any considered 
     replacement for such substance of concern; and
       ``(ii) any technology or process considered for 
     modification and a description of the considered 
     modification;
       ``(B) the degree to which each such method could, if 
     implemented, reduce the potential extent of death, injury, or 
     serious adverse effects to human health, and the environment; 
     and
       ``(C) a description of any specific considerations that led 
     to the implementation or rejection of each such method, 
     including--
       ``(i) requirements under this title;
       ``(ii) cost;
       ``(iii) liability for a chemical facility terrorist 
     incident;
       ``(iv) cost savings, including whether the method would 
     eliminate or reduce other security costs or requirements;
       ``(v) the availability of a replacement for a substance of 
     concern, technology, or process that would be eliminated or 
     altered as a result of the implementation of the method;
       ``(vi) the applicability of any considered replacement for 
     the substance of concern, technology, or process to the 
     chemical facility; and
       ``(vii) any other factor that the owner or operator of the 
     chemical facility considered in judging the practicability of 
     each method to reduce the consequences of a terrorist attack.
       ``(3) Deadline.--The deadlines for submission and review of 
     an assessment for a facility described in this subsection 
     shall be the same as the deadline for submission and review 
     of the facility security plan or relevant documents submitted 
     to the Secretary by the facility for the purposes of 
     complying with section 1803.
       ``(c) Review and Implementation.--
       ``(1) Review.--Not later than 180 days after receiving an 
     assessment described in subsection (b), the Secretary shall 
     review the assessment and provide written notice to the owner 
     or operator of a chemical facility required to conduct an 
     assessment under subsection (b) if the Secretary determines 
     that the assessment described in subsection (b) is 
     inadequate.
       ``(2) Consultation.--The Secretary shall consult with the 
     heads of other Federal, State, and local agencies, including 
     the Chemical Safety and Hazard Investigation Board and the 
     Environmental Protection Agency, in determining whether the 
     assessment described in subsection (b) is adequate.
       ``(3) Implementation.--The owner or operator of a chemical 
     facility required to conduct an assessment under subsection 
     (b) shall implement methods to reduce the consequences of a 
     terrorist attack on the chemical facility if the Secretary 
     determines, based on an assessment in subsection (b), that 
     the implementation of methods to reduce the consequences of a 
     terrorist attack at the high-risk chemical facility
       ``(A) would significantly reduce the risk of death, injury, 
     or serious adverse effects to human health or the environment 
     resulting from a terrorist release;
       ``(B) can feasibly be incorporated into the operation of 
     the facility; and
       ``(C) would not significantly and demonstrably impair the 
     ability of the owner or operator of the facility to continue 
     the business of the facility.
       ``(4) Reconsideration.--
       ``(A) In general.--An owner or operator of a chemical 
     facility that determines that it is unable to comply with the 
     Secretary's determination under subsection (c)(3) shall, 
     within 60 days of receipt of the Secretary's determination, 
     provide to the Panel on Methods to Reduce the Consequences of 
     a Terrorist Attack a written explanation that includes the 
     reasons thereto.
       ``(B) Review.--Not later than 60 days of receipt of an 
     explanation submitted under subsection (c)(4)(A), the Panel 
     on Methods to Reduce the Consequences of a Terrorist Attack, 
     after an opportunity for the owner or operator of a chemical 
     facility to meet with the Panel on Methods to Reduce the 
     Consequences of a Terrorist Attack, shall provide a written 
     determination regarding the adequacy of the explanation, and 
     shall, if appropriate, include recommendations to the 
     chemical facility that would assist the facility in its 
     assessment and implementation.
       ``(C) Notification.--Not later than 60 days after the date 
     of the receipt of the written determination described under 
     subsection (c)(4)(B), the owner or operator of the chemical 
     facility shall provide to the Secretary written notification 
     of the owner or operator's plans to implement methods to 
     reduce the consequences of a terrorist attack recommended by 
     the Panel on Methods to Reduce the Consequences of a 
     Terrorist Attack.
       ``(D) Compliance.--If the facility does not implement the 
     recommendations made by the Panel on Methods to Reduce the 
     Consequences of a Terrorist Attack, the Secretary may, within 
     60 days of receipt of the plans described in (4)(C), issue an 
     order requiring the owner or operator to implement such 
     methods by a specified date.
       ``(E) Panel on methods to reduce the consequences of a 
     terrorist attack.--The Panel on Methods to Reduce the 
     Consequences of a Terrorist Attack shall be chaired by the 
     Secretary (or the Secretary's designee) and shall include 
     representatives, chosen by the Secretary, of other 
     appropriate Federal and State agencies, independent security 
     experts and the chemical industry.
       ``(d) Alternative Approaches Clearinghouse.--
       ``(1) Establishment.--The Secretary shall establish a 
     publicly available clearinghouse for the compilation and 
     dissemination of information on the use and availability of 
     methods to reduce the consequences of a terrorist attack at a 
     chemical facility.
       ``(2) Inclusions.--The clearinghouse required under 
     paragraph (1) shall include information on--
       ``(A) general and specific types of such methods;
       ``(B) combinations of chemical sources, substances of 
     concern, and hazardous processes or conditions for which such 
     methods could be appropriate;
       ``(C) the availability of specific methods to reduce the 
     consequences of a terrorist attack;

[[Page S9523]]

       ``(D) the costs and cost savings resulting from the use of 
     such methods;
       ``(E) technological transfer;
       ``(F) the availability of technical assistance; and
       ``(G) such other information as the Secretary determines is 
     appropriate.
       ``(3) Collection of information.--The Secretary shall 
     collect information for the clearinghouse--
       ``(A) from documents submitted by owners or operators 
     pursuant to this title;
       ``(B) by surveying owners or operators who have registered 
     their facilities pursuant to part 68 of title 40 Code of 
     Federal Regulations (or successor regulations); and
       ``(C) through such other methods as the Secretary deems 
     appropriate.
       ``(4) Public availability.--Information available publicly 
     through the clearinghouse shall not identify any specific 
     facility or violate the protection of information provisions 
     under section 1808.
       ``(e) Protected Information.--An assessment prepared under 
     subsection (b) is protected information for the purposes of 
     section 1808(f).

     ``SEC. 1811. ANNUAL REPORT TO CONGRESS.

       ``(a) Annual Report.--Not later than one year after the 
     date of enactment of the Chemical Facility Anti-Terrorism Act 
     of 2006 and annually thereafter, the Secretary shall publish 
     a report on progress in achieving compliance with this title, 
     including--
       ``(1) an assessment of the effectiveness of the facility 
     security plans developed under this title;
       ``(2) any lessons learned in implementing this title 
     (including as a result of a red-team exercise); and
       ``(3) any recommendations of the Secretary to improve the 
     programs, plans, and procedures under this title, including 
     the feasibility of programs to increase the number of 
     economically disadvantaged businesses eligible to perform 
     third party entity responsibilities pursuant to sections 
     1803(e)(5), 1804(b) and (c), and 1805(b)(1).
       ``(b) Protected Information.--A report under this section 
     may not include information protected under section 1808.

     ``SEC. 1812. APPLICABILITY.

       ``This title shall not apply to--
       ``(1) any facility that is owned and operated by the 
     Department of Defense, the Department of Justice, or the 
     Department of Energy;
       ``(2) the transportation in commerce, including incidental 
     storage, of any substance of concern regulated as a hazardous 
     material under chapter 51 of title 49, United States Code; or
       ``(3) any facility that is owned or operated by a licensee 
     or certificate holder of the Nuclear Regulatory Commission.

     ``SEC. 1813. SAVINGS CLAUSE.

       ``Nothing in this title is intended to affect section 112 
     of the Clean Air Act (42 U.S.C. 7412), the Clean Water Act, 
     the Resource Conservation and Recovery Act, the National 
     Environmental Policy Act of 1969, and the Occupational Safety 
     and Health Act.

     ``SEC. 1814. OFFICE OF CHEMICAL FACILITY SECURITY.

       ``There is in the Department an Office of Chemical Facility 
     Security. The head of the Office of Chemical Facility 
     Security is responsible for carrying out the responsibilities 
     of the Secretary under this title.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     adding at the end the following:

            ``TITLE XVIII--REGULATION OF CHEMICAL FACILITIES

``Sec. 1801. Definitions.
``Sec. 1802. Designation and ranking of chemical facilities.
``Sec. 1803. Vulnerability assessments and facility security plans.
``Sec. 1804. Record keeping; site inspections.
``Sec. 1805. Enforcement.
``Sec. 1806. Penalties.
``Sec. 1807. State and other laws.
``Sec. 1808. Protection of information.
``Sec. 1809. Certification of third-party entities.
``Sec. 1810. Methods to reduce the consequences of a terrorist attack.
``Sec. 1811. Annual report to Congress.
``Sec. 1812. Applicability.
``Sec. 1813. Savings clause.
``Sec. 1814. Office of Chemical Facility Security.

     SEC. 503. REPORT TO CONGRESS.

       (a) Updated Report.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives an update of the national strategy 
     for the chemical sector that was required to be submitted by 
     the Secretary to the Committee on Appropriations of the House 
     of Representatives and the Committee of Appropriations of the 
     Senate by not later than February 10, 2006.
       (b) Protected Information.--The report under subsection (a) 
     may not include information protected under section 1808 of 
     the Homeland Security Act of 2002, as added by this Act.

     SEC. 504. INSPECTOR GENERAL REPORT.

       (a) Report Required.--Not later than 1 year after the date 
     on which regulations are issued under section 505(a), the 
     Inspector General of the Department shall submit a report to 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Homeland Security of the 
     House of Representatives that reviews the effectiveness of 
     the implementation of title XVIII of the Homeland Security 
     Act of 2002, as added by this Act, including the 
     effectiveness of facility security plans required under such 
     title and any recommendations to improve the programs, plans, 
     and procedures required under such title, including the 
     feasibility of programs to increase the number of 
     economically disadvantaged businesses eligible to perform 
     third party entity responsibilities pursuant to sections 
     1803(e)(5), 1804(b) and (c), and 1805(b)(1) of such title.
       (b) Classified Annex.--The Inspector General may issue a 
     classified annex to the report required under subsection (a), 
     if the Inspector General determines a classified annex is 
     necessary.

     SEC. 505. DEADLINE FOR REGULATIONS.

       (a) Interim Final Rule Authority.--Not later than 1 year 
     after the date of enactment of this Act, and without regard 
     to chapter 5 of title 5, United States Code, the Secretary of 
     Homeland Security shall issue an interim final rule as a 
     temporary regulation implementing section 1803(a) of the 
     Homeland Security Act of 2002, as added by this Act. All 
     regulations issued under the authority of this subsection 
     that are not earlier superseded by final regulations shall 
     expire not later than 2 years after the date of enactment of 
     this Act.
       (b) Initiation of Rulemaking.--The Secretary may initiate a 
     rulemaking to implement this title (including the amendments 
     made by this title) as soon as practicable after the date of 
     enactment of this Act. The final rule issued under that 
     rulemaking may supersede the interim final rule promulgated 
     under subsection (a).

     SEC. 506. CHEMICAL FACILITY TRAINING PROGRAM.

       (a) In General.--Subtitle A of title VIII of the Homeland 
     Security Act of 2002 (6 U.S.C. 361) is amended by adding at 
     the end the following:

     ``SEC. 802. CHEMICAL FACILITY TRAINING PROGRAM.

       ``(a) In General.--The Secretary, acting through the 
     Departmental official with general responsibility for 
     training and in coordination with components of the 
     Department with chemical facility security expertise, shall 
     establish a Chemical Facility Security Training Program 
     (hereinafter in this section referred to as the `Program') 
     for the purpose of enhancing the capabilities of chemical 
     facilities to prevent, prepare for, respond to, mitigate 
     against, and recover from threatened or actual acts of 
     terrorism.
       ``(b) Requirements.--The Program shall provide voluntary 
     training that--
       ``(1) reaches multiple disciplines, including Federal, 
     State, and local government officials, chemical facility 
     owners, operators and employees and governmental and 
     nongovernmental emergency response providers;
       ``(2) utilizes multiple training mediums and methods;
       ``(3) addresses chemical facility security and facility 
     security plans, including--
       ``(A) facility security plans and procedures for differing 
     threat levels;
       ``(B) physical security, security equipment and systems, 
     access control, and methods for preventing and countering 
     theft;
       ``(C) recognition and detection of weapons and devices;
       ``(D) security incident procedures, including procedures 
     for communicating with emergency response providers;
       ``(E) evacuation procedures and use of appropriate personal 
     protective equipment; and
       ``(F) other requirements that the Secretary deems 
     appropriate;
       ``(4) is consistent with, and supports implementation of, 
     the National Incident Management System, the National 
     Response Plan, the National Infrastructure Protection Plan, 
     the National Preparedness Guidance, the National Preparedness 
     Goal, and other national initiatives;
       ``(5) includes consideration of existing security and 
     hazardous chemical training programs including Federal or 
     industry programs; and
       ``(6) is evaluated against clear and consistent performance 
     measures.
       ``(c) National Voluntary Consensus Standards.--The 
     Secretary shall--
       ``(1) support the promulgation, and regular updating as 
     necessary of national voluntary consensus standards for 
     chemical facility security training ensuring that training is 
     consistent with such standards; and
       ``(2) ensure that the training provided under this section 
     is consistent with such standards.
       ``(d) Training Partners.--In developing and delivering 
     training under the Program, the Secretary shall--
       ``(1) work with government training programs, facilities, 
     academic institutions, industry and private organizations, 
     employee organizations, and other relevant entities that 
     provide specialized, state-of-the-art training; and
       ``(2) utilize, as appropriate, training provided by 
     industry, public safety academies, Federal programs, employee 
     organizations, State and private colleges and universities, 
     and other facilities.''
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 801 the 
     following:

``Sec. 802. Chemical facility training program.''.


[[Page S9524]]


                                 ______
                                 
  SA 4988. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill H.R. 4954, to improve maritime and cargo 
security through enhanced layered defenses, and for other purposes; as 
follows:

       At the appropriate place insert the following:

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

     SEC. --100. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. --100. Short title; table of contents.
Sec. --101. Hazardous materials highway routing.
Sec. --102. Motor carrier high hazard material tracking.
Sec. --103. Hazardous materials security inspections and enforcement.
Sec. --104. Truck security assessment.
Sec. --105. National public sector response system.
Sec. --106. Over-the-road bus security assistance.
Sec. --107. Pipeline security and incident recovery plan.
Sec. --108. Pipeline security inspections and enforcement.

     SEC. --101. HAZARDOUS MATERIALS HIGHWAY ROUTING.

       (a) Route Plan Guidance.--Within one year after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security, shall--
       (1) document existing and proposed routes for the 
     transportation of radioactive and non-radioactive hazardous 
     materials by motor carrier, and develop a framework for using 
     a Geographic Information System-based approach to 
     characterize routes in the National Hazardous Materials Route 
     Registry;
       (2) assess and characterize existing and proposed routes 
     for the transportation of radioactive and non-radioactive 
     hazardous materials by motor carrier for the purpose of 
     identifying measurable criteria for selecting routes based on 
     safety and security concerns;
       (3) analyze current route-related hazardous materials 
     regulations in the United States, Canada, and Mexico to 
     identify cross-border differences and conflicting 
     regulations;
       (4) document the concerns of the public, motor carriers, 
     and State, local, territorial, and tribal governments about 
     the highway routing of hazardous materials for the purpose of 
     identifying and mitigating security vulnerabilities 
     associated with hazardous material routes;
       (5) prepare guidance materials for State officials to 
     assist them in identifying and reducing both safety concerns 
     and security vulnerabilities when designating highway routes 
     for hazardous materials consistent with the 13 safety-based 
     non-radioactive materials routing criteria and radioactive 
     materials routing criteria in Subpart C part 397 of title 49, 
     Code of Federal Regulations;
       (6) develop a tool that will enable State officials to 
     examine potential routes for the highway transportation of 
     hazardous material and assess specific security 
     vulnerabilities associated with each route and explore 
     alternative mitigation measures; and
       (7) transmit to the Senate Committee on Commerce, Science, 
     and Transportation, and the House of Representatives 
     Committee on Transportation and Infrastructure a report on 
     the actions taken to fulfill paragraphs (1) through (6) of 
     this subsection and any recommended changes to the routing 
     requirements for the highway transportation of hazardous 
     materials in part 397 of title 49, Code of Federal 
     Regulations.
       (b) Route Plans.--
       (1) Assessment.--Within one year after the date of 
     enactment of this Act, the Secretary of Transportation shall 
     complete an assessment of the safety and national security 
     benefits achieved under existing requirements for route 
     plans, in written or electronic format, for explosives and 
     radioactive materials. The assessment shall, at a minimum--
       (A) compare the percentage of Department of Transportation 
     recordable incidents and the severity of such incidents for 
     shipments of explosives and radioactive materials for which 
     such route plans are required with the percentage of 
     recordable incidents and the severity of such incidents for 
     shipments of explosives and radioactive materials not subject 
     to such route plans; and
       (B) quantify the security and safety benefits, feasibility, 
     and costs of requiring each motor carrier that is required to 
     have a hazardous material safety permit under part 385 of 
     title 49, Code of Federal Regulations, to maintain, follow, 
     and carry such a route plan that meets the requirements of 
     section 397.101 of that title when transporting the type and 
     quantity of hazardous materials described in section 385.403 
     of that title, taking into account the various segments of 
     the trucking industry, including tank truck, truckload and 
     less than truckload carriers.
       (2) Report.--Within one year after the date of enactment of 
     this Act, the Secretary of Transportation shall submit a 
     report to the Senate Committee on Commerce, Science, and 
     Transportation, and the House of Representatives Committee on 
     Transportation and Infrastructure containing the findings and 
     conclusions of the assessment.
       (c) Requirement.--The Secretary shall require motor 
     carriers that have a hazardous material safety permit under 
     part 385 of title 49, Code of Federal Regulations, to 
     maintain, follow, and carry a route plan, in written or 
     electronic format, that meets the requirements of section 
     397.101 of that title when transporting the type and quantity 
     of hazardous materials described in section 385.403 of that 
     title if the Secretary determines, under the assessment 
     required in subsection (b), that such a requirement would 
     enhance the security and safety of the nation without 
     imposing unreasonable costs or burdens upon motor carriers.

     SEC. --102. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications--
       (1) In General.--Consistent with the findings of the 
     Transportation Security Administration's Hazmat Truck 
     Security Pilot Program and within 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     through the Transportation Security Administration and in 
     consultation with the Secretary of Transportation, shall 
     develop a program to encourage the equipping of motor 
     carriers transporting high hazard materials in quantities 
     equal to or greater than the quantities specified in subpart 
     171.800 of title 49, Code of Federal Regulations, with 
     wireless communications technology that provides--
       (A) continuous communications;
       (B) vehicle position location and tracking capabilities; 
     and
       (C) a feature that allows a driver of such vehicles to 
     broadcast an emergency message.
       (2) Considerations.--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 motor carrier tracking at the Department of 
     Transportation;
       (B) take into consideration the recommendations and 
     findings of the report on theHazardous Material Safety and 
     Security Operation Field Test released by the Federal Motor 
     Carrier Safety Administration on November 11, 2004;
       (C) evaluate--
       (i) any new information related to the cost and benefits of 
     deploying and utilizing truck tracking technology for motor 
     carriers transporting high hazard materials not included in 
     the Hazardous Material Safety and Security Operation Field 
     Test Report released by the Federal Motor Carrier Safety 
     Administration on November 11, 2004;
       (ii) the ability of truck tracking technology to resist 
     tampering and disabling;
       (iii) the capability of truck tracking technology to 
     collect, display, and store information regarding the 
     movements of shipments of high hazard materials by commercial 
     motor vehicles;
       (iv) the appropriate range of contact intervals between the 
     tracking technology and a commercial motor vehicle 
     transporting high hazard materials; and
       (v) technology that allows the installation by a motor 
     carrier of concealed electronic devices on commercial motor 
     vehicles that can be activated by law enforcement authorities 
     and alert emergency response resources to locate and recover 
     security sensitive material in the event of loss or theft of 
     such material.
       (b) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this section 
     $3,000,000 for each of fiscal years 2007, 2008, and 2009.

     SEC. --103. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
                   ENFORCEMENT.

       (a) In General.--The Secretary of Homeland Security shall 
     establish a program within the Transportation Security 
     Administration, in consultation with the Secretary of 
     Transportation, for reviewing hazardous materials security 
     plans required under part 172, title 49, Code of Federal 
     Regulations, within 180 days after the date of enactment of 
     this Act. In establishing the program, the Secretary shall 
     ensure that--
       (1) the program does not subject carriers to unnecessarily 
     duplicative reviews of their security plans by the 2 
     departments; and
       (2) a common set of standards is used to review the 
     security plans.
       (b) Civil Penalty.--The failure, by a shipper, carrier, or 
     other person subject to part 172 of title 49, Code of Federal 
     Regulations, to comply with any applicable section of that 
     part within 180 days after being notified by the Secretary of 
     such failure to comply, is punishable by a civil penalty 
     imposed by the Secretary under title 49, United States Code. 
     For purposes of this subsection, each day of noncompliance 
     after the 181st day following the date on which the shipper, 
     carrier, or other person received notice of the failure shall 
     constitute a separate failure.
       (c) Compliance Review.--In reviewing the compliance of 
     hazardous materials shippers, carriers, or other persons 
     subject to part 172 of title 49, Code of Federal Regulations, 
     with the provisions of that part, the Secretary shall utilize 
     risk assessment methodologies to prioritize review and 
     enforcement actions to the most vulnerable and critical 
     hazardous materials transportation operations.
       (d) Transportation Costs Study.--Within 1 year after the 
     date of enactment of this Act, the Secretary of 
     Transportation, in conjunction with the Secretary of Homeland 
     Security, shall study to what extent the insurance, security, 
     and safety costs borne by railroad carriers, motor carriers, 
     pipeline carriers, air carriers, and maritime carriers

[[Page S9525]]

     associated with the transportation of hazardous materials are 
     reflected in the rates paid by shippers of such commodities 
     as compared to the costs and rates respectively for the 
     transportation of non-hazardous materials.
       (e) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (1) $2,000,000 for fiscal year 2007;
       (2) $2,000,000 for fiscal year 2008; and
       (3) $2,000,000 for fiscal year 2009.

     SEC. --104. TRUCK SECURITY ASSESSMENT.

       Not later than 1 year after the date of enactment of this 
     Act, the Secretary of Transportation shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report on security issues related to the 
     trucking industry that includes--
       (1) an assessment of actions already taken to address 
     identified security issues by both public and private 
     entities;
       (2) an assessment of the economic impact that security 
     upgrades of trucks, truck equipment, or truck facilities may 
     have on the trucking industry and its employees, including 
     independent owner-operators;
       (3) an assessment of ongoing research and the need for 
     additional research on truck security; and
       (4) an assessment of industry best practices to enhance 
     security.

     SEC. --105. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

       (a) Development.--The Secretary of Homeland Security, in 
     conjunction with the Secretary of Transportation, shall 
     consider the development of a national public sector response 
     system to receive security alerts, emergency messages, and 
     other information used to track the transportation of high 
     hazard materials which can provide accurate, timely, and 
     actionable information to appropriate first responder, law 
     enforcement and public safety, and homeland security 
     officials, as appropriate, regarding accidents, threats, 
     thefts, or other safety and security risks or incidents. In 
     considering the development of this system, they shall 
     consult with law enforcement and public safety officials, 
     hazardous material shippers, motor carriers, railroads, 
     organizations representing hazardous material employees, 
     State transportation and hazardous materials officials, 
     private for-profit and non-profit emergency response 
     organizations, and commercial motor vehicle and hazardous 
     material safety groups. Consideration of development of the 
     national public sector response system shall be based upon 
     the public sector response center developed for the 
     Transportation Security Administration hazardous material 
     truck security pilot program and hazardous material safety 
     and security operational field test undertaken by the Federal 
     Motor Carrier Safety Administration.
       (b) Capability.--The national public sector response system 
     to be considered shall be able to receive, as appropriate--
       (1) negative driver verification alerts;
       (2) out-of-route alerts;
       (3) driver panic or emergency alerts; and
       (4) tampering or release alerts.
       (c) Characteristics.--The national public sector response 
     system to be considered shall--
       (1) be an exception-based system;
       (2) be integrated with other private and public sector 
     operation reporting and response systems and all Federal 
     homeland security threat analysis systems or centers 
     (including the National Response Center); and
       (3) provide users the ability to create rules for alert 
     notification messages.
       (d) Carrier Participation.--The Secretary of Homeland 
     Security shall coordinate with motor carriers and railroads 
     transporting high hazard materials, entities acting on their 
     behalf who receive communication alerts from motor carriers 
     or railroads, or other Federal agencies that receive security 
     and emergency related notification regarding high hazard 
     materials in transit to facilitate the provisions of the 
     information listed in subsection (b) to the national public 
     sector response system to the extent possible if the system 
     is established.
       (e) Data Privacy.--The national public sector response 
     system shall be designed to ensure appropriate protection of 
     data and information relating to motor carriers, railroads, 
     and employees.
       (f) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report on whether to establish a national 
     public sector response system and the estimated total public 
     and private sector costs to establish and annually operate 
     such a system, together with any recommendations for 
     generating private sector participation and investment in the 
     development and operation of such a system.
       (g) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (1) $1,000,000 for fiscal year 2007;
       (2) $1,000,000 for fiscal year 2008; and
       (3) $1,000,000 for fiscal year 2009.

     SEC. --106. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

       (a) In General.--The Secretary of Homeland Security shall 
     establish a program within the Transportation Security 
     Administration for making grants to private operators of 
     over-the-road buses or over-the-road-bus terminal operators 
     for system-wide security improvements to their operations, 
     including--
       (1) constructing and modifying terminals, garages, 
     facilities, or over-the-road buses to assure their security;
       (2) protecting or isolating the driver;
       (3) acquiring, upgrading, installing, or operating 
     equipment, software, or accessorial services for collection, 
     storage, or exchange of passenger and driver information 
     through ticketing systems or otherwise, and information links 
     with government agencies;
       (4) training employees in recognizing and responding to 
     security threats, evacuation procedures, passenger screening 
     procedures, and baggage inspection;
       (5) hiring and training security officers;
       (6) installing cameras and video surveillance equipment on 
     over-the-road buses and at terminals, garages, and over-the-
     road bus facilities;
       (7) creating a program for employee identification or 
     background investigation;
       (8) establishing and upgrading an emergency communications 
     system linking operational headquarters, over-the-road buses, 
     law enforcement, and emergency personnel; and
       (9) implementing and operating passenger screening programs 
     at terminals and on over-the-road buses.
       (b) Federal Share.--The Federal share of the cost for which 
     any grant is made under this section shall be 80 percent.
       (c) Due Consideration.--In making grants under this 
     section, the Secretary shall give due consideration to 
     private operators of over-the-road buses that have taken 
     measures to enhance bus transportation security from those in 
     effect before September 11, 2001, and shall prioritize grant 
     funding based on the magnitude and severity of the security 
     threat to bus passengers and the ability of the funded 
     project to reduce, or respond to, that threat.
       (d) Grant Requirements.--A grant under this section shall 
     be subject to all the terms and conditions that a grant is 
     subject to under section 3038(f) of the Transportation Equity 
     Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 
     393).
       (e) Plan Requirement.--
       (1) In general.--The Secretary may not make a grant under 
     this section to a private operator of over-the-road buses 
     until the operator has first submitted to the Secretary--
       (A) a plan for making security improvements described in 
     subsection (a) and the Secretary has approved the plan; and
       (B) such additional information as the Secretary may 
     require to ensure accountability for the obligation and 
     expenditure of amounts made available to the operator under 
     the grant.
       (2) Coordination.--To the extent that an application for a 
     grant under this section proposes security improvements 
     within a specific terminal owned and operated by an entity 
     other than the applicant, the applicant shall demonstrate to 
     the satisfaction of the Secretary that the applicant has 
     coordinated the security improvements for the terminal with 
     that entity.
       (f) Over-the-Road Bus Defined.--In this section, the term 
     ``over-the-road bus'' means a bus characterized by an 
     elevated passenger deck located over a baggage compartment.
       (g) Bus Security Assessment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a preliminary report in accordance with the 
     requirements of this section.
       (2) Contents of preliminary report.--The preliminary report 
     shall include--
       (A) an assessment of the over-the-road bus security grant 
     program;
       (B) an assessment of actions already taken to address 
     identified security issues by both public and private 
     entities and recommendations on whether additional safety and 
     security enforcement actions are needed;
       (C) an assessment of whether additional legislation is 
     needed to provide for the security of Americans traveling on 
     over-the-road buses;
       (D) an assessment of the economic impact that security 
     upgrades of buses and bus facilities may have on the over-
     the-road bus transportation industry and its employees;
       (E) an assessment of ongoing research and the need for 
     additional research on over-the-road bus security, including 
     engine shut-off mechanisms, chemical and biological weapon 
     detection technology, and the feasibility of 
     compartmentalization of the driver; and
       (F) an assessment of industry best practices to enhance 
     security.
       (3) Consultation with industry, labor, and other groups.--
     In carrying out this section, the Secretary shall consult 
     with over-the-road bus management and labor representatives, 
     public safety and law enforcement officials, and the National 
     Academy of Sciences.
       (h) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (1) $12,000,000 for fiscal year 2007;
       (2) $25,000,000 for fiscal year 2008; and
       (3) $25,000,000 for fiscal year 2009.

[[Page S9526]]

     Amounts made available pursuant to this subsection shall 
     remain available until expended.

     SEC. --107. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

       (a) In General.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation and the 
     Pipeline and Hazardous Materials Safety Administration, and 
     in accordance with the Memorandum of Understanding Annex 
     executed under section --108, shall develop a Pipeline 
     Security and Incident Recovery Protocols Plan. The plan shall 
     include--
       (1) a plan for the Federal Government to provide increased 
     security support to the most critical interstate and 
     intrastate natural gas and hazardous liquid transmission 
     pipeline infrastructure and operations as determined under 
     section --108--
       (A) at high or severe security threat levels of alert; and
       (B) when specific security threat information relating to 
     such pipeline infrastructure or operations exists; and
       (2) an incident recovery protocol plan, developed in 
     conjunction with interstate and intrastate transmission and 
     distribution pipeline operators and terminals and facilities 
     operators connected to pipelines, to develop protocols to 
     ensure the continued transportation of natural gas and 
     hazardous liquids to essential markets and for essential 
     public health or national defense uses in the event of an 
     incident affecting the interstate and intrastate natural gas 
     and hazardous liquid transmission and distribution pipeline 
     system, which shall include protocols for granting access to 
     pipeline operators for pipeline infrastructure repair, 
     replacement or bypass following an incident.
       (b) Existing Private and Public Sector Efforts.--The plan 
     shall take into account actions taken or planned by both 
     private and public entities to address identified pipeline 
     security issues and assess the effective integration of such 
     actions.
       (c) Consultation.--In developing the plan under subsection 
     (a), the Secretary of Homeland Security shall consult with 
     the Secretary of Transportation, interstate and intrastate 
     transmission and distribution pipeline operators, pipeline 
     labor, first responders, shippers of hazardous materials, 
     State Departments of Transportation, public safety officials, 
     and other relevant parties.
       (d) Report.--
       (1) Contents.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall transmit to the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Homeland 
     Security of the House of Representatives, and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report containing the plan required by 
     subsection (a), along with an estimate of the private and 
     public sector costs to implement any recommendations.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.
       (e) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this section 
     $1,000,000 for fiscal year 2007.

     SEC. --108. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

       (a) In General.--Within 1 year after the date of enactment 
     of this Act the Secretary of Homeland Security, in 
     consultation with the Secretary of Transportation, shall 
     establish a program for reviewing pipeline operator adoption 
     of recommendations in the September, 5, 2002, Department of 
     Transportation Research and Special Programs Administration 
     Pipeline Security Information Circular, including the review 
     of pipeline security plans and critical facility inspections.
       (b) Review and Inspection.--Within 9 months after the date 
     of enactment of this Act the Secretary shall complete a 
     review of the pipeline security plan and an inspection of the 
     critical facilities of the 100 most critical pipeline 
     operators covered by the September, 5, 2002, circular, where 
     such facilities have not been inspected for security purposes 
     since September 5, 2002, by either the Department of Homeland 
     Security or the Department of Transportation, as determined 
     by the Secretary in consultation with the Secretary of 
     Transportation.
       (c) Compliance Review Methodology.--In reviewing pipeline 
     operator compliance under subsections (a) and (b), the 
     Secretary shall utilize risk assessment methodologies to 
     prioritize vulnerabilities and to target inspection and 
     enforcement actions to the most vulnerable and critical 
     pipeline assets.
       (d) Regulations.--Within 1 year after the date of enactment 
     of this Act, the Secretary shall transmit to pipeline 
     operators and the Secretary of Transportation security 
     recommendations for natural gas and hazardous liquid 
     pipelines and pipeline facilities. If the Secretary of 
     Homeland Security determines that regulations are 
     appropriate, the Secretary shall promulgate such regulations 
     and carry out necessary inspection and enforcement actions. 
     Any regulations should incorporate the guidance provided to 
     pipeline operators by the September 5, 2002, Department of 
     Transportation Research and Special Programs Administration's 
     Pipeline Security Information Circular and contain additional 
     requirements as necessary based upon the results of the 
     inspections performed under subsection (b). The regulations 
     shall include the imposition of civil penalties for non-
     compliance.
       (e) Funding.--There are authorized to be appropriated to 
     the Secretary of Homeland Security to carry out this 
     section--
       (1) $2,000,000 for fiscal year 2007; and
       (2) $2,000,000 for fiscal year 2008.

     SEC. --109. TECHNICAL CORRECTIONS.

       (a) Hazmat Licenses.--Section 5103a of title 49, United 
     States Code, is amended--
       (1) by inserting ``of Homeland Security'' each place it 
     appears in subsections (a)(1), (d)(1)(b), and (e); and
       (2) by redesignating subsection (h) as subsection (i) and 
     inserting the following after subsection (g):
       ``(h) Relationship to Transportation Security Cards.--Upon 
     application, a State shall issue to an individual a license 
     to operate a motor vehicle transporting in commerce a 
     hazardous material without the security assessment required 
     by this section, provided the individual meets all other 
     applicable requirements for such a license, if the Secretary 
     of Homeland Security has previously determined, under section 
     70105 of title 46, United States Code, that the individual 
     does not pose a security risk.''.
                                 ______
                                 
  SA 4989. Ms. COLLINS (for herself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill H.R. 4954, to 
improve maritime and cargo security through enhanced layered defenses, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ___. INTEROPERABLE COMMUNICATIONS.

       (a) In General.--Title V of the Homeland Security Act of 
     2002 (6 U.S.C. 331 et seq.) is amended--
       (1) by inserting after the title heading the following:

               ``Subtitle A--Preparedness and Response'';

     and
       (2) by adding at the end the following:

                 ``Subtitle B--Emergency Communications

     ``SEC. 551. DEFINITIONS.

       ``In this subtitle--
       ``(1) the term `Administrator' means the Administrator of 
     the Agency;
       ``(2) the term `Agency' means the Federal Emergency 
     Management Agency;
       ``(3) the term `eligible region' means--
       ``(A) 2 or more contiguous incorporated municipalities, 
     counties, parishes, Indian tribes, or other general purpose 
     jurisdictions that--
       ``(i) have joined together to enhance emergency 
     communications capabilities or communications 
     interoperability among emergency response providers in those 
     jurisdictions and with State and Federal officials; and
       ``(ii) includes the largest city in any metropolitan 
     statistical area or metropolitan division, as defined by the 
     Office of Management and Budget; or
       ``(B) any other area the Secretary determines to be 
     consistent with the definition of a region in the national 
     preparedness guidance issued under Homeland Security 
     Presidential Directive 8;
       ``(4) the term `emergency communications capabilities' 
     means the ability to provide and maintain, throughout an 
     emergency response operation, a continuous flow of 
     information among emergency response providers, emergency 
     response agencies, and government officials from multiple 
     disciplines and jurisdictions and at all levels of 
     government, in the event of a natural or man-made disaster 
     (including where there has been significant damage to, or 
     destruction of, critical infrastructure (including 
     substantial loss of ordinary telecommunications 
     infrastructure and sustained loss of electricity));
       ``(5) the terms `interoperable emergency communications 
     system' and `communications interoperability' mean the 
     ability of emergency response providers and relevant Federal, 
     State, and local government officials to--
       ``(A) communicate with each other as necessary, using 
     information technology systems and radio communications 
     systems; and
       ``(B) exchange voice, data, or video with each other on 
     demand, in real time, as necessary;
       ``(6) the term `National Emergency Communications Strategy' 
     means the strategy established under section 553; and
       ``(7) the term `Office of Emergency Communications' means 
     the office established under section 552.

     ``SEC. 552. OFFICE OF EMERGENCY COMMUNICATIONS.

       ``(a) In General.--There is established in the Agency an 
     Office of Emergency Communications.
       ``(b) Director.--The head of the Office of Emergency 
     Communications shall be the Director for Emergency 
     Communications. The Director shall report to the Assistant 
     Secretary for Cybersecurity and Telecommunications.
       ``(c) Responsibilities.--The Director for Emergency 
     Communications shall--
       ``(1) assist the Secretary and the Administrator in 
     developing and implementing the program described in section 
     7303(a)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 194(a)(1));
       ``(2) carry out the responsibilities and authorities of the 
     Department relating to the

[[Page S9527]]

     development and implementation of a strategy to achieve 
     national communications interoperability and emergency 
     communications capabilities and promulgating grant guidance 
     for that purpose;
       ``(3) carry out the responsibilities under section 509;
       ``(4) conduct extensive, nationwide outreach and foster the 
     development of emergency communications capabilities and 
     interoperable communications systems by Federal, State, and 
     local governments and public safety agencies, and by regional 
     consortia thereof, by--
       ``(A) developing, updating, and implementing a national 
     strategy to achieve emergency communications capabilities, 
     with goals and timetables;
       ``(B) developing, updating, and implementing a national 
     strategy to achieve communications interoperability, with 
     goals and timetables;
       ``(C) developing a national architecture, which defines the 
     components of an interoperable system and how the components 
     are constructed;
       ``(D) establishing and maintaining a task force that 
     represents the broad customer base of public safety agencies 
     of State and local governments, and Federal agencies, 
     involved in public safety disciplines such as law 
     enforcement, firefighting, emergency medical services, public 
     health, and disaster recovery, in order to receive input and 
     coordinate efforts to achieve emergency communications 
     capabilities and communications interoperability;
       ``(E) working with the Interoperable Communications 
     Technical Assistance Program to provide technical assistance 
     to State and local government officials;
       ``(F) promoting a greater understanding of the importance 
     of emergency communications capabilities, communications 
     interoperability, and the benefits of sharing resources among 
     all levels of Federal, State, and local government;
       ``(G) promoting development of standard operating 
     procedures for incident response and facilitating the sharing 
     of information on best practices (including from governments 
     abroad) for achieving emergency communications capabilities 
     and communications interoperability;
       ``(H) making recommendations to Congress about any changes 
     in Federal law necessary to remove barriers to achieving 
     emergency communications capabilities and communications 
     interoperability;
       ``(I) funding and conducting pilot programs, as necessary, 
     in order to--
       ``(i) evaluate and validate technology concepts in real-
     world environments to achieve emergency communications 
     capabilities and communications interoperability;
       ``(ii) encourage more efficient use of resources, including 
     equipment and spectrum; and
       ``(iii) test and deploy public safety communications 
     systems that are less prone to failure, support nonvoice 
     services, consume less spectrum, and cost less;
       ``(J) liaisoning with the private sector to develop 
     solutions to improve emergency communications capabilities 
     and achieve communications interoperability;
       ``(K) using modeling and simulation for training exercises 
     and command and control functions at the operational level; 
     and
       ``(L) performing other functions necessary to improve 
     emergency communications capabilities and achieve 
     communications interoperability;
       ``(5) administer the responsibilities and authorities of 
     the Department relating to the Integrated Wireless Network 
     Program;
       ``(6) administer the responsibilities and authorities of 
     the Department relating to the National Communications 
     System;
       ``(7) administer the responsibilities and authorities of 
     the Department related to the Emergency Alert System and the 
     Integrated Public Alert and Warning System;
       ``(8) establish an effective, reliable, integrated, 
     flexible, and comprehensive system to alert and warn the 
     people of the United States in the event of a natural or man-
     made disaster;
       ``(9) administer the responsibilities and authorities of 
     the Department relating to Office of Interoperability and 
     Compatibility;
       ``(10) coordinate the establishment of a national response 
     capability with initial and ongoing planning, implementation, 
     and training for the deployment of backup communications 
     services in the event of a catastrophic loss of local and 
     regional emergency communications services;
       ``(11) assist the President, the National Security Council, 
     the Homeland Security Council, the Director of the Office of 
     Science and Technology Policy, and the Director of the Office 
     of Management and Budget in ensuring emergency communications 
     capabilities;
       ``(12) review, in consultation with the Assistant Secretary 
     for Grants and Training, all interoperable emergency 
     communications plans of Federal, State, and local 
     governments, including Statewide and tactical 
     interoperability plans; and
       ``(13) create an interactive database that contains an 
     inventory of emergency communications assets maintained by 
     the Federal Government and, where appropriate, State and 
     local governments and the private sector, that--
       ``(A) can be deployed rapidly following a natural or man-
     made disaster to assist emergency response providers and 
     State and local governments; and
       ``(B) includes land mobile radio systems, satellite phones, 
     portable infrastructure equipment, backup power system 
     equipment, and other appropriate equipment and systems.

     ``SEC. 553. NATIONAL EMERGENCY COMMUNICATIONS STRATEGY.

       ``(a) In General.--Not later than 180 days after the 
     completion of the baseline assessment under section 554, and 
     in cooperation with State and local governments, Federal 
     departments and agencies, emergency response providers, and 
     the private sector, the Administrator, acting through the 
     Director for Emergency Communications, shall develop a 
     National Emergency Communications Strategy to achieve 
     national emergency communications capabilities and 
     interoperable emergency communications.
       ``(b) Contents.--The National Emergency Communication 
     Strategy shall--
       ``(1) include, in consultation with the National Institute 
     of Standards and Technology, a process for expediting 
     national voluntary consensus-based emergency communications 
     equipment standards for the purchase and use by public safety 
     agencies of interoperable emergency communications equipment 
     and technologies;
       ``(2) identify the appropriate emergency communications 
     capabilities and communications interoperability necessary 
     for Federal, State, and local governments to operate during 
     natural and man-made disasters;
       ``(3) address both short-term and long-term solutions to 
     achieving Federal, State, and local government emergency 
     communications capabilities and interoperable emergency 
     communications systems, including provision of commercially 
     available equipment that facilitates operability, 
     interoperability, coordination, and integration among 
     emergency communications systems;
       ``(4) identify how Federal departments and agencies that 
     respond to natural or man-made disasters can work effectively 
     with State and local governments, in all States, and with 
     such other entities as are necessary to implement the 
     strategy;
       ``(5) include measures to identify and overcome all 
     obstacles to achieving interoperable emergency 
     communications;
       ``(6) set goals and establish timetables for the 
     development of an emergency, command-level communication 
     system based on equipment available across the United States 
     and a nationwide interoperable emergency communications 
     system;
       ``(7) identify appropriate and reasonable measures public 
     safety agencies should employ to ensure that their network 
     infrastructure remains operable during a natural or man-made 
     disaster;
       ``(8) include education of State and local government 
     emergency response providers about the availability of backup 
     emergency communications assets and their importance in 
     planning for natural and man-made disasters;
       ``(9) identify, in consultation with the Federal 
     Communications Commission, measures State and local 
     governments should employ to ensure operability of 911, E911 
     and public safety answering points during natural and man-
     made disasters; and
       ``(10) include building the capability to adapt the 
     distribution and content of emergency alerts on the basis of 
     geographic location, risks, or personal user preferences, as 
     appropriate.

     ``SEC. 554. ASSESSMENTS AND REPORTS.

       ``(a) Baseline Operability and Interoperability 
     Assessment.--Not later than June 1, 2007, and periodically 
     thereafter, but not less frequently than every 5 years, the 
     Administrator, acting through the Director for Emergency 
     Communications, shall conduct an assessment of Federal, 
     State, and local governments to--
       ``(1) define the range of emergency communications 
     capabilities and communications interoperability needed for 
     specific events;
       ``(2) assess the capabilities to meet such communications 
     needs;
       ``(3) determine the degree to which necessary emergency 
     communications capabilities and communications 
     interoperability have been achieved;
       ``(4) ascertain the needs that remain for communications 
     interoperability to be achieved;
       ``(5) assess the ability of communities to provide and 
     maintain emergency communications capabilities and 
     communications interoperability among emergency response 
     providers, and government officials in the event of a natural 
     or man-made disaster, including when there is substantial 
     damage to ordinary communications infrastructure or a 
     sustained loss of electricity;
       ``(6) include a national interoperable emergency 
     communication inventory that--
       ``(A) identifies for each Federal department and agency--
       ``(i) the channels and frequencies used;
       ``(ii) the nomenclature used to refer to each channel or 
     frequency used; and
       ``(iii) the types of communications system and equipment 
     used;
       ``(B) identifies the interoperable emergency communication 
     systems in use for public safety systems in the United 
     States; and
       ``(C) provides a listing of public safety mutual aid 
     channels in operation and their ability to connect to an 
     interoperable emergency communications system; and
       ``(7) compile a list of best practices among communities 
     for providing and maintaining emergency communications 
     capabilities and

[[Page S9528]]

     communications interoperability in the event of a natural or 
     man-made disaster.
       ``(b) Mobile Communications.--The Administrator, acting 
     through the Director of Emergency Communications, shall 
     evaluate the feasibility and desirability of the Department 
     developing, on its own or in conjunction with the Department 
     of Defense, a mobile communications capability, modeled on 
     the Army Signal Corps, that could be deployed to support 
     emergency communications at the site of a natural or man-made 
     disaster.
       ``(c) Annual Report.--Not later than 1 year after the date 
     of enactment of the Port Security Improvements Act of 2006, 
     and annually thereafter until the date that is 10 years after 
     such date, the Administrator, acting through the Director for 
     Emergency Communications, shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report on the progress of the Department in 
     implementing and achieving the goals of this subtitle, 
     including a description of the findings of the most recent 
     nationwide assessment conducted under subsection (a).

     ``SEC. 555. COORDINATION OF FEDERAL EMERGENCY COMMUNICATIONS 
                   GRANT PROGRAMS.

       ``(a) Assessment of Grants and Standards Programs.--The 
     Secretary, acting through the Director for Emergency 
     Communications, in coordination with other Federal 
     departments and agencies, shall review Federal emergency 
     communications grants and standards programs across the 
     Federal government to--
       ``(1) integrate and coordinate Federal grant guidelines for 
     the use of Federal assistance relating to interoperable 
     emergency communications and emergency communications 
     capabilities;
       ``(2) assess and make recommendations to ensure that such 
     guidelines are consistent across the Federal Government; and
       ``(3) assess and make recommendations to ensure conformity 
     with the goals and objectives identified in the National 
     Emergency Communications Strategy.
       ``(b) Denial of Eligibility for Grants.--
       ``(1) In general.--The Secretary may prohibit any State or 
     local government from using Federal homeland security 
     assistance administered by the Department to achieve, 
     maintain, or enhance interoperable emergency communications 
     capabilities if--
       ``(A) such government has not complied with the requirement 
     to submit a Statewide Interoperable Communications Plan under 
     section 7303(f) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 194(f));
       ``(B) the State or local government has not taken adequate 
     steps to maintain operability of network infrastructure in 
     order to prepare for a natural or man-made disaster; or
       ``(C) a grant request does not comply with interoperable 
     communications equipment standards, after those standards 
     have been developed through a voluntary consensus-based 
     process or are promulgated under the authority under 
     paragraph (2).
       ``(2) Standards.--If the Secretary determines that 
     inadequate progress is being made on the completion of 
     voluntary consensus-based interoperable communications 
     equipment standards, the Secretary may promulgate such 
     standards and include them in interoperable communications 
     grant guidance.

     ``SEC. 556. EMERGENCY COMMUNICATIONS INTEROPERABILITY 
                   RESEARCH AND DEVELOPMENT.

       ``(a) In General.--The Secretary shall establish a 
     comprehensive research and development program to promote 
     emergency communications capabilities and communications 
     interoperability among emergency response providers, 
     including by promoting research on a competitive basis 
     through the Directorate of Science and Technology Homeland 
     Security Advanced Research Projects Agency.
       ``(b) Purposes.--The purposes of the program established 
     under subsection (a) include--
       ``(1) understanding the strengths and weaknesses of the 
     diverse public safety communications systems;
       ``(2) examining how current and emerging technology can 
     make public safety organizations more effective, and how 
     Federal, State, and local government agencies can use this 
     technology in a coherent and cost-effective manner;
       ``(3) exploring Federal, State, and local government 
     policies that shall move systematically towards long-term 
     solutions;
       ``(4) evaluating and validating technology concepts, and 
     promoting the deployment of advanced public safety 
     information technologies for emergency communications 
     capabilities and communications interoperability; and
       ``(5) advancing the creation of a national strategy to 
     enhance emergency communications capabilities, promote 
     communications interoperability and efficient use of spectrum 
     in communications systems, improve information sharing across 
     organizations, and use advanced information technology to 
     increase the effectiveness of emergency response providers in 
     valuable new ways.

     ``SEC. 557. EMERGENCY COMMUNICATIONS PILOT PROJECTS.

       ``(a) Establishment.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Port Security Improvements Act of 2006, the 
     Administrator shall establish not fewer than 2 pilot projects 
     to develop and evaluate strategies and technologies for 
     providing and maintaining emergency communications 
     capabilities and communications interoperability among 
     emergency response providers and government officials in the 
     event of a natural or man-made disaster in which there is 
     significant damage to, or destruction of, critical 
     infrastructure, including substantial loss of ordinary 
     telecommunications infrastructure and sustained loss of 
     electricity.
       ``(2) Interoperable data communications.--Not less than 1 
     pilot project under this section shall involve the 
     development of interoperable data communications, including 
     medical and victim information, so that this information can 
     be shared among emergency response providers, as needed, at 
     all levels of government, and in accordance with the 
     regulations promulgated under the Health Insurance 
     Portability and Accountability Act of 1996 (Public Law 104-
     91; 110 Stat. 1936).
       ``(b) Selection Criteria.--In selecting areas for the 
     location of the pilot projects under this section, the 
     Administrator shall consider--
       ``(1) the risk to the area from a large-scale terrorist 
     attack or natural disaster;
       ``(2) the number of potential victims from a large-scale 
     terrorist attack or natural disaster in the area;
       ``(3) the capabilities of the emergency communications 
     systems of the area and capabilities for the development of 
     modeling and simulation training and command and control 
     functions; and
       ``(4) such other criteria as the Administrator may 
     determine appropriate.

     ``SEC. 558. EMERGENCY COMMUNICATIONS AND INTEROPERABILITY 
                   GRANTS.

       ``(a) In General.--The Administrator, through the Office of 
     the Grants and Training, shall make grants to States and 
     eligible regions for initiatives necessary to improve 
     emergency communications capabilities and to achieve short-
     term or long-term solutions to statewide, regional, national, 
     and, where appropriate, international interoperability.
       ``(b) Use of Grant Funds.--Grants awarded under subsection 
     (a) may be used for initiatives to achieve short-term or 
     long-term solutions for emergency communications capabilities 
     and communications interoperability within the State or 
     region and to assist with any aspect of the communication 
     life cycle, including--
       ``(1) statewide or regional communications planning;
       ``(2) system design and engineering;
       ``(3) procurement and installation of equipment;
       ``(4) exercises;
       ``(5) modeling and simulation exercises for operational 
     command and control functions;
       ``(6) other activities determined by the Administrator to 
     be integral to the achievement of emergency communications 
     capabilities and communications interoperability; and
       ``(7) technical assistance and training.
       ``(c) Coordination.--The Administrator shall ensure that 
     the Office of Grants and Training coordinates its activities 
     with the Office of Emergency Communications, the Directorate 
     of Science and Technology and other Federal entities so that 
     grants awarded under this section, and other grant programs 
     related to homeland security, fulfill the purposes of this 
     section and facilitate the achievement of emergency 
     communications capabilities and communications 
     interoperability consistent with the national strategy.
       ``(d) Application.--
       ``(1) In general.--A State or eligible region desiring a 
     grant under this section shall submit an application at such 
     time, in such manner, and accompanied by such information as 
     the Administrator may reasonably require.
       ``(2) Minimum contents.--At a minimum, each application 
     submitted under paragraph (1) shall--
       ``(A) identify the critical aspects of the communications 
     life cycle, including planning, system design and 
     engineering, procurement and installation, and training for 
     which funding is requested;
       ``(B) describe how--
       ``(i) the proposed use of funds would be consistent with 
     and address the goals in any applicable State homeland 
     security plan, and, unless the Secretary determines 
     otherwise, is consistent with the national strategy and 
     architecture; and
       ``(ii) the applicant intends to spend funds under the 
     grant, to administer such funds, and to allocate such funds 
     among any participating local governments; and
       ``(C) be consistent with the Interoperable Communications 
     Plan required by section 7303(f) of the Intelligence Reform 
     and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).
       ``(e) State Review and Submission.--
       ``(1) In general.--To ensure consistency with State 
     homeland security plans, an eligible region applying for a 
     grant under this section shall submit its application to each 
     State within which any part of the eligible region is located 
     for review before submission of such application to the 
     Administrator.
       ``(2) Deadline.--Not later than 30 days after receiving an 
     application from an eligible region under paragraph (1), each 
     such State shall transmit the application to the 
     Administrator.
       ``(3) State disagreement.--If the Governor of any such 
     State determines that a regional

[[Page S9529]]

     application is inconsistent with the State homeland security 
     plan of that State, or otherwise does not support the 
     application, the Governor shall--
       ``(A) notify the Administrator in writing of that fact; and
       ``(B) provide an explanation of the reasons for not 
     supporting the application at the time of transmission of the 
     application.
       ``(f) Award of Grants.--
       ``(1) Considerations.--In approving applications and 
     awarding grants under this section, the Administrator shall 
     consider--
       ``(A) the nature of the threat to the State or eligible 
     region from natural or man-made disasters;
       ``(B) the location, risk, or vulnerability of critical 
     infrastructure and key national assets, including the 
     consequences from damage to critical infrastructure in nearby 
     jurisdictions as a result of a natural or man-made disaster;
       ``(C) the size of the population, and the population 
     density of the area, that will be served by the interoperable 
     emergency communications systems, except that the Secretary 
     shall not establish a minimum population requirement that 
     would disqualify from consideration an area that otherwise 
     faces significant threats, vulnerabilities, or consequences 
     from a natural or man-made disaster;
       ``(D) the extent to which grants will be used to implement 
     emergency communications and interoperability solutions--
       ``(i) consistent with the national strategy and compatible 
     with national infrastructure and equipment standards; and
       ``(ii) more efficient and cost effective than current 
     approaches;
       ``(E) the number of jurisdictions within regions 
     participating in the development of emergency communications 
     capabilities and interoperable emergency communications 
     systems, including the extent to which the application 
     includes all incorporated municipalities, counties, parishes, 
     and tribal governments within the State or eligible region, 
     and their coordination with Federal and State agencies;
       ``(F) the extent to which a grant would expedite the 
     achievement of emergency communications capabilities and 
     communications interoperability in the State or eligible 
     region with Federal, State, and local government agencies;
       ``(G) the extent to which a State or eligible region, given 
     its financial capability, demonstrates its commitment to 
     expeditiously achieving emergency communications capabilities 
     and communications interoperability by supplementing Federal 
     funds with non-Federal funds;
       ``(H) whether the State or eligible region is on or near an 
     international border;
       ``(I) whether the State or eligible region encompasses an 
     economically significant border crossing;
       ``(J) whether the State or eligible region has a coastline 
     bordering an ocean or international waters including the 
     Great Lakes;
       ``(K) the extent to which geographic barriers pose unusual 
     obstacles to achieving emergency communications capabilities 
     or communications interoperability;
       ``(L) the threats, vulnerabilities, and consequences faced 
     by the State or eligible region related to at-risk sites or 
     activities in nearby jurisdictions, including the need to 
     respond to natural or man-made disasters arising in those 
     jurisdictions;
       ``(M) the need to achieve nationwide emergency 
     communications capabilities and communications 
     interoperability, consistent with the national strategies;
       ``(N) the extent to which the State has formulated a State 
     executive interoperability committee or conducted similar 
     statewide planning efforts;
       ``(O) whether the activity for which a grant requested is 
     being funded under another homeland security grant program; 
     and
       ``(P) such other factors as are specified by the Secretary 
     in writing.
       ``(2) Review panel.--
       ``(A) In general.--The Secretary shall establish a review 
     panel under section 871(a) to assist in reviewing grant 
     applications under this section.
       ``(B) Recommendations.--The review panel established under 
     subparagraph (A) shall make recommendations to the 
     Administrator regarding applications for grants under this 
     section.
       ``(C) Membership.--The review panel established under 
     subparagraph (A) shall include individuals with technical 
     expertise in emergency communications and communications 
     interoperability and emergency response providers and other 
     relevant State and local government officials.
       ``(3) Availability of funds.--Any grant funds awarded that 
     may be used to support emergency communications capabilities 
     or communications interoperability shall, as the 
     Administrator may determine, remain available for up to 3 
     years, consistent with section 7303(e) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
     194(e)).''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out subtitle B of title V of the 
     Homeland Security Act of 2002, as added by this Act--
       (1) $400,000,000 for each of fiscal years 2007 through 
     2011; and
       (2) such sums as are necessary for each fiscal year 
     thereafter.
       (c) Conforming Amendments Relating to Intelligence 
     Reform.--Section 7303(g) of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)) is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Interoperable emergency communications system and 
     communications interoperability.--The terms `interoperable 
     emergency communications system' and `communications 
     interoperability' mean the ability of emergency response 
     providers and relevant Federal, State, and local government 
     agencies to--
       ``(A) communicate with each other as necessary, using 
     information technology systems and radio communications 
     systems; and
       ``(B) exchange voice, data, or video with each other on 
     demand, in real time, as necessary.''; and
       (2) by adding at the end the following:
       ``(3) Emergency communications capabilities.--The term 
     `emergency communications capabilities' means the ability to 
     provide and maintain, throughout an emergency response 
     operation, a continuous flow of information among emergency 
     responders, agencies, and government officials from multiple 
     disciplines and jurisdictions and at all levels of government 
     in the event of a natural disaster, terrorist attack, or 
     other large-scale or catastrophic emergency, including where 
     there has been significant damage to, or destruction of, 
     critical infrastructure, substantial loss of ordinary 
     telecommunications infrastructure, and sustained loss of 
     electricity.''.
       (d) Border Interoperability Demonstration Projects.--
       (1) Definitions.--In this subsection--
       (A) the term ``demonstration project'' means a 
     demonstration project established under paragraph (2)(A); and
       (B) the term ``interoperable emergency communications 
     system'' has the meaning given that term in section 551 of 
     the Homeland Security Act of 2002, as added by this Act.
       (2) In general.--
       (A) Establishment.--There is established in the Department 
     an ``International Border Community Interoperable 
     Communications Demonstration Project''.
       (B) Minimum number of communities.--The Secretary shall 
     select not fewer than 6 communities to participate in a 
     demonstration project.
       (C) Location of communities.--Not fewer than 3 of the 
     communities selected under subparagraph (B) shall be located 
     on the northern border of the United States and not fewer 
     than 3 of the communities selected under subparagraph (B) 
     shall be located on the southern border of the United States.
       (3) Project requirements.--A demonstration project shall--
       (A) address the interoperable emergency communications 
     system needs of police officers, firefighters, emergency 
     medical technicians, National Guard, and other emergency 
     response providers;
       (B) foster interoperable emergency communications systems--
       (i) among Federal, State, local, and tribal government 
     agencies in the United States involved in preventing or 
     responding to terrorist attacks or other catastrophic events; 
     and
       (ii) with similar agencies in Canada or Mexico;
       (C) identify common international cross-border frequencies 
     for communications equipment, including radio or computer 
     messaging equipment;
       (D) foster the standardization of equipment for 
     interoperable emergency communications systems;
       (E) identify solutions that will facilitate communications 
     interoperability across national borders expeditiously;
       (F) ensure that emergency response providers can 
     communicate with each other and the public at disaster sites;
       (G) provide training and equipment to enable emergency 
     response providers to deal with threats and contingencies in 
     a variety of environments; and
       (H) identify and secure appropriate joint-use equipment to 
     ensure communications access.
       (4) Distribution of funds.--
       (A) In general.--The Secretary shall distribute funds under 
     this subsection to each community participating in a 
     demonstration project through the State, or States, in which 
     each community is located.
       (B) Other participants.--Not later than 60 days after 
     receiving funds under subparagraph (A), a State receiving 
     funds under this subsection shall make the funds available to 
     the local governments and emergency response providers 
     selected by the Secretary to participate in a demonstration 
     project.
       (5) Reporting.--Not later than December 31, 2007, and each 
     year thereafter in which funds are appropriated for a 
     demonstration project, the Secretary shall submit to the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives a report on the demonstration 
     projects.
       (e) Technical Amendments.--
       (1) In general.--The Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.) is amended by redesignating the section 
     510 relating to urban and other high risk area communications 
     capabilities as section 511.

[[Page S9530]]

       (2) Table of contents.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
     seq.) is amended--
       (A) by inserting before the item relating to section 501 
     the following:

               ``Subtitle A--Preparedness and Response'';

and
       (B) by adding after the item relating to section 509 the 
     following:

``Sec. 510. Procurement of security countermeasures for strategic 
              national stockpile.
``Sec. 511. Urban and other high risk area communications capabilities.

                 ``Subtitle B--Emergency Communications

``Sec. 551. Definitions.
``Sec. 552. Office of Emergency Communications.
``Sec. 553. National Emergency Communications Strategy.
``Sec. 554. Assessments and reports.
``Sec. 555. Coordination of Federal emergency communications grant 
              programs.
``Sec. 556. Emergency communications interoperability research and 
              development.
``Sec. 557. Emergency communications pilot projects.
``Sec. 558. Emergency communications and interoperability grants.''.
                                 ______
                                 
  SA 4990. Mr. SANTORUM submitted an amendment intended to be proposed 
by him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; as follows:

       On page 87, after line 18, add the following:

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Border Security First Act 
     of 2006''.

     SEC. 502. REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.).

     SEC. 503. DEFINITIONS.

       In this title:
       (1) Department.--Except as otherwise provided, the term 
     ``Department'' means the Department of Homeland Security.
       (2) Secretary.--Except as otherwise provided, the term 
     ``Secretary'' means the Secretary of Homeland Security.

     SEC. 504. SEVERABILITY.

       If any provision of this title, any amendment made by this 
     title, or the application of such provision or amendment to 
     any person or circumstance is held to be invalid for any 
     reason, the remainder of this title, the amendments made by 
     this title, and the application of the provisions of such to 
     any other person or circumstance shall not be affected by 
     such holding.

                     Subtitle A--Border Enforcement

        CHAPTER 1--ASSETS FOR CONTROLLING UNITED STATES BORDERS

     SEC. 511. ENFORCEMENT PERSONNEL.

       (a) Additional Personnel.--
       (1) Port of entry inspectors.--In each of the fiscal years 
     2007 through 2011, the Secretary shall, subject to the 
     availability of appropriations, increase by not less than 500 
     the number of positions for full-time active duty port of 
     entry inspectors and provide appropriate training, equipment, 
     and support to such additional inspectors.
       (2) Investigative personnel.--
       (A) Immigration and customs enforcement investigators.--
     Section 5203 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3734) 
     is amended by striking ``800'' and inserting ``1000''.
       (B) Additional personnel.--In addition to the positions 
     authorized under section 5203 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004, as amended by subparagraph 
     (A), during each of the fiscal years 2007 through 2011, the 
     Secretary shall, subject to the availability of 
     appropriations, increase by not less than 200 the number of 
     positions for personnel within the Department assigned to 
     investigate alien smuggling.
       (3) Deputy united states marshals.--In each of the fiscal 
     years 2007 through 2011, the Attorney General shall, subject 
     to the availability of appropriations, increase by not less 
     than 50 the number of positions for full-time active duty 
     Deputy United States Marshals that investigate criminal 
     matters related to immigration.
       (4) Recruitment of former military personnel.--
       (A) In general.--The Commissioner of United States Customs 
     and Border Protection, in conjunction with the Secretary of 
     Defense or a designee of the Secretary of Defense, shall 
     establish a program to actively recruit members of the Army, 
     Navy, Air Force, Marine Corps, and Coast Guard who have 
     elected to separate from active duty.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Commissioner shall submit a report 
     on the implementation of the recruitment program established 
     pursuant to subparagraph (A) to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.
       (b) Authorization of Appropriations.--
       (1) Port of entry inspectors.--There are authorized to be 
     appropriated to the Secretary such sums as may be necessary 
     for each of the fiscal years 2007 through 2011 to carry out 
     subsection (a)(1).
       (2) Deputy united states marshals.--There are authorized to 
     be appropriated to the Attorney General such sums as may be 
     necessary for each of the fiscal years 2007 through 2011 to 
     carry out subsection (a)(3).
       (3) Border patrol agents.--Section 5202 of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (118 Stat. 3734) 
     is amended to read as follows:

     ``SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.

       ``(a) Annual Increases.--The Secretary of Homeland Security 
     shall, subject to the availability of appropriations for such 
     purpose, increase the number of positions for full-time 
     active-duty border patrol agents within the Department of 
     Homeland Security (above the number of such positions for 
     which funds were appropriated for the preceding fiscal year), 
     by--
       ``(1) 2,000 in fiscal year 2006;
       ``(2) 2,400 in fiscal year 2007;
       ``(3) 2,400 in fiscal year 2008;
       ``(4) 2,400 in fiscal year 2009;
       ``(5) 2,400 in fiscal year 2010; and
       ``(6) 2,400 in fiscal year 2011.
       ``(b) Northern Border.--In each of the fiscal years 2006 
     through 2011, in addition to the border patrol agents 
     assigned along the northern border of the United States 
     during the previous fiscal year, the Secretary shall assign a 
     number of border patrol agents equal to not less than 20 
     percent of the net increase in border patrol agents during 
     each such fiscal year.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as may be necessary 
     for each of fiscal years 2007 through 2011 to carry out this 
     section.''.

     SEC. 512. TECHNOLOGICAL ASSETS.

       (a) Acquisition.--Subject to the availability of 
     appropriations, the Secretary shall procure additional 
     unmanned aerial vehicles, cameras, poles, sensors, and other 
     technologies necessary to achieve operational control of the 
     international borders of the United States and to establish a 
     security perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration.
       (b) Increased Availability of Equipment.--The Secretary and 
     the Secretary of Defense shall develop and implement a plan 
     to use authorities provided to the Secretary of Defense under 
     chapter 18 of title 10, United States Code, to increase the 
     availability and use of Department of Defense equipment, 
     including unmanned aerial vehicles, tethered aerostat radars, 
     and other surveillance equipment, to assist the Secretary in 
     carrying out surveillance activities conducted at or near the 
     international land borders of the United States to prevent 
     illegal immigration.
       (c) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary and the Secretary of 
     Defense shall submit to Congress a report that contains--
       (1) a description of the current use of Department of 
     Defense equipment to assist the Secretary in carrying out 
     surveillance of the international land borders of the United 
     States and assessment of the risks to citizens of the United 
     States and foreign policy interests associated with the use 
     of such equipment;
       (2) the plan developed under subsection (b) to increase the 
     use of Department of Defense equipment to assist such 
     surveillance activities; and
       (3) a description of the types of equipment and other 
     support to be provided by the Secretary of Defense under such 
     plan during the 1-year period beginning on the date of the 
     submission of the report.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary for each of the fiscal years 2007 through 2011 to 
     carry out subsection (a).
       (e) Unmanned Aerial Vehicle Pilot Program.--During the 1-
     year period beginning on the date on which the report is 
     submitted under subsection (c), the Secretary shall conduct a 
     pilot program to test unmanned aerial vehicles for border 
     surveillance along the international border between Canada 
     and the United States.
       (f) Construction.--Nothing in this section may be construed 
     as altering or amending the prohibition on the use of any 
     part of the Army or the Air Force as a posse comitatus under 
     section 1385 of title 18, United States Code.

     SEC. 513. INFRASTRUCTURE.

       (a) Construction of Border Control Facilities.--Subject to 
     the availability of appropriations, the Secretary shall 
     construct all-weather roads and acquire additional vehicle 
     barriers and facilities necessary to achieve operational 
     control of the international borders of the United States.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary for each of the fiscal years 2007 through 2011 to 
     carry out subsection (a).

     SEC. 514. BORDER PATROL CHECKPOINTS.

       The Secretary may maintain temporary or permanent 
     checkpoints on roadways in border patrol sectors that are 
     located in proximity to the international border between the 
     United States and Mexico.

     SEC. 515. PORTS OF ENTRY.

       The Secretary is authorized to--

[[Page S9531]]

       (1) construct additional ports of entry along the 
     international land borders of the United States, at locations 
     to be determined by the Secretary; and
       (2) make necessary improvements to the ports of entry in 
     existence on the date of the enactment of this Act.

     SEC. 516. CONSTRUCTION OF STRATEGIC BORDER FENCING AND 
                   VEHICLE BARRIERS.

       (a) Tucson Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Tucson Sector located proximate to population 
     centers in Douglas, Nogales, Naco, and Lukeville, Arizona 
     with double- or triple-layered fencing running parallel to 
     the international border between the United States and 
     Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas, except 
     that the double- or triple-layered fence shall extend west of 
     Naco, Arizona, for a distance of 10 miles; and
       (3) construct not less than 150 miles of vehicle barriers 
     and all-weather roads in the Tucson Sector running parallel 
     to the international border between the United States and 
     Mexico in areas that are known transit points for illegal 
     cross-border traffic.
       (b) Yuma Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Yuma Sector located proximate to population 
     centers in Yuma, Somerton, and San Luis, Arizona with double- 
     or triple-layered fencing running parallel to the 
     international border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas in the 
     Yuma Sector; and
       (3) construct not less than 50 miles of vehicle barriers 
     and all-weather roads in the Yuma Sector running parallel to 
     the international border between the United States and Mexico 
     in areas that are known transit points for illegal cross-
     border traffic.
       (c) Other High Trafficked Areas.--The Secretary shall 
     construct not less than 370 miles of triple-layered fencing 
     which may include portions already constructed in San Diego, 
     Tucson, and Yuma Sectors, and 500 miles of vehicle barriers 
     in other areas along the southwest border that the Secretary 
     determines are areas that are most often used by smugglers 
     and illegal aliens attempting to gain illegal entry into the 
     United States.
       (d) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a), (b), and (c) and shall complete 
     such construction not later than 2 years after the date of 
     the enactment of this Act.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing the fencing, barriers, and roads described in 
     subsections (a), (b), and (c).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

       CHAPTER 2--BORDER SECURITY PLANS, STRATEGIES, AND REPORTS

     SEC. 521. SURVEILLANCE PLAN.

       (a) Requirement for Plan.--The Secretary shall develop a 
     comprehensive plan for the systematic surveillance of the 
     international land and maritime borders of the United States.
       (b) Content.--The plan required by subsection (a) shall 
     include the following:
       (1) An assessment of existing technologies employed on the 
     international land and maritime borders of the United States.
       (2) A description of the compatibility of new surveillance 
     technologies with surveillance technologies in use by the 
     Secretary on the date of the enactment of this Act.
       (3) A description of how the Commissioner of the United 
     States Customs and Border Protection of the Department is 
     working, or is expected to work, with the Under Secretary for 
     Science and Technology of the Department to identify and test 
     surveillance technology.
       (4) A description of the specific surveillance technology 
     to be deployed.
       (5) Identification of any obstacles that may impede such 
     deployment.
       (6) A detailed estimate of all costs associated with such 
     deployment and with continued maintenance of such 
     technologies.
       (7) A description of how the Secretary is working with the 
     Administrator of the Federal Aviation Administration on 
     safety and airspace control issues associated with the use of 
     unmanned aerial vehicles.
       (c) Submission to Congress.--Not later than 6 months after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress the plan required by this section.

     SEC. 522. NATIONAL STRATEGY FOR BORDER SECURITY.

       (a) Requirement for Strategy.--The Secretary, in 
     consultation with the heads of other appropriate Federal 
     agencies, shall develop a National Strategy for Border 
     Security that describes actions to be carried out to achieve 
     operational control over all ports of entry into the United 
     States and the international land and maritime borders of the 
     United States.
       (b) Content.--The National Strategy for Border Security 
     shall include the following:
       (1) The implementation schedule for the comprehensive plan 
     for systematic surveillance described in section 521.
       (2) An assessment of the threat posed by terrorists and 
     terrorist groups that may try to infiltrate the United States 
     at locations along the international land and maritime 
     borders of the United States.
       (3) A risk assessment for all United States ports of entry 
     and all portions of the international land and maritime 
     borders of the United States that includes a description of 
     activities being undertaken--
       (A) to prevent the entry of terrorists, other unlawful 
     aliens, instruments of terrorism, narcotics, and other 
     contraband into the United States; and
       (B) to protect critical infrastructure at or near such 
     ports of entry or borders.
       (4) An assessment of the legal requirements that prevent 
     achieving and maintaining operational control over the entire 
     international land and maritime borders of the United States.
       (5) An assessment of the most appropriate, practical, and 
     cost-effective means of defending the international land and 
     maritime borders of the United States against threats to 
     security and illegal transit, including intelligence 
     capacities, technology, equipment, personnel, and training 
     needed to address security vulnerabilities.
       (6) An assessment of staffing needs for all border security 
     functions, taking into account threat and vulnerability 
     information pertaining to the borders and the impact of new 
     security programs, policies, and technologies.
       (7) A description of the border security roles and missions 
     of Federal, State, regional, local, and tribal authorities, 
     and recommendations regarding actions the Secretary can carry 
     out to improve coordination with such authorities to enable 
     border security and enforcement activities to be carried out 
     in a more efficient and effective manner.
       (8) An assessment of existing efforts and technologies used 
     for border security and the effect of the use of such efforts 
     and technologies on civil rights, personal property rights, 
     privacy rights, and civil liberties, including an assessment 
     of efforts to take into account asylum seekers, trafficking 
     victims, unaccompanied minor aliens, and other vulnerable 
     populations.
       (9) A prioritized list of research and development 
     objectives to enhance the security of the international land 
     and maritime borders of the United States.
       (10) A description of ways to ensure that the free flow of 
     travel and commerce is not diminished by efforts, activities, 
     and programs aimed at securing the international land and 
     maritime borders of the United States.
       (11) An assessment of additional detention facilities and 
     beds that are needed to detain unlawful aliens apprehended at 
     United States ports of entry or along the international land 
     borders of the United States.
       (12) A description of the performance metrics to be used to 
     ensure accountability by the bureaus of the Department in 
     implementing such Strategy.
       (13) A schedule for the implementation of the security 
     measures described in such Strategy, including a 
     prioritization of security measures, realistic deadlines for 
     addressing the security and enforcement needs, an estimate of 
     the resources needed to carry out such measures, and a 
     description of how such resources should be allocated.
       (c) Consultation.--In developing the National Strategy for 
     Border Security, the Secretary shall consult with 
     representatives of--
       (1) State, local, and tribal authorities with 
     responsibility for locations along the international land and 
     maritime borders of the United States; and
       (2) appropriate private sector entities, nongovernmental 
     organizations, and affected communities that have expertise 
     in areas related to border security.
       (d) Coordination.--The National Strategy for Border 
     Security shall be consistent with the National Strategy for 
     Maritime Security developed pursuant to Homeland Security 
     Presidential Directive 13, dated December 21, 2004.
       (e) Submission to Congress.--
       (1) Strategy.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     the National Strategy for Border Security.
       (2) Updates.--The Secretary shall submit to Congress any 
     update of such Strategy that the Secretary determines is 
     necessary, not later than 30 days after such update is 
     developed.
       (f) Immediate Action.--Nothing in this section or section 
     521 may be construed to relieve the Secretary of the 
     responsibility to take all actions necessary and appropriate 
     to achieve and maintain operational control over the entire 
     international land and maritime borders of the United States.

     SEC. 523. REPORTS ON IMPROVING THE EXCHANGE OF INFORMATION ON 
                   NORTH AMERICAN SECURITY.

       (a) Requirement for Reports.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, the Secretary of State, in coordination with the 
     Secretary and the heads of other appropriate Federal 
     agencies, shall submit to Congress a report on improving the 
     exchange of information related to the security of North 
     America.
       (b) Contents.--Each report submitted under subsection (a) 
     shall contain a description of the following:
       (1) Security clearances and document integrity.--The 
     progress made toward the development of common enrollment, 
     security,

[[Page S9532]]

     technical, and biometric standards for the issuance, 
     authentication, validation, and repudiation of secure 
     documents, including--
       (A) technical and biometric standards based on best 
     practices and consistent with international standards for the 
     issuance, authentication, validation, and repudiation of 
     travel documents, including--
       (i) passports;
       (ii) visas; and
       (iii) permanent resident cards;
       (B) working with Canada and Mexico to encourage foreign 
     governments to enact laws to combat alien smuggling and 
     trafficking, and laws to forbid the use and manufacture of 
     fraudulent travel documents and to promote information 
     sharing;
       (C) applying the necessary pressures and support to ensure 
     that other countries meet proper travel document standards 
     and are committed to travel document verification before the 
     citizens of such countries travel internationally, including 
     travel by such citizens to the United States; and
       (D) providing technical assistance for the development and 
     maintenance of a national database built upon identified best 
     practices for biometrics associated with visa and travel 
     documents.
       (2) Immigration and visa management.--The progress of 
     efforts to share information regarding high-risk individuals 
     who may attempt to enter Canada, Mexico, or the United 
     States, including the progress made--
       (A) in implementing the Statement of Mutual Understanding 
     on Information Sharing, signed by Canada and the United 
     States in February 2003; and
       (B) in identifying trends related to immigration fraud, 
     including asylum and document fraud, and to analyze such 
     trends.
       (3) Visa policy coordination and immigration security.--The 
     progress made by Canada, Mexico, and the United States to 
     enhance the security of North America by cooperating on visa 
     policy and identifying best practices regarding immigration 
     security, including the progress made--
       (A) in enhancing consultation among officials who issue 
     visas at the consulates or embassies of Canada, Mexico, or 
     the United States throughout the world to share information, 
     trends, and best practices on visa flows;
       (B) in comparing the procedures and policies of Canada and 
     the United States related to visitor visa processing, 
     including--
       (i) application process;
       (ii) interview policy;
       (iii) general screening procedures;
       (iv) visa validity;
       (v) quality control measures; and
       (vi) access to appeal or review;
       (C) in exploring methods for Canada, Mexico, and the United 
     States to waive visa requirements for nationals and citizens 
     of the same foreign countries;
       (D) in providing technical assistance for the development 
     and maintenance of a national database built upon identified 
     best practices for biometrics associated with immigration 
     violators;
       (E) in developing and implementing an immigration security 
     strategy for North America that works toward the development 
     of a common security perimeter by enhancing technical 
     assistance for programs and systems to support advanced 
     automated reporting and risk targeting of international 
     passengers;
       (F) in sharing information on lost and stolen passports on 
     a real-time basis among immigration or law enforcement 
     officials of Canada, Mexico, and the United States; and
       (G) in collecting 10 fingerprints from each individual who 
     applies for a visa.
       (4) North american visitor overstay program.--The progress 
     made by Canada and the United States in implementing parallel 
     entry-exit tracking systems that, while respecting the 
     privacy laws of both countries, share information regarding 
     third country nationals who have overstayed their period of 
     authorized admission in either Canada or the United States.
       (5) Terrorist watch lists.--The progress made in enhancing 
     the capacity of the United States to combat terrorism through 
     the coordination of counterterrorism efforts, including the 
     progress made--
       (A) in developing and implementing bilateral agreements 
     between Canada and the United States and between Mexico and 
     the United States to govern the sharing of terrorist watch 
     list data and to comprehensively enumerate the uses of such 
     data by the governments of each country;
       (B) in establishing appropriate linkages among Canada, 
     Mexico, and the United States Terrorist Screening Center; and
       (C) in exploring with foreign governments the establishment 
     of a multilateral watch list mechanism that would facilitate 
     direct coordination between the country that identifies an 
     individual as an individual included on a watch list, and the 
     country that owns such list, including procedures that 
     satisfy the security concerns and are consistent with the 
     privacy and other laws of each participating country.
       (6) Money laundering, currency smuggling, and alien 
     smuggling.--The progress made in improving information 
     sharing and law enforcement cooperation in combating 
     organized crime, including the progress made--
       (A) in combating currency smuggling, money laundering, 
     alien smuggling, and trafficking in alcohol, firearms, and 
     explosives;
       (B) in implementing the agreement between Canada and the 
     United States known as the Firearms Trafficking Action Plan;
       (C) in determining the feasibility of formulating a 
     firearms trafficking action plan between Mexico and the 
     United States;
       (D) in developing a joint threat assessment on organized 
     crime between Canada and the United States;
       (E) in determining the feasibility of formulating a joint 
     threat assessment on organized crime between Mexico and the 
     United States;
       (F) in developing mechanisms to exchange information on 
     findings, seizures, and capture of individuals transporting 
     undeclared currency; and
       (G) in developing and implementing a plan to combat the 
     transnational threat of illegal drug trafficking.
       (7) Law enforcement cooperation.--The progress made in 
     enhancing law enforcement cooperation among Canada, Mexico, 
     and the United States through enhanced technical assistance 
     for the development and maintenance of a national database 
     built upon identified best practices for biometrics 
     associated with known and suspected criminals or terrorists, 
     including exploring the formation of law enforcement teams 
     that include personnel from the United States and Mexico, and 
     appropriate procedures for such teams.

     SEC. 524. IMPROVING THE SECURITY OF MEXICO'S SOUTHERN BORDER.

       (a) Technical Assistance.--The Secretary of State, in 
     coordination with the Secretary, shall work to cooperate with 
     the head of Foreign Affairs Canada and the appropriate 
     officials of the Government of Mexico to establish a 
     program--
       (1) to assess the specific needs of Guatemala and Belize in 
     maintaining the security of the international borders of such 
     countries;
       (2) to use the assessment made under paragraph (1) to 
     determine the financial and technical support needed by 
     Guatemala and Belize from Canada, Mexico, and the United 
     States to meet such needs;
       (3) to provide technical assistance to Guatemala and Belize 
     to promote issuance of secure passports and travel documents 
     by such countries; and
       (4) to encourage Guatemala and Belize--
       (A) to control alien smuggling and trafficking;
       (B) to prevent the use and manufacture of fraudulent travel 
     documents; and
       (C) to share relevant information with Mexico, Canada, and 
     the United States.
       (b) Border Security for Belize, Guatemala, and Mexico.--The 
     Secretary, in consultation with the Secretary of State, shall 
     work to cooperate--
       (1) with the appropriate officials of the Government of 
     Guatemala and the Government of Belize to provide law 
     enforcement assistance to Guatemala and Belize that 
     specifically addresses immigration issues to increase the 
     ability of the Government of Guatemala to dismantle human 
     smuggling organizations and gain additional control over the 
     international border between Guatemala and Belize; and
       (2) with the appropriate officials of the Government of 
     Belize, the Government of Guatemala, the Government of 
     Mexico, and the governments of neighboring contiguous 
     countries to establish a program to provide needed equipment, 
     technical assistance, and vehicles to manage, regulate, and 
     patrol the international borders between Mexico and Guatemala 
     and between Mexico and Belize.
       (c) Tracking Central American Gangs.--The Secretary of 
     State, in coordination with the Secretary and the Director of 
     the Federal Bureau of Investigation, shall work to cooperate 
     with the appropriate officials of the Government of Mexico, 
     the Government of Guatemala, the Government of Belize, and 
     the governments of other Central American countries--
       (1) to assess the direct and indirect impact on the United 
     States and Central America of deporting violent criminal 
     aliens;
       (2) to establish a program and database to track 
     individuals involved in Central American gang activities;
       (3) to develop a mechanism that is acceptable to the 
     governments of Belize, Guatemala, Mexico, the United States, 
     and other appropriate countries to notify such a government 
     if an individual suspected of gang activity will be deported 
     to that country prior to the deportation and to provide 
     support for the reintegration of such deportees into that 
     country; and
       (4) to develop an agreement to share all relevant 
     information related to individuals connected with Central 
     American gangs.
       (d) Limitations on Assistance.--Any funds made available to 
     carry out this section shall be subject to the limitations 
     contained in section 551 of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act of 2006 
     (Public Law 109-102; 119 Stat. 2218).

     SEC. 525. COMBATING HUMAN SMUGGLING.

       (a) Requirement for Plan.--The Secretary shall develop and 
     implement a plan to improve coordination between the Bureau 
     of Immigration and Customs Enforcement and the Bureau of 
     Customs and Border Protection of the Department and any other 
     Federal, State, local, or tribal authorities, as determined 
     appropriate by the Secretary, to improve coordination efforts 
     to combat human smuggling.
       (b) Content.--In developing the plan required by subsection 
     (a), the Secretary shall consider--
       (1) the interoperability of databases utilized to prevent 
     human smuggling;
       (2) adequate and effective personnel training;

[[Page S9533]]

       (3) methods and programs to effectively target networks 
     that engage in such smuggling;
       (4) effective utilization of--
       (A) visas for victims of trafficking and other crimes; and
       (B) investigatory techniques, equipment, and procedures 
     that prevent, detect, and prosecute international money 
     laundering and other operations that are utilized in 
     smuggling;
       (5) joint measures with the Secretary of State to enhance 
     intelligence sharing and cooperation with foreign governments 
     whose citizens are preyed on by human smugglers; and
       (6) other measures that the Secretary considers appropriate 
     to combat human smuggling.
       (c) Report.--Not later than 1 year after implementing the 
     plan described in subsection (a), the Secretary shall submit 
     to Congress a report on such plan, including any 
     recommendations for legislative action to improve efforts to 
     combating human smuggling.
       (d) Savings Provision.--Nothing in this section may be 
     construed to provide additional authority to any State or 
     local entity to enforce Federal immigration laws.

     SEC. 526. DEATHS AT UNITED STATES-MEXICO BORDER.

       (a) Collection of Statistics.--The Commissioner of the 
     Bureau of Customs and Border Protection shall collect 
     statistics relating to deaths occurring at the border between 
     the United States and Mexico, including--
       (1) the causes of the deaths; and
       (2) the total number of deaths.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Commissioner of the Bureau of Customs and Border Protection 
     shall submit to the Secretary a report that--
       (1) analyzes trends with respect to the statistics 
     collected under subsection (a) during the preceding year; and
       (2) recommends actions to reduce the deaths described in 
     subsection (a).

              CHAPTER 3--OTHER BORDER SECURITY INITIATIVES

     SEC. 531. BIOMETRIC DATA ENHANCEMENTS.

       Not later than October 1, 2007, the Secretary shall--
       (1) in consultation with the Attorney General, enhance 
     connectivity between the Automated Biometric Fingerprint 
     Identification System (IDENT) of the Department and the 
     Integrated Automated Fingerprint Identification System 
     (IAFIS) of the Federal Bureau of Investigation to ensure more 
     expeditious data searches; and
       (2) in consultation with the Secretary of State, collect 
     all fingerprints from each alien required to provide 
     fingerprints during the alien's initial enrollment in the 
     integrated entry and exit data system described in section 
     110 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1365a).

     SEC. 532. SECURE COMMUNICATION.

       The Secretary shall, as expeditiously as practicable, 
     develop and implement a plan to improve the use of satellite 
     communications and other technologies to ensure clear and 
     secure 2-way communication capabilities--
       (1) among all border patrol agents conducting operations 
     between ports of entry;
       (2) between border patrol agents and their respective 
     border patrol stations;
       (3) between border patrol agents and residents in remote 
     areas along the international land borders of the United 
     States; and
       (4) between all appropriate border security agencies of the 
     Department and State, local, and tribal law enforcement 
     agencies.

     SEC. 533. BORDER PATROL TRAINING CAPACITY REVIEW.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a review of the basic training provided 
     to border patrol agents by the Secretary to ensure that such 
     training is provided as efficiently and cost-effectively as 
     possible.
       (b) Components of Review.--The review under subsection (a) 
     shall include the following components:
       (1) An evaluation of the length and content of the basic 
     training curriculum provided to new border patrol agents by 
     the Federal Law Enforcement Training Center, including a 
     description of how such curriculum has changed since 
     September 11, 2001, and an evaluation of language and 
     cultural diversity training programs provided within such 
     curriculum.
       (2) A review and a detailed breakdown of the costs incurred 
     by the Bureau of Customs and Border Protection and the 
     Federal Law Enforcement Training Center to train 1 new border 
     patrol agent.
       (3) A comparison, based on the review and breakdown under 
     paragraph (2), of the costs, effectiveness, scope, and 
     quality, including geographic characteristics, with other 
     similar training programs provided by State and local 
     agencies, nonprofit organizations, universities, and the 
     private sector.
       (4) An evaluation of whether utilizing comparable non-
     Federal training programs, proficiency testing, and long-
     distance learning programs may affect--
       (A) the cost-effectiveness of increasing the number of 
     border patrol agents trained per year;
       (B) the per agent costs of basic training; and
       (C) the scope and quality of basic training needed to 
     fulfill the mission and duties of a border patrol agent.

     SEC. 534. US-VISIT SYSTEM.

       Not later than 6 months after the date of the enactment of 
     this Act, the Secretary, in consultation with the heads of 
     other appropriate Federal agencies, shall submit to Congress 
     a schedule for--
       (1) equipping all land border ports of entry of the United 
     States with the U.S.-Visitor and Immigrant Status Indicator 
     Technology (US-VISIT) system implemented under section 110 of 
     the Illegal Immigration Reform and Immigrant Responsibility 
     Act of 1996 (8 U.S.C. 1365a);
       (2) developing and deploying at such ports of entry the 
     exit component of the US-VISIT system; and
       (3) making interoperable all immigration screening systems 
     operated by the Secretary.

     SEC. 535. DOCUMENT FRAUD DETECTION.

       (a) Training.--Subject to the availability of 
     appropriations, the Secretary shall provide all Customs and 
     Border Protection officers with training in identifying and 
     detecting fraudulent travel documents. Such training shall be 
     developed in consultation with the head of the Forensic 
     Document Laboratory of the Bureau of Immigration and Customs 
     Enforcement.
       (b) Forensic Document Laboratory.--The Secretary shall 
     provide all Customs and Border Protection officers with 
     access to the Forensic Document Laboratory.
       (c) Assessment.--
       (1) Requirement for assessment.--The Inspector General of 
     the Department shall conduct an independent assessment of the 
     accuracy and reliability of the Forensic Document Laboratory.
       (2) Report to congress.--Not later than 6 months after the 
     date of the enactment of this Act, the Inspector General 
     shall submit to Congress the findings of the assessment 
     required by paragraph (1).
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary for each of fiscal years 2007 through 2011 to carry 
     out this section.

     SEC. 536. IMPROVED DOCUMENT INTEGRITY.

       (a) In General.--Section 303 of the Enhanced Border 
     Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is 
     amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in the heading, by striking ``ENTRY AND EXIT 
     DOCUMENTS'' and inserting ``TRAVEL AND ENTRY DOCUMENTS AND 
     EVIDENCE OF STATUS'';
       (3) in subsection (b)(1)--
       (A) by striking ``Not later than October 26, 2004, the'' 
     and inserting ``The''; and
       (B) by striking ``visas and'' both places it appears and 
     inserting ``visas, evidence of status, and'';
       (4) by redesignating subsection (d) as subsection (e); and
       (5) by inserting after subsection (c) the following:
       ``(d) Other Documents.--Not later than October 26, 2007, 
     every document, other than an interim document, issued by the 
     Secretary of Homeland Security, which may be used as evidence 
     of an alien's status as an immigrant, nonimmigrant, parolee, 
     asylee, or refugee, shall be machine-readable and tamper-
     resistant, and shall incorporate a biometric identifier to 
     allow the Secretary of Homeland Security to verify 
     electronically the identity and status of the alien.''.

     SEC. 537. CANCELLATION OF VISAS.

       Section 222(g) (8 U.S.C. 1202(g)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary of Homeland Security''; and
       (B) by inserting ``and any other nonimmigrant visa issued 
     by the United States that is in the possession of the alien'' 
     after ``such visa''; and
       (2) in paragraph (2)(A), by striking ``(other than the visa 
     described in paragraph (1)) issued in a consular office 
     located in the country of the alien's nationality'' and 
     inserting ``(other than a visa described in paragraph (1)) 
     issued in a consular office located in the country of the 
     alien's nationality or foreign residence''.

     SEC. 538. BIOMETRIC ENTRY-EXIT SYSTEM.

       (a) Collection of Biometric Data From Aliens Departing the 
     United States.--Section 215 (8 U.S.C. 1185) is amended--
       (1) by redesignating subsection (c) as subsection (g);
       (2) by moving subsection (g), as redesignated by paragraph 
     (1), to the end; and
       (3) by inserting after subsection (b) the following:
       ``(c) The Secretary of Homeland Security is authorized to 
     require aliens departing the United States to provide 
     biometric data and other information relating to their 
     immigration status.''.
       (b) Inspection of Applicants for Admission.--Section 235(d) 
     (8 U.S.C. 1225(d)) is amended by adding at the end the 
     following:
       ``(5) Authority to collect biometric data.--In conducting 
     inspections under subsection (b), immigration officers are 
     authorized to collect biometric data from--
       ``(A) any applicant for admission or alien seeking to 
     transit through the United States; or
       ``(B) any lawful permanent resident who is entering the 
     United States and who is not regarded as seeking admission 
     pursuant to section 101(a)(13)(C).''.
       (c) Collection of Biometric Data From Alien Crewmen.--
     Section 252 (8 U.S.C. 1282)

[[Page S9534]]

     is amended by adding at the end the following:
       ``(d) An immigration officer is authorized to collect 
     biometric data from an alien crewman seeking permission to 
     land temporarily in the United States.''.
       (d) Grounds of Inadmissibility.--Section 212 (8 U.S.C. 
     1182) is amended--
       (1) in subsection (a)(7), by adding at the end the 
     following:
       ``(C) Withholders of biometric data.--Any alien who 
     knowingly fails to comply with a lawful request for biometric 
     data under section 215(c) or 235(d) is inadmissible.''; and
       (2) in subsection (d), by inserting after paragraph (1) the 
     following:
       ``(2) The Secretary of Homeland Security shall determine 
     whether a ground for inadmissibility exists with respect to 
     an alien described in subparagraph (C) of subsection (a)(7) 
     and may waive the application of such subparagraph for an 
     individual alien or a class of aliens, at the discretion of 
     the Secretary.''.
       (e) Implementation.--Section 7208 of the 9/11 Commission 
     Implementation Act of 2004 (8 U.S.C. 1365b) is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(3) Implementation.--In fully implementing the automated 
     biometric entry and exit data system under this section, the 
     Secretary is not required to comply with the requirements of 
     chapter 5 of title 5, United States Code (commonly referred 
     to as the Administrative Procedure Act) or any other law 
     relating to rulemaking, information collection, or 
     publication in the Federal Register.''; and
       (2) in subsection (l)--
       (A) by striking ``There are authorized'' and inserting the 
     following:
       ``(1) In general.--There are authorized''; and
       (B) by adding at the end the following:
       ``(2) Implementation at all land border ports of entry.--
     There are authorized to be appropriated such sums as may be 
     necessary for each of fiscal years 2007 and 2008 to implement 
     the automated biometric entry and exit data system at all 
     land border ports of entry.''.

     SEC. 539. BORDER STUDY.

       (a) Southern Border Study.--The Secretary, in consultation 
     with the Attorney General, the Secretary of the Interior, the 
     Secretary of Agriculture, the Secretary of Defense, the 
     Secretary of Commerce, and the Administrator of the 
     Environmental Protection Agency, shall conduct a study on the 
     construction of a system of physical barriers along the 
     southern international land and maritime border of the United 
     States.
       (b) Report.--Not later than 9 months after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the study described in subsection (a).

     SEC. 540. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

       (a) In General.--The Inspector General of the Department 
     shall review each contract action relating to the Secure 
     Border Initiative having a value of more than $20,000,000, to 
     determine whether each such action fully complies with 
     applicable cost requirements, performance objectives, program 
     milestones, inclusion of small, minority, and women-owned 
     business, and time lines. The Inspector General shall 
     complete a review under this subsection with respect to each 
     contract action--
       (1) not later than 60 days after the date of the initiation 
     of the action; and
       (2) upon the conclusion of the performance of the contract.
       (b) Inspector General.--
       (1) Action.--If the Inspector General becomes aware of any 
     improper conduct or wrongdoing in the course of conducting a 
     contract review under subsection (a), the Inspector General 
     shall, as expeditiously as practicable, refer information 
     relating to such improper conduct or wrongdoing to the 
     Secretary, or to another appropriate official of the 
     Department, who shall determine whether to temporarily 
     suspend the contractor from further participation in the 
     Secure Border Initiative.
       (2) Report.--Upon the completion of each review described 
     in subsection (a), the Inspector General shall submit to the 
     Secretary a report containing the findings of the review, 
     including findings regarding--
       (A) cost overruns;
       (B) significant delays in contract execution;
       (C) lack of rigorous departmental contract management;
       (D) insufficient departmental financial oversight;
       (E) bundling that limits the ability of small businesses to 
     compete; or
       (F) other high-risk business practices.
       (c) Reports by the Secretary.--
       (1) In general.--Not later than 30 days after the receipt 
     of each report required under subsection (b)(2), the 
     Secretary shall submit a report, to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives, that describes--
       (A) the findings of the report received from the Inspector 
     General; and
       (B) the steps the Secretary has taken, or plans to take, to 
     address the problems identified in such report.
       (2) Contracts with foreign companies.--Not later than 60 
     days after the initiation of each contract action with a 
     company whose headquarters is not based in the United States, 
     the Secretary shall submit a report to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives, regarding the Secure Border 
     Initiative.
       (d) Reports on United States Ports.--Not later than 30 days 
     after receiving information regarding a proposed purchase of 
     a contract to manage the operations of a United States port 
     by a foreign entity, the Committee on Foreign Investment in 
     the United States shall submit a report to Congress that 
     describes--
       (1) the proposed purchase;
       (2) any security concerns related to the proposed purchase; 
     and
       (3) the manner in which such security concerns have been 
     addressed.
       (e) Authorization of Appropriations.--In addition to 
     amounts that are otherwise authorized to be appropriated to 
     the Office of the Inspector General of the Department, there 
     are authorized to be appropriated to the Office, to enable 
     the Office to carry out this section--
       (1) for fiscal year 2007, not less than 5 percent of the 
     overall budget of the Office for such fiscal year;
       (2) for fiscal year 2008, not less than 6 percent of the 
     overall budget of the Office for such fiscal year; and
       (3) for fiscal year 2009, not less than 7 percent of the 
     overall budget of the Office for such fiscal year.

     SEC. 541. MANDATORY DETENTION FOR ALIENS APPREHENDED AT OR 
                   BETWEEN PORTS OF ENTRY.

       (a) In General.--Beginning on October 1, 2007, an alien 
     (other than a national of Mexico) who is attempting to 
     illegally enter the United States and who is apprehended at a 
     United States port of entry or along the international land 
     and maritime border of the United States shall be detained 
     until removed or a final decision granting admission has been 
     determined, unless the alien--
       (1) is permitted to withdraw an application for admission 
     under section 235(a)(4) of the Immigration and Nationality 
     Act (8 U.S.C. 1225(a)(4)) and immediately departs from the 
     United States pursuant to such section; or
       (2) is paroled into the United States by the Secretary for 
     urgent humanitarian reasons or significant public benefit in 
     accordance with section 212(d)(5)(A) of such Act (8 U.S.C. 
     1182(d)(5)(A)).
       (b) Requirements During Interim Period.--Beginning 60 days 
     after the date of the enactment of this Act and before 
     October 1, 2007, an alien described in subsection (a) may be 
     released with a notice to appear only if--
       (1) the Secretary determines, after conducting all 
     appropriate background and security checks on the alien, that 
     the alien does not pose a national security risk; and
       (2) the alien provides a bond of not less than $5,000.
       (c) Rules of Construction.--
       (1) Asylum and removal.--Nothing in this section shall be 
     construed as limiting the right of an alien to apply for 
     asylum or for relief or deferral of removal based on a fear 
     of persecution.
       (2) Treatment of certain aliens.--The mandatory detention 
     requirement in subsection (a) does not apply to any alien who 
     is a native or citizen of a country in the Western Hemisphere 
     with whose government the United States does not have full 
     diplomatic relations.
       (3) Discretion.--Nothing in this section shall be construed 
     as limiting the authority of the Secretary, in the 
     Secretary's sole unreviewable discretion, to determine 
     whether an alien described in clause (ii) of section 
     235(b)(1)(B) of the Immigration and Nationality Act shall be 
     detained or released after a finding of a credible fear of 
     persecution (as defined in clause (v) of such section).

     SEC. 542. EVASION OF INSPECTION OR VIOLATION OF ARRIVAL, 
                   REPORTING, ENTRY, OR CLEARANCE REQUIREMENTS.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 555. Evasion of inspection or during violation of 
       arrival, reporting, entry, or clearance requirements

       ``(a) Prohibition.--A person shall be punished as described 
     in subsection (b) if such person attempts to elude or eludes 
     customs, immigration, or agriculture inspection or fails to 
     stop at the command of an officer or employee of the United 
     States charged with enforcing the immigration, customs, or 
     other laws of the United States at a port of entry or customs 
     or immigration checkpoint.
       ``(b) Penalties.--A person who commits an offense described 
     in subsection (a) shall be--
       ``(1) fined under this title;
       ``(2)(A) imprisoned for not more than 3 years, or both;
       ``(B) imprisoned for not more than 10 years, or both, if in 
     commission of this violation, attempts to inflict or inflicts 
     bodily injury (as defined in section 1365(g) of this title); 
     or
       ``(C) imprisoned for any term of years or for life, or 
     both, if death results, and may be sentenced to death; or
       ``(3) both fined and imprisoned under this subsection.
       ``(c) Conspiracy.--If 2 or more persons conspire to commit 
     an offense described in subsection (a), and 1 or more of such 
     persons do any act to effect the object of the conspiracy, 
     each shall be punishable as a principal, except that the 
     sentence of death may not be imposed.

[[Page S9535]]

       ``(d) Prima Facie Evidence.--For the purposes of seizure 
     and forfeiture under applicable law, in the case of use of a 
     vehicle or other conveyance in the commission of this 
     offense, or in the case of disregarding or disobeying the 
     lawful authority or command of any officer or employee of the 
     United States under section 111(b), such conduct shall 
     constitute prima facie evidence of smuggling aliens or 
     merchandise.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 27 of title 18, United States Code, is amended by 
     adding at the end the following:

``555. Evasion of inspection or during violation of arrival, reporting, 
              entry, or clearance requirements''.
       (c) Failure to Obey Border Enforcement Officers.--Section 
     111 of title 18, United States Code, is amended by inserting 
     after subsection (b) the following:
       ``(c) Failure To Obey Lawful Orders of Border Enforcement 
     Officers.--Whoever willfully disregards or disobeys the 
     lawful authority or command of any officer or employee of the 
     United States charged with enforcing the immigration, 
     customs, or other laws of the United States while engaged in, 
     or on account of, the performance of official duties shall be 
     fined under this title or imprisoned for not more than 5 
     years, or both.''.

     SEC. 543. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE 
                   SOUTHERN LAND BORDER OF THE UNITED STATES.

       (a) Authority To Provide Assistance.--
       (1) Annual training duty.--With the approval of the 
     Secretary of Defense, the Governor of a State may order any 
     units or personnel of the National Guard of such State to 
     perform annual training duty under section 502(a) of title 
     32, United States Code, to carry out in any State along the 
     southern land border of the United States the activities 
     authorized in subsection (b), for the purpose of securing 
     such border. Such duty shall not exceed 21 days in any year.
       (2) Other support.--With the approval of the Secretary of 
     Defense, the Governor of a State may order any units or 
     personnel of the National Guard of such State to perform duty 
     under section 502(f) of title 32, United States Code, to 
     provide command, control, and continuity of support for units 
     or personnel performing annual training duty under paragraph 
     (1).
       (b) Authorized Activities.--The activities authorized by 
     this subsection are any of the following:
       (1) Ground reconnaissance activities.
       (2) Airborne reconnaissance activities.
       (3) Logistical support.
       (4) Provision of translation services and training.
       (5) Administrative support services.
       (6) Technical training services.
       (7) Emergency medical assistance and services.
       (8) Communications services.
       (9) Rescue of aliens in peril.
       (10) Construction of roadways, patrol roads, fences, 
     barriers, and other facilities to secure the southern land 
     border of the United States.
       (11) Ground and air transportation.
       (c) Cooperative Agreements.--Units and personnel of the 
     National Guard of a State may perform activities in another 
     State under subsection (a) only pursuant to the terms of an 
     emergency management assistance compact or other cooperative 
     arrangement entered into between Governors of such States for 
     purposes of this section, and only with the approval of the 
     Secretary of Defense.
       (d) Coordination of Assistance.--The Secretary shall, in 
     consultation with the Secretary of Defense and the Governors 
     of the States concerned, coordinate the performance of 
     activities under this section by units and personnel of the 
     National Guard.
       (e) Annual Training.--Annual training duty performed by 
     members of the National Guard under subsection (a) shall be 
     appropriate for the units and individual members concerned, 
     taking into account the types of units and military 
     occupational specialties of individual members performing 
     such duty.
       (f) Definitions.--In this section:
       (1) Governor of a state.--The term ``Governor of a State'' 
     means, in the case of the District of Columbia, the 
     Commanding General of the National Guard of the District of 
     Columbia.
       (2) State.--The term ``State'' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, Guam, and the Virgin Islands.
       (3) State along the southern border of the united states.--
     The term ``State along the southern border of the United 
     States'' means each of the following:
       (A) The State of Arizona.
       (B) The State of California.
       (C) The State of New Mexico.
       (D) The State of Texas.
       (g) Duration of Authority.--The authority of this section 
     shall expire on January 1, 2009.
       (h) Prohibition on Direct Participation in Law 
     Enforcement.--Activities carried out under the authority of 
     this section shall not include the direct participation of a 
     member of the National Guard in a search, seizure, arrest, or 
     similar activity.

     SEC. 544. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS 
                   AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE 
                   IN THE BUREAU OF CUSTOMS AND BORDER PROTECTION.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary and the Secretary 
     of Defense shall jointly submit to the appropriate committees 
     of Congress a report assessing the desirability and 
     feasibility of offering incentives to covered members and 
     former members of the Armed Forces for the purpose of 
     encouraging such members to serve in the Bureau of Customs 
     and Border Protection.
       (b) Covered Members and Former Members of the Armed 
     Forces.--For purposes of this section, covered members and 
     former members of the Armed Forces are the following:
       (1) Members of the reserve components of the Armed Forces.
       (2) Former members of the Armed Forces within 2 years of 
     separation from service in the Armed Forces.
       (c) Requirements and Limitations.--
       (1) Nature of incentives.--In considering incentives for 
     purposes of the report required by subsection (a), the 
     Secretaries shall consider such incentives, whether monetary 
     or otherwise and whether or not authorized by current law or 
     regulations, as the Secretaries jointly consider appropriate.
       (2) Targeting of incentives.--In assessing any incentive 
     for purposes of the report, the Secretaries shall give 
     particular attention to the utility of such incentive in--
       (A) encouraging service in the Bureau of Customs and Border 
     Protection after service in the Armed Forces by covered 
     members and former members of the Armed Forces who have 
     provided border patrol or border security assistance to the 
     Bureau as part of their duties as members of the Armed 
     Forces; and
       (B) leveraging military training and experience by 
     accelerating training, or allowing credit to be applied to 
     related areas of training, required for service with the 
     Bureau of Customs and Border Protection.
       (3) Payment.--In assessing incentives for purposes of the 
     report, the Secretaries shall assume that any costs of such 
     incentives shall be borne by the Department.
       (d) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of various monetary and non-monetary 
     incentives considered for purposes of the report.
       (2) An assessment of the desirability and feasibility of 
     utilizing any such incentive for the purpose specified in 
     subsection (a), including an assessment of the particular 
     utility of such incentive in encouraging service in the 
     Bureau of Customs and Border Protection after service in the 
     Armed Forces by covered members and former members of the 
     Armed Forces described in subsection (c)(2).
       (3) Any other matters that the Secretaries jointly consider 
     appropriate.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committees on Armed Services, Homeland Security and 
     Governmental Affairs, and Appropriations of the Senate; and
       (2) the Committees on Armed Services, Homeland Security, 
     and Appropriations of the House of Representatives.

                CHAPTER 4--BORDER TUNNEL PREVENTION ACT

     SEC. 546. SHORT TITLE.

       This chapter may be cited as the ``Border Tunnel Prevention 
     Act''.

     SEC. 547. CONSTRUCTION OF BORDER TUNNEL OR PASSAGE.

       (a) In General.--Chapter 27 of title 18, United States 
     Code, as amended by section 542, is further amended by adding 
     at the end the following:

     ``Sec. 556. Border tunnels and passages

       ``(a) Any person who knowingly constructs or finances the 
     construction of a tunnel or subterranean passage that crosses 
     the international border between the United States and 
     another country, other than a lawfully authorized tunnel or 
     passage known to the Secretary of Homeland Security and 
     subject to inspection by the Bureau of Immigration and 
     Customs Enforcement, shall be fined under this title and 
     imprisoned for not more than 20 years.
       ``(b) Any person who knows or recklessly disregards the 
     construction or use of a tunnel or passage described in 
     subsection (a) on land that the person owns or controls shall 
     be fined under this title and imprisoned for not more than 10 
     years.
       ``(c) Any person who uses a tunnel or passage described in 
     subsection (a) to unlawfully smuggle an alien, goods (in 
     violation of section 545), controlled substances, weapons of 
     mass destruction (including biological weapons), or a member 
     of a terrorist organization (as defined in section 
     212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a maximum term 
     of imprisonment that is twice the maximum term of 
     imprisonment that would have otherwise been applicable had 
     the unlawful activity not made use of such a tunnel or 
     passage.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     27 of title 18, United States Code, as amended by section 
     542, is further amended by adding at the end the following:

``Sec. 556. Border tunnels and passages''.

       (c) Criminal Forfeiture.--Section 982(a)(6) of title 18, 
     United States Code, is amended by inserting ``556,'' before 
     ``1425,''.

     SEC. 548. DIRECTIVE TO THE UNITED STATES SENTENCING 
                   COMMISSION.

       (a) In General.--Pursuant to its authority under section 
     994 of title 28, United States

[[Page S9536]]

     Code, and in accordance with this section, the United States 
     Sentencing Commission shall promulgate or amend sentencing 
     guidelines to provide for increased penalties for persons 
     convicted of offenses described in section 556 of title 18, 
     United States Code, as added by section 547.
       (b) Requirements.--In carrying out this section, the United 
     States Sentencing Commission shall--
       (1) ensure that the sentencing guidelines, policy 
     statements, and official commentary reflect the serious 
     nature of the offenses described in section 556 of title 18, 
     United States Code, and the need for aggressive and 
     appropriate law enforcement action to prevent such offenses;
       (2) provide adequate base offense levels for offenses under 
     such section;
       (3) account for any aggravating or mitigating circumstances 
     that might justify exceptions, including--
       (A) the use of a tunnel or passage described in subsection 
     (a) of such section to facilitate other felonies; and
       (B) the circumstances for which the sentencing guidelines 
     currently provide applicable sentencing enhancements;
       (4) ensure reasonable consistency with other relevant 
     directives, other sentencing guidelines, and statutes;
       (5) make any necessary and conforming changes to the 
     sentencing guidelines and policy statements; and
       (6) ensure that the sentencing guidelines adequately meet 
     the purposes of sentencing set forth in section 3553(a)(2) of 
     title 18, United States Code.

                   CHAPTER 5--RAPID RESPONSE MEASURES

     SEC. 551. DEPLOYMENT OF BORDER PATROL AGENTS.

       (a) Emergency Deployment of Border Patrol Agents.--
       (1) In general.--If the Governor of a State on an 
     international border of the United States declares an 
     international border security emergency and requests 
     additional United States border patrol agents (referred to in 
     this chapter as ``agents'') from the Secretary, the 
     Secretary, subject to paragraphs (1) and (2), may provide the 
     State with not more than 1,000 additional agents for the 
     purpose of patrolling and defending the international border, 
     in order to prevent individuals from crossing the 
     international border into the United States at any location 
     other than an authorized port of entry.
       (2) Consultation.--Upon receiving a request for agents 
     under paragraph (1), the Secretary, after consultation with 
     the President, shall grant such request to the extent that 
     providing such agents will not significantly impair the 
     Department's ability to provide border security for any other 
     State.
       (3) Collective bargaining.--Emergency deployments under 
     this subsection shall be made in accordance with all 
     applicable collective bargaining agreements and obligations.
       (b) Elimination of Fixed Deployment of Border Patrol 
     Agents.--The Secretary shall ensure that agents are not 
     precluded from performing patrol duties and apprehending 
     violators of law, except in unusual circumstances if the 
     temporary use of fixed deployment positions is necessary.
       (c) Increase in Full-Time Border Patrol Agents.--Section 
     5202(a)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (118 Stat. 3734), as amended by 
     section 511(b)(2), is further amended by striking ``2,000'' 
     and inserting ``3,000''.

     SEC. 552. BORDER PATROL MAJOR ASSETS.

       (a) Control of Border Patrol Assets.--The United States 
     Border Patrol shall have complete and exclusive 
     administrative and operational control over all the assets 
     utilized in carrying out its mission, including, aircraft, 
     watercraft, vehicles, detention space, transportation, and 
     all of the personnel associated with such assets.
       (b) Helicopters and Power Boats.--
       (1) Helicopters.--The Secretary shall increase, by not less 
     than 100, the number of helicopters under the control of the 
     United States Border Patrol. The Secretary shall ensure that 
     appropriate types of helicopters are procured for the various 
     missions being performed.
       (2) Power boats.--The Secretary shall increase, by not less 
     than 250, the number of power boats under the control of the 
     United States Border Patrol. The Secretary shall ensure that 
     the types of power boats that are procured are appropriate 
     for both the waterways in which they are used and the mission 
     requirements.
       (3) Use and training.--The Secretary shall--
       (A) establish an overall policy on how the helicopters and 
     power boats procured under this subsection will be used; and
       (B) implement training programs for the agents who use such 
     assets, including safe operating procedures and rescue 
     operations.
       (c) Motor Vehicles.--
       (1) Quantity.--The Secretary shall establish a fleet of 
     motor vehicles appropriate for use by the United States 
     Border Patrol that will permit a ratio of not less than 1 
     police-type vehicle for every 3 agents. These police-type 
     vehicles shall be replaced not less than every 3 years. The 
     Secretary shall ensure that there are sufficient numbers and 
     types of other motor vehicles to support the mission of the 
     United States Border Patrol.
       (2) Features.--All motor vehicles purchased for the United 
     States Border Patrol shall--
       (A) be appropriate for the mission of the United States 
     Border Patrol; and
       (B) have a panic button and a global positioning system 
     device that is activated solely in emergency situations to 
     track the location of agents in distress.

     SEC. 553. ELECTRONIC EQUIPMENT.

       (a) Portable Computers.--The Secretary shall ensure that 
     each police-type motor vehicle in the fleet of the United 
     States Border Patrol is equipped with a portable computer 
     with access to all necessary law enforcement databases and 
     otherwise suited to the unique operational requirements of 
     the United States Border Patrol.
       (b) Radio Communications.--The Secretary shall augment the 
     existing radio communications system so that all law 
     enforcement personnel working in each area where United 
     States Border Patrol operations are conducted have clear and 
     encrypted 2-way radio communication capabilities at all 
     times. Each portable communications device shall be equipped 
     with a panic button and a global positioning system device 
     that is activated solely in emergency situations to track the 
     location of agents in distress.
       (c) Hand-Held Global Positioning System Devices.--The 
     Secretary shall ensure that each United States Border Patrol 
     agent is issued a state-of-the-art hand-held global 
     positioning system device for navigational purposes.
       (d) Night Vision Equipment.--The Secretary shall ensure 
     that sufficient quantities of state-of-the-art night vision 
     equipment are procured and maintained to enable each United 
     States Border Patrol agent working during the hours of 
     darkness to be equipped with a portable night vision device.

     SEC. 554. PERSONAL EQUIPMENT.

       (a) Body Armor.--The Secretary shall ensure that every 
     agent is issued high-quality body armor that is appropriate 
     for the climate and risks faced by the agent. Each agent 
     shall be permitted to select from among a variety of approved 
     brands and styles. Agents shall be strongly encouraged, but 
     not required, to wear such body armor whenever practicable. 
     All body armor shall be replaced not less than every 5 years.
       (b) Weapons.--The Secretary shall ensure that agents are 
     equipped with weapons that are reliable and effective to 
     protect themselves, their fellow agents, and innocent third 
     parties from the threats posed by armed criminals. The 
     Secretary shall ensure that the policies of the Department 
     authorize all agents to carry weapons that are suited to the 
     potential threats that they face.
       (c) Uniforms.--The Secretary shall ensure that all agents 
     are provided with all necessary uniform items, including 
     outerwear suited to the climate, footwear, belts, holsters, 
     and personal protective equipment, at no cost to such agents. 
     Such items shall be replaced at no cost to such agents as 
     they become worn, unserviceable, or no longer fit properly.

     SEC. 555. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary for each of the fiscal years 
     2007 through 2011 to carry out this chapter.

               Subtitle B--Border Law Enforcement Relief

              CHAPTER 1--BORDER LAW ENFORCEMENT RELIEF ACT

     SEC. 561. SHORT TITLE.

       This chapter may be cited as the ``Border Law Enforcement 
     Relief Act of 2006''.

     SEC. 562. FINDINGS.

       Congress finds the following:
       (1) It is the obligation of the Federal Government of the 
     United States to adequately secure the Nation's borders and 
     prevent the flow of undocumented persons and illegal drugs 
     into the United States.
       (2) Despite the fact that the United States Border Patrol 
     apprehends over 1,000,000 people each year trying to 
     illegally enter the United States, according to the 
     Congressional Research Service, the net growth in the number 
     of unauthorized aliens has increased by approximately 500,000 
     each year. The Southwest border accounts for approximately 94 
     percent of all migrant apprehensions each year. Currently, 
     there are an estimated 11,000,000 unauthorized aliens in the 
     United States.
       (3) The border region is also a major corridor for the 
     shipment of drugs. According to the El Paso Intelligence 
     Center, 65 percent of the narcotics that are sold in the 
     markets of the United States enter the country through the 
     Southwest border.
       (4) Border communities continue to incur significant costs 
     due to the lack of adequate border security. A 2001 study by 
     the United States-Mexico Border Counties Coalition found that 
     law enforcement and criminal justice expenses associated with 
     illegal immigration exceed $89,000,000 annually for the 
     Southwest border counties.
       (5) In August 2005, the States of New Mexico and Arizona 
     declared states of emergency in order to provide local law 
     enforcement immediate assistance in addressing criminal 
     activity along the Southwest border.
       (6) While the Federal Government provides States and 
     localities assistance in covering costs related to the 
     detention of certain criminal aliens and the prosecution of 
     Federal drug cases, local law enforcement along the border 
     are provided no assistance in covering such expenses and must 
     use their limited resources to combat drug trafficking, human 
     smuggling, kidnappings, the destruction of private property, 
     and other border-related crimes.
       (7) The United States shares 5,525 miles of border with 
     Canada and 1,989 miles with

[[Page S9537]]

     Mexico. Many of the local law enforcement agencies located 
     along the border are small, rural departments charged with 
     patrolling large areas of land. Counties along the Southwest 
     United States-Mexico border are some of the poorest in the 
     country and lack the financial resources to cover the 
     additional costs associated with illegal immigration, drug 
     trafficking, and other border-related crimes.
       (8) Federal assistance is required to help local law 
     enforcement operating along the border address the unique 
     challenges that arise as a result of their proximity to an 
     international border and the lack of overall border security 
     in the region.

     SEC. 563. BORDER RELIEF GRANT PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2007 through 2011.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (c) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (d) Definitions.--In this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of fiscal years 2007 through 2011 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--
       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (d).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this subtitle.

     SEC. 564. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

       Nothing in this chapter shall be construed to authorize 
     State or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.

              CHAPTER 2--ADDITIONAL LAW ENFORCEMENT RELIEF

     SEC. 571. STATE CRIMINAL ALIEN ASSISTANCE PROGRAM.

       (a) Reimbursement for Costs Associated With Processing 
     Criminal Illegal Aliens.--The Secretary shall reimburse 
     States and units of local government for costs associated 
     with processing undocumented criminal aliens through the 
     criminal justice system, including--
       (1) indigent defense;
       (2) criminal prosecution;
       (3) autopsies;
       (4) translators and interpreters; and
       (5) court costs.
       (b) Authorization of Appropriations.--
       (1) Processing criminal illegal aliens.--There are 
     authorized to be appropriated $400,000,000 for each of the 
     fiscal years 2007 through 2012 to carry out subsection (a).
       (2) Compensation upon request.--Section 241(i)(5) (8 U.S.C. 
     1231(i)) is amended to read as follows:
       ``(5) There are authorized to be appropriated to carry this 
     subsection--
       ``(A) such sums as may be necessary for fiscal year 2007;
       ``(B) $750,000,000 for fiscal year 2008;
       ``(C) $850,000,000 for fiscal year 2009; and
       ``(D) $950,000,000 for each of the fiscal years 2010 
     through 2012.''.
       (c) Technical Amendment.--Section 501 of the Immigration 
     Reform and Control Act of 1986 (8 U.S.C. 1365) is amended by 
     striking ``Attorney General'' each place it appears and 
     inserting ``Secretary of Homeland Security''.

     SEC. 572. TRANSPORTATION AND PROCESSING OF ILLEGAL ALIENS 
                   APPREHENDED BY STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICERS.

       (a) In General.--The Secretary shall provide sufficient 
     transportation and officers to take illegal aliens 
     apprehended by State and local law enforcement officers into 
     custody for processing at a detention facility operated by 
     the Department.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     fiscal years 2007 through 2011 to carry out this section.

     SEC. 573. EXPEDITED REMOVAL OF CRIMINAL ALIENS.

       (a) In General.--Section 238 (8 U.S.C. 1228) is amended--
       (1) by striking the section heading and inserting 
     ``EXPEDITED REMOVAL OF CRIMINAL ALIENS'';
       (2) in subsection (a), by striking the subsection heading 
     and inserting: ``Expedited Removal From Correctional 
     Facilities.--'';
       (3) in subsection (b), by striking the subsection heading 
     and inserting: ``Removal of Criminal Aliens.--'';
       (4) in subsection (b), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) In general.--The Secretary of Homeland Security may, 
     in the case of an alien described in paragraph (2), determine 
     the deportability of such alien and issue an order of removal 
     pursuant to the procedures set forth in this subsection or 
     section 240.
       ``(2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       ``(A) has not been lawfully admitted to the United States 
     for permanent residence; and
       ``(B) was convicted of any criminal offense described in 
     subparagraph (A)(iii), (C), or (D) of section 237(a)(2).'';
       (5) in the subsection (c) that relates to presumption of 
     deportability, by striking ``convicted of an aggravated 
     felony'' and inserting ``described in subsection (b)(2)'';
       (6) by redesignating the subsection (c) that relates to 
     judicial removal as subsection (d); and
       (7) in subsection (d)(5) (as so redesignated), by striking 
     ``, who is deportable under this Act,''.
       (b) Application to Certain Aliens.--
       (1) In general.--Section 235(b)(1)(A)(iii) (8 U.S.C. 
     1225(b)(1)(A)(iii)) is amended--
       (A) in subclause (I), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'' each place it 
     appears; and
       (B) by adding at the end the following new subclause:

       ``(III) Exception.--Notwithstanding subclauses (I) and 
     (II), the Secretary of Homeland Security shall apply clauses 
     (i) and (ii) of this subparagraph to any alien (other than an 
     alien described in subparagraph (F)) who is not a national of 
     a country contiguous to the United States, who has not been 
     admitted or paroled into the United States, and who is 
     apprehended within 100 miles of an international land border 
     of the United States and within 14 days of entry.''.

       (2) Exception.--Section 235(b)(1)(F) (8 U.S.C. 
     1225(b)(1)(F)) is amended to read as follows:
       ``(F) Exception.--Subparagraph (A) shall not apply to an 
     alien--
       ``(i) who is a native or citizen of a country in the 
     Western Hemisphere with whose government the United States 
     does not have full diplomatic relations; and
       ``(ii) who--

       ``(I) arrives by aircraft at a port of entry; or
       ``(II) is present in the United States and arrived in any 
     manner at or between a port of entry.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to all aliens apprehended or convicted on or 
     after such date.

     SEC. 574. INCREASE OF FEDERAL DETENTION SPACE AND THE 
                   UTILIZATION OF FACILITIES IDENTIFIED FOR 
                   CLOSURE AS A RESULT OF THE DEFENSE BASE CLOSURE 
                   REALIGNMENT ACT OF 1990.

       (a) Construction or Acquisition of Detention Facilities.--

[[Page S9538]]

       (1) In general.--The Secretary shall construct or acquire, 
     in addition to existing facilities for the detention of 
     aliens, at least 20 detention facilities in the United States 
     that have the capacity to detain a combined total of not less 
     than 20,000 individuals at any time for aliens detained 
     pending removal or a decision on removal of such aliens from 
     the United States subject to available appropriations.
       (b) Construction of or Acquisition of Detention 
     Facilities.--
       (1) Requirement to construct or acquire.--The Secretary 
     shall construct or acquire additional detention facilities in 
     the United States to accommodate the detention beds required 
     by section 5204(a) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by subsection (a), subject 
     to available appropriations.
       (2) Use of alternate detention facilities.--Subject to the 
     availability of appropriations, the Secretary shall fully 
     utilize all possible options to cost effectively increase 
     available detention capacities, and shall utilize detention 
     facilities that are owned and operated by the Federal 
     Government if the use of such facilities is cost effective.
       (3) Use of installations under base closure laws.--In 
     acquiring additional detention facilities under this 
     subsection, the Secretary shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for use in accordance with 
     subsection (a).
       (4) Determination of location.--The location of any 
     detention facility constructed or acquired in accordance with 
     this subsection shall be determined, with the concurrence of 
     the Secretary, by the senior officer responsible for 
     Detention and Removal Operations in the Department. The 
     detention facilities shall be located so as to enable the 
     officers and employees of the Department to increase to the 
     maximum extent practicable the annual rate and level of 
     removals of illegal aliens from the United States.
       (c) Annual Report to Congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, in consultation with the heads of other 
     appropriate Federal agencies, the Secretary shall submit to 
     Congress an assessment of the additional detention facilities 
     and bed space needed to detain unlawful aliens apprehended at 
     United States ports of entry or along the international land 
     borders of the United States.
       (d) Technical and Conforming Amendment.--Section 241(g)(1) 
     (8 U.S.C. 1231(g)(1)) is amended by striking ``may expend'' 
     and inserting ``shall expend''.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. 575. NORTHERN BORDER PROSECUTION INITIATIVE.

       (a) Initiative Required.--
       (1) In general.--From amounts made available to carry out 
     this section, the Attorney General, acting through the 
     Director of the Bureau of Justice Assistance of the Office of 
     Justice Programs, shall establish and carry out a program, to 
     be known as the Northern Border Prosecution Initiative, to 
     provide funds to reimburse eligible northern border entities 
     for costs incurred by those entities for handling case 
     dispositions of criminal cases that are federally initiated 
     but federally declined-referred.
       (2) Relation with southwestern border prosecution 
     initiative.--The program established in paragraph (1) shall--
       (A) be modeled after the Southwestern Border Prosecution 
     Initiative; and
       (B) serve as a partner program to that initiative to 
     reimburse local jurisdictions for processing Federal cases.
       (b) Provision and Allocation of Funds.--Funds provided 
     under the program established in subsection (a) shall be--
       (1) provided in the form of direct reimbursements; and
       (2) allocated in a manner consistent with the manner under 
     which funds are allocated under the Southwestern Border 
     Prosecution Initiative.
       (c) Use of Funds.--Funds provided to an eligible northern 
     border entity under this section may be used by the entity 
     for any lawful purpose, including:
       (1) prosecution and related costs;
       (2) court costs;
       (3) costs of courtroom technology;
       (4) costs of constructing holding spaces;
       (5) costs of administrative staff;
       (6) costs of defense counsel for indigent defendants; and
       (7) detention costs, including pretrial and posttrial 
     detention.
       (d) Definitions.--In this section:
       (1) Case disposition.--The term ``case disposition''--
       (A) for purposes of the Northern Border Prosecution 
     Initiative, refers to the time between the arrest of a 
     suspect and the resolution of the criminal charges through a 
     county or State judicial or prosecutorial process; and
       (B) does not include incarceration time for sentenced 
     offenders or time spent by prosecutors on judicial appeals.
       (2) Eligible northern border entity.--The term ``eligible 
     northern border entity'' means--
       (A) the States of Alaska, Idaho, Maine, Michigan, 
     Minnesota, Montana, New Hampshire, New York, North Dakota, 
     Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or
       (B) any unit of local government within a State referred to 
     in subparagraph (A).
       (3) Federally declined-referred.--The term ``federally 
     declined-referred''--
       (A) means, with respect to a criminal case, that a decision 
     has been made in that case by a United States Attorney or a 
     Federal law enforcement agency during a Federal investigation 
     to no longer pursue Federal criminal charges against a 
     defendant and to refer such investigation to a State or local 
     jurisdiction for possible prosecution; and
       (B) includes a decision made on a case-by-case basis as 
     well as a decision made pursuant to a general policy or 
     practice or pursuant to prosecutorial discretion.
       (4) Federally initiated.--The term ``federally initiated'' 
     means, with respect to a criminal case, that the case results 
     from a criminal investigation or an arrest involving Federal 
     law enforcement authorities for a potential violation of 
     Federal criminal law, including investigations resulting from 
     multi-jurisdictional task forces.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $28,000,000 for 
     fiscal year 2006 and such sums as may be necessary for fiscal 
     years thereafter.

     SEC. 576. SOUTHWEST BORDER PROSECUTION INITIATIVE.

       (a) Reimbursement to State and Local Prosecutors for 
     Prosecuting Federally Initiated Drug Cases.--The Attorney 
     General shall, subject to the availability of appropriations, 
     reimburse Southern Border State and county prosecutors for 
     prosecuting federally initiated and referred drug cases.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $50,000,000 for each of the fiscal years 
     2007 through 2012 to carry out subsection (a).

     SEC. 577. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL 
                   SUBDIVISIONS AND TRANSFER TO FEDERAL CUSTODY.

       (a) In General.--Title II (8 U.S.C. 1151 et. seq.) is 
     amended by adding after section 240C the following:

     ``SEC. 240D. LAW ENFORCEMENT AUTHORITY OF STATES AND 
                   POLITICAL SUBDIVISIONS AND TRANSFER OF ALIENS 
                   TO FEDERAL CUSTODY.

       ``(a) Authority.--Notwithstanding any other provision of 
     law, law enforcement personnel of a State, or a political 
     subdivision of a State, have the inherent authority of a 
     sovereign entity to investigate, apprehend, arrest, detain, 
     or transfer to Federal custody (including transporting across 
     State lines to detention centers) an alien for the purpose of 
     assisting in the enforcement of the criminal provisions of 
     the immigration laws of the United States in the normal 
     course of carrying out the law enforcement duties of such 
     personnel. This State authority has never been displaced or 
     preempted by a Federal law.
       ``(b) Construction.--Nothing in this section shall be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       ``(c) Transfer.--If the head of a law enforcement entity of 
     a State (or, if appropriate, a political subdivision of the 
     State) exercising authority with respect to the apprehension 
     or arrest of an alien submits a request to the Secretary of 
     Homeland Security that the alien be taken into Federal 
     custody, the Secretary of Homeland Security--
       ``(1) shall--
       ``(A) deem the request to include the inquiry to verify 
     immigration status described in section 642(c) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373(c)), and expeditiously inform the requesting 
     entity whether such individual is an alien lawfully admitted 
     to the United States or is otherwise lawfully present in the 
     United States; and
       ``(B) if the individual is an alien who is not lawfully 
     admitted to the United States or otherwise is not lawfully 
     present in the United States--
       ``(i) take the illegal alien into the custody of the 
     Federal Government not later than 72 hours after--

       ``(I) the conclusion of the State charging process or 
     dismissal process; or
       ``(II) the illegal alien is apprehended, if no State 
     charging or dismissal process is required; or

       ``(ii) request that the relevant State or local law 
     enforcement agency temporarily detain or transport the alien 
     to a location for transfer to Federal custody; and
       ``(2) shall designate at least 1 Federal, State, or local 
     prison or jail or a private contracted prison or detention 
     facility within each State as the central facility for that 
     State to transfer custody of aliens to the Department of 
     Homeland Security.
       ``(d) Reimbursement.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     reimburse a State, or a political subdivision of a State, for 
     expenses, as verified by the Secretary, incurred by the State 
     or political subdivision in the detention and transportation 
     of an alien as described in subparagraphs (A) and (B) of 
     subsection (c)(1).
       ``(2) Cost computation.--Compensation provided for costs 
     incurred under subparagraphs (A) and (B) of subsection (c)(1) 
     shall be the sum of--
       ``(A) the product of--
       ``(i) the average daily cost of incarceration of a prisoner 
     in the relevant State, as determined by the chief executive 
     officer of a

[[Page S9539]]

     State (or, as appropriate, a political subdivision of the 
     State); multiplied by
       ``(ii) the number of days that the alien was in the custody 
     of the State or political subdivision;
       ``(B) the cost of transporting the alien from the point of 
     apprehension or arrest to the location of detention, and if 
     the location of detention and of custody transfer are 
     different, to the custody transfer point; and
       ``(C) the cost of uncompensated emergency medical care 
     provided to a detained alien during the period between the 
     time of transmittal of the request described in subsection 
     (c) and the time of transfer into Federal custody.
       ``(e) Requirement for Appropriate Security.--The Secretary 
     of Homeland Security shall ensure that--
       ``(1) aliens incarcerated in a Federal facility pursuant to 
     this section are held in facilities which provide an 
     appropriate level of security; and
       ``(2) aliens detained solely for civil violations of 
     Federal immigration law are separated within a facility or 
     facilities, if practicable.
       ``(f) Requirement for Schedule.--In carrying out this 
     section, the Secretary of Homeland Security shall establish a 
     regular circuit and schedule for the prompt transportation of 
     apprehended aliens from the custody of those States, and 
     political subdivisions of States, which routinely submit 
     requests described in subsection (c), into Federal custody.
       ``(g) Authority for Contracts.--
       ``(1) In general.--The Secretary of Homeland Security may 
     enter into contracts or cooperative agreements with 
     appropriate State and local law enforcement and detention 
     agencies to implement this section.
       ``(2) Determination by secretary.--Before entering into a 
     contract or cooperative agreement with a State or political 
     subdivision of a State under paragraph (1), the Secretary 
     shall determine whether the State, or if appropriate, the 
     political subdivision in which the agencies are located, has 
     in place any formal or informal policy that violates section 
     642 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373). The Secretary 
     shall not allocate any of the funds made available under this 
     section to any State or political subdivision that has in 
     place a policy that violates such section.''.
       (b) Authorization of Appropriations for the Detention and 
     Transportation to Federal Custody of Aliens Not Lawfully 
     Present.--There are authorized to be appropriated 
     $850,000,000 for fiscal year 2007 and for each subsequent 
     fiscal year for the detention and removal of aliens not 
     lawfully present in the United States under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et. seq.).

     Subtitle C--Border Infrastructure and Technology Modernization

   CHAPTER 1--BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION ACT

     SEC. 581. SHORT TITLE.

       This chapter may be cited as the ``Border Infrastructure 
     and Technology Modernization Act''.

     SEC. 582. DEFINITIONS.

       In this chapter:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Customs and Border Protection 
     of the Department.
       (2) Maquiladora.--The term ``maquiladora'' means an entity 
     located in Mexico that assembles and produces goods from 
     imported parts for export to the United States.
       (3) Northern border.--The term ``northern border'' means 
     the international border between the United States and 
     Canada.
       (4) Southern border.--The term ``southern border'' means 
     the international border between the United States and 
     Mexico.

     SEC. 583. PORT OF ENTRY INFRASTRUCTURE ASSESSMENT STUDY.

       (a) Requirement To Update.--Not later than January 31 of 
     each year, the Administrator of General Services shall update 
     the Port of Entry Infrastructure Assessment Study prepared by 
     the Bureau of Customs and Border Protection in accordance 
     with the matter relating to the ports of entry infrastructure 
     assessment that is set out in the joint explanatory statement 
     in the conference report accompanying H.R. 2490 of the 106th 
     Congress, 1st session (House of Representatives Rep. No. 106-
     319, on page 67) and submit such updated study to Congress.
       (b) Consultation.--In preparing the updated studies 
     required in subsection (a), the Administrator of General 
     Services shall consult with the Director of the Office of 
     Management and Budget, the Secretary, and the Commissioner.
       (c) Content.--Each updated study required in subsection (a) 
     shall--
       (1) identify port of entry infrastructure and technology 
     improvement projects that would enhance border security and 
     facilitate the flow of legitimate commerce if implemented;
       (2) include the projects identified in the National Land 
     Border Security Plan required by section 584; and
       (3) prioritize the projects described in paragraphs (1) and 
     (2) based on the ability of a project to--
       (A) fulfill immediate security requirements; and
       (B) facilitate trade across the borders of the United 
     States.
       (d) Project Implementation.--The Commissioner shall 
     implement the infrastructure and technology improvement 
     projects described in subsection (c) in the order of priority 
     assigned to each project under subsection (c)(3).
       (e) Divergence From Priorities.--The Commissioner may 
     diverge from the priority order if the Commissioner 
     determines that significantly changed circumstances, such as 
     immediate security needs or changes in infrastructure in 
     Mexico or Canada, compellingly alter the need for a project 
     in the United States.

     SEC. 584. NATIONAL LAND BORDER SECURITY PLAN.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary, after consultation with representatives of 
     Federal, State, and local law enforcement agencies and 
     private entities that are involved in international trade 
     across the northern border or the southern border, shall 
     submit a National Land Border Security Plan to Congress.
       (b) Vulnerability Assessment.--
       (1) In general.--The plan required in subsection (a) shall 
     include a vulnerability assessment of each port of entry 
     located on the northern border or the southern border.
       (2) Port security coordinators.--The Secretary may 
     establish 1 or more port security coordinators at each port 
     of entry located on the northern border or the southern 
     border--
       (A) to assist in conducting a vulnerability assessment at 
     such port; and
       (B) to provide other assistance with the preparation of the 
     plan required in subsection (a).

     SEC. 585. EXPANSION OF COMMERCE SECURITY PROGRAMS.

       (a) Customs-Trade Partnership Against Terrorism.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner, in consultation with 
     the Secretary, shall develop a plan to expand the size and 
     scope, including personnel, of the Customs-Trade Partnership 
     Against Terrorism programs along the northern border and 
     southern border, including--
       (A) the Business Anti-Smuggling Coalition;
       (B) the Carrier Initiative Program;
       (C) the Americas Counter Smuggling Initiative;
       (D) the Container Security Initiative;
       (E) the Free and Secure Trade Initiative; and
       (F) other Industry Partnership Programs administered by the 
     Commissioner.
       (2) Southern border demonstration program.--Not later than 
     180 days after the date of enactment of this Act, the 
     Commissioner shall implement, on a demonstration basis, at 
     least 1 Customs-Trade Partnership Against Terrorism program 
     along the southern border, which has been successfully 
     implemented along the northern border.
       (b) Maquiladora Demonstration Program.--Not later than 180 
     days after the date of enactment of this Act, the 
     Commissioner shall establish a demonstration program to 
     develop a cooperative trade security system to improve supply 
     chain security.

     SEC. 586. PORT OF ENTRY TECHNOLOGY DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary shall carry out a 
     technology demonstration program to--
       (1) test and evaluate new port of entry technologies;
       (2) refine port of entry technologies and operational 
     concepts; and
       (3) train personnel under realistic conditions.
       (b) Technology and Facilities.--
       (1) Technology testing.--Under the technology demonstration 
     program, the Secretary shall test technologies that enhance 
     port of entry operations, including operations related to--
       (A) inspections;
       (B) communications;
       (C) port tracking;
       (D) identification of persons and cargo;
       (E) sensory devices;
       (F) personal detection;
       (G) decision support; and
       (H) the detection and identification of weapons of mass 
     destruction.
       (2) Development of facilities.--At a demonstration site 
     selected pursuant to subsection (c)(2), the Secretary shall 
     develop facilities to provide appropriate training to law 
     enforcement personnel who have responsibility for border 
     security, including--
       (A) cross-training among agencies;
       (B) advanced law enforcement training; and
       (C) equipment orientation.
       (c) Demonstration Sites.--
       (1) Number.--The Secretary shall carry out the 
     demonstration program at not less than 3 sites and not more 
     than 5 sites.
       (2) Selection criteria.--To ensure that at least 1 of the 
     facilities selected as a port of entry demonstration site for 
     the demonstration program has the most up-to-date design, 
     contains sufficient space to conduct the demonstration 
     program, has a traffic volume low enough to easily 
     incorporate new technologies without interrupting normal 
     processing activity, and can efficiently carry out 
     demonstration and port of entry operations, at least 1 port 
     of entry selected as a demonstration site shall--
       (A) have been established not more than 15 years before the 
     date of the enactment of this Act;
       (B) consist of not less than 65 acres, with the possibility 
     of expansion to not less than 25 adjacent acres; and

[[Page S9540]]

       (C) have serviced an average of not more than 50,000 
     vehicles per month during the 1-year period ending on the 
     date of the enactment of this Act.
       (d) Relationship With Other Agencies.--The Secretary shall 
     permit personnel from an appropriate Federal or State agency 
     to utilize a demonstration site described in subsection (c) 
     to test technologies that enhance port of entry operations, 
     including technologies described in subparagraphs (A) through 
     (H) of subsection (b)(1).
       (e) Report.--
       (1) Requirement.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Secretary shall submit to Congress a report on the activities 
     carried out at each demonstration site under the technology 
     demonstration program established under this section.
       (2) Content.--The report submitted under paragraph (1) 
     shall include an assessment by the Secretary of the 
     feasibility of incorporating any demonstrated technology for 
     use throughout the Bureau of Customs and Border Protection.

     SEC. 587. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to any funds otherwise 
     available, there are authorized to be appropriated--
       (1) such sums as may be necessary for the fiscal years 2007 
     through 2011 to carry out the provisions of section 583(a);
       (2) to carry out section 583(d)--
       (A) $100,000,000 for each of the fiscal years 2007 through 
     2011; and
       (B) such sums as may be necessary in any succeeding fiscal 
     year;
       (3) to carry out section 585(a)--
       (A) $30,000,000 for fiscal year 2007, of which $5,000,000 
     shall be made available to fund the demonstration project 
     established in section 586(a)(2); and
       (B) such sums as may be necessary for the fiscal years 2008 
     through 2011;
       (4) to carry out section 585(b)--
       (A) $5,000,000 for fiscal year 2007; and
       (B) such sums as may be necessary for the fiscal years 2008 
     through 2011; and
       (5) to carry out section 586, provided that not more than 
     $10,000,000 may be expended for technology demonstration 
     program activities at any 1 port of entry demonstration site 
     in any fiscal year--
       (A) $50,000,000 for fiscal year 2007; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2008 through 2011.
       (b) International Agreements.--Amounts authorized to be 
     appropriated under this chapter may be used for the 
     implementation of projects described in the Declaration on 
     Embracing Technology and Cooperation to Promote the Secure 
     and Efficient Flow of People and Commerce across our Shared 
     Border between the United States and Mexico, agreed to March 
     22, 2002, Monterrey, Mexico (commonly known as the Border 
     Partnership Action Plan) or the Smart Border Declaration 
     between the United States and Canada, agreed to December 12, 
     2001, Ottawa, Canada that are consistent with the provisions 
     of this chapter.

             CHAPTER 2--ADDITIONAL INFRASTRUCTURE ELEMENTS

     SEC. 591. SURVEILLANCE TECHNOLOGIES PROGRAMS.

       (a) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each such border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment, which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--
       (A) In general.--The program developed under this 
     subsection shall include the use of a variety of aerial 
     surveillance technologies in a variety of topographies and 
     areas, including populated and unpopulated areas located on 
     or near an international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (i) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (ii) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (iii) liability, safety, and privacy concerns relating to 
     the utilization of such technologies for border security.
       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of the 
     utilization of such technologies.
       (5) Report to congress.--Not later than 180 days after 
     implementing the program under this subsection, the Secretary 
     shall submit a report to Congress regarding the program 
     developed under this subsection. The Secretary shall include 
     in the report a description of the program together with such 
     recommendations as the Secretary finds appropriate for 
     enhancing the program.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (b) Integrated and Automated Surveillance Program.--
       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, cameras, poles, 
     sensors, satellites, radar coverage, and other technologies 
     necessary to achieve operational control of the international 
     borders of the United States and to establish a security 
     perimeter known as a ``virtual fence'' along such 
     international borders to provide a barrier to illegal 
     immigration. Such program shall be known as the Integrated 
     and Automated Surveillance Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively in an automated fashion, including 
     the integration of motion sensor alerts and cameras, whereby 
     a sensor alert automatically activates a corresponding camera 
     to pan and tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the Program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A) Requirement for standards.--The Secretary shall develop 
     appropriate standards to evaluate the performance of any 
     contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely manner. Not later than 30 days after the date the 
     Secretary receives a report of findings from the Inspector 
     General, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report of such findings and a description 
     of any the steps that the Secretary has taken or plans to 
     take in response to such findings.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.

     SEC. 592. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Protected land.--The term ``protected land'' means land 
     under the jurisdiction of the Secretary concerned.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--

[[Page S9541]]

       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--
       (1) In general.--To gain operational control over the 
     international land borders of the United States and to 
     prevent the entry of terrorists, unlawful aliens, narcotics, 
     and other contraband into the United States, the Secretary, 
     in cooperation with the Secretary concerned, shall provide--
       (A) increased Customs and Border Protection personnel to 
     secure protected land along the international land borders of 
     the United States;
       (B) Federal land resource training for Customs and Border 
     Protection agents dedicated to protected land; and
       (C) Unmanned Aerial Vehicles, aerial assets, Remote Video 
     Surveillance camera systems, and sensors on protected land 
     that is directly adjacent to the international land border of 
     the United States, with priority given to units of the 
     National Park System.
       (2) Coordination.--In providing training for Customs and 
     Border Protection agents under paragraph (1)(B), the 
     Secretary shall coordinate with the Secretary concerned to 
     ensure that the training is appropriate to the mission of the 
     National Park Service, the United States Fish and Wildlife 
     Service, the Forest Service, or the relevant agency of the 
     Department of the Interior or the Department of Agriculture 
     to minimize the adverse impact on natural and cultural 
     resources from border protection activities.
       (c) Inventory of Costs and Activities.--The Secretary 
     concerned shall develop and submit to the Secretary an 
     inventory of costs incurred by the Secretary concerned 
     relating to illegal border activity, including the cost of 
     equipment, training, recurring maintenance, construction of 
     facilities, restoration of natural and cultural resources, 
     recapitalization of facilities, and operations.
       (d) Recommendations.--The Secretary shall--
       (1) develop joint recommendations with the National Park 
     Service, the United States Fish and Wildlife Service, and the 
     Forest Service for an appropriate cost recovery mechanism 
     relating to items identified in subsection (c); and
       (2) not later than March 31, 2007, submit to the 
     appropriate congressional committees (as defined in section 2 
     of the Homeland Security Act of 2002 (6 U.S.C. 101)), 
     including the Subcommittee on National Parks of the Senate 
     and the Subcommittee on National Parks, Recreation and Public 
     Lands of the House of Representatives, the recommendations 
     developed under paragraph (1).
       (e) Border Protection Strategy.--The Secretary, the 
     Secretary of the Interior, and the Secretary of Agriculture 
     shall jointly develop a border protection strategy that 
     supports the border security needs of the United States in 
     the manner that best protects--
       (1) units of the National Park System;
       (2) National Forest System land;
       (3) land under the jurisdiction of the United States Fish 
     and Wildlife Service; and
       (4) other relevant land under the jurisdiction of the 
     Department of the Interior or the Department of Agriculture.

     SEC. 593. UNMANNED AERIAL VEHICLES.

       (a) Unmanned Aerial Vehicles and Associated 
     Infrastructure.--The Secretary shall acquire and maintain MQ-
     9 unmanned aerial vehicles for use on the border, including 
     related equipment such as--
       (1) additional sensors;
       (2) critical spares;
       (3) satellite command and control; and
       (4) other necessary equipment for operational support.
       (b) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out subsection (a)--
       (A) $178,400,000 for fiscal year 2007; and
       (B) $276,000,000 for fiscal year 2008.
       (2) Availability of funds.--Amounts appropriated pursuant 
     to paragraph (1) shall remain available until expended.
                                 ______
                                 
  SA 4991. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     TITLE      --IP-ENABLED VOICE COMMUNICATIONS AND PUBLIC SAFETY

     SEC. --01. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``IP-
     Enabled Voice Communications and Public Safety Act of 2006''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. --01. Short title; table of contents.
Sec. --02. Emergency service.
Sec. --03. Enforcement.
Sec. --04. Migration to IP-enabled emergency network.
Sec. --05. Implementation of ENHANCE-911 Act.
Sec. --06. Definitions.

     SEC. --02. EMERGENCY SERVICE.

       (a) 911 and E-911 Services.--
       (1) In general.--The Federal Communications Commission 
     shall review the requirements established in its Report and 
     Order in WC Docket Nos. 04-36 and 05-196 and shall, within 
     120 days after the date of enactment of this Act, revise its 
     regulations as may be necessary, or promulgate such 
     additional regulations as may be necessary, to establish 
     requirements that are technologically and operationally 
     feasible for providers of IP-enabled voice service to ensure 
     that 911 and E-911 services are available to subscribers to 
     IP-enabled voice services.
       (2) Content.--In the regulations prescribed under paragraph 
     (1), the Commission shall include an appropriate transition 
     period for compliance with those requirements that takes into 
     consideration--
       (A) available industry technology and operational 
     standards;
       (B) network security; and
       (C) public safety answering point capabilities.
       (3) Delegation of enforcement to state commissions.--The 
     Commission may delegate authority to enforce the rules and 
     regulations issued under this title to State commissions or 
     other State agencies or programs with jurisdiction over 
     emergency communications.
       (4) Effective date.--The regulations prescribed under 
     paragraph (1) may not take effect earlier than 90 days after 
     the date on which the Commission issues a final rule under 
     that paragraph.
       (b) Access to 911 Components.--Within 90 days after the 
     date of enactment of this Act, the Commission shall issue 
     regulations regarding access by IP-enabled voice service 
     providers to 911 components that permit any IP-enabled voice 
     service provider to elect to be treated as a commercial 
     mobile service provider for the purpose of access to any 911 
     component, except that the regulations issued under this 
     subsection may take into account any technical or network 
     security issues that are specific to IP-enabled voice 
     services.
       (c) State Authority over Fees.--Nothing in this title, the 
     Communications Act of 1934, or any Commission regulation or 
     order shall prevent the imposition on, or collection from, a 
     provider of IP-enabled voice services of any fee or charge 
     specifically designated by a State, political subdivision 
     thereof, or Indian tribe for the support of 911 or E-911 
     services if that fee or charge--
       (1) does not exceed the amount of any such fee or charge 
     imposed on or collected from a provider of telecommunications 
     services; and
       (2) is obligated or expended in support of 911 and E-911 
     services, or enhancements of such services, or other 
     emergency communications services as specified in the 
     provision of State or local law adopting the fee or charge.
       (d) Parity of Protection for Provision or Use of IP-Enabled 
     Voice Service.--A provider or user of IP-enabled voice 
     services, a PSAP, and the officers, directors, employees, 
     vendors, agents, and authorizing government entity (if any) 
     of such provider, user, or PSAP, shall have the same scope 
     and extent of immunity and other protection from liability 
     under Federal and State law with respect to--
       (1) the release of subscriber information related to 
     emergency calls or emergency services,
       (2) the use or provision of 911 and E-911 services, and
       (3) other matters related to 911 and E-911 services,
     as section 4 of the Wireless Communications and Public Safety 
     Act of 1999 (47 U.S.C. 615a) provides to wireless carriers, 
     PSAPs, and users of wireless 9-1-1 service (as defined in 
     paragraphs (4), (3), and (6), respectively, of section 6 of 
     that Act (47 U.S.C. 615b)) with respect to such release, use, 
     and other matters.
       (e) Limitation on Commission.--Nothing in this section 
     shall be construed to permit the Commission to issue 
     regulations that require or impose a specific technology or 
     technological standard.

     SEC. --03. ENFORCEMENT.

       The Commission shall enforce this title, and any regulation 
     promulgated under this title, under the Communications Act of 
     1934 (47 U.S.C. 151 et seq.) as if this title were a part of 
     that Act. For purposes of this section any violation of this 
     title, or any regulation promulgated under this title, is 
     deemed to be a violation of the Communications Act of 1934.

     SEC. --04. MIGRATION TO IP-ENABLED EMERGENCY NETWORK.

       (a) In General.--Section 158 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942) is amended--
       (1) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (2) by inserting after subsection (c) the following:
       ``(d) Migration Plan Required.--
       ``(1) National plan required.--No more than 18 months after 
     the date of the enactment of the IP-Enabled Voice 
     Communications and Public Safety Act of 2006, the Office 
     shall develop and report to Congress on a national plan for 
     migrating to a national IP-enabled emergency network capable 
     of receiving and responding to all citizen activated 
     emergency communications.
       ``(2) Contents of plan.--The plan required by paragraph (1) 
     shall--
       ``(A) outline the potential benefits of such a migration;
       ``(B) identify barriers that must be overcome and funding 
     mechanisms to address those barriers;
       ``(C) include a proposed timetable, an outline of costs and 
     potential savings;

[[Page S9542]]

       ``(D) provide specific legislative language, if necessary, 
     for achieving the plan;
       ``(E) provide recommendations on any legislative changes, 
     including updating definitions, to facilitate a national IP-
     enabled emergency network; and
       ``(F) assess, collect, and analyze the experiences of the 
     PSAPs and related public safety authorities who are 
     conducting trial deployments of IP-enabled emergency networks 
     as of the date of enactment of the IP-Enabled Voice 
     Communications and Public Safety Act of 2006.
       ``(3) Consultation.--In developing the plan required by 
     paragraph (1), the Office shall consult with representatives 
     of the public safety community, technology and 
     telecommunications providers, and others it deems 
     appropriate.''; and
       (3) by striking ``services.'' in subsection (b)(1) and 
     inserting ``services, and, upon completion of development of 
     the national plan for migrating to a national IP-enabled 
     emergency network under subsection (d), for migration to an 
     IP-enabled emergency network.''.
       (b) Report on PSAPs.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall--
       (A) compile a list of all known public safety answering 
     points, including such contact information regarding public 
     safety answering points as the Commission determines 
     appropriate;
       (B) organize such list by county, town, township, parish, 
     village, hamlet, or other general purpose political 
     subdivision of a State; and
       (C) make available from such list--
       (i) to the public, on the Internet website of the 
     Commission--

       (I) the 10 digit telephone number of those public safety 
     answering points appearing on such list; and
       (II) a statement explicitly warning the public that such 
     telephone numbers are not intended for emergency purposes and 
     as such may not be answered at all times; and

       (ii) to public safety answering points all contact 
     information compiled by the Commission.
       (2) Continuing duty.--The Commission shall continue--
       (A) to update the list made available to the public 
     described in paragraph (1)(C); and
       (B) to improve for the benefit of the public the 
     accessibility, use, and organization of such list.
       (3) Psaps required to comply.--Each public safety answering 
     point shall provide all requested contact information to the 
     Commission as requested.
       (c) Report on Selective Routers.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Commission shall--
       (A) compile a list of selective routers, including the 
     contact information of the owners of such routers;
       (B) organize such list by county, town, township, parish, 
     village, hamlet, or other general purpose political 
     subdivision of a State; and
       (C) make such list available to providers of 
     telecommunications service and to providers of IP-enabled 
     voice service who are seeking to provide E-911 service to 
     their subscribers.

     SEC. --05. IMPLEMENTATION OF ENHANCE-911 ACT.

       (a) In General.--Pursuant to section 3011 of Public Law 
     109-171 (47 U.S.C. 309 note), the Secretary of Commerce, 
     through the Assistant Secretary for Communications and 
     Information shall make payments of not to exceed $43,500,000 
     to implement section 158 of the National Telecommunications 
     and Information Administration Organization Act (47 U.S.C. 
     942) no later than 10 days after the date of enactment of 
     this Act.
       (b) Borrowing Authority.--The Assistant Secretary may 
     borrow from the Treasury beginning on October 1, 2006, such 
     sums as may be necessary, but not to exceed $43,500,000, to 
     implement this section. The Assistant Secretary shall 
     reimburse the Treasury, without interest, as funds are 
     deposited into the Digital Television Transition and Public 
     Safety Fund.

     SEC. --06. DEFINITIONS.

       (a) In General.--For purposes of this title:
       (1) 911.--The term ``911'' means a service that allows a 
     user, by dialing the three-digit code 911, to call a public 
     safety answering point operated by a State, local government, 
     Indian tribe, or authorized entity.
       (2) 911 component.--The term ``911 component'' means any 
     equipment, network, databases (including automatic location 
     information databases and master street address guides), 
     interface, selective router, trunkline, or other related 
     facility necessary for the delivery and completion of 911 or 
     E-911 calls and information related to such calls to which 
     the Commission requires access pursuant to its rules and 
     regulations.
       (3) E-911 service.--The term ``E-911 service'' means a 911 
     service that automatically delivers the 911 call to the 
     appropriate public safety answering point, and provides 
     automatic identification data, including the originating 
     number of an emergency call, the physical location of the 
     caller, and the capability for the public safety answering 
     point to call the user back if the call is disconnected.
       (4) IP-enabled voice service.--The term ``IP-enabled voice 
     service'' means the provision of real-time 2-way voice 
     communications offered to the public, or such classes of 
     users as to be effectively available to the public, 
     transmitted through customer premises equipment using TCP/IP 
     protocol, or a successor protocol, for a fee (whether part of 
     a bundle of services or separately), or without a fee, with 
     2-way interconnection capability such that the service can 
     originate traffic to, and terminate traffic from, the public 
     switched telephone network.
       (5) PSAP.--The term ``public safety answering point'' or 
     ``PSAP'' means a facility that has been designated to receive 
     911 or E-911 calls.
       (b) Common Terminology.--Except as otherwise provided in 
     subsection (a), terms used in this title have the meanings 
     provided under section 3 of the Communications Act of 1934.
                                 ______
                                 
  SA 4992. Mr. DeMINT submitted an amendment intended to be proposed to 
amendment SA 4970 proposed by Mr. DeMint to the bill H.R. 4954, to 
improve maritime and cargo security through enhanced layered defenses, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY 
                   CARDS TO CONVICTED FELONS.

       Section 70105 of title 46, United States Code, is amended--
       (1) in subsection (b)(1), by striking ``decides that the 
     individual poses a security risk under subsection (c)'' and 
     inserting ``determines under subsection (c) that the 
     individual poses a security risk''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Except as provided under paragraph (2), an individual 
     shall be deemed to pose a security risk under this section if 
     the Secretary determines that the individual--
       ``(A) has been convicted (or has been found not guilty by 
     reason of insanity) within the preceding 10 years of--
       ``(i) destruction of a vessel or maritime facility under 
     section 2291 of title 18;
       ``(ii) violence against maritime navigation under section 
     2280 of title 18;
       ``(iii) forgery of certificates of documentation, falsified 
     vessel identification, or other vessel documentation 
     violation under section 12507 or 12122 of this title;
       ``(iv) interference with maritime commerce under section 
     2282A of title 18;
       ``(v) improper transportation of a hazardous material under 
     section 46312 of title 49;
       ``(vi) piracy or privateering under chapter 81 of title 18;
       ``(vii) firing or tampering with vessels under section 2275 
     of title 18;
       ``(viii) carrying a dangerous weapon or explosive aboard a 
     vessel under section 2277 of title 18;
       ``(ix) failure to heave to, obstruction of boarding, or 
     providing false information under section 2237 of title 18;
       ``(x) imparting or conveying false information under 
     section 2292 of title 18;
       ``(xi) entry by false pretense to any seaport under section 
     1036 of title 18;
       ``(xii) murder;
       ``(xiii) assault with intent to murder;
       ``(xiv) espionage;
       ``(xv) sedition;
       ``(xvi) kidnapping or hostage taking;
       ``(xvii) treason;
       ``(xviii) rape or aggravated sexual abuse;
       ``(xix) unlawful possession, use, sale, distribution, or 
     manufacture of an explosive or weapon;
       ``(xx) extortion;
       ``(xxi) armed or felony unarmed robbery;
       ``(xxii) distribution of, or intent to distribute, a 
     controlled substance;
       ``(xxiii) felony arson;
       ``(xxiv) a felony involving a threat;
       ``(xxv) a felony involving illegal possession of a 
     controlled substance punishable by a maximum term of 
     imprisonment of more than 1 year, willful destruction of 
     property, importation or manufacture of a controlled 
     substance, burglary, theft, dishonesty, fraud, 
     misrepresentation, possession or distribution of stolen 
     property, aggravated assault, or bribery; or
       ``(xxvi) conspiracy or attempt to commit any of the 
     criminal acts listed in this subparagraph;
       ``(B) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
       ``(C) otherwise poses a terrorism security risk to the 
     United States.''.
                                 ______
                                 
  SA 4993. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY 
                   CARDS TO CONVICTED FELONS.

       Section 70105 of title 46, United States Code, is amended--
       (1) in subsection (b)(1), by striking ``decides that the 
     individual poses a security risk under subsection (c)'' and 
     inserting ``determines under subsection (c) that the 
     individual poses a security risk''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows:

[[Page S9543]]

       ``(1) Except as provided under paragraph (2), an individual 
     shall be deemed to pose a security risk under this section if 
     the Secretary determines that the individual--
       ``(A) has been convicted (or has been found not guilty by 
     reason of insanity) within the preceding 10 years of--
       ``(i) destruction of a vessel or maritime facility under 
     section 2291 of title 18;
       ``(ii) violence against maritime navigation under section 
     2280 of title 18;
       ``(iii) forgery of certificates of documentation, falsified 
     vessel identification, or other vessel documentation 
     violation under section 12507 or 12122 of this title;
       ``(iv) interference with maritime commerce under section 
     2282A of title 18;
       ``(v) improper transportation of a hazardous material under 
     section 46312 of title 49;
       ``(vi) piracy or privateering under chapter 81 of title 18;
       ``(vii) firing or tampering with vessels under section 2275 
     of title 18;
       ``(viii) carrying a dangerous weapon or explosive aboard a 
     vessel under section 2277 of title 18;
       ``(ix) failure to heave to, obstruction of boarding, or 
     providing false information under section 2237 of title 18;
       ``(x) imparting or conveying false information under 
     section 2292 of title 18;
       ``(xi) entry by false pretense to any seaport under section 
     1036 of title 18;
       ``(xii) murder;
       ``(xiii) assault with intent to murder;
       ``(xiv) espionage;
       ``(xv) sedition;
       ``(xvi) kidnapping or hostage taking;
       ``(xvii) treason;
       ``(xviii) rape or aggravated sexual abuse;
       ``(xix) unlawful possession, use, sale, distribution, or 
     manufacture of an explosive or weapon;
       ``(xx) extortion;
       ``(xxi) armed or felony unarmed robbery;
       ``(xxii) distribution of, or intent to distribute, a 
     controlled substance;
       ``(xxiii) felony arson;
       ``(xxiv) a felony involving a threat;
       ``(xxv) a felony involving illegal possession of a 
     controlled substance punishable by a maximum term of 
     imprisonment of more than 1 year, willful destruction of 
     property, importation or manufacture of a controlled 
     substance, burglary, theft, dishonesty, fraud, 
     misrepresentation, possession or distribution of stolen 
     property, aggravated assault, or bribery; or
       ``(xxvi) conspiracy or attempt to commit any of the 
     criminal acts listed in this subparagraph;
       ``(B) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
       ``(C) otherwise poses a terrorism security risk to the 
     United States.''.
                                 ______
                                 
  SA 4994. Mr. McCAIN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill H.R. 4954, to 
improve maritime and cargo security through enhanced layered defenses, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 41, following the matter after line 25, insert the 
     following:

     SEC. 114. TRANSFER OF PUBLIC SAFETY GRANT PROGRAM TO THE 
                   DEPARTMENT OF HOMELAND SECURITY.

       Section 3006 of the Digital Television Transition and 
     Public Safety Act of 2005 (Public Law 109-171; 120 Stat. 24) 
     is amended--
       (1) in subsection (a)--
       (A) by striking ``The Assistant Secretary, in consultation 
     with the'' and inserting ``The''; and
       (B) in paragraph (1), by inserting ``planning of,'' before 
     ``acquistion of''; and
       (2) in subsection (b), by striking ``Assistant Secretary'' 
     each place that term appears and inserting ``Secretary of 
     Homeland Security''.
                                 ______
                                 
  SA 4995. Ms. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. BLAST-RESISTANT CONTAINERS.

       Section 41704 of title 49, United States Code, is amended 
     by adding at the end the following: ``Each aircraft used to 
     provide air transportation for individuals and their baggage 
     or other cargo shall be equipped with not less than 1 
     hardened, blast-resistant cargo container. The Department of 
     Homeland Security will provide each airline with sufficient 
     blast-resistant cargo containers 90 days after the Department 
     of Homeland Security's pilot program is completed.''.
                                 ______
                                 
  SA 4996. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 5, between lines 11 and 12, insert the following:
       (8) Hazardous.--The term ``hazardous'' has the meaning 
     given the term ``hazardous materials'' in section 2101(14) of 
     title 46, United States Code.
       On page 6, after line 25, add the following:
       (16) Tanker.--The term ``tanker'' has the meaning given 
     such term in section 2101(38) of title 46, United States 
     Code.
       (17) Tanker security initiative; tsi.--The terms ``Tanker 
     Security Initiative'' and ``TSI'' mean the program authorized 
     under section 206 to identify and examine tankers that could 
     pose a risk for terrorism at foreign ports before they arrive 
     in ports of the United States.
       On page 21, between lines 15 and 16, insert the following:
       (F) hazardous cargo security;
       On page 21, line 16, strike ``(F)'' and insert ``(G)''.
       On page 21, line 18, strike ``(G)'' and insert ``(H)''.
       On page 21, line 20, strike ``(H)'' and insert ``(I)''.
       On page 21, line 21, strike ``(I)'' and insert ``(J)''.
       On page 21, line 25, strike ``(J)'' and insert ``(K)''.
       On page 25, line 24, insert ``and hazardous cargoes'' after 
     ``containers''.
       On page 26, line 9, strike ``and''.
       On page 26, line 13, strike the period at the end and 
     insert ``; and''.
       On page 26, between lines 13 and 14, insert the following:
       (9) a radiation detection and imagery strategy for 
     hazardous cargoes.
       On page 29, line 22, insert ``or hazardous cargoes'' after 
     ``containers''.
       On page 30, line 18, insert ``or hazardous cargoes'' after 
     ``containers''.
       On page 31, line 1, insert ``and hazardous cargoes'' after 
     ``containers''.
       On page 34, line 9, insert ``and hazardous cargoes'' after 
     ``containers''.
       On page 36, line 12, insert ``or the Tanker Security 
     Initiative''.
       On page 38, line 21, insert ``or hazardous cargo'' after 
     ``container''.
       On page 39, line 24, insert ``or hazardous'' after 
     ``container''.
       On page 40, line 9, strike ``CONTAINER'' and insert 
     ``CARGO''.
       On page 40, line 16, insert ``and hazardous cargoes'' after 
     ``containers''.
       On page 41, line 15, insert ``and hazardous cargoes'' after 
     ``containers''.
       On page 48, between lines 2 and 3, insert the following:

     SEC. 206. TANKER SECURITY INITIATIVE.

       (a) Establishment.--The Secretary, acting through the 
     Commissioner, shall establish and implement a program (to be 
     known as the ``Tanker Security Initiative'' or ``TSI'') to 
     promulgate and enforce standards and carry out activities to 
     ensure that tanker vessels that transport petrochemicals, 
     natural gas, or other hazardous materials are not used by 
     terrorists or as carriers of weapons of mass destruction.
       (b) Elements.--In carrying out the Tanker Security 
     Initiative, the Secretary may--
       (1) develop physical standards intended to prevent 
     terrorists from placing a weapon of mass destruction in or on 
     a tanker vessel without detection;
       (2) develop detection equipment, and prescribe the use of 
     such equipment, to be employed on a tanker vessel that is 
     bound for a United States port of entry;
       (3) develop new security inspection procedures required to 
     be carried out on a tanker vessel at a foreign port of 
     embarkation, on the high seas, or in United States waters 
     prior to the arrival of such tanker at a United States port 
     of entry;
       (4) carry out research and development of sensing devices 
     to detect any nuclear device that is placed in or on a tanker 
     vessel; and
       (5) provide assistance to a foreign country to assist such 
     country in carrying out any provisions of the Tanker Security 
     Initiative.
       (c) Assessment.--Before the Secretary designates any 
     foreign port under TSI, the Secretary, in coordination with 
     other Federal officials, as appropriate, shall conduct an 
     assessment of the port to evaluate the costs, benefits, and 
     other factors associated with such designation, including--
       (1) the level of risk for the potential compromise of 
     tankers by terrorists or terrorist weapons;
       (2) the economic impact of tankers traveling from the 
     foreign port to the United States in terms of trade value and 
     volume;
       (3) the results of the Coast Guard assessments conducted 
     pursuant to section 70108 of title 46, United States Code;
       (4) the capabilities and level of cooperation expected of 
     the government of the intended host country;
       (5) the willingness of the government of the intended host 
     country to permit validation of security practices within the 
     country in which the foreign port is located, for the 
     purposes of C-TPAT or similar programs; and
       (6) the potential for C-TPAT and GreenLane cargo traveling 
     through the foreign port.
       (d) Annual Report.--Not later than March 1 of each year in 
     which the Secretary proposes to designate a foreign port 
     under TSI, the Secretary shall submit a report, in classified 
     or unclassified form, detailing the assessment of each 
     foreign port the Secretary is considering designating under 
     TSI, to the appropriate congressional committees.
       (e) Designation of New Ports.--The Secretary shall not 
     designate a foreign port that processes hazardous cargoes 
     under TSI unless the Secretary has completed the assessment 
     required in subsection (c) for that port

[[Page S9544]]

     and submitted a report under subsection (d) that includes 
     that port.
       (f) Negotiations.--The Secretary may request that the 
     Secretary of State, in conjunction with the United States 
     Trade Representative, enter into trade negotiations with the 
     government of each foreign country with a port designated 
     under TSI, as appropriate, to ensure full compliance with the 
     requirements under TSI.
       (g) Inspections.--
       (1) Requirements and procedures.--The Secretary shall--
       (A) establish technical capability requirements and 
     standard operating procedures for the use of nonintrusive 
     inspection and radiation detection equipment in conjunction 
     with TSI;
       (B) require that the equipment operated at each port 
     designated under TSI be operated in accordance with the 
     requirements and procedures established under subparagraph 
     (A); and
       (C) continually monitor the technologies, processes, and 
     techniques used to inspect cargo at ports designated under 
     the Container Security Initiative.
       (2) Considerations.--
       (A) Consistency of standards and procedures.--In 
     establishing the technical capability requirements and 
     standard operating procedures under paragraph (1)(A), the 
     Secretary shall take into account any such relevant standards 
     and procedures utilized by other Federal departments or 
     agencies as well as those developed by international bodies. 
     Such standards and procedures shall not be designed to 
     endorse the product or technology of any specific company or 
     to conflict with the sovereignty of a country in which a 
     foreign seaport designated under the Tanker Security 
     Initiative is located.
       (B) Applicability.--The technical capability requirements 
     and standard operating procedures established pursuant to 
     paragraph (1)(A) shall not apply to activities conducted 
     under the Megaports Initiative of the Department of Energy.
       (h) Coordination.--The Secretary shall coordinate with the 
     Secretary of Energy to--
       (1) provide radiation detection equipment required to 
     support the Tanker Security Initiative through the Department 
     of Energy's Second Line of Defense and Megaports programs; or
       (2) work with the private sector to obtain radiation 
     detection equipment that meets the Department's technical 
     specifications for such equipment.
       (i) Personnel.--The Secretary shall--
       (1) annually assess the personnel needs at each port 
     designated under TSI;
       (2) deploy personnel in accordance with the assessment 
     under paragraph (1); and
       (3) consider the potential for remote targeting in 
     decreasing the number of personnel.
       (j) Annual Discussions.--The Secretary, in coordination 
     with the appropriate Federal officials, shall hold annual 
     discussions with foreign governments of countries in which 
     foreign seaports designated under the Tanker Security 
     Initiative are located regarding best practices, technical 
     assistance, training needs, and technological developments 
     that will assist in ensuring the efficient and secure 
     movement of international cargo.
       (k) Lesser Risk Port.--The Secretary, acting through the 
     Commissioner, may treat cargo loaded in a foreign seaport 
     designated under the Tanker Security Initiative as presenting 
     a lesser risk than similar cargo loaded in a foreign seaport 
     that is not designated under the Tanker Security Initiative, 
     for the purpose of clearing such cargo into the United 
     States.
       (l) Budget Analysis.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall submit a 
     budget analysis for implementing the provisions of this 
     section, including additional cost-sharing arrangements with 
     other Federal departments and other participants involved in 
     the joint operation centers, to appropriate congressional 
     committees.
       (m) Savings Provision.--The authority of the Secretary 
     under this section shall not affect any authority or 
     duplicate any efforts or responsibilities of the Federal 
     Government with respect to the deployment of radiation 
     detection equipment outside of the United States under any 
     program administered by the Department.
       On page 62, line 21, insert ``or the Tanker Security 
     Initiative'' after ``Container Security Initiative''.
                                 ______
                                 
  SA 4997. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 18, between lines 22 and 23, insert the following:
       (b) Risk Management Plan.--
       (1) In general.--Under the direction of the Commandant of 
     the Coast Guard, each Area Maritime Security Committee shall 
     develop a Port Wide Risk Management Plan that includes--
       (A) security goals and objectives, supported by a risk 
     assessment and an evaluation of alternatives;
       (B) a management selection process; and
       (C) active monitoring to measure effectiveness.
       (2) Risk assessment tool.--The Secretary shall make 
     available, and Area Maritime Security Committees shall use, a 
     risk assessment tool that uses standardized risk criteria, 
     such as the Maritime Security Risk Assessment Tool used by 
     the Coast Guard, to develop the Port Wide Risk Management 
     Plan.
       On page 19, line 16, strike ``and''.
       On page 19, line 18, strike the period at the end and 
     insert ``; and''.
       On page 19, between lines 18 and 19, insert the following:
       ``(3) is consistent with the Port Wide Risk Management Plan 
     developed under section 111(b) of the Port Security 
     Improvement Act of 2006.
       On page 19, strike line 24 and insert the following:

     for Preparedness, may require.
       ``(h) Reports.--Not later than 180 days after the date of 
     the enactment of the Port Security Improvement Act of 2006, 
     the Secretary, acting through the Commandant of the Coast 
     Guard, shall submit a report to Congress, in a secure format, 
     describing the methodology used to allocate port security 
     grant funds on the basis of risk.''.
                                 ______
                                 
  SA 4998. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 16, between lines 9 and 10, insert the following:
       ``(3) establish a program to improve the interoperability 
     of communications equipment used by law enforcement and other 
     officials operating in the port with the communications 
     equipment used by local law enforcement officials and first 
     responders;
                                 ______
                                 
  SA 4999. Mr. MENENDEZ (for himself, Mr. Lautenberg, Mr. Biden, and 
Mr. Bayh) submitted an amendment intended to be proposed by him to the 
bill H.R. 4954, to improve maritime and cargo security through enhanced 
layered defenses, and for other purposes; as follows:

       On page 30, between lines 8 and 9, insert the following:

     SEC. 126. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall develop an 
     initial plan to scan--
       (1) 100 percent of the cargo containers destined for the 
     United States before such containers arrive in the United 
     States; and
       (2) cargo containers before such containers leave ports in 
     the United States.
       (b) Plan Contents.--The plan developed under this section 
     shall include--
       (1) specific annual benchmarks for--
       (A) the percentage of cargo containers destined for the 
     United States that are scanned at a foreign port; and
       (B) the percentage of cargo containers originating in the 
     United States and destined for a foreign port that are 
     scanned in a port in the United States before leaving the 
     United States;
       (2) annual increases in the benchmarks described in 
     paragraph (1) until 100 percent of the cargo containers 
     destined for the United States are scanned before arriving in 
     the United States;
       (3) a description of the consequences to be imposed on 
     foreign ports or United States ports that do not meet the 
     benchmarks described in paragraphs (1) and (2), which may 
     include the loss of access to United States ports and fines;
       (4) the use of existing programs, including CSI and C-TPAT, 
     to reach annual benchmarks;
       (5) the use of scanning equipment, personnel, and 
     technology to reach the goal of 100 percent scanning of cargo 
     containers.
       On page 61, line 6, strike the period at the end and insert 
     ``; and''.
       On page 62, between lines 6 and 7, insert the following:
       (5) an update of the initial 100 percent scanning plan 
     based on lessons learned from the pilot program.
                                 ______
                                 
  SA 5000. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. STUDY TO IDENTIFY REDUNDANT BACKGROUND RECORDS 
                   CHECKS.

       (a) Study.--The Comptroller General of the United States 
     shall conduct a study of background records checks carried 
     out by Federal departments and agencies that are similar to 
     the background records check required under section 5103a of 
     title 49, United States Code, to identify redundancies and 
     inefficiencies in connection with such checks.
       (b) Contents.--In conducting the study, the Comptroller 
     General of the United States shall review, at a minimum, the 
     background records checks carried out by--
       (1) the Secretary of Defense;
       (2) the Secretary of Homeland Security; and
       (3) the Secretary of Energy.
       (c) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States

[[Page S9545]]

     shall submit a report to Congress on the results of the 
     study, including--
       (1) an identification of redundancies and inefficiencies 
     referred to in subsection (a); and
       (2) recommendations for eliminating such redundancies and 
     inefficiencies.
                                 ______
                                 
  SA 5001. Mr. WYDEN (for himself and Mr. Smith) submitted an amendment 
intended to be proposed by him to the bill H.R. 4954, to improve 
maritime and cargo security through enhanced layered defenses, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 4, line 25, strike ``a device'' and all that 
     follows through page 5, line 4, and insert the following: ``a 
     device, or system, designed, at a minimum, to identify 
     positively a container, to detect and record the unauthorized 
     intrusion of a container, and to secure a container against 
     tampering throughout the supply chain. Such a device, or 
     system, shall have a low false alarm rate as determined by 
     the Secretary.''.
                                 ______
                                 
  SA 5002. Mr. LIEBERMAN (for himself, Mr. Stevens, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4954, to improve maritime and cargo security through enhanced layered 
defenses, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 87, beginning with ``and'' on line 5, strike all 
     through line 9, and insert the following:
       ``(8) an assessment of the feasibility of reducing the 
     transit time for in-bond shipments, including an assessment 
     of the impact of such a change on domestic and international 
     trade; and
       ``(9) an assessment of the security threat posed by in-bond 
     cargo, including an assessment of any means for mitigating 
     the threat posed by in-bond cargo.
                                 ______
                                 
  SA 5003. Mr. BAUCUS (for himself, Ms. Stabenow, Mr. Menendez, Ms. 
Cantwell, Mrs. Boxer, Mr. Carper, Mrs. Clinton, Mr. Dayton, Mr. Dodd, 
Mr. Dorgan, Mr. Harkin, Mr. Inouye, Mr. Jeffords, Mr. Johnson, Mr. 
Kerry, Mr. Kohl, Ms. Landrieu, Mr. Levin, Mr. Lieberman, Mrs. Lincoln, 
Ms. Mikulski, Mr. Nelson of Florida, Mr. Pryor, Mr. Reid, Mr. 
Rockefeller, Mr. Salazar, Mr. Schumer, Mrs. Murray, Mr. Bingaman, Mrs. 
Feinstein, Mr. Kennedy, Mr. Obama, Mr. Reed, and Mr. Akaka) submitted 
an amendment intended to be proposed by him to the bill H.R. 4096, to 
amend the Internal Revenue Code of 1986 to extend to 2006 the 
alternative minimum tax relief available in 2005 and to index such 
relief for inflation; which was ordered to lie on the table; as 
follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE, ETC.

       (a) Short Title.--This Act may be cited as the ``Tax Relief 
     Extension Act of 2006''.
       (b) Reference.--Except as otherwise expressly provided, 
     whenever in this Act an amendment or repeal is expressed in 
     terms of an amendment to, or repeal of, a section or other 
     provision, the reference shall be considered to be made to a 
     section or other provision of the Internal Revenue Code of 
     1986.
       (c) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title, etc.

   TITLE I--EXTENSION AND EXPANSION OF CERTAIN TAX RELIEF PROVISIONS

Sec. 101. Deduction for qualified tuition and related expenses.
Sec. 102. Extension and modification of new markets tax credit.
Sec. 103. Election to deduct State and local general sales taxes.
Sec. 104. Extension and modification of research credit.
Sec. 105. Work opportunity tax credit and welfare-to-work credit.
Sec. 106. Election to include combat pay as earned income for purposes 
              of earned income credit.
Sec. 107. Extension and modification of qualified zone academy bonds.
Sec. 108. Above-the-line deduction for certain expenses of elementary 
              and secondary school teachers.
Sec. 109. Extension and expansion of expensing of brownfields 
              remediation costs.
Sec. 110. Tax incentives for investment in the District of Columbia.
Sec. 111. Indian employment tax credit.
Sec. 112. Accelerated depreciation for business property on Indian 
              reservations.
Sec. 113. Fifteen-year straight-line cost recovery for qualified 
              leasehold improvements and qualified restaurant property.
Sec. 114. Cover over of tax on distilled spirits.
Sec. 115. Parity in application of certain limits to mental health 
              benefits.
Sec. 116. Corporate donations of scientific property used for research 
              and of computer technology and equipment.
Sec. 117. Availability of medical savings accounts.
Sec. 118. Taxable income limit on percentage depletion for oil and 
              natural gas produced from marginal properties.
Sec. 119. American Samoa economic development credit.
Sec. 120. Restructuring of New York Liberty Zone tax credits.
Sec. 121. Extension of bonus depreciation for certain qualified Gulf 
              Opportunity Zone property.
Sec. 122. Authority for undercover operations.
Sec. 123. Disclosures of certain tax return information.

                     TITLE II--OTHER TAX PROVISIONS

Sec. 201. Deduction allowable with respect to income attributable to 
              domestic production activities in Puerto Rico.
Sec. 202. Credit for prior year minimum tax liability made refundable 
              after period of years.
Sec. 203. Returns required in connection with certain options.
Sec. 204. Partial expensing for advanced mine safety equipment.
Sec. 205. Mine rescue team training tax credit.
Sec. 206. Whistleblower reforms.
Sec. 207. Frivolous tax submissions.
Sec. 208. Addition of meningococcal and human papillomavirus vaccines 
              to list of taxable vaccines.
Sec. 209. Clarification of taxation of certain settlement funds made 
              permanent.
Sec. 210. Modification of active business definition under section 355 
              made permanent.
Sec. 211. Revision of State veterans limit made permanent.
Sec. 212. Capital gains treatment for certain self-created musical 
              works made permanent.
Sec. 213. Reduction in minimum vessel tonnage which qualifies for 
              tonnage tax made permanent.
Sec. 214. Modification of special arbitrage rule for certain funds made 
              permanent.
Sec. 215. Great Lakes domestic shipping to not disqualify vessel from 
              tonnage tax.
Sec. 216. Use of qualified mortgage bonds to finance residences for 
              veterans without regard to first-time homebuyer 
              requirement.
Sec. 217. Exclusion of gain from sale of a principal residence by 
              certain employees of the intelligence community.
Sec. 218. Treatment of coke and coke gas.
Sec. 219. Sale of property by judicial officers.
Sec. 220. Premiums for mortgage insurance.
Sec. 221. Modification of refunds for kerosene used in aviation.
Sec. 222. Deduction for qualified timber gain.
Sec. 223. Credit to holders of rural renaissance bonds.
Sec. 224. Restoration of deduction for travel expenses of spouse, etc. 
              accompanying taxpayer on business travel.
Sec. 225. Technical corrections.

  TITLE III--SURFACE MINING CONTROL AND RECLAMATION ACT AMENDMENTS OF 
                                  2006

Sec. 301. Short title.

               Subtitle A--Mining Control and Reclamation

Sec. 311. Abandoned Mine Reclamation Fund and purposes.
Sec. 312. Reclamation fee.
Sec. 313. Objectives of Fund.
Sec. 314. Reclamation of rural land.
Sec. 315. Liens.
Sec. 316. Certification.
Sec. 317. Remining incentives.
Sec. 318. Extension of limitation on application of prohibition on 
              issuance of permit.
Sec. 319. Tribal regulation of surface coal mining and reclamation 
              operations.

          Subtitle B--Coal Industry Retiree Health Benefit Act

Sec. 321. Certain related persons and successors in interest relieved 
              of liability if premiums prepaid.
Sec. 322. Transfers to funds; premium relief.
Sec. 323. Other provisions.

   TITLE I--EXTENSION AND EXPANSION OF CERTAIN TAX RELIEF PROVISIONS

     SEC. 101. DEDUCTION FOR QUALIFIED TUITION AND RELATED 
                   EXPENSES.

       (a) In General.--Section 222(e) is amended by striking 
     ``2005''and inserting ``2007''.
       (b) Conforming Amendments.--Section 222(b)(2)(B) is 
     amended--
       (1) by striking ``a taxable year beginning in 2004 or 
     2005'' and inserting ``any taxable year beginning after 
     2003'', and
       (2) by striking ``2004 and 2005'' in the heading and 
     inserting ``After 2003''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 102. EXTENSION AND MODIFICATION OF NEW MARKETS TAX 
                   CREDIT.

       (a) Extension.--Section 45D(f)(1)(D) is amended by striking 
     ``and 2007'' and inserting ``, 2007, and 2008''.
       (b) Regulations Regarding Non-Metropolitan Counties.--
     Section 45D(i) is amended by striking ``and'' at the end of 
     paragraph

[[Page S9546]]

     (4), by striking the period at the end of paragraph (5) and 
     inserting ``, and'', and by adding at the end the following 
     new paragraph:
       ``(6) which ensure that non-metropolitan counties receive a 
     proportional allocation of qualified equity investments.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 103. ELECTION TO DEDUCT STATE AND LOCAL GENERAL SALES 
                   TAXES.

       (a) In General.--Section 164(b)(5)(I) is amended by 
     striking ``2006'' and inserting ``2008''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 104. EXTENSION AND MODIFICATION OF RESEARCH CREDIT.

       (a) Extension.--
       (1) In general.--Section 41(h)(1)(B) is amended by striking 
     ``2005'' and inserting ``2007''.
       (2) Conforming amendment.--Section 45C(b)(1)(D) is amended 
     by striking ``2005'' and inserting ``2007''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to amounts paid or incurred after December 31, 
     2005.
       (b) Increase in Rates of Alternative Incremental Credit.--
       (1) In general.--Subparagraph (A) of section 41(c)(4) 
     (relating to election of alternative incremental credit) is 
     amended--
       (A) by striking ``2.65 percent'' and inserting ``3 
     percent'',
       (B) by striking ``3.2 percent'' and inserting ``4 
     percent'', and
       (C) by striking ``3.75 percent'' and inserting ``5 
     percent''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to amounts paid or incurred after December 31, 
     2006.
       (c) Alternative Simplified Credit for Qualified Research 
     Expenses.--
       (1) In general.--Subsection (c) of section 41 (relating to 
     base amount) is amended by redesignating paragraphs (5) and 
     (6) as paragraphs (6) and (7), respectively, and by inserting 
     after paragraph (4) the following new paragraph:
       ``(5) Election of alternative simplified credit.--
       ``(A) In general.--At the election of the taxpayer, the 
     credit determined under subsection (a)(1) shall be equal to 
     12 percent of so much of the qualified research expenses for 
     the taxable year as exceeds 50 percent of the average 
     qualified research expenses for the 3 taxable years preceding 
     the taxable year for which the credit is being determined.
       ``(B) Special rule in case of no qualified research 
     expenses in any of 3 preceding taxable years.--
       ``(i) Taxpayers to which subparagraph applies.--The credit 
     under this paragraph shall be determined under this 
     subparagraph if the taxpayer has no qualified research 
     expenses in any one of the 3 taxable years preceding the 
     taxable year for which the credit is being determined.
       ``(ii) Credit rate.--The credit determined under this 
     subparagraph shall be equal to 6 percent of the qualified 
     research expenses for the taxable year.
       ``(C) Election.--An election under this paragraph shall 
     apply to the taxable year for which made and all succeeding 
     taxable years unless revoked with the consent of the 
     Secretary. An election under this paragraph may not be made 
     for any taxable year to which an election under paragraph (4) 
     applies.''.
       (2) Coordination with election of alternative incremental 
     credit.--
       (A) In general.--Section 41(c)(4)(B) (relating to election) 
     is amended by adding at the end the following: ``An election 
     under this paragraph may not be made for any taxable year to 
     which an election under paragraph (5) applies.''.
       (B) Transition rule.--In the case of an election under 
     section 41(c)(4) of the Internal Revenue Code of 1986 which 
     applies to the taxable year which includes the date of the 
     enactment of this Act, such election shall be treated as 
     revoked with the consent of the Secretary of the Treasury if 
     the taxpayer makes an election under section 41(c)(5) of such 
     Code (as added by subsection (c)) for such year.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to amounts paid or incurred after December 31, 
     2006.

     SEC. 105. WORK OPPORTUNITY TAX CREDIT AND WELFARE-TO-WORK 
                   CREDIT.

       (a) In General.--Sections 51(c)(4)(B) and 51A(f) are each 
     amended by striking ``2005'' and inserting ``2007''.
       (b) Eligibility of Ex-Felons Determined Without Regard to 
     Family Income.--Paragraph (4) of section 51(d) is amended by 
     adding ``and'' at the end of subparagraph (A), by striking 
     ``, and'' at the end of subparagraph (B) and inserting a 
     period, and by striking all that follows subparagraph (B).
       (c) Increase in Maximum Age for Eligibility of Food Stamp 
     Recipients.--Clause (i) of section 51(d)(8)(A) is amended by 
     striking ``25'' and inserting ``40''.
       (d) Extension of Paperwork Filing Deadline.--Section 
     51(d)(12)(A)(ii)(II) is amended by striking ``21st day'' and 
     inserting ``28th day''.
       (e) Consolidation of Work Opportunity Credit With Welfare-
     to-Work Credit.--
       (1) In general.--Paragraph (1) of section 51(d) is amended 
     by striking ``or'' at the end of subparagraph (G), by 
     striking the period at the end of subparagraph (H) and 
     inserting ``, or'', and by adding at the end the following 
     new subparagraph:
       ``(I) a long-term family assistance recipient.''.
       (2) Long-term family assistance recipient.--Subsection (d) 
     of section 51 is amended by redesignating paragraphs (10) 
     through (12) as paragraphs (11) through (13), respectively, 
     and by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) Long-term family assistance recipient.--The term 
     `long-term family assistance recipient' means any individual 
     who is certified by the designated local agency--
       ``(A) as being a member of a family receiving assistance 
     under a IV-A program (as defined in paragraph (2)(B)) for at 
     least the 18-month period ending on the hiring date,
       ``(B)(i) as being a member of a family receiving such 
     assistance for 18 months beginning after August 5, 1997, and
       ``(ii) as having a hiring date which is not more than 2 
     years after the end of the earliest such 18-month period, or
       ``(C)(i) as being a member of a family which ceased to be 
     eligible for such assistance by reason of any limitation 
     imposed by Federal or State law on the maximum period such 
     assistance is payable to a family, and
       ``(ii) as having a hiring date which is not more than 2 
     years after the date of such cessation.''.
       (3) Increased credit for employment of long-term family 
     assistance recipients.--Section 51 is amended by inserting 
     after subsection (d) the following new subsection:
       ``(e) Credit for Second-Year Wages for Employment of Long-
     Term Family Assistance Recipients.--
       ``(1) In general.--With respect to the employment of a 
     long-term family assistance recipient--
       ``(A) the amount of the work opportunity credit determined 
     under this section for the taxable year shall include 50 
     percent of the qualified second-year wages for such year, and
       ``(B) in lieu of applying subsection (b)(3), the amount of 
     the qualified first-year wages, and the amount of qualified 
     second-year wages, which may be taken into account with 
     respect to such a recipient shall not exceed $10,000 per 
     year.
       ``(2) Qualified second-year wages.--For purposes of this 
     subsection, the term `qualified second-year wages' means 
     qualified wages--
       ``(A) which are paid to a long-term family assistance 
     recipient, and
       ``(B) which are attributable to service rendered during the 
     1-year period beginning on the day after the last day of the 
     1-year period with respect to such recipient determined under 
     subsection (b)(2).
       ``(3) Special rules for agricultural and railway labor.--If 
     such recipient is an employee to whom subparagraph (A) or (B) 
     of subsection (h)(1) applies, rules similar to the rules of 
     such subparagraphs shall apply except that--
       ``(A) such subparagraph (A) shall be applied by 
     substituting `$10,000' for `$6,000', and
       ``(B) such subparagraph (B) shall be applied by 
     substituting `$833.33' for `$500'.''.
       (4) Repeal of separate welfare-to-work credit.--
       (A) In general.--Section 51A is hereby repealed.
       (B) Clerical amendment.--The table of sections for subpart 
     F of part IV of subchapter A of chapter 1 is amended by 
     striking the item relating to section 51A.
       (f) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to individuals 
     who begin work for the employer after December 31, 2005.
       (2) Consolidation.--The amendments made by subsections (b), 
     (c), (d), and (e) shall apply to individuals who begin work 
     for the employer after December 31, 2006.

     SEC. 106. ELECTION TO INCLUDE COMBAT PAY AS EARNED INCOME FOR 
                   PURPOSES OF EARNED INCOME CREDIT.

       (a) In General.--Section 32(c)(2)(B)(vi)(II) is amended by 
     striking ``2007'' and inserting ``2008''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2006.

     SEC. 107. EXTENSION AND MODIFICATION OF QUALIFIED ZONE 
                   ACADEMY BONDS.

       (a) In General.--Paragraph (1) of section 1397E(e) is 
     amended by striking ``and 2005'' and inserting ``2005, 2006, 
     and 2007''.
       (b) Special Rules Relating to Expenditures, Arbitrage, and 
     Reporting.--
       (1) In general.--Section 1397E is amended--
       (A) in subsection (d)(1), by striking ``and'' at the end of 
     subparagraph (C)(iii), by striking the period at the end of 
     subparagraph (D) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(E) the issue meets the requirements of subsections (f), 
     (g), and (h).'', and
       (B) by redesignating subsections (f), (g), (h), and (i) as 
     subsection (i), (j), (k), and (l), respectively, and by 
     inserting after subsection (e) the following new subsections:
       ``(f) Special Rules Relating to Expenditures.--
       ``(1) In general.--An issue shall be treated as meeting the 
     requirements of this subsection if, as of the date of 
     issuance, the issuer reasonably expects--
       ``(A) at least 95 percent of the proceeds from the sale of 
     the issue are to be spent for 1 or more qualified purposes 
     with respect to

[[Page S9547]]

     qualified zone academies within the 5-year period beginning 
     on the date of issuance of the qualified zone academy bond,
       ``(B) a binding commitment with a third party to spend at 
     least 10 percent of the proceeds from the sale of the issue 
     will be incurred within the 6-month period beginning on the 
     date of issuance of the qualified zone academy bond, and
       ``(C) such purposes will be completed with due diligence 
     and the proceeds from the sale of the issue will be spent 
     with due diligence.
       ``(2) Extension of period.--Upon submission of a request 
     prior to the expiration of the period described in paragraph 
     (1)(A), the Secretary may extend such period if the issuer 
     establishes that the failure to satisfy the 5-year 
     requirement is due to reasonable cause and the related 
     purposes will continue to proceed with due diligence.
       ``(3) Failure to spend required amount of bond proceeds 
     within 5 years.--To the extent that less than 95 percent of 
     the proceeds of such issue are expended by the close of the 
     5-year period beginning on the date of issuance (or if an 
     extension has been obtained under paragraph (2), by the close 
     of the extended period), the issuer shall redeem all of the 
     nonqualified bonds within 90 days after the end of such 
     period. For purposes of this paragraph, the amount of the 
     nonqualified bonds required to be redeemed shall be 
     determined in the same manner as under section 142.
       ``(g) Special Rules Relating to Arbitrage.--An issue shall 
     be treated as meeting the requirements of this subsection if 
     the issuer satisfies the arbitrage requirements of section 
     148 with respect to proceeds of the issue.
       ``(h) Reporting.--Issuers of qualified academy zone bonds 
     shall submit reports similar to the reports required under 
     section 149(e).''.
       (2) Conforming amendments.--Sections 54(l)(3)(B) and 
     1400N(l)(7)(B)(ii) are each amended by striking ``section 
     1397E(i)'' and inserting ``section 1397E(l)''.
       (c) Effective Dates.--
       (1) Extension.--The amendment made by subsection (a) shall 
     apply to obligations issued after December 31, 2005.
       (2) Special rules.--The amendments made by subsection (b) 
     shall apply to obligations issued after the date of the 
     enactment of this Act pursuant to allocations of the national 
     zone academy bond limitation for calendar years after 2005.

     SEC. 108. ABOVE-THE-LINE DEDUCTION FOR CERTAIN EXPENSES OF 
                   ELEMENTARY AND SECONDARY SCHOOL TEACHERS.

       (a) In General.--Subparagraph (D) of section 62(a)(2) is 
     amended by striking ``or 2005'' and inserting ``2005, 2006, 
     or 2007''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 109. EXTENSION AND EXPANSION OF EXPENSING OF BROWNFIELDS 
                   REMEDIATION COSTS.

       (a) Extension.--Subsection (h) of section 198 is amended by 
     striking ``2005'' and inserting ``2007''.
       (b) Expansion.--Section 198(d)(1) (defining hazardous 
     substance) is amended by striking ``and'' at the end of 
     subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(C) any petroleum product (as defined in section 
     4612(a)(3)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to expenditures paid or incurred after December 
     31, 2005.

     SEC. 110. TAX INCENTIVES FOR INVESTMENT IN THE DISTRICT OF 
                   COLUMBIA.

       (a) Designation of Zone.--
       (1) In general.--Subsection (f) of section 1400 is amended 
     by striking ``2005'' both places it appears and inserting 
     ``2007''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to periods beginning after December 31, 2005.
       (b) Tax-Exempt Economic Development Bonds.--
       (1) In general.--Subsection (b) of section 1400A is amended 
     by striking ``2005'' and inserting ``2007''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to bonds issued after December 31, 2005.
       (c) Zero Percent Capital Gains Rate.--
       (1) In general.--Subsection (b) of section 1400B is amended 
     by striking ``2006'' each place it appears and inserting 
     ``2008''.
       (2) Conforming amendments.--
       (A) Section 1400B(e)(2) is amended--
       (i) by striking ``2010'' and inserting ``2012'', and
       (ii) by striking ``2010'' in the heading thereof and 
     inserting ``2012''.
       (B) Section 1400B(g)(2) is amended by striking ``2010'' and 
     inserting ``2012''.
       (C) Section 1400F(d) is amended by striking ``2010'' and 
     inserting ``2012''.
       (3) Effective dates.--
       (A) Extension.--The amendments made by paragraph (1) shall 
     apply to acquisitions after December 31, 2005.
       (B) Conforming amendments.--The amendments made by 
     paragraph (2) shall take effect on the date of the enactment 
     of this Act.
       (d) First-Time Homebuyer Credit.--
       (1) In general.--Subsection (i) of section 1400C is amended 
     by striking ``2006'' and inserting ``2008''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to property purchased after December 31, 2005.

     SEC. 111. INDIAN EMPLOYMENT TAX CREDIT.

       (a) In General.--Section 45A(f) is amended by striking 
     ``2005'' and inserting ``2007''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 112. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   INDIAN RESERVATIONS.

       (a) In General.--Section 168(j)(8) is amended by striking 
     ``2005'' and inserting ``2007''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2005.

     SEC. 113. FIFTEEN-YEAR STRAIGHT-LINE COST RECOVERY FOR 
                   QUALIFIED LEASEHOLD IMPROVEMENTS AND QUALIFIED 
                   RESTAURANT PROPERTY.

       (a) In General.--Clauses (iv) and (v) of section 
     168(e)(3)(E) are each amended by striking ``2006'' and 
     inserting ``2008''.
       (b) Treatment of Restaurant Property to Include New 
     Construction.--Paragraph (7) of section 168(e) (relating to 
     classification of property) is amended to read as follows:
       ``(7) Qualified restaurant property.--The term `qualified 
     restaurant property' means any section 1250 property which is 
     a building or an improvement to a building if more than 50 
     percent of the building's square footage is devoted to 
     preparation of, and seating for on-premises consumption of, 
     prepared meals.''.
       (c) Effective Dates.--
       (1) Subsection (a).--The amendments made by subsection (a) 
     shall apply to property placed in service after December 31, 
     2005.
       (2) Subsection (b).--The amendment made by subsection (b) 
     shall apply to property placed in service after the date of 
     the enactment of this Act.

     SEC. 114. COVER OVER OF TAX ON DISTILLED SPIRITS.

       (a) In General.--Section 7652(f)(1) is amended by striking 
     ``2006'' and inserting ``2008''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to articles brought into the United States after 
     December 31, 2005.

     SEC. 115. PARITY IN APPLICATION OF CERTAIN LIMITS TO MENTAL 
                   HEALTH BENEFITS.

       (a) Amendment to the Internal Revenue Code of 1986.--
     Section 9812(f)(3) is amended by striking ``2006'' and 
     inserting ``2007''.
       (b) Amendment to the Employee Retirement Income Security 
     Act of 1974.--Section 712(f) of the Employee Retirement 
     Income Security Act of 1974 (29 U.S.C. 1185a(f)) is amended 
     by striking ``2006'' and inserting ``2007''.
       (c) Amendment to the Public Health Service Act.--Section 
     2705(f) of the Public Health Service Act (42 U.S.C. 300gg-
     5(f)) is amended by striking ``2006''and inserting ``2007''.

     SEC. 116. CORPORATE DONATIONS OF SCIENTIFIC PROPERTY USED FOR 
                   RESEARCH AND OF COMPUTER TECHNOLOGY AND 
                   EQUIPMENT.

       (a) Extension of Computer Technology and Equipment 
     Donation.--
       (1) In general.--Section 170(e)(6)(G) is amended by 
     striking ``2005'' and inserting ``2007''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to contributions made in taxable years beginning 
     after December 31, 2005.
       (b) Expansion of Charitable Contribution Allowed for 
     Scientific Property Used for Research and for Computer 
     Technology and Equipment Used for Educational Purposes.--
       (1) Scientific property used for research.--
       (A) In general.--Clause (ii) of section 170(e)(4)(B) 
     (defining qualified research contributions) is amended by 
     inserting ``or assembled'' after ``constructed''.
       (B) Conforming amendment.--Clause (iii) of section 
     170(e)(4)(B) is amended by inserting ``or assembly'' after 
     ``construction''.
       (2) Computer technology and equipment for educational 
     purposes.--
       (A) In general.--Clause (ii) of section 170(e)(6)(B) is 
     amended by inserting ``or assembled'' after ``constructed'' 
     and ``or assembling'' after ``construction''.
       (B) Conforming amendment.--Subparagraph (D) of section 
     170(e)(6) is amended by inserting ``or assembled'' after 
     ``constructed'' and ``or assembly'' after ``construction''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 117. AVAILABILITY OF MEDICAL SAVINGS ACCOUNTS.

       (a) In General.--Paragraphs (2) and (3)(B) of section 
     220(i) are each amended by striking ``2005'' each place it 
     appears in the text and headings and inserting ``2007''.
       (b) Conforming Amendments.--
       (1) Paragraph (2) of section 220(j) is amended--
       (A) in the text by striking ``or 2004'' each place it 
     appears and inserting ``2004, 2005, or 2006'', and
       (B) in the heading by striking ``or 2004'' and inserting 
     ``2004, 2005, or 2006'' .
       (2) Subparagraph (A) of section 220(j)(4) is amended by 
     striking ``and 2004'' and inserting ``2004, 2005, and 2006''.
       (c) Time for Filing Reports, etc.--
       (1) The report required by section 220(j)(4) of the 
     Internal Revenue Code of 1986 to be made on August 1, 2005, 
     shall be treated as

[[Page S9548]]

     timely if made before the close of the 90-day period 
     beginning on the date of the enactment of this Act.
       (2) The determination and publication required by section 
     220(j)(5) of such Code with respect to calendar year 2005 
     shall be treated as timely if made before the close of the 
     120-day period beginning on the date of the enactment of this 
     Act. If the determination under the preceding sentence is 
     that 2005 is a cut-off year under section 220(i) of such 
     Code, the cut-off date under such section 220(i) shall be the 
     last day of such 120-day period.

     SEC. 118. TAXABLE INCOME LIMIT ON PERCENTAGE DEPLETION FOR 
                   OIL AND NATURAL GAS PRODUCED FROM MARGINAL 
                   PROPERTIES.

       (a) In General.--Section 613A(c)(6)(H) is amended by 
     striking ``2006'' and inserting ``2008''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 119. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

       (a) In General.--For purposes of section 30A of the 
     Internal Revenue Code of 1986, a domestic corporation shall 
     be treated as a qualified domestic corporation to which such 
     section applies if such corporation--
       (1) is an existing credit claimant with respect to American 
     Samoa, and
       (2) elected the application of section 936 of the Internal 
     Revenue Code of 1986 for its last taxable year beginning 
     before January 1, 2006.
       (b) Special Rules for Application of Section.--The 
     following rules shall apply in applying section 30A of the 
     Internal Revenue Code of 1986 for purposes of this section:
       (1) Amount of credit.--Notwithstanding section 30A(a)(1) of 
     such Code, the amount of the credit determined under section 
     30A(a)(1) of such Code for any taxable year shall be the 
     amount determined under section 30A(d) of such Code, except 
     that section 30A(d) shall be applied without regard to 
     paragraph (3) thereof.
       (2) Separate application.--In applying section 30A(a)(3) of 
     such Code in the case of a corporation treated as a qualified 
     domestic corporation by reason of this section, section 30A 
     of such Code (and so much of section 936 of such Code as 
     relates to such section 30A) shall be applied separately with 
     respect to American Samoa.
       (3) Foreign tax credit allowed.--Notwithstanding section 
     30A(e) of such Code, the provisions of section 936(c) of such 
     Code shall not apply with respect to the credit allowed by 
     reason of this section.
       (c) Definitions.--For purposes of this section, any term 
     which is used in this section which is also used in section 
     30A or 936 of such Code shall have the same meaning given 
     such term by such section 30A or 936.
       (d) Application of Section.--Notwithstanding section 30A(h) 
     or section 936(j) of such Code, this section (and so much of 
     section 30A and section 936 of such Code as relates to this 
     section) shall apply to the first two taxable years of a 
     corporation to which subsection (a) applies which begin after 
     December 31, 2005, and before January 1, 2008.

     SEC. 120. RESTRUCTURING OF NEW YORK LIBERTY ZONE TAX CREDITS.

       (a) In General.--Part I of subchapter Y of chapter 1 is 
     amended by redesignating section 1400L as 1400K and by adding 
     at the end the following new section:

     ``SEC. 1400L. NEW YORK LIBERTY ZONE TAX CREDITS.

       ``(a) In General.--In the case of a New York Liberty Zone 
     governmental unit, there shall be allowed as a credit against 
     any taxes imposed for any payroll period by section 3402 for 
     which such governmental unit is liable under section 3403 an 
     amount equal to so much of the portion of the qualifying 
     project expenditure amount allocated under subsection (b)(3) 
     to such governmental unit for the calendar year as is 
     allocated by such governmental unit to such period under 
     subsection (b)(4).
       ``(b) Qualifying Project Expenditure Amount.--For purposes 
     of this section--
       ``(1) In general.--The term `qualifying project expenditure 
     amount' means, with respect to any calendar year, the sum 
     of--
       ``(A) the total expenditures paid or incurred during such 
     calendar year by all New York Liberty Zone governmental units 
     and the Port Authority of New York and New Jersey for any 
     portion of qualifying projects located wholly within the City 
     of New York, New York, and
       ``(B) any such expenditures--
       ``(i) paid or incurred in any preceding calendar year which 
     begins after the date of enactment of this section, and
       ``(ii) not previously allocated under paragraph (3).
       ``(2) Qualifying project.--The term `qualifying project' 
     means any transportation infrastructure project, including 
     highways, mass transit systems, railroads, airports, ports, 
     and waterways, in or connecting with the New York Liberty 
     Zone (as defined in section 1400K(h)), which is designated as 
     a qualifying project under this section jointly by the 
     Governor of the State of New York and the Mayor of the City 
     of New York, New York.
       ``(3) General allocation.--
       ``(A) In general.--The Governor of the State of New York 
     and the Mayor of the City of New York, New York, shall 
     jointly allocate to each New York Liberty Zone governmental 
     unit the portion of the qualifying project expenditure amount 
     which may be taken into account by such governmental unit 
     under subsection (a) for any calendar year in the credit 
     period.
       ``(B) Aggregate limit.--The aggregate amount which may be 
     allocated under subparagraph (A) for all calendar years in 
     the credit period shall not exceed $1,750,000,000.
       ``(C) Annual limit.--
       ``(i) In general.--The aggregate amount which may be 
     allocated under subparagraph (A) for any calendar year in the 
     credit period shall not exceed the sum of--

       ``(I) the applicable limit, plus
       ``(II) the aggregate amount authorized to be allocated 
     under this paragraph for all preceding calendar years in the 
     credit period which was not so allocated.

       ``(ii) Applicable limit.--For purposes of clause (i), the 
     applicable limit for any calendar year is--

       ``(I) in the case of calendar years 2007 through 2016, 
     $100,000,000,
       ``(II) in the case of calendar year 2017 or 2018, 
     $200,000,000,
       ``(III) in the case of calendar year 2019, $150,000,000,
       ``(IV) in the case of calendar year 2020 or 2021, 
     $100,000,000, and
       ``(V) in the case of any calendar year after 2021, zero.

       ``(D) Unallocated amounts at end of credit period.--If, as 
     of the close of the credit period, the amount under 
     subparagraph (B) exceeds the aggregate amount allocated under 
     subparagraph (A) for all calendar years in the credit period, 
     the Governor of the State of New York and the Mayor of the 
     City of New York, New York, may jointly allocate to New York 
     Liberty Zone governmental units for any calendar year in the 
     5-year period following the credit period an amount equal 
     to--
       ``(i) the lesser of--

       ``(I) such excess, or
       ``(II) the qualifying project expenditure amount for such 
     calendar year, reduced by

       ``(ii) the aggregate amount allocated under this 
     subparagraph for all preceding calendar years.
       ``(4) Allocation to payroll periods.--Each New York Liberty 
     Zone governmental unit which has been allocated a portion of 
     the qualifying project expenditure amount under paragraph (3) 
     for a calendar year may allocate such portion to payroll 
     periods beginning in such calendar year as such governmental 
     unit determines appropriate.
       ``(c) Carryover of Unused Allocations.--
       ``(1) In general.--Except as provided in paragraph (2), if 
     the amount allocated under subsection (b)(3) to a New York 
     Liberty Zone governmental unit for any calendar year exceeds 
     the aggregate taxes imposed by section 3402 for which such 
     governmental unit is liable under section 3403 for periods 
     beginning in such year, such excess shall be carried to the 
     succeeding calendar year and added to the allocation of such 
     governmental unit for such succeeding calendar year. No 
     amount may be carried under the preceding sentence to a 
     calendar year after 2026.
       ``(2) Reallocation.--If a New York Liberty Zone 
     governmental unit does not use an amount allocated to it 
     under subsection (b)(3) within the time prescribed by the 
     Governor of the State of New York and the Mayor of the City 
     of New York, New York, then such amount shall after such time 
     be treated for purposes of subsection (b)(3) in the same 
     manner as if it had never been allocated.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Credit period.--The term `credit period' means the 
     15-year period beginning on January 1, 2007.
       ``(2) New york liberty zone governmental unit.--The term 
     `New York Liberty Zone governmental unit' means--
       ``(A) the State of New York,
       ``(B) the City of New York, New York, and
       ``(C) any agency or instrumentality of such State or City.
       ``(3) Treatment of funds.--Any expenditure for a qualifying 
     project taken into account for purposes of the credit under 
     this section shall be considered State and local funds for 
     the purpose of any Federal program.
       ``(4) Treatment of credit amounts for purposes of 
     withholding taxes.--For purposes of this title, a New York 
     Liberty Zone governmental unit shall be treated as having 
     paid to the Secretary, on the day on which wages are paid to 
     employees, an amount equal to the amount of the credit 
     allowed to such entity under subsection (a) with respect to 
     such wages, but only if such governmental unit deducts and 
     withholds wages for such payroll period under section 3401 
     (relating to wage withholding).
       ``(e) Reporting.--The Governor of the State of New York and 
     the Mayor of the City of New York, New York, shall jointly 
     submit to the Secretary an annual report--
       ``(1) which certifies--
       ``(A) the qualifying project expenditure amount for the 
     calendar year, and
       ``(B) the amount allocated to each New York Liberty Zone 
     governmental unit under subsection (b)(3) for the calendar 
     year, and
       ``(2) includes such other information as the Secretary may 
     require to carry out this section.
       ``(f) Guidance.--The Secretary may prescribe such guidance 
     as may be necessary or appropriate to ensure compliance with 
     the purposes of this section.
       ``(g) Termination.--No credit shall be allowed under 
     subsection (a) for any calender year after 2026.''.
       (b) Termination of Certain New York Liberty Zone 
     Benefits.--

[[Page S9549]]

       (1) Special allowance and expensing.--Section 
     1400K(b)(2)(A)(v), as redesignated by subsection (a), is 
     amended by striking ``the termination date'' and inserting 
     ``the date of the enactment of the Tax Relief Extension Act 
     of 2006 or the termination date if pursuant to a binding 
     contract in effect on such enactment date''.
       (2) Leasehold.--Section 1400K(c)(2)(B), as so redesignated, 
     is amended by striking ``before January 1, 2007'' and 
     inserting ``on or before the date of the enactment of the Tax 
     Relief Extension Act of 2006 or before January 1, 2007, if 
     pursuant to a binding contract in effect on such enactment 
     date''.
       (c) Conforming Amendments.--
       (1) Section 38(c)(3)(B) is amended by striking ``section 
     1400L(a)'' and inserting ``section 1400K(a)''.
       (2) Section 168(k)(2)(D)(ii) is amended by striking 
     ``section 1400L(c)(2)'' and inserting ``1400K(c)(2)''.
       (3) The table of sections for part I of subchapter Y of 
     chapter 1 is amended by striking ``1400L'' and inserting 
     ``1400K''.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to periods 
     beginning after December 31, 2006.
       (2) Subsection (b).--The amendments made by subsection (b) 
     shall take effect as if included in section 301 of the Job 
     Creation and Worker Assistance Act of 2002.

     SEC. 121. EXTENSION OF BONUS DEPRECIATION FOR CERTAIN 
                   QUALIFIED GULF OPPORTUNITY ZONE PROPERTY.

       (a) In General.--Subsection (d) of section 1400N is amended 
     by adding at the end the following new paragraph:
       ``(6) Extension for certain property.--
       ``(A) In general.--In the case of any specified Gulf 
     Opportunity Zone extension property, paragraph (2)(A) shall 
     be applied without regard to clause (v) thereof.
       ``(B) Specified gulf opportunity zone extension property.--
     For purposes of this paragraph, the term `specified Gulf 
     Opportunity Zone extension property' means property--
       ``(i) substantially all of the use of which is in one or 
     more specified portions of the GO Zone, and
       ``(ii) which is--

       ``(I) nonresidential real property or residential rental 
     property which is placed in service by the taxpayer on or 
     before December 31, 2009, or
       ``(II) in the case of a taxpayer who places a building 
     described in subclause (I) in service on or before December 
     31, 2009, property described in section 168(k)(2)(A)(i) if 
     substantially all of the use of such property is in such 
     building and such property is placed in service by the 
     taxpayer not later than 90 days after such building is placed 
     in service.

       ``(C) Specified portions of the go zone.--For purposes of 
     this paragraph, the term `specified portions of the GO Zone' 
     means those portions of the GO Zone which are in any county 
     or parish which is identified by the Secretary as being a 
     county or parish in which hurricanes occurring during 2005 
     damaged (in the aggregate) more than 40 percent of the 
     housing units in such county or parish which were occupied 
     (determined according to the 2000 Census).''.
       (b) Extension Not Applicable to Increased Section 179 
     Expensing.--Paragraph (2) of section 1400N(e) is amended by 
     inserting ``without regard to subsection (d)(6)'' after 
     ``subsection (d)(2)''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 101 of the Gulf 
     Opportunity Zone Act of 2005.

     SEC. 122. AUTHORITY FOR UNDERCOVER OPERATIONS.

       Paragraph (6) of section 7608(c) (relating to application 
     of section) is amended by striking ``2007'' both places it 
     appears and inserting ``2008''.

     SEC. 123. DISCLOSURES OF CERTAIN TAX RETURN INFORMATION.

       (a) Disclosures To Facilitate Combined Employment Tax 
     Reporting.--
       (1) In general.--Subparagraph (B) of section 6103(d)(5) 
     (relating to termination) is amended by striking ``2006'' and 
     inserting ``2007''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to disclosures after December 31, 2006.
       (b) Disclosures Relating to Terrorist Activities.--
       (1) In general.--Clause (iv) of section 6103(i)(3)(C) and 
     subparagraph (E) of section 6103(i)(7) are each amended by 
     striking ``2006'' and inserting ``2007''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to disclosures after December 31, 2006.
       (c) Disclosures Relating to Student Loans.--
       (1) In general.--Subparagraph (D) of section 6103(l)(13) 
     (relating to termination) is amended by striking ``2006'' and 
     inserting ``2007''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to requests made after December 31, 2006.

                     TITLE II--OTHER TAX PROVISIONS

     SEC. 201. DEDUCTION ALLOWABLE WITH RESPECT TO INCOME 
                   ATTRIBUTABLE TO DOMESTIC PRODUCTION ACTIVITIES 
                   IN PUERTO RICO.

       (a) In General.--Subsection (d) of section 199 (relating to 
     definitions and special rules) is amended by redesignating 
     paragraph (8) as paragraph (9) and by inserting after 
     paragraph (7) the following new paragraph:
       ``(8) Treatment of activities in puerto rico.--
       ``(A) In general.--In the case of any taxpayer with gross 
     receipts for any taxable year from sources within the 
     Commonwealth of Puerto Rico, if all of such receipts are 
     taxable under section 1 or 11 for such taxable year, then for 
     purposes of determining the domestic production gross 
     receipts of such taxpayer for such taxable year under 
     subsection (c)(4), the term `United States' shall include the 
     Commonwealth of Puerto Rico.
       ``(B) Special rule for applying wage limitation.--In the 
     case of any taxpayer described in subparagraph (A), for 
     purposes of applying the limitation under subsection (b) for 
     any taxable year, the determination of W-2 wages of such 
     taxpayer shall be made without regard to any exclusion under 
     section 3401(a)(8) for remuneration paid for services 
     performed in Puerto Rico.
       ``(C) Termination.--This paragraph shall apply only with 
     respect to the first 2 taxable years of the taxpayer 
     beginning after December 31, 2005, and before January 1, 
     2008.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 202. CREDIT FOR PRIOR YEAR MINIMUM TAX LIABILITY MADE 
                   REFUNDABLE AFTER PERIOD OF YEARS.

       (a) In General.--Section 53 (relating to credit for prior 
     year minimum tax liability) is amended by adding at the end 
     the following new subsection:
       ``(e) Special Rule for Individuals With Long-Term Unused 
     Credits.--
       ``(1) In general.--If an individual has a long-term unused 
     minimum tax credit for any taxable year beginning before 
     January 1, 2013, the amount determined under subsection (c) 
     for such taxable year shall not be less than the AMT 
     refundable credit amount for such taxable year.
       ``(2) Amt refundable credit amount.--For purposes of 
     paragraph (1)--
       ``(A) In general.--The term `AMT refundable credit amount' 
     means, with respect to any taxable year, the amount equal to 
     the greater of--
       ``(i) the lesser of--

       ``(I) $5,000, or
       ``(II) the amount of long-term unused minimum tax credit 
     for such taxable year, or

       ``(ii) 20 percent of the amount of such credit.
       ``(B) Phaseout of amt refundable credit amount.--
       ``(i) In general.--In the case of an individual whose 
     adjusted gross income for any taxable year exceeds the 
     threshold amount (within the meaning of section 
     151(d)(3)(C)), the AMT refundable credit amount determined 
     under subparagraph (A) for such taxable year shall be reduced 
     by the applicable percentage (within the meaning of section 
     151(d)(3)(B)).
       ``(ii) Adjusted gross income.--For purposes of clause (i), 
     adjusted gross income shall be determined without regard to 
     sections 911, 931, and 933.
       ``(3) Long-term unused minimum tax credit.--
       ``(A) In general.--For purposes of this subsection, the 
     term `long-term unused minimum tax credit' means, with 
     respect to any taxable year, the portion of the minimum tax 
     credit determined under subsection (b) attributable to the 
     adjusted net minimum tax for taxable years before the 3rd 
     taxable year immediately preceding such taxable year.
       ``(B) First-in, first-out ordering rule.--For purposes of 
     subparagraph (A), credits shall be treated as allowed under 
     subsection (a) on a first-in, first-out basis.
       ``(4) Credit refundable.--For purposes of this title (other 
     than this section), the credit allowed by reason of this 
     subsection shall be treated as if it were allowed under 
     subpart C.''.
       (b) Conforming Amendments.--
       (1) Section 6211(b)(4)(A) is amended by striking ``and 34'' 
     and inserting ``34, and 53(e)''.
       (2) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``or 53(e)'' after 
     ``section 35''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 203. RETURNS REQUIRED IN CONNECTION WITH CERTAIN 
                   OPTIONS.

       (a) In General.--So much of section 6039(a) as follows 
     paragraph (2) is amended to read as follows:

     ``shall, for such calendar year, make a return at such time 
     and in such manner, and setting forth such information, as 
     the Secretary may by regulations prescribe.''.
       (b) Statements to Persons With Respect to Whom Information 
     Is Furnished.--Section 6039 is amended by redesignating 
     subsections (b) and (c) as subsection (c) and (d), 
     respectively, and by inserting after subsection (a) the 
     following new subsection:
       ``(b) Statements to Be Furnished to Persons With Respect to 
     Whom Information Is Reported.--Every corporation making a 
     return under subsection (a) shall furnish to each person 
     whose name is set forth in such return a written statement 
     setting forth such information as the Secretary may by 
     regulations prescribe. The written statement required under 
     the preceding sentence shall be furnished to such person on 
     or before January 31 of the year following the calendar year 
     for which the return under subsection (a) was made.''.

[[Page S9550]]

       (c) Conforming Amendments.--
       (1) Section 6724(d)(1)(B) is amended by striking ``or'' at 
     the end of clause (xvii), by striking ``and'' at the end of 
     clause (xviii) and inserting ``or'', and by adding at the end 
     the following new clause:
       ``(xix) section 6039(a) (relating to returns required with 
     respect to certain options), and''.
       (2) Section 6724(d)(2)(B) is amended by striking ``section 
     6039(a)'' and inserting ``section 6039(b)''.
       (3) The heading of section 6039 and the item relating to 
     such section in the table of sections of subpart A of part 
     III of subchapter A of chapter 61 of such Code are each 
     amended by striking ``Information'' and inserting 
     ``Returns''.
       (4) The heading of subsection (a) of section 6039 is 
     amended by striking ``Furnishing of Information'' and 
     inserting ``Requirement of Reporting''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after the date of the 
     enactment of this Act.

     SEC. 204. PARTIAL EXPENSING FOR ADVANCED MINE SAFETY 
                   EQUIPMENT.

       (a) In General.--Part VI of subchapter B of chapter 1 is 
     amended by inserting after section 179D the following new 
     section:

     ``SEC. 179E. ELECTION TO EXPENSE ADVANCED MINE SAFETY 
                   EQUIPMENT.

       ``(a) Treatment as Expenses.--A taxpayer may elect to treat 
     50 percent of the cost of any qualified advanced mine safety 
     equipment property as an expense which is not chargeable to 
     capital account. Any cost so treated shall be allowed as a 
     deduction for the taxable year in which the qualified 
     advanced mine safety equipment property is placed in service.
       ``(b) Election.--
       ``(1) In general.--An election under this section for any 
     taxable year shall be made on the taxpayer's return of the 
     tax imposed by this chapter for the taxable year. Such 
     election shall specify the advanced mine safety equipment 
     property to which the election applies and shall be made in 
     such manner as the Secretary may by regulations prescribe.
       ``(2) Election irrevocable.--Any election made under this 
     section may not be revoked except with the consent of the 
     Secretary.
       ``(c) Qualified Advanced Mine Safety Equipment Property.--
     For purposes of this section, the term `qualified advanced 
     mine safety equipment property' means any advanced mine 
     safety equipment property for use in any underground mine 
     located in the United States--
       ``(1) the original use of which commences with the 
     taxpayer, and
       ``(2) which is placed in service by the taxpayer after the 
     date of the enactment of this section.
       ``(d) Advanced Mine Safety Equipment Property.--For 
     purposes of this section, the term `advanced mine safety 
     equipment property' means any of the following:
       ``(1) Emergency communication technology or device which is 
     used to allow a miner to maintain constant communication with 
     an individual who is not in the mine.
       ``(2) Electronic identification and location device which 
     allows an individual who is not in the mine to track at all 
     times the movements and location of miners working in or at 
     the mine.
       ``(3) Emergency oxygen-generating, self-rescue device which 
     provides oxygen for at least 90 minutes.
       ``(4) Pre-positioned supplies of oxygen which (in 
     combination with self-rescue devices) can be used to provide 
     each miner on a shift, in the event of an accident or other 
     event which traps the miner in the mine or otherwise 
     necessitates the use of such a self-rescue device, the 
     ability to survive for at least 48 hours.
       ``(5) Comprehensive atmospheric monitoring system which 
     monitors the levels of carbon monoxide, methane, and oxygen 
     that are present in all areas of the mine and which can 
     detect smoke in the case of a fire in a mine.
       ``(e) Coordination With Section 179.--No expenditures shall 
     be taken into account under subsection (a) with respect to 
     the portion of the cost of any property specified in an 
     election under section 179.
       ``(f) Reporting.--No deduction shall be allowed under 
     subsection (a) to any taxpayer for any taxable year unless 
     such taxpayer files with the Secretary a report containing 
     such information with respect to the operation of the mines 
     of the taxpayer as the Secretary shall require.
       ``(g) Termination.--This section shall not apply to 
     property placed in service after December 31, 2008.''.
       (b) Conforming Amendments.--
       (1) Section 263(a)(1) is amended by striking ``or'' at the 
     end of subparagraph (J), by striking the period at the end of 
     subparagraph (K) and inserting ``, or'', and by inserting 
     after subparagraph (K) the following new subparagraph:
       ``(L) expenditures for which a deduction is allowed under 
     section 179E.''.
       (2) Section 312(k)(3)(B) is amended by striking ``or 179D'' 
     each place it appears in the heading and text thereof and 
     inserting ``179D, or 179E''.
       (3) Paragraphs (2)(C) and (3)(C) of section 1245(a) are 
     each amended by inserting ``179E,'' after ``179D,''.
       (4) The table of sections for part VI of subchapter B of 
     chapter 1 is amended by inserting after the item relating to 
     section 179D the following new item:

``Sec. 179E. Election to expense advanced mine safety equipment.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to costs paid or incurred after the date of the 
     enactment of this Act.

     SEC. 205. MINE RESCUE TEAM TRAINING TAX CREDIT.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits) is amended 
     by adding at the end the following new section:

     ``SEC. 45N. MINE RESCUE TEAM TRAINING CREDIT.

       ``(a) Amount of Credit.--For purposes of section 38, the 
     mine rescue team training credit determined under this 
     section with respect to each qualified mine rescue team 
     employee of an eligible employer for any taxable year is an 
     amount equal to the lesser of--
       ``(1) 20 percent of the amount paid or incurred by the 
     taxpayer during the taxable year with respect to the training 
     program costs of such qualified mine rescue team employee 
     (including wages of such employee while attending such 
     program), or
       ``(2) $10,000.
       ``(b) Qualified Mine Rescue Team Employee.--For purposes of 
     this section, the term `qualified mine rescue team employee' 
     means with respect to any taxable year any full-time employee 
     of the taxpayer who is--
       ``(1) a miner eligible for more than 6 months of such 
     taxable year to serve as a mine rescue team member as a 
     result of completing, at a minimum, an initial 20-hour course 
     of instruction as prescribed by the Mine Safety and Health 
     Administration's Office of Educational Policy and 
     Development, or
       ``(2) a miner eligible for more than 6 months of such 
     taxable year to serve as a mine rescue team member by virtue 
     of receiving at least 40 hours of refresher training in such 
     instruction.
       ``(c) Eligible Employer.--For purposes of this section, the 
     term `eligible employer' means any taxpayer which employs 
     individuals as miners in underground mines in the United 
     States.
       ``(d) Wages.--For purposes of this section, the term 
     `wages' has the meaning given to such term by subsection (b) 
     of section 3306 (determined without regard to any dollar 
     limitation contained in such section).
       ``(e) Termination.--This section shall not apply to taxable 
     years beginning after December 31, 2008.''.
       (b) Credit Made Part of General Business Credit.--Section 
     38(b) is amended by striking ``and'' at the end of paragraph 
     (29), by striking the period at the end of paragraph (30) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(31) the mine rescue team training credit determined 
     under section 45N(a).''.
       (c) No Double Benefit.--Section 280C is amended by adding 
     at the end the following new subsection:
       ``(e) Mine Rescue Team Training Credit.--No deduction shall 
     be allowed for that portion of the expenses otherwise 
     allowable as a deduction for the taxable year which is equal 
     to the amount of the credit determined for the taxable year 
     under section 45N(a).''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following new item:

``Sec. 45N. Mine rescue team training credit.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.

     SEC. 206. WHISTLEBLOWER REFORMS.

       (a) Awards to Whistleblowers.--
       (1) In general.--Section 7623 (relating to expenses of 
     detection of underpayments and fraud, etc.) is amended--
       (A) by striking ``The Secretary'' and inserting ``(a) In 
     General.--The Secretary'',
       (B) by striking ``and'' at the end of paragraph (1) and 
     inserting ``or'',
       (C) by striking ``(other than interest)'', and
       (D) by adding at the end the following new subsection:
       ``(b) Awards to Whistleblowers.--
       ``(1) In general.--If the Secretary proceeds with any 
     administrative or judicial action described in subsection (a) 
     based on information brought to the Secretary's attention by 
     an individual, such individual shall, subject to paragraph 
     (2), receive as an award at least 15 percent but not more 
     than 30 percent of the collected proceeds (including 
     penalties, interest, additions to tax, and additional 
     amounts) resulting from the action (including any related 
     actions) or from any settlement in response to such action. 
     The determination of the amount of such award by the 
     Whistleblower Office shall depend upon the extent to which 
     the individual substantially contributed to such action.
       ``(2) Award in case of less substantial contribution.--
       ``(A) In general.--In the event the action described in 
     paragraph (1) is one which the Whistleblower Office 
     determines to be based principally on disclosures of specific 
     allegations (other than information provided by the 
     individual described in paragraph (1)) resulting from a 
     judicial or administrative hearing, from a governmental 
     report, hearing, audit, or investigation, or from the news 
     media, the Whistleblower Office may award such sums as it 
     considers appropriate, but in no case more than 10 percent of 
     the collected proceeds (including penalties, interest, 
     additions to tax, and additional amounts) resulting from the 
     action (including any related

[[Page S9551]]

     actions) or from any settlement in response to such action, 
     taking into account the significance of the individual's 
     information and the role of such individual and any legal 
     representative of such individual in contributing to such 
     action.
       ``(B) Nonapplication of paragraph where individual is 
     original source of information.--Subparagraph (A) shall not 
     apply if the information resulting in the initiation of the 
     action described in paragraph (1) was originally provided by 
     the individual described in paragraph (1).
       ``(3) Reduction in or denial of award.--If the 
     Whistleblower Office determines that the claim for an award 
     under paragraph (1) or (2) is brought by an individual who 
     planned and initiated the actions that led to the 
     underpayment of tax or actions described in subsection 
     (a)(2), then the Whistleblower Office may appropriately 
     reduce such award. If such individual is convicted of 
     criminal conduct arising from the role described in the 
     preceding sentence, the Whistleblower Office shall deny any 
     award.
       ``(4) Appeal of award determination.--Any determination 
     regarding an award under paragraph (1), (2), or (3) may, 
     within 30 days of such determination, be appealed to the Tax 
     Court (and the Tax Court shall have jurisdiction with respect 
     to such matter).
       ``(5) Application of this subsection.--This subsection 
     shall apply with respect to any action--
       ``(A) against any taxpayer, but in the case of any 
     individual, only if such individual's gross income exceeds 
     $200,000 for any taxable year subject to such action, and
       ``(B) if the tax, penalties, interest, additions to tax, 
     and additional amounts in dispute exceed $2,000,000.
       ``(6) Additional rules.--
       ``(A) No contract necessary.--No contract with the Internal 
     Revenue Service is necessary for any individual to receive an 
     award under this subsection.
       ``(B) Representation.--Any individual described in 
     paragraph (1) or (2) may be represented by counsel.
       ``(C) Submission of information.--No award may be made 
     under this subsection based on information submitted to the 
     Secretary unless such information is submitted under penalty 
     of perjury.''.
       (2) Assignment to special trial judges.--
       (A) In general.--Section 7443A(b) (relating to proceedings 
     which may be assigned to special trial judges) is amended by 
     striking ``and'' at the end of paragraph (4), by 
     redesignating paragraph (5) as paragraph (6), and by 
     inserting after paragraph (4) the following new paragraph:
       ``(5) any proceeding under section 7623(b)(4), and''.
       (B) Conforming amendment.--Section 7443A(c) is amended by 
     striking ``or (4)'' and inserting ``(4), or (5)''.
       (3) Deduction allowed whether or not taxpayer itemizes.--
     Subsection (a) of section 62 (relating to general rule 
     defining adjusted gross income) is amended by inserting after 
     paragraph (20) the following new paragraph:
       ``(21) Attorneys fees relating to awards to 
     whistleblowers.--Any deduction allowable under this chapter 
     for attorney fees and court costs paid by, or on behalf of, 
     the taxpayer in connection with any award under section 
     7623(b) (relating to awards to whistleblowers). The preceding 
     sentence shall not apply to any deduction in excess of the 
     amount includible in the taxpayer's gross income for the 
     taxable year on account of such award.''.
       (b) Whistleblower Office.--
       (1) In general.--Not later than the date which is 12 months 
     after the date of the enactment of this Act, the Secretary of 
     the Treasury shall issue guidance for the operation of a 
     whistleblower program to be administered in the Internal 
     Revenue Service by an office to be known as the 
     ``Whistleblower Office'' which--
       (A) shall at all times operate at the direction of the 
     Commissioner of Internal Revenue and coordinate and consult 
     with other divisions in the Internal Revenue Service as 
     directed by the Commissioner of Internal Revenue,
       (B) shall analyze information received from any individual 
     described in section 7623(b) of the Internal Revenue Code of 
     1986 and either investigate the matter itself or assign it to 
     the appropriate Internal Revenue Service office, and
       (C) in its sole discretion, may ask for additional 
     assistance from such individual or any legal representative 
     of such individual.
       (2) Request for assistance.--The guidance issued under 
     paragraph (1) shall specify that any assistance requested 
     under paragraph (1)(C) shall be under the direction and 
     control of the Whistleblower Office or the office assigned to 
     investigate the matter under paragraph (1)(A). No individual 
     or legal representative whose assistance is so requested may 
     by reason of such request represent himself or herself as an 
     employee of the Federal Government.
       (c) Report by Secretary.--The Secretary of the Treasury 
     shall each year conduct a study and report to Congress on the 
     use of section 7623 of the Internal Revenue Code of 1986, 
     including--
       (1) an analysis of the use of such section during the 
     preceding year and the results of such use, and
       (2) any legislative or administrative recommendations 
     regarding the provisions of such section and its application.
       (d) Effective Date.--The amendments made by subsection (a) 
     shall apply to information provided on or after the date of 
     the enactment of this Act.

     SEC. 207. FRIVOLOUS TAX SUBMISSIONS.

       (a) Civil Penalties.--Section 6702 is amended to read as 
     follows:

     ``SEC. 6702. FRIVOLOUS TAX SUBMISSIONS.

       ``(a) Civil Penalty for Frivolous Tax Returns.--A person 
     shall pay a penalty of $5,000 if--
       ``(1) such person files what purports to be a return of a 
     tax imposed by this title but which--
       ``(A) does not contain information on which the substantial 
     correctness of the self-assessment may be judged, or
       ``(B) contains information that on its face indicates that 
     the self-assessment is substantially incorrect, and
       ``(2) the conduct referred to in paragraph (1)--
       ``(A) is based on a position which the Secretary has 
     identified as frivolous under subsection (c), or
       ``(B) reflects a desire to delay or impede the 
     administration of Federal tax laws.
       ``(b) Civil Penalty for Specified Frivolous Submissions.--
       ``(1) Imposition of penalty.--Except as provided in 
     paragraph (3), any person who submits a specified frivolous 
     submission shall pay a penalty of $5,000.
       ``(2) Specified frivolous submission.--For purposes of this 
     section--
       ``(A) Specified frivolous submission.--The term `specified 
     frivolous submission' means a specified submission if any 
     portion of such submission--
       ``(i) is based on a position which the Secretary has 
     identified as frivolous under subsection (c), or
       ``(ii) reflects a desire to delay or impede the 
     administration of Federal tax laws.
       ``(B) Specified submission.--The term `specified 
     submission' means--
       ``(i) a request for a hearing under--

       ``(I) section 6320 (relating to notice and opportunity for 
     hearing upon filing of notice of lien), or
       ``(II) section 6330 (relating to notice and opportunity for 
     hearing before levy), and

       ``(ii) an application under--

       ``(I) section 6159 (relating to agreements for payment of 
     tax liability in installments),
       ``(II) section 7122 (relating to compromises), or
       ``(III) section 7811 (relating to taxpayer assistance 
     orders).

       ``(3) Opportunity to withdraw submission.--If the Secretary 
     provides a person with notice that a submission is a 
     specified frivolous submission and such person withdraws such 
     submission within 30 days after such notice, the penalty 
     imposed under paragraph (1) shall not apply with respect to 
     such submission.
       ``(c) Listing of Frivolous Positions.--The Secretary shall 
     prescribe (and periodically revise) a list of positions which 
     the Secretary has identified as being frivolous for purposes 
     of this subsection. The Secretary shall not include in such 
     list any position that the Secretary determines meets the 
     requirement of section 6662(d)(2)(B)(ii)(II).
       ``(d) Reduction of Penalty.--The Secretary may reduce the 
     amount of any penalty imposed under this section if the 
     Secretary determines that such reduction would promote 
     compliance with and administration of the Federal tax laws.
       ``(e) Penalties in Addition to Other Penalties.--The 
     penalties imposed by this section shall be in addition to any 
     other penalty provided by law.''.
       (b) Treatment of Frivolous Requests for Hearings Before 
     Levy.--
       (1) Frivolous requests disregarded.--Section 6330 (relating 
     to notice and opportunity for hearing before levy) is amended 
     by adding at the end the following new subsection:
       ``(g) Frivolous Requests for Hearing, Etc.--Notwithstanding 
     any other provision of this section, if the Secretary 
     determines that any portion of a request for a hearing under 
     this section or section 6320 meets the requirement of clause 
     (i) or (ii) of section 6702(b)(2)(A), then the Secretary may 
     treat such portion as if it were never submitted and such 
     portion shall not be subject to any further administrative or 
     judicial review.''.
       (2) Preclusion from raising frivolous issues at hearing.--
     Section 6330(c)(4) is amended--
       (A) by striking ``(A)'' and inserting ``(A)(i)'';
       (B) by striking ``(B)'' and inserting ``(ii)'';
       (C) by striking the period at the end of the first sentence 
     and inserting ``; or''; and
       (D) by inserting after subparagraph (A)(ii) (as so 
     redesignated) the following:
       ``(B) the issue meets the requirement of clause (i) or (ii) 
     of section 6702(b)(2)(A).''.
       (3) Statement of grounds.--Section 6330(b)(1) is amended by 
     striking ``under subsection (a)(3)(B)'' and inserting ``in 
     writing under subsection (a)(3)(B) and states the grounds for 
     the requested hearing''.
       (c) Treatment of Frivolous Requests for Hearings Upon 
     Filing of Notice of Lien.--Section 6320 is amended--
       (1) in subsection (b)(1), by striking ``under subsection 
     (a)(3)(B)'' and inserting ``in writing under subsection 
     (a)(3)(B) and states the grounds for the requested hearing'', 
     and
       (2) in subsection (c), by striking ``and (e)'' and 
     inserting ``(e), and (g)''.
       (d) Treatment of Frivolous Applications for Offers-in-
     Compromise and Installment Agreements.--Section 7122 is 
     amended by adding at the end the following new subsection:

[[Page S9552]]

       ``(f) Frivolous Submissions, Etc.--Notwithstanding any 
     other provision of this section, if the Secretary determines 
     that any portion of an application for an offer-in-compromise 
     or installment agreement submitted under this section or 
     section 6159 meets the requirement of clause (i) or (ii) of 
     section 6702(b)(2)(A), then the Secretary may treat such 
     portion as if it were never submitted and such portion shall 
     not be subject to any further administrative or judicial 
     review.''.
       (e) Clerical Amendment.--The table of sections for part I 
     of subchapter B of chapter 68 is amended by striking the item 
     relating to section 6702 and inserting the following new 
     item:

``Sec. 6702. Frivolous tax submissions.''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to submissions made and issues raised after the 
     date on which the Secretary first prescribes a list under 
     section 6702(c) of the Internal Revenue Code of 1986, as 
     amended by subsection (a).

     SEC. 208. ADDITION OF MENINGOCOCCAL AND HUMAN PAPILLOMAVIRUS 
                   VACCINES TO LIST OF TAXABLE VACCINES.

       (a) Meningococcal Vaccine.--Section 4132(a)(1) (defining 
     taxable vaccine) is amended by adding at the end the 
     following new subparagraph:
       ``(O) Any meningococcal vaccine.''.
       (b) Human Papillomavirus Vaccine.--Section 4132(a)(1), as 
     amended by subsection (a), is amended by adding at the end 
     the following new subparagraph:
       ``(P) Any vaccine against the human papillomavirus.''.
       (c) Effective Date.--
       (1) Sales, etc.--The amendments made by this section shall 
     apply to sales and uses on or after the first day of the 
     first month which begins more than 4 weeks after the date of 
     the enactment of this Act.
       (2) Deliveries.--For purposes of paragraph (1) and section 
     4131 of the Internal Revenue Code of 1986, in the case of 
     sales on or before the effective date described in such 
     paragraph for which delivery is made after such date, the 
     delivery date shall be considered the sale date.

     SEC. 209. CLARIFICATION OF TAXATION OF CERTAIN SETTLEMENT 
                   FUNDS MADE PERMANENT.

       (a) In General.--Subsection (g) of section 468B, as amended 
     by section 201 of the Tax Increase Prevention and 
     Reconciliation Act of 2005, is amended by striking paragraph 
     (3).
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 201 of the Tax 
     Increase Prevention and Reconciliation Act of 2005.

     SEC. 210. MODIFICATION OF ACTIVE BUSINESS DEFINITION UNDER 
                   SECTION 355 MADE PERMANENT.

       (a) In General.--Subparagraphs (A) and (D) of section 
     355(b)(3), as amended by section 202 of the Tax Increase 
     Prevention and Reconciliation Act of 2005, are each amended 
     by striking ``and on or before December 31, 2010''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 202 of the Tax 
     Increase Prevention and Reconciliation Act of 2005.

     SEC. 211. REVISION OF STATE VETERANS LIMIT MADE PERMANENT.

       (a) In General.--Subparagraph (B) of section 143(l)(3), as 
     amended by section 203 of the Tax Increase Prevention and 
     Reconciliation Act of 2005, is amended by striking clause 
     (iv).
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 203 of the Tax 
     Increase Prevention and Reconciliation Act of 2005.

     SEC. 212. CAPITAL GAINS TREATMENT FOR CERTAIN SELF-CREATED 
                   MUSICAL WORKS MADE PERMANENT.

       (a) In General.--Paragraph (3) of section 1221(b), as 
     amended by section 204 of the Tax Increase Prevention and 
     Reconciliation Act of 2005, is amended by striking ``before 
     January 1, 2011,''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 204 of the Tax 
     Increase Prevention and Reconciliation Act of 2005.

     SEC. 213. REDUCTION IN MINIMUM VESSEL TONNAGE WHICH QUALIFIES 
                   FOR TONNAGE TAX MADE PERMANENT.

       (a) In General.--Paragraph (4) of section 1355(a), as 
     amended by section 205 of the Tax Increase Prevention and 
     Reconciliation Act of 2005, is amended by striking ``10,000 
     (6,000, in the case of taxable years beginning after December 
     31, 2005, and ending before January 1, 2011)'' and inserting 
     ``6,000''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 205 of the Tax 
     Increase Prevention and Reconciliation Act of 2005.

     SEC. 214. MODIFICATION OF SPECIAL ARBITRAGE RULE FOR CERTAIN 
                   FUNDS MADE PERMANENT.

       (a) In General.--Section 206 of the Tax Increase Prevention 
     and Reconciliation Act of 2005 is amended by striking ``and 
     before August 31, 2009''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 206 of the Tax 
     Increase Prevention and Reconciliation Act of 2005.

     SEC. 215. GREAT LAKES DOMESTIC SHIPPING TO NOT DISQUALIFY 
                   VESSEL FROM TONNAGE TAX.

       (a) In General.--Section 1355 (relating to definitions and 
     special rules) is amended by redesignating subsection (g) as 
     subsection (h) and by inserting after subsection (f) the 
     following new subsection:
       ``(g) Great Lakes Domestic Shipping to Not Disqualify 
     Vessel.--
       ``(1) In general.--If the electing corporation elects (at 
     such time and in such manner as the Secretary may require) to 
     apply this subsection for any taxable year to any qualifying 
     vessel which is used in qualified zone domestic trade during 
     the taxable year--
       ``(A) solely for purposes of subsection (a)(4), such use 
     shall be treated as use in United States foreign trade (and 
     not as use in United States domestic trade), and
       ``(B) subsection (f) shall not apply with respect to such 
     vessel for such taxable year.
       ``(2) Effect of temporarily operating vessel in united 
     states domestic trade.--In the case of a qualifying vessel to 
     which this subsection applies--
       ``(A) In general.--An electing corporation shall be treated 
     as using such vessel in qualified zone domestic trade during 
     any period of temporary use in the United States domestic 
     trade (other than qualified zone domestic trade) if the 
     electing corporation gives timely notice to the Secretary 
     stating--
       ``(i) that it temporarily operates or has operated in the 
     United States domestic trade (other than qualified zone 
     domestic trade) a qualifying vessel which had been used in 
     the United States foreign trade or qualified zone domestic 
     trade, and
       ``(ii) its intention to resume operation of the vessel in 
     the United States foreign trade or qualified zone domestic 
     trade.
       ``(B) Notice.--Notice shall be deemed timely if given not 
     later than the due date (including extensions) for the 
     corporation's tax return for the taxable year in which the 
     temporary cessation begins.
       ``(C) Period disregard in effect.--The period of temporary 
     use under subparagraph (A) continues until the earlier of the 
     date of which--
       ``(i) the electing corporation abandons its intention to 
     resume operations of the vessel in the United States foreign 
     trade or qualified zone domestic trade, or
       ``(ii) the electing corporation resumes operation of the 
     vessel in the United States foreign trade or qualified zone 
     domestic trade.
       ``(D) No disregard if domestic trade use exceeds 30 days.--
     Subparagraph (A) shall not apply to any qualifying vessel 
     which is operated in the United States domestic trade (other 
     than qualified zone domestic trade) for more than 30 days 
     during the taxable year.
       ``(3) Allocation of income and deductions to qualifying 
     shipping activities.--In the case of a qualifying vessel to 
     which this subsection applies, the Secretary shall prescribe 
     rules for the proper allocation of income, expenses, losses, 
     and deductions between the qualified shipping activities and 
     the other activities of such vessel.
       ``(4) Qualified zone domestic trade.--For purposes of this 
     subsection--
       ``(A) In general.--The term `qualified zone domestic trade' 
     means the transportation of goods or passengers between 
     places in the qualified zone if such transportation is in the 
     United States domestic trade.
       ``(B) Qualified zone.--The term `qualified zone' means the 
     Great Lakes Waterway and the St. Lawrence Seaway.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 216. USE OF QUALIFIED MORTGAGE BONDS TO FINANCE 
                   RESIDENCES FOR VETERANS WITHOUT REGARD TO 
                   FIRST-TIME HOMEBUYER REQUIREMENT.

       (a) In General.--Section 143(d)(2) (relating to exceptions 
     to 3-year requirement) is amended by striking ``and'' at the 
     end of subparagraph (B), by adding ``and'' at the end of 
     subparagraph (C), and by inserting after subparagraph (C) the 
     following new subparagraph:
       ``(D) in the case of bonds issued after the date of the 
     enactment of this subparagraph and before January 1, 2008, 
     financing of any residence for a veteran (as defined in 
     section 101 of title 38, United States Code), if such veteran 
     has not previously qualified for and received such financing 
     by reason of this subparagraph,''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after the date of the enactment 
     of this Act.

     SEC. 217. EXCLUSION OF GAIN FROM SALE OF A PRINCIPAL 
                   RESIDENCE BY CERTAIN EMPLOYEES OF THE 
                   INTELLIGENCE COMMUNITY.

       (a) In General.--Subparagraph (A) of section 121(d)(9) 
     (relating to exclusion of gain from sale of principal 
     residence) is amended by striking ``duty'' and all that 
     follows and inserting ``duty--
       ``(i) as a member of the uniformed services,
       ``(ii) as a member of the Foreign Service of the United 
     States, or
       ``(iii) as an employee of the intelligence community.''.
       (b) Employee of Intelligence Community Defined.--
     Subparagraph (C) of section 121(d)(9) is amended by 
     redesignating clause (iv) as clause (v) and by inserting 
     after clause (iii) the following new clause:
       ``(iv) Employee of intelligence community.--The term 
     `employee of the intelligence community' means an employee 
     (as defined by section 2105 of title 5, United States Code) 
     of--

       ``(I) the Office of the Director of National Intelligence,
       ``(II) the Central Intelligence Agency,
       ``(III) the National Security Agency,
       ``(IV) the Defense Intelligence Agency,
       ``(V) the National Geospatial-Intelligence Agency,
       ``(VI) the National Reconnaissance Office,

[[Page S9553]]

       ``(VII) any other office within the Department of Defense 
     for the collection of specialized national intelligence 
     through reconnaissance programs,
       ``(VIII) any of the intelligence elements of the Army, the 
     Navy, the Air Force, the Marine Corps, the Federal Bureau of 
     Investigation, the Department of Treasury, the Department of 
     Energy, and the Coast Guard,
       ``(IX) the Bureau of Intelligence and Research of the 
     Department of State, or
       ``(X) any of the elements of the Department of Homeland 
     Security concerned with the analyses of foreign intelligence 
     information.''.

       (c) Special Rule.--Subparagraph (C) of section 121(d)(9), 
     as amended by subsection (b), is amended by adding at the end 
     the following new clause:
       ``(vi) Special rule relating to intelligence community.--An 
     employee of the intelligence community shall not be treated 
     as serving on qualified extended duty unless such duty is at 
     a duty station located outside the United States.''.
       (d) Conforming Amendment.--The heading for section 
     121(d)(9) is amended to read as follows: ``Uniformed 
     services, foreign service, and intelligence community''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to sales or exchanges after the date of the 
     enactment of this Act and before January 1, 2011.

     SEC. 218. TREATMENT OF COKE AND COKE GAS.

       (a) Nonapplication of Phaseout.--Section 45K(g)(2) is 
     amended by adding at the end the following new subparagraph:
       ``(D) Nonapplication of phaseout.--Subsection (b)(1) shall 
     not apply.''.
       (b) Clarification of Qualifying Facility.--Section 
     45K(g)(1) is amended by inserting ``(other than from 
     petroleum based products)'' after ``coke or coke gas''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 1321 of the 
     Energy Policy Act of 2005.

     SEC. 219. SALE OF PROPERTY BY JUDICIAL OFFICERS.

       (a) In General.--Section 1043(b) (relating to the sale of 
     property to comply with conflict-of-interest requirements) is 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by inserting ``, or a judicial 
     officer,'' after ``an officer or employee of the executive 
     branch''; and
       (B) in subparagraph (B), by inserting ``judicial canon,'' 
     after ``any statute, regulation, rule,'';
       (2) in paragraph (2)--
       (A) in subparagraph (A), by inserting ``judicial canon,'' 
     after ``any Federal conflict of interest statute, regulation, 
     rule,''; and
       (B) in subparagraph (B), by inserting after ``the Director 
     of the Office of Government Ethics,'' the following: ``in the 
     case of executive branch officers or employees, or by the 
     Judicial Conference of the United States (or its designee), 
     in the case of judicial officers,''; and
       (3) in paragraph (5)(B), by inserting ``judicial canon,'' 
     after ``any statute, regulation, rule,''.
       (b) Judicial Officer Defined.--Section 1043(b) is amended 
     by adding at the end the following new paragraph:
       ``(6) Judicial officer.--The term `judicial officer' means 
     the Chief Justice of the United States, the Associate 
     Justices of the Supreme Court, and the judges of the United 
     States courts of appeals, United States district courts, 
     including the district courts in Guam, the Northern Mariana 
     Islands, and the Virgin Islands, Court of Appeals for the 
     Federal Circuit, Court of International Trade, Tax Court, 
     Court of Federal Claims, Court of Appeals for Veterans 
     Claims, United States Court of Appeals for the Armed Forces, 
     and any court created by Act of Congress, the judges of which 
     are entitled to hold office during good behavior.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to sales after the date of enactment of this Act.

     SEC. 220. PREMIUMS FOR MORTGAGE INSURANCE.

       (a) In General.--Section 163(h)(3) (relating to qualified 
     residence interest) is amended by adding at the end the 
     following new subparagraph:
       ``(E) Mortgage insurance premiums treated as interest.--
       ``(i) In general.--Premiums paid or accrued for qualified 
     mortgage insurance by a taxpayer during the taxable year in 
     connection with acquisition indebtedness with respect to a 
     qualified residence of the taxpayer shall be treated for 
     purposes of this section as interest which is qualified 
     residence interest.
       ``(ii) Phaseout.--The amount otherwise treated as interest 
     under clause (i) shall be reduced (but not below zero) by 10 
     percent of such amount for each $1,000 ($500 in the case of a 
     married individual filing a separate return) (or fraction 
     thereof) that the taxpayer's adjusted gross income for the 
     taxable year exceeds $100,000 ($50,000 in the case of a 
     married individual filing a separate return).
       ``(iii) Limitation.--Clause (i) shall not apply with 
     respect to any mortgage insurance contracts issued before 
     January 1, 2007.
       ``(iv) Termination.--Clause (i) shall not apply to 
     amounts--

       ``(I) paid or accrued after December 31, 2007, or
       ``(II) properly allocable to any period after such date.''.

       (b) Definition and Special Rules.--Section 163(h)(4) 
     (relating to other definitions and special rules) is amended 
     by adding at the end the following new subparagraphs:
       ``(E) Qualified mortgage insurance.--The term `qualified 
     mortgage insurance' means--
       ``(i) mortgage insurance provided by the Veterans 
     Administration, the Federal Housing Administration, or the 
     Rural Housing Administration, and
       ``(ii) private mortgage insurance (as defined by section 2 
     of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as 
     in effect on the date of the enactment of this subparagraph).
       ``(F) Special rules for prepaid qualified mortgage 
     insurance.--Any amount paid by the taxpayer for qualified 
     mortgage insurance that is properly allocable to any mortgage 
     the payment of which extends to periods that are after the 
     close of the taxable year in which such amount is paid shall 
     be chargeable to capital account and shall be treated as paid 
     in such periods to which so allocated. No deduction shall be 
     allowed for the unamortized balance of such account if such 
     mortgage is satisfied before the end of its term. The 
     preceding sentences shall not apply to amounts paid for 
     qualified mortgage insurance provided by the Veterans 
     Administration or the Rural Housing Administration.''.
       (c) Information Returns Relating to Mortgage Insurance.--
     Section 6050H (relating to returns relating to mortgage 
     interest received in trade or business from individuals) is 
     amended by adding at the end the following new subsection:
       ``(h) Returns Relating to Mortgage Insurance Premiums.--
       ``(1) In general.--The Secretary may prescribe, by 
     regulations, that any person who, in the course of a trade or 
     business, receives from any individual premiums for mortgage 
     insurance aggregating $600 or more for any calendar year, 
     shall make a return with respect to each such individual. 
     Such return shall be in such form, shall be made at such 
     time, and shall contain such information as the Secretary may 
     prescribe.
       ``(2) Statement to be furnished to individuals with respect 
     to whom information is required.--Every person required to 
     make a return under paragraph (1) shall furnish to each 
     individual with respect to whom a return is made a written 
     statement showing such information as the Secretary may 
     prescribe. Such written statement shall be furnished on or 
     before January 31 of the year following the calendar year for 
     which the return under paragraph (1) was required to be made.
       ``(3) Special rules.--For purposes of this subsection--
       ``(A) rules similar to the rules of subsection (c) shall 
     apply, and
       ``(B) the term `mortgage insurance' means--
       ``(i) mortgage insurance provided by the Veterans 
     Administration, the Federal Housing Administration, or the 
     Rural Housing Administration, and
       ``(ii) private mortgage insurance (as defined by section 2 
     of the Homeowners Protection Act of 1998 (12 U.S.C. 4901), as 
     in effect on the date of the enactment of this 
     subsection).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2006.

     SEC. 221. MODIFICATION OF REFUNDS FOR KEROSENE USED IN 
                   AVIATION.

       (a) In General.--Paragraph (4) of section 6427(l) (relating 
     to nontaxable uses of diesel fuel and kerosene) is amended to 
     read as follows:
       ``(4) Refunds for kerosene used in aviation.--
       ``(A) Kerosene used in commercial aviation.--In the case of 
     kerosene used in commercial aviation (as defined in section 
     4083(b)) (other than supplies for vessels or aircraft within 
     the meaning of section 4221(d)(3)), paragraph (1) shall not 
     apply to so much of the tax imposed by section 4041 or 4081, 
     as the case may be, as is attributable to--
       ``(i) the Leaking Underground Storage Tank Trust Fund 
     financing rate imposed by such section, and
       ``(ii) so much of the rate of tax specified in section 
     4041(c) or 4081(a)(2)(A)(iii), as the case may be, as does 
     not exceed 4.3 cents per gallon.
       ``(B) Kerosene used in noncommercial aviation.--In the case 
     of kerosene used in aviation that is not commercial aviation 
     (as so defined) (other than any use which is exempt from the 
     tax imposed by section 4041(c) other than by reason of a 
     prior imposition of tax), paragraph (1) shall not apply to--
       ``(i) any tax imposed by section 4041(c), and
       ``(ii) so much of the tax imposed by section 4081 as is 
     attributable to--

       ``(I) the Leaking Underground Storage Tank Trust Fund 
     financing rate imposed by such section, and
       ``(II) so much of the rate of tax specified in section 
     4081(a)(2)(A)(iii) as does not exceed the rate specified in 
     section 4081(a)(2)(C)(ii).

       ``(C) Payments to ultimate, registered vendor.--
       ``(i) In general.--With respect to any kerosene used in 
     aviation (other than kerosene described in clause (ii) or 
     kerosene to which paragraph (5) applies), if the ultimate 
     purchaser of such kerosene waives (at such time and in such 
     form and manner as the Secretary shall prescribe) the right 
     to payment under paragraph (1) and assigns such right to the 
     ultimate vendor, then the Secretary shall pay the amount 
     which would be paid under paragraph (1) to such ultimate 
     vendor, but only if such ultimate vendor--

       ``(I) is registered under section 4101, and

[[Page S9554]]

       ``(II) meets the requirements of subparagraph (A), (B), or 
     (D) of section 6416(a)(1).

       ``(ii) Payments for kerosene used in noncommercial 
     aviation.--The amount which would be paid under paragraph (1) 
     with respect to any kerosene to which subparagraph (B) 
     applies shall be paid only to the ultimate vendor of such 
     kerosene. A payment shall be made to such vendor if such 
     vendor--

       ``(I) is registered under section 4101, and
       ``(II) meets the requirements of subparagraph (A), (B), or 
     (D) of section 6416(a)(1).''.

       (b) Conforming Amendments.--
       (1) Section 6427(l) is amended by striking paragraph (5) 
     and by redesignating paragraph (6) as paragraph (5).
       (2) Section 4082(d)(2)(B) is amended by striking ``section 
     6427(l)(6)(B)'' and inserting ``section 6427(l)(5)(B)''.
       (3) Section 6427(i)(4)(A) is amended--
       (A) by striking ``paragraph (4)(B), (5), or (6)'' each 
     place it appears and inserting ``paragraph (4)(C) or (5)'', 
     and
       (B) by striking ``(l)(5), and (l)(6)'' and inserting 
     ``(l)(4)(C)(ii), and (l)(5)''.
       (4) Section 6427(l)(1) is amended by striking ``paragraph 
     (4)(B)'' and inserting ``paragraph (4)(C)(i)''.
       (5) Section 9502(d) is amended--
       (A) in paragraph (2), by striking ``and (l)(5)'', and
       (B) in paragraph (3), by striking ``or (5)''.
       (6) Section 9503(c)(7) is amended--
       (A) by amending subparagraphs (A) and (B) to read as 
     follows:
       ``(A) 4.3 cents per gallon of kerosene subject to section 
     6427(l)(4)(A) with respect to which a payment has been made 
     by the Secretary under section 6427(l), and
       ``(B) 21.8 cents per gallon of kerosene subject to section 
     6427(l)(4)(B) with respect to which a payment has been made 
     by the Secretary under section 6427(l).'', and
       (B) in the matter following subparagraph (B), by striking 
     ``or (5)''.
       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to kerosene sold after September 30, 2005.
       (2) Special rule for pending claims.--In the case of 
     kerosene sold for use in aviation (other than kerosene to 
     which section 6427(l)(4)(C)(ii) of the Internal Revenue Code 
     of 1986 (as added by subsection (a)) applies or kerosene to 
     which section 6427(l)(5) of such Code (as redesignated by 
     subsection (b)) applies) after September 30, 2005, and before 
     the date of the enactment of this Act, the ultimate purchaser 
     shall be treated as having waived the right to payment under 
     section 6427(l)(1) of such Code and as having assigned such 
     right to the ultimate vendor if such ultimate vendor has met 
     the requirements of subparagraph (A), (B), or (D) of section 
     6416(a)(1) of such Code.
       (d) Special Rule for Kerosene Used in Aviation on a Farm 
     for Farming Purposes.--
       (1) Refunds for purchases after december 31, 2004, and 
     before october 1, 2005.--The Secretary of the Treasury shall 
     pay to the ultimate purchaser of any kerosene which is used 
     in aviation on a farm for farming purposes and which was 
     purchased after December 31, 2004, and before October 1, 
     2005, an amount equal to the aggregate amount of tax imposed 
     on such fuel under section 4041 or 4081 of the Internal 
     Revenue Code of 1986, as the case may be, reduced by any 
     payment to the ultimate vendor under section 6427(l)(5)(C) of 
     such Code (as in effect on the day before the date of the 
     enactment of the Safe, Accountable, Flexible, Efficient 
     Transportation Equity Act: a Legacy for Users).
       (2) Use on a farm for farming purposes.--For purposes of 
     paragraph (1), kerosene shall be treated as used on a farm 
     for farming purposes if such kerosene is used for farming 
     purposes (within the meaning of section 6420(c)(3) of the 
     Internal Revenue Code of 1986) in carrying on a trade or 
     business on a farm situated in the United States. For 
     purposes of the preceding sentence, rules similar to the 
     rules of section 6420(c)(4) of such Code shall apply.
       (3) Time for filing claims.--No claim shall be allowed 
     under paragraph (1) unless the ultimate purchaser files such 
     claim before the date that is 3 months after the date of the 
     enactment of this Act.
       (4) No double benefit.--No amount shall be paid under 
     paragraph (1) or section 6427(l) of the Internal Revenue Code 
     of 1986 with respect to any kerosene described in paragraph 
     (1) to the extent that such amount is in excess of the tax 
     imposed on such kerosene under section 4041 or 4081 of such 
     Code, as the case may be.
       (5) Applicable laws.--For purposes of this subsection, 
     rules similar to the rules of section 6427(j) of the Internal 
     Revenue Code of 1986 shall apply.

     SEC. 222. DEDUCTION FOR QUALIFIED TIMBER GAIN.

       (a) In General.--Part I of subchapter P of chapter 1 is 
     amended by adding at the end the following new section:

     ``SEC. 1203. DEDUCTION FOR QUALIFIED TIMBER GAIN.

       ``(a) In General.--In the case of a taxpayer which elects 
     the application of this section for a taxable year, there 
     shall be allowed a deduction against gross income equal to 60 
     percent of the lesser of--
       ``(1) the taxpayer's qualified timber gain for such year, 
     or
       ``(2) the taxpayer's net capital gain for such year.
       ``(b) Qualified Timber Gain.--For purposes of this section, 
     the term `qualified timber gain' means, with respect to any 
     taxpayer for any taxable year, the excess (if any) of--
       ``(1) the sum of the taxpayer's gains described in 
     subsections (a) and (b) of section 631 for such year, over
       ``(2) the sum of the taxpayer's losses described in such 
     subsections for such year.
       ``(c) Special Rules for Pass-Thru Entities.--In the case of 
     any qualified timber gain of a pass-thru entity (as defined 
     in section 1(h)(10))--
       ``(1) the election under this section shall be made 
     separately by each taxpayer subject to tax on such gain, and
       ``(2) the Secretary may prescribe such regulations as are 
     appropriate to apply this section to such gain.
       ``(d) Termination.--No disposition of timber after December 
     31, 2007, shall be taken into account under subsection 
     (b).''.
       (b) Coordination With Maximum Capital Gains Rates.--
       (1) Taxpayers other than corporations.--Paragraph (2) of 
     section 1(h) is amended to read as follows:
       ``(2) Reduction of net capital gain.--For purposes of this 
     subsection, the net capital gain for any taxable year shall 
     be reduced (but not below zero) by the sum of--
       ``(A) the amount which the taxpayer takes into account as 
     investment income under section 163(d)(4)(B)(iii), and
       ``(B) in the case of a taxable year with respect to which 
     an election is in effect under section 1203, the lesser of--
       ``(i) the amount described in paragraph (1) of section 
     1203(a), or
       ``(ii) the amount described in paragraph (2) of such 
     section.''.
       (2) Corporations.--Section 1201 is amended by redesignating 
     subsection (b) as subsection (c) and inserting after 
     subsection (a) the following new subsection:
       ``(b) Qualified Timber Gain Not Taken Into Account.--For 
     purposes of this section, in the case of a corporation with 
     respect to which an election is in effect under section 1203, 
     the net capital gain for any taxable year shall be reduced 
     (but not below zero) by the corporation's qualified timber 
     gain (as defined in section 1203(b)).''.
       (c) Deduction Allowed Whether or Not Individual Itemizes 
     Other Deductions.--Subsection (a) of section 62, as amended 
     by this Act, is amended by inserting before the last sentence 
     the following new paragraph:
       ``(22) Qualified timber gains.--The deduction allowed by 
     section 1203.''.
       (d) Deduction Allowed in Computing Adjusted Current 
     Earnings.--Subparagraph (C) of section 56(g)(4) is amended by 
     adding at the end the following new clause:
       ``(vii) Deduction for qualified timber gain.--Clause (i) 
     shall not apply to any deduction allowed under section 
     1203.''.
       (e) Deduction Allowed in Computing Taxable Income of 
     Electing Small Business Trusts.--Subparagraph (C) of section 
     641(c)(2) is amended by inserting after clause (iii) the 
     following new clause:
       ``(iv) The deduction allowed under section 1203.''.
       (f) Conforming Amendments.--
       (1) Subparagraph (B) of section 172(d)(2) is amended to 
     read as follows:
       ``(B) the exclusion under section 1202 and the deduction 
     under section 1203 shall not be allowed.''.
       (2) Paragraph (4) of section 642(c) is amended by striking 
     the first sentence and inserting the following: ``To the 
     extent that the amount otherwise allowable as a deduction 
     under this subsection consists of gain described in section 
     1202(a) or qualified timber gain (as defined in section 
     1203(b)), proper adjustment shall be made for any exclusion 
     allowable to the estate or trust under section 1202 and for 
     any deduction allowable to the estate or trust under section 
     1203.''.
       (3) Paragraph (3) of section 643(a) is amended by striking 
     the last sentence and inserting the following: ``The 
     exclusion under section 1202 and the deduction under section 
     1203 shall not be taken into account.''.
       (4) Subparagraph (C) of section 643(a)(6) is amended to 
     read as follows:
       ``(C) Paragraph (3) shall not apply to a foreign trust. In 
     the case of such a trust--
       ``(i) there shall be included gains from the sale or 
     exchange of capital assets, reduced by losses from such sales 
     or exchanges to the extent such losses do not exceed gains 
     from such sales or exchanges, and
       ``(ii) the deduction under section 1203 shall not be taken 
     into account.''.
       (5) Paragraph (4) of section 691(c) is amended by inserting 
     ``1203,'' after ``1202,''.
       (6) Paragraph (2) of section 871(a) is amended by striking 
     ``section 1202'' and inserting ``sections 1202 and 1203''.
       (7) The table of sections for part I of subchapter P of 
     chapter 1 is amended by adding at the end the following new 
     item:

``Sec. 1203. Deduction for qualified timber gain.''.
       (g) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     apply to taxable years ending after the date of the enactment 
     of this Act.
       (2) Taxable years which include date of enactment.--In the 
     case of any taxable year which includes the date of the 
     enactment of this Act, for purposes of the Internal Revenue 
     Code of 1986, the taxpayer's qualified timber gain shall not 
     exceed the excess that would be described in section 1203(b) 
     of such Code, as added by this section, if only dispositions 
     of timber after such date were taken into account.

[[Page S9555]]

     SEC. 223. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.

       (a) In General.--Subpart H of part IV of subchapter A of 
     chapter 1 (relating to credits against tax) is amended by 
     adding at the end the following new section:

     ``SEC. 54A. CREDIT TO HOLDERS OF RURAL RENAISSANCE BONDS.

       ``(a) Allowance of Credit.--In the case of a taxpayer who 
     holds a rural renaissance bond on a credit allowance date of 
     such bond, which occurs during the taxable year, there shall 
     be allowed as a credit against the tax imposed by this 
     chapter for such taxable year an amount equal to the sum of 
     the credits determined under subsection (b) with respect to 
     credit allowance dates during such year on which the taxpayer 
     holds such bond.
       ``(b) Amount of Credit.--
       ``(1) In general.--The amount of the credit determined 
     under this subsection with respect to any credit allowance 
     date for a rural renaissance bond is 25 percent of the annual 
     credit determined with respect to such bond.
       ``(2) Annual credit.--The annual credit determined with 
     respect to any rural renaissance bond is the product of--
       ``(A) the credit rate determined by the Secretary under 
     paragraph (3) for the day on which such bond was sold, 
     multiplied by
       ``(B) the outstanding face amount of the bond.
       ``(3) Determination.--For purposes of paragraph (2), with 
     respect to any rural renaissance bond, the Secretary shall 
     determine daily or caused to be determined daily a credit 
     rate which shall apply to the first day on which there is a 
     binding, written contract for the sale or exchange of the 
     bond. The credit rate for any day is the credit rate which 
     the Secretary or the Secretary's designee estimates will 
     permit the issuance of rural renaissance bonds with a 
     specified maturity or redemption date without discount and 
     without interest cost to the qualified issuer.
       ``(4) Credit allowance date.--For purposes of this section, 
     the term `credit allowance date' means--
       ``(A) March 15,
       ``(B) June 15,
       ``(C) September 15, and
       ``(D) December 15.
     Such term also includes the last day on which the bond is 
     outstanding.
       ``(5) Special rule for issuance and redemption.--In the 
     case of a bond which is issued during the 3-month period 
     ending on a credit allowance date, the amount of the credit 
     determined under this subsection with respect to such credit 
     allowance date shall be a ratable portion of the credit 
     otherwise determined based on the portion of the 3-month 
     period during which the bond is outstanding. A similar rule 
     shall apply when the bond is redeemed or matures.
       ``(c) Limitation Based on Amount of Tax.--The credit 
     allowed under subsection (a) for any taxable year shall not 
     exceed the excess of--
       ``(1) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(2) the sum of the credits allowable under this part 
     (other than subpart C and this section).
       ``(d) Rural Renaissance Bond.--For purposes of this 
     section--
       ``(1) In general.--The term `rural renaissance bond' means 
     any bond issued as part of an issue if--
       ``(A) the bond is issued by a qualified issuer,
       ``(B) 95 percent or more of the proceeds from the sale of 
     such issue are to be used for capital expenditures incurred 
     for 1 or more qualified projects,
       ``(C) the qualified issuer designates such bond for 
     purposes of this section and the bond is in registered form, 
     and
       ``(D) the issue meets the requirements of subsections (e) 
     and (h).
       ``(2) Qualified project; special use rules.--
       ``(A) In general.--The term `qualified project' means 1 or 
     more projects described in subparagraph (B) located in a 
     rural area.
       ``(B) Projects described.--A project described in this 
     subparagraph is--
       ``(i) a water or waste treatment project,
       ``(ii) an affordable housing project,
       ``(iii) a community facility project, including hospitals, 
     fire and police stations, and nursing and assisted-living 
     facilities,
       ``(iv) a value-added agriculture or renewable energy 
     facility project for agricultural producers or farmer-owned 
     entities, including any project to promote the production, 
     processing, or retail sale of ethanol (including fuel at 
     least 85 percent of the volume of which consists of ethanol), 
     biodiesel, animal waste, biomass, raw commodities, or wind as 
     a fuel,
       ``(v) a distance learning or telemedicine project,
       ``(vi) a rural utility infrastructure project, including 
     any electric or telephone system,
       ``(vii) a project to expand broadband technology,
       ``(viii) a rural teleworks project, and
       ``(ix) any project described in any preceding clause 
     carried out by the Delta Regional Authority.
       ``(C) Special rules.--For purposes of this paragraph--
       ``(i) any project described in subparagraph (B)(iv) for a 
     farmer-owned entity may be considered a qualified project if 
     such entity is located in a rural area, or in the case of a 
     farmer-owned entity the headquarters of which are located in 
     a nonrural area, if the project is located in a rural area, 
     and
       ``(ii) any project for a farmer-owned entity which is a 
     facility described in subparagraph (B)(iv) for agricultural 
     producers may be considered a qualified project regardless of 
     whether the facility is located in a rural or nonrural area.
       ``(3) Special use rules.--
       ``(A) Refinancing rules.--For purposes of paragraph (1)(B), 
     a qualified project may be refinanced with proceeds of a 
     rural renaissance bond only if the indebtedness being 
     refinanced (including any obligation directly or indirectly 
     refinanced by such indebtedness) was originally incurred 
     after the date of the enactment of this section.
       ``(B) Reimbursement.--For purposes of paragraph (1)(B), a 
     rural renaissance bond may be issued to reimburse a borrower 
     for amounts paid after the date of the enactment of this 
     section with respect to a qualified project, but only if--
       ``(i) prior to the payment of the original expenditure, the 
     borrower declared its intent to reimburse such expenditure 
     with the proceeds of a rural renaissance bond,
       ``(ii) not later than 60 days after payment of the original 
     expenditure, the qualified issuer adopts an official intent 
     to reimburse the original expenditure with such proceeds, and
       ``(iii) the reimbursement is made not later than 18 months 
     after the date the original expenditure is paid.
       ``(C) Treatment of changes in use.--For purposes of 
     paragraph (1)(B), the proceeds of an issue shall not be 
     treated as used for a qualified project to the extent that a 
     borrower takes any action within its control which causes 
     such proceeds not to be used for a qualified project. The 
     Secretary shall prescribe regulations specifying remedial 
     actions that may be taken (including conditions to taking 
     such remedial actions) to prevent an action described in the 
     preceding sentence from causing a bond to fail to be a rural 
     renaissance bond.
       ``(e) Maturity Limitations.--
       ``(1) Duration of term.--A bond shall not be treated as a 
     rural renaissance bond if the maturity of such bond exceeds 
     the maximum term determined by the Secretary under paragraph 
     (2) with respect to such bond.
       ``(2) Maximum term.--During each calendar month, the 
     Secretary shall determine the maximum term permitted under 
     this paragraph for bonds issued during the following calendar 
     month. Such maximum term shall be the term which the 
     Secretary estimates will result in the present value of the 
     obligation to repay the principal on the bond being equal to 
     50 percent of the face amount of such bond. Such present 
     value shall be determined without regard to the requirements 
     of paragraph (3) and using as a discount rate the average 
     annual interest rate of tax-exempt obligations having a term 
     of 10 years or more which are issued during the month. If the 
     term as so determined is not a multiple of a whole year, such 
     term shall be rounded to the next highest whole year.
       ``(3) Ratable principal amortization required.--A bond 
     shall not be treated as a rural renaissance bond unless it is 
     part of an issue which provides for an equal amount of 
     principal to be paid by the qualified issuer during each 
     calendar year that the issue is outstanding.
       ``(f) Limitation on Amount of Bonds Designated.--
       ``(1) National limitation.--There is a rural renaissance 
     bond limitation of $200,000,000.
       ``(2) Allocation by secretary.--The Secretary shall 
     allocate the amount described in paragraph (1) among 
     qualified projects in such manner as the Secretary determines 
     appropriate.
       ``(g) Credit Included in Gross Income.--Gross income 
     includes the amount of the credit allowed to the taxpayer 
     under this section (determined without regard to subsection 
     (c)) and the amount so included shall be treated as interest 
     income.
       ``(h) Special Rules Relating to Expenditures.--
       ``(1) In general.--An issue shall be treated as meeting the 
     requirements of this subsection if, as of the date of 
     issuance, the qualified issuer reasonably expects--
       ``(A) at least 95 percent of the proceeds from the sale of 
     the issue are to be spent for 1 or more qualified projects 
     within the 5-year period beginning on the date of issuance of 
     the rural renaissance bond,
       ``(B) a binding commitment with a third party to spend at 
     least 10 percent of the proceeds from the sale of the issue 
     will be incurred within the 6-month period beginning on the 
     date of issuance of the rural renaissance bond or, in the 
     case of a rural renaissance bond, the proceeds of which are 
     to be loaned to 2 or more borrowers, such binding commitment 
     will be incurred within the 6-month period beginning on the 
     date of the loan of such proceeds to a borrower, and
       ``(C) such projects will be completed with due diligence 
     and the proceeds from the sale of the issue will be spent 
     with due diligence.
       ``(2) Extension of period.--Upon submission of a request 
     prior to the expiration of the period described in paragraph 
     (1)(A), the Secretary may extend such period if the qualified 
     issuer establishes that the failure to satisfy the 5-year 
     requirement is due to reasonable cause and the related 
     projects will continue to proceed with due diligence.
       ``(3) Failure to spend required amount of bond proceeds 
     within 5 years.--To the extent that less than 95 percent of 
     the proceeds of such issue are expended by the close of the 
     5-year period beginning on the date of

[[Page S9556]]

     issuance (or if an extension has been obtained under 
     paragraph (2), by the close of the extended period), the 
     qualified issuer shall redeem all of the nonqualified bonds 
     within 90 days after the end of such period. For purposes of 
     this paragraph, the amount of the nonqualified bonds required 
     to be redeemed shall be determined in the same manner as 
     under section 142.
       ``(i) Special Rules Relating to Arbitrage.--A bond which is 
     part of an issue shall not be treated as a rural renaissance 
     bond unless, with respect to the issue of which the bond is a 
     part, the qualified issuer satisfies the arbitrage 
     requirements of section 148 with respect to proceeds of the 
     issue.
       ``(j) Qualified Issuer.--For purposes of this section--
       ``(1) In general.--The term `qualified issuer' means any 
     not-for-profit cooperative lender which has as of the date of 
     the enactment of this section received a guarantee under 
     section 306 of the Rural Electrification Act and which meets 
     the requirement of paragraph (2).
       ``(2) User fee requirement.--The requirement of this 
     paragraph is met if the issuer of any rural renaissance bond 
     makes grants for qualified projects as defined under 
     subsection (d)(2) on a semi-annual basis every year that such 
     bond is outstanding in an annual amount equal to one-half of 
     the rate on United States Treasury Bills of the same maturity 
     multiplied by the outstanding principal balance of rural 
     renaissance bonds issued by such issuer.
       ``(k) Special Rules Relating to Pool Bonds.--No portion of 
     a pooled financing bond may be allocable to a loan unless the 
     borrower has entered into a written loan commitment for such 
     portion prior to the issue date of such issue.
       ``(l) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Bond.--The term `bond' includes any obligation.
       ``(2) Pooled financing bond.--The term `pooled financing 
     bond' shall have the meaning given such term by section 
     149(f)(4)(A).
       ``(3) Rural area.--The term `rural area' means any area 
     other than--
       ``(A) a city or town which has a population of greater than 
     50,000 inhabitants, or
       ``(B) the urbanized area contiguous and adjacent to such a 
     city or town.
       ``(4) Partnership; s corporation; and other pass-thru 
     entities.--
       ``(A) In general.--Under regulations prescribed by the 
     Secretary, in the case of a partnership, trust, S 
     corporation, or other pass-thru entity, rules similar to the 
     rules of section 41(g) shall apply with respect to the credit 
     allowable under subsection (a).
       ``(B) No basis adjustment.--In the case of a bond held by a 
     partnership or an S corporation, rules similar to the rules 
     under section 1397E(l) shall apply.
       ``(5) Bonds held by regulated investment companies.--If any 
     rural renaissance bond is held by a regulated investment 
     company, the credit determined under subsection (a) shall be 
     allowed to shareholders of such company under procedures 
     prescribed by the Secretary.
       ``(6) Reporting.--Issuers of rural renaissance bonds shall 
     submit reports similar to the reports required under section 
     149(e).''.
       (b) Reporting.--Subsection (d) of section 6049 (relating to 
     returns regarding payments of interest) is amended by adding 
     at the end the following new paragraph:
       ``(9) Reporting of credit on rural renaissance bonds.--
       ``(A) In general.--For purposes of subsection (a), the term 
     `interest' includes amounts includible in gross income under 
     section 54A(f) and such amounts shall be treated as paid on 
     the credit allowance date (as defined in section 54A(b)(4)).
       ``(B) Reporting to corporations, etc.--Except as otherwise 
     provided in regulations, in the case of any interest 
     described in subparagraph (A), subsection (b)(4) shall be 
     applied without regard to subparagraphs (A), (H), (I), (J), 
     (K), and (L)(i) of such subsection.
       ``(C) Regulatory authority.--The Secretary may prescribe 
     such regulations as are necessary or appropriate to carry out 
     the purposes of this paragraph, including regulations which 
     require more frequent or more detailed reporting.''.
       (c) Conforming Amendments.--
       (1) The table of sections for subpart H of part IV of 
     subchapter A of chapter 1 is amended by adding at the end the 
     following new item:

  ``Sec. 54A. Credit to holders of rural renaissance bonds.''.

       (2) Section 54(c)(2) is amended by inserting ``, section 
     54A,'' after ``subpart C''.
       (3) Section 1400N(l)(3)(B) is amended by inserting ``, 
     section 54A,'' after ``subpart C''.
       (d) Issuance of Regulations.--The Secretary of Treasury 
     shall issue regulations required under section 54A of the 
     Internal Revenue Code of 1986 (as added by this section) not 
     later than 120 days after the date of the enactment of this 
     Act.
       (e) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after the date of the enactment 
     of this Act and before January 1, 2010.

     SEC. 224. RESTORATION OF DEDUCTION FOR TRAVEL EXPENSES OF 
                   SPOUSE, ETC. ACCOMPANYING TAXPAYER ON BUSINESS 
                   TRAVEL.

       (a) In General.--Subsection (m) of section 274 (relating to 
     additional limitations on travel expenses) is amended by 
     adding at the end the following new paragraph:
       ``(4) Termination.--Paragraph (3) shall not apply to any 
     expense paid or incurred after the date of the enactment of 
     this paragraph and before January 1, 2008.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or incurred after the date of the 
     enactment of this Act.

     SEC. 225. TECHNICAL CORRECTIONS.

       (a) Technical Correction Relating to Look-Through Treatment 
     of Payments Between Related Controlled Foreign Corporations 
     Under the Foreign Personal Holding Company Rules.--
       (1) In general.--
       (A) The first sentence of section 954(c)(6)(A), as amended 
     by section 103(b) of the Tax Increase Prevention and 
     Reconciliation Act of 2005, is amended by striking ``which is 
     not subpart F income'' and inserting ``which is neither 
     subpart F income nor income treated as effectively connected 
     with the conduct of a trade or business in the United 
     States''.
       (B) Section 954(c)(6)(A), as so amended, is amended by 
     striking the last sentence and inserting the following: ``The 
     Secretary shall prescribe such regulations as may be 
     necessary or appropriate to carry out this paragraph, 
     including such regulations as may be necessary or appropriate 
     to prevent the abuse of the purposes of this paragraph.''
       (2) Effective date.--The amendments made by this subsection 
     shall take effect as if included in section 103(b) of the Tax 
     Increase Prevention and Reconciliation Act of 2005.
       (b) Technical Correction Regarding Authority to Exercise 
     Reasonable Cause and Good Faith Exception.--
       (1) In general.--Section 903(d)(2)(B)(iii) of the American 
     Jobs Creation Act of 2004, as amended by section 303(a) of 
     the Gulf Opportunity Zone Act of 2005, is amended by 
     inserting ``or the Secretary's delegate'' after ``the 
     Secretary of the Treasury''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect as if included in the provisions of the 
     American Jobs Creation Act of 2004 to which it relates.

  TITLE III--SURFACE MINING CONTROL AND RECLAMATION ACT AMENDMENTS OF 
                                  2006

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Surface Mining Control and 
     Reclamation Act Amendments of 2006''.

               Subtitle A--Mining Control and Reclamation

     SEC. 311. ABANDONED MINE RECLAMATION FUND AND PURPOSES.

       (a) In General.--Section 401 of the Surface Mining Control 
     and Reclamation Act of 1977 (30 U.S.C. 1231) is amended--
       (1) in subsection (c)--
       (A) by striking paragraphs (2) and (6); and
       (B) by redesignating paragraphs (3), (4), and (5) and 
     paragraphs (7) through (13) as paragraphs (2) through (11), 
     respectively;
       (2) by striking subsection (d) and inserting the following:
       ``(d) Availability of Moneys; No Fiscal Year Limitation.--
       ``(1) In general.--Moneys from the fund for expenditures 
     under subparagraphs (A) through (D) of section 402(g)(3) 
     shall be available only when appropriated for those 
     subparagraphs.
       ``(2) No fiscal year limitation.--Appropriations described 
     in paragraph (1) shall be made without fiscal year 
     limitation.
       ``(3) Other purposes.--Moneys from the fund shall be 
     available for all other purposes of this title without prior 
     appropriation as provided in subsection (f).'';
       (3) in subsection (e)--
       (A) in the second sentence, by striking ``the needs of such 
     fund'' and inserting ``achieving the purposes of the 
     transfers under section 402(h)''; and
       (B) in the third sentence, by inserting before the period 
     the following: ``for the purpose of the transfers under 
     section 402(h)''; and
       (4) by adding at the end the following:
       ``(f) General Limitation on Obligation Authority.--
       ``(1) In general.--From amounts deposited into the fund 
     under subsection (b), the Secretary shall distribute during 
     each fiscal year beginning after September 30, 2007, an 
     amount determined under paragraph (2).
       ``(2) Amounts.--
       ``(A) For fiscal years 2008 through 2022.--For each of 
     fiscal years 2008 through 2022, the amount distributed by the 
     Secretary under this subsection shall be equal to--
       ``(i) the amounts deposited into the fund under paragraphs 
     (1), (2), and (4) of subsection (b) for the preceding fiscal 
     year that were allocated under paragraphs (1) and (5) of 
     section 402(g); plus
       ``(ii) the amount needed for the adjustment under section 
     402(g)(8) for the current fiscal year.
       ``(B) Fiscal years 2023 and thereafter.--For fiscal year 
     2023 and each fiscal year thereafter, to the extent that 
     funds are available, the Secretary shall distribute an amount 
     equal to the amount distributed under subparagraph (A) during 
     fiscal year 2022.
       ``(3) Distribution.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     for each fiscal year, of the amount to be distributed to 
     States and Indian tribes pursuant to paragraph (2), the 
     Secretary shall distribute--
       ``(i) the amounts allocated under paragraph (1) of section 
     402(g), the amounts allocated under paragraph (5) of section 
     402(g), and any amount reallocated under section

[[Page S9557]]

     411(h)(3) in accordance with section 411(h)(2), for grants to 
     States and Indian tribes under section 402(g)(5); and
       ``(ii) the amounts allocated under section 402(g)(8).
       ``(B) Exclusion.--Beginning on October 1, 2007, certified 
     States shall be ineligible to receive amounts under section 
     402(g)(1).
       ``(4) Availability.--Amounts in the fund available to the 
     Secretary for obligation under this subsection shall be 
     available until expended.
       ``(5) Addition.--
       ``(A) In general.--Subject to subparagraph (B), the amount 
     distributed under this subsection for each fiscal year shall 
     be in addition to the amount appropriated from the fund 
     during the fiscal year.
       ``(B) Exceptions.--Notwithstanding paragraph (3), the 
     amount distributed under this subsection for the first 4 
     fiscal years beginning on and after October 1, 2007, shall be 
     equal to the following percentage of the amount otherwise 
     required to be distributed:
       ``(i) 50 percent in fiscal year 2008.
       ``(ii) 50 percent in fiscal year 2009.
       ``(iii) 75 percent in fiscal year 2010.
       ``(iv) 75 percent in fiscal year 2011.''.
       (b) Conforming Amendment.--Section 712(b) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1302(b)) is amended by striking ``section 401(c)(11)'' and 
     inserting ``section 401(c)(9)''.

     SEC. 312. RECLAMATION FEE.

       (a) Amounts.--
       (1) Fiscal years 2008-2012.--Effective October 1, 2007, 
     section 402(a) of the Surface Mining Control and Reclamation 
     Act of 1977 (30 U.S.C. 1232(a)) is amended--
       (A) by striking ``35'' and inserting ``31.5'';
       (B) by striking ``15'' and inserting ``13.5''; and
       (C) by striking ``10 cents'' and inserting ``9 cents''.
       (2) Fiscal years 2013-2021.--Effective October 1, 2012, 
     section 402(a) of the Surface Mining Control and Reclamation 
     Act of 1977 (30 U.S.C. 1232(a)) (as amended by paragraph (1)) 
     is amended--
       (A) by striking ``31.5'' and inserting ``28'';
       (B) by striking ``13.5'' and inserting ``12''; and
       (C) by striking ``9 cents'' and inserting ``8 cents''.
       (b) Duration.--Effective September 30, 2007, section 402(b) 
     of the Surface Mining Control and Reclamation Act of 1977 (30 
     U.S.C. 1232(b)) (as amended by section 7007 of the Emergency 
     Supplemental Appropriations Act for Defense, the Global War 
     on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 
     120 Stat. 484)) is amended by striking ``September 30, 2007'' 
     and all that follows through the end of the sentence and 
     inserting ``September 30, 2021.''.
       (c) Allocation of Funds.--Section 402(g) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(g)) is amended--
       (1) in paragraph (1)(D)--
       (A) by inserting ``(except for grants awarded during fiscal 
     years 2008, 2009, and 2010 to the extent not expended within 
     5 years)'' after ``this paragraph''; and
       (B) by striking ``in any area under paragraph (2), (3), 
     (4), or (5)'' and inserting ``under paragraph (5)'';
       (2) by striking paragraph (2) and inserting:
       ``(2) In making the grants referred to in paragraph (1)(C) 
     and the grants referred to in paragraph (5), the Secretary 
     shall ensure strict compliance by the States and Indian 
     tribes with the priorities described in section 403(a) until 
     a certification is made under section 411(a).'';
       (3) in paragraph (3)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``paragraphs (2) and'' and inserting ``paragraph'';
       (B) in subparagraph (A), by striking ``401(c)(11)'' and 
     inserting ``401(c)(9)''; and
       (C) by adding at the end the following:
       ``(E) For the purpose of paragraph (8).'';
       (4) in paragraph (5)--
       (A) by inserting ``(A)'' after ``(5)'';
       (B) in the first sentence, by striking ``40'' and inserting 
     ``60'';
       (C) in the last sentence, by striking ``Funds allocated or 
     expended by the Secretary under paragraphs (2), (3), or (4)'' 
     and inserting ``Funds made available under paragraph (3) or 
     (4)''; and
       (D) by adding at the end the following:
       ``(B) Any amount that is reallocated and available under 
     section 411(h)(3) shall be in addition to amounts that are 
     allocated under subparagraph (A).''; and
       (5) by striking paragraphs (6) through (8) and inserting 
     the following:
       ``(6)(A) Any State with an approved abandoned mine 
     reclamation program pursuant to section 405 may receive and 
     retain, without regard to the 3-year limitation referred to 
     in paragraph (1)(D), up to 30 percent of the total of the 
     grants made annually to the State under paragraphs (1) and 
     (5) if those amounts are deposited into an acid mine drainage 
     abatement and treatment fund established under State law, 
     from which amounts (together with all interest earned on the 
     amounts) are expended by the State for the abatement of the 
     causes and the treatment of the effects of acid mine drainage 
     in a comprehensive manner within qualified hydrologic units 
     affected by coal mining practices.
       ``(B) In this paragraph, the term `qualified hydrologic 
     unit' means a hydrologic unit--
       ``(i) in which the water quality has been significantly 
     affected by acid mine drainage from coal mining practices in 
     a manner that adversely impacts biological resources; and
       ``(ii) that contains land and water that are--
       ``(I) eligible pursuant to section 404 and include any of 
     the priorities described in section 403(a); and
       ``(II) the subject of expenditures by the State from the 
     forfeiture of bonds required under section 509 or from other 
     States sources to abate and treat acid mine drainage.
       ``(7) In complying with the priorities described in section 
     403(a), any State or Indian tribe may use amounts available 
     in grants made annually to the State or tribe under 
     paragraphs (1) and (5) for the reclamation of eligible land 
     and water described in section 403(a)(3) before the 
     completion of reclamation projects under paragraphs (1) and 
     (2) of section 403(a) only if the expenditure of funds for 
     the reclamation is done in conjunction with the expenditure 
     before, on, or after the date of enactment of the Surface 
     Mining Control and Reclamation Act Amendments of 2006 of 
     funds for reclamation projects under paragraphs (1) and (2) 
     of section 403(a).
       ``(8)(A) In making funds available under this title, the 
     Secretary shall ensure that the grant awards total not less 
     than $3,000,000 annually to each State and each Indian tribe 
     having an approved abandoned mine reclamation program 
     pursuant to section 405 and eligible land and water pursuant 
     to section 404, so long as an allocation of funds to the 
     State or tribe is necessary to achieve the priorities stated 
     in paragraphs (1) and (2) of section 403(a).
       ``(B) Notwithstanding any other provision of law, this 
     paragraph applies to the States of Tennessee and Missouri.''.
       (d) Transfers of Interest Earned by Abandoned Mine 
     Reclamation Fund.--Section 402 of the Surface Mining Control 
     and Reclamation Act of 1977 (30 U.S.C. 1232) is amended by 
     striking subsection (h) and inserting the following:
       ``(h) Transfers of Interest Earned by Fund.--
       ``(1) In general.--
       ``(A) Transfers to combined benefit fund.--As soon as 
     practicable after the beginning of fiscal year 2007 and each 
     fiscal year thereafter, and before making any allocation with 
     respect to the fiscal year under subsection (g), the 
     Secretary shall use an amount not to exceed the amount of 
     interest that the Secretary estimates will be earned and paid 
     to the fund during the fiscal year to make the transfer 
     described in paragraph (2)(A).
       ``(B) Transfers to 1992 and 1993 plans.--As soon as 
     practicable after the beginning of fiscal year 2008 and each 
     fiscal year thereafter, and before making any allocation with 
     respect to the fiscal year under subsection (g), the 
     Secretary shall use an amount not to exceed the amount of 
     interest that the Secretary estimates will be earned and paid 
     to the fund during the fiscal year (reduced by the amount 
     used under subparagraph (A)) to make the transfers described 
     in paragraphs (2)(B) and (2)(C).
       ``(2) Transfers described.--The transfers referred to in 
     paragraph (1) are the following:
       ``(A) United mine workers of america combined benefit 
     fund.--A transfer to the United Mine Workers of America 
     Combined Benefit Fund equal to the amount that the trustees 
     of the Combined Benefit Fund estimate will be expended from 
     the fund for the fiscal year in which the transfer is made, 
     reduced by--
       ``(i) the amount the trustees of the Combined Benefit Fund 
     estimate the Combined Benefit Fund will receive during the 
     fiscal year in--

       ``(I) required premiums; and
       ``(II) payments paid by Federal agencies in connection with 
     benefits provided by the Combined Benefit Fund; and

       ``(ii) the amount the trustees of the Combined Benefit Fund 
     estimate will be expended during the fiscal year to provide 
     health benefits to beneficiaries who are unassigned 
     beneficiaries solely as a result of the application of 
     section 9706(h)(1) of the Internal Revenue Code of 1986, but 
     only to the extent that such amount does not exceed the 
     amounts described in subsection (i)(1)(A) that the Secretary 
     estimates will be available to pay such estimated 
     expenditures.
       ``(B) United mine workers of america 1992 benefit plan.--A 
     transfer to the United Mine Workers of America 1992 Benefit 
     Plan, in an amount equal to the difference between--
       ``(i) the amount that the trustees of the 1992 UMWA Benefit 
     Plan estimate will be expended from the 1992 UMWA Benefit 
     Plan during the next calendar year to provide the benefits 
     required by the 1992 UMWA Benefit Plan on the date of 
     enactment of this subparagraph; minus
       ``(ii) the amount that the trustees of the 1992 UMWA 
     Benefit Plan estimate the 1992 UMWA Benefit Plan will receive 
     during the next calendar year in--

       ``(I) required monthly per beneficiary premiums, including 
     the amount of any security provided to the 1992 UMWA Benefit 
     Plan that is available for use in the provision of benefits; 
     and
       ``(II) payments paid by Federal agencies in connection with 
     benefits provided by the 1992 UMWA benefit plan.

       ``(C) Multiemployer health benefit plan.--A transfer to the 
     Multiemployer Health Benefit Plan established after July 20, 
     1992, by the parties that are the settlors of the 1992 UMWA 
     Benefit Plan referred to in

[[Page S9558]]

     subparagraph (B) (referred to in this subparagraph and 
     subparagraph (D) as `the Plan'), in an amount equal to the 
     excess (if any) of--
       ``(i) the amount that the trustees of the Plan estimate 
     will be expended from the Plan during the next calendar year, 
     to provide benefits no greater than those provided by the 
     Plan as of December 31, 2006; over
       ``(ii) the amount that the trustees estimated the Plan will 
     receive during the next calendar year in payments paid by 
     Federal agencies in connection with benefits provided by the 
     Plan.

     Such excess shall be calculated by taking into account only 
     those beneficiaries actually enrolled in the Plan as of 
     December 31, 2006, who are eligible to receive benefits under 
     the Plan on the first day of the calendar year for which the 
     transfer is made.
       ``(D) Individuals considered enrolled.--For purposes of 
     subparagraph (C), any individual who was eligible to receive 
     benefits from the Plan as of the date of enactment of this 
     subsection, even though benefits were being provided to the 
     individual pursuant to a settlement agreement approved by 
     order of a bankruptcy court entered on or before September 
     30, 2004, will be considered to be actually enrolled in the 
     Plan and shall receive benefits from the Plan beginning on 
     December 31, 2006.
       ``(3) Adjustment.--If, for any fiscal year, the amount of a 
     transfer under subparagraph (A), (B), or (C) of paragraph (2) 
     is more or less than the amount required to be transferred 
     under that subparagraph, the Secretary shall appropriately 
     adjust the amount transferred under that subparagraph for the 
     next fiscal year.
       ``(4) Additional amounts.--
       ``(A) Previously credited interest.--Notwithstanding any 
     other provision of law, any interest credited to the fund 
     that has not previously been transferred to the Combined 
     Benefit Fund referred to in paragraph (2)(A) under this 
     section--
       ``(i) shall be held in reserve by the Secretary until such 
     time as necessary to make the payments under subparagraphs 
     (A) and (B) of subsection (i)(1), as described in clause 
     (ii); and
       ``(ii) in the event that the amounts described in 
     subsection (i)(1) are insufficient to make the maximum 
     payments described in subparagraphs (A) and (B) of subsection 
     (i)(1), shall be used by the Secretary to supplement the 
     payments so that the maximum amount permitted under those 
     paragraphs is paid.
       ``(B) Previously allocated amounts.--All amounts allocated 
     under subsection (g)(2) before the date of enactment of this 
     subparagraph for the program described in section 406, but 
     not appropriated before that date, shall be available to the 
     Secretary to make the transfers described in paragraph (2).
       ``(C) Adequacy of previously credited interest.--The 
     Secretary shall--
       ``(i) consult with the trustees of the plans described in 
     paragraph (2) at reasonable intervals; and
       ``(ii) notify Congress if a determination is made that the 
     amounts held in reserve under subparagraph (A) are 
     insufficient to meet future requirements under subparagraph 
     (A)(ii).
       ``(D) Additional reserve amounts.--In addition to amounts 
     held in reserve under subparagraph (A), there is authorized 
     to be appropriated such sums as may be necessary for transfer 
     to the fund to carry out the purposes of subparagraph 
     (A)(ii).
       ``(E) Inapplicability of cap.--The limitation described in 
     subsection (i)(3)(A) shall not apply to payments made from 
     the reserve fund under this paragraph.
       ``(5) Limitations.--
       ``(A) Availability of funds for next fiscal year.--The 
     Secretary may make transfers under subparagraphs (B) and (C) 
     of paragraph (2) for a calendar year only if the Secretary 
     determines, using actuarial projections provided by the 
     trustees of the Combined Benefit Fund referred to in 
     paragraph (2)(A), that amounts will be available under 
     paragraph (1), after the transfer, for the next fiscal year 
     for making the transfer under paragraph (2)(A).
       ``(B) Rate of contributions of obligors.--
       ``(i) In general.--

       ``(I) Rate.--A transfer under paragraph (2)(C) shall not be 
     made for a calendar year unless the persons that are 
     obligated to contribute to the plan referred to in paragraph 
     (2)(C) on the date of the transfer are obligated to make the 
     contributions at rates that are no less than those in effect 
     on the date which is 30 days before the date of enactment of 
     this subsection.
       ``(II) Application.--The contributions described in 
     subclause (I) shall be applied first to the provision of 
     benefits to those plan beneficiaries who are not described in 
     paragraph (2)(C)(ii).

       ``(ii) Initial contributions.--

       ``(I) In general.--From the date of enactment of the 
     Surface Mining Control and Reclamation Act Amendments of 2006 
     through December 31, 2010, the persons that, on the date of 
     enactment of that Act, are obligated to contribute to the 
     plan referred to in paragraph (2)(C) shall be obligated, 
     collectively, to make contributions equal to the amount 
     described in paragraph (2)(C), less the amount actually 
     transferred due to the operation of subparagraph (C).
       ``(II) First calendar year.--Calendar year 2006 is the 
     first calendar year for which contributions are required 
     under this clause.
       ``(III) Amount of contribution for 2006.--Except as 
     provided in subclause (IV), the amount described in paragraph 
     (2)(C) for calendar year 2006 shall be calculated as if 
     paragraph (2)(C) had been in effect during 2005.
       ``(IV) Limitation.--The contributions required under this 
     clause for calendar year 2006 shall not exceed the amount 
     necessary for solvency of the plan described in paragraph 
     (2)(C), measured as of December 31, 2006 and taking into 
     account all assets held by the plan as of that date.

       ``(iii) Division.--The collective annual contribution 
     obligation required under clause (ii) shall be divided among 
     the persons subject to the obligation, and applied uniformly, 
     based on the hours worked for which contributions referred to 
     in clause (i) would be owed.
       ``(C) Phase-in of transfers.--For each of calendar years 
     2008 through 2010, the transfers required under subparagraphs 
     (B) and (C) of paragraph (2) shall equal the following 
     amounts:
       ``(i) For calendar year 2008, the Secretary shall make 
     transfers equal to 25 percent of the amounts that would 
     otherwise be required under subparagraphs (B) and (C) of 
     paragraph (2).
       ``(ii) For calendar year 2009, the Secretary shall make 
     transfers equal to 50 percent of the amounts that would 
     otherwise be required under subparagraphs (B) and (C) of 
     paragraph (2).
       ``(iii) For calendar year 2010, the Secretary shall make 
     transfers equal to 75 percent of the amounts that would 
     otherwise be required under subparagraphs (B) and (C) of 
     paragraph (2).
       ``(i) Funding.--
       ``(1) In general.--Subject to paragraph (3), out of any 
     funds in the Treasury not otherwise appropriated, the 
     Secretary of the Treasury shall transfer to the plans 
     described in subsection (h)(2) such sums as are necessary to 
     pay the following amounts:
       ``(A) To the Combined Fund (as defined in section 
     9701(a)(5) of the Internal Revenue Code of 1986 and referred 
     to in this paragraph as the `Combined Fund'), the amount that 
     the trustees of the Combined Fund estimate will be expended 
     from premium accounts maintained by the Combined Fund for the 
     fiscal year to provide benefits for beneficiaries who are 
     unassigned beneficiaries solely as a result of the 
     application of section 9706(h)(1) of the Internal Revenue 
     Code of 1986, subject to the following limitations:
       ``(i) For fiscal year 2008, the amount paid under this 
     subparagraph shall equal--

       ``(I) the amount described in subparagraph (A); minus
       ``(II) the amounts required under section 9706(h)(3)(A) of 
     the Internal Revenue Code of 1986.

       ``(ii) For fiscal year 2009, the amount paid under this 
     subparagraph shall equal--

       ``(I) the amount described in subparagraph (A); minus
       ``(II) the amounts required under section 9706(h)(3)(B) of 
     the Internal Revenue Code of 1986.

       ``(iii) For fiscal year 2010, the amount paid under this 
     subparagraph shall equal--

       ``(I) the amount described in subparagraph (A); minus
       ``(II) the amounts required under section 9706(h)(3)(C) of 
     the Internal Revenue Code of 1986.

       ``(B) On certification by the trustees of any plan 
     described in subsection (h)(2) that the amount available for 
     transfer by the Secretary pursuant to this section 
     (determined after application of any limitation under 
     subsection (h)(5)) is less than the amount required to be 
     transferred, to the plan the amount necessary to meet the 
     requirement of subsection (h)(2).
       ``(C) To the Combined Fund, $9,000,000 on October 1, 2007, 
     $9,000,000 on October 1, 2008, and $9,000,000 on October 1, 
     2009 (which amounts shall not be exceeded) to provide a 
     refund of any premium (as described in section 9704(a) of the 
     Internal Revenue Code of 1986) paid on or before September 7, 
     2000, to the Combined Fund, plus interest on the premium 
     calculated at the rate of 7.5 percent per year, on a 
     proportional basis and to be paid not later than 60 days 
     after the date on which each payment is received by the 
     Combined Fund, to those signatory operators (to the extent 
     that the Combined Fund has not previously returned the 
     premium amounts to the operators), or any related persons to 
     the operators (as defined in section 9701(c) of the Internal 
     Revenue Code of 1986), or their heirs, successors, or assigns 
     who have been denied the refunds as the result of final 
     judgments or settlements if--
       ``(i) prior to the date of enactment of this paragraph, the 
     signatory operator (or any related person to the operator)--

       ``(I) had all of its beneficiary assignments made under 
     section 9706 of the Internal Revenue Code of 1986 voided by 
     the Commissioner of the Social Security Administration; and
       ``(II) was subject to a final judgment or final settlement 
     of litigation adverse to a claim by the operator that the 
     assignment of beneficiaries under section 9706 of the 
     Internal Revenue Code of 1986 was unconstitutional as applied 
     to the operator; and

       ``(ii) on or before September 7, 2000, the signatory 
     operator (or any related person to the operator) had paid to 
     the Combined Fund any premium amount that had not been 
     refunded.
       ``(2) Payments to states and indian tribes.--Subject to 
     paragraph (3), out of any funds in the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall

[[Page S9559]]

     transfer to the Secretary of the Interior for distribution to 
     States and Indian tribes such sums as are necessary to pay 
     amounts described in paragraphs (1)(A) and (2)(A) of section 
     411(h).
       ``(3) Limitations.--
       ``(A) Cap.--The total amount transferred under this 
     subsection for any fiscal year shall not exceed $490,000,000.
       ``(B) Insufficient amounts.--In a case in which the amount 
     required to be transferred without regard to this paragraph 
     exceeds the maximum annual limitation in subparagraph (A), 
     the Secretary shall adjust the transfers of funds so that--
       ``(i) each transfer for the fiscal year is a percentage of 
     the amount described;
       ``(ii) the amount is determined without regard to 
     subsection (h)(5)(A); and
       ``(iii) the percentage transferred is the same for all 
     transfers made under this subsection for the fiscal year.
       ``(4) Availability of funds.--Funds shall be transferred 
     under paragraph (1) and (2) beginning in fiscal year 2008 and 
     each fiscal year thereafter, and shall remain available until 
     expended.''.

     SEC. 313. OBJECTIVES OF FUND.

       Section 403 of the Surface Mining Control and Reclamation 
     Act of 1977 (30 U.S.C. 1233) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``(1) the protection'' and inserting the 
     following:
       ``(1)(A) the protection;'';
       (ii) in subparagraph (A) (as designated by clause (i)), by 
     striking ``general welfare,''; and
       (iii) by adding at the end the following:
       ``(B) the restoration of land and water resources and the 
     environment that--
       ``(i) have been degraded by the adverse effects of coal 
     mining practices; and
       ``(ii) are adjacent to a site that has been or will be 
     remediated under subparagraph (A);'';
       (B) in paragraph (2)--
       (i) by striking ``(2) the protection'' and inserting the 
     following:
       ``(2)(A) the protection'';
       (ii) in subparagraph (A) (as designated by clause (i), by 
     striking ``health, safety, and general welfare'' and 
     inserting ``health and safety''; and
       (iii) by adding at the end the following:
       ``(B) the restoration of land and water resources and the 
     environment that--
       ``(i) have been degraded by the adverse effects of coal 
     mining practices; and
       ``(ii) are adjacent to a site that has been or will be 
     remediated under subparagraph (A); and'';
       (C) in paragraph (3), by striking the semicolon at the end 
     and inserting a period; and
       (D) by striking paragraphs (4) and (5);
       (2) in subsection (b)--
       (A) by striking the subsection heading and inserting 
     ``Water Supply Restoration.--''; and
       (B) in paragraph (1), by striking ``up to 30 percent of 
     the''; and
       (3) in the second sentence of subsection (c), by inserting 
     ``, subject to the approval of the Secretary,'' after 
     ``amendments''.

     SEC. 314. RECLAMATION OF RURAL LAND.

       (a) Administration.--Section 406(h) of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 1236(h)) is 
     amended by striking ``Soil Conservation Service'' and 
     inserting ``Natural Resources Conservation Service''.
       (b) Authorization of Appropriations for Carrying Out Rural 
     Land Reclamation.--Section 406 of the Surface Mining Control 
     and Reclamation Act of 1977 (30 U.S.C. 1236) is amended by 
     adding at the end the following:
       ``(i) There are authorized to be appropriated to the 
     Secretary of Agriculture, from amounts in the Treasury other 
     than amounts in the fund, such sums as may be necessary to 
     carry out this section.''.

     SEC. 315. LIENS.

       Section 408(a) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1238) is amended in the 
     last sentence by striking ``who owned the surface prior to 
     May 2, 1977, and''.

     SEC. 316. CERTIFICATION.

       Section 411 of the Surface Mining Control and Reclamation 
     Act of 1977 (30 U.S.C. 1240a) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before the first sentence; and
       (B) by adding at the end the following:
       ``(2)(A) The Secretary may, on the initiative of the 
     Secretary, make the certification referred to in paragraph 
     (1) on behalf of any State or Indian tribe referred to in 
     paragraph (1) if on the basis of the inventory referred to in 
     section 403(c) all reclamation projects relating to the 
     priorities described in section 403(a) for eligible land and 
     water pursuant to section 404 in the State or tribe have been 
     completed.
       ``(B) The Secretary shall only make the certification after 
     notice in the Federal Register and opportunity for public 
     comment.''; and
       (2) by adding at the end the following:
       ``(h) Payments to States and Indian Tribes.--
       ``(1) In general.--
       ``(A) Payments.--
       ``(i) In general.--Notwithstanding section 401(f)(3)(B), 
     from funds referred to in section 402(i)(2), the Secretary 
     shall make payments to States or Indian tribes for the amount 
     due for the aggregate unappropriated amount allocated to the 
     State or Indian tribe under subparagraph (A) or (B) of 
     section 402(g)(1).
       ``(ii) Conversion as equivalent payments.--Amounts 
     allocated under subparagraphs (A) or (B) of section 402(g)(1) 
     shall be reallocated to the allocation established in section 
     402(g)(5) in amounts equivalent to payments made to States or 
     Indian tribes under this paragraph.
       ``(B) Amount due.--In this paragraph, the term `amount due' 
     means the unappropriated amount allocated to a State or 
     Indian tribe before October 1, 2007, under subparagraph (A) 
     or (B) of section 402(g)(1).
       ``(C) Schedule.--Payments under subparagraph (A) shall be 
     made in 7 equal annual installments, beginning with fiscal 
     year 2008.
       ``(D) Use of funds.--
       ``(i) Certified states and indian tribes.--A State or 
     Indian tribe that makes a certification under subsection (a) 
     in which the Secretary concurs shall use any amounts provided 
     under this paragraph for the purposes established by the 
     State legislature or tribal council of the Indian tribe, with 
     priority given for addressing the impacts of mineral 
     development.
       ``(ii) Uncertified states and indian tribes.--A State or 
     Indian tribe that has not made a certification under 
     subsection (a) in which the Secretary has concurred shall use 
     any amounts provided under this paragraph for the purposes 
     described in section 403.
       ``(2) Subsequent state and indian tribe share for certified 
     states and indian tribes.--
       ``(A) In general.--Notwithstanding section 401(f)(3)(B), 
     from funds referred to in section 402(i)(2), the Secretary 
     shall pay to each certified State or Indian tribe an amount 
     equal to the sum of the aggregate unappropriated amount 
     allocated on or after October 1, 2007, to the certified State 
     or Indian tribe under subparagraph (A) or (B) of section 
     402(g)(1).
       ``(B) Certified state or indian tribe defined.--In this 
     paragraph the term `certified State or Indian tribe' means a 
     State or Indian tribe for which a certification is made under 
     subsection (a) in which the Secretary concurs.
       ``(3) Manner of payment.--
       ``(A) In general.--Subject to subparagraph (B), payments to 
     States or Indian tribes under this subsection shall be made 
     without regard to any limitation in section 401(d) and 
     concurrently with payments to States under that section.
       ``(B) Initial payments.--The first 3 payments made to any 
     State or Indian tribe shall be reduced to 25 percent, 50 
     percent, and 75 percent, respectively, of the amounts 
     otherwise required under paragraph (2)(A).
       ``(C) Installments.--Amounts withheld from the first 3 
     annual installments as provided under subparagraph (B) shall 
     be paid in 2 equal annual installments beginning with fiscal 
     year 2018.
       ``(4) Reallocation.--
       ``(A) In general.--The amount allocated to any State or 
     Indian tribe under subparagraph (A) or (B) of section 
     402(g)(1) that is paid to the State or Indian tribe as a 
     result of a payment under paragraph (1) or (2) shall be 
     reallocated and available for grants under section 402(g)(5).
       ``(B) Allocation.--The grants shall be allocated based on 
     the amount of coal historically produced before August 3, 
     1977, in the same manner as under section 402(g)(5).''.

     SEC. 317. REMINING INCENTIVES.

       Title IV of the Surface Mining Control and Reclamation Act 
     of 1977 (30 U.S.C. 1231 et seq.) is amended by adding at the 
     following:

     ``SEC. 415. REMINING INCENTIVES.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary may, after opportunity for public 
     comment, promulgate regulations that describe conditions 
     under which amounts in the fund may be used to provide 
     incentives to promote remining of eligible land under section 
     404 in a manner that leverages the use of amounts from the 
     fund to achieve more reclamation with respect to the eligible 
     land than would be achieved without the incentives.
       ``(b) Requirements.--Any regulations promulgated under 
     subsection (a) shall specify that the incentives shall apply 
     only if the Secretary determines, with the concurrence of the 
     State regulatory authority referred to in title V, that, 
     without the incentives, the eligible land would not be likely 
     to be remined and reclaimed.
       ``(c) Incentives.--
       ``(1) In general.--Incentives that may be considered for 
     inclusion in the regulations promulgated under subsection (a) 
     include, but are not limited to--
       ``(A) a rebate or waiver of the reclamation fees required 
     under section 402(a); and
       ``(B) the use of amounts in the fund to provide financial 
     assurance for remining operations in lieu of all or a portion 
     of the performance bonds required under section 509.
       ``(2) Limitations.--
       ``(A) Use.--A rebate or waiver under paragraph (1)(A) shall 
     be used only for operations that--
       ``(i) remove or reprocess abandoned coal mine waste; or
       ``(ii) conduct remining activities that meet the priorities 
     specified in paragraph (1) or (2) of section 403(a).
       ``(B) Amount.--The amount of a rebate or waiver provided as 
     an incentive under paragraph (1)(A) to remine or reclaim 
     eligible land shall not exceed the estimated cost of 
     reclaiming the eligible land under this section.''.

[[Page S9560]]

     SEC. 318. EXTENSION OF LIMITATION ON APPLICATION OF 
                   PROHIBITION ON ISSUANCE OF PERMIT.

       Section 510(e) of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1260(e)) is amended by 
     striking the last sentence.

     SEC. 319. TRIBAL REGULATION OF SURFACE COAL MINING AND 
                   RECLAMATION OPERATIONS.

       (a) In General.--Section 710 of the Surface Mining Control 
     and Reclamation Act of 1977 (30 U.S.C. 1300) is amended by 
     adding at the end the following:
       ``(j) Tribal Regulatory Authority.--
       ``(1) Tribal regulatory programs.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, an Indian tribe may apply for, and obtain the approval 
     of, a tribal program under section 503 regulating in whole or 
     in part surface coal mining and reclamation operations on 
     reservation land under the jurisdiction of the Indian tribe 
     using the procedures of section 504(e).
       ``(B) References to state.--For purposes of this subsection 
     and the implementation and administration of a tribal program 
     under title V, any reference to a `State' in this Act shall 
     be considered to be a reference to a `tribe'.
       ``(2) Conflicts of interest.--
       ``(A) In general.--The fact that an individual is a member 
     of an Indian tribe does not in itself constitute a violation 
     of section 201(f).
       ``(B) Employees of tribal regulatory authority.--Any 
     employee of a tribal regulatory authority shall not be 
     eligible for a per capita distribution of any proceeds from 
     coal mining operations conducted on Indian reservation lands 
     under this Act.
       ``(3) Sovereign immunity.--To receive primary regulatory 
     authority under section 504(e), an Indian tribe shall waive 
     sovereign immunity for purposes of section 520 and paragraph 
     (4).
       ``(4) Judicial review.--
       ``(A) Civil actions.--
       ``(i) In general.--After exhausting all tribal remedies 
     with respect to a civil action arising under a tribal program 
     approved under section 504(e), an interested party may file a 
     petition for judicial review of the civil action in the 
     United States circuit court for the circuit in which the 
     surface coal mining operation named in the petition is 
     located.
       ``(ii) Scope of review.--

       ``(I) Questions of law.--The United States circuit court 
     shall review de novo any questions of law under clause (i).
       ``(II) Findings of fact.--The United States circuit court 
     shall review findings of fact under clause (i) using a 
     clearly erroneous standard.

       ``(B) Criminal actions.--Any criminal action brought under 
     section 518 with respect to surface coal mining or 
     reclamation operations on Indian reservation lands shall be 
     brought in--
       ``(i) the United States District Court for the District of 
     Columbia; or
       ``(ii) the United States district court in which the 
     criminal activity is alleged to have occurred.
       ``(5) Grants.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     grants for developing, administering, and enforcing tribal 
     programs approved in accordance with section 504(e) shall be 
     provided to an Indian tribe in accordance with section 705.
       ``(B) Exception.--Notwithstanding subparagraph (A), the 
     Federal share of the costs of developing, administering, and 
     enforcing an approved tribal program shall be 100 percent.
       ``(6) Report.--Not later than 18 months after the date on 
     which a tribal program is approved under subsection (e) of 
     section 504, the Secretary shall submit to the appropriate 
     committees of Congress a report, developed in cooperation 
     with the applicable Indian tribe, on the tribal program that 
     includes a recommendation of the Secretary on whether primary 
     regulatory authority under that subsection should be expanded 
     to include additional Indian lands.''.
       (b) Conforming Amendment.--Section 710(i) of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1300(i)) is amended in the first sentence by striking ``, 
     except'' and all that follows through ``section 503''.

          Subtitle B--Coal Industry Retiree Health Benefit Act

     SEC. 321. CERTAIN RELATED PERSONS AND SUCCESSORS IN INTEREST 
                   RELIEVED OF LIABILITY IF PREMIUMS PREPAID.

       (a) Combined Benefit Fund.--
       (1) In general.--Section 9704 (relating to liability of 
     assigned operators) is amended by adding at the end the 
     following new subsection:
       ``(j) Prepayment of Premium Liability.--
       ``(1) In general.--If--
       ``(A) a payment meeting the requirements of paragraph (3) 
     is made to the Combined Fund by or on behalf of--
       ``(i) any assigned operator to which this subsection 
     applies, or
       ``(ii) any related person to any assigned operator 
     described in clause (i), and
       ``(B) the common parent of the controlled group of 
     corporations described in paragraph (2)(B) is jointly and 
     severally liable for any premium under this section which 
     (but for this subsection) would be required to be paid by the 
     assigned operator or related person,
     then such common parent (and no other person) shall be liable 
     for such premium.
       ``(2) Assigned operators to which subsection applies.--
       ``(A) In general.--This subsection shall apply to any 
     assigned operator if--
       ``(i) the assigned operator (or a related person to the 
     assigned operator)--

       ``(I) made contributions to the 1950 UMWA Benefit Plan and 
     the 1974 UMWA Benefit Plan for employment during the period 
     covered by the 1988 agreement; and
       ``(II) is not a 1988 agreement operator,

       ``(ii) the assigned operator (and all related persons to 
     the assigned operator) are not actively engaged in the 
     production of coal as of July 1, 2005, and
       ``(iii) the assigned operator was, as of July 20, 1992, a 
     member of a controlled group of corporations described in 
     subparagraph (B).
       ``(B) Controlled group of corporations.--A controlled group 
     of corporations is described in this subparagraph if the 
     common parent of such group is a corporation the shares of 
     which are publicly traded on a United States exchange.
       ``(C) Coordination with repeal of assignments.--A person 
     shall not fail to be treated as an assigned operator to which 
     this subsection applies solely because the person ceases to 
     be an assigned operator by reason of section 9706(h)(1) if 
     the person otherwise meets the requirements of this 
     subsection and is liable for the payment of premiums under 
     section 9706(h)(3).
       ``(D) Controlled group.--For purposes of this subsection, 
     the term `controlled group of corporations' has the meaning 
     given such term by section 52(a).
       ``(3) Requirements.--A payment meets the requirements of 
     this paragraph if--
       ``(A) the amount of the payment is not less than the 
     present value of the total premium liability under this 
     chapter with respect to the Combined Fund of the assigned 
     operators or related persons described in paragraph (1) or 
     their assignees, as determined by the operator's or related 
     person's enrolled actuary (as defined in section 7701(a)(35)) 
     using actuarial methods and assumptions each of which is 
     reasonable and which are reasonable in the aggregate, as 
     determined by such enrolled actuary;
       ``(B) such enrolled actuary files with the Secretary of 
     Labor a signed actuarial report containing--
       ``(i) the date of the actuarial valuation applicable to the 
     report; and
       ``(ii) a statement by the enrolled actuary signing the 
     report that, to the best of the actuary's knowledge, the 
     report is complete and accurate and that in the actuary's 
     opinion the actuarial assumptions used are in the aggregate 
     reasonably related to the experience of the operator and to 
     reasonable expectations; and
       ``(C) 90 calendar days have elapsed after the report 
     required by subparagraph (B) is filed with the Secretary of 
     Labor, and the Secretary of Labor has not notified the 
     assigned operator in writing that the requirements of this 
     paragraph have not been satisfied.
       ``(4) Use of prepayment.--The Combined Fund shall--
       ``(A) establish and maintain an account for each assigned 
     operator or related person by, or on whose behalf, a payment 
     described in paragraph (3) was made,
       ``(B) credit such account with such payment (and any 
     earnings thereon), and
       ``(C) use all amounts in such account exclusively to pay 
     premiums that would (but for this subsection) be required to 
     be paid by the assigned operator.
     Upon termination of the obligations for the premium liability 
     of any assigned operator or related person for which such 
     account is maintained, all funds remaining in such account 
     (and earnings thereon) shall be refunded to such person as 
     may be designated by the common parent described in paragraph 
     (1)(B).''.
       (b) Individual Employer Plans.--Section 9711(c) (relating 
     to joint and several liability) is amended to read as 
     follows:
       ``(c) Joint and Several Liability of Related Persons.--
       ``(1) In general.--Except as provided in paragraph (2), 
     each related person of a last signatory operator to which 
     subsection (a) or (b) applies shall be jointly and severally 
     liable with the last signatory operator for the provision of 
     health care coverage described in subsection (a) or (b).
       ``(2) Liability limited if security provided.--If--
       ``(A) security meeting the requirements of paragraph (3) is 
     provided by or on behalf of--
       ``(i) any last signatory operator which is an assigned 
     operator described in section 9704(j)(2), or
       ``(ii) any related person to any last signatory operator 
     described in clause (i), and
       ``(B) the common parent of the controlled group of 
     corporations described in section 9704(j)(2)(B) is jointly 
     and severally liable for the provision of health care under 
     this section which, but for this paragraph, would be required 
     to be provided by the last signatory operator or related 
     person,
     then, as of the date the security is provided, such common 
     parent (and no other person) shall be liable for the 
     provision of health care under this section which the last 
     signatory operator or related person would otherwise be 
     required to provide. Security may be provided under this 
     paragraph without regard to whether a payment was made under 
     section 9704(j).
       ``(3) Security.--Security meets the requirements of this 
     paragraph if--
       ``(A) the security--
       ``(i) is in the form of a bond, letter of credit, or cash 
     escrow,

[[Page S9561]]

       ``(ii) is provided to the trustees of the 1992 UMWA Benefit 
     Plan solely for the purpose of paying premiums for 
     beneficiaries who would be described in section 9712(b)(2)(B) 
     if the requirements of this section were not met by the last 
     signatory operator, and
       ``(iii) is in an amount equal to 1 year of liability of the 
     last signatory operator under this section, determined by 
     using the average cost of such operator's liability during 
     the prior 3 calendar years;
       ``(B) the security is in addition to any other security 
     required under any other provision of this title; and
       ``(C) the security remains in place for 5 years.
       ``(4) Refunds of security.--The remaining amount of any 
     security provided under this subsection (and earnings 
     thereon) shall be refunded to the last signatory operator as 
     of the earlier of--
       ``(A) the termination of the obligations of the last 
     signatory operator under this section, or
       ``(B) the end of the 5-year period described in paragraph 
     (4)(C).''.
       (c) 1992 UMWA Benefit Plan.--Section 9712(d)(4) (relating 
     to joint and several liability) is amended by adding at the 
     end the following new sentence: ``The provisions of section 
     9711(c)(2) shall apply to any last signatory operator 
     described in such section (without regard to whether security 
     is provided under such section, a payment is made under 
     section 9704(j), or both) and if security meeting the 
     requirements of section 9711(c)(3) is provided, the common 
     parent described in section 9711(c)(2)(B) shall be 
     exclusively responsible for any liability for premiums under 
     this section which, but for this sentence, would be required 
     to be paid by the last signatory operator or any related 
     person.''.
       (d) Successor in Interest.--Section 9701(c) (relating to 
     terms relating to operators) is amended by adding at the end 
     the following new paragraph:
       ``(8) Successor in interest.--
       ``(A) Safe harbor.--The term `successor in interest' shall 
     not include any person who--
       ``(i) is an unrelated person to an eligible seller 
     described in subparagraph (C); and
       ``(ii) purchases for fair market value assets, or all of 
     the stock, of a related person to such seller, in a bona 
     fide, arm's-length sale.
       ``(B) Unrelated person.--The term `unrelated person' means 
     a purchaser who does not bear a relationship to the eligible 
     seller described in section 267(b).
       ``(C) Eligible seller.--For purposes of this paragraph, the 
     term `eligible seller' means an assigned operator described 
     in section 9704(j)(2) or a related person to such assigned 
     operator.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act, 
     except that the amendment made by subsection (d) shall apply 
     to transactions after the date of the enactment of this Act.

     SEC. 322. TRANSFERS TO FUNDS; PREMIUM RELIEF.

       (a) Combined Fund.--
       (1) Federal transfers.--Section 9705(b) (relating to 
     transfers from Abandoned Mine Reclamation Fund) is amended--
       (A) in paragraph (1), by striking ``section 402(h)'' and 
     inserting ``subsections (h) and (i) of section 402'';
       (B) by striking paragraph (2) and inserting the following 
     new paragraph:
       ``(2) Use of funds.--Any amount transferred under paragraph 
     (1) for any fiscal year shall be used to pay benefits and 
     administrative costs of beneficiaries of the Combined Fund or 
     for such other purposes as are specifically provided in the 
     Acts described in paragraph (1).''; and
       (C) by striking ``From Abandoned Mine Reclamation Fund''.
       (2) Modifications of premiums to reflect federal 
     transfers.--
       (A) Elimination of unassigned beneficiaries premium.--
     Section 9704(d) (establishing unassigned beneficiaries 
     premium) is amended to read as follows:
       ``(d) Unassigned Beneficiaries Premium.--
       ``(1) Plan years ending on or before september 30, 2006.--
     For plan years ending on or before September 30, 2006, the 
     unassigned beneficiaries premium for any assigned operator 
     shall be equal to the applicable percentage of the product of 
     the per beneficiary premium for the plan year multiplied by 
     the number of eligible beneficiaries who are not assigned 
     under section 9706 to any person for such plan year.
       ``(2) Plan years beginning on or after october 1, 2006.--
       ``(A) In general.--For plan years beginning on or after 
     October 1, 2006, subject to subparagraph (B), there shall be 
     no unassigned beneficiaries premium, and benefit costs with 
     respect to eligible beneficiaries who are not assigned under 
     section 9706 to any person for any such plan year shall be 
     paid from amounts transferred under section 9705(b).
       ``(B) Inadequate transfers.--If, for any plan year 
     beginning on or after October 1, 2006, the amounts 
     transferred under section 9705(b) are less than the amounts 
     required to be transferred to the Combined Fund under 
     subsection (h)(2)(A) or (i) of section 402 of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 1232)), 
     then the unassigned beneficiaries premium for any assigned 
     operator shall be equal to the operator's applicable 
     percentage of the amount required to be so transferred which 
     was not so transferred.''.
       (B) Premium accounts.--
       (i) Crediting of accounts.--Section 9704(e)(1) (relating to 
     premium accounts; adjustments) is amended by inserting ``and 
     amounts transferred under section 9705(b)'' after ``premiums 
     received''.
       (ii) Surpluses attributable to public funding.--Section 
     9704(e)(3)(A) is amended by adding at the end the following 
     new sentence: ``Amounts credited to an account from amounts 
     transferred under section 9705(b) shall not be taken into 
     account in determining whether there is a surplus in the 
     account for purposes of this paragraph.''
       (C) Applicable percentage.--Section 9704(f)(2) (relating to 
     annual adjustments) is amended by adding at the end the 
     following new subparagraph:
       ``(C) In the case of plan years beginning on or after 
     October 1, 2007, the total number of assigned eligible 
     beneficiaries shall be reduced by the eligible beneficiaries 
     whose assignments have been revoked under section 9706(h).''.
       (3) Assignments and reassignment.--Section 9706 (relating 
     to assignment of eligible beneficiaries) is amended by adding 
     at the end the following:
       ``(h) Assignments as of October 1, 2007.--
       ``(1) In general.--Subject to the premium obligation set 
     forth in paragraph (3), the Commissioner of Social Security 
     shall--
       ``(A) revoke all assignments to persons other than 1988 
     agreement operators for purposes of assessing premiums for 
     plan years beginning on and after October 1, 2007; and
       ``(B) make no further assignments to persons other than 
     1988 agreement operators, except that no individual who 
     becomes an unassigned beneficiary by reason of subparagraph 
     (A) may be assigned to a 1988 agreement operator.
       ``(2) Reassignment upon purchase.--This subsection shall 
     not be construed to prohibit the reassignment under 
     subsection (b)(2) of an eligible beneficiary.
       ``(3) Liability of persons during three fiscal years 
     beginning on and after october 1, 2007.--In the case of each 
     of the fiscal years beginning on October 1, 2007, 2008, and 
     2009, each person other than a 1988 agreement operator shall 
     pay to the Combined Fund the following percentage of the 
     amount of annual premiums that such person would otherwise be 
     required to pay under section 9704(a), determined on the 
     basis of assignments in effect without regard to the 
     revocation of assignments under paragraph (1)(A):
       ``(A) For the fiscal year beginning on October 1, 2007, 55 
     percent.
       ``(B) For the fiscal year beginning on October 1, 2008, 40 
     percent.
       ``(C) For the fiscal year beginning on October 1, 2009, 15 
     percent.''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to plan years of the Combined Fund beginning 
     after September 30, 2006.
       (b) 1992 UMWA Benefit and Other Plans.--
       (1) Transfers to plans.--Section 9712(a) (relating to the 
     establishment and coverage of the 1992 UMWA Benefit Plan) is 
     amended by adding at the end the following:
       ``(3) Transfers under other federal statutes.--
       ``(A) In general.--The 1992 UMWA Benefit Plan shall include 
     any amount transferred to the plan under subsections (h) and 
     (i) of section 402 of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1232).
       ``(B) Use of funds.--Any amount transferred under 
     subparagraph (A) for any fiscal year shall be used to provide 
     the health benefits described in subsection (c) with respect 
     to any beneficiary for whom no monthly per beneficiary 
     premium is paid pursuant to paragraph (1)(A) or (3) of 
     subsection (d).
       ``(4) Special rule for 1993 plan.--
       ``(A) In general.--The plan described in section 
     402(h)(2)(C) of the Surface Mining Control and Reclamation 
     Act of 1977 (30 U.S.C. 1232(h)(2)(C)) shall include any 
     amount transferred to the plan under subsections (h) and (i) 
     of the Surface Mining Control and Reclamation Act of 1977 (30 
     U.S.C. 1232).
       ``(B) Use of funds.--Any amount transferred under 
     subparagraph (A) for any fiscal year shall be used to provide 
     the health benefits described in section 402(h)(2)(C)(i) of 
     the Surface Mining Control and Reclamation Act of 1977 (30 
     U.S.C. 1232(h)(2)(C)(i)) to individuals described in section 
     402(h)(2)(C) of such Act (30 U.S.C. 1232(h)(2)(C)).''.
       (2) Premium adjustments.--
       (A) In general.--Section 9712(d)(1) (relating to guarantee 
     of benefits) is amended to read as follows:
       ``(1) In general.--All 1988 last signatory operators shall 
     be responsible for financing the benefits described in 
     subsection (c) by meeting the following requirements in 
     accordance with the contribution requirements established in 
     the 1992 UMWA Benefit Plan:
       ``(A) The payment of a monthly per beneficiary premium by 
     each 1988 last signatory operator for each eligible 
     beneficiary of such operator who is described in subsection 
     (b)(2) and who is receiving benefits under the 1992 UMWA 
     benefit plan.
       ``(B) The provision of a security (in the form of a bond, 
     letter of credit, or cash escrow) in an amount equal to a 
     portion of the projected future cost to the 1992 UMWA Benefit 
     Plan of providing health benefits for eligible and 
     potentially eligible beneficiaries attributable to the 1988 
     last signatory operator.

[[Page S9562]]

       ``(C) If the amounts transferred under subsection (a)(3) 
     are less than the amounts required to be transferred to the 
     1992 UMWA Benefit Plan under subsections (h) and (i) of 
     section 402 of the Surface Mining Control and Reclamation Act 
     of 1977 (30 U.S.C. 1232), the payment of an additional 
     backstop premium by each 1988 last signatory operator which 
     is equal to such operator's share of the amounts required to 
     be so transferred but which were not so transferred, 
     determined on the basis of the number of eligible and 
     potentially eligible beneficiaries attributable to the 
     operator.''.
       (B) Conforming amendments.--Section 9712(d) is amended--
       (i) in paragraph (2)(B), by striking ``prefunding'' and 
     inserting ``backstop'', and
       (ii) in paragraph (3), by striking ``paragraph (1)(B)'' and 
     inserting ``paragraph (1) (A)''.
       (C) Effective date.--The amendments made by this paragraph 
     shall apply to fiscal years beginning on or after October 1, 
     2010.

     SEC. 323. OTHER PROVISIONS.

       (a) Board of Trustees.--Section 9702(b) (relating to board 
     of trustees of the Combined Fund) is amended to read as 
     follows:
       ``(b) Board of Trustees.--
       ``(1) In general.--For purposes of subsection (a), the 
     board of trustees for the Combined Fund shall be appointed as 
     follows:
       ``(A) 2 individuals who represent employers in the coal 
     mining industry shall be designated by the BCOA;
       ``(B) 2 individuals designated by the United Mine Workers 
     of America; and
       ``(C) 3 individuals selected by the individuals appointed 
     under subparagraphs (A) and (B).
       ``(2) Successor trustees.--Any successor trustee shall be 
     appointed in the same manner as the trustee being succeeded. 
     The plan establishing the Combined Fund shall provide for the 
     removal of trustees.
       ``(3) Special rule.--If the BCOA ceases to exist, any 
     trustee or successor under paragraph (1)(A) shall be 
     designated by the 3 employers who were members of the BCOA on 
     the enactment date and who have been assigned the greatest 
     number of eligible beneficiaries under section 9706.''.
       (b) Enforcement of Obligations.--
       (1) Failure to pay premiums.--Section 9707(a) is amended to 
     read as follows:
       ``(a) Failures to Pay.--
       ``(1) Premiums for eligible beneficiaries.--There is hereby 
     imposed a penalty on the failure of any assigned operator to 
     pay any premium required to be paid under section 9704 with 
     respect to any eligible beneficiary.
       ``(2) Contributions required under the mining laws.--There 
     is hereby imposed a penalty on the failure of any person to 
     make a contribution required under section 402(h)(5)(B)(ii) 
     of the Surface Mining Control and Reclamation Act of 1977 to 
     a plan referred to in section 402(h)(2)(C) of such Act. For 
     purposes of applying this section, each such required monthly 
     contribution for the hours worked of any individual shall be 
     treated as if it were a premium required to be paid under 
     section 9704 with respect to an eligible beneficiary.''.
       (2) Civil enforcement.--Section 9721 is amended to read as 
     follows:

     ``SEC. 9721. CIVIL ENFORCEMENT.

       ``The provisions of section 4301 of the Employee Retirement 
     Income Security Act of 1974 shall apply, in the same manner 
     as any claim arising out of an obligation to pay withdrawal 
     liability under subtitle E of title IV of such Act, to any 
     claim--
       ``(1) arising out of an obligation to pay any amount 
     required to be paid by this chapter; or
       ``(2) arising out of an obligation to pay any amount 
     required by section 402(h)(5)(B)(ii) of the Surface Mining 
     Control and Reclamation Act of 1977 (30 U.S.C. 
     1232(h)(5)(B)(ii)).''.
                                 ______
                                 
  SA 5004. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill H.R. 4096, to amend the Internal Revenue Code of 1986 
to extend to 2006 the alternative minimum tax relief available in 2005 
and to index such relief for inflation; which was ordered to lie on the 
table; as follows:

       Amend the title so as to read: ``To amend the Internal 
     Revenue Code of 1986 to extend for 2 years certain expiring 
     provisions, and for other purposes.''.
                                 ______
                                 
  SA 5005. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 4954, to improve maritime and cargo security 
through enhanced layered defenses, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DECLASSIFICATION OF CERTAIN TEXT OF REPORT ON 
                   INTELLIGENCE CONCERNING IRAQ WEAPONS OF MASS 
                   DESTRUCTION PROGRAMS.

       Any classified text (other than text revealing intelligence 
     sources and methods) contained on pages 96, 97, and 98 of the 
     report of the Select Committee on Intelligence of the Senate 
     entitled ``Report of the Select Committee on Intelligence on 
     Post-War Findings About Iraq's WMD Programs and Links to 
     Terrorism and How They Compare with Pre-War Assessments'', 
     and issued on September 8, 2006, is hereby declassified and, 
     effective as of the date of the enactment of this Act, may be 
     released to the public.
                                 ______
                                 
  SA 5006. Mr. STEVENS (for Mr. McCain (for himself and Mr. Kyl)) 
proposed an amendment to the bill S. 2464, to revise a provision 
relating to a repayment obligation of the Fort McDowell Yavapai Nation 
under the Fort McDowell Indian Community Water Rights Settlement Act of 
1990, and for other purposes; as follows:

       On page 3, strike lines 7 through 9 and insert the 
     following:

     achieve the full and final implementation of the Fort 
     McDowell Water

                          ____________________