[Congressional Record Volume 152, Number 113 (Wednesday, September 13, 2006)]
[Senate]
[Pages S9567-S9574]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT--Continued

  Mr. STEVENS. Mr. President, I ask unanimous consent that the Senate 
resume consideration of H.R. 4954, the port security bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. Mr. President, I ask unanimous consent that all second-
degree amendments be filed at the desk by 10 a.m. tomorrow.
  The PRESIDING OFFICER. Without objection, it is so ordered.


Amendments Nos. 4924, as Modified; 4928; 4932; 4933; 4939, as Modified; 
   4946, as Modified; 4950, as Modified; 4949; 4951; 4953; 4954, as 
Modified; 4955; 4959, as Modified; 4964; 4976; 4985, as Modified; 4988, 
                as Modified; 5000; and 4947, as Modified

  Mr. STEVENS. Mr. President, I send to the desk a package of 
amendments. I would like to read them: amendment No. 4924, as modified, 
for Senator Rockefeller; amendment No. 4928, for Senator Bingaman; 
amendment No. 4932, for Senator Domenici; amendment No. 4933, for 
Senator Domenici; amendment No. 4939, as modified, for Senator Kerry; 
amendment No. 4946, as modified, for Senator Burns; amendment No. 4950, 
as modified, for Senator Cantwell; amendment No. 4949, for Senator 
Cantwell; amendment No. 4951, for Senator McCain; amendment No. 4953, 
for Senator Vitter; amendment No. 4954, as modified, for Senator Snowe; 
amendment No. 4955, for Senator Allard; amendment No. 4959, as 
modified, for Senator Pryor; amendment No. 4964, for Senator Burns; 
amendment No. 4976, for Senator Boxer; amendment No. 4985, as modified, 
for Senator Baucus; amendment No. 4988, as modified, for Senator 
Lautenberg; amendment No. 5000, for Senator Snowe; and amendment No. 
4947, as modified, for Senator Burns.
  I ask unanimous consent that these amendments be considered en bloc, 
adopted en bloc, and I move to reconsider that action.
  Mrs. MURRAY. I move to lay that motion on the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments were agreed to en bloc as follows:


                    AMENDMENT NO. 4924, As modified

     SEC. ------. ESTABLISHMENT OF COMPETITIVE RESEARCH PROGRAM.

         (a) In General.--Title III of the Homeland Security Act 
     of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 314. COMPETITIVE RESEARCH PROGRAM.

         ``(a) In General.--
         ``(1) Establishment.--The Secretary, acting through the 
     Under Secretary for Science and Technology, shall establish a 
     competitive research program within the Directorate.
         ``(2) Director.--The program shall be headed by a 
     Director, who shall be appointed by the Secretary. The 
     Director shall report to the Under Secretary.
         ``(3) Duties of Director.--In the administration of the 
     program, the Director shall--
         ``(A) establish a cofunding mechanism for States with 
     academic facilities that have not fully developed security-
     related science and technology to support burgeoning research 
     efforts by the faculty or link them to established 
     investigators;
         ``(B) provide for conferences, workshops, outreach, and 
     technical assistance to researchers and institutions of 
     higher education in States on topics related to developing 
     science and technology expertise in areas of high interest 
     and relevance to the Department;
         ``(C) monitor the efforts of States to develop programs 
     that support the Department's mission;
         ``(D) implement a merit review program, consistent with 
     program objectives, to ensure the quality of research 
     conducted with Program funding; and
         ``(E) provide annual reports on the progress and 
     achievements of the Program to the Secretary.
         ``(b) Assistance Under the Program.--
         ``(1) Scope.--The Director shall provide assistance under 
     the program for research and development projects that are 
     related to, or qualify as, homeland security research (as 
     defined in section 307(a)(2)) under the program.
         ``(2) Form of assistance.--Assistance under the program 
     can take the form of grants, contracts, or cooperative 
     arrangements.
         ``(3) Applications.--Applicants shall submit proposals or 
     applications in such form, at such times, and containing such 
     information as the Director may require.
         ``(c) Implementation.--
         ``(1) Start-up phases.--For the first 3 fiscal years 
     beginning after the date of enactment of the Border 
     Infrastructure and Technology Integration Act of 2004, 
     assistance under the program shall be limited to institutions 
     of higher education located in States in which an institution 
     of higher education with a grant from, or a contract or 
     cooperative agreement with, the National Science Foundation 
     under section 113 of the National Science Foundation Act of 
     1988 (42 U.S.C. 1862) is located.
         ``(2) Subsequent fiscal years.--
         ``(A) In general.--Beginning with the 4th fiscal year 
     after the date of enactment of this Act, the Director shall 
     rank order the States (excluding any noncontiguous State (as 
     defined in section 2(14)) other than Alaska, Hawaii, the 
     Commonwealth of Puerto Rico, and the Virgin Islands) in 
     descending order in terms of the average amount of funds 
     received by institutions of higher education (as that term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)) in each State that received financial 
     assistance in the form of grants, contracts, or cooperative 
     arrangements under

[[Page S9568]]

     this title during each of the preceding 3 fiscal years.
         ``(B) Allocation.--Beginning with the 4th fiscal year 
     after the date of enactment of this Act, assistance under the 
     program for any fiscal year is limited to institutions of 
     higher education located in States in the lowest third of 
     those ranked under subparagraph (A) for that fiscal year.
         ``(C) Determination of location.--For purposes of this 
     paragraph, an institution of higher education shall be 
     considered to be located in the State in which its home 
     campus is located, except that assistance provided under the 
     program to a division, institute, or other facility located 
     in another State for use in that State shall be considered to 
     have been provided to an institution of higher education 
     located in that other State.
         ``(D) Multiyear assistance.--For purposes of this 
     paragraph, assistance under the program that is provided on a 
     multi-year basis shall be counted as provided in each such 
     year in the amount so provided for that year.
         ``(d) Funding.--The Secretary shall ensure, subject to 
     the availability of appropriations, that up to 5 percent of 
     the amount appropriated for each fiscal year to the 
     Acceleration Fund for Research and Development of Homeland 
     Security Technologies established by section 307(c)(1) is 
     allocated to the program established by subsection (a).''.
         ``(e) Report.--The Secretary shall submit an annual 
     report to the appropriate congressional committees detailing 
     the funds expended for the Acceleration Fund for Research and 
     Development of Homeland Security technologies established by 
     section 307(c)(1).''.
         (b) Conforming Amendment.--The table of contents of the 
     Homeland Security Act of 2002 is amended by inserting after 
     the item relating to section 313 the following:
``Sec. 314. Competitive research program.''.


                           AMENDMENT NO. 4928

(Purpose: To provide a pilot program to extend the hours of commercial 
                operations at Santa Teresa, New Mexico)

         At the appropriate place, insert the following:

     SEC. ------. PILOT PROGRAM TO EXTEND CERTAIN COMMERCIAL 
                   OPERATIONS.

         (a) In General.--During fiscal year 2006, the 
     Commissioner shall extend the hours of commercial operations 
     at the port of entry located at Santa Teresa, New Mexico, to 
     a minimum of 16 hours a day.
         ``(B) Report.--The Commissioner shall submit a report to 
     the appropriate congressional committees not later than 
     September 30, 2006, with respect to the extension of hours of 
     commercial operations described in subsection (a). The report 
     shall include--
         ``(1) an analysis of the impact of the extended hours of 
     operation on the port facility, staff, and trade volume 
     handled at the port; and
         ``(2) recommendations regarding whether to extend such 
     hours of operation beyond fiscal year 2007.


                           AMENDMENT NO. 4932

  (Purpose: To establish a Domestic Nuclear Detection Office with the 
        Department of Homeland Security, and for other purposes)

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

               TITLE V--DOMESTIC NUCLEAR DETECTION OFFICE

     SEC. 501. ESTABLISHMENT OF DOMESTIC NUCLEAR DETECTION OFFICE.

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

            ``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

     ``SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.

       ``(a) Establishment.--There shall be established in the 
     Department of Homeland Security a Domestic Nuclear Detection 
     Office. The Secretary of Homeland Security may request that 
     the Secretaries of Defense, Energy, and State, the Attorney 
     General, the Nuclear Regulatory Commission, and the directors 
     of other Federal agencies, including elements of the 
     Intelligence Community, provide for the reimbursable detail 
     of personnel with relevant expertise to the Office.
       ``(b) Director.--The Office shall be headed by a Director 
     for Domestic Nuclear Detection, who shall be appointed by the 
     President.

     ``SEC. 1802. MISSION OF OFFICE.

       ``(a) Mission.--The Office shall be responsible for 
     coordinating Federal efforts to detect and protect against 
     the unauthorized importation, possession, storage, 
     transportation, development, or use of a nuclear explosive 
     device, fissile material, or radiological material in the 
     United States, and to protect against attack using such 
     devices or materials against the people, territory, or 
     interests of the United States and, to this end, shall--
       ``(1) serve as the primary entity in the United States 
     Government to further develop, acquire, and support the 
     deployment of an enhanced domestic system to detect and 
     report on attempts to import, possess, store, transport, 
     develop, or use an unauthorized nuclear explosive device, 
     fissile material, or radiological material in the United 
     States, and improve that system over time;
       ``(2) enhance and coordinate the nuclear detection efforts 
     of Federal, State, local, and tribal governments and the 
     private sector to ensure a managed, coordinated response;
       ``(3) establish, with the approval of the Secretary of 
     Homeland Security and in coordination with the Attorney 
     General and the Secretaries of Defense and Energy, additional 
     protocols and procedures for use within the United States to 
     ensure that the detection of unauthorized nuclear explosive 
     devices, fissile material, or radiological material is 
     promptly reported to the Attorney General, the Secretaries of 
     Defense, Homeland Security, and Energy, and other appropriate 
     officials or their respective designees for appropriate 
     action by law enforcement, military, emergency response, or 
     other authorities;
       ``(4) develop, with the approval of the Secretary of 
     Homeland Security and in coordination with the Attorney 
     General and the Secretaries of State, Defense, and Energy, an 
     enhanced global nuclear detection architecture with 
     implementation under which--
       ``(A) the Domestic Nuclear Detection Office will be 
     responsible for the implementation of the domestic portion of 
     the global architecture;
       ``(B) the Secretary of Defense will retain responsibility 
     for implementation of Department of Defense requirements 
     within and outside the United States; and
       ``(C) the Secretaries of State, Defense, and Energy will 
     maintain their respective responsibilities for policy 
     guidance and implementation of the portion of the global 
     architecture outside the United States, which will be 
     implemented consistent with applicable law and relevant 
     international arrangements;
       ``(5) conduct, support, coordinate, and encourage an 
     aggressive, expedited, evolutionary, and transformational 
     program of research and development efforts to prevent and 
     detect the illicit entry, transport, assembly, or potential 
     use within the United States of a nuclear explosive device or 
     fissile or radiological material;
       ``(6) support and enhance the effective sharing and use of 
     appropriate information generated by the intelligence 
     community, law enforcement agencies, counterterrorism 
     community, other government agencies, and foreign 
     governments, as well as provide appropriate information to 
     such entities;
       ``(7) further enhance and maintain continuous awareness by 
     analyzing information from all Domestic Nuclear Detection 
     Office mission-related detection systems; and
       ``(8) perform other duties as assigned by the Secretary.

     ``SEC. 1803. HIRING AUTHORITY.

       ``In hiring personnel for the Office, the Secretary of 
     Homeland Security shall have the hiring and management 
     authorities provided in section 1101 of the Strom Thurmond 
     National Defense Authorization Act for Fiscal Year 1999 (5 
     U.S.C. 3104 note; Public Law 105-261). The term of 
     appointments for employees under subsection (c)(1) of that 
     section may not exceed 5 years before granting any extension 
     under subsection (c)(2) of that section.

     ``SEC. 1804. TESTING AUTHORITY.

       ``(a) In General.--The Director shall coordinate with the 
     responsible Federal agency or other entity to facilitate the 
     use by the Office, by its contractors, or by other persons or 
     entities, of existing Government laboratories, centers, 
     ranges, or other testing facilities for the testing of 
     materials, equipment, models, computer software, and other 
     items as may be related to the missions identified in section 
     1802. Any such use of Government facilities shall be carried 
     out in accordance with all applicable laws, regulations, and 
     contractual provisions, including those governing security, 
     safety, and environmental protection, including, when 
     applicable, the provisions of section 309. The Office may 
     direct that private-sector entities utilizing Government 
     facilities in accordance with this section pay an appropriate 
     fee to the agency that owns or operates those facilities to 
     defray additional costs to the Government resulting from such 
     use.
       ``(b) Confidentiality of Test Results.--The results of 
     tests performed with services made available shall be 
     confidential and shall not be disclosed outside the Federal 
     Government without the consent of the persons for whom the 
     tests are performed.
       ``(c) Fees.--Fees for services made available under this 
     section shall not exceed the amount necessary to recoup the 
     direct and indirect costs involved, such as direct costs of 
     utilities, contractor support, and salaries of personnel that 
     are incurred by the United States to provide for the testing.
       ``(d) Use of Fees.--Fees received for services made 
     available under this section may be credited to the 
     appropriation from which funds were expended to provide such 
     services.

     ``SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTITIES AND 
                   FEDERAL AGENCIES.

       ``The authority of the Director under this title shall not 
     affect the authorities or responsibilities of any officer of 
     the Department of Homeland Security or of any officer of any 
     other Department or agency of the United States with respect 
     to the command, control, or direction of the functions, 
     personnel, funds, assets, and liabilities of any entity 
     within the Department of Homeland Security or any Federal 
     department or agency.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 103(d) of the Homeland Security Act of 2002 (6 
     U.S.C. 113(d)) is amended by adding at the end the following:

[[Page S9569]]

       ``(5) A Director of the Domestic Nuclear Detection 
     Office.''.
       (2) Section 302 of such Act (6 U.S.C. 182) is amended--
       (A) in paragraph (2) by striking ``radiological, nuclear''; 
     and
       (B) in paragraph (5)(A) by striking ``radiological, 
     nuclear''.
       (3) Section 305 of such Act (6 U.S.C. 185) is amended by 
     inserting ``and the Director of the Domestic Nuclear 
     Detection Office'' after ``Technology''.
       (4) Section 308 of such Act (6 U.S.C. 188) is amended in 
     each of subsections (a) and (b)(1) by inserting ``and the 
     Director of the Domestic Nuclear Detection Office'' after 
     ``Technology'' each place it appears.
       (5) The table of contents of such Act (6 U.S.C. 101) is 
     amended by adding at the end the following:

            ``TITLE XVIII--DOMESTIC NUCLEAR DETECTION OFFICE

``Sec. 1801. Domestic Nuclear Detection Office.
``Sec. 1802. Mission of office.
``Sec. 1803. Hiring authority.
``Sec. 1804. Testing authority.
``Sec. 1805. Relationship to other department entities and Federal 
              agencies.''.

     SEC. 502. TECHNOLOGY RESEARCH AND DEVELOPMENT INVESTMENT 
                   STRATEGY FOR NUCLEAR AND RADIOLOGICAL 
                   DETECTION.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Homeland Security, 
     the Secretary of the Department of Energy, the Secretary of 
     Defense, and the Director of National Intelligence shall 
     submit to Congress a research and development investment 
     strategy for nuclear and radiological detection.
       (b) Contents.--The strategy under subsection (a) shall 
     include--
       (1) a long-term technology roadmap for nuclear and 
     radiological detection applicable to the mission needs of the 
     Departments of Homeland Security, Energy, and Defense, and 
     the Office of the Director of National Intelligence;
       (2) budget requirements necessary to meet the roadmap; and
       (3) documentation of how the Departments of Homeland 
     Security, Energy, and Defense, and the Office of the Director 
     of National Intelligence will implement the intent of this 
     title.


                           AMENDMENT NO. 4933

    (Purpose: To provide for coordination between the Department of 
Homeland Security and the Department of Energy, and for other purposes)

       On page 44, lines 14 and 15, strike ``under any program 
     administered by the Department''.
       On page 44, lines 23 and 24, strike ``the Department's'' 
     and insert ``both the Department's and the Department of 
     Energy's''.
       On page 59, lines 12 and 13, strike ``The equipment may be 
     provided by the Megaports Initiative of the Department of 
     Energy.''.
       On page 59, line 17, insert ``(1) In general.--'' before 
     ``The''.
       On page 59, between lines 22 and 23, insert the following:
       (2) Coordination.--The Secretary shall coordinate with the 
     Secretary of Energy to--
       (A) provide radiation detection equipment required to 
     support the pilot-integrated scanning system established 
     pursuant to subsection (a) through the Department of Energy's 
     Second Line of Defense and Megaports programs; or
       (B) work with the private sector to obtain radiation 
     detection equipment that meets both the Department's and the 
     Department of Energy's technical specifications for such 
     equipment.


                    AMENDMENT NO. 4939, as modified

       On page 8, between lines 18 and 19, insert the following:
       (B) in subparagraph (E), by striking ``describe the'' and 
     inserting ``provide a strategy and timeline for conducting'';
       On page 8, line 19, strike ``(B)'' and insert ``(C)''.
       On page 8, line 21, strike ``(C)'' and insert ``(D)''.
       On page 8, line 23, strike ``(D)'' and insert ``(E)''.
       On page 20, line 12, strike ``may'' and insert ``shall''.
       On page 22, between lines 16 and 17, insert the following:
       (c) Training Partners.--In developing and delivering 
     training under the Program, the Secretary, in coordination 
     with the Maritime Administration of the Department of 
     Transportation, and consistent with section 109 of the 
     Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 
     note), shall--
       (1) work with government training facilities, academic 
     institutions, private organizations, employee organizations, 
     and other entities that provide specialized, state-of-the-art 
     training for governmental and non-governmental emergency 
     responder providers or commercial seaport personnel and 
     management; and
       (2) utilize, as appropriate, government training 
     facilities, courses provided by community colleges, public 
     safety academies, State and private universities, and other 
     facilities.
       On page 22, line 20, strike ``may'' and insert ``shall''.
       (d) Definitions.--On page 7, line 4, strike ``labor 
     dispute,''.


                    AMENDMENT NO. 4946, AS MODIFIED

       At the appropriate place, insert the following:

     SEC. ___. SECURITY PLAN FOR ESSENTIAL AIR SERVICE AIRPORTS.

       (a) In General.--Not later than 60 days after the date of 
     the enactment of this Act, the Assistant Secretary for the 
     Transportation Security Administration shall submit to 
     Congress a security plan for Essential Air Service airports 
     in the United States.
       (b) Elements of Plan.--The security plan required by 
     subsection (a) shall include the following:
       (1) Recommendations for improved security measures at such 
     airports.
       (2) Recommendations for proper passenger and cargo security 
     screening procedures at such airports.
       (3) A timeline for implementation of recommended security 
     measures or procedures at such airports.
       (4) Cost analysis for implementation of recommended 
     security measures or procedures at such airports.


                    AMENDMENT NO. 4950, AS MODIFIED

       On page 27, between lines 20 and 21, insert the following:
       (h) Intermodal Rail Radiation Detection Test Center.--
       (1) Establishment.--In accordance with subsection (b), and 
     in order to comply with this section, the Secretary shall 
     establish Intermodal Rail Radiation Detection Test Centers 
     (referred to in this subsection as the ``Test Centers'').
       (2) Projects.--The Secretary shall conduct multiple, 
     concurrent projects at the Test Centers to rapidly identify 
     and test concepts specific to the challenges posed by on-dock 
     rail.
       (3) Location.--The Test Centers shall be located within 
     public port facilities which have a significant portion of 
     the containerized cargo directly laden from (or unladen to) 
     on-dock, intermodal rail, including at least one public port 
     facility at which more than 50 percent of the containerized 
     cargo is directly laden from (or unladen to) on-dock, 
     intermodal rail.


                           AMENDMENT NO. 4949

       On page 29, line 6, insert ``ferry operators and'' after 
     ``with''.


                           AMENDMENT NO. 4951

  (Purpose: To require disclosures regarding homeland security grants)

       At the appropriate place, insert the following:

     SEC. __. DISCLOSURES REGARDING HOMELAND SECURITY GRANTS.

       (a) Definitions.--In this section:
       (1) Homeland security grant.--The term ``homeland security 
     grant'' means any grant made or administered by the 
     Department, including--
       (A) the State Homeland Security Grant Program;
       (B) the Urban Area Security Initiative Grant Program;
       (C) the Law Enforcement Terrorism Prevention Program;
       (D) the Citizen Corps; and
       (E) the Metropolitan Medical Response System.
       (2) Local government.--The term ``local government'' has 
     the meaning given the term in section 2 of the Homeland 
     Security Act of 2002 (6 U.S.C. 101).
       (b) Required Disclosures.--Each State or local government 
     that receives a homeland security grant shall, not later than 
     12 months after the later of the date of enactment of this 
     Act and the date of receipt of such grant, and every 12 
     months thereafter until all funds provided under such grant 
     are expended, report to the Secretary a list of all 
     expenditures made by such State or local government using 
     funds from such grant.

                           Amendment No. 4953

   (Purpose: To provide for additional security relating to foreign 
            vessels working on the outer Continental Shelf)

       On page 18, before line 16, insert the following:

     SEC. 107. NOTICE OF ARRIVAL FOR FOREIGN VESSELS ON THE OUTER 
                   CONTINENTAL SHELF.

       (a) Notice of Arrival.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary is directed 
     to update and finalize its rulemaking on Notice of Arrival 
     for foreign vessels on the outer Continental Shelf.
       (b) Content of Regulations.--The regulations promulgated 
     pursuant to paragraph (1) shall be consistent with 
     information required under the Notice of Arrival under 
     section 160.206 of title 33, Code of Federal Regulations, as 
     in effect on the date of the enactment of this Act.


                     amendment to 4954, as modified

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

     SEC. 233. INTERNATIONAL SHIP AND PORT FACILITY SECURITY CODE.

       (a) Finding.--Congress finds that the Coast Guard, with 
     existing resources, is able to inspect foreign countries no 
     more frequently than on a 4 to 5 year cycle.
       (b) In General.--
       (1) Resources to complete initial inspections and 
     validation.--The Commandant of the Coast Guard shall increase 
     the resources dedicated to the International Port Inspection 
     Program and complete inspection of all foreign countries that 
     trade with the United States, including the validation of 
     compliance of such countries with the International Ship and 
     Port Facility Security

[[Page S9570]]

     Code, not later than December 31, 2008. If the Commandant of 
     the Coast Guard is unable to meet this objective, the 
     Commandant of the Coast Guard shall report to Congress on the 
     resources needed to meet the objective.
       (2) Reinspection and validation.--The Commandant of the 
     Coast Guard shall maintain the personnel and resources 
     necessary to maintain a schedule of re-inspection of foreign 
     countries every 2 years under the International Port 
     Inspection Program.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Coast Guard such sums as are 
     necessary to carry out the provisions of this section, 
     subject to the availability of appropriations.


                           amendment no. 4955

   (Purpose: To include the Transportation Technology Center in the 
               National Domestic Preparedness Consortium)

       At the appropriate place, insert the following:

     SEC. __. INCLUSION OF THE TRANSPORTATION TECHNOLOGY CENTER IN 
                   THE NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

       The National Domestic Preparedness Consortium shall include 
     the Transportation Technology Center in Pueblo, Colorado.


                    amendment no. 4959, as modified

       At the appropriate place, insert the following:

     SEC. __. TRUCKING SECURITY.

       (a) Legal Status Verification for Licensed United States 
     Commercial Drivers.--Not later than 12 months after the date 
     of the enactment of this Act, the Secretary of 
     Transportation, in cooperation with the Secretary of Homeland 
     Security, shall issue regulations to implement the 
     recommendations contained in the memorandum of the Inspector 
     General of the Department of Transportation issued on June 4, 
     2004 (Control No. 2004-054).
       (b) Commercial Driver's License Anti-Fraud Programs.--Not 
     later than 12 months after the date of the enactment of this 
     Act, the Secretary of the Transportation, in conjunction with 
     the Secretary of the Department of Homeland Security, shall 
     issue a regulation to implement the recommendations contained 
     in the Report on Federal Motor Carrier Safety Administration 
     Oversight of the Commercial Driver's License Program (MH-
     2006-037).
       (c) Verification of Commercial Motor Vehicle Traffic.--
       (1) Guidelines.--Not later than 12 months after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     shall draft guidelines for Federal, State, and local law 
     enforcement officials, including motor carrier safety 
     enforcement personnel, to improve compliance with Federal 
     immigration and customs laws applicable to all commercial 
     motor vehicles and commercial motor vehicle operators engaged 
     in cross-border traffic.
       (2) Verification.--Not later than 12 months after the date 
     of the enactment of this Act, the Administrator of the 
     Federal Motor Carrier Safety Administration shall modify the 
     final rule regarding the enforcement of operating authority 
     (Docket No. FMCSA-2002-13015) to establish a system or 
     process by which a carrier's operating authority can be 
     verified during a roadside inspection.


                           AMENDMENT NO. 4964

 (Purpose: To extend the requirement for air carriers to honor tickets 
                  for suspended air passenger service)

       At the appropriate place, insert the following:

     SEC. ------. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO 
                   HONOR TICKETS FOR SUSPENDED AIR PASSENGER 
                   SERVICE.

       Section 145(c) of the Aviation and Transportation Security 
     Act (49 U.S.C. 40101 note) is amended by striking ``November 
     19, 2005.'' and inserting ``November 30, 2007.''.


                           AMENDMENT NO. 4976

    (Purpose: To protect commercial aircraft from the threat of Man-
                     Portable Air Defense Systems)

       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.


                    AMENDMENT NO. 4985, as modified

       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 and 2008 for operating 
     expenses of the Northern Border Air Wing--$40,000,000 for the 
     branch in Great Falls, Montana.


                    AMENDMENT NO. 4988, AS MODIFIED

       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.

[[Page S9571]]

       (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 
     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, 
     Senate Committee on Finance, the House of Representatives 
     Committee on Transportation and Infrastructure, the House of 
     Representatives Committee on Homeland Security and the House 
     of Representatives Committee on Ways and Means 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.

[[Page S9572]]

     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.
     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

[[Page S9573]]

     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.''.


                           AMENDMENT NO. 5000

       (Purpose: To conduct a study to identify redundancies and 
      inefficiencies in connection with Federal background checks)

       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 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.


                     AMENDMENT NO. 4947 as modified

       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. Definitions.

     SEC. --02. EMERGENCY SERVICE.

       (a) 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.
       (b) 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.
       (c) 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.
       (d) 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 2005, 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;
       ``(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 2005.
       ``(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. DEFINITIONS.

       (a) In General.--For purposes of this title:

[[Page S9574]]

       (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.

  Mr. STEVENS. Mr. President, there may be statements that Senators 
wish to have printed in the Record. I ask unanimous consent that it be 
in order that they be printed in the Record prior to the adoption of 
any of these amendments I have just presented.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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