[Congressional Record (Bound Edition), Volume 152 (2006), Part 13]
[Senate]
[Pages 17592-17602]
[From the U.S. Government Publishing Office, www.gpo.gov]




             SECURITY AND ACCOUNTABILITY FOR EVERY PORT ACT

  The PRESIDENT pro tempore. Under the previous order, the Senate will 
resume consideration of H.R. 4954, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 4954) to improve maritime and cargo security 
     through enhanced layered defenses, and for other purposes.

  The PRESIDENT pro tempore. Who seeks recognition?
  The Senator from Maine.
  Ms. COLLINS. Mr. President, for the information of our colleagues, I 
thought I would describe how we are going to be proceeding today. 
Shortly, the President pro tempore, who is the comanager of the bill, 
will be making his opening statement. It is my understanding he will 
then move to lay down an amendment offered by Senator DeMint and a 
substitute amendment offered by Senator Inouye relating to the WARN 
Act, which is a Commerce Committee bill. We will not be voting on that 
amendment today, it is my understanding, under the agreement that has 
been previously reached.
  We are open for business on other amendments for Members who may come 
to the floor or Members who wish to speak on this bill.
  Thank you, Mr. President.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDENT pro tempore. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Isakson). Without objection, it is so 
ordered.
  Mr. STEVENS. Mr. President, as we all know, Monday marks the fifth 
anniversary of September 11 and the terrorist attacks against this 
country. Shortly after those attacks, during the 107th Congress, the 
President signed into law the Maritime Transportation Security Act of 
2002, which was developed by our Commerce Committee to enhance our 
country's maritime security. Since then, our Commerce Committee has 
worked as hard as possible to pass and implement a number of 
initiatives which have made our ports and borders more secure.
  Today we take up the Port Security Improvement Act of 2006. This bill 
marks the first time three Senate committees have merged their 
collective expertise and crafted a truly comprehensive approach to port 
security. A bipartisan group of members from the Commerce Committee, 
the Finance Committee, and the Homeland Security and Governmental 
Affairs Committee have worked together for several months on this bill.
  As I know the Senate will realize, these three committees each have 
tremendous knowledge about our ports and programs which protect and 
secure our international supply chain. I believe it is a credit to the 
Senate that each committee agreed to pool their resources, put aside 
jurisdictional issues, and reach a consensus on this bill.
  When enacted, this bill will strengthen our land and sea ports, 
improve our maritime transportation security strategy, and enhance 
communication between the Department of Homeland Security and 
transportation security stakeholders.
  It includes a plan to get our trade activities up and running again 
in the event of a transportation security incident. And it creates a 
pilot program which will study the feasibility of scanning each of the 
containers--100 percent of the containers--entering our ports.
  Mr. President, I spent considerable time in the last couple of years 
examining our ports, and particularly the west coast, which is really 
sort of the domain I know best. When I was a boy, the Port of Los 
Angeles was three separate Ports of San Pedro, Long Beach, and Los 
Angeles. The Port of Los Angeles is now an enormous area. Forty percent 
of the seaborne trade of the U.S. comes through the Port of Los 
Angeles, the Port of San Francisco, and of course, the Port of Seattle, 
which is the home of our colleague, Senator Murray, but also is sort of 
the stepping stone into my State of Alaska. It is a dynamic port and 
one that has been experimenting to a great extent on how to bring about 
container inspection, container scanning.
  I personally went through each of the ports to see what was being 
done. There are still a great many problems. I must say that the people 
operating the ports, including those who are really the working people, 
have gone out of their way to try to make certain that those ports are 
safe and secure and that the containers are, in fact, scanned to the 
best extent possible now. But we want to do this pilot program to see 
if it is possible to tell our people that 100 percent of the containers 
coming into the country are scanned.
  This legislation will enhance the collection and analysis of 
information about cargo destined for our ports. Those in the shipping 
industry are our eyes and ears with respect to security, and this bill 
aims to increase awareness of the operations at domestic and foreign 
ports. Once those in industry share important information about cargo 
in the international supply chain, we must analyze it quickly. This 
legislation expedites that process and ensures it begins earlier in the 
supply chain--before containers even reach our shores. This act 
requires information about cargo be provided and analyzed before the 
cargo is loaded on a vessel in a foreign port and shipped here. That 
will be a significant change.
  This bill also expands several initiatives with a proven track record 
of success. There are currently five interagency operations centers up 
and running throughout our country. These centers bring together 
Federal, state, and local security enforcement officials to ensure 
communication among them. This act expands this effort to each of the 
major seaports, and places the Coast Guard in charge of these centers.
  This act also builds upon the Department of Homeland Security's past 
cooperation with foreign governments. The Container Security 
Initiative, CSI, contained within this bill enables the department, 
working in partnership with host government customs services, to 
examine high-risk containerized cargo at foreign seaports before it is 
loaded on vessels destined for the United States.
  The Customs-Trade Partnership Against Terrorism, C-TPAT, a voluntary 
public-private partnership, is also strengthened in this bill. The 
Commissioner of Customs and Border Protection will now be able to 
certify that a business's supply chain is secure from the point of 
manufacture to the product's final U.S. destination. Under this 
legislation, whether cargo crosses our border at Laredo or arrives on a 
ship from Hong Kong, participating companies' supply chains will 
undergo a thorough security check. This will add another layer of 
security to the C-TPAT initiative. Since this is a voluntary system, we 
have also included provisions which encourage those in industry to go 
above and beyond the security requirements already in place. These new 
incentives include expedited clearance of cargo.
  Mr. President, while I was disappointed earlier this year by the 
negative public reaction to foreign investment in our Nation's port 
terminals, we learned a great deal from hearings held by the Commerce 
Committee on this matter. As a result of those hearings, this bill 
requires DHS to conduct background checks on all port personnel. 
Current law only requires the Transportation Security Administration to 
perform checks on those workers directly tied to transportation at the 
port, or involved in its security. From the Commerce Committee 
hearings, it was evident that a more stringent requirement was needed, 
and it is in the bill.
  The events of September 11, 2001, forever altered the course of our 
Nation. Senator Inouye and I traveled to ground zero shortly after the 
attacks. It was a sad and terrible sight. It was also a stark reminder 
that we must do everything possible to prevent those who wish to harm 
Americans from carrying out their missions.
  To prevent future attacks, we must secure our ports, and this bill is 
a

[[Page 17593]]

major step forward in this effort. Senator Inouye, my co-chairman on 
the Commerce Committee, and I thank Senators Grassley, Baucus, Coleman, 
Collins and Lieberman for their leadership in drafting this bill. I 
would also like to thank the staff members on each of the committees; 
they have worked tirelessly on this bill.
  Each of the committees involved in this bill has jurisdiction over an 
area vital to the safety of our ports. The Commerce Committee oversees 
issues related to the shipping industry, transportation security, and 
the Coast Guard. The Finance Committee oversees international trade and 
customs. And greater security of our ports and borders is central to 
the Homeland Security Committee's mission. Working together, our three 
committees have developed a comprehensive bill which will help shield 
our Nation from future terrorist attacks. It is my hope our colleagues 
will support this act and move quickly to pass this bill.
  I ask unanimous consent to have printed in the Record following my 
statement a summary of the bill prepared by Ken Nahigian, who sits next 
to me and is counsel for our Commerce Committee.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

         Summary of Bill: Port Security Improvement Act of 2006


              title I: Security of United States Seaports

     Subtitle A: General Provisions
       Section 101: Area maritime transportation security plan to 
     include salvage response plan. Ensures that following a 
     maritime transportation security incident waterways are 
     cleared, salvage equipment is identified, and the flow of 
     commerce is reestablished.
       Section 102: Requirements relating to maritime facility 
     security plans. Authorizes qualified individuals to implement 
     Department of Homeland Security (DHS) approved security plans 
     for a maritime facility.
       Section 103: Unannounced inspections of maritime 
     facilities. Verifies the effectiveness of facility security 
     plans on a periodic basis, including at least one unannounced 
     inspection annually.
       Section 104: Transportation security card deadline. 
     Establishes a timeframe for Transportation Worker 
     Identification Credential (TWIC) implementation at all U.S. 
     seaports. Requires DHS to process applications simultaneously 
     for individuals needing both TWIC and merchant mariner 
     documents.
       Section 105: Long-range vessel tracking. Encourages DHS to 
     issue regulations to establish a voluntary long-range 
     automated vessel tracking system for select vessels.
       Section 106: Establishment of interagency operational 
     centers for port security. Expands existing interagency 
     operational/fusion centers to all high-priority ports within 
     three years to facilitate coordination and communication 
     among Federal, State, local and private sector stakeholders. 
     Requires DHS to submit a budget and cost-sharing analysis to 
     Congress within 180 days of this Act.
     Subtitle B: Grant and Training Programs
       Section 111: Port security grants. Requires DHS to allocate 
     grants based on risk to port authorities, facility operators, 
     and State and local government agencies to enhance port 
     security activities. Authorizes appropriations of $400 
     million.
       Section 112: Port security training program. Allows 
     establishment of a training program for seaports' prevention 
     of, preparation for, response to, and recovery from threats, 
     including terrorism, natural disasters and other emergencies. 
     The program would be coordinated with the Coast Guard.
       Section 113: Port security exercise program. Allows 
     creation of an exercise program to test and evaluate the 
     capabilities of Federal, State, local and other relevant 
     stakeholders to coordinate appropriate response and recovery 
     from threats at commercial seaports. The program would be 
     coordinated with the Coast Guard.
     Subtitle C: Port Operations
       Section 121: Domestic radiation detection and imaging. 
     Requires the Secretary to develop a strategy for deployment 
     of radiation detection capabilities and ensures that by 
     December 2007, all containers entering the U.S., through the 
     busiest 22 seaports, shall be examined for radiation. 
     Requires DHS to submit a report of the strategic plan 
     developed and to implement the strategy nationwide within 
     three years. Requires DHS to submit a separate plan for the 
     development of equipment to detect WMD threats at all U.S. 
     ports of entry.
       Section 122: Port security user fee study. Requires DHS to 
     study the need for and feasibility of oceanborne and port-
     related transportation security user fees to be collected for 
     funding port security improvements. Requires DHS to submit a 
     report detailing the results of the study, analysis of 
     current customs fees and duties collected that are dedicated 
     to security, comparison of comparable fees imposed in ports 
     of Canada and Mexico, assessment of the impact on 
     competitiveness of U.S. ports, and recommendations based on 
     findings.
       Section 123: Inspection of car ferries entering from 
     Canada: Requires DHS, in coordination with Department of 
     State, to develop a plan for the inspection of passengers and 
     vehicles before loading onto ferries bound for a U.S. port.
       Section 124: Random searches of containers. Requires DHS to 
     develop and implement a plan, within one year after 
     enactment, for random physical inspection of shipping 
     containers. Random searches would not preclude additional 
     container searches.
       Section 125: Work stoppages and employee-employer disputes. 
     Defines the term economic disruption, which does not include 
     a work stoppage or nonviolent employee related action not 
     related to terrorism and resulting from an employee-employer 
     dispute.


          Title II: Security of the International Supply Chain

     Subtitle A: General Provisions
       Section 201: Strategic plan to enhance the security of the 
     international supply chain. Requires DHS to develop, 
     implement and update a strategic plan to improve the security 
     of the international cargo supply chain. The plan would be 
     required to identify and address gaps, provide improvements 
     and goals, establish protocols for the resumptions of trade 
     including identification of the initial incident commander, 
     consider international standards for container security, and 
     allow for communication with stakeholders.
       Section 202: Post incident resumption of trade. Establishes 
     that following a maritime transportation security incident, 
     the initial incident commander and lead department carry out 
     the protocols of the international supply chain security 
     strategic plan. The Coast Guard would ensure the safe and 
     secure transit of vessels to U.S. ports. Preference would be 
     given to certain vessels and cargo (CSI/C-TPAT) in the 
     resumption of trade. The Secretary would ensure that there is 
     appropriate coordination among federal officials and 
     communication of revised procedures, not inconsistent with 
     security interests, to the private sector to provide for the 
     resumption of trade.
       Section 203: Automated targeting system (ATS). Requires DHS 
     to identify, and allows it to request the submission of, 
     additional data (non-manifest and entry data elements) of 
     container cargo moving through the international supply 
     chain. Data would be analyzed to identify high-risk cargo for 
     inspection. Authorization of appropriations to fund ATS for 
     FY 2007-2009.
       Section 204: Container security standards and procedures. 
     Requires DHS to promulgate a rule to establish minimum 
     standards and procedures for securing containers in transit 
     to the U.S. If the rulemaking deadline is not met, DHS would 
     have to provide a letter of explanatory rationale to 
     Congress. DHS and other federal agencies are encouraged to 
     promote international cargo security standards.
       Section 205: Container security initiative (CSI). 
     Authorizes CSI program to identify, examine or search 
     maritime containers before U.S.-bound cargo is loaded in a 
     foreign port. Designates foreign ports as part of the CSI 
     program based upon select criteria including risk, trade 
     volume and value of cargo, Coast Guard assessments, and the 
     commitment of the host nation to comply with data sharing 
     requirements. DHS would establish standards for the use of 
     nonintrusive imaging and radiation detection equipment at CSI 
     ports. DHS would also develop a plan to ensure adequate 
     staffing at CSI ports. Requires DHS to submit a report to 
     Congress on the effectiveness of, and need for improvements 
     to, CSI. Authorizes appropriations for FY 2008-2010.
     Subtitle B: Customs-Trade Partnership Against Terrorism (C-
         TPAT)
       Section 211: Establishment. Authorizes DHS to establish a 
     voluntary program (C-TPAT) to strengthen international supply 
     chain and border security, facilitate the movement of secure 
     cargo and provide benefits to eligible participants.
       Section 212: Eligible entities. Allows importers, customs 
     brokers, forwarders, air, sea, and land carriers, contract 
     logistics providers, and other entities in the international 
     supply chain and intermodal transportation system to apply 
     for this voluntary program.
       Section 213: Minimum requirements. Establishes minimum 
     security and other requirements that applicants must meet to 
     be eligible for C-TPAT.
       Section 214: Tier 1 participants in C-TPAT. Allows for 
     limited benefits for participants, which may include a 
     reduction of the ATS risk score, to those C-TPAT participants 
     that meet the minimum guidelines established. To the extent 
     practicable, DHS would complete the Tier 1 certification 
     process within 90 days of receipt of a candidate's 
     application.
       Section 215: Tier 2 participants in C-TPAT. Allows for an 
     additional level of benefits--reduced cargo examinations and 
     priority processing--to those participants who meet a higher 
     level of C-TPAT security requirements. DHS would be required 
     to validate the security measures and supply chain practices 
     of C-TPAT participants, including on-

[[Page 17594]]

     site assessments, within one year of certification.
       Section 216: Tier 3 participants in C-TPAT. Establishes a 
     third-tier of C-TPAT offering increased benefits to 
     participants that demonstrate a sustained commitment to 
     security based on certain criteria. Benefits may include, 
     among others, expedited release of cargo, further reduced 
     examinations, reduced bonding requirements, and notification 
     of specific alerts and post-incident procedures as well as 
     inclusion in joint incident management exercises, as 
     appropriate.
       Section 217: Consequences for lack of compliance. Allows 
     DHS to deny benefits in part or in whole, including 
     suspension or elimination for at least five years, of any 
     participant that fails to meet C-TPAT requirements or 
     knowingly provides false or misleading information: said 
     entities may appeal this decision.
       Section 218: Revalidation. Establishes a process for 
     revalidating C-TPAT participants in tiers 2 and 3 and 
     requires an annual plan for revalidation, detailing 
     performance measures and necessary personnel requirements.
       Section 219: Non-containerized cargo. Allows DHS to 
     consider including importers of noncontainerized cargo as 
     participants in C-TPAT, provided program requirements are 
     met.
       Section 220: C-TPAT program management. Requires DHS to 
     establish sufficient internal quality controls and record 
     management of C-TPAT including development of a strategic 
     plan to identify goals, annual plans to match resources with 
     workload, a standardized work program to monitor progress, a 
     record management system, and a data protection program.
       Section 221: Resource management staffing plan. Requires 
     development of a staffing plan to recruit, train and cross-
     train C-TPAT personnel.
       Section 222: Additional Personnel. Obliges DHS to increase, 
     by at least 50 positions annually for fiscal years 2007 
     through 2009, the number of personnel to validate and 
     revalidate C-TPAT members.
       Section 223: Authorization of appropriations. Authorizes 
     appropriations to Customs and Border Protection in DHS to 
     carry out the C-TPAT provisions of sections 211 through 221. 
     In addition to any monies appropriated to Customs and Border 
     Protection, there are authorized to be appropriated funds for 
     the purpose of meeting the staffing requirement provided in 
     section 222.
       Section 224: Report to Congress. Stipulates that DHS must 
     report on the progress of C-TPAT certifications, validations 
     and revalidations in conjunction with the President's annual 
     budget submission.
     Subtitle C: Miscellaneous Provisions
       Section 231: Pilot integrated scanning system. Develops a 
     pilot program in three foreign seaports, each with unique 
     features and varying levels of trade volume to test 
     integrated scanning systems using nonintrusive inspection and 
     radiation detection equipment. Requires full-scale pilot 
     implementation within one year after enactment. An evaluation 
     report would be required to be submitted to Congress 120 days 
     after full implementation of the pilot.
       Section 232: International cooperation and coordination. 
     Allows DHS to provide assistance, equipment and training to 
     facilitate the implementation of supply chain security 
     measures at CSI designated ports. Requires DHS to identify 
     foreign assistance programs to encourage implementation of 
     port security antiterrorism measures at foreign ports, with 
     particular emphasis on foreign ports in the Caribbean Basin. 
     Requires GAO to submit a report on the security of Caribbean 
     ports within 180 days.


                       Title III: Administration

       Section 301: Office of Cargo Security Policy. Establishes 
     an office within DHS to coordinate all cargo security policy 
     within the Department, coordinate DHS cargo security policies 
     with policies of other executive agencies, consult with 
     stakeholders, establish standards, and promote best 
     practices.
       Section 302: Reauthorization of Homeland Security Science 
     and Technology Advisory Committee. Authorizes the Assistant 
     Secretary for Science and Technology to utilize the Homeland 
     Security Science and Technology Advisory Committee to provide 
     outside expertise in advancing cargo security technology.
       Section 303: Research, development, test, and evaluation 
     efforts in furtherance of maritime and cargo security. 
     Assures coordination within DHS and with other public and 
     private sector entities for research and development of 
     maritime and cargo security innovations.


                Title IV: Agency Resources and Oversight

       Section 401: Office of International Trade. Creates within 
     the Bureau of Customs and Border Protection (CBP), an Office 
     of International Trade. Establishes an International Trade 
     Policy Committee to assist in coordinating with the DHS 
     Assistant Secretary for Policy regarding commercial customs 
     and trade facilitation functions. Establishes an 
     International Trade Finance Committee to coordinate and 
     oversee the implementation of programs involved in the 
     assessment and collection of duties on U.S. imported and 
     exported cargo.
       Section 402: Resources. Requires CBP to complete a resource 
     allocation model, by June 2007 and every 2 years thereafter, 
     to determine optimal staffing for commercial and revenue 
     functions. Requires submission of models of Congress. 
     Authorizes appropriations to increase the number of CBP 
     personnel to perform commercial operations and customs 
     revenue functions: new hires would be based upon 
     aforementioned models and additional authorized 725 CBP 
     officers.
       Section 403: Negotiations. Requires DHS to work with 
     appropriate Federal officials and international organizations 
     to harmonize customs procedures, standards, requirements and 
     commitments to facilitate the efficient flow of international 
     trade.
       Section 404: International Trade Data System (ITDS). 
     Requires the Secretary of the Treasury to oversee the 
     establishment of an electronic trade data interchange system 
     to eliminate redundant information requirements, to 
     efficiently regulate the flow of commerce and enforce 
     regulations relating to international trade. All Federal 
     agencies that require documentation for clearing or licensing 
     the importation and exportation of cargo shall participate in 
     the ITDS, unless based on national security interests, the 
     Office of Management and Budget (OMB) waives the 
     participation requirement. Establishes an Interagency 
     Steering Committee to define the standard set of data 
     elements to be collected, stored and shared in the ITDS: said 
     committee would submit a report to Congress before the end of 
     each fiscal year.
       Section 405: In-bond cargo. Requires DHS to submit a report 
     to Congress including analysis of various aspects of in-bond 
     cargo, such as tracking, technologies, evaluation criteria 
     for targeting and examining in-bond cargo and the feasibility 
     of reducing the transit time for in-bond shipments.
       Section 406: Sense of the Senate. Delineates elements of 
     the bill that shall not affect the jurisdiction of standing 
     Senate committees.

  Mr. STEVENS. Mr. President, I thank Senator Collins and Senator 
Grassley for their cooperation, and our counterparts on the other side 
of the aisle, my colleagues Senator Inouye, Senator Murray, and Senator 
Baucus, those who are working with us to move this bill as quickly as 
possible.
  I yield the floor.
  The PRESIDING OFFICER. Who seeks recognition?


                           Amendment No. 4921

  Mr. STEVENS. Mr. President, I understand that there was a negotiation 
going on concerning an amendment that is before the Senate now. I have 
been asked to call up Senator DeMint's amendment. There is a 
negotiation going on concerning a possible modification of it. He 
called and asked that this be placed before the Senate. I wish to 
comply with his request.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens], for Mr. DeMint, 
     proposes an amendment numbered 4921.

  (The amendment is printed in the Record of Thursday, September 7, 
2006, under ``Text of Amendments.'')
  Mr. STEVENS. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. ALLARD. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Colorado is recognized.
  Mr. ALLARD. Mr. President, I understand there is a pending amendment. 
I ask unanimous consent that amendment be laid aside and that I be 
allowed to speak for 7 minutes in morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Allard are printed in today's Record under 
``Morning Business.'')
  Mr. ALLARD. Mr. President, I yield the floor, and I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. COLLINS. Mr. President, I ask unanimous consent that a summary of 
the Port Security Improvement Act of

[[Page 17595]]

2006 prepared by my staff be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

           The Port Security Improvement Act of 2006--Summary

       This legislation will provide the structure and the 
     resources needed to better protect the American people from 
     attack through our seaports that are both vulnerable points 
     of entry and vital centers of economic activity. Each year, 
     more than 11 million containers pass through the ports and 
     53,000 foreign-flagged vessels call at U.S. ports. This bill 
     is a comprehensive approach that addresses all major aspects 
     of maritime cargo security. The bill reflects not only 
     bipartisan consultation and support, but coordination among 
     the Senate Homeland Security, Commerce, and Finance 
     Committees.


  Department of Homeland Security (DHS) Must Establish Strategies and 
                               Standards

       Strategic Plan. The Secretary of Homeland Security must 
     develop a strategic plan to enhance international supply 
     chain security for all modes of transportation by which 
     containers arrive in, depart from or move through seaports of 
     the United States. The Secretary must clarify roles, 
     responsibilities, and authorities of all government agencies 
     at all levels and private sector stakeholders. The plan must 
     provide measurable goals for furthering the security of 
     commercial operations from point of origin to point of 
     destination, build on available resources and consider costs 
     and benefits; and identify response and recovery methods.
       Container Security Standards. Because container security 
     standards have languished at the Department of Homeland 
     Security (DHS), the legislation requires the Secretary to 
     establish minimum standards for the movement and storage of 
     containers within 180 days of the enactment of the bill. It 
     can base these regulations on its experience with the cargo 
     security programs that it currently operates. In addition, 
     the Secretary is directed to seek to establish international 
     standards through multilateral agreements or international 
     bodies.
       Resumption of Operations at Seaports. The Secretary shall 
     develop protocols for the resumption of trade in the event of 
     a security incident or a disruption to trade at seaports. To 
     handle the immediate response to an incident, the Secretary 
     must establish protocols that make clear who is the initial 
     incident commander and the lead agency that will execute and 
     coordinate the response so that there will be no confusion. 
     In reestablishing the flow of trade through U.S. ports, 
     preference shall be given to vessels with a valid security 
     plan that are manned with individuals who have undergone 
     background checks and are operated by validated C-TPAT 
     participants. Preference should be given to cargo that is 
     entering a U.S. port from a CSI port and handled by a 
     validated participant in C-TPAT.


                        Cargo Security Programs

       Improved Automated Targeting System. A critical component 
     of the targeting of cargo for inspection is the Automated 
     Targeting System. This computer-based system helps DHS to 
     determine which cargo presents a high security risk. The 
     legislation requires the Secretary to identify and seek the 
     submission of data related to the importation of cargo in 
     order to improve the targeting of high-risk cargo. It also 
     requires the Secretary to establish an independent review of 
     the system.
       Container Security Initiative (CSI). The bill establishes 
     CSI to identify and examine maritime containers that pose a 
     risk for terrorism at foreign ports in order to keep 
     potential threats far from America's shores. In CSI, U.S. 
     Customs and Border Protection (CBP) personnel work closely 
     with foreign government officials to target and inspect cargo 
     headed to the U.S. at foreign ports. Before the Secretary may 
     designate a foreign port under CSI, the Secretary must 
     conduct a full assessment of the risk of terrorists 
     compromising containers; the capabilities and level of 
     cooperation of the intended host country; and the potential 
     for validation of security practices by the Department.
       Customs-Trade Partnership Against Terrorism (C-TPAT). This 
     legislation establishes the C-TPAT program to strengthen and 
     improve the overall security of the international supply 
     chain. This voluntary program encourages participants to take 
     steps to ensure that their supply chains are secure. Based on 
     a participant's efforts in the program, they are placed on 
     one of three tiers. The legislation requires the Secretary to 
     validate the supply chain security practices of each 
     participant and offer benefits to participants based on their 
     levels of certification and validation.
       C-TPAT Top Tier. The top tier (Tier 3) or GreenLane status 
     for C-TPAT participants provides the highest level of 
     benefits, which may include the following: reduced 
     examinations, priority examinations and searches, and the 
     expedited release of cargo during all threat levels.
       Uniform Data for Government-Wide Usage. To simplify the 
     filing of documentation needed to import cargo and facilitate 
     the compilation of data, the Secretary of Treasury shall 
     complete the implementation of the International Trade Data 
     System, a single, uniform data system for the electronic 
     collection, dissemination, and sharing of import and export 
     information.
       Radiation Detection and Radiation Safety. Radiation 
     detection equipment is critical to ensuring that no 
     radiological device leaves a U.S. port. The bill directs the 
     Secretary of DHS to install radiation portal monitors at the 
     22 largest U.S. ports by the end of 2007. This will cover 98 
     percent of incoming container traffic.
       100 Percent Scanning Pilot Program. The Secretary shall 
     establish a pilot program at three foreign ports to test the 
     practicality and effectiveness of systems designed to scan 
     100 percent of cargo. The scanning systems must couple non-
     intrusive imaging and radiation detection equipment.
       In-Bond Cargo. Cargo that travels in-bond through the U.S. 
     from the ports is a major vulnerability because the final 
     destination of the cargo is not known. The bill requires a 
     report on in-bond cargo that would include whether additional 
     information should be required for in-bond cargo, a plan for 
     tracking in-bond cargo in the to-be-developed ACE system, and 
     an assessment of how to ensure 100 percent reconciliation 
     between the port of arrival and destination.


              Resources and Coordination for Port Security

       Port Security Grants and Training. The bill establishes 
     risk-based grants, training, and exercises for port security. 
     The legislation authorizes $400 million in appropriations for 
     port security grants.
       Office of Cargo Security Policy. This legislation 
     establishes within the Department of Homeland Security an 
     Office of Cargo Security Policy to coordinate department-wide 
     efforts regarding cargo security policies and programs.
       Interagency Operations Centers. The bill directs the 
     Secretary to establish Interagency Operation Centers for 
     Maritime and Cargo Security at all high-priority ports to 
     enhance information sharing and facilitate day-to-day 
     operational coordination, and incident management and 
     response between agencies. The agencies at the operations 
     centers include the Coast Guard, CBP, the FBI, Department of 
     Defense, state and local law enforcement or port security 
     personnel, and private sector stakeholders, as the Secretary 
     determines is appropriate.
       Research. Development, Test and Evaluation (RDT&E). The 
     Secretary must direct RDT&E efforts in furtherance of 
     maritime and cargo security, encourage the ingenuity of the 
     private sector in developing and testing such technologies, 
     and evaiuate such technologies. The Secretary shall ensure 
     all Department RDT&E efforts are coordinated to avoid 
     duplicative efforts and share results.

  Ms. COLLINS. Mr. President, one of the issues that will undoubtedly 
come up during the debate on the port security bill has to do with the 
scanning of containers. Some people have asked: Why don't we scan 100 
percent of the 11 million containers coming into this country? And the 
answer is simply that it is not practical with the current technology. 
The bill that is before us authorizes three pilot projects in three 
foreign ports where we would take a look at the feasibility and 
practicality and the implications of 100 percent scanning.
  There is 100 percent screening. There is a difference between 
screening a container, which means gathering information on each and 
every container and doing a sophisticated computer analysis to 
determine which are of higher risk, versus scanning each container with 
an x-ray-type machine or some other method or a physical inspection.
  The problem of trying to scan 100 percent of all containers is best 
summed up by a letter that we recently received from the Supply Chain 
Security Coalition. This is a coalition of some of the largest and most 
knowledgeable stakeholders in the supply chain's system, including the 
Retail Industry Leaders Association.
  The letter says:

       One hundred percent scanning proposals and amendments 
     advocating such a proposal could potentially actually 
     decrease security by forcing containers to sit for extended 
     periods of time, putting them at greater risk of tampering, 
     and would divert resources away from the current risk 
     assessment approach. In addition--

And this is the key point--

     such a mandate has the potential to significantly impede the 
     flow of commerce and damage the U.S. and global economy.

  Mr. President, I ask unanimous consent that the full text of that 
letter be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:


[[Page 17596]]


     Hon. Susan Collins,
     U.S. Senate,
     Washington, DC.
       Dear Senator Collins: On behalf of the Retail Industry 
     Leaders Association, I am writing to urge you to support 
     strong and carefully crafted port security legislation that 
     builds on the current multilayered, risk assessment approach 
     that has effectively protected our nation's seaports over the 
     last several years. I also urge you, in the strongest terms 
     possible, to oppose any legislation that would require all 
     U.S. bound cargo containers to be ``scanned'' for radiation 
     and density, so called 100% scanning legislation. While we 
     strongly support improving the security of our nation's 
     seaports, 100% scanning proposals have the potential to do 
     more harm than good.
       The Retail Industry Leaders Association (RILA) is the trade 
     association of the largest and fastest growing companies in 
     the retail industry. Its members include retailers, product 
     manufacturers, and service suppliers, which together account 
     for more than $1.5 trillion in annual sales. RILA members 
     operate more than 100,000 stores, manufacturing facilities 
     and distribution centers, have facilities in all 50 states, 
     and provide millions of jobs domestically and worldwide.
       We understand that key committees in the Senate has come to 
     an agreement on a port security bill that may be taken up as 
     soon as tomorrow, September 8th, 2006, and that the 
     legislation is based on provisions from earlier bills drafted 
     in the Homeland Security & Government Affairs Committee, the 
     Commerce, Transportation and Infrastructure Committee and the 
     Finance Committee. Each of those bills contain important 
     provisions that will help improve our nation's port security 
     laws by building upon and recognizing the effectiveness of 
     the well-established security measures our government 
     currently has in place. RILA supports legislation that builds 
     upon this proven approach, which is why we worked to help 
     pass port security legislation in the House, H.R. 4954, The 
     SAFE Ports Act. It is our hope that the Senate bill will 
     closely mirror the House legislation, which received 
     overwhelming bipartisan support.
       However, I also strongly urge you to oppose any legislation 
     that would require that all U.S. bound cargo containers be 
     scanned for radiation and density, so called ``100% 
     scanning'' amendments. Such proposals may at first glance 
     appear to improve security, but in reality, they would impose 
     immense costs on our economy and foreign relations without 
     improving the security of our international trading systems.
       First, a 100% scanning mandate is unrealistic since the 
     technology does not yet exist to do this efficiently and with 
     a high degree of accuracy. We are not aware of any credible 
     technology to actually analyze the millions of density images 
     that would be taken of outbound cargo containers, meaning 
     such images would have to be reviewed one by one by a port 
     official or Customs officer. Second, this mandate could 
     actually decrease security by forcing containers to sit for 
     extended periods of time, putting them at greater risk of 
     tampering.
       In addition, forcing all containers to be scanned--
     including the vast majority of those that pose no risk--would 
     divert scarce security resources away from the successful 
     risk assessment approach currently utilized by the 
     government. This approach uses sophisticated risk-analysis 
     tools to determine which containers pose a risk and ensures 
     those containers are handled appropriately. It is important 
     for Senators to remember that the Department of Homeland 
     Security currently uses a risk-based targeting approach to 
     inspect inbound cargo. All cargo manifests are submitted at 
     least 24 hours prior to loading on a vessel and the Automated 
     Targeting System (ATS) uses complex, rule-based formulas to 
     assign a numerical score and identify at-risk containers. CBP 
     then inspects 100% of all containers deemed high-risk.
       Finally, a 100% scanning mandate has the potential to 
     significantly impede the flow of commerce and do damage to 
     the economy. According a June 2006 study conducted by the 
     RAND Corporation, 100% scanning would delay the movement 
     cargo containers by 5.5 hours per container. With 11 to 12 
     million containers entering the U.S. every year, it is 
     obvious that of 100% scanning mandate would bring global 
     commerce and the flow goods to a virtual standstill. This 
     would severely damage the U.S. economy, not only by denying 
     consumers access to thousands of products they need, but also 
     by preventing the delivery of material and other inputs that 
     U.S. manufactures need.
       Rather than mandating 100% scanning, port security 
     legislation should authorize additional testing and 
     evaluation of scanning technology. Several of the relevant 
     port security bills address this issue by calling for pilot 
     projects and other evaluations to test the effectiveness and 
     operational capability to conduct increased container 
     scanning, including the ``GreenLane Maritime Cargo Security 
     Act'' passed by the Senate Homeland Security Committee and 
     the House SAFE Ports Act. These provisions represent the best 
     way to address this issue and answer important operational 
     and economic questions critical to understanding how to 
     effectively implement container scanning.
       Retail companies are among the largest and most 
     knowledgeable stakeholders in the supply chain system and 
     administer the most extensive and efficient logistics 
     operations in the world. The industry has worked hand-in-hand 
     with the Department of Homeland Security (DHS), and 
     specifically with the Coast Guard and Customs and Border 
     Protection to ensure that our customers, employees, and the 
     nation's seaports remain safe and that the nation's economy 
     remains strong. We take a back seat to no industry in our 
     support for strong and carefully crafted port security 
     legislation, and we urge the Senate to move quickly to pass 
     such a bill as soon as possible.
       Thank you for your consideration of our views. We look 
     forward to working with you on this critically important 
     issue. Should you have any questions, please contact Paul T. 
     Kelly, Senior Vice President for Government Affairs or Allen 
     Thompson, Vice President for Global Supply Chain Policy.
           Sincerely,
                                                    Sandy Kennedy,

                                                        President.

  Ms. COLLINS. Mr. President, what we have tried to do with this bill 
is very carefully balance the need for effective, improved security 
with the need to ensure that we are not crippling our international 
trading system. We now have 11 million shipping containers coming into 
this country each year. This is a number that has grown substantially 
in recent years. We know each one has the potential to be the Trojan 
horse of the 21st century, to include not consumer goods but perhaps 
terrorists themselves, the makings of a dirty bomb, a chemical, 
biological, or even nuclear weapon.
  That is why the legislation that we have authored proposes a strong, 
effective, layered system of security. It focuses on the ports of 
origin. It focuses on each container to make sure that it is 
effectively evaluated, and it has a system for securing the entire 
supply chain that is called the C-TPAT system.
  The highest system of C-TPAT would be the GreenLane system, of which 
Senator Murray is the author.
  At that level, shippers would take steps to completely certify the 
security of their supply chain from the factory where the good is 
manufactured, all the way to the delivery to the retail store. Each 
step of the supply chain would be certified as secure. In return, those 
shippers or retailers that reach that highest level, the GreenLane, 
would be given certain benefits. Their cargo would be expedited. Their 
cargo would be subjected to fewer inspections. Their cargo would be 
released more quickly in the event of an attack on our ports.
  Our proposal addresses the people who work at our ports. It addresses 
the shipping containers. It addresses the ports themselves and other 
facilities. It takes the layered approach to security that is 
recommended by the 9/11 Commission.
  So I hope those of our colleagues who may be tempted to think that 
the answer to port security is to do an x-ray of each and every 
shipping container will take a closer look at the systems and the 
security that would be provided by our legislation and would consider 
the points that have been raised by the experts who point out the 
dangers in delaying the transit of shipping containers. It might 
actually decrease security rather than enhance it. And, also, that we 
have to strike that right balance so we do not significantly impede the 
flow of commerce and damage the U.S. and global economy.
  Just think how many farmers rely on our ports to ship their crops 
overseas. Think of how many factories and stores in our country rely on 
just-in-time inventory. If you are reliant on just-in-time inventory 
and your containers are delayed just 3 days, it can make a big 
difference to your operations. So we need to make sure that we strike 
the right balance.
  I think the bill before us, which has been carefully worked out by 
three committees, which has been in progress for years, does strike the 
right balance.
  The PRESIDING OFFICER. The Senator from Arizona.


                           Amendment No. 4922

  Mr. McCAIN. I call up amendment No. 4922 and ask for its immediate 
consideration. I ask unanimous consent the pending amendment be set 
aside.
  The PRESIDING OFFICER. Is there objection to setting aside the 
pending

[[Page 17597]]

amendment? Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Arizona [Mr. McCain], for himself, Ms. 
     Snowe, Mr. DeWine, Mr. Biden, and Mr. Lieberman, proposes an 
     amendment numbered 4922.

  Mr. McCAIN. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. McCAIN. Mr. President, I congratulate the distinguished chairman 
of the committee for the outstanding work that she and the ranking 
member, Senator Lieberman, have done in bringing forth this very 
important legislation. I believe the work that is done by these two 
Members of the Senate, in a bipartisan fashion, in order to better 
secure the safety of our citizens, is laudable and important. I 
congratulate them on this legislation that we are considering today.
  This amendment would ensure that in addition to our efforts to 
improve port security, we also address another critical transportation 
mode--rail transportation. I am pleased to be joined in this effort by 
Senators DeWine, Snowe, and Biden.
  Again, I want to say I am pleased the Senate has chosen to take up 
the Port Security Act of 2006 to protect our Nation's ports and 
waterways. I just listened carefully to the statement by the 
distinguished chairwoman of the committee, outlining both the threat 
and the way that this legislation will address these very important 
aspects of our Nation's security at our ports.
  I would also like to point out that the bill implements several 
recommendations from the 9/11 Commission's final report, including 
allocating security grants based on risk and comprehensive cargo 
screening. Additionally, the bill would establish an office within the 
Department of Homeland Security to coordinate all cargo security 
policy, develop a strategy for deployment of radiation detection 
capabilities in all ports, and establish a process to facilitate the 
movement of secure cargo from international ports to our ports without 
interrupting the international supply chain and delaying goods to 
consumers in the United States.
  Securing our ports is a crucial part of our efforts to protect 
Americans at home. The amendment I am offering today would complement 
the underlying legislation by providing essential funding and 
additional tools to strengthen our Nation's rail system.
  Two years ago the Senate passed by unanimous consent the Rail 
Security Act of 2004, legislation that was almost identical to the 
amendment I am offering today. Unfortunately, that bill died in the 
House of Representatives. Last year I reintroduced the legislation 
shortly after the London bombings of July 7 and language that is 
similar to the provisions of the Rail Security Act is in a title of the 
Transportation Security Bill that was reported by the Commerce 
Committee in February. I sincerely hope that we will once again pass 
this important legislation. Rail security must be made a top priority 
of this Congress.
  Look at the recent threats of attacks. We were all deeply saddened by 
the tragic loss of lives caused by the 2004 terrorist attacks in 
Madrid, the 2005 London attacks, and the terrorist attacks on commuter 
trains in Mumbai this summer. Those incidents are a painful reminder of 
the cruel nature of our enemies in our global war on terror and what we 
must do to fight and win against those who wish to eradicate our way of 
life. On many occasions we have said we cannot play just defense in 
this war; that, instead, we must take the fight to the enemy. Still, we 
must do what is possible and prudent to protect Americans at home.
  The numerous attacks on rail systems abroad demonstrate all too 
vividly the continuing need for this legislation.
  There is little doubt that we have increased dramatically our 
security capabilities over the past 5 years. However, there is just as 
little doubt that we have much more to do. Since the attacks of 9/11, 
only relatively modest resources have been dedicated to rail security. 
In fact, I would be very curious if the distinguished chairman of the 
committee knows the relative amounts of money that we have spent on 
rail security as compared with airport security. I think you will find 
it is minuscule.
  Our Nation's transit system, Amtrak, and the freight railroads, I am 
sad to say, remain vulnerable to terrorist threats. This lack of 
funding exists despite the fact that the Department of Homeland 
Security has identified as potential terrorist targets the freight and 
passenger rail networks which are critical to the Nation's 
transportation system and national defense.
  The 9/11 Commission, too, in its report on the facts and 
circumstances surrounding the 9/11 attacks called for improved security 
in all modes of transportation, noting that `` . . . terrorists may 
turn their attention to other modes.''
  This amendment would authorize a total of almost $1.2 billion for 
rail security. More than half of this funding would be authorized to 
complete tunnel safety and security improvements at New York's 
Pennsylvania station, which is used by over 500,000 transit, commuter, 
and intercity passengers each workday.
  I want to repeat that fact. Penn Station in New York City is used by 
over 500,000 transit, commuter, and intercity passengers each workday. 
Look at the amount of money we have spent to try to protect that 
vulnerable target as opposed to literally every major airport in 
America. This funding is all the more urgent given this summer's arrest 
by the FBI of eight suspects tied to al-Qaida who were plotting attacks 
on train tunnels connecting New York and New Jersey.
  The legislation would also establish a grant program authorized at 
$350 million to help increase security by the freight railroads, 
Amtrak, shippers of hazardous materials, and local governments with 
security responsibility for passenger stations not owned by Amtrak. 
Further, DHS would be required to complete a vulnerability assessment 
of the rail network to terrorist attack and make recommendations to 
Congress for addressing security weaknesses. Importantly, to protect 
the taxpayers' interests, all Amtrak authorizations would be managed by 
the Department of Transportation through formal grant agreements.
  We all know that we face a dedicated, focused, and intelligent foe in 
the war on terrorism. This enemy will probe to find our weaknesses and 
move against them. We have seen the vulnerabilities of rail to 
terrorism in other countries and the devastating consequences of such 
an attack. It is essential that we move expeditiously to protect all 
the modes of transportation from potential attack.
  I also note that this amendment is cosponsored by Senators DeWine, 
Snowe, and Biden. I thank the Senators for their cosponsorship of this 
critical measure.
  I trust the Senate will once again pass this essential legislation. 
We owe at least that much to the American people as we continue our 
struggle against an enemy that wants nothing less than to destroy 
everything we stand for and believe in.
  I would like to mention to the distinguished manager of the bill that 
I don't think this is probably the best away to address this issue. 
Obviously, the bill should have stood on its own and been addressed 
separately with amendments to the bill. But I think there is a 
compelling case that can be made that, if port security is vital and 
must be acted on, so must rail security. I do not diminish the 
importance of this legislation. But, again, I would like to point out 
railway stations all over America have received very little attention 
and very little funding. Are we going to wait until there is an attack, 
such as where we arrested eight subjects this summer who were planning 
attacks on rail connections between New York and New Jersey or are we 
going to get ahead of this?
  I come from a State where very few of our passengers use rail. But I 
think it is very important to point out that

[[Page 17598]]

in places in the Northeast this is a primary form of transportation. 
Just a couple of blocks from here, if you did a rough assessment, you 
would find at Union Station there are significant vulnerabilities.
  By the way, I would like to mention that Senator Stevens has played a 
key role in this effort on this legislation. We have worked together. 
His leadership has been vital. I know his efforts have been very 
important, and I want to express my appreciation.
  Again, I say to the distinguished managers of the bill, if changes 
need to be made to this legislation in conference we would certainly 
welcome improvements. But I hope we can include this as part of this 
legislation so we can begin making serious efforts to ensure rail 
safety in America.
  My thanks to the managers and my thanks to the distinguished chairman 
of the Commerce Committee for all of his efforts on this legislation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. I thank the Senator from Arizona for his comments. I 
might say on the visit that I made to Los Angeles Harbor, it is very 
clear that rail is essential for the 40 percent of the cargo that comes 
into the United States. The majority moves out of the Los Angeles 
Harbor by rail, and currently that is very sensitive because there is 
only one rail coming out of there and there should be multiple rails.
  Senator McCain has offered S. 1052, which our committee reported in 
November of 2005. That bill contained sections of aviation, rail, 
trucking, and port security.
  In addition, Senator McCain's bill passed the Senate in 2004. It is 
not controversial. I will urge the Senate to let us pass it again 
without amendment so we can take it to conference, and I do believe it 
will become law.
  It is very clear it is as essential as the port security section, and 
I thank him for bringing it to the floor. I intend to support it 
completely because I hope we can get back to both the aviation and 
trucking portions of S. 1052 sometime. I don't think it will be in this 
Congress, however, because it has become too controversial. But we 
intend to take them up again, I believe, early next year whether there 
is change of management or not in terms of the Commerce Committee. I do 
hope we can realize the aviation and trucking areas need to change, as 
far as security considerations are concerned, in terms of their basic 
law. But I am here to urge the Senate very favorably to approve this, 
and I am certainly urging the Senate to adopt the McCain amendment when 
we start voting on this bill next Tuesday.
  Is there anyone else who wishes to comment at this time?


                    Amendment No. 4922, as Modified

  Mr. McCAIN. Mr. President, if I may just make one additional comment, 
I ask unanimous consent the amendment be modified with the changes at 
the desk. They add the Homeland Security Committee as recipient of the 
reporting requirements in the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment, as modified, is as follows;

       At the appropriate place in the bill, insert the following:

                   TITLE__--RAIL SECURITY ACT OF 2006

     SEC. __01. SHORT TITLE.

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

     SEC. __02. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

       (a) In General.--
       (1) Vulnerability assessment.--The Under Secretary of 
     Homeland Security for Border and Transportation Security 
     (referred to in this title as the ``Under Secretary''), in 
     consultation with the Secretary of Transportation, shall 
     conduct a vulnerability assessment of freight and passenger 
     rail transportation (encompassing railroads, as that term is 
     defined in section 20102(1) of title 49, United States Code), 
     which shall include--
       (A) identification and evaluation of critical assets and 
     infrastructures;
       (B) identification of threats to those assets and 
     infrastructures;
       (C) identification of vulnerabilities that are specific to 
     the transportation of hazardous materials via railroad; and
       (D) identification of security weaknesses in passenger and 
     cargo security, transportation infrastructure, protection 
     systems, procedural policies, communications systems, 
     employee training, emergency response planning, and any other 
     area identified by the assessment.
       (2) Existing private and public sector efforts.--The 
     assessment conducted under this subsection shall take into 
     account actions taken or planned by both public and private 
     entities to address identified security issues and assess the 
     effective integration of such actions.
       (3) Recommendations.--Based on the assessment conducted 
     under this subsection, the Under Secretary, in consultation 
     with the Secretary of Transportation, shall develop 
     prioritized recommendations for improving rail security, 
     including any recommendations the Under Secretary has for--
       (A) improving the security of rail tunnels, rail bridges, 
     rail switching and car storage areas, other rail 
     infrastructure and facilities, information systems, and other 
     areas identified by the Under Secretary as posing significant 
     rail-related risks to public safety and the movement of 
     interstate commerce, taking into account the impact that any 
     proposed security measure might have on the provision of rail 
     service;
       (B) deploying equipment to detect explosives and hazardous 
     chemical, biological, and radioactive substances, and any 
     appropriate countermeasures;
       (C) training employees in terrorism prevention, passenger 
     evacuation, and response activities;
       (D) conducting public outreach campaigns on passenger 
     railroads;
       (E) deploying surveillance equipment; and
       (F) identifying the immediate and long-term costs of 
     measures that may be required to address those risks.
       (b) Consultation; Use of Existing Resources.--In carrying 
     out the assessment required by subsection (a), the Under 
     Secretary shall consult with rail management, rail labor, 
     owners or lessors of rail cars used to transport hazardous 
     materials, first responders, shippers of hazardous materials, 
     public safety officials (including those within other 
     agencies and offices within the Department of Homeland 
     Security), and other relevant parties.
       (c) Report.--
       (1) Contents.--Not later than 180 days after the date of 
     the enactment of this Act, the Under Secretary shall submit 
     to the Committee on Commerce, Science, and Transportation and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     contains--
       (A) the assessment and prioritized recommendations required 
     by subsection (a) and an estimate of the cost to implement 
     such recommendations;
       (B) a plan, developed in consultation with the freight and 
     intercity passenger railroads, and State and local 
     governments, for the government to provide increased security 
     support at high or severe threat levels of alert; and
       (C) a plan for coordinating rail security initiatives 
     undertaken by the public and private sectors.
       (2) Format.--The Under Secretary may submit the report in 
     both classified and redacted formats if the Under Secretary 
     determines that such action is appropriate or necessary.
       (d) 2-Year Updates.--The Under Secretary, in consultation 
     with the Secretary of Transportation, shall update the 
     assessment and recommendations every 2 years and transmit a 
     report, which may be submitted in both classified and 
     redacted formats, to the Committees named in subsection 
     (c)(1), containing the updated assessment and 
     recommendations.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary $5,000,000 for 
     fiscal year 2007 to carry out this section.

     SEC. __03. RAIL SECURITY.

       (a) Rail Police Officers.--Section 28101 of title 49, 
     United States Code, is amended by striking ``the rail 
     carrier'' each place it appears and inserting ``any rail 
     carrier''.
       (b) Review of Rail Regulations.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary of 
     Transportation, in consultation with the Under Secretary, 
     shall review existing rail regulations of the Department of 
     Transportation for the purpose of identifying areas in which 
     those regulations need to be revised to improve rail 
     security.

     SEC. __04. STUDY OF FOREIGN RAIL TRANSPORT SECURITY PROGRAMS.

       (a) Requirement for Study.--Not later than 1 year after the 
     date of the enactment of this Act, the Comptroller General of 
     the United States shall complete a study of the rail 
     passenger transportation security programs that are carried 
     out for rail transportation systems in Japan, member nations 
     of the European Union, and other foreign countries.
       (b) Purpose.--The purpose of the study conducted under 
     subsection (a) shall be to identify effective rail 
     transportation security measures that are in use in foreign 
     rail transportation systems, including innovative measures 
     and screening procedures determined effective.

[[Page 17599]]

       (c) Report.--The Comptroller General shall submit a report 
     on the results of the study conducted under subsection (a) to 
     the Committee on Commerce, Science, and Transportation and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives. The report 
     shall include the Comptroller General's assessment regarding 
     whether it is feasible to implement within the United States 
     any of the same or similar security measures that are 
     determined effective under the study.

     SEC. __05. PASSENGER, BAGGAGE, AND CARGO SCREENING.

       (a) Requirement for Study and Report.--The Under Secretary, 
     in cooperation with the Secretary of Transportation, shall--
       (1) conduct a study to analyze the cost and feasibility of 
     requiring security screening for passengers, baggage, and 
     cargo on passenger trains; and
       (2) not later than 1 year after the date of the enactment 
     of this Act, submit a report containing the results of the 
     study and any recommendations that the Under Secretary may 
     have for implementing a rail security screening program to--
       (A) the Committee on Commerce, Science, and Transportation 
     and the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (b) Pilot Program.--As part of the study conducted under 
     subsection (a), the Under Secretary shall complete a pilot 
     program of random security screening of passengers and 
     baggage at 5 passenger rail stations served by Amtrak, which 
     shall be selected by the Under Secretary. In conducting the 
     pilot program under this subsection, the Under Secretary 
     shall--
       (1) test a wide range of explosives detection technologies, 
     devices, and methods;
       (2) require that intercity rail passengers produce 
     government-issued photographic identification, which matches 
     the name on the passenger's tickets before the passenger 
     boarding a train; and
       (3) attempt to give preference to locations at the highest 
     risk of terrorist attack and achieve a distribution of 
     participating train stations in terms of geographic location, 
     size, passenger volume, and whether the station is used by 
     commuter rail passengers and Amtrak passengers.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary to carry out this 
     section $5,000,000 for fiscal year 2007.

     SEC. __06. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

       Any statutory limitation on the number of employees in the 
     Transportation Security Administration of the Department of 
     Transportation, before or after its transfer to the 
     Department of Homeland Security, does not apply to the extent 
     that any such employees are responsible for implementing the 
     provisions of this title.

     SEC. __07. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation may 
     award grants to Amtrak for the purpose of making fire and 
     life-safety improvements to Amtrak tunnels on the Northeast 
     Corridor in New York, New York, Baltimore, Maryland, and 
     Washington, D.C.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation for the 
     purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York tunnels, to provide ventilation, 
     electrical, and fire safety technology upgrades, emergency 
     communication and lighting systems, and emergency access and 
     egress for passengers--
       (A) $100,000,000 for fiscal year 2007;
       (B) $100,000,000 for fiscal year 2008;
       (C) $100,000,000 for fiscal year 2009; and
       (D) $170,000,000 for fiscal year 2010.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2007;
       (B) $10,000,000 for fiscal year 2008;
       (C) $10,000,000 for fiscal year 2009; and
       (D) $17,000,000 for fiscal year 2010.
       (3) For the Washington, DC Union Station tunnels to improve 
     ventilation, communication, lighting, and passenger egress 
     upgrades--
       (A) $8,000,000 for fiscal year 2007;
       (B) $8,000,000 for fiscal year 2008;
       (C) $8,000,000 for fiscal year 2009; and
       (D) $8,000,000 for fiscal year 2010.
       (c) Infrastructure Upgrades.--There are authorized to be 
     appropriated to the Secretary of Transportation $3,000,000 
     for fiscal year 2007 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts 
     appropriated pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded under this section, the 
     Secretary has approved a project management plan prepared by 
     Amtrak that appropriately addresses--
       (A) project budget;
       (B) construction schedule;
       (C) recipient staff organization;
       (D) document control and record keeping;
       (E) change order procedure;
       (F) quality control and assurance;
       (G) periodic plan updates;
       (H) periodic status reports; and
       (I) such other matters the Secretary determines to be 
     appropriate.
       (f) Review of Plans.--
       (1) Completion.--The Secretary of Transportation shall 
     complete the review of the plans required under paragraphs 
     (1) and (2) of subsection (e) and approve or disapprove the 
     plans not later than 45 days after the date on which each 
     such plan is submitted by Amtrak.
       (2) Incomplete plans.--If the Secretary determines that a 
     plan is incomplete or deficient--
       (A) the Secretary shall notify Amtrak of the incomplete 
     items or deficiencies; and
       (B) not later than 30 days after receiving the Secretary's 
     notification under subparagraph (A), Amtrak shall submit a 
     modified plan for the Secretary's review.
       (3) Review of modified plans.--Not later than 15 days after 
     receiving additional information on items previously included 
     in the plan, and not later than 45 days after receiving items 
     newly included in a modified plan, the Secretary shall--
       (A) approve the modified plan; or
       (B) if the Secretary finds the plan is still incomplete or 
     deficient--
       (i) submit a report to the Committee on Commerce, Science, 
     and Transportation and the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that identifies the portions of the plan the 
     Secretary finds incomplete or deficient;
       (ii) approve all other portions of the plan;
       (iii) obligate the funds associated with those other 
     portions; and
       (iv) execute an agreement with Amtrak not later than 15 
     days thereafter on a process for resolving the remaining 
     portions of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary of Transportation shall, taking into account the 
     need for the timely completion of all portions of the tunnel 
     projects described in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use of the tunnels, if feasible.

     SEC. __08. MEMORANDUM OF AGREEMENT.

       (a) Memorandum of Agreement.--Not later than 60 days after 
     the date of enactment of this Act, the Secretary of 
     Transportation and the Secretary of Homeland Security shall 
     execute a memorandum of agreement governing the roles and 
     responsibilities of the Department of Transportation and the 
     Department of Homeland Security, respectively, in addressing 
     railroad transportation security matters, including the 
     processes the departments will follow to promote 
     communications, efficiency, and nonduplication of effort.
       (b) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``railroad 
     safety'' and inserting ``railroad safety, including 
     security,''.

     SEC. __09. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

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

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

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Rail Security Act of 2006, 
     Amtrak shall submit to the Chairman of the National 
     Transportation Safety Board and the Secretary of 
     Transportation a plan for addressing the needs of the 
     families of passengers involved in any rail passenger 
     accident involving an Amtrak intercity train and resulting in 
     a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board and the Secretary 
     of Transportation, immediately upon request, a list (which is 
     based on the best available information at the time of the 
     request) of the names of the passengers aboard the train 
     (whether or not such names have been verified), and will 
     periodically update the list. The plan shall include a 
     procedure, with

[[Page 17600]]

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

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

     SEC. __10. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--Subject to subsection (c), the Under 
     Secretary may award grants, through the Secretary of 
     Transportation, to Amtrak--
       (1) to secure major tunnel access points and ensure tunnel 
     integrity in New York, Baltimore, and Washington, D.C.;
       (2) to secure Amtrak trains;
       (3) to secure Amtrak stations;
       (4) to obtain a watch list identification system approved 
     by the Under Secretary;
       (5) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (6) to hire additional police and security officers, 
     including canine units; and
       (7) to expand emergency preparedness efforts.
       (b) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak for projects under subsection (a) 
     unless--
       (1) the projects are contained in a systemwide security 
     plan approved by the Under Secretary, in consultation with 
     the Secretary of Transportation;
       (2) capital projects meet the requirements under section 
     407(e)(2); and
       (3) the plan includes appropriate measures to address 
     security awareness, emergency response, and passenger 
     evacuation training.
       (c) Equitable Geographic Allocation.--The Under Secretary 
     shall ensure that, subject to meeting the highest security 
     needs on Amtrak's entire system, stations and facilities 
     located outside of the Northeast Corridor receive an 
     equitable share of the security funds authorized under this 
     section.
       (d) Availability of Funds.--There are authorized to be 
     appropriated to the Under Secretary $63,500,000 for fiscal 
     year 2007 for the purposes of carrying out this section. 
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. __11. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Under Secretary may 
     award grants to freight railroads, the Alaska Railroad, 
     hazardous materials shippers, owners of rail cars used in the 
     transportation of hazardous materials, universities, colleges 
     and research centers, State and local governments (for 
     passenger facilities and infrastructure not owned by Amtrak), 
     and, through the Secretary of Transportation, to Amtrak, for 
     full or partial reimbursement of costs incurred in the 
     conduct of activities to prevent or respond to acts of 
     terrorism, sabotage, or other intercity passenger rail and 
     freight rail security threats, including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of cargo or passenger screening equipment 
     at the international border between the United States and 
     Mexico or the international border between the United States 
     and Canada;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     under section 402(c), including infrastructure, facilities, 
     and equipment upgrades.
       (b) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     awarded under this section are expended in accordance with 
     the purposes of this title and the priorities and other 
     criteria developed by the Under Secretary.
       (c) Equitable Allocation.--The Under Secretary shall 
     equitably distribute the funds authorized by this section, 
     taking into account geographic location, and shall encourage 
     non-Federal financial participation in awarding grants. With 
     respect to grants for passenger rail security, the Under 
     Secretary shall also take into account passenger volume and 
     whether a station is used by commuter rail passengers and 
     intercity rail passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section 410(b).
       (e) Allocation Between Railroads and Others.--Unless the 
     Under Secretary determines, as a result of the assessment 
     required by section 402, that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, a grant may not be awarded under this 
     section--
       (1) in excess of $65,000,000 to Amtrak; or
       (2) in excess of $100,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) High Hazard Materials Defined.--In this section, the 
     term ``high hazard materials'' means poison inhalation hazard 
     materials, class 2.3 gases, class 6.1 materials, and 
     anhydrous ammonia.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary $350,000,000 for 
     fiscal year 2007 to carry out the purposes of this section. 
     Amounts appropriated pursuant to this subsection shall remain 
     available until expended.

     SEC. __12. OVERSIGHT AND GRANT PROCEDURES.

       (a) Secretarial Oversight.--The Secretary of Transportation 
     may use not more than 0.5 percent of amounts made available 
     to Amtrak for capital projects under this title--
       (1) to enter into contracts for the review of proposed 
     capital projects and related program management plans; and
       (2) to oversee construction of such projects.
       (b) Use of Funds.--The Secretary may use amounts available 
     under subsection (a) to make contracts for safety, 
     procurement, management, and financial compliance reviews and 
     audits of a recipient of amounts under subsection (a).
       (c) Procedures for Grant Award.--The Under Secretary shall 
     prescribe procedures and schedules for the awarding of grants 
     under this title, including application and qualification 
     procedures (including a requirement that the applicant have a 
     security plan), and a record of decision on applicant 
     eligibility. The procedures shall include the execution of a 
     grant agreement between the grant recipient and the Under 
     Secretary. The Under Secretary shall issue a final rule 
     establishing the procedures not later than 90 days after the 
     date of the enactment of this Act.

[[Page 17601]]



     SEC. __13. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Under Secretary, in conjunction with the Secretary of 
     Transportation, shall carry out a research and development 
     program for the purpose of improving freight and intercity 
     passenger rail security that may include research and 
     development projects to--
       (1) reduce the vulnerability of passenger trains, stations, 
     and equipment to explosives and hazardous chemical, 
     biological, and radioactive substances;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight technologies, including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment; and
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car and 
     transmit information about the integrity of tank cars to the 
     train crew;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section 411(g));
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety;
       (6) other projects recommended in the report required under 
     section 402.
       (b) Coordination With Other Research Initiatives.--The 
     Under Secretary shall ensure that the research and 
     development program under this section is coordinated with 
     other research and development initiatives at the Department 
     of Homeland Security and the Department of Transportation. 
     The Under Secretary shall carry out any research and 
     development project authorized under this section through a 
     reimbursable agreement with the Secretary of Transportation 
     if the Secretary--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Accountability.--The Under Secretary shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Under Secretary.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Under Secretary $50,000,000 in each 
     of fiscal years 2007 and 2008 to carry out the purposes of 
     this section. Amounts appropriated pursuant to this 
     subsection shall remain available until expended.

     SEC. __14. WELDED RAIL AND TANK CAR SAFETY IMPROVEMENTS.

       (a) Track Standards.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator of the 
     Federal Railroad Administration shall--
       (1) require each track owner using continuous welded rail 
     track to include procedures to improve the identification of 
     cracks in rail joint bars in the procedures filed with the 
     Administration under section 213.119 of title 49, Code of 
     Federal Regulations;
       (2) instruct Administration track inspectors to obtain 
     copies of the most recent continuous welded rail programs of 
     each railroad within the inspectors' areas of responsibility 
     and require that inspectors use those programs when 
     conducting track inspections; and
       (3) establish a program to--
       (A) periodically review continuous welded rail joint bar 
     inspection data from railroads and Administration track 
     inspectors; and
       (B) require railroads to increase the frequency or improve 
     the methods of inspection of joint bars in continuous welded 
     rail, if the Administrator determines that such increase or 
     improvement is necessary or appropriate.
       (b) Tank Car Standards.--The Administrator of the Federal 
     Railroad Administration shall--
       (1) not later than 1 year after the date of the enactment 
     of this Act, validate the predictive model it is developing 
     to quantify the relevant dynamic forces acting on railroad 
     tank cars under accident conditions; and
       (2) not later than 18 months after the date of the 
     enactment of this Act, initiate a rulemaking to develop and 
     implement appropriate design standards for pressurized tank 
     cars.
       (c) Older Tank Car Impact Resistance Analysis and Report.--
     Not later than 2 years after the date of the enactment of 
     this Act, the Administrator of the Federal Railroad 
     Administration shall--
       (1) conduct a comprehensive analysis to determine the 
     impact resistance of the steels in the shells of pressure 
     tank cars constructed before 1989; and
       (2) submit a report to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains recommendations for measures to 
     eliminate or mitigate the risk of catastrophic failure.

     SEC. __15. NORTHERN BORDER RAIL PASSENGER REPORT.

       Not later than 180 days after the date of the enactment of 
     this Act, the Under Secretary, in consultation with the heads 
     of other appropriate Federal departments and agencies and the 
     National Railroad Passenger Corporation, shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation and Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives that contains--
       (1) a description of the current system for screening 
     passengers and baggage on passenger rail service between the 
     United States and Canada;
       (2) an assessment of the current program to provide 
     preclearance of airline passengers between the United States 
     and Canada as outlined in ``The Agreement on Air Transport 
     Preclearance between the Government of Canada and the 
     Government of the United States of America'', dated January 
     18, 2001;
       (3) an assessment of the current program to provide 
     preclearance of freight railroad traffic between the United 
     States and Canada as outlined in the ``Declaration of 
     Principle for the Improved Security of Rail Shipments by 
     Canadian National Railway and Canadian Pacific Railway from 
     Canada to the United States'', dated April 2, 2003;
       (4) information on progress by the Department of Homeland 
     Security and other Federal agencies towards finalizing a 
     bilateral protocol with Canada that would provide for 
     preclearance of passengers on trains operating between the 
     United States and Canada;
       (5) a description of legislative, regulatory, budgetary, or 
     policy barriers within the United States Government to 
     providing pre-screened passenger lists for rail passengers 
     traveling between the United States and Canada to the 
     Department of Homeland Security;
       (6) a description of the position of the Government of 
     Canada and relevant Canadian agencies with respect to 
     preclearance of such passengers; and
       (7) a draft of any changes in existing Federal law 
     necessary to provide for pre-screening of such passengers and 
     providing pre-screened passenger lists to the Department of 
     Homeland Security.

     SEC. __16. REPORT REGARDING IMPACT ON SECURITY OF TRAIN 
                   TRAVEL IN COMMUNITIES WITHOUT GRADE SEPARATION.

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

     SEC. __17. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter I of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20115 the following:

     ``Sec. 20116. Whistleblower protection for rail security 
       matters

       ``(a) Discrimination Against Employee.--A rail carrier 
     engaged in interstate or foreign commerce may not discharge a 
     railroad employee or otherwise discriminate against a 
     railroad employee because the employee (or any person acting 
     pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided, to the employer or the 
     Federal Government information relating to a perceived threat 
     to security; or
       ``(2) provided, caused to be provided, or is about to 
     provide or cause to be provided, testimony before Congress or 
     at any Federal or State proceeding regarding a perceived 
     threat to security; or
       ``(3) refused to violate or assist in the violation of any 
     law, rule or regulation related to rail security.
       ``(b) Dispute Resolution.--A dispute, grievance, or claim 
     arising under this section is subject to resolution under 
     section 3 of the Railway Labor Act (45 U.S.C. 153). In a 
     proceeding by the National Railroad Adjustment Board, a 
     division or delegate of the Board, or another board of 
     adjustment established under such section 3 to resolve the 
     dispute, grievance, or claim the proceeding shall be 
     expedited and the dispute, grievance, or claim shall be 
     resolved not later than 180 days after the filing date. If 
     the violation is a form of discrimination that does not 
     involve discharge, suspension, or another

[[Page 17602]]

     action affecting pay, and no other remedy is available under 
     this subsection, the Board, division, delegate, or other 
     board of adjustment may award the employee reasonable 
     damages, including punitive damages, of not more than 
     $20,000.
       ``(c) Procedural Requirements.--Except as provided in 
     subsection (b), the procedure set forth in section 
     42121(b)(2)(B), including the burdens of proof, applies to 
     any complaint brought under this section.
       ``(d) Election of Remedies.--An employee of a railroad 
     carrier may not seek protection under both this section and 
     another provision of law for the same allegedly unlawful act 
     of the carrier.
       ``(e) Disclosure of Identity.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary of Transportation may not disclose the name of an 
     employee of a railroad carrier who has provided information 
     about an alleged violation of this section without the 
     written consent of the employee.
       ``(2) Enforcement.--The Secretary shall disclose to the 
     Attorney General the name of an employee described in 
     paragraph (1) if the matter is referred to the Attorney 
     General for enforcement.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 of title 49, United States Code, is amended by inserting 
     after the item relating to section 20115 the following:

``Sec. 20116. Whistleblower protection for rail security matters.''.

  Mr. McCAIN. I also ask unanimous consent to add Senator Lieberman as 
a cosponsor.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Hawaii.
  Mr. INOUYE. Mr. President, I wish to associate myself with the 
remarks of Mr. Stevens.
  The PRESIDING OFFICER. The Senator from Maine.
  Ms. COLLINS. Mr. President, I, too, commend the Senator from Arizona 
for bringing this measure to the Senate floor. As Senator Stevens has 
pointed out, it is directly relevant to port security because many of 
the containers that come into our ports by ship are then deployed 
throughout the country by rail. So I would argue this is directly 
relevant to the goal of the legislation before us.
  This is a Commerce Committee matter that Senator McCain has brought 
up, but I did just want to let my colleagues know that it is very 
relevant to our goal of securing our ports. I strongly support the 
amendment and commend the Senator for his initiative.
  Mr. GRASSLEY. Mr. President, I rise in strong support of the 
amendment before the Senate that's been offered as a complete 
substitute to H.R. 4954. This legislation could not be more timely. The 
anniversary of September 11 is imminent, a stark reminder that our 
Nation must remain vigilant in the global war on terror.
  This amendment, the Port Security Improvement Act of 2006, is 
critically important legislation. It strengthens port security 
operations, both in the United States and abroad so we can prevent 
threats from reaching our shores in the first place.
  This legislation improves existing programs for targeting and 
inspecting cargo containers so that a dangerous shipment doesn't enter 
or threaten the Nation. It provides direction for further strengthening 
of these programs as technological advances permit. And, it calls for 
greater coordination and cooperation among Federal agencies in 
contingency planning in the event there is a security breach.
  This legislation represents a thoughtful reevaluation of how best to 
meet the Nation's security interests at United States seaports. We have 
taken a look at what has been done since 9/11. This legislation builds 
upon that. Terrorists have proven that they will change their ways to 
exploit perceived weaknesses in our defenses. We need to stay ahead of 
them. This legislation empowers our personnel in the Department of 
Homeland Security and United States Border and Customs Protection to do 
just that.
  At the same time, this legislation includes provisions to strengthen 
the economic security of our Nation. It's important to remember that in 
addition to killing innocent Americans, the 9/11 attacks were intended 
to wreak economic havoc and injury upon our Nation. This legislation 
includes provisions that realign resources to ensure better efficiency 
in the administration of customs laws within the United States Customs 
and Border Protection. It authorizes the International Trade Data 
System, a forward-looking program to better utilize technology in order 
to increase efficiency and facilitate trade. And, it provides for added 
resources to better meet all of our economic and trade security 
interests that are overseen by the U.S. Customs and Border Protection.
  In sum, this legislation is the culmination of months of hard and 
thoughtful work. I thank my ranking member on the Finance Committee, 
Senator Baucus, my colleagues on the Commerce Committee, Senator 
Stevens and Senator Inouye, and my colleagues on the Homeland Security 
Committee, Senator Collins and Senator Lieberman, with whom I have 
worked so closely to bring this legislation to the floor. I urge all of 
my colleagues to join me in advancing this essential legislation 
through the Senate in a timely manner.
  Ms. COLLINS. Mr. President, I want to comment on the tremendous 
efforts of the ranking member of the Homeland Security Committee, 
Senator Lieberman, and the chairmen and ranking members of the Commerce 
and Finance Committees, Senators Stevens, Inouye, Grassley and Baucus. 
They along with their committee staffs have worked together for months 
to develop the bill that is before us today.
  Each of the committees has its own jurisdictional interests in this 
bill. The Homeland Security Committee has jurisdiction over the 
Department of Homeland Security with its primary mission of preventing 
terrorist attacks against the United States and reducing 
vulnerabilities to such attacks. Many of the programs in this bill, 
including the Automated Targeting System, the Container Security 
Initiative, and the Customs-Trade Partnership Against Terrorism, serve 
the purpose of reducing vulnerabilities to terrorist attacks and are 
operated by the U.S. Customs and Border Protection within the 
Department of Homeland Security--squarely within the Homeland Security 
Committee's jurisdiction. Moreover, it was the committee's 
jurisdictional authority to study the effectiveness of government 
agency programs that began the evaluation of the DHS' cargo security 
initiatives that are improved by this bill.
  The Commerce and Finance Committees also have significant 
jurisdictional interests. The Commerce Committee has jurisdiction over 
shipping and the Coast Guard. And the Finance Committee has 
jurisdiction over the assessment of customs duties and compliance with 
customs laws.
  The PRESIDING OFFICER. The Senator from Alaska.
  Mr. STEVENS. Mr. President, it is my understanding that there is no 
one else who wishes to speak on the bill or the McCain amendment at 
this time.

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