[Senate Report 109-216]
[From the U.S. Government Publishing Office]
109th Congress Report
SENATE
2nd Session 109-216
_______________________________________________________________________
Calendar No. 364
TRANSPORTATION SECURITY IMPROVEMENT ACT OF 2005
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 1052
DATE deg.February 27, 2006.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred ninth congress
second session
TED STEVENS, Alaska, Chairman
DANIEL K. INOUYE, Hawaii, Co-Chairman
JOHN McCAIN, Arizona JOHN D. ROCKEFELLER IV, West
CONRAD BURNS, Montana Virginia
TRENT LOTT, Mississippi JOHN F. KERRY, Massachusetts
KAY BAILEY HUTCHISON, Texas BYRON L. DORGAN, North Dakota
OLYMPIA J. SNOWE, Maine BARBARA BOXER, California
GORDON H. SMITH, Oregon BILL NELSON, Florida
JOHN ENSIGN, Nevada MARIA CANTWELL, Washington
GEORGE ALLEN, Virginia FRANK LAUTENBERG, New Jersey
JOHN E. SUNUNU, New Hampshire E. BENJAMIN NELSON, Nebraska
JIM DEMINT, South Carolina MARK PRYOR, Arkansas
DAVID VITTER, Louisiana
Lisa Sutherland, Staff Director
Christine Drager Kurth, Deputy Staff Director
Ken Nahigian, Chief Counsel
Margaret Cummisky, Democratic Staff Director and Chief Counsel
Samuel Whitehorn, Democratic Deputy Staff Director and General Counsel
Calendar No. 364
109th Congress Report
SENATE
2nd Session 109-216
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TRANSPORTATION SECURITY IMPROVEMENT ACT OF 2005
_______
February 27, 2006.--Ordered to be printed
_______
Mr. Stevens, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 1052]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 1052) to improve transportation
security, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill (as amended) do pass.
Purpose of the Bill
S. 1052 would set policy, provide agency guidance, authorize
funding and create new programs addressing the security of all
modes of transportation, including aviation, rail, maritime,
pipeline, and the transportation of hazardous materials. The
legislation also would require greater cooperation and
coordination between the Departments of Transportation (DOT)
and Homeland Security (DHS) to delineate and further clarify
the federal roles and responsibilities with respect to
transportation safety and security.
Background and Needs
On November 16, 2001, Congress passed the Aviation and
Transportation Security Act (ATSA) (P.L. 107-71) in response to
the September 11, 2001, terrorist attacks. ATSA, which was
signed into law on November 19, 2001, required a new regime for
aviation security and created the Transportation Security
Administration (TSA) within DOT to oversee security for all
modes of transportation. On March 31, 2003, as mandated under
the Homeland Security Act of 2002 (P.L. 107-296), the TSA was
transferred from DOT to DHS where it remains a distinct entity
within DHS.
AVIATION SECURITY
Aviation security has been the major focus of transportation
security policy since the terrorist attacks of September 11,
2001, and was the primary emphasis of the previously cited ATSA
legislation. ATSA, known in part for mandating a Federalized
workforce of security screeners to inspect airline passengers
and their baggage, set out an overarching regime to address
aviation security needs. It gave the TSA broad authority to
assess vulnerabilities in the system of aviation security and
take steps to mitigate these risks. Aviation security policy
since September 11, 2001 has consisted of two fundamental
principles: transportation security is national security; and a
multi-layered strategy will establish redundancies to most
effectively thwart a potential terrorist attack.
Upon the creation of TSA as a new Federal agency, it was
required to meet various Congressional mandates and timelines
set forth in ATSA to strengthen and coordinate the nation's
transportation security regime. Additional directives for the
TSA have been included in a number of appropriations bills,
including on December 17, 2004, when President Bush signed the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), which added further mandates to bring
transportation security in the United States in line with the
recommendations of the National Commission on Terrorist Attacks
Upon the United States (9/11 Commission). The TSA's progress on
aviation security has been the subject of considerable
oversight by Congress over the past four years and continues to
receive scrutiny as the agency moves forward in fulfilling
existing obligations and addressing new challenges. Pursuant
with the recommendations of the 911 Commission, the TSA has
moved towards a risked-based approach for allocating limited
security resources to where such resources are most needed.
Recognizing the significant commitment made to improve air
transportation security in the United States since September
11, 2001, S. 1052 focuses on a few primary aviation issues,
including a provision to consider options for improving the
collection of aviation passenger security fees, while ensuring
Congressional review of security fee increase proposals. Other
aviation security provisions in the legislation would require
that TSA create a pilot program to establish screener workforce
internship programs at airports, and prohibit the certification
of foreign repair stations until TSA and FAA review, audit, and
develop security regulations for such facilities.
RAILROAD SECURITY
The terrorist attacks of September 11, 2001, the March 2004
bombings of commuter trains in Madrid, Spain, and the July 2004
transit bombings in London, England, heightened concerns about
the susceptibility of the passenger and freight rail system in
the United States to terrorist attack. While no similar attack
has occurred to date against the rail system in the United
States, the openness and vast size of our rail transportation
network and the public reports that terrorists might be
targeting U.S. rail assets \1\ has raised significant concerns
regarding the various security efforts in place to defend and
prepare the nation's railroads against a terrorist attack. As a
result of this intelligence and the attacks overseas, the U.S.
rail industry has increased its proactive security efforts in
the face of public concern and potential threats. Similarly,
DHS raised the national threat level for rail transportation
systems, which triggered more stringent security requirements
under homeland security directives aimed at mass transit and
passenger rail. The change to the threat level also triggered
modifications to some aspects of individual security plans
voluntarily adopted by many in the industry.
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\1\ In 2002, and on several occasions since, the FBI has warned
that al-Qaeda may directly target U.S. trains, key rail bridges, and
sections of track to cause train accidents and derailments. Despite
these vulnerabilities and the importance of the passenger and freight
railroad industry to the nation, minimal Federal resources have gone
towards improving rail security.
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The nation's freight railroads operate more than 140,000
miles of track over which nearly 28 million carloads are
transported annually and provide the primary transportation of
essential commodities vital to the U.S. economy, including the
majority of coal used in electricity generation, over nine
million trailers and containers, and two million carloads of
chemicals. \2\ The magnitude of rail operations preclude
constant monitoring of all track and facilities and, like
passenger rail systems, makes the freight rail system
vulnerable to terrorist acts. There are seven Class railroads
\3\ and more than 550 total freight railroads operating in the
United States. This network transports an estimated 42 percent
of all domestic intercity freight. Inter-modal freight rail
traffic has more than tripled since 1980 from 3.1 million
trailers and containers to 11 million in 2004. For the week of
August 20, 2005, U.S. freight railroads originated more inter-
modal cargo containers (179,472) than in any previous week on
record, which surpassed the previous high that was established
three weeks earlier. DOT projects that freight traffic via rail
will increase nearly 70 percent by 2020. The problem of
securing such a vast system is compounded by the variety of
freight hauled--as diverse as dry bulk (e.g., grain) and
hazardous materials (e.g., chlorine).
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\2\Association of American Railroads, Railroad Facts, 2003 Edition.
\3\U.S. Class I Railroads are line haul freight railroads with
operating revenue in excess of $277.7 million. In 2004, the U.S. Class
I railroads were: BNSF Railway, CSX Transportation, Canadian National's
Grand Trunk Corporation, Kansas City Southern Railway, Norfolk Southern
Combined Railroad Subsidiaries, Canadian Pacific's Soo Line Railroad,
and Union Pacific Railroad.
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Similarly, the size and scope of the U.S. passenger rail
network presents security challenges. In 2005, more than 25
million passengers rode intercity passenger trains and
approximately 3.5 billion passengers rode public transit and
commuter rail services, such as Washington's Metrorail system,
Chicago's Metra commuter system and Maryland's MARC service.
Along with critical rail infrastructure and equipment,
passenger rail facilities and stations, which often serve as
central hubs for multiple public transportation services,
represent tempting targets for terrorist attacks. The RAND
Corporation estimated that there were a total of 181 terrorist
attacks on trains and rail-related targets worldwide between
1998 and 2003, an average of 30 per year. Brian Jenkins of the
RAND Corporation has noted that, ``for terrorists determined to
kill in quantity and willing to kill indiscriminately, public
transportation is an ideal target. It offers terrorists ease of
access and escape. Crowds of strangers guarantee anonymity.
Contained environments enhance the effect of explosives.
Attacks on public transport also cause disruption and alarm--
traditional terrorist goals.''
Recognizing the security challenges facing the rail sector,
the Committee has held numerous hearings and favorably reported
several rail security enhancement proposals since 2001. The
rail security provisions of S.1052, contained in title III,
represent the latest iteration of this effort and incorporate
updated versions of provisions contained within the Rail
Security Act of 2004, which passed the Senate by unanimous
consent in the 108th Congress, after being favorably
reported by the Committee.
MARITIME SECURITY
Port security in the United States is complex because of the
varied nature and structure of the maritime industry and the
geographic scope of our system of waterways. Unlike many
nations, the United States has no national port authority:
jurisdiction is shared by Federal, State, and local
governments. Port authorities in the United States are
instruments of State or local governments, established by State
or local enactment. The U.S. Constitution does not grant
regulation over seaports to the Federal government; however,
the Constitution does explicitly vest the authority to regulate
navigable waterways to the Federal government, a task largely
delegated to the United States Army Corps of Engineers and the
United States Coast Guard. In addition, the Federal government
is delegated the right to regulate interstate and foreign
commerce, and pursuant to this authority, has plenary powers to
regulate port practices.
The United States has more than 1,000 harbor channels and
25,000 miles of inland, intra-coastal, and coastal waterways
that serve over 360 ports. There are approximately 3,700
terminals located at these ports that facilitate passenger and
cargo movements. These waterways and ports link to 152,000
miles of railways, 460,000 miles of underground pipelines, and
45,000 miles of interstate highways. The U.S. marine
transportation system moves more than 2 billion tons of
domestic and international freight, imports 3.3 billion tons of
oil, and services 134 million passengers by ferry. The system
also hosts more than 6 million cruise ship passengers. The vast
majority of ships entering U.S. ports are foreign owned and
crewed, and, in 2001, roughly 5,400 commercial ships made over
60,000 calls at U.S. ports.
The U.S. maritime transportation system provides more than
$742 billion to U.S. gross domestic product and creates
employment for more than 13 million citizens. U.S. ports handle
more than 95 percent of our nation's overseas trade, and the
total volume of goods shipped to or from the United States is
expected to double over the next 20 years. The top 50 U.S.
ports handle approximately 90 percent of all cargo tonnage, and
25 of those ports handle 98 percent of all container shipments.
The maritime transportation system is vital to the continued
operation of U.S. retailers who import much of the merchandise
that they sell, and U.S. manufacturers who commonly rely on
foreign components for their products.
To establish a framework for maritime security standards, the
Senate Committee on Commerce, Science, and Transportation
developed legislation that Congress passed, the Maritime
Transportation Security Act of 2002 (MTSA). MTSA requires
Federal agencies, State and local authorities, and private
sector stakeholders to work together to define critical
portions of the U.S. maritime transportation system and
determine how best to protect these assets against terrorist
attacks.
OTHER SURFACE TRANSPORTATION SECURITY
While much attention has been focused on the security needs
of domestic commercial aviation, and to a lesser extent, the
security needs of the U.S. maritime and rail industries, little
has been done at the Federal level to address security
vulnerabilities within the motor carrier, intercity bus, and
pipeline industries.
MOTOR CARRIER SECURITY
The motor carrier industry is the backbone of the nation's
freight system, carrying 85 percent of domestic cargo by value
and 70 percent by weight. Nearly everything American consumers
utilize throughout a given day has been transported by a motor
carrier. Even freight carried by other modes such as aviation,
rail, and maritime often depends on trucking at some point
through the supply chain. Trucks move cargo from airports, rail
yards, and seaport terminals. In 2003, U.S. trucking hauled 9.1
billions of freight and employed 5.6 million people in
trucking-related fields \4\. Trucking is also an essential part
of North American international trade hauling two-thirds (67
percent) of the goods transported between the United States and
Canada and over four-fifths (80 percent) of the goods
transported between the United States and Mexico \5\.
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\4\ Ibid.
\5\ Ibid.
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Truck security has become an important issue both because of
the size and essential nature of the industry, and the
potential ease of access to trucks. With two deadly domestic
terrorist attacks at the World Trade Center in 1993 and on the
Oklahoma City Federal Building in 1995, the United States had
already faced truck-based terrorism before the attacks of
September 11, 2001. Despite this, Federal involvement in truck
security has been limited, with the bulk of security efforts
being implemented on an ad-hoc basis by individual companies or
by groups representing sectors of the motor carrier industry.
Presently, there is only one motor carrier security program
specifically mandated by statute. Acting out of concern for the
security of the transportation of hazardous materials by truck,
Congress authored legislation requiring the DHS to implement a
program to ensure that commercial drivers that transport
hazardous materials do not pose a security threat to the
nation. \6\ Under the requirements of the statute, a driver
must undergo a security background check as a prerequisite for
hazardous materials endorsement on a commercial driver's
license. The only other mandatory security program is a DOT
security regulation requiring all shippers of hazardous
materials to develop and implement security plans.
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\6\P.L. 107-56, title X, Sec. 1012(a)(1), 115 Stat. 396, October
26, 2001, amended August 10, 2005, P.L. 109-59 (``Safe, Accountable,
Flexible, Efficient Transportation Equity Act: A Legacy for Users'' or
``SAFETEA-LU'').
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The Federal government has implemented a few voluntary
security initiatives for this transportation sector. The most
notable truck freight security initiatives are the U.S. Customs
and Border Protection (CBP) program known as the ``Customs-
Trade Partnership Against Terrorism (C-TPAT)'' and the TSA
partnership with American Trucking Associations (ATA) called
``Highway Watch.'' To address increasing security checks at
U.S. border-crossings with Mexico and Canada following the
September 11 attacks, motor carriers agreed to participate in
C-TPAT, a voluntary program for shipments between the United
States and Canada, or the United States and Mexico. C-TPAT
participants agree to follow a set of security guidelines
outlined in written agreement in return for reduced delays at
border-crossing from Customs inspections \7\. To gain
additional expedited treatment at the U.S. borders, motor
carriers may choose to participate in the Free and Secure Trade
(FAST) program, which utilizes electronic transmission of
shipping data and use of transponder technologies and barcode
technology for verification. Participation in C-TPAT is a
prerequisite to membership in the FAST program. While C-TPAT
and FAST are focused on cross-border cargo clearance, Highway
Watch focuses on security training for the drivers. Through
Highway Watch, transportation professionals are trained to
recognize and report potential safety and security threats. DHS
provides the funding and ATA administers the program.
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\7\ U.S. Customs and Border Protection. Securing the Global Supply
Chain: Customs-Trade Partnership Against Terrorism (C-TPAT) Strategic
Plan. 2004. Available at http://www.cbp.gov/linkhandler/cgov/import/
commercial_enforcement/ctpat/ctpat--strategicplan.ctt/
ctpat_strategicplan.pdf. Accessed January 2006.
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These programs begin to address the security concerns of the
85 percent of domestic cargo that moves by trucks. However,
these modest steps highlight the need for more robust action.
The motor carrier and truck security provisions contained in
title IV of S.1052 takes the next steps by focusing on the key
issues related to the secure transportation of hazardous
materials, such as routing, tracking, training, and
enforcement.
INTERCITY BUS SECURITY
Along with automobile, air, and rail services, intercity bus
service has long been one of the primary modes of
transportation within the United States. The intercity bus
industry serves more than 5,000 destinations in the United
States. The industry comprises mostly small businesses. Sixty-
five percent of known carriers operate fewer than 10 buses, but
those smallest of companies carry an estimated 97 million
passengers. Over-the-road buses transport approximately 774
million passengers annually and are the only viable means of
transportation for many people throughout the country. Between
fixed routes, intercity, community services, charter and tour,
and airport shuttle services, the industry has a significant
impact in the lives of many Americans. However, most important,
they serve thousands of communities that have no other form of
intercity public transportation, and provide the only
affordable means of transportation for millions in urban areas.
Since September 11, Congress has noted the importance of
making intercity bus facilities secure, and have appropriated
funding for security enhancement and training. $10 million was
appropriated to the DHS for intercity bus security grants
program in both fiscal years 2005 and 2006. \8\ Funds have been
used for priority upgrades such as monitoring, tracking, and
communication upgrades, including GPS tracking technology,
cellular communications or identification materials, and
security training. This funding, however, is not enough.
Federal financial support is needed for system-wide
improvements, such as passenger and baggage screening in
terminals; implementation of a ticket identification system;
emergency communications systems linked to police and emergency
personnel; enhanced driver compartment security; increased
security training; development and maintenance of information
and communications systems with law enforcement; installation
of cameras and video surveillance equipment; and other measures
to make buses, terminals, and garages more secure. S. 1052
would provide $50 million for these needed system-wide security
improvements.
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\8\ Department of Homeland Security Appropriations, 2006, P.L. 109-
90, October 18, 2005; and P.L. 108-334, October 18, 2004.
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PIPELINE SECURITY
The U.S. liquid pipeline industry is large, diverse and vital
to the economy. Comprised of approximately 200,000 miles of
pipes in all of the fifty States, during 2001, liquid pipelines
carried more than 40 million barrels per day, or 4 trillion
barrel-miles, of crude oil and refined products. \9\ Because of
the volume that must be transported, pipelines are the only
feasible method for moving the enormous quantities of petroleum
and other key products that America requires to keep going each
day. It is projected that the liquid pipeline industry will
grow significantly during the next 25 years.
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\9\ Richard Rabinow, The Liquid Pipleline Industry in the United
States: Where It's Been, Where It's Going, Association of Oil Pipe
Lines, April 2004.
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Pipeline operators have managed the integrity, safety, and
security of their system for years. By April 1, 2003, operators
of 95 percent of the oil pipeline infrastructure had certified
with DOT their compliance with contingency planning guidelines.
While pipeline operators have voluntarily conducted
vulnerability assessments of critical pipeline facilities,
there is no security requirement to do so, and thus, no
enforcement. The pipeline security provisions of S.1052 would
address this security gap by requiring the Federal government
to develop a Pipeline Security and Incident Recovery Plan to
provide for increased security support to the most critical
transmission pipeline infrastructure and operations during
periods of elevated threat, and ensure no disruption of
commerce in the event of an incident. The bill also would
require DHS to issue pipeline security regulations that include
provisions for inspection of facilities and enforcement action.
Summary of Provisions
The provisions of the proposed aviation security title in S.
1052 would: preclude TSA from increasing the aviation security
infrastructure fee without submitting the proposed rule to
Congress; require TSA to study the feasibility of collecting
the commercial aviation passenger security fee directly from
passengers at, or before, they reach the airport through a
system developed or approved by TSA, including the use of
vending kiosks, other automated vending devices, the Internet,
or other remote vending sites; require TSA to establish a pilot
program at not more than three airports for training students
as interns to perform screening of passengers and property in
exchange for a commitment to become a screener post-graduation;
and preclude the FAA from certifying foreign repair stations if
DHS fails to issue repair station regulations within 90 days of
the enactment of this Act.
The major provisions of the rail security title of S. 1052
would: create a new grant program within DHS to assist Amtrak,
freight railroads, and other stakeholders in upgrading security
across the railroad system; provide funding through DOT for
security and safety enhancements to Amtrak railroad tunnels in
New York, Washington, D.C., and Baltimore; create a rail
security research and development program; encourage the
deployment of rail car tracking equipment for high-hazard
materials rail shipments; require railroads shipping high
hazard materials to create threat mitigation plans; require DHS
and DOT to clarify their roles for rail security and safety;
issue guidance for a rail worker security training program; and
provide for a whistleblower protection program for rail workers
who report security concerns.
The major provisions of the maritime security title of S.
1052, augmenting MTSA, would: require the establishment of
inter-agency operational centers for port security at all high
priority ports; establish prioritization of vessels to resume
trade following an incident; improve tracking data for cargo;
and establish technical requirements for improved cargo
inspection; and develop plans for enhanced random physical
inspection of containers. The legislation also would serve to
strengthen current DHS initiatives for cargo as well as secure
systems of international inter-modal transportation.
S. 1052 also addresses transportation security issues related
to pipelines and pipeline facilities, motor carriers, the
transport of hazardous materials by all modes, and over-the-
road buses. The major provisions of the proposed surface
transportation title of S. 1052, in addition to those described
for railroad security, would: strengthen hazardous material
transportation security efforts; propose security guidelines
for truck rental and leasing operations; require the
development of pipeline security incident recovery plans; and
provide grants for improving over-the-road bus and bus terminal
security.
Legislative History
Chairman Stevens and Co-Chairman Inouye introduced S. 1052,
``The Transportation Security Improvement Act of 2005'' on May
17, 2005. Senators Boxer, Dorgan, Lautenberg, Rockefeller,
Snowe, Cantwell, and Pryor originally cosponsored the bill.
During the 109th Congress, the Committee held multiple
hearings on transportation security. On May 17, 2005, the
Committee held a hearing chaired by Chairman Stevens on
measures that have been taken since September 11, 2001, to
secure U.S. ports. Those testifying before the Committee were
members of Congress, representatives of CBP, U.S. Coast Guard,
DHS, the General Accountability Office (GAO), and various trade
associations.
On October 20, 2005, the Committee held a hearing chaired by
Chairman Stevens on the state of passenger and freight rail
security, as well as relevant provisions of S. 1052. Those
testifying before the Committee were representatives of TSA,
the Federal Railroad Administration (FRA), GAO, Amtrak, and
various business and labor associations.
On November 17, 2005, the Committee met in Executive Session
during which S. 1052 was considered. A substitute amendment
that streamlined the provisions of S. 1052 was offered by
Chairman Stevens and Co-Chairman Inouye, and approved by the
Committee unanimously by voice vote. Several amendments filed
by Senators Cantwell, Pryor, Kerry, Lautenberg and Dorgan also
were offered and incorporated into S. 1052 via a manager's
package.
The amendments sponsored by Senator Cantwell would increase
research and development for ferry security, increase security
for car ferries entering U.S. waters from Canada, and ensure
that the strategic plan for transportation research and
development is aligned with interoperable communications
research and development in Federal agency strategic plans. The
amendments sponsored by Senator Pryor would require the DHS
Secretary to transmit a preliminary report of security issues
related to the trucking industry, require demonstration
projects for alternative collection methods for passenger
security fees, and require that pilot programs for employee
retention internships be conducted at three airports of various
size facilities. The amendment sponsored by Senators Kerry,
Lautenberg and Dorgan would repeal TSA's exemption from Federal
procurement laws under the Federal Acquisition Regulation
(FAR).
The substitute and manager's amendments were adopted by the
Committee and amended to the bill; the Committee ordered the
bill reported.
Estimated Costs
In compliance with subsection (a)(3) of paragraph 11 of rule
XXVI of the Standing Rules of the Senate, the Committee states
that, in its opinion, it is necessary to dispense with the
requirements of paragraphs (1) and (2) of that subsection in
order to expedite the business of the Senate.
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
[Insert CBO letter, attached as pages 9-- through 9--] deg.
Regulatory Impact Statement
NUMBER OF PERSONS COVERED
S. 1052 is intended to improve transportation security by
making modifications to ATSA and MTSA. While S. 1052 affects
DHS and DOT, it would be consistent with the number of
individuals affected by ATSA and MTSA.
ECONOMIC IMPACT
S. 1052 is not expected to have an adverse impact on the U.S.
economy. It is anticipated that titles I-V would have positive
economic impacts to their respective areas and should provide
significant support to the corresponding transportation sector
modes. The bill would authorize the necessary funding to
establish a more secure system by requiring DHS, and in some
cases DOT, as well as the corresponding industries to take
steps to protect the system.
PRIVACY
S. 1052 would have minimal effect on the privacy rights of
individuals.
PAPERWORK
The Committee anticipates a slight increase in paperwork
burdens on requirements for private individuals or businesses.
In those areas where the bill does require additional
paperwork, it is aimed at improving the transportation security
infrastructure.
S. 1052 would require a range of plans, communications,
budget analyses, agreements, and rulemakings. In certain
sections, such as section 103, the Secretary of DHS would be
required to promulgate strategic plans to Congress, or in the
case of sections 310 and 403, the Secretaries of DHS and DOT
would be required to develop and issue detailed guidance to the
pertinent industry stakeholders, while section 507 would
require that DHS develop a plan for random physical inspection
of shipping containers. Two provisions of S. 1052, section 313
and 408, would require that the Secretaries of DHS and DOT
enter into an annex of a previously established Memorandum of
Agreement to delineate roles and responsibilities. Section 315
would require the DHS and DOT Secretaries to develop a national
plan for improved public outreach, which would entail
communication with citizens, although not necessarily in print
format. Section 407 would require the DHS Secretary to
promulgate regulations; section 506 would require initiation of
a rulemaking; section 508 would require promulgation of
standards and procedures for cargo screening and section 511
would require the DHS Secretary to issue a final rule for
transportation security cards.
The paperwork burden on industry or private individuals
concerns plans that would be developed and/or submitted for
review to DHS and DOT: these plans would be used for strategic
purposes or would be a pre-requisite for distributing grants.
For example, in section 312, rail carriers would be required to
develop and submit security threat mitigation plans which would
be updated and resubmitted for review, while section 401 would
require certain motor carriers to develop and maintain written
route plans. Illustrations of grant requirements are found in
section 304, where the DOT Secretary would have to approve
plans submitted by Amtrak before distributing grants for fire
and life-safety improvements; in section 307, where the DHS
Secretary would be authorized to award grants; however, prior
to award, applicants would have to follow qualification
procedures, including a requirement that the applicant have a
security plan; and in section 410, where the DHS Secretary
would not be required to award grants until private bus
operators submitted a plan for making security improvements.
Section-by-Section Analysis
TITLE I--AUTHORIZATIONS
Section 101. Transportation Security Administration authorization.
This section would authorize sums to be appropriated to DHS
for each of fiscal years 2007 through 2009 for aviation,
surface transportation security, intelligence, research and
development, and administration; $15.75 billion for aviation
security; $723 million for surface transportation security; $96
million for intelligence; and $1.6 billion for administration.
Section 102. Department of Transportation authorization.
This section would authorize sums to be appropriated to DOT
for each of fiscal years 2007 through 2009 to carry out title
III and IV of this Act. The total sums authorized to be
appropriated are $671 million over three years.
Section 103. Technology for transportation security.
Subsection (a) of this section would amend section
70107(i)(2)(B) of title 46, U.S.C. to insert ``not less than''
after Secretary.
Subsection (b) of this section would require the Secretary to
ensure that beginning after the date of enactment of this Act,
not less than eight percent of amounts appropriated to TSA and
the DHS Directorate of Science and Technology are used for
research and development for maritime security projects or
programs, including ferry systems, and not less than two
percent of such amounts are used for rail security projects or
programs.
Subsection (c) of this section would require within 120 days
of enactment of this Act the DHS Secretary to promulgate a
strategic plan for transportation research and development, and
update the plan not less than every two years. In promulgating
the plan, the Secretary would be required to ensure the
research needs of all major modes of transportation, identify
goals and objectives, include an adequate amount of basic
research, define the research and development roles of TSA and
the DHS Directorate of Science and Technology, coordinate
transportation research, including interoperable
communications, with other Federal agencies, and base the plan
on vulnerability and criticality assessments. This subsection
also would require the Homeland Security Science and Technology
Advisory Committee to evaluate the plan annually and recommend
changes to the research program under the plan.
The Secretary would be required to submit to Congress a copy
of the strategic plan, as well as a copy of the annual
evaluations and recommendations made by the Advisory Committee.
Subsection (d) would authorize the DHS Secretary to transfer
up to $15,000,000 to the National Institute of Science and
Technology to be obligated and expended for a focused program
in transportation security.
Subsection (e) would amend title III of the Homeland Security
Act of 2002 by adding a new section 314. This new section would
require the DHS Secretary, acting through the Under Secretary
for Science and Technology, to establish a competitive research
program within the Directorate. A Director appointed by the
Secretary would head the program. The Director would: establish
a co-funding mechanism for States and academic facilities to
support their security-related science and technology programs;
provide for conferences and other assistance to researchers and
academic institutions on topics related to science and
technology expertise; monitor States' efforts to develop
programs that support DHS's mission; implement a merit review
program to ensure the quality of research conducted with
program funding; and provide annual reports to the Secretary on
the progress and achievements of the program.
This subsection would require the Director to provide
assistance under the program for research and development
projects that are related to or qualify as homeland security
research. Such assistance may take the form as grants,
contracts, or cooperative agreements. For the first three
fiscal years of the program, assistance would be limited to
academic institutions located in States with academic
institutions with a grant from, or contract or cooperative
agreement with, the National Science Foundation.
Section 104. Reorganizations.
This section would require the DHS Secretary to notify
Congress in writing not less than 15 days before reorganizing
or renaming offices, reorganizing programs or activities, or
contracting out or privatizing any functions or activities
presently performed by Federal employees.
The Committee is concerned that reorganizations of DHS and
TSA have been undertaken without sufficient notice or
explanation to the Committee. While such reorganization may be
necessary and appropriate from time to time, the undertaking
without notice or explanation has complicated the Committee's
efforts to oversee and analyze DHS's programs, staff, and
policies within the Committee's jurisdiction. This section
would require that the Committee be notified of substantial
changes in DHS or TSA structure or policy before they occur to
ensure that the Committee can perform its oversight function
over areas within its jurisdiction.
Section 105. TSA acquisition management policy.
This section would amend section 114 of title 49 U.S.C. by
striking subsection (o), thus repealing TSA's exemption from
Federal procurement laws under FAR. This section would take
effect 180 days after the date of enactment of this Act.
TITLE II-- IMPROVED AVIATION SECURITY
Section 201. Post-fiscal year 2006 air carrier security fees.
This section would amend section 44940(a)(2) of title 49,
U.S.C., by precluding the Assistant Secretary of TSA from
increasing the aviation security infrastructure fee after
September 30, 2006, unless the fee or increase is imposed by
rule, and the rule is submitted to Congress not less than 60
days before its proposed effective date.
Section 202. Alternative collection methods for passenger security fee.
This section would require the Assistant Secretary of TSA to
study the feasibility of collecting the commercial aviation
passenger security fee authorized by section 44940 of title 49,
U.S.C., directly from passengers at, or before they reach, the
airport through a system developed or approved by TSA,
including the use of vending kiosks, other automated vending
devices, the Internet, or other remote vending sites.
Based on the study required by this section, the Secretary
would be required to develop such alternative collection
systems as the Assistant Secretary determines to be feasible.
The Secretary would be required to report to Congress within
six months the results of the study, along with recommendations
the Secretary deems appropriate. If the Secretary determines
that a system of direct collection from passengers is feasible,
the Secretary would be required to conduct demonstration
projects at no more than three airports within one year of
submitting the report to Congress.
Section 203. Employee retention internship program.
This section would require the Assistant Secretary of TSA to
establish a pilot program at not more than three airports for
training students to perform screening of passengers and
property. The program would be an internship for pre-employment
training of final-year students from public and private
secondary schools. Students would be compensated and be
required to agree, as a condition of participation in the
program, to accept employment as a screener upon successful
completion of the internship and upon graduation from the
secondary school. The Assistant Secretary would be required to
conduct these pilots at airports of various sizes, small,
medium and large.
Section 204. Repair station security.
Subsection (a) of this section would preclude the
Administrator of the Federal Aviation Administration from
certifying foreign repair stations under part 145 of title 14,
Code of Federal Regulations (CFR), if the regulations required
by section 44924(e) of title 49, U.S.C., are not issued within
90 days of the enactment of this Act.
Subsection (b) of this section amends section 44924 of title
49, U.S.C., and would mandate a 6-month deadline for security
review and audit, rather than 18 months.
TITLE III -- IMPROVED RAIL SECURITY
Section 301. Short title.
Section 301 would indicate that this title may be cited as
the ``Rail Security Act of 2005.''
Section 302. Rail transportation security risk assessment.
This section would require the DHS Secretary to establish a
task force to complete a vulnerability and risk assessment of
freight and passenger rail transportation. The Secretary would
be required to take into account actions taken or planned by
both public and private entities. Based on the findings of the
task force, within 180 days of enactment of this Act, the
Secretary would be required to develop and report to Congress
prioritized recommendations for improving rail security,
including any recommendations for: improving the security of
tunnels, bridges, and other infrastructure; deploying explosive
detection technologies and surveillance equipment; training
railroad or railroad shipper employees; educating rail
passengers; and identifying immediate and long-term costs
associated with addressing risks. This report, containing
prioritized recommendations, plans and cost estimates for the
security of the domestic rail system, would be updated and
submitted annually to Congress.
The Secretary would be required to include in his
recommendations a plan for the Federal government to provide
increased security support at high threat levels of alert, a
plan for coordinating existing and planned rail security
initiatives undertaken by the public and private sectors, and a
contingency plan developed in conjunction with the intercity
and commuter passenger railroads to ensure the continued
movement of freight and passengers in the event of an attack.
This section would authorize to be appropriated $5,000,000 for
fiscal year 2007 to carry out this section.
The Committee has long awaited a comprehensive rail security
risk assessment from DHS and TSA, and the enactment of this
provision would be intended to hasten its development.
Recognizing that, in addition to TSA's lead role, DOT, other
DHS agencies, and other Federal agencies contribute towards
Federal rail security efforts, this provision envisions the
establishment of a task force led by the DHS Secretary to
develop the assessment. The Committee also hopes that this
process will help led to the further delineation of roles and
responsibilities between the Federal entities involved.
Section 303. System-wide Amtrak security upgrades.
This section would authorize the DHS Secretary to make grants
to Amtrak to: secure major tunnel access points in New York,
Baltimore, and Washington, D.C.; secure Amtrak trains and
stations; obtain a watch list identification system and
interoperable communication system; hire additional police and
security officers; and expand emergency preparedness efforts.
The Secretary would be authorized to distribute grants to
Amtrak for projects contained in a system-wide security plan
approved by the Secretary. The Secretary would be required to
ensure that grants are distributed to areas outside of the
Northeast Corridor, consistent with the risk assessment
required under section 302 and in accordance with the highest
security needs of the Amtrak system.
This section would authorize to be appropriated $63,500,000
for fiscal year 2007, and $30,000,000 for each of fiscal years
2008 and 2009 for the DHS Secretary to carry out this section.
Section 304. Fire and life-safety improvements.
This section would authorize the DOT Secretary to make grants
to Amtrak for fire and life-safety improvements to Amtrak
tunnels on the Northeast Corridor.
This section would authorize $190,000,000 in funding for DOT
for each of fiscal years 2007 through 2009 to make fire and
life-safety improvements to the six New York tunnels;
$19,000,000 for each of fiscal years 2007 through 2009 for
improvements of the Baltimore & Potomac and Union tunnels in
Baltimore, Maryland; and $13,333,000 for each of fiscal years
2007 through 2009 for improvements of the Washington, D.C.,
Union Station tunnels. The DOT Secretary would be required to
approve plans submitted by Amtrak before distributing grants.
In addition, the Secretary may consider the feasibility of
seeking a financial contribution from other rail carriers
towards the cost of the project. This section also would
authorize $3 million for the preliminary design of a new rail
tunnel in downtown Baltimore, Maryland to provide redundancy
and augment existing capacity.
The amounts authorized by this section would allow Amtrak to
complete ongoing safety and security improvements primarily
focused on improving access and egress to and from Amtrak's
major Northeast Corridor rail tunnels and better lighting and
ventilation.
Section 305. Freight and passenger rail security upgrades.
This section would authorize the DHS Secretary to make grants
to freight railroads, the Alaska Railroad, hazardous materials
shippers, owners of rail cars used to transport hazardous
materials, institutions of higher education, State and local
governments, and, through the DOT Secretary, Amtrak, for full
or partial reimbursement of costs incurred to prevent or
respond to acts of terrorism, sabotage, or other
vulnerabilities or risks. The DHS Secretary would be required
to adopt necessary procedures to ensure that grants made under
this section are expended in accordance with the purposes of
this Act. Eligible activities for funding under this program
include: the development of secure and redundant communications
and tracking systems; explosive detection and screening
equipment; intercity passenger train and facility security;
hazardous materials rail transportation security; employee
security training; and canine teams and additional security
personnel. Grants available to Amtrak through this program
would be limited to no more than $45 million per year to ensure
that adequate funding is available for other purposes and to
other entities.
This section would authorize to be appropriated (subject to
certain limitations) $100,000,000 in funding for DHS for each
of fiscal years 2007 through 2009 for the Secretary to carry
out this section.
Section 306. Rail security research and development.
This section would require the DHS Secretary, in conjunction
with the DHS Under Secretary for Science and Technology and the
Assistant Secretary for TSA, and in consultation with the DOT
Secretary, to carry out a research and development program for
the purpose of improving freight and intercity passenger rail
security. In carrying out this section, the DHS Secretary would
be required to coordinate with other research and development
initiatives at DOT. This section would authorize to be
appropriated $35,000,000 in funding for DHS for each of fiscal
years 2007 through 2009 for the Secretary to carry out this
section.
The Committee believes that technology is an essential aspect
of efforts to improve security of the nation's railroads and
seeks to further the development of new, or the adaptation of
existing, technology for rail security uses. The Committee
expects this program to be a joint effort between DHS's Science
and Technology Directorate and TSA, with each agency providing
expertise and context to the endeavor.
Section 307. Oversight and grant procedures.
This section would authorize the DHS Secretary to use up to
.5 percent of amounts made available under the Rail Security
Act of 2005 to enter into contracts for the review of proposed
capital projects and related program management plans and to
oversee construction of such projects. The Secretary would be
required to prescribe procedures and schedules for the awarding
of grants under this Act, including application and
qualification procedures.
Section 308. Amtrak plan to assist families of passengers involved in
rail passenger accidents.
This section would require, not later than six months after
the date of enactment of this Act, Amtrak to submit to the
Chairman of the National Transportation Safety Board (NTSB),
the DOT Secretary and the DHS Secretary, a plan for addressing
the needs of families of passengers involved in any rail
passenger accident involving an Amtrak intercity train and
resulting in loss of life. The NTSB and various passenger
carriers currently offer assistance to the families of
passengers involved in transportation accidents. This provision
would require Amtrak, as well as enable NTSB, to offer similar
services to those impacted by accidents involving Amtrak
trains. This new section would authorize to be appropriated
$500,000 in funding for fiscal year 2007 from this Act for the
DOT Secretary to carry out this new section.
Section 309. Northern border rail passenger report.
This section would require the DHS Secretary, in consultation
with the DOT Secretary, heads of other appropriate Federal
departments and agencies, and the National Railroad Passenger
Corporation, within 180 days of enactment of this Act, to
submit a report to Congress that contains: a description of the
current system for screening passengers and baggage on rail
service between the United States and Canada; an assessment of
the current program to provide pre-clearance of airline
passengers between the United States and Canada; an assessment
of the current program to provide pre-clearance of freight
railroad traffic between the United States and Canada;
information on progress by the Federal government towards
finalizing a bilateral protocol with Canada that would provide
for pre-clearance of passengers on trains operating between the
United States and Canada; a description of legislative,
regulatory, budgetary, or policy barriers to providing pre-
screened passenger lists for such passengers; a description of
the Canadian position with respect to pre-clearance; a draft of
any changes to Federal law necessary to allow for pre-
screening; and a feasibility analysis of reinstating in-transit
inspections onboard international Amtrak trains.
The Committee is concerned that passenger and baggage
screening procedures at rail lines on the northern border are
seriously delaying Amtrak trains. The Committee understands
that delays at the border in Michigan were so severe that
Amtrak and its connecting Canadian rail carrier, VIA Canada,
were forced to discontinue service between Chicago and Toronto.
While the Committee supports robust border protection, the
process used should not unduly impact Amtrak service when
possible. The Committee expects the DHS Secretary to work with
agencies within the Department to minimize delays affecting
trans-national Amtrak passengers at the border.
Section 310. Rail worker security training program.
This section would require the DHS and DOT Secretaries,
within 180 days after the enactment of this Act, to work with
law enforcement officials, and terrorism and rail experts, to
develop and issue detailed guidance for a railroad worker
security training program to prepare front-line workers for
potential security threats. This section also would require
railroad carriers to adopt a worker security training program
in accordance with the guidance and submit it to the DHS
Secretary for review and comment. Within one year after the
Secretary reviews the rail carriers' training programs, the
railroad carriers would be required to complete the training of
front-line workers.
The Committee is concerned that while many rail carriers may
have developed security training program plans, that not all
frontline rail workers have received training. Testimony before
the Committee highlighted this issue as the plans have been
developed, but those plans need to be implemented more
robustly. Additionally, the Committee believes that labor
organizations representing rail workers should play a stronger
role providing security training and awareness to their
members. The guidance developed by Secretaries through this
section should reflect these concerns and also take into
account the different security concerns, resources, and
expertise associated with different types and sizes of rail
carriers.
Section 311. Whistleblower protection program.
This section would preclude rail carriers from discharging a
railroad employee or otherwise discriminate against a railroad
employee because the employee: provided, caused to be provided,
or is about to provide, to the employer or the Federal
government information relating to a reasonably perceived
threat to security; provided, caused to be provided, or is
about to provide testimony before a Federal or State
proceeding; or refused to violate or assist in violation of any
law or regulation related to rail security. This section also
addresses dispute resolution, procedural requirements, election
of remedies, and disclosure of identity of whistleblowers.
The Committee believes that extending whistleblower
protection to employees, patterned off existing protection in
other transportation sectors, would help to ensure that
employees can safely raise legitimate and reasonable security
concerns to employees or others without fear of reprisal.
Section 312. High hazard material security threat mitigation plans.
This section would direct the DHS and DOT Secretaries to
require rail carriers transporting a high hazard material to
develop security threat mitigation plans, including alternative
routing and temporary shipments suspension options, and to
address assessed risks to high-consequence targets. These
threat mitigation plans would be implemented when the threat
levels of the Homeland Security Advisory System are high or
severe and specific intelligence of probable or imminent threat
exists toward high-consequence rail targets or infrastructure.
Route plans would be required to be submitted within 60 days of
enactment of this Act; mitigation plans would be required to be
submitted within 180 days upon notification of high consequence
targets by the Secretary. The plan and related information
submitted to the Secretary for review and comment would be
protected as sensitive security information (SSI). Each rail
carrier would be required to update and resubmit its plan for
review not less than every 2 years.
The Committee believes that the plans required under this
section would help to ensure that high-consequence targets near
rail lines(major government buildings, public gatherings;
critical assets or infrastructure, etc.) are protected during
elevated security threat levels. The DHS Secretary would
designate the high-consequence targets on routes over which
high-hazard materials are transported and rail carriers would
develop plans to mitigate risks for those targets in accordance
with threat levels and other intelligence.
Section 313. Memorandum of agreement.
This section would require within one year of the date of
enactment of this Act the DHS and DOT Secretaries to enter into
an annex to their September 28, 2004 memorandum of agreement to
delineate certain roles, resources, and commitments of DHS and
DOT in addressing railroad transportation security matters,
including the processes the departments will follow to promote
communications, efficiency, and non-duplication of efforts.
Section 314. Rail security enhancements.
This section would amend section 28101 of title 49, U.S.C.,
to expand the law enforcement authority of rail police officers
to rail properties other than those owned or operated by a rail
police officers' employer. This change enhances rail police
officers' ability to respond to emergencies and pursue law
enforcement actions in railroad terminal areas where several
railroads operate in close proximity. This section would
require that the DOT Secretary, in consultation with the DHS
Secretary, review within one year after the date of enactment
of this Act, the DOT's current rail regulations for the purpose
of identifying possible revisions that would improve rail
security.
Section 315. Public awareness.
This section would require within 90 days of enactment of
this Act the DHS Secretary, in consultation with the DOT
Secretary, to develop a national plan for improved public
outreach and awareness of measures that the general public,
railroad passengers, and railroad employees can take to
increase railroad system security. Not later than nine months
after the date of enactment of this Act, the DHS Secretary
would implement this plan.
Section 316. Railroad high hazard material tracking.
This section would require the DHS Secretary to develop a
program that will encourage the equipping of rail cars
transporting high hazard materials with wireless terrestrial or
satellite communications technology that provides information
concerning car position, depressurization, and the release of
hazardous materials. The Secretary of DHS would be required to
consult with the Secretary of DOT to coordinate the program
with any similar efforts for rail car tracking within DOT and
with DHS hazardous material tank rail car tracking pilot
programs. This section would authorize to be appropriated
$3,000,000 in funding for each of fiscal years 2007 through
2009 for the Secretary to carry out this section.
The Committee understands that there are on-going rail car
tracking pilot programs now underway and that some rail car
owners are already deploying tracking and monitoring equipment
for tank cars carrying hazardous materials. The Committee seeks
to encourage further deployment and development of this
technology for both security and safety reasons.
TITLE IV--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
Section 401. Written plans for hazardous materials highway routing.
This section would require, within 180 days of enactment of
this Act, the DOT Secretary to mandate that each motor carrier
that is required to have a hazardous material safety permit
under part 385 of title 49, CFR, maintain a written route plan
that meets the components of section 397.101 of that title when
transporting the type and quantity of hazardous materials
described in section 385.403 of that title.
Section 402. Motor carrier high-hazard material tracking.
This section would require the DHS Secretary, through TSA,
and in consultation with the DOT Secretary, to develop a
program to encourage the equipping of motor carriers
transporting high-hazard materials in specified quantities with
wireless communications technology that provides continuous
communications, vehicle position and location and tracking
capabilities, and an emergency broadcast capability. This
section would make available $3,000,000 of the funds
appropriated under section 114(u)(2) of title 49, U.S.C., to
carry out this Act for each of fiscal years 2007 through 2009.
The Committee's review of the Federal Motor Carrier Safety
Administration's Field Operation Test of hazardous material
truck tracking technology and current wide deployment of
tracking and monitoring equipment for trucks carrying hazardous
materials leads the Committee to seek to encourage further
deployment and development of this technology for both security
and safety reasons.
Section 403. Truck leasing security training guidelines.
This section would require within 180 days of enactment of
this Act the DHS Secretary, through TSA, and in consultation
with the Federal Motor Carrier Safety Administration, to
develop and make available security training guidelines for
short-term truck leasing operations consistent with existing
industry best practices as determined by the DHS Secretary.
This section would make available $1,000,000 of the funds
appropriated under section 114(u)(2) of title 49, U.S.C., to
carry out this Act for fiscal year 2007.
The Committee encourages the DHS Secretary to conduct
outreach sessions and communicate proposed guidelines to
industry.
Section 404. Hazardous materials security inspections and enforcement.
This section would require the DHS Secretary to establish a
program within TSA, in consultation with the DOT Secretary, for
reviewing hazardous materials security plans as required under
part 172, title 49, CFR, within 180 days of the enactment of
this Act. Failure by any covered person under part 172 to
comply with any applicable section of that part within 180 days
after being notified by the DHS Secretary would be punishable
by a civil penalty. In reviewing compliance with part 172, the
Secretary would be required to utilize risk assessment
methodologies to prioritize review and enforcement actions to
the most vulnerable and critical hazardous materials
transportation operations.
This section also would require within one year of enactment
of this Act the DOT Secretary, in conjunction with the DHS
Secretary, to study to what extent the insurance, security, and
safety costs borne by carriers of hazardous materials are
reflected in the rates paid by shippers of such commodities, as
compared to such costs and rates borne and paid, respectively,
for the transportation of non-hazardous materials.
This section would make available $2,000,000 of the funds
appropriated under section 114(u)(2) of title 49, U.S.C., to
carry out this Act for each of fiscal years 2007 through 2009.
Section 405. Truck security assessment.
This section would require the DOT Secretary to transmit a
report to Congress on trucking security issues. This report
would be required to include an assessment of security related
measures taken by both public and private entities; an
assessment of economic impact on the trucking industry,
including employees and independent owner-operators, of
upgrading trucks, equipment and facilities; an assessment of
current research and the need for additional research on truck
security; and an assessment of industry best practices to
enhance security.
Section 406. Pipeline security and incident recovery plan.
This section would require the DHS Secretary, in consultation
with the DOT Secretary and the Pipeline and Hazardous Materials
Safety Administration, and in accordance with the Memorandum of
Understanding Annex executed under section 407 of this Act, to
develop a Pipeline Security and Incident Recovery Protocols
Plan. The Plan would be required to include a plan for the
Federal government to provide increased security support to the
most critical natural gas and hazardous liquid transmission
pipeline infrastructures and operations during periods of
elevated threat levels, and when specific threat information
relating to such pipeline infrastructure or operations exists.
The plan would also be required to include an incident recovery
protocol plan, developed in conjunction with industry, to
ensure no disruption of commerce in the event of an incident.
The plan would also include current or planned actions by
public and private entities to address pipeline security issues
and an evaluation of the plans' effective integration.
This section also would require that within one year of
enactment of this Act the DHS Secretary transmit to Congress a
report containing the plan required in this section, along with
an estimate of the private and public sector costs to implement
any recommendations. This section would make available
$1,000,000 of the funds appropriated under section 114(u)(2) of
title 49, U.S.C., to carry out this Act for fiscal year 2007.
The Committee understands that one of the most significant
effects of a terrorist or other attack against pipelines assets
would be disruption to the nation's energy supply. With this in
mind, this section is designed to promote active planning and
coordination between Federal entities and the pipeline
industries to protect against pipeline disruptions and ensure
that the recovery for any incident is swift and efficient in
order to protect the integrity of the nation's energy supply.
Section 407. Pipeline security inspections and enforcement.
This section would require within one year of enactment of
this Act the DHS Secretary, in consultation with the DOT
Secretary, to establish a program to review pipeline operators'
adoption of recommendations in the September 5, 2002, DOT
Research and Special Programs Administration Pipeline Security
Information Circular. The DHS Secretary would be required to
complete within nine months a review of pipeline security plan
and inspection of the 100 most critical pipeline operators
covered by the Circular, and where such facilities have not
been inspected for security purposes by either DHS or DOT. In
reviewing operator compliance, the DHS Secretary would be
required to utilize risk assessment methodologies to prioritize
vulnerabilities and focus enforcement actions.
This section also would require within one year of enactment
of this Act the DHS Secretary to promulgate regulations for
securing natural gas and hazardous liquid pipelines and
pipeline facilities and carry out necessary inspection and
enforcement actions. This section would make available
$2,000,000 of the funds appropriated under section 114(u)(2) of
title 49, U.S.C., to carry out this Act for each of fiscal
years 2007 and 2008.
The Committee would encourage DHS to cooperate with DOT,
specifically the Pipeline and Hazardous Materials Safety
Administration, in the review of the pipeline plans as well as
the inspection of critical infrastructure.
Section 408. Memorandum of agreement.
This section would require within six months of enactment of
this Act the DOT Secretary and the DHS Secretary to execute and
develop an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, in addressing
pipeline security and hazardous materials transportation
security matters.
Section 409. National public sector response system.
This section would require the DHS Secretary, in conjunction
with the DOT Secretary, to develop a national public sector
response system to receive security alerts, which can provide
actionable information to appropriate first responder, law
enforcement and public safety, and homeland security officials.
The DHS Secretary would be required to consult with public and
private stakeholders in developing this system. The system
would be required to have certain capabilities and
characteristics as described in this Act.
This section would also require within 180 days of enactment
of this Act the DHS Secretary to transmit to Congress a report
on the estimated public and private costs to establish and
annually operate the system.
This section would make available $1,000,000 of the funds
appropriated under section 114(u)(2) of title 49, U.S.C., to
carry out this Act for each of fiscal years 2007 through 2009.
Section 410. Over-the-road bus security assistance.
This section would require the DHS Secretary to establish
within TSA a program for making grants to private operators of
over-the-road buses (characterized by an elevated passenger
deck located over a baggage compartment) or over-the-road bus
terminals for system-wide security improvements to their
operations. This section would require the Federal share of the
cost for which any grant is made to be 80 percent. All grants
made under this section would be subject to the terms and
conditions that a grant is subject to under section 3038(f) of
the Transportation Equity Act for the 21st Century (49 U.S.C.
5310 note; 112 Stat. 393). No grant would be made under this
section to a private bus operator until the operator has first
submitted a plan for making security improvements to the DHS
Secretary, along with any other information the DHS Secretary
may require.
This section would require within 180 days of enactment of
this Act the DHS Secretary to submit to Congress a preliminary
report containing an assessment of actions already taken by
public and private entities, whether additional legislation is
necessary, the economic impact of security upgrades on the bus
industry, ongoing research on bus security, and best practices
to enhance bus security.
This section would make available $50,000,000 of the funds
appropriated under section 114(u)(2) of title 49, U.S.C., to
carry out this Act for each of fiscal years 2007 through 2009.
TITLE V--IMPROVED MARITIME SECURITY
Section 501. Establishment of additional interagency operational
centers for port security.
This section would direct the Commandant of the Coast Guard
to develop additional Joint Operations Command Centers with the
appropriate Federal, State and local jurisdictions stationed at
each port area to co-locate assets and resources to improve
interagency cooperation and the sharing of intelligence
information in the maritime domain. There are currently four
pilot centers in Miami, Florida; Norfolk, Virginia; Charleston,
South Carolina; and San Diego, California. Specifically, the
subsections would do the following:
Subsection (a) of this section would require the Secretary of
Homeland Security, through the Commandant of the Coast Guard,
to establish interagency operational centers for port security
at all high priority ports.
Subsection (b) of this section would set forth
characteristics to be met by the interagency operational
centers including: being based on the most appropriate
compositional and operational characteristics of existing pilot
centers; being adapted to meet the security needs,
requirements, and resources of the individual port area at
which the center operates; include participants from CPB, TSA,
the Department of Defense, State and local law enforcement of
port security agencies and personnel, and other appropriate
Federal agencies; and being incorporated into plans developed
pursuant to provisions of MTSA.
Subsection (c) of this section would maintain the requirement
that the Commandant issue a report pursuant to the Coast Guard
and Maritime Transportation Act of 2005 and utilize the
information derived from it to carry out this section.
Subsection (d) of this section would require the DHS
Secretary to transmit a proposed budget analysis for
establishing the interagency operational centers, including
cost-sharing arrangements with other Federal departments and
agencies involved in the operation of the centers.
It is the Committee's intent that creation of additional
interagency operational centers will foster greater cooperation
and communication among Federal, State and local stakeholders
and thereby enhance security of port operations.
Section 502. Area maritime transportation security plan to include
salvage response plan.
Pursuant to MTSA (P.L. 107-295),all port areas were required
to conduct an Area Maritime Transportation Security Plan
(AMTSP) to deter a transportation security incident in or near
the area to the maximum extent possible. The plan is required
to integrate facility and vessel vulnerability assessments to
develop a unity of command in preparing, prevent, and
responding to a transportation security incident. Additionally,
the plans must identify critical assets in the region of
special importance to national security and implement standards
and procedures to protect such facilities. The plans are
required to be updated every five years.
Upon the next renewal of the AMTSP, the Coast Guard is
required to identify salvage vessels and equipment in the
region to ensure the flow of cargo through U.S. ports in re-
established as efficiently and quickly as possible should a
transportation security incident occur.
This section would amend section 70103(b)(2) of title 46,
U.S.C., to include the requirement that the Federal Maritime
Security Coordinator incorporate a salvage response plan in its
existing AMTSPs.
Section 503. Priority to certain vessels in post-incident resumption of
trade.
To facilitate the flow of maritime commerce as expeditiously
as possible without compromising national security, this
provision would direct the Coast Guard to allow vessels with
Coast Guard approved vessel security plans, manned by Merchant
Mariners who have undergone background checks or have a
Transportation Worker Identification Credential (TWIC), and
whose cargo has been screened through the Automated Targeting
System (ATS), to enter into U.S. ports.
This section would amend section 70103(a)(2)(J) of title 46,
U.S.C., to extend preference to certain vessels after a
transportation security incident. Specifically, the plan would,
to the extent practicable, grant preference to vessels that
have a security plan approved under 70103(c); vessels manned by
individuals with a license, certificate of registry, or
merchant mariners document and who have undergone a background
records check or who hold a transportation worker
identification card; and vessels on which all the cargo has
undergone screening and inspection at foreign ports as required
by section 70116(b)(2) of title 49, U.S.C.
Section 504. Assistance for foreign ports.
Subsection (a) would strike the current title of section
70109, rename it ``International cooperation and
coordination,'' and would add a new subsection (c) requiring
the DHS Secretary, in consultation with the Secretaries of
Transportation, State, and Energy, and the Commandant of the
Coast Guard, to identify foreign assistance programs that could
facilitate implementation of port security antiterrorism
measures at ports in foreign countries. The new subsection
would also require such programs focus on assistance to the
Caribbean Basin.
Subsection (b) would require the Comptroller General to
submit a report on the security of ports in the Caribbean Basin
specifically assessing the effectiveness of the measures
currently in place to improve security at those ports and make
recommendations for any additional measures to improve such
security. In addition, the Comptroller General would be
required to estimate the number of ports in the Basin that will
not be secured by January 1, 2007; estimate the financial
impact in the United States of any action taken when foreign
ports do not maintain effective antiterrorism measures as
called for by section 70110 of title 49, U.S.C.; and assess
what additional resources and program changes are necessary to
maximize security at ports in the Basin.
In an effort to improve international port security
standards, the Committee placed emphasis in this section on the
Caribbean Basin countries because they pose unique security and
safety threats due to their strategic location between South
America and the United States, the relative openness of their
ports, and the significant numbers of transshipments of
narcotics to the United States from that region. It is also the
intent of the Committee to encourage ongoing efforts by DHS
regarding programs such as the Container Security Initiative
(CSI).
Section 505. Improved data used for targeted cargo searches.
Under 46 U.S.C. 70116 and (b)(1) and section 108 of MTSA,
P.L. 107-295, the Committee-led effort mandated the advanced
notification of cargo entering the United States to the Customs
Service prior to being loaded on a vessel bound for the United
States for the screening and the evaluation of threats to our
national security. Much of this information is based on
manifest data being input electronically by the shipper to CBP
for screening by ATS. Since the screening cargo shipment
information means that in essence we are relying in the
veracity of the entity shipping cargo, the manifest information
is only as reliable as the entity inputting the information.
While it may help identify anomalies based on historical
shipping behavior and irregularities that could point to
potential security breaches, someone with a degree of knowledge
of shipping could avoid detection. CBP inspectors at ports
visited by GAO ``characterized the ship's manifest as one of
the least reliable or useful types of information for targeting
purposes.'' (11, GAO-04-325T) Additionally, various types of
shipments lend themselves to a cloaking of the real parties of
interest, either by virtue of the change of title after goods
have arrived in the United States, or by virtue of using a
cargo consolidator.
Therefore, this section would require importers also to file
more complete entry data to CBP allowing CBP to compare the two
data sets for consistency and potential discrepancy thereby
improving the targeting of high-risk cargo by the ATS system.
Entry data is widely recognized and the best and most
comprehensive cargo information available.
This section would require the DHS Secretary to require
importers shipping goods to the United States via cargo
container to supply entry data not later than 24 hours in
advance of loading a container under the advance notification
requirements of section 484(a)(2) of the Tariff Act of 1930 (19
U.S.C. 1484(a)(2)). This section would apply to goods shipped
after July 1, 2006.
This section would authorize to be appropriated $30,700,000
in funding to carry out this section for fiscal year 2007,
$33,200,000 for fiscal year 2008, and $35,700,000 for fiscal
year 2009. Such amounts would be in addition to any other
amounts authorized to carry out that program.
The term ``entry data'' may also be read as ``Advanced Trade
Data.''
Section 506. Technical requirements for non-intrusive inspection
equipment.
In a recent report (GAO-05-187SU), GAO found that DHS lacked
minimum technical requirements for the non-intrusive inspection
equipment used as part of CSI. Thereby, CBP has limited
assurances that the equipment in use can successfully detect
weapons of mass destruction. Concerns have been raised that the
technology being used to screen high-risk cargo entering the
United States is not sufficiently robust to carry out this
critical mission. Therefore, this section requires CBP, in
consultation with the National Institute of Science and
Technology, to develop minimal technical requirements for the
performance of non-intrusive inspection equipment.
This section would require within two years of enactment of
this Act the CBP Commissioner, in consultation with the
National Institute of Science and Technology, to initiate a
rulemaking to establish minimum technical requirements for the
capabilities of non-intrusive inspection equipment that help
ensure that all equipment used can detect risks and threats as
determined appropriate by the DHS Secretary.
The term ``non-intrusive inspection equipment'' may also be
defined as a container security device (CSD), global
positioning system (GPS), or other technological advancement
that would be considered in this category. Such equipment would
be used by ``trusted shippers'' who meet the applicable
security criteria as defined by the DHS Secretary.
Section 507. Random inspection of containers.
This section would require within one year of the enactment
of this Act the CBP Commissioner to develop and implement a
plan, utilizing best practices for empirical scientific
research design and random sampling standards, for random
physical inspection of shipping containers in addition to any
targeted or pre-shipment inspection of such containers as
required by law.
Section 508. Cargo security.
This section would amend chapter 701 of title 46, U.S.C., by
inserting a new section 70121. The new section 70121 would
require the DHS Secretary to promulgate standards and
procedures for evaluating and screening cargo documents prior
to loading cargo in a foreign port for shipment to the United
States, and the inspection of high-risk cargo in a foreign port
intended for shipment to the United States. This section also
would require the CBP Commissioner to execute inspection and
screening protocols with authorities in foreign ports to ensure
that the standards and procedures required by this section are
implemented in an effective manner.
This section would authorize the DHS Secretary to extend this
container security initiative by designating additional foreign
seaports under certain circumstances, including after making a
determination that the Secretary of State has completed
negotiations with representatives of the foreign country to
ensure compliance with the initiative.
This section would authorize to be appropriated $142,000,000
in funding to carry out this section for fiscal year 2007,
$144,000,000 for fiscal year 2008, and $146,000,000 for fiscal
year 2009.
Section 509. Secure systems of international inter-modal
transportation.
This section would amend section 70116 of title 46, U.S.C.,
by bolstering existing law to ensure more robust protection of
goods entering the United States. The DHS Secretary would be
required to establish a program to evaluate and certify secure
systems of international inter-modal transportation to ensure
the security and integrity of shipments of goods entering the
United States from the time such goods are initially packed
into a cargo container for international shipment until they
arrive at the ultimate U.S. destination. The Secretary would be
required to facilitate the movement of such goods through the
entire supply chain through an expedited security and clearance
process.
This section also would require the DHS Secretary to
establish standards and procedures to verify that cargo
containers are: free of unauthorized hazardous chemical,
biological, or nuclear materials and securely sealed; screened
and evaluated prior to loading at the foreign ports and
monitored while in transit; contained with authorized seals and
locks; and in compliance as validated by the United States
Government. Lastly, the Commissioner of Custom and Border
Protection would be granted authority to provide expedited
clearance of cargo as a benefit of compliance.
Section 510. Port security user fee study.
This section would require the DHS Secretary to conduct a
study of the feasibility of establishing a system of oceanborne
and port-related inter-modal transportation user fees imposed
and collected as a revenue source to provide necessary funding
for the maintenance and enhancement of port security. The DHS
Secretary would be required within one year of the enactment of
this Act to submit a report to Congress containing the
Secretary's findings and recommendations, including legislative
proposals if necessary. The report to Congress also should
include an assessment of the annual amount of custom fees and
duties collected and percentage dedicated to security.
Section 511. Deadline for transportation security cards.
This section would require that the DHS Secretary issue a
final rule under 70105 of title 46, U.S.C., no later than
January 1, 2007.
Section 512. Port security grants.
This section would amend section 70107(a) of title 46,
U.S.C., by ensuring that port security grants are allocated
based on an analysis by the DHS Secretary of risk and
vulnerability, and the purposes for which grants may be used.
This section also would amend section 70107(e) by authorizing
the DHS Secretary to execute a letter of intent to commit
funding to port sponsors from the grant fund.
Section 513. Customs-Trade Partnership Against Terrorism (C-TPAT)
Security Validation Program.
This section would further amend chapter 701 of title 46,
U.S.C., as amended by section 508 of this Act, by creating a
new section 70122. This new section would require the CBP
Commissioner to: strengthen the process to validate the
security programs of C-TPAT members; within six months after
the enactment of this Act complete human capital plans
describing how the program will recruit, train, and retain
sufficient staff to carry out the program successfully; and
implement a records management system that documents key
decisions and significant operational events accurately and in
a timely manner.
This section would authorize to be appropriated $60,000,000
in funding to carry out this Act for fiscal year 2007,
$65,000,000 for fiscal year 2008, and $72,000,000 for fiscal
year 2009.
Section 514. Work stoppages and employee-employer disputes.
This section would amend section 70101(6) of title 46,
U.S.C., by making clear that the definition of ``economic
disruption'' does not include a work stoppage or other non-
violent employee-related action resulting from an employee-
employer dispute.
Section 515. Appeal of denial of waiver for transportation security
card.
This section would amend section 70105(c)(3) of title 46,
U.S.C., to afford those individuals denied a waiver by the DHS
Secretary to receive a transportation security card the ability
to appeal the decision.
Section 516. Inspection of car ferries entering from Canada.
This section would require the DHS Secretary, within 120 days
of enactment of this act, to develop a plan for the inspection
of passengers and vehicles prior to any boarding of a ferry
bound for a U.S. port. The DHS Secretary would coordinate this
planning with the Secretary of State and with relevant Canadian
counterparts.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
HOMELAND SECURITY ACT OF 2002
TITLE III--SCIENCE AND TECHNOLOGY IN SUPPORT OF HOMELAND SECURITY
SEC. 314. COMPETITIVE RESEARCH PROGRAM.
(a) In General.--
(1) Establishment.--The Secretary, acting through the
Under Secretary for Science and Technology, shall
establish a competitive research program within the
Directorate.
(2) Director.--The program shall be headed by a
Director, who shall be appointed by the Secretary. The
Director shall report to the Under Secretary.
(3) Duties of Director.--In the administration of the
program, the Director shall--
(A) establish a cofunding mechanism for
States with academic facilities that have not
fully developed security-related science and
technology to support burgeoning research
efforts by the faculty or link them to
established investigators;
(B) provide for conferences, workshops,
outreach, and technical assistance to
researchers and institutions of higher
education in States on topics related to
developing science and technology expertise in
areas of high interest and relevance to the
Department;
(C) monitor the efforts of States to develop
programs that support the Department's mission;
(D) implement a merit review program,
consistent with program objectives, to ensure
the quality of research conducted with Program
funding; and
(E) provide annual reports on the progress
and achievements of the Program to the
Secretary.
(b) Assistance Under the Program.--
(1) Scope.--The Director shall provide assistance
under the program for research and development projects
that are related to, or qualify as, homeland security
research (as defined in section 307(a)(2)) under the
program.
(2) Form of assistance.--Assistance under the program
can take the form of grants, contracts, or cooperative
arrangements.
(3) Applications.--Applicants shall submit proposals
or applications in such form, at such times, and
containing such information as the Director may
require.
(c) Implementation.--
(1) Start-up phases.--For the first 3 fiscal years
beginning after the date of enactment of the Border
Infrastructure and Technology Integration Act of 2004,
assistance under the program shall be limited to
institutions of higher education located in States in
which an institution of higher education with a grant
from, or a contract or cooperative agreement with, the
National Science Foundation under section 113 of the
National Science Foundation Act of 1988 (42 U.S.C.
1862) is located.
(2) Subsequent fiscal years.--
(A) In general.--Beginning with the 4th
fiscal year after the date of enactment of this
Act, the Director shall rank order the States
(excluding any noncontiguous State (as defined
in section 2(14)) other than Alaska, Hawaii,
the Commonwealth of Puerto Rico, and the Virgin
Islands) in descending order in terms of the
average amount of funds received by
institutions of higher education (as that term
is defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)) in
each State that received financial assistance
in the form of grants, contracts, or
cooperative arrangements under this title
during each of the preceding 3 fiscal years.
(B) Allocation.--Beginning with the 4th
fiscal year after the date of enactment of this
Act, assistance under the program for any
fiscal year is limited to institutions of
higher education located in States in the
lowest third of those ranked under subparagraph
(A) for that fiscal year.
(C) Determination of location.--For purposes
of this paragraph, an institution of higher
education shall be considered to be located in
the State in which its home campus is located,
except that assistance provided under the
program to a division, institute, or other
facility located in another State for use in
that State shall be considered to have been
provided to an institution of higher education
located in that other State.
(D) Multiyear assistance.--For purposes of
this paragraph, assistance under the program
that is provided on a multi-year basis shall be
counted as provided in each such year in the
amount so provided for that year.
(d) Funding.--The Secretary shall ensure that no less than 5
percent of the amount appropriated for each fiscal year to the
Acceleration Fund for Research and Development of Homeland
Security Technologies established by section 307(c)(1) is
allocated to the program established by subsection (a).
TITLE 46, UNITED STATES CODE
CHAPTER 701. PORT SECURITY
Sec. 70101. Definitions
For the purpose of this chapter:
(1) The term ``Area Maritime Transportation Security
Plan'' means an Area Maritime Transportation Security
Plan prepared under section 70103(b).
(2) The term ``facility'' means any structure or
facility of any kind located in, on, under, or adjacent
to any waters subject to the jurisdiction of the United
States.
(3) The term ``National Maritime Transportation
Security Plan'' means the National Maritime
Transportation Security Plan prepared and published
under section 70103(a).
(4) The term ``owner or operator'' means--
(A) in the case of a vessel, any person
owning, operating, or chartering by demise,
such vessel; and
(B) in the case of a facility, any person
owning, leasing, or operating such facility.
(5) The term ``Secretary'' means the Secretary of the
department in which the Coast Guard is operating.
(6) The term ``transportation security incident''
means a security incident resulting in a significant
loss of life, environmental damage, transportation
system disruption, or economic disruption in a
particular area. In this paragraph, the term `economic
disruption' does not include a work stoppage or other
nonviolent employee-related action resulting from an
employee-employer dispute.
Sec. 70103. Maritime transportation security plans
(a) National Maritime Transportation Security Plan.--
(1) Not later than April 1, 2005, the Secretary shall
prepare a National Maritime Transportation Security
Plan for deterring and responding to a transportation
security incident.
(2) The National Maritime Transportation Security
Plan shall provide for efficient, coordinated, and
effective action to deter and minimize damage from a
transportation security incident, and shall include the
following:
(A) Assignment of duties and responsibilities
among Federal departments and agencies and
coordination with State and local governmental
agencies.
(B) Identification of security resources.
(C) Procedures and techniques to be employed
in deterring a national transportation security
incident.
(D) Establishment of procedures for the
coordination of activities of--
(i) Coast Guard maritime security
teams established under this chapter;
and
(ii) Federal Maritime Security
Coordinators required under this
chapter.
(E) A system of surveillance and notice
designed to safeguard against as well as ensure
earliest possible notice of a transportation
security incident and imminent threats of such
a security incident to the appropriate State
and Federal agencies.
(F) Establishment of criteria and procedures
to ensure immediate and effective Federal
identification of a transportation security
incident, or the substantial threat of such a
security incident.
(G) Designation of--
(i) areas for which Area Maritime
Transportation Security Plans are
required to be prepared under
subsection (b); and
(ii) a Coast Guard official who shall
be the Federal Maritime Security
Coordinator for each such area.
(H) A risk-based system for evaluating the
potential for violations of security zones
designated by the Secretary on the waters
subject to the jurisdiction of the United
States.
(I) A recognition of certified systems of
intermodal transportation.
(J) A plan for ensuring that the flow of
cargo through United States ports is
reestablished as efficiently and quickly as
possible after a transportation security
incident. The plan shall provide, to the extent
practicable, preference in the reestablishment
of the flow of cargo through United States
ports after a transportation security incident
to--
(i) vessels that have a vessel security plan
approved under subsection (c);
(ii) vessels manned by individuals who are
described in section 70105(b)(2)(B) and who
have undergone a background records check under
section 70105(d) or who hold transportation
security cards issued under section 70105; and
(iii) vessels on which all the cargo has
undergone screening and inspection under
standards and procedures established under
section 70116(b)(2) of this title.
(3) The Secretary shall, as the Secretary considers
advisable, revise or otherwise amend the National
Maritime Transportation Security Plan.
(4) Actions by Federal agencies to deter and minimize
damage from a transportation security incident shall,
to the greatest extent possible, be in accordance with
the National Maritime Transportation Security Plan.
(5) The Secretary shall inform vessel and facility
owners or operators of the provisions in the National
Transportation Security Plan that the Secretary
considers necessary for security purposes.
(b) Area Maritime Transportation Security Plans.--
(1) The Federal Maritime Security Coordinator
designated under subsection (a)(2)(G) for an area
shall--
(A) submit to the Secretary an Area Maritime
Transportation Security Plan for the area; and
(B) solicit advice from the Area Security
Advisory Committee required under this chapter,
for the area to assure preplanning of joint
deterrence efforts, including appropriate
procedures for deterrence of a transportation
security incident.
(2) The Area Maritime Transportation Security Plan
for an area shall--
(A) when implemented in conjunction with the
National Maritime Transportation Security Plan,
be adequate to deter a transportation security
incident in or near the area to the maximum
extent practicable;
(B) describe the area and infrastructure
covered by the plan, including the areas of
population or special economic, environmental,
or national security importance that might be
damaged by a transportation security incident;
(C) describe in detail how the plan is
integrated with other Area Maritime
Transportation Security Plans, and with
facility security plans and vessel security
plans under this section;
(D) include consultation and coordination
with the Department of Defense on matters
relating to Department of Defense facilities
and vessels;
(E) include any other information the
Secretary requires; [and]
(F) include a salvage response plan--
(i) to identify salvage equipment
capable of restoring operational trade
capacity; and
(ii) to ensure that the flow of cargo
through United States ports is re-
established as efficiently and quickly
as possible after a transportation
security incident; and
[(F)] (G) be updated at least every 5 years
by the Federal Maritime Security Coordinator.
(3) The Secretary shall--
(A) review and approve Area Maritime
Transportation Security Plans under this
subsection; and
(B) periodically review previously approved
Area Maritime Transportation Security Plans.
(4) In security zones designated by the Secretary in
each Area Maritime Transportation Security Plan, the
Secretary shall consider--
(A) the use of public/private partnerships to
enforce security within the security zones,
shoreside protection alternatives, and the
environmental, public safety, and relative
effectiveness of such alternatives; and
(B) technological means of enhancing the
security zones of port, territorial waters, and
waterways of the United States.
(c) Vessel and facility security plans.--
(1) Within 6 months after the prescription of interim
final regulations on vessel and facility security
plans, an owner or operator of a vessel or facility
described in paragraph (2) shall prepare and submit to
the Secretary a security plan for the vessel or
facility, for deterring a transportation security
incident to the maximum extent practicable.
(2) The vessels and facilities referred to in
paragraph (1)--
(A) except as provided in subparagraph (B),
are vessels and facilities that the Secretary
believes may be involved in a transportation
security incident; and
(B) do not include any vessel or facility
owned or operated by the Department of Defense.
(3) A security plan required under this subsection
shall--
(A) be consistent with the requirements of
the National Maritime Transportation Security
Plan and Area Maritime Transportation Security
Plans;
(B) identify the qualified individual having
full authority to implement security actions,
and require immediate communications between
that individual and the appropriate Federal
official and the persons providing personnel
and equipment pursuant to subparagraph (C);
(C) include provisions for--
(i) establishing and maintaining
physical security, passenger and cargo
security, and personnel security;
(ii) establishing and controlling
access to secure areas of the vessel or
facility;
(iii) procedural security policies;
(iv) communications systems; and
(v) other security systems;
(D) identify, and ensure by contract or other
means approved by the Secretary, the
availability of security measures necessary to
deter to the maximum extent practicable a
transportation security incident or a
substantial threat of such a security incident;
(E) describe the training, periodic
unannounced drills, and security actions of
persons on the vessel or at the facility, to be
carried out under the plan to deter to the
maximum extent practicable a transportation
security incident, or a substantial threat of
such a security incident;
(F) be updated at least every 5 years; and
(G) be resubmitted for approval of each
change to the vessel or facility that may
substantially affect the security of the vessel
or facility.
(4) The Secretary shall--
(A) promptly review each such plan;
(B) require amendments to any plan that does
not meet the requirements of this subsection;
(C) approve any plan that meets the
requirements of this subsection; and
(D) review each plan periodically thereafter.
(5) A vessel or facility for which a plan is required
to be submitted under this subsection may not operate
after the end of the 12-month period beginning on the
date of the prescription of interim final regulations
on vessel and facility security plans, unless--
(A) the plan has been approved by the
Secretary; and
(B) the vessel or facility is operating in
compliance with the plan.
(6) Notwithstanding paragraph (5), the Secretary may
authorize a vessel or facility to operate without a
security plan approved under this subsection, until not
later than 1 year after the date of the submission to
the Secretary of a plan for the vessel or facility, if
the owner or operator of the vessel or facility
certifies that the owner or operator has ensured by
contract or other means approved by the Secretary to
deter to the maximum extent practicable a
transportation security incident or a substantial
threat of such a security incident.
(7) The Secretary shall require each owner or
operator of a vessel or facility located within or
adjacent to waters subject to the jurisdiction of the
United States to implement any necessary interim
security measures, including cargo security programs,
to deter to the maximum extent practicable a
transportation security incident until the security
plan for that vessel or facility operator is approved.
(d) Nondisclosure of information.--Notwithstanding any other
provision of law, information developed under this chapter is
not required to be disclosed to the public, including--
(1) facility security plans, vessel security plans,
and port vulnerability assessments; and
(2) other information related to security plans,
procedures, or programs for vessels or facilities
authorized under this chapter.
Sec. 70105. Transportation security cards
(a) Prohibition.--
(1) The Secretary shall prescribe regulations to
prevent an individual from entering an area of a vessel
or facility that is designated as a secure area by the
Secretary for purposes of a security plan for the
vessel or facility that is approved by the Secretary
under section 70103 of this title unless the
individual--
(A) holds a transportation security card
issued under this section and is authorized to
be in the area in accordance with the plan; or
(B) is accompanied by another individual who
holds a transportation security card issued
under this section and is authorized to be in
the area in accordance with the plan.
(2) A person shall not admit an individual into such
a secure area unless the entry of the individual into
the area is in compliance with paragraph (1).
(b) Issuance of cards.--
(1) The Secretary shall issue a biometric
transportation security card to an individual specified
in paragraph (2), unless the Secretary decides that the
individual poses a security risk under subsection (c)
warranting denial of the card.
(2) This subsection applies to--
(A) an individual allowed unescorted access
to a secure area designated in a vessel or
facility security plan approved under section
70103 of this title;
(B) an individual issued a license,
certificate of registry, or merchant mariners
document under part E of subtitle II of this
title;
(C) a vessel pilot;
(D) an individual engaged on a towing vessel
that pushes, pulls, or hauls alongside a tank
vessel;
(E) an individual with access to security
sensitive information as determined by the
Secretary; and
(F) other individuals engaged in port
security activities as determined by the
Secretary.
(c) Determination of terrorism security risk.--
(1) An individual may not be denied a transportation
security card under subsection (b) unless the Secretary
determines that individual--
(A) has been convicted within the preceding
7-year period of a felony or found not guilty
by reason of insanity of a felony--
(i) that the Secretary believes could
cause the individual to be a terrorism
security risk to the United States; or
(ii) for causing a severe
transportation security incident;
(B) has been released from incarceration
within the preceding 5-year period for
committing a felony described in subparagraph
(A);
(C) may be denied admission to the United
States or removed from the United States under
the Immigration and Nationality Act (8 U.S.C.
1101 et seq.); or
(D) otherwise poses a terrorism security risk
to the United States.
(2) The Secretary shall prescribe regulations that
establish a waiver process for issuing a transportation
security card to an individual found to be otherwise
ineligible for such a card under paragraph (1). In
deciding to issue a card to such an individual, the
Secretary shall--
(A) give consideration to the circumstances
of any disqualifying act or offense,
restitution made by the individual, Federal and
State mitigation remedies, and other factors
from which it may be concluded that the
individual does not pose a terrorism risk
warranting denial of the card; and
(B) issue a waiver to an individual without
regard to whether that individual would
otherwise be disqualified if the individual's
employer establishes alternate security
arrangements acceptable to the Secretary.
(3) The Secretary shall establish an appeals process
under this section for individuals found to be
ineligible for a transportation security card or a
waiver under paragraph (2) that includes notice and an
opportunity for a hearing.
(4) Upon application, the Secretary may issue a
transportation security card to an individual if the
Secretary has previously determined, under section
5103a of title 49, that the individual does not pose a
security risk.
(d) Background records check.--
(1) On request of the Secretary, the Attorney General
shall--
(A) conduct a background records check
regarding the individual; and
(B) upon completing the background records
check, notify the Secretary of the completion
and results of the background records check.
(2) A background records check regarding an
individual under this subsection shall consist of the
following:
(A) A check of the relevant criminal history
databases.
(B) In the case of an alien, a check of the
relevant databases to determine the status of
the alien under the immigration laws of the
United States.
(C) As appropriate, a check of the relevant
international databases or other appropriate
means.
(D) Review of any other national security-
related information or database identified by
the Attorney General for purposes of such a
background records check.
(e) Restrictions on use and maintenance of information.--
(1) Information obtained by the Attorney General or
the Secretary under this section may not be made
available to the public, including the individual's
employer.
(2) Any information constituting grounds for denial
of a transportation security card under this section
shall be maintained confidentially by the Secretary and
may be used only for making determinations under this
section. The Secretary may share any such information
with other Federal law enforcement agencies. An
individual's employer may only be informed of whether
or not the individual has been issued the card under
this section.
(f) Definition.--In this section, the term ``alien'' has the
meaning given the term in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)).
Sec. 70107. Grants
(a) In general.--The Secretary shall establish a grant
program [for making a fair and equitable allocation of funds]
based on risk and vulnerability to implement Area Maritime
Transportation Security Plans and facility security plans among
port authorities, facility operators, and State and local
government agencies required to provide port security services.
Before awarding a grant under the program, the Secretary shall
provide for review and comment by the appropriate Federal
Maritime Security Coordinators and the Maritime Administrator.
In administering the grant program, the Secretary shall take
into account national economic and strategic defense concerns.
(b) Eligible costs.--The following costs of funding the
correction of Coast Guard identified vulnerabilities in port
security and ensuring compliance with Area Maritime
Transportation Security Plans and facility security plans are
eligible to be funded:
[(1) Salary, benefits, overtime compensation,
retirement contributions, and other costs of additional
Coast Guard mandated security personnel.]
[(2)] (1) The cost of acquisition, operation, and
maintenance of security equipment or facilities to be
used for security monitoring and recording, security
gates and fencing, marine barriers for designated
security zones, security-related lighting systems,
remote surveillance, concealed video systems, security
vessels, and other security-related infrastructure or
equipment that contributes to the overall security of
passengers, cargo, or crewmembers.
[(3)] (2) The cost of screening equipment, including
equipment that detects weapons of mass destruction and
conventional explosives, and of testing and evaluating
such equipment, to certify secure systems of
transportation.
[(4)] (3) The cost of conducting vulnerability
assessments to evaluate and make recommendations with
respect to security.
(c) Matching requirements.--
(1) 75-percent federal funding.--Except as provided
in paragraph (2), Federal funds for any eligible
project under this section shall not exceed 75 percent
of the total cost of such project.
(2) Exceptions.--
(A) Small projects.--There are no matching
requirements for grants under subsection (a)
for projects costing not more than $25,000.
(B) Higher level of support required.--If the
Secretary determines that a proposed project
merits support and cannot be undertaken without
a higher rate of Federal support, then the
Secretary may approve grants under this section
with a matching requirement other than that
specified in paragraph (1).
(d) Coordination and cooperation agreements.--The Secretary
shall ensure that projects paid for, or the costs of which are
reimbursed, under this section within any area or port are
coordinated with other projects, and may require cooperative
agreements among users of the port and port facilities with
respect to projects funded under this section.
(e) Administration.--
(1) In general.--The program shall require eligible
port authorities, facility operators, and State and
local agencies required to provide security services,
to submit an application, at such time, in such form,
and containing such information and assurances as the
Secretary may require, and shall include appropriate
application, review, and delivery mechanisms.
(2) Minimum standards for payment or reimbursement.--
Each application for payment or reimbursement of
eligible costs shall include, at a minimum, the
following:
(A) A copy of the applicable Area Maritime
Transportation Security Plan or facility
security plan.
(B) A comprehensive description of the need
for the project, and a statement of the
project's relationship to the applicable Area
Maritime Transportation Security Plan or
facility security plan.
(C) A determination by the Captain of the
Port that the security project addresses or
corrects Coast Guard identified vulnerabilities
in security and ensures compliance with Area
Maritime Transportation Security Plans and
facility security plans.
(3) Procedural safeguards.--The Secretary shall by
regulation establish appropriate accounting, reporting,
and review procedures to ensure that amounts paid or
reimbursed under this section are used for the purposes
for which they were made available, all expenditures
are properly accounted for, and amounts not used for
such purposes and amounts not obligated or expended are
recovered.
(4) Project approval required.--The Secretary may
approve an application for the payment or reimbursement
of costs under this section only if the Secretary is
satisfied that--
(A) the project is consistent with Coast
Guard vulnerability assessments and ensures
compliance with Area Maritime Transportation
Security Plans and facility security plans;
(B) enough money is available to pay the
project costs that will not be reimbursed by
the United States Government under this
section;
(C) the project will be completed without
unreasonable delay; and
(D) the recipient has authority to carry out
the project as proposed.
(5) Letters of intent.--The Secretary may execute
letters of intent to commit funding to port sponsors
from the Fund.
(f) Audits and examinations.--A recipient of amounts made
available under this section shall keep such records as the
Secretary may require, and make them available for review and
audit by the Secretary, the Comptroller General of the United
States, or the Inspector General of the department in which the
Coast Guard is operating.
(g) Reports on security funding and compliance.--
(1) Initial report.--Within 6 months after the date
of enactment of this Act, the Secretary shall transmit
an unclassified report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure, that--
(A) includes a funding proposal and rationale
to fund the correction of Coast Guard
identified vulnerabilities in port security and
to help ensure compliance with Area Maritime
Transportation Security Plans and facility
security plans for fiscal years 2003 through
2008; and
(B) includes projected funding proposals for
fiscal years 2003 through 2008 for the
following security programs:
(i) The Sea Marshall program.
(ii) The Automated Identification
System and a system of polling vessels
on entry into United States waters.
(iii) The maritime intelligence
requirements in this Act.
(iv) The issuance of transportation
security cards required by section
70105.
(v) The program of certifying secure
systems of transportation.
(2) Other expenditures.--The Secretary shall, as part
of the report required by paragraph (1) report, in
coordination with the Commissioner of Customs, on
projected expenditures of screening and detection
equipment and on cargo security programs over fiscal
years 2003 through 2008.
(3) Annual reports.--Annually, beginning 1 year after
transmittal of the report required by paragraph (1)
until October 1, 2009, the Secretary shall transmit an
unclassified annual report to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Transportation and
Infrastructure, on progress in achieving compliance
with the correction of Coast Guard identified
vulnerabilities in port security and compliance with
Area Maritime Transportation Security Plans and
facility security plans that--
(A) identifies any modifications necessary in
funding to ensure the correction of Coast Guard
identified vulnerabilities and ensure
compliance with Area Maritime Transportation
Security Plans and facility security plans;
(B) includes an assessment of progress in
implementing the grant program established by
subsection (a);
(C) includes any recommendations the
Secretary may make to improve these programs;
and
(D) with respect to a port selected by the
Secretary, describes progress and enhancements
of applicable Area Maritime Transportation
Security Plans and facility security plans and
how the Maritime Transportation Security Act of
2002 has improved security at that port.
(h) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary for each of fiscal years 2003
through 2008 such sums as are necessary to carry out
subsections (a) through (g).
(i) Investigations.--
(1) In general.--The Secretary shall conduct
investigations, fund pilot programs, and award grants,
to examine or develop--
(A) methods or programs to increase the
ability to target for inspection vessels,
cargo, crewmembers, or passengers that will
arrive or have arrived at any port or place in
the United States;
(B) equipment to detect accurately
explosives, chemical, or biological agents that
could be used in a transportation security
incident against the United States;
(C) equipment to detect accurately nuclear or
radiological materials, including
scintillation-based detection equipment capable
of signalling the presence of nuclear or
radiological materials;
(D) improved tags and seals designed for use
on shipping containers to track the
transportation of the merchandise in such
containers, including sensors that are able to
track a container throughout its entire supply
chain, detect hazardous and radioactive
materials within that container, and transmit
that information to the appropriate law
enforcement authorities;
(E) tools, including the use of satellite
tracking systems, to increase the awareness of
maritime areas and to identify potential
transportation security incidents that could
have an impact on facilities, vessels, and
infrastructure on or adjacent to navigable
waterways, including underwater access;
(F) tools to mitigate the consequences of a
transportation security incident on, adjacent
to, or under navigable waters of the United
States, including sensor equipment, and other
tools to help coordinate effective response to
a transportation security incident;
(G) applications to apply existing
technologies from other areas or industries to
increase overall port security;
(H) improved container design, including
blast-resistant containers; and
(I) methods to improve security and
sustainability of port facilities in the event
of a maritime transportation security incident,
including specialized inspection facilities.
(2) Implementation of technology.--
(A) In general.--In conjunction with ongoing
efforts to improve security at United States
ports, the Secretary may conduct pilot projects
at United States ports to test the
effectiveness and applicability of new port
security projects, including--
(i) testing of new detection and
screening technologies;
(ii) projects to protect United
States ports and infrastructure on or
adjacent to the navigable waters of the
United States, including underwater
access; and
(iii) tools for responding to a
transportation security incident at
United States ports and infrastructure
on or adjacent to the navigable waters
of the United States, including
underwater access.
(B) Authorization of appropriations.--There
is authorized to be appropriated to the
Secretary not less than $35,000,000 for each of
fiscal years 2005 through 2009 to carry out
this subsection.
(3) National Port Security Centers.--
(A) In general.--The Secretary may make
grants or enter into cooperative agreements
with eligible nonprofit institutions of higher
learning to conduct investigations in
collaboration with ports and the maritime
transportation industry focused on enhancing
security of the Nation's ports in accordance
with this subsection through National Port
Security Centers.
(B) Applications.--To be eligible to receive
a grant under this paragraph, a nonprofit
institution of higher learning, or a consortium
of such institutions, shall submit an
application to the Secretary in such form and
containing such information as the Secretary
may require.
(C) Competitive selection process.--The
Secretary shall select grant recipients under
this paragraph through a competitive process on
the basis of the following criteria:
(i) Whether the applicant can
demonstrate that personnel, laboratory,
and organizational resources will be
available to the applicant to carry out
the investigations authorized in this
paragraph.
(ii) The applicant's capability to
provide leadership in making national
and regional contributions to the
solution of immediate and long-range
port and maritime transportation
security and risk mitigation problems.
(iii) Whether the applicant can
demonstrate that is has an established,
nationally recognized program in
disciplines that contribute directly to
maritime transportation safety and
education.
(iv) Whether the applicant's
investigations will involve major
United States ports on the East Coast,
the Gulf Coast, and the West Coast, and
Federal agencies and other entities
with expertise in port and maritime
transportation.
(v) Whether the applicant has a
strategic plan for carrying out the
proposed investigations under the
grant.
(4) Administrative provisions.--
(A) No duplication of effort.--Before making
any grant, the Secretary shall coordinate with
other Federal agencies to ensure the grant will
not duplicate work already being conducted with
Federal funding.
(B) Accounting.--The Secretary shall by
regulation establish accounting, reporting, and
review procedures to ensure that funds made
available under paragraph (1) are used for the
purpose for which they were made available,
that all expenditures are properly accounted
for, and that amounts not used for such
purposes and amounts not expended are
recovered.
(C) Recordkeeping.--Recipients of grants
shall keep all records related to expenditures
and obligations of funds provided under
paragraph (1) and make them available upon
request to the Inspector General of the
department in which the Coast Guard is
operating and the Secretary for audit and
examination.
(5) Annual review and report.--The Inspector General
of the department in which the Coast Guard is operating
shall annually review the programs established under
this subsection to ensure that the expenditures and
obligations of funds are consistent with the purposes
for which they are provided, and report the findings to
the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
[Sec. 70109. Notifying foreign authorities]
Sec. 70109. International cooperation and coordination
(a) In general.--If the Secretary, after conducting an
assessment under section 70108, finds that a port in a foreign
country does not maintain effective antiterrorism measures, the
Secretary shall notify the appropriate authorities of the
government of the foreign country of the finding and recommend
the steps necessary to improve the antiterrorism measures in
use at the port.
(b) Training program.--The Secretary, in cooperation with the
Secretary of State, shall operate a port security training
program for ports in foreign countries that are found under
section 70108 to lack effective antiterrorism measures.
(c) Foreign Assistance Programs.--
(1) In general.--The Secretary, in consultation with
the Secretary of Transportation, the Secretary of
State, the Secretary of Energy, and the Commandant of
the United States Coast Guard, shall identify foreign
assistance programs that could facilitate
implementation of port security antiterrorism measures
in foreign countries. The Secretary shall establish a
program to utilize those programs that are capable of
implementing port security antiterrorism measures at
ports in foreign countries that the Secretary finds,
under section 70108, to lack effective antiterrorism
measures.
(2) Caribbean basin.--The Secretary, in coordination
with the Secretary of State and in consultation with
the Organization of American States and the Commandant
of the United States Coast Guard, shall place
particular emphasis on utilizing programs to facilitate
the implementation of port security antiterrorism
measures at the ports located in the Caribbean Basin,
as such ports pose unique security and safety threats
to the United States due to--
(A) the strategic location of such ports
between South America and United States;
(B) the relative openness of such ports; and
(C) the significant number of shipments of
narcotics to the United States that are moved
through such ports.
(d) International Cargo Security Standards.--The Secretary of
State, in consultation with the Secretary acting through the
Commissioner of Customs and Border Protection, shall enter into
negotiations with foreign governments and international
organizations, including the International Maritime
Organization, the World Customs Organization, the International
Labor Organization, and the International Standards
Organization, as appropriate--
(1) to promote standards for the security of
containers and other cargo moving within the
international supply chain;
(2) to encourage compliance with minimum technical
requirements for the capabilities of nonintrusive
inspection equipment, including imaging and radiation
detection devices, established under section 506 of the
Transportation Security Improvement Act of 2005;
(3) to implement the requirements of the container
security initiative under section 70121; and
(4) to implement standards and procedures established
under section 70116.
Sec. 70116. Secure systems of transportation
(a) In general.--The Secretary, in consultation with the
Transportation Security Oversight Board, shall establish a
program to evaluate and certify secure systems of international
intermodal [transportation.] transportation--
(1) to ensure the security and integrity of shipments
of goods to the United States from the point at which
such goods are initially packed or loaded into a cargo
container for international shipment until they reach
their ultimate destination; and
(2) to facilitate the movement of such goods through
the entire supply chain through an expedited security
and clearance program.
[(b) Elements of program.--The program shall include--
[(1) establishing standards and procedures for
screening and evaluating cargo prior to loading in a
foreign port for shipment to the United States either
directly or via a foreign port;
[(2) establishing standards and procedures for
securing cargo and monitoring that security while in
transit;
[(3) developing performance standards to enhance the
physical security of shipping containers, including
standards for seals and locks;
[(4) establishing standards and procedures for
allowing the United States Government to ensure and
validate compliance with this program; and
[(5) any other measures the Secretary considers
necessary to ensure the security and integrity of
international intermodal transport movements.]
(b) Program Elements.--In establishing and conducting the
program under subsection (a) the Secretary, acting through the
Commissioner of Customs and Border Protection, shall--
(1) establish standards and procedures for verifying,
at the point at which goods are placed in a cargo
container for shipping, that the container is free of
unauthorized hazardous chemical, biological, or nuclear
material and for securely sealing such containers after
the contents are so verified;
(2) establish standards and procedures for screening
and evaluating cargo prior to loading in a foreign port
for shipment to the United States either directly or
via a foreign port;
(3) establish standards and procedures for securing
cargo and monitoring that security while in transit;
(4) develop performance standards to enhance the
physical security of shipping containers, including
performance standards for seals and locks;
(5) establish standards and procedures for allowing the
United States Government to ensure and validate
compliance with this program; and
(6) incorporate any other measures the Secretary
considers necessary to ensure the security and
integrity of international intermodal transport
movements.
(c) Benefits from Participation.--The Commissioner of Customs
and Border Protection may provide expedited clearance of cargo
to an entity that--
(1) meets or exceeds the standards established under
subsection (b); and
(2) certifies the security of its supply chain not
less often than once every 2 years to the Secretary.
Sec. 70117. In rem liability for civil penalties and certain costs
(a) Civil penalties.--Any vessel operated in violation of
this chapter or any regulations prescribed under this chapter
shall be liable in rem for any civil penalty assessed pursuant
to [section 70120] section 70123 for such violation, and may be
proceeded against for such liability in the United States
district court for any district in which the vessel may be
found.
(b) Reimbursable Costs of Service Providers.--A vessel shall
be liable in rem for the reimbursable costs incurred by any
service provider related to implementation and enforcement of
this chapter and arising from a violation by the operator of
the vessel of this chapter or any regulations prescribed under
this chapter, and may be proceeded against for such liability
in the United States district court for any district in which
such vessel may be found.
(c) Definitions.--In this subsection--
(1) the term ``reimbursable costs'' means costs
incurred by any service provider acting in conformity
with a lawful order of the Federal government or in
conformity with the instructions of the vessel
operator; and
(2) the term ``service provider'' means any port
authority, facility or terminal operator, shipping
agent, Federal, State, or local government agency, or
other person to whom the management of the vessel at
the port of supply is entrusted, for--
(A) services rendered to or in relation to
vessel crew on board the vessel, or in transit
to or from the vessel, including accommodation,
detention, transportation, and medical
expenses; and
(B) required handling of cargo or other items
on board the vessel.
[Sec. 70118. Withholding of clearance]
Sec. 70119. Withholding of clearance
(a) Refusal or revocation of clearance.--If any owner, agent,
master, officer, or person in charge of a vessel is liable for
a penalty [under section 70119,] under section 70123, or if
reasonable cause exists to believe that the owner, agent,
master, officer, or person in charge may be subject to a
penalty [under section 70120,] under that section, the
Secretary may, with respect to such vessel, refuse or revoke
any clearance required by section 4197 of the Revised Statutes
of the United States (46 U.S.C. App. 91).
(b) Clearance upon filing of bond or other surety.--The
Secretary may require the filing of a bond or other surety as a
condition of granting clearance refused or revoked under this
subsection. [
Sec. 70119. Enforcement by State and local officers]
Sec. 70120. Enforcement by State and local officers
(a) In General.--Any State or local government law
enforcement officer who has authority to enforce State criminal
laws may make an arrest for violation of a security zone
regulation prescribed under section 1 of title II of the Act of
June 15, 1917 (chapter 30; 50 U.S.C. 191) or security or safety
zone regulation under section 7(b) of the Ports and Waterways
Safety Act (33 U.S.C. 1226(b)) or a safety zone regulation
prescribed under section 10(d) of the Deepwater Port Act of
1974 (33 U.S.C. 1509(d)) by a Coast Guard official authorized
by law to prescribe such regulations, if--
(1) such violation is a felony; and
(2) the officer has reasonable grounds to believe
that the person to be arrested has committed or is
committing such violation.
(b) Other Powers Not Affected.--The provisions of this
section are in addition to any power conferred by law to such
officers. This section shall not be construed as a limitation
of any power conferred by law to such officers, or any other
officer of the United States or any State. This section does
not grant to such officers any powers not authorized by the law
of the State in which those officers are employed.
Sec. 70121. Container security initiative
(a) In General.--Pursuant to the standards established under
subsection (b)(1) of section 70116--
(1) the Secretary, through the Commissioner of
Customs and Border Protection, shall issue regulations
to--
(A) evaluate and screen cargo documents prior
to loading in a foreign port for shipment to
the United States, either directly or via a
foreign port; and
(B) inspect high-risk cargo in a foreign port
intended for shipment to the United States by
physical examination or nonintrusive
examination by technological means; and
(2) the Commissioner of Customs and Border Protection
shall execute inspection and screening protocols with
authorities in foreign ports to ensure that the
standards and procedures promulgated under paragraph
(1) are implemented in an effective manner.
(b) Extension of Container Security Initiative to Other
Ports.--The Secretary, through the Commissioner of Customs and
Border Protection, may designate foreign seaports under this
section if, with respect to any such seaport, the Secretary
determines that--
(1) the seaport--
(A) presents a significant level of risk;
(B) is a significant port or origin or
transshipment, in terms of volume or value, for
cargo being imported to the United States; and
(C) is potentially capable of validating a
secure system of transportation pursuant to
section 70116; and
(2) the Department of State and representatives of
the country with jurisdiction over the port have
completed negotiations to ensure compliance with the
requirements of the container security initiative.
(c) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary to carry out this section--
(1) $142,000,000 for fiscal year 2007;
(2) $144,000,000 for fiscal year 2008; and
(3) $146,000,000 for fiscal year 2009.
Sec. 70122. Customs-Trade Partnership Against Terrorism validation
program.
(a) Validation; Records Management.--The Secretary of
Homeland Security, through the Commissioner of Customs and
Border Protection, shall issue regulations--
(1) to strengthen the validation process to verify
that security programs of members of the Customs-Trade
Partnership Against Terrorism have been implemented and
that the program benefits should continue by providing
appropriate guidance to specialists conducting such
validations, including establishing what level of
review is adequate to determine whether member security
practices are reliable, accurate, and effective; and
(2) to implement a records management system that
documents key decisions and significant operational
events accurately and in a timely manner, including a
reliable system for--
(A) documenting and maintaining records of
all decisions in the application through
validation processes, including documentation
of the objectives, scope, methodologies, and
limitations of validations; and
(B) tracking member status.
(b) Human Capital Plan.--Within 6 months after the date of
enactment of the Transportation Security Improvement Act of
2005, the Secretary shall complete a human capital plan, that
clearly describes how the Customs-Trade Partnership Against
Terrorism program will recruit, train, and retain sufficient
staff to conduct the work of the program successfully,
including reviewing security profiles, vetting, and conducting
validations to mitigate program risk.
[Sec. 70119. Civil penalty]
Sec. 70123. Civil penalty
Any person that violates this chapter or any regulation under
this chapter shall be liable to the United States for a civil
penalty of not more than $25,000 for each violation.
TITLE 49, UNITED STATES CODE
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1. ORGANIZATION
Sec. 114. Transportation Security Administration
(a) In general.--The Transportation Security Administration
shall be an administration of the Department of Transportation.
(b) Under Secretary.--
(1) Appointment.--The head of the Administration
shall be the Under Secretary of Transportation for
Security. The Under Secretary shall be appointed by the
President, by and with the advice and consent of the
Senate.
(2) Qualifications.--The Under Secretary must--
(A) be a citizen of the United States; and
(B) have experience in a field directly
related to transportation or security.
(3) Term.--The term of office of an individual
appointed as the Under Secretary shall be 5 years.
(c) Limitation on ownership of stocks and bonds.--The Under
Secretary may not own stock in or bonds of a transportation or
security enterprise or an enterprise that makes equipment that
could be used for security purposes.
(d) Functions.--The Under Secretary shall be responsible for
security in all modes of transportation, including--
(1) carrying out chapter 449, relating to civil
aviation security, and related research and development
activities; and
(2) security responsibilities over other modes of
transportation that are exercised by the Department of
Transportation.
(e) Screening operations.--The Under Secretary shall--
(1) be responsible for day-to-day Federal security
screening operations for passenger air transportation
and intrastate air transportation under sections 44901
and 44935;
(2) develop standards for the hiring and retention of
security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel
to provide security screening at all airports in the
United States where screening is required under section
44901, in consultation with the Secretary of
Transportation and the heads of other appropriate
Federal agencies and departments.
(f) Additional duties and powers.--In addition to carrying
out the functions specified in subsections (d) and (e), the
Under Secretary shall--
(1) receive, assess, and distribute intelligence
information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for
dealing with threats to transportation security;
(4) make other plans related to transportation
security, including coordinating countermeasures with
appropriate departments, agencies, and
instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation
security to the intelligence and law enforcement
communities;
(6) on a day-to-day basis, manage and provide
operational guidance to the field security resources of
the Administration, including Federal Security Managers
as provided by section 44933;
(7) enforce security-related regulations and
requirements;
(8) identify and undertake research and development
activities necessary to enhance transportation
security;
(9) inspect, maintain, and test security facilities,
equipment, and systems;
(10) ensure the adequacy of security measures for the
transportation of cargo;
(11) oversee the implementation, and ensure the
adequacy, of security measures at airports and other
transportation facilities;
(12) require background checks for airport security
screening personnel, individuals with access to secure
areas of airports, and other transportation security
personnel;
(13) work in conjunction with the Administrator of
the Federal Aviation Administration with respect to any
actions or activities that may affect aviation safety
or air carrier operations;
(14) work with the International Civil Aviation
Organization and appropriate aeronautic authorities of
foreign governments under section 44907 to address
security concerns on passenger flights by foreign air
carriers in foreign air transportation; and
(15) carry out such other duties, and exercise such
other powers, relating to transportation security as
the Under Secretary considers appropriate, to the
extent authorized by law.
(g) National emergency responsibilities.--
(1) In general.--Subject to the direction and control
of the Secretary, the Under Secretary, during a
national emergency, shall have the following
responsibilities:
(A) To coordinate domestic transportation,
including aviation, rail, and other surface
transportation, and maritime transportation
(including port security).
(B) To coordinate and oversee the
transportation-related responsibilities of
other departments and agencies of the Federal
Government other than the Department of Defense
and the military departments.
(C) To coordinate and provide notice to other
departments and agencies of the Federal
Government, and appropriate agencies of State
and local governments, including departments
and agencies for transportation, law
enforcement, and border control, about threats
to transportation.
(D) To carry out such other duties, and
exercise such other powers, relating to
transportation during a national emergency as
the Secretary shall prescribe.
(2) Authority of other departments and agencies.--The
authority of the Under Secretary under this subsection
shall not supersede the authority of any other
department or agency of the Federal Government under
law with respect to transportation or transportation-
related matters, whether or not during a national
emergency.
(3) Circumstances.--The Secretary shall prescribe the
circumstances constituting a national emergency for
purposes of this subsection.
(h) Management of security information.--In consultation with
the Transportation Security Oversight Board, the Under
Secretary shall--
(1) enter into memoranda of understanding with
Federal agencies or other entities to share or
otherwise cross-check as necessary data on individuals
identified on Federal agency databases who may pose a
risk to transportation or national security;
(2) establish procedures for notifying the
Administrator of the Federal Aviation Administration,
appropriate State and local law enforcement officials,
and airport or airline security officers of the
identity of individuals known to pose, or suspected of
posing, a risk of air piracy or terrorism or a threat
to airline or passenger safety;
(3) in consultation with other appropriate Federal
agencies and air carriers, establish policies and
procedures requiring air carriers--
(A) to use information from government
agencies to identify individuals on passenger
lists who may be a threat to civil aviation or
national security; and
(B) if such an individual is identified,
notify appropriate law enforcement agencies,
prevent the individual from boarding an
aircraft, or take other appropriate action with
respect to that individual; and
(4) consider requiring passenger air carriers to
share passenger lists with appropriate Federal agencies
for the purpose of identifying individuals who may pose
a threat to aviation safety or national security.
(i) View of NTSB.--In taking any action under this section
that could affect safety, the Under Secretary shall give great
weight to the timely views of the National Transportation
Safety Board.
(j) Acquisitions.--
(1) In general.--The Under Secretary is authorized--
(A) to acquire (by purchase, lease,
condemnation, or otherwise) such real property,
or any interest therein, within and outside the
continental United States, as the Under
Secretary considers necessary;
(B) to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain such personal
property (including office space and patents),
or any interest therein, within and outside the
continental United States, as the Under
Secretary considers necessary;
(C) to lease to others such real and personal
property and to provide by contract or
otherwise for necessary facilities for the
welfare of its employees and to acquire,
maintain, and operate equipment for these
facilities;
(D) to acquire services, including such
personal services as the Secretary determines
necessary, and to acquire (by purchase, lease,
condemnation, or otherwise) and to construct,
repair, operate, and maintain research and
testing sites and facilities; and
(E) in cooperation with the Administrator of
the Federal Aviation Administration, to utilize
the research and development facilities of the
Federal Aviation Administration.
(2) Title.--Title to any property or interest therein
acquired pursuant to this subsection shall be held by
the Government of the United States.
(k) Transfers of funds.--The Under Secretary is authorized to
accept transfers of unobligated balances and unexpended
balances of funds appropriated to other Federal agencies (as
such term is defined in section 551(1) of title 5) to carry out
functions transferred, on or after the date of enactment of the
Aviation and Transportation Security Act, by law to the Under
Secretary.
(l) Regulations.--
(1) In general.--The Under Secretary is authorized to
issue, rescind, and revise such regulations as are
necessary to carry out the functions of the
Administration.
(2) Emergency procedures.--
(A) In general.--Notwithstanding any other
provision of law or executive order (including
an executive order requiring a cost-benefit
analysis), if the Under Secretary determines
that a regulation or security directive must be
issued immediately in order to protect
transportation security, the Under Secretary
shall issue the regulation or security
directive without providing notice or an
opportunity for comment and without prior
approval of the Secretary.
(B) Review by Transportation Security
Oversight Board.--Any regulation or security
directive issued under this paragraph shall be
subject to review by the Transportation
Security Oversight Board established under
section 115. Any regulation or security
directive issued under this paragraph shall
remain effective for a period not to exceed 90
days unless ratified or disapproved by the
Board or rescinded by the Under Secretary.
(3) Factors to consider.--In determining whether to
issue, rescind, or revise a regulation under this
section, the Under Secretary shall consider, as a
factor in the final determination, whether the costs of
the regulation are excessive in relation to the
enhancement of security the regulation will provide.
The Under Secretary may waive requirements for an
analysis that estimates the number of lives that will
be saved by the regulation and the monetary value of
such lives if the Under Secretary determines that it is
not feasible to make such an estimate.
(4) Airworthiness objections by FAA.--
(A) In general.--The Under Secretary shall
not take an aviation security action under this
title if the Administrator of the Federal
Aviation Administration notifies the Under
Secretary that the action could adversely
affect the airworthiness of an aircraft.
(B) Review by Secretary.--Notwithstanding
subparagraph (A), the Under Secretary may take
such an action, after receiving a notification
concerning the action from the Administrator
under subparagraph (A), if the Secretary of
Transportation subsequently approves the
action.
(m) Personnel and services; cooperation by Under Secretary.--
(1) Authority of under secretary.--In carrying out
the functions of the Administration, the Under
Secretary shall have the same authority as is provided
to the Administrator of the Federal Aviation
Administration under subsections (l) and (m) of section
106.
(2) Authority of agency heads.--The head of a Federal
agency shall have the same authority to provide
services, supplies, equipment, personnel, and
facilities to the Under Secretary as the head has to
provide services, supplies, equipment, personnel, and
facilities to the Administrator of the Federal Aviation
Administration under section 106(m).
(n) Personnel management system.--The personnel management
system established by the Administrator of the Federal Aviation
Administration under section 40122 shall apply to employees of
the Transportation Security Administration, or, subject to the
requirements of such section, the Under Secretary may make such
modifications to the personnel management system with respect
to such employees as the Under Secretary considers appropriate,
such as adopting aspects of other personnel systems of the
Department of Transportation.
[(o) Acquisition management system.--The acquisition
management system established by the Administrator of the
Federal Aviation Administration under section 40110 shall apply
to acquisitions of equipment, supplies, and materials by the
Transportation Security Administration, or, subject to the
requirements of such section, the Under Secretary may make such
modifications to the acquisition management system with respect
to such acquisitions of equipment, supplies, and materials as
the Under Secretary considers appropriate, such as adopting
aspects of other acquisition management systems of the
Department of Transportation.]
[(p)] (o) Authority of Inspector General.--The Transportation
Security Administration shall be subject to the Inspector
General Act of 1978 (5 U.S.C. App.) and other laws relating to
the authority of the Inspector General of the Department of
Transportation.
[(q)] (p) Law enforcement powers.--
(1) In general.--The Under Secretary may designate an
employee of the Transportation Security Administration
or other Federal agency to serve as a law enforcement
officer.
(2) Powers.--While engaged in official duties of the
Administration as required to fulfill the
responsibilities under this section, a law enforcement
officer designated under paragraph (1) may--
(A) carry a firearm;
(B) make an arrest without a warrant for any
offense against the United States committed in
the presence of the officer, or for any felony
cognizable under the laws of the United States
if the officer has probable cause to believe
that the person to be arrested has committed or
is committing the felony; and
(C) seek and execute warrants for arrest or
seizure of evidence issued under the authority
of the United States upon probable cause that a
violation has been committed.
(3) Guidelines on exercise of authority.--The
authority provided by this subsection shall be
exercised in accordance with guidelines prescribed by
the Under Secretary, in consultation with the Attorney
General of the United States, and shall include
adherence to the Attorney General's policy on use of
deadly force.
(4) Revocation or suspension of authority.--The
powers authorized by this subsection may be rescinded
or suspended should the Attorney General determine that
the Under Secretary has not complied with the
guidelines prescribed in paragraph (3) and conveys the
determination in writing to the Secretary of
Transportation and the Under Secretary.
[(r)] (q) Authority to exempt.--The Under Secretary may grant
an exemption from a regulation prescribed in carrying out this
section if the Under Secretary determines that the exemption is
in the public interest.
[(s)] (r) Nondisclosure of security activities.--
(1) In general.--Notwithstanding section 552 of title
5, the Under Secretary shall prescribe regulations
prohibiting the disclosure of information obtained or
developed in carrying out security under authority of
the Aviation and Transportation Security Act (Public
Law 107-71) or under chapter 449 of this title if the
Under Secretary decides that disclosing the information
would--
(A) be an unwarranted invasion of personal
privacy;
(B) reveal a trade secret or privileged or
confidential commercial or financial
information; or
(C) be detrimental to the security of
transportation.
(2) Availability of information to Congress.--
Paragraph (1) does not authorize information to be
withheld from a committee of Congress authorized to
have the information.
(3) Limitation on transferability of duties.--Except
as otherwise provided by law, the Under Secretary may
not transfer a duty or power under this subsection to
another department, agency, or instrumentality of the
United States.
[(t)] (s) Transportation security strategic planning.--
(1) In general.--The Secretary of Homeland Security
shall develop, prepare, implement, and update, as
needed--
(A) a National Strategy for Transportation
Security; and
(B) transportation modal security plans.
(2) Role of Secretary of Transportation.--The
Secretary of Homeland Security shall work jointly with
the Secretary of Transportation in developing,
revising, and updating the documents required by
paragraph (1).
(3) Contents of National Strategy for Transportation
Security.--The National Strategy for Transportation
Security shall include the following:
(A) An identification and evaluation of the
transportation assets in the United States
that, in the interests of national security and
commerce, must be protected from attack or
disruption by terrorist or other hostile
forces, including modal security plans for
aviation, bridge and tunnel, commuter rail and
ferry, highway, maritime, pipeline, rail, mass
transit, over-the-road bus, and other public
transportation infrastructure assets that could
be at risk of such an attack or disruption.
(B) The development of risk-based priorities
across all transportation modes and realistic
deadlines for addressing security needs
associated with those assets referred to in
subparagraph (A).
(C) The most appropriate, practical, and
cost-effective means of defending those assets
against threats to their security.
(D) A forward-looking strategic plan that
sets forth the agreed upon roles and missions
of Federal, State, regional, and local
authorities and establishes mechanisms for
encouraging private sector cooperation and
participation in the implementation of such
plan.
(E) A comprehensive delineation of response
and recovery responsibilities and issues
regarding threatened and executed acts of
terrorism within the United States.
(F) A prioritization of research and
development objectives that support
transportation security needs, giving a higher
priority to research and development directed
toward protecting vital transportation assets.
(4) Submissions of plans to Congress.--
(A) Initial strategy.--The Secretary of
Homeland Security shall submit the National
Strategy for Transportation Security, including
the transportation modal security plans,
developed under this subsection to the
appropriate congressional committees not later
than April 1, 2005.
(B) Subsequent versions.--After December 31,
2005, the Secretary of Homeland Security shall
submit the National Strategy for Transportation
Security, including the transportation modal
security plans and any revisions to the
National Strategy for Transportation Security
and the transportation modal security plans, to
appropriate congressional committees not less
frequently than April 1 of each even-numbered
year.
(C) Periodic progress report.--
(i) Requirement for report.--Each
year, in conjunction with the
submission of the budget to Congress
under section 1105(a) of title 31,
United States Code, the Secretary of
Homeland Security shall submit to the
appropriate congressional committees an
assessment of the progress made on
implementing the National Strategy for
Transportation Security.
(ii) Content.--Each progress report
under this subparagraph shall include,
at a minimum, recommendations for
improving and implementing the National
Strategy for Transportation Security
and the transportation modal security
plans that the Secretary, in
consultation with the Secretary of
Transportation, considers appropriate.
(D) Classified material.--Any part of the
National Strategy for Transportation Security
or the transportation modal security plans that
involve information that is properly classified
under criteria established by Executive order
shall be submitted to the appropriate
congressional committees separately in a
classified format.
(E) Appropriate congressional committees
defined.--In this subsection, the term
``appropriate congressional committees'' means
the Committee on Transportation and
Infrastructure and the Select Committee on
Homeland Security of the House of
Representatives and the Committee on Commerce,
Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs
of the Senate.
(5) Priority status.--
(A) In general.--The National Strategy for
Transportation Security shall be the governing
document for Federal transportation security
efforts.
(B) Other plans and reports.--The National
Strategy for Transportation Security shall
include, as an integral part or as an
appendix--
(i) the current National Maritime
Transportation Security Plan under
section 70103 of title 46;
(ii) the report required by section
44938 of this title;
(iii) transportation modal security
plans required under this section; and
(iv) any other transportation
security plan or report that the
Secretary of Homeland Security
determines appropriate for inclusion.
(u) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary of Homeland Security--
(1) for Aviation Security--
(A) $5,000,000,000 for fiscal year 2007;
(B) $5,250,000,000 for fiscal year 2008; and
(C) $5,500,000,000 for fiscal year 2009;
(2) for Surface Transportation Security--
(A) $265,000,000 for fiscal year 2007;
(B) $228,000,000 for fiscal year 2008; and
(C) $230,000,000 for fiscal year 2009;
(3) for Intelligence--
(A) $30,000,000 for fiscal year 2007;
(B) $32,000,000 for fiscal year 2008; and
(C) $34,000,000 for fiscal year 2009;
(4) for Research and Development--
(A) $65,000,000 for fiscal year 2007;
(B) $67,000,000 for fiscal year 2008; and
(C) $69,000,000 for fiscal year 2009; and
(5) for Administration--
(A) $530,000,000 for fiscal year 2007;
(B) $535,000,000 for fiscal year 2008; andI24
(C) $540,000,000 for fiscal year 2009.
SUBTITLE V--RAIL PROGRAMS
PART A--SAFETY
CHAPTER 201. GENERAL
SUBCHAPTER I. GENERAL
Sec. 20103. General authority
(a) Regulations and orders.--The Secretary of Transportation,
as necessary, shall prescribe regulations and issue orders for
every area of railroad [safety] safety, including security,
supplementing laws and regulations in effect on October 16,
1970. When prescribing a security regulation or issuing a
security order that affects the safety of railroad operations,
the Secretary of Homeland Security shall consult with the
Secretary.
(b) Regulations of practice for proceedings.--The Secretary
shall prescribe regulations of practice applicable to each
proceeding under this chapter. The regulations shall reflect
the varying nature of the proceedings and include time limits
for disposition of the proceedings. The time limit for
disposition of a proceeding may not be more than 12 months
after the date it begins.
(c) Consideration of information and standards.--In
prescribing regulations and issuing orders under this section,
the Secretary shall consider existing relevant safety
information and standards.
(d) Waivers. The Secretary may waive compliance with any part
of a regulation prescribed or order issued under this chapter
if the waiver is in the public interest and consistent with
railroad safety. The Secretary shall make public the reasons
for granting the waiver.
(e) Hearings.--The Secretary shall conduct a hearing as
provided by section 553 of title 5 when prescribing a
regulation or issuing an order under this chapter, including a
regulation or order establishing, amending, or waiving
compliance with a railroad safety regulation prescribed or
order issued under this chapter. An opportunity for an oral
presentation shall be provided.
(f) Tourist railroad carriers.--In prescribing regulations
that pertain to railroad safety that affect tourist, historic,
scenic, or excursion railroad carriers, the Secretary of
Transportation shall take into consideration any financial,
operational, or other factors that may be unique to such
railroad carriers. The Secretary shall submit a report to
Congress not later than September 30, 1995, on actions taken
under this subsection.
* * * * * * *
Sec. 20118. Whistleblower protection for rail security matters
(a) Discrimination Against Employee.--No rail carrier engaged
in interstate or foreign commerce may discharge a railroad
employee or otherwise discriminate against a railroad employee
because the employee (or any person acting pursuant to a
request of the employee)--
(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to a reasonably
perceived threat, in good faith, to security; or
(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before
Congress or at any Federal or State proceeding
regarding a reasonably perceived threat, in good faith,
to security; or
(3) refused to violate or assist in the violation of
any law, rule or regulation related to rail security.
(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the dispute,
grievance, or claim the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than
180 days after it is filed. If the violation is a form of
discrimination that does not involve discharge, suspension, or
another action affecting pay, and no other remedy is available
under this subsection, the Board, division, delegate, or other
board of adjustment may award the employee reasonable damages,
including punitive damages, of not more than $20,000.
(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B) of this title, including the burdens of proof,
applies to any complaint brought under this section.
(d) Election of Remedies.--An employee of a railroad carrier
may not seek protection under both this section and another
provision of law for the same allegedly unlawful act of the
carrier.
(e) Disclosure of Identity.--
(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the
employee, the Secretary of Transportation may not
disclose the name of an employee of a railroad carrier
who has provided information about an alleged violation
of this section.
(2) The Secretary shall disclose to the Attorney
General the name of an employee described in paragraph
(1) of this subsection if the matter is referred to the
Attorney General for enforcement.
PART C--PASSENGER TRANSPORTATION
CHAPTER 243. AMTRAK
Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
(a) Submission of Plan.--Not later than 6 months after the
date of the enactment of the Rail Security Act of 2005, Amtrak
shall submit to the Chairman of the National Transportation
Safety Board, the Secretary of Transportation, and the
Secretary of Homeland Security a plan for addressing the needs
of the families of passengers involved in any rail passenger
accident involving an Amtrak intercity train and resulting in a
loss of life.
(b) Contents of Plans.--The plan to be submitted by Amtrak
under subsection (a) shall include, at a minimum, the
following:
(1) A process by which Amtrak will maintain and
provide to the National Transportation Safety Board and
the Secretary of Transportation, immediately upon
request, a list (which is based on the best available
information at the time of the request) of the names of
the passengers aboard the train (whether or not such
names have been verified), and will periodically update
the list. The plan shall include a procedure, with
respect to unreserved trains and passengers not holding
reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
(2) A plan for creating and publicizing a reliable,
toll-free telephone number within 4 hours after such an
accident occurs, and for providing staff, to handle
calls from the families of the passengers.
(3) A process for notifying the families of the
passengers, before providing any public notice of the
names of the passengers, by suitably trained
individuals.
(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as
Amtrak has verified that the passenger was aboard the
train (whether or not the names of all of the
passengers have been verified).
(5) A process by which the family of each passenger
will be consulted about the disposition of all remains
and personal effects of the passenger within Amtrak's
control; that any possession of the passenger within
Amtrak's control will be returned to the family unless
the possession is needed for the accident investigation
or any criminal investigation; and that any unclaimed
possession of a passenger within Amtrak's control will
be retained by the rail passenger carrier for at least
18 months.
(6) A process by which the treatment of the families
of nonrevenue passengers will be the same as the
treatment of the families of revenue passengers.
(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs
of survivors and family members following an accident.
(c) Use of Information.--The National Transportation Safety
Board, the Secretary of Transportation, and Amtrak may not
release any personal information on a list obtained under
subsection (b)(1) but may provide information on the list about
a passenger to the family of the passenger to the extent that
the Board or Amtrak considers appropriate.
(d) Limitation on Liability.--Amtrak shall not be liable for
damages in any action brought in a Federal or State court
arising out of the performance of Amtrak in preparing or
providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted by
Amtrak under subsection (b), unless such liability was caused
by Amtrak's conduct.
(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that Amtrak
may take, or the obligations that Amtrak may have, in providing
assistance to the families of passengers involved in a rail
passenger accident.
(f) Funding.--Out of funds appropriated pursuant to section
102 of the Rail Security Act of 2005, there shall be made
available to the Secretary of Transportation for the use of
Amtrak $500,000 for fiscal year 2007 to carry out this section.
Amounts made available pursuant to this subsection shall remain
available until expended.
PART E--MISCELLANEOUS
CHAPTER 281. LAW ENFORCEMENT
Sec. 28101. Rail police officers
(a) In General._Under regulations prescribed by the Secretary
of Transportation, a rail police officer who is employed by a
rail carrier and certified or commissioned as a police officer
under the laws of a State may enforce the laws of any
jurisdiction in which [the rail carrier] any rail carrier owns
property, to the extent of the authority of a police officer
certified or commissioned under the laws of that jurisdiction,
to protect--
(1) employees, passengers, or patrons of [the rail
carrier] any rail carrier;
(2) property, equipment, and facilities owned,
leased, operated, or maintained by the rail carrier;
(3) property moving in interstate or foreign commerce
in the possession of the rail carrier; and
(4) personnel, equipment, and material moving by rail
that are vital to the national defense.
SUBTITLE VII. AVIATION PROGRAMS
SUBPART III. SAFETY
CHAPTER 449. SECURITY
SUBCHAPTER I. REQUIREMENTS
Sec. 44924. Repair station security
(a) Security review and audit.--To ensure the security of
maintenance and repair work conducted on air carrier aircraft
and components at foreign repair stations, the Under Secretary
for Border and Transportation Security of the Department of
Homeland Security, in consultation with the Administrator of
the Federal Aviation Administration, shall complete a security
review and audit of foreign repair stations that are certified
by the Administrator under part 145 of title 14, Code of
Federal Regulations, and that work on air carrier aircraft and
components. The review shall be completed not later than [18
months] 6 months after the date on which the Under Secretary
issues regulations under subsection (f).
(b) Addressing security concerns.--The Under Secretary shall
require a foreign repair station to address the security issues
and vulnerabilities identified in a security audit conducted
under subsection (a) within 90 days of providing notice to the
repair station of the security issues and vulnerabilities so
identified and shall notify the Administrator that a deficiency
was identified in the security audit.
(c) Suspensions and revocations of certificates.--
(1) Failure to carry out effective security
measures.--If, after the 90th day on which a notice is
provided to a foreign repair station under subsection
(b), the Under Secretary determines that the foreign
repair station does not maintain and carry out
effective security measures, the Under Secretary shall
notify the Administrator of the determination. Upon
receipt of the determination, the Administrator shall
suspend the certification of the repair station until
such time as the Under Secretary determines that the
repair station maintains and carries out effective
security measures and transmits the determination to
the Administrator.
(2) Immediate security risk.--If the Under Secretary
determines that a foreign repair station poses an
immediate security risk, the Under Secretary shall
notify the Administrator of the determination. Upon
receipt of the determination, the Administrator shall
revoke the certification of the repair station.
(3) Procedures for appeals.--The Under Secretary, in
consultation with the Administrator, shall establish
procedures for appealing a revocation of a certificate
under this subsection.
(d) Failure to meet audit deadline.--If the security audits
required by subsection (a) are not completed on or before the
date that is [18 months] 6 months after the date on which the
Under Secretary issues regulations under subsection (f), the
Administrator shall be barred from certifying any foreign
repair station until such audits are completed for existing
stations.
(e) Priority for audits.--In conducting the audits described
in subsection (a), the Under Secretary and the Administrator
shall give priority to foreign repair stations located in
countries identified by the Government as posing the most
significant security risks.
(f) Regulations.--Not later than 240 days after the date of
enactment of this section, the Under Secretary, in consultation
with the Administrator, shall issue final regulations to ensure
the security of foreign and domestic aircraft repair stations.
(g) Report to Congress.--If the Under Secretary does not
issue final regulations before the deadline specified in
subsection (f), the Under Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing an explanation
as to why the deadline was not met and a schedule for issuing
the final regulations.
SUBCHAPTER II. ADMINISTRATION AND PERSONNEL
Sec. 44940. Security service fees
(a) General Authority.--
(1) Passenger fees.--The Under Secretary of
Transportation for Security shall impose a uniform fee,
on passengers of air carriers and foreign air carriers
in air transportation and intrastate air transportation
originating at airports in the United States, to pay
for the following costs of providing civil aviation
security services:
(A) Salary, benefits, overtime, retirement
and other costs of screening personnel, their
supervisors and managers, and Federal law
enforcement personnel deployed at airport
security screening locations under section
44901.
(B) The costs of training personnel described
in subparagraph (A), and the acquisition,
operation, and maintenance of equipment used by
such personnel.
(C) The costs of performing background
investigations of personnel described in
subparagraphs (A), (D), (F), and (G).
(D) The costs of the Federal air marshals
program.
(E) The costs of performing civil aviation
security research and development under this
title.
(F) The costs of Federal Security Managers
under section 44903.
(G) The costs of deploying Federal law
enforcement personnel pursuant to section
44903(h). The amount of such costs shall be
determined by the Under Secretary and shall not
be subject to judicial review. For purposes of
subparagraph (A), the term ``Federal law
enforcement personnel'' includes State and
local law enforcement officers who are
deputized under section 44922.
(H) The costs of security-related capital
improvements at airports.
(I) The costs of training pilots and flight
attendants under sections 44918 and 44921.
(2) Air carrier fees.--
(A) Authority.--In addition to the fee
imposed pursuant to paragraph (1), and only to
the extent that the Under Secretary estimates
that such fee will be insufficient to pay for
the costs of providing civil aviation security
services described in paragraph (1), the Under
Secretary may impose a fee on air carriers and
foreign air carriers engaged in air
transportation and intrastate air
transportation to pay for the difference
between any such costs and the amount collected
from such fee, as estimated by the Under
Secretary at the beginning of each fiscal year.
The estimates of the Under Secretary under this
subparagraph are not subject to judicial
review.
(B) Limitations.--
(i) Overall limit.--The amounts of
fees collected under this paragraph for
each fiscal year may not exceed, in the
aggregate, the amounts paid in calendar
year 2000 by carriers described in
subparagraph (A) for screening
passengers and property, as determined
by the Under Secretary.
(ii) Per-carrier limit.--The amount
of fees collected under this paragraph
from an air carrier described in
subparagraph (A) for each of fiscal
years 2002, 2003, and 2004 may not
exceed the amount paid in calendar year
2000 by that carrier for screening
passengers and property, as determined
by the Under Secretary.
(iii) Adjustment of per-carrier
limit.--For fiscal year 2005 and
subsequent fiscal years, the per-
carrier limitation under clause (ii)
may be determined by the Under
Secretary on the basis of market share
or any other appropriate measure in
lieu of actual screening costs in
calendar year 2000.
(iv) Finality of determinations.--
Determinations of the Under Secretary
under this subparagraph are not subject
to judicial review.
(C) Special rule for fiscal year 2002.--The
amount of fees collected under this paragraph
from any carrier for fiscal year 2002 may not
exceed the amounts paid by that carrier for
screening passengers and property for a period
of time in calendar year 2000 proportionate to
the period of time in fiscal year 2002 during
which fees are collected under this paragraph.
(D) Fiscal years 2007 and later.--The
Assistant Secretary may not increase the
aviation security infrastructure fee authorized
by subparagraph (A), or impose any additional
fees under that subparagraph, after September
30, 2006, unless--
(i) the fee or increase is imposed by
rule promulgated by the Assistant
Secretary; and
(ii) not less than 60 days before its
proposed effective date, the Assistant
Secretary submits the rule to--
(I) the Senate Committee on
Commerce, Science, and
Transportation;
(II) the Senate Committee on
Appropriations;
(III) the House of
Representatives Committee on
Transportation and
Infrastructure;
(IV) the House of
Representatives Committee on
Homeland Security; and
(V) the House of
Representatives Committee on
Appropriations .
(E) Application of chapter 8 of title 5.--
Chapter 8 of title 5 applies to any rule
promulgated by the Assistant Secretary imposing
a fee or increasing fees under subparagraph (A)
after September 30, 2006.
(b) Schedule of Fees.--In imposing fees under subsection (a),
the Under Secretary shall ensure that the fees are reasonably
related to the Transportation Security Administration's costs
of providing services rendered.
(c) Limitation on Fee.--Fees imposed under subsection (a)(1)
may not exceed $2.50 per enplanement in air transportation or
intrastate air transportation that originates at an airport in
the United States, except that the total amount of such fees
may not exceed $5.00 per one-way trip.
(d) Imposition of Fee.--
(1) In general.--Notwithstanding section 9701 of
title 31 and the procedural requirements of section 553
of title 5, the Under Secretary shall impose the fee
under subsection (a)(1), and may impose a fee under
subsection (a)(2), through the publication of notice of
such fee in the Federal Register and begin collection
of the fee within 60 days of the date of enactment of
this Act, or as soon as possible thereafter.
(2) Special rules passenger fees.--A fee imposed
under subsection (a)(1) through the procedures under
subsection (d) shall apply only to tickets sold after
the date on which such fee is imposed. If a fee imposed
under subsection (a)(1) through the procedures under
subsection (d) on transportation of a passenger of a
carrier described in subsection (a)(1) is not collected
from the passenger, the amount of the fee shall be paid
by the carrier.
(3) Subsequent modification of fee.--After imposing a
fee in accordance with paragraph (1), the Under
Secretary may modify, from time to time through
publication of notice in the Federal Register, the
imposition or collection of such fee, or both.
(4) Limitation on collection.--No fee may be
collected under this section except to the extent that
the expenditure of the fee to pay the costs of
activities and services for which the fee is imposed is
provided for in advance in an appropriations Act or in
section 44923.
(e) Administration of Fees.--
(1) Fees payable to Under Secretary.--All fees
imposed and amounts collected under this section are
payable to the Under Secretary.
(2) Fees collected by air carrier.--A fee imposed
under subsection (a)(1) shall be collected by the air
carrier or foreign air carrier that sells a ticket for
transportation described in subsection (a)(1).
(3) Due date for remittance.--A fee collected under
this section shall be remitted on the last day of each
calendar month by the carrier collecting the fee. The
amount to be remitted shall be for the calendar month
preceding the calendar month in which the remittance is
made.
(4) Information.--The Under Secretary may require the
provision of such information as the Under Secretary
decides is necessary to verify that fees have been
collected and remitted at the proper times and in the
proper amounts.
(5) Fee not subject to tax.--For purposes of section
4261 of the Internal Revenue Code of 1986 (26 U.S.C.
4261), a fee imposed under this section shall not be
considered to be part of the amount paid for taxable
transportation.
(6) Cost of collecting fee.--No portion of the fee
collected under this section may be retained by the air
carrier or foreign air carrier for the costs of
collecting, handling, or remitting the fee except for
interest accruing to the carrier after collection and
before remittance.
(f) Receipts Credited as Offsetting Collections.--
Notwithstanding section 3302 of title 31, any fee collected
under this section--
(1) shall be credited as offsetting collections to
the account that finances the activities and services
for which the fee is imposed;
(2) shall be available for expenditure only to pay
the costs of activities and services for which the fee
is imposed; and
(3) shall remain available until expended.
(g) Refunds.--The Under Secretary may refund any fee paid by
mistake or any amount paid in excess of that required.
(h) Exemptions.--The Under Secretary may exempt from the
passenger fee imposed under subsection (a)(1) any passenger
enplaning at an airport in the United States that does not
receive screening services under section 44901 for that segment
of the trip for which the passenger does not receive screening.
MARITIME TRANSPORTATION SECURITY ACT OF 2002
[SEC. 111. PERFORMANCE STANDARDS.
[ Not later than January 1, 2004, the Secretary of the
department in which the Coast Guard is operating, in
consultation with the Transportation Security Oversight Board,
shall--
[ (1) develop and maintain an antiterrorism cargo
identification, tracking, and screening system for
containerized cargo shipped to and from the United
States either directly or via a foreign port; and
[ (2) develop performance standards to enhance the
physical security of shipping containers, including
standards for seals and locks.]