S3808 CONGRESSIONAL RECORD — SENATE May 1, 2006 amendment intended to be proposed by him SA 3796. Mr. INHOFE submitted an amend- bill H.R. 4939, supra; which was ordered to lie to the bill H.R. 4939, supra; which was or- ment intended to be proposed by him to the on the table. dered to lie on the table. bill H.R. 4939, supra; which was ordered to lie SA 3816. Mrs. BOXER submitted an amend- SA 3776. Mr. KOHL submitted an amend- on the table. ment intended to be proposed by her to the ment intended to be proposed by him to the SA 3797. Mr. DURBIN submitted an amend- bill H.R. 4939, supra; which was ordered to lie bill H.R. 4939, supra; which was ordered to lie ment intended to be proposed by him to the on the table. on the table. bill H.R. 4939, supra; which was ordered to lie SA 3817. Mr. COBURN submitted an SA 3777. Mr. MENENDEZ (for himself, Mr. on the table. amendment intended to be proposed by him LEAHY, Mr. DURBIN, Mr. SARBANES, Mr. LAU- SA 3798. Mr. KENNEDY submitted an to the bill H.R. 4939, supra; which was or- TENBERG, Mr. DODD, and Mr. OBAMA) sub- amendment intended to be proposed by him dered to lie on the table. mitted an amendment intended to be pro- to the bill H.R. 4939, supra; which was or- SA 3818. Mr. WYDEN submitted an amend- posed by him to the bill H.R. 4939, supra; dered to lie on the table. ment intended to be proposed by him to the which was ordered to lie on the table. SA 3799. Mr. INOUYE (for himself, Mr. STE- bill H.R. 4939, supra; which was ordered to lie SA 3778. Mrs. BOXER submitted an amend- VENS, Mr. SHELBY, Mr. SARBANES, and Mr. on the table. ment intended to be proposed by her to the ROCKEFELLER) submitted an amendment in- SA 3819. Mr. VITTER submitted an amend- bill H.R. 4939, supra; which was ordered to lie tended to be proposed by him to the bill H.R. ment intended to be proposed by him to the on the table. 4939, supra; which was ordered to lie on the bill H.R. 4939, supra; which was ordered to lie SA 3779. Mrs. BOXER submitted an amend- table. on the table. ment intended to be proposed by her to the SA 3800. Mr. INOUYE (for himself, Mr. STE- SA 3820. Mr. OBAMA (for himself, Mr. bill H.R. 4939, supra; which was ordered to lie VENS, Mrs. HUTCHISON, Mr. ROCKEFELLER, LEVIN, Mr. BAYH, Ms. LANDRIEU, and Mr. on the table. Mrs. BOXER, Mr. LAUTENBERG, Ms. SNOWE, LIEBERMAN) submitted an amendment in- SA 3780. Mrs. BOXER submitted an amend- Ms. CANTWELL, Mr. KERRY, Mr. DORGAN, Mr. tended to be proposed by him to the bill H.R. ment intended to be proposed by her to the NELSON, of Florida, and Mr. PRYOR) sub- 4939, supra; which was ordered to lie on the bill H.R. 4939, supra; which was ordered to lie mitted an amendment intended to be pro- table. on the table. posed by him to the bill H.R. 4939, supra; SA 3821. Mr. SANTORUM submitted an SA 3781. Mrs. BOXER submitted an amend- which was ordered to lie on the table. amendment intended to be proposed by him ment intended to be proposed by her to the SA 3801. Mr. LEAHY (for himself and Mr. to the bill H.R. 4939, supra; which was or- bill H.R. 4939, supra; which was ordered to lie DURBIN) submitted an amendment intended dered to lie on the table. on the table. to be proposed by him to the bill H.R. 4939, SA 3822. Mr. INOUYE (for himself, Mr. STE- SA 3782. Mrs. BOXER submitted an amend- supra; which was ordered to lie on the table. VENS, Mr. SHELBY, Mr. SARBANES, Mr. ROCKE- ment intended to be proposed by her to the SA 3802. Mr. LEAHY submitted an amend- FELLER, Mr. REED, Mrs. BOXER, Mrs. CLIN- bill H.R. 4939, supra; which was ordered to lie ment intended to be proposed by him to the TON, and Mr. ALLARD) submitted an amend- on the table. bill H.R. 4939, supra; which was ordered to lie ment intended to be proposed by him to the SA 3783. Mrs. BOXER submitted an amend- on the table. bill H.R. 4939, supra; which was ordered to lie ment intended to be proposed by her to the SA 3803. Mr. FEINGOLD submitted an on the table. bill H.R. 4939, supra; which was ordered to lie amendment intended to be proposed by him SA 3823. Mr. LEAHY submitted an amend- on the table. to the bill H.R. 4939, supra; which was or- ment intended to be proposed by him to the SA 3784. Mrs. BOXER submitted an amend- dered to lie on the table. bill H.R. 4939, supra; which was ordered to lie ment intended to be proposed by her to the SA 3804. Mr. COCHRAN submitted an on the table. bill H.R. 4939, supra; which was ordered to lie amendment intended to be proposed by him SA 3824. Mr. VOINOVICH submitted an on the table. to the bill H.R. 4939, supra; which was or- amendment intended to be proposed to SA 3785. Mr. LEVIN (for himself, Mr. DOR- dered to lie on the table. amendment SA 3613 submitted by Mr. GAN, Ms. STABENOW, and Mr. CONRAD) sub- SA 3805. Mr. BENNETT submitted an VOINOVICH (for himself, Mr. OBAMA, Mr. mitted an amendment intended to be pro- amendment intended to be proposed by him DEWINE, Mr. LEVIN, Ms. STABENOW, Mr. DUR- posed by him to the bill H.R. 4939, supra; to the bill H.R. 4939, supra; which was or- BIN, and Mr. DAYTON) and intended to be pro- which was ordered to lie on the table. dered to lie on the table. posed to the bill H .R. 4939, supra; which was SA 3786. Mr. HARKIN submitted an amend- SA 3806. Mr. BROWNBACK submitted an ordered to lie on the table. ment intended to be proposed by him to the amendment intended to be proposed by him bill H.R. 4939, supra; which was ordered to lie to the bill H.R. 4939, supra; which was or- f on the table. dered to lie on the table. SA 3787. Mr. KYL submitted an amend- SA 3807. Mr. CHAMBLISS (for himself, Mr. TEXT OF AMENDMENTS ment intended to be proposed by him to the ISAKSON, and Mr. INOUYE) submitted an SA 3728. Mr. VITTER (for himself bill H.R. 4939, supra; which was ordered to lie amendment intended to be proposed by him and Ms. LANDRIEU) submitted an on the table. to the bill H.R. 4939, supra; which was or- amendment intended to be proposed by SA 3788. Mr. KYL submitted an amend- dered to lie on the table. him to the bill H.R. 4939, making emer- ment intended to be proposed by him to the SA 3808. Mr. COLEMAN submitted an bill H.R. 4939, supra; which was ordered to lie amendment intended to be proposed by him gency supplemental appropriations for on the table. to the bill H.R. 4939, supra; which was or- the fiscal year ending September 30, SA 3789. Mrs. HUTCHISON (for herself, Mr. dered to lie on the table. 2006, and for other purposes; which was CORNYN, and Ms. LANDRIEU) submitted an SA 3809. Mr. OBAMA submitted an amend- ordered to lie on the table; as follows: amendment intended to be proposed by her ment intended to be proposed by him to the On page 165, line 19, strike ‘‘$10,600,000,000’’ to the bill H.R. 4939, supra; which was or- bill H.R. 4939, supra; which was ordered to lie and insert ‘‘$10,400,000,000’’. dered to lie on the table. on the table. On page 168, between lines 8 and 9, insert SA 3790. Mrs. HUTCHISON submitted an SA 3810. Mr. OBAMA (for himself, Mr. the following: amendment intended to be proposed by her COBURN, and Mr. KENNEDY) submitted an FLOOD PROTECTION, LOUISIANA to the bill H.R. 4939, supra; which was or- amendment intended to be proposed by him dered to lie on the table. to the bill H.R. 4939, supra; which was or- SEC. 2054. (a) There shall be made available SA 3791. Mrs. HUTCHISON (for herself, Mr. dered to lie on the table. $200,000,000 for the Secretary of the Army CORNYN, and Ms. LANDRIEU) submitted an SA 3811. Mr. OBAMA (for himself, Mr. (referred to in this section as the ‘‘Sec- amendment intended to be proposed by her COBURN, and Mr. KENNEDY) submitted an retary’’) to provide, at full Federal expense— to the bill H.R. 4939, supra. amendment intended to be proposed by him (1) pumping capacity and other measures SA 3792. Mrs. HUTCHISON (for herself, Mr. to the bill H.R. 4939, supra; which was or- required to prevent flooding associated with CORNYN, and Ms. LANDRIEU) submitted an dered to lie on the table. modifications to outfall canals in Jefferson amendment intended to be proposed by her SA 3812. Mr. BOND submitted an amend- and Orleans Parishes, Louisiana; to the bill H.R. 4939, supra; which was or- ment intended to be proposed by him to the (2) repairs, replacements, modifications, dered to lie on the table. bill H.R. 4939, supra; which was ordered to lie and improvements of non-Federal levees and SA 3793. Mr. COCHRAN submitted an on the table. associated protection measures— amendment intended to be proposed by him SA 3813. Mr. OBAMA (for himself, Mr. (A) in areas of Terrebonne Parish, and of to the bill H.R. 4939, supra; which was or- BINGAMAN, and Mr. SALAZAR) submitted an Jefferson Parish in the vicinity of Jean La- dered to lie on the table. amendment intended to be proposed by him fitte; and SA 3794. Mr. INHOFE submitted an amend- to the bill H.R. 4939, supra; which was or- (B) on the east bank of the Mississippi ment intended to be proposed by him to the dered to lie on the table. River in Plaquemines Parish, Louisiana; and bill H.R. 4939, supra; which was ordered to lie SA 3814. Mr. BAUCUS submitted an amend- (3) for armoring the hurricane and storm on the table. ment intended to be proposed by him to the damage reduction system in south Lou- SA 3795. Mr. INHOFE submitted an amend- bill H.R. 4939, supra; which was ordered to lie isiana. ment intended to be proposed by him to the on the table. (b) A project under this section shall be bill H.R. 4939, supra; which was ordered to lie SA 3815. Mr. BAUCUS submitted an amend- initiated only after non-Federal interests on the table. ment intended to be proposed by him to the have entered into binding agreements with

VerDate Aug 31 2005 02:33 May 02, 2006 Jkt 049060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.044 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3809 the Secretary to pay 100 percent of the oper- for each fiscal year to operate and maintain for the Iraq Constitution through amend- ation and maintenance costs of the project the Barrier (including repair, replacement, ments to the Iraq Constitution, imple- and to hold and save the United States free and rehabilitation). menting legislation that enjoys widespread from damages due to the construction or op- support among all major parliamentary eration and maintenance of the project, ex- SA 3730. Mr. ALLARD submitted an blocs, or both; cept for damages due to the fault or neg- amendment intended to be proposed by (B) pursue policies and actions that will ligence of the United States or its contrac- him to the bill H.R. 4939, making emer- defeat terrorists and insurgents, and pro- tors. gency supplemental appropriations for mote stability; (c) The Secretary shall submit to Congress the fiscal year ending September 30, (C) strengthen the economy, rebuild infra- a report detailing a modified plan to protect structure, and provide jobs; lower Plaquemines Parish, Louisiana, from 2006, and for other purposes; which was (D) select cabinet officials who reflect the damage attributable to hurricanes with a ordered to lie on the table; as follows: diversity of the Iraqi people and who can de- focus on— On page 235, between lines 19 and 20, insert liver services to the Iraqi people and manage (1) protecting populated areas; the following: their ministries effectively and efficiently; (2) energy infrastructure; SEC. 30ll. REPORT ON FIRE SEASON. (E) form a national security council to im- (3) structural and nonstructural coastal Not later than June 1, 2006, the Secretary prove government coordination on these and barriers and protection; of the Interior shall submit to Congress a re- other difficult issues; (4) port facilities; and port that— (F) ensure there is no place in a free and (5) the long-term maintenance and protec- (1) assesses the projected severity of the democratic Iraq for armed groups operating tion of the deep draft navigation channel on pending fire season; outside of the law; the Mississippi River. (2) taking into consideration drought, haz- (G) find and remove any local or national (d) Not later than 30 days after the date of ardous fuel buildup, and insect infestation, police leaders showing evidence of militia enactment of this Act, the Secretary shall identifies the areas in which the threat of loyalties; and offer to enter into a contract with the Na- the pending fire season is the most serious; (H) address critical issues such as the proc- tional Academies to provide to the Secretary (3) describes any actions recommended by ess known as de-Ba’athification, the oper- a report, by not later than 90 days after the the Secretary of the Interior to mitigate the ation of security ministries, and the dis- date of enactment of this Act, describing, for threat of the pending fire season; and tribution of oil revenues in a spirit of na- the period beginning on the date on which (4) specifies the amount of funds that tional unity; the individual system components for hurri- would be necessary to carry out the actions (4) to acknowledge that progress is being cane and storm damage reduction was con- recommended by the Secretary under para- made in Iraq and look to the Iraqi govern- structed and ending on the date on which the graph (3). ment to come to political solutions in a report is prepared, the difference between— timely, evenhanded and inexorable manner; (1) the portion of the vertical depreciation SA 3731. Mr. WARNER submitted an (5) to recognize the magnificent perform- of the system that is attributable to design amendment intended to be proposed by ance of the United States Armed Forces and and construction flaws, taking into consider- him to the bill H.R. 4939, making emer- the coalition partners, and United States ation the settling of levees and floodwalls or gency supplemental appropriations for Government officials from many depart- subsidence; and the fiscal year ending September 30, ments and agencies, as well as the sacrifices (2) the portion of that depreciation that is of their families at home; and attributable to the application of new storm 2006, and for other purposes; which was (6) to always honor the conduct and valor datum that may require a higher level of ordered to lie on the table; as follows: of those who have given life or limb in this vertical protection in order to comply with On page 117, between lines 9 and 10, insert noble mission and the families and loved 100-year floodplain certification and stand- the following: ones who support them. ard protect hurricane. SENSE OF SENATE ON IRAQ (e) The amounts provided under this head- SA 3732. Mr. GRASSLEY (for himself SEC. 1312. (a) FINDINGS.—The Senate makes ing are designated as an emergency require- the following findings: and Mr. BAUCUS) submitted an amend- ment pursuant to section 402 of H. Con. Res. (1) No community in Iraq was spared from ment intended to be proposed by him 95 (109th Congress), the concurrent resolu- Saddam’s campaign of repression and divi- to the bill H.R. 4939, making emer- tion on the budget for fiscal year 2006. sion. gency supplemental appropriations for (2) Liberation has brought its own chal- the fiscal year ending September 30, SA 3729. Mr. CHAFFE submitted an lenges. Saddam’s removal from power was 2006, and for other purposes; which was amendment intended to be proposed by the essential first step in restoring stability, ordered to lie on the table; as follows: him to the bill H.R. 4939, making emer- freedom, and sovereignty for the Iraqi peo- On page 186, after line 22, add the fol- gency supplemental appropriations for ple. lowing: the fiscal year ending September 30, (3) Iraq is a nation with many ethnic, reli- SEC. 2704. Of the funds made available 2006, and for other purposes; which was gious, sectarian, regional, and tribal divi- under the heading ‘‘Disaster Relief’’ under ordered to lie on the table; as follows: sions, and before Saddam Hussein, Iraqis the heading ‘‘Federal Emergency Manage- from three different backgrounds were able ment Agency’’ in chapter 5 of this title, On page 253, between lines 19 and 20, insert to live and work together. $38,000,000 is hereby transferred to the Social the following: (4) The terrorists and insurgents are un- Security Administration for necessary ex- FOX POINT HURRICANE BARRIER, PROVIDENCE, able to stop Iraq’s march toward freedom, penses and direct or indirect losses related to RHODE ISLAND democracy, and economic security. the consequences of Hurricane Katrina and SEC. 7lll. (a) In this section: (5) The Iraqi Council of Representatives’ other hurricanes of the 2005 season: Provided, (1) The term ‘‘Barrier’’ means the Fox approval on April 22, 2006, of the Presidency That the amount transferred by this section Point Hurricane Barrier, Providence, Rhode Council consisting of Jalal Talabani as is designated as an emergency requirement Island. President and two Deputy Presidents, and pursuant to section 402 of H. Con. Res. 95 (2) The term ‘‘City’’ means the city of the election of a Speaker and two Deputy (109th Congress), the concurrent resolution Providence, Rhode Island. Speakers is a significant step forward, as is on the budget for fiscal year 2006. (3) The term ‘‘Secretary’’ means the Sec- the decision by the Iraqi political leadership SA 3733. Mr. SESSIONS submitted an to select Jawad al-Maliki as the Prime Min- retary of the Army, acting through the Chief amendment intended to be proposed by of Engineers. ister designate. (b) Not later than 2 years after the date of (b) SENSE OF SENATE.—It is the sense of the him to the bill H.R. 4939, making emer- enactment of this Act, the Secretary shall Senate— gency supplemental appropriations for assume responsibility for the annual oper- (1) that Iraq has crossed another major the fiscal year ending September 30, ation and maintenance of the Barrier. milestone in its march toward freedom, de- 2006, and for other purposes; which was (c)(1) The City, in coordination with the mocracy, and stability with the establish- ordered to lie on the table; as follows: Secretary, shall identify any land and struc- ment of its first permanent democratically Before the period at the end of title VI (re- tures required for the continued operation elected government that will chart the lating to pandemic flu), insert the following: and maintenance, repair, replacement, reha- course for Iraq’s future in a way denied to ‘‘: Provided further, That $10,000,000 of such bilitation, and structural integrity of the previous generations of Iraqis; amount shall be for the development of a Barrier. (2) to commend Iraq’s new national leaders neuraminidase inhibitor as an antiviral ther- (2) The City shall convey to the Secretary, on their selection, and the Iraqi people, for apy for seasonal and pandemic influenza, in- by quitclaim deed and without consider- another important milestone in their demo- cluding all strains of avian influenza, that ation, all rights, title, and interests of the cratic evolution; can be administered to patients parenterally: City in and to the land and structures identi- (3) to strongly encourage Iraq’s leaders to Provided further, That $10,000,000 of such fied under paragraph (1). seize this pivotal moment to— amount shall be for the purchase of an auto- (d) There are authorized to be appropriated (A) complete the formation of a govern- mated high thoroughput molecular differen- to the Secretary such funds as are necessary ment of national unity and expand support tial diagnosis system to assist in carrying

VerDate Aug 31 2005 02:33 May 02, 2006 Jkt 049060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.046 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3810 CONGRESSIONAL RECORD — SENATE May 1, 2006 out domestic and global disease surveil- On page 117, between lines 9 and 10, insert SA 3742. Mr. SALAZAR submitted an lance’’. the following: amendment intended to be proposed by ADDITIONAL AMOUNT FOR PROCUREMENT, him to the bill H.R. 4939, making emer- SA 3734. Mr. BINGAMAN (for himself DEFENSE-WIDE gency supplemental appropriations for and Mr. DOMENICI) submitted an SEC. 1312. (a) ADDITIONAL AMOUNT.—The the fiscal year ending September 30, amendment intended to be proposed by amount appropriated by this chapter under 2006, and for other purposes; which was him to the bill H.R. 4939, making emer- the heading ‘‘PROCUREMENT, DEFENSE-WIDE’’ ordered to lie on the table; as follows: is hereby increased by $2,000,000. gency supplemental appropriations for On page 172, after line 21, add the fol- (b) OFFSET.—The amount appropriated by the fiscal year ending September 30, lowing: chapter 5 of title II under the heading ‘‘DIS- 2006, and for other purposes; which was For an additional amount for the ‘‘Na- ASTER RELIEF’’ is hereby decreased by tional Forest System’’ for necessary ex- ordered to lie on the table; as follows: $2,000,000, with the amount of the reduction penses related to projects focused on reduc- On page 253, between lines 19 and 20, insert to be allocated to amounts available under ing the risk of catastrophic fires and miti- the following: that heading for operation costs of the Fed- gating the effects of widespread insect infes- BORDER SECURITY IN THE EL PASO SECTOR eral Emergency Management Agency. tations, $30,000,000: Provided, That the SEC. ll. (a) ADDITIONAL AMOUNT FOR CON- amount provided under this heading is des- STRUCTION.—The amount appropriated by SA 3738. Mr. INOUYE submitted an ignated as an emergency requirement pursu- this Act under the heading ‘‘Construction’’ amendment intended to be proposed by ant to section 402 of H. Con. Res. 95 (109th under the heading ‘‘Customs and Border Pro- him to the bill H.R. 4939, making emer- Congress), the concurrent resolution on the tection’’ is increased by $20,000,000. gency supplemental appropriations for budget for fiscal year 2006. (b) AVAILABILITY.—Of the amount appro- the fiscal year ending September 30, priated by this Act under the heading ‘‘Con- 2006, and for other purposes; which was SA 3743. Mr. LEVIN (for himself, Ms. struction’’ under the heading ‘‘Customs and ordered to lie on the table; as follows: STABENOW, Mr. COLEMAN, and Mr. Border Protection’’, as increased by sub- VOINOVICH) submitted an amendment On page 142, line 20, after the colon, insert section (a), $20,000,000 to remain available intended to be proposed by him to the until expended shall be available for the El the following: ‘‘Provided further, That not- withstanding any other provision of law, bill H.R. 4939, making emergency sup- Paso Sector to enhance tactical infrastruc- plemental appropriations for the fiscal ture. $5,500,000 shall be available for low-interest (c) OFFSET.—Of the amount appropriated loans to businesses and individuals to assist year ending September 30, 2006, and for by title II of division D of the Consolidated in the recovery efforts resulting from the other purposes; which was ordered to Appropriations Act, 2005 (Public Law 108–447) heavy rains and thunderstorms in Hawaii lie on the table; as follows: under the heading ‘‘Economic Support that began on February 20, 2006:’’. At the appropriate place, insert the fol- Fund’’ for direct assistance for the West lowing: Mr. INOUYE submitted an Bank and Gaza, $20,000,000, are rescinded. SA 3739. SEC. ll. SCREENING OF MUNICIPAL SOLID amendment intended to be proposed by WASTE. SA 3735. Mr. LAUTENBERG (for him- him to the bill H.R. 4939, making emer- (a) FINDINGS.—Congress finds, based on the self and Mr. MENENDEZ) submitted an gency supplemental appropriations for review of the Office of the Inspector General amendment intended to be proposed by the fiscal year ending September 30, of the Department of Homeland Security of him to the bill H.R. 4939, making emer- 2006, and for other purposes; which was the effectiveness of screening by the Bureau ordered to lie on the table; as follows: of Customs and Border Protection of trucks gency supplemental appropriations for carrying Canadian municipal solid waste, the fiscal year ending September 30, On page 165, line 20, after ‘‘Provided, that— 2006, and for other purposes; which was That’’, insert the following: ‘‘notwith- (1) the Bureau does not have an effective ordered to lie on the table; as follows: standing any other provision of law, method of screening and inspecting the 350 $27,800,000 of the amount shall be for the truckloads of municipal solid waste that On page 162, between lines 12 and 13, insert State of Hawaii, with $21,000,000 of the the following: enter the United States daily through the amount for assistance with repairs to Round Detroit and Port Huron ports of entry; RAMAPO RIVER AT OAKLAND FLOOD CONTROL Top Drive, $4,500,000 of the amount for public (2) the effectiveness of technologies used as PROJECT assistance for the State and counties in the of the date of enactment of this Act to test For an additional amount for the Corps of State, and $2,300,000 of the amount for indi- for the presence of radiation in municipal Engineers for the completion of the Ramapo vidual assistance and disaster loan pro- solid waste is limited; River at Oakland flood control project in the grams: Provided further, That’’. (3) visual presentation of vehicle and cargo State of New Jersey, $445,000, to remain inspection systems does not allow for easily available until expended: Provided, That the SA 3740. Mr. KENNEDY submitted an distinguishing drugs, weapons, and other amount provided under this heading is des- amendment intended to be proposed by contraband in municipal solid waste; and ignated as an emergency requirement pursu- him to the bill H.R. 4939, making emer- (4)(A) physical inspections of municipal ant to section 402 H. Con. Res. 95 (109th Con- gency supplemental appropriations for solid waste are of limited value because it is gress), the concurrent resolution on the the fiscal year ending September 30, difficult to thoroughly inspect compacted budget for fiscal year 2006. 2006, and for other purposes; which was municipal solid waste to identify illegal ordered to lie on the table; as follows: cargo; and SA 3736. Mr. SALAZAR submitted an (B) relatively few physical inspections are amendment intended to be proposed by At the appropriate place, insert the fol- performed because the inspections are labor him to the bill H.R. 4939, making emer- lowing: intensive. gency supplemental appropriations for SEC. ll. FUNDING FOR PANDEMIC INFLUENZA (b) DEFINITIONS.—In this section: VACCINE INJURY COMPENSATION. the fiscal year ending September 30, (1) BUREAU.—The term ‘‘ Bureau’’ means For an additional amount for the ‘‘Public the Bureau of Customs and Border Protec- 2006, and for other purposes; which was Health and Social Services Emergency tion. ordered to lie on the table; as follows: Fund’’ to compensate individuals harmed by (2) COMMERCIAL MOTOR VEHICLE.—The term On page 172, strike lines 15 through 21 and pandemic influenza vaccines, $289,000,000: ‘‘commercial motor vehicle’’ has the mean- insert the following: ‘‘System’’ for necessary Provided, That the amounts provided for ing given the term in section 31101 of title 49, expenses, $50,000,000, to remain available under this section shall be designated as an United States Code. until expended: Provided, That the amount emergency requirement pursuant to section (3) COMMISSIONER.—The term ‘‘Commis- provided under this heading is designated as 402 of H. Con. Res. 95 (109th Congress). sioner’’ means the Commissioner of the Bu- an emergency requirement pursuant to sec- reau. tion 402 of H. Con. Res. 95 (109th Congress), SA 3741. Mr. LIEBERMAN (for him- (4) MUNICIPAL SOLID WASTE.—The term the concurrent resolution on the budget for self and Mr. BROWNBACK) submitted an ‘‘municipal solid waste’’ includes sludge (as fiscal year 2006.’’ amendment intended to be proposed by defined in section 1004 of the Solid Waste him to the bill H.R. 4939, making emer- Disposal Act (42 U.S.C. 6903)). SA 3737. Ms. LANDRIEU submitted gency supplemental appropriations for (c) REPORT TO CONGRESS.—Not later than an amendment intended to be proposed the fiscal year ending September 30, 90 days after the date of enactment of this Act, the Commissioner shall submit to Con- by her to the bill H.R. 4939, making 2006, and for other purposes; which was emergency supplemental appropria- gress a report that identifies the actions ordered to lie on the table; as follows: that the Bureau will take to achieve the tions for the fiscal year ending Sep- On page 238, line 25, insert ‘‘through the same level of effectiveness in the screening tember 30, 2006, and for other purposes; Global Avian Influenza Network for Surveil- of municipal solid waste for the presence of which was ordered to lie on the table; lance (GAINS) and other programs’’ after chemical, nuclear, biological, and radio- as follows: ‘‘global disease and surveillance’’. logical weapons, as those methodologies and

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.050 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3811 technologies used by the Bureau to screen On page 167, beginning on line 7 strike ‘‘, (2) On April 10, 2006, the Department of De- for those materials in other items of com- notwithstanding’’ and all that follows fense notified Congress that the United merce entering the United States through through ‘‘(42 U.S.C. 5174)’’ on line 9. States would not meet the deadline under commercial motor vehicle transport. the Chemical Weapons Convention for de- (d) IMPACT ON COMMERCIAL MOTOR VEHI- SA 3747. Mr. REED submitted an struction of United States chemical weapons CLES.—The Secretary shall deny entry into amendment intended to be proposed by stockpiles. the United States for any commercial motor him to the bill H.R. 4939, making emer- (3) Destroying existing chemical weapons vehicle carrying municipal solid waste until gency supplemental appropriations for is a homeland security imperative, an arms the Secretary certifies to Congress that the the fiscal year ending September 30, control priority, and required by United methodologies and technologies used by the States law. Bureau to screen for and detect the presence 2006, and for other purposes; which was (4) The elimination and nonproliferation of of chemical, nuclear, biological, and radio- ordered to lie on the table; as follows: chemical weapons of mass destruction is of logical weapons in municipal solid waste are On page 253, between lines 19 and 20, insert utmost importance to the national security as effective as the methodologies and tech- the following: of the United States. nologies used by the Bureau to screen for SEC. 7032. EMERGENCY ASSISTANCE FOR UNAN- (b) It is the sense of the Senate that— those materials in other items of commerce TICIPATED INCREASES IN UTILITY (1) the United States is committed to mak- entering the United States through commer- RATES. ing every effort to safely dispose of its chem- cial motor vehicle transport if— (a) PUBLIC HOUSING AGENCIES.— ical weapons stockpiles by the Chemical (1) the Commissioner fails to submit the (1) IN GENERAL.—To address unanticipated Weapons Convention deadline of April 29, report under subsection (c); increases in utility rates, there are appro- 2012, or as soon thereafter as possible, and (2) the report under subsection (c) fails to priated $250,000,000, to public housing agen- will carry out all of its other obligations identify methodologies and technologies cies for the operation and management of under the Convention; and that could be feasibly and reasonably imple- public housing, as authorized under section (2) the Secretary of Defense should prepare mented by the Bureau to achieve the level of 9(e) of the United States Housing Act of 1937 a comprehensive schedule for safely destroy- effectiveness in the screening of municipal (42 U.S.C. 1437g(e)). ing the United States chemical weapons solid waste described in subsection (c); or (2) DISTRIBUTION OF FUNDS.—The Secretary stockpiles to prevent further delays in the (3)(A) the report under subsection (c) suffi- of Housing and Urban Development shall re- destruction of such stockpiles, and the ciently identifies methodologies and tech- imburse a public housing agency for utility schedule should be submitted annually to nologies that could be feasibly and reason- cost increases from funds made available the congressional defense committees sepa- ably implemented by the Bureau to achieve under paragraph (1), upon submission of rately or as part of another required report. the level of effectiveness in the screening of proof by the agency to the Secretary of such municipal solid waste described in that sub- increases. SA 3749. Ms. CANTWELL (for herself, section; but (b) SECTION 8 TENANT-BASED RENTAL AS- Mr. BIDEN, and Mr. LEAHY) submitted (B) the Commissioner fails to fully imple- SISTANCE.— an amendment intended to be proposed ment the actions identified in the report be- (1) IN GENERAL.—To address unanticipated by her to the bill H.R. 4939, making fore date that is 90 days after the date on increases in utility rates, there are appro- emergency supplemental appropria- which the report is submitted. priated $243,000,000, to be available to resi- dents receiving tenant-based rental assist- tions for the fiscal year ending Sep- SA 3744. Mr. LEVIN (for himself and ance under section 8 of the United States tember 30, 2006, and for other purposes; Ms. STABENOW) submitted an amend- Housing Act of 1937 (42 U.S.C. 1437f). which was ordered to lie on the table; ment intended to be proposed by him (2) DISTRIBUTION OF FUNDS.—Public housing as follows: to the bill H.R. 4939, making emer- agencies administering tenant-based rental On page 117, between lines 9 and 10, insert gency supplemental appropriations for assistance under section 8 shall be entitled the following: the fiscal year ending September 30, to additional funds made available under REPORTS ON WITHDRAWAL OR DIVERSION OF paragraph (1) to provide for utility allowance 2006, and for other purposes; which was EQUIPMENT FROM RESERVE UNITS FOR SUP- increases for section 8 participants upon sub- ordered to lie on the table; as follows: PORT OF RESERVE UNITS BEING MOBILIZED mission of proof to the Secretary of such AND OTHER UNITS On page 159, line 19, insert after ‘‘ex- utility allowance cost increases. SEC. 1312. (a) FINDINGS.—Congress makes pended’’ the following: ‘‘, of which $400,000 (3) PAYMENT STANDARD.—The payment the following findings: shall be made available for emergency re- standard limitation under section 8(o)(1) of (1) The National Guard continues to pro- pairs of the Federal project at Petoskey Har- the United States Housing Act of 1937 (42 vide invaluable resources to meet national bor, Michigan, in order to repair damages U.S.C. 1437f(o)(1)) may be exceeded without security, homeland defense, and civil emer- due to storms that occurred during the fall prior approval by the Secretary in instances gency mission requirements. of 2005 and the winter of 2006, which breached where an increase in the utility allowance of (2) Current military operations, the breakwater, endangering local marine fa- a resident under paragraph (1) causes the as- transnational threats, and domestic emer- cilities and reducing the effectiveness of the sistance needs of that resident to rise above gencies will increase the use of the National only safe harbor between Charlevoix, Michi- such limit. Guard for both military support to civilian gan, and Mackinaw City, Michigan’’. (c) EMERGENCY DESIGNATION.—The authorities and to execute the military amounts appropriated under subsections (a) strategy of the United States. SA 3745. Mr. LEVIN submitted an and (b) are designated as an emergency re- (3) To meet the demand for certain types of amendment intended to be proposed by quirement under section 402 of H. Con. Res. equipment for continuing United States him to the bill H.R. 4939, making emer- 95 (109th Congress). gency supplemental appropriations for military operations, the Army has required SA 3748. Mr. SALAZAR (for himself, Army National Guard Units to leave behind the fiscal year ending September 30, many items for use by follow-on forces. Mr. ALLARD, Mr. MCCONNELL, Mr. 2006, and for other purposes; which was (4) The Governors of every State and 2 Ter- ordered to lie on the table; as follows: WYDEN, and Mr. BAYH) submitted an ritories expressed concern in February 2006 At the appropriate place, insert the fol- amendment intended to be proposed by that units returning from deployment over- lowing: him to the bill H.R. 4939, making emer- seas without adequate equipment would have SUBSTANCE ABUSE AND MENTAL HEALTH gency supplemental appropriations for trouble carrying out their homeland security SERVICES ADMINISTRATION the fiscal year ending September 30, and domestic disaster duties. For an additional amount for the Sub- 2006, and for other purposes; which was (5) The Department of Defense estimates stance Abuse and Mental Health Services ordered to lie on the table; as follows: that it has directed the Army National Administration, $350,000 to expand the Guard to leave overseas more than 75,000 On page 253, between lines 19 and 20, insert items valued at approximately $1,760,000,000 Wayne County, Michigan drug court program the following: to include the use of partial agonist therapy to support Operation Enduring Freedom and SENSE OF THE SENATE ON DESTRUCTION OF and opiate antagonist therapy in providing Operation Iraqi Freedom. CHEMICAL WEAPONS addiction treatment. (6) Department of Defense Directive 1225.6 SEC. 7032. (a) The Senate makes the fol- requires a replacement and tracking plan be SA 3746. Mr. LIEBERMAN submitted lowing findings: developed within 90 days for equipment of an amendment intended to be proposed (1) The Convention on the Prohibition of the reserve components of the Armed Forces by him to the bill H.R. 4939, making the Development, Production, Stockpiling that is transferred to the active components emergency supplemental appropria- and Use of Chemical Weapons and on Their of the Armed Forces. Destruction, done at Paris on January 13, (7) In October 2005, the Government Ac- tions for the fiscal year ending Sep- 1993 (commonly referred to as the ‘‘Chemical countability Office found that the Depart- tember 30, 2006, and for other purposes; Weapons Convention’’), requires all United ment of Defense can only account for about which was ordered to lie on the table; States chemical weapons stockpiles be de- 45 percent of such equipment and has not de- as follows: stroyed by April 29, 2012. veloped a plan to replace such equipment.

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.048 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3812 CONGRESSIONAL RECORD — SENATE May 1, 2006 (8) The Government Accountability Office dress wetland losses attributable to the Out- flood control project authorized by section also found that without a completed and im- let, channel bank erosion, hurricane and 101(11) of the Water Resources Development plemented plan to replace all National Guard storm protection, saltwater intrusion, navi- Act of 1992 (Public Law 102–580; 106 Stat. equipment left overseas, Army National gation, ecosystem restoration, and related 4802): Provided further, That the amount pro- Guard units will likely face growing equip- issues: Provided further, That the plan shall vided under this heading is designated as an ment shortages and challenges in regaining include recommended authorization modi- emergency requirement pursuant to section readiness for future missions. fications to the Outlet regarding what, if 402 of H. Con. Res. 95 (109th Congress), the (b) REPORTS ON WITHDRAWAL OR DIVERSION any, navigation should continue, measures concurrent resolution on the budget for fis- OF EQUIPMENT FROM RESERVE UNITS FOR SUP- to provide hurricane and storm protection, cal year 2006. PORT OF RESERVE UNITS BEING MOBILIZED prevent saltwater intrusion, and re-establish AND OTHER UNITS.— the storm buffering properties and ecological SA 3752. Ms. LANDRIEU submitted (1) IN GENERAL.—Chapter 1007 of title 10, integrity of the wetland damaged by con- an amendment intended to be proposed United States Code, is amended by inserting struction and operation of the Outlet, and by her to the bill H.R. 4939, making after section 10208 the following new section: complement restoration of coastal Lou- emergency supplemental appropria- ‘‘§ 10208a. Mobilization: reports on with- isiana: Provided further, That the Secretary tions for the fiscal year ending Sep- shall develop the plan in consultation with drawal or diversion of equipment from Re- tember 30, 2006, and for other purposes; serve units for support of Reserve units the Parish of St. Bernard, Louisiana, the being mobilized and other units State of Louisiana, the Secretary of the In- which was ordered to lie on the table; as follows: ‘‘(a) REPORT REQUIRED ON WITHDRAWAL OR terior, the Secretary of Commerce, the Ad- DIVERSION OF EQUIPMENT.—Not later than 90 ministrator of the Environmental Protection On page 178, after line 21, add the fol- days after withdrawing or diverting equip- Agency, and the National Academy of lowing: ment from a unit of the Reserve to a unit of Sciences: Provided further, That the Sec- ECONOMIC DEVELOPMENT ADMINISTRATION the Reserve being ordered to active duty retary shall seek input, review, and com- ment from the public and the scientific com- For an additional amount for the mitiga- under section 12301, 12302, or 12304 of this tion of increased costs resulting from the title, or to a unit or units of a regular com- munity on the plan: Provided further, That the Secretary shall ensure that an inde- loss of deep draft navigation access to cer- ponent of the armed forces, for purposes of tain facilities at the Port of New Orleans in the discharge of the mission of such unit or pendent panel of experts established by the National Academy of Sciences reviews and the aftermath of Hurricane Katrina, units, the Secretary concerned shall submit $8,500,000, to remain available until Sep- to the Secretary of Defense a report on the provides written comments on the proposed plan: Provided further, That, not later than 1 tember 30, 2007, to be provided by the Sec- withdrawal or diversion of equipment. retary of Commerce, acting through the As- ‘‘(b) ELEMENTS.—Each report under sub- year after the date of enactment of this Act, the Secretary shall submit an interim report sistant Secretary for Economic Develop- section (a) on equipment withdrawn or di- ment, to the Port of New Orleans in the form verted shall include the following: to Congress comprising the plan, the written comments of the independent panel of ex- of a grant: Provided, That the Secretary shall ‘‘(1) A plan to replace such equipment administer the grant under this section in within the unit from which withdrawn or di- perts, and the written explanation of the Secretary for any recommendation of the accordance with section 209 of the Public verted. Works and Economic Development Act of ‘‘(2) If such equipment is to remain in a independent panel of experts not adopted in the plan: Provided further, That the Sec- 1965 (42 U.S.C. 3149): Provided further, That theater of operations while the unit from the amount provided under this heading is which withdrawn or diverted returns to the retary shall refine the plan, if necessary, to be fully consistent, integrated, and included designated as an emergency requirement United States, a plan to provide such unit pursuant to section 402 of H. Con. Res. 95 with replacement equipment appropriate to in the final technical report to be issued in December 2007 pursuant to the matter under (109th Congress), the concurrent resolution ensure the continuation of the readiness on the budget for fiscal year 2006. training of such unit. the heading ‘‘INVESTIGATIONS’’ under the ‘‘(3) A signed memorandum of under- heading ‘‘CORPS OF ENGINEERS—CIVIL’’ of title I of the Energy and Water Development SA 3753. Ms. LANDRIEU submitted standing between the active or reserve com- an amendment intended to be proposed ponent to which withdrawn or diverted and Appropriations Act, 2006 (Public Law 109–103, the reserve component from which with- 119 Stat. 2247; Public Law 109–148, 119 Stat. by her to the bill H.R. 4939, making drawn or diverted that specifies— 2814): Provided further, That the amount pro- emergency supplemental appropria- ‘‘(A) how such equipment will be tracked vided under this heading is designated as an tions for the fiscal year ending Sep- by the unit or units to which withdrawn or emergency requirement pursuant to section tember 30, 2006, and for other purposes; diverted; and 402 of H. Con. Res. 05 (109th Congress), the which was ordered to lie on the table; ‘‘(B) when such equipment will be returned concurrent resolution on the budget for fis- as follows: to the unit from which withdrawn or di- cal year 2006: Provided further, That, of the On page 198, line 18, strike ‘‘Provided fur- verted.’’. amount made available under this heading, ther, That’’ and all that follows through ‘‘as- (2) CLERICAL AMENDMENT.—The table of $3,750,000 shall be available only to the ex- sistance:’’ on page 199, line 1, and insert the sections at the beginning of chapter 1007 of tent that an official budget request for a spe- following: ‘‘Provided further, That no less such title is amended by inserting after the cific dollar amount, that includes designa- than $100,000,000 shall be made available as item relating to section 10208 the following tion of the entire amount of the request as project-based assistance used to support the new item: an emergency requirement, is transmitted by the President to Congress. reconstruction, rebuilding, and repair of as- ‘‘10208a. Mobilization: reports on withdrawal sisted housing that suffered the con- or diversion of equipment from Ms. LANDRIEU submitted sequences of Hurricane Katrina and other Reserve units for support of Re- SA 3751. an amendment intended to be proposed hurricanes of the 2005 season or new struc- serve units being mobilized and tures supported under the low income tax other units.’’. by her to the bill H.R. 4939, making emergency supplemental appropria- credit program: Provided further, That pre- viously assisted HUD project-based housing SA 3750. Ms. LANDRIEU submitted tions for the fiscal year ending Sep- and residents of such housing shall be ac- an amendment intended to be proposed tember 30, 2006, and for other purposes; corded a preference in the use of such by her to the bill H.R. 4939, making which was ordered to lie on the table; project-based assistance, except that such emergency supplemental appropria- as follows: funds shall be made available for 4,500 tions for the fiscal year ending Sep- At the appropriate place under the heading project-based vouchers for supportive hous- tember 30, 2006, and for other purposes; ‘‘FLOOD CONTROL AND COASTAL EMERGENCIES’’, ing units for persons with disabilities, as which was ordered to lie on the table; insert the following: that term is defined in section 422(2) of the McKinney-Vento Homeless Assistance Act as follows: CLOSURES AND REPAIRS OF LEVEES, LOUISIANA (42 U.S.C. 11382(2)), elderly families, or pre- For an additional amount for flood control On page 159, strike lines 1 through 10 and viously homeless individuals and families: and coastal emergencies for the State of insert the following: Provided further, That the limitation con- $7,250,000, to remain available until ex- Louisiana, $473,000,000, to remain available tained in section 8(o)(13)(B) of the United pended: Provided, That the Secretary of the until expended for use for closures and pump States Housing Act of 1937 (42 U.S.C. Army, acting through the Chief of Engineers, stations for interior drainage canals, navi- 1437f(o)(13)(B)) shall not apply to such shall use $3,500,000 to develop a comprehen- gable closures on the Industrial Canal and funds:’’ sive plan, at full Federal expense, that, at a Gulf Intracoastal Waterway, repairs for non- minimum, will deauthorize deep draft navi- Federal levees in Terrebonne Parish, incor- Mr. DURBIN (for himself gation on the Mississippi River Gulf Outlet poration of the West Bank and East Bank SA 3754. established by Public Law 84–455 (70 Stat. 65, non-Federal levees in Plaquemines Parish, and Ms. STABENOW) submitted an chapter 112) (referred to in this matter as the and additional levee armoring: Provided, amendment intended to be proposed by ‘‘Outlet)’’, extending from the Gulf of Mexico That not less than $4,000,000 of that amount him to the bill H.R. 4939, making emer- to the Gulf Intracoastal Waterway, and ad- shall be used for the Comite River Diversion gency supplemental appropriations for

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.049 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3813 the fiscal year ending September 30, (2) AVAILABILITY.—Of the amounts appro- (2) USE.—Of the amount appropriated for 2006, and for other purposes; which was priated by this chapter under the heading ‘‘COMMODITY FUTURES TRADING COMMISSION’’, ordered to lie on the table; as follows: ‘‘MILITARY PERSONNEL’’, as increased by as increased by paragraph (1), $10,000,000 paragraph (1), $27,000,000 shall be available in shall be available for activities— At the appropriate place, insert the fol- fiscal year 2006 for the payment of income re- (A) to enhance investigation of energy de- lowing: placement payments for Reserves experi- rivatives markets; SEC. ll. ADDITIONAL AMOUNTS FOR FIRE- encing extended and frequent mobilization (B) to ensure that speculation in those FIGHTER ASSISTANCE GRANTS TO for active duty service under section 910 of markets is appropriate and reasonable; and ADDRESS THE 9/11 COMMISSION’S FINDINGS. title 37, United States Code, as a result of (C) for data systems and reporting pro- For an additional amount for ‘‘Firefighter the amendment made by subsection (a). grams that can uncover real-time market manipulation activities. Assistance Grants’’ under ‘‘Preparedness and Mr. BAYH submitted an Recovery’’ for the Department of Homeland SA 3757. (c) SECURITIES AND EXCHANGE COMMIS- Security, $100,000,000 for Firefighter Assist- amendment intended to be proposed by SION.— ance Grants in high-risk areas for commu- him to the bill H.R. 4939, making emer- (1) ADDITIONAL AMOUNT.—For an additional nications connectivity compliant with the gency supplemental appropriations for amount for ‘‘SECURITIES AND EXCHANGE COM- interoperable communication plan of the rel- the fiscal year ending September 30, MISSION SALARIES AND EXPENSES ’’ under the evant city or State. 2006, and for other purposes; which was heading ‘‘RELATED AGENCIES’’ of title V ordered to lie on the table; as follows: of the Science, State, Justice, Commerce, SA 3755. Mr. DODD submitted an and Related Agencies Appropriations Act, On page 117, between lines 9 and 10, insert 2006 (Public Law 109–108), $5,000,000. amendment intended to be proposed by the following: him to the bill H.R. 4939, making emer- (2) USE.—Of the amount appropriated for NEXT GENERATION PROTECTIVE GEAR FOR ‘‘SECURITIES AND EXCHANGE COMMISSION SAL- gency supplemental appropriations for SMALL-ARMS AND BIOTERRORISM THREATS TO ARIES AND EXPENSES’’, as increased by para- the fiscal year ending September 30, TROOPS graph (1), $5,000,000 shall be available for re- 2006, and for other purposes; which was SEC. 1312. (a) ADDITIONAL AMOUNT FOR RE- view and analysis of major integrated oil and ordered to lie on the table; as follows: SEARCH, DEVELOPMENT, TEST, AND EVALUA- gas company reports and filings for compli- On page 240, between lines 2 and 3, insert TION, DEFENSE-WIDE.—The amount appro- ance with disclosure, corporate governance, the following: priated by this chapter under the heading and related requirements. ‘‘RESEARCH, DEVELOPMENT, TEST, AND EVAL- TITLE VII (d) ENERGY INFORMATION ADMINISTRA- UATION, DEFENSE-WIDE’’ is hereby increased TION.— ELECTION REFORM by $10,000,000, with the entire amount of the (1) ADDITIONAL AMOUNT.—For an additional ELECTION ASSISTANCE COMMISSION increase designated as an emergency require- amount for ‘‘ENERGY INFORMATION ADMINIS- ELECTION REFORM PROGRAMS ment pursuant to section 402 of H. Con. Res. TRATION’’ under the heading ‘‘DEPARTMENT For necessary expenses to carry out a pro- 95 (109th Congress), the concurrent resolu- OF ENERGY’’ of title III of the Energy and tion on the budget for fiscal year 2006. gram of requirements payments to States as Water Development Appropriations Act, 2006 (b) AVAILABILITY OF AMOUNT.—Of the (Public Law 109–103), $10,000,000. authorized by section 257 of the Help Amer- amount appropriated by this chapter under ica Vote Act of 2002, $724,000,000, to remain (2) USE.—Of the amount appropriated for the heading ‘‘RESEARCH, DEVELOPMENT, available until expended: Provided further, ‘‘ENERGY INFORMATION ADMINISTRATION’’, as TEST, AND EVALUATION, DEFENSE-WIDE’’, as increased by paragraph (1), $10,000,000 shall That the amount provided under this head- increased by subsection (a), $10,000,000 shall be available for activities to ensure real- ing is designated as an emergency require- be available for grants to research institu- time and accurate gasoline and energy price ment pursuant to section 402 of H. Con. Res. tions of higher education for research and and supply data collection. 95 (109th Congress), the concurrent resolu- development on next generation protective (e) ENERGY SUPPLY AND CONSERVATION.— tion on the budget for fiscal year 2006. gear for small-arms threats and bioterrorism (1) ADDITIONAL AMOUNT.—For an additional DEPARTMENT OF HEALTH AND HUMAN threats to troops. SERVICES amount for ‘‘ENERGY SUPPLY AND CONSERVA- TION’’ under the heading ‘‘DEPARTMENT OF DISABLED VOTER SERVICES SA 3758. Mr. SCHUMER (for himself ENERGY’’ of title III of the Energy and and Mr. REID) submitted an amend- For necessary expenses to carry out pro- Water Development Appropriations Act, 2006 grams as authorized by the Help America ment intended to be proposed by him (Public Law 109–103), $315,000,000. Vote Act of 2002, $74,000,000, to remain avail- to the bill H.R. 4939, making emer- (2) USE.—Of the amount appropriated for able until expended: Provided further, That gency supplemental appropriations for ‘‘ENERGY SUPPLY AND CONSERVATION’’, as in- the amount provided under this heading is the fiscal year ending September 30, creased by paragraph (1), $315,000,000 shall be designated as an emergency requirement 2006, and for other purposes; which was available to provide grants to State energy pursuant to section 402 of H. Con. Res. 95 ordered to lie on the table; as follows: offices for— (109th Congress), the concurrent resolution (A) the development and deployment of on the budget for fiscal year 2006. At the appropriate place, insert the fol- lowing: real-time information systems for energy price and supply data collection and publica- SA 3756. Mr. BAYH submitted an SEC. ll. MEASURES TO ADDRESS PRICE GOUGING AND MARKET MANIPULA- tion; amendment intended to be proposed by TION. (B) programs and systems to help discover him to the bill H.R. 4939, making emer- (a) FEDERAL TRADE COMMISSION.— energy price gouging and market manipula- gency supplemental appropriations for (1) ADDITIONAL AMOUNT.—For an additional tion; the fiscal year ending September 30, amount for ‘‘FEDERAL TRADE COMMISSION (C) critical energy infrastructure protec- 2006, and for other purposes; which was SALARIES AND EXPENSES’’ under the heading tion; ordered to lie on the table; as follows: ‘‘RELATED AGENCIES’’ of title V of the (D) clean distributed energy projects that Science, State, Justice, Commerce, and Re- promote energy security; and On page 117, between lines 9 and 10, insert lated Agencies Appropriations Act, 2006 (E) programs to encourage the adoption the following: (Public Law 109–108), $10,000,000. and implementation of energy conservation INCOME REPLACEMENT PAYMENTS FOR RE- (2) USE.—Of the amount appropriated for and efficiency technologies and standards. SERVES EXPERIENCING EXTENDED AND FRE- ‘‘FEDERAL TRADE COMMISSION SALARIES AND (f) GOVERNMENT ACCOUNTABILITY OFFICE.— QUENT MOBILIZATION FOR ACTIVE DUTY SERV- EXPENSES’’, as increased by paragraph (1), (1) ADDITIONAL AMOUNT.—For an additional ICE $10,000,000 shall be available to investigate amount for ‘‘SALARIES AND EXPENSES’’ under SEC. 1312. (a) MODIFICATION OF ELIGI- and enforce price gouging complaints and the heading ‘‘GOVERNMENT ACCOUNT- BILITY.—Section 910(b)(1) of title 37, United other market manipulation activities by ABILITY OFFICE’’ of title I of the Legisla- States Code, is amended by striking ‘‘18 con- companies engaged in the wholesale and re- tive Branch Appropriations Act, 2006 (Public tinuous months of service’’ and inserting tail sales of gasoline and petroleum dis- Law 109–55), $50,000. ‘‘six continuous months of service’’. tillates. (2) USE.—Of the amount appropriated for (b) FUNDING.— (b) COMMODITY FUTURES TRADING COMMIS- ‘‘SALARIES AND EXPENSES’’, as increased by (1) ADDITIONAL AMOUNT FOR MILITARY PER- SION.— paragraph (1), $50,000 shall be available to SONNEL.—The aggregate amount appro- (1) ADDITIONAL AMOUNT.—For an additional the Government Accountability for the prep- priated by this chapter under the heading amount for ‘‘COMMODITY FUTURES TRADING aration of a report, to be submitted to the ‘‘MILITARY PERSONNEL’’ is hereby in- COMMISSION’’ under the heading ‘‘RELATED appropriate committees of Congress not creased by $27,000,000, with the entire AGENCIES AND FOOD AND DRUG ADMIN- later than 90 days after the date of enact- amount of the increase designated as an ISTRATION’’ of title VI of the Agriculture, ment of this Act, that includes— emergency requirement pursuant to section Rural Development, Food and Drug Adminis- (A) a review of the mergers between Exxon 402 of H. Con. Res. 95 (109th Congress), the tration, and Related Agencies Appropria- and Mobil, Chevron and Texaco, and Conoco concurrent resolution on the budget for fis- tions Act, 2006 (Public Law 109–97), and Phillips, and other mergers of signifi- cal year 2006. $10,000,000. cant or comparable scale in the oil industry

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.049 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3814 CONGRESSIONAL RECORD — SENATE May 1, 2006 that have occurred since 1990, including an type of assistance provided to the security cost of, and otherwise providing a full ac- assessment of the impact of the mergers on— forces of Afghanistan during the previous fis- counting on, any clandestine prison or deten- (i) market concentration; cal quarter:’’. tion facility currently or formerly operated (ii) the ability of the companies to exercise On page 101, line 8, insert after the colon by the United States Government, regardless market power; the following: ‘‘Provided further, That the of location, where detainees in the global (iii) wholesale prices of petroleum prod- Secretary shall submit, at the same time as war on terrorism are or were being held. ucts; and the report required by the previous proviso, (2) ELEMENTS.—The report required by (iv) the retail prices of petroleum products; a report to the Committees on Appropria- paragraph (1) shall set forth, for each prison (B) an assessment of the impact that viti- tions, Armed Services, and Foreign Rela- or facility, if any, covered by such report, ating the mergers reviewed under subpara- tions of the Senate and the Committees on the following: graph (A) would have on each of the matters Appropriations, Armed Services, and Inter- (A) The location and size of such prison or described in clauses (i) through (iv) of sub- national Relations of the House of Rep- facility. paragraph (A); resentatives summarizing the quantity and (B) If such prison or facility is no longer (C) an assessment of the impact of prohib- type of assistance provided to the security being operated by the United States Govern- iting any 1 company from simultaneously forces of Iraq during the previous fiscal quar- ment, the disposition of such prison or facil- owning assets in each of the oil industry sec- ter:’’. ity. tors of exploration, refining and distribution, (C) The number of detainees currently held and retail on each of the matters described SA 3761. Mr. BAUCUS submitted an or formerly held, as the case may be, at such in clauses (i) through (iv) of subparagraph amendment intended to be proposed by prison or facility. (A); him to the bill H.R. 4939, making emer- (D) Any plans for the ultimate disposition (D) an assessment of— of any detainees currently held at such pris- (i) the effectiveness of divestitures ordered gency supplemental appropriations for on or facility. by the Federal Trade Commission in pre- the fiscal year ending September 30, (E) A description of the interrogation pro- venting market concentration as a result of 2006, and for other purposes; which was cedures used or formerly used on detainees oil industry mergers approved since 1995; and ordered to lie on the table; as follows: at such prison or facility and a determina- (ii) the effectiveness of the Federal Trade On page 253, between lines 19 and 20, insert tion, in coordination with other appropriate Commission in identifying and preventing— the following: officials, on whether such procedures are or (I) market manipulation; were in compliance with United States obli- CONTRACT AUTHORITY (II) commodity withholding; gations under the Geneva Conventions and (III) collusion; and SEC. 70ll. (a) Section 1940 of the Safe, Ac- the Convention Against Torture. (IV) other forms of market power abuse in countable, Flexible, Efficient Transportation (3) FORM OF REPORT.—The report required the oil industry; and Equity Act: A Legacy for Users (Public Law by paragraph (1) shall be submitted in classi- (E) an assessment of— 109–59; 119 Stat. 1511) is amended— fied form. (i) whether any of the 5 largest oil compa- (1) in subsection (a)— nies in the United States have taken any ac- (A) by striking paragraph (1); (B) by redesignating paragraphs (2) SA 3763. Mr. KERRY submitted an tions to exert influence on independent or amendment intended to be proposed by franchise retail gasoline stations to discour- through (5) as paragraphs (1) through (4), re- age or prohibit the installation of storage spectively; and him to the bill H.R. 4939, making emer- tanks and pumps capable of storing and dis- (C) by striking ‘‘$10,000,000’’ each place gency supplemental appropriations for pensing E85 gasoline; and that it appears and inserting ‘‘$12,500,000’’; the fiscal year ending September 30, (ii) whether the actions described in clause and 2006, and for other purposes; which was (i) would be considered anticompetitive. (2) by adding at the end the following: ordered to lie on the table; as follows: (g) EMERGENCY DESIGNATION.—The ‘‘(c) CONTRACT AUTHORITY.—Except as oth- On page 126, between lines 12 and 13, insert amounts provided under this section are des- erwise provided in this section, funds author- the following: ignated as an emergency requirement pursu- ized to be appropriated under this section ant to section 402 of H. Con. Res. 95 (109th shall be available for obligation in the same REPORT ON ALLEGED CLANDESTINE DETENTION Congress), the concurrent resolution on the manner as if the funds were apportioned FACILITIES FOR INDIVIDUALS CAPTURED IN budget for fiscal year 2006. under chapter 1 of title 23, United States THE GLOBAL WAR ON TERRORISM Code.’’. SEC. 1406. (a) IN GENERAL.—The President SA 3759. Mr. LEVIN (for himself, Ms. (b) Of the unobligated balances of funds ap- shall ensure that the United States Govern- STABENOW, Mr. DEWINE, and Mr. portioned to each State under chapter 1 of ment continues to comply with the author- title 23, United States Code, $50,000,000 is re- VOINOVICH) submitted an amendment ization, reporting, and notification require- scinded. intended to be proposed by him to the ments of title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.). bill H.R. 4939, making emergency sup- SA 3762. Mr. KERRY submitted an plemental appropriations for the fiscal (b) DIRECTOR OF NATIONAL INTELLIGENCE amendment intended to be proposed by REPORT.— year ending September 30, 2006, and for him to the bill H.R. 4939, making emer- other purposes; which was ordered to (1) REPORT REQUIRED.—Utilizing funds ap- gency supplemental appropriations for propriated by this Act and available for the lie on the table; as follows: the fiscal year ending September 30, intelligence and intelligence-related activi- On page 235, between lines 19 and 20, insert 2006, and for other purposes; which was ties of the United States Government in an the following: ordered to lie on the table; as follows: amount not to exceed $100,000, the Director SEC. 3065. EMERALD ASH BORER. of National Intelligence shall, not later than On page 126, between lines 12 and 13, insert The Secretary shall use $15,000,000 of funds 60 days after the date of the enactment of the following: of the Commodity Credit Corporation to this Act, provide to the members of the Se- carry out activities for the eradication of the REPORT ON ALLEGED CLANDESTINE DETENTION lect Committee on Intelligence of the Senate emerald ash borer in the States of Michigan, FACILITIES FOR INDIVIDUALS CAPTURED IN and the Permanent Select Committee on In- Ohio, and Indiana. THE GLOBAL WAR ON TERRORISM telligence of the House of Representatives a SEC. 1406. (a) IN GENERAL.—The President detailed report setting forth the nature and SA 3760. Mr. BIDEN (for himself, Mr. shall ensure that the United States Govern- cost of, and otherwise providing a full ac- LUGAR, and Mr. LEAHY) submitted an ment continues to comply with the author- counting on, any clandestine prison or deten- amendment intended to be proposed by ization, reporting, and notification require- tion facility currently or formerly operated him to the bill H.R. 4939, making emer- ments of title V of the National Security Act by the United States Government, regardless gency supplemental appropriations for of 1947 (50 U.S.C. 413 et seq.). of location, where detainees in the global (b) DIRECTOR OF NATIONAL INTELLIGENCE war on terrorism are or were being held. the fiscal year ending September 30, REPORT.— (2) ELEMENTS.—The report required by 2006, and for other purposes; which was (1) REPORT REQUIRED.—Utilizing funds ap- paragraph (1) shall set forth, for each prison ordered to lie on the table; as follows: propriated by this Act and available for the or facility, if any, covered by such report, On page 99, line 11, insert after the colon intelligence and intelligence-related activi- the following: the following: ‘‘Provided further, That the ties of the United States Government in an (A) The location and size of such prison or Secretary shall submit, at the same time as amount not to exceed $100,000, the Director facility. the report required by the previous proviso, of National Intelligence shall, not later than (B) If such prison or facility is no longer a report to the Committees on Appropria- 60 days after the date of the enactment of being operated by the United States Govern- tions, Armed Services, and Foreign Rela- this Act, provide to the members of the Se- ment, the disposition of such prison or facil- tions of the Senate and the Committees on lect Committee on Intelligence of the Senate ity. Appropriations, Armed Services, and Inter- and the Permanent Select Committee on In- (C) The number of detainees currently held national Relations of the House of Rep- telligence of the House of Representatives a or formerly held, as the case may be, at such resentatives summarizing the quantity and detailed report setting forth the nature and prison or facility.

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.052 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3815 (D) Any plans for the ultimate disposition (1) the President shall reach an agreement hurricanes of the 2005 season, $45,000,000, to of any detainees currently held at such pris- as soon as possible with such national unity remain available until expended: Provided, on or facility. government on a schedule for the withdrawal That the amount provided under this head- (E) A description of the interrogation pro- of United States combat troops from Iraq by ing is designated as an emergency require- cedures used or formerly used on detainees December 31, 2006, leaving only forces that ment pursuant to section 402 of H. Con. Res. at such prison or facility and a determina- are critical to completing the mission of 95 (109th Congress), the concurrent resolu- tion, in coordination with other appropriate standing up Iraqi security forces; and tion on the budget for fiscal year 2006: Pro- officials, on whether such procedures are or (2) the President shall consult with Con- vided further, That using $20,000,000 of the were in compliance with United States obli- gress regarding such schedule and shall funds provided herein, the Secretary of the gations under the Geneva Conventions and present such withdrawal agreement to Con- Army, acting through the Chief of Engineers, the Convention Against Torture. gress immediately upon the completion of is directed, at full Federal expense, to inven- (3) FORM OF REPORT.—The report required the agreement. tory all Federal and non-Federal flood and by paragraph (1) shall be submitted in classi- (c) The President should maintain an over- storm damage reduction projects; develop fied form. the-horizon troop presence to prosecute the and test a methodology to assess the struc- war on terror and protect regional security tural and operational integrity of such SA 3764. Mr. KERRY (for himself and interests. projects and the associated risks; and estab- Mr. BIDEN) submitted an amendment lish and maintain a database of such intended to be proposed by him to the SA 3767. Mr. KERRY submitted an projects, which shall include information on bill H.R. 4939, making emergency sup- amendment intended to be proposed by the structural and operational integrity of plemental appropriations for the fiscal him to the bill H.R. 4939, making emer- the projects and the parties responsible for year ending September 30, 2006, and for gency supplemental appropriations for operation and maintenance of the projects other purposes; which was ordered to the fiscal year ending September 30, included therein: Provided further, That $25,000,000 of the funds provided herein shall lie on the table; as follows: 2006, and for other purposes; which was be used for Louisiana Coastal Area Restora- On page 88, line 7, insert ‘‘That from that ordered to lie on the table; as follows: tion studies. amount, funds shall be made available for a At the appropriate place, insert the fol- For an additional amount for ‘‘Investiga- summit, to be convened by the President not lowing: tions’’ for flood hazard analyses and tech- later than 30 days after the date of the for- WITHDRAWAL OF TROOPS FROM IRAQ nical studies related to the consequences of mation of the new Government of Iraq, that Hurricane Katrina and other disasters, SEC. ll. (a) The President shall withdraw includes leaders of such Government, leaders $2,500,000 to remain available until expended: the United States Armed Forces from Iraq at of the governments of each country bor- Provided, That the amount provided under the earliest practicable date if a national dering Iraq, representatives of the Arab this heading is designated as an emergency unity government is not formed in Iraq by League, the Secretary General of the North requirement pursuant to section 402 of H. May 22, 2006. Atlantic Treaty Organisation, representa- Con. Res. 95 (109th Congress), the concurrent (b) If a national unity government is tives of the European Union, and leaders of resolution on the budget for fiscal year 2006: formed in Iraq by May 22, 2006— the governments of each permanent member Provided further, That the Secretary of the (1) the President shall reach an agreement of the United Nations Security Council for Army acting through the Chief of Engineers as soon as possible with such national unity the purpose of reaching a comprehensive po- is directed to use funds appropriated herein government on a schedule for the withdrawal litical agreement for Iraq that addresses se- for disaster and other emergency needs, of of United States combat troops from Iraq by curity guarantees, federalism, oil revenues, which up to $1,000,000 is for Flood Plain Man- December 31, 2006, leaving only forces that militias, reconstruction efforts, and border agement Services for flood Hazard and hy- are critical to completing the mission of security: Provided further,’’ after ‘‘Provided’’. drologic investigations in flood prone areas standing up Iraqi security forces; and of Hawaii; up to $1,250,000 is for the Delta Is- Mr. KERRY submitted an (2) the President shall consult with Con- SA 3765. lands and Levee study in California; and gress regarding such schedule and shall amendment intended to be proposed by $250,000 is for completion of the CALFED 180- present such withdrawal agreement to Con- him to the bill H.R. 4939, making emer- day levee study: Provided further, That the gress immediately upon the completion of gency supplemental appropriations for amount shall be available for the studies the agreement. the fiscal year ending September 30, (c) The President should maintain an over- identified above and only to the extent that 2006, and for other purposes; which was the-horizon troop presence to prosecute the an official budget request for a specific dol- ordered to lie on the table; as follows: war on terror and protect regional security lar amount, that includes designation of the On page 88, line 7, insert ‘‘That from that interests. entire amount of the request as an emer- amount, funds shall be made available for a gency requirement, is transmitted by the summit, to be convened by the President not SA 3768. Mr. KENNEDY (for himself President to the Congress. later than 30 days after the date of the for- and Ms. MIKULSKI) submitted an CONSTRUCTION mation of the new Government of Iraq, that amendment intended to be proposed by For an additional amount for ‘‘Construc- includes leaders of such Government, leaders him to the bill H.R. 4939, making emer- tion’’ for necessary expenses related to the of the governments of each country bor- consequences of Hurricane Katrina and other dering Iraq, representatives of the Arab gency supplemental appropriations for hurricanes of the 2005 season, $595,300,000, to League, the Secretary General of the North the fiscal year ending September 30, remain available until expended, of which up Atlantic Treaty Organisation, representa- 2006, and for other purposes; which was to $100,000,000 may be used to reduce the risk tives of the European Union, and leaders of ordered to lie on the table; as follows: of storm damage to the greater New Orleans the governments of each permanent member At the end of title VII, insert the fol- metropolitan area, at full federal expense, by of the United Nations Security Council for lowing: restoring the surrounding wetlands through the purpose of reaching a comprehensive po- SEC. ll. In using funds appropriated measures to begin to reverse wetland losses litical agreement for Iraq that addresses se- under Public Law 109–149 for grants under in areas affected by navigation, oil and gas, curity guarantees, federalism, oil revenues, title V of the Older Americans Act of 1965 (42 and other channels and through modification militias, reconstruction efforts, and border U.S.C. 3056 et seq.) for fiscal year 2006, the of the Caernarvon Freshwater Diversion security: Provided further,’’ after ‘‘Provided’’. Secretary of Labor shall award the grants, structure or its operations; at least beginning in July 2006, on the basis of the $495,300,000 shall be used consistent with the SA 3766. Mr. KERRY submitted an Program Year 2005 Planning Instructions cost-sharing provisions under which the amendment intended to be proposed by and Allotments for All Applicants (and at- projects were originally constructed to raise him to the bill H.R. 4939, making emer- tachments to the instructions), as specified levee heights where necessary and otherwise gency supplemental appropriations for in the Training and Employment Guidance enhance the existing Lake pontchartrain and the fiscal year ending September 30, Letter No. 37–04, issued on June 30, 2005. Vicinity project and the existing West Bank 2006, and for other purposes; which was and Vicinity project to provide the levels of protection necessary to achieve the certifi- ordered to lie on the table; as follows: SA 3769 Mr. DOMENICI (for himself and Mr. REID) proposed an amendment cation required for participation in the Na- At the appropriate place, insert the fol- to the bill H.R. 4939, making emer- tional Flood Insurance Program under the lowing: base flood elevations current at the time of gency supplemental appropriations for WITHDRAWAL OF TROOPS FROM IRAQ this construction: Provided, That any the fiscal year ending September 30, SEC. ll. (a) The President shall withdraw project using funds appropriated herein shall the United States Armed Forces from Iraq at 2006, and for other purposes; as follows: be initiated only after non-Federal interests the earliest practicable date if a national On page 158, line 23, strike all through page have entered into binding agreements with unity government is not formed in Iraq by 162, Line 12, and insert the following: the Secretary of the Army to pay 100 percent May 22, 2006. For an additional amount for ‘‘Investiga- of the operation, maintenance, repair, re- (b) If a national unity government is tions’’ for necessary expenses related to the placement and rehabilitation costs of the formed in Iraq by May 22, 2006— consequences of Hurricane Katrina and other project and to hold and save the United

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.052 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3816 CONGRESSIONAL RECORD — SENATE May 1, 2006 States free from damages due to the con- install pumps and closure structures at or (5) that increased demand for fuel— struction or operation and maintenance of near the lakefront; $250,000,000 shall be used (A) will place the United States in ever- the project, except for damages due to the for storm-proofing interior pump stations to greater competition for oil and gas re- fault or negligence of the United States or ensure their operability during hurricanes, sources; and its contractors: Provided further, That Con- storms and high water events; $170,000,000 (B) may result in an extension of Chinese gress designates this amount as an emer- shall be used for armoring critical elements involvement in developing Cuban oil and gas gency requirement for these specific pur- of the New Orleans hurricane and storm reserves to within a few miles of the coast- poses: Provided further, That the amount damage reduction system; $350,000,000 shall line of the United States; provided under this heading is designated as be used to improve protection at the Inner (6) the United States adheres to the prin- an emergency requirement pursuant to sec- Harbor Navigation Canal; $215,000,000 shall be ciple that, in a case in which the exclusive tion 402 of H. Con. Res. 95 (109th Congress), used to replace or modify certain non-Fed- economic zone of the United States is contig- the concurrent resolution on the budget for eral levees in Plaquemines Parish to incor- uous to the exclusive economic zone of an- fiscal year 2006. porate them into the existing New Orleans to other country, a point equidistant to the For an additional amount for Construc- Venice hurricane protection project; and maritime baselines of the 2 countries demar- tion’’ for necessary expenses related to other $1,584,000,000 shall be used for reinforcing or cates the exclusive economic zone of each; disasters, $39,000,000, to remain available replacing floodwalls, where necessary, in the (7) an example of the application of the until expended: Provided, That the amount existing Lake Pontchartrain and Vicinity principle described in paragraph (6) is that provided under this heading is designated as project and the existing West Bank and Vi- the exclusive economic zone of Cuba extends an emergency requirement pursuant to sec- cinity project to improve the systems’ per- to within— tion 402 of H. Con. Res. 95 (109th Congress), formance: Provided further, That any project (A) 52 miles of the Florida Keys at— the concurrent resolution on the budget for using funds appropriated herein shall be ini- (i) south of 24 degrees north latitude; and fiscal year 2006: Provided further, That the tiated only after non-Federal interests have (ii) east of -81 degrees west longitude; and Secretary of the Army acting through the entered into binding agreements with the (B) 85.4 miles of the Florida peninsula at— Chief of Engineers is directed to use funds Secretary to pay 100 percent of the oper- (i) south of 24 degrees north latitude; and appropriated herein for disaster and other ation, maintenance, repair, replacement, and (ii) east of -81 degrees west longitude; emergency needs, of which up to $7,100,000 is rehabilitation costs of the project and to (8) Cubapetroleo, the state oil company of for South Sacramento Streams, California; hold and save the United States free from Cuba, recently— up to $23,300,000 is for the Sacramento River damages due to the construction or oper- (A) signed an oil production sharing agree- Bank Protection, California; up to $5,100,000 ation and maintenance of the project, except ment with the China Petroleum and Chem- is for American River (Common Features), for damages due to the fault or negligence of ical Corporation; and California; up to $1,500,000 is for North Padre the United States or its contractors: Pro- (B) purchased 3 deep-water drilling rigs Island, Texas; and up to $2,000,000 shall be vided further, That the amount provided from that Chinese state enterprise for use in provided at full Federal expense for the Ha- under this heading is designated as an emer- the exclusive economic zone of Cuba; waii water systems technical assistance pro- gency requirement pursuant to section 402 of (9) the exclusive economic zone of Cuba in gram: Provided further, That the amount H. Con. Res. 95 (109th Congress), the concur- the Gulf of Mexico is a 112,000-square-kilo- shall be available for the projects identified rent resolution on the budget for fiscal year meter area that has been divided into 59 ex- above and only to the extent that an official 2006. ploration blocks, each of which is approxi- budget request for a specific dollar amount, For an additional amount for ‘‘Flood Con- mately 2,000 square kilometers and an aver- that includes designation of the entire trol and Coastal Emergencies, ‘‘ as author- age depth of 2,000 meters (except that some ized by section 5 of the Flood Control Act of amount of the request as an emergency re- of those blocks have a depth of as great as August 18, 1941, as amended (33 U.S.C. 701n), quirement, is transmitted by the President 4,000 meters); for necessary expenses related to this and to the Congress. (10) the northernmost of the exploration other disasters, $17,500,000, to remain avail- OPERATIONS AND MAINTENANCE blocks described in paragraph (9) are located able until expended: Provided, That the off the southwest coast of the State of Flor- For an additional amount for ‘‘Operations amount provided under this heading is des- ida; and Maintenance’’ to dredge navigation ignated as an emergency requirement pursu- (11) a United States Geological Survey re- channels and repair other Corps projects re- ant to section 402 of H. Con. Res. 95 (109th port entitled ‘‘Assessment of Undiscovered lated to the consequences of Hurricane Congress), the concurrent resolution on the Oil and Gas Resources of the North Cuba Katrina and other hurricanes of the 2005 sea- budget for fiscal year 2006: Provided further, son, 3,200,000 to remain available until ex- That the Secretary of the Army acting Basin 2004’’ estimated that between pended: Provided, That the amount provided through the Chief of Engineers is directed to 1,000,000,000 and 9,300,000,000 barrels of undis- under this heading is designated as an emer- use funds appropriated herein for restoration covered oil and between 1,900,000,000,000 and gency requirement pursuant to section 402 of of funds for hurricane damaged projects in 22,000,000,000,000 cubic feet of undiscovered H. Con. Res. 95 (109th Congress), the concur- Pennsylvania: Provided further, That the natural gas along the northern coast of rent resolution on the budget for fiscal year amount shall be available for the projects Cuba; 2006: Provided further, That the Secretary of identified above and only to the extent that (12) the national security strategy of the the Army acting through the Chief of Engi- an official budget request for a specific dol- President recognizes the increasing resource neers is directed to use funds appropriated lar amount, that includes designation of the needs of China by stating that China is ‘‘ex- herein for dredging needs along the Texas entire amount of the request as an emer- panding trade, but acting as if they can gulf coast, of which up to $2,000,000 is for gency requirement, is transmitted by the somehow lock up energy supplies around the Freeport Harbor, Texas; and up to $1,200,000 President to the Congress. world or seek to direct markets rather than is for Texas City, Texas: Provided further, opening them up.’’; That the amount shall be available only for SA 3770. Mr. CRAIG submitted an (13) the United States embargo on Cuba the projects identified above and to the ex- amendment intended to be proposed by prohibits United States companies from en- tent that an official budget request for a spe- him to the bill H.R. 4939, making emer- gaging in the exploration or extraction of cific dollar amount, that includes designa- gency supplemental appropriations for hydrocarbon resources from the exclusive tion of the entire amount of the request as economic zone of Cuba; an emergency requirement, is transmitted the fiscal year ending September 30, (14) United States oil and gas industries by the President to the Congress. 2006, and for other purposes; which was are the world’s leaders in the efficient and FLOOD CONTROL AND COASTAL EMERGENCIES ordered to lie on the table; as follows: environmentally-safe extraction of oil and For an additional amount for ‘‘Flood Con- On page 253, between lines 19 and 20, insert gas resources from marine deposits; and trol and Coastal Emergencies,’’ as authorized the following: (15) it is in the energy, national security, by section 5 of the Flood Control Act of Au- ACTIVITIES AND EXPORTS INVOLVING and environmental interests of the United gust 18, 1941, as amended (33 U.S.C. 701n), for HYDROCARBON RESOURCES States that the oil and gas companies of the necessary expenses related to the con- SEC. 7lll. (a) Congress finds that— United States be permitted to operate in the sequences of Hurricane Katrina and other (1) the United States is the largest oil im- foreign exclusive economic zones that is con- hurricanes of the 2005 season, $3,099,000,000, porter in the world; tiguous to the exclusive economic zone of to remain available until expended: Pro- (2) the Federal Government predicts that, the United States. vided, That the Secretary of the Army is di- by 2025, 68 percent of the oil used in the (b) The purpose of this section is to permit rected to use the funds appropriated herein United States will be imported; United States companies to participate in to modify, at full Federal expense, author- (3) 2⁄3 of the oil reserves of the world are lo- the exploration for and the extraction of hy- ized projects in southeast Louisiana to pro- cated in the politically unstable Middle East drocarbon resources from any portion of a vide hurricane and storm damage reduction and are controlled by members of the Orga- foreign maritime exclusive economic zone and flood damage reduction in the greater nization of Petroleum Exporting Countries; that is contiguous to the exclusive economic New Orleans and surrounding areas; of the (4) global fuel consumption is projected to zone of the United States. funds provided herein, $530,000,000 shall be increase by 100 percent to 150 percent during used to modify the 17th Street, Orleans Ave- the next 20 years, driven largely by the Chi- (c) Notwithstanding any other provision of nue and London Avenue drainage canals, and nese and Indian economies; law (including a regulation), United States

VerDate Aug 31 2005 04:50 May 02, 2006 Jkt 049060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.084 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3817 companies (including agents and affiliates of in Tehran, Iran, holding United States diplo- Iraq with the clear intention of subverting those companies) may— matic personnel hostage until January 1981. coalition efforts to bring peace and democ- (1) engage in any transaction necessary for (5) Following the seizure of the United racy to Iraq. the exploration for and extraction of hydro- States Embassy, Ayatollah Ruhollah Kho- (19) The Ministry of Defense of Iran con- carbon resources from any portion of any meini, leader of the repressive revolutionary firmed in July 2003 that it had successfully foreign exclusive economic zone that is con- movement in Iran, expressed support for the conducted the final test of the Shahab-3 mis- tiguous to the exclusive economic zone of actions of the students in taking American sile, giving Iran an operational inter- the United States; and citizens hostage. mediate-range ballistic missile capable of (2) export without license authority all (6) Despite the presidential election of May striking both Israel and United States troops equipment necessary for the exploration for 1997, an election in which an estimated 91 throughout the Middle East and Afghani- or extraction of hydrocarbon resources de- percent of the electorate participated, con- stan. scribed in paragraph (1). trol of the internal and external affairs of (b) Congress declares that it should be the (d) Section 910 of the Trade Sanctions Re- the Islamic Republic of Iran is still exercised policy of the United States— form and Export Enhancement Act of 2000 (22 by the courts in Iran and the Revolutionary (1) to support efforts by the people of Iran U.S.C. 7209) is amended by inserting after Guards, Supreme Leader, and Council of to exercise self-determination over the form subsection (b) the following: Guardians of the Government of Iran. of government of their country; and ‘‘(c) GENERAL LICENSE AUTHORITY FOR (7) The election results of the May 1997 (2) to actively support a national ref- TRAVEL-RELATED EXPENDITURES BY PERSONS election and the high level of voter partici- erendum in Iran with oversight by inter- ENGAGING IN HYDROCARBON EXPLORATION AND pation in that election demonstrate that the national observers and monitors to certify EXTRACTION ACTIVITIES.— people of Iran favor economic and political the integrity and fairness of the referendum. ‘‘(1) IN GENERAL.—The Secretary of the reforms and greater interaction with the (c)(1) The President is authorized, notwith- Treasury shall, authorize under a general li- United States and the Western world in gen- standing any other provision of law, to pro- cense the travel-related transactions listed eral. vide financial and political assistance (in- in section 515.560(c) of title 31, Code of Fed- (8) Efforts by the United States to improve cluding the award of grants) to foreign and eral Regulations, for travel to, from or with- relations with Iran have been rebuffed by the domestic individuals, organizations, and en- tities that support democracy and the pro- in Cuba in connection with exploration for Government of Iran. motion of democracy in Iran. Such assist- and the extraction of hydrocarbon resources (9) The Clinton Administration eased sanc- ance includes funding for— in any part of a foreign maritime Exclusive tions against Iran and promoted people-to- (A) the Broadcasting Board of Governors Economic Zone that is contiguous to the people exchanges, but the Leader of the Is- for efforts to cultivate and support inde- United States’ Exclusive Economic Zone. lamic Revolution Ayatollah Ali Khamenei, pendent broadcasters that broadcast into ‘‘(2) PERSONS AUTHORIZED.—Persons au- the Militant Clerics’ Society, the Islamic Co- alition Organization, and Supporters of the Iran; thorized to travel to Cuba under this section (B) cultural and student exchanges; include full-time employees, executives, Party of God have all opposed efforts to open Iranian society to Western influences and (C) the promotion of human rights and agents, and consultants of oil and gas pro- civil society activities in Iran; and ducers, distributors, and shippers.’’. have opposed efforts to change the dynamic of relations between the United States and (D) assistance to student organizations, Iran. labor unions, and trade associations in Iran. SA 3771. Mr. ENZI submitted an (2) It is the sense of Congress that financial amendment intended to be proposed by (10) For the past two decades, the Depart- ment of State has found Iran to be the lead- and political assistance under this section be him to the bill H.R. 4939, making emer- ing sponsor of international terrorism in the provided to an individual, organization, or gency supplemental appropriations for world. entity that— the fiscal year ending September 30, (11) In 1983, the Iran-sponsored Hezbollah (A) opposes the use of terrorism; 2006, and for other purposes; which was terrorist organization conducted suicide ter- (B) advocates the adherence by Iran to ordered to lie on the table; as follows: rorist operations against United States mili- nonproliferation regimes for nuclear, chem- tary and civilian personnel in Beirut, Leb- ical, and biological weapons and materiel; On page 247, line 11, insert ‘‘and the Com- (C) is dedicated to democratic values and mittee on Health, Education, Labor, and anon, resulting in the deaths of hundreds of Americans. supports the adoption of a democratic form Pensions of the Senate’’ after of government in Iran; ‘‘propriations’’. (12) The United States intelligence commu- nity and law enforcement personnel have (D) is dedicated to respect for human On page 248, line 2, insert ‘‘and the Com- rights, including the fundamental equality of mittee on Health, Education, Labor, and linked Iran to attacks against American military personnel at Khobar Towers in women; Pensions of the Senate’’ after ‘‘Appropria- (E) works to establish equality of oppor- tions’’. Saudi Arabia in 1996 and to al Qaeda attacks against civilians in Saudi Arabia in 2004. tunity for people; and (F) supports freedom of the press, freedom SA 3772. Mr. SANTORUM submitted (13) According to the Department of State’s Patterns of Global Terrorism 2001 re- of speech, freedom of association, and free- an amendment intended to be proposed port, ‘‘Iran’s Islamic Revolutionary Guard dom of religion. by him to the bill H.R. 4939, making Corps and Ministry of Intelligence and Secu- (3) The President may provide assistance emergency supplemental appropria- rity continued to be involved in the planning under this subsection using amounts made tions for the fiscal year ending Sep- and support of terrorist acts and supported a available pursuant to the authorization of variety of groups that use terrorism to pur- appropriations under paragraph (7). tember 30, 2006, and for other purposes; (4) Not later than 15 days before each obli- sue their goals,’’ and ‘‘Iran continued to pro- which was ordered to lie on the table; gation of assistance under this subsection, vide Lebanese Hizballah and the Palestinian as follows: and in accordance with the procedures under rejectionist groups—notably HAMAS, the section 634A of the Foreign Assistance Act of On page 253, between lines 19 and 20, insert Palestinian Islamic Jihad, and the [Popular 1961 (22 U.S.C. 2394–l), the President shall no- the following: Front for the Liberation of Palestine-Gen- DEMOCRACY PROGRAMS AND ACTIVITIES IN IRAN tify the Committee on Foreign Relations and eral Command]—with varying amounts of the Committee on Appropriations of the Sen- SEC. 7032. (a) Congress makes the following funding, safehaven, training and weapons’’. ate and the Committee on International Re- findings: (14) Iran currently operates more than 10 lations and the Committee on Appropria- (1) The people of the United States have radio and television stations broadcasting in tions of the House of Representatives. long demonstrated an interest in the well- Iraq that incite violent actions against (5) It is the sense of Congress that in order being of the people of Iran, dating back to United States and coalition personnel in to ensure maximum coordination among the 1830s. Iraq. Federal agencies, if the President provides (2) Famous Americans such as Howard Bas- (15) The current leaders of Iran, Ayatollah the assistance under this section, the Presi- kerville, Dr. Samuel Martin, Jane E. Doo- Ali Khamenei and Hashemi Rafsanjani, have dent should appoint an individual who little, and Louis G. Dreyfus, Jr., made sig- repeatedly called upon Muslims to kill shall— nificant contributions to Iranian society by Americans in Iraq and install a theocratic (A) serve as special assistant to the Presi- furthering the educational opportunities of regime in Iraq. dent on matters relating to Iran; and the people of Iran and improving the oppor- (16) The Government of Iran has admitted (B) coordinate among the appropriate di- tunities of the less fortunate citizens of Iran. pursuing a clandestine nuclear program, rectors of the National Security Council on (3) Iran and the United States were allies which the United States intelligence com- issues regarding such matters. following World War II, and through the late munity believes may include a nuclear weap- (6) It is the sense of Congress that— 1970s Iran was as an important regional ally ons program. (A) support for a transition to democracy of the United States and a key bulwark (17) The Government of Iran has failed to in Iran should be expressed by United States against Soviet influence. meet repeated pledges to arrest and extra- representatives and officials in all appro- (4) In November 1979, following the arrival dite foreign terrorists in Iran. priate international fora; of Mohammed Reza Shah Pahlavi in the (18) The United States Government be- (B) representatives of the Government of United States, a mob of students and ex- lieves that the Government of Iran supports Iran should be denied access to all United tremists seized the United States Embassy terrorists and extremist religious leaders in States Government buildings;

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.067 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3818 CONGRESSIONAL RECORD — SENATE May 1, 2006 (C) efforts to bring a halt to the nuclear ‘‘(B) paragraph (1) of section 4041(a) (relat- which is held on the floor stocks tax date by weapons program of Iran, including steps to ing to diesel fuel) with respect to fuel sold any person, there is hereby imposed a floor end the supply of nuclear components or fuel for use or used in a diesel-powered highway stocks tax in an amount equal to the tax to Iran, should be intensified, with par- vehicle. which would be imposed on such liquid had ticular attention focused on the cooperation ‘‘(3) APPLICABLE PERIOD.—For purposes of the taxable event occurred on the floor regarding such program— this subsection, the term ‘applicable period’ stocks tax date. (i) between the Government of Iran and the means the period beginning after the date of (b) LIABILITY FOR TAX AND METHOD OF PAY- Government of the Russian Federation; and the enactment of the Gas Price Reduction MENT.— (ii) between the Government of Iran and Act of 2006, and ending before October 1, 2006. (1) LIABILITY FOR TAX.—A person holding a individuals from China, Malaysia, and Paki- ‘‘(4) MAINTENANCE OF TRUST FUND DEPOS- liquid on the floor stocks tax date to which stan, including the network of Dr. Abdul ITS.—In determining the amounts to be ap- the tax imposed by subsection (a) applies Qadeer (A. Q.) Khan; and propriated to the Highway Trust Fund under shall be liable for such tax. (D) officials and representatives of the section 9503, an amount equal to the reduc- (2) METHOD OF PAYMENT.—The tax imposed United States should— tion in revenues to the Treasury by reason of by subsection (a) shall be paid in such man- (i) strongly and unequivocally support in- this subsection shall be treated as taxes re- ner as the Secretary shall prescribe. digenous efforts in Iran calling for free, ceived in the Treasury under this section.’’. (3) TIME FOR PAYMENT.—The tax imposed transparent, and democratic elections; and (b) EFFECTIVE DATE.—The amendment by subsection (a) shall be paid on or before (ii) draw international attention to viola- made by this section shall take effect on the the date which is 6 months after the floor tions by the Government of Iran of human date of the enactment of this Act. stocks tax date. rights, freedom of religion, freedom of as- SEC. 8102. FLOOR STOCK REFUNDS. (c) DEFINITIONS.—For purposes of this sec- sembly, and freedom of the press. (a) IN GENERAL.—If— tion— (7) There is authorized to be appropriated (1) before a tax reduction date, a tax re- (1) HELD BY A PERSON.—A liquid shall be to the Department of State $100,000,000 to ferred to in section 4081(f)(2) of the Internal considered as ‘‘held by a person’’ if title carry out activities under this subsection. Revenue Code of 1986 has been imposed on thereto has passed to such person (whether (d) Not later than 15 days before desig- any liquid, and or not delivery to the person has been made). nating a democratic opposition organization (2) on such date such liquid is held by a (2) GASOLINE, DIESEL FUEL, AND AVIATION as eligible to receive assistance under sub- dealer and has not been used and is intended FUEL.—The terms ‘‘gasoline’’ and ‘‘diesel section (b), the President shall notify the for sale, there shall be credited (without in- fuel’’ have the respective meanings given Committee on Foreign Relations and the terest) to the person who paid such tax such terms by sections 4083 of such Code. Committee on Appropriations of the Senate (hereafter in this section referred to as the (3) FLOOR STOCKS TAX DATE.—The term and the Committee on International Rela- ‘‘taxpayer’’), against the taxpayer’s subse- ‘‘floor stocks tax date’’ means October 1, tions and the Committee on Appropriations quent semi-monthly deposit of such tax, an 2006. of the House of Representatives of the pro- amount equal to the excess of the tax paid (4) APPLICABLE PERIOD.—The term ‘‘appli- posed designation. The notification may be by the taxpayer over the amount of such tax cable period’’ has the meaning given such in classified form. which would be imposed on such liquid had term by section 4081(f)(3) of such Code. (e)(1) Of the amount appropriated by chap- the taxable event occurred on the tax reduc- (5) SECRETARY.—The term ‘‘Secretary’’ ter 2 of title I under the heading ‘‘DEPART- tion date. means the Secretary of the Treasury or the MENT OF STATE AND RELATED AGEN- (b) CERTIFICATION NECESSARY TO FILE Secretary’s delegate. CY’’, excluding funds appropriated for Edu- CLAIM FOR CREDIT.— (d) EXCEPTION FOR EXEMPT USES.—The tax cational and Cultural Exchange Programs (1) IN GENERAL.—In any case where liquid is imposed by subsection (a) shall not apply to and Public Diplomacy Programs, $42,750,000 held by a dealer (other than the taxpayer) on gasoline, diesel fuel, kerosene, or aviation shall be available for the Broadcasting Board the tax reduction date, no credit amount fuel held by any person exclusively for any of Governors for democracy programs and with respect to such liquid shall be allowed use to the extent a credit or refund of the tax activities in Iran. to the taxpayer under subsection (a) unless imposed by section 4081 of such Code is al- (2) Of the amount appropriated by chapter the taxpayer files with the Secretary— lowable for such use. 4 of title I, $47,250,000 shall be made available (A) a certification that the taxpayer has (e) EXCEPTION FOR FUEL HELD IN VEHICLE for the Democracy Fund for democracy pro- given a credit to such dealer with respect to TANK.—No tax shall be imposed by sub- grams and activities in Iran. such liquid against the dealer’s first pur- section (a) on gasoline, diesel fuel, or ker- chase of liquid from the taxpayer subsequent osene held in the tank of a motor vehicle. SA 3773. Mr. THUNE submitted an to the tax reduction date, and (f) EXCEPTION FOR CERTAIN AMOUNTS OF amendment intended to be proposed by (B) a certification by such dealer that such FUEL.— him to the bill H.R. 4939, making emer- dealer has given a credit to a succeeding (1) IN GENERAL.—No tax shall be imposed gency supplemental appropriations for dealer (if any) with respect to such liquid by subsection (a)— the fiscal year ending September 30, against the succeeding dealer’s first pur- (A) on gasoline held on the floor stocks tax 2006, and for other purposes; which was chase of liquid from such dealer subsequent date by any person if the aggregate amount ordered to lie on the table; as follows: to the tax reduction date. of gasoline held by such person on such date (2) REASONABLENESS OF CLAIMS CERTIFIED.— does not exceed 4,000 gallons, and On page 253, between lines 19 and 20, insert Any certification made under paragraph (1) (B) on diesel fuel or kerosene held on such the following: shall include an additional certification that date by any person if the aggregate amount TITLE VIII—GAS PRICE REDUCTION the claim for credit was reasonable based on of diesel fuel or kerosene held by such person SEC. 8000. SHORT TITLE. the taxpayer’s or dealer’s past business rela- on such date does not exceed 2,000 gallons. This title may be cited as the ‘‘Gas Price tionship with the succeeding dealer. The preceding sentence shall apply only if Reduction Act of 2006’’. (c) EXCEPTION FOR FUEL HELD IN RETAIL such person submits to the Secretary (at the Subtitle A—Temporary Reduction in STOCKS.—No credit or refund shall be allowed time and in the manner required by the Sec- Highway Fuel Tax Rate under this section with respect to any liquid retary) such information as the Secretary in retail stocks held at the place where in- SEC. 8101. REDUCTION IN HIGHWAY FUEL TAX shall require for purposes of this subsection. AND MAINTENANCE OF HIGHWAY tended to be sold at retail. (2) EXEMPT FUEL.—For purposes of para- TRUST FUND. (d) DEFINITIONS.—For purposes of this sec- graph (1), there shall not be taken into ac- (a) IN GENERAL.—Section 4081 of the Inter- tion— count fuel held by any person which is ex- nal Revenue Code of 1986 (relating to imposi- (1) the terms ‘‘dealer’’ and ‘‘held by a deal- empt from the tax imposed by subsection (a) tion of tax on gasoline, diesel fuel, and ker- er’’ have the respective meanings given to by reason of subsection (d) or (e). osene) is amended by adding at the end the such terms by section 6412 of such Code; ex- (3) CONTROLLED GROUPS.—For purposes of following new subsection: cept that the term ‘‘dealer’’ includes a pro- this subsection— ‘‘(f) TEMPORARY REDUCTION IN TAXES ON ducer, and (A) CORPORATIONS.— GASOLINE, DIESEL FUEL, AND KEROSENE.— (2) the term ‘‘tax reduction date’’ means (i) IN GENERAL.—All persons treated as a ‘‘(1) IN GENERAL.—During the applicable pe- the day after the date of the enactment of controlled group shall be treated as 1 person. riod, each rate of tax referred to in para- this Act. (ii) CONTROLLED GROUP.—The term ‘‘con- graph (2) shall be reduced to zero cents per (e) CERTAIN RULES TO APPLY.—Rules simi- trolled group’’ has the meaning given to such gallon. lar to the rules of subsections (b) and (c) of term by subsection (a) of section 1563 of such ‘‘(2) RATES OF TAX.—The rates of tax re- section 6412 of such Code shall apply for pur- Code; except that for such purposes the ferred to in this paragraph are the rates of poses of this section. phrase ‘‘more than 50 percent’’ shall be sub- tax otherwise applicable under— SEC. 8103. FLOOR STOCKS TAX. stituted for the phrase ‘‘at least 80 percent’’ ‘‘(A) clause (i) and (iii) of subsection (a) IMPOSITION OF TAX.—In the case of any each place it appears in such subsection. (a)(2)(A) (relating to gasoline, diesel fuel, liquid on which tax would have been imposed (B) NONINCORPORATED PERSONS UNDER COM- and kerosene), determined without regard to under section 4081 of the Internal Revenue MON CONTROL.—Under regulations prescribed subparagraph (B) or (C) of subsection (a)(2), Code of 1986 during the applicable period but by the Secretary, principles similar to the and for the amendments made by this title, and principles of this subparagraph shall apply to

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a group of persons under common control (A) IN GENERAL.—Beginning on the date or a related person to such company during where 1 or more of such persons is not a cor- that is 1 year after the date of enactment of the period beginning on the date of the en- poration. this Act, a lessee that does not renegotiate a actment of this subsection and ending on the (g) OTHER LAW APPLICABLE.—All provisions lease described in paragraph (1) in accord- date on which aggregate revenues resulting of law, including penalties, applicable with ance with that paragraph shall not be eligi- from the provisions of, and amendments respect to the taxes imposed by section 4081 ble to enter into a new lease authorizing pro- made by, sections 8201 through 8304 of the of such Code shall, insofar as applicable and duction of oil or natural gas on Federal land Gas Price Reduction Act of 2006 are esti- not inconsistent with the provisions of this (including submerged land). mated by the Secretary to equal the aggre- section, apply with respect to the floor stock (B) TRANSFERS.—A lessee shall not be eligi- gate appropriations made to the Highway taxes imposed by subsection (a) to the same ble to obtain by sale or other transfer any Trust Fund by reason of section 9503(f)(4).’’. extent as if such taxes were imposed by such lease described in paragraph (1) issued before SEC. 8304. SUSPENSION OF PERCENTAGE DEPLE- section 4081. the date of enactment of this Act, unless the TION ALLOWANCE FOR OIL AND GAS SEC. 8104. BENEFITS OF TAX REDUCTION lessee— PROPERTIES. SHOULD BE PASSED ON TO CON- (i) renegotiates the lease; and Section 613A is amended by adding at the SUMERS. (ii) enters into an agreement with the Sec- end the following new subsection: (a) PASSTHROUGH TO CONSUMERS.— retary to modify the terms of the lease in ac- ‘‘(f) TERMINATION.—The allowance for per- (1) SENSE OF CONGRESS.—It is the sense of cordance with paragraph (1). centage depletion shall be zero with respect Congress that— SEC. 8202. REPEAL OF ULTRA-DEEPWATER AND to a taxpayer which is an integrated oil com- (A) consumers immediately receive the UNCONVENTIONAL ONSHORE NAT- pany (as defined in section 291(b)(4)) which benefit of the reduction in taxes under this URAL GAS AND OTHER PETROLEUM has an average daily worldwide production of title, and RESEARCH AND DEVELOPMENT crude oil of at least 500,000 barrels for the (B) transportation motor fuels producers PROGRAM. taxable year or a related person to such com- and other dealers take such actions as nec- (a) IN GENERAL.—Subtitle J of title IX of pany during the period beginning on the date essary to reduce transportation motor fuels the Energy Policy Act of 2005 is repealed. of the enactment of this subsection and end- (b) EFFECTIVE DATE.—The repeal under prices to reflect such reduction, including ing on the date on which aggregate revenues subsection (a) shall take effect on the date of immediate credits to customer accounts rep- resulting from the provisions of, and amend- the enactment of this Act. resenting tax refunds allowed as credits ments made by, sections 8201 through 8304 of against excise tax deposit payments under Subtitle C—Suspension of Certain Energy the Gas Price Reduction Act of 2006 are esti- the floor stocks refund provisions of this Production Tax Incentives mated by the Secretary to equal the aggre- title. SEC. 8301. SUSPENSION OF DEDUCTION FOR IN- gate appropriations made to the Highway (2) STUDY.— TANGIBLE DRILLING AND DEVELOP- Trust Fund by reason of section 9503(f)(4).’’. (A) IN GENERAL.—The Comptroller General MENT COSTS. of the United States and the Attorney Gen- Section 263(c) of the Internal Revenue Code SA 3774. Mrs. HUTCHISON submitted eral of the United States shall conduct a of 1986 is amended by adding at the end the an amendment intended to be proposed study of the reduction of taxes under this following new sentence: ‘‘This section shall not apply with respect to any costs paid or by her to the bill H.R. 4939, making title to determine whether there has been a emergency supplemental appropria- passthrough of such reduction. incurred by a taxpayer which is an inte- tions for the fiscal year ending Sep- (B) REPORT.—Not later than June 30, 2006, grated oil company (as defined in section the Comptroller General of the United States 291(b)(4)) which has an average daily world- tember 30, 2006, and for other purposes; and the Attorney General of the United wide production of crude oil of at least as follows: States shall report to the Committee on Fi- 500,000 barrels for the taxable year or a re- On page 190, beginning on line 7, strike nance of the Senate and the Committee on lated person to such company during the pe- ‘‘Provided,’’ and all that follows through Ways and Means of the House of Representa- riod beginning on the date of the enactment ‘‘Provided further,’’ on line 11, and insert the tives the results of the study conducted of this sentence and ending on the date on following: ‘‘Provided, That of that amount, under subparagraph (A). which aggregate revenues resulting from the $12,000,000 may be available for environ- provisions of, and amendments made by, sec- Subtitle B—Suspension of Royalty Relief and mental cleanup and removal of debris from tions 8201 through 8304 of the Gas Price Re- Certain Incentives Department of Veterans Affairs land in Gulf- duction Act of 2006 are estimated by the Sec- SEC. 8201. SUSPENSION OF ROYALTY RELIEF. port, Mississippi: Provided further, That of retary to equal the aggregate appropriations that amount, $50,000,000 shall be available for (a) NEW LEASES.— made to the Highway Trust Fund by reason any purpose for which funds in the ‘Con- (1) REQUIREMENT.—The Secretary of the In- of section 9503(f)(4).’’. terior (referred to in this title as the ‘‘Sec- struction, Major Projects’ account are avail- SEC. 8302. SUSPENSION OF CREDIT FOR PRO- able under law:’’. retary’’) shall suspend the application of any DUCING FUEL FROM A NONCONVEN- provision of Federal law under which a per- TIONAL SOURCE. SA 3775. Mr. HARKIN (for himself, son would otherwise be provided relief from Section 45K of the Internal Revenue Code a requirement to pay a royalty for the pro- of 1986 is amended by adding at the end the Mr. JOHNSON, and Mr. KERRY) sub- duction of oil or natural gas from Federal following new subsection: mitted an amendment intended to be land (including submerged land) occurring ‘‘(h) NONAPPLICATION OF SECTION.—This proposed by him to the bill H.R. 4939, on or after the date of enactment of this Act section shall not apply with respect to any making emergency supplemental ap- during a period in which— fuel described in subsection (c)(1)(A) or sub- propriations for the fiscal year ending (A) for the production of oil, the average section (c)(1)(B)(i) sold by a taxpayer which September 30, 2006, and for other pur- price of crude oil in the United States during is an integrated oil company (as defined in poses; which was ordered to lie on the the 4-week period immediately preceding the section 291(b)(4)) which has an average daily table; as follows: suspension is greater than $35.86 per barrel; worldwide production of crude oil of at least and 500,000 barrels for the taxable year or a re- At the appropriate place, insert the fol- (B) for the production of natural gas, the lated person to such company during the pe- lowing: average wellhead price of natural gas in the riod beginning on the date of the enactment SEC. lll. CIVIL ACTIONS FOR CERTAIN FALSE United States during the 4-week period im- of this subsection and ending on the date on CLAIMS. mediately preceding the suspension is great- which aggregate revenues resulting from the (a) IN GENERAL.—Section 3730(b)(3) of title er than $4.48 per 1,000 cubic feet. provisions of, and amendments made by, sec- 31, United States Code, is amended— (2) DETERMINATION OF AVERAGE PRICES.— tions 8201 through 8304 of the Gas Price Re- (1) in this first sentence, by striking ‘‘The For purposes of paragraph (1), the Secretary duction Act of 2006 are estimated by the Sec- Government’’ and inserting ‘‘(A) Except as shall determine average prices, taking into retary to equal the aggregate appropriations provided under subparagraph (B), the Gov- consideration the most recent data reported made to the Highway Trust Fund by reason ernment’’; and by the Energy Information Administration. of section 9503(f)(4).’’. (2) by adding at the end the following: (b) RENEGOTIATION OF EXISTING LEASES.— SEC. 8303. SUSPENSION OF AMORTIZATION OF ‘‘(B)(i) In this subparagraph, the term ‘cov- (1) REQUIREMENT.—The Secretary shall, to GEOLOGICAL AND GEOPHYSICAL EX- ered civil action’ means any civil action the maximum extent practicable, renego- PENDITURES. brought under section 3729 regarding expend- tiate each lease authorizing production of oil Section 167(h) of the Internal Revenue itures of Federal funds relating to Iraq, Af- or natural gas on Federal land (including Code of 1986 is amended by adding at the end ghanistan, or the global war on terrorism. submerged land) issued by the Secretary be- the following new paragraph: ‘‘(ii) In any covered civil action, the total fore the date of the enactment of this Act as ‘‘(5) NONAPPLICATION OF SUBSECTION.—This of all extensions under subparagraph (A) the Secretary determines to be necessary to subsection shall not apply with respect to may not exceed 365 days, except that the modify the terms of the lease to ensure that any expenses paid or incurred by a taxpayer Government may move the court for an addi- a suspension of a requirement to pay royal- which is an integrated oil company (as de- tional extension upon a showing of extraor- ties under the lease does not apply to pro- fined in section 291(b)(4)) which has an aver- dinary circumstances that disclosure of par- duction described in subsection (a)(1). age daily worldwide production of crude oil ticular information in the complaint, mate- (2) FAILURE TO RENEGOTIATE AND MODIFY.— of at least 500,000 barrels for the taxable year rial evidence, or other information would be

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.059 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3820 CONGRESSIONAL RECORD — SENATE May 1, 2006 detrimental to the public interest. If the (G) dairy. SA 3777. Mr. MENENDEZ (for him- Government makes such a showing, the (b) BASE STATE GRANTS.— self, Mr. LEAHY, Mr. DURBIN, Mr. SAR- (1) IN GENERAL.—The Secretary shall use court shall seal any of the evidence or infor- BANES, Mr. LAUTENBERG, Mr. DODD, and mation sufficient to prevent damage to the $25,500,000 of funds of the Commodity Credit Mr. OBAMA) submitted an amendment public interest and the civil action shall pro- Corporation to make grants to the several ceed.’’. States, the District of Columbia, and the intended to be proposed by him to the (b) EFFECTIVE DATE AND APPLICATION.— Commonwealth of Puerto Rico to be used to bill H.R. 4939, making emergency sup- (1) EFFECTIVE DATE.—The amendments support activities that promote agriculture. plemental appropriations for the fiscal made by this section shall take effect on the (2) AMOUNTS.—The amount of the grants year ending September 30, 2006, and for date of enactment of this Act and apply to shall be— other purposes; which was ordered to any covered civil action (as defined under (A) $500,000 to each of the several States; lie on the table; as follows: section 3730(b)(3)(B)(i) of title 31, United and On page 89, line 9, strike ‘‘$69,800,000, to re- States Code, as added by subsection (a) of (B) $250,000 to each of the Commonwealth main available until September 30, 2007: Pro- this section) filed on or after that date. of Puerto Rico and the District of Columbia. vided, That the amount provided under this (2) APPLICATION TO CERTAIN PRIOR CIVIL AC- (c) GRANTS FOR VALUE OF PRODUCTION.— heading is designated as an emergency re- TIONS.— The Secretary shall use $59,500,000 of funds of quirement pursuant to section 402 of H. Con. (A) LIMITATION OF EXTENSIONS.—Except as the Commodity Credit Corporation to make Res. 95 (109th Congress), the concurrent reso- provided under subparagraph (B), in any such a grant to each of the several States in an lution on the budget for fiscal year 2006.’’. covered civil action— amount equal to the product obtained by (i) filed 240 days or more before the date of multiplying— and insert in lieu thereof ‘‘$129,800,000, to re- enactment of this Act, no extension granted (1) the share of the State of the total value main available until September 30, 2007: Pro- under section 3730(b)(3)(A) of that title may of specialty crop and livestock production of vided, That the amount provided under this be in effect following the date occurring 120 the United States for the 2004 crop year, as heading is designated as an emergency re- days after such date of enactment; and determined by the Secretary; by quirement pursuant to section 402 of H. Con. (ii) filed during the 239-day period pre- (2) $49,500,000. Res. 95 (109th Congress), the concurrent reso- ceding such date of enactment, no extension (d) SPECIAL CROP AND LIVESTOCK PRI- lution on the budget for fiscal year 2006.’’. granted under section 3730(b)(3)(A) of that ORITY.—As a condition on the receipt of a title may be in effect following the date oc- grant under this section, a State shall agree SA 3778. Mrs. BOXER submitted an curring 365 days after the date of such filing. to give priority to the support of specialty amendment intended to be proposed by (B) EXCEPTIONS.—The limitations under crops and livestock in the use of the grant her to the bill H.R. 4939, making emer- subpargraph (A) shall apply except for a funds. gency supplemental appropriations for showing by the Government of extraordinary (e) USE OF FUNDS.—A State may use funds the fiscal year ending September 30, circumstances that disclosure of particular from a grant awarded under this section— (1) to supplement State food bank pro- 2006, and for other purposes; which was information in the complaint, material evi- ordered to lie on the table; as follows: dence, or other information would be detri- grams or other nutrition assistance pro- mental to the public interest. If the Govern- grams; At the appropriate place, insert the fol- ment makes such a showing, the court shall (2) to promote the purchase, sale, or con- lowing: seal any of the evidence or information suffi- sumption of agricultural products; TAX CREDIT FOR VEHICLES WITH HIGH FUEL cient to prevent damage to the public inter- (3) to provide economic assistance to agri- ECONOMY cultural producers, giving a priority to the est and the civil action shall proceed. SEC. ll. For purposes of the Internal Rev- support of specialty crops and livestock; or enue Code of 1986, there shall be allowed as SA 3776. Mr. KOHL submitted an (4) for other purposes, as determined by the credit against the tax imposed during the amendment intended to be proposed by Secretary. taxable year in which the vehicle is placed in SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAY- him to the bill H.R. 4939, making emer- service an amount of $1000 for purchase of a MENTS. vehicle that obtains a minimum fuel econ- gency supplemental appropriations for (a) IN GENERAL.—Subject to subsection (b), omy of 45 miles per gallon. the fiscal year ending September 30, the Secretary shall make a supplemental 2006, and for other purposes; which was economic loss payment to— SA 3779. Mrs. BOXER submitted an ordered to lie on the table; as follows: (1) any producer on a farm that received a direct payment for crop year 2005 under title amendment intended to be proposed by On page 207, lines 5 and 6, strike ‘‘para- I of the Farm Security and Rural Investment her to the bill H.R. 4939, making emer- graph (2)’’ and insert ‘‘paragraphs (2) and Act of 2002 (7 U.S.C. 7901 et seq.); or gency supplemental appropriations for (3)’’. (2) any dairy producer that was eligible to the fiscal year ending September 30, On page 207, between lines 15 and 16, insert receive a payment during the 2005 calendar the following: 2006, and for other purposes; which was year under section 1502 of the Farm Security (2) NONINSURED PRODUCERS.—Except as pro- ordered to lie on the table; as follows: and Rural Investment Act of 2002 (7 U.S.C. vided in paragraph (3), for producers on a On page 253, between lines 19 and 20, insert 7982). farm that were eligible to acquire crop insur- the following: (b) AMOUNT.— ance for the applicable production loss and (1) COVERED COMMODITIES.—Subject to INVESTIGATION OF GASOLINE PRICES failed to do so or failed to submit an applica- paragraph (3), the amount of a payment SEC. 7032. (a) IN GENERAL.—If, based on tion for the noninsured assistance program made to a producer on a farm under sub- weekly data published by the Energy Infor- for the loss, the Secretary shall make assist- section (a)(1) shall be equal to the product mation Administration of the Department of ance in accordance with paragraph (1), ex- obtained by multiplying— Energy, the average price of regular grade cept that the payment rate shall be 35 per- (A) 30 percent of the direct payment rate in gasoline in a State increases 20 percent or cent of the established price, instead of 50 effect for the program crop of the farmer; more for at least 7 days during any 3-month percent. (B) 85 percent of the program crop base of period, the Federal Trade Commission shall On page 207, line 16, strike ‘‘(2)’’ and insert the farmer; and initiate an investigation into the retail price ‘‘(3)’’. (C) the program payment yield for each of gasoline in that State to determine if the Beginning on page 211, strike line 10 and program crop of the farmer. price of gasoline is being artificially manipu- all that follows through page 213, line 14. (2) DAIRY PAYMENTS.— lated by reducing refinery capacity or by any On page 213, line 15, strike ‘‘(f)’’ and insert (A) DISTRIBUTION.—Payments under sub- other form of manipulation. ‘‘(e)’’. section (a)(2) shall be distributed in a man- (b) REPORT.—Not later than 14 days after Beginning on page 228, strike line 4 and all ner that is consistent with section 1502 of the the initiation of the investigation described that follows through page 230, line 18 and in- Farm and Rural Investment Act of 2002 (7 in subsection (a), the Federal Trade Commis- sert the following: U.S.C. 7982). sion shall report to Congress the results of SEC. 3021. REPLENISHMENT OF SECTION 32. (B) MAXIMUM AMOUNT.—Subject to para- the investigation. (a) DEFINITION OF SPECIALTY CROP.—In this graph (3), the total amount available for pay- (c) PUBLIC MEETING.—Not later than 14 section: ments under subsection (a)(2) shall not ex- days after issuing the report described in (1) IN GENERAL.—The term ‘‘specialty crop’’ ceed $175,000,000. subsection (b), the Federal Trade Commis- means any agricultural crop. (3) OVERALL LIMITATION.—The Secretary sion shall hold a public hearing in the State (2) EXCEPTION.—The term ‘‘specialty crop’’ shall ensure that no person receives pay- in which the retail price of gasoline was in- does not include— ments under subsection (a) in excess of the vestigated as described in subsection (a) for (A) wheat; per person limitations applicable to pro- the purpose of presenting the results of the (B) feed grains; ducers that receive payments under sub- investigation. (C) oilseeds; section (a)(1). (d) ACTION ON PRICE INCREASE.— (D) cotton; On page 233, strike lines 3 through line 11. (1) FINDING OF MARKET MANIPULATION.—If (E) rice; On page 233 line 12, strike ‘‘3043’’ and in- the Federal Trade Commission determines (F) peanuts; or sert ‘‘3042’’. that the increase in gasoline prices in a

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State is a result of market manipulation, the (1) ADDITIONAL AMOUNT FOR OPERATION AND On page 117, between lines 9 and 10, insert Federal Trade Commission shall, in coopera- MAINTENANCE, ARMY.—The amount appro- the following: tion with the Attorney General of that priated by this chapter under the heading COMPREHENSIVE COMBAT CASUALTY CARE CEN- State, take appropriate action. ‘‘OPERATION AND MAINTENANCE, ARMY’’ is TER AT NAVAL MEDICAL CENTER, SAN DIEGO, (2) NO FINDING OF MARKET MANIPULATION.— hereby increased by $20,000,000, with the en- CALIFORNIA If the Federal Trade Commission determines tire amount of the increase designated as an SEC. 1312. (a) ADDITIONAL AMOUNT FOR DE- that the increase in gasoline prices in a emergency requirement pursuant to section FENSE HEALTH PROGRAM.—The amount ap- State is not the result of market manipula- 402 of H. Con. Res. 95 (109th Congress), the propriated by this chapter under the heading tion, the Federal Trade Commission shall no- concurrent resolution on the budget for fis- ‘‘DEFENSE HEALTH PROGRAM’’ is hereby in- tify the Secretary of Energy, who shall, cal year 2006. creased by $16,200,000, with the amount of the within 2 weeks of such notification, decide if (2) AVAILABILITY OF AMOUNT.—Of the increase designated as an emergency require- the Strategic Petroleum Reserve should be amount appropriated by this chapter under ment pursuant to section 402 of H. Con. Res. used to assure adequate supplies of gasoline. the heading ‘‘OPERATION AND MAINTENANCE, 95 (109th Congress), the concurrent resolu- (e) TERMINATION.—This section shall cease ARMY’’, as increased by paragraph (1), tion on the budget for fiscal year 2006. to apply on the date that is 5 years after the $20,000,000 shall be available to expand re- (b) AVAILABILITY OF AMOUNT.—Of the date of enactment of this Act. sources available for mental health coun- amount appropriated by this chapter under seling and care, including, in particular, sui- the heading ‘‘DEFENSE HEALTH PROGRAM’’, as SA 3780. Mrs. BOXER submitted an cide prevention programs. increased by subsection (a), $16,200,000 shall amendment intended to be proposed by (b) MENTAL HEALTH COUNSELING AND CARE be available for facilities improvements, her to the bill H.R. 4939, making emer- FOR MEMBERS OF THE NAVY.— staffing requirements, and operations costs gency supplemental appropriations for (1) ADDITIONAL AMOUNT FOR OPERATION AND of the Comprehensive Combat Casualty Care the fiscal year ending September 30, MAINTENANCE, NAVY.—The amount appro- Center at the Naval Medical Center, San 2006, and for other purposes; which was priated by this chapter under the heading Diego, California. ‘‘OPERATION AND MAINTENANCE, NAVY’’ is ordered to lie on the table; as follows: hereby increased by $10,000,000, with the en- SA 3784. Mrs. BOXER submitted an On page 253, between lines 19 and 20, insert tire amount of the increase designated as an amendment intended to be proposed by the following: emergency requirement pursuant to section her to the bill H.R. 4939, making emer- 402 of H. Con. Res. 95 (109th Congress), the FUEL ASSISTANCE FROM OIL COMPANIES PRO- gency supplemental appropriations for VIDING HIGH EMPLOYEE BONUS OR RETIRE- concurrent resolution on the budget for fis- MENT PACKAGES cal year 2006. the fiscal year ending September 30, 2006, and for other purposes; which was SEC. 7lll. (a) In this section, the term (2) AVAILABILITY OF AMOUNT.—Of the ‘‘large integrated oil company’’ means, with amount appropriated by this chapter under ordered to lie on the table; as follows: respect to any taxable year, an integrated oil the heading ‘‘OPERATION AND MAINTENANCE, At the appropriate place, insert the fol- company (as defined in section 291(b)(4) of NAVY’’, as increased by paragraph (1), lowing: $10,000,000 shall be available to expand re- the Internal Revenue Code of 1986) that— EMERGENCY FISHERY DISASTER ASSISTANCE sources available for mental health coun- (1) has gross receipts in excess of $1,000,000 SEC. ll. (a) The Secretary of Commerce for the taxable year; and seling and care, including, in particular, sui- cide prevention programs. shall make a direct payment to the Pacific (2) has an average daily worldwide produc- States Marine Fisheries Commission to dis- (c) MENTAL HEALTH COUNSELING AND CARE tion of crude oil of at least 500,000 barrels for tribute to fishing communities, Indian FOR MEMBERS OF THE AIR FORCE.— the taxable year. tribes, businesses, holders of community de- (1) ADDITIONAL AMOUNT FOR OPERATION AND (b) Notwithstanding any other provision of velopment quotas issued under the Magnu- MAINTENANCE, AIR FORCE.—The amount ap- law, if a large integrated oil company pro- son-Stevens Fishery Conservation and Man- propriated by this chapter under the heading vides to an offer or employee of the large in- agement Act (16 U.S.C. 1801 et seq.), individ- ‘‘OPERATION AND MAINTENANCE, AIR FORCE’’ tegrated oil company a salary bonus or re- uals, and other entities as emergency dis- is hereby increased by $10,000,000, with the tirement package of more than $50,000,000, aster assistance to mitigate the economic entire amount of the increase designated as the large integrated oil company shall pay losses caused by declining Klamath River an emergency requirement pursuant to sec- an equal amount into the Low Income Home Fall Chinook salmon. tion 402 of H. Con. Res. 95 (109th Congress), Energy Assistance Program. (b) The Secretary of Commerce shall re- the concurrent resolution on the budget for quire that the Pacific States Marine Fish- fiscal year 2006. SA 3781. Mrs. BOXER submitted an eries Commission shall, not later than 6 (2) AVAILABILITY OF AMOUNT.—Of the amendment intended to be proposed by months after the date that the Commission amount appropriated by this chapter under her to the bill H.R. 4939, making emer- receives a payment under this section, sub- the heading ‘‘OPERATION AND MAINTENANCE, gency supplemental appropriations for mit to the Secretary of Commerce and the AIR FORCE’’, as increased by paragraph (1), Committee on Appropriations of the Senate the fiscal year ending September 30, $10,000,000 shall be available to expand re- and the Committee on Appropriations of the 2006, and for other purposes; which was sources available for mental health coun- House of Representatives a report describing ordered to lie on the table; as follows: seling and care, including, in particular, sui- the persons to whom the payment was dis- cide prevention programs. At the appropriate place, insert the fol- tributed and the rationale for such distribu- lowing: (d) MENTAL HEALTH COUNSELING AND CARE tion. FUEL-EFFICIENT VEHICLES FOR MEMBERS OF THE MARINE CORPS.— (c) There is appropriated to the Secretary (1) ADDITIONAL AMOUNT FOR OPERATION AND SEC. ll. (a) None of the funds made avail- of Commerce $81,000,000 to make payments MAINTENANCE, MARINE CORPS.—The amount able in this Act may be used to purchase a under this section and that amount is des- appropriated by this chapter under the head- vehicle for the Federal government that is ignated as an emergency requirement pursu- ing ‘‘OPERATION AND MAINTENANCE, MARINE not fuel-efficient to the greatest extent pos- ant to section 402 of H. Con. Res. 95 (109th CORPS’’ is hereby increased by $10,000,000, sible, consistent with other federal laws. Congress), the concurrent resolution on the with the entire amount of the increase des- (b) Not later than 6 months after the date budget for fiscal year 2006. Any amount ap- ignated as an emergency requirement pursu- of the enactment of this Act, the President propriated pursuant to this subsection that ant to section 402 of H. Con. Res. 95 (109th shall submit to Congress a report on the is not used or otherwise obligated shall be Congress), the concurrent resolution on the number and type of vehicles purchased by returned to the general fund of the Treasury. budget for fiscal year 2006. the Federal government, including the fuel (2) AVAILABILITY OF AMOUNT.—Of the economy of such vehicles. SA 3785. Mr. LEVIN (for himself, Mr. amount appropriated by this chapter under DORGAN, Ms. STABENOW, and Mr. the heading ‘‘OPERATION AND MAINTENANCE, SA 3782. Mrs. BOXER submitted an CONRAD) submitted an amendment in- MARINE CORPS’’, as increased by paragraph amendment intended to be proposed by (1), $10,000,000 shall be available to expand re- tended to be proposed by him to the her to the bill H.R. 4939, making emer- sources available for mental health coun- bill H.R. 4939, making emergency sup- gency supplemental appropriations for seling and care, including, in particular, sui- plemental appropriations for the fiscal the fiscal year ending September 30, cide prevention programs. year ending September 30, 2006, and for 2006, and for other purposes; which was other purposes; which was ordered to ordered to lie on the table; as follows: SA 3783. Mrs. BOXER submitted an lie on the table; as follows: On page 117, between lines 9 and 10, insert amendment intended to be proposed by At the appropriate place, insert the fol- the following: her to the bill H.R. 4939, making emer- lowing: MENTAL HEALTH COUNSELING AND CARE FOR gency supplemental appropriations for NORTHER BORDER AIRWINGS MEMBERS OF THE ARMED FORCES the fiscal year ending September 30, SEC. lll. (a) IN GENERAL.—The amount SEC. 1312. (a) MENTAL HEALTH COUNSELING 2006, and for other purposes; which was provided in the title titled ‘‘BORDER SECU- AND CARE FOR MEMBERS OF THE ARMY.— ordered to lie on the table; as follows: RITY’’ for recapitalization of air assets

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.080 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3822 CONGRESSIONAL RECORD — SENATE May 1, 2006 under the heading ‘‘AIR AND MARINE INTERDIC- 2006, and for other purposes; which was (ii) DURATION OF AUTOMATIC STAY.—An TION, OPERATIONS, MAINTENANCE, AND PRO- ordered to lie on the table; as follows: automatic stay under clause (i) shall con- CUREMENT’’ under the heading ‘‘CUSTOMS AND On page 253, between lines 19 and 20, insert tinue until the court enters an order grant- BORDER PROTECTION’’ under the heading the following: ing or denying the Government’s motion. ‘‘EMERGENCY SUPPLEMENTAL APPRO- (iii) POSTPONEMENT.—The court, for good IMMIGRATION INJUNCTION REFORM PRIATIONS FOR BORDER SECURITY’’ is cause, may postpone an automatic stay reduced by $12,000,000. SEC. 7032. (a) SHORT TITLE.—This section under clause (i) for not longer than 15 days. (b) FUNDS FOR AIRWINGS.—Of the amount may be cited as the ‘‘Fairness in Immigra- No further postponement of any such auto- provided in the title titled ‘‘BORDER SECU- tion Litigation Act of 2006’’. matic stay pursuant to this paragraph shall (b) APPROPRIATE REMEDIES FOR IMMIGRA- RITY’’ for ‘‘Air and Marine Interdiction, Op- be available under this subparagraph. TION LEGISLATION.— erations, Maintenance, and Procurement’’ (iv) AUTOMATIC STAYS DURING REMANDS (1) LIMITATION ON CIVIL ACTIONS.—No court under the heading ‘‘AIR AND MARINE INTERDIC- FROM HIGHER COURTS.—If a higher court or- may certify a class under Rule 23 of the Fed- TION, OPERATIONS, MAINTENANCE, AND PRO- ders that a decision on a motion subject to eral Rules of Civil Procedure in any civil ac- CUREMENT’’ under the heading ‘‘CUSTOMS AND this subsection be remanded to a lower tion filed after the date of enactment of this BORDER PROTECTION’’ under the heading court, the order granting prospective relief Act pertaining to the administration or en- ‘‘EMERGENCY SUPPLEMENTAL APPRO- that is the subject of the motion shall be forcement of the immigration laws of the automatically stayed until the district court PRIATIONS FOR BORDER SECURITY’’, United States. $12,000,000 is for the Northern Border enters an order granting or denying the Gov- (2) REQUIREMENTS FOR AN ORDER GRANTING airwings in Michigan and North Dakota: ernment’s motion. PROSPECTIVE RELIEF AGAINST THE GOVERN- Provided, That the amount provided under (v) ORDERS BLOCKING AUTOMATIC STAYS.— MENT.— Any order staying, suspending, delaying, or this subsection is designated as an emer- (A) IN GENERAL.—If a court determines gency requirement under section 402 of H. otherwise barring the effective date of the that prospective relief should be ordered automatic stay described in clause (i), other Con. Res. 95 (109th Congress), the concurrent against the Government in any civil action resolution on the budget for fiscal year 2006. than an order to postpone the effective date pertaining to the administration or enforce- of the automatic stay for not longer than 15 ment of the immigration laws of the United days under clause (iii), shall be— SA 3786. Mr. HARKIN submitted an States, the court shall— amendment intended to be proposed by (I) treated as an order refusing to vacate, (i) limit the relief to the minimum nec- modify, dissolve or otherwise terminate an him to the bill H.R. 4939, making emer- essary to correct the violation of law; injunction; and gency supplemental appropriations for (ii) adopt the least intrusive means to cor- (II) immediately appealable under section the fiscal year ending September 30, rect the violation of law; 1292(a)(1) of title 28, United States Code. 2006, and for other purposes; which was (iii) minimize, to the greatest extent prac- (C) MOTIONS.— ticable, the adverse impact on national secu- ordered to lie on the table; as follows: (i) IN GENERAL.—For purposes of this para- rity, border security, immigration adminis- graph, any motion pending for not more than On page 126, between lines 12 and 13, insert tration and enforcement, and public safety, the following: 45 days on the date of enactment of this Act and shall be treated as if it had been filed on UNITED STATES INSTITUTE OF PEACE PROGRAMS (iv) provide for the expiration of the relief such date of enactment. IN IRAQ AND AFGHANISTAN on a specific date, which allows for the min- (ii) MOTIONS PENDING FOR MORE THAN 45 SEC. 1406. (a)(1) The amount appropriated imum practical time necessary to remedy DAYS.—Every motion to vacate, modify, dis- by this chapter for other bilateral assistance the violation. solve, or otherwise terminate an order grant- under the heading ‘‘ECONOMIC SUPPORT (B) WRITTEN EXPLANATION.—The require- ing prospective relief in any civil action per- FUND’’ is hereby increased by $8,500,000. ments described in subparagraph (A) shall taining to the administration or enforce- (2) The amount made available under para- be— ment of the immigration laws of the United graph (1) is designated as an emergency re- (i) discussed and explained in writing in States which has been pending for more than quirement pursuant to section 402 of H. Con. the order granting prospective relief; and 45 days as of the date of enactment of this Res. 95 (109th Congress), the concurrent reso- (ii) sufficiently detailed to allow review by Act, and remains pending on the 10th day lution on the budget for fiscal year 2006. another court. following such date of enactment, shall re- (b) Of the amount appropriated by this (C) EXPIRATION OF PRELIMINARY INJUNCTIVE sult in an automatic stay, without further chapter for other bilateral assistance under RELIEF.—Preliminary injunctive relief shall order of the court, of the prospective relief the heading ‘‘ECONOMIC SUPPORT FUND’’, as automatically expire on the date that is 90 that is the subject of any such motion. increased by subsection (a), $8,500,000 shall be days after the date on which such relief is (4) ADDITIONAL RULES CONCERNING PROSPEC- made available to the United States Insti- entered, unless the court— TIVE RELIEF AFFECTING EXPEDITED RE- tute of Peace for programs in Iraq and Af- (i) makes the findings required under sub- MOVAL.— ghanistan. paragraph (A) for the entry of permanent (A) JURISDICTION.—Notwithstanding any (c) Of the funds made available by chapter prospective relief; and other provision of law (statutory or non- 2 of title II of division A of the Emergency (ii) makes the order final before expiration statutory), including section 2241 of title 28, Supplemental Appropriations Act for De- of such 90-day period. United States Code, or any other habeas pro- fense, the Global War on Terror, and Tsu- (D) REQUIREMENTS FOR ORDER DENYING MO- vision, and sections 1361 and 1651 of such nami Relief, 2005’’ (Public Law 109-13) for TION.—This paragraph shall apply to any title, no court has jurisdiction to grant or military assistance under the heading order denying the Government’s motion to continue an order or part of an order grant- ‘‘PEACEKEEPING OPERATIONS’’ and available vacate, modify, dissolve or otherwise termi- ing prospective relief if the order or part of for the Coalition Solidarity Initiative, nate an order granting prospective relief in the order interferes with, affects, or impacts $8,500,000 is rescinded. any civil action pertaining to the adminis- any determination pursuant to, or imple- tration or enforcement of the immigration mentation of, section 235(b)(1) of the Immi- SA 3787. Mr. KYL submitted an laws of the United States. gration and Nationality Act (8 U.S.C. amendment intended to be proposed by (3) PROCEDURE FOR MOTION AFFECTING 1225(b)(1)). him to the bill H.R. 4939, making emer- ORDER GRANTING PROSPECTIVE RELIEF AGAINST (B) EFFECT OF GOVERNMENT MOTION.—Upon gency supplemental appropriations for THE GOVERNMENT.— the Government’s filing of a motion to va- (A) IN GENERAL.—A court shall promptly cate, modify, dissolve or otherwise termi- the fiscal year ending September 30, rule on the Government’s motion to vacate, nate an order granting prospective relief in a 2006, and for other purposes; which was modify, dissolve or otherwise terminate an civil action described in paragraph (2), the ordered to lie on the table; as follows: order granting prospective relief in any civil court shall promptly decide whether it con- At the appropriate place insert the fol- action pertaining to the administration or tinues to have jurisdiction and shall prompt- lowing: enforcement of the immigration laws of the ly vacate any order or part of an order grant- EXPEDITED REMOVAL United States. ing prospective relief that is not within the (B) AUTOMATIC STAYS.— jurisdiction of the court. SEC. ll. Notwithstanding any other pro- (i) IN GENERAL.—The Government’s motion (C) EXCEPTION.—Subparagraphs (A) and (B) vision of law, the Secretary of Homeland Se- to vacate, modify, dissolve, or otherwise ter- shall not apply to the extent that— curity may apply the expedited removal au- minate an order granting prospective relief (i) an order granting prospective relief was thority under section 235(b) of the Immigra- made in any civil action pertaining to the entered before the date of enactment of this tion and Nationality Act (8 U.S.C. 1225(b)) to administration or enforcement of the immi- Act; and natives and citizens of El Salvador. gration laws of the United States shall auto- (ii) the prospective relief is necessary to Mr. KYL submitted an matically, and without further order of the remedy the violation of a right guaranteed SA 3788. court, stay the order granting prospective by the United States Constitution. amendment intended to be proposed by relief on the date that is 15 days after the (5) SETTLEMENTS.— him to the bill H.R. 4939, making emer- date on which such motion is filed unless the (A) CONSENT DECREES.—In any civil action gency supplemental appropriations for court previously has granted or denied the pertaining to the administration or enforce- the fiscal year ending September 30, Government’s motion. ment of the immigration laws of the United

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.080 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3823 States, the court may not enter, approve, or by her to the bill H.R. 4939, making States will be treated equally for purposes of continue a consent decree that does not com- emergency supplemental appropria- cost-share adjustments under such Act, to ply with paragraph (2). tions for the fiscal year ending Sep- account for the impact in those counties and (B) PRIVATE SETTLEMENT AGREEMENTS.— tember 30, 2006, and for other purposes; parishes of Hurricanes Rita and Katrina: Nothing in this subsection shall preclude Provided further, That the amount provided parties from entering into a private settle- which was ordered to lie on the table; under this heading is designated as an emer- ment agreement that does not comply with as follows: gency requirement pursuant to section 402 of paragraph (2) if the terms of that agreement Except for the renewal of existing inter- H. Con. Res. 95 109th Congress), the concur- are not subject to court enforcement other governmental agreements, the Bureau of rent resolution on the budget for fiscal year than reinstatement of the civil proceedings Prisons (BOP) shall not plan, support, or 2006: Provided further, That of funds made that the agreement settled. contract to meet Federal BOP bed space available under the heading ‘Millennium (6) EXPEDITED PROCEEDINGS.—It shall be needs which replace intergovernmental Challenge Corporation’ under the heading the duty of every court to advance on the agreements existing at the date of enact- ’Independent Agencies’ in Title II of the For- docket and to expedite the disposition of any ment hereof and are used to house 1000 or eign Operations, Export Financing, and Re- civil action or motion considered under this more Federal inmates, until 30 days after the lated Programs Appropriations Act, 2006 subsection. General Accountability Office releases the (Public Law 109–102; 119 Stat. 2184), $200 mil- (7) DEFINITIONS.—In this subsection: BOP Cost Comparison Report required in the lion is rescinded.’’. (A) CONSENT DECREE.—The term ‘‘consent Conference Report that accompanied Public decree’’— 109–108. SA 3793. Mr. COCHRAN submitted an (i) means any relief entered by the court amendment intended to be proposed by that is based in whole or in part on the con- SA 3791. Mrs. HUTCHISON (for her- him to the bill H.R. 4936, making emer- sent or acquiescence of the parties; and self, Mr. CORNYN, and Ms. LANDRIEU) gency supplemental appropriations for (ii) does not include private settlements. submitted an amendment intended to the fiscal year ending September 30, (B) GOOD CAUSE.—The term ‘‘good cause’’ be proposed by her to the bill H.R. 4939, 2006, and for other purposes; which was does not include discovery or congestion of making emergency supplemental ap- ordered to lie on the table; as follows: the court’s calendar. propriations for the fiscal year ending (C) GOVERNMENT.—The term ‘‘Govern- On page 165, line 19, strike ‘‘$10,600,000,000’’ ment’’ means the United States, any Federal September 30, 2006, and for other pur- all through and including line 23 and insert department or agency, or any Federal agent poses; as follows: ‘‘$7,333,000,000, to remain available until ex- or official acting within the scope of official On page 176, strike lines 4 through 7 and in- pended: Provided, That the amount provided duties. sert the following: under this heading is designated as an emer- (D) PERMANENT RELIEF.—The term ‘‘perma- December 31, 2006, for part A of title V of the gency requirement pursuant to section 402 of nent relief’’ means relief issued in connec- Elementary and Secondary Education Act of H. Con. Res. 95 (109th Congress), the concur- tion with a final decision of a court. 1965 (‘‘ESEA’’) for allocations to States for rent resolution on the budget for fiscal year (E) PRIVATE SETTLEMENT AGREEMENT.—The necessary expenses in the 2006-2007 academic 2006.’’. term ‘‘private settlement agreement’’ means year related to the consequences of Hurri- an agreement entered into among the parties canes Katrina and Rita: Provided further, SA 3794. Mr. INHOFE submitted an that is not subject to judicial enforcement That, notwithstanding the allotment for- amendment intended to be proposed by other than the reinstatement of the civil ac- mula described in section 5111 of the ESEA, him to the bill H.R. 4939, making emer- tion that the agreement settled. funds made available in the preceding pro- gency supplemental appropriations for (F) PROSPECTIVE RELIEF.—The term ‘‘pro- viso shall be allocated to each eligible State the fiscal year ending September 30, spective relief’’ means temporary, prelimi- educational agency on the basis of its rel- 2006, and for other purposes; which was nary, or permanent relief other than com- ative share of displaced students (as that ordered to lie on the table; as follows: pensatory monetary damages. term is defined in section 107(b)(1) of title IV On page 162, line 3, after ‘‘contractors:’’, in- (c) APPLICATION OF AMENDMENT.—This sec- of division B of Public Law 109-148) enrolled sert the following: ‘‘Provided further, That tion shall apply with respect to all orders on October 1, 2006, provided that the number $520,000,000 of the funds appropriated herein granting prospective relief in any civil ac- of displaced students enrolled in public and to modify the 17th Street, Orleans Avenue, tion pertaining to the administration or en- private elementary schools and secondary and London Avenue drainage canals and in- forcement of the immigration laws of the schools in the State is not less than 1 per- stall pumps and closure structures at or near United States, whether such relief was or- cent of the total fourth quarter displaced the lakefront; $198,000,000 of the funds appro- dered before, on, or after the date of the en- student enrollment count of the 2005-2006 priated herein for storm-proofing interior actment of this Act. academic year: Provided further, That, not- pump stations to ensure the operability of (d) SEVERABILITY.—If any provision of this withstanding the allocation formula de- the stations during hurricanes, storms, and section or the application of such provision scribed in section 5112 of the ESEA, each high water events; and $285,000,000 of the to any person or circumstance is found to be State educational agency shall make 100 per- funds appropriated herein to improve protec- unconstitutional, the remainder of this sec- cent of funds available under such proviso to tion at the Inner Harbor Navigation Canal tion and the application of the provisions of local educational agencies on the basis of shall be available only for fiscal years 2007 such to any person or circumstance shall not each local educational agency’s relative and thereafter, subject to authorization:’’. be affected thereby. share of displaced students on October 1, 2006: Provided further, That such local edu- SA 3795. Mr. INHOFE submitted an SA 3789. Mrs. HUTCHISON (for her- cational agencies shall use such funds in ac- self, Mr. CORNYN, and Ms. LANDRIEU) cordance with sections 5131 and 5142 of the amendment intended to be proposed by submitted an amendment intended to ESEA: Provided further, that the him to the bill H.R. 4939, making emer- be proposed by her to the bill H.R. 4939, gency supplemental appropriations for making emergency supplemental ap- SA 3792. Mrs. HUTCHISON (for her- the fiscal year ending September 30, propriations for the fiscal year ending self, Mr. CORNYN, and Ms. LANDRIEU) 2006, and for other purposes; which was September 30, 2006, and for other pur- submitted an amendment intended to ordered to lie on the table; as follows: poses; which was ordered to lie on the be proposed by her to the bill H.R. 4939, On page 159, strike lines 15 through 20 and table; as follows: making emergency supplemental ap- insert the following: ‘‘, $122,850,000, to remain propriations for the fiscal year ending available until expended: Provided, That the On page 165, line 20, after ‘‘Provided,’’ in- provision of such sums shall be subject to au- sert the following: ‘‘That for states in which September 30, 2006, and for other pur- poses; which was ordered to lie on the thorization:’’. the President declared a major disaster (as On page 161, beginning on line 3, strike that term is defined in section 102 of the table; as follows: ‘‘the Secretary’’ and all that follows through Robert T. Stafford Disaster Relief and Emer- On page 165, line 19, strike ‘‘$10,600,000,000’’ ‘‘tem:’’ on line 20 and insert the following: gency Assistance Act (42 U.S.C. 5122)) on Sep- and all that follows through line 23 and in- ‘‘the provision of such sums shall be subject tember 24, 2005, as a result of Hurricane Rita, sert the following: ‘‘$10,800,000,000 to remain to authorization:’’. each county or parish eligible for individual available until expended: Provided, That and public assistance under such declaration $200,000,000 shall be for ensuring that for SA 3796. Mr. INHOFE submitted an in such States will be treated equally for states in which the President declared a amendment intended to be proposed by purposes of cost-share adjustments under major disaster (as that term is defined in him to the bill H.R. 4939, making emer- such Act, to account for the impact in those section 102 of the Robert T. Stafford Disaster gency supplemental appropriations for counties and parishes of Hurricanes Rita and Relief and Emergency Assistance Act (42 Katrina: Provided further,’’. U.S.C. 5122)) on September 24, 2005, as a re- the fiscal year ending September 30, sult of Hurricane Rita, that each county or 2006, and for other purposes; which was SA 3790. Mrs. HUTCHISON submitted parish eligible for individual and public as- ordered to lie on the table; as follows: an amendment intended to be proposed sistance under such declaration in such On page 253, strike lines 12 through 19.

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.060 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3824 CONGRESSIONAL RECORD — SENATE May 1, 2006 SA 3797. Mr. DURBIN submitted an (3) 14,000,000 people in the United States (B) maximizes the efforts of public trans- amendment intended to be proposed by ride public transportation each work day; portation systems to mitigate damage from him to the bill H.R. 4939, making emer- (4) safe and secure public transportation terrorist attacks. gency supplemental appropriations for systems are essential for the Nation’s econ- (c) BUS AND RURAL PUBLIC TRANSPORTATION omy and for significant national and inter- SYSTEMS.—Not later than July 31, 2006, the the fiscal year ending September 30, national public events; Secretary of Homeland Security shall con- 2006, and for other purposes; which was (5) the Federal Transit Administration has duct security assessments, appropriate to ordered to lie on the table; as follows: invested $74,900,000,000 since 1992 for con- the size and nature of each system, to deter- On page 171, strike lines 19 through 24 and struction and improvements to the Nation’s mine the specific needs of— insert the following: public transportation systems; (1) local bus-only public transportation canes of the 2005 season, $6,300,000, to remain (6) the Federal Government appropriately systems; and available until September 30, 2007, of which invested $18,100,000,000 in fiscal years 2002 (2) selected public transportation systems the Administrator of the Environmental through 2005 to protect our Nation’s aviation that receive funds under section 5311 of title Protection Agency, by not later than 60 days system and its 1,800,000 daily passengers; 49, United States Code. after the date of enactment of this Act, shall (7) the Federal Government has allocated SEC. —104. SECURITY ASSISTANCE GRANTS. use $300,000 to prepare and submit to Con- $250,000,000 in fiscal years 2003 through 2005 (a) CAPITAL SECURITY ASSISTANCE PRO- gress a report that describes the potential to protect public transportation systems in GRAM.— hazards posed by exposure to any hazardous the United States; (1) IN GENERAL.—The Secretary of Home- substance, pollutant, or contaminant (in- (8) the Federal Government has invested land Security shall award grants directly to cluding disease-causing organisms and mold) $7.38 in aviation security improvements per public transportation agencies for allowable that may have been released or mobilized passenger, but only $0.007 in public transpor- capital security improvements based on the into the environment due to Hurricane tation security improvements per passenger; priorities established under section Katrina or Hurricane Rita and methods by (9) the Government Accountability Office, —103(a)(4). which the Administrator plans to mitigate the Mineta Institute for Surface Transpor- (2) ALLOWABLE USE OF FUNDS.—Grants those hazards: Provided, That the amount tation Policy Studies, the American Public awarded under paragraph (1) may be used provided under this heading is designated as Transportation Association, and many trans- for— an emergency requirement pursuant to sec- portation experts have reported an urgent (A) tunnel protection systems; tion 402 of H. Con. Res. 95 (109th Congress), need for significant investment in public (B) perimeter protection systems; the concurrent resolution on the budget for transportation security improvements; and (C) redundant critical operations control fiscal year 2006. (10) the Federal Government has a duty to systems; deter and mitigate, to the greatest extent (D) chemical, biological, radiological, or SA 3798. Mr. KENNEDY submitted an practicable, threats against the Nation’s explosive detection systems; amendment intended to be proposed by public transportation systems. (E) surveillance equipment; him to the bill H.R. 4939, making emer- SEC. —103. SECURITY ASSESSMENTS. (F) communications equipment; gency supplemental appropriations for (a) PUBLIC TRANSPORTATION SECURITY AS- (G) emergency response equipment; the fiscal year ending September 30, SESSMENTS.— (H) fire suppression and decontamination 2006, and for other purposes; which was (1) SUBMISSION.—Not later than 30 days equipment; ordered to lie on the table; as follows: after the date of enactment of this Act, the (I) global positioning or automated vehicle Federal Transit Administration of the De- locator type system equipment; At the end of title VII, insert the fol- partment of Transportation shall submit all (J) evacuation improvements; and lowing: public transportation security assessments (K) other capital security improvements. SEC. lll. Any national service edu- and all other relevant information to the (b) OPERATIONAL SECURITY ASSISTANCE cational award described in subtitle D of Secretary of Homeland Security. PROGRAM.— title I of the National and Community Serv- (2) REVIEW.—Not later than July 31, 2006, (1) IN GENERAL.—The Secretary of Home- ice Act of 1990 (42 U.S.C. 12601 et seq.), made the Secretary of Homeland Security shall re- land Security shall award grants directly to with funds appropriated to, funds transferred view and augment the security assessments public transportation agencies for allowable to, or interest accumulated in the National received under paragraph (1). operational security improvements based on Service Trust, shall be known as a ‘‘Segal (3) ALLOCATIONS.—The Secretary of Home- the priorities established under section award’’. land Security shall use the security assess- —103(a)(4). Mr. INOUYE (for himself, ments received under paragraph (1) as the (2) ALLOWABLE USE OF FUNDS.—Grants SA 3799. basis for allocating grant funds under sec- awarded under paragraph (1) may be used Mr. STEVENS, Mr. SHELBY, Mr. SAR- tion —104, unless the Secretary notifies the for— BANES, and Mr. ROCKEFELLER) sub- Committee on Banking, Housing, and Urban (A) security training for public transpor- mitted an amendment intended to be Affairs of the Senate that the Secretary has tation employees, including bus and rail op- proposed by him to the bill H.R. 4939, determined that an adjustment is necessary erators, mechanics, customer service, main- making emergency supplemental ap- to respond to an urgent threat or other sig- tenance employees, transit police, and secu- propriations for the fiscal year ending nificant factors. rity personnel; September 30, 2006, and for other pur- (4) SECURITY IMPROVEMENT PRIORITIES.— (B) live or simulated drills; poses; which was ordered to lie on the Not later than September 30, 2006, the Sec- (C) public awareness campaigns for en- retary of Homeland Security, after consulta- hanced public transportation security; table; as follows: tion with the management and employee (D) canine patrols for chemical, biological, TITLE —IMPROVED PUBLIC representatives of each public transportation or explosives detection; TRANSPORTATION SECURITY system for which a security assessment has (E) overtime reimbursement for enhanced SEC. —101. SHORT TITLE; TABLE OF CONTENTS. been received under paragraph (1), shall es- security personnel during significant na- (a) SHORT TITLE.—This title may be cited tablish security improvement priorities that tional and international public events, con- as the ‘‘Public Transportation Terrorism will be used by public transportation agen- sistent with the priorities established under Prevention Act of 2006’’. cies for any funding provided under section section —103(a)(4); and (b) TABLE OF CONTENTS.—The table of con- —104. (F) other appropriate security improve- tents for this title is as follows: (5) UPDATES.—Not later than July 31, 2007, ments identified under section —103(a)(4), ex- Sec. —101. Short title; table of contents. and annually thereafter, the Secretary of cluding routine, ongoing personnel costs. Sec. —102. Findings and purpose. Homeland Security shall— (c) CONGRESSIONAL NOTIFICATION.—Not Sec. —103. Security assessments. (A) update the security assessments re- later than 3 days before the award of any Sec. —104. Security assistance grants. ferred to in this subsection; and grant under this section, the Secretary of Sec. —105. Intelligence sharing. (B) conduct security assessments of all Homeland Security shall notify the Com- Sec. —106. Research, development, and dem- public transportation agencies considered to mittee on Banking, Housing, and Urban Af- onstration grants. be at greatest risk of a terrorist attack. fairs of the Senate of the intent to award Sec. —107. Reporting requirements. (b) USE OF SECURITY ASSESSMENT INFORMA- such grant. Sec. —108. Authorization of appropriations. TION.—The Secretary of Homeland Security (d) PUBLIC TRANSPORTATION AGENCY RE- Sec. —109. Sunset provision. shall use the information collected under SPONSIBILITIES.—Each public transportation SEC. —102. FINDINGS AND PURPOSE. subsection (a)— agency that receives a grant under this sec- (a) FINDINGS.—Congress finds that— (1) to establish the process for developing tion shall— (1) public transportation systems through- security guidelines for public transportation (1) identify a security coordinator to co- out the world have been a primary target of security; and ordinate security improvements; terrorist attacks, causing countless death (2) to design a security improvement strat- (2) develop a comprehensive plan that dem- and injuries; egy that— onstrates the agency’s capacity for operating (2) 5,800 public transportation agencies op- (A) minimizes terrorist threats to public and maintaining the equipment purchased erate in the United States; transportation systems; and under this section; and

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(3) report annually to the Department of (C) the Committee on Appropriations of (1) VULNERABILITY AND RISK ASSESSMENT.— Homeland Security on the use of grant funds the Senate. The Secretary of Homeland Security shall received under this section. (2) CONTENTS.—The report submitted under establish a task force, including the Trans- (e) RETURN OF MISSPENT GRANT FUNDS.—If paragraph (1) shall include— portation Security Administration, the De- the Secretary of Homeland Security deter- (A) a description of the implementation of partment of Transportation, and other ap- mines that a grantee used any portion of the the provisions of sections — 103 through 106; propriate agencies, to complete a vulner- grant funds received under this section for a (B) the amount of funds appropriated to ability and risk assessment of freight and purpose other than the allowable uses speci- carry out the provisions of each of sections passenger rail transportation (encompassing fied for that grant under this section, the — 103 through 106 that have not been ex- railroads, as that term is defined in section grantee shall return any amount so used to pended or obligated; and 20102(1) of title 49, United States Code). The the Treasury of the United States. (C) the state of public transportation secu- assessment shall include— SEC. —105. INTELLIGENCE SHARING. rity in the United States. (A) a methodology for conducting the risk (a) INTELLIGENCE SHARING.—The Secretary (b) ANNUAL REPORT TO GOVERNORS.— assessment, including timelines, that ad- of Homeland Security shall ensure that the (1) IN GENERAL.—Not later than March 31 of dresses how the Department of Homeland Se- Department of Transportation receives ap- each year, the Secretary of Homeland Secu- curity will work with the entities describe in propriate and timely notification of all cred- rity shall submit a report to the Governor of subsection (b) and make use of existing Fed- ible terrorist threats against public trans- each State with a public transportation eral expertise within the Department of portation assets in the United States. agency that has received a grant under this Homeland Security, the Department of (b) INFORMATION SHARING ANALYSIS CEN- title. Transportation, and other appropriate agen- TER.— (2) CONTENTS.—The report submitted under cies; (1) ESTABLISHMENT.—The Secretary of paragraph (1) shall specify— (B) identification and evaluation of critical Homeland Security shall provide sufficient (A) the amount of grant funds distributed assets and infrastructures; financial assistance for the reasonable costs to each such public transportation agency; (C) identification of vulnerabilities and of the Information Sharing and Analysis and risks to those assets and infrastructures; Center for Public Transportation (referred to (B) the use of such grant funds. (D) identification of vulnerabilities and in this subsection as the ‘‘ISAC’’) established SEC. —108. AUTHORIZATION OF APPROPRIA- pursuant to Presidential Directive 63, to pro- TIONS. risks that are specific to the transportation of hazardous materials via railroad; tect critical infrastructure. (a) CAPITAL SECURITY ASSISTANCE PRO- (E) identification of security weaknesses in (2) PUBLIC TRANSPORTATION AGENCY PAR- GRAM.—There are authorized to be appro- TICIPATION.—The Secretary of Homeland Se- priated $2,370,000,000 for fiscal year 2007 to passenger and cargo security, transportation curity— carry out the provisions of section —104(a), infrastructure, protection systems, proce- (A) shall require those public transpor- which shall remain available until expended. dural policies, communications systems, em- tation agencies that the Secretary deter- (b) OPERATIONAL SECURITY ASSISTANCE ployee training, emergency response plan- mines to be at significant risk of terrorist PROGRAM.—There are authorized to be appro- ning, and any other area identified by the as- attack to participate in the ISAC; priated to carry out the provisions of section sessment; and (B) shall encourage all other public trans- —104(b)— (F) an account of actions taken or planned portation agencies to participate in the (1) $534,000,000 for fiscal year 2007; by both public and private entities to ad- ISAC; and (2) $333,000,000 for fiscal year 2008; and dress identified rail security issues and as- (C) shall not charge a fee to any public (3) $133,000,000 for fiscal year 2009. sess the effective integration of such actions. transportation agency for participating in (c) INTELLIGENCE.—There are authorized to (2) RECOMMENDATIONS.—Based on the as- the ISAC. be appropriated such sums as may be nec- sessment conducted under paragraph (1), the SEC. —106. RESEARCH, DEVELOPMENT, AND DEM- essary to carry out the provisions of section Secretary, in consultation with the Sec- ONSTRATION GRANTS. —105. retary of Transportation, shall develop (a) GRANTS AUTHORIZED.—The Secretary of (d) RESEARCH.—There are authorized to be prioritized recommendations for improving Homeland Security, in consultation with the appropriated $130,000,000 for fiscal year 2007 rail security, including any recommenda- Federal Transit Administration, shall award to carry out the provisions of section —106, tions the Secretary has for— grants to public or private entities to con- which shall remain available until expended. (A) improving the security of rail tunnels, duct research into, and demonstrate, tech- SEC. —109. SUNSET PROVISION. rail bridges, rail switching and car storage nologies and methods to reduce and deter The authority to make grants under this areas, other rail infrastructure and facilities, terrorist threats or mitigate damages result- title shall expire on October 1, 2009. information systems, and other areas identi- ing from terrorist attacks against public TITLE —IMPROVED RAIL SECURITY fied by the Secretary as posing significant transportation systems. rail-related risks to public safety and the (b) USE OF FUNDS.—Grants awarded under SEC. —201. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This title may be cited movement of interstate commerce, taking subsection (a) may be used to— into account the impact that any proposed (1) research chemical, biological, radio- as the ‘‘Rail Security Act of 2006’’. security measure might have on the provi- logical, or explosive detection systems that (b) TABLE OF CONTENTS.—The table of con- sion of rail service; do not significantly impede passenger access; tents for this title is as follows: (B) deploying equipment to detect explo- (2) research imaging technologies; Sec. —201. Short title; table of contents. sives and hazardous chemical, biological, and (3) conduct product evaluations and test- Sec. —202. Rail transportation security risk radioactive substances, and any appropriate ing; and assessment. countermeasures; (4) research other technologies or methods Sec. —203. Systemwide AMTRAK security (C) training appropriate railroad or rail- for reducing or deterring terrorist attacks upgrades. road shipper employees in terrorism preven- against public transportation systems, or Sec. —204. Fire and life-safety improve- tion, passenger evacuation, and response ac- mitigating damage from such attacks. ments. (c) REPORTING REQUIREMENT.—Each entity Sec. —205. Freight and passenger rail secu- tivities; that receives a grant under this section shall rity upgrades. (D) conducting public outreach campaigns report annually to the Department of Home- Sec. —206. Rail security research and devel- on passenger railroads; land Security on the use of grant funds re- opment. (E) deploying surveillance equipment; and ceived under this section. Sec. —207. Oversight and grant procedures. (F) identifying the immediate and long- Sec. —208. AMTRAK plan to assist families (d) RETURN OF MISSPENT GRANT FUNDS.—If term costs of measures that may be required the Secretary of Homeland Security deter- of passengers involved in rail to address those risks. mines that a grantee used any portion of the passenger accidents. (3) PLANS.—The report required by sub- Sec. —209. Northern border rail passenger grant funds received under this section for a section (c) shall include— report. purpose other than the allowable uses speci- (A) a plan, developed in consultation with Sec. —210. Rail worker security training fied under subsection (b), the grantee shall the freight and intercity passenger railroads, program. and State and local governments, for the return any amount so used to the Treasury Sec. —211. Whistleblower protection pro- Federal government to provide increased se- of the United States. gram. curity support at high or severe threat levels SEC. —107. REPORTING REQUIREMENTS. Sec. —212. High hazard material security (a) SEMI-ANNUAL REPORT TO CONGRESS.— threat mitigation plans. of alert; (1) IN GENERAL.—Not later than March 31 Sec. —213. Memorandum of agreement. (B) a plan for coordinating existing and and September 30 of each year, the Secretary Sec. —214. Rail security enhancements. planned rail security initiatives undertaken of Homeland Security shall submit a report, Sec. —215. Public awareness. by the public and private sectors; and containing the information described in Sec. —216. Railroad high hazard material (C) a contingency plan, developed in con- paragraph (2), to— tracking. junction with freight and intercity and com- (A) the Committee on Banking, Housing, Sec. —217. Authorization of appropriations. muter passenger railroads, to ensure the con- and Urban Affairs of the Senate; SEC. —202. RAIL TRANSPORTATION SECURITY tinued movement of freight and passengers (B) the Committee on Homeland Security RISK ASSESSMENT. in the event of an attack affecting the rail- and Governmental Affairs of the Senate; and (a) IN GENERAL.— road system, which shall contemplate—

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If the Secretary determines that a plan a bridge, tunnel, yard, or station; and (d) AVAILABILITY OF FUNDS.—Out of funds is incomplete or deficient, the Secretary (ii) methods of continuing railroad service appropriated pursuant to section 114(u) of shall notify Amtrak of the incomplete items in the Northeast Corridor in the event of a title 49, United States Code, there shall be or deficiencies and Amtrak shall, within 30 commercial power loss, or catastrophe af- made available to the Secretary of Homeland days after receiving the Secretary’s notifica- fecting a critical bridge, tunnel, yard, or sta- Security and the Assistant Secretary of tion, submit a modified plan for the Sec- tion. Homeland Security (Transportation Security retary’s review. Within 15 days after receiv- (b) CONSULTATION; USE OF EXISTING RE- Administration) to carry out this section— ing additional information on items pre- SOURCES.—In carrying out the assessment (1) $63,500,000 for fiscal year 2007; viously included in the plan, and within 45 and developing the recommendations and (2) $30,000,000 for fiscal year 2008; and days after receiving items newly included in plans required by subsection (a), the Sec- (3) $30,000,000 for fiscal year 2009. a modified plan, the Secretary shall either retary of Homeland Security shall consult Amounts appropriated pursuant to this sub- approve the modified plan, or, if the Sec- with rail management, rail labor, owners or section shall remain available until ex- retary finds the plan is still incomplete or lessors of rail cars used to transport haz- pended. deficient, the Secretary shall identify in ardous materials, first responders, shippers SEC. —204. FIRE AND LIFE-SAFETY IMPROVE- writing to the Senate Committee on Com- of hazardous materials, public safety offi- MENTS. merce, Science, and Transportation, the cials, and other relevant parties. (a) LIFE-SAFETY NEEDS.—The Secretary of House of Representatives Committee on (c) REPORT.— Transportation, in consultation with the Transportation and Infrastructure, and the (1) CONTENTS.—Within 180 days after the Secretary of Homeland Security, is author- House of Representatives Committee on date of enactment of this Act, the Secretary ized to make grants to Amtrak for the pur- Homeland Security the portions of the plan shall transmit to the Senate Committee on pose of making fire and life-safety improve- the Secretary finds incomplete or deficient, Commerce, Science, and Transportation, the ments to Amtrak tunnels on the Northeast approve all other portions of the plan, obli- House of Representatives Committee on Corridor in New York, NY, Baltimore, MD, gate the funds associated with those other Transportation and Infrastructure, and the and Washington, DC. portions, and execute an agreement with House of Representatives Committee on (b) AUTHORIZATION OF APPROPRIATIONS.— Amtrak within 15 days thereafter on a proc- Homeland Security a report containing the Out of funds appropriated pursuant to sec- ess for resolving the remaining portions of assessment, prioritized recommendations, tion —217(b) of this title, there shall be made the plan. and plans required by subsection (a) and an available to the Secretary of Transportation (g) FINANCIAL CONTRIBUTION FROM OTHER estimate of the cost to implement such rec- for the purposes of carrying out subsection TUNNEL USERS.—The Secretary shall, taking ommendations. (a) the following amounts: into account the need for the timely comple- (2) FORMAT.—The Secretary may submit (1) For the 6 New York tunnels to provide tion of all portions of the tunnel projects de- the report in both classified and redacted ventilation, electrical, and fire safety tech- scribed in subsection (a)— formats if the Secretary determines that nology upgrades, emergency communication (1) consider the extent to which rail car- such action is appropriate or necessary. and lighting systems, and emergency access riers other than Amtrak use or plan to use (d) ANNUAL UPDATES.—The Secretary, in and egress for passengers— the tunnels; consultation with the Secretary of Transpor- (A) $190,000,000 for fiscal year 2007; (2) consider the feasibility of seeking a fi- tation, shall update the assessment and rec- (B) $190,000,000 for fiscal year 2008; and nancial contribution from those other rail ommendations each year and transmit a re- (C) $190,000,000 for fiscal year 2009. carriers toward the costs of the projects; and port, which may be submitted in both classi- (2) For the Baltimore & Potomac tunnel (3) obtain financial contributions or com- fied and redacted formats, to the Commit- and the Union tunnel, together, to provide mitments from such other rail carriers at tees named in subsection (c)(1), containing adequate drainage, ventilation, communica- levels reflecting the extent of their use or the updated assessment and recommenda- tion, lighting, and passenger egress up- planned use of the tunnels, if feasible. tions. grades— SEC. —205. FREIGHT AND PASSENGER RAIL SE- (e) FUNDING.—Out of funds appropriated (A) $19,000,000 for fiscal year 2007; CURITY UPGRADES. pursuant to section 114(u) of title 49, United (B) $19,000,000 for fiscal year 2008; and (a) SECURITY IMPROVEMENT GRANTS.—The States Code, there shall be made available to (C) $19,000,000 for fiscal year 2009. Secretary of Homeland Security, through the Secretary of Homeland Security to carry (3) For the Washington, DC, Union Station the Assistant Secretary of Homeland Secu- out this section $5,000,000 for fiscal year 2007. tunnels to improve ventilation, communica- rity (Transportation Security Administra- SEC. —203. SYSTEMWIDE AMTRAK SECURITY UP- tion, lighting, and passenger egress up- tion) and other appropriate agencies, is au- GRADES. grades— thorized to make grants to freight railroads, (a) IN GENERAL.—Subject to subsection (c) (A) $13,333,000 for fiscal year 2007; the Alaska Railroad, hazardous materials the Secretary of Homeland Security, in con- (B) $13,333,000 for fiscal year 2008; and shippers, owners of rail cars used in the sultation with the Assistant Secretary of (C) $13,333,000 for fiscal year 2009. transportation of hazardous materials, uni- Homeland Security (Transportation Security (c) INFRASTRUCTURE UPGRADES.—Out of versities, colleges and research centers, Administration), is authorized to make funds appropriated pursuant to section State and local governments (for rail pas- grants to Amtrak— —217(b) of this title, there shall be made senger facilities and infrastructure not (1) to secure major tunnel access points available to the Secretary of Transportation owned by Amtrak), and, through the Sec- and ensure tunnel integrity in New York, for fiscal year 2007 $3,000,000 for the prelimi- retary of Transportation, to Amtrak, for full Baltimore, and Washington, DC; nary design of options for a new tunnel on a or partial reimbursement of costs incurred in (2) to secure Amtrak trains; different alignment to augment the capacity the conduct of activities to prevent or re- (3) to secure Amtrak stations; of the existing Baltimore tunnels. spond to acts of terrorism, sabotage, or other (4) to obtain a watch list identification (d) AVAILABILITY OF APPROPRIATED intercity passenger rail and freight rail secu- system approved by the Secretary; FUNDS.—Amounts made available pursuant rity vulnerabilities and risks identified (5) to obtain train tracking and interoper- to this section shall remain available until under section —202, including— able communications systems that are co- expended. (1) security and redundancy for critical ordinated to the maximum extent possible; (e) PLANS REQUIRED.—The Secretary of communications, computer, and train con- (6) to hire additional police and security Transportation may not make amounts trol systems essential for secure rail oper- officers, including canine units; available to Amtrak for obligation or ex- ations; (7) to expand emergency preparedness ef- penditure under subsection (a)— (2) accommodation of rail cargo or pas- forts; and (1) until Amtrak has submitted to the Sec- senger screening equipment at the United (8) for employee security training. retary, and the Secretary has approved, an States-Mexico border, the United States- (b) CONDITIONS.—The Secretary of Trans- engineering and financial plan for such Canada border, or other ports of entry; portation shall disburse funds to Amtrak projects; and (3) the security of hazardous material provided under subsection (a) for projects (2) unless, for each project funded pursuant transportation by rail; contained in a systemwide security plan ap- to this section, the Secretary has approved a (4) secure intercity passenger rail stations, proved by the Secretary of Homeland Secu- project management plan prepared by Am- trains, and infrastructure; rity. The plan shall include appropriate trak addressing appropriate project budget, (5) structural modification or replacement measures to address security awareness, construction schedule, recipient staff organi- of rail cars transporting high hazard mate- emergency response, and passenger evacu- zation, document control and record keep- rials to improve their resistance to acts of ation training. ing, change order procedure, quality control terrorism; (c) EQUITABLE GEOGRAPHIC ALLOCATION.— and assurance, periodic plan updates, and (6) employee security awareness, prepared- The Secretary shall ensure that, subject to periodic status reports. ness, passenger evacuation, and emergency meeting the highest security needs on Am- (f) REVIEW OF PLANS.—The Secretary of response training; trak’s entire system and consistent with the Transportation shall complete the review of (7) public security awareness campaigns for risk assessment required under section —202, the plans required by paragraphs (1) and (2) passenger train operations; stations and facilities located outside of the of subsection (e) and approve or disapprove (8) the sharing of intelligence and informa- Northeast Corridor receive an equitable the plans within 45 days after the date on tion about security threats;

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.071 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3827 (9) to obtain train tracking and interoper- (D) emergency response training; the grant procedures established under sec- able communications systems that are co- (4) test wayside detectors that can detect tion 70107 of title 46, United States Code. ordinated to the maximum extent possible; tampering with railroad equipment; SEC. —208. AMTRAK PLAN TO ASSIST FAMILIES (10) to hire additional police and security (5) support enhanced security for the trans- OF PASSENGERS INVOLVED IN RAIL officers, including canine units; and portation of hazardous materials by rail, in- PASSENGER ACCIDENTS. (11) other improvements recommended by cluding— (a) IN GENERAL.—Chapter 243 of title 49, the report required by section —202, includ- (A) technologies to detect a breach in a United States Code, is amended by adding at ing infrastructure, facilities, and equipment tank car or other rail car used to transport the end the following: upgrades. hazardous materials and transmit informa- ‘‘§ 24316. Plans to address needs of families of (b) ACCOUNTABILITY.—The Secretary shall tion about the integrity of cars to the train passengers involved in rail passenger acci- adopt necessary procedures, including au- crew or dispatcher; dents dits, to ensure that grants made under this (B) research to improve tank car integrity, ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 section are expended in accordance with the with a focus on tank cars that carry high months after the date of the enactment of purposes of this title and the priorities and hazard materials (as defined in section other criteria developed by the Secretary. the Rail Security Act of 2006, Amtrak shall —205(g) of this title; and submit to the Chairman of the National (c) ALLOCATION.—The Secretary shall dis- (C) techniques to transfer hazardous mate- tribute the funds authorized by this section Transportation Safety Board, the Secretary rials from rail cars that are damaged or oth- of Transportation, and the Secretary of based on risk and vulnerability as deter- erwise represent an unreasonable risk to mined under section —202, and shall encour- Homeland Security a plan for addressing the human life or public safety; and needs of the families of passengers involved age non-Federal financial participation in (6) other projects that address awarding grants. With respect to grants for in any rail passenger accident involving an vulnerabilities and risks identified under intercity passenger rail security, the Sec- Amtrak intercity train and resulting in a section —202. retary shall also take into account passenger loss of life. (b) COORDINATION WITH OTHER RESEARCH volume and whether a station is used by ‘‘(b) CONTENTS OF PLANS.—The plan to be INITIATIVES.—The Secretary of Homeland Se- submitted by Amtrak under subsection (a) commuter rail passengers as well as inter- curity shall ensure that the research and de- shall include, at a minimum, the following: city rail passengers. velopment program authorized by this sec- (d) CONDITIONS.—The Secretary of Trans- ‘‘(1) A process by which Amtrak will main- tion is coordinated with other research and portation may not disburse funds to Amtrak tain and provide to the National Transpor- development initiatives at the Department under subsection (a) unless Amtrak meets tation Safety Board and the Secretary of of Homeland Security and the Department of the conditions set forth in section —203(b) of Transportation, immediately upon request, a Transportation. The Secretary shall carry this title. list (which is based on the best available in- out any research and development project (e) ALLOCATION BETWEEN RAILROADS AND formation at the time of the request) of the authorized by this section through a reim- OTHERS.—Unless as a result of the assess- names of the passengers aboard the train bursable agreement with the Secretary of ment required by section —202 the Secretary (whether or not such names have been Transportation, if the Secretary of Transpor- of Homeland Security determines that crit- verified), and will periodically update the tation— ical rail transportation security needs re- list. The plan shall include a procedure, with (1) is already sponsoring a research and de- quire reimbursement in greater amounts to respect to unreserved trains and passengers velopment project in a similar area; or any eligible entity, no grants under this sec- not holding reservations on other trains, for (2) has a unique facility or capability that tion may be made— Amtrak to use reasonable efforts to ascer- would be useful in carrying out the project. (1) in excess of $45,000,000 to Amtrak; or tain the number and names of passengers (c) GRANTS AND ACCOUNTABILITY.—To carry (2) in excess of $80,000,000 for the purposes aboard a train involved in an accident. described in paragraphs (3) and (5) of sub- out the research and development program, the Secretary may award grants to the enti- ‘‘(2) A plan for creating and publicizing a section (a). reliable, toll-free telephone number within 4 (f) AUTHORIZATION OF APPROPRIATIONS.— ties described in section —205(a) and shall hours after such an accident occurs, and for Out of funds appropriated pursuant to sec- adopt necessary procedures, including au- providing staff, to handle calls from the fam- tion 114(u) of title 49, United States Code, dits, to ensure that grants made under this ilies of the passengers. there shall be made available to the Sec- section are expended in accordance with the ‘‘(3) A process for notifying the families of retary of Homeland Security to carry out purposes of this title and the priorities and the passengers, before providing any public this section— other criteria developed by the Secretary. notice of the names of the passengers, by (1) $100,000,000 for fiscal year 2007; (d) AUTHORIZATION OF APPROPRIATIONS.— suitably trained individuals. (2) $100,000,000 for fiscal year 2008; and Out of funds appropriated pursuant to sec- ‘‘(4) A process for providing the notice de- (3) $100,000,000 for fiscal year 2009. tion 114(u) of title 49, United States Code, Amounts made available pursuant to this there shall be made available to the Sec- scribed in paragraph (2) to the family of a subsection shall remain available until ex- retary of Homeland Security to carry out passenger as soon as Amtrak has verified pended. this section— that the passenger was aboard the train (g) HIGH HAZARD MATERIALS DEFINED.—In (1) $35,000,000 for fiscal year 2007; (whether or not the names of all of the pas- this section, the term ‘‘high hazard mate- (2) $35,000,000 for fiscal year 2008; and sengers have been verified). rials’’ means quantities of poison inhalation (3) $35,000,000 for fiscal year 2009. ‘‘(5) A process by which the family of each hazard materials, Class 2.3 gases, Class 6.1 Amounts made available pursuant to this passenger will be consulted about the dis- materials, and anhydrous ammonia that the subsection shall remain available until ex- position of all remains and personal effects Secretary, in consultation with the Sec- pended. of the passenger within Amtrak’s control; retary of Transportation, determines pose a SEC. —207. OVERSIGHT AND GRANT PROCE- that any possession of the passenger within security risk. DURES. Amtrak’s control will be returned to the SEC. —206. RAIL SECURITY RESEARCH AND DE- (a) SECRETARIAL OVERSIGHT.—The Sec- family unless the possession is needed for the VELOPMENT. retary of Homeland Security may use up to accident investigation or any criminal inves- (a) ESTABLISHMENT OF RESEARCH AND DE- 0.5 percent of amounts made available for tigation; and that any unclaimed possession VELOPMENT PROGRAM.—The Secretary of capital projects under the Rail Security Act of a passenger within Amtrak’s control will Homeland Security, through the Under Sec- of 2006 to enter into contracts for the review be retained by the rail passenger carrier for retary for Science and Technology and the of proposed capital projects and related pro- at least 18 months. Assistant Secretary of Homeland Security gram management plans and to oversee con- ‘‘(6) A process by which the treatment of (Transportation Security Administration), struction of such projects. the families of nonrevenue passengers will be in consultation with the Secretary of Trans- (b) USE OF FUNDS.—The Secretary may use the same as the treatment of the families of portation shall carry out a research and de- amounts available under subsection (a) of revenue passengers. velopment program for the purpose of im- this subsection to make contracts to audit ‘‘(7) An assurance that Amtrak will pro- proving freight and intercity passenger rail and review the safety, procurement, manage- vide adequate training to its employees and security that may include research and de- ment, and financial compliance of a recipi- agents to meet the needs of survivors and velopment projects to— ent of amounts under this title. family members following an accident. (1) reduce the vulnerability of passenger (c) PROCEDURES FOR GRANT AWARD.—The ‘‘(c) USE OF INFORMATION.—The National trains, stations, and equipment to explosives Secretary shall, within 90 days after the date Transportation Safety Board, the Secretary and hazardous chemical, biological, and ra- of enactment of this Act, prescribe proce- of Transportation, and Amtrak may not re- dioactive substances; dures and schedules for the awarding of lease any personal information on a list ob- (2) test new emergency response techniques grants under this title, including application tained under subsection (b)(1) but may pro- and technologies; and qualification procedures (including a re- vide information on the list about a pas- (3) develop improved freight technologies, quirement that the applicant have a security senger to the family of the passenger to the including— plan), and a record of decision on applicant extent that the Board or Amtrak considers (A) technologies for sealing rail cars; eligibility. The procedures shall include the appropriate. (B) automatic inspection of rail cars; execution of a grant agreement between the ‘‘(d) LIMITATION ON LIABILITY.—Amtrak (C) communication-based train controls; grant recipient and the Secretary and shall shall not be liable for damages in any action and be consistent, to the extent practicable, with brought in a Federal or State court arising

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.071 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3828 CONGRESSIONAL RECORD — SENATE May 1, 2006 out of the performance of Amtrak in pre- (8) an analysis of the feasibility of rein- best practices for a rail shipper employee se- paring or providing a passenger list, or in stating in-transit inspections onboard inter- curity program containing the elements list- providing information concerning a train national Amtrak trains. ed under subsection (b) as appropriate. reservation, pursuant to a plan submitted by SEC. —210. RAIL WORKER SECURITY TRAINING SEC. —211. WHISTLEBLOWER PROTECTION PRO- Amtrak under subsection (b), unless such li- PROGRAM. GRAM. ability was caused by Amtrak’s conduct. (a) IN GENERAL.—Not later than 180 days (a) IN GENERAL.—Subchapter A of chapter ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- after the date of enactment of this Act, the 201 of title 49, United States Code, is amend- TION.—Nothing in this section may be con- Secretary of Homeland Security and the Sec- ed by inserting after section 20117 the fol- strued as limiting the actions that Amtrak retary of Transportation, in consultation lowing: may take, or the obligations that Amtrak with appropriate law enforcement, security, ‘‘§ 20118. Whistleblower protection for rail se- may have, in providing assistance to the and terrorism experts, representatives of curity matters railroad carriers, and nonprofit employee or- families of passengers involved in a rail pas- ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— senger accident. ganizations that represent rail workers, shall develop and issue detailed guidance for No rail carrier engaged in interstate or for- ‘‘(f) FUNDING.—Out of funds appropriated a rail worker security training program to eign commerce may discharge a railroad em- pursuant to section —217(b) of the Rail Secu- prepare front-line workers for potential ployee or otherwise discriminate against a rity Act of 2006, there shall be made avail- threat conditions. The guidance shall take railroad employee because the employee (or able to the Secretary of Transportation for into consideration any current security any person acting pursuant to a request of the use of Amtrak $500,000 for fiscal year 2007 training requirements or best practices. the employee)— to carry out this section. Amounts made (b) PROGRAM ELEMENTS.—The guidance de- ‘‘(1) provided, caused to be provided, or is available pursuant to this subsection shall veloped under subsection (a) shall include about to provide or cause to be provided, to remain available until expended.’’. elements, as appropriate to passenger and the employer or the Federal Government in- (b) CONFORMING AMENDMENT.—The chapter freight rail service, that address the fol- formation relating to a reasonably perceived analysis for chapter 243 of title 49, United lowing: threat, in good faith, to security; or States Code, is amended by adding at the end (1) Determination of the seriousness of any ‘‘(2) provided, caused to be provided, or is the following: occurrence. about to provide or cause to be provided, tes- (2) Crew communication and coordination. timony before Congress or at any Federal or ‘‘24316. Plan to assist families of passengers (3) Appropriate responses to defend or pro- State proceeding regarding a reasonably per- involved in rail passenger acci- tect oneself. ceived threat, in good faith, to security; or dents.’’. (4) Use of protective devices. ‘‘(3) refused to violate or assist in the vio- SEC. —209. NORTHERN BORDER RAIL PAS- (5) Evacuation procedures. lation of any law, rule or regulation related SENGER REPORT. (6) Psychology of terrorists to cope with to rail security. Within 180 days after the date of enact- hijacker behavior and passenger responses. ‘‘(b) DISPUTE RESOLUTION.—A dispute, ment of this Act, the Secretary of Homeland (7) Situational training exercises regarding grievance, or claim arising under this sec- Security, in consultation with the Assistant various threat conditions. tion is subject to resolution under section 3 Secretary of Homeland Security (Transpor- (8) Any other subject the Secretary con- of the Railway Labor Act (45 U.S.C. 153). In tation Security Administration), the Sec- siders appropriate. a proceeding by the National Railroad Ad- retary of Transportation, heads of other ap- (c) RAILROAD CARRIER PROGRAMS.—Not justment Board, a division or delegate of the propriate Federal departments, and agencies later than 90 days after the Secretary of Board, or another board of adjustment estab- and the National Railroad Passenger Cor- Homeland Security issues guidance under lished under section 3 to resolve the dispute, poration, shall transmit a report to the Sen- subsection (a) in final form, each railroad grievance, or claim the proceeding shall be ate Committee on Commerce, Science, and carrier shall develop a rail worker security expedited and the dispute, grievance, or Transportation, the House of Representa- training program in accordance with that claim shall be resolved not later than 180 tives Committee on Transportation and In- guidance and submit it to the Secretary for days after it is filed. If the violation is a frastructure, and the House of Representa- review. Not later than 30 days after receiving form of discrimination that does not involve tives Committee on Homeland Security that a railroad carrier’s program under this sub- discharge, suspension, or another action af- contains— section, the Secretary shall review the pro- fecting pay, and no other remedy is available (1) a description of the current system for gram and transmit comments to the railroad under this subsection, the Board, division, screening passengers and baggage on pas- carrier concerning any revisions the Sec- delegate, or other board of adjustment may senger rail service between the United States retary considers necessary for the program award the employee reasonable damages, in- and Canada; to meet the guidance requirements. A rail- cluding punitive damages, of not more than (2) an assessment of the current program road carrier shall respond to the Secretary’s $20,000. to provide preclearance of airline passengers comments within 30 days after receiving ‘‘(c) PROCEDURAL REQUIREMENTS.—Except between the United States and Canada as them. as provided in subsection (b), the procedure outlined in ‘‘The Agreement on Air Trans- (d) TRAINING.—Not later than 1 year after set forth in section 42121(b)(2)(B) of this title, port Preclearance between the Government the Secretary reviews the training program including the burdens of proof, applies to any of Canada and the Government of the United developed by a railroad carrier under this complaint brought under this section. States of America’’, dated January 18, 2001; section, the railroad carrier shall complete ‘‘(d) ELECTION OF REMEDIES.—An employee (3) an assessment of the current program the training of all front-line workers in ac- of a railroad carrier may not seek protection to provide preclearance of freight railroad cordance with that program. The Secretary under both this section and another provi- traffic between the United States and Can- shall review implementation of the training sion of law for the same allegedly unlawful ada as outlined in the ‘‘Declaration of Prin- program of a representative sample of rail- act of the carrier. ciple for the Improved Security of Rail Ship- road carriers and report to the Senate Com- ‘‘(e) DISCLOSURE OF IDENTITY.— ments by Canadian National Railway and mittee on Commerce, Science, and Transpor- ‘‘(1) Except as provided in paragraph (2) of tation, the House of Representatives Com- Canadian Pacific Railway from Canada to this subsection, or with the written consent mittee on Transportation and Infrastruc- the United States’’, dated April 2, 2003; of the employee, the Secretary of Transpor- ture, and the House of Representatives Com- (4) information on progress by the Depart- tation may not disclose the name of an em- mittee on Homeland Security on the number ment of Homeland Security and other Fed- ployee of a railroad carrier who has provided of reviews conducted and the results. The eral agencies towards finalizing a bilateral information about an alleged violation of Secretary may submit the report in both protocol with Canada that would provide for this section. classified and redacted formats as necessary. preclearance of passengers on trains oper- ‘‘(2) The Secretary shall disclose to the At- (e) UPDATES.—The Secretary shall update torney General the name of an employee de- ating between the United States and Canada; the training guidance issued under sub- scribed in paragraph (1) of this subsection if (5) a description of legislative, regulatory, section (a) as appropriate to reflect new or the matter is referred to the Attorney Gen- budgetary, or policy barriers within the different security threats. Railroad carriers eral for enforcement.’’. United States Government to providing pre- shall revise their programs accordingly and (b) CONFORMING AMENDMENT.—The chapter screened passenger lists for rail passengers provide additional training to their front- analysis for chapter 201 of title 49, United traveling between the United States and line workers within a reasonable time after States Code, is amended by inserting after Canada to the Department of Homeland Se- the guidance is updated. the item relating to section 20117 the fol- curity; (f) FRONT-LINE WORKERS DEFINED.—In this (6) a description of the position of the Gov- section, the term ‘‘front-line workers’’ lowing: ernment of Canada and relevant Canadian means security personnel, dispatchers, train ‘‘20118. Whistleblower protection for rail se- agencies with respect to preclearance of such operators, other onboard employees, mainte- curity matters.’’. passengers; nance and maintenance support personnel, SEC. —212. HIGH HAZARD MATERIAL SECURITY (7) a draft of any changes in existing Fed- bridge tenders, as well as other appropriate THREAT MITIGATION PLANS. eral law necessary to provide for pre-screen- employees of railroad carriers, as defined by (a) IN GENERAL.—The Secretary of Home- ing of such passengers and providing pre- the Secretary. land Security, in consultation with the As- screened passenger lists to the Department (g) OTHER EMPLOYEES.—The Secretary of sistant Secretary of Homeland Security of Homeland Security; and Homeland Security shall issue guidance and (Transportation Security Administration)

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.072 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3829 and the Secretary of Transportation, shall enactment of this Act, the Secretary of any ongoing or planned efforts for rail car require rail carriers transporting a high haz- Transportation and the Secretary of Home- tracking at the Department of Transpor- ard material, as defined in section —205(g) of land Security shall execute and develop an tation; and this title and of a quantity equal or exceed- annex to the memorandum of agreement be- (B) ensure that the program is consistent ing the quantities of such material listed in tween the two departments signed on Sep- with recommendations and findings of the subpart 172.800, title 49, Federal Code of Reg- tember 28, 2004, governing the specific roles, Department of Homeland Security’s haz- ulations, to develop a high hazard material delineations of responsibilities, resources ardous material tank rail car tracking pilot security threat mitigation plan containing and commitments of the Department of programs. appropriate measures, including alternative Transportation and the Department of (b) FUNDING.—Out of funds appropriated routing and temporary shipment suspension Homeland Security, respectively, in address- pursuant to section 114(u) of title 49, United options, to address assessed risks to high ing railroad transportation security matters, States Code, there shall be made available to consequence targets. The plan, and any in- including the processes the departments will the Secretary of Homeland Security to carry formation submitted to the Secretary under follow to promote communications, effi- out this section $3,000,000 for each of fiscal this section shall be protected as sensitive ciency, and nonduplication of effort. years 2007, 2008, and 2009. security information under the regulations (b) RAIL SAFETY REGULATIONS.—Section SEC. —217. AUTHORIZATION OF APPROPRIA- prescribed under section 114(s) of title 49, 20103(a) of title 49, United States Code, is TIONS. United States Code. amended by striking ‘‘safety’’ the first place (a) TRANSPORTATION SECURITY ADMINISTRA- (b) IMPLEMENTATION.—A high hazard mate- it appears, and inserting ‘‘safety, including TION AUTHORIZATION.—Section 114 of title 49, rial security threat mitigation plan shall be security,’’. United States Code, is amended by adding at put into effect by a rail carrier for the ship- SEC. —214. RAIL SECURITY ENHANCEMENTS. the end thereof the following: ment of high hazardous materials by rail on (a) RAIL POLICE OFFICERS.—Section 28101 of ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— the rail carrier’s right-of-way when the title 49, United States Code, is amended— There are authorized to be appropriated to threat levels of the Homeland Security Advi- (1) by inserting ‘‘(a) IN GENERAL.—’’ before the Secretary of Homeland Security, (Trans- sory System are high or severe and specific ‘‘Under’’; and portation Security Administration) for rail intelligence of probable or imminent threat (2) by striking ‘‘the rail carrier’’ each place security— exists towards— it appears and inserting ‘‘any rail carrier’’. ‘‘(1) $206,500,000 for fiscal year 2007; (1) a high-consequence target that is with- (b) REVIEW OF RAIL REGULATIONS.—Within ‘‘(2) $168,000,000 for fiscal year 2008; and in the catastrophic impact zone of a railroad 1 year after the date of enactment of this ‘‘(3) $168,000,000 for fiscal year 2009.’’. right-of-way used to transport high haz- Act, the Secretary of Transportation, in con- (b) DEPARTMENT OF TRANSPORTATION.— ardous material; or sultation with the Secretary of Homeland There are authorized to be appropriated to (2) rail infrastructure or operations within Security and the Assistant Secretary of the Secretary of Transportation to carry out the immediate vicinity of a high-con- Homeland Security (Transportation Security this title and sections 20118 and 24316 of title sequence target. Administration), shall review existing rail 49, United States Code, as added by this (c) COMPLETION AND REVIEW OF PLANS.— regulations of the Department of Transpor- title— (1) PLANS REQUIRED.—Each rail carrier tation for the purpose of identifying areas in (1) $225,000,000 for fiscal year 2007; shall— which those regulations need to be revised to (2) $223,000,000 for fiscal year 2008; and (A) submit a list of routes used to trans- improve rail security. (3) $223,000,000 for fiscal year 2009. port high hazard materials to the Secretary SEC. —215. PUBLIC AWARENESS. TITLE —IMPROVED MARITIME of Homeland Security within 60 days after Not later than 90 days after the date of en- SECURITY the date of enactment of this Act; actment of this Act, the Secretary of Home- SEC. —301. SHORT TITLE; TABLE OF CONTENTS. (B) develop and submit a high hazard mate- land Security, in consultation with the Sec- (a) SHORT TITLE.—This title may be cited rial security threat mitigation plan to the retary of Transportation, shall develop a na- as the ‘‘Maritime and Transportation Secu- Secretary within 180 days after it receives tional plan for public outreach and aware- rity Act of 2006.’’ the notice of high consequence targets on ness. Such plan shall be designed to increase (b) TABLE OF CONTENTS.—The table of con- such routes by the Secretary; and awareness of measures that the general pub- tents for this title is as follows: (C) submit any subsequent revisions to the lic, railroad passengers, and railroad employ- plan to the Secretary within 30 days after ees can take to increase railroad system se- TITLE —IMPROVED MARITIME SECURITY making the revisions. curity. Such plan shall also provide outreach Sec. —301. Short title; table of contents. (2) REVIEW AND UPDATES.—The Secretary, to railroad carriers and their employees to Sec. —302. Establishment of additional with assistance of the Secretary of Transpor- improve their awareness of available tech- interagency operational centers tation, shall review the plans and transmit nologies, ongoing research and development for port security. comments to the railroad carrier concerning efforts, and available Federal funding Sec. —303. Area maritime transportation any revisions the Secretary considers nec- sources to improve railroad security. Not security plan to include salvage essary. A railroad carrier shall respond to later than 9 months after the date of enact- response plan. the Secretary’s comments within 30 days ment of this Act, the Secretary of Homeland Sec. —304. Assistance for foreign ports. after receiving them. Each rail carrier shall Security shall implement the plan developed Sec. —305. Specific port security initia- update and resubmit its plan for review not under this section. tives. less than every 2 years. SEC. —216. RAILROAD HIGH HAZARD MATERIAL Sec. —306. Technical requirements for (d) DEFINITIONS.—In this section: TRACKING. non-intrusive inspection equip- (1) The term ‘‘high-consequence target’’ (a) WIRELESS COMMUNICATIONS.— ment. means a building, buildings, infrastructure, (1) IN GENERAL.—In conjunction with the Sec. —307. Random inspection of con- public space, or natural resource designated research and development program estab- tainers. by the Secretary of Homeland Security that lished under section —206 and consistent Sec. —308. Port security user fee study. is viable terrorist target of national signifi- with the results of research relating to wire- Sec. —309. Port security grants. cance, the attack of which could result in— less tracking technologies, the Secretary of Sec. —310. Work stoppages and em- (A) catastrophic loss of life; and Homeland Security, in consultation with the ployee-employer disputes. (B) significantly damaged national secu- Assistant Secretary of Homeland Security Sec. —311. Inspection of car ferries en- rity and defense capabilities; or (Transportation Security Administration), tering from Canada. (C) national economic harm. shall develop a program that will encourage SEC. —302. ESTABLISHMENT OF ADDITIONAL (2) The term ‘‘catastrophic impact zone’’ the equipping of rail cars transporting high INTERAGENCY OPERATIONAL CEN- means the area immediately adjacent to, hazard materials (as defined in section TERS FOR PORT SECURITY. under, or above an active railroad right-of- —205(g) of this title) in quantities equal to or (a) IN GENERAL.—In order to improve inter- way used to ship high hazard materials in greater than the quantities specified in sub- agency cooperation, unity of command, and which the potential release or explosion of part 171.800 of title 49, Code of Federal Regu- the sharing of intelligence information in a the high hazard material being transported lations, with wireless terrestrial or satellite common mission to provide greater protec- would likely cause— communications technology that provides— tion for port and intermodal transportation (A) loss of life; or (A) car position location and tracking ca- systems against acts of terrorism, the Sec- (B) significant damage to property or pabilities; retary of Homeland Security, acting through structures. (B) notification of rail car depressuriza- the Commandant of the Coast Guard, shall (3) The term ‘‘rail carrier’’ has the mean- tion, breach, or unsafe temperature; and establish interagency operational centers for ing given that term by section 10102(5) of (C) notification of hazardous material re- port security at all high priority ports. title 49, United States Code. lease. (b) CHARACTERISTICS.—The interagency SEC. —213. MEMORANDUM OF AGREEMENT. (2) COORDINATION.—In developing the pro- operational centers shall— (a) MEMORANDUM OF AGREEMENT.—Similar gram required by paragraph (1), the Sec- (1) be based on the most appropriate to the public transportation security annex retary shall— compositional and operational characteris- between the two departments signed on Sep- (A) consult with the Secretary of Trans- tics of the pilot project interagency oper- tember 8, 2005, within 1 year after the date of portation to coordinate the program with ational centers for port security in Miami,

VerDate Aug 31 2005 03:52 May 02, 2006 Jkt 049060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.072 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3830 CONGRESSIONAL RECORD — SENATE May 1, 2006 Florida, Norfolk/Hampton Roads, Virginia, ‘‘(E) include a salvage response plan— ommendations for any additional measures Charleston, South Carolina, and San Diego, ‘‘(i) to identify salvage equipment capable to improve such security; California, and the virtual operation center of restoring operational trade capacity; and (B) an estimate of the number of ports in at the port of New York/New Jersey; ‘‘(ii) to ensure that the flow of cargo the Caribbean Basin that will not be secured (2) be adapted to meet the security needs, through United States ports is re-established by January 1, 2007, and an estimate of the fi- requirements, and resources of the individual as efficiently and quickly as possible after a nancial impact in the United States of any port area at which each is operating; transportation security incident.’’. action taken pursuant to section 70110 of (3) provide for participation by— SEC. —304. ASSISTANCE FOR FOREIGN PORTS. title 46, United States Code, that affects (A) representatives of the United States (a) IN GENERAL.—Section 70109 of title 46, trade between such ports and the United Customs and Border Protection, Immigra- United States Code, is amended— States; and tion and Customs Enforcement, the Trans- (1) by striking the section heading and in- (C) an assessment of the additional re- portation Security Administration, the De- serting the following: sources and program changes that are nec- partment of Defense, and other Federal agen- essary to maximize security at ports in the ‘‘§ 70109. International cooperation and co- cies, as determined to be appropriate by the Caribbean Basin; and ordination’’ ; and Secretary of Homeland Security; (2) may be submitted in both classified and (2) by adding at the end the following: (B) representatives of State and local law redacted formats. ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.— enforcement or port security agencies and (c) CONFORMING AMENDMENT.—The chapter ‘‘(1) IN GENERAL.—The Secretary, in con- personnel; and analysis for chapter 701 of title 46, United sultation with the Secretary of Transpor- (C) members of the area maritime security States Code, is amended by striking the item tation, the Secretary of State, the Secretary committee, as deemed appropriate by the relating to section 70901 and inserting the of Energy, and the Commandant of the captain of the port; following: United States Coast Guard, shall identify (4) be incorporated in the implementation ‘‘70901. International cooperation and coordi- foreign assistance programs that could fa- of— nation’’. cilitate implementation of port security (A) maritime transportation security plans antiterrorism measures in foreign countries. SEC. —305. SPECIFIC PORT SECURITY INITIA- developed under section 70103 of title 46, TIVES. The Secretary shall establish a program to United States Code; (a) IN GENERAL.—Chapter 701 of title 46, utilize those programs that are capable of (B) maritime intelligence activities under United States Code, is amended— implementing port security antiterrorism section 70113 of that title; (1) by redesignating the second section measures at ports in foreign countries that (C) short and long range vessel tracking 70118 (relating to withholding of clearance), the Secretary finds, under section 70108, to under sections 70114 and 70115 of that title; as added by section 802(a)(2) of the Coast lack effective antiterrorism measures. (D) secure transportation systems under Guard and Maritime Transportation Act of ‘‘(2) CARIBBEAN BASIN.—The Secretary, in section 70119 of that title; 2004, as section 70119; coordination with the Secretary of State and (E) the United States Customs and Border (2) by redesignating the first section 70119 in consultation with the Organization of Protection’s screening and high-risk cargo (relating to enforcement by State and local American States and the Commandant of the inspection programs; and officers), as added by section 801(a) of the United States Coast Guard, shall place par- (F) the transportation security incident re- Coast Guard and Maritime Transportation ticular emphasis on utilizing programs to fa- sponse plans required by section 70104 of that Act of 2004, as section 70120; cilitate the implementation of port security title. (3) by redesignating the second section antiterrorism measures at the ports located (c) 2005 ACT REPORT REQUIREMENT.—Noth- 70119 (relating to civil penalty), as redesig- ing in this section relieves the Commandant in the Caribbean Basin, as such ports pose nated by section 802(a)(1) of the Coast Guard of the Coast Guard from compliance with the unique security and safety threats to the and Maritime Transportation Act of 2004, as requirements of section 807 of the Coast United States due to— section 70122; Guard and Maritime Transportation Act of ‘‘(A) the strategic location of such ports (4) by striking section 70116; 2004. The Commandant shall utilize the in- between South America and United States; (5) by redesignating sections 70117 through formation developed in making the report ‘‘(B) the relative openness of such ports; 70122 (as redesignated) as sections 70120 required by that section in carrying out the and through 70126; and requirements of this section. ‘‘(C) the significant number of shipments (6) by inserting after section 70115 the fol- (d) BUDGET AND COST-SHARING ANALYSIS.— of narcotics to the United States that are lowing: Within 180 days after the date of enactment moved through such ports. ‘‘§ 70116. Automated targeting system of this Act, the Secretary shall transmit to ‘‘(d) INTERNATIONAL CARGO SECURITY the Senate Committee on Commerce, STANDARDS.—The Secretary, in consultation ‘‘(a) IN GENERAL.—The Secretary shall de- Science, and Transportation, the House of with the Secretary of State, shall enter into velop and maintain an antiterrorism cargo Representatives Committee on Transpor- negotiations with foreign governments and identification and screening system for con- tation and Infrastructure, and the House of international organizations, including the tainerized cargo shipped to the United States Representatives Committee on Homeland Se- International Maritime Organization, the either directly or via a foreign port to assess curity a proposed budget analysis for imple- World Customs Organization, and the Inter- imports and target those imports which pose menting subsection (a), including cost-shar- national Standards Organization, as appro- a high risk of containing contraband. ‘‘(b) 24-HOUR ADVANCE NOTIFICATION.—In ing arrangements with other Federal depart- priate— ments and agencies involved in the inter- order to provide the best possible data for ‘‘(1) to promote standards for the security the automated targeting system, the Sec- agency operation of the centers. of containers and other cargo moving within (e) SECURITY CLEARANCE ASSISTANCE.—The retary shall require importers shipping goods the international supply chain; to the United States via cargo container to Secretary of the department in which the ‘‘(2) to encourage compliance with min- Coast Guard is operating may assist non- supply advanced trade data not later than 24 imum technical requirements for the capa- hours before loading a container under the Federal personnel described in subsection bilities of nonintrusive inspection equip- (b)(3)(B) or (C) in obtaining expedited appro- advance notification requirements under sec- ment, including imaging and radiation de- tion 484(a)(2) of the Tariff Act of 1930 (19 priate security clearances and in and main- tection devices, established under section taining their security clearances. U.S.C. 1484(a)(2)). The requirement shall ——— of the Maritime and Transportation (f) SECURITY INCIDENTS.—During a trans- apply to goods entered after July 1, 2007. portation security incident (as defined in Security Act of 2006 Act; ‘‘(c) SECURE TRANSMISSION; CONFIDEN- section 70101(6) of title 46, United States ‘‘(3) to implement the requirements of the TIALITY.—All information required by the Code) involving a port, the Coast Guard Cap- container security initiative under section Secretary from supply chain partners under tain of the Port designated by the Com- 70117; and this section shall— mandant of the Coast Guard in each joint op- ‘‘(4) to implement standards and proce- ‘‘(1) be transmitted in a secure fashion, as erations center for maritime security shall dures established under section 70119.’’. determined by the Secretary, so as to pro- act as the incident commander, unless other- (b) REPORT ON SECURITY AT PORTS IN THE tect the information from unauthorized ac- wise directed under the National Maritime CARIBBEAN BASIN.—Not later than 180 days cess; and Transportation Security Plan established after the date of enactment of this Act, the ‘‘(2) shall not be subject to public disclo- under section 70103 of title 46, United States Comptroller General shall submit to the Sen- sure under section 552 of title 5. Code. ate Committee on Commerce, Science, and ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— SEC. —303. AREA MARITIME TRANSPORTATION Transportation, the House of Representa- ‘‘(1) There are authorized to be appro- SECURITY PLAN TO INCLUDE SAL- tives Committee on Transportation and In- priated to the Secretary of Homeland Secu- VAGE RESPONSE PLAN. frastructure, and the House of Representa- rity to carry out the automated targeting Section 70103(b)(2) of title 46, United States tives Committee on Homeland Security a re- system program to identify high-risk ocean- Code, is amended— port on the security of ports in the Carib- borne container cargo for inspection— (1) by redesignating subparagraphs (E) and bean Basin. The report— ‘‘(A) $30,700,000 for fiscal year 2007; (F) as subparagraphs (F) and (G), respec- (1) shall include— ‘‘(B) $33,200,000 for fiscal year 2008; and tively; and (A) an assessment of the effectiveness of ‘‘(C) $35,700,000 for fiscal year 2009. (2) by inserting after subparagraph (D) the the measures employed to improve security ‘‘(2) The amounts authorized by this sub- following: at ports in the Caribbean Basin and rec- section shall be in addition to any other

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amounts authorized to be appropriated to ‘‘(B) tracking member status. ‘‘(2) BENEFITS.—The expedited clearance carry out that program. ‘‘(b) HUMAN CAPITAL PLAN.—Within 6 provided under paragraph (1) to any eligible ‘‘§ 70117. Container security initiative months after the date of enactment of the entity may include— ‘‘(a) IN GENERAL.—The Secretary shall Transportation Security Improvement Act of ‘‘(A) the expedited release of GreenLane issue regulations to— 2005, the Secretary shall complete a human cargo into destination ports within the ‘‘(1) evaluate and screen cargo documents capital plan, that clearly describes how the United States during all threat levels des- prior to loading in a foreign port for ship- Customs-Trade Partnership Against Ter- ignated by the Secretary or the Com- ment to the United States, either directly or rorism program will recruit, train, and re- mandant of the Coast Guard; via a foreign port; and tain sufficient staff to conduct the work of ‘‘(B) reduced or eliminated bonding re- ‘‘(2) inspect high-risk cargo in a foreign the program successfully, including review- quirements for GreenLane cargo; port intended for shipment to the United ing security profiles, vetting, and conducting ‘‘(C) priority processing for searches; States by physical examination or nonintru- validations to mitigate program risk. ‘‘(D) further reduced scores in the auto- sive examination by technological means. ‘‘(c) REVALIDATION.—The Secretary shall mated targeting system; and ‘‘(b) IMPLEMENTATION.—The Commissioner establish a process for revalidating C–TPAT ‘‘(E) streamlined billing of any customs du- of Customs and Border Protection shall exe- participants. Such revalidation shall occur ties or fees. cute inspection and screening protocols with not less frequently than once during every 3- ‘‘(d) CONSEQUENCES OF LACK OF COMPLI- authorities in foreign ports to ensure that year period following validation. ANCE.— the standards and procedures promulgated ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—Any participant whose under subsection (a) are implemented in an There are authorized to be appropriated to security measures and supply chain security effective manner. the Secretary to carry out this section not practices have been determined by the Sec- ‘‘(c) APPLICATION OF CONTAINER SECURITY to exceed— retary to be out of compliance with any re- INITIATIVE TO OTHER PORTS.— ‘‘(1) $60,000,000 for fiscal year 2007; quirements of the program shall be denied ‘‘(1) IN GENERAL.—The Secretary, through ‘‘(2) $65,000,000 for fiscal year 2008; and benefits under the program. the Commissioner of Customs and Border ‘‘(3) $72,000,000 for fiscal year 2009. ‘‘(2) RIGHT OF APPEAL.—Any participant de- Protection, may designate foreign seaports termined by the Secretary under paragraph under this section if, with respect to any ‘‘§ 70119. Secure systems of transportation (1) not to be in compliance with the require- such seaport, the Secretary determines ‘‘(a) IN GENERAL.—The Secretary shall es- ments of the program may appeal that deter- that— tablish a program, to be known as the mination to the Secretary.’’. ‘‘(A) the seaport— ‘GreenLane program’, to evaluate and certify (b) CONFORMING AMENDMENTS.— ‘‘(i) presents a significant level of risk; secure systems of international intermodal (1) The chapter analysis for chapter 701 of ‘‘(ii) is a significant port or origin or trans- transportation— title 46, United States Code, is amended by shipment, in terms of volume or value, for ‘‘(1) to ensure the security and integrity of striking the items following the item relat- cargo being imported to the United States; shipments of goods to the United States ing to section 70116 and inserting the fol- and from the point at which such goods are ini- lowing: ‘‘(iii) is potentially capable of validating a tially packed or loaded into a cargo con- ‘‘70116. Automated targeting system secure system of transportation pursuant to tainer for international shipment until they ‘‘70117. Container security initiative section 70119; and reach their ultimate destination; and ‘‘70118. Customs-Trade Partnership ‘‘(B) the Department of State and rep- ‘‘(2) to facilitate the movement of such Against Terrorism validation resentatives of the country with jurisdiction goods through the entire supply chain program over the port have completed negotiations to through an expedited security and clearance ‘‘70119. Secure systems of transportation ensure compliance with the requirements of program. ‘‘70120. In rem liability for civil penalties the container security initiative. ‘‘(b) PROGRAM ELEMENTS.—In establishing and certain costs ‘‘(2) COORDINATION WITH INTERNATIONAL and conducting the program under sub- ‘‘70121. Firearms, arrests, and seizure of CARGO SECURITY STANDARDS.—In carrying out section (a) the Secretary, acting through the property paragraph (a), the Secretary shall— Commissioner of Customs and Border Pro- ‘‘70122. Withholding of clearance ‘‘(A) consult with the Secretary of State tection, shall— ‘‘70123. Enforcement by State and local concerning progress under section 70109(d); ‘‘(1) establish standards and procedures for officers and verifying, at the point at which goods are ‘‘70124. Container security initiative ‘‘(B) coordinate activities under paragraph placed in a cargo container for shipping, that ‘‘70125. Civil penalty’’. (1) with activities conducted under that sec- the container is free of unauthorized haz- (2) Section 70117(a) of title 46, United tion. ardous chemical, biological, or nuclear mate- States Code, is amended by striking ‘‘section ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— rial and for securely sealing such containers 70120’’ and inserting ‘‘section 70125’’. There are authorized to be appropriated to after the contents are so verified; (3) Section 70119(a) of such title, as redesig- the Secretary to carry out this section— ‘‘(2) ensure that cargo is loaded at a port nated by subsection (a)(1) of this section, is ‘‘(1) $142,000,000 for fiscal year 2007; designated under section 70117 for shipment amended— ‘‘(2) $144,000,000 for fiscal year 2008; and to the United States; (A) by striking ‘‘under section 70119,’’ and ‘‘(3) $146,000,000 for fiscal year 2009. ‘‘(3) develop performance standards to en- inserting ‘‘under section 70125,’’; and ‘‘§ 70118. Customs-Trade Partnership Against hance the physical security of shipping con- (B) by striking ‘‘under section 70120,’’ and Terrorism validation program tainers, including performance standards for inserting ‘‘under that section,’’. ‘‘(a) IN GENERAL.—The Secretary shall es- container security devices; SEC. —306. TECHNICAL REQUIREMENTS FOR tablish a voluntary program to strengthen ‘‘(4) establish standards and procedures for NON-INTRUSIVE INSPECTION EQUIP- and improve the overall security of the securing cargo and monitoring that security MENT. international supply chain and United States while in transit; (a) IN GENERAL.—Within 180 days after the border security. ‘‘(5) ensure that cargo complies with addi- date of enactment of this Act, the Domestic ‘‘(b) VALIDATION; RECORDS MANAGEMENT.— tional security criteria established by the Nuclear Detection Office, in consultation The Secretary shall issue regulations— Secretary beyond the minimum require- with the National Institute of Science and ‘‘(1) to strengthen the validation process to ments for C–TPAT participation under sec- Technology and the U.S. Customs and Border verify that security programs of members of tion 70118, particularly in the area of access Protection, shall initiate a rulemaking— the Customs-Trade Partnership Against Ter- controls; (1) to establish minimum technical re- rorism have been implemented and that the ‘‘(6) establish standards and procedures for quirements for the capabilities of non-intru- program benefits should continue by pro- allowing the United States Government to sive inspection equipment for cargo, includ- viding appropriate guidance to specialists ensure and validate compliance with this ing imaging and radiation devices; and conducting such validations, including es- program; and (2) to ensure that all equipment used can tablishing what level of review is adequate ‘‘(7) incorporate any other measures the detect risks and threats as determined ap- to determine whether member security prac- Secretary considers necessary to ensure the propriate by the Secretary. tices are reliable, accurate, and effective; security and integrity of international inter- (b) ENDORSEMENTS; SOVEREIGNTY CON- and modal transport movements. FLICTS.—In establishing such requirements, ‘‘(2) to implement a records management ‘‘(c) BENEFITS FROM PARTICIPATION.— the Domestic Nuclear Detection Office shall system that documents key decisions and ‘‘(1) ELIGIBILITY.—The Commissioner of be careful to avoid the endorsement of prod- significant operational events accurately Customs and Border Protection may by regu- ucts associated with specific companies and and in a timely manner, including a reliable lation provide for expedited clearance of the creation of sovereignty conflicts with system for— cargo for an entity that— participating countries. ‘‘(A) documenting and maintaining records ‘‘(A) meets or exceeds the standards estab- (c) RADIATION SAFETY.—Not later than 90 of all decisions in the application through lished under subsection (b); and days after the date of enactment of this Act, validation processes, including documenta- ‘‘(B) certifies the security of its supply the Secretary of Homeland Security shall tion of the objectives, scope, methodologies, chain not less often than once every 2 years submit a plan to the Senate Committee on and limitations of validations; and to the Secretary. Commerce, Science, and Transportation,

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.073 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3832 CONGRESSIONAL RECORD — SENATE May 1, 2006 Senate Committee on Homeland Security supplied¿ Act, the Secretary shall initiate ROCKEFELLER, Mrs. BOXER, Mr. LAU- and Governmental Affairs, the Senate Com- grant projects that— TENBERG, Ms. SNOWE, Ms. CANTWELL, mittee on Appropriations, the House of Rep- ‘‘(i) integrate nonintrusive inspection and Mr. KERRY, Mr. DORGAN, Mr. NELSON of resentatives Committee on Homeland Secu- radiation detection equipment with auto- Florida, and Mr. PRYOR) submitted an rity, and the House of Representatives Com- matic identification methods for containers, mittee on Appropriations that— vessels, and vehicles; amendment intended to be proposed by (1) details the health and safety impacts of ‘‘(ii) test physical access control protocols him to the bill H.R. 4939, making emer- nonintrusive inspection technology; and and technologies; gency supplemental appropriations for (2) describes the policy of the Bureau of ‘‘(iii) create a data sharing network capa- the fiscal year ending September 30, Customs and Border Protection for using ble of transmitting data required by entities 2006, and for other purposes; which was nonintrusive inspection equipment. participating in the international supply ordered to lie on the table; as follows: (d) FINAL RULE DEADLINE.—The Domestic chain from every intermodal transfer point TITLE —IMPROVED MARITIME Nuclear Detection Office shall issue a final to the National Targeting Center of the De- SECURITY rule under subsection (a) within 1 year after partment; and the rulemaking proceeding is initiated. ‘‘(iv) otherwise further maritime and cargo SEC. —00. SHORT TITLE; TABLE OF CONTENTS.. SEC. —307. RANDOM INSPECTION OF CON- security, as determined by the Secretary. (a) SHORT TITLE.—This title may be cited TAINERS. ‘‘(B) SUPPLY CHAIN SECURITY FOR SPECIAL as the ‘‘Maritime Security Improvement Act Within 1 year after the date of enactment CONTAINER AND NONCONTAINERIZED CARGO.— of 2006’’. of this Act, the Commissioner of Customs The Secretary shall consider demonstration (b) TABLE OF CONTENTS.—The table of con- and Border Protection shall develop and im- projects that further the security of the tents for this title is as follows: plement a plan, utilizing best practices for international supply chain for special con- TITLE —IMPROVED MARITIME SECURITY empirical scientific research design and ran- tainer cargo, including refrigerated con- Sec. —00. Short title; table of contents.. dom sampling standards for random physical tainers, and noncontainerized cargo, includ- inspection of shipping containers in addition Sec. —01. Establishment of additional inter- ing roll-on/roll-off, break-bulk, liquid, and agency operational centers for to any targeted or pre-shipment inspection dry bulk cargo. of such containers required by law or regula- port security. ‘‘(C) ANNUAL REPORT.—Not later than Sec. —02. Area maritime transportation se- tion or conducted under any other program March 1 of each year, the Secretary shall conducted by the Commissioner. Nothing in curity plan to include salvage submit a report detailing the results of Oper- response plan. this section shall be construed to mean that ation Safe Commerce to— implementation of the random sampling Sec. —03. Post-incident resumption of trade. ‘‘(i) the Senate Committee on Commerce, Sec. —04. Assistance for foreign ports. plan would preclude the additional physical Science, and Transportation; inspection of shipping containers not in- Sec. —05. Improved data for targeted cargo ‘‘(ii) the Senate Committee on Homeland spected pursuant to the plan. searches. Security and Governmental Affairs; Sec. —06. Technical requirements for non- SEC. —308. PORT SECURITY USER FEE STUDY. ‘‘(iii) the House of Representatives Com- The Secretary of Homeland Security shall intrusive inspection equipment. mittee on Homeland Security; Sec. —07. Random inspection of containers. conduct a study of the need for, and feasi- ‘‘(iv) the Senate Committee on Appropria- bility of, establishing a system of ocean- Sec. —08. Cargo security. tions; and borne and port-related intermodal transpor- Sec. —09. Secure systems of international ‘‘(v) the House of Representatives Com- tation user fees that could be imposed and intermodal transportation. mittee on Appropriations.’’. collected as a dedicated revenue source, on a Sec. —10. Port security user fee study. (e) RESEARCH, DEVELOPMENT, TEST, AND temporary or continuing basis, to provide Sec. —11. Deadline for transportation secu- EVALUATION.—The Secretary of Homeland necessary funding for the improvement and rity cards. Security shall— maintenance of enhanced port security. Sec. —12. Port security grants. (1) direct research, development, test, and Within 1 year after date of enactment of this Sec. —13. Customs-Trade Partnership evaluation efforts in furtherance of mari- Act, the Secretary shall submit a report to Against Terrorism security val- time and cargo security; the Senate Committee on Commerce, idation program. (2) encourage the ingenuity of the private Science, and Transportation, the House of Sec. —14. Work stoppages and employee-em- sector in developing and testing technologies Representatives Committee on Transpor- ployer disputes. and process innovations in furtherance of tation and Infrastructure, and the House of Sec. —15. Appeal of denial of waiver for these objectives; and Representatives Committee on Homeland Se- transportation security card. (3) evaluate such technologies. curity that— Sec. —16. Inspection of car ferries entering (f) COORDINATION.—The Secretary of Home- (1) contains the Secretary’s findings, con- from Canada. land Security, acting through the Undersec- clusions, and recommendations (including SEC. —01. ESTABLISHMENT OF ADDITIONAL retary for Science and Technology, in con- legislative recommendations if appropriate); INTERAGENCY OPERATIONAL CEN- sultation with the Assistant Secretary for and TERS FOR PORT SECURITY. Policy, the Director of Cargo Security Pol- (2) includes an assessment of the annual (a) IN GENERAL.—In order to improve inter- icy, and the Chief Financial Officer, shall en- amount of customs fees and duties collected agency cooperation, unity of command, and sure that— through oceanborne and port-related trans- the sharing of intelligence information in a (1) research, development, test, and evalua- portation and the amount and percentage of common mission to provide greater protec- tion efforts funded by the Department in fur- such fees and duties that are dedicated to tion for port and intermodal transportation therance of maritime and cargo security are improve and maintain security. systems against acts of terrorism, the Sec- coordinated to avoid duplication of efforts; retary of Homeland Security, acting through SEC. —309. PORT SECURITY GRANTS. and (a) BASIS FOR GRANTS.—Section 70107(a) of the Commandant of the Coast Guard, shall (2) the results of such efforts are shared establish interagency operational centers for title 46, United States Code, is amended by throughout the Department, as appropriate. striking ‘‘for making a fair and equitable al- port security at all high priority ports. location of funds’’ and inserting ‘‘based on SEC. —310. WORK STOPPAGES AND EMPLOYEE- (b) CHARACTERISTICS.—The interagency EMPLOYER DISPUTES. risk and vulnerability’’. operational centers shall— Section 70101(6) is amended by inserting (b) ELIGIBLE COSTS.—Section 70107(b) of (1) be based on the most appropriate title 46, United States Code, is amended by after ‘‘area.’’ the following: ‘‘In this para- compositional and operational characteris- striking paragraph (1) and redesignating graph, the term ‘economic disruption’ does tics of the pilot project interagency oper- paragraphs (2) through (4) as paragraphs (1) not include a work stoppage or other non- ational centers for port security in Miami, through (3), respectively. violent employee-related action resulting Florida, Norfolk/Hampton Roads, Virginia, (c) LETTERS OF INTENT.—Section 70107(e) of from an employee-employer dispute.’’. Charleston, South Carolina, and San Diego, title 46, United States Code, is amended by SEC. —311. INSPECTION OF CAR FERRIES ENTER- California; adding at the end the following: ING FROM CANADA. (2) be adapted to meet the security needs, ‘‘(5) LETTERS OF INTENT.—The Secretary Within 120 days after the date of enact- requirements, and resources of the individual may execute letters of intent to commit ment of this Act, the Secretary of Homeland port area at which each is operating; funding to port sponsors from the Fund.’’. Security, acting through the Commissioner (3) provide for participation by representa- (d) OPERATION SAFE COMMERCE.—Section of Customs and Border Protection, in coordi- tives of the United States Customs and Bor- 70107(i) of title 46, United States Code, is nation with the Secretary of State, and their der Protection, the Transportation Security amended— Canadian counterparts, shall develop a plan Administration, the Department of Defense, (1) by redesignating paragraphs (4) and (5) for the inspection of passengers and vehicles and other Federal agencies, as determined to as paragraphs (5) and (6); and before such passengers board, or such vehi- be appropriate by the Secretary of Homeland (2) by inserting after paragraph (3) the fol- cles are loaded onto, a ferry bound for a Security, and State and local law enforce- lowing: United States port. ment or port security agencies and per- ‘‘(4) OPERATION SAFE COMMERCE.— sonnel; and ‘‘(A) IN GENERAL.—Not later than 1 year SA 3800. Mr. INOUYE (for himself, (4) be incorporated in the implementation after the date of enactment of the øTo be Mr. STEVENS, Mrs. HUTCHISON, Mr. of—

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(A) maritime transportation security plans tation, the Secretary of State, the Secretary (c) CONFORMING AMENDMENT.—The chapter developed under section 70103 of title 46, of Energy, and the Commandant of the analysis for chapter 701 of title 46, United United States Code; United States Coast Guard, shall identify States Code, is amended by striking the item (B) maritime intelligence activities under foreign assistance programs that could fa- relating to section 70901 and inserting the section 70113 of that title; cilitate implementation of port security following: (C) short and long range vessel tracking antiterrorism measures in foreign countries. ‘‘70901. International cooperation and coordina- under sections 70114 and 70115 of that title; The Secretary shall establish a program to tion’’. (D) secure transportation systems under utilize those programs that are capable of SEC. —05. IMPROVED DATA FOR TARGETED section 70116 of that title; implementing port security antiterrorism CARGO SEARCHES. (E) the United States Customs and Border measures at ports in foreign countries that (a) IN GENERAL.—In order to provide the Protection’s screening and high-risk cargo the Secretary finds, under section 70108, to best possible data for the automated tar- inspection programs; and lack effective antiterrorism measures. geting system developed and operated by (F) the transportation security incident re- ‘‘(2) CARIBBEAN BASIN.—The Secretary, in United States Customs and Border Protec- sponse plans required by section 70104 of that coordination with the Secretary of State and tion under section 70116(b)(1) of title 46, title. in consultation with the Organization of United States Code, that identifies high-risk (c) 2005 ACT REPORT REQUIREMENT.—Noth- American States and the Commandant of the cargo for inspection before it is loaded in a ing in this section relieves the Commandant United States Coast Guard, shall place par- foreign port for shipment to the United of the Coast Guard from compliance with the ticular emphasis on utilizing programs to fa- States, the Secretary of Homeland Security, requirements of section 807 of the Coast cilitate the implementation of port security acting through the Commissioner of Customs Guard and Maritime Transportation Act of antiterrorism measures at the ports located and Border Protection, shall require import- 2004. The Commandant shall utilize the in- in the Caribbean Basin, as such ports pose ers shipping goods to the United States via formation developed in making the report unique security and safety threats to the cargo container to supply entry data not required by that section in carrying out the United States due to— later than 24 hours before loading a con- requirements of this section. ‘‘(A) the strategic location of such ports tainer under the advance notification re- (d) BUDGET AND COST-SHARING ANALYSIS.— between South America and United States; quirements under section 484(a)(2) of the Tar- Within 180 days after the date of enactment ‘‘(B) the relative openness of such ports; iff Act of 1930 (19 U.S.C. 1484(a)(2)). of this Act, the Secretary shall transmit to and (b) DEADLINE.—The requirement imposed the Senate Committee on Commerce, ‘‘(C) the significant number of shipments under subsection (a) shall apply to goods en- Science, and Transportation, the House of of narcotics to the United States that are tered after July 1, 2006. Representatives Committee on Transpor- moved through such ports. (c) AUTHORIZATION OF APPROPRIATIONS.— tation and Infrastructure, and the House of ‘‘(d) INTERNATIONAL CARGO SECURITY (1) There are authorized to be appropriated Representatives Committee on Homeland Se- STANDARDS.—The Secretary of State, in con- to the Secretary of Homeland Security to curity a proposed budget analysis for imple- sultation with the Secretary acting through carry out the automated targeting system menting subsection (a), including cost-shar- the Commissioner of Customs and Border program to identify high-risk oceanborne ing arrangements with other Federal depart- Protection, shall enter into negotiations container cargo for inspection— ments and agencies involved in the inter- with foreign governments and international (A) $30,700,000 for fiscal year 2007; agency operation of the centers. organizations, including the International (B) $33,200,000 for fiscal year 2008; and SEC. —02. AREA MARITIME TRANSPORTATION SE- Maritime Organization, the World Customs (C) $35,700,000 for fiscal year 2009. CURITY PLAN TO INCLUDE SALVAGE Organization, the International Labor Orga- (2) The amounts authorized by this sub- RESPONSE PLAN. nization, and the International Standards section shall be in addition to any other Section 70103(b)(2) of title 46, United States Organization, as appropriate— amounts authorized to be appropriated to Code, is amended— ‘‘(1) to promote standards for the security carry out that program. (1) by striking ‘‘and’’ after the semicolon of containers and other cargo moving within SEC. —06. TECHNICAL REQUIREMENTS FOR NON- in subparagraph (E); the international supply chain; INTRUSIVE INSPECTION EQUIP- (2) by redesignating subparagraph (F) as ‘‘(2) to encourage compliance with min- MENT. subparagraph (G); and imum technical requirements for the capa- Within 2 years after the date of enactment (3) by inserting after subparagraph (E) the bilities of nonintrusive inspection equip- of this Act, the Commissioner of Customs following: ment, including imaging and radiation de- and Border Protection, in consultation with ‘‘(F) include a salvage response plan— tection devices, established under section the National Institute of Science and Tech- ‘‘(i) to identify salvage equipment capable —06 of the Maritime Security Improvement nology, shall initiate a rulemaking to estab- of restoring operational trade capacity; and Act of 2006; lish minimum technical requirements for the ‘‘(ii) to ensure that the flow of cargo ‘‘(3) to implement the requirements of the capabilities of nonintrusive inspection equip- through United States ports is re-established container security initiative under section ment, including imaging and radiation de- as efficiently and quickly as possible after a 70121; and tection devices, that help ensure that all transportation security incident.’’. ‘‘(4) to implement standards and proce- equipment used can detect risks and threats SEC. —03. POST-INCIDENT RESUMPTION OF dures established under section 70116.’’. as determined appropriate by the Secretary, TRADE. (b) REPORT ON SECURITY AT PORTS IN THE while considering the need not to endorse Section 70103(a)(2)(J) of title 46, United CARIBBEAN BASIN.—Not later than 180 days specific companies or to create sovereignty States Code, is amended by inserting after after the date of enactment of this Act, the conflicts with participating countries. ‘‘incident.’’ the following: ‘‘The plan shall Comptroller General shall submit to the Sen- SEC. —07. RANDOM INSPECTION OF CONTAINERS. provide, to the extent practicable, preference ate Committee on Commerce, Science, and Within 1 year after the date of enactment in the reestablishment of the flow of cargo Transportation, the House of Representa- of this Act, the Commissioner of Customs through United States ports after a transpor- tives Committee on Transportation and In- and Border Protection shall develop and im- tation security incident to— frastructure, and the House of Representa- plement a plan, utilizing best practices for ‘‘(i) vessels that have a vessel security plan tives Committee on Homeland Security a re- empirical scientific research design and ran- approved under subsection (c); port on the security of ports in the Carib- dom sampling standards for random physical ‘‘(ii) vessels manned by individuals who are bean Basin. The report— inspection of shipping containers in addition described in section 70105(b)(2)(B) and who (1) shall include— to any targeted or pre-shipment inspection have undergone a background records check (A) an assessment of the effectiveness of of such containers required by law or regula- under section 70105(d) or who hold transpor- the measures employed to improve security tion or conducted under any other program tation security cards issued under section at ports in the Caribbean Basin and rec- conducted by the Commissioner. Nothing in 70105; and ommendations for any additional measures this section shall be construed to mean that ‘‘(iii) vessels on which all the cargo has un- to improve such security; implementation of the random sampling dergone screening and inspection under (B) an estimate of the number of ports in plan would preclude the additional physical standards and procedures established under the Caribbean Basin that will not be secured inspection of shipping containers not in- section 70116(b)(2) of this title.’’. by January 1, 2007, and an estimate of the fi- spected pursuant to the plan. SEC. —04. ASSISTANCE FOR FOREIGN PORTS. nancial impact in the United States of any SEC. —08. CARGO SECURITY. (a) IN GENERAL.—Section 70109 of title 46, action taken pursuant to section 70110 of (a) IN GENERAL.—Chapter 701 of title 46, United States Code, is amended— title 46, United States Code, that affects United States Code, is amended— (1) by striking the section heading and in- trade between such ports and the United (1) by redesignating the second section serting the following: States; and 70118 (relating to withholding of clearance), ‘‘§ 70109. International cooperation and co- (C) an assessment of the additional re- as added by section 802(a)(2) of the Coast ordination’’ ; and sources and program changes that are nec- Guard and Maritime Transportation Act of (2) by adding at the end the following: essary to maximize security at ports in the 2004, as section 70119; ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.— Caribbean Basin; and (2) by redesignating the first section 70119 ‘‘(1) IN GENERAL.—The Secretary, in con- (2) may be submitted in both classified and (relating to enforcement by State and local sultation with the Secretary of Transpor- redacted formats. officers), as added by section 801(a) of the

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.065 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3834 CONGRESSIONAL RECORD — SENATE May 1, 2006 Coast Guard and Maritime Transportation SEC. —09. SECURE SYSTEMS OF INTERNATIONAL SEC. —11. DEADLINE FOR TRANSPORTATION SE- Act of 2004, as section 70120; INTERMODAL TRANSPORTATION. CURITY CARDS. (3) by redesignating the second section Section 70116 of title 46, United States The Secretary shall issue a final rule under 70119 (relating to civil penalty), as redesig- Code, is amended— section 70105 of title 46, United States Code, nated by section 802(a)(1) of the Coast Guard (1) by striking ‘‘transportation.’’ in sub- no later than January 1, 2007. and Maritime Transportation Act of 2004, as section (a) and inserting ‘‘transportation— SEC. —12. PORT SECURITY GRANTS. section 70122; and ‘‘(1) to ensure the security and integrity of (a) BASIS FOR GRANTS.—Section 70107(a) of (4) by inserting after section 70120, as re- shipments of goods to the United States title 46, United States Code, is amended by designated by paragraph (2), the following: from the point at which such goods are ini- striking ‘‘for making a fair and equitable al- tially packed or loaded into a cargo con- location of funds’’ and inserting ‘‘based on ‘‘§ 70121. Container security initiative tainer for international shipment until they risk and vulnerability’’. ‘‘(a) IN GENERAL.—Pursuant to the stand- reach their ultimate destination; and (b) ELIGIBLE COSTS.—Section 70107(b) of ards established under subsection (b)(1) of ‘‘(2) to facilitate the movement of such title 46, United States Code, is amended by section 70116— goods through the entire supply chain striking paragraph (1) and redesignating ‘‘(1) the Secretary, through the Commis- through an expedited security and clearance paragraphs (2) through (4) as paragraphs (1) through (3), respectively. sioner of Customs and Border Protection, program.’’; and (c) LETTERS OF INTENT.—Section 70107(e) of shall issue regulations to— (2) by striking subsection (b) and inserting ‘‘(A) evaluate and screen cargo documents title 46, United States Code, is amended by the following: adding at the end the following: prior to loading in a foreign port for ship- ‘‘(b) PROGRAM ELEMENTS.—In establishing ‘‘(5) LETTERS OF INTENT.—The Secretary ment to the United States, either directly or and conducting the program under sub- may execute letters of intent to commit via a foreign port; and section (a) the Secretary, acting through the funding to port sponsors from the Fund.’’. ‘‘(B) inspect high-risk cargo in a foreign Commissioner of Customs and Border Pro- port intended for shipment to the United SEC. —13. CUSTOMS-TRADE PARTNERSHIP tection, shall— AGAINST TERRORISM SECURITY States by physical examination or nonintru- ‘‘(1) establish standards and procedures for VALIDATION PROGRAM. sive examination by technological means; verifying, at the point at which goods are (a) IN GENERAL.—Chapter 701 of title 46, and placed in a cargo container for shipping, that United States Code, as amended by section ‘‘(2) the Commissioner of Customs and Bor- the container is free of unauthorized haz- —08 of this title, is further amended— der Protection shall execute inspection and ardous chemical, biological, or nuclear mate- (1) by redesignating section 70122 (as redes- screening protocols with authorities in for- rial and for securely sealing such containers ignated by section —08(a)(3) of this title) as eign ports to ensure that the standards and after the contents are so verified; section 70123; and procedures promulgated under paragraph (1) ‘‘(2) establish standards and procedures for (2) by inserting after section 70121 the fol- are implemented in an effective manner. screening and evaluating cargo prior to load- lowing: ‘‘(b) EXTENSION OF CONTAINER SECURITY INI- ing in a foreign port for shipment to the ‘‘§ 70122. Customs-Trade Partnership Against TIATIVE TO OTHER PORTS.—The Secretary, United States either directly or via a foreign Terrorism validation program. through the Commissioner of Customs and port; ‘‘(a) VALIDATION; RECORDS MANAGEMENT.— Border Protection, may designate foreign ‘‘(3) establish standards and procedures for The Secretary of Homeland Security, seaports under this section if, with respect securing cargo and monitoring that security through the Commissioner of Customs and to any such seaport, the Secretary deter- while in transit; Border Protection, shall issue regulations— mines that— ‘‘(4) develop performance standards to en- ‘‘(1) to strengthen the validation process to ‘‘(1) the seaport— hance the physical security of shipping con- verify that security programs of members of ‘‘(A) presents a significant level of risk; tainers, including performance standards for the Customs-Trade Partnership Against Ter- ‘‘(B) is a significant port or origin or trans- seals and locks; rorism have been implemented and that the shipment, in terms of volume or value, for ‘‘(5) establish standards and procedures for program benefits should continue by pro- cargo being imported to the United States; allowing the United States Government to viding appropriate guidance to specialists and ensure and validate compliance with this conducting such validations, including es- ‘‘(C) is potentially capable of validating a program; and tablishing what level of review is adequate secure system of transportation pursuant to ‘‘(6) incorporate any other measures the to determine whether member security prac- section 70116; and Secretary considers necessary to ensure the tices are reliable, accurate, and effective; ‘‘(2) the Department of State and rep- security and integrity of international inter- and resentatives of the country with jurisdiction modal transport movements. ‘‘(2) to implement a records management over the port have completed negotiations to ‘‘(c) BENEFITS FROM PARTICIPATION.—The system that documents key decisions and ensure compliance with the requirements of Commissioner of Customs and Border Pro- significant operational events accurately the container security initiative. tection may provide expedited clearance of and in a timely manner, including a reliable ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— cargo to an entity that— system for— There are authorized to be appropriated to ‘‘(1) meets or exceeds the standards estab- ‘‘(A) documenting and maintaining records the Secretary to carry out this section— lished under subsection (b); and of all decisions in the application through ‘‘(1) $142,000,000 for fiscal year 2007; ‘‘(2) certifies the security of its supply validation processes, including documenta- ‘‘(2) $144,000,000 for fiscal year 2008; and chain not less often than once every 2 years tion of the objectives, scope, methodologies, ‘‘(3) $146,000,000 for fiscal year 2009.’’. to the Secretary.’’. and limitations of validations; and (b) CONFORMING AMENDMENTS.— SEC. —10. PORT SECURITY USER FEE STUDY. ‘‘(B) tracking member status. ‘‘(b) HUMAN CAPITAL PLAN.—Within 6 (1) The chapter analysis for chapter 701 of The Secretary of Homeland Security shall months after the date of enactment of the title 46, United States Code, is amended by conduct a study of the need for, and feasi- Maritime Security Improvement Act of 2006, striking the items following the item relat- bility of, establishing a system of ocean- the Secretary shall complete a human cap- ing to section 70116 and inserting the fol- borne and port-related intermodal transpor- lowing: ital plan, that clearly describes how the Cus- tation user fees that could be imposed and toms-Trade Partnership Against Terrorism ‘‘70117. In rem liability for civil penalties collected as a dedicated revenue source, on a program will recruit, train, and retain suffi- and certain costs temporary or continuing basis, to provide cient staff to conduct the work of the pro- ‘‘70118. Firearms, arrests, and seizure of necessary funding for the improvement and gram successfully, including reviewing secu- property maintenance of enhanced port security. rity profiles, vetting, and conducting valida- ‘‘70119. Withholding of clearance Within 1 year after date of enactment of this tions to mitigate program risk.’’. Act, the Secretary shall submit a report to ‘‘70120. Enforcement by State and local offi- (b) AUTHORIZATION OF APPROPRIATIONS.— the Senate Committee on Commerce, cers There are authorized to be appropriated to Science, and Transportation, the House of the Secretary of Homeland Security to carry ‘‘70121. Container security initiative Representatives Committee on Transpor- out section 70122 of title 49, United States ‘‘70122. Civil penalty’’. tation and Infrastructure, and the House of Code, not to exceed— (2) Section 70117(a) of title 46, United Representatives Committee on Homeland Se- (1) $60,000,000 for fiscal year 2007; States Code, is amended by striking ‘‘section curity that— (2) $65,000,000 for fiscal year 2008; and 70120’’ and inserting ‘‘section 70122’’. (1) contains the Secretary’s findings, con- (3) $72,000,000 for fiscal year 2009. (3) Section 70119(a) of such title, as redesig- clusions, and recommendations (including (c) CONFORMING AMENDMENTS.— nated by subsection (a)(1) of this section, is legislative recommendations if appropriate); (1) The chapter analysis for chapter 701 of amended— and title 46, United States Code, as amended by (A) by striking ‘‘under section 70119,’’ and (2) includes an assessment of the annual section —08(b) of this title, is further amend- inserting ‘‘under section 70122,’’; and amount of customs fees and duties collected ed by striking the item relating to section (B) by striking ‘‘under section 70120,’’ and through oceanborne and port-related trans- 70122 and inserting the following: inserting ‘‘under that section,’’. portation and the amount and percentage of ‘‘70122. Customs-Trade Partnership Against (4) Section 111 of the Maritime Transpor- such fees and duties that are dedicated to Terrorism validation program tation Security Act of 2002 is repealed. improve and maintain security. ‘‘70123. Civil penalty’’.

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00066 Fmt 4624 Sfmt 6343 E:\CR\FM\A01MY6.065 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3835 (2) Section 70117(a) and 70119(a) of title 46, 599 of the Foreign Operations, Export Fi- propriations for the fiscal year ending United States Code, as amended by section nancing, and Related Programs Appropria- September 30, 2006, and for other pur- —08(b)(2) and (3), respectively, of this Act, tions Act, 2006 (Public Law 109–102; 119 Stat. poses; which was ordered to lie on the are each amended by striking ‘‘section 2240), the following funds shall be deemed table; as follows: 70122,’’ and inserting ‘‘section 70123,’’. amounts appropriated or otherwise made On page 253, between lines 19 and 20, insert SEC. —14. WORK STOPPAGES AND EMPLOYEE-EM- available for the Iraq Relief and Reconstruc- PLOYER DISPUTES. tion Fund: the following: Section 70101(6) is amended by inserting (1) Funds appropriated or otherwise made CONFORMING CHANGES RELATED TO MILITARY after ‘‘area.’’ the following: ‘‘In this para- available by this Act for assistance for Iraq CONSTRUCTION AUTHORIZATIONS graph, the term ‘economic disruption’ does under the headings ‘‘OPERATING EX- SEC. 7032. Section 2403(b) of the Military not include a work stoppage or other non- PENSES OF THE UNITED STATES AGEN- Construction Authorization Act for Fiscal violent employee-related action resulting CY FOR INTERNATIONAL DEVELOP- Year 2006 (division B of Public Law 109–163) is from an employee-employer dispute.’’. MENT’’, ‘‘ECONOMIC SUPPORT FUND’’, amended in paragraph (2) by striking SEC. —15. APPEAL OF DENIAL OF WAIVER FOR ‘‘INTERNATIONAL NARCOTICS CONTROL ‘‘$12,500,000’’ and inserting ‘‘$291,888,000’’, and TRANSPORTATION SECURITY CARD. AND LAW ENFORCEMENT,’’ and ‘‘INTER- in paragraph (3) by striking ‘‘$256,034,000’’ Section 70105(c)(3) of title 46, United States NATIONAL AFFAIRS TECHNICAL ASSIST- and inserting ‘‘$301,524,000’’. Code, is amended by inserting ‘‘or a waiver ANCE’’. under paragraph (2)’’ after ‘‘card’’. SA 3808. Mr. COLEMAN submitted an SEC. —16. INSPECTION OF CAR FERRIES ENTER- SA 3804. Mr. COCHRAN submitted an amendment intended to be proposed by ING FROM CANADA. amendment intended to be proposed by him to the bill H.R. 4939, making emer- Within 120 days after the date of enact- him to the bill H.R. 4939, making emer- gency supplemental appropriations for ment of this Act, the Secretary of Homeland gency supplemental appropriations for the fiscal year ending September 30, Security, acting through the Commissioner the fiscal year ending September 30, 2006, and for other purposes; which was of Customs and Border Protection, in coordi- 2006, and for other purposes; which was ordered to lie on the table; as follows: nation with the Secretary of State, and their Canadian counterparts, shall develop a plan ordered to lie on the table; as follows: At the appropriate place, insert the fol- for the inspection of passengers and vehicles On page 157, beginning on line 22, strike lowing: before such passengers board, or such vehi- ‘‘any shipbuilding contract’’ and insert ‘‘any SENSE OF THE SENATE ON SECURING THE UNITED cles are loaded onto, a ferry bound for a existing shipbuilding contract of the Navy’’. STATES BORDERS United States port. SEC. ll. (a) The Senate makes the fol- SA 3805. Mr. BENNETT submitted an lowing findings: SA 3801. Mr. LEAHY (for himself and amendment intended to be proposed by (1) The net growth of 500,000 unauthorized Mr. DURBIN) submitted an amendment him to the bill H.R. 4939, making emer- aliens entering the United States each year, intended to be proposed by him to the gency supplemental appropriations for and the potential for terrorists to take ad- bill H.R. 4939, making emergency sup- the fiscal year ending September 30, vantage of the porous borders of the United plemental appropriations for the fiscal 2006, and for other purposes; which was States, represent a clear and present danger ordered to lie on the table; as follows: to the national security of the Unites States. year ending September 30, 2006, and for (2) The inability to secure the inter- other purposes; which was ordered to At the appropriate place insert the fol- national borders of the Unites States has lie on the table; as follows: lowing: given rise to an immigration crisis that has On page 118, line 7, strike ‘‘$136,290,000’’ and SIGN REPAIR OR REPLACEMENT profound social, legal, and political ramifica- insert in lieu thereof ‘‘$171,290,000’’. SEC. ll. Notwithstanding part 750 of title tions. On page 88, line 6, strike ‘‘$1,452,600,000’’ 23, Code of Federal Regulations (or a suc- (3) While assessing the identity and loca- and insert in lieu thereof the ‘‘$1,417,600,000’’. cessor regulation), if permitted by State law, tion of the approximately 11,000,000 unau- a nonconforming sign that is damaged, de- thorized aliens currently in the United SA 3802. Mr. LEAHY submitted an stroyed, abandoned, or discontinued as a re- States, the Federal Government must simul- amendment intended to be proposed by sult of an act of God (as defined by State taneously act to secure the borders and pre- him to the bill H.R. 4939, making emer- law) may be repaired, replaced, or recon- vent further illegal entry. gency supplemental appropriations for structed if the replacement sign has the (b) It is the sense of the Senate that— same dimensions as the original sign. (1) the President of the United States the fiscal year ending September 30, should demonstrate the highest level of com- 2006, and for other purposes; which was SA 3806. Mr. BROWNBACK submitted mitment to securing the land and sea bor- ordered to lie on the table; as follows: an amendment intended to be proposed ders of the Unites States by using all the re- On page 117, line 25, strike ‘‘$10,500,000’’ and by him to the bill H.R. 4939, making sources at the disposal of the President, in- insert in lieu thereof ‘‘$20,500,000’’. cluding— On page 88, line 6, strike ‘‘$1,452,600,000’’ emergency supplemental appropria- (A) declaring a state of emergency in and insert in lieu thereof the ‘‘$1,442,600,000’’. tions for the fiscal year ending Sep- States that share an international border On page 117, line 26, after ‘‘That’’ insert the tember 30, 2006, and for other purposes; with Mexico or Canada until such time as following: which was ordered to lie on the table; the President determines that— of the funds appropriated under this heading, as follows: (i) the additional resources and manpower $10,000,000 shall be made available for assist- On page 90, between lines 10 and 11, insert provided by this Act are deployed; and ance for Guatemala for recovery and recon- the following: (ii) there is a significant reduction in the number of illegal aliens entering the United struction activities related to Hurricane OFFICE OF THE PRESIDENTIAL SPECIAL ENVOY States; Stan: Provided further, That FOR SUDAN (B) immediately deploying the Armed SA 3803. Mr. FEINGOLD submitted SEC. 1202. Of the amount appropriated by Forces, including the National Guard to such this chapter for the Department of State for international borders; an amendment intended to be proposed the administration of foreign affairs under by him to the bill H.R. 4939, making (C) requiring each Cabinet Secretary to de- the heading ‘‘DIPLOMATIC AND CONSULAR PRO- tail the resources and capabilities that their emergency supplemental appropria- GRAMS’’, such sums as may be necessary respective Federal agencies have available tions for the fiscal year ending Sep- shall be made available for the establish- for use in securing the land and sea borders tember 30, 2006, and for other purposes; ment and adequate support, including staff- of the United States; and which was ordered to lie on the table; ing, of the Office of the Presidential Special (D) facilitating the development of a pro- as follows: Envoy for Sudan. The mandate of the Office gram to enable all willing citizens of the shall include coordinating efforts to imple- At the appropriate place, insert the fol- United States to contribute to securing the ment the Comprehensive Peace Agreement lowing: land and sea borders of the United States; for Sudan and making recommendations for SEC. . For purposes of oversight by and and restoring and maintaining stability and last- determining the termination date of the Of- (2) the President of Mexico should be en- ing peace for all of Sudan, including Darfur, fice of the Special Inspector General for Iraq couraged to use all authority within the and throughout the region, including Chad Reconstruction under section 3001(o) of the power of the President of Mexico to secure and northern Uganda. Emergency Supplemental Appropriations the international border between the United States and Mexico from illegal crossings. Act for Defense and for the Reconstruction Mr. CHAMBLISS (for him- of Iraq and Afghanistan, 2004 (Public Law SA 3807. 108–106; 5 U.S.C. App. 8G note), as amended self, Mr. ISAKSON, and Mr. INOUYE) sub- SA 3809. Mr. OBAMA submitted an by section 1203 of the Ronald W. Reagan Na- mitted an amendment intended to be amendment intended to be proposed by tional Defense Authorization Act, 2005 (Pub- proposed by him to the bill H.R. 4939, him to the bill H.R. 4939, making emer- lic Law 108–375); 118 Stat. 2081), and section making emergency supplemental ap- gency supplemental appropriations for

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.065 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3836 CONGRESSIONAL RECORD — SENATE May 1, 2006 the fiscal year ending September 30, agency to enter into any Federal contract, her to the bill H.R. 4939, making emer- 2006, and for other purposes; which was grant, cooperative agreement, or task and gency supplemental appropriations for ordered to lie on the table; as follows: delivery order for which the administrative the fiscal year ending September 30, overhead and contract management expenses On page 253, between lines 19 and 20, insert exceed reasonable industry standards. 2006, and for other purposes; which was the following: ordered to lie on the table; as follows: REQUIRED DISCLOSURE OF ENTITIES RECEIVING SA 3812. Mr. BOND submitted an On page 117, between lines 9 and 10, insert FEDERAL FUNDS amendment intended to be proposed by the following: SEC. 7032. (a) Beginning not later than 30 him to the bill H.R. 4939, making emer- MENTAL HEALTH COUNSELING AND CARE FOR days after the date of the enactment of this gency supplemental appropriations for MEMBERS OF THE ARMED FORCES Act, the Director of the Office of Manage- the fiscal year ending September 30, SEC. 1312. (a) ADDITIONAL AMOUNT FOR DE- ment and Budget shall maintain and publish FENSE HEALTH PROGRAM.—The amount ap- a list of the 25 largest (by dollar value) con- 2006, and for other purposes; which was ordered to lie on the table; as follows: propriated by this chapter under the heading tracts, subcontracts, and task and delivery ‘‘DEFENSE HEALTH PROGRAM’’ is hereby in- On page 198, line 24, after the colon, insert orders related to Hurricane Katrina recovery creased by $50,000,000, with the entire the following: ‘‘Provided further, That the and reconstruction efforts that are awarded amount of the increase designated as an limitation contained in section 8(o)(13)(B) of each month using funds appropriated or oth- emergency requirement pursuant to section the United States Housing Act of 1937 shall erwise made available by this Act. 402 of H. Con. Res. 95 (109th Congress), the (b) The list published under subsection (a) not apply to the funds made available under concurrent resolution on the budget for fis- shall include, with respect to each listed con- the previous proviso:’’. cal year 2006. tract, subcontract, or task and delivery (b) AVAILABILITY OF AMOUNT.—Of the order— SA 3813. Mr. OBAMA (for himself, amount appropriated by this chapter under (1) the name of the contractor or subcon- Mr. BINGAMAN, and Mr. SALAZAR) sub- the heading ‘‘DEFENSE HEALTH PROGRAM’’, as tractor; mitted an amendment intended to be increased by subsection (a), $50,000,000 shall (2) the amount of the contract, sub- proposed by him to the bill H.R. 4939, be available to expand resources available contract, or task and delivery order; making emergency supplemental ap- for mental health counseling and care, in- (3) the purpose of the contract, sub- propriations for the fiscal year ending cluding, in particular, suicide prevention contract, or task and delivery order; and September 30, 2006, and for other pur- programs for members of the Armed Forces. (4) the duration of the contract, sub- poses; which was ordered to lie on the contract, or task and delivery order. SA 3817. Mr. COBURN submitted an (c) The list required under subsection (a) table; as follows: shall— On page 168, between lines 8 and 9, insert amendment intended to be proposed by (1) be published in newspapers of general the following: him to the bill H.R. 4939, making emer- circulation in the areas affected by Hurri- EVACUATION OF INDIVIDUALS WITH SPECIAL gency supplemental appropriations for cane Katrina; NEEDS the fiscal year ending September 30, (2) be made available to the public on an SEC. 2504. The Secretary of Homeland Se- 2006, and for other purposes; which was accessible Federal Government Internet curity, shall take appropriate actions to en- ordered to lie on the table; as follows: website; and sure that each State and each of the 75 larg- Strike section 7017 (relating to the Office (3) include an electronic mail address and est urban areas, in the homeland security of Job Corps). toll-free telephone number through which strategy or other homeland security plan for local residents may contact a contracting such State or urban area, provides detailed SA 3818. Mr. WYDEN submitted an agency to report fraud, waste, or abuse under and comprehensive information regarding amendment intended to be proposed by a contract. the predisaster and postdisaster plans of him to the bill H.R. 4939, making emer- such State or urban area for the evacuation gency supplemental appropriations for SA 3810. Mr. OBAMA (for himself, of individuals with special needs (including Mr. COBURN, and Mr. KENNEDY) sub- low-income individuals and families, dis- the fiscal year ending September 30, mitted an amendment intended to be abled individuals, the homeless, individuals 2006, and for other purposes; which was proposed by him to the bill H.R. 4939, who do not speak English, and the elderly) in ordered to lie on the table; as follows: making emergency supplemental ap- an emergency that would warrant their evac- On page 253, between lines 19 and 20, insert propriations for the fiscal year ending uation (including plans for the provision of the following: September 30, 2006, and for other pur- food, water, and shelter for evacuees). RENEGOTIATION OF EXISTING OIL AND NATURAL GAS LEASES poses; which was ordered to lie on the SA 3814. Mr. BAUCUS submitted an table; as follows: SEC. 7032. (a) The Secretary of the Interior amendment intended to be proposed by (referred to in this section as the ‘‘Sec- On page 253, between lines 19 and 20, insert him to the bill H.R. 4939, making emer- the following: retary’’) shall, to the maximum extent prac- gency supplemental appropriations for ticable, attempt to renegotiate each lease ACCOUNTABILITY IN HURRICANE RECOVERY the fiscal year ending September 30, authorizing production of oil or natural gas CONTRACTING 2006, and for other purposes; which was on Federal land (including submerged land) SEC. 7032. None of the funds appropriated ordered to lie on the table; as follows: issued by the Secretary before the date of en- by this Act that are made available for relief actment of this Act as the Secretary deter- and recovery efforts related to Hurricane At the appropriate place, insert the fol- lowing: mines to be necessary to modify the terms of Katrina and the other hurricanes of the 2005 the lease to ensure that a suspension of a re- season may be used by an executive agency SEC. ll. Not later than 10 days after the date of enactment of this Act, the Secretary quirement to pay royalties under the lease is to enter into any Federal contract exceeding terminated. $500,000 through the use of procedures other of Homeland Security, from amounts pro- vided to the Department of Homeland Secu- (b) Unless a lessee renegotiates a lease de- than competitive procedures as required by scribed in subsection (a) and enters in an the Federal Acquisition Regulation and, as rity under the heading ‘‘Office of the Under Secretary for Management’’ under title I of agreement with the Secretary to modify the applicable, section 303(a) of the Federal terms of a lease in accordance with that sub- Property and Administrative Services Act of the Department of Homeland Security Ap- propriations Act, 2006 (Public Law 109–90), section by the date that is 60 days after the 1949 (41 U.S.C. 253(a)) or section 2304(a) of date of enactment of this Act, the lessee title 10, United States Code. shall make available $1,000,000 for the Center for Asbestos Related Disease in Libby, Mon- shall not be eligible— SA 3811. Mr. OBAMA (for himself, tana. (1) to enter into a new lease that author- izes production of oil or natural gas on Fed- Mr. COBURN, and Mr. KENNEDY) sub- SA 3815. Mr. BAUCUS submitted an eral land (including submerged land); or mitted an amendment intended to be amendment intended to be proposed by (2) to obtain by sale or other transfer any proposed by him to the bill H.R. 4939, him to the bill H.R. 4939, making emer- lease described in subsection (a) that is making emergency supplemental ap- gency supplemental appropriations for issued before the end of the 60-day period. propriations for the fiscal year ending the fiscal year ending September 30, September 30, 2006, and for other pur- SA 3819. Mr. VITTER submitted an 2006, and for other purposes; which was amendment intended to be proposed by poses; which was ordered to lie on the ordered to lie on the table; as follows: table; as follows: him to the bill H.R. 4939, making emer- On page 245, line 22, insert ‘‘: Provided, gency supplemental appropriations for On page 253, between lines 19 and 20, insert That $1,000,000 shall be available for the Cen- the following: ter for Asbestos Related Disease in Libby, the fiscal year ending September 30, LIMITS ON ADMINISTRATIVE COSTS UNDER Montana’’ after ‘‘$3,960,000’’. 2006, and for other purposes; which was FEDERAL CONTRACTS ordered to lie on the table; as follows: SEC. 7032. None of the funds appropriated SA 3816. Mrs. BOXER submitted an On page 140, strike from line 8 ‘‘$10,000,000’’ by this Act may be used by an executive amendment intended to be proposed by through line 15 ‘‘years:’’, and insert in its

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.074 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3837 place on page 140, line 8, after ‘‘appro- of military personnel, to the United States struction and improvements to the Nation’s priated’’ the following: ‘‘$30 million shall be or the multilateral forces in Afghanistan or public transportation systems; provided for the fishery finance program Iraq, as determined by the Secretary of De- (6) the Federal Government appropriately loans under title XI of the Merchant Marine fense, in consultation with the Secretary of invested $18,100,000,000 in fiscal years 2002 Act, 1936, (46 U.S.C. App. 1271 et seq,) to sat- State; through 2005 to protect our Nation’s aviation isfy loan obligations for loans used to make ‘‘(iii) the Secretary of Homeland Security, system and its 1,800,000 daily passengers; expenditures, guarantee or finance to repair, in consultation with the Secretary of State, (7) the Federal Government has allocated replace or restore fisheries infrastructure, determines that participation of the country $250,000,000 in fiscal years 2003 through 2005 vessels, facilities, or fish processing facilities in the visa waiver program under this sec- to protect public transportation systems in home-ported or located within the declared tion does not compromise the law enforce- the United States; fisheries disaster area.’’ ment interests of the United States. (8) the Federal Government has invested ‘‘(B) REFUSAL RATES; OVERSTAY RATES.— $7.38 in aviation security improvements per SA 3820. Mr. OBAMA (for himself, The determination under subparagraph passenger, but only $0.007 in public transpor- Mr. LEVIN, Mr. BAYH, Ms. LANDRIEU, (A)(iii) shall not take into account any re- tation security improvements per passenger; and Mr. LIEBERMAN) submitted an fusal rates or overstay rates prior to the ex- (9) the Government Accountability Office, amendment intended to be proposed by piration of the first full year of the country’s the Mineta Institute for Surface Transpor- admission into the European Union. tation Policy Studies, the American Public him to the bill H.R. 4939, making emer- Transportation Association, and many trans- gency supplemental appropriations for ‘‘(C) FULL COMPLIANCE.—Not later than 2 years after the date of a country’s designa- portation experts have reported an urgent the fiscal year ending September 30, tion under subparagraph (A), the country— need for significant investment in public 2006, and for other purposes; which was ‘‘(i) shall be in full compliance with all ap- transportation security improvements; and ordered to lie on the table; as follows: plicable requirements for program country (10) the Federal Government has a duty to On page 165, line 9, strike ‘‘$10,000,000’’ and status under this section; or deter and mitigate, to the greatest extent all that follows through line 14 and insert ‘‘(ii) shall have its program country des- practicable, threats against the Nation’s the following: ‘‘$11,000,000, to remain avail- ignation terminated. public transportation systems. able until expended: Provided, That $1,000,000 ‘‘(D) EXTENSIONS.—The Secretary of State SEC. —103. SECURITY ASSESSMENTS. shall be for the efforts of the Director of the may extend, for a period not to exceed 2 (a) PUBLIC TRANSPORTATION SECURITY AS- Federal Emergency Management Agency, in years, the probationary designation granted SESSMENTS.— consultation with the Secretary of Health under subparagraph (A) if the country— (1) SUBMISSION.—Not later than 30 days and Human Services, ongoing on the date of ‘‘(i) is making significant progress towards after the date of enactment of this Act, the enactment of this Act to assist individuals coming into full compliance with all applica- Federal Transit Administration of the De- displaced by Hurricane Katrina of 2005, in lo- ble requirements for program country status partment of Transportation shall submit all cating members of their family: Provided under this section; public transportation security assessments further, That not later than 1 year after the ‘‘(ii) is likely to achieve full compliance and all other relevant information to the date of enactment of this Act, the Secretary before the end of such 2-year period; and Secretary of Homeland Security. of Homeland Security, in consultation with ‘‘(iii) continues to be an ally of the United (2) REVIEW.—Not later than July 31, 2006, the Secretary of Health and Human Services States against terrorist states, organiza- the Secretary of Homeland Security shall re- and the Attorney General of the United tions, and individuals, as determined by the view and augment the security assessments States, shall conduct an assessment regard- Secretary of Defense, in consultation with received under paragraph (1). ing how to modify the Louisiana family as- the Secretary of State.’’. (3) ALLOCATIONS.—The Secretary of Home- sistance call center model and the model land Security shall use the security assess- used by the National Center for Missing and SA 3822. Mr. INOUYE (for himself, ments received under paragraph (1) as the Exploited Children for use in major disasters Mr. STEVENS, Mr. SHELBY, Mr. SAR- basis for allocating grant funds under sec- tion —104, unless the Secretary notifies the (as that term is defined in section 102 of the BANES, Mr. ROCKEFELLER, Mr. REED, Committee on Banking, Housing, and Urban Robert T. Stafford Disaster Relief and Emer- Mrs. BOXER, Mrs. CLINTON, and Mr. AL- gency Assistance Act (42 U.S.C. 5122)) occur- Affairs of the Senate that the Secretary has LARD) submitted an amendment in- determined that an adjustment is necessary ring after the date of enactment of this Act: tended to be proposed by him to the Provided further, That not later than 1 year to respond to an urgent threat or other sig- after the date of the conclusion of the assess- bill H.R. 4939, making emergency sup- nificant factors. ment conducted under the preceding proviso, plemental appropriations for the fiscal (4) SECURITY IMPROVEMENT PRIORITIES.— the Secretary of Homeland Security, in con- year ending September 30, 2006, and for Not later than September 30, 2006, the Sec- sultation with the Secretary of Health and other purposes; which was ordered to retary of Homeland Security, after consulta- Human Services and the Attorney General of lie on the table; as follows: tion with the management and employee the United States, shall issue regulations to representatives of each public transportation implement the findings of such assessment, TITLE —IMPROVED PUBLIC system for which a security assessment has to the maximum extent practicable: Pro- TRANSPORTATION SECURITY been received under paragraph (1), shall es- vided further, That the amount provided SEC. —101. SHORT TITLE; TABLE OF CONTENTS. tablish security improvement priorities that under this heading is designated as an emer- (a) SHORT TITLE.—This title may be cited will be used by public transportation agen- gency requirement under section 402 of H. as the ‘‘Public Transportation Terrorism cies for any funding provided under section Con. Res. 95 (109th Congress), the concurrent Prevention Act of 2006’’. —104. resolution in the budget for fiscal year (b) TABLE OF CONTENTS.—The table of con- (5) UPDATES.—Not later than July 31, 2007, 2006.’’. tents for this title is as follows: and annually thereafter, the Secretary of Sec. —101. Short title; table of contents. Homeland Security shall— SA 3821. Mr. SANTORUM submitted Sec. —102. Findings and purpose. (A) update the security assessments re- Sec. —103. Security assessments. ferred to in this subsection; and an amendment intended to be proposed Sec. —104. Security assistance grants. by him to the bill H.R. 4939, making (B) conduct security assessments of all Sec. —105. Intelligence sharing. public transportation agencies considered to emergency supplemental appropria- Sec. —106. Research, development, and dem- be at greatest risk of a terrorist attack. tions for the fiscal year ending Sep- onstration grants. (b) USE OF SECURITY ASSESSMENT INFORMA- tember 30, 2006, and for other purposes; Sec. —107. Reporting requirements. TION.—The Secretary of Homeland Security which was ordered to lie on the table; Sec. —108. Authorization of appropriations. shall use the information collected under Sec. —109. Sunset provision. as follows: subsection (a)— SEC. —102. FINDINGS AND PURPOSE. (1) to establish the process for developing At the appropriate place, insert the fol- (a) FINDINGS.—Congress finds that— security guidelines for public transportation lowing: (1) public transportation systems through- security; and VISA WAIVER PROGRAM EXPANSION out the world have been a primary target of (2) to design a security improvement strat- SEC. ll. Section 217(c) of the Immigration terrorist attacks, causing countless death egy that— and Nationality Act (8 U.S.C. 1187(c)) is and injuries; (A) minimizes terrorist threats to public amended by adding at the end the following: (2) 5,800 public transportation agencies op- transportation systems; and ‘‘(8) PROBATIONARY ADMISSION.— erate in the United States; (B) maximizes the efforts of public trans- ‘‘(A) IN GENERAL.—Notwithstanding any (3) 14,000,000 people in the United States portation systems to mitigate damage from other provision of this section, a country ride public transportation each work day; terrorist attacks. may be designated as a program country, on (4) safe and secure public transportation (c) BUS AND RURAL PUBLIC TRANSPORTATION a probationary basis, under this section if— systems are essential for the Nation’s econ- SYSTEMS.—Not later than July 31, 2006, the ‘‘(i) the country is a member of the Euro- omy and for significant national and inter- Secretary of Homeland Security shall con- pean Union; national public events; duct security assessments, appropriate to ‘‘(ii) the country is providing material sup- (5) the Federal Transit Administration has the size and nature of each system, to deter- port, including more than a nominal number invested $74,900,000,000 since 1992 for con- mine the specific needs of—

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.068 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3838 CONGRESSIONAL RECORD — SENATE May 1, 2006 (1) local bus-only public transportation grantee shall return any amount so used to — 103 through 106 that have not been ex- systems; and the Treasury of the United States. pended or obligated; and (2) selected public transportation systems SEC. —105. INTELLIGENCE SHARING. (C) the state of public transportation secu- that receive funds under section 5311 of title (a) INTELLIGENCE SHARING.—The Secretary rity in the United States. 49, United States Code. of Homeland Security shall ensure that the (b) ANNUAL REPORT TO GOVERNORS.— SEC. —104. SECURITY ASSISTANCE GRANTS. Department of Transportation receives ap- (1) IN GENERAL.—Not later than March 31 of (a) CAPITAL SECURITY ASSISTANCE PRO- propriate and timely notification of all cred- each year, the Secretary of Homeland Secu- GRAM.— ible terrorist threats against public trans- rity shall submit a report to the Governor of (1) IN GENERAL.—The Secretary of Home- portation assets in the United States. each State with a public transportation land Security shall award grants directly to (b) INFORMATION SHARING ANALYSIS CEN- agency that has received a grant under this public transportation agencies for allowable TER.— title. capital security improvements based on the (1) ESTABLISHMENT.—The Secretary of (2) CONTENTS.—The report submitted under priorities established under section Homeland Security shall provide sufficient paragraph (1) shall specify— —103(a)(4). financial assistance for the reasonable costs (A) the amount of grant funds distributed (2) ALLOWABLE USE OF FUNDS.—Grants of the Information Sharing and Analysis to each such public transportation agency; awarded under paragraph (1) may be used Center for Public Transportation (referred to and for— in this subsection as the ‘‘ISAC’’) established (B) the use of such grant funds. (A) tunnel protection systems; pursuant to Presidential Directive 63, to pro- SEC. —108. AUTHORIZATION OF APPROPRIA- (B) perimeter protection systems; tect critical infrastructure. TIONS. (C) redundant critical operations control (2) PUBLIC TRANSPORTATION AGENCY PAR- (a) CAPITAL SECURITY ASSISTANCE PRO- systems; TICIPATION.—The Secretary of Homeland Se- GRAM.—There are authorized to be appro- (D) chemical, biological, radiological, or curity— priated $2,370,000,000 for fiscal year 2007 to explosive detection systems; (A) shall require those public transpor- carry out the provisions of section —104(a), (E) surveillance equipment; tation agencies that the Secretary deter- which shall remain available until expended. (F) communications equipment; mines to be at significant risk of terrorist (b) OPERATIONAL SECURITY ASSISTANCE (G) emergency response equipment; attack to participate in the ISAC; PROGRAM.—There are authorized to be appro- (H) fire suppression and decontamination (B) shall encourage all other public trans- priated to carry out the provisions of section equipment; portation agencies to participate in the —104(b)— (I) global positioning or automated vehicle ISAC; and (1) $534,000,000 for fiscal year 2007; locator type system equipment; (C) shall not charge a fee to any public (2) $333,000,000 for fiscal year 2008; and (J) evacuation improvements; and transportation agency for participating in (3) $133,000,000 for fiscal year 2009. (K) other capital security improvements. the ISAC. (c) INTELLIGENCE.—There are authorized to (b) OPERATIONAL SECURITY ASSISTANCE SEC. —106. RESEARCH, DEVELOPMENT, AND DEM- be appropriated such sums as may be nec- PROGRAM.— ONSTRATION GRANTS. essary to carry out the provisions of section (1) IN GENERAL.—The Secretary of Home- (a) GRANTS AUTHORIZED.—The Secretary of —105. land Security shall award grants directly to Homeland Security, in consultation with the (d) RESEARCH.—There are authorized to be public transportation agencies for allowable Federal Transit Administration, shall award appropriated $130,000,000 for fiscal year 2007 operational security improvements based on grants to public or private entities to con- to carry out the provisions of section —106, the priorities established under section duct research into, and demonstrate, tech- which shall remain available until expended. —103(a)(4). nologies and methods to reduce and deter SEC. —109. SUNSET PROVISION. (2) ALLOWABLE USE OF FUNDS.—Grants terrorist threats or mitigate damages result- The authority to make grants under this awarded under paragraph (1) may be used ing from terrorist attacks against public title shall expire on October 1, 2009. for— transportation systems. TITLE —IMPROVED RAIL SECURITY (b) USE OF FUNDS.—Grants awarded under (A) security training for public transpor- SEC. —201. SHORT TITLE; TABLE OF CONTENTS. tation employees, including bus and rail op- subsection (a) may be used to (a) SHORT TITLE.—This title may be cited (1) research chemical, biological, radio- erators, mechanics, customer service, main- as the ‘‘Rail Security Act of 2006’’. logical, or explosive detection systems that tenance employees, transit police, and secu- (b) TABLE OF CONTENTS.—The table of con- do not significantly impede passenger access; rity personnel; tents for this title is as follows: (B) live or simulated drills; (2) research imaging technologies; Sec. —201. Short title; table of contents. (C) public awareness campaigns for en- (3) conduct product evaluations and test- Sec. —202. Rail transportation security risk hanced public transportation security; ing; and assessment. (D) canine patrols for chemical, biological, (4) research other technologies or methods Sec. —203. Systemwide AMTRAK security or explosives detection; for reducing or deterring terrorist attacks upgrades. (E) overtime reimbursement for enhanced against public transportation systems, or Sec. —204. Fire and life-safety improve- security personnel during significant na- mitigating damage from such attacks. ments. tional and international public events, con- (c) REPORTING REQUIREMENT.—Each entity Sec. —205. Freight and passenger rail secu- sistent with the priorities established under that receives a grant under this section shall rity upgrades. section —103(a)(4); and report annually to the Department of Home- Sec. —206. Rail security research and devel- (F) other appropriate security improve- land Security on the use of grant funds re- opment. ments identified under section —103(a)(4), ex- ceived under this section. Sec. —207. Oversight and grant procedures. cluding routine, ongoing personnel costs. (d) RETURN OF MISSPENT GRANT FUNDS.—If Sec. —208. AMTRAK plan to assist families (c) CONGRESSIONAL NOTIFICATION.—Not the Secretary of Homeland Security deter- of passengers involved in rail later than 3 days before the award of any mines that a grantee used any portion of the passenger accidents. grant under this section, the Secretary of grant funds received under this section for a Sec. —209. Northern border rail passenger Homeland Security shall notify the Com- purpose other than the allowable uses speci- report. mittee on Banking, Housing, and Urban Af- fied under subsection (b), the grantee shall Sec. —210. Rail worker security training fairs of the Senate of the intent to award return any amount so used to the Treasury program. such grant. of the United States. Sec. —211. Whistleblower protection pro- (d) PUBLIC TRANSPORTATION AGENCY RE- SEC. —107. REPORTING REQUIREMENTS. gram. SPONSIBILITIES.—Each public transportation (a) SEMI-ANNUAL REPORT TO CONGRESS.— Sec. —212. High hazard material security agency that receives a grant under this sec- (1) IN GENERAL.—Not later than March 31 threat mitigation plans. tion shall— and September 30 of each year, the Secretary Sec. —213. Memorandum of agreement. (1) identify a security coordinator to co- of Homeland Security shall submit a report, Sec. —214. Rail security enhancements. ordinate security improvements; containing the information described in Sec. —215. Public awareness. (2) develop a comprehensive plan that dem- paragraph (2), to— Sec. —216. Railroad high hazard material onstrates the agency’s capacity for operating (A) the Committee on Banking, Housing, tracking. and maintaining the equipment purchased and Urban Affairs of the Senate; Sec. —217. Authorization of appropriations. under this section; and (B) the Committee on Homeland Security SEC. —202. RAIL TRANSPORTATION SECURITY (3) report annually to the Department of and Governmental Affairs of the Senate; and RISK ASSESSMENT. Homeland Security on the use of grant funds (C) the Committee on Appropriations of (a) IN GENERAL.— received under this section. the Senate. (1) VULNERABILITY AND RISK ASSESSMENT.— (e) RETURN OF MISSPENT GRANT FUNDS.—If (2) CONTENTS.—The report submitted under The Secretary of Homeland Security shall the Secretary of Homeland Security deter- paragraph (1) shall include— establish a task force, including the Trans- mines that a grantee used any portion of the (A) a description of the implementation of portation Security Administration, the De- grant funds received under this section for a the provisions of sections — 103 through 106; partment of Transportation, and other ap- purpose other than the allowable uses speci- (B) the amount of funds appropriated to propriate agencies, to complete a vulner- fied for that grant under this section, the carry out the provisions of each of sections ability and risk assessment of freight and

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passenger rail transportation (encompassing (b) CONSULTATION; USE OF EXISTING RE- (1) $63,500,000 for fiscal year 2007; railroads, as that term is defined in section SOURCES.—In carrying out the assessment (2) $30,000,000 for fiscal year 2008; and 20102(1) of title 49, United States Code). The and developing the recommendations and (3) $30,000,000 for fiscal year 2009. assessment shall include— plans required by subsection (a), the Sec- Amounts appropriated pursuant to this sub- (A) a methodology for conducting the risk retary of Homeland Security shall consult section shall remain available until ex- assessment, including timelines, that ad- with rail management, rail labor, owners or pended. dresses how the Department of Homeland Se- lessors of rail cars used to transport haz- SEC. —204. FIRE AND LIFE-SAFETY IMPROVE- curity will work with the entities describe in ardous materials, first responders, shippers MENTS. subsection (b) and make use of existing Fed- of hazardous materials, public safety offi- (a) LIFE-SAFETY NEEDS.—The Secretary of eral expertise within the Department of cials, and other relevant parties. Transportation, in consultation with the (c) REPORT.— Homeland Security, the Department of Secretary of Homeland Security, is author- (1) CONTENTS.—Within 180 days after the ized to make grants to Amtrak for the pur- Transportation, and other appropriate agen- date of enactment of this Act, the Secretary pose of making fire and life-safety improve- cies; shall transmit to the Senate Committee on ments to Amtrak tunnels on the Northeast (B) identification and evaluation of critical Commerce, Science, and Transportation, the Corridor in New York, NY, Baltimore, MD, assets and infrastructures; House of Representatives Committee on and Washington, DC. (C) identification of vulnerabilities and Transportation and Infrastructure, and the (b) AUTHORIZATION OF APPROPRIATIONS.— risks to those assets and infrastructures; House of Representatives Committee on Out of funds appropriated pursuant to sec- (D) identification of vulnerabilities and Homeland Security a report containing the tion —217(b) of this title, there shall be made risks that are specific to the transportation assessment, prioritized recommendations, available to the Secretary of Transportation of hazardous materials via railroad; and plans required by subsection (a) and an for the purposes of carrying out subsection (E) identification of security weaknesses in estimate of the cost to implement such rec- (a) the following amounts: passenger and cargo security, transportation ommendations. (1) For the 6 New York tunnels to provide infrastructure, protection systems, proce- (2) FORMAT.—The Secretary may submit ventilation, electrical, and fire safety tech- dural policies, communications systems, em- the report in both classified and redacted nology upgrades, emergency communication ployee training, emergency response plan- formats if the Secretary determines that and lighting systems, and emergency access ning, and any other area identified by the as- such action is appropriate or necessary. and egress for passengers— sessment; and (d) ANNUAL UPDATES.—The Secretary, in (A) $190,000,000 for fiscal year 2007; (F) an account of actions taken or planned consultation with the Secretary of Transpor- (B) $190,000,000 for fiscal year 2008; and by both public and private entities to ad- tation, shall update the assessment and rec- (C) $190,000,000 for fiscal year 2009. dress identified rail security issues and as- ommendations each year and transmit a re- (2) For the Baltimore & Potomac tunnel sess the effective integration of such actions. port, which may be submitted in both classi- and the Union tunnel, together, to provide (2) RECOMMENDATIONS.—Based on the as- fied and redacted formats, to the Commit- adequate drainage, ventilation, communica- sessment conducted under paragraph (1), the tees named in subsection (c)(1), containing tion, lighting, and passenger egress up- Secretary, in consultation with the Sec- the updated assessment and recommenda- grades— retary of Transportation, shall develop tions. (A) $19,000,000 for fiscal year 2007; prioritized recommendations for improving (e) FUNDING.—Out of funds appropriated (B) $19,000,000 for fiscal year 2008; and rail security, including any recommenda- pursuant to section 114(u) of title 49, United (C) $19,000,000 for fiscal year 2009. tions the Secretary has for— States Code, there shall be made available to (3) For the Washington, DC, Union Station (A) improving the security of rail tunnels, the Secretary of Homeland Security to carry tunnels to improve ventilation, communica- rail bridges, rail switching and car storage out this section $5,000,000 for fiscal year 2007. tion, lighting, and passenger egress up- areas, other rail infrastructure and facilities, SEC. —203. SYSTEMWIDE AMTRAK SECURITY UP- grades— information systems, and other areas identi- GRADES. (A) $13,333,000 for fiscal year 2007; fied by the Secretary as posing significant (a) IN GENERAL.—Subject to subsection (c) (B) $13,333,000 for fiscal year 2008; and rail-related risks to public safety and the the Secretary of Homeland Security, in con- (C) $13,333,000 for fiscal year 2009. movement of interstate commerce, taking sultation with the Assistant Secretary of (c) INFRASTRUCTURE UPGRADES.—Out of into account the impact that any proposed Homeland Security (Transportation Security funds appropriated pursuant to section security measure might have on the provi- Administration), is authorized to make —217(b) of this title, there shall be made sion of rail service; grants to Amtrak— available to the Secretary of Transportation (B) deploying equipment to detect explo- (1) to secure major tunnel access points for fiscal year 2007 $3,000,000 for the prelimi- sives and hazardous chemical, biological, and and ensure tunnel integrity in New York, nary design of options for a new tunnel on a radioactive substances, and any appropriate Baltimore, and Washington, DC; different alignment to augment the capacity countermeasures; (2) to secure Amtrak trains; of the existing Baltimore tunnels. (C) training appropriate railroad or rail- (3) to secure Amtrak stations; (d) AVAILABILITY OF APPROPRIATED road shipper employees in terrorism preven- (4) to obtain a watch list identification FUNDS.—Amounts made available pursuant tion, passenger evacuation, and response ac- system approved by the Secretary; to this section shall remain available until tivities; (5) to obtain train tracking and interoper- expended. (e) PLANS REQUIRED.—The Secretary of (D) conducting public outreach campaigns able communications systems that are co- Transportation may not make amounts on passenger railroads; ordinated to the maximum extent possible; available to Amtrak for obligation or ex- (E) deploying surveillance equipment; and (6) to hire additional police and security penditure under subsection (a)— (F) identifying the immediate and long- officers, including canine units; (1) until Amtrak has submitted to the Sec- term costs of measures that may be required (7) to expand emergency preparedness ef- retary, and the Secretary has approved, an to address those risks. forts; and engineering and financial plan for such (3) PLANS.—The report required by sub- (8) for employee security training. projects; and section (c) shall include— (b) CONDITIONS.—The Secretary of Trans- (2) unless, for each project funded pursuant (A) a plan, developed in consultation with portation shall disburse funds to Amtrak to this section, the Secretary has approved a the freight and intercity passenger railroads, provided under subsection (a) for projects contained in a systemwide security plan ap- project management plan prepared by Am- and State and local governments, for the proved by the Secretary of Homeland Secu- trak addressing appropriate project budget, Federal government to provide increased se- rity. The plan shall include appropriate construction schedule, recipient staff organi- curity support at high or severe threat levels measures to address security awareness, zation, document control and record keep- of alert; emergency response, and passenger evacu- ing, change order procedure, quality control (B) a plan for coordinating existing and ation training. and assurance, periodic plan updates, and planned rail security initiatives undertaken (c) EQUITABLE GEOGRAPHIC ALLOCATION.— periodic status reports. by the public and private sectors; and The Secretary shall ensure that, subject to (f) REVIEW OF PLANS.—The Secretary of (C) a contingency plan, developed in con- meeting the highest security needs on Am- Transportation shall complete the review of junction with freight and intercity and com- trak’s entire system and consistent with the the plans required by paragraphs (1) and (2) muter passenger railroads, to ensure the con- risk assessment required under section —202, of subsection (e) and approve or disapprove tinued movement of freight and passengers stations and facilities located outside of the the plans within 45 days after the date on in the event of an attack affecting the rail- Northeast Corridor receive an equitable which each such plan is submitted by Am- road system, which shall contemplate— share of the security funds authorized by trak. If the Secretary determines that a plan (i) the possibility of rerouting traffic due this section. is incomplete or deficient, the Secretary to the loss of critical infrastructure, such as (d) AVAILABILITY OF FUNDS.—Out of funds shall notify Amtrak of the incomplete items a bridge, tunnel, yard, or station; and appropriated pursuant to section 114(u) of or deficiencies and Amtrak shall, within 30 (ii) methods of continuing railroad service title 49, United States Code, there shall be days after receiving the Secretary’s notifica- in the Northeast Corridor in the event of a made available to the Secretary of Homeland tion, submit a modified plan for the Sec- commercial power loss, or catastrophe af- Security and the Assistant Secretary of retary’s review. Within 15 days after receiv- fecting a critical bridge, tunnel, yard, or sta- Homeland Security (Transportation Security ing additional information on items pre- tion. Administration) to carry out this section— viously included in the plan, and within 45

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.088 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3840 CONGRESSIONAL RECORD — SENATE May 1, 2006 days after receiving items newly included in dits, to ensure that grants made under this (B) research to improve tank car integrity, a modified plan, the Secretary shall either section are expended in accordance with the with a focus on tank cars that carry high approve the modified plan, or, if the Sec- purposes of this title and the priorities and hazard materials (as defined in section retary finds the plan is still incomplete or other criteria developed by the Secretary. —205(g) of this title; and deficient, the Secretary shall identify in (c) ALLOCATION.—The Secretary shall dis- (C) techniques to transfer hazardous mate- writing to the Senate Committee on Com- tribute the funds authorized by this section rials from rail cars that are damaged or oth- merce, Science, and Transportation, the based on risk and vulnerability as deter- erwise represent an unreasonable risk to House of Representatives Committee on mined under section —202, and shall encour- human life or public safety; and Transportation and Infrastructure, and the age non-Federal financial participation in (6) other projects that address House of Representatives Committee on awarding grants. With respect to grants for vulnerabilities and risks identified under Homeland Security the portions of the plan intercity passenger rail security, the Sec- section —202. the Secretary finds incomplete or deficient, retary shall also take into account passenger (b) COORDINATION WITH OTHER RESEARCH approve all other portions of the plan, obli- volume and whether a station is used by INITIATIVES.—The Secretary of Homeland Se- gate the funds associated with those other commuter rail passengers as well as inter- curity shall ensure that the research and de- portions, and execute an agreement with city rail passengers. Amtrak within 15 days thereafter on a proc- (d) CONDITIONS.—The Secretary of Trans- velopment program authorized by this sec- ess for resolving the remaining portions of portation may not disburse funds to Amtrak tion is coordinated with other research and the plan. under subsection (a) unless Amtrak meets development initiatives at the Department (g) FINANCIAL CONTRIBUTION FROM OTHER the conditions set forth in section —203(b) of of Homeland Security and the Department of TUNNEL USERS.—The Secretary shall, taking this title. Transportation. The Secretary shall carry into account the need for the timely comple- (e) ALLOCATION BETWEEN RAILROADS AND out any research and development project tion of all portions of the tunnel projects de- OTHERS.—Unless as a result of the assess- authorized by this section through a reim- scribed in subsection (a)— ment required by section —202 the Secretary bursable agreement with the Secretary of (1) consider the extent to which rail car- of Homeland Security determines that crit- Transportation, if the Secretary of Transpor- riers other than Amtrak use or plan to use ical rail transportation security needs re- tation— the tunnels; quire reimbursement in greater amounts to (1) is already sponsoring a research and de- (2) consider the feasibility of seeking a fi- any eligible entity, no grants under this sec- velopment project in a similar area; or nancial contribution from those other rail tion may be made— (2) has a unique facility or capability that carriers toward the costs of the projects; and (1) in excess of $45,000,000 to Amtrak; or would be useful in carrying out the project. (3) obtain financial contributions or com- (2) in excess of $80,000,000 for the purposes (c) GRANTS AND ACCOUNTABILITY.—To carry mitments from such other rail carriers at described in paragraphs (3) and (5) of sub- out the research and development program, levels reflecting the extent of their use or section (a). the Secretary may award grants to the enti- planned use of the tunnels, if feasible. (f) AUTHORIZATION OF APPROPRIATIONS.— ties described in section —205(a) and shall Out of funds appropriated pursuant to sec- SEC. —205. FREIGHT AND PASSENGER RAIL SE- adopt necessary procedures, including au- tion 114(u) of title 49, United States Code, CURITY UPGRADES. dits, to ensure that grants made under this there shall be made available to the Sec- (a) SECURITY IMPROVEMENT GRANTS.—The section are expended in accordance with the retary of Homeland Security to carry out Secretary of Homeland Security, through purposes of this title and the priorities and this section— the Assistant Secretary of Homeland Secu- other criteria developed by the Secretary. rity (Transportation Security Administra- (1) $100,000,000 for fiscal year 2007; tion) and other appropriate agencies, is au- (2) $100,000,000 for fiscal year 2008; and (d) AUTHORIZATION OF APPROPRIATIONS.— thorized to make grants to freight railroads, (3) $100,000,000 for fiscal year 2009. Out of funds appropriated pursuant to sec- the Alaska Railroad, hazardous materials Amounts made available pursuant to this tion 114(u) of title 49, United States Code, shippers, owners of rail cars used in the subsection shall remain available until ex- there shall be made available to the Sec- transportation of hazardous materials, uni- pended. retary of Homeland Security to carry out versities, colleges and research centers, (g) HIGH HAZARD MATERIALS DEFINED.—In this section— State and local governments (for rail pas- this section, the term ‘‘high hazard mate- (1) $35,000,000 for fiscal year 2007; senger facilities and infrastructure not rials’’ means quantities of poison inhalation (2) $35,000,000 for fiscal year 2008; and owned by Amtrak), and, through the Sec- hazard materials, Class 2.3 gases, Class 6.1 (3) $35,000,000 for fiscal year 2009. retary of Transportation, to Amtrak, for full materials, and anhydrous ammonia that the Amounts made available pursuant to this or partial reimbursement of costs incurred in Secretary, in consultation with the Sec- subsection shall remain available until ex- the conduct of activities to prevent or re- retary of Transportation, determines pose a pended. spond to acts of terrorism, sabotage, or other security risk. SEC. —206. RAIL SECURITY RESEARCH AND DE- SEC. —207. OVERSIGHT AND GRANT PROCE- intercity passenger rail and freight rail secu- DURES. rity vulnerabilities and risks identified VELOPMENT. under section —202, including— (a) ESTABLISHMENT OF RESEARCH AND DE- (a) SECRETARIAL OVERSIGHT.—The Sec- (1) security and redundancy for critical VELOPMENT PROGRAM.—The Secretary of retary of Homeland Security may use up to communications, computer, and train con- Homeland Security, through the Under Sec- 0.5 percent of amounts made available for trol systems essential for secure rail oper- retary for Science and Technology and the capital projects under the Rail Security Act ations; Assistant Secretary of Homeland Security of 2006 to enter into contracts for the review (2) accommodation of rail cargo or pas- (Transportation Security Administration), of proposed capital projects and related pro- senger screening equipment at the United in consultation with the Secretary of Trans- gram management plans and to oversee con- States-Mexico border, the United States- portation shall carry out a research and de- struction of such projects. Canada border, or other ports of entry; velopment program for the purpose of im- (b) USE OF FUNDS.—The Secretary may use (3) the security of hazardous material proving freight and intercity passenger rail amounts available under subsection (a) of transportation by rail; security that may include research and de- this subsection to make contracts to audit (4) secure intercity passenger rail stations, velopment projects to— and review the safety, procurement, manage- trains, and infrastructure; (1) reduce the vulnerability of passenger ment, and financial compliance of a recipi- (5) structural modification or replacement trains, stations, and equipment to explosives ent of amounts under this title. and hazardous chemical, biological, and ra- of rail cars transporting high hazard mate- (c) PROCEDURES FOR GRANT AWARD.—The rials to improve their resistance to acts of dioactive substances; (2) test new emergency response techniques Secretary shall, within 90 days after the date terrorism; of enactment of this Act, prescribe proce- (6) employee security awareness, prepared- and technologies; (3) develop improved freight technologies, dures and schedules for the awarding of ness, passenger evacuation, and emergency grants under this title, including application response training; including— (A) technologies for sealing rail cars; and qualification procedures (including a re- (7) public security awareness campaigns for quirement that the applicant have a security passenger train operations; (B) automatic inspection of rail cars; (C) communication-based train controls; plan), and a record of decision on applicant (8) the sharing of intelligence and informa- eligibility. The procedures shall include the tion about security threats; and (D) emergency response training; execution of a grant agreement between the (9) to obtain train tracking and interoper- grant recipient and the Secretary and shall able communications systems that are co- (4) test wayside detectors that can detect be consistent, to the extent practicable, with ordinated to the maximum extent possible; tampering with railroad equipment; the grant procedures established under sec- (10) to hire additional police and security (5) support enhanced security for the trans- tion 70107 of title 46, United States Code. officers, including canine units; and portation of hazardous materials by rail, in- (11) other improvements recommended by cluding— SEC. —208. AMTRAK PLAN TO ASSIST FAMILIES the report required by section —202, includ- (A) technologies to detect a breach in a OF PASSENGERS INVOLVED IN RAIL ing infrastructure, facilities, and equipment tank car or other rail car used to transport PASSENGER ACCIDENTS. upgrades. hazardous materials and transmit informa- (a) IN GENERAL.—Chapter 243 of title 49, (b) ACCOUNTABILITY.—The Secretary shall tion about the integrity of cars to the train United States Code, is amended by adding at adopt necessary procedures, including au- crew or dispatcher; the end the following:

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.088 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3841 ‘‘§ 24316. Plans to address needs of families of strued as limiting the actions that Amtrak with appropriate law enforcement, security, passengers involved in rail passenger acci- may take, or the obligations that Amtrak and terrorism experts, representatives of dents may have, in providing assistance to the railroad carriers, and nonprofit employee or- ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 families of passengers involved in a rail pas- ganizations that represent rail workers, months after the date of the enactment of senger accident. shall develop and issue detailed guidance for the Rail Security Act of 2006, Amtrak shall ‘‘(f) FUNDING.—Out of funds appropriated a rail worker security training program to submit to the Chairman of the National pursuant to section —217(b) of the Rail Secu- prepare front-line workers for potential Transportation Safety Board, the Secretary rity Act of 2006, there shall be made avail- threat conditions. The guidance shall take into consideration any current security of Transportation, and the Secretary of able to the Secretary of Transportation for training requirements or best practices. Homeland Security a plan for addressing the the use of Amtrak $500,000 for fiscal year 2007 to carry out this section. Amounts made (b) PROGRAM ELEMENTS.—The guidance de- needs of the families of passengers involved veloped under subsection (a) shall include in any rail passenger accident involving an available pursuant to this subsection shall remain available until expended.’’. elements, as appropriate to passenger and Amtrak intercity train and resulting in a freight rail service, that address the fol- (b) CONFORMING AMENDMENT.—The chapter loss of life. lowing: ‘‘(b) CONTENTS OF PLANS.—The plan to be analysis for chapter 243 of title 49, United States Code, is amended by adding at the end (1) Determination of the seriousness of any submitted by Amtrak under subsection (a) occurrence. shall include, at a minimum, the following: the following: ‘‘24316. Plan to assist families of passengers (2) Crew communication and coordination. ‘‘(1) A process by which Amtrak will main- (3) Appropriate responses to defend or pro- tain and provide to the National Transpor- involved in rail passenger acci- dents.’’. tect oneself. tation Safety Board and the Secretary of (4) Use of protective devices. Transportation, immediately upon request, a SEC. —209. NORTHERN BORDER RAIL PAS- (5) Evacuation procedures. SENGER REPORT. list (which is based on the best available in- (6) Psychology of terrorists to cope with Within 180 days after the date of enact- formation at the time of the request) of the hijacker behavior and passenger responses. ment of this Act, the Secretary of Homeland names of the passengers aboard the train (7) Situational training exercises regarding Security, in consultation with the Assistant (whether or not such names have been various threat conditions. Secretary of Homeland Security (Transpor- verified), and will periodically update the (8) Any other subject the Secretary con- tation Security Administration), the Sec- list. The plan shall include a procedure, with siders appropriate. respect to unreserved trains and passengers retary of Transportation, heads of other ap- (c) RAILROAD CARRIER PROGRAMS.—Not not holding reservations on other trains, for propriate Federal departments, and agencies later than 90 days after the Secretary of Amtrak to use reasonable efforts to ascer- and the National Railroad Passenger Cor- Homeland Security issues guidance under tain the number and names of passengers poration, shall transmit a report to the Sen- subsection (a) in final form, each railroad aboard a train involved in an accident. ate Committee on Commerce, Science, and carrier shall develop a rail worker security ‘‘(2) A plan for creating and publicizing a Transportation, the House of Representa- training program in accordance with that reliable, toll-free telephone number within 4 tives Committee on Transportation and In- guidance and submit it to the Secretary for hours after such an accident occurs, and for frastructure, and the House of Representa- review. Not later than 30 days after receiving providing staff, to handle calls from the fam- tives Committee on Homeland Security that a railroad carrier’s program under this sub- ilies of the passengers. contains— section, the Secretary shall review the pro- ‘‘(3) A process for notifying the families of (1) a description of the current system for gram and transmit comments to the railroad the passengers, before providing any public screening passengers and baggage on pas- carrier concerning any revisions the Sec- notice of the names of the passengers, by senger rail service between the United States retary considers necessary for the program suitably trained individuals. and Canada; to meet the guidance requirements. A rail- ‘‘(4) A process for providing the notice de- (2) an assessment of the current program road carrier shall respond to the Secretary’s scribed in paragraph (2) to the family of a to provide preclearance of airline passengers comments within 30 days after receiving passenger as soon as Amtrak has verified between the United States and Canada as them. that the passenger was aboard the train outlined in ‘‘The Agreement on Air Trans- (d) TRAINING.—Not later than 1 year after (whether or not the names of all of the pas- port Preclearance between the Government the Secretary reviews the training program sengers have been verified). of Canada and the Government of the United developed by a railroad carrier under this ‘‘(5) A process by which the family of each States of America’’, dated January 18, 2001; section, the railroad carrier shall complete passenger will be consulted about the dis- (3) an assessment of the current program the training of all front-line workers in ac- position of all remains and personal effects to provide preclearance of freight railroad cordance with that program. The Secretary of the passenger within Amtrak’s control; traffic between the United States and Can- shall review implementation of the training that any possession of the passenger within ada as outlined in the ‘‘Declaration of Prin- program of a representative sample of rail- Amtrak’s control will be returned to the ciple for the Improved Security of Rail Ship- road carriers and report to the Senate Com- family unless the possession is needed for the ments by Canadian National Railway and mittee on Commerce, Science, and Transpor- accident investigation or any criminal inves- Canadian Pacific Railway from Canada to tation, the House of Representatives Com- tigation; and that any unclaimed possession the United States’’, dated April 2, 2003; mittee on Transportation and Infrastruc- of a passenger within Amtrak’s control will (4) information on progress by the Depart- ture, and the House of Representatives Com- be retained by the rail passenger carrier for ment of Homeland Security and other Fed- mittee on Homeland Security on the number at least 18 months. eral agencies towards finalizing a bilateral of reviews conducted and the results. The ‘‘(6) A process by which the treatment of protocol with Canada that would provide for Secretary may submit the report in both the families of nonrevenue passengers will be preclearance of passengers on trains oper- classified and redacted formats as necessary. (e) UPDATES.—The Secretary shall update the same as the treatment of the families of ating between the United States and Canada; the training guidance issued under sub- revenue passengers. (5) a description of legislative, regulatory, section (a) as appropriate to reflect new or ‘‘(7) An assurance that Amtrak will pro- budgetary, or policy barriers within the different security threats. Railroad carriers vide adequate training to its employees and United States Government to providing pre- shall revise their programs accordingly and agents to meet the needs of survivors and screened passenger lists for rail passengers provide additional training to their front- family members following an accident. traveling between the United States and line workers within a reasonable time after ‘‘(c) USE OF INFORMATION.—The National Canada to the Department of Homeland Se- curity; the guidance is updated. Transportation Safety Board, the Secretary (f) FRONT-LINE WORKERS DEFINED.—In this (6) a description of the position of the Gov- of Transportation, and Amtrak may not re- section, the term ‘‘front-line workers’’ ernment of Canada and relevant Canadian lease any personal information on a list ob- means security personnel, dispatchers, train tained under subsection (b)(1) but may pro- agencies with respect to preclearance of such operators, other onboard employees, mainte- vide information on the list about a pas- passengers; nance and maintenance support personnel, senger to the family of the passenger to the (7) a draft of any changes in existing Fed- bridge tenders, as well as other appropriate extent that the Board or Amtrak considers eral law necessary to provide for pre-screen- employees of railroad carriers, as defined by appropriate. ing of such passengers and providing pre- the Secretary. ‘‘(d) LIMITATION ON LIABILITY.—Amtrak screened passenger lists to the Department (g) OTHER EMPLOYEES.—The Secretary of shall not be liable for damages in any action of Homeland Security; and Homeland Security shall issue guidance and brought in a Federal or State court arising (8) an analysis of the feasibility of rein- best practices for a rail shipper employee se- out of the performance of Amtrak in pre- stating in-transit inspections onboard inter- curity program containing the elements list- paring or providing a passenger list, or in national Amtrak trains. ed under subsection (b) as appropriate. providing information concerning a train SEC. —210. RAIL WORKER SECURITY TRAINING SEC. —211. WHISTLEBLOWER PROTECTION PRO- reservation, pursuant to a plan submitted by PROGRAM. GRAM. Amtrak under subsection (b), unless such li- (a) IN GENERAL.—Not later than 180 days (a) IN GENERAL.—Subchapter A of chapter ability was caused by Amtrak’s conduct. after the date of enactment of this Act, the 201 of title 49, United States Code, is amend- ‘‘(e) LIMITATION ON STATUTORY CONSTRUC- Secretary of Homeland Security and the Sec- ed by inserting after section 20117 the fol- TION.—Nothing in this section may be con- retary of Transportation, in consultation lowing:

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.088 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3842 CONGRESSIONAL RECORD — SENATE May 1, 2006 ‘‘§ 20118. Whistleblower protection for rail se- routing and temporary shipment suspension Homeland Security, respectively, in address- curity matters options, to address assessed risks to high ing railroad transportation security matters, ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.— consequence targets. The plan, and any in- including the processes the departments will No rail carrier engaged in interstate or for- formation submitted to the Secretary under follow to promote communications, effi- eign commerce may discharge a railroad em- this section shall be protected as sensitive ciency, and nonduplication of effort. ployee or otherwise discriminate against a security information under the regulations (b) RAIL SAFETY REGULATIONS.—Section railroad employee because the employee (or prescribed under section 114(s) of title 49, 20103(a) of title 49, United States Code, is any person acting pursuant to a request of United States Code. amended by striking ‘‘safety’’ the first place the employee)— (b) IMPLEMENTATION.—A high hazard mate- it appears, and inserting ‘‘safety, including ‘‘(1) provided, caused to be provided, or is rial security threat mitigation plan shall be security,’’. about to provide or cause to be provided, to put into effect by a rail carrier for the ship- SEC. —214. RAIL SECURITY ENHANCEMENTS. the employer or the Federal Government in- ment of high hazardous materials by rail on (a) RAIL POLICE OFFICERS.—Section 28101 of formation relating to a reasonably perceived the rail carrier’s right-of-way when the title 49, United States Code, is amended— threat, in good faith, to security; or threat levels of the Homeland Security Advi- (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(2) provided, caused to be provided, or is sory System are high or severe and specific ‘‘Under’’; and about to provide or cause to be provided, tes- intelligence of probable or imminent threat (2) by striking ‘‘the rail carrier’’ each place timony before Congress or at any Federal or exists towards— it appears and inserting ‘‘any rail carrier’’. (b) REVIEW OF RAIL REGULATIONS.—Within State proceeding regarding a reasonably per- (1) a high-consequence target that is with- 1 year after the date of enactment of this ceived threat, in good faith, to security; or in the catastrophic impact zone of a railroad Act, the Secretary of Transportation, in con- ‘‘(3) refused to violate or assist in the vio- right-of-way used to transport high haz- sultation with the Secretary of Homeland lation of any law, rule or regulation related ardous material; or Security and the Assistant Secretary of to rail security. (2) rail infrastructure or operations within Homeland Security (Transportation Security ‘‘(b) DISPUTE RESOLUTION.—A dispute, the immediate vicinity of a high-con- Administration), shall review existing rail grievance, or claim arising under this sec- sequence target. regulations of the Department of Transpor- tion is subject to resolution under section 3 (c) COMPLETION AND REVIEW OF PLANS.— tation for the purpose of identifying areas in of the Railway Labor Act (45 U.S.C. 153). In (1) PLANS REQUIRED.—Each rail carrier which those regulations need to be revised to a proceeding by the National Railroad Ad- shall— improve rail security. justment Board, a division or delegate of the (A) submit a list of routes used to trans- Board, or another board of adjustment estab- port high hazard materials to the Secretary SEC. —215. PUBLIC AWARENESS. Not later than 90 days after the date of en- lished under section 3 to resolve the dispute, of Homeland Security within 60 days after actment of this Act, the Secretary of Home- grievance, or claim the proceeding shall be the date of enactment of this Act; land Security, in consultation with the Sec- expedited and the dispute, grievance, or (B) develop and submit a high hazard mate- retary of Transportation, shall develop a na- claim shall be resolved not later than 180 rial security threat mitigation plan to the tional plan for public outreach and aware- days after it is filed. If the violation is a Secretary within 180 days after it receives the notice of high consequence targets on ness. Such plan shall be designed to increase form of discrimination that does not involve awareness of measures that the general pub- discharge, suspension, or another action af- such routes by the Secretary; and (C) submit any subsequent revisions to the lic, railroad passengers, and railroad employ- fecting pay, and no other remedy is available ees can take to increase railroad system se- plan to the Secretary within 30 days after under this subsection, the Board, division, curity. Such plan shall also provide outreach making the revisions. delegate, or other board of adjustment may to railroad carriers and their employees to (2) REVIEW AND UPDATES.—The Secretary, award the employee reasonable damages, in- improve their awareness of available tech- with assistance of the Secretary of Transpor- cluding punitive damages, of not more than nologies, ongoing research and development tation, shall review the plans and transmit $20,000. efforts, and available Federal funding comments to the railroad carrier concerning ‘‘(c) PROCEDURAL REQUIREMENTS.—Except sources to improve railroad security. Not any revisions the Secretary considers nec- as provided in subsection (b), the procedure later than 9 months after the date of enact- essary. A railroad carrier shall respond to set forth in section 42121(b)(2)(B) of this title, ment of this Act, the Secretary of Homeland the Secretary’s comments within 30 days including the burdens of proof, applies to any Security shall implement the plan developed after receiving them. Each rail carrier shall complaint brought under this section. under this section. ‘‘(d) ELECTION OF REMEDIES.—An employee update and resubmit its plan for review not SEC. —216. RAILROAD HIGH HAZARD MATERIAL of a railroad carrier may not seek protection less than every 2 years. TRACKING. EFINITIONS under both this section and another provi- (d) D .—In this section: (a) WIRELESS COMMUNICATIONS.— sion of law for the same allegedly unlawful (1) The term ‘‘high-consequence target’’ (1) IN GENERAL.—In conjunction with the act of the carrier. means a building, buildings, infrastructure, research and development program estab- ‘‘(e) DISCLOSURE OF IDENTITY.— public space, or natural resource designated lished under section —206 and consistent ‘‘(1) Except as provided in paragraph (2) of by the Secretary of Homeland Security that with the results of research relating to wire- this subsection, or with the written consent is viable terrorist target of national signifi- less tracking technologies, the Secretary of of the employee, the Secretary of Transpor- cance, the attack of which could result in— Homeland Security, in consultation with the tation may not disclose the name of an em- (A) catastrophic loss of life; and Assistant Secretary of Homeland Security ployee of a railroad carrier who has provided (B) significantly damaged national secu- (Transportation Security Administration), information about an alleged violation of rity and defense capabilities; or shall develop a program that will encourage this section. (C) national economic harm. the equipping of rail cars transporting high ‘‘(2) The Secretary shall disclose to the At- (2) The term ‘‘catastrophic impact zone’’ hazard materials (as defined in section torney General the name of an employee de- means the area immediately adjacent to, —205(g) of this title) in quantities equal to or scribed in paragraph (1) of this subsection if under, or above an active railroad right-of- greater than the quantities specified in sub- the matter is referred to the Attorney Gen- way used to ship high hazard materials in part 171.800 of title 49, Code of Federal Regu- eral for enforcement.’’. which the potential release or explosion of lations, with wireless terrestrial or satellite (b) CONFORMING AMENDMENT.—The chapter the high hazard material being transported communications technology that provides— analysis for chapter 201 of title 49, United would likely cause— (A) car position location and tracking ca- States Code, is amended by inserting after (A) loss of life; or pabilities; the item relating to section 20117 the fol- (B) significant damage to property or (B) notification of rail car depressuriza- lowing: structures. tion, breach, or unsafe temperature; and ‘‘20118. Whistleblower protection for rail se- (3) The term ‘‘rail carrier’’ has the mean- (C) notification of hazardous material re- curity matters.’’. ing given that term by section 10102(5) of lease. SEC. —212. HIGH HAZARD MATERIAL SECURITY title 49, United States Code. (2) COORDINATION.—In developing the pro- THREAT MITIGATION PLANS. SEC. —213. MEMORANDUM OF AGREEMENT. gram required by paragraph (1), the Sec- (a) IN GENERAL.—The Secretary of Home- (a) MEMORANDUM OF AGREEMENT.—Similar retary shall— land Security, in consultation with the As- to the public transportation security annex (A) consult with the Secretary of Trans- sistant Secretary of Homeland Security between the two departments signed on Sep- portation to coordinate the program with (Transportation Security Administration) tember 8, 2005, within 1 year after the date of any ongoing or planned efforts for rail car and the Secretary of Transportation, shall enactment of this Act, the Secretary of tracking at the Department of Transpor- require rail carriers transporting a high haz- Transportation and the Secretary of Home- tation; and ard material, as defined in section —205(g) of land Security shall execute and develop an (B) ensure that the program is consistent this title and of a quantity equal or exceed- annex to the memorandum of agreement be- with recommendations and findings of the ing the quantities of such material listed in tween the two departments signed on Sep- Department of Homeland Security’s haz- subpart 172.800, title 49, Federal Code of Reg- tember 28, 2004, governing the specific roles, ardous material tank rail car tracking pilot ulations, to develop a high hazard material delineations of responsibilities, resources programs. security threat mitigation plan containing and commitments of the Department of (b) FUNDING.—Out of funds appropriated appropriate measures, including alternative Transportation and the Department of pursuant to section 114(u) of title 49, United

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.088 S01MYPT1 ccoleman on PROD1PC71 with SENATE May 1, 2006 CONGRESSIONAL RECORD — SENATE S3843 States Code, there shall be made available to tion and Customs Enforcement, the Trans- (1) by striking the section heading and in- the Secretary of Homeland Security to carry portation Security Administration, the De- serting the following: out this section $3,000,000 for each of fiscal partment of Defense, and other Federal agen- ‘‘§ 70109. International cooperation and co- years 2007, 2008, and 2009. cies, as determined to be appropriate by the ordination’’; and SEC. —217. AUTHORIZATION OF APPROPRIA- Secretary of Homeland Security; TIONS. (B) representatives of State and local law (2) by adding at the end the following: ‘‘(c) FOREIGN ASSISTANCE PROGRAMS.— (a) TRANSPORTATION SECURITY ADMINISTRA- enforcement or port security agencies and personnel; and ‘‘(1) IN GENERAL.—The Secretary, in con- TION AUTHORIZATION.—Section 114 of title 49, sultation with the Secretary of Transpor- United States Code, is amended by adding at (C) members of the area maritime security committee, as deemed appropriate by the tation, the Secretary of State, the Secretary the end thereof the following: of Energy, and the Commandant of the ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.— captain of the port; (4) be incorporated in the implementation United States Coast Guard, shall identify There are authorized to be appropriated to foreign assistance programs that could fa- the Secretary of Homeland Security, (Trans- of— (A) maritime transportation security plans cilitate implementation of port security portation Security Administration) for rail antiterrorism measures in foreign countries. security— developed under section 70103 of title 46, United States Code; The Secretary shall establish a program to ‘‘(1) $206,500,000 for fiscal year 2007; utilize those programs that are capable of ‘‘(2) $168,000,000 for fiscal year 2008; and (B) maritime intelligence activities under section 70113 of that title; implementing port security antiterrorism ‘‘(3) $168,000,000 for fiscal year 2009.’’. measures at ports in foreign countries that (b) DEPARTMENT OF TRANSPORTATION.— (C) short and long range vessel tracking under sections 70114 and 70115 of that title; the Secretary finds, under section 70108, to There are authorized to be appropriated to lack effective antiterrorism measures. the Secretary of Transportation to carry out (D) secure transportation systems under section 70119 of that title; ‘‘(2) CARIBBEAN BASIN.—The Secretary, in this title and sections 20118 and 24316 of title coordination with the Secretary of State and 49, United States Code, as added by this (E) the United States Customs and Border Protection’s screening and high-risk cargo in consultation with the Organization of title— American States and the Commandant of the (1) $225,000,000 for fiscal year 2007; inspection programs; and (F) the transportation security incident re- United States Coast Guard, shall place par- (2) $223,000,000 for fiscal year 2008; and ticular emphasis on utilizing programs to fa- (3) $223,000,000 for fiscal year 2009. sponse plans required by section 70104 of that title. cilitate the implementation of port security TITLE —IMPROVED MARITIME (c) 2005 ACT REPORT REQUIREMENT.—Noth- antiterrorism measures at the ports located SECURITY ing in this section relieves the Commandant in the Caribbean Basin, as such ports pose SEC. —301. SHORT TITLE; TABLE OF CONTENTS. of the Coast Guard from compliance with the unique security and safety threats to the (a) SHORT TITLE.—This title may be cited requirements of section 807 of the Coast United States due to— as the ‘‘Maritime and Transportation Secu- Guard and Maritime Transportation Act of ‘‘(A) the strategic location of such ports rity Act of 2006.’’ 2004. The Commandant shall utilize the in- between South America and United States; (b) TABLE OF CONTENTS.—The table of con- formation developed in making the report ‘‘(B) the relative openness of such ports; tents for this title is as follows: required by that section in carrying out the and requirements of this section. ‘‘(C) the significant number of shipments TITLE —IMPROVED MARITIME SECURITY (d) BUDGET AND COST-SHARING ANALYSIS.— of narcotics to the United States that are Sec. —301. Short title; table of contents. Within 180 days after the date of enactment moved through such ports. Sec. —302. Establishment of additional of this Act, the Secretary shall transmit to ‘‘(d) INTERNATIONAL CARGO SECURITY interagency operational centers the Senate Committee on Commerce, STANDARDS.—The Secretary, in consultation for port security. Science, and Transportation, the House of with the Secretary of State, shall enter into Sec. —303. Area maritime transportation Representatives Committee on Transpor- negotiations with foreign governments and security plan to include salvage tation and Infrastructure, and the House of international organizations, including the response plan. Representatives Committee on Homeland Se- International Maritime Organization, the Sec. —304. Assistance for foreign ports. curity a proposed budget analysis for imple- World Customs Organization, and the Inter- Sec. —305. Specific port security initia- menting subsection (a), including cost-shar- national Standards Organization, as appro- tives. ing arrangements with other Federal depart- priate— Sec. —306. Technical requirements for ments and agencies involved in the inter- ‘‘(1) to promote standards for the security non-intrusive inspection equip- agency operation of the centers. of containers and other cargo moving within ment. (e) SECURITY CLEARANCE ASSISTANCE.—The the international supply chain; Sec. —307. Random inspection of con- Secretary of the department in which the ‘‘(2) to encourage compliance with min- tainers. Coast Guard is operating may assist non- imum technical requirements for the capa- Federal personnel described in subsection Sec. —308. Port security user fee study. bilities of nonintrusive inspection equip- (b)(3)(B) or (C) in obtaining expedited appro- Sec. —309. Port security grants. ment, including imaging and radiation de- priate security clearances and in and main- Sec. —310. Work stoppages and em- tection devices, established under section taining their security clearances. ployee-employer disputes. ——— of the Maritime and Transportation (f) SECURITY INCIDENTS.—During a trans- Sec. —311. Inspection of car ferries en- portation security incident (as defined in Security Act of 2006 Act; tering from Canada. section 70101(6) of title 46, United States ‘‘(3) to implement the requirements of the SEC. —302. ESTABLISHMENT OF ADDITIONAL Code) involving a port, the Coast Guard Cap- container security initiative under section INTERAGENCY OPERATIONAL CEN- tain of the Port designated by the Com- 70117; and TERS FOR PORT SECURITY. mandant of the Coast Guard in each joint op- ‘‘(4) to implement standards and proce- (a) IN GENERAL.—In order to improve inter- erations center for maritime security shall dures established under section 70119.’’. agency cooperation, unity of command, and act as the incident commander, unless other- (b) REPORT ON SECURITY AT PORTS IN THE the sharing of intelligence information in a wise directed under the National Maritime CARIBBEAN BASIN.—Not later than 180 days common mission to provide greater protec- Transportation Security Plan established after the date of enactment of this Act, the tion for port and intermodal transportation under section 70103 of title 46, United States Comptroller General shall submit to the Sen- systems against acts of terrorism, the Sec- Code. ate Committee on Commerce, Science, and retary of Homeland Security, acting through SEC. —303. AREA MARITIME TRANSPORTATION Transportation, the House of Representa- the Commandant of the Coast Guard, shall SECURITY PLAN TO INCLUDE SAL- tives Committee on Transportation and In- establish interagency operational centers for VAGE RESPONSE PLAN. frastructure, and the House of Representa- port security at all high priority ports. Section 70103(b)(2) of title 46, United States tives Committee on Homeland Security a re- (b) CHARACTERISTICS.—The interagency Code, is amended— port on the security of ports in the Carib- operational centers shall— (1) by redesignating subparagraphs (E) and bean Basin. The report— (1) be based on the most appropriate (F) as subparagraphs (F) and (G), respec- (1) shall include— compositional and operational characteris- tively; and (A) an assessment of the effectiveness of tics of the pilot project interagency oper- (2) by inserting after subparagraph (D) the the measures employed to improve security ational centers for port security in Miami, following: at ports in the Caribbean Basin and rec- Florida, Norfolk/Hampton Roads, Virginia, ‘‘(E) include a salvage response plan— ommendations for any additional measures Charleston, South Carolina, and San Diego, ‘‘(i) to identify salvage equipment capable to improve such security; California, and the virtual operation center of restoring operational trade capacity; and (B) an estimate of the number of ports in at the port of New York/New Jersey; ‘‘(ii) to ensure that the flow of cargo the Caribbean Basin that will not be secured (2) be adapted to meet the security needs, through United States ports is re-established by January 1, 2007, and an estimate of the fi- requirements, and resources of the individual as efficiently and quickly as possible after a nancial impact in the United States of any port area at which each is operating; transportation security incident.’’. action taken pursuant to section 70110 of (3) provide for participation by— SEC. —304. ASSISTANCE FOR FOREIGN PORTS. title 46, United States Code, that affects (A) representatives of the United States (a) IN GENERAL.—Section 70109 of title 46, trade between such ports and the United Customs and Border Protection, Immigra- United States Code, is amended— States; and

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Such revalidation shall occur (c) CONFORMING AMENDMENT.—The chapter cute inspection and screening protocols with not less frequently than once during every 3- analysis for chapter 701 of title 46, United authorities in foreign ports to ensure that year period following validation. States Code, is amended by striking the item the standards and procedures promulgated ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— relating to section 70901 and inserting the under subsection (a) are implemented in an There are authorized to be appropriated to following: effective manner. the Secretary to carry out this section not ‘‘70901. International cooperation and coordi- ‘‘(c) APPLICATION OF CONTAINER SECURITY to exceed— nation’’. INITIATIVE TO OTHER PORTS.— ‘‘(1) $60,000,000 for fiscal year 2007; SEC. —305. SPECIFIC PORT SECURITY INITIA- ‘‘(1) IN GENERAL.—The Secretary, through ‘‘(2) $65,000,000 for fiscal year 2008; and TIVES. the Commissioner of Customs and Border ‘‘(3) $72,000,000 for fiscal year 2009. (a) IN GENERAL.—Chapter 701 of title 46, Protection, may designate foreign seaports ‘‘§ 70119. Secure systems of transportation United States Code, is amended— under this section if, with respect to any ‘‘(a) IN GENERAL.—The Secretary shall es- (1) by redesignating the second section such seaport, the Secretary determines tablish a program, to be known as the 70118 (relating to withholding of clearance), that— ‘GreenLane program’, to evaluate and certify as added by section 802(a)(2) of the Coast ‘‘(A) the seaport— secure systems of international intermodal Guard and Maritime Transportation Act of ‘‘(i) presents a significant level of risk; transportation— 2004, as section 70119; ‘‘(ii) is a significant port or origin or trans- ‘‘(1) to ensure the security and integrity of (2) by redesignating the first section 70119 shipment, in terms of volume or value, for shipments of goods to the United States (relating to enforcement by State and local cargo being imported to the United States; from the point at which such goods are ini- officers), as added by section 801(a) of the and tially packed or loaded into a cargo con- Coast Guard and Maritime Transportation ‘‘(iii) is potentially capable of validating a tainer for international shipment until they Act of 2004, as section 70120; secure system of transportation pursuant to reach their ultimate destination; and (3) by redesignating the second section section 70119; and ‘‘(2) to facilitate the movement of such 70119 (relating to civil penalty), as redesig- ‘‘(B) the Department of State and rep- goods through the entire supply chain nated by section 802(a)(1) of the Coast Guard resentatives of the country with jurisdiction through an expedited security and clearance and Maritime Transportation Act of 2004, as over the port have completed negotiations to program. section 70122; ensure compliance with the requirements of ‘‘(b) PROGRAM ELEMENTS.—In establishing (4) by striking section 70116; the container security initiative. and conducting the program under sub- (5) by redesignating sections 70117 through ‘‘(2) COORDINATION WITH INTERNATIONAL section (a) the Secretary, acting through the 70122 (as redesignated) as sections 70120 CARGO SECURITY STANDARDS.—In carrying out Commissioner of Customs and Border Pro- through 70126; and paragraph (a), the Secretary shall— tection, shall— (5) by inserting after section 70115 the fol- ‘‘(A) consult with the Secretary of State ‘‘(1) establish standards and procedures for lowing: concerning progress under section 70109(d); verifying, at the point at which goods are ‘‘§ 70116. Automated targeting system and placed in a cargo container for shipping, that ‘‘(a) IN GENERAL.—The Secretary shall de- ‘‘(B) coordinate activities under paragraph the container is free of unauthorized haz- velop and maintain an antiterrorism cargo (1) with activities conducted under that sec- ardous chemical, biological, or nuclear mate- identification and screening system for con- tion. rial and for securely sealing such containers tainerized cargo shipped to the United States ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— after the contents are so verified; either directly or via a foreign port to assess There are authorized to be appropriated to ‘‘(2) ensure that cargo is loaded at a port imports and target those imports which pose the Secretary to carry out this section— designated under section 70117 for shipment a high risk of containing contraband. ‘‘(1) $142,000,000 for fiscal year 2007; to the United States; ‘‘(b) 24-HOUR ADVANCE NOTIFICATION.—In ‘‘(2) $144,000,000 for fiscal year 2008; and ‘‘(3) develop performance standards to en- order to provide the best possible data for ‘‘(3) $146,000,000 for fiscal year 2009. hance the physical security of shipping con- the automated targeting system, the Sec- ‘‘§ 70118. Customs-Trade Partnership Against tainers, including performance standards for retary shall require importers shipping goods Terrorism validation program container security devices; to the United States via cargo container to ‘‘(a) IN GENERAL.—The Secretary shall es- ‘‘(4) establish standards and procedures for supply advanced trade data not later than 24 tablish a voluntary program to strengthen securing cargo and monitoring that security hours before loading a container under the and improve the overall security of the while in transit; advance notification requirements under sec- international supply chain and United States ‘‘(5) ensure that cargo complies with addi- tion 484(a)(2) of the Tariff Act of 1930 (19 border security. tional security criteria established by the U.S.C. 1484(a)(2)). The requirement shall ‘‘(b) VALIDATION; RECORDS MANAGEMENT.— Secretary beyond the minimum require- apply to goods entered after July 1, 2007. The Secretary shall issue regulations— ments for C–TPAT participation under sec- ‘‘(c) SECURE TRANSMISSION; CONFIDEN- ‘‘(1) to strengthen the validation process to tion 70118, particularly in the area of access TIALITY.—All information required by the verify that security programs of members of controls; Secretary from supply chain partners under the Customs-Trade Partnership Against Ter- ‘‘(6) establish standards and procedures for this section shall— rorism have been implemented and that the allowing the United States Government to ‘‘(1) be transmitted in a secure fashion, as program benefits should continue by pro- ensure and validate compliance with this determined by the Secretary, so as to pro- viding appropriate guidance to specialists program; and tect the information from unauthorized ac- conducting such validations, including es- ‘‘(7) incorporate any other measures the cess; and tablishing what level of review is adequate Secretary considers necessary to ensure the ‘‘(2) shall not be subject to public disclo- to determine whether member security prac- security and integrity of international inter- sure under section 552 of title 5. tices are reliable, accurate, and effective; modal transport movements. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— and ‘‘(c) BENEFITS FROM PARTICIPATION.— ‘‘(1) There are authorized to be appro- ‘‘(2) to implement a records management ‘‘(1) ELIGIBILITY.—The Commissioner of priated to the Secretary of Homeland Secu- system that documents key decisions and Customs and Border Protection may by regu- rity to carry out the automated targeting significant operational events accurately lation provide for expedited clearance of system program to identify high-risk ocean- and in a timely manner, including a reliable cargo for an entity that— borne container cargo for inspection— system for— ‘‘(A) meets or exceeds the standards estab- ‘‘(A) $30,700,000 for fiscal year 2007; ‘‘(A) documenting and maintaining records lished under subsection (b); and ‘‘(B) $33,200,000 for fiscal year 2008; and of all decisions in the application through ‘‘(B) certifies the security of its supply ‘‘(C) $35,700,000 for fiscal year 2009. validation processes, including documenta- chain not less often than once every 2 years ‘‘(2) The amounts authorized by this sub- tion of the objectives, scope, methodologies, to the Secretary. section shall be in addition to any other and limitations of validations; and ‘‘(2) BENEFITS.—The expedited clearance amounts authorized to be appropriated to ‘‘(B) tracking member status. provided under paragraph (1) to any eligible carry out that program. ‘‘(b) HUMAN CAPITAL PLAN.—Within 6 entity may include— ‘‘§ 70117. Container security initiative months after the date of enactment of the ‘‘(A) the expedited release of GreenLane ‘‘(a) IN GENERAL.—The Secretary shall Transportation Security Improvement Act of cargo into destination ports within the issue regulations to— 2005, the Secretary shall complete a human United States during all threat levels des- ‘‘(1) evaluate and screen cargo documents capital plan, that clearly describes how the ignated by the Secretary or the Com- prior to loading in a foreign port for ship- Customs-Trade Partnership Against Ter- mandant of the Coast Guard; ment to the United States, either directly or rorism program will recruit, train, and re- ‘‘(B) reduced or eliminated bonding re- via a foreign port; and tain sufficient staff to conduct the work of quirements for GreenLane cargo;

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‘‘(C) priority processing for searches; (d) FINAL RULE DEADLINE.—The Domestic participating in the international supply ‘‘(D) further reduced scores in the auto- Nuclear Detection Office shall issue a final chain from every intermodal transfer point mated targeting system; and rule under subsection (a) within 1 year after to the National Targeting Center of the De- ‘‘(E) streamlined billing of any customs du- the rulemaking proceeding is initiated. partment; and ties or fees. SEC. —307. RANDOM INSPECTION OF CON- ‘‘(iv) otherwise further maritime and cargo ‘‘(d) CONSEQUENCES OF LACK OF COMPLI- TAINERS. security, as determined by the Secretary. ANCE.— Within 1 year after the date of enactment ‘‘(B) SUPPLY CHAIN SECURITY FOR SPECIAL ‘‘(1) IN GENERAL.—Any participant whose of this Act, the Commissioner of Customs CONTAINER AND NONCONTAINERIZED CARGO.— security measures and supply chain security and Border Protection shall develop and im- The Secretary shall consider demonstration practices have been determined by the Sec- plement a plan, utilizing best practices for projects that further the security of the retary to be out of compliance with any re- empirical scientific research design and ran- international supply chain for special con- quirements of the program shall be denied dom sampling standards for random physical tainer cargo, including refrigerated con- benefits under the program. inspection of shipping containers in addition tainers, and noncontainerized cargo, includ- ‘‘(2) RIGHT OF APPEAL.—Any participant de- to any targeted or pre-shipment inspection ing roll-on/roll-off, break-bulk, liquid, and termined by the Secretary under paragraph of such containers required by law or regula- dry bulk cargo. (1) not to be in compliance with the require- tion or conducted under any other program ‘‘(C) ANNUAL REPORT.—Not later than ments of the program may appeal that deter- conducted by the Commissioner. Nothing in March 1 of each year, the Secretary shall mination to the Secretary.’’. this section shall be construed to mean that submit a report detailing the results of Oper- (b) CONFORMING AMENDMENTS.— implementation of the random sampling ation Safe Commerce to— (1) The chapter analysis for chapter 701 of plan would preclude the additional physical ‘‘(i) the Senate Committee on Commerce, title 46, United States Code, is amended by inspection of shipping containers not in- Science, and Transportation; striking the items following the item relat- spected pursuant to the plan. ‘‘(ii) the Senate Committee on Homeland ing to section 70116 and inserting the fol- SEC. —308. PORT SECURITY USER FEE STUDY. Security and Governmental Affairs; lowing: The Secretary of Homeland Security shall ‘‘(iii) the House of Representatives Com- ‘‘70116. Automated targeting system conduct a study of the need for, and feasi- mittee on Homeland Security; ‘‘70117. Container security initiative bility of, establishing a system of ocean- ‘‘(iv) the Senate Committee on Appropria- ‘‘70118. Customs-Trade Partnership borne and port-related intermodal transpor- tions; and Against Terrorism validation tation user fees that could be imposed and ‘‘(v) the House of Representatives Com- program collected as a dedicated revenue source, on a mittee on Appropriations.’’. ‘‘70119. Secure systems of transportation temporary or continuing basis, to provide (e) RESEARCH, DEVELOPMENT, TEST, AND ‘‘70120. In rem liability for civil penalties necessary funding for the improvement and EVALUATION.—The Secretary of Homeland and certain costs maintenance of enhanced port security. Security shall— ‘‘70121. Firearms, arrests, and seizure of Within 1 year after date of enactment of this (1) direct research, development, test, and property Act, the Secretary shall submit a report to evaluation efforts in furtherance of mari- ‘‘70122. Withholding of clearance the Senate Committee on Commerce, time and cargo security; ‘‘70123. Enforcement by State and local Science, and Transportation, the House of (2) encourage the ingenuity of the private officers Representatives Committee on Transpor- sector in developing and testing technologies ‘‘70124. Container security initiative and process innovations in furtherance of ‘‘70125. Civil penalty’’. tation and Infrastructure, and the House of Representatives Committee on Homeland Se- these objectives; and (2) Section 70117(a) of title 46, United (3) evaluate such technologies. States Code, is amended by striking ‘‘section curity that— (1) contains the Secretary’s findings, con- (f) COORDINATION.—The Secretary of Home- 70120’’ and inserting ‘‘section 70125’’. land Security, acting through the Undersec- (3) Section 70119(a) of such title, as redesig- clusions, and recommendations (including legislative recommendations if appropriate); retary for Science and Technology, in con- nated by subsection (a)(1) of this section, is sultation with the Assistant Secretary for and amended— Policy, the Director of Cargo Security Pol- (2) includes an assessment of the annual (A) by striking ‘‘under section 70119,’’ and icy, and the Chief Financial Officer, shall en- amount of customs fees and duties collected inserting ‘‘under section 70125,’’; and sure that— through oceanborne and port-related trans- (B) by striking ‘‘under section 70120,’’ and (1) research, development, test, and evalua- portation and the amount and percentage of inserting ‘‘under that section,’’. tion efforts funded by the Department in fur- such fees and duties that are dedicated to SEC. —306. TECHNICAL REQUIREMENTS FOR therance of maritime and cargo security are improve and maintain security. NON-INTRUSIVE INSPECTION EQUIP- coordinated to avoid duplication of efforts; MENT. SEC. —309. PORT SECURITY GRANTS. and (a) IN GENERAL.—Within 180 days after the (a) BASIS FOR GRANTS.—Section 70107(a) of (2) the results of such efforts are shared date of enactment of this Act, the Domestic title 46, United States Code, is amended by throughout the Department, as appropriate. striking ‘‘for making a fair and equitable al- Nuclear Detection Office, in consultation SEC. —310. WORK STOPPAGES AND EMPLOYEE- with the National Institute of Science and location of funds’’ and inserting ‘‘based on EMPLOYER DISPUTES. Technology and the U.S. Customs and Border risk and vulnerability’’. Section 70101(6) is amended by inserting Protection, shall initiate a rulemaking— (b) ELIGIBLE COSTS.—Section 70107(b) of after ‘‘area.’’ the following: ‘‘In this para- (1) to establish minimum technical re- title 46, United States Code, is amended by graph, the term ‘economic disruption’ does quirements for the capabilities of non-intru- striking paragraph (1) and redesignating not include a work stoppage or other non- sive inspection equipment for cargo, includ- paragraphs (2) through (4) as paragraphs (1) violent employee-related action resulting ing imaging and radiation devices; and through (3), respectively. from an employee-employer dispute.’’. (2) to ensure that all equipment used can (c) LETTERS OF INTENT.—Section 70107(e) of SEC. —311. INSPECTION OF CAR FERRIES ENTER- detect risks and threats as determined ap- title 46, United States Code, is amended by ING FROM CANADA. propriate by the Secretary. adding at the end the following: Within 120 days after the date of enact- (b) ENDORSEMENTS; SOVEREIGNTY CON- ‘‘(5) LETTERS OF INTENT.—The Secretary ment of this Act, the Secretary of Homeland FLICTS.—In establishing such requirements, may execute letters of intent to commit Security, acting through the Commissioner the Domestic Nuclear Detection Office shall funding to port sponsors from the Fund.’’. of Customs and Border Protection, in coordi- be careful to avoid the endorsement of prod- (d) OPERATION SAFE COMMERCE.—Section nation with the Secretary of State, and their ucts associated with specific companies and 70107(i) of title 46, United States Code, is Canadian counterparts, shall develop a plan the creation of sovereignty conflicts with amended— for the inspection of passengers and vehicles participating countries. (1) by redesignating paragraphs (4) and (5) before such passengers board, or such vehi- (c) RADIATION SAFETY.—Not later than 90 as paragraphs (5) and (6); and cles are loaded onto, a ferry bound for a days after the date of enactment of this Act, (2) by inserting after paragraph (3) the fol- United States port. the Secretary of Homeland Security shall lowing: submit a plan to the Senate Committee on ‘‘(4) OPERATION SAFE COMMERCE.— Commerce, Science, and Transportation, ‘‘(A) IN GENERAL.—Not later than 1 year SA 3823. Mr. LEAHY submitted an Senate Committee on Homeland Security after the date of enactment of the øTo be amendment intended to be proposed by ¿ and Governmental Affairs, the Senate Com- supplied Act, the Secretary shall initiate him to the bill H.R. 4939, making emer- mittee on Appropriations, the House of Rep- grant projects that— resentatives Committee on Homeland Secu- ‘‘(i) integrate nonintrusive inspection and gency supplemental appropriations for rity, and the House of Representatives Com- radiation detection equipment with auto- the fiscal year ending September 30, mittee on Appropriations that— matic identification methods for containers, 2006, and for other purposes; which was (1) details the health and safety impacts of vessels, and vehicles; ordered to lie on the table; as follows: nonintrusive inspection technology; and ‘‘(ii) test physical access control protocols On page 121, line 14 after ‘‘That’’ insert the (2) describes the policy of the Bureau of and technologies; following: Customs and Border Protection for using ‘‘(iii) create a data sharing network capa- of the funds appropriated under this head- nonintrusive inspection equipment. ble of transmitting data required by entities ing, not less than $3,300,000 shall be made

VerDate Aug 31 2005 04:08 May 02, 2006 Jkt 049060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A01MY6.089 S01MYPT1 ccoleman on PROD1PC71 with SENATE S3846 CONGRESSIONAL RECORD — SENATE May 1, 2006 available for assistance for the Peace and AUTHORITY FOR COMMITTEES TO extradition to face numerous charges Justice Unit of the Colombian Fiscalia not- MEET of terrorism. He was sentenced to life withstanding section 599E of Public Law 109– yet only served 18 years. Furthermore, 102: Provided further, That COMMITTEE ON ENERGY AND NATURAL RESOURCES despite our longstanding agreement to Mr. COCHRAN. Mr. President, I ask honor each others’ extradition requests SA 3824. Mr. VOINOVICH submitted unanimous consent that the Com- the German government flew Hammadi an amendment intended to be proposed mittee on Energy and Natural Re- to Lebanon to reunite with his broth- to amendment SA 3613 submitted by sources be authorized to meet during ers who are senior Hezbollah leaders. Mr. VOINOVICH (for himself, Mr. OBAMA, the session of the Senate on Monday, The Germans did this despite knowing Mr. DEWINE, Mr. LEVIN, Ms. STABENOW, May 1 at 2:30 p.m. The purpose of this the United States does not have an ex- Mr. DURBIN, and Mr. DAYTON) and in- hearing is to receive testimony regard- tradition treaty with the government tended to be proposed to the bill H.R. ing the economic and environmental of Lebanon. 4939, making emergency supplemental issues associated with coal gasification Sadly, the family of United States appropriations for the fiscal year end- technology and on implementation of Navy diver Robert Dean Stethem was ing September 30, 2006, and for other the provisions of the Energy Policy Act not notified in advance of Mr. purposes; which was ordered to lie on of 2005 addressing coal gasification. Hammadi’s release. Mr. Stethem is an the table; as follows: The PRESIDING OFFICER. Without American hero who was posthumously In lieu of the matter proposed to be in- objection, it is so ordered. awarded the Bronze Star and Purple Heart and is buried at Arlington Na- serted, insert the following: f tional Cemetery. He also has a United SEC. llll. CHICAGO SANITARY AND SHIP PRIVILEGES OF THE FLOOR CANAL DEMONSTRATION BARRIER, States Navy ship named in his honor ILLINOIS. Mrs. MURRAY. Mr. President, I ask called the USS Stethem. We should continue to call on Leb- (a) IN GENERAL.—Of the unobligated bal- unanimous consent that Darren Ben- ances available for ‘‘OPERATION AND MAINTE- jamin, a detailee to the Committee on anon to hand over Hammadi and other NANCE’’ under the heading ‘‘CORPS OF EN- Appropriations, and Chris Heggem of wanted terrorists to face trial in the GINEERS—CIVIL’’ of title I of the Energy committee staff be granted floor privi- United States, and we urge Lebanon to and Water Development Appropriations Act, leges during the debate on H.R. 4939. comply with such requests in order to 2006 (Public Law 109–103; 119 Stat. 2250), The PRESIDING OFFICER. Without help foster better relations between the $400,000 shall be made available for fiscal objection, it is so ordered. United States and Lebanon. While the year 2006 for the maintenance of the Chicago f United States should continue to assist Sanitary and Ship Canal Demonstration Bar- Lebanon in democratic reform initia- rier, Illinois, which was constructed under GERMAN RELEASE OF MOHAMMAD tives, we must see results in denying section 1202(i)(3) of the Nonindigenous ALI HAMMADI Aquatic Nuisance Prevention and Control refuge to some of the world’s most Act of 1990 (16 U.S.C. 4722(i)(3)). Mr. FRIST. Mr. President, I ask wanted terrorists. The people of Leb- (b) AUTHORIZATION OF APPROPRIATIONS.— unanimous consent that the Senate anon have made great strides in recent Section 1202(i)(3)(C) of the Nonindigenous now proceed to the consideration of S. times but the government of Lebanon Aquatic Nuisance Prevention and Control Res. 457, which was submitted earlier must understand that continuing to Act of 1990 (16 U.S.C. 4722(i)(3)(C)), is amend- today. harbor terrorists will only further iso- ed by striking ‘‘, to carry out this paragraph, The PRESIDING OFFICER. The late them from the international com- $750,000’’ and inserting ‘‘such sums as are clerk will report the resolution by munity and put future financial aid in necessary to carry out the dispersal barrier title. doubt. demonstration project under this para- The murderers of Robert Stethem graph’’. The legislative clerk read as follows: A resolution (S. Res. 457) expressing the must be brought to justice, and a clear sense of the Senate that the citizens of the message must be sent that the brutal f United States and the United States Govern- murder of American service members ment have serious concerns regarding the re- or civilians will neither be tolerated NOTICES OF HEARINGS/MEETINGS lease of convicted terrorist and murderer nor forgotten. Mohammad Ali Hammadi by the Govern- Mr. FRIST. I ask unanimous consent COMMITTEE ON ENERGY AND NATURAL ment of Germany. RESOURCES that the resolution be agreed to, the There being no objection, the Senate preamble be agreed to, and the motion Mr. DOMENICI. Mr. President, I proceeded to consider the resolution. to reconsider be laid upon the table. would like to announce for the infor- Mr. VITTER. Mr. President, I rise in The PRESIDING OFFICER. Without mation of the Senate and the public support of S. Res. 457, expressing the objection, it is so ordered. that a hearing has been scheduled be- Senate’s disappointment with the gov- The resolution (S. Res. 457) was fore the Committee on Energy and Nat- ernment of Germany concerning their agreed to. ural Resources. release of convicted terrorist and mur- The preamble was agreed to. The hearing will be held on Monday, derer Mohammad Ali Hammadi. The resolution, with its preamble, May 8, 2006 at 3 p.m. in room SD–366 of The German government in Decem- reads as follows: the Dirksen Building. ber of 2005 released Mohammad Ali S. RES. 457 Hammadi, a Hezbollah leader who The purpose of the hearing is to re- Whereas, although the Government of Ger- killed U.S. Navy diver Robert Dean ceive testimony regarding issues asso- many has been a significant partner in com- Stethem in the June 1985 Hezbollah hi- bating international terrorism, their release ciated with the implementation of the jacking of TWA Flight 847. Coinciden- of Mohammad Ali Hammadi was a grave and provisions of the Energy Policy Act of tally, a few days later Susanne Osthoff, unfortunate mistake; 2005 addressing licensing of hydro- a German hostage was released. Mr. Whereas, in 1985, Mr. Hammadi, along with electric facilities. Stethem was savagely beaten and then Hasan Izz-Al-Din, Ali Atwa, and Imad Fayez Mugniyah, hijacked Trans World Airlines Because of the limited time available executed for refusing the demands of for the hearing, witnesses may testify Flight 847, and subsequently escaped from his hijackers. Hammadi and his fellow the scene of the hijacking; by invitation only. However, those terrorists escaped, but Hammadi was Whereas United States Navy Petty Officer wishing to submit written testimony eventually arrested in Germany in 1987 Robert Dean Stethem was singled out during for the hearing record should send two for traveling with liquid explosives and the hijacking of Trans World Airlines Flight copies of their testimony to the Com- sentenced to life in prison for the mur- 847 because he was a serviceman of the mittee on Energy and Natural Re- der of Mr. Stethem. Hammadi’s other United States, savagely beaten before being sources, United States Senate, Wash- accomplices are still part of the FBI’s executed, and dumped on the tarmac of Bei- ington, DC 20510–6150. rut International Airport; most wanted list and have a 15 million Whereas Petty Officer Stethem was post- For further information, please con- dollar bounty on their heads. humously awarded the Bronze Star and Pur- tact Kellie Donnelly at (202) 224–9360 or The German government released ple Heart and buried at Arlington National Steve Waskiewicz at (202) 228–6195. Hammadi despite a U.S. request for his Cemetery;

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