59–008 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 110–74 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1401) TO IMPROVE 

THE SECURITY OF RAILROADS, PUBLIC TRANSPORTATION, AND OVERTHE-ROAD BUSES IN THE UNITED STATES, AND FOR OTHER PURPOSES 

MARCH 26, 2007.—Referred to the House Calendar and ordered to be printed 

Mr. HASTINGS of Florida, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 270] 

The Committee on Rules, having had under consideration House 

Resolution 270, by a record vote of 7 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1401 to improve 

the security of railroads, public transportation, and over-the-road 

buses in the United States. The resolution provides for one hour 

and twenty minutes of general debate, with one hour equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Homeland Security and twenty minutes 

equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Transportation and Infrastructure. 

The resolution waives all points of order against consideration of 

the bill except those arising under clause 9 or 10 of rule XXI. The 

resolution makes in order the amendment in the nature of a substitute recommended by the Committee on Homeland Security as 

the original bill for the purpose of further amendment. 

The resolution makes in order those amendments printed in this 

report. Finally, the resolution provides one motion to recommit 

with or without instructions. 

EXPLANATION OF WAIVERS

The resolution includes a waiver of all points of order against 

consideration of the bill except for those arising under clauses 9 

and 10 of rule XXI. Points of order for violating clause 9 of rule 

XXI (regarding earmark statements) or clause 10 of rule XXI (regarding direct spending increases) are not waived. 


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COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 97 

Date: March 26, 2007. 

Measure: H.R. 1401. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Lungren (#10) of California to 

strike the $5 million punitive damages and criminal penalties for 

employers who violate the section on whistleblower protections. 

This amendment also ensures that if the Government asserts the 

state secret privilege to protect sensitive or classified information, 

the Government will not be penalized for doing so. This amendment removes the contractors and subcontractors of non-Federal 

employers from the whistleblower section. 

Results: Defeated 4–7. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea. 

Rules Committee record vote No. 98 

Date: March 26, 2007. 

Measure: H.R. 1401. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Mica (#5) of Florida to removes 

railroad employees from the whistleblower section of the bill. Expands the existing Title 49 whistleblower provision for railroad employees to include both safety and security. 

Results: Defeated 4–7. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay, Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea. 

Rules Committee record vote No. 99 

Date: March 26, 2007. 

Measure: H.R. 1401. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Mica (#4) of Florida to require 

the development of a national security needs assessment to determine the total cost of needed capital and operations security improvements for the Nation’s public transportation systems, freight 

railroads, intercity passenger railroads, and over-the-road bus companies. 

Results: Defeated 4–7. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 


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Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea. 

Rules Committee record vote No. 100 

Date: March 26, 2007. 

Measure: H.R. 1401. 

Motion by: Mr. Hastings of Washington. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Dent (#11) of Pennsylvania to 

requirer carriers who provide covered transportation to individuals 

entering the United States to provide passenger information to 

Customs and Border Protection (CBP) prior to arrival at or departure from a port of entry, expanding the Advance Passenger Information System (APIS) currently used for aviation and maritime. 

Results: Defeated 4–7. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea. 

Rules Committee record vote No. 101 

Date: March 26, 2007. 

Measure: H.R. 1401. 

Motion by: Mr. Hastings of Washington. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Brown-Waite (#2) to exclude security critical infrastructure information from disclosure under the 

Freedom of Information Act, including the criteria used by the Secretary to determine risk and create vulnerability assessments and 

security plans, among others. 

Results: Defeated 4–7. 

Vote by Members: McGovern—Nay; Hastings (FL)—Nay; Matsui—Nay; Welch—Nay; Castor—Nay; Arcuri—Nay; Sutton—Nay; 

Dreier—Yea; Diaz-Balart—Yea; Hastings (WA)—Yea; Sessions—

Yea. 

Rules Committee record vote No. 102 

Date: March 26, 2007. 

Measure: H.R. 1401. 

Motion by: Mr. Hastings of Florida. 

Summary of motion: To report the rule. 

Results: Adopted 7–4. 

Vote by Members: McGovern—Yea; Hastings (FL)—Yea; Matsui—Yea; Welch—Yea; Castor—Yea; Arcuri—Yea; Sutton—Yea; 

Dreier—Nay; Diaz-Balart—Nay; Hastings (WA)—Nay; Sessions—

Nay. 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Thompson, Bennie (MS): Manager’s Amendment. The amendment makes technical and clerical changes to H.R. 1401, as reported by the Committee on Homeland Security. It also clarifies 

the relationship between the Department of Homeland Security 

and Transportation in carrying out certain portions of the bill, and 

modifies the whistleblower protections for federal employees and 


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contractors to make them more similar to those granted in H.R. 

985. (10 minutes) 

2. Arcuri (NY): The amendment requires the Secretary of Homeland Security, in coordination with the Secretary of Transportation, 

to conduct an assessment of the safety and security vulnerabilities 

of placing high voltage direct current electric transmission lines 

along active railroad rights-of-way. The Amendment requires the 

Secretary to report the findings of this assessment to Congress 

within 6 months of enactment of the Act. (10 minutes) 

3. Cohen (TN): Establishes a program to coordinate with state 

and local governments to enable minimize the need for transportation of toxic inhalation hazardous materials by rail. (10 minutes) 

4. Castle (DE): This amendment requires the Secretary of Homeland Security to study foreign rail security practices that are not 

currently used in the U.S. and submit a report on recommendations for implementing such practices. (10 minutes) 

5. Sessions (TX): Prohibits funds in this act, except those noted 

in Section 108, from being used by Amtrak for any of the Top 10 

worst revenue losing long-distance routes as noted by its September 2006 monthly performance report. This amendment provides a waiver from this provision should the Secretary deem a 

route or a portion of a route as critical to homeland security. (10 

minutes) 

6. Flake (AZ): This amendment would strike section 203, ‘‘Transportation Security Administration Breeding Program Increase’’

which authorizes an increase in the number of domestically bred 

canines under the Transportation Security Administration’s Puppy 

Program. (10 minutes) 

7. Flake (AZ): This amendment would strike the section of the 

bill that provides a new Homeland Security grant program, ‘‘OverThe-Road Bus Security Assistance.’’ (10 minutes) 

8. Lynch (MA): The Amendment provides that not later than 1 

year after the Secretary issues the detailed worker training guidance required under Section 109, the Secretary must submit a report to Congress on the progress of providers of covered transportation in meeting the Section’s worker training requirements. The 

report must include the results of a survey, conducted by the Secretary, of covered workers regarding the effectiveness and adequacy of the training programs. (10 minutes) 

TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE THOMPSON

OF MISSISSIPPI, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Section 2(2)(E), strike ‘‘railroad and transit cars’’ and insert ‘‘railroad cars, public transportation cars and buses, and over-the-road 

buses’’. 

Section 2(6)(B), strike ‘‘the public transportation designated recipient providing the transportation’’ and insert ‘‘ the designated 

recipient’’. 

Section 2(14), strike the period after ‘‘over-the-road bus’’ and insert ‘‘—’’. 

After section 2, insert the following: 


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SEC. 3. NO PREEMPTION OF STATE LAW. 

(a) NO PREEMPTION OF STATE LAW.—Nothing in section 20106 of 

title 49, United States Code, preempts a State cause of action, or 

any damages recoverable in such an action, including negligence, 

recklessness, and intentional misconduct claims, unless compliance 

with State law would make compliance with Federal requirements 

impossible. Nothing in section 20106 of title 49, United States 

Code, confers Federal jurisdiction of a question for such a cause of 

action. 

(b) SECRETARIAL POWER.—Section 20106 of title 49, United 

States Code, preempts only positive laws, regulations, or orders by 

executive or legislative branch officials that expressly address railroad safety or security. The Secretary and the Secretary of Transportation have the power to preempt such positive enactments by 

substantially subsuming the same subject matter, pursuant to 

proper administrative procedures. 

Section 101(a), strike ‘‘, in consultation with the Secretary of 

Transportation,’’. 

Section 103, strike ‘‘, in consultation with the Secretary of Transportation,’’ each place it appears, except subsection (o). 

Section 103(c)(1), strike ‘‘high-or’’ and insert ‘‘high- or’’. 

Section 103(e), strike ‘‘vulnerabilities and security plans’’and insert ‘‘a vulnerability assessment and security plan’’. 

Section 103(k)(3)—

(1) strike ‘‘those submissions’’ and insert ‘‘such submission’’; 

and 

(2) strike ‘‘vulnerability assessments and security plans’’ and 

insert ‘‘the vulnerability assessment and security plan’’. 

Section 103(o), strike ‘‘, hereinafter referred to as ‘Amtrak’ ’’. 

Section 104(a), strike ‘‘, in consultation with the Secretary of 

Transportation,’’. 

Section 105(a), strike ‘‘, in consultation with the Secretary of 

Transportation,’’. 

Section 105(b)(2), strike ‘‘rail’’ and insert ‘‘railroad’’. 

Section 105(b)(3), strike ‘‘redevelopment and’’. 

Section 105(b)(4), insert ‘‘, including stations and other railroad 

transportation infrastructure owned by State or local governments’’

before the period. 

Section 105(b)(12) insert ‘‘security’’ before ‘‘inspection’’ each 

places it appears. 

Section 105(b)(16), strike ‘‘front-line railroad employees’’ and insert ‘‘railroad employees, including front-line employees’’. 

Strike section 105(c) and insert the following: 

(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—In 

carrying out the responsibilities under subsection (a), the Secretary 

shall—

(1) determine the requirements for recipients of grants under 

this section, including application requirements; 

(2) pursuant to subsection (f), determine who are the recipients of grants under this section; 

(3) pursuant to subsection (b), determine the uses for which 

grant funds may be used under this section; 

(4) establish priorities for uses of funds for grant recipients 

under this section; and 


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(5) not later than 5 business days after making determinations under paragraphs (1) through (4), transfer grant funds 

under this section to the Secretary of Transportation for distribution to the recipients of grants determined by the Secretary under paragraph (2). 

Section 105—

(1) strike subsection (f); 

(2) redesignate subsections (d) through (m) as subsections (g) 

through (o), respectively; 

(3) insert after subsection (c), as amended, the following: 

(d) DEPARTMENT OF TRANSPORTATION RESPONSIBILITIES.—The 

Secretary of Transportation shall distribute grant funds under this 

section to the recipients of grants determined by the Secretary 

under subsection (f). 

(e) MONITORING AND AUDITING.—The Department of Homeland 

Security and the Department of Transportation jointly shall monitor and audit the use of funds under this section. 

(f) ELIGIBILITY.—A railroad carrier is eligible for a grant under 

this section if the carrier has completed a vulnerability assessment 

and developed a security plan that the Secretary has approved 

under section 103. Grant funds may only be used for permissible 

uses under subsection (b) to further a rail security plan. 

Section 105(j), as redesignated (relating to standards)—

(1) strike ‘‘The Secretary shall require a’’ and insert ‘‘A’’; 

(2) after ‘‘108’’ insert ‘‘shall be required’’; and 

(3) strike ‘‘Amtrak’’ and insert ‘‘the National Railroad Passenger Corporation’’. 

Section 105(m), as redesignated (relating to guidelines)—

(1) strike ‘‘, in consultation with the Secretary of Transportation,’’; and 

(2) strike ‘‘recipients of grants under this section’’ the first 

place it appears and insert ‘‘, to the extent that recipients of 

grants under this section use contractors or subcontractors, 

such recipients’’. 

Section 105 strike subsection (n), as redesignated. 

Section 105, redesignate subsection (o), as redesignated, as subsection (n). 

Section 106, strike ‘‘, in consultation with the Secretary of Transportation,’’ each place it appears. 

Section 106(b)(2), insert ‘‘, including stations and other public 

transportation infrastructure owned by State or local governments’’

before the period. 

Section 106(b)—

(1) redesignate paragraphs (10) through (17) as paragraphs 

(11) through (18), respectively; and 

(2) after paragraph (9) insert the following: 

(10) Purchase and placement of bomb-resistant trash cans 

throughout public transportation facilities, including subway 

exits, entrances, and tunnels. 

Section 106(b)(15), as redesignated—

(1) strike ‘‘front-line’’ before ‘‘public’’; and 

(2) insert ‘‘, including front-line employees’’ after ‘‘employees’’. 


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Section 106(b)(16), as redesignated, after ‘‘reimbursement’’ insert ‘‘, including reimbursement of State, local, and tribal governments 

for costs,’’. Section 106(b)(17), as redesignated, after ‘‘costs’’ insert ‘‘, including reimbursement of State, local, and tribal governments for 

costs’’. At the end of section 106(b), strike paragraph (18), as redesignated, and insert the following: 

(18) Such other security improvements as the Secretary considers appropriate, including security improvements for newly 

completed public transportation systems that are not yet operable for passenger use. 

Section 106— (1) strike subsections (c) and (d); 

(2) redesignate subsections (e) through (j) as subsections (g) 

through (l), respectively; and 

(3) insert after subsection (b) the following: 

(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—In 

carrying out the responsibilities under subsection (a), the Secretary 

shall—

(1) determine the requirements for recipients of grants under 

this section, including application requirements; 

(2) pursuant to subsection (f), determine who are the recipients of grants under this section; 

(3) pursuant to subsection (b), determine the uses for which 

grant funds may be used under this section; 

(4) establish priorities for uses of funds for grant recipients 

under this section; and 

(5) not later than 5 business days after making determinations under paragraphs (1) through (4), transfer grant funds 

under this section to the Secretary of Transportation for distribution to the recipients of grants determined by the Secretary under paragraph (2). 

(d) DEPARTMENT OF TRANSPORTATION RESPONSIBILITIES.—The 

Secretary of Transportation shall distribute grant funds under this 

section to the recipients of grants determined by the Secretary 

under subsection (f). 

(e) MONITORING AND AUDITING.—The Department of Homeland 

Security and the Department of Transportation shall jointly monitor and audit the use of funds under this section. 

(f) ELIGIBILITY.—A designated recipient is eligible for a grant 

under this section if the recipient has completed a vulnerability assessment and developed a security plan that the Secretary has approved under section 103. Grant funds may only be used for permissible uses under subsection (b) to further a public transportation security plan. 

Section 106, subsection (g), as redesignated (relating to terms 

and conditions), strike ‘‘under effect’’ and insert ‘‘as in effect’’. 

Section 106, subsection (j), as redesignated (relating to guidelines), strike ‘‘recipients of grants under this section’’ the first place 

it appears and insert ‘‘, to the extent that recipients of grants 

under this section use contractors or subcontractors, such recipients shall’’. Section 106, strike subsection (k), as redesignated (relating to 

monitoring). 


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Section 106, redesignate subsection (l), as redesignated (relating 

to authorization of appropriations), as subsection (k). 

Section 107, strike ‘‘, in consultation with the Secretary of Transportation,’’ each place it appears. 

Section 107(b)(1), insert: ‘‘, including terminals and other overthe-road bus facilities owned by State or local governments’’ before 

the period. 

Section 107(b)(8) strike— (1) strike ‘‘front-line’’ before ‘‘over-the-road’’; and 

(2) insert ‘‘, including front-line employees’’ after ‘‘employees’’. Section 107(b)(10), after ‘‘reimbursement’’ insert ‘‘including reimbursement of State, local, and tribal governments for costs,’’. Section 107(b)(12), after ‘‘costs’’ insert ‘‘, including reimbursement 

of State, local, and tribal governments for such costs.’’. Section 107— (1) redesignate subsections (e) through (j) as subsections (g) 

through (l ), respectively; and 

(2) strike subsections (c) and (d) and insert the following: 

(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—In 

carrying out the responsibilities under subsection (a), the Secretary 

shall—

(1) determine the requirements for recipients of grants under 

this section, including application requirements; 

(2) pursuant to subsection (f), determine who are the recipients of grants under this section; 

(3) pursuant to subsection (b), determine the uses for which 

grant funds may be used under this section; 

(4) establish priorities for uses of funds for grant recipients 

under this section; and 

(5) not later than 5 business days of making determinations 

under paragraphs (1) through (4), transfer grant funds under 

this section to the Secretary of Transportation for distribution 

to the recipients of grants determined by the Secretary under 

paragraph (2). 

(d) DEPARTMENT OF TRANSPORTATION RESPONSIBILITIES.—The 

Secretary of Transportation shall distribute grant funds under this 

section to the recipients of grants determined by the Secretary 

under subsection (f). 

(e) MONITORING AND AUDITING.—The Department of Homeland 

Security and the Department of Transportation shall jointly monitor and audit the use of funds under this section. 

(f) ELIGIBILITY.—A private operator providing transportation by 

an over-the-road bus is eligible for a grant under this section if the 

operator has completed a vulnerability assessment and developed 

a security plan that the Secretary has approved under section 103. 

Grant funds may only be used for permissible uses under subsection (b) to further an over-the-road bus security plan. 

Section 107, subsection (i), as redesignated (relating to annual 

reports), after ‘‘funds’’ insert a period. 

Section 107, subsection (j), as redesignated (relating to guidelines), strike ‘‘recipients of grants under this section the first place 

it appears’’ and insert ‘‘to the extent that recipients of grants under 

this section use contractors or subcontractors, such recipients 

shall’’. 


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Section 107, strike subsection (k) as redesignated (relating to 

monitoring). 

Section 107, redesignate subsection (l), as redesignated (relating 

to authorization), as subsection (k). 

Section 108(a), strike ‘‘Amtrak’’ the first place it appears and insert ‘‘the National Railroad Passenger Corporation’’. Section 108(c) strike ‘‘recipients of grants under this section’’ the 

first place it appears and insert ‘‘, to the extent that recipients of 

grants under this section use contractors or subcontractors, such 

recipients shall’’. Section 109(a), strike ‘‘, in consultation with the Secretary of 

Transportation,’’. Section 109(a)(1), insert a comma after ‘‘employees’’. Section 109(b)(3) strike ‘‘and fire fighter workers’’ and insert ‘‘or 

emergency response personnel’’. Section 109(c)(9), strike ‘‘Any other subject’’ and insert ‘‘Other security training activities that’’. Section 109(d)(1), strike ‘‘in final form’’. Section 109(d)(2), insert ‘‘proposal’’ after ‘‘training program’’. Section 109(d)(3), insert ‘‘proposal’’ after ‘‘training program’’. Section 109(d)(4), insert ‘‘as necessary’’ after ‘‘workers’’. Section 110(a), strike ‘‘, in consultation with the Secretary of 

Transportation,’’. Section 110(c), strike ‘‘, in consultation with the Secretary of 

Transportation,’’. Section 110(c)(1), insert ‘‘working jointly with the Secretary of 

Transportation,’’ before ‘‘consolidates’’. Section 111(b)(3) strike ‘‘freight’’. Section 111(b), strike ‘‘and’’ at the end of paragraph (6), redesignate paragraph (7) as paragraph (8), and insert the following after 

paragraph (6): 

(7) to assess the vulnerabilities and risks associated with 

new rail and public transportation construction projects prior 

to their completion; and 

Section 111(c)(2)(E)— (1) strike ‘‘including,’’ and insert ‘‘, including’’; and 

(2) strike ‘‘Institution or Tribal University’’ and insert ‘‘Institutions or Tribal Universities’’. Strike section 112 of the bill and insert the following (and make 

all necessary technical and conforming changes): 

SEC. 112. WHISTLEBLOWER PROTECTIONS. 

(a) IN GENERAL.—No covered individual may be discharged, demoted, suspended, threatened, harassed, reprimanded, investigated, or in any other manner discriminated against, including by 

a denial, suspension, or revocation of a security clearance or by any 

other security access determination, if such discrimination is due, 

in whole or in part, to any lawful act done, perceived to have been 

done, or intended to be done by the covered individual—

(1) to provide information, cause information to be provided, 

or otherwise assist in an investigation regarding any conduct 

which the covered individual reasonably believes constitutes a 

violation of any law, rule, or regulation relating to rail, public 

transportation, or over-the-road-bus security, which the covered individual reasonably believes constitutes a threat to rail, 

public transportation, or over-the-road-bus security, or which 


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the covered individual reasonably believes constitutes fraud, 

waste, or mismanagement of Government funds intended to be 

used for rail, public transportation, or over-the-road-bus security, if the information or assistance is provided to or the investigation is conducted by—

(A) by a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General under the Inspector General Act of 1978 (5 U.S.C. 

App.; Public Law 95–452); 

(B) any Member of Congress, any committee of Congress, 

or the Government Accountability Office; or 

(C) a person with supervisory authority over the covered 

individual (or such other person who has the authority to 

investigate, discover, or terminate); 

(2) to file, cause to be filed, testify, participate in, or otherwise assist in a proceeding or action filed or about to be filed 

relating to an alleged violation of any law, rule, or regulation 

relating to rail, public transportation, or over-the-road bus security; or 

(3) to refuse to violate or assist in the violation of any law, 

rule, or regulation relating to rail public transportation, or 

over-the-road bus security. 

(b) ENFORCEMENT ACTION.—

(1) IN GENERAL.—A covered individual who alleges discharge 

or other discrimination by any person in violation of subsection 

(a) may—

(A) in the case of a covered individual who is employed 

by the Department or the Department of Transportation, 

seek relief in accordance with—

(i) the provisions of title 5, United States Code, to 

the same extent and in the same manner as if such individual were seeking relief from a prohibited personnel practice described in section 2302(b)(8) of such 

title; and 

(ii) the amendments made by section 112A; 

except that, if the disclosure involved consists in whole or 

in part of classified or sensitive information, clauses (i) 

and (ii) shall not apply, and such individual may seek relief in the same manner as provided by section 112B; 

(B) in the case of a covered individual who is a contractor or subcontractor of the Department or the Department of Transportation, seek relief in accordance with section 112B; and 

(C) in the case of any other covered individual, seek relief in accordance with the provisions of this section, with 

any petition or other request for relief under this section 

to be initiated by filing a complaint with the Secretary of 

Labor. 

(2) PROCEDURE.—

(A) IN GENERAL.—An action under paragraph (1)(C) shall 

be governed under the rules and procedures set forth in 

section 42121(b) of title 49, United States Code. 

(B) EXCEPTION.—Notification made under section 

42121(b)(1) of title 49, United States Code, shall be made 


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to the person named in the complaint and to the person’s 

employer. 

(C) BURDENS OF PROOF.—An action brought under paragraph (1)(C) shall be governed by the legal burdens of 

proof set forth in section 42121(b) of title 49, United States 

Code. 

(D) STATUTE OF LIMITATIONS.—An action under paragraph (1)(C) shall be commenced not later than 1 year 

after the date on which the violation occurs. 

(3) DE NOVO REVIEW.—With respect to a complaint under 

paragraph (1)(C), if the Secretary of Labor has not issued a 

final decision within 180 days after the filing of the complaint 

(or, in the event that a final order or decision is issued by the 

Secretary of Labor, whether within the 180-day period or 

thereafter, then, not later than 90 days after such an order or 

decision is issued), the covered individual may bring an original action at law or equity for de novo review in the appropriate district court of the United States, which shall have jurisdiction over such an action without regard to the amount in 

controversy, and which action shall, at the request of either 

party to such action, be tried by the court with a jury. 

(c) REMEDIES.— (1) IN GENERAL.—A covered individual prevailing in any action under subsection (b)(1)(C) shall be entitled to all relief 

necessary to make the covered individual whole. 

(2) DAMAGES.—Relief in an action under subsection (b)(1)(C) 

(including an action described in subsection (b)(3)) shall include—

(A) reinstatement with the same seniority status that 

the covered individual would have had, but for the discrimination; 

(B) the amount of any back pay, with interest; and 

(C) compensation for any special damages sustained as 

a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney fees. 

(3) POSSIBLE RELIEF.—Relief in an action under subsection 

(b)(1)(C) may include punitive damages in an amount not to 

exceed the greater of 3 times the amount of any compensatory 

damages awarded under this section or $5,000,000. 

(d) USE OF STATE SECRETS PRIVILEGE.—

(1) If, in any action for relief sought by a covered individual 

in accordance with the provisions of subsection (b)(1)(A), (B), or 

(C), the Government agency moves to withhold information 

from discovery based on a claim that disclosure would be inimical to national security by asserting the privilege commonly 

referred to as the ‘‘state secrets privilege’’, and if the assertion 

of such privilege prevents the covered individual from establishing an element in support of the covered individual’s claim, 

the court shall resolve the disputed issue of fact or law in favor 

of the covered individual, provided that, in an action brought 

by a covered individual in accordance with the provisions of 

subsection (b)(1)(A) or (B), an Inspector General investigation 

under section 112B has resulted in substantial confirmation of 

that element, or those elements, of the covered individual’s 

claim. 


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(2) In any case in which the Government agency asserts the 

privilege commonly referred to as the ‘‘state secrets privilege’’, whether or not an Inspector General has conducted an investigation with respect to the alleged discrimination, the head of 

the Government agency involved shall, at the same time it asserts the privilege, issue a report to authorized Members of 

Congress, accompanied by a classified annex if necessary, describing the reasons for the assertion, explaining why the court 

hearing the matter does not have the ability to maintain the 

protection of classified information related to the assertion, detailing the steps the agency has taken to arrive at a mutually 

agreeable settlement with the covered individual, setting forth 

the date on which the classified information at issue will be declassified, and providing all relevant information about the underlying substantive matter. 

(e) CRIMINAL PENALTIES.—

(1) IN GENERAL.—It shall be unlawful for any person employing a covered individual described in subsection (b)(1)(C) to 

commit an act prohibited by subsection (a). Any person who 

willfully violates this section by terminating or retaliating 

against any such covered individual who makes a claim under 

this section shall be fined under title 18, United States Code, 

imprisoned not more than 1 year, or both. 

(2) REPORTING REQUIREMENT.— (A) IN GENERAL.—The Attorney General shall submit to 

the appropriate congressional committees an annual report 

on the enforcement of paragraph (1). 

(B) CONTENTS.—Each such report shall— (i) identify each case in which formal charges under 

paragraph (1) were brought; 

(ii) describe the status or disposition of each such 

case; and 

(iii) in any actions under subsection (b)(1)(C) in 

which the covered individual was the prevailing party 

or the substantially prevailing party, indicate whether 

or not any formal charges under paragraph (1) have 

been brought and, if not, the reasons therefor. 

(f) NO PREEMPTION.—Nothing in this section, section 112A, or 

section 112B preempts or diminishes any other safeguards against 

discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, or any other manner of discrimination provided by Federal or State law. 

(g) RIGHTS RETAINED BY COVERED INDIVIDUAL.—Nothing in this 

section, section 112A, or section 112B shall be deemed to diminish 

the rights, privileges, or remedies of any covered individual under 

any Federal or State law or under any collective bargaining agreement. The rights and remedies in this section, section 112A and 

section 112B may not be waived by any agreement, policy, form, or 

condition of employment. 

(h) DEFINITIONS.—In this section, section 112A and section 112B, 

the following definitions apply: 

(1) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means an employee of— (A) the Department; 

(B) the Department of Transportation; 


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(C) a contractor or subcontractor; and 

(D) an employer within the meaning of section 701(b) of 

the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)) and who 

is a provider of covered transportation. 

(2) LAWFUL.—The term ‘‘lawful’’ means not specifically prohibited by law, except that, in the case of any information the 

disclosure of which is specifically prohibited by law or specifically required by Executive order to be kept classified in the 

interest of national defense or the conduct of foreign affairs, 

any disclosure of such information to any Member of Congress, 

committee of Congress, or other recipient authorized to receive 

such information, shall be deemed lawful. 

(3) CONTRACTOR.—The term ‘‘contractor’’ means a person 

who has entered into a contract with the Department, the Department of Transportation, or a provider of covered transportation. 

(4) EMPLOYEE.—The term ‘‘employee’’ means—

(A) with respect to an employer referred to in paragraph 

(1)(A) or (1)(B), an employee as defined by section 2105 of 

title 5, United States Code; and 

(B) with respect to an employer referred to in paragraph 

(1)(C) or (1)(D), any officer, partner, employee, or agent. 

(5) SUBCONTRACTOR.—The term ‘‘subcontractor’’—

(A) means any person, other than the contractor, who offers to furnish or furnishes any supplies, materials, equipment, or services of any kind under a contract with the 

Department, the Department of Transportation, or a provider of covered transportation; and 

(B) includes any person who offers to furnish or furnishes general supplies to the contractor or a higher tier 

subcontractor. 

(6) PERSON.—The term ‘‘person’’ means a corporation, partnership, State entity, business association of any kind, trust, 

joint-stock company, or individual. 

Section 113(c), strike ‘‘the Secretary of Transportation and’’. Section 116(b), strike ‘‘designate the Center’’ and insert ‘‘select 

an institution of higher education to operate the National Transportation Security Center of Excellence’’. Section 116(c)— (1) redesignate paragraphs (1) through (3) as paragraphs (2) 

through (4), respectively; and 

(2) insert after the subsection heading the following: 

(1) CONSORTIUM.—The institution of higher education selected under subsection (b) shall execute agreements with 

other institutions of higher education to develop a consortium 

to assist in accomplishing the goals of the Center. 

Section 116(c)(3), as redesignated, insert ‘‘or’’ before ‘‘Tribal’’. 

Section 116, strike ‘‘Consortium’’ each place it appears and insert 

‘‘consortium’’. Section 118, after ‘‘risk’’ strike all that follows through ‘‘security’’. Section 120(d)(1), strike ‘‘any rule’’ and all that follows through ‘‘an employer’’ and insert the following: ‘‘if an employer performs 

background checks to satisfy any rule, regulation, directive, or 

other guidance issued by the Secretary regarding background 

checks of covered individuals, the employer shall be prohibited’’. 


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Section 123(a), strike ‘‘the Committee on Homeland Security and 

Government Affairs of the Senate and the Committee on Homeland 

Security of the House of Representatives’’ and insert ‘‘the appropriate congressional committees’’. Section 124, strike ‘‘railcar’’ and insert ‘‘railroad car’’ each place 

it appears. 

Section 124(b)(1), strike subparagraph (B) and insert the following: 

(B) More than 25 kilograms (55 pounds) of a division 1.1, 

1.2, or 1.3 explosive, as defined in section 173.50 of title 

49, Code of Federal Regulations, in a motor vehicle, rail 

car, or freight container. 

Section 124(b)(3)(A), strike ‘‘railyards’’ and insert ‘‘railroad 

yards’’. Section 124 (f), insert ‘‘railroad’’ before ‘‘carrier’’. Section 125(d)— (1) redesignate paragraph (16) as paragraph (17); 

(2) in paragraph (15), strike ‘‘and’’ after the semicolon; and 

(3) after paragraph (15), insert the following: 

(16) nonprofit employee labor organizations; and 

Section 124(f), insert ‘‘railroad’’ before ‘‘carrier’’. Section 125 at the end, insert the following: 

(f) SAVINGS PROVISION.—An action of the Secretary or the Secretary of Transportation under this Act is not an exercise, under 

section 4(b)(1) of the Occupational Safety and Health Act of 1970 

(29 U.S.C. 653(b)(1)), of statutory authority to prescribe or enforce 

standards or regulations affecting occupational safety or health. 

Section 126(a)(1), ‘‘The Secretary shall’’ and insert ‘‘The Secretary and the Secretary of Transportation shall jointly’’. Section 126(a)(2), strike ‘‘the Secretary shall’’ and insert ‘‘the Secretary and the Secretary of Transportation shall jointly’’. Section 126(a)(3), insert ‘‘and the Secretary of Transportation’’ after ‘‘Secretary’’. Section 126(b)(3), insert ‘‘and the Secretary of Transportation’’

after ‘‘Secretary’’. 

Section 128, strike ‘‘shall’’ and insert ‘‘should’’. 

Section 128, insert ‘‘(a) PREFERENCE.—’’ before ‘‘In’’. Section 128 at the end, insert the following: 

(b) SAVINGS PROVISION.—Nothing in this section shall affect 

grant recipient requirements pursuant to section 5323(j) of title 49, 

United States Code, section 24305(f) of title 49, United States 

Code, and the Buy American Act (41 U.S.C. 10). 

Section 130(a), strike ‘‘undeclared passengers or contraband, including’’. Section 130 at the end, insert the following: 

(c) USE OF TRANSPORTATION DATA.—In carrying out this subsection, the Secretary shall make use of data collected and maintained by the Secretary of Transportation. 

Section 131, strike the text and insert the following: ‘‘In carrying 

out section 119, the Secretary shall require each provider of covered transportation, including contractors and subcontractors, assigned to a high-risk tier under section 102 to submit the names 

of their employees to the Secretary to conduct checks of their employees against available terrorist watchlists and immigration status databases.’’. 


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At the end of title I, insert the following (and conform the table 

of contents accordingly): 

SEC. 132. REVIEW OF GRANT-MAKING EFFICIENCY. 

(a) ANNUAL STUDY.—The Comptroller General of the United 

States shall conduct an annual study for each of the first 3 years 

after the enactment of this title regarding the administration and 

use of the grants awarded under sections 105, 106, and 107 of this 

title, including—

(1) the efficiency of the division of the grant-making process, 

including whether the Department of Transportation’s role in 

distributing, auditing, and monitoring the grant funds produces efficiency compared to the consolidation of these responsibilities in the Department of Homeland Security; 

(2) whether the roles of the Department of Homeland Security and the Department of Transportation in the administration of the grants permit the grants to be awarded and used 

in a timely and efficient manner and according to their intended purposes; 

(3) the use of grant funds, including whether grant funds are 

used for authorized purposes. 

(b) REPORT.—The Comptroller General of the United States shall 

submit an annual report to the appropriate congressional committees on the results of the study for each of the first 3 years after 

enactment of this title, including any recommendations for improving the administration and use of the grant funds awarded under 

sections 105, 106, and 107. 

SEC. 133. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY AND 

THE DEPARTMENT OF TRANSPORTATION. 

The Secretary of Homeland Security is the principal Federal official responsible for transportation security. The roles and responsibilities of the Department of Homeland Security and the Department of Transportation in carrying out sections 101, 103, 104, 105, 

106, 107, 109, 110, 111, 113, 123, 124, 125, 126, 127, 128, 129, 130, 

131, and 201 of this Act are the roles and responsibilities of such 

Departments pursuant to the Aviation and Transportation Security 

Act (Public Law 107–71); the Intelligence Reform and Terrorism 

Prevention Act of 2004 (Public Law 108–458); the National Infrastructure Protection Plan required by Homeland Security Presidential Directive 7; Executive Order 13416: Strengthening Surface 

Transportation Security, dated December 5, 2006; the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities, dated 

September 28, 2004; the Annex to the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities concerning Railroad Security, dated September 28, 2006; the Annex to the Memorandum of 

Understanding between the Department and the Department of 

Transportation on Roles and Responsibilities concerning Public 

Transportation Security, dated September 8, 2005; and any subsequent agreements between the Department of Homeland Security 

and the Department of Transportation. 

Section 201(a), strike ‘‘ensure that canine detection teams are deployed’’ and insert ‘‘encourage the deployment of canine detection 

teams’’. 


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Section 201(b), strike ‘‘to increase’’ and insert ‘‘to encourage an 

increase in’’. 

Strike ‘‘rail carrier’’ and insert ‘‘railroad carrier’’ each place it appears in the bill. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ARCURI OF

NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, insert the following (and conform the table 

of contents accordingly): 

SEC. ll. ASSESSMENT AND REPORT. 

(a) STUDY.—The Secretary, in coordination with the Secretary of 

Transportation, shall assess the safety and security vulnerabilities 

of placing high voltage direct current electric transmission lines 

along active railroad rights-of-way. In conducting the assessment, 

the Secretary shall, at a minimum, evaluate the risks to local inhabitants and to consumers of electric power transmitted by those 

lines, associated with a train collision or derailment that damages 

such electric transmission lines. 

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall transmit the results of the assessment in subsection (a) to the appropriate congressional committees as defined in this Act. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE COHEN OF

TENNESSEE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, add the following: 

SEC. lllll. ALTERNATIVE MATERIAL SOURCES. 

The Secretary of Transportation, in consultation with the Secretary, shall establish a program to coordinate with State and local 

governments to minimize the need for transportation of toxic inhalation hazardous materials by rail. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE OF

DELAWARE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, insert the following (and conform the table 

of contents accordingly): 

SEC. lll. STUDY OF FOREIGN RAIL SECURITY PRACTICES. 

The Secretary shall— (1) study select foreign rail security practices, and the cost 

and feasibility of implementing selected best practices that are 

not currently used in the United States, including—

(A) implementing covert testing processes to evaluate 

the effectiveness of rail system security personnel; 

(B) implementing practices used by foreign rail operators 

that integrate security into infrastructure design; 

(C) implementing random searches or screening of passengers and their baggage; and 

(D) establishing and maintaining an information clearinghouse on existing and emergency security technologies 


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and security best practices used in the passenger rail industry both in the United States and abroad; and 

(2) report the results of the study, together with any recommendations that the Secretary may have for implementing 

covert testing, practices for integrating security in infrastructure design, random searches or screenings, and an information clearinghouse to the Committee on Homeland Security 

and Governmental Affairs of the Senate, the Committee on 

Homeland Security of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure 

of the House of Representatives not later than 1 year after the 

date of enactment of this Act. 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESSIONS

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title I, insert the following new section: 

SEC. 132. USE OF FUNDS BY AMTRAK. 

None of the funds appropriated pursuant to this Act, except pursuant to section 108, may be used by Amtrak for any of the 10 

long-distance routes of Amtrak that have the highest cost per seat/ 

mile ratios according to the September 2006 Amtrak monthly performance report, unless the Secretary has transmitted to Congress 

a waiver of the requirement under this section with respect to a 

route or portion of a route that the Secretary considers to be critical to homeland security. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLAKE OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 203. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE FLAKE OF

ARIZONA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 107 and redesignate the succeeding sections accordingly and conform the table of contents. 

8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LYNCH OF

MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of section 109, add the following: 

(g) REPORTING REQUIREMENTS.—Not later than one year after 

the issuance of guidelines under subsection (a)(2), the Secretary 

shall conduct a survey regarding the satisfaction of workers regarding the effectiveness and adequacy of the training programs. In addition, the Secretary shall submit a report to the appropriate congressional committees regarding the results of the survey and the 

progress of providers of covered transportation in meeting the requirements of paragraphs (1) and (3) of subsection (d). 

Æ 


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