II 

Calendar No. 26 

110TH CONGRESS 

1ST SESSION S. 184 

To provide improved rail and surface transportation security. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. INOUYE (for himself, Mr. STEVENS, Mr. LAUTENBERG, Ms. SNOWE, Mr. 

ROCKEFELLER, Mr. KERRY, Mr. LIEBERMAN, Mrs. BOXER, Mr. PRYOR, 

Mr. CARPER, Mr. BIDEN, Mr. BAUCUS, Mrs. CLINTON, Mr. SCHUMER, 

Mr. DORGAN, Ms. MIKULSKI, Mr. DURBIN, Mr. MENENDEZ, Mrs. 

HUTCHISON, Mr. SPECTER, Ms. KLOBUCHAR, Ms. COLLINS, and Ms. 

CANTWELL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

FEBRUARY 15, 2007 

Reported by Mr. INOUYE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To provide improved rail and surface transportation security. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Surface Transpor5 tation and Rail Security Act of 2007’’. 

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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—IMPROVED RAIL SECURITY 

Sec. 101. Rail transportation security risk assessment. 

Sec. 102. Systemwide amtrak security upgrades. 

Sec. 103. Fire and life-safety improvements. 

Sec. 104. Freight and passenger rail security upgrades. 

Sec. 105. Rail security research and development. 

Sec. 106. Oversight and grant procedures. 

Sec. 107. Amtrak plan to assist families of passengers involved in rail passenger accidents. 

Sec. 108. Northern border rail passenger report. 

Sec. 109. Rail worker security training program. 

Sec. 110. Whistleblower protection program. 

Sec. 111. High hazard material security threat mitigation plans. 

Sec. 112. Memorandum of agreement. 

Sec. 113. Rail security enhancements. 

Sec. 114. Public awareness. 

Sec. 115. Railroad high hazard material tracking. 

Sec. 116. Authorization of appropriations. 

TITLE II—IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS 

MATERIAL SECURITY 

Sec. 201. Hazardous materials highway routing. 

Sec. 202. Motor carrier high hazard material tracking. 

Sec. 203. Hazardous materials security inspections and enforcement. 

Sec. 204. Truck security assessment. 

Sec. 205. National public sector response system. 

Sec. 206. Over-the-road bus security assistance. 

Sec. 207. Pipeline security and incident recovery plan. 

Sec. 208. Pipeline security inspections and enforcement. 

Sec. 209. Technical corrections. 

Sec. 210. Certain personnel limitations not to apply. 

3 TITLE I—IMPROVED RAIL 

4 SECURITY 

5 SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESS6 MENT. 

7 (a) IN GENERAL.— 

8 (1) VULNERABILITY AND RISK ASSESSMENT.— 

9 The Secretary of Homeland Security shall establish 

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1 a task force, including the Transportation Security 

2 Administration, the Department of Transportation, 

3 and other appropriate agencies, to complete a vul4 nerability and risk assessment of freight and pas5 senger rail transportation (encompassing railroads, 

6 as that term is defined in section 20102(1) of title 

7 49, United States Code). The assessment shall in8 clude— 

9 (A) a methodology for conducting the risk 

10 assessment, including timelines, that addresses 

11 how the Department of Homeland Security will 

12 work with the entities describe in subsection (b) 

13 and make use of existing Federal expertise 

14 within the Department of Homeland Security, 

15 the Department of Transportation, and other 

16 appropriate agencies; 

17 (B) identification and evaluation of critical 

18 assets and infrastructures; 

19 (C) identification of vulnerabilities and 

20 risks to those assets and infrastructures; 

21 (D) identification of vulnerabilities and 

22 risks that are specific to the transportation of 

23 hazardous materials via railroad; 

24 (E) identification of security weaknesses in 

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1 frastructure, protection systems, procedural 

2 policies, communications systems, employee 

3 training, emergency response planning, and any 

4 other area identified by the assessment; and 

5 (F) an account of actions taken or planned by 

6 both public and private entities to address identified 

7 rail security issues and assess the effective integra8 tion of such actions. 

9 (2) RECOMMENDATIONS.—Based on the assess10 ment conducted under paragraph (1), the Secretary, 

11 in consultation with the Secretary of Transportation, 

12 shall develop prioritized recommendations for im13 proving rail security, including any recommendations 

14 the Secretary has for— 

15 (A) improving the security of rail tunnels, 

16 rail bridges, rail switching and car storage 

17 areas, other rail infrastructure and facilities, in18 formation systems, and other areas identified 

19 by the Secretary as posing significant rail-re20 lated risks to public safety and the movement 

21 of interstate commerce, taking into account the 

22 impact that any proposed security measure 

23 might have on the provision of rail service; 

24 (B) deploying equipment to detect explo25 sives and hazardous chemical, biological, and 

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1 radioactive substances, and any appropriate 

2 countermeasures; 

3 (C) training appropriate railroad or rail4 road shipper employees in terrorism prevention, 

5 passenger evacuation, and response activities; 

6 (D) conducting public outreach campaigns 

7 on passenger railroads; 

8 (E) deploying surveillance equipment; and 

9 (F) identifying the immediate and long10 term costs of measures that may be required to 

11 address those risks. 

12 (3) PLANS.—The report required by subsection 

13 (c) shall include— 

14 (A) a plan, developed in consultation with 

15 the freight and intercity passenger railroads, 

16 and State and local governments, for the Fed17 eral government to provide increased security 

18 support at high or severe threat levels of alert; 

19 (B) a plan for coordinating existing and 

20 planned rail security initiatives undertaken by 

21 the public and private sectors; and 

22 (C) a contingency plan, developed in con23 junction with freight and intercity and com24 muter passenger railroads, to ensure the contin25 ued movement of freight and passengers in the 

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1 event of an attack affecting the railroad system, 

2 which shall contemplate— 

3 (i) the possibility of rerouting traffic 

4 due to the loss of critical infrastructure, 

5 such as a bridge, tunnel, yard, or station; 

6 and 

7 (ii) methods of continuing railroad 

8 service in the Northeast Corridor in the 

9 event of a commercial power loss, or catas10 trophe affecting a critical bridge, tunnel, 

11 yard, or station. 

12 (b) CONSULTATION; USE OF EXISTING RE13 SOURCES.—In carrying out the assessment and developing 

14 the recommendations and plans required by subsection 

15 (a), the Secretary of Homeland Security shall consult with 

16 rail management, rail labor, owners or lessors of rail cars 

17 used to transport hazardous materials, first responders, 

18 shippers of hazardous materials, public safety officials, 

19 and other relevant parties. 

20 (c) REPORT.— 

21 (1) CONTENTS.—Within 180 days after the 

22 date of enactment of this Act, the Secretary shall 

23 transmit to the Senate Committee on Commerce, 

24 Science, and Transportation, the House of Rep25 resentatives Committee on Transportation and Inmstockstill on PROD1PC66 with BILLS

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1 frastructure, and the House of Representatives Com2 mittee on Homeland Security a report containing the 

3 assessment, prioritized recommendations, and plans 

4 required by subsection (a) and an estimate of the 

5 cost to implement such recommendations. 

6 (2) FORMAT.—The Secretary may submit the 

7 report in both classified and redacted formats if the 

8 Secretary determines that such action is appropriate 

9 or necessary. 

10 (d) ANNUAL UPDATES.—The Secretary, in consulta11 tion with the Secretary of Transportation, shall update the 

12 assessment and recommendations each year and transmit 

13 a report, which may be submitted in both classified and 

14 redacted formats, to the Committees named in subsection 

15 (c)(1), containing the updated assessment and rec16 ommendations. 

17 (e) FUNDING.—Out of funds appropriated pursuant 

18 to section 114(u) of title 49, United States Code, as 

19 amended by section 116 of this Act, there shall be made 

20 available to the Secretary of Homeland Security to carry 

21 out this section $5,000,000 for fiscal year 2008. 

22 SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

23 (a) IN GENERAL.—Subject to subsection (c) the Sec24 retary of Homeland Security, in consultation with the As25 sistant Secretary of Homeland Security (Transportation 

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1 Security Administration), is authorized to make grants to 

2 Amtrak— 

3 (1) to secure major tunnel access points and en4 sure tunnel integrity in New York, Baltimore, and 

5 Washington, DC; 

6 (2) to secure Amtrak trains; 

7 (3) to secure Amtrak stations; 

8 (4) to obtain a watch list identification system 

9 approved by the Secretary; 

10 (5) to obtain train tracking and interoperable 

11 communications systems that are coordinated to the 

12 maximum extent possible; 

13 (6) to hire additional police and security offi14 cers, including canine units; 

15 (7) to expand emergency preparedness efforts; 

16 and 

17 (8) for employee security training. 

18 (b) CONDITIONS.—The Secretary of Transportation 

19 shall disburse funds to Amtrak provided under subsection 

20 (a) for projects contained in a systemwide security plan 

21 approved by the Secretary of Homeland Security. The 

22 plan shall include appropriate measures to address secu23 rity awareness, emergency response, and passenger evacu24 ation training. 

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1 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The 

2 Secretary shall ensure that, subject to meeting the highest 

3 security needs on Amtrak’s entire system and consistent 

4 with the risk assessment required under section 101, sta5 tions and facilities located outside of the Northeast Cor6 ridor receive an equitable share of the security funds au7 thorized by this section. 

8 (d) AVAILABILITY OF FUNDS.—Out of funds appro9 priated pursuant to section 114(u) of title 49, United 

10 States Code, as amended by section 116 of this Act,, there 

11 shall be made available to the Secretary of Homeland Se12 curity and the Assistant Secretary of Homeland Security 

13 (Transportation Security Administration) to carry out this 

14 section— 

15 (1) $63,500,000 for fiscal year 2008; 

16 (2) $30,000,000 for fiscal year 2009; and 

17 (3) $30,000,000 for fiscal year 2010. 

18 Amounts appropriated pursuant to this subsection shall 

19 remain available until expended. 

20 SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS. 

21 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans22 portation, in consultation with the Secretary of Homeland 

23 Security, is authorized to make grants to Amtrak for the 

24 purpose of making fire and life-safety improvements to 

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1 Amtrak tunnels on the Northeast Corridor in New York, 

2 NY, Baltimore, MD, and Washington, DC. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

4 funds appropriated pursuant to section 116(b) of this Act, 

5 there shall be made available to the Secretary of Transpor6 tation for the purposes of carrying out subsection (a) the 

7 following amounts: 

8 (1) For the 6 New York tunnels to provide ven9 tilation, electrical, and fire safety technology up10 grades, emergency communication and lighting sys11 tems, and emergency access and egress for pas12 sengers— 

13 (A) $100,000,000 for fiscal year 2008; 

14 (B) $100,000,000 for fiscal year 2009; 

15 (C) $100,000,000 for fiscal year 2010; and 

16 (D) $100,000,000 for fiscal year 2011. 

17 (2) For the Baltimore & Potomac tunnel and 

18 the Union tunnel, together, to provide adequate 

19 drainage, ventilation, communication, lighting, and 

20 passenger egress upgrades— 

21 (A) $10,000,000 for fiscal year 2008; 

22 (B) $10,000,000 for fiscal year 2009; 

23 (C) $10,000,000 for fiscal year 2010; and 

24 (D) $10,000,000 for fiscal year 2011. 

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1 (3) For the Washington, DC, Union Station 

2 tunnels to improve ventilation, communication, light3 ing, and passenger egress upgrades— 

4 (A) $8,000,000 for fiscal year 2008; 

5 (B) $8,000,000 for fiscal year 2009; 

6 (C) $8,000,000 for fiscal year 2010; and 

7 (D) $8,000,000 for fiscal year 2011. 

8 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap9 propriated pursuant to section 116(b) of this Act, there 

10 shall be made available to the Secretary of Transportation 

11 for fiscal year 2008 $3,000,000 for the preliminary design 

12 of options for a new tunnel on a different alignment to 

13 augment the capacity of the existing Baltimore tunnels. 

14 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

15 Amounts made available pursuant to this section shall re16 main available until expended. 

17 (e) PLANS REQUIRED.—The Secretary of Transpor18 tation may not make amounts available to Amtrak for ob19 ligation or expenditure under subsection (a)— 

20 (1) until Amtrak has submitted to the Sec21 retary, and the Secretary has approved, an engineer22 ing and financial plan for such projects; and 

23 (2) unless, for each project funded pursuant to 

24 this section, the Secretary has approved a project 

25 management plan prepared by Amtrak addressing 

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1 appropriate project budget, construction schedule, 

2 recipient staff organization, document control and 

3 record keeping, change order procedure, quality con4 trol and assurance, periodic plan updates, and peri5 odic status reports. 

6 (f) REVIEW OF PLANS.—The Secretary of Transpor7 tation shall complete the review of the plans required by 

8 paragraphs (1) and (2) of subsection (e) and approve or 

9 disapprove the plans within 45 days after the date on 

10 which each such plan is submitted by Amtrak. If the Sec11 retary determines that a plan is incomplete or deficient, 

12 the Secretary shall notify Amtrak of the incomplete items 

13 or deficiencies and Amtrak shall, within 30 days after re14 ceiving the Secretary’s notification, submit a modified 

15 plan for the Secretary’s review. Within 15 days after re16 ceiving additional information on items previously included 

17 in the plan, and within 45 days after receiving items newly 

18 included in a modified plan, the Secretary shall either ap19 prove the modified plan, or, if the Secretary finds the plan 

20 is still incomplete or deficient, the Secretary shall identify 

21 in writing to the Senate Committee on Commerce, Science, 

22 and Transportation, the House of Representatives Com23 mittee on Transportation and Infrastructure, and the 

24 House of Representatives Committee on Homeland Secu25 rity the portions of the plan the Secretary finds incomplete 

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1 or deficient, approve all other portions of the plan, obligate 

2 the funds associated with those other portions, and exe3 cute an agreement with Amtrak within 15 days thereafter 

4 on a process for resolving the remaining portions of the 

5 plan. 

6 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN7 NEL USERS.—The Secretary shall, taking into account the 

8 need for the timely completion of all portions of the tunnel 

9 projects described in subsection (a)— 

10 (1) consider the extent to which rail carriers 

11 other than Amtrak use or plan to use the tunnels; 

12 (2) consider the feasibility of seeking a financial 

13 contribution from those other rail carriers toward 

14 the costs of the projects; and 

15 (3) obtain financial contributions or commit16 ments from such other rail carriers at levels reflect17 ing the extent of their use or planned use of the tun18 nels, if feasible. 

19 SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY UP20 GRADES. 

21 (a) SECURITY IMPROVEMENT GRANTS.—The Sec22 retary of Homeland Security, through the Assistant Sec23 retary of Homeland Security (Transportation Security Ad24 ministration) and other appropriate agencies, is author25 ized to make grants to freight railroads, the Alaska Railmstockstill on PROD1PC66 with BILLS

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1 road, hazardous materials shippers, owners of rail cars 

2 used in the transportation of hazardous materials, univer3 sities, colleges and research centers, State and local gov4 ernments (for rail passenger facilities and infrastructure 

5 not owned by Amtrak), and, through the Secretary of 

6 Transportation, to Amtrak, for full or partial reimburse7 ment of costs incurred in the conduct of activities to pre8 vent or respond to acts of terrorism, sabotage, or other 

9 intercity passenger rail and freight rail security 

10 vulnerabilities and risks identified under section 101, in11 cluding— 

12 (1) security and redundancy for critical commu13 nications, computer, and train control systems essen14 tial for secure rail operations; 

15 (2) accommodation of rail cargo or passenger 

16 screening equipment at the United States-Mexico 

17 border, the United States-Canada border, or other 

18 ports of entry; 

19 (3) the security of hazardous material transpor20 tation by rail; 

21 (4) secure intercity passenger rail stations, 

22 trains, and infrastructure; 

23 (5) structural modification or replacement of 

24 rail cars transporting high hazard materials to im25 prove their resistance to acts of terrorism; 

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1 (6) employee security awareness, preparedness, 

2 passenger evacuation, and emergency response train3 ing; 

4 (7) public security awareness campaigns for 

5 passenger train operations; 

6 (8) the sharing of intelligence and information 

7 about security threats; 

8 (9) to obtain train tracking and interoperable 

9 communications systems that are coordinated to the 

10 maximum extent possible; 

11 (10) to hire additional police and security offi12 cers, including canine units; and 

13 (11) other improvements recommended by the 

14 report required by section 101, including infrastruc15 ture, facilities, and equipment upgrades. 

16 (b) ACCOUNTABILITY.—The Secretary shall adopt 

17 necessary procedures, including audits, to ensure that 

18 grants made under this section are expended in accord19 ance with the purposes of this title and the priorities and 

20 other criteria developed by the Secretary. 

21 (c) ALLOCATION.—The Secretary shall distribute the 

22 funds authorized by this section based on risk and vulner23 ability as determined under section 101, and shall encour24 age non-Federal financial participation in awarding 

25 grants. With respect to grants for intercity passenger rail 

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1 security, the Secretary shall also take into account pas2 senger volume and whether a station is used by commuter 

3 rail passengers as well as intercity rail passengers. 

4 (d) CONDITIONS.—The Secretary of Transportation 

5 may not disburse funds to Amtrak under subsection (a) 

6 unless Amtrak meets the conditions set forth in section 

7 102(b) of this Act. 

8 (e) ALLOCATION BETWEEN RAILROADS AND OTH9 ERS.—Unless as a result of the assessment required by 

10 section 101 the Secretary of Homeland Security deter11 mines that critical rail transportation security needs re12 quire reimbursement in greater amounts to any eligible 

13 entity, no grants under this section may be made— 

14 (1) in excess of $45,000,000 to Amtrak; or 

15 (2) in excess of $80,000,000 for the purposes 

16 described in paragraphs (3) and (5) of subsection 

17 (a). 

18 (f) AUTHORIZATION OF APPROPRIATIONS.—Out of 

19 funds appropriated pursuant to section 114(u) of title 49, 

20 United States Code, as amended by section 116 of this 

21 Act,, there shall be made available to the Secretary of 

22 Homeland Security to carry out this section— 

23 (1) $100,000,000 for fiscal year 2008; 

24 (2) $100,000,000 for fiscal year 2009; and 

25 (3) $100,000,000 for fiscal year 2010. 

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1 Amounts made available pursuant to this subsection shall 

2 remain available until expended. 

3 (g) HIGH HAZARD MATERIALS DEFINED.—In this 

4 section, the term ‘‘high hazard materials’’ means quan5 tities of poison inhalation hazard materials, Class 2.3 

6 gases, Class 6.1 materials, and anhydrous ammonia that 

7 the Secretary, in consultation with the Secretary of Trans8 portation, determines pose a security risk. 

9 SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

10 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP11 MENT PROGRAM.—The Secretary of Homeland Security, 

12 through the Under Secretary for Science and Technology 

13 and the Assistant Secretary of Homeland Security (Trans14 portation Security Administration), in consultation with 

15 the Secretary of Transportation shall carry out a research 

16 and development program for the purpose of improving 

17 freight and intercity passenger rail security that may in18 clude research and development projects to— 

19 (1) reduce the vulnerability of passenger trains, 

20 stations, and equipment to explosives and hazardous 

21 chemical, biological, and radioactive substances; 

22 (2) test new emergency response techniques and 

23 technologies; 

24 (3) develop improved freight technologies, in25 cluding— 

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1 (A) technologies for sealing rail cars; 

2 (B) automatic inspection of rail cars; 

3 (C) communication-based train controls; 

4 and 

5 (D) emergency response training; 

6 (4) test wayside detectors that can detect tam7 pering with railroad equipment; 

8 (5) support enhanced security for the transpor9 tation of hazardous materials by rail, including— 

10 (A) technologies to detect a breach in a 

11 tank car or other rail car used to transport haz12 ardous materials and transmit information 

13 about the integrity of cars to the train crew or 

14 dispatcher; 

15 (B) research to improve tank car integrity, 

16 with a focus on tank cars that carry high haz17 ard materials (as defined in section 104(g) of 

18 this Act); and 

19 (C) techniques to transfer hazardous mate20 rials from rail cars that are damaged or other21 wise represent an unreasonable risk to human 

22 life or public safety; and 

23 (6) other projects that address vulnerabilities 

24 and risks identified under section 101. 

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1 (b) COORDINATION WITH OTHER RESEARCH INITIA2 TIVES.—The Secretary of Homeland Security shall ensure 

3 that the research and development program authorized by 

4 this section is coordinated with other research and devel5 opment initiatives at the Department of Homeland Secu6 rity and the Department of Transportation. The Secretary 

7 shall carry out any research and development project au8 thorized by this section through a reimbursable agreement 

9 with the Secretary of Transportation, if the Secretary of 

10 Transportation— 

11 (1) is already sponsoring a research and devel12 opment project in a similar area; or 

13 (2) has a unique facility or capability that 

14 would be useful in carrying out the project. 

15 (c) GRANTS AND ACCOUNTABILITY.—To carry out 

16 the research and development program, the Secretary may 

17 award grants to the entities described in section 104(a) 

18 and shall adopt necessary procedures, including audits, to 

19 ensure that grants made under this section are expended 

20 in accordance with the purposes of this title and the prior21 ities and other criteria developed by the Secretary. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—Out of 

23 funds appropriated pursuant to section 114(u) of title 49, 

24 United States Code, as amended by section 116 of this 

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1 Act,, there shall be made available to the Secretary of 

2 Homeland Security to carry out this section— 

3 (1) $33,000,000 for fiscal year 2008; 

4 (2) $33,000,000 for fiscal year 2009; and 

5 (3) $33,000,000 for fiscal year 2010. 

6 Amounts made available pursuant to this subsection shall 

7 remain available until expended. 

8 SEC. 106. OVERSIGHT AND GRANT PROCEDURES. 

9 (a) SECRETARIAL OVERSIGHT.—The Secretary of 

10 Homeland Security may use up to 0.5 percent of amounts 

11 made available for capital projects under this Act to enter 

12 into contracts for the review of proposed capital projects 

13 and related program management plans and to oversee 

14 construction of such projects. 

15 (b) USE OF FUNDS.—The Secretary may use 

16 amounts available under subsection (a) of this subsection 

17 to make contracts to audit and review the safety, procure18 ment, management, and financial compliance of a recipi19 ent of amounts under this title. 

20 (c) PROCEDURES FOR GRANT AWARD.—The Sec21 retary shall, within 90 days after the date of enactment 

22 of this Act, prescribe procedures and schedules for the 

23 awarding of grants under this title, including application 

24 and qualification procedures (including a requirement that 

25 the applicant have a security plan), and a record of decimstockstill on PROD1PC66 with BILLS

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1 sion on applicant eligibility. The procedures shall include 

2 the execution of a grant agreement between the grant re3 cipient and the Secretary and shall be consistent, to the 

4 extent practicable, with the grant procedures established 

5 under section 70107 of title 46, United States Code. 

6 SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PAS7 SENGERS INVOLVED IN RAIL PASSENGER AC8 CIDENTS. 

9 (a) IN GENERAL.—Chapter 243 of title 49, United 

10 States Code, is amended by adding at the end the fol11 lowing: 

12 ‘‘§ 24316. Plans to address needs of families of pas13 sengers involved in rail passenger acci14 dents 

15 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 

16 months after the date of the enactment of the Surface 

17 Transportation and Rail Security Act of 2007, Amtrak 

18 shall submit to the Chairman of the National Transpor19 tation Safety Board, the Secretary of Transportation, and 

20 the Secretary of Homeland Security a plan for addressing 

21 the needs of the families of passengers involved in any rail 

22 passenger accident involving an Amtrak intercity train 

23 and resulting in a loss of life. 

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1 ‘‘(b) CONTENTS OF PLANS.—The plan to be sub2 mitted by Amtrak under subsection (a) shall include, at 

3 a minimum, the following: 

4 ‘‘(1) A process by which Amtrak will maintain 

5 and provide to the National Transportation Safety 

6 Board and the Secretary of Transportation, imme7 diately upon request, a list (which is based on the 

8 best available information at the time of the request) 

9 of the names of the passengers aboard the train 

10 (whether or not such names have been verified), and 

11 will periodically update the list. The plan shall in12 clude a procedure, with respect to unreserved trains 

13 and passengers not holding reservations on other 

14 trains, for Amtrak to use reasonable efforts to ascer15 tain the number and names of passengers aboard a 

16 train involved in an accident. 

17 ‘‘(2) A plan for creating and publicizing a reli18 able, toll-free telephone number within 4 hours after 

19 such an accident occurs, and for providing staff, to 

20 handle calls from the families of the passengers. 

21 ‘‘(3) A process for notifying the families of the 

22 passengers, before providing any public notice of the 

23 names of the passengers, by suitably trained individ24 uals. 

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1 ‘‘(4) A process for providing the notice de2 scribed in paragraph (2) to the family of a pas3 senger as soon as Amtrak has verified that the pas4 senger was aboard the train (whether or not the 

5 names of all of the passengers have been verified). 

6 ‘‘(5) A process by which the family of each pas7 senger will be consulted about the disposition of all 

8 remains and personal effects of the passenger within 

9 Amtrak’s control; that any possession of the pas10 senger within Amtrak’s control will be returned to 

11 the family unless the possession is needed for the ac12 cident investigation or any criminal investigation; 

13 and that any unclaimed possession of a passenger 

14 within Amtrak’s control will be retained by the rail 

15 passenger carrier for at least 18 months. 

16 ‘‘(6) A process by which the treatment of the 

17 families of nonrevenue passengers will be the same 

18 as the treatment of the families of revenue pas19 sengers. 

20 ‘‘(7) An assurance that Amtrak will provide 

21 adequate training to its employees and agents to 

22 meet the needs of survivors and family members fol23 lowing an accident. 

24 ‘‘(c) USE OF INFORMATION.—The National Trans25 portation Safety Board, the Secretary of Transportation, 

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1 and Amtrak may not release any personal information on 

2 a list obtained under subsection (b)(1) but may provide 

3 information on the list about a passenger to the family 

4 of the passenger to the extent that the Board or Amtrak 

5 considers appropriate. 

6 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not 

7 be liable for damages in any action brought in a Federal 

8 or State court arising out of the performance of Amtrak 

9 in preparing or providing a passenger list, or in providing 

10 information concerning a train reservation, pursuant to a 

11 plan submitted by Amtrak under subsection (b), unless 

12 such liability was caused by Amtrak’s conduct. 

13 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 

14 Nothing in this section may be construed as limiting the 

15 actions that Amtrak may take, or the obligations that Am16 trak may have, in providing assistance to the families of 

17 passengers involved in a rail passenger accident. 

18 ‘‘(f) FUNDING.—Out of funds appropriated pursuant 

19 to section 116(b) of the Surface Transportation and Rail 

20 Security Act of 2007, there shall be made available to the 

21 Secretary of Transportation for the use of Amtrak 

22 $500,000 for fiscal year 2007 to carry out this section. 

23 Amounts made available pursuant to this subsection shall 

24 remain available until expended.’’. 

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1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 243 of title 49, United States Code, is 

3 amended by adding at the end the following: 

‘‘24316. Plan to assist families of passengers involved in rail passenger accidents.’’. 

4 SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT. 

5 Within 180 days after the date of enactment of this 

6 Act, the Secretary of Homeland Security, in consultation 

7 with the Assistant Secretary of Homeland Security 

8 (Transportation Security Administration), the Secretary 

9 of Transportation, heads of other appropriate Federal de10 partments, and agencies and the National Railroad Pas11 senger Corporation, shall transmit a report to the Senate 

12 Committee on Commerce, Science, and Transportation, 

13 the House of Representatives Committee on Transpor14 tation and Infrastructure, and the House of Representa15 tives Committee on Homeland Security that contains— 

16 (1) a description of the current system for 

17 screening passengers and baggage on passenger rail 

18 service between the United States and Canada; 

19 (2) an assessment of the current program to 

20 provide preclearance of airline passengers between 

21 the United States and Canada as outlined in ‘‘The 

22 Agreement on Air Transport Preclearance between 

23 the Government of Canada and the Government of 

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1 the United States of America’’, dated January 18, 

2 2001; 

3 (3) an assessment of the current program to 

4 provide preclearance of freight railroad traffic be5 tween the United States and Canada as outlined in 

6 the ‘‘Declaration of Principle for the Improved Secu7 rity of Rail Shipments by Canadian National Rail8 way and Canadian Pacific Railway from Canada to 

9 the United States’’, dated April 2, 2003; 

10 (4) information on progress by the Department 

11 of Homeland Security and other Federal agencies to12 wards finalizing a bilateral protocol with Canada 

13 that would provide for preclearance of passengers on 

14 trains operating between the United States and Can15 ada; 

16 (5) a description of legislative, regulatory, 

17 budgetary, or policy barriers within the United 

18 States Government to providing pre-screened pas19 senger lists for rail passengers traveling between the 

20 United States and Canada to the Department of 

21 Homeland Security; 

22 (6) a description of the position of the Govern23 ment of Canada and relevant Canadian agencies 

24 with respect to preclearance of such passengers; 

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1 (7) a draft of any changes in existing Federal 

2 law necessary to provide for pre-screening of such 

3 passengers and providing pre-screened passenger 

4 lists to the Department of Homeland Security; and 

5 (8) an analysis of the feasibility of reinstating 

6 in-transit inspections onboard international Amtrak 

7 trains. 

8 SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM. 

9 (a) IN GENERAL.—Not later than 180 days after the 

10 date of enactment of this Act, the Secretary of Homeland 

11 Security and the Secretary of Transportation, in consulta12 tion with appropriate law enforcement, security, and ter13 rorism experts, representatives of railroad carriers, and 

14 nonprofit employee organizations that represent rail work15 ers, shall develop and issue detailed guidance for a rail 

16 worker security training program to prepare front-line 

17 workers for potential threat conditions. The guidance shall 

18 take into consideration any current security training re19 quirements or best practices. 

20 (b) PROGRAM ELEMENTS.—The guidance developed 

21 under subsection (a) shall include elements, as appropriate 

22 to passenger and freight rail service, that address the fol23 lowing: 

24 (1) Determination of the seriousness of any oc25 currence. 

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1 (2) Crew communication and coordination. 

2 (3) Appropriate responses to defend or protect 

3 oneself. 

4 (4) Use of protective devices. 

5 (5) Evacuation procedures. 

6 (6) Psychology of terrorists to cope with hi7 jacker behavior and passenger responses. 

8 (7) Situational training exercises regarding var9 ious threat conditions. 

10 (8) Any other subject the Secretary considers 

11 appropriate. 

12 (c) RAILROAD CARRIER PROGRAMS.—Not later than 

13 90 days after the Secretary of Homeland Security issues 

14 guidance under subsection (a) in final form, each railroad 

15 carrier shall develop a rail worker security training pro16 gram in accordance with that guidance and submit it to 

17 the Secretary for review. Not later than 30 days after re18 ceiving a railroad carrier’s program under this subsection, 

19 the Secretary shall review the program and transmit com20 ments to the railroad carrier concerning any revisions the 

21 Secretary considers necessary for the program to meet the 

22 guidance requirements. A railroad carrier shall respond to 

23 the Secretary’s comments within 30 days after receiving 

24 them. 

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1 (d) TRAINING.—Not later than 1 year after the Sec2 retary reviews the training program developed by a rail3 road carrier under this section, the railroad carrier shall 

4 complete the training of all front-line workers in accord5 ance with that program. The Secretary shall review imple6 mentation of the training program of a representative 

7 sample of railroad carriers and report to the Senate Com8 mittee on Commerce, Science, and Transportation, the 

9 House of Representatives Committee on Transportation 

10 and Infrastructure, and the House of Representatives 

11 Committee on Homeland Security on the number of re12 views conducted and the results. The Secretary may sub13 mit the report in both classified and redacted formats as 

14 necessary. 

15 (e) UPDATES.—The Secretary shall update the train16 ing guidance issued under subsection (a) as appropriate 

17 to reflect new or different security threats. Railroad car18 riers shall revise their programs accordingly and provide 

19 additional training to their front-line workers within a rea20 sonable time after the guidance is updated. 

21 (f) FRONT-LINE WORKERS DEFINED.—In this sec22 tion, the term ‘‘front-line workers’’ means security per23 sonnel, dispatchers, train operators, other onboard em24 ployees, maintenance and maintenance support personnel, 

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1 bridge tenders, as well as other appropriate employees of 

2 railroad carriers, as defined by the Secretary. 

3 (g) OTHER EMPLOYEES.—The Secretary of Home4 land Security shall issue guidance and best practices for 

5 a rail shipper employee security program containing the 

6 elements listed under subsection (b) as appropriate. 

7 SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM. 

8 (a) IN GENERAL.—Subchapter A of chapter 201 of 

9 title 49, United States Code, is amended by inserting after 

10 section 20117 the following: 

11 ‘‘§ 20118. Whistleblower protection for rail security 

12 matters 

13 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—No rail 

14 carrier engaged in interstate or foreign commerce may dis15 charge a railroad employee or otherwise discriminate 

16 against a railroad employee because the employee (or any 

17 person acting pursuant to a request of the employee)— 

18 ‘‘(1) provided, caused to be provided, or is 

19 about to provide or cause to be provided, to the em20 ployer or the Federal Government information relat21 ing to a reasonably perceived threat, in good faith, 

22 to security; or 

23 ‘‘(2) provided, caused to be provided, or is 

24 about to provide or cause to be provided, testimony 

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1 ceeding regarding a reasonably perceived threat, in 

2 good faith, to security; or 

3 ‘‘(3) refused to violate or assist in the violation 

4 of any law, rule or regulation related to rail security. 

5 ‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance, 

6 or claim arising under this section is subject to resolution 

7 under section 3 of the Railway Labor Act (45 U.S.C. 153). 

8 In a proceeding by the National Railroad Adjustment 

9 Board, a division or delegate of the Board, or another 

10 board of adjustment established under section 3 to resolve 

11 the dispute, grievance, or claim the proceeding shall be 

12 expedited and the dispute, grievance, or claim shall be re13 solved not later than 180 days after it is filed. If the viola14 tion is a form of discrimination that does not involve dis15 charge, suspension, or another action affecting pay, and 

16 no other remedy is available under this subsection, the 

17 Board, division, delegate, or other board of adjustment 

18 may award the employee reasonable damages, including 

19 punitive damages, of not more than $20,000. 

20 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro21 vided in subsection (b), the procedure set forth in section 

22 42121(b)(2)(B) of this subtitle, including the burdens of 

23 proof, applies to any complaint brought under this section. 

24 ‘‘(d) ELECTION OF REMEDIES.—An employee of a 

25 railroad carrier may not seek protection under both this 

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1 section and another provision of law for the same allegedly 

2 unlawful act of the carrier. 

3 ‘‘(e) DISCLOSURE OF IDENTITY.— 

4 ‘‘(1) Except as provided in paragraph (2) of 

5 this subsection, or with the written consent of the 

6 employee, the Secretary of Transportation may not 

7 disclose the name of an employee of a railroad car8 rier who has provided information about an alleged 

9 violation of this section. 

10 ‘‘(2) The Secretary shall disclose to the Attor11 ney General the name of an employee described in 

12 paragraph (1) of this subsection if the matter is re13 ferred to the Attorney General for enforcement.’’. 

14 (b) CONFORMING AMENDMENT.—The chapter anal15 ysis for chapter 201 of title 49, United States Code, is 

16 amended by inserting after the item relating to section 

17 20117 the following: 

‘‘20118. Whistleblower protection for rail security matters.’’. 

18 SEC. 111. HIGH HAZARD MATERIAL SECURITY THREAT 

19 MITIGATION PLANS. 

20 (a) IN GENERAL.—The Secretary of Homeland Secu21 rity, in consultation with the Assistant Secretary of Home22 land Security (Transportation Security Administration) 

23 and the Secretary of Transportation, shall require rail car24 riers transporting a high hazard material, as defined in 

25 section 104(g) of this Act to develop a high hazard matemstockstill on PROD1PC66 with BILLS

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1 rial security threat mitigation plan containing appropriate 

2 measures, including alternative routing and temporary 

3 shipment suspension options, to address assessed risks to 

4 high consequence targets. The plan, and any information 

5 submitted to the Secretary under this section shall be pro6 tected as sensitive security information under the regula7 tions prescribed under section 114(s) of title 49, United 

8 States Code. 

9 (b) IMPLEMENTATION.—A high hazard material se10 curity threat mitigation plan shall be put into effect by 

11 a rail carrier for the shipment of high hazardous materials 

12 by rail on the rail carrier’s right-of-way when the threat 

13 levels of the Homeland Security Advisory System are high 

14 or severe and specific intelligence of probable or imminent 

15 threat exists towards— 

16 (1) a high-consequence target that is within the 

17 catastrophic impact zone of a railroad right-of-way 

18 used to transport high hazardous material; or 

19 (2) rail infrastructure or operations within the 

20 immediate vicinity of a high-consequence target. 

21 (c) COMPLETION AND REVIEW OF PLANS.— 

22 (1) PLANS REQUIRED.—Each rail carrier 

23 shall— 

24 (A) submit a list of routes used to trans25 port high hazard materials to the Secretary of 

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1 Homeland Security within 60 days after the 

2 date of enactment of this Act; 

3 (B) develop and submit a high hazard ma4 terial security threat mitigation plan to the Sec5 retary within 180 days after it receives the no6 tice of high consequence targets on such routes 

7 by the Secretary; and 

8 (C) submit any subsequent revisions to the 

9 plan to the Secretary within 30 days after mak10 ing the revisions. 

11 (2) REVIEW AND UPDATES.—The Secretary, 

12 with assistance of the Secretary of Transportation, 

13 shall review the plans and transmit comments to the 

14 railroad carrier concerning any revisions the Sec15 retary considers necessary. A railroad carrier shall 

16 respond to the Secretary’s comments within 30 days 

17 after receiving them. Each rail carrier shall update 

18 and resubmit its plan for review not less than every 

19 2 years. 

20 (d) DEFINITIONS.—In this section: 

21 (1) The term ‘‘high-consequence target’’ means 

22 a building, buildings, infrastructure, public space, or 

23 natural resource designated by the Secretary of 

24 Homeland Security that is viable terrorist target of 

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1 national significance, the attack of which could re2 sult in— 

3 (A) catastrophic loss of life; and 

4 (B) significantly damaged national security 

5 and defense capabilities; or 

6 (C) national economic harm. 

7 (2) The term ‘‘catastrophic impact zone’’ means 

8 the area immediately adjacent to, under, or above an 

9 active railroad right-of-way used to ship high hazard 

10 materials in which the potential release or explosion 

11 of the high hazard material being transported would 

12 likely cause— 

13 (A) loss of life; or 

14 (B) significant damage to property or 

15 structures. 

16 (3) The term ‘‘rail carrier’’ has the meaning 

17 given that term by section 10102(5) of title 49, 

18 United States Code. 

19 SEC. 112. MEMORANDUM OF AGREEMENT. 

20 (a) MEMORANDUM OF AGREEMENT.—Similar to the 

21 public transportation security annex between the two de22 partments signed on September 8, 2005, within 1 year 

23 after the date of enactment of this Act, the Secretary of 

24 Transportation and the Secretary of Homeland Security 

25 shall execute and develop an annex to the memorandum 

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1 of agreement between the two departments signed on Sep2 tember 28, 2004, governing the specific roles, delineations 

3 of responsibilities, resources and commitments of the De4 partment of Transportation and the Department of Home5 land Security, respectively, in addressing railroad trans6 portation security matters, including the processes the de7 partments will follow to promote communications, effi8 ciency, and nonduplication of effort. 

9 (b) RAIL SAFETY REGULATIONS.—Section 20103(a) 

10 of title 49, United States Code, is amended by striking 

11 ‘‘safety’’ the first place it appears, and inserting ‘‘safety, 

12 including security,’’. 

13 SEC. 113. RAIL SECURITY ENHANCEMENTS. 

14 (a) RAIL POLICE OFFICERS.—Section 28101 of title 

15 49, United States Code, is amended— 

16 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

17 ‘‘Under’’; and 

18 (2) by striking ‘‘the rail carrier’’ each place it 

19 appears and inserting ‘‘any rail carrier’’. 

20 (b) REVIEW OF RAIL REGULATIONS.—Within 1 year 

21 after the date of enactment of this Act, the Secretary of 

22 Transportation, in consultation with the Secretary of 

23 Homeland Security and the Assistant Secretary of Home24 land Security (Transportation Security Administration), 

25 shall review existing rail regulations of the Department 

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1 of Transportation for the purpose of identifying areas in 

2 which those regulations need to be revised to improve rail 

3 security. 

4 SEC. 114. PUBLIC AWARENESS. 

5 Not later than 90 days after the date of enactment 

6 of this Act, the Secretary of Homeland Security, in con7 sultation with the Secretary of Transportation, shall de8 velop a national plan for public outreach and awareness. 

9 Such plan shall be designed to increase awareness of 

10 measures that the general public, railroad passengers, and 

11 railroad employees can take to increase railroad system 

12 security. Such plan shall also provide outreach to railroad 

13 carriers and their employees to improve their awareness 

14 of available technologies, ongoing research and develop15 ment efforts, and available Federal funding sources to im16 prove railroad security. Not later than 9 months after the 

17 date of enactment of this Act, the Secretary of Homeland 

18 Security shall implement the plan developed under this 

19 section. 

20 SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING. 

21 (a) WIRELESS COMMUNICATIONS.— 

22 (1) IN GENERAL.—In conjunction with the re23 search and development program established under 

24 section 105 and consistent with the results of re25 search relating to wireless tracking technologies, the 

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1 Secretary of Homeland Security, in consultation 

2 with the Assistant Secretary of Homeland Security 

3 (Transportation Security Administration), shall de4 velop a program that will encourage the equipping of 

5 rail cars transporting high hazard materials (as de6 fined in section 104(g) of this Act) with wireless ter7 restrial or satellite communications technology that 

8 provides— 

9 (A) car position location and tracking ca10 pabilities; 

11 (B) notification of rail car depressuriza12 tion, breach, or unsafe temperature; and 

13 (C) notification of hazardous material re14 lease. 

15 (2) COORDINATION.—In developing the pro16 gram required by paragraph (1), the Secretary 

17 shall— 

18 (A) consult with the Secretary of Trans19 portation to coordinate the program with any 

20 ongoing or planned efforts for rail car tracking 

21 at the Department of Transportation; and 

22 (B) ensure that the program is consistent 

23 with recommendations and findings of the De24 partment of Homeland Security’s hazardous 

25 material tank rail car tracking pilot programs. 

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1 (b) FUNDING.—Out of funds appropriated pursuant 

2 to section 114(u) of title 49, United States Code, as 

3 amended by section 116 of this Act, there shall be made 

4 available to the Secretary of Homeland Security to carry 

5 out this section $3,000,000 for each of fiscal years 2008, 

6 2009, and 2010. 

7 SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 

8 (a) TRANSPORTATION SECURITY ADMINISTRATION

9 AUTHORIZATION.—Section 114 of title 49, United States 

10 Code, is amended by adding at the end thereof the fol11 lowing: 

12 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to the Secretary of 

14 Homeland Security for rail security— 

15 ‘‘(1) $228,000,000 for fiscal year 2008; 

16 ‘‘(2) $183,000,000 for fiscal year 2009; and 

17 ‘‘(3) $183,000,000 for fiscal year 2010.’’. 

18 (b) DEPARTMENT OF TRANSPORTATION.—There are 

19 authorized to be appropriated to the Secretary of Trans20 portation to carry out this title and sections 20118 and 

21 24316 of title 49, United States Code, as added by this 

22 Act— 

23 (1) $121,500,000 for fiscal year 2007; 

24 (2) $118,000,000 for fiscal year 2008; 

25 (3) $118,000,000 for fiscal year 2009; and 

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1 (4) $195,000,000 for fiscal year 2011. 

2 TITLE II—IMPROVED MOTOR 

3 CARRIER, BUS, AND HAZ4 ARDOUS MATERIAL SECURITY 

5 SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING. 

6 (a) ROUTE PLAN GUIDANCE.—Within one year after 

7 the date of enactment of this Act, the Secretary of Trans8 portation, in consultation with the Secretary of Homeland 

9 Security, shall— 

10 (1) document existing and proposed routes for 

11 the transportation of radioactive and non-radioactive 

12 hazardous materials by motor carrier, and develop a 

13 framework for using a Geographic Information Sys14 tem-based approach to characterize routes in the 

15 National Hazardous Materials Route Registry; 

16 (2) assess and characterize existing and pro17 posed routes for the transportation of radioactive 

18 and non-radioactive hazardous materials by motor 

19 carrier for the purpose of identifying measurable cri20 teria for selecting routes based on safety and secu21 rity concerns; 

22 (3) analyze current route-related hazardous ma23 terials regulations in the United States, Canada, and 

24 Mexico to identify cross-border differences and con25 flicting regulations; 

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1 (4) document the concerns of the public, motor 

2 carriers, and State, local, territorial, and tribal gov3 ernments about the highway routing of hazardous 

4 materials for the purpose of identifying and miti5 gating security vulnerabilities associated with haz6 ardous material routes; 

7 (5) prepare guidance materials for State offi8 cials to assist them in identifying and reducing both 

9 safety concerns and security vulnerabilities when 

10 designating highway routes for hazardous materials 

11 consistent with the 13 safety-based non-radioactive 

12 materials routing criteria and radioactive materials 

13 routing criteria in Subpart C part 397 of title 49, 

14 Code of Federal Regulations; 

15 (6) develop a tool that will enable State officials 

16 to examine potential routes for the highway trans17 portation of hazardous material and assess specific 

18 security vulnerabilities associated with each route 

19 and explore alternative mitigation measures; and 

20 (7) transmit to the Senate Committee on Com21 merce, Science, and Transportation, and the House 

22 of Representatives Committee on Transportation 

23 and Infrastructure a report on the actions taken to 

24 fulfill paragraphs (1) through (6) of this subsection 

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1 quirements for the highway transportation of haz2 ardous materials in part 397 of title 49, Code of 

3 Federal Regulations. 

4 (b) ROUTE PLANS.— 

5 (1) ASSESSMENT.—Within one year after the 

6 date of enactment of this Act, the Secretary of 

7 Transportation shall complete an assessment of the 

8 safety and national security benefits achieved under 

9 existing requirements for route plans, in written or 

10 electronic format, for explosives and radioactive ma11 terials. The assessment shall, at a minimum— 

12 (A) compare the percentage of Department 

13 of Transportation recordable incidents and the 

14 severity of such incidents for shipments of ex15 plosives and radioactive materials for which 

16 such route plans are required with the percent17 age of recordable incidents and the severity of 

18 such incidents for shipments of explosives and 

19 radioactive materials not subject to such route 

20 plans; and 

21 (B) quantify the security and safety bene22 fits, feasibility, and costs of requiring each 

23 motor carrier that is required to have a haz24 ardous material safety permit under part 385 

25 of title 49, Code of Federal Regulations, to 

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1 maintain, follow, and carry such a route plan 

2 that meets the requirements of section 397.101 

3 of that title when transporting the type and 

4 quantity of hazardous materials described in 

5 section 385.403 of that title, taking into ac6 count the various segments of the trucking in7 dustry, including tank truck, truckload and less 

8 than truckload carriers. 

9 (2) REPORT.—Within one year after the date of 

10 enactment of this Act, the Secretary of Transpor11 tation shall submit a report to the Senate Com12 mittee on Commerce, Science, and Transportation, 

13 and the House of Representatives Committee on 

14 Transportation and Infrastructure containing the 

15 findings and conclusions of the assessment. 

16 (c) REQUIREMENT.—The Secretary shall require 

17 motor carriers that have a hazardous material safety per18 mit under part 385 of title 49, Code of Federal Regula19 tions, to maintain, follow, and carry a route plan, in writ20 ten or electronic format, that meets the requirements of 

21 section 397.101 of that title when transporting the type 

22 and quantity of hazardous materials described in section 

23 385.403 of that title if the Secretary determines, under 

24 the assessment required in subsection (b), that such a re25 quirement would enhance the security and safety of the 

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1 nation without imposing unreasonable costs or burdens 

2 upon motor carriers. 

3 SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL 

4 TRACKING. 

5 (a) WIRELESS COMMUNICATIONS— 

6 (1) IN GENERAL.—Consistent with the findings 

7 of the Transportation Security Administration’s 

8 Hazmat Truck Security Pilot Program and within 6 

9 months after the date of enactment of this Act, the 

10 Secretary of Homeland Security, through the Trans11 portation Security Administration and in consulta12 tion with the Secretary of Transportation, shall de13 velop a program to encourage the equipping of 

14 motor carriers transporting high hazard materials in 

15 quantities equal to or greater than the quantities 

16 specified in subpart 171.800 of title 49, Code of 

17 Federal Regulations, with wireless communications 

18 technology that provides— 

19 (A) continuous communications; 

20 (B) vehicle position location and tracking 

21 capabilities; and 

22 (C) a feature that allows a driver of such 

23 vehicles to broadcast an emergency message. 

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1 (2) CONSIDERATIONS.—In developing the pro2 gram required by paragraph (1), the Secretary 

3 shall— 

4 (A) consult with the Secretary of Trans5 portation to coordinate the program with any 

6 ongoing or planned efforts for motor carrier 

7 tracking at the Department of Transportation; 

8 (B) take into consideration the rec9 ommendations and findings of the report on the 

10 Hazardous Material Safety and Security Oper11 ation Field Test released by the Federal Motor 

12 Carrier Safety Administration on November 11, 

13 2004; 

14 (C) evaluate— 

15 (i) any new information related to the 

16 cost and benefits of deploying and utilizing 

17 truck tracking technology for motor car18 riers transporting high hazard materials 

19 not included in the Hazardous Material 

20 Safety and Security Operation Field Test 

21 Report released by the Federal Motor Car22 rier Safety Administration on November 

23 11, 2004; 

24 (ii) the ability of truck tracking tech25 nology to resist tampering and disabling; 

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1 (iii) the capability of truck tracking 

2 technology to collect, display, and store in3 formation regarding the movements of 

4 shipments of high hazard materials by 

5 commercial motor vehicles; 

6 (iv) the appropriate range of contact 

7 intervals between the tracking technology 

8 and a commercial motor vehicle trans9 porting high hazard materials; and 

10 (v) technology that allows the installa11 tion by a motor carrier of concealed elec12 tronic devices on commercial motor vehi13 cles that can be activated by law enforce14 ment authorities and alert emergency re15 sponse resources to locate and recover se16 curity sensitive material in the event of 

17 loss or theft of such material. 

18 (b) FUNDING.—There are authorized to be appro19 priated to the Secretary of Homeland Security to carry 

20 out this section $3,000,000 for each of fiscal years 2008, 

21 2009, and 2010. 

22 SEC. 203. HAZARDOUS MATERIALS SECURITY INSPECTIONS 

23 AND ENFORCEMENT. 

24 (a) IN GENERAL.—The Secretary of Homeland Secu25 rity shall establish a program within the Transportation 

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1 Security Administration, in consultation with the Sec2 retary of Transportation, for reviewing hazardous mate3 rials security plans required under part 172, title 49, Code 

4 of Federal Regulations, within 180 days after the date of 

5 enactment of this Act. In establishing the program, the 

6 Secretary shall ensure that— 

7 (1) the program does not subject carriers to un8 necessarily duplicative reviews of their security plans 

9 by the 2 departments; and 

10 (2) a common set of standards is used to review 

11 the security plans. 

12 (b) CIVIL PENALTY.—The failure, by a shipper, car13 rier, or other person subject to part 172 of title 49, Code 

14 of Federal Regulations, to comply with any applicable sec15 tion of that part within 180 days after being notified by 

16 the Secretary of such failure to comply, is punishable by 

17 a civil penalty imposed by the Secretary under title 49, 

18 United States Code. For purposes of this subsection, each 

19 day of noncompliance after the 181st day following the 

20 date on which the shipper, carrier, or other person re21 ceived notice of the failure shall constitute a separate fail22 ure. 

23 (c) COMPLIANCE REVIEW.—In reviewing the compli24 ance of hazardous materials shippers, carriers, or other 

25 persons subject to part 172 of title 49, Code of Federal 

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1 Regulations, with the provisions of that part, the Sec2 retary shall utilize risk assessment methodologies to 

3 prioritize review and enforcement actions to the most vul4 nerable and critical hazardous materials transportation 

5 operations. 

6 (d) TRANSPORTATION COSTS STUDY.—Within 1 year 

7 after the date of enactment of this Act, the Secretary of 

8 Transportation, in conjunction with the Secretary of 

9 Homeland Security, shall study to what extent the insur10 ance, security, and safety costs borne by railroad carriers, 

11 motor carriers, pipeline carriers, air carriers, and mari12 time carriers associated with the transportation of haz13 ardous materials are reflected in the rates paid by shippers 

14 of such commodities as compared to the costs and rates 

15 respectively for the transportation of non-hazardous mate16 rials. 

17 (e) FUNDING.—There are authorized to be appro18 priated to the Secretary of Homeland Security to carry 

19 out this section— 

20 (1) $2,000,000 for fiscal year 2008; 

21 (2) $2,000,000 for fiscal year 2009; and 

22 (3) $2,000,000 for fiscal year 2010. 

23 SEC. 204. TRUCK SECURITY ASSESSMENT. 

24 Not later than 1 year after the date of enactment 

25 of this Act, the Secretary of Transportation shall transmit 

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1 to the Senate Committee on Commerce, Science, and 

2 Transportation, Senate Committee on Finance, the House 

3 of Representatives Committee on Transportation and In4 frastructure, the House of Representatives Committee on 

5 Homeland Security, and the House of Representatives 

6 Committe on Ways and Means, a report on security issues 

7 related to the trucking industry that includes— 

8 (1) an assessment of actions already taken to 

9 address identified security issues by both public and 

10 private entities; 

11 (2) an assessment of the economic impact that 

12 security upgrades of trucks, truck equipment, or 

13 truck facilities may have on the trucking industry 

14 and its employees, including independent owner-op15 erators; 

16 (3) an assessment of ongoing research and the 

17 need for additional research on truck security; and 

18 (4) an assessment of industry best practices to 

19 enhance security. 

20 SEC. 205. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM. 

21 (a) DEVELOPMENT.—The Secretary of Homeland Se22 curity, in conjunction with the Secretary of Transpor23 tation, shall consider the development of a national public 

24 sector response system to receive security alerts, emer25 gency messages, and other information used to track the 

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1 transportation of high hazard materials which can provide 

2 accurate, timely, and actionable information to appro3 priate first responder, law enforcement and public safety, 

4 and homeland security officials, as appropriate, regarding 

5 accidents, threats, thefts, or other safety and security 

6 risks or incidents. In considering the development of this 

7 system, they shall consult with law enforcement and public 

8 safety officials, hazardous material shippers, motor car9 riers, railroads, organizations representing hazardous ma10 terial employees, State transportation and hazardous ma11 terials officials, private for-profit and non-profit emer12 gency response organizations, and commercial motor vehi13 cle and hazardous material safety groups. Consideration 

14 of development of the national public sector response sys15 tem shall be based upon the public sector response center 

16 developed for the Transportation Security Administration 

17 hazardous material truck security pilot program and haz18 ardous material safety and security operational field test 

19 undertaken by the Federal Motor Carrier Safety Adminis20 tration. 

21 (b) CAPABILITY.—The national public sector re22 sponse system to be considered shall be able to receive, 

23 as appropriate— 

24 (1) negative driver verification alerts; 

25 (2) out-of-route alerts; 

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1 (3) driver panic or emergency alerts; and 

2 (4) tampering or release alerts. 

3 (c) CHARACTERISTICS.—The national public sector 

4 response system to be considered shall— 

5 (1) be an exception-based system; 

6 (2) be integrated with other private and public 

7 sector operation reporting and response systems and 

8 all Federal homeland security threat analysis sys9 tems or centers (including the National Response 

10 Center); and 

11 (3) provide users the ability to create rules for 

12 alert notification messages. 

13 (d) CARRIER PARTICIPATION.—The Secretary of 

14 Homeland Security shall coordinate with motor carriers 

15 and railroads transporting high hazard materials, entities 

16 acting on their behalf who receive communication alerts 

17 from motor carriers or railroads, or other Federal agencies 

18 that receive security and emergency related notification re19 garding high hazard materials in transit to facilitate the 

20 provisions of the information listed in subsection (b) to 

21 the national public sector response system to the extent 

22 possible if the system is established. 

23 (e) DATA PRIVACY.—The national public sector re24 sponse system shall be designed to ensure appropriate promstockstill on PROD1PC66 with BILLS

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1 tection of data and information relating to motor carriers, 

2 railroads, and employees. 

3 (f) REPORT.—Not later than 180 days after the date 

4 of enactment of this Act, the Secretary shall transmit to 

5 the Senate Committee on Commerce, Science, and Trans6 portation, the House of Representatives Committee on 

7 Transportation and Infrastructure, and the House of Rep8 resentatives Committee on Homeland Security a report on 

9 whether to establish a national public sector response sys10 tem and the estimated total public and private sector costs 

11 to establish and annually operate such a system, together 

12 with any recommendations for generating private sector 

13 participation and investment in the development and oper14 ation of such a system. 

15 (g) FUNDING.—There are authorized to be appro16 priated to the Secretary of Homeland Security to carry 

17 out this section— 

18 (1) $1,000,000 for fiscal year 2008; 

19 (2) $1,000,000 for fiscal year 2009; and 

20 (3) $1,000,000 for fiscal year 2010. 

21 SEC. 206. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity shall establish a program within the Transportation 

24 Security Administration for making grants to private op25 erators of over-the-road buses or over-the-road bus termstockstill on PROD1PC66 with BILLS

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1 minal operators for system-wide security improvements to 

2 their operations, including— 

3 (1) constructing and modifying terminals, ga4 rages, facilities, or over-the-road buses to assure 

5 their security; 

6 (2) protecting or isolating the driver; 

7 (3) acquiring, upgrading, installing, or oper8 ating equipment, software, or accessorial services for 

9 collection, storage, or exchange of passenger and 

10 driver information through ticketing systems or oth11 erwise, and information links with government agen12 cies; 

13 (4) training employees in recognizing and re14 sponding to security threats, evacuation procedures, 

15 passenger screening procedures, and baggage inspec16 tion; 

17 (5) hiring and training security officers; 

18 (6) installing cameras and video surveillance 

19 equipment on over-the-road buses and at terminals, 

20 garages, and over-the-road bus facilities; 

21 (7) creating a program for employee identifica22 tion or background investigation; 

23 (8) establishing and upgrading an emergency 

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1 quarters, over-the-road buses, law enforcement, and 

2 emergency personnel; and 

3 (9) implementing and operating passenger 

4 screening programs at terminals and on over-the5 road buses. 

6 (b) FEDERAL SHARE.—The Federal share of the cost 

7 for which any grant is made under this section shall be 

8 80 percent. 

9 (c) DUE CONSIDERATION.—In making grants under 

10 this section, the Secretary shall give due consideration to 

11 private operators of over-the-road buses that have taken 

12 measures to enhance bus transportation security from 

13 those in effect before September 11, 2001, and shall 

14 prioritize grant funding based on the magnitude and se15 verity of the security threat to bus passengers and the 

16 ability of the funded project to reduce, or respond to, that 

17 threat. 

18 (d) GRANT REQUIREMENTS.—A grant under this sec19 tion shall be subject to all the terms and conditions that 

20 a grant is subject to under section 3038(f) of the Trans21 portation Equity Act for the 21st Century (49 U.S.C. 

22 5310 note; 112 Stat. 393). 

23 (e) PLAN REQUIREMENT.— 

24 (1) IN GENERAL.—The Secretary may not 

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1 ator of over-the-road buses until the operator has 

2 first submitted to the Secretary— 

3 (A) a plan for making security improve4 ments described in subsection (a) and the Sec5 retary has approved the plan; and 

6 (B) such additional information as the Sec7 retary may require to ensure accountability for 

8 the obligation and expenditure of amounts 

9 made available to the operator under the grant. 

10 (2) COORDINATION.—To the extent that an ap11 plication for a grant under this section proposes se12 curity improvements within a specific terminal 

13 owned and operated by an entity other than the ap14 plicant, the applicant shall demonstrate to the satis15 faction of the Secretary that the applicant has co16 ordinated the security improvements for the terminal 

17 with that entity. 

18 (f) OVER-THE-ROAD BUS DEFINED.—In this section, 

19 the term ‘‘over-the-road bus’’ means a bus characterized 

20 by an elevated passenger deck located over a baggage com21 partment. 

22 (g) BUS SECURITY ASSESSMENT.— 

23 (1) IN GENERAL.—Not later than 180 days 

24 after the date of enactment of this Act, the Sec25 retary shall transmit to the Senate Committee on 

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1 Commerce, Science, and Transportation, the House 

2 of Representatives Committee on Transportation 

3 and Infrastructure, and the House of Representa4 tives Committee on Homeland Security a prelimi5 nary report in accordance with the requirements of 

6 this section. 

7 (2) CONTENTS OF PRELIMINARY REPORT.—The 

8 preliminary report shall include— 

9 (A) an assessment of the over-the-road bus 

10 security grant program; 

11 (B) an assessment of actions already taken 

12 to address identified security issues by both 

13 public and private entities and recommenda14 tions on whether additional safety and security 

15 enforcement actions are needed; 

16 (C) an assessment of whether additional 

17 legislation is needed to provide for the security 

18 of Americans traveling on over-the-road buses; 

19 (D) an assessment of the economic impact 

20 that security upgrades of buses and bus facili21 ties may have on the over-the-road bus trans22 portation industry and its employees; 

23 (E) an assessment of ongoing research and 

24 the need for additional research on over-the25 road bus security, including engine shut-off 

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1 mechanisms, chemical and biological weapon de2 tection technology, and the feasibility of 

3 compartmentalization of the driver; and 

4 (F) an assessment of industry best prac5 tices to enhance security. 

6 (3) CONSULTATION WITH INDUSTRY, LABOR, 

7 AND OTHER GROUPS.—In carrying out this section, 

8 the Secretary shall consult with over-the-road bus 

9 management and labor representatives, public safety 

10 and law enforcement officials, and the National 

11 Academy of Sciences. 

12 (h) FUNDING.—There are authorized to be appro13 priated to the Secretary of Homeland Security to carry 

14 out this section— 

15 (1) $12,000,000 for fiscal year 2008; 

16 (2) $25,000,000 for fiscal year 2009; and 

17 (3) $25,000,000 for fiscal year 2010. 

18 Amounts made available pursuant to this subsection shall 

19 remain available until expended. 

20 SEC. 207. PIPELINE SECURITY AND INCIDENT RECOVERY 

21 PLAN. 

22 (a) IN GENERAL.—The Secretary of Homeland Secu23 rity, in consultation with the Secretary of Transportation 

24 and the Pipeline and Hazardous Materials Safety Admin25 istration, and in accordance with the Memorandum of Unmstockstill on PROD1PC66 with BILLS

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1 derstanding Annex executed on August 9, 2006, shall de2 velop a Pipeline Security and Incident Recovery Protocols 

3 Plan. The plan shall include— 

4 (1) a plan for the Federal Government to pro5 vide increased security support to the most critical 

6 interstate and intrastate natural gas and hazardous 

7 liquid transmission pipeline infrastructure and oper8 ations as determined under section 208— 

9 (A) at high or severe security threat levels 

10 of alert; and 

11 (B) when specific security threat informa12 tion relating to such pipeline infrastructure or 

13 operations exists; and 

14 (2) an incident recovery protocol plan, devel15 oped in conjunction with interstate and intrastate 

16 transmission and distribution pipeline operators and 

17 terminals and facilities operators connected to pipe18 lines, to develop protocols to ensure the continued 

19 transportation of natural gas and hazardous liquids 

20 to essential markets and for essential public health 

21 or national defense uses in the event of an incident 

22 affecting the interstate and intrastate natural gas 

23 and hazardous liquid transmission and distribution 

24 pipeline system, which shall include protocols for 

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1 frastructure repair, replacement or bypass following 

2 an incident. 

3 (b) EXISTING PRIVATE AND PUBLIC SECTOR EF4 FORTS.—The plan shall take into account actions taken 

5 or planned by both private and public entities to address 

6 identified pipeline security issues and assess the effective 

7 integration of such actions. 

8 (c) CONSULTATION.—In developing the plan under 

9 subsection (a), the Secretary of Homeland Security shall 

10 consult with the Secretary of Transportation, interstate 

11 and intrastate transmission and distribution pipeline oper12 ators, pipeline labor, first responders, shippers of haz13 ardous materials, State Departments of Transportation, 

14 public safety officials, and other relevant parties. 

15 (d) REPORT.— 

16 (1) CONTENTS.—Not later than 1 year after 

17 the date of enactment of this Act, the Secretary of 

18 Homeland Security shall transmit to the Committee 

19 on Commerce, Science, and Transportation of the 

20 Senate, the Committee on Homeland Security of the 

21 House of Representatives, and the Committee on 

22 Transportation and Infrastructure of the House of 

23 Representatives a report containing the plan re24 quired by subsection (a), along with an estimate of 

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1 the private and public sector costs to implement any 

2 recommendations. 

3 (2) FORMAT.—The Secretary may submit the 

4 report in both classified and redacted formats if the 

5 Secretary determines that such action is appropriate 

6 or necessary. 

7 SEC. 208. PIPELINE SECURITY INSPECTIONS AND EN8 FORCEMENT. 

9 (a) IN GENERAL.—Within 1 year after the date of 

10 enactment of this Act the Secretary of Homeland Security, 

11 in consultation with the Secretary of Transportation, shall 

12 establish a program for reviewing pipeline operator adop13 tion of recommendations in the September, 5, 2002, De14 partment of Transportation Research and Special Pro15 grams Administration Pipeline Security Information Cir16 cular, including the review of pipeline security plans and 

17 critical facility inspections. 

18 (b) REVIEW AND INSPECTION.—Within 9 months 

19 after the date of enactment of this Act the Secretary shall 

20 complete a review of the pipeline security plan and an in21 spection of the critical facilities of the 100 most critical 

22 pipeline operators covered by the September, 5, 2002, cir23 cular, where such facilities have not been inspected for se24 curity purposes since September 5, 2002, by either the 

25 Department of Homeland Security or the Department of 

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1 Transportation, as determined by the Secretary in con2 sultation with the Secretary of Transportation. 

3 (c) COMPLIANCE REVIEW METHODOLOGY.—In re4 viewing pipeline operator compliance under subsections (a) 

5 and (b), the Secretary shall utilize risk assessment meth6 odologies to prioritize vulnerabilities and to target inspec7 tion and enforcement actions to the most vulnerable and 

8 critical pipeline assets. 

9 (d) REGULATIONS.—Within 1 year after the date of 

10 enactment of this Act, the Secretary shall transmit to 

11 pipeline operators and the Secretary of Transportation se12 curity recommendations for natural gas and hazardous liq13 uid pipelines and pipeline facilities. If the Secretary of 

14 Homeland Security determines that regulations are appro15 priate, the Secretary shall promulgate such regulations 

16 and carry out necessary inspection and enforcement ac17 tions. Any regulations should incorporate the guidance 

18 provided to pipeline operators by the September 5, 2002, 

19 Department of Transportation Research and Special Pro20 grams Administration’s Pipeline Security Information Cir21 cular and contain additional requirements as necessary 

22 based upon the results of the inspections performed under 

23 subsection (b). The regulations shall include the imposi24 tion of civil penalties for non-compliance. 

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1 (e) FUNDING.—There are authorized to be appro2 priated to the Secretary of Homeland Security to carry 

3 out this section— 

4 (1) $2,000,000 for fiscal year 2008; and 

5 (2) $2,000,000 for fiscal year 2009. 

6 SEC. 209. TECHNICAL CORRECTIONS. 

7 (a) HAZMAT LICENSES.—Section 5103a of title 49, 

8 United States Code, is amended— 

9 (1) by inserting ‘‘of Homeland Security’’ after 

10 ‘‘Secretary’’ each place it appears in subsections 

11 (a)(1), (d)(1)(b), and (e); and 

12 (2) by redesignating subsection (h) as sub13 section (i) and inserting the following after sub14 section (g): 

15 ‘‘(h) RELATIONSHIP TO TRANSPORTATION SECURITY

16 CARDS.—Upon application, a State shall issue to an indi17 vidual a license to operate a motor vehicle transporting 

18 in commerce a hazardous material without the security as19 sessment required by this section, provided the individual 

20 meets all other applicable requirements for such a license, 

21 if the Secretary of Homeland Security has previously de22 termined, under section 70105 of title 46, United States 

23 Code, that the individual does not pose a security risk.’’. 

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1 SEC. 210. CERTAIN PERSONNEL LIMITATIONS NOT TO 

2 APPLY. 

3 Any statutory limitation on the number of employees 

4 in the Transportation Security Administration of the De5 partment of Transportation, before or after its transfer 

6 to the Department of Homeland Security, does not apply 

7 to the extent that any such employees are responsible for 

8 implementing the provisions of this Act. 

9 SECTION 1. SHORT TITLE. 

10 This Act may be cited as the ‘‘Surface Transportation 

11 and Rail Security Act of 2007’’. 

12 SEC. 2. TABLE OF CONTENTS. 

13 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—IMPROVED RAIL SECURITY 

Sec. 101. Rail transportation security risk assessment. 

Sec. 102. Systemwide Amtrak security upgrades. 

Sec. 103. Fire and life-safety improvements. 

Sec. 104. Freight and passenger rail security upgrades. 

Sec. 105. Rail security research and development. 

Sec. 106. Oversight and grant procedures. 

Sec. 107. Amtrak plan to assist families of passengers involved in rail passenger 

accidents. 

Sec. 108. Northern border rail passenger report. 

Sec. 109. Rail worker security training program. 

Sec. 110. Whistleblower protection program. 

Sec. 111. High hazard material security risk mitigation plans. 

Sec. 112. Enforcement authority. 

Sec. 113. Rail security enhancements. 

Sec. 114. Public awareness. 

Sec. 115. Railroad high hazard material tracking. 

Sec. 116. Authorization of appropriations. 

TITLE II—IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS 

MATERIAL SECURITY 

Sec. 201. Hazardous materials highway routing. 

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Sec. 202. Motor carrier high hazard material tracking. 

Sec. 203. Memorandum of agreement. 

Sec. 204. Hazardous materials security inspections and enforcement. 

Sec. 205. Truck security assessment. 

Sec. 206. National public sector response system. 

Sec. 207. Over-the-road bus security assistance. 

Sec. 208. Pipeline security and incident recovery plan. 

Sec. 209. Pipeline security inspections and enforcement. 

Sec. 210. Technical corrections. 

Sec. 211. Certain personnel limitations not to apply. 

Sec. 212. Maritime and surface transportation security user fee study. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) HIGH HAZARD MATERIALS.—The term ‘‘high 

4 hazard materials’’ means quantities of poison inhala5 tion hazard materials, Class 2.3 gases, Class 6.1 ma6 terials, anhydrous ammonia, and other hazardous 

7 materials that the Secretary, in consultation with the 

8 Secretary of Transportation, determines pose a secu9 rity risk. 

10 (2) SECRETARY.—Except as otherwise explicitly 

11 provided, the term ‘‘Secretary’’ means the Secretary 

12 of Homeland Security. 

13 TITLE I—IMPROVED RAIL 

14 SECURITY 

15 SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESS16 MENT. 

17 (a) IN GENERAL.— 

18 (1) RISK ASSESSMENT.—The Secretary shall es19 tablish a task force, including the Transportation Se20 curity Administration, the Department of Transpormstockstill on PROD1PC66 with BILLS

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1 tation, and other appropriate agencies, to complete a 

2 risk assessment of freight and passenger rail transpor3 tation (encompassing railroads, as that term is de4 fined in section 20102(1) of title 49, United States 

5 Code). The assessment shall include— 

6 (A) a methodology for conducting the risk 

7 assessment, including timelines, that addresses 

8 how the Department of Homeland Security will 

9 work with the entities described in subsection (b) 

10 and make use of existing Federal expertise with11 in the Department of Homeland Security, the 

12 Department of Transportation, and other appro13 priate agencies; 

14 (B) identification and evaluation of critical 

15 assets and infrastructures; 

16 (C) identification of risks to those assets 

17 and infrastructures; 

18 (D) identification of risks that are specific 

19 to the transportation of hazardous materials via 

20 railroad; 

21 (E) identification of risks to passenger and 

22 cargo security, transportation infrastructure (in23 cluding rail tunnels used by passenger and 

24 freight railroads in high threat urban areas), 

25 protection systems, operations, communications 

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1 systems, employee training, emergency response 

2 planning, and any other area identified by the 

3 assessment; 

4 (F) an assessment of public and private 

5 operational recovery plans to expedite, to the 

6 maximum extent practicable, the return of an 

7 adversely affected freight or passenger rail trans8 portation system or facility to its normal per9 formance level after a major terrorist attack or 

10 other security event on that system or facility; 

11 and 

12 (G) an account of actions taken or planned by 

13 both public and private entities to address identified 

14 rail security issues and assess the effective integration 

15 of such actions. 

16 (2) RECOMMENDATIONS.—Based on the assess17 ment conducted under paragraph (1), the Secretary, 

18 in consultation with the Secretary of Transportation, 

19 shall develop prioritized recommendations for improv20 ing rail security, including any recommendations the 

21 Secretary has for— 

22 (A) improving the security of rail tunnels, 

23 rail bridges, rail switching and car storage 

24 areas, other rail infrastructure and facilities, in25 formation systems, and other areas identified by 

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1 the Secretary as posing significant rail-related 

2 risks to public safety and the movement of inter3 state commerce, taking into account the impact 

4 that any proposed security measure might have 

5 on the provision of rail service or on operations 

6 served or otherwise affected by rail service; 

7 (B) deploying equipment and personnel to 

8 detect security threats, including those posed by 

9 explosives and hazardous chemical, biological, 

10 and radioactive substances, and any appropriate 

11 countermeasures; 

12 (C) training appropriate railroad or rail13 road shipper employees in terrorism prevention, 

14 preparedness, passenger evacuation, and response 

15 activities; 

16 (D) conducting public outreach campaigns 

17 on passenger railroads regarding security; 

18 (E) deploying surveillance equipment; 

19 (F) identifying the immediate and long20 term costs of measures that may be required to 

21 address those risks; and 

22 (G) public and private sector sources to 

23 fund such measures. 

24 (3) PLANS.—The report required by subsection 

25 (c) shall include— 

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1 (A) a plan, developed in consultation with 

2 the freight and intercity passenger railroads, and 

3 State and local governments, for the Federal gov4 ernment to provide adequate security support at 

5 high or severe threat levels of alert; 

6 (B) a plan for coordinating existing and 

7 planned rail security initiatives undertaken by 

8 the public and private sectors; and 

9 (C) a contingency plan, developed in coordi10 nation with freight and intercity and commuter 

11 passenger railroads, to ensure the continued 

12 movement of freight and passengers in the event 

13 of an attack affecting the railroad system, which 

14 shall contemplate— 

15 (i) the possibility of rerouting traffic 

16 due to the loss of critical infrastructure, 

17 such as a bridge, tunnel, yard, or station; 

18 and 

19 (ii) methods of continuing railroad 

20 service in the Northeast Corridor in the 

21 event of a commercial power loss, or catas22 trophe affecting a critical bridge, tunnel, 

23 yard, or station. 

24 (b) CONSULTATION; USE OF EXISTING RESOURCES.— 

25 In carrying out the assessment and developing the recmstockstill on PROD1PC66 with BILLS

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1 ommendations and plans required by subsection (a), the 

2 Secretary shall consult with rail management, rail labor, 

3 owners or lessors of rail cars used to transport hazardous 

4 materials, first responders, offerers of hazardous materials, 

5 public safety officials, and other relevant parties. In devel6 oping the risk assessment required under this section, the 

7 Secretary shall utilize relevant existing risk assessments de8 veloped by the Department or other Federal agencies, and, 

9 as appropriate, assessments developed by other public and 

10 private stakeholders. 

11 (c) REPORT.— 

12 (1) CONTENTS.—Within 1 year after the date of 

13 enactment of this Act, the Secretary shall transmit to 

14 the Senate Committee on Commerce, Science, and 

15 Transportation, the House of Representatives Com16 mittee on Transportation and Infrastructure, and the 

17 House of Representatives Committee on Homeland 

18 Security a report containing the assessment, 

19 prioritized recommendations, and plans required by 

20 subsection (a) and an estimate of the cost to imple21 ment such recommendations. 

22 (2) FORMAT.—The Secretary may submit the re23 port in both classified and redacted formats if the 

24 Secretary determines that such action is appropriate 

25 or necessary. 

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1 (d) ANNUAL UPDATES.—The Secretary, in consulta2 tion with the Secretary of Transportation, shall update the 

3 assessment and recommendations each year and transmit 

4 a report, which may be submitted in both classified and 

5 redacted formats, to the Committees named in subsection 

6 (c)(1), containing the updated assessment and recommenda7 tions. 

8 (e) FUNDING.—Out of funds appropriated pursuant to 

9 section 114(u) of title 49, United States Code, as amended 

10 by section 116 of this Act, there shall be made available 

11 to the Secretary to carry out this section $5,000,000 for fis12 cal year 2008. 

13 SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

14 (a) IN GENERAL.— 

15 (1) GRANTS.—Subject to subsection (c) the Sec16 retary, in consultation with the Assistant Secretary of 

17 Homeland Security (Transportation Security Admin18 istration), is authorized to make grants to Amtrak in 

19 accordance with the provisions of this section. 

20 (2) GENERAL PURPOSES.—The Secretary may 

21 make such grants for the purposes of— 

22 (A) protecting underwater and underground 

23 assets and systems; 

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1 (B) protecting high risk and high con2 sequence assets identified through system-wide 

3 risk assessments; 

4 (C) providing counter-terrorism training; 

5 (D) providing both visible and unpredict6 able deterrence; and 

7 (E) conducting emergency preparedness 

8 drills and exercises. 

9 (3) SPECIFIC PROJECTS.—The Secretary shall 

10 make such grants— 

11 (A) to secure major tunnel access points 

12 and ensure tunnel integrity in New York, New 

13 Jersey, Maryland, and Washington, DC; 

14 (B) to secure Amtrak trains; 

15 (C) to secure Amtrak stations; 

16 (D) to obtain a watch list identification 

17 system approved by the Secretary; 

18 (E) to obtain train tracking and interoper19 able communications systems that are coordi20 nated to the maximum extent possible; 

21 (F) to hire additional police officers, special 

22 agents, security officers, including canine units, 

23 and to pay for other labor costs directly associ24 ated with security and terrorism prevention ac25 tivities; 

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1 (G) to expand emergency preparedness ef2 forts; and 

3 (H) for employee security training. 

4 (b) CONDITIONS.—The Secretary of Transportation 

5 shall disburse funds to Amtrak provided under subsection 

6 (a) for projects contained in a systemwide security plan 

7 approved by the Secretary. Amtrak shall develop the secu8 rity plan in consultation with constituent States and other 

9 relevant parties. The plan shall include appropriate meas10 ures to address security awareness, emergency response, and 

11 passenger evacuation training and shall be consistent with 

12 State security plans to the maximum extent practicable. 

13 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Sec14 retary shall ensure that, subject to meeting the highest secu15 rity needs on Amtrak’s entire system and consistent with 

16 the risk assessment required under section 101, stations and 

17 facilities located outside of the Northeast Corridor receive 

18 an equitable share of the security funds authorized by this 

19 section. 

20 (d) AVAILABILITY OF FUNDS.—Out of funds appro21 priated pursuant to section 114(u) of title 49, United States 

22 Code, as amended by section 116 of this Act, there shall 

23 be made available to the Secretary and the Assistant Sec24 retary of Homeland Security (Transportation Security Ad25 ministration) to carry out this section— 

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1 (1) $63,500,000 for fiscal year 2008; 

2 (2) $30,000,000 for fiscal year 2009; and 

3 (3) $30,000,000 for fiscal year 2010. 

4 Amounts appropriated pursuant to this subsection shall re5 main available until expended. 

6 SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS. 

7 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans8 portation, in consultation with the Secretary, is authorized 

9 to make grants to Amtrak for the purpose of making fire 

10 and life-safety improvements to Amtrak tunnels on the 

11 Northeast Corridor in New York, New Jersey, Maryland, 

12 and Washington, DC. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

14 funds appropriated pursuant to section 116(b) of this Act, 

15 there shall be made available to the Secretary of Transpor16 tation for the purposes of carrying out subsection (a) the 

17 following amounts: 

18 (1) For the 6 New York and New Jersey tunnels 

19 to provide ventilation, electrical, and fire safety tech20 nology upgrades, emergency communication and 

21 lighting systems, and emergency access and egress for 

22 passengers— 

23 (A) $100,000,000 for fiscal year 2008; 

24 (B) $100,000,000 for fiscal year 2009; 

25 (C) $100,000,000 for fiscal year 2010; and 

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1 (D) $100,000,000 for fiscal year 2011. 

2 (2) For the Baltimore & Potomac tunnel and the 

3 Union tunnel, together, to provide adequate drainage, 

4 ventilation, communication, lighting, and passenger 

5 egress upgrades— 

6 (A) $10,000,000 for fiscal year 2008; 

7 (B) $10,000,000 for fiscal year 2009; 

8 (C) $10,000,000 for fiscal year 2010; and 

9 (D) $10,000,000 for fiscal year 2011. 

10 (3) For the Washington, DC, Union Station tun11 nels to improve ventilation, communication, lighting, 

12 and passenger egress upgrades— 

13 (A) $8,000,000 for fiscal year 2008; 

14 (B) $8,000,000 for fiscal year 2009; 

15 (C) $8,000,000 for fiscal year 2010; and 

16 (D) $8,000,000 for fiscal year 2011. 

17 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap18 propriated pursuant to section 116(b) of this Act, there shall 

19 be made available to the Secretary of Transportation for 

20 fiscal year 2008 $3,000,000 for the preliminary design of 

21 options for a new tunnel on a different alignment to aug22 ment the capacity of the existing Baltimore tunnels. 

23 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

24 Amounts made available pursuant to this section shall re25 main available until expended. 

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1 (e) PLANS REQUIRED.—The Secretary of Transpor2 tation may not make amounts available to Amtrak for obli3 gation or expenditure under subsection (a)— 

4 (1) until Amtrak has submitted to the Secretary, 

5 and the Secretary has approved, an engineering and 

6 financial plan for such projects; and 

7 (2) unless, for each project funded pursuant to 

8 this section, the Secretary has approved a project 

9 management plan prepared by Amtrak addressing 

10 appropriate project budget, construction schedule, re11 cipient staff organization, document control and 

12 record keeping, change order procedure, quality con13 trol and assurance, periodic plan updates, and peri14 odic status reports. 

15 (f) REVIEW OF PLANS.—The Secretary of Transpor16 tation shall complete the review of the plans required by 

17 paragraphs (1) and (2) of subsection (e) and approve or 

18 disapprove the plans within 45 days after the date on which 

19 each such plan is submitted by Amtrak. If the Secretary 

20 determines that a plan is incomplete or deficient, the Sec21 retary shall notify Amtrak of the incomplete items or defi22 ciencies and Amtrak shall, within 30 days after receiving 

23 the Secretary’s notification, submit a modified plan for the 

24 Secretary’s review. Within 15 days after receiving addi25 tional information on items previously included in the 

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1 plan, and within 45 days after receiving items newly in2 cluded in a modified plan, the Secretary shall either ap3 prove the modified plan, or, if the Secretary finds the plan 

4 is still incomplete or deficient, the Secretary shall identify 

5 in writing to the Senate Committee on Commerce, Science, 

6 and Transportation, the House of Representatives Com7 mittee on Transportation and Infrastructure, and the 

8 House of Representatives Committee on Homeland Security 

9 the portions of the plan the Secretary finds incomplete or 

10 deficient, approve all other portions of the plan, obligate 

11 the funds associated with those other portions, and execute 

12 an agreement with Amtrak within 15 days thereafter on 

13 a process for resolving the remaining portions of the plan. 

14 (g) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL

15 USERS.—The Secretary shall, taking into account the need 

16 for the timely completion of all portions of the tunnel 

17 projects described in subsection (a)— 

18 (1) consider the extent to which rail carriers 

19 other than Amtrak use or plan to use the tunnels; 

20 (2) consider the feasibility of seeking a financial 

21 contribution from those other rail carriers toward the 

22 costs of the projects; and 

23 (3) obtain financial contributions or commit24 ments from such other rail carriers at levels reflecting 

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1 the extent of their use or planned use of the tunnels, 

2 if feasible. 

3 SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY UP4 GRADES. 

5 (a) SECURITY IMPROVEMENT GRANTS.—The Sec6 retary, through the Assistant Secretary of Homeland Secu7 rity (Transportation Security Administration) and other 

8 appropriate agencies or officials, is authorized to make 

9 grants to freight railroads, the Alaska Railroad, hazardous 

10 materials offerers, owners of rail cars used in the transpor11 tation of hazardous materials, universities, colleges and re12 search centers, State and local governments (for rail pas13 senger facilities and infrastructure not owned by Amtrak), 

14 and, through the Secretary of Transportation, to Amtrak, 

15 for full or partial reimbursement of costs incurred in the 

16 conduct of activities to prevent or respond to acts of ter17 rorism, sabotage, or other intercity passenger rail and 

18 freight rail security risks identified under section 101, in19 cluding— 

20 (1) security and redundancy for critical commu21 nications, computer, and train control systems essen22 tial for secure rail operations; 

23 (2) accommodation of rail cargo or passenger 

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1 der, the United States-Canada border, or other ports 

2 of entry; 

3 (3) the security of hazardous material transpor4 tation by rail; 

5 (4) secure intercity passenger rail stations, 

6 trains, and infrastructure; 

7 (5) structural modification or replacement of 

8 rail cars transporting high hazard materials to im9 prove their resistance to acts of terrorism; 

10 (6) employee security awareness, preparedness, 

11 passenger evacuation, and emergency response train12 ing; 

13 (7) public security awareness campaigns for pas14 senger train operations; 

15 (8) the sharing of intelligence and information 

16 about security threats; 

17 (9) to obtain train tracking and interoperable 

18 communications systems that are coordinated to the 

19 maximum extent possible; 

20 (10) to hire additional police and security offi21 cers, including canine units; and 

22 (11) other improvements recommended by the re23 port required by section 101, including infrastructure, 

24 facilities, and equipment upgrades. 

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1 (b) ACCOUNTABILITY.—The Secretary shall adopt nec2 essary procedures, including audits, to ensure that grants 

3 made under this section are expended in accordance with 

4 the purposes of this title and the priorities and other cri5 teria developed by the Secretary. 

6 (c) ALLOCATION.—The Secretary shall distribute the 

7 funds authorized by this section based on risk as determined 

8 under section 101, and shall encourage non-Federal finan9 cial participation in projects funded by grants awarded 

10 under this section. With respect to grants for intercity pas11 senger rail security, the Secretary shall also take into ac12 count passenger volume and whether stations or facilities 

13 are used by commuter rail passengers as well as intercity 

14 rail passengers. 

15 (d) CONDITIONS.—The Secretary of Transportation 

16 may not disburse funds to Amtrak under subsection (a) un17 less Amtrak meets the conditions set forth in section 102(b) 

18 of this Act. 

19 (e) ALLOCATION BETWEEN RAILROADS AND OTH20 ERS.—Unless as a result of the assessment required by sec21 tion 101 the Secretary determines that critical rail trans22 portation security needs require reimbursement in greater 

23 amounts to any eligible entity, no grants under this section 

24 may be made cumulatively over the period authorized by 

25 this Act— 

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1 (1) in excess of $45,000,000 to Amtrak; or 

2 (2) in excess of $80,000,000 for the purposes de3 scribed in paragraphs (3) and (5) of subsection (a). 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—Out of 

5 funds appropriated pursuant to section 114(u) of title 49, 

6 United States Code, as amended by section 116 of this Act, 

7 there shall be made available to the Secretary to carry out 

8 this section— 

9 (1) $100,000,000 for fiscal year 2008; 

10 (2) $100,000,000 for fiscal year 2009; and 

11 (3) $100,000,000 for fiscal year 2010. 

12 Amounts made available pursuant to this subsection shall 

13 remain available until expended. 

14 SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

15 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP16 MENT PROGRAM.—The Secretary, through the Under Sec17 retary for Science and Technology and the Assistant Sec18 retary of Homeland Security (Transportation Security Ad19 ministration), in consultation with the Secretary of Trans20 portation shall carry out a research and development pro21 gram for the purpose of improving freight and intercity 

22 passenger rail security that may include research and devel23 opment projects to— 

24 (1) reduce the risk of terrorist attacks on rail 

25 transportation, including risks posed by explosives 

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1 and hazardous chemical, biological, and radioactive 

2 substances to intercity rail passengers, facilities, and 

3 equipment; 

4 (2) test new emergency response techniques and 

5 technologies; 

6 (3) develop improved freight rail security tech7 nologies, including— 

8 (A) technologies for sealing rail cars; 

9 (B) automatic inspection of rail cars; 

10 (C) communication-based train controls; 

11 and 

12 (D) emergency response training; 

13 (4) test wayside detectors that can detect tam14 pering with railroad equipment; 

15 (5) support enhanced security for the transpor16 tation of hazardous materials by rail, including— 

17 (A) technologies to detect a breach in a tank 

18 car or other rail car used to transport hazardous 

19 materials and transmit information about the 

20 integrity of cars to the train crew or dispatcher; 

21 (B) research to improve tank car integrity, 

22 with a focus on tank cars that carry high hazard 

23 materials (as defined in section 104(g) of this 

24 Act); and 

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1 (C) techniques to transfer hazardous mate2 rials from rail cars that are damaged or other3 wise represent an unreasonable risk to human 

4 life or public safety; and 

5 (6) other projects that address risks identified 

6 under section 101. 

7 (b) COORDINATION WITH OTHER RESEARCH INITIA8 TIVES.—The Secretary shall ensure that the research and 

9 development program authorized by this section is coordi10 nated with other research and development initiatives at 

11 the Department of Homeland Security and the Department 

12 of Transportation. The Secretary shall carry out any re13 search and development project authorized by this section 

14 through a reimbursable agreement with the Secretary of 

15 Transportation, if the Secretary of Transportation— 

16 (1) is already sponsoring a research and develop17 ment project in a similar area; or 

18 (2) has a unique facility or capability that 

19 would be useful in carrying out the project. 

20 (c) GRANTS AND ACCOUNTABILITY.—To carry out the 

21 research and development program, the Secretary may 

22 award grants to the entities described in section 104(a) and 

23 shall adopt necessary procedures, including audits, to en24 sure that grants made under this section are expended in 

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1 accordance with the purposes of this title and the priorities 

2 and other criteria developed by the Secretary. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—Out of 

4 funds appropriated pursuant to section 114(u) of title 49, 

5 United States Code, as amended by section 116 of this Act, 

6 there shall be made available to the Secretary to carry out 

7 this section— 

8 (1) $33,000,000 for fiscal year 2008; 

9 (2) $33,000,000 for fiscal year 2009; and 

10 (3) $33,000,000 for fiscal year 2010. 

11 Amounts made available pursuant to this subsection shall 

12 remain available until expended. 

13 SEC. 106. OVERSIGHT AND GRANT PROCEDURES. 

14 (a) SECRETARIAL OVERSIGHT.—The Secretary may 

15 award contracts to audit and review the safety, security, 

16 procurement, management, and financial compliance of a 

17 recipient of amounts under this Act. 

18 (b) PROCEDURES FOR GRANT AWARD.—The Secretary 

19 shall, within 180 days after the date of enactment of this 

20 Act, prescribe procedures and schedules for the awarding 

21 of grants under this title, including application and quali22 fication procedures (including a requirement that the appli23 cant have a security plan), and a record of decision on ap24 plicant eligibility. The procedures shall include the execu25 tion of a grant agreement between the grant recipient and 

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1 the Secretary and shall be consistent, to the extent prac2 ticable, with the grant procedures established under section 

3 70107 of title 46, United States Code. 

4 (c) ADDITIONAL AUTHORITY.—The Secretary may 

5 issue nonbinding letters under similar terms to those issued 

6 pursuant to section 47110(e) of title 49, United States Code, 

7 to sponsors of rail projects funded under this Act. 

8 SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PAS9 SENGERS INVOLVED IN RAIL PASSENGER AC10 CIDENTS. 

11 (a) IN GENERAL.—Chapter 243 of title 49, United 

12 States Code, is amended by adding at the end the following: 

13 ‘‘§ 24316. Plans to address needs of families of pas14 sengers involved in rail passenger acci15 dents 

16 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 months 

17 after the date of the enactment of the Surface Transpor18 tation and Rail Security Act of 2007, Amtrak shall submit 

19 to the Chairman of the National Transportation Safety 

20 Board, the Secretary of Transportation, and the Secretary 

21 of Homeland Security a plan for addressing the needs of 

22 the families of passengers involved in any rail passenger 

23 accident involving an Amtrak intercity train and resulting 

24 in a loss of life. 

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1 ‘‘(b) CONTENTS OF PLANS.—The plan to be submitted 

2 by Amtrak under subsection (a) shall include, at a min3 imum, the following: 

4 ‘‘(1) A process by which Amtrak will maintain 

5 and provide to the National Transportation Safety 

6 Board, the Secretary of Transportation, and the Sec7 retary of Homeland Security, immediately upon re8 quest, a list (which is based on the best available in9 formation at the time of the request) of the names of 

10 the passengers aboard the train (whether or not such 

11 names have been verified), and will periodically up12 date the list. The plan shall include a procedure, with 

13 respect to unreserved trains and passengers not hold14 ing reservations on other trains, for Amtrak to use 

15 reasonable efforts to ascertain the number and names 

16 of passengers aboard a train involved in an accident. 

17 ‘‘(2) A plan for creating and publicizing a reli18 able, toll-free telephone number within 4 hours after 

19 such an accident occurs, and for providing staff, to 

20 handle calls from the families of the passengers. 

21 ‘‘(3) A process for notifying the families of the 

22 passengers, before providing any public notice of the 

23 names of the passengers, by suitably trained individ24 uals. 

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1 ‘‘(4) A process for providing the notice described 

2 in paragraph (2) to the family of a passenger as soon 

3 as Amtrak has verified that the passenger was aboard 

4 the train (whether or not the names of all of the pas5 sengers have been verified). 

6 ‘‘(5) A process by which the family of each pas7 senger will be consulted about the disposition of all 

8 remains and personal effects of the passenger within 

9 Amtrak’s control; that any possession of the passenger 

10 within Amtrak’s control will be returned to the family 

11 unless the possession is needed for the accident inves12 tigation or any criminal investigation; and that any 

13 unclaimed possession of a passenger within Amtrak’s 

14 control will be retained by the rail passenger carrier 

15 for at least 18 months. 

16 ‘‘(6) A process by which the treatment of the 

17 families of nonrevenue passengers will be the same as 

18 the treatment of the families of revenue passengers. 

19 ‘‘(7) An assurance that Amtrak will provide ade20 quate training to its employees and agents to meet the 

21 needs of survivors and family members following an 

22 accident. 

23 ‘‘(c) USE OF INFORMATION.—Neither National Trans24 portation Safety Board, the Secretary of Transportation, 

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1 lease any personal information on a list obtained under 

2 subsection (b)(1) but may provide information on the list 

3 about a passenger to the family of the passenger to the ex4 tent that the Board or Amtrak considers appropriate. 

5 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not be 

6 liable for damages in any action brought in a Federal or 

7 State court arising out of the performance of Amtrak under 

8 this section in preparing or providing a passenger list, or 

9 in providing information concerning a train reservation, 

10 pursuant to a plan submitted by Amtrak under subsection 

11 (b), unless such liability was caused by Amtrak’s conduct. 

12 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.— 

13 Nothing in this section may be construed as limiting the 

14 actions that Amtrak may take, or the obligations that Am15 trak may have, in providing assistance to the families of 

16 passengers involved in a rail passenger accident. 

17 ‘‘(f) FUNDING.—Out of funds appropriated pursuant 

18 to section 116(b) of the Surface Transportation and Rail 

19 Security Act of 2007, there shall be made available to the 

20 Secretary of Transportation for the use of Amtrak $500,000 

21 for fiscal year 2008 to carry out this section. Amounts made 

22 available pursuant to this subsection shall remain available 

23 until expended.’’. 

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1 (b) CONFORMING AMENDMENT.—The chapter analysis 

2 for chapter 243 of title 49, United States Code, is amended 

3 by adding at the end the following: 

‘‘24316. Plan to assist families of passengers involved in rail passenger accidents.’’. 

4 SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT. 

5 Within 1 year after the date of enactment of this Act, 

6 the Secretary, in consultation with the Assistant Secretary 

7 of Homeland Security (Transportation Security Adminis8 tration), the Secretary of Transportation, heads of other ap9 propriate Federal departments, and agencies and the Na10 tional Railroad Passenger Corporation, shall transmit a re11 port to the Senate Committee on Commerce, Science, and 

12 Transportation, the House of Representatives Committee on 

13 Transportation and Infrastructure, and the House of Rep14 resentatives Committee on Homeland Security that con15 tains— 

16 (1) a description of the current system for 

17 screening passengers and baggage on passenger rail 

18 service between the United States and Canada; 

19 (2) an assessment of the current program to pro20 vide preclearance of airline passengers between the 

21 United States and Canada as outlined in ‘‘The Agree22 ment on Air Transport Preclearance between the Gov23 ernment of Canada and the Government of the United 

24 States of America’’, dated January 18, 2001; 

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1 (3) an assessment of the current program to pro2 vide preclearance of freight railroad traffic between 

3 the United States and Canada as outlined in the 

4 ‘‘Declaration of Principle for the Improved Security 

5 of Rail Shipments by Canadian National Railway 

6 and Canadian Pacific Railway from Canada to the 

7 United States’’, dated April 2, 2003; 

8 (4) information on progress by the Department 

9 of Homeland Security and other Federal agencies to10 wards finalizing a bilateral protocol with Canada 

11 that would provide for preclearance of passengers on 

12 trains operating between the United States and Can13 ada; 

14 (5) a description of legislative, regulatory, budg15 etary, or policy barriers within the United States 

16 Government to providing pre-screened passenger lists 

17 for rail passengers traveling between the United 

18 States and Canada to the Department of Homeland 

19 Security; 

20 (6) a description of the position of the Govern21 ment of Canada and relevant Canadian agencies with 

22 respect to preclearance of such passengers; 

23 (7) a draft of any changes in existing Federal 

24 law necessary to provide for pre-screening of such 

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1 passengers and providing pre-screened passenger lists 

2 to the Department of Homeland Security; and 

3 (8) an analysis of the feasibility of reinstating 

4 in-transit inspections onboard international Amtrak 

5 trains. 

6 SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM. 

7 (a) IN GENERAL.—Not later than 1 year after the date 

8 of enactment of this Act, the Secretary, in consultation with 

9 the Secretary of Transportation, appropriate law enforce10 ment, security, and terrorism experts, representatives of 

11 railroad carriers and shippers, and nonprofit employee or12 ganizations that represent rail workers, shall develop and 

13 issue detailed guidance for a rail worker security training 

14 program to prepare front-line workers for potential threat 

15 conditions. The guidance shall take into consideration any 

16 current security training requirements or best practices. 

17 (b) PROGRAM ELEMENTS.—The guidance developed 

18 under subsection (a) shall include elements appropriate to 

19 passenger and freight rail service that address the following: 

20 (1) Determination of the seriousness of any oc21 currence. 

22 (2) Crew communication and coordination. 

23 (3) Appropriate responses to defend or protect 

24 oneself. 

25 (4) Use of protective devices. 

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1 (5) Evacuation procedures. 

2 (6) Psychology, behavior, and methods of terror3 ists. 

4 (7) Situational training exercises regarding var5 ious threat conditions. 

6 (8) Any other subject the Secretary considers ap7 propriate. 

8 (c) RAILROAD CARRIER PROGRAMS.—Not later than 

9 90 days after the Secretary issues guidance under subsection 

10 (a) in final form, each railroad carrier shall develop a rail 

11 worker security training program in accordance with that 

12 guidance and submit it to the Secretary for review. Not 

13 later than 90 days after receiving a railroad carrier’s pro14 gram under this subsection, the Secretary shall review the 

15 program and transmit comments to the railroad carrier 

16 concerning any revisions the Secretary considers necessary 

17 for the program to meet the guidance requirements. A rail18 road carrier shall respond to the Secretary’s comments 

19 within 90 days after receiving them. 

20 (d) TRAINING.—Not later than 1 year after the Sec21 retary reviews the training program developed by a rail22 road carrier under this section, the railroad carrier shall 

23 complete the training of all front-line workers in accordance 

24 with that program. The Secretary shall review implementa25 tion of the training program of a representative sample of 

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1 railroad carriers and report to the Senate Committee on 

2 Commerce, Science, and Transportation, the House of Rep3 resentatives Committee on Transportation and Infrastruc4 ture, and the House of Representatives Committee on 

5 Homeland Security on the number of reviews conducted and 

6 the results. The Secretary may submit the report in both 

7 classified and redacted formats as necessary. 

8 (e) UPDATES.—The Secretary shall update the train9 ing guidance issued under subsection (a) as appropriate to 

10 reflect new or different security threats. Railroad carriers 

11 shall revise their programs accordingly and provide addi12 tional training to their front-line workers within a reason13 able time after the guidance is updated. 

14 (f) FRONT-LINE WORKERS DEFINED.—In this section, 

15 the term ‘‘front-line workers’’ means security personnel, dis16 patchers, locomotive engineers, conductors, trainmen, other 

17 onboard employees, maintenance and maintenance support 

18 personnel, bridge tenders, as well as other appropriate em19 ployees of railroad carriers, as defined by the Secretary. 

20 (g) OTHER EMPLOYEES.—The Secretary shall issue 

21 guidance and best practices for a rail shipper employee se22 curity program containing the elements listed under sub23 section (b) as appropriate. 

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1 SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM. 

2 (a) IN GENERAL.—Subchapter A of chapter 201 of title 

3 49, United States Code, is amended by inserting after sec4 tion 20117 the following: 

5 ‘‘§ 20118. Whistleblower protection for rail security 

6 matters 

7 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—A rail8 road carrier engaged in interstate or foreign commerce may 

9 not discharge or in any way discriminate against an em10 ployee because the employee, whether acting for the em11 ployee or as a representative, has— 

12 ‘‘(1) provided, caused to be provided, or is about 

13 to provide or cause to be provided, to the employer or 

14 the Federal Government information relating to a 

15 reasonably perceived threat, in good faith, to security; 

16 or 

17 ‘‘(2) provided, caused to be provided, or is about 

18 to provide or cause to be provided, testimony before 

19 Congress or at any Federal or State proceeding re20 garding a reasonably perceived threat, in good faith, 

21 to security; or 

22 ‘‘(3) refused to violate or assist in the violation 

23 of any law, rule or regulation related to rail security. 

24 ‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance, or 

25 claim arising under this section is subject to resolution 

26 under section 3 of the Railway Labor Act (45 U.S.C. 153). 

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1 In a proceeding by the National Railroad Adjustment 

2 Board, a division or delegate of the Board, or another board 

3 of adjustment established under section 3 to resolve the dis4 pute, grievance, or claim the proceeding shall be expedited 

5 and the dispute, grievance, or claim shall be resolved not 

6 later than 180 days after it is filed. If the violation is a 

7 form of discrimination that does not involve discharge, sus8 pension, or another action affecting pay, and no other rem9 edy is available under this subsection, the Board, division, 

10 delegate, or other board of adjustment may award the em11 ployee reasonable damages, including punitive damages, of 

12 not more than $20,000. 

13 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro14 vided in subsection (b), the procedure set forth in section 

15 42121(b)(2)(B) of this subtitle, including the burdens of 

16 proof, applies to any complaint brought under this section. 

17 ‘‘(d) ELECTION OF REMEDIES.—An employee of a 

18 railroad carrier may not seek protection under both this 

19 section and another provision of law for the same allegedly 

20 unlawful act of the carrier. 

21 ‘‘(e) DISCLOSURE OF IDENTITY.— 

22 ‘‘(1) Except as provided in paragraph (2) of this 

23 subsection, or with the written consent of the em24 ployee, the Secretary of Transportation or Secretary 

25 of Homeland Security may not disclose the name of 

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1 an employee of a railroad carrier who has provided 

2 information about an alleged violation of this section. 

3 ‘‘(2) The Secretary shall disclose to the Attorney 

4 General the name of an employee described in para5 graph (1) of this subsection if the matter is referred 

6 to the Attorney General for enforcement.’’. 

7 (b) CONFORMING AMENDMENT.—The chapter analysis 

8 for chapter 201 of title 49, United States Code, is amended 

9 by inserting after the item relating to section 20117 the fol10 lowing: 

‘‘20118. Whistleblower protection for rail security matters.’’. 

11 SEC. 111. HIGH HAZARD MATERIAL SECURITY RISK MITIGA12 TION PLANS. 

13 (a) IN GENERAL.—The Secretary, in consultation with 

14 the Assistant Secretary of Homeland Security (Transpor15 tation Security Administration) and the Secretary of 

16 Transportation, shall require rail carriers transporting a 

17 high hazard material, as defined in section 104(g) of this 

18 Act to develop a high hazard material security risk mitiga19 tion plan containing appropriate measures, including al20 ternative routing and temporary shipment suspension op21 tions, to address assessed risks to high consequence targets. 

22 The plan, and any information submitted to the Secretary 

23 under this section shall be protected as sensitive security 

24 information under the regulations prescribed under section 

25 114(s) of title 49, United States Code. 

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1 (b) IMPLEMENTATION.—A high hazard material secu2 rity risk mitigation plan shall be put into effect by a rail 

3 carrier for the shipment of high hazardous materials by rail 

4 on the rail carrier’s right-of-way when the threat levels of 

5 the Homeland Security Advisory System are high or severe 

6 or specific intelligence of probable or imminent threat exists 

7 towards— 

8 (1) a high-consequence target that is within the 

9 catastrophic impact zone of a railroad right-of-way 

10 used to transport high hazardous material; or 

11 (2) rail infrastructure or operations within the 

12 immediate vicinity of a high-consequence target. 

13 (c) COMPLETION AND REVIEW OF PLANS.— 

14 (1) PLANS REQUIRED.—Each rail carrier 

15 shall— 

16 (A) submit a list of routes used to transport 

17 high hazard materials to the Secretary within 60 

18 days after the date of enactment of this Act; 

19 (B) develop and submit a high hazard ma20 terial security risk mitigation plan to the Sec21 retary within 180 days after it receives the no22 tice of high consequence targets on such routes by 

23 the Secretary that includes an operational recov24 ery plan to expedite, to the maximum extent 

25 practicable, the return of an adversely affected 

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1 rail system or facility to its normal performance 

2 level following a major terrorist attack or other 

3 security incident; and 

4 (C) submit any subsequent revisions to the 

5 plan to the Secretary within 30 days after mak6 ing the revisions. 

7 (2) REVIEW AND UPDATES.—The Secretary, with 

8 assistance of the Secretary of Transportation, shall 

9 review the plans and transmit comments to the rail10 road carrier concerning any revisions the Secretary 

11 considers necessary. A railroad carrier shall respond 

12 to the Secretary’s comments within 30 days after re13 ceiving them. Each rail carrier shall update and re14 submit its plan for review not less than every 2 years. 

15 (d) DEFINITIONS.—In this section: 

16 (1) The term ‘‘high-consequence target’’ means 

17 property, infrastructure, public space, or natural re18 source designated by the Secretary that is a viable 

19 terrorist target of national significance, the attack of 

20 which could result in— 

21 (A) catastrophic loss of life; 

22 (B) significant damage to national security 

23 or defense capabilities; or 

24 (C) national economic harm. 

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1 (2) The term ‘‘catastrophic impact zone’’ means 

2 the area immediately adjacent to, under, or above an 

3 active railroad right-of-way used to ship high hazard 

4 materials in which the potential release or explosion 

5 of the high hazard material being transported would 

6 likely cause— 

7 (A) loss of life; or 

8 (B) significant damage to property or 

9 structures. 

10 (3) The term ‘‘rail carrier’’ has the meaning 

11 given that term by section 10102(5) of title 49, 

12 United States Code. 

13 SEC. 112. ENFORCEMENT AUTHORITY. 

14 (a) IN GENERAL.—Section 114 of title 49, United 

15 States Code, as amended by section 116 of this Act, is fur16 ther amended by adding at the end thereof the following: 

17 ‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS

18 OF THE SECRETARY OF HOMELAND SECURITY ISSUED

19 UNDER THIS TITLE.— 

20 ‘‘(1) APPLICATION OF SUBSECTION.— 

21 ‘‘(A) IN GENERAL.—This subsection applies 

22 to the enforcement of regulations prescribed, and 

23 orders issued, by the Secretary of Homeland Se24 curity under a provision of this title other than 

25 a provision of chapter 449. 

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1 ‘‘(B) VIOLATIONS OF CHAPTER 449.—The 

2 penalties for violations of regulations prescribed, 

3 and orders issued, by the Secretary of Homeland 

4 Security under chapter 449 of this title are pro5 vided under chapter 463 of this title. 

6 ‘‘(C) NONAPPLICATION TO CERTAIN VIOLA7 TIONS.— 

8 ‘‘(i) Paragraphs (2) through (5) of this 

9 subsection do not apply to violations of reg10 ulations prescribed, and orders issued, by 

11 the Secretary of Homeland Security under 

12 a provision of this title— 

13 ‘‘(I) involving the transportation 

14 of personnel or shipments of materials 

15 by contractors where the Department of 

16 Defense has assumed control and re17 sponsibility; 

18 ‘‘(II) by a member of the armed 

19 forces of the United States when per20 forming official duties; or 

21 ‘‘(III) by a civilian employee of 

22 the Department of Defense when per23 forming official duties. 

24 ‘‘(ii) Violations described in subclause 

25 (I), (II), or (III) of clause (i) shall be submstockstill on PROD1PC66 with BILLS

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1 ject to penalties as determined by the Sec2 retary of Defense or the Secretary’s des3 ignee. 

4 ‘‘(2) CIVIL PENALTY.— 

5 ‘‘(A) IN GENERAL.—A person is liable to the 

6 United States Government for a civil penalty of 

7 not more than $10,000 for a violation of a regu8 lation prescribed, or order issued, by the Sec9 retary of Homeland Security under this title. 

10 ‘‘(B) REPEAT VIOLATIONS.—A separate vio11 lation occurs under this paragraph for each day 

12 the violation continues. 

13 ‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PEN14 ALTIES.— 

15 ‘‘(A) IN GENERAL.—The Secretary of Home16 land Security may impose a civil penalty for a 

17 violation of a regulation prescribed, or order 

18 issued, under this title. The Secretary shall give 

19 written notice of the finding of a violation and 

20 the penalty. 

21 ‘‘(B) SCOPE OF CIVIL ACTION.—In a civil 

22 action to collect a civil penalty imposed by the 

23 Secretary under this subsection, the court may 

24 not re-examine issues of liability or the amount 

25 of the penalty. 

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1 ‘‘(C) JURISDICTION.—The district courts of 

2 the United States have exclusive jurisdiction of 

3 civil actions to collect a civil penalty imposed by 

4 the Secretary under this subsection if— 

5 ‘‘(i) the amount in controversy is more 

6 than— 

7 ‘‘(I) $400,000, if the violation was 

8 committed by a person other than an 

9 individual or small business concern; 

10 or 

11 ‘‘(II) $50,000, if the violation was 

12 committed by an individual or small 

13 business concern; 

14 ‘‘(ii) the action is in rem or another 

15 action in rem based on the same violation 

16 has been brought; or 

17 ‘‘(iii) another action has been brought 

18 for an injunction based on the same viola19 tion. 

20 ‘‘(D) MAXIMUM PENALTY.—The maximum 

21 penalty the Secretary may impose under this 

22 paragraph is— 

23 ‘‘(i) $400,000, if the violation was 

24 committed by a person other than an indi25 vidual or small business concern; or 

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1 ‘‘(ii) $50,000, if the violation was com2 mitted by an individual or small business 

3 concern. 

4 ‘‘(4) COMPROMISE AND SETOFF.— 

5 ‘‘(A) The Secretary may compromise the 

6 amount of a civil penalty imposed under this 

7 subsection. If the Secretary compromises the 

8 amount of a civil penalty under this subpara9 graph, the Secretary shall— 

10 ‘‘(i) notify the Senate Committee on 

11 Commerce, Science, and Transportation 

12 and the House of Representatives Committee 

13 on Homeland Security of the compromised 

14 penalty and explain the rationale therefor; 

15 and 

16 ‘‘(ii) make the explanation available to 

17 the public to the extent feasible without 

18 compromising security. 

19 ‘‘(B) The Government may deduct the 

20 amount of a civil penalty imposed or com21 promised under this subsection from amounts it 

22 owes the person liable for the penalty. 

23 ‘‘(5) INVESTIGATIONS AND PROCEEDINGS.— 

24 Chapter 461 of this title shall apply to investigations 

25 and proceedings brought under this subsection to the 

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1 same extent that it applies to investigations and pro2 ceedings brought with respect to aviation security du3 ties designated to be carried out by the Secretary. 

4 ‘‘(6) DEFINITIONS.—In this subsection: 

5 ‘‘(A) PERSON.—The term ‘person’ does not 

6 include— 

7 ‘‘(i) the United States Postal Service; 

8 or 

9 ‘‘(ii) the Department of Defense. 

10 ‘‘(B) SMALL BUSINESS CONCERN.—The 

11 term ‘small business concern’ has the meaning 

12 given that term in section 3 of the Small Busi13 ness Act (15 U.S.C. 632).’’. 

14 (b) CONFORMING AMENDMENT.—Section 46301(a)(4) 

15 of title 49, United States Code is amended by striking ‘‘or 

16 another requirement under this title administered by the 

17 Under Secretary of Transportation for Security’’. 

18 (c) RAIL SAFETY REGULATIONS.—Section 20103(a) of 

19 title 49, United States Code, is amended by striking ‘‘safe20 ty’’ the first place it appears, and inserting ‘‘safety, includ21 ing security,’’. 

22 SEC. 113. RAIL SECURITY ENHANCEMENTS. 

23 (a) RAIL POLICE OFFICERS.—Section 28101 of title 

24 49, United States Code, is amended— 

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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

2 ‘‘Under’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(b) ASSIGNMENT.—A rail police officer employed by 

5 a rail carrier and certified or commissioned as a police offi6 cer under the laws of a State may be temporarily assigned 

7 to assist a second rail carrier in carrying out law enforce8 ment duties upon the request of the second rail carrier, at 

9 which time the police officer shall be considered to be an 

10 employee of the second rail carrier and shall have authority 

11 to enforce the laws of any jurisdiction in which the second 

12 rail carrier owns property to the same extent as provided 

13 in subsection (a).’’. 

14 (b) MODEL STATE LEGISLATION.—By no later than 

15 September 7, 2007, the Secretary of Transportation shall 

16 develop model State legislation to address the problem of 

17 entities that claim to be rail carriers in order to establish 

18 and run a police force when the entities do not in fact pro19 vide rail transportation and shall make it available to State 

20 governments. In developing the model State legislation the 

21 Secretary shall solicit the input of the States, railroads 

22 companies, and railroad employees. The Secretary shall re23 view and, if necessary, revise such model State legislation 

24 periodically. 

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1 SEC. 114. PUBLIC AWARENESS. 

2 Not later than 90 days after the date of enactment of 

3 this Act, the Secretary, in consultation with the Secretary 

4 of Transportation, shall develop a national plan for public 

5 outreach and awareness. Such plan shall be designed to in6 crease awareness of measures that the general public, rail7 road passengers, and railroad employees can take to in8 crease railroad system security. Such plan shall also pro9 vide outreach to railroad carriers and their employees to 

10 improve their awareness of available technologies, ongoing 

11 research and development efforts, and available Federal 

12 funding sources to improve railroad security. Not later than 

13 9 months after the date of enactment of this Act, the Sec14 retary shall implement the plan developed under this sec15 tion. 

16 SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING. 

17 (a) WIRELESS COMMUNICATIONS.— 

18 (1) IN GENERAL.—In conjunction with the re19 search and development program established under 

20 section 105 and consistent with the results of research 

21 relating to wireless tracking technologies, the Sec22 retary, in consultation with the Assistant Secretary of 

23 Homeland Security (Transportation Security Admin24 istration), shall develop a program that will encour25 age the equipping of rail cars transporting high hazmstockstill on PROD1PC66 with BILLS

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1 ard materials (as defined in section 104(g) of this 

2 Act) with technology that provides— 

3 (A) car position location and tracking ca4 pabilities; and 

5 (B) notification of rail car depressurization, 

6 breach, unsafe temperature, or release of haz7 ardous materials. 

8 (2) COORDINATION.—In developing the program 

9 required by paragraph (1), the Secretary shall— 

10 (A) consult with the Secretary of Transpor11 tation to coordinate the program with any ongo12 ing or planned efforts for rail car tracking at the 

13 Department of Transportation; and 

14 (B) ensure that the program is consistent 

15 with recommendations and findings of the De16 partment of Homeland Security’s hazardous ma17 terial tank rail car tracking pilot programs. 

18 (b) FUNDING.—Out of funds appropriated pursuant to 

19 section 114(u) of title 49, United States Code, as amended 

20 by section 116 of this Act, there shall be made available 

21 to the Secretary to carry out this section $3,000,000 for each 

22 of fiscal years 2008, 2009, and 2010. 

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1 SEC. 116. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) TRANSPORTATION SECURITY ADMINISTRATION AU3 THORIZATION.—Section 114 of title 49, United States Code, 

4 is amended by adding at the end thereof the following: 

5 ‘‘(u) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary of Home7 land Security for rail security— 

8 ‘‘(1) $205,000,000 for fiscal year 2008; 

9 ‘‘(2) $166,000,000 for fiscal year 2009; and 

10 ‘‘(3) $166,000,000 for fiscal year 2010.’’. 

11 (b) DEPARTMENT OF TRANSPORTATION.—There are 

12 authorized to be appropriated to the Secretary of Transpor13 tation to carry out this title and sections 20118 and 24316 

14 of title 49, United States Code, as added by this Act— 

15 (1) $121,000,000 for fiscal year 2008; 

16 (2) $118,000,000 for fiscal year 2009; 

17 (3) $118,000,000 for fiscal year 2010; and 

18 (4) $118,000,000 for fiscal year 2011. 

19 TITLE II—IMPROVED MOTOR 

20 CARRIER, BUS, AND HAZ21 ARDOUS MATERIAL SECURITY 

22 SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING. 

23 (a) ROUTE PLAN GUIDANCE.—Within one year after 

24 the date of enactment of this Act, the Secretary of Transpor25 tation, in consultation with the Secretary, shall— 

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1 (1) document existing and proposed routes for 

2 the transportation of radioactive and non-radioactive 

3 hazardous materials by motor carrier, and develop a 

4 framework for using a Geographic Information Sys5 tem-based approach to characterize routes in the Na6 tional Hazardous Materials Route Registry; 

7 (2) assess and characterize existing and proposed 

8 routes for the transportation of radioactive and non9 radioactive hazardous materials by motor carrier for 

10 the purpose of identifying measurable criteria for se11 lecting routes based on safety and security concerns; 

12 (3) analyze current route-related hazardous ma13 terials regulations in the United States, Canada, and 

14 Mexico to identify cross-border differences and con15 flicting regulations; 

16 (4) document the concerns of the public, motor 

17 carriers, and State, local, territorial, and tribal gov18 ernments about the highway routing of hazardous ma19 terials for the purpose of identifying and mitigating 

20 security risks associated with hazardous material 

21 routes; 

22 (5) prepare guidance materials for State officials 

23 to assist them in identifying and reducing both safety 

24 concerns and security risks when designating highway 

25 routes for hazardous materials consistent with the 13 

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1 safety-based non-radioactive materials routing cri2 teria and radioactive materials routing criteria in 

3 Subpart C part 397 of title 49, Code of Federal Regu4 lations; 

5 (6) develop a tool that will enable State officials 

6 to examine potential routes for the highway transpor7 tation of hazardous material and assess specific secu8 rity risks associated with each route and explore al9 ternative mitigation measures; and 

10 (7) transmit to the Senate Committee on Com11 merce, Science, and Transportation, and the House of 

12 Representatives Committee on Transportation and 

13 Infrastructure a report on the actions taken to fulfill 

14 paragraphs (1) through (6) of this subsection and any 

15 recommended changes to the routing requirements for 

16 the highway transportation of hazardous materials in 

17 part 397 of title 49, Code of Federal Regulations. 

18 (b) ROUTE PLANS.— 

19 (1) ASSESSMENT.—Within one year after the 

20 date of enactment of this Act, the Secretary of Trans21 portation shall complete an assessment of the safety 

22 and national security benefits achieved under existing 

23 requirements for route plans, in written or electronic 

24 format, for explosives and radioactive materials. The 

25 assessment shall, at a minimum— 

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1 (A) compare the percentage of Department 

2 of Transportation recordable incidents and the 

3 severity of such incidents for shipments of explo4 sives and radioactive materials for which such 

5 route plans are required with the percentage of 

6 recordable incidents and the severity of such in7 cidents for shipments of explosives and radio8 active materials not subject to such route plans; 

9 and 

10 (B) quantify the security and safety bene11 fits, feasibility, and costs of requiring each motor 

12 carrier that is required to have a hazardous ma13 terial safety permit under part 385 of title 49, 

14 Code of Federal Regulations, to maintain, follow, 

15 and carry such a route plan that meets the re16 quirements of section 397.101 of that title when 

17 transporting the type and quantity of hazardous 

18 materials described in section 385.403 of that 

19 title, taking into account the various segments of 

20 the trucking industry, including tank truck, 

21 truckload and less than truckload carriers. 

22 (2) REPORT.—Within one year after the date of 

23 enactment of this Act, the Secretary of Transportation 

24 shall submit a report to the Senate Committee on 

25 Commerce, Science, and Transportation, and the 

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1 House of Representatives Committee on Transpor2 tation and Infrastructure containing the findings and 

3 conclusions of the assessment. 

4 (c) REQUIREMENT.—The Secretary shall require motor 

5 carriers that have a hazardous material safety permit 

6 under part 385 of title 49, Code of Federal Regulations, 

7 to maintain, follow, and carry a route plan, in written or 

8 electronic format, that meets the requirements of section 

9 397.101 of that title when transporting the type and quan10 tity of hazardous materials described in section 385.403 of 

11 that title if the Secretary determines, under the assessment 

12 required in subsection (b), that such a requirement would 

13 enhance the security and safety of the nation without im14 posing unreasonable costs or burdens upon motor carriers. 

15 SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL 

16 TRACKING. 

17 (a) COMMUNICATIONS— 

18 (1) IN GENERAL.—Consistent with the findings 

19 of the Transportation Security Administration’s 

20 Hazmat Truck Security Pilot Program and within 6 

21 months after the date of enactment of this Act, the 

22 Secretary, through the Transportation Security Ad23 ministration and in consultation with the Secretary 

24 of Transportation, shall develop a program to encour25 age the tracking of motor carrier shipments of high 

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1 hazard materials as defined in this Act with commu2 nications technology that provides— 

3 (A) frequent or continuous communications; 

4 (B) vehicle position location and tracking 

5 capabilities; and 

6 (C) a feature that allows a driver of such 

7 vehicles to broadcast an emergency message. 

8 (2) CONSIDERATIONS.—In developing the pro9 gram required by paragraph (1), the Secretary 

10 shall— 

11 (A) consult with the Secretary of Transpor12 tation to coordinate the program with any ongo13 ing or planned efforts for motor carrier or high 

14 hazardous materials tracking at the Department 

15 of Transportation; 

16 (B) take into consideration the rec17 ommendations and findings of the report on the 

18 Hazardous Material Safety and Security Oper19 ation Field Test released by the Federal Motor 

20 Carrier Safety Administration on November 11, 

21 2004; 

22 (C) evaluate— 

23 (i) any new information related to the 

24 cost and benefits of deploying and utilizing 

25 tracking technology for motor carriers 

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1 transporting high hazard materials not in2 cluded in the Hazardous Material Safety 

3 and Security Operation Field Test Report 

4 released by the Federal Motor Carrier Safe5 ty Administration on November 11, 2004; 

6 (ii) the ability of tracking technology 

7 to resist tampering and disabling; 

8 (iii) the capability of tracking tech9 nology to collect, display, and store infor10 mation regarding the movements of ship11 ments of high hazard materials by commer12 cial motor vehicles; 

13 (iv) the appropriate range of contact 

14 intervals between the tracking technology 

15 and a commercial motor vehicle trans16 porting high hazard materials; and 

17 (v) technology that allows the installa18 tion by a motor carrier of concealed elec19 tronic devices on commercial motor vehicles 

20 that can be activated by law enforcement 

21 authorities and alert emergency response re22 sources to locate and recover security sen23 sitive material in the event of loss or theft 

24 of such material. 

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1 (b) FUNDING.—There are authorized to be appro2 priated to the Secretary to carry out this section $3,000,000 

3 for each of fiscal years 2008, 2009, and 2010. 

4 SEC. 203. MEMORANDUM OF AGREEMENT. 

5 Similar to the other security annexes between the two 

6 departments, within 1 year after the date of enactment of 

7 this Act, the Secretary of Transportation and the Secretary 

8 shall execute and develop an annex to the memorandum of 

9 agreement between the two departments signed on Sep10 tember 28, 2004, governing the specific roles, delineations 

11 of responsibilities, resources and commitments of the De12 partment of Transportation and the Department of Home13 land Security, respectively, in addressing motor carrier 

14 transportation security matters, including the processes the 

15 departments will follow to promote communications, effi16 ciency, and nonduplication of effort. 

17 SEC. 204. HAZARDOUS MATERIALS SECURITY INSPECTIONS 

18 AND ENFORCEMENT. 

19 (a) IN GENERAL.—The Secretary shall establish a pro20 gram within the Transportation Security Administration, 

21 in consultation with the Secretary of Transportation, for 

22 reviewing hazardous materials security plans required 

23 under part 172, title 49, Code of Federal Regulations, with24 in 180 days after the date of enactment of this Act. In estab25 lishing the program, the Secretary shall ensure that— 

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1 (1) the program does not subject carriers to un2 necessarily duplicative reviews of their security plans 

3 by the 2 departments; and 

4 (2) a common set of standards is used to review 

5 the security plans. 

6 (b) CIVIL PENALTY.—The failure, by an offerer, car7 rier, or other person subject to part 172 of title 49, Code 

8 of Federal Regulations, to comply with any applicable sec9 tion of that part within 180 days after being notified by 

10 the Secretary of such failure to comply, is punishable by 

11 a civil penalty imposed by the Secretary under title 49, 

12 United States Code. For purposes of this subsection, each 

13 day of noncompliance after the 181st day following the date 

14 on which the offerer, carrier, or other person received notice 

15 of the failure shall constitute a separate failure. 

16 (c) COMPLIANCE REVIEW.—In reviewing the compli17 ance of hazardous materials offerers, carriers, or other per18 sons subject to part 172 of title 49, Code of Federal Regula19 tions, with the provisions of that part, the Secretary shall 

20 utilize risk assessment methodologies to prioritize review 

21 and enforcement actions of the highest risk hazardous mate22 rials transportation operations. 

23 (d) TRANSPORTATION COSTS STUDY.—Within 1 year 

24 after the date of enactment of this Act, the Secretary of 

25 Transportation, in conjunction with the Secretary, shall 

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1 study to what extent the insurance, security, and safety 

2 costs borne by railroad carriers, motor carriers, pipeline 

3 carriers, air carriers, and maritime carriers associated 

4 with the transportation of hazardous materials are reflected 

5 in the rates paid by offerers of such commodities as com6 pared to the costs and rates respectively for the transpor7 tation of non-hazardous materials. 

8 (e) FUNDING.—There are authorized to be appro9 priated to the Secretary to carry out this section— 

10 (1) $2,000,000 for fiscal year 2008; 

11 (2) $2,000,000 for fiscal year 2009; and 

12 (3) $2,000,000 for fiscal year 2010. 

13 SEC. 205. TRUCK SECURITY ASSESSMENT. 

14 Not later than 1 year after the date of enactment of 

15 this Act, the Secretary, in consultation with the Secretary 

16 of Transportation, shall transmit to the Senate Committee 

17 on Commerce, Science, and Transportation, Senate Com18 mittee on Finance, the House of Representatives Committee 

19 on Transportation and Infrastructure, the House of Rep20 resentatives Committee on Homeland Security, and the 

21 House of Representatives Committee on Ways and Means, 

22 a report on security issues related to the trucking industry 

23 that includes— 

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1 (1) an assessment of actions already taken to ad2 dress identified security issues by both public and 

3 private entities; 

4 (2) an assessment of the economic impact that 

5 security upgrades of trucks, truck equipment, or truck 

6 facilities may have on the trucking industry and its 

7 employees, including independent owner-operators; 

8 (3) an assessment of ongoing research and the 

9 need for additional research on truck security; 

10 (4) an assessment of industry best practices to 

11 enhance security; and 

12 (5) an assessment of the current status of secure 

13 motor carrier parking. 

14 SEC. 206. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM. 

15 (a) DEVELOPMENT.—The Secretary, in conjunction 

16 with the Secretary of Transportation, shall consider the de17 velopment of a national public sector response system to re18 ceive security alerts, emergency messages, and other infor19 mation used to track the transportation of high hazard ma20 terials which can provide accurate, timely, and actionable 

21 information to appropriate first responder, law enforcement 

22 and public safety, and homeland security officials, as ap23 propriate, regarding accidents, threats, thefts, or other safe24 ty and security risks or incidents. In considering the devel25 opment of this system, they shall consult with law enforcemstockstill on PROD1PC66 with BILLS

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1 ment and public safety officials, hazardous material ship2 pers, motor carriers, railroads, organizations representing 

3 hazardous material employees, State transportation and 

4 hazardous materials officials, private for-profit and non5 profit emergency response organizations, and commercial 

6 motor vehicle and hazardous material safety groups. Con7 sideration of development of the national public sector re8 sponse system shall be based upon the public sector response 

9 center developed for the Transportation Security Adminis10 tration hazardous material truck security pilot program 

11 and hazardous material safety and security operational 

12 field test undertaken by the Federal Motor Carrier Safety 

13 Administration. 

14 (b) CAPABILITY.—The national public sector response 

15 system to be considered shall be able to receive, as appro16 priate— 

17 (1) negative driver verification alerts; 

18 (2) out-of-route alerts; 

19 (3) driver panic or emergency alerts; and 

20 (4) tampering or release alerts. 

21 (c) CHARACTERISTICS.—The national public sector re22 sponse system to be considered shall— 

23 (1) be an exception-based system; 

24 (2) be integrated with other private and public 

25 sector operation reporting and response systems and 

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1 all Federal homeland security threat analysis systems 

2 or centers (including the National Response Center); 

3 and 

4 (3) provide users the ability to create rules for 

5 alert notification messages. 

6 (d) CARRIER PARTICIPATION.—The Secretary shall co7 ordinate with motor carriers and railroads transporting 

8 high hazard materials, entities acting on their behalf who 

9 receive communication alerts from motor carriers or rail10 roads, or other Federal agencies that receive security and 

11 emergency related notification regarding high hazard mate12 rials in transit to facilitate the provisions of the informa13 tion listed in subsection (b) to the national public sector 

14 response system to the extent possible if the system is estab15 lished. 

16 (e) DATA PRIVACY.—The national public sector re17 sponse system shall be designed to ensure appropriate pro18 tection of data and information relating to motor carriers, 

19 railroads, and employees. 

20 (f) REPORT.—Not later than 180 days after the date 

21 of enactment of this Act, the Secretary shall transmit to 

22 the Senate Committee on Commerce, Science, and Trans23 portation, the House of Representatives Committee on 

24 Transportation and Infrastructure, and the House of Rep25 resentatives Committee on Homeland Security a report on 

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1 whether to establish a national public sector response system 

2 and the estimated total public and private sector costs to 

3 establish and annually operate such a system, together with 

4 any recommendations for generating private sector partici5 pation and investment in the development and operation 

6 of such a system. 

7 (g) FUNDING.—There are authorized to be appro8 priated to the Secretary to carry out this section— 

9 (1) $1,000,000 for fiscal year 2008; 

10 (2) $1,000,000 for fiscal year 2009; and 

11 (3) $1,000,000 for fiscal year 2010. 

12 SEC. 207. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 

13 (a) IN GENERAL.—The Secretary shall establish a pro14 gram within the Transportation Security Administration 

15 for making grants to private operators of over-the-road 

16 buses or over-the-road bus terminal operators for the pur17 poses of emergency preparedness drills and exercises, pro18 tecting high risk/high consequence assets identified through 

19 system-wide risk assessment, counter-terrorism training, 

20 visible/unpredictable deterrence, public awareness and pre21 paredness campaigns, and including— 

22 (1) constructing and modifying terminals, ga23 rages, facilities, or over-the-road buses to assure their 

24 security; 

25 (2) protecting or isolating the driver; 

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1 (3) acquiring, upgrading, installing, or oper2 ating equipment, software, or accessorial services for 

3 collection, storage, or exchange of passenger and driv4 er information through ticketing systems or otherwise, 

5 and information links with government agencies; 

6 (4) training employees in recognizing and re7 sponding to security risks, evacuation procedures, 

8 passenger screening procedures, and baggage inspec9 tion; 

10 (5) hiring and training security officers; 

11 (6) installing cameras and video surveillance 

12 equipment on over-the-road buses and at terminals, 

13 garages, and over-the-road bus facilities; 

14 (7) creating a program for employee identifica15 tion or background investigation; 

16 (8) establishing and upgrading emergency com17 munications tracking and control systems; and 

18 (9) implementing and operating passenger 

19 screening programs at terminals and on over-the-road 

20 buses. 

21 (b) DUE CONSIDERATION.—In making grants under 

22 this section, the Secretary shall give due consideration to 

23 private operators of over-the-road buses that have taken 

24 measures to enhance bus transportation security from those 

25 in effect before September 11, 2001, and shall prioritize 

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1 grant funding based on the magnitude and severity of the 

2 security risks to bus passengers and the ability of the funded 

3 project to reduce, or respond to, that risk. 

4 (c) GRANT REQUIREMENTS.—A grant under this sec5 tion shall be subject to all the terms and conditions that 

6 a grant is subject to under section 3038(f) of the Transpor7 tation Equity Act for the 21st Century (49 U.S.C. 5310 

8 note; 112 Stat. 393). 

9 (d) PLAN REQUIREMENT.— 

10 (1) IN GENERAL.—The Secretary may not make 

11 a grant under this section to a private operator of 

12 over-the-road buses until the operator has first sub13 mitted to the Secretary— 

14 (A) a plan for making security improve15 ments described in subsection (a) and the Sec16 retary has reviewed or approved the plan; and 

17 (B) such additional information as the Sec18 retary may require to ensure accountability for 

19 the obligation and expenditure of amounts made 

20 available to the operator under the grant. 

21 (2) COORDINATION.—To the extent that an ap22 plication for a grant under this section proposes secu23 rity improvements within a specific terminal owned 

24 and operated by an entity other than the applicant, 

25 the applicant shall demonstrate to the satisfaction of 

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1 the Secretary that the applicant has coordinated the 

2 security improvements for the terminal with that en3 tity. 

4 (e) OVER-THE-ROAD BUS DEFINED.—In this section, 

5 the term ‘‘over-the-road bus’’ means a bus characterized by 

6 an elevated passenger deck located over a baggage compart7 ment. 

8 (f) BUS SECURITY ASSESSMENT.— 

9 (1) IN GENERAL.—Not later than 1 year after 

10 the date of enactment of this Act, the Secretary shall 

11 transmit to the Senate Committee on Commerce, 

12 Science, and Transportation, the House of Represent13 atives Committee on Transportation and Infrastruc14 ture, and the House of Representatives Committee on 

15 Homeland Security a report in accordance with the 

16 requirements of this section. 

17 (2) CONTENTS OF REPORT.—The report shall in18 clude— 

19 (A) an assessment of the over-the-road bus 

20 security grant program; 

21 (B) an assessment of actions already taken 

22 to address identified security issues by both pub23 lic and private entities and recommendations on 

24 whether additional safety and security enforce25 ment actions are needed; 

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1 (C) an assessment of whether additional leg2 islation is needed to provide for the security of 

3 Americans traveling on over-the-road buses; 

4 (D) an assessment of the economic impact 

5 that security upgrades of buses and bus facilities 

6 may have on the over-the-road bus transpor7 tation industry and its employees; 

8 (E) an assessment of ongoing research and 

9 the need for additional research on over-the-road 

10 bus security, including engine shut-off mecha11 nisms, chemical and biological weapon detection 

12 technology, and the feasibility of compartmental13 ization of the driver; 

14 (F) an assessment of industry best practices 

15 to enhance security; and 

16 (G) an assessment of school bus security, if 

17 the Secretary deems it appropriate. 

18 (3) CONSULTATION WITH INDUSTRY, LABOR, AND

19 OTHER GROUPS.—In carrying out this section, the 

20 Secretary shall consult with over-the-road bus man21 agement and labor representatives, public safety and 

22 law enforcement officials, and the National Academy 

23 of Sciences. 

24 (g) FUNDING.—There are authorized to be appro25 priated to the Secretary to carry out this section— 

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1 (1) $12,000,000 for fiscal year 2008; 

2 (2) $25,000,000 for fiscal year 2009; and 

3 (3) $25,000,000 for fiscal year 2010. 

4 Amounts made available pursuant to this subsection shall 

5 remain available until expended. 

6 SEC. 208. PIPELINE SECURITY AND INCIDENT RECOVERY 

7 PLAN. 

8 (a) IN GENERAL.—The Secretary, in consultation with 

9 the Secretary of Transportation and the Pipeline and Haz10 ardous Materials Safety Administration, and in accordance 

11 with the Memorandum of Understanding Annex executed 

12 on August 9, 2006, shall develop a Pipeline Security and 

13 Incident Recovery Protocols Plan. The plan shall include— 

14 (1) a plan for the Federal Government to provide 

15 increased security support to the most critical inter16 state and intrastate natural gas and hazardous liquid 

17 transmission pipeline infrastructure and operations 

18 as determined under section 209— 

19 (A) at severe security threat levels of alert; 

20 or 

21 (B) when specific security threat informa22 tion relating to such pipeline infrastructure or 

23 operations exists; and 

24 (2) an incident recovery protocol plan, developed 

25 in conjunction with interstate and intrastate transmstockstill on PROD1PC66 with BILLS

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1 mission and distribution pipeline operators and ter2 minals and facilities operators connected to pipelines, 

3 to develop protocols to ensure the continued transpor4 tation of natural gas and hazardous liquids to essen5 tial markets and for essential public health or na6 tional defense uses in the event of an incident affect7 ing the interstate and intrastate natural gas and haz8 ardous liquid transmission and distribution pipeline 

9 system, which shall include protocols for granting ac10 cess to pipeline operators for pipeline infrastructure 

11 repair, replacement or bypass following an incident. 

12 (b) EXISTING PRIVATE AND PUBLIC SECTOR EF13 FORTS.—The plan shall take into account actions taken or 

14 planned by both private and public entities to address iden15 tified pipeline security issues and assess the effective inte16 gration of such actions. 

17 (c) CONSULTATION.—In developing the plan under 

18 subsection (a), the Secretary shall consult with the Sec19 retary of Transportation, interstate and intrastate trans20 mission and distribution pipeline operators, pipeline labor, 

21 first responders, shippers, State pipeline safety agencies, 

22 public safety officials, and other relevant parties. 

23 (d) REPORT.— 

24 (1) CONTENTS.—Not later than 2 years after the 

25 date of enactment of this Act, the Secretary shall 

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1 transmit to the Committee on Commerce, Science, 

2 and Transportation of the Senate, the Committee on 

3 Homeland Security of the House of Representatives, 

4 and the Committee on Transportation and Infrastruc5 ture of the House of Representatives a report con6 taining the plan required by subsection (a), along 

7 with an estimate of the private and public sector costs 

8 to implement any recommendations. 

9 (2) FORMAT.—The Secretary may submit the re10 port in both classified and redacted formats if the 

11 Secretary determines that such action is appropriate 

12 or necessary. 

13 SEC. 209. PIPELINE SECURITY INSPECTIONS AND ENFORCE14 MENT. 

15 (a) IN GENERAL.—Within 1 year after the date of en16 actment of this Act the Secretary, in consultation with the 

17 Secretary of Transportation, shall establish a program for 

18 reviewing pipeline operator adoption of recommendations 

19 in the September, 5, 2002, Department of Transportation 

20 Research and Special Programs Administration Pipeline 

21 Security Information Circular, including the review of 

22 pipeline security plans and critical facility inspections. 

23 (b) REVIEW AND INSPECTION.—Within 9 months after 

24 the date of enactment of this Act the Secretary and the Sec25 retary of Transportation shall develop and implement a 

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1 plan for reviewing the pipeline security plan and an in2 spection of the critical facilities of the 100 most critical 

3 pipeline operators covered by the September, 5, 2002, cir4 cular, where such facilities have not been inspected for secu5 rity purposes since September 5, 2002, by either the Depart6 ment of Homeland Security or the Department of Transpor7 tation. 

8 (c) COMPLIANCE REVIEW METHODOLOGY—In review9 ing pipeline operator compliance under subsections (a) and 

10 (b), risk assessment methodologies shall be used to prioritize 

11 risks and to target inspection and enforcement actions to 

12 the highest risk pipeline assets. 

13 (d) REGULATIONS.—Within 1 year after the date of 

14 enactment of this Act, the Secretary and the Secretary of 

15 Transportation shall develop and transmit to pipeline oper16 ators security recommendations for natural gas and haz17 ardous liquid pipelines and pipeline facilities. If the Sec18 retary determines that regulations are appropriate, the Sec19 retary shall consult with the Secretary of Transportation 

20 on the extent of risk and appropriate mitigation measures, 

21 and the Secretary or the Secretary of Transportation, con22 sistent with the memorandum of understanding annex 

23 signed on August 9, 2006, shall promulgate such regulations 

24 and carry out necessary inspection and enforcement ac25 tions. Any regulations should incorporate the guidance promstockstill on PROD1PC66 with BILLS

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1 vided to pipeline operators by the September 5, 2002, De2 partment of Transportation Research and Special Pro3 grams Administration’s Pipeline Security Information Cir4 cular and contain additional requirements as necessary 

5 based upon the results of the inspections performed under 

6 subsection (b). The regulations shall include the imposition 

7 of civil penalties for non-compliance. 

8 (e) FUNDING.—There are authorized to be appro9 priated to the Secretary to carry out this section— 

10 (1) $2,000,000 for fiscal year 2008; and 

11 (2) $2,000,000 for fiscal year 2009. 

12 SEC. 210. TECHNICAL CORRECTIONS. 

13 (a) HAZMAT LICENSES.—Section 5103a of title 49, 

14 United States Code, is amended— 

15 (1) by inserting ‘‘of Homeland Security’’ after 

16 ‘‘Secretary’’ each place it appears in subsections 

17 (a)(1), (d)(1)(b), and (e); and 

18 (2) by redesignating subsection (h) as subsection 

19 (i) and inserting the following after subsection (g): 

20 ‘‘(h) RELATIONSHIP TO TRANSPORTATION SECURITY

21 CARDS.—Upon application, a State shall issue to an indi22 vidual a license to operate a motor vehicle transporting in 

23 commerce a hazardous material without the security assess24 ment required by this section, provided the individual meets 

25 all other applicable requirements for such a license, if the 

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1 Secretary of Homeland Security has previously determined, 

2 under section 70105 of title 46, United States Code, that 

3 the individual does not pose a security risk.’’. 

4 SEC. 211. CERTAIN PERSONNEL LIMITATIONS NOT TO 

5 APPLY. 

6 Any statutory limitation on the number of employees 

7 in the Transportation Security Administration of the De8 partment of Transportation, before or after its transfer to 

9 the Department of Homeland Security, does not apply to 

10 the extent that any such employees are responsible for im11 plementing the provisions of this Act. 

12 SEC. 212. MARITIME AND SURFACE TRANSPORTATION SE13 CURITY USER FEE STUDY. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity shall conduct a study of the need for, and feasibility 

16 of, establishing a system of maritime and surface transpor17 tation-related user fees that may be imposed and collected 

18 as a dedicated revenue source, on a temporary or con19 tinuing basis, to provide necessary funding for legitimate 

20 improvements to, and maintenance of, maritime and sur21 face transportation security. In developing the study, the 

22 Secretary shall consult with maritime and surface trans23 portation carriers, shippers, passengers, facility owners and 

24 operators, and other persons as determined by the Sec25 retary. Not later than 1 year after the date of the enactment 

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1 of this Act, the Secretary shall submit a report to the appro2 priate congressional committees that contains— 

3 (1) the results of the study; 

4 (2) an assessment of the annual sources of fund5 ing collected through maritime and surface transpor6 tation at ports of entry and a detailed description of 

7 the distribution and use of such funds, including the 

8 amount and percentage of such sources that are dedi9 cated to improve and maintain security; 

10 (3)(A) an assessment of the fees, charges, and 

11 standards imposed on United States ports, port ter12 minal operators, shippers, carriers, and other persons 

13 who use United States ports of entry compared with 

14 the fees and charges imposed on Canadian and Mexi15 can ports, Canadian and Mexican port terminal op16 erators, shippers, carriers, and other persons who use 

17 Canadian or Mexican ports of entry; and 

18 (B) an assessment of the impact of such fees, 

19 charges, and standards on the competitiveness of 

20 United States ports, port terminal operators, rail21 roads, motor carriers, pipelines, other transportation 

22 modes, and shippers; 

23 (4) an assessment of private efforts and invest24 ments to secure maritime and surface transportation 

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1 modes, including those that are operational and those 

2 that are planned; and 

3 (5) the Secretary’s recommendations based upon 

4 the study, and an assessment of the consistency of 

5 such recommendations with the international obliga6 tions and commitments of the United States. 

7 (b) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional commit10 tees’’ has the meaning given that term by section 2(1) 

11 of the SAFE Port Act (6 U.S.C. 901(1)). 

12 (2) PORT OF ENTRY.—The term ‘‘port of entry’’ 

13 means any port or other facility through which for14 eign goods are permitted to enter the customs terri15 tory of a country under official supervision. 

16 (3) MARITIME AND SURFACE TRANSPOR17 TATION.—The term ‘‘maritime and surface transpor18 tation’’ includes oceanborne, rail, and vehicular 

19 transportation. 

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Calendar No. 26 

110TH CONGRESS 

1ST SESSION S. 184 

A BILL 

To provide improved rail and surface transportation 

security. 

FEBRUARY 15, 2007 

Reported with an amendment 

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