II 

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, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to 

the Committee on Commerce, Science, and Transportation 

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’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


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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. 

1 TITLE I—IMPROVED RAIL 

2 SECURITY 

3 SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESS4 MENT. 

5 (a) IN GENERAL.— 

6 (1) VULNERABILITY AND RISK ASSESSMENT.— 

7 The Secretary of Homeland Security shall establish 

8 a task force, including the Transportation Security 

9 Administration, the Department of Transportation, 

10 and other appropriate agencies, to complete a vul11 nerability and risk assessment of freight and pas12 senger rail transportation (encompassing railroads, 


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

2 49, United States Code). The assessment shall in3 clude— 

4 (A) a methodology for conducting the risk 

5 assessment, including timelines, that addresses 

6 how the Department of Homeland Security will 

7 work with the entities describe in subsection (b) 

8 and make use of existing Federal expertise 

9 within the Department of Homeland Security, 

10 the Department of Transportation, and other 

11 appropriate agencies; 

12 (B) identification and evaluation of critical 

13 assets and infrastructures; 

14 (C) identification of vulnerabilities and 

15 risks to those assets and infrastructures; 

16 (D) identification of vulnerabilities and 

17 risks that are specific to the transportation of 

18 hazardous materials via railroad; 

19 (E) identification of security weaknesses in 

20 passenger and cargo security, transportation in21 frastructure, protection systems, procedural 

22 policies, communications systems, employee 

23 training, emergency response planning, and any 

24 other area identified by the assessment; and 


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

2 both public and private entities to address identified 

3 rail security issues and assess the effective integra4 tion of such actions. 

5 (2) RECOMMENDATIONS.—Based on the assess6 ment conducted under paragraph (1), the Secretary, 

7 in consultation with the Secretary of Transportation, 

8 shall develop prioritized recommendations for im9 proving rail security, including any recommendations 

10 the Secretary has for— 

11 (A) improving the security of rail tunnels, 

12 rail bridges, rail switching and car storage 

13 areas, other rail infrastructure and facilities, in14 formation systems, and other areas identified 

15 by the Secretary as posing significant rail-re16 lated risks to public safety and the movement 

17 of interstate commerce, taking into account the 

18 impact that any proposed security measure 

19 might have on the provision of rail service; 

20 (B) deploying equipment to detect explo21 sives and hazardous chemical, biological, and 

22 radioactive substances, and any appropriate 

23 countermeasures; 


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1 (C) training appropriate railroad or rail2 road shipper employees in terrorism prevention, 

3 passenger evacuation, and response activities; 

4 (D) conducting public outreach campaigns 

5 on passenger railroads; 

6 (E) deploying surveillance equipment; and 

7 (F) identifying the immediate and long8 term costs of measures that may be required to 

9 address those risks. 

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

11 (c) shall include— 

12 (A) a plan, developed in consultation with 

13 the freight and intercity passenger railroads, 

14 and State and local governments, for the Fed15 eral government to provide increased security 

16 support at high or severe threat levels of alert; 

17 (B) a plan for coordinating existing and 

18 planned rail security initiatives undertaken by 

19 the public and private sectors; and 

20 (C) a contingency plan, developed in con21 junction with freight and intercity and com22 muter passenger railroads, to ensure the contin23 ued movement of freight and passengers in the 

24 event of an attack affecting the railroad system, 

25 which shall contemplate— 


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1 (i) the possibility of rerouting traffic 

2 due to the loss of critical infrastructure, 

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

4 and 

5 (ii) methods of continuing railroad 

6 service in the Northeast Corridor in the 

7 event of a commercial power loss, or catas8 trophe affecting a critical bridge, tunnel, 

9 yard, or station. 

10 (b) CONSULTATION; USE OF EXISTING RE11 SOURCES.—In carrying out the assessment and developing 

12 the recommendations and plans required by subsection 

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

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

15 used to transport hazardous materials, first responders, 

16 shippers of hazardous materials, public safety officials, 

17 and other relevant parties. 

18 (c) REPORT.— 

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

20 date of enactment of this Act, the Secretary shall 

21 transmit to the Senate Committee on Commerce, 

22 Science, and Transportation, the House of Rep23 resentatives Committee on Transportation and In24 frastructure, and the House of Representatives Com25 mittee on Homeland Security a report containing the 


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1 assessment, prioritized recommendations, and plans 

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

3 cost to implement such recommendations. 

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

5 report in both classified and redacted formats if the 

6 Secretary determines that such action is appropriate 

7 or necessary. 

8 (d) ANNUAL UPDATES.—The Secretary, in consulta9 tion with the Secretary of Transportation, shall update the 

10 assessment and recommendations each year and transmit 

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

12 redacted formats, to the Committees named in subsection 

13 (c)(1), containing the updated assessment and rec14 ommendations. 

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

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

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

18 available to the Secretary of Homeland Security to carry 

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

20 SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

21 (a) IN GENERAL.—Subject to subsection (c) the Sec22 retary of Homeland Security, in consultation with the As23 sistant Secretary of Homeland Security (Transportation 

24 Security Administration), is authorized to make grants to 

25 Amtrak— 


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1 (1) to secure major tunnel access points and en2 sure tunnel integrity in New York, Baltimore, and 

3 Washington, DC; 

4 (2) to secure Amtrak trains; 

5 (3) to secure Amtrak stations; 

6 (4) to obtain a watch list identification system 

7 approved by the Secretary; 

8 (5) to obtain train tracking and interoperable 

9 communications systems that are coordinated to the 

10 maximum extent possible; 

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

13 (7) to expand emergency preparedness efforts; 

14 and 

15 (8) for employee security training. 

16 (b) CONDITIONS.—The Secretary of Transportation 

17 shall disburse funds to Amtrak provided under subsection 

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

19 approved by the Secretary of Homeland Security. The 

20 plan shall include appropriate measures to address secu21 rity awareness, emergency response, and passenger evacu22 ation training. 

23 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The 

24 Secretary shall ensure that, subject to meeting the highest 

25 security needs on Amtrak’s entire system and consistent 


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1 with the risk assessment required under section 101, sta2 tions and facilities located outside of the Northeast Cor3 ridor receive an equitable share of the security funds au4 thorized by this section. 

5 (d) AVAILABILITY OF FUNDS.—Out of funds appro6 priated pursuant to section 114(u) of title 49, United 

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

8 shall be made available to the Secretary of Homeland Se9 curity and the Assistant Secretary of Homeland Security 

10 (Transportation Security Administration) to carry out this 

11 section— 

12 (1) $63,500,000 for fiscal year 2008; 

13 (2) $30,000,000 for fiscal year 2009; and 

14 (3) $30,000,000 for fiscal year 2010. 

15 Amounts appropriated pursuant to this subsection shall 

16 remain available until expended. 

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

18 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans19 portation, in consultation with the Secretary of Homeland 

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

21 purpose of making fire and life-safety improvements to 

22 Amtrak tunnels on the Northeast Corridor in New York, 

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

24 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of 

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


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1 there shall be made available to the Secretary of Transpor2 tation for the purposes of carrying out subsection (a) the 

3 following amounts: 

4 (1) For the 6 New York tunnels to provide ven5 tilation, electrical, and fire safety technology up6 grades, emergency communication and lighting sys7 tems, and emergency access and egress for pas8 sengers— 

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

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

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

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

13 (2) For the Baltimore & Potomac tunnel and 

14 the Union tunnel, together, to provide adequate 

15 drainage, ventilation, communication, lighting, and 

16 passenger egress upgrades— 

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

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

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

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

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

22 tunnels to improve ventilation, communication, light23 ing, and passenger egress upgrades— 

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

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


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

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

3 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap4 propriated pursuant to section 116(b) of this Act, there 

5 shall be made available to the Secretary of Transportation 

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

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

8 augment the capacity of the existing Baltimore tunnels. 

9 (d) AVAILABILITY OF APPROPRIATED FUNDS.— 

10 Amounts made available pursuant to this section shall re11 main available until expended. 

12 (e) PLANS REQUIRED.—The Secretary of Transpor13 tation may not make amounts available to Amtrak for ob14 ligation or expenditure under subsection (a)— 

15 (1) until Amtrak has submitted to the Sec16 retary, and the Secretary has approved, an engineer17 ing and financial plan for such projects; and 

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

19 this section, the Secretary has approved a project 

20 management plan prepared by Amtrak addressing 

21 appropriate project budget, construction schedule, 

22 recipient staff organization, document control and 

23 record keeping, change order procedure, quality con24 trol and assurance, periodic plan updates, and peri25 odic status reports. 


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1 (f) REVIEW OF PLANS.—The Secretary of Transpor2 tation shall complete the review of the plans required by 

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

4 disapprove the plans within 45 days after the date on 

5 which each such plan is submitted by Amtrak. If the Sec6 retary determines that a plan is incomplete or deficient, 

7 the Secretary shall notify Amtrak of the incomplete items 

8 or deficiencies and Amtrak shall, within 30 days after re9 ceiving the Secretary’s notification, submit a modified 

10 plan for the Secretary’s review. Within 15 days after re11 ceiving additional information on items previously included 

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

13 included in a modified plan, the Secretary shall either ap14 prove the modified plan, or, if the Secretary finds the plan 

15 is still incomplete or deficient, the Secretary shall identify 

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

17 and Transportation, the House of Representatives Com18 mittee on Transportation and Infrastructure, and the 

19 House of Representatives Committee on Homeland Secu20 rity the portions of the plan the Secretary finds incomplete 

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

22 the funds associated with those other portions, and exe23 cute an agreement with Amtrak within 15 days thereafter 

24 on a process for resolving the remaining portions of the 

25 plan. 


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1 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN2 NEL USERS.—The Secretary shall, taking into account the 

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

4 projects described in subsection (a)— 

5 (1) consider the extent to which rail carriers 

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

7 (2) consider the feasibility of seeking a financial 

8 contribution from those other rail carriers toward 

9 the costs of the projects; and 

10 (3) obtain financial contributions or commit11 ments from such other rail carriers at levels reflect12 ing the extent of their use or planned use of the tun13 nels, if feasible. 

14 SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY UP15 GRADES. 

16 (a) SECURITY IMPROVEMENT GRANTS.—The Sec17 retary of Homeland Security, through the Assistant Sec18 retary of Homeland Security (Transportation Security Ad19 ministration) and other appropriate agencies, is author20 ized to make grants to freight railroads, the Alaska Rail21 road, hazardous materials shippers, owners of rail cars 

22 used in the transportation of hazardous materials, univer23 sities, colleges and research centers, State and local gov24 ernments (for rail passenger facilities and infrastructure 

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


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1 Transportation, to Amtrak, for full or partial reimburse2 ment of costs incurred in the conduct of activities to pre3 vent or respond to acts of terrorism, sabotage, or other 

4 intercity passenger rail and freight rail security 

5 vulnerabilities and risks identified under section 101, in6 cluding— 

7 (1) security and redundancy for critical commu8 nications, computer, and train control systems essen9 tial for secure rail operations; 

10 (2) accommodation of rail cargo or passenger 

11 screening equipment at the United States-Mexico 

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

13 ports of entry; 

14 (3) the security of hazardous material transpor15 tation by rail; 

16 (4) secure intercity passenger rail stations, 

17 trains, and infrastructure; 

18 (5) structural modification or replacement of 

19 rail cars transporting high hazard materials to im20 prove their resistance to acts of terrorism; 

21 (6) employee security awareness, preparedness, 

22 passenger evacuation, and emergency response train23 ing; 

24 (7) public security awareness campaigns for 

25 passenger train operations; 


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1 (8) the sharing of intelligence and information 

2 about security threats; 

3 (9) to obtain train tracking and interoperable 

4 communications systems that are coordinated to the 

5 maximum extent possible; 

6 (10) to hire additional police and security offi7 cers, including canine units; and 

8 (11) other improvements recommended by the 

9 report required by section 101, including infrastruc10 ture, facilities, and equipment upgrades. 

11 (b) ACCOUNTABILITY.—The Secretary shall adopt 

12 necessary procedures, including audits, to ensure that 

13 grants made under this section are expended in accord14 ance with the purposes of this title and the priorities and 

15 other criteria developed by the Secretary. 

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

17 funds authorized by this section based on risk and vulner18 ability as determined under section 101, and shall encour19 age non-Federal financial participation in awarding 

20 grants. With respect to grants for intercity passenger rail 

21 security, the Secretary shall also take into account pas22 senger volume and whether a station is used by commuter 

23 rail passengers as well as intercity rail passengers. 

24 (d) CONDITIONS.—The Secretary of Transportation 

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


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1 unless Amtrak meets the conditions set forth in section 

2 102(b) of this Act. 

3 (e) ALLOCATION BETWEEN RAILROADS AND OTH4 ERS.—Unless as a result of the assessment required by 

5 section 101 the Secretary of Homeland Security deter6 mines that critical rail transportation security needs re7 quire reimbursement in greater amounts to any eligible 

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

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

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

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

12 (a). 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—Out of 

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

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

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

17 Homeland Security to carry out this section— 

18 (1) $100,000,000 for fiscal year 2008; 

19 (2) $100,000,000 for fiscal year 2009; and 

20 (3) $100,000,000 for fiscal year 2010. 

21 Amounts made available pursuant to this subsection shall 

22 remain available until expended. 

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

24 section, the term ‘‘high hazard materials’’ means quan25 tities of poison inhalation hazard materials, Class 2.3 


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1 gases, Class 6.1 materials, and anhydrous ammonia that 

2 the Secretary, in consultation with the Secretary of Trans3 portation, determines pose a security risk. 

4 SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT. 

5 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP6 MENT PROGRAM.—The Secretary of Homeland Security, 

7 through the Under Secretary for Science and Technology 

8 and the Assistant Secretary of Homeland Security (Trans9 portation Security Administration), in consultation with 

10 the Secretary of Transportation shall carry out a research 

11 and development program for the purpose of improving 

12 freight and intercity passenger rail security that may in13 clude research and development projects to— 

14 (1) reduce the vulnerability of passenger trains, 

15 stations, and equipment to explosives and hazardous 

16 chemical, biological, and radioactive substances; 

17 (2) test new emergency response techniques and 

18 technologies; 

19 (3) develop improved freight technologies, in20 cluding— 

21 (A) technologies for sealing rail cars; 

22 (B) automatic inspection of rail cars; 

23 (C) communication-based train controls; 

24 and 

25 (D) emergency response training; 


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1 (4) test wayside detectors that can detect tam2 pering with railroad equipment; 

3 (5) support enhanced security for the transpor4 tation of hazardous materials by rail, including— 

5 (A) technologies to detect a breach in a 

6 tank car or other rail car used to transport haz7 ardous materials and transmit information 

8 about the integrity of cars to the train crew or 

9 dispatcher; 

10 (B) research to improve tank car integrity, 

11 with a focus on tank cars that carry high haz12 ard materials (as defined in section 104(g) of 

13 this Act); and 

14 (C) techniques to transfer hazardous mate15 rials from rail cars that are damaged or other16 wise represent an unreasonable risk to human 

17 life or public safety; and 

18 (6) other projects that address vulnerabilities 

19 and risks identified under section 101. 

20 (b) COORDINATION WITH OTHER RESEARCH INITIA21 TIVES.—The Secretary of Homeland Security shall ensure 

22 that the research and development program authorized by 

23 this section is coordinated with other research and devel24 opment initiatives at the Department of Homeland Secu25 rity and the Department of Transportation. The Secretary 


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1 shall carry out any research and development project au2 thorized by this section through a reimbursable agreement 

3 with the Secretary of Transportation, if the Secretary of 

4 Transportation— 

5 (1) is already sponsoring a research and devel6 opment project in a similar area; or 

7 (2) has a unique facility or capability that 

8 would be useful in carrying out the project. 

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

10 the research and development program, the Secretary may 

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

12 and shall adopt necessary procedures, including audits, to 

13 ensure that grants made under this section are expended 

14 in accordance with the purposes of this title and the prior15 ities and other criteria developed by the Secretary. 

16 (d) AUTHORIZATION OF APPROPRIATIONS.—Out of 

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

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

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

20 Homeland Security to carry out this section— 

21 (1) $33,000,000 for fiscal year 2008; 

22 (2) $33,000,000 for fiscal year 2009; and 

23 (3) $33,000,000 for fiscal year 2010. 

24 Amounts made available pursuant to this subsection shall 

25 remain available until expended. 


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1 SEC. 106. OVERSIGHT AND GRANT PROCEDURES. 

2 (a) SECRETARIAL OVERSIGHT.—The Secretary of 

3 Homeland Security may use up to 0.5 percent of amounts 

4 made available for capital projects under this Act to enter 

5 into contracts for the review of proposed capital projects 

6 and related program management plans and to oversee 

7 construction of such projects. 

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

9 amounts available under subsection (a) of this subsection 

10 to make contracts to audit and review the safety, procure11 ment, management, and financial compliance of a recipi12 ent of amounts under this title. 

13 (c) PROCEDURES FOR GRANT AWARD.—The Sec14 retary shall, within 90 days after the date of enactment 

15 of this Act, prescribe procedures and schedules for the 

16 awarding of grants under this title, including application 

17 and qualification procedures (including a requirement that 

18 the applicant have a security plan), and a record of deci19 sion on applicant eligibility. The procedures shall include 

20 the execution of a grant agreement between the grant re21 cipient and the Secretary and shall be consistent, to the 

22 extent practicable, with the grant procedures established 

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


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1 SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PAS2 SENGERS INVOLVED IN RAIL PASSENGER AC3 CIDENTS. 

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

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 24316. Plans to address needs of families of pas8 sengers involved in rail passenger acci9 dents 

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

11 months after the date of the enactment of the Surface 

12 Transportation and Rail Security Act of 2007, Amtrak 

13 shall submit to the Chairman of the National Transpor14 tation Safety Board, the Secretary of Transportation, and 

15 the Secretary of Homeland Security a plan for addressing 

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

17 passenger accident involving an Amtrak intercity train 

18 and resulting in a loss of life. 

19 ‘‘(b) CONTENTS OF PLANS.—The plan to be sub20 mitted by Amtrak under subsection (a) shall include, at 

21 a minimum, the following: 

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

23 and provide to the National Transportation Safety 

24 Board and the Secretary of Transportation, imme25 diately upon request, a list (which is based on the 

26 best available information at the time of the request) 


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1 of the names of the passengers aboard the train 

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

3 will periodically update the list. The plan shall in4 clude a procedure, with respect to unreserved trains 

5 and passengers not holding reservations on other 

6 trains, for Amtrak to use reasonable efforts to ascer7 tain the number and names of passengers aboard a 

8 train involved in an accident. 

9 ‘‘(2) A plan for creating and publicizing a reli10 able, toll-free telephone number within 4 hours after 

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

12 handle calls from the families of the passengers. 

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

14 passengers, before providing any public notice of the 

15 names of the passengers, by suitably trained individ16 uals. 

17 ‘‘(4) A process for providing the notice de18 scribed in paragraph (2) to the family of a pas19 senger as soon as Amtrak has verified that the pas20 senger was aboard the train (whether or not the 

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

22 ‘‘(5) A process by which the family of each pas23 senger will be consulted about the disposition of all 

24 remains and personal effects of the passenger within 

25 Amtrak’s control; that any possession of the pasVerDate Aug 31 2005 01:50 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S184.IS S184

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1 senger within Amtrak’s control will be returned to 

2 the family unless the possession is needed for the ac3 cident investigation or any criminal investigation; 

4 and that any unclaimed possession of a passenger 

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

6 passenger carrier for at least 18 months. 

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

8 families of nonrevenue passengers will be the same 

9 as the treatment of the families of revenue pas10 sengers. 

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

12 adequate training to its employees and agents to 

13 meet the needs of survivors and family members fol14 lowing an accident. 

15 ‘‘(c) USE OF INFORMATION.—The National Trans16 portation Safety Board, the Secretary of Transportation, 

17 and Amtrak may not release any personal information on 

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

19 information on the list about a passenger to the family 

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

21 considers appropriate. 

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

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

24 or State court arising out of the performance of Amtrak 

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


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1 information concerning a train reservation, pursuant to a 

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

3 such liability was caused by Amtrak’s conduct. 

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

5 Nothing in this section may be construed as limiting the 

6 actions that Amtrak may take, or the obligations that Am7 trak may have, in providing assistance to the families of 

8 passengers involved in a rail passenger accident. 

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

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

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

12 Secretary of Transportation for the use of Amtrak 

13 $500,000 for fiscal year 2007 to carry out this section. 

14 Amounts made available pursuant to this subsection shall 

15 remain available until expended.’’. 

16 (b) CONFORMING AMENDMENT.—The chapter anal17 ysis for chapter 243 of title 49, United States Code, is 

18 amended by adding at the end the following: 

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

19 SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT. 

20 Within 180 days after the date of enactment of this 

21 Act, the Secretary of Homeland Security, in consultation 

22 with the Assistant Secretary of Homeland Security 

23 (Transportation Security Administration), the Secretary 

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1 partments, and agencies and the National Railroad Pas2 senger Corporation, shall transmit a report to the Senate 

3 Committee on Commerce, Science, and Transportation, 

4 the House of Representatives Committee on Transpor5 tation and Infrastructure, and the House of Representa6 tives Committee on Homeland Security that contains— 

7 (1) a description of the current system for 

8 screening passengers and baggage on passenger rail 

9 service between the United States and Canada; 

10 (2) an assessment of the current program to 

11 provide preclearance of airline passengers between 

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

13 Agreement on Air Transport Preclearance between 

14 the Government of Canada and the Government of 

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

16 2001; 

17 (3) an assessment of the current program to 

18 provide preclearance of freight railroad traffic be19 tween the United States and Canada as outlined in 

20 the ‘‘Declaration of Principle for the Improved Secu21 rity of Rail Shipments by Canadian National Rail22 way and Canadian Pacific Railway from Canada to 

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

24 (4) information on progress by the Department 

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1 wards finalizing a bilateral protocol with Canada 

2 that would provide for preclearance of passengers on 

3 trains operating between the United States and Can4 ada; 

5 (5) a description of legislative, regulatory, 

6 budgetary, or policy barriers within the United 

7 States Government to providing pre-screened pas8 senger lists for rail passengers traveling between the 

9 United States and Canada to the Department of 

10 Homeland Security; 

11 (6) a description of the position of the Govern12 ment of Canada and relevant Canadian agencies 

13 with respect to preclearance of such passengers; 

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

15 law necessary to provide for pre-screening of such 

16 passengers and providing pre-screened passenger 

17 lists to the Department of Homeland Security; and 

18 (8) an analysis of the feasibility of reinstating 

19 in-transit inspections onboard international Amtrak 

20 trains. 

21 SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM. 

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

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

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1 rorism experts, representatives of railroad carriers, and 

2 nonprofit employee organizations that represent rail work3 ers, shall develop and issue detailed guidance for a rail 

4 worker security training program to prepare front-line 

5 workers for potential threat conditions. The guidance shall 

6 take into consideration any current security training re7 quirements or best practices. 

8 (b) PROGRAM ELEMENTS.—The guidance developed 

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

10 to passenger and freight rail service, that address the fol11 lowing: 

12 (1) Determination of the seriousness of any oc13 currence. 

14 (2) Crew communication and coordination. 

15 (3) Appropriate responses to defend or protect 

16 oneself. 

17 (4) Use of protective devices. 

18 (5) Evacuation procedures. 

19 (6) Psychology of terrorists to cope with hi20 jacker behavior and passenger responses. 

21 (7) Situational training exercises regarding var22 ious threat conditions. 

23 (8) Any other subject the Secretary considers 

24 appropriate. 


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

2 90 days after the Secretary of Homeland Security issues 

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

4 carrier shall develop a rail worker security training pro5 gram in accordance with that guidance and submit it to 

6 the Secretary for review. Not later than 30 days after re7 ceiving a railroad carrier’s program under this subsection, 

8 the Secretary shall review the program and transmit com9 ments to the railroad carrier concerning any revisions the 

10 Secretary considers necessary for the program to meet the 

11 guidance requirements. A railroad carrier shall respond to 

12 the Secretary’s comments within 30 days after receiving 

13 them. 

14 (d) TRAINING.—Not later than 1 year after the Sec15 retary reviews the training program developed by a rail16 road carrier under this section, the railroad carrier shall 

17 complete the training of all front-line workers in accord18 ance with that program. The Secretary shall review imple19 mentation of the training program of a representative 

20 sample of railroad carriers and report to the Senate Com21 mittee on Commerce, Science, and Transportation, the 

22 House of Representatives Committee on Transportation 

23 and Infrastructure, and the House of Representatives 

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1 mit the report in both classified and redacted formats as 

2 necessary. 

3 (e) UPDATES.—The Secretary shall update the train4 ing guidance issued under subsection (a) as appropriate 

5 to reflect new or different security threats. Railroad car6 riers shall revise their programs accordingly and provide 

7 additional training to their front-line workers within a rea8 sonable time after the guidance is updated. 

9 (f) FRONT-LINE WORKERS DEFINED.—In this sec10 tion, the term ‘‘front-line workers’’ means security per11 sonnel, dispatchers, train operators, other onboard em12 ployees, maintenance and maintenance support personnel, 

13 bridge tenders, as well as other appropriate employees of 

14 railroad carriers, as defined by the Secretary. 

15 (g) OTHER EMPLOYEES.—The Secretary of Home16 land Security shall issue guidance and best practices for 

17 a rail shipper employee security program containing the 

18 elements listed under subsection (b) as appropriate. 

19 SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM. 

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

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

22 section 20117 the following: 


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1 ‘‘§ 20118. Whistleblower protection for rail security 

2 matters 

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

4 carrier engaged in interstate or foreign commerce may dis5 charge a railroad employee or otherwise discriminate 

6 against a railroad employee because the employee (or any 

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

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

9 about to provide or cause to be provided, to the em10 ployer or the Federal Government information relat11 ing to a reasonably perceived threat, in good faith, 

12 to security; or 

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

14 about to provide or cause to be provided, testimony 

15 before Congress or at any Federal or State pro16 ceeding regarding a reasonably perceived threat, in 

17 good faith, to security; or 

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

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

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

21 or claim arising under this section is subject to resolution 

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

23 In a proceeding by the National Railroad Adjustment 

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

25 board of adjustment established under section 3 to resolve 

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


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1 expedited and the dispute, grievance, or claim shall be re2 solved not later than 180 days after it is filed. If the viola3 tion is a form of discrimination that does not involve dis4 charge, suspension, or another action affecting pay, and 

5 no other remedy is available under this subsection, the 

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

7 may award the employee reasonable damages, including 

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

9 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro10 vided in subsection (b), the procedure set forth in section 

11 42121(b)(2)(B) of this subtitle, including the burdens of 

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

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

14 railroad carrier may not seek protection under both this 

15 section and another provision of law for the same allegedly 

16 unlawful act of the carrier. 

17 ‘‘(e) DISCLOSURE OF IDENTITY.— 

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

19 this subsection, or with the written consent of the 

20 employee, the Secretary of Transportation may not 

21 disclose the name of an employee of a railroad car22 rier who has provided information about an alleged 

23 violation of this section. 

24 ‘‘(2) The Secretary shall disclose to the Attor25 ney General the name of an employee described in 


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1 paragraph (1) of this subsection if the matter is re2 ferred to the Attorney General for enforcement.’’. 

3 (b) CONFORMING AMENDMENT.—The chapter anal4 ysis for chapter 201 of title 49, United States Code, is 

5 amended by inserting after the item relating to section 

6 20117 the following: 

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

7 SEC. 111. HIGH HAZARD MATERIAL SECURITY THREAT 

8 MITIGATION PLANS. 

9 (a) IN GENERAL.—The Secretary of Homeland Secu10 rity, in consultation with the Assistant Secretary of Home11 land Security (Transportation Security Administration) 

12 and the Secretary of Transportation, shall require rail car13 riers transporting a high hazard material, as defined in 

14 section 104(g) of this Act to develop a high hazard mate15 rial security threat mitigation plan containing appropriate 

16 measures, including alternative routing and temporary 

17 shipment suspension options, to address assessed risks to 

18 high consequence targets. The plan, and any information 

19 submitted to the Secretary under this section shall be pro20 tected as sensitive security information under the regula21 tions prescribed under section 114(s) of title 49, United 

22 States Code. 

23 (b) IMPLEMENTATION.—A high hazard material se24 curity threat mitigation plan shall be put into effect by 

25 a rail carrier for the shipment of high hazardous materials 


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

2 levels of the Homeland Security Advisory System are high 

3 or severe and specific intelligence of probable or imminent 

4 threat exists towards— 

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

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

7 used to transport high hazardous material; or 

8 (2) rail infrastructure or operations within the 

9 immediate vicinity of a high-consequence target. 

10 (c) COMPLETION AND REVIEW OF PLANS.— 

11 (1) PLANS REQUIRED.—Each rail carrier 

12 shall— 

13 (A) submit a list of routes used to trans14 port high hazard materials to the Secretary of 

15 Homeland Security within 60 days after the 

16 date of enactment of this Act; 

17 (B) develop and submit a high hazard ma18 terial security threat mitigation plan to the Sec19 retary within 180 days after it receives the no20 tice of high consequence targets on such routes 

21 by the Secretary; and 

22 (C) submit any subsequent revisions to the 

23 plan to the Secretary within 30 days after mak24 ing the revisions. 


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

2 with assistance of the Secretary of Transportation, 

3 shall review the plans and transmit comments to the 

4 railroad carrier concerning any revisions the Sec5 retary considers necessary. A railroad carrier shall 

6 respond to the Secretary’s comments within 30 days 

7 after receiving them. Each rail carrier shall update 

8 and resubmit its plan for review not less than every 

9 2 years. 

10 (d) DEFINITIONS.—In this section: 

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

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

13 natural resource designated by the Secretary of 

14 Homeland Security that is viable terrorist target of 

15 national significance, the attack of which could re16 sult in— 

17 (A) catastrophic loss of life; and 

18 (B) significantly damaged national security 

19 and defense capabilities; or 

20 (C) national economic harm. 

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

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

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

24 materials in which the potential release or explosion 


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1 of the high hazard material being transported would 

2 likely cause— 

3 (A) loss of life; or 

4 (B) significant damage to property or 

5 structures. 

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

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

8 United States Code. 

9 SEC. 112. MEMORANDUM OF AGREEMENT. 

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

11 public transportation security annex between the two de12 partments signed on September 8, 2005, within 1 year 

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

14 Transportation and the Secretary of Homeland Security 

15 shall execute and develop an annex to the memorandum 

16 of agreement between the two departments signed on Sep17 tember 28, 2004, governing the specific roles, delineations 

18 of responsibilities, resources and commitments of the De19 partment of Transportation and the Department of Home20 land Security, respectively, in addressing railroad trans21 portation security matters, including the processes the de22 partments will follow to promote communications, effi23 ciency, and nonduplication of effort. 

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

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


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

2 including security,’’. 

3 SEC. 113. RAIL SECURITY ENHANCEMENTS. 

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

5 49, United States Code, is amended— 

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

7 ‘‘Under’’; and 

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

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

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

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

12 Transportation, in consultation with the Secretary of 

13 Homeland Security and the Assistant Secretary of Home14 land Security (Transportation Security Administration), 

15 shall review existing rail regulations of the Department 

16 of Transportation for the purpose of identifying areas in 

17 which those regulations need to be revised to improve rail 

18 security. 

19 SEC. 114. PUBLIC AWARENESS. 

20 Not later than 90 days after the date of enactment 

21 of this Act, the Secretary of Homeland Security, in con22 sultation with the Secretary of Transportation, shall de23 velop a national plan for public outreach and awareness. 

24 Such plan shall be designed to increase awareness of 

25 measures that the general public, railroad passengers, and 


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1 railroad employees can take to increase railroad system 

2 security. Such plan shall also provide outreach to railroad 

3 carriers and their employees to improve their awareness 

4 of available technologies, ongoing research and develop5 ment efforts, and available Federal funding sources to im6 prove railroad security. Not later than 9 months after the 

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

8 Security shall implement the plan developed under this 

9 section. 

10 SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING. 

11 (a) WIRELESS COMMUNICATIONS.— 

12 (1) IN GENERAL.—In conjunction with the re13 search and development program established under 

14 section 105 and consistent with the results of re15 search relating to wireless tracking technologies, the 

16 Secretary of Homeland Security, in consultation 

17 with the Assistant Secretary of Homeland Security 

18 (Transportation Security Administration), shall de19 velop a program that will encourage the equipping of 

20 rail cars transporting high hazard materials (as de21 fined in section 104(g) of this Act) with wireless ter22 restrial or satellite communications technology that 

23 provides— 

24 (A) car position location and tracking ca25 pabilities; 


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1 (B) notification of rail car depressuriza2 tion, breach, or unsafe temperature; and 

3 (C) notification of hazardous material re4 lease. 

5 (2) COORDINATION.—In developing the pro6 gram required by paragraph (1), the Secretary 

7 shall— 

8 (A) consult with the Secretary of Trans9 portation to coordinate the program with any 

10 ongoing or planned efforts for rail car tracking 

11 at the Department of Transportation; and 

12 (B) ensure that the program is consistent 

13 with recommendations and findings of the De14 partment of Homeland Security’s hazardous 

15 material tank rail car tracking pilot programs. 

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

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

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

19 available 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. 116. AUTHORIZATION OF APPROPRIATIONS. 

23 (a) TRANSPORTATION SECURITY ADMINISTRATION

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


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1 Code, is amended by adding at the end thereof the fol2 lowing: 

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

4 are authorized to be appropriated to the Secretary of 

5 Homeland Security for rail security— 

6 ‘‘(1) $228,000,000 for fiscal year 2008; 

7 ‘‘(2) $183,000,000 for fiscal year 2009; and 

8 ‘‘(3) $183,000,000 for fiscal year 2010.’’. 

9 (b) DEPARTMENT OF TRANSPORTATION.—There are 

10 authorized to be appropriated to the Secretary of Trans11 portation to carry out this title and sections 20118 and 

12 24316 of title 49, United States Code, as added by this 

13 Act— 

14 (1) $121,500,000 for fiscal year 2007; 

15 (2) $118,000,000 for fiscal year 2008; 

16 (3) $118,000,000 for fiscal year 2009; and 

17 (4) $195,000,000 for fiscal year 2011. 

18 TITLE II—IMPROVED MOTOR 

19 CARRIER, BUS, AND HAZ20 ARDOUS MATERIAL SECURITY 

21 SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING. 

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

23 the date of enactment of this Act, the Secretary of Trans24 portation, in consultation with the Secretary of Homeland 

25 Security, 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 

6 National Hazardous Materials Route Registry; 

7 (2) assess and characterize existing and pro8 posed routes for the transportation of radioactive 

9 and non-radioactive hazardous materials by motor 

10 carrier for the purpose of identifying measurable cri11 teria for selecting routes based on safety and secu12 rity concerns; 

13 (3) analyze current route-related hazardous ma14 terials regulations in the United States, Canada, and 

15 Mexico to identify cross-border differences and con16 flicting regulations; 

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

18 carriers, and State, local, territorial, and tribal gov19 ernments about the highway routing of hazardous 

20 materials for the purpose of identifying and miti21 gating security vulnerabilities associated with haz22 ardous material routes; 

23 (5) prepare guidance materials for State offi24 cials to assist them in identifying and reducing both 

25 safety concerns and security vulnerabilities when 


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1 designating highway routes for hazardous materials 

2 consistent with the 13 safety-based non-radioactive 

3 materials routing criteria and radioactive materials 

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

5 Code of Federal Regulations; 

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

7 to examine potential routes for the highway trans8 portation of hazardous material and assess specific 

9 security vulnerabilities associated with each route 

10 and explore alternative mitigation measures; and 

11 (7) transmit to the Senate Committee on Com12 merce, Science, and Transportation, and the House 

13 of Representatives Committee on Transportation 

14 and Infrastructure a report on the actions taken to 

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

16 and any recommended changes to the routing re17 quirements for the highway transportation of haz18 ardous materials in part 397 of title 49, Code of 

19 Federal Regulations. 

20 (b) ROUTE PLANS.— 

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

22 date of enactment of this Act, the Secretary of 

23 Transportation shall complete an assessment of the 

24 safety and national security benefits achieved under 

25 existing requirements for route plans, in written or 


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1 electronic format, for explosives and radioactive ma2 terials. The assessment shall, at a minimum— 

3 (A) compare the percentage of Department 

4 of Transportation recordable incidents and the 

5 severity of such incidents for shipments of ex6 plosives and radioactive materials for which 

7 such route plans are required with the percent8 age of recordable incidents and the severity of 

9 such incidents for shipments of explosives and 

10 radioactive materials not subject to such route 

11 plans; and 

12 (B) quantify the security and safety bene13 fits, feasibility, and costs of requiring each 

14 motor carrier that is required to have a haz15 ardous material safety permit under part 385 

16 of title 49, Code of Federal Regulations, to 

17 maintain, follow, and carry such a route plan 

18 that meets the requirements of section 397.101 

19 of that title when transporting the type and 

20 quantity of hazardous materials described in 

21 section 385.403 of that title, taking into ac22 count the various segments of the trucking in23 dustry, including tank truck, truckload and less 

24 than truckload carriers. 


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

2 enactment of this Act, the Secretary of Transpor3 tation shall submit a report to the Senate Com4 mittee on Commerce, Science, and Transportation, 

5 and the House of Representatives Committee on 

6 Transportation and Infrastructure containing the 

7 findings and conclusions of the assessment. 

8 (c) REQUIREMENT.—The Secretary shall require 

9 motor carriers that have a hazardous material safety per10 mit under part 385 of title 49, Code of Federal Regula11 tions, to maintain, follow, and carry a route plan, in writ12 ten or electronic format, that meets the requirements of 

13 section 397.101 of that title when transporting the type 

14 and quantity of hazardous materials described in section 

15 385.403 of that title if the Secretary determines, under 

16 the assessment required in subsection (b), that such a re17 quirement would enhance the security and safety of the 

18 nation without imposing unreasonable costs or burdens 

19 upon motor carriers. 

20 SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL 

21 TRACKING. 

22 (a) WIRELESS COMMUNICATIONS— 

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

24 of the Transportation Security Administration’s 

25 Hazmat Truck Security Pilot Program and within 6 


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

2 Secretary of Homeland Security, through the Trans3 portation Security Administration and in consulta4 tion with the Secretary of Transportation, shall de5 velop a program to encourage the equipping of 

6 motor carriers transporting high hazard materials in 

7 quantities equal to or greater than the quantities 

8 specified in subpart 171.800 of title 49, Code of 

9 Federal Regulations, with wireless communications 

10 technology that provides— 

11 (A) continuous communications; 

12 (B) vehicle position location and tracking 

13 capabilities; and 

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

15 vehicles to broadcast an emergency message. 

16 (2) CONSIDERATIONS.—In developing the pro17 gram required by paragraph (1), the Secretary 

18 shall— 

19 (A) consult with the Secretary of Trans20 portation to coordinate the program with any 

21 ongoing or planned efforts for motor carrier 

22 tracking at the Department of Transportation; 

23 (B) take into consideration the rec24 ommendations and findings of the report on the 

25 Hazardous Material Safety and Security OperVerDate Aug 31 2005 01:50 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S184.IS S184

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1 ation Field Test released by the Federal Motor 

2 Carrier Safety Administration on November 11, 

3 2004; 

4 (C) evaluate— 

5 (i) any new information related to the 

6 cost and benefits of deploying and utilizing 

7 truck tracking technology for motor car8 riers transporting high hazard materials 

9 not included in the Hazardous Material 

10 Safety and Security Operation Field Test 

11 Report released by the Federal Motor Car12 rier Safety Administration on November 

13 11, 2004; 

14 (ii) the ability of truck tracking tech15 nology to resist tampering and disabling; 

16 (iii) the capability of truck tracking 

17 technology to collect, display, and store in18 formation regarding the movements of 

19 shipments of high hazard materials by 

20 commercial motor vehicles; 

21 (iv) the appropriate range of contact 

22 intervals between the tracking technology 

23 and a commercial motor vehicle trans24 porting high hazard materials; and 


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1 (v) technology that allows the installa2 tion by a motor carrier of concealed elec3 tronic devices on commercial motor vehi4 cles that can be activated by law enforce5 ment authorities and alert emergency re6 sponse resources to locate and recover se7 curity sensitive material in the event of 

8 loss or theft of such material. 

9 (b) FUNDING.—There are authorized to be appro10 priated to the Secretary of Homeland Security to carry 

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

12 2009, and 2010. 

13 SEC. 203. HAZARDOUS MATERIALS SECURITY INSPECTIONS 

14 AND ENFORCEMENT. 

15 (a) IN GENERAL.—The Secretary of Homeland Secu16 rity shall establish a program within the Transportation 

17 Security Administration, in consultation with the Sec18 retary of Transportation, for reviewing hazardous mate19 rials security plans required under part 172, title 49, Code 

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

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

22 Secretary shall ensure that— 

23 (1) the program does not subject carriers to un24 necessarily duplicative reviews of their security plans 

25 by the 2 departments; and 


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

2 the security plans. 

3 (b) CIVIL PENALTY.—The failure, by a shipper, car4 rier, or other person subject to part 172 of title 49, Code 

5 of Federal Regulations, to comply with any applicable sec6 tion of that part within 180 days after being notified by 

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

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

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

10 day of noncompliance after the 181st day following the 

11 date on which the shipper, carrier, or other person re12 ceived notice of the failure shall constitute a separate fail13 ure. 

14 (c) COMPLIANCE REVIEW.—In reviewing the compli15 ance of hazardous materials shippers, carriers, or other 

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

17 Regulations, with the provisions of that part, the Sec18 retary shall utilize risk assessment methodologies to 

19 prioritize review and enforcement actions to the most vul20 nerable and critical hazardous materials transportation 

21 operations. 

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

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

24 Transportation, in conjunction with the Secretary of 

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1 ance, security, and safety costs borne by railroad carriers, 

2 motor carriers, pipeline carriers, air carriers, and mari3 time carriers associated with the transportation of haz4 ardous materials are reflected in the rates paid by shippers 

5 of such commodities as compared to the costs and rates 

6 respectively for the transportation of non-hazardous mate7 rials. 

8 (e) FUNDING.—There are authorized to be appro9 priated to the Secretary of Homeland Security to carry 

10 out this section— 

11 (1) $2,000,000 for fiscal year 2008; 

12 (2) $2,000,000 for fiscal year 2009; and 

13 (3) $2,000,000 for fiscal year 2010. 

14 SEC. 204. TRUCK SECURITY ASSESSMENT. 

15 Not later than 1 year after the date of enactment 

16 of this Act, the Secretary of Transportation shall transmit 

17 to the Senate Committee on Commerce, Science, and 

18 Transportation, Senate Committee on Finance, the House 

19 of Representatives Committee on Transportation and In20 frastructure, the House of Representatives Committee on 

21 Homeland Security, and the House of Representatives 

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

23 related to the trucking industry that includes— 


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1 (1) an assessment of actions already taken to 

2 address 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 

6 truck facilities may have on the trucking industry 

7 and its employees, including independent owner-op8 erators; 

9 (3) an assessment of ongoing research and the 

10 need for additional research on truck security; and 

11 (4) an assessment of industry best practices to 

12 enhance security. 

13 SEC. 205. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM. 

14 (a) DEVELOPMENT.—The Secretary of Homeland Se15 curity, in conjunction with the Secretary of Transpor16 tation, shall consider the development of a national public 

17 sector response system to receive security alerts, emer18 gency messages, and other information used to track the 

19 transportation of high hazard materials which can provide 

20 accurate, timely, and actionable information to appro21 priate first responder, law enforcement and public safety, 

22 and homeland security officials, as appropriate, regarding 

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

24 risks or incidents. In considering the development of this 

25 system, they shall consult with law enforcement and public 


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1 safety officials, hazardous material shippers, motor car2 riers, railroads, organizations representing hazardous ma3 terial employees, State transportation and hazardous ma4 terials officials, private for-profit and non-profit emer5 gency response organizations, and commercial motor vehi6 cle and hazardous material safety groups. Consideration 

7 of development of the national public sector response sys8 tem shall be based upon the public sector response center 

9 developed for the Transportation Security Administration 

10 hazardous material truck security pilot program and haz11 ardous material safety and security operational field test 

12 undertaken by the Federal Motor Carrier Safety Adminis13 tration. 

14 (b) CAPABILITY.—The national public sector re15 sponse system to be considered shall be able to receive, 

16 as appropriate— 

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 

22 response 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 sys2 tems or centers (including the National Response 

3 Center); and 

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

5 alert notification messages. 

6 (d) CARRIER PARTICIPATION.—The Secretary of 

7 Homeland Security shall coordinate with motor carriers 

8 and railroads transporting high hazard materials, entities 

9 acting on their behalf who receive communication alerts 

10 from motor carriers or railroads, or other Federal agencies 

11 that receive security and emergency related notification re12 garding high hazard materials in transit to facilitate the 

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

14 the national public sector response system to the extent 

15 possible if the system is established. 

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 sys2 tem and the estimated total public and private sector costs 

3 to establish and annually operate such a system, together 

4 with any recommendations for generating private sector 

5 participation and investment in the development and oper6 ation of such a system. 

7 (g) FUNDING.—There are authorized to be appro8 priated to the Secretary of Homeland Security to carry 

9 out this section— 

10 (1) $1,000,000 for fiscal year 2008; 

11 (2) $1,000,000 for fiscal year 2009; and 

12 (3) $1,000,000 for fiscal year 2010. 

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

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity shall establish a program within the Transportation 

16 Security Administration for making grants to private op17 erators of over-the-road buses or over-the-road bus ter18 minal operators for system-wide security improvements to 

19 their operations, including— 

20 (1) constructing and modifying terminals, ga21 rages, facilities, or over-the-road buses to assure 

22 their security; 

23 (2) protecting or isolating the driver; 

24 (3) acquiring, upgrading, installing, or oper25 ating equipment, software, or accessorial services for 


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1 collection, storage, or exchange of passenger and 

2 driver information through ticketing systems or oth3 erwise, and information links with government agen4 cies; 

5 (4) training employees in recognizing and re6 sponding to security threats, evacuation procedures, 

7 passenger screening procedures, and baggage inspec8 tion; 

9 (5) hiring and training security officers; 

10 (6) installing cameras and video surveillance 

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

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

13 (7) creating a program for employee identifica14 tion or background investigation; 

15 (8) establishing and upgrading an emergency 

16 communications system linking operational head17 quarters, over-the-road buses, law enforcement, and 

18 emergency personnel; and 

19 (9) implementing and operating passenger 

20 screening programs at terminals and on over-the21 road buses. 

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

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

24 80 percent. 


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

2 this section, the Secretary shall give due consideration to 

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

4 measures to enhance bus transportation security from 

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

6 prioritize grant funding based on the magnitude and se7 verity of the security threat to bus passengers and the 

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

9 threat. 

10 (d) GRANT REQUIREMENTS.—A grant under this sec11 tion shall be subject to all the terms and conditions that 

12 a grant is subject to under section 3038(f) of the Trans13 portation Equity Act for the 21st Century (49 U.S.C. 

14 5310 note; 112 Stat. 393). 

15 (e) PLAN REQUIREMENT.— 

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

17 make a grant under this section to a private oper18 ator of over-the-road buses until the operator has 

19 first submitted to the Secretary— 

20 (A) a plan for making security improve21 ments described in subsection (a) and the Sec22 retary has approved the plan; and 

23 (B) such additional information as the Sec24 retary may require to ensure accountability for 


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1 the obligation and expenditure of amounts 

2 made available to the operator under the grant. 

3 (2) COORDINATION.—To the extent that an ap4 plication for a grant under this section proposes se5 curity improvements within a specific terminal 

6 owned and operated by an entity other than the ap7 plicant, the applicant shall demonstrate to the satis8 faction of the Secretary that the applicant has co9 ordinated the security improvements for the terminal 

10 with that entity. 

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

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

13 by an elevated passenger deck located over a baggage com14 partment. 

15 (g) BUS SECURITY ASSESSMENT.— 

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

17 after the date of enactment of this Act, the Sec18 retary shall transmit to the Senate Committee on 

19 Commerce, Science, and Transportation, the House 

20 of Representatives Committee on Transportation 

21 and Infrastructure, and the House of Representa22 tives Committee on Homeland Security a prelimi23 nary report in accordance with the requirements of 

24 this section. 


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1 (2) CONTENTS OF PRELIMINARY REPORT.—The 

2 preliminary report shall include— 

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

4 security grant program; 

5 (B) an assessment of actions already taken 

6 to address identified security issues by both 

7 public and private entities and recommenda8 tions on whether additional safety and security 

9 enforcement actions are needed; 

10 (C) an assessment of whether additional 

11 legislation is needed to provide for the security 

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

13 (D) an assessment of the economic impact 

14 that security upgrades of buses and bus facili15 ties may have on the over-the-road bus trans16 portation industry and its employees; 

17 (E) an assessment of ongoing research and 

18 the need for additional research on over-the19 road bus security, including engine shut-off 

20 mechanisms, chemical and biological weapon de21 tection technology, and the feasibility of 

22 compartmentalization of the driver; and 

23 (F) an assessment of industry best prac24 tices to enhance security. 


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1 (3) CONSULTATION WITH INDUSTRY, LABOR, 

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

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

4 management and labor representatives, public safety 

5 and law enforcement officials, and the National 

6 Academy of Sciences. 

7 (h) FUNDING.—There are authorized to be appro8 priated to the Secretary of Homeland Security to carry 

9 out this section— 

10 (1) $12,000,000 for fiscal year 2008; 

11 (2) $25,000,000 for fiscal year 2009; and 

12 (3) $25,000,000 for fiscal year 2010. 

13 Amounts made available pursuant to this subsection shall 

14 remain available until expended. 

15 SEC. 207. PIPELINE SECURITY AND INCIDENT RECOVERY 

16 PLAN. 

17 (a) IN GENERAL.—The Secretary of Homeland Secu18 rity, in consultation with the Secretary of Transportation 

19 and the Pipeline and Hazardous Materials Safety Admin20 istration, and in accordance with the Memorandum of Un21 derstanding Annex executed on August 9, 2006, shall de22 velop a Pipeline Security and Incident Recovery Protocols 

23 Plan. The plan shall include— 

24 (1) a plan for the Federal Government to pro25 vide increased security support to the most critical 


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1 interstate and intrastate natural gas and hazardous 

2 liquid transmission pipeline infrastructure and oper3 ations as determined under section 208— 

4 (A) at high or severe security threat levels 

5 of alert; and 

6 (B) when specific security threat informa7 tion relating to such pipeline infrastructure or 

8 operations exists; and 

9 (2) an incident recovery protocol plan, devel10 oped in conjunction with interstate and intrastate 

11 transmission and distribution pipeline operators and 

12 terminals and facilities operators connected to pipe13 lines, to develop protocols to ensure the continued 

14 transportation of natural gas and hazardous liquids 

15 to essential markets and for essential public health 

16 or national defense uses in the event of an incident 

17 affecting the interstate and intrastate natural gas 

18 and hazardous liquid transmission and distribution 

19 pipeline system, which shall include protocols for 

20 granting access to pipeline operators for pipeline in21 frastructure repair, replacement or bypass following 

22 an incident. 

23 (b) EXISTING PRIVATE AND PUBLIC SECTOR EF24 FORTS.—The plan shall take into account actions taken 

25 or planned by both private and public entities to address 


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1 identified pipeline security issues and assess the effective 

2 integration of such actions. 

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

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

5 consult with the Secretary of Transportation, interstate 

6 and intrastate transmission and distribution pipeline oper7 ators, pipeline labor, first responders, shippers of haz8 ardous materials, State Departments of Transportation, 

9 public safety officials, and other relevant parties. 

10 (d) REPORT.— 

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

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

13 Homeland Security shall transmit to the Committee 

14 on Commerce, Science, and Transportation of the 

15 Senate, the Committee on Homeland Security of the 

16 House of Representatives, and the Committee on 

17 Transportation and Infrastructure of the House of 

18 Representatives a report containing the plan re19 quired by subsection (a), along with an estimate of 

20 the private and public sector costs to implement any 

21 recommendations. 

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

23 report in both classified and redacted formats if the 

24 Secretary determines that such action is appropriate 

25 or necessary. 


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1 SEC. 208. PIPELINE SECURITY INSPECTIONS AND EN2 FORCEMENT. 

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

4 enactment of this Act the Secretary of Homeland Security, 

5 in consultation with the Secretary of Transportation, shall 

6 establish a program for reviewing pipeline operator adop7 tion of recommendations in the September, 5, 2002, De8 partment of Transportation Research and Special Pro9 grams Administration Pipeline Security Information Cir10 cular, including the review of pipeline security plans and 

11 critical facility inspections. 

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

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

14 complete a review of the pipeline security plan and an in15 spection of the critical facilities of the 100 most critical 

16 pipeline operators covered by the September, 5, 2002, cir17 cular, where such facilities have not been inspected for se18 curity purposes since September 5, 2002, by either the 

19 Department of Homeland Security or the Department of 

20 Transportation, as determined by the Secretary in con21 sultation with the Secretary of Transportation. 

22 (c) COMPLIANCE REVIEW METHODOLOGY.—In re23 viewing pipeline operator compliance under subsections (a) 

24 and (b), the Secretary shall utilize risk assessment meth25 odologies to prioritize vulnerabilities and to target inspecVerDate Aug 31 2005 01:50 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\S184.IS S184

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1 tion and enforcement actions to the most vulnerable and 

2 critical pipeline assets. 

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

4 enactment of this Act, the Secretary shall transmit to 

5 pipeline operators and the Secretary of Transportation se6 curity recommendations for natural gas and hazardous liq7 uid pipelines and pipeline facilities. If the Secretary of 

8 Homeland Security determines that regulations are appro9 priate, the Secretary shall promulgate such regulations 

10 and carry out necessary inspection and enforcement ac11 tions. Any regulations should incorporate the guidance 

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

13 Department of Transportation Research and Special Pro14 grams Administration’s Pipeline Security Information Cir15 cular and contain additional requirements as necessary 

16 based upon the results of the inspections performed under 

17 subsection (b). The regulations shall include the imposi18 tion of civil penalties for non-compliance. 

19 (e) FUNDING.—There are authorized to be appro20 priated to the Secretary of Homeland Security to carry 

21 out this section— 

22 (1) $2,000,000 for fiscal year 2008; and 

23 (2) $2,000,000 for fiscal year 2009. 


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1 SEC. 209. TECHNICAL CORRECTIONS. 

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

3 United States Code, is amended— 

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

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

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

7 (2) by redesignating subsection (h) as sub8 section (i) and inserting the following after sub9 section (g): 

10 ‘‘(h) RELATIONSHIP TO TRANSPORTATION SECURITY

11 CARDS.—Upon application, a State shall issue to an indi12 vidual a license to operate a motor vehicle transporting 

13 in commerce a hazardous material without the security as14 sessment required by this section, provided the individual 

15 meets all other applicable requirements for such a license, 

16 if the Secretary of Homeland Security has previously de17 termined, under section 70105 of title 46, United States 

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

19 SEC. 210. CERTAIN PERSONNEL LIMITATIONS NOT TO 

20 APPLY. 

21 Any statutory limitation on the number of employees 

22 in the Transportation Security Administration of the De23 partment of Transportation, before or after its transfer 

24 to the Department of Homeland Security, does not apply 


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1 to the extent that any such employees are responsible for 

2 implementing the provisions of this Act. 

Æ 


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