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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Introduced in Senate (IS)]

  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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surface Transportation and Rail 
Security Act of 2007''.

SEC. 2. TABLE OF CONTENTS.

    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.D23/

                    TITLE I--IMPROVED RAIL SECURITY

SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Vulnerability and risk assessment.--The Secretary of 
        Homeland Security shall establish a task force, including the 
        Transportation Security Administration, the Department of 
        Transportation, and other appropriate agencies, to complete a 
        vulnerability and risk assessment of freight and passenger rail 
        transportation (encompassing railroads, as that term is defined 
        in section 20102(1) of title 49, United States Code). The 
        assessment shall include--
                    (A) a methodology for conducting the risk 
                assessment, including timelines, that addresses how the 
                Department of Homeland Security will work with the 
                entities describe in subsection (b) and make use of 
                existing Federal expertise within the Department of 
                Homeland Security, the Department of Transportation, 
                and other appropriate agencies;
                    (B) identification and evaluation of critical 
                assets and infrastructures;
                    (C) identification of vulnerabilities and risks to 
                those assets and infrastructures;
                    (D) identification of vulnerabilities and risks 
                that are specific to the transportation of hazardous 
                materials via railroad;
                    (E) identification of security weaknesses in 
                passenger and cargo security, transportation 
                infrastructure, protection systems, procedural 
                policies, communications systems, employee training, 
                emergency response planning, and any other area 
                identified by the assessment; and
            (F) an account of actions taken or planned by both public 
        and private entities to address identified rail security issues 
        and assess the effective integration of such actions.
            (2) Recommendations.--Based on the assessment conducted 
        under paragraph (1), the Secretary, in consultation with the 
        Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Secretary has for--
                    (A) improving the security of rail tunnels, rail 
                bridges, rail switching and car storage areas, other 
                rail infrastructure and facilities, information 
                systems, and other areas identified by the Secretary as 
                posing significant rail-related risks to public safety 
                and the movement of interstate commerce, taking into 
                account the impact that any proposed security measure 
                might have on the provision of rail service;
                    (B) deploying equipment to detect explosives and 
                hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (C) training appropriate railroad or railroad 
                shipper employees in terrorism prevention, passenger 
                evacuation, and response activities;
                    (D) conducting public outreach campaigns on 
                passenger railroads;
                    (E) deploying surveillance equipment; and
                    (F) identifying the immediate and long-term costs 
                of measures that may be required to address those 
                risks.
            (3) Plans.--The report required by subsection (c) shall 
        include--
                    (A) a plan, developed in consultation with the 
                freight and intercity passenger railroads, and State 
                and local governments, for the Federal government to 
                provide increased security support at high or severe 
                threat levels of alert;
                    (B) a plan for coordinating existing and planned 
                rail security initiatives undertaken by the public and 
                private sectors; and
                    (C) a contingency plan, developed in conjunction 
                with freight and intercity and commuter passenger 
                railroads, to ensure the continued movement of freight 
                and passengers in the event of an attack affecting the 
                railroad system, which shall contemplate--
                            (i) the possibility of rerouting traffic 
                        due to the loss of critical infrastructure, 
                        such as a bridge, tunnel, yard, or station; and
                            (ii) methods of continuing railroad service 
                        in the Northeast Corridor in the event of a 
                        commercial power loss, or catastrophe affecting 
                        a critical bridge, tunnel, yard, or station.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment and developing the recommendations and plans required by 
subsection (a), the Secretary of Homeland Security shall consult with 
rail management, rail labor, owners or lessors of rail cars used to 
transport hazardous materials, first responders, shippers of hazardous 
materials, public safety officials, and other relevant parties.
    (c) Report.--
            (1) Contents.--Within 180 days after the date of enactment 
        of this Act, the Secretary shall transmit to the Senate 
        Committee on Commerce, Science, and Transportation, the House 
        of Representatives Committee on Transportation and 
        Infrastructure, and the House of Representatives Committee on 
        Homeland Security a report containing the assessment, 
        prioritized recommendations, and plans required by subsection 
        (a) and an estimate of the cost to implement such 
        recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.
    (d) Annual Updates.--The Secretary, in consultation with the 
Secretary of Transportation, shall update the assessment and 
recommendations each year and transmit a report, which may be submitted 
in both classified and redacted formats, to the Committees named in 
subsection (c)(1), containing the updated assessment and 
recommendations.
    (e) Funding.--Out of funds appropriated pursuant to section 114(u) 
of title 49, United States Code, as amended by section 116 of this Act, 
there shall be made available to the Secretary of Homeland Security to 
carry out this section $5,000,000 for fiscal year 2008.

SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--Subject to subsection (c) the Secretary of 
Homeland Security, in consultation with the Assistant Secretary of 
Homeland Security (Transportation Security Administration), is 
authorized to make grants to Amtrak--
            (1) to secure major tunnel access points and ensure tunnel 
        integrity in New York, Baltimore, and Washington, DC;
            (2) to secure Amtrak trains;
            (3) to secure Amtrak stations;
            (4) to obtain a watch list identification system approved 
        by the Secretary;
            (5) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (6) to hire additional police and security officers, 
        including canine units;
            (7) to expand emergency preparedness efforts; and
            (8) for employee security training.
    (b) Conditions.--The Secretary of Transportation shall disburse 
funds to Amtrak provided under subsection (a) for projects contained in 
a systemwide security plan approved by the Secretary of Homeland 
Security. The plan shall include appropriate measures to address 
security awareness, emergency response, and passenger evacuation 
training.
    (c) Equitable Geographic Allocation.--The Secretary shall ensure 
that, subject to meeting the highest security needs on Amtrak's entire 
system and consistent with the risk assessment required under section 
101, stations and facilities located outside of the Northeast Corridor 
receive an equitable share of the security funds authorized by this 
section.
    (d) Availability of Funds.--Out of funds appropriated pursuant to 
section 114(u) of title 49, United States Code, as amended by section 
116 of this Act,, there shall be made available to the Secretary of 
Homeland Security and the Assistant Secretary of Homeland Security 
(Transportation Security Administration) to carry out this section--
            (1) $63,500,000 for fiscal year 2008;
            (2) $30,000,000 for fiscal year 2009; and
            (3) $30,000,000 for fiscal year 2010.
Amounts appropriated pursuant to this subsection shall remain available 
until expended.

SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--The Secretary of Transportation, in 
consultation with the Secretary of Homeland Security, is authorized to 
make grants to Amtrak for the purpose of making fire and life-safety 
improvements to Amtrak tunnels on the Northeast Corridor in New York, 
NY, Baltimore, MD, and Washington, DC.
    (b) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 116(b) of this Act, there shall be made available 
to the Secretary of Transportation for the purposes of carrying out 
subsection (a) the following amounts:
            (1) For the 6 New York tunnels to provide ventilation, 
        electrical, and fire safety technology upgrades, emergency 
        communication and lighting systems, and emergency access and 
        egress for passengers--
                    (A) $100,000,000 for fiscal year 2008;
                    (B) $100,000,000 for fiscal year 2009;
                    (C) $100,000,000 for fiscal year 2010; and
                    (D) $100,000,000 for fiscal year 2011.
            (2) For the Baltimore & Potomac tunnel and the Union 
        tunnel, together, to provide adequate drainage, ventilation, 
        communication, lighting, and passenger egress upgrades--
                    (A) $10,000,000 for fiscal year 2008;
                    (B) $10,000,000 for fiscal year 2009;
                    (C) $10,000,000 for fiscal year 2010; and
                    (D) $10,000,000 for fiscal year 2011.
            (3) For the Washington, DC, Union Station tunnels to 
        improve ventilation, communication, lighting, and passenger 
        egress upgrades--
                    (A) $8,000,000 for fiscal year 2008;
                    (B) $8,000,000 for fiscal year 2009;
                    (C) $8,000,000 for fiscal year 2010; and
                    (D) $8,000,000 for fiscal year 2011.
    (c) Infrastructure Upgrades.--Out of funds appropriated pursuant to 
section 116(b) of this Act, there shall be made available to the 
Secretary of Transportation for fiscal year 2008 $3,000,000 for the 
preliminary design of options for a new tunnel on a different alignment 
to augment the capacity of the existing Baltimore tunnels.
    (d) Availability of Appropriated Funds.--Amounts made available 
pursuant to this section shall remain available until expended.
    (e) Plans Required.--The Secretary of Transportation may not make 
amounts available to Amtrak for obligation or expenditure under 
subsection (a)--
            (1) until Amtrak has submitted to the Secretary, and the 
        Secretary has approved, an engineering and financial plan for 
        such projects; and
            (2) unless, for each project funded pursuant to this 
        section, the Secretary has approved a project management plan 
        prepared by Amtrak addressing appropriate project budget, 
        construction schedule, recipient staff organization, document 
        control and record keeping, change order procedure, quality 
        control and assurance, periodic plan updates, and periodic 
        status reports.
    (f) Review of Plans.--The Secretary of Transportation shall 
complete the review of the plans required by paragraphs (1) and (2) of 
subsection (e) and approve or disapprove the plans within 45 days after 
the date on which each such plan is submitted by Amtrak. If the 
Secretary determines that a plan is incomplete or deficient, the 
Secretary shall notify Amtrak of the incomplete items or deficiencies 
and Amtrak shall, within 30 days after receiving the Secretary's 
notification, submit a modified plan for the Secretary's review. Within 
15 days after receiving additional information on items previously 
included in the plan, and within 45 days after receiving items newly 
included in a modified plan, the Secretary shall either approve the 
modified plan, or, if the Secretary finds the plan is still incomplete 
or deficient, the Secretary shall identify in writing to the Senate 
Committee on Commerce, Science, and Transportation, the House of 
Representatives Committee on Transportation and Infrastructure, and the 
House of Representatives Committee on Homeland Security the portions of 
the plan the Secretary finds incomplete or deficient, approve all other 
portions of the plan, obligate the funds associated with those other 
portions, and execute an agreement with Amtrak within 15 days 
thereafter on a process for resolving the remaining portions of the 
plan.
    (g) Financial Contribution From Other Tunnel Users.--The Secretary 
shall, taking into account the need for the timely completion of all 
portions of the tunnel projects described in subsection (a)--
            (1) consider the extent to which rail carriers other than 
        Amtrak use or plan to use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other rail carriers toward the costs of 
        the projects; and
            (3) obtain financial contributions or commitments from such 
        other rail carriers at levels reflecting the extent of their 
        use or planned use of the tunnels, if feasible.

SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary of Homeland 
Security, through the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and other appropriate 
agencies, is authorized to make grants to freight railroads, the Alaska 
Railroad, hazardous materials shippers, owners of rail cars used in the 
transportation of hazardous materials, universities, colleges and 
research centers, State and local governments (for rail passenger 
facilities and infrastructure not owned by Amtrak), and, through the 
Secretary of Transportation, to Amtrak, for full or partial 
reimbursement of costs incurred in the conduct of activities to prevent 
or respond to acts of terrorism, sabotage, or other intercity passenger 
rail and freight rail security vulnerabilities and risks identified 
under section 101, including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of rail cargo or passenger screening 
        equipment at the United States-Mexico border, the United 
        States-Canada border, or other ports of entry;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of rail cars 
        transporting high hazard materials to improve their resistance 
        to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations;
            (8) the sharing of intelligence and information about 
        security threats;
            (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (10) to hire additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the report required 
        by section 101, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this title and 
the priorities and other criteria developed by the Secretary.
    (c) Allocation.--The Secretary shall distribute the funds 
authorized by this section based on risk and vulnerability as 
determined under section 101, and shall encourage non-Federal financial 
participation in awarding grants. With respect to grants for intercity 
passenger rail security, the Secretary shall also take into account 
passenger volume and whether a station is used by commuter rail 
passengers as well as intercity rail passengers.
    (d) Conditions.--The Secretary of Transportation may not disburse 
funds to Amtrak under subsection (a) unless Amtrak meets the conditions 
set forth in section 102(b) of this Act.
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 101 the Secretary of Homeland 
Security determines that critical rail transportation security needs 
require reimbursement in greater amounts to any eligible entity, no 
grants under this section may be made--
            (1) in excess of $45,000,000 to Amtrak; or
            (2) in excess of $80,000,000 for the purposes described in 
        paragraphs (3) and (5) of subsection (a).
    (f) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 114(u) of title 49, United States Code, as amended 
by section 116 of this Act,, there shall be made available to the 
Secretary of Homeland Security to carry out this section--
            (1) $100,000,000 for fiscal year 2008;
            (2) $100,000,000 for fiscal year 2009; and
            (3) $100,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain 
available until expended.
    (g) High Hazard Materials Defined.--In this section, the term 
``high hazard materials'' means quantities of poison inhalation hazard 
materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia 
that the Secretary, in consultation with the Secretary of 
Transportation, determines pose a security risk.

SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary of Homeland Security, through the Under Secretary for Science 
and Technology and the Assistant Secretary of Homeland Security 
(Transportation Security Administration), in consultation with the 
Secretary of Transportation shall carry out a research and development 
program for the purpose of improving freight and intercity passenger 
rail security that may include research and development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                or other rail car used to transport hazardous materials 
                and transmit information about the integrity of cars to 
                the train crew or dispatcher;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry high hazard materials (as 
                defined in section 104(g) of this Act); and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety; and
            (6) other projects that address vulnerabilities and risks 
        identified under section 101.
    (b) Coordination With Other Research Initiatives.--The Secretary of 
Homeland Security shall ensure that the research and development 
program authorized by this section is coordinated with other research 
and development initiatives at the Department of Homeland Security and 
the Department of Transportation. The Secretary shall carry out any 
research and development project authorized by this section through a 
reimbursable agreement with the Secretary of Transportation, if the 
Secretary of Transportation--
            (1) is already sponsoring a research and development 
        project in a similar area; or
            (2) has a unique facility or capability that would be 
        useful in carrying out the project.
    (c) Grants and Accountability.--To carry out the research and 
development program, the Secretary may award grants to the entities 
described in section 104(a) and shall adopt necessary procedures, 
including audits, to ensure that grants made under this section are 
expended in accordance with the purposes of this title and the 
priorities and other criteria developed by the Secretary.
    (d) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 114(u) of title 49, United States Code, as amended 
by section 116 of this Act,, there shall be made available to the 
Secretary of Homeland Security to carry out this section--
            (1) $33,000,000 for fiscal year 2008;
            (2) $33,000,000 for fiscal year 2009; and
            (3) $33,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain 
available until expended.

SEC. 106. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary of Homeland Security may 
use up to 0.5 percent of amounts made available for capital projects 
under this Act to enter into contracts for the review of proposed 
capital projects and related program management plans and to oversee 
construction of such projects.
    (b) Use of Funds.--The Secretary may use amounts available under 
subsection (a) of this subsection to make contracts to audit and review 
the safety, procurement, management, and financial compliance of a 
recipient of amounts under this title.
    (c) Procedures for Grant Award.--The Secretary shall, within 90 
days after the date of enactment of this Act, prescribe procedures and 
schedules for the awarding of grants under this title, including 
application and qualification procedures (including a requirement that 
the applicant have a security plan), and a record of decision on 
applicant eligibility. The procedures shall include the execution of a 
grant agreement between the grant recipient and the Secretary and shall 
be consistent, to the extent practicable, with the grant procedures 
established under section 70107 of title 46, United States Code.

SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL 
              PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Surface Transportation and Rail Security Act of 
2007, Amtrak shall submit to the Chairman of the National 
Transportation Safety Board, the Secretary of Transportation, and the 
Secretary of Homeland Security a plan for addressing the needs of the 
families of passengers involved in any rail passenger accident 
involving an Amtrak intercity train and resulting in a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board and the Secretary 
        of Transportation, immediately upon request, a list (which is 
        based on the best available information at the time of the 
        request) of the names of the passengers aboard the train 
        (whether or not such names have been verified), and will 
        periodically update the list. The plan shall include a 
        procedure, with respect to unreserved trains and passengers not 
        holding reservations on other trains, for Amtrak to use 
        reasonable efforts to ascertain the number and names of 
        passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family unless the possession is needed for the 
        accident investigation or any criminal investigation; and that 
        any unclaimed possession of a passenger within Amtrak's control 
        will be retained by the rail passenger carrier for at least 18 
        months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--The National Transportation Safety 
Board, the Secretary of Transportation, and Amtrak may not release any 
personal information on a list obtained under subsection (b)(1) but may 
provide information on the list about a passenger to the family of the 
passenger to the extent that the Board or Amtrak considers appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak in preparing or providing a passenger 
list, or in providing information concerning a train reservation, 
pursuant to a plan submitted by Amtrak under subsection (b), unless 
such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Funding.--Out of funds appropriated pursuant to section 
116(b) of the Surface Transportation and Rail Security Act of 2007, 
there shall be made available to the Secretary of Transportation for 
the use of Amtrak $500,000 for fiscal year 2007 to carry out this 
section. Amounts made available pursuant to this subsection shall 
remain available until expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

``24316.  Plan to assist families of passengers involved in rail 
                            passenger accidents.''.

SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT.

    Within 180 days after the date of enactment of this Act, the 
Secretary of Homeland Security, in consultation with the Assistant 
Secretary of Homeland Security (Transportation Security 
Administration), the Secretary of Transportation, heads of other 
appropriate Federal departments, and agencies and the National Railroad 
Passenger Corporation, shall transmit a report to the Senate Committee 
on Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security that contains--
            (1) a description of the current system for screening 
        passengers and baggage on passenger rail service between the 
        United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United States 
        and Canada as outlined in ``The Agreement on Air Transport 
        Preclearance between the Government of Canada and the 
        Government of the United States of America'', dated January 18, 
        2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the United 
        States and Canada as outlined in the ``Declaration of Principle 
        for the Improved Security of Rail Shipments by Canadian 
        National Railway and Canadian Pacific Railway from Canada to 
        the United States'', dated April 2, 2003;
            (4) information on progress by the Department of Homeland 
        Security and other Federal agencies towards finalizing a 
        bilateral protocol with Canada that would provide for 
        preclearance of passengers on trains operating between the 
        United States and Canada;
            (5) a description of legislative, regulatory, budgetary, or 
        policy barriers within the United States Government to 
        providing pre-screened passenger lists for rail passengers 
        traveling between the United States and Canada to the 
        Department of Homeland Security;
            (6) a description of the position of the Government of 
        Canada and relevant Canadian agencies with respect to 
        preclearance of such passengers;
            (7) a draft of any changes in existing Federal law 
        necessary to provide for pre-screening of such passengers and 
        providing pre-screened passenger lists to the Department of 
        Homeland Security; and
            (8) an analysis of the feasibility of reinstating in-
        transit inspections onboard international Amtrak trains.

SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security and the 
Secretary of Transportation, in consultation with appropriate law 
enforcement, security, and terrorism experts, representatives of 
railroad carriers, and nonprofit employee organizations that represent 
rail workers, shall develop and issue detailed guidance for a rail 
worker security training program to prepare front-line workers for 
potential threat conditions. The guidance shall take into consideration 
any current security training requirements or best practices.
    (b) Program Elements.--The guidance developed under subsection (a) 
shall include elements, as appropriate to passenger and freight rail 
service, that address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew communication and coordination.
            (3) Appropriate responses to defend or protect oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures.
            (6) Psychology of terrorists to cope with hijacker behavior 
        and passenger responses.
            (7) Situational training exercises regarding various threat 
        conditions.
            (8) Any other subject the Secretary considers appropriate.
    (c) Railroad Carrier Programs.--Not later than 90 days after the 
Secretary of Homeland Security issues guidance under subsection (a) in 
final form, each railroad carrier shall develop a rail worker security 
training program in accordance with that guidance and submit it to the 
Secretary for review. Not later than 30 days after receiving a railroad 
carrier's program under this subsection, the Secretary shall review the 
program and transmit comments to the railroad carrier concerning any 
revisions the Secretary considers necessary for the program to meet the 
guidance requirements. A railroad carrier shall respond to the 
Secretary's comments within 30 days after receiving them.
    (d) Training.--Not later than 1 year after the Secretary reviews 
the training program developed by a railroad carrier under this 
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall 
review implementation of the training program of a representative 
sample of railroad carriers and report to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security on the number of reviews 
conducted and the results. The Secretary may submit the report in both 
classified and redacted formats as necessary.
    (e) Updates.--The Secretary shall update the training guidance 
issued under subsection (a) as appropriate to reflect new or different 
security threats. Railroad carriers shall revise their programs 
accordingly and provide additional training to their front-line workers 
within a reasonable time after the guidance is updated.
    (f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, train operators, 
other onboard employees, maintenance and maintenance support personnel, 
bridge tenders, as well as other appropriate employees of railroad 
carriers, as defined by the Secretary.
    (g) Other Employees.--The Secretary of Homeland Security shall 
issue guidance and best practices for a rail shipper employee security 
program containing the elements listed under subsection (b) as 
appropriate.

SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM.

    (a) In General.--Subchapter A of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20117 the following:
``Sec. 20118. Whistleblower protection for rail security matters
    ``(a) Discrimination Against Employee.--No rail carrier engaged in 
interstate or foreign commerce may discharge a railroad employee or 
otherwise discriminate against a railroad employee because the employee 
(or any person acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the employer or the Federal 
        Government information relating to a reasonably perceived 
        threat, in good faith, to security; or
            ``(2) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before Congress or 
        at any Federal or State proceeding regarding a reasonably 
        perceived threat, in good faith, to security; or
            ``(3) refused to violate or assist in the violation of any 
        law, rule or regulation related to rail security.
    ``(b) Dispute Resolution.--A dispute, grievance, or claim arising 
under this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under section 3 to resolve the 
dispute, grievance, or claim the proceeding shall be expedited and the 
dispute, grievance, or claim shall be resolved not later than 180 days 
after it is filed. If the violation is a form of discrimination that 
does not involve discharge, suspension, or another action affecting 
pay, and no other remedy is available under this subsection, the Board, 
division, delegate, or other board of adjustment may award the employee 
reasonable damages, including punitive damages, of not more than 
$20,000.
    ``(c) Procedural Requirements.--Except as provided in subsection 
(b), the procedure set forth in section 42121(b)(2)(B) of this 
subtitle, including the burdens of proof, applies to any complaint 
brought under this section.
    ``(d) Election of Remedies.--An employee of a railroad carrier may 
not seek protection under both this section and another provision of 
law for the same allegedly unlawful act of the carrier.
    ``(e) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the employee, the 
        Secretary of Transportation may not disclose the name of an 
        employee of a railroad carrier who has provided information 
        about an alleged violation of this section.
            ``(2) The Secretary shall disclose to the Attorney General 
        the name of an employee described in paragraph (1) of this 
        subsection if the matter is referred to the Attorney General 
        for enforcement.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 20117 the following:

``20118. Whistleblower protection for rail security matters.''.

SEC. 111. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and the Secretary of 
Transportation, shall require rail carriers transporting a high hazard 
material, as defined in section 104(g) of this Act to develop a high 
hazard material security threat mitigation plan containing appropriate 
measures, including alternative routing and temporary shipment 
suspension options, to address assessed risks to high consequence 
targets. The plan, and any information submitted to the Secretary under 
this section shall be protected as sensitive security information under 
the regulations prescribed under section 114(s) of title 49, United 
States Code.
    (b) Implementation.--A high hazard material security threat 
mitigation plan shall be put into effect by a rail carrier for the 
shipment of high hazardous materials by rail on the rail carrier's 
right-of-way when the threat levels of the Homeland Security Advisory 
System are high or severe and specific intelligence of probable or 
imminent threat exists towards--
            (1) a high-consequence target that is within the 
        catastrophic impact zone of a railroad right-of-way used to 
        transport high hazardous material; or
            (2) rail infrastructure or operations within the immediate 
        vicinity of a high-consequence target.
    (c) Completion and Review of Plans.--
            (1) Plans required.--Each rail carrier shall--
                    (A) submit a list of routes used to transport high 
                hazard materials to the Secretary of Homeland Security 
                within 60 days after the date of enactment of this Act;
                    (B) develop and submit a high hazard material 
                security threat mitigation plan to the Secretary within 
                180 days after it receives the notice of high 
                consequence targets on such routes by the Secretary; 
                and
                    (C) submit any subsequent revisions to the plan to 
                the Secretary within 30 days after making the 
                revisions.
            (2) Review and updates.--The Secretary, with assistance of 
        the Secretary of Transportation, shall review the plans and 
        transmit comments to the railroad carrier concerning any 
        revisions the Secretary considers necessary. A railroad carrier 
        shall respond to the Secretary's comments within 30 days after 
        receiving them. Each rail carrier shall update and resubmit its 
        plan for review not less than every 2 years.
    (d) Definitions.--In this section:
            (1) The term ``high-consequence target'' means a building, 
        buildings, infrastructure, public space, or natural resource 
        designated by the Secretary of Homeland Security that is viable 
        terrorist target of national significance, the attack of which 
        could result in--
                    (A) catastrophic loss of life; and
                    (B) significantly damaged national security and 
                defense capabilities; or
                    (C) national economic harm.
            (2) The term ``catastrophic impact zone'' means the area 
        immediately adjacent to, under, or above an active railroad 
        right-of-way used to ship high hazard materials in which the 
        potential release or explosion of the high hazard material 
        being transported would likely cause--
                    (A) loss of life; or
                    (B) significant damage to property or structures.
            (3) The term ``rail carrier'' has the meaning given that 
        term by section 10102(5) of title 49, United States Code.

SEC. 112. MEMORANDUM OF AGREEMENT.

    (a) Memorandum of Agreement.--Similar to the public transportation 
security annex between the two departments signed on September 8, 2005, 
within 1 year after the date of enactment of this Act, the Secretary of 
Transportation and the Secretary of Homeland Security shall execute and 
develop an annex to the memorandum of agreement between the two 
departments signed on September 28, 2004, governing the specific roles, 
delineations of responsibilities, resources and commitments of the 
Department of Transportation and the Department of Homeland Security, 
respectively, in addressing railroad transportation security matters, 
including the processes the departments will follow to promote 
communications, efficiency, and nonduplication of effort.
    (b) Rail Safety Regulations.--Section 20103(a) of title 49, United 
States Code, is amended by striking ``safety'' the first place it 
appears, and inserting ``safety, including security,''.

SEC. 113. RAIL SECURITY ENHANCEMENTS.

    (a) Rail Police Officers.--Section 28101 of title 49, United States 
Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``Under''; 
        and
            (2) by striking ``the rail carrier'' each place it appears 
        and inserting ``any rail carrier''.
    (b) Review of Rail Regulations.--Within 1 year after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of Homeland Security and the Assistant Secretary of 
Homeland Security (Transportation Security Administration), shall 
review existing rail regulations of the Department of Transportation 
for the purpose of identifying areas in which those regulations need to 
be revised to improve rail security.

SEC. 114. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Homeland Security, in consultation with the Secretary of 
Transportation, shall develop a national plan for public outreach and 
awareness. Such plan shall be designed to increase awareness of 
measures that the general public, railroad passengers, and railroad 
employees can take to increase railroad system security. Such plan 
shall also provide outreach to railroad carriers and their employees to 
improve their awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources to improve 
railroad security. Not later than 9 months after the date of enactment 
of this Act, the Secretary of Homeland Security shall implement the 
plan developed under this section.

SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications.--
            (1) In general.--In conjunction with the research and 
        development program established under section 105 and 
        consistent with the results of research relating to wireless 
        tracking technologies, the Secretary of Homeland Security, in 
        consultation with the Assistant Secretary of Homeland Security 
        (Transportation Security Administration), shall develop a 
        program that will encourage the equipping of rail cars 
        transporting high hazard materials (as defined in section 
        104(g) of this Act) with wireless terrestrial or satellite 
        communications technology that provides--
                    (A) car position location and tracking 
                capabilities;
                    (B) notification of rail car depressurization, 
                breach, or unsafe temperature; and
                    (C) notification of hazardous material release.
            (2) Coordination.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for rail car tracking at the Department of 
                Transportation; and
                    (B) ensure that the program is consistent with 
                recommendations and findings of the Department of 
                Homeland Security's hazardous material tank rail car 
                tracking pilot programs.
    (b) Funding.--Out of funds appropriated pursuant to section 114(u) 
of title 49, United States Code, as amended by section 116 of this Act, 
there shall be made available to the Secretary of Homeland Security to 
carry out this section $3,000,000 for each of fiscal years 2008, 2009, 
and 2010.

SEC. 116. AUTHORIZATION OF APPROPRIATIONS.

    (a) Transportation Security Administration Authorization.--Section 
114 of title 49, United States Code, is amended by adding at the end 
thereof the following:
    ``(u) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for rail security--
            ``(1) $228,000,000 for fiscal year 2008;
            ``(2) $183,000,000 for fiscal year 2009; and
            ``(3) $183,000,000 for fiscal year 2010.''.
    (b) Department of Transportation.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out this title 
and sections 20118 and 24316 of title 49, United States Code, as added 
by this Act--
            (1) $121,500,000 for fiscal year 2007;
            (2) $118,000,000 for fiscal year 2008;
            (3) $118,000,000 for fiscal year 2009; and
            (4) $195,000,000 for fiscal year 2011.

 TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY

SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING.

    (a) Route Plan Guidance.--Within one year after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of Homeland Security, shall--
            (1) document existing and proposed routes for the 
        transportation of radioactive and non-radioactive hazardous 
        materials by motor carrier, and develop a framework for using a 
        Geographic Information System-based approach to characterize 
        routes in the National Hazardous Materials Route Registry;
            (2) assess and characterize existing and proposed routes 
        for the transportation of radioactive and non-radioactive 
        hazardous materials by motor carrier for the purpose of 
        identifying measurable criteria for selecting routes based on 
        safety and security concerns;
            (3) analyze current route-related hazardous materials 
        regulations in the United States, Canada, and Mexico to 
        identify cross-border differences and conflicting regulations;
            (4) document the concerns of the public, motor carriers, 
        and State, local, territorial, and tribal governments about the 
        highway routing of hazardous materials for the purpose of 
        identifying and mitigating security vulnerabilities associated 
        with hazardous material routes;
            (5) prepare guidance materials for State officials to 
        assist them in identifying and reducing both safety concerns 
        and security vulnerabilities when designating highway routes 
        for hazardous materials consistent with the 13 safety-based 
        non-radioactive materials routing criteria and radioactive 
        materials routing criteria in Subpart C part 397 of title 49, 
        Code of Federal Regulations;
            (6) develop a tool that will enable State officials to 
        examine potential routes for the highway transportation of 
        hazardous material and assess specific security vulnerabilities 
        associated with each route and explore alternative mitigation 
        measures; and
            (7) transmit to the Senate Committee on Commerce, Science, 
        and Transportation, and the House of Representatives Committee 
        on Transportation and Infrastructure a report on the actions 
        taken to fulfill paragraphs (1) through (6) of this subsection 
        and any recommended changes to the routing requirements for the 
        highway transportation of hazardous materials in part 397 of 
        title 49, Code of Federal Regulations.
    (b) Route Plans.--
            (1) Assessment.--Within one year after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        complete an assessment of the safety and national security 
        benefits achieved under existing requirements for route plans, 
        in written or electronic format, for explosives and radioactive 
        materials. The assessment shall, at a minimum--
                    (A) compare the percentage of Department of 
                Transportation recordable incidents and the severity of 
                such incidents for shipments of explosives and 
                radioactive materials for which such route plans are 
                required with the percentage of recordable incidents 
                and the severity of such incidents for shipments of 
                explosives and radioactive materials not subject to 
                such route plans; and
                    (B) quantify the security and safety benefits, 
                feasibility, and costs of requiring each motor carrier 
                that is required to have a hazardous material safety 
                permit under part 385 of title 49, Code of Federal 
                Regulations, to maintain, follow, and carry such a 
                route plan that meets the requirements of section 
                397.101 of that title when transporting the type and 
                quantity of hazardous materials described in section 
                385.403 of that title, taking into account the various 
                segments of the trucking industry, including tank 
                truck, truckload and less than truckload carriers.
            (2) Report.--Within one year after the date of enactment of 
        this Act, the Secretary of Transportation shall submit a report 
        to the Senate Committee on Commerce, Science, and 
        Transportation, and the House of Representatives Committee on 
        Transportation and Infrastructure containing the findings and 
        conclusions of the assessment.
    (c) Requirement.--The Secretary shall require motor carriers that 
have a hazardous material safety permit under part 385 of title 49, 
Code of Federal Regulations, to maintain, follow, and carry a route 
plan, in written or electronic format, that meets the requirements of 
section 397.101 of that title when transporting the type and quantity 
of hazardous materials described in section 385.403 of that title if 
the Secretary determines, under the assessment required in subsection 
(b), that such a requirement would enhance the security and safety of 
the nation without imposing unreasonable costs or burdens upon motor 
carriers.

SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications--
            (1) In General.--Consistent with the findings of the 
        Transportation Security Administration's Hazmat Truck Security 
        Pilot Program and within 6 months after the date of enactment 
        of this Act, the Secretary of Homeland Security, through the 
        Transportation Security Administration and in consultation with 
        the Secretary of Transportation, shall develop a program to 
        encourage the equipping of motor carriers transporting high 
        hazard materials in quantities equal to or greater than the 
        quantities specified in subpart 171.800 of title 49, Code of 
        Federal Regulations, with wireless communications technology 
        that provides--
                    (A) continuous communications;
                    (B) vehicle position location and tracking 
                capabilities; and
                    (C) a feature that allows a driver of such vehicles 
                to broadcast an emergency message.
            (2) Considerations.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for motor carrier tracking at the Department of 
                Transportation;
                    (B) take into consideration the recommendations and 
                findings of the report on the Hazardous Material Safety 
                and Security Operation Field Test released by the 
                Federal Motor Carrier Safety Administration on November 
                11, 2004;
                    (C) evaluate--
                            (i) any new information related to the cost 
                        and benefits of deploying and utilizing truck 
                        tracking technology for motor carriers 
                        transporting high hazard materials not included 
                        in the Hazardous Material Safety and Security 
                        Operation Field Test Report released by the 
                        Federal Motor Carrier Safety Administration on 
                        November 11, 2004;
                            (ii) the ability of truck tracking 
                        technology to resist tampering and disabling;
                            (iii) the capability of truck tracking 
                        technology to collect, display, and store 
                        information regarding the movements of 
                        shipments of high hazard materials by 
                        commercial motor vehicles;
                            (iv) the appropriate range of contact 
                        intervals between the tracking technology and a 
                        commercial motor vehicle transporting high 
                        hazard materials; and
                            (v) technology that allows the installation 
                        by a motor carrier of concealed electronic 
                        devices on commercial motor vehicles that can 
                        be activated by law enforcement authorities and 
                        alert emergency response resources to locate 
                        and recover security sensitive material in the 
                        event of loss or theft of such material.
    (b) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section $3,000,000 for 
each of fiscal years 2008, 2009, and 2010.

SEC. 203. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--The Secretary of Homeland Security shall establish 
a program within the Transportation Security Administration, in 
consultation with the Secretary of Transportation, for reviewing 
hazardous materials security plans required under part 172, title 49, 
Code of Federal Regulations, within 180 days after the date of 
enactment of this Act. In establishing the program, the Secretary shall 
ensure that--
            (1) the program does not subject carriers to unnecessarily 
        duplicative reviews of their security plans by the 2 
        departments; and
            (2) a common set of standards is used to review the 
        security plans.
    (b) Civil Penalty.--The failure, by a shipper, carrier, or other 
person subject to part 172 of title 49, Code of Federal Regulations, to 
comply with any applicable section of that part within 180 days after 
being notified by the Secretary of such failure to comply, is 
punishable by a civil penalty imposed by the Secretary under title 49, 
United States Code. For purposes of this subsection, each day of 
noncompliance after the 181st day following the date on which the 
shipper, carrier, or other person received notice of the failure shall 
constitute a separate failure.
    (c) Compliance Review.--In reviewing the compliance of hazardous 
materials shippers, carriers, or other persons subject to part 172 of 
title 49, Code of Federal Regulations, with the provisions of that 
part, the Secretary shall utilize risk assessment methodologies to 
prioritize review and enforcement actions to the most vulnerable and 
critical hazardous materials transportation operations.
    (d) Transportation Costs Study.--Within 1 year after the date of 
enactment of this Act, the Secretary of Transportation, in conjunction 
with the Secretary of Homeland Security, shall study to what extent the 
insurance, security, and safety costs borne by railroad carriers, motor 
carriers, pipeline carriers, air carriers, and maritime carriers 
associated with the transportation of hazardous materials are reflected 
in the rates paid by shippers of such commodities as compared to the 
costs and rates respectively for the transportation of non-hazardous 
materials.
    (e) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section--
            (1) $2,000,000 for fiscal year 2008;
            (2) $2,000,000 for fiscal year 2009; and
            (3) $2,000,000 for fiscal year 2010.

SEC. 204. TRUCK SECURITY ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall transmit to the Senate Committee on 
Commerce, Science, and Transportation, Senate Committee on Finance, the 
House of Representatives Committee on Transportation and 
Infrastructure, the House of Representatives Committee on Homeland 
Security, and the House of Representatives Committe on Ways and Means, 
a report on security issues related to the trucking industry that 
includes--
            (1) an assessment of actions already taken to address 
        identified security issues by both public and private entities;
            (2) an assessment of the economic impact that security 
        upgrades of trucks, truck equipment, or truck facilities may 
        have on the trucking industry and its employees, including 
        independent owner-operators;
            (3) an assessment of ongoing research and the need for 
        additional research on truck security; and
            (4) an assessment of industry best practices to enhance 
        security.

SEC. 205. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

    (a) Development.--The Secretary of Homeland Security, in 
conjunction with the Secretary of Transportation, shall consider the 
development of a national public sector response system to receive 
security alerts, emergency messages, and other information used to 
track the transportation of high hazard materials which can provide 
accurate, timely, and actionable information to appropriate first 
responder, law enforcement and public safety, and homeland security 
officials, as appropriate, regarding accidents, threats, thefts, or 
other safety and security risks or incidents. In considering the 
development of this system, they shall consult with law enforcement and 
public safety officials, hazardous material shippers, motor carriers, 
railroads, organizations representing hazardous material employees, 
State transportation and hazardous materials officials, private for-
profit and non-profit emergency response organizations, and commercial 
motor vehicle and hazardous material safety groups. Consideration of 
development of the national public sector response system shall be 
based upon the public sector response center developed for the 
Transportation Security Administration hazardous material truck 
security pilot program and hazardous material safety and security 
operational field test undertaken by the Federal Motor Carrier Safety 
Administration.
    (b) Capability.--The national public sector response system to be 
considered shall be able to receive, as appropriate--
            (1) negative driver verification alerts;
            (2) out-of-route alerts;
            (3) driver panic or emergency alerts; and
            (4) tampering or release alerts.
    (c) Characteristics.--The national public sector response system to 
be considered shall--
            (1) be an exception-based system;
            (2) be integrated with other private and public sector 
        operation reporting and response systems and all Federal 
        homeland security threat analysis systems or centers (including 
        the National Response Center); and
            (3) provide users the ability to create rules for alert 
        notification messages.
    (d) Carrier Participation.--The Secretary of Homeland Security 
shall coordinate with motor carriers and railroads transporting high 
hazard materials, entities acting on their behalf who receive 
communication alerts from motor carriers or railroads, or other Federal 
agencies that receive security and emergency related notification 
regarding high hazard materials in transit to facilitate the provisions 
of the information listed in subsection (b) to the national public 
sector response system to the extent possible if the system is 
established.
    (e) Data Privacy.--The national public sector response system shall 
be designed to ensure appropriate protection of data and information 
relating to motor carriers, railroads, and employees.
    (f) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall transmit to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security a report on whether to 
establish a national public sector response system and the estimated 
total public and private sector costs to establish and annually operate 
such a system, together with any recommendations for generating private 
sector participation and investment in the development and operation of 
such a system.
    (g) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section--
            (1) $1,000,000 for fiscal year 2008;
            (2) $1,000,000 for fiscal year 2009; and
            (3) $1,000,000 for fiscal year 2010.

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

    (a) In General.--The Secretary of Homeland Security shall establish 
a program within the Transportation Security Administration for making 
grants to private operators of over-the-road buses or over-the-road bus 
terminal operators for system-wide security improvements to their 
operations, including--
            (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their security;
            (2) protecting or isolating the driver;
            (3) acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for collection, 
        storage, or exchange of passenger and driver information 
        through ticketing systems or otherwise, and information links 
        with government agencies;
            (4) training employees in recognizing and responding to 
        security threats, evacuation procedures, passenger screening 
        procedures, and baggage inspection;
            (5) hiring and training security officers;
            (6) installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities;
            (7) creating a program for employee identification or 
        background investigation;
            (8) establishing and upgrading an emergency communications 
        system linking operational headquarters, over-the-road buses, 
        law enforcement, and emergency personnel; and
            (9) implementing and operating passenger screening programs 
        at terminals and on over-the-road buses.
    (b) Federal Share.--The Federal share of the cost for which any 
grant is made under this section shall be 80 percent.
    (c) Due Consideration.--In making grants under this section, the 
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation 
security from those in effect before September 11, 2001, and shall 
prioritize grant funding based on the magnitude and severity of the 
security threat to bus passengers and the ability of the funded project 
to reduce, or respond to, that threat.
    (d) Grant Requirements.--A grant under this section shall be 
subject to all the terms and conditions that a grant is subject to 
under section 3038(f) of the Transportation Equity Act for the 21st 
Century (49 U.S.C. 5310 note; 112 Stat. 393).
    (e) Plan Requirement.--
            (1) In general.--The Secretary may not make a grant under 
        this section to a private operator of over-the-road buses until 
        the operator has first submitted to the Secretary--
                    (A) a plan for making security improvements 
                described in subsection (a) and the Secretary has 
                approved the plan; and
                    (B) such additional information as the Secretary 
                may require to ensure accountability for the obligation 
                and expenditure of amounts made available to the 
                operator under the grant.
            (2) Coordination.--To the extent that an application for a 
        grant under this section proposes security improvements within 
        a specific terminal owned and operated by an entity other than 
        the applicant, the applicant shall demonstrate to the 
        satisfaction of the Secretary that the applicant has 
        coordinated the security improvements for the terminal with 
        that entity.
    (f) Over-the-Road Bus Defined.--In this section, the term ``over-
the-road bus'' means a bus characterized by an elevated passenger deck 
located over a baggage compartment.
    (g) Bus Security Assessment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Senate Committee on Commerce, Science, and Transportation, the 
        House of Representatives Committee on Transportation and 
        Infrastructure, and the House of Representatives Committee on 
        Homeland Security a preliminary report in accordance with the 
        requirements of this section.
            (2) Contents of preliminary report.--The preliminary report 
        shall include--
                    (A) an assessment of the over-the-road bus security 
                grant program;
                    (B) an assessment of actions already taken to 
                address identified security issues by both public and 
                private entities and recommendations on whether 
                additional safety and security enforcement actions are 
                needed;
                    (C) an assessment of whether additional legislation 
                is needed to provide for the security of Americans 
                traveling on over-the-road buses;
                    (D) an assessment of the economic impact that 
                security upgrades of buses and bus facilities may have 
                on the over-the-road bus transportation industry and 
                its employees;
                    (E) an assessment of ongoing research and the need 
                for additional research on over-the-road bus security, 
                including engine shut-off mechanisms, chemical and 
                biological weapon detection technology, and the 
                feasibility of compartmentalization of the driver; and
                    (F) an assessment of industry best practices to 
                enhance security.
            (3) Consultation with industry, labor, and other groups.--
        In carrying out this section, the Secretary shall consult with 
        over-the-road bus management and labor representatives, public 
        safety and law enforcement officials, and the National Academy 
        of Sciences.
    (h) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section--
            (1) $12,000,000 for fiscal year 2008;
            (2) $25,000,000 for fiscal year 2009; and
            (3) $25,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain 
available until expended.

SEC. 207. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

    (a) In General.--The Secretary of Homeland Security, in 
consultation with the Secretary of Transportation and the Pipeline and 
Hazardous Materials Safety Administration, and in accordance with the 
Memorandum of Understanding Annex executed on August 9, 2006, shall 
develop a Pipeline Security and Incident Recovery Protocols Plan. The 
plan shall include--
            (1) a plan for the Federal Government to provide increased 
        security support to the most critical interstate and intrastate 
        natural gas and hazardous liquid transmission pipeline 
        infrastructure and operations as determined under section 208--
                    (A) at high or severe security threat levels of 
                alert; and
                    (B) when specific security threat information 
                relating to such pipeline infrastructure or operations 
                exists; and
            (2) an incident recovery protocol plan, developed in 
        conjunction with interstate and intrastate transmission and 
        distribution pipeline operators and terminals and facilities 
        operators connected to pipelines, to develop protocols to 
        ensure the continued transportation of natural gas and 
        hazardous liquids to essential markets and for essential public 
        health or national defense uses in the event of an incident 
        affecting the interstate and intrastate natural gas and 
        hazardous liquid transmission and distribution pipeline system, 
        which shall include protocols for granting access to pipeline 
        operators for pipeline infrastructure repair, replacement or 
        bypass following an incident.
    (b) Existing Private and Public Sector Efforts.--The plan shall 
take into account actions taken or planned by both private and public 
entities to address identified pipeline security issues and assess the 
effective integration of such actions.
    (c) Consultation.--In developing the plan under subsection (a), the 
Secretary of Homeland Security shall consult with the Secretary of 
Transportation, interstate and intrastate transmission and distribution 
pipeline operators, pipeline labor, first responders, shippers of 
hazardous materials, State Departments of Transportation, public safety 
officials, and other relevant parties.
    (d) Report.--
            (1) Contents.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        transmit to the Committee on Commerce, Science, and 
        Transportation of the Senate, the Committee on Homeland 
        Security of the House of Representatives, and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives a report containing the plan required by 
        subsection (a), along with an estimate of the private and 
        public sector costs to implement any recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.

SEC. 208. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--Within 1 year after the date of enactment of this 
Act the Secretary of Homeland Security, in consultation with the 
Secretary of Transportation, shall establish a program for reviewing 
pipeline operator adoption of recommendations in the September, 5, 
2002, Department of Transportation Research and Special Programs 
Administration Pipeline Security Information Circular, including the 
review of pipeline security plans and critical facility inspections.
    (b) Review and Inspection.--Within 9 months after the date of 
enactment of this Act the Secretary shall complete a review of the 
pipeline security plan and an inspection of the critical facilities of 
the 100 most critical pipeline operators covered by the September, 5, 
2002, circular, where such facilities have not been inspected for 
security purposes since September 5, 2002, by either the Department of 
Homeland Security or the Department of Transportation, as determined by 
the Secretary in consultation with the Secretary of Transportation.
    (c) Compliance Review Methodology.--In reviewing pipeline operator 
compliance under subsections (a) and (b), the Secretary shall utilize 
risk assessment methodologies to prioritize vulnerabilities and to 
target inspection and enforcement actions to the most vulnerable and 
critical pipeline assets.
    (d) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary shall transmit to pipeline operators and the 
Secretary of Transportation security recommendations for natural gas 
and hazardous liquid pipelines and pipeline facilities. If the 
Secretary of Homeland Security determines that regulations are 
appropriate, the Secretary shall promulgate such regulations and carry 
out necessary inspection and enforcement actions. Any regulations 
should incorporate the guidance provided to pipeline operators by the 
September 5, 2002, Department of Transportation Research and Special 
Programs Administration's Pipeline Security Information Circular and 
contain additional requirements as necessary based upon the results of 
the inspections performed under subsection (b). The regulations shall 
include the imposition of civil penalties for non-compliance.
    (e) Funding.--There are authorized to be appropriated to the 
Secretary of Homeland Security to carry out this section--
            (1) $2,000,000 for fiscal year 2008; and
            (2) $2,000,000 for fiscal year 2009.

SEC. 209. TECHNICAL CORRECTIONS.

    (a) Hazmat Licenses.--Section 5103a of title 49, United States 
Code, is amended--
            (1) by inserting ``of Homeland Security'' after 
        ``Secretary'' each place it appears in subsections (a)(1), 
        (d)(1)(b), and (e); and
            (2) by redesignating subsection (h) as subsection (i) and 
        inserting the following after subsection (g):
    ``(h) Relationship to Transportation Security Cards.--Upon 
application, a State shall issue to an individual a license to operate 
a motor vehicle transporting in commerce a hazardous material without 
the security assessment required by this section, provided the 
individual meets all other applicable requirements for such a license, 
if the Secretary of Homeland Security has previously determined, under 
section 70105 of title 46, United States Code, that the individual does 
not pose a security risk.''.

SEC. 210. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration of the Department of 
Transportation, before or after its transfer to the Department of 
Homeland Security, does not apply to the extent that any such employees 
are responsible for implementing the provisions of this Act. D23/
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