I 

110TH CONGRESS 

1ST SESSION H. R. 1269 

To improve the security of railroad, public transportation, and over-theroad bus systems in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 1, 2007 

Mr. OBERSTAR (for himself, Ms. CORRINE BROWN of Florida, and Mr. 

DEFAZIO) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on 

Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the security of railroad, public transportation, 

and over-the-road bus systems in the United States, and 

for other purposes. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Rail and Public Transportation Security Act of 2007’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. National strategy for rail and public transportation security. 


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Sec. 4. Assignment of providers of covered transportation to risk-based tiers. 

Sec. 5. Rail and public transportation assessments and plans. 

Sec. 6. Strategic information sharing plan. 

Sec. 7. Rail security assistance. 

Sec. 8. Public transportation security assistance. 

Sec. 9. Over-the-road bus security assistance. 

Sec. 10. Fire and life safety improvements. 

Sec. 11. Security training program. 

Sec. 12. Security exercises. 

Sec. 13. Security research and development. 

Sec. 14. Whistleblower protections. 

Sec. 15. Increase in surface transportation security inspectors. 

Sec. 16. National domestic preparedness consortium. 

Sec. 17. TSA personnel limitations. 

Sec. 18. Penalties. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ has the meaning that term has in section 

6 2 of the Homeland Security Act of 2002 (6 U.S.C. 

7 101) and includes the Committees on Homeland Se8 curity and Transportation and Infrastructure of the 

9 House of Representatives and the Committees on 

10 Homeland Security and Governmental Affairs and 

11 Commerce, Science, and Transportation of the Sen12 ate. 

13 (2) APPROPRIATE STAKEHOLDERS.—The term 

14 ‘‘appropriate stakeholders’’ means— 

15 (A) providers of covered transportation; 

16 (B) organizations representing providers of 

17 covered transportation; 


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1 (C) nonprofit employee labor organizations 

2 representing one or more of the following: rail3 road workers, public transportation workers, 

4 and over-the-road bus workers; 

5 (D) shippers of hazardous materials; 

6 (E) manufacturers of rail and transit cars; 

7 (F) State departments of transportation; 

8 (G) public safety officials; 

9 (H) law enforcement and fire service offi10 cials; and 

11 (I) other relevant persons. 

12 (3) COVERED TRANSPORTATION.—The term 

13 ‘‘covered transportation’’ means transportation pro14 vided by a railroad carrier, public transportation, 

15 and transportation provided by an over-the-road bus. 

16 (4) DEPARTMENT.—The term ‘‘Department’’ 

17 means the Department of Homeland Security. 

18 (5) DESIGNATED RECIPIENT.—The term ‘‘des19 ignated recipient’’ has the meaning that term has in 

20 section 5307(a) of title 49, United States Code. 

21 (6) PROVIDER OF COVERED TRANSPOR22 TATION.—The term ‘‘provider of covered transpor23 tation’’ means— 

24 (A) with respect to transportation provided 

25 by a railroad carrier, the railroad carrier; 


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1 (B) with respect to public transportation, 

2 the designated recipient; and 

3 (C) with respect to transportation provided 

4 by an over-the-road bus, the private operator 

5 providing the transportation. 

6 (7) OVER-THE-ROAD BUS.—The term ‘‘over-the7 road bus’’ means a bus characterized by an elevated 

8 passenger deck located over a baggage compartment. 

9 (8) PUBLIC TRANSPORTATION.—The term 

10 ‘‘public transportation’’ has the meaning that term 

11 has in section 5302(a) of title 49, United States 

12 Code. 

13 (9) RAILROAD.—The term ‘‘railroad’’ has the 

14 meaning that term has in section 20102 of title 49, 

15 United States Code. 

16 (10) RAILROAD CARRIER.—The term ‘‘railroad 

17 carrier’’ has the meaning that term has in section 

18 20102 of title 49, United States Code. 

19 (11) SECRETARY.—The term ‘‘Secretary’’ 

20 means the Secretary of Homeland Security. 

21 (12) STATE.—The term ‘‘State’’ means any one 

22 of the 50 States, the District of Columbia, Puerto 

23 Rico, the Northern Mariana Islands, the Virgin Is24 lands, Guam, and American Samoa. 


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1 (13) TERRORISM.—The term ‘‘terrorism’’ has 

2 the meaning that term has in section 2 of the Home3 land Security Act of 2002 (6 U.S.C. 101). 

4 (14) TRANSPORTATION.—The term ‘‘transpor5 tation’’, as used with respect to an over-the-road6 bus, means the movement of passengers or property 

7 by the over-the-road-bus— 

8 (A) in the jurisdiction of the United States 

9 between a place in a State and a place outside 

10 the State (including a place outside the United 

11 States); or 

12 (B) in a State that affects trade, traffic, 

13 and transportation described in subparagraph 

14 (A). 

15 (15) UNITED STATES.—The term ‘‘United 

16 States’’ means the 50 States, the District of Colum17 bia, Puerto Rico, the Northern Mariana Islands, the 

18 Virgin Islands, Guam, American Samoa, and any 

19 other territory or possession of the United States. 

20 SEC. 3. NATIONAL STRATEGY FOR RAIL AND PUBLIC 

21 TRANSPORTATION SECURITY. 

22 Not later than 6 months after the date of enactment 

23 of this Act, the Secretary, in coordination with the Sec24 retary of Transportation, shall develop and implement the 

25 modal plan for covered transportation as required by secVerDate Aug 31 2005 23:27 Mar 01, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1269.IH H1269

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1 tion 114(t)(1)(B) of title 49, United States Code. The 

2 modal plan shall be entitled the ‘‘National Strategy for 

3 Rail and Public Transportation Security’’ and shall in4 clude, at a minimum— 

5 (1) a description of the roles, responsibilities, 

6 and authorities of Federal, State, and local agencies, 

7 government sponsored entities, tribal governments, 

8 and appropriate stakeholders under the plan; 

9 (2) identification of, and a plan to address, 

10 gaps and unnecessary overlaps in the roles, respon11 sibilities, and authorities described in paragraph (1); 

12 (3) a methodology for how the Department will 

13 work with the entities described in paragraph (1), 

14 and make use of existing Federal expertise within 

15 the Department, the Department of Transportation, 

16 and other appropriate agencies; 

17 (4) a process for expediting security clearances 

18 to facilitate intelligence and information sharing 

19 with the entities described in paragraph (1); 

20 (5) a description of— 

21 (A) how the Department and the Depart22 ment of Transportation have reviewed terrorist 

23 attacks on covered transportation throughout 

24 the world in the last 25 years; 


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1 (B) the lessons learned from those reviews; 

2 and 

3 (C) how those lessons are being used in 

4 current and future efforts to secure covered 

5 transportation; 

6 (6) a strategy and timeline for the Department, 

7 the Department of Transportation, and other appro8 priate Federal agencies to research and develop new 

9 technologies for securing covered transportation; 

10 (7) measurable goals, including objectives, 

11 mechanisms, and a schedule for enhancing the secu12 rity of covered transportation; 

13 (8) a framework for resuming the operation of 

14 covered transportation in the event of an act of ter15 rorism and prioritizing resumption of such oper16 ations; 

17 (9) a description of current and future public 

18 outreach and educational initiatives designed to in19 form the public on how to prevent, prepare for, and 

20 respond to a terrorist attack on covered transpor21 tation; and 

22 (10) a process for coordinating covered trans23 portation security strategies and plans, including— 


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1 (A) the National Infrastructure Protection 

2 Plan required by Homeland Security Presi3 dential Directive 7; 

4 (B) the Executive Order entitled 

5 ‘‘Strengthening Surface Transportation Secu6 rity’’, dated December 5, 2006; 

7 (C) the Memorandum of Understanding 

8 between the Department and the Department of 

9 Transportation on Roles and Responsibilities 

10 dated September 28, 2004; 

11 (D) the annex to such memorandum of un12 derstanding concerning railroad security dated 

13 September 28, 2006; and 

14 (E) the annex executed under section 

15 3028(b) of the Safe, Accountable, Flexible, and 

16 Efficient Transportation Equity Act: A Legacy 

17 for Users (49 U.S.C. 5321 note; 119 Stat. 

18 1624). 

19 SEC. 4. ASSIGNMENT OF PROVIDERS OF COVERED TRANS20 PORTATION TO RISK-BASED TIERS. 

21 (a) ASSIGNMENT.—The Secretary shall assign each 

22 provider of covered transportation to one of three risk23 based tiers established by the Secretary. 

24 (b) PROVISION OF INFORMATION.—The Secretary 

25 may request, and the provider of covered transportation 


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1 shall provide, information necessary for the Secretary to 

2 assign a provider of covered transportation to the appro3 priate tier under subsection (a). 

4 (c) NOTIFICATION.—Not later than 60 days after the 

5 date a provider of covered transportation is assigned to 

6 a tier under this section, the Secretary shall notify the 

7 provider of the tier to which the provider is assigned and 

8 the reasons for such assignment. 

9 (d) HIGH- AND MEDIUM-RISK TIERS.—At least 2 of 

10 the tiers established by the Secretary under this section 

11 shall be tiers designated for high- and medium-risk pro12 viders of covered transportation. 

13 SEC. 5. RAIL AND PUBLIC TRANSPORTATION ASSESSMENTS 

14 AND PLANS. 

15 (a) IN GENERAL.—Not later than 12 months after 

16 the date of enactment of this Act, the Secretary, in coordi17 nation with the Secretary of Transportation, shall issue 

18 regulations that— 

19 (1) require each provider of covered transpor20 tation assigned to a high- or medium-risk tier under 

21 section 4— 

22 (A) to conduct a vulnerability assessment 

23 in accordance with subsections (b) and (c); and 

24 (B) to prepare and implement a security 

25 plan in accordance with this section that adVerDate Aug 31 2005 23:27 Mar 01, 2007 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1269.IH H1269

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1 dresses the vulnerabilities identified under sub2 section (c); 

3 (2) establish standards, protocols, and proce4 dures for vulnerability assessments under subsection 

5 (c) and security plans under subsection (d) and for 

6 developing and implementing such security plans; 

7 and 

8 (3) implement a security program for providers 

9 of covered transportation not assigned to a high- or 

10 medium-risk tier under section 4, including a proc11 ess for such providers to conduct vulnerability as12 sessments and prepare and implement security 

13 plans, as determined appropriate by the Secretary. 

14 (b) DEADLINE FOR SUBMISSION.—Not later than 6 

15 months after the date of issuance of the regulations under 

16 subsection (a), the vulnerability assessments and security 

17 plans required by such regulations or allowed by such reg18 ulations shall be completed and submitted to the Secretary 

19 for review and approval. 

20 (c) VULNERABILITY ASSESSMENTS.— 

21 (1) REQUIREMENTS.—The Secretary, in coordi22 nation with the Secretary of Transportation, shall 

23 provide technical assistance and guidance to pro24 viders of covered transportation in conducting vul25 nerability assessments under this section and shall 


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1 require that each vulnerability assessment of a pro2 vider of covered transportation assigned to a high3 or medium-risk tier under section 4 include, at a 

4 minimum— 

5 (A) identification and evaluation of critical 

6 covered transportation assets and infrastruc7 tures of the provider, including platforms, sta8 tions, bus and intermodal terminals, tunnels, 

9 bridges, switching and storage areas, and infor10 mation systems; 

11 (B) identification of the threats to those 

12 assets and infrastructures; 

13 (C) identification of the security weak14 nesses of the covered transportation in— 

15 (i) physical security; 

16 (ii) passenger and cargo security; 

17 (iii) programmable electronic devices, 

18 computers, or other automated systems 

19 which are used in providing the transpor20 tation; 

21 (iv) alarms, cameras, and other pro22 tection systems; 

23 (v) communications systems, including 

24 dispatching services and mobile service 

25 equipment systems, to provide access to 


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1 emergency services in underground fixed 

2 guideway systems; 

3 (vi) utilities; 

4 (vii) emergency response planning; 

5 (viii) employee training; and 

6 (ix) such other matters as the Sec7 retary determines appropriate; and 

8 (D) identification of redundant and backup 

9 systems required to ensure the continued oper10 ations of critical elements of the covered trans11 portation in the event of an attack or other in12 cident, including disruption of commercial elec13 tric power or communications network. 

14 (2) THREAT INFORMATION.— 

15 (A) INCORPORATION.—A provider of cov16 ered transportation conducting a vulnerability 

17 assessment under this section shall incorporate 

18 in the assessment any threat information pro19 vided by the Secretary. 

20 (B) PROVIDED BY SECRETARY.—The Sec21 retary shall provide, in a timely manner to the 

22 maximum extent practicable under applicable 

23 authority and in the interest of national secu24 rity, to the provider of the covered transpor25 tation threat information that is relevant to the 


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1 provider, including an assessment of the most 

2 likely method that could be used by terrorists to 

3 exploit weaknesses in the covered transportation 

4 security and the likelihood of success by such 

5 terrorists. 

6 (d) SECURITY PLANS.— 

7 (1) REQUIREMENTS.—The Secretary, in coordi8 nation with the Secretary of Transportation, shall 

9 provide technical assistance and guidance to pro10 viders of covered transportation in preparing and 

11 implementing security plans under this section and 

12 shall require that each security plan of each provider 

13 of covered transportation assigned to a high- or me14 dium-risk tier under section 4 include, at a min15 imum— 

16 (A) identification of a security coordinator 

17 having authority to implement security actions 

18 under the plan to— 

19 (i) coordinate security improvements 

20 described in sections 7, 8, and 9; and 

21 (ii) require immediate communications 

22 from appropriate Federal officials regard23 ing covered transportation security; 


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1 (B) security measures to address the weak2 nesses of covered transportation identified 

3 under subsection (c); 

4 (C) plans for periodic exercises under sec5 tion 12 that include participation by local law 

6 enforcement agencies and emergency responders 

7 as appropriate; 

8 (D) a list of needed capital and operational 

9 covered transportation security improvements 

10 described in sections 7, 8, and 9; 

11 (E) procedures to be implemented or used 

12 by the provider in response to a terrorist at13 tack, including evacuation and passenger com14 munication plans; 

15 (F) identification of steps taken with State 

16 and local law enforcement agencies, emergency 

17 responders, and Federal officials to coordinate 

18 security measures and plans for response to a 

19 terrorist attack; 

20 (G) a strategy and timeline for conducting 

21 training under section 11, including recurrent 

22 training and periodic unannounced exercises for 

23 employees of the provider to be carried out 

24 under the plan to prevent, prepare for, or re25 spond to a terrorist attack; 


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1 (H) enhanced security measures to be 

2 taken by the provider when the Secretary de3 clares a period of heightened security risk; 

4 (I) plans for redundant and backup sys5 tems required to ensure the continued operation 

6 of critical covered transportation elements of 

7 the provider in the event of a terrorist attack 

8 or other incident; 

9 (J) plans for locating, including by elec10 tronic devices, railroad cars transporting haz11 ardous materials so that, if the assets are lost 

12 or stolen, the provider may locate, track, and 

13 recover the assets; and 

14 (K) such other actions or procedures as 

15 the Secretary determines are appropriate to ad16 dress the covered transportation security of the 

17 provider to a terrorist attack. 

18 (2) CONSISTENCY WITH OTHER PLANS.—The 

19 Secretary shall ensure that each security plan under 

20 this section is consistent with the requirements of 

21 the National Strategy for Rail and Public Transpor22 tation Security described in section 3. 

23 (e) DEADLINE FOR REVIEW PROCESS.—Not later 

24 than 12 months after the date of the issuance of the regu25 lations under subsection (a), the Secretary shall— 


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1 (1) review each vulnerability assessment and se2 curity plan submitted to the Secretary in accordance 

3 with subsection (b); 

4 (2) require amendments to any security plan 

5 that does not meet the requirements of this section, 

6 including the regulations issued under subsection 

7 (a); 

8 (3) approve any vulnerability assessment or se9 curity plan that meets the requirements of this sec10 tion, including such regulations; and 

11 (4) review each security plan periodically there12 after. 

13 (f) INTERIM SECURITY MEASURES.—The Secretary 

14 shall require, during the period before the deadline estab15 lished under subsection (b), each provider of covered 

16 transportation to implement any necessary interim secu17 rity measures to deter, mitigate, and respond to, to the 

18 maximum extent practicable, a transportation security in19 cident with respect to the provider of covered transpor20 tation or a substantive threat of such an incident until 

21 the security plan of the provider is approved. 

22 (g) NONDISCLOSURE OF INFORMATION.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law, information developed under this 

25 section is not required to be disclosed to the public. 


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1 Such information includes vulnerability assessments 

2 and security plans of providers of covered transpor3 tation. 

4 (2) OTHER OBLIGATIONS UNAFFECTED.—Noth5 ing in this section shall affect any obligation of a 

6 provider of covered transportation to submit or 

7 make available information to covered transportation 

8 employees, nonprofit employee labor organizations, 

9 or a Federal, State, or local government agency 

10 under, or otherwise to comply with, any other law. 

11 (3) SUBMISSION OF INFORMATION TO CON12 GRESS.—Nothing in this section shall be construed 

13 as authorizing the withholding of any information 

14 from Congress. 

15 (4) DISCLOSURE OF INDEPENDENTLY FUR16 NISHED INFORMATION.—Nothing in this section 

17 shall be construed as affecting any authority or obli18 gation of a Federal agency to disclose any record or 

19 information that the Federal agency obtains from a 

20 provider of covered transportation under any other 

21 law. 

22 (h) PENALTIES.— 

23 (1) ADMINISTRATIVE PENALTIES.— 

24 (A) IN GENERAL.—The Secretary may im25 pose an administrative penalty of not more than 


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1 $75,000 for failure to comply with this section, 

2 including regulations issued under subsection 

3 (a). 

4 (B) NOTICE AND OPPORTUNITY TO RE5 QUEST HEARING.—Before imposing a penalty 

6 under subparagraph (A), the Secretary shall 

7 provide to the person against whom the penalty 

8 is to be imposed— 

9 (i) written notice of the proposed pen10 alty; and 

11 (ii) the opportunity to request, not 

12 later than 30 days after the date on which 

13 the person receives the notice, a hearing on 

14 the proposed penalty. 

15 (C) REGULATIONS.—The Secretary may 

16 issue regulations establishing the procedures for 

17 administrative hearings and appropriate review 

18 of penalties imposed under this paragraph, in19 cluding deadlines. 

20 (2) CIVIL PENALTIES.— 

21 (A) IN GENERAL.—The Secretary may 

22 bring an action in a United States district court 

23 against any provider of covered transportation 

24 that violates or fails to comply with this section, 

25 including regulations issued under subsection 


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1 (a), or a security plan approved by the Sec2 retary under this section. 

3 (B) RELIEF.—In any action under sub4 paragraph (A), a court may issue an order for 

5 injunctive relief and may impose a civil penalty 

6 of not more than $50,000 for each day on 

7 which a violation occurs or a failure to comply 

8 continues. 

9 (3) CRIMINAL PENALTIES.—A provider of cov10 ered transportation who violates this section, includ11 ing regulations issued under subsection (a), shall be 

12 fined not more than $50,000 for each day of such 

13 violation, imprisoned for not more than 2 years, or 

14 both. 

15 (i) EXISTING PROCEDURES, PROTOCOLS AND STAND16 ARDS.— 

17 (1) DETERMINATION.—In response to a peti18 tion by a provider of covered transportation or at 

19 the discretion of the Secretary, the Secretary may 

20 recognize existing procedures, protocols, and stand21 ards of a provider of covered transportation that the 

22 Secretary determines to meet all or part of the re23 quirements of this section, including regulations 

24 issued under subsection (a), regarding vulnerability 

25 assessments and security plans. 


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1 (2) ELECTION.—Upon review and written de2 termination by the Secretary that existing proce3 dures, protocols, or standards of a provider of cov4 ered transportation satisfy all of the requirements of 

5 this section, including regulations issued under sub6 section (a), the provider may elect to comply with 

7 those procedures, protocols, or standards instead of 

8 the requirements of this section. 

9 (3) PARTIAL APPROVAL.—If the Secretary de10 termines that the existing procedures, protocols, or 

11 standards of a provider of covered transportation 

12 satisfy only part of the requirements of this section, 

13 including regulations issued under subsection (a), 

14 the Secretary may accept those submissions, but 

15 shall require submission by the provider of any addi16 tional information relevant to vulnerability assess17 ments and security plans of the provider to ensure 

18 that the remaining requirements of this section are 

19 fulfilled. 

20 (4) NOTIFICATION.—If the Secretary deter21 mines that particular existing procedures, protocols, 

22 or standards of a provider of covered transportation 

23 under this subsection do not satisfy the require24 ments of this section, including regulations issued 

25 under subsection (a), the Secretary shall notify the 


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1 provider, in writing, of the determination and an ex2 planation of the reasons for the determination. 

3 (5) REVIEW.—Nothing in this subsection shall 

4 relieve the Secretary of the obligation— 

5 (A) to review the vulnerability assessment 

6 and security plan submitted by a provider of 

7 covered transportation under this section; and 

8 (B) to approve or disapprove each submis9 sion on an individual basis. 

10 (j) PERIODIC REVIEW.—Not later than 3 years after 

11 the date of approval of a vulnerability assessment and se12 curity plan of a provider of covered transportation under 

13 this section, and not less often than every 5 years there14 after, the provider— 

15 (1) shall review the adequacy of the vulner16 ability assessment and security plan; and 

17 (2) shall submit for approval to the Secretary, 

18 at such time and in such form as the Secretary may 

19 require, the results of the review, including a de20 scription of any changes to the vulnerability assess21 ment or security plan, or both. 

22 (k) SHARED FACILITIES.—The Secretary may permit 

23 under this section the development and implementation of 

24 coordinated vulnerability assessments and security plans 

25 to the extent 2 or more providers of covered transportation 


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1 have shared facilities (such as tunnels, bridges, or sta2 tions, or facilities) that are geographically close or other3 wise co-located. 

4 SEC. 6. STRATEGIC INFORMATION SHARING PLAN. 

5 (a) IN GENERAL.—Not later than 90 days after the 

6 date of enactment of this Act, the Secretary shall develop 

7 and submit to the appropriate congressional committees 

8 a railroad, public transportation, and over-the-road bus 

9 strategic information sharing plan to ensure the develop10 ment of both tactical and strategic intelligence products 

11 pertaining to the threats and vulnerabilities to covered 

12 transportation for dissemination to Federal, State, and 

13 local agencies, tribal governments, and appropriate stake14 holders. 

15 (b) CONTENT OF PLAN.—The plan submitted under 

16 subsection (a) shall include— 

17 (1) a description of how intelligence analysts in 

18 the Transportation Security Administration are co19 ordinating with other intelligence analysts in the De20 partment and other Federal, State, and local agen21 cies; 

22 (2) reasonable deadlines for the completion of 

23 any organizational changes within the Department 

24 to accommodate implementation of the plan; and 


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1 (3) a description of resource needs for fulfilling 

2 the plan. 

3 (c) UPDATES.— 

4 (1) CERTIFICATION OF IMPLEMENTATION.— 

5 After the plan is submitted under subsection (a), the 

6 Secretary shall certify to the appropriate congres7 sional committees when the plan has been imple8 mented. 

9 (2) ANNUAL REPORTS.—After the Secretary 

10 provides the certification under paragraph (1), the 

11 Secretary shall provide a report to the appropriate 

12 congressional committees each year thereafter on the 

13 following: 

14 (A) The number and brief description of 

15 each railroad, public transportation, and over16 the-road bus intelligence report created and dis17 seminated under the plan. 

18 (B) The classification of each report as 

19 tactical or strategic. 

20 (C) The numbers of different government, 

21 law enforcement, and public or private sector 

22 partners who were provided with each intel23 ligence product. 

24 (d) ANNUAL SURVEYS.—The Secretary shall conduct 

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1 ents of railroad, public transportation, and over-the-road 

2 bus intelligence reports created and disseminated under 

3 the plan and include the results of the survey as part of 

4 the corresponding annual report provided under sub5 section (c)(2). 

6 (e) SECURITY CLEARANCES.—The Department shall 

7 ensure that the appropriate Federal, State, regional, local, 

8 and tribal authorities, in addition to appropriate stake9 holders, have the security clearances needed to receive 

10 classified covered transportation security information as 

11 necessary if this information cannot be disseminated in an 

12 unclassified format. 

13 (f) CLASSIFICATION OF MATERIAL.—To the greatest 

14 extent possible, the Department shall provide appropriate 

15 stakeholders with information in an unclassified format. 

16 SEC. 7. RAIL SECURITY ASSISTANCE. 

17 (a) ESTABLISHMENT OF PROGRAM.—The Secretary, 

18 in coordination with the Secretary of Transportation, shall 

19 establish a program for the Secretary of Transportation 

20 to make grants under this section. 

21 (b) SECURITY ASSISTANCE.—The Secretary of 

22 Transportation, in coordination with the Secretary, shall 

23 make, in accordance with the priorities established under 

24 subsection (e), grants to eligible railroad carriers for secu25 rity improvements described in subsection (c). 


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1 (c) USES OF FUNDS.—A recipient of a grant under 

2 subsection (a) may use the grant funds for one or more 

3 of the following: 

4 (1) Perimeter protection systems, including ac5 cess control, installation of improved lighting, fenc6 ing, and barricades at railroad facilities. 

7 (2) Technologies for reduction of rail car vul8 nerability. 

9 (3) Security improvements to passenger rail10 road stations and other railroad transportation in11 frastructure. 

12 (4) Tunnel protection systems. 

13 (5) Evacuation improvements. 

14 (6) Inspection technologies, including verified 

15 visual inspection technologies using hand-held read16 ers and discs. 

17 (7) Communications equipment, including 

18 equipment that is interoperable with Federal, State, 

19 and local agencies and tribal governments. 

20 (8) Chemical, biological, radiological, or explo21 sive detection, including canine patrols for such de22 tection. 

23 (9) Surveillance equipment. 

24 (10) Cargo or passenger screening equipment. 


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1 (11) Emergency response equipment, including 

2 fire suppression and decontamination equipment, 

3 personal protective equipment, and defibrillators. 

4 (12) Global positioning or electronic tracking 

5 equipment. 

6 (13) Redundant critical operations control sys7 tems. 

8 (14) Public awareness campaigns for enhanced 

9 railroad security. 

10 (15) Security awareness, preparedness, and re11 sponse training for railroad employees, including 

12 training under section 11. 

13 (16) Live or simulated exercises described in 

14 section 12. 

15 (17) Overtime reimbursement for additional se16 curity personnel during significant national and 

17 international public events. 

18 (18) Such other security improvements as the 

19 Secretary, in coordination with the Secretary of 

20 Transportation, considers appropriate. 

21 (d) ELIGIBILITY.—A railroad carrier is eligible for a 

22 grant under this section if the carrier has developed a se23 curity plan that the Secretary has approved under section 

24 5. 

25 (e) SECURITY IMPROVEMENT PRIORITIES.— 


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1 (1) IN GENERAL.—The Secretary, in coordina2 tion with the Secretary of Transportation, shall es3 tablish security improvement priorities for each rail4 road carrier that conducts or updates a vulnerability 

5 assessment under section 5. 

6 (2) CONSULTATION; PRIORITIZED LIST.—The 

7 Secretary shall establish priorities under paragraph 

8 (1) for a railroad carrier— 

9 (A) in consultation with the management 

10 and employee representatives of the carrier; and 

11 (B) in a manner that is consistent with the 

12 carrier’s list of needed security improvements 

13 described in section 5(d)(1). 

14 (f) FEDERAL SHARE.— 

15 (1) IN GENERAL.—Except as provided in para16 graphs (2) and (3), a grant for a project under this 

17 section shall be for 80 percent of the net cost of the 

18 project. 

19 (2) SMALL PROJECT EXCEPTION.—If a grant 

20 under this section is for a project with a net cost of 

21 $25,000 or less, the Federal share for the grant 

22 shall be for 100 percent of such cost. 

23 (3) NATIONAL SECURITY EXCEPTION.—If the 

24 Secretary determines, upon written notice to the ap25 propriate congressional committees, that a higher 


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1 Federal share for a grant under this section is nec2 essary to respond to an urgent threat to national se3 curity, the Secretary may increase the Federal share 

4 for the grant to up to 100 percent of the net cost 

5 of the project. 

6 (g) SUBJECT TO CERTAIN STANDARDS.—The Sec7 retary and the Secretary of Transportation shall require 

8 a recipient of a grant under this section and section 10 

9 to comply with the standards of section 24312 of title 49, 

10 United States Code, as in effect on January 1, 2007, with 

11 respect to the grant in the same manner as the National 

12 Railroad Passenger Corporation is required to comply with 

13 such standards for construction work financed under an 

14 agreement made under section 24308(a) of that title. 

15 (h) LIMITATION ON USES OF FUNDS.—A grant made 

16 under this section may not be used to— 

17 (1) supplant State or local funds for activities 

18 described in subsection (c); and 

19 (2) make any State or local government cost20 sharing contribution under any other law. 

21 (i) ANNUAL REPORTS.—Each recipient of a grant 

22 under this section shall report annually to the Secretary 

23 and the Secretary of Transportation on the use of grant 

24 funds. 

25 (j) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) SECURITY ASSISTANCE.—There is author2 ized to be appropriated to the Secretary 

3 $600,000,000 for each of fiscal years 2008 through 

4 2011 to make grants under this section. 

5 (2) TRANSFER OF FUNDS.—Not later than 5 

6 days after the date on which funds are appropriated 

7 to carry out this section for a fiscal year, the Sec8 retary shall transfer such funds to the Secretary of 

9 Transportation to make grants under this section. 

10 (3) PERIOD OF AVAILABILITY.—Sums appro11 priated to carry out this section shall remain avail12 able until expended. 

13 SEC. 8. PUBLIC TRANSPORTATION SECURITY ASSISTANCE. 

14 (a) ESTABLISHMENT OF PROGRAM.—The Secretary, 

15 in coordination with the Secretary of Transportation, shall 

16 establish a program for the Secretary of Transportation 

17 to make grants under this section. 

18 (b) SECURITY ASSISTANCE.—The Secretary of 

19 Transportation, in coordination with the Secretary, shall 

20 make, in accordance with the priorities established under 

21 subsection (e), grants to eligible designated recipients for 

22 security improvements described in subsection (c). 

23 (c) USES OF FUNDS.—A recipient of a grant under 

24 subsection (a) may use the grant funds for one or more 

25 of the following: 


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1 (1) Perimeter protection systems, including ac2 cess control, installation improved lighting, fencing, 

3 and barricades. 

4 (2) Security improvements to stations and other 

5 public transportation infrastructure. 

6 (3) Tunnel protection systems. 

7 (4) Evacuation improvements. 

8 (5) Inspection technologies, including verified 

9 visual inspection technologies using hand-held read10 ers and discs. 

11 (6) Communications equipment, including mo12 bile service equipment to provide access to emer13 gency services in an underground fixed guideway 

14 system. 

15 (7) Chemical, biological, radiological, or explo16 sive detection, including canine patrols for such de17 tection. 

18 (8) Surveillance equipment. 

19 (9) Emergency response equipment, including 

20 fire suppression and decontamination equipment, 

21 personal protective equipment, and defibrillators. 

22 (10) Global positioning or electronic tracking 

23 equipment. 

24 (11) Redundant critical operations control sys25 tems. 


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1 (12) Public awareness campaigns for enhanced 

2 public transportation security. 

3 (13) Security awareness, preparedness, and re4 sponse training for public transportation employees, 

5 including training under section 11. 

6 (14) Live or simulated exercises described in 

7 section 12. 

8 (15) Overtime reimbursement for additional se9 curity personnel during significant national and 

10 international public events. 

11 (16) Such other security improvements as the 

12 Secretary, in coordination with the Secretary of 

13 Transportation, considers appropriate. 

14 (d) ELIGIBILITY.—A designated recipient is eligible 

15 for a grant under this section if the designated recipient 

16 has developed a security plan that the Secretary has ap17 proved under section 5. 

18 (e) SECURITY IMPROVEMENT PRIORITIES.— 

19 (1) IN GENERAL.—The Secretary, in coordina20 tion with the Secretary of Transportation, shall es21 tablish security improvement priorities for each des22 ignated recipient that conducts or updates a vulner23 ability assessment described in section 5. 


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1 (2) CONSULTATION; PRIORITIZED PLAN.—The 

2 Secretary shall establish priorities under paragraph 

3 (1) for a designated recipient— 

4 (A) in consultation with the management 

5 and employee representatives of the designated 

6 recipient; and 

7 (B) in a manner that is consistent with the 

8 list of needed security improvements described 

9 in section 5(d)(1). 

10 (f) FEDERAL SHARE.— 

11 (1) IN GENERAL.—Except as provided in para12 graphs (2) and (3), a grant for a project under this 

13 section shall be for 80 percent of the net cost of the 

14 project. 

15 (2) SMALL PROJECT EXCEPTION.—If a grant 

16 under this section is for a project with a net cost of 

17 $25,000 or less, the Federal share for the grant 

18 shall be for 100 percent of such cost. 

19 (3) NATIONAL SECURITY EXCEPTION.—If the 

20 Secretary determines, upon written notice to the ap21 propriate congressional committees, that a higher 

22 Federal share for a grant under this section is nec23 essary to respond to an urgent threat to national se24 curity, the Secretary may increase the Federal share 


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1 for the grant to up to 100 percent of the net cost 

2 of the project. 

3 (g) SUBJECT TO CERTAIN TERMS AND CONDI4 TIONS.—Except as otherwise specifically provided in this 

5 section, a grant provided under this section shall be sub6 ject to the terms and conditions applicable to a grant 

7 made under section 5307 of title 49, United States Code, 

8 and such other terms and conditions as are determined 

9 necessary by the Secretary or the Secretary of Transpor10 tation. 

11 (h) LIMITATION ON USES OF FUNDS.—Grants made 

12 under this section may not be used to— 

13 (1) supplant State or local funds for activities 

14 described in subsection (c); and 

15 (2) make any State or local government cost16 sharing contribution under any other law. 

17 (i) ANNUAL REPORTS.—Each recipient of a grant 

18 under this section shall report annually to the Secretary 

19 and the Secretary of Transportation on the use of the 

20 grant funds. 

21 (j) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) SECURITY ASSISTANCE.—There are author23 ized to be appropriated to the Secretary to make 

24 grants under this section— 

25 (A) $775,000,000 for fiscal year 2008; 


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1 (B) $825,000,000 for fiscal year 2009; 

2 (C) $880,000,000 for fiscal year 2010; and 

3 (D) $880,000,000 for fiscal year 2011. 

4 (2) TRANSFER OF FUNDS.—Not later than 5 

5 days after the date on which funds are appropriated 

6 to carry out this section for a fiscal year, the Sec7 retary shall transfer such funds to the Secretary of 

8 Transportation to make grants under this section. 

9 (3) PERIOD OF AVAILABILITY.—Sums appro10 priated to carry out this section shall remain avail11 able until expended. 

12 SEC. 9. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 

13 (a) ESTABLISHMENT OF PROGRAM.—The Secretary, 

14 in coordination with the Secretary of Transportation, shall 

15 establish a program for the Secretary of Transportation 

16 to make grants under this section. 

17 (b) SECURITY ASSISTANCE.—The Secretary of 

18 Transportation, in coordination with the Secretary, shall 

19 make, in accordance with the priorities established under 

20 subsection (e), grants to eligible private operators pro21 viding transportation by over-the-road bus for security im22 provements described in subsection (c). 

23 (c) USES OF FUNDS.—A recipient of a grant received 

24 under subsection (a) may use the grant funds for one or 

25 more of the following: 


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1 (1) Constructing and modifying terminals, ga2 rages, facilities, or over-the-road buses to assure 

3 their security. 

4 (2) Protecting or isolating the driver of an over5 the-road bus. 

6 (3) Acquiring, upgrading, installing, or oper7 ating equipment, software, or accessorial services for 

8 collection, storage, or exchange of passenger and 

9 driver information through ticketing systems or oth10 erwise and for information links with government 

11 agencies. 

12 (4) Installing cameras and video surveillance 

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

14 garages, and over-the-road bus facilities. 

15 (5) Establishing and improving an emergency 

16 communications system linking drivers and over-the17 road buses to the recipient’s operations center or 

18 linking the operations center to law enforcement and 

19 emergency personnel. 

20 (6) Implementing and operating passenger 

21 screening programs for weapons and explosives. 

22 (7) Chemical, biological, radiological, or explo23 sives detection, including canine patrols for such de24 tection. 


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1 (8) Public awareness campaigns for enhanced 

2 over-the-road bus security. 

3 (9) Security awareness, preparedness, and re4 sponse training for over-the-road bus employees, in5 cluding training under section 11. 

6 (10) Live or simulated exercises described in 

7 section 12. 

8 (11) Overtime reimbursement for additional se9 curity personnel during significant national and 

10 international public events. 

11 (12) Such other security improvements as the 

12 Secretary, in coordination with the Secretary of 

13 Transportation, considers appropriate. 

14 (d) ELIGIBILITY.—A private operator providing 

15 transportation by an over-the-road bus is eligible for a 

16 grant under this section if the operator has developed a 

17 security plan that the Secretary has approved under sec18 tion 5. 

19 (e) SECURITY IMPROVEMENT PRIORITIES.— 

20 (1) IN GENERAL.—The Secretary, in coordina21 tion with the Secretary of Transportation, shall es22 tablish security improvement priorities for each pri23 vate operator providing transportation by an over24 the-road bus that conducts or updates a vulner25 ability assessment under section 5. 


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1 (2) CONSULTATION.—In carrying out this sub2 section, the Secretary and the Secretary of Trans3 portation shall consult with over-the-road bus man4 agement and labor representatives, public safety and 

5 law enforcement officials, and the National Academy 

6 of Sciences. 

7 (f) FEDERAL SHARE.— 

8 (1) IN GENERAL.—Except as provided in para9 graphs (2) and (3), a grant for a project under this 

10 section shall be for 80 percent of the net cost of the 

11 project. 

12 (2) SMALL PROJECT EXCEPTION.—If a grant 

13 under this section is for a project with a net cost of 

14 $25,000 or less, the Federal share for the grant 

15 shall be for 100 percent of such cost. 

16 (3) NATIONAL SECURITY EXCEPTION.—If the 

17 Secretary determines, upon written notice to the ap18 propriate congressional committees, that a higher 

19 Federal share for a grant under this section is nec20 essary to respond to an urgent threat to national se21 curity, the Secretary may increase the Federal share 

22 for the grant to up to 100 percent of the net cost 

23 of the project. 

24 (g) TERMS AND CONDITIONS.—Except as otherwise 

25 specifically provided in this section, a grant made under 


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•HR 1269 IH

1 this section shall be subject to the terms and conditions 

2 applicable to subrecipients who provide intercity bus trans3 portation under section 5311(f) of title 49, United States 

4 Code, and such other terms and conditions as are deter5 mined necessary by the Secretary or the Secretary of 

6 Transportation. 

7 (h) LIMITATION ON USES OF FUNDS.—A grant made 

8 under this section may not be used to— 

9 (1) supplant State or local funds for activities 

10 described in subsection (c); and 

11 (2) make any State or local government cost12 sharing contribution under any other law. 

13 (i) ANNUAL REPORTS.—Each recipient of a grant 

14 under this section shall report annually to the Secretary 

15 and the Secretary of Transportation on the use of such 

16 grant funds. 

17 (j) AUTHORIZATION.— 

18 (1) IN GENERAL.—There is authorized to be 

19 appropriated to the Secretary make grants under 

20 this section— 

21 (A) $12,000,000 for fiscal year 2008; 

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

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

24 (D) $25,000,000 for fiscal year 2011. 


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•HR 1269 IH

1 (2) TRANSFER OF FUNDS.—Not later than 5 

2 days after the date on which funds are appropriated 

3 to carry out this section for a fiscal year, the Sec4 retary shall transfer such funds to the Secretary of 

5 Transportation to make grants under this section. 

6 (3) PERIOD OF AVAILABILITY.—Sums appro7 priated to carry out this section shall remain avail8 able until expended. 

9 SEC. 10. FIRE AND LIFE SAFETY IMPROVEMENTS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Secretary of 

12 Transportation for making grants to the National Rail13 road Passenger Corporation (in this section referred to as 

14 ‘‘Amtrak’’) for the purpose of carrying out projects to 

15 make fire and life safety improvements to Amtrak tunnels 

16 on the Northeast Corridor the following amounts: 

17 (1) For the 6 tunnels in New York City, New 

18 York, to provide ventilation, electrical, and fire safe19 ty technology improvements, emergency communica20 tion and lighting systems, and emergency access and 

21 egress for passengers— 

22 (A) $25,000,000 for fiscal year 2008; 

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

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

25 (D) $25,000,000 for fiscal year 2011. 


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1 (2) For the Baltimore & Potomac Tunnel and 

2 the Union Tunnel in Baltimore, Maryland, to pro3 vide adequate drainage and ventilation, communica4 tion, lighting, and passenger egress improvements— 

5 (A) $5,000,000 for fiscal year 2008; 

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

7 (C) $5,000,000 for fiscal year 2010; and 

8 (D) $5,000,000 for fiscal year 2011. 

9 (3) For the Union Station tunnels in the Dis10 trict of Columbia to provide ventilation, communica11 tion, lighting, and passenger egress improvements— 

12 (A) $5,000,000 for fiscal year 2008; 

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

14 (C) $5,000,000 for fiscal year 2010; and 

15 (D) $5,000,000 for fiscal year 2011. 

16 (b) AVAILABILITY OF AMOUNTS.—Amounts appro17 priated pursuant to this section shall remain available 

18 until expended. 

19 SEC. 11. SECURITY TRAINING PROGRAM. 

20 (a) IN GENERAL.—Not later than 90 days after the 

21 date of enactment of this Act, the Secretary, in coordina22 tion with the Secretary of Transportation, shall— 

23 (1) develop a security training program to pre24 pare railroad, public transportation, and over-the25 road bus workers for potential threat conditions; and 


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1 (2) issue detailed guidance for the program. 

2 (b) CONSULTATION.—The Secretary shall develop the 

3 guidance under subsection (a)(2) in consultation with— 

4 (1) appropriate law enforcement, fire service, 

5 security, and terrorism experts; 

6 (2) representatives of providers of covered 

7 transportation; and 

8 (3) nonprofit employee labor organizations rep9 resenting one or more of the following: railroad 

10 workers, public transportation workers, and over11 the-road bus workers. 

12 (c) PROGRAM ELEMENTS.—The guidance developed 

13 under subsection (a)(2) shall require security training pro14 grams described in subsection (a) to include, at a min15 imum, elements to address the following: 

16 (1) Determination of the seriousness of any oc17 currence or threat. 

18 (2) Crew and passenger communication and co19 ordination. 

20 (3) Appropriate responses to defend oneself, in21 cluding using nonlethal self-defense devices. 

22 (4) Use of protective devices. 

23 (5) Evacuation procedures for passengers and 

24 workers, including individuals with disabilities. 


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1 (6) Live situational training exercises regarding 

2 various threat conditions, including tunnel evacu3 ation procedures. 

4 (7) Recognition and reporting of dangerous 

5 substances and suspicious packages, persons, and 

6 situations. 

7 (8) Understanding security incident procedures, 

8 including procedures for communicating with gov9 ernmental and nongovernmental emergency response 

10 providers. 

11 (9) Operation and maintenance of security 

12 equipment and systems. 

13 (10) Any other subject the Secretary considers 

14 appropriate. 

15 (d) REQUIRED PROGRAMS.— 

16 (1) DEVELOPMENT AND SUBMISSION TO SEC17 RETARY.—Not later than 60 days after the Sec18 retary issues guidance under subsection (a)(2) in 

19 final form, each provider of covered transportation 

20 shall develop a security training program in accord21 ance with the guidance and submit the program to 

22 the Secretary for approval. 

23 (2) APPROVAL.—Not later than 60 days after 

24 receiving a security training program under this sub25 section, the Secretary shall approve the program or 


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1 require the provider of covered transportation that 

2 developed the program to make any revisions to the 

3 program that the Secretary considers necessary for 

4 the program to meet the guidance requirements. 

5 (3) TRAINING.—Not later than 1 year after the 

6 Secretary approves a security training program 

7 under this subsection, the provider of covered trans8 portation that developed the program shall complete 

9 the training of all workers covered under the pro10 gram. 

11 (4) UPDATES.—The Secretary shall update the 

12 training guidance issued under subsection (a)(2) 

13 from time to time to reflect new or different security 

14 threats and require providers of covered transpor15 tation to revise their programs accordingly and pro16 vide additional training to their workers. 

17 SEC. 12. SECURITY EXERCISES. 

18 (a) IN GENERAL.—The Secretary shall establish a 

19 program for conducting security exercises for covered 

20 transportation for the purpose of testing and evaluating 

21 the capabilities of entities described in subsection (b) to 

22 prevent, prepare for, mitigate against, respond to, and re23 cover from acts of terrorism involving covered transpor24 tation. 


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1 (b) COVERED ENTITIES.—Entities to be tested and 

2 evaluated under the program shall include— 

3 (1) Federal, State, and local agencies and tribal 

4 governments; 

5 (2) employees and managers of providers of 

6 covered transportation; 

7 (3) governmental and nongovernmental emer8 gency response providers and law enforcement per9 sonnel, including railroad and transit police; and 

10 (4) any other organization or entity that the 

11 Secretary determines appropriate. 

12 (c) REQUIREMENTS.—The Secretary shall ensure 

13 that the program— 

14 (1) consolidates all existing security exercises 

15 for covered transportation administered by the De16 partment; 

17 (2) requires, on a periodic basis at the facilities 

18 of a provider of covered transportation, exercises to 

19 be conducted that are— 

20 (A) scaled and tailored to the needs of the 

21 facilities; 

22 (B) live, in the case of the most at-risk fa23 cilities to a terrorist attack; 


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1 (C) as realistic as practicable and based on 

2 current risk assessments, including credible 

3 threats, vulnerabilities, and consequences; and 

4 (D) consistent with the National Incident 

5 Management System, the National Response 

6 Plan, the National Infrastructure Protection 

7 Plan, the National Preparedness Guidance, the 

8 National Preparedness Goal, and other such na9 tional initiatives; 

10 (3) provides that exercises described in para11 graph (2) will be— 

12 (A) evaluated against clear and consistent 

13 performance measures; 

14 (B) assessed to learn best practices, which 

15 shall be shared with appropriate Federal, State, 

16 local, and tribal officials, governmental and 

17 nongovernmental emergency response providers, 

18 law enforcement personnel, including railroad 

19 and transit police, and appropriate stake20 holders; and 

21 (C) followed by remedial action in response 

22 to lessons learned; and 

23 (4) assists State and local governments and 

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1 plementing, and evaluating exercises that conform to 

2 the requirements of paragraph (2). 

3 (d) REMEDIAL ACTION MANAGEMENT PROGRAM.— 

4 The Secretary shall utilize the remedial action manage5 ment program of the Federal Emergency Management 

6 Agency to— 

7 (1) identify and analyze each exercise conducted 

8 under the program for lessons learned and best 

9 practices; 

10 (2) disseminate lessons learned and best prac11 tices to participants in the program; 

12 (3) monitor the implementation of lessons 

13 learned and best practices by participants in the 

14 program; and 

15 (4) conduct remedial action tracking and long16 term trend analysis. 

17 SEC. 13. SECURITY RESEARCH AND DEVELOPMENT. 

18 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP19 MENT PROGRAM.—The Secretary shall carry out a re20 search and development program for the purpose of im21 proving the security of covered transportation. 

22 (b) ELIGIBLE PROJECTS.—The research and develop23 ment program may include projects— 

24 (1) to reduce the vulnerability of passenger 

25 trains, stations, and equipment to explosives and 


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1 hazardous chemical, biological, and radioactive sub2 stances; 

3 (2) to test new emergency response and recov4 ery techniques and technologies; 

5 (3) to develop improved freight railroad tech6 nologies, including— 

7 (A) technologies for sealing and modifying 

8 rail tank cars; 

9 (B) automatic inspection of railroad cars; 

10 (C) communication-based train controls; 

11 (D) signal system integrity at switches; 

12 (E) emergency response training, including 

13 training in a tunnel environment; 

14 (F) security and redundancy for critical 

15 communications, electrical power, computer, 

16 and train control systems; and 

17 (G) technologies for securing bridges and 

18 tunnels; 

19 (4) to test wayside detectors that can detect 

20 tampering with railroad equipment; 

21 (5) to support enhanced security for the trans22 portation of hazardous materials by railroad; 

23 (6) to mitigate damages in the event of a 

24 cyberattack; and 


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1 (7) to address other vulnerabilities and risks 

2 identified by the Secretary. 

3 (c) COORDINATION WITH OTHER RESEARCH INITIA4 TIVES.—The Secretary shall— 

5 (1) ensure that the research and development 

6 program is consistent with the National Strategy for 

7 Rail and Public Transportation Security developed 

8 under section 3; and 

9 (2) to the greatest extent practicable, coordi10 nate the research and development activities of the 

11 Department with other ongoing research and devel12 opment security related initiatives, including re13 search being conducted by— 

14 (A) the National Academy of Sciences; 

15 (B) the Department of Transportation, in16 cluding university transportation centers and 

17 other institutes, centers, and simulators funded 

18 by the Department of Transportation; 

19 (C) the Technical Support Working Group; 

20 (D) other Federal departments and agen21 cies; and 

22 (E) other Federal and private research lab23 oratories and research entities with the capa24 bility to conduct both practical and theoretical 

25 research and technical systems analysis. 


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1 (d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIB2 ERTIES ISSUES.— 

3 (1) CONSULTATION.—In carrying out research 

4 and development projects under this section, the 

5 Secretary shall consult with the Chief Privacy Offi6 cer of the Department and the Officer for Civil 

7 Rights and Civil Liberties of the Department as ap8 propriate. 

9 (2) PRIVACY IMPACT ASSESSMENTS.—In ac10 cordance with sections 222 and 705 of the Home11 land Security Act of 2002 (6 U.S.C. 142; 345), the 

12 Chief Privacy Officer shall conduct privacy impact 

13 assessments and the Officer for Civil Rights and 

14 Civil Liberties shall conduct reviews, as appropriate, 

15 for research and development initiatives developed 

16 under this section. 

17 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to the Secretary to carry 

19 out this section— 

20 (1) $50,000,000 for fiscal year 2008; 

21 (2) $50,000,000 for fiscal year 2009 

22 (3) $50,000,000 for fiscal year 2010; and 

23 (4) $50,000,000 for fiscal year 2011. 

24 Such sums shall remain available until expended. 


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1 SEC. 14. WHISTLEBLOWER PROTECTIONS. 

2 (a) IN GENERAL.—No covered individual may be dis3 charged, demoted, suspended, threatened, harassed, rep4 rimanded, investigated, or in any other manner discrimi5 nated against (including by a denial, suspension, or rev6 ocation of a security clearance or by any other security 

7 access determination) if such discrimination is due, in 

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

9 been done, or intended to be done by the covered indi10 vidual— 

11 (1) to provide information, cause information to 

12 be provided, or otherwise assist in an investigation 

13 regarding any conduct which the covered individual 

14 reasonably believes constitutes a violation of any 

15 law, rule, or regulation relating to national or home16 land security, which the covered individual reason17 ably believes constitutes a threat to national or 

18 homeland security, or which the covered individual 

19 reasonably believes constitutes fraud, waste, or mis20 management of Government funds intended to be 

21 used for national or homeland security, if the infor22 mation or assistance is provided to or the investiga23 tion is conducted by— 

24 (A) a Federal, State, or local regulatory or 

25 law enforcement agency (including an office of 

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1 eral Act of 1978 (5 U.S.C. app.; Public Law 

2 95–452); 

3 (B) any Member of Congress, any com4 mittee of Congress, or the Government Ac5 countability Office; or 

6 (C) a person with supervisory authority 

7 over the covered individual (or such other per8 son who has the authority to investigate, dis9 cover, or terminate misconduct); 

10 (2) to file, cause to be filed, testify, participate 

11 in, or otherwise assist in a proceeding or action filed 

12 or about to be filed relating to an alleged violation 

13 of any law, rule, or regulation relating to national or 

14 homeland security; or 

15 (3) to refuse to violate or assist in the violation 

16 of any law, rule, or regulation relating to national or 

17 homeland security. 

18 (b) ENFORCEMENT ACTION.— 

19 (1) IN GENERAL.—A covered individual who al20 leges discharge or other discrimination by any per21 son in violation of subsection (a) may seek relief 

22 under subsection (c) by— 

23 (A) filing a complaint with the Secretary of 

24 Labor; or 


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1 (B) if the Secretary of Labor has not 

2 issued a final decision within 180 days after the 

3 filing of the complaint and there is no showing 

4 that such delay is due to the bad faith of the 

5 claimant, bringing an action at law or equity 

6 for de novo review in the appropriate district 

7 court of the United States, which shall have ju8 risdiction over such an action without regard to 

9 the amount in controversy. 

10 (2) PROCEDURE.— 

11 (A) IN GENERAL.—An action under para12 graph (1)(A) shall be governed under the rules 

13 and procedures set forth in section 42121(b) of 

14 title 49, United States Code. 

15 (B) EXCEPTION.—Notification made under 

16 section 42121(b)(1) of title 49, United States 

17 Code, shall be made to the person named in the 

18 complaint and to the person’s employer. 

19 (C) BURDENS OF PROOF.—An action 

20 brought under paragraph (1)(B) shall be gov21 erned by the legal burdens of proof set forth in 

22 section 42121(b) of title 49, United States 

23 Code. 

24 (D) STATUTE OF LIMITATIONS.—An action 

25 under paragraph (1) shall be commenced not 


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1 later than 1 year after the date on which the 

2 violation occurs. 

3 (c) REMEDIES.— 

4 (1) IN GENERAL.—A covered individual pre5 vailing in any action under subsection (b)(1) shall be 

6 entitled to all relief necessary to make the covered 

7 individual whole. 

8 (2) DAMAGES.—Relief for any action under 

9 paragraph (1) shall include— 

10 (A) reinstatement with the same seniority 

11 status that the covered individual would have 

12 had, but for the discrimination; 

13 (B) the amount of any backpay, with inter14 est; 

15 (C) compensation for any special damages 

16 sustained as a result of the discrimination, in17 cluding litigation costs, expert witness fees, and 

18 reasonable attorney fees; and 

19 (D) punitive damages in an amount not to 

20 exceed the greater of 3 times the amount of any 

21 compensatory damages awarded under this sec22 tion or $5,000,000. 

23 (d) STATE SECRETS PRIVILEGE.—If, in any action 

24 brought under subsection (b)(1)(B), the Government as25 serts as a defense the privilege commonly referred to as 


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1 the ‘‘state secrets privilege’’ and the assertion of such 

2 privilege prevents the plaintiff from establishing a prima 

3 facie case in support of the plaintiff’s claim, the court shall 

4 enter judgment for the plaintiff and shall determine the 

5 relief to be granted. 

6 (e) CRIMINAL PENALTIES.— 

7 (1) IN GENERAL.—It shall be unlawful for any 

8 person employing a covered individual to commit an 

9 act prohibited by subsection (a). Any person vio10 lating this paragraph shall be fined under title 18, 

11 United States Code, imprisoned not more than 10 

12 years, or both. 

13 (2) REPORTING REQUIREMENT.— 

14 (A) IN GENERAL.—The Attorney General 

15 shall submit to the appropriate congressional 

16 committees an annual report on the enforce17 ment of paragraph (1). 

18 (B) CONTENTS.—Each such report shall— 

19 (i) identify each case in which formal 

20 charges under paragraph (1) were brought; 

21 (ii) describe the status or disposition 

22 of each such case; and 

23 (iii) in any actions under subsection 

24 (b)(1)(B) in which the covered individual 

25 was the prevailing party or the substanVerDate Aug 31 2005 23:27 Mar 01, 2007 Jkt 059200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H1269.IH H1269

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1 tially prevailing party, indicate whether or 

2 not any formal charges under paragraph 

3 (1) have been brought and, if not, the rea4 sons therefor. 

5 (f) RIGHTS RETAINED BY COVERED INDIVIDUAL.— 

6 Nothing in this section shall be deemed to diminish the 

7 rights, privileges, or remedies of any covered individual 

8 under any Federal or State law or under any collective 

9 bargaining agreement. The rights and remedies in this 

10 section may not be waived by any agreement, policy, form, 

11 or condition of employment. 

12 (g) DEFINITIONS.—In this section, the following defi13 nitions apply: 

14 (1) COVERED INDIVIDUAL.—The term ‘‘covered 

15 individual’’ means an employee of— 

16 (A) the Department; 

17 (B) the Department of Transportation; 

18 (C) a contractor or subcontractor; and 

19 (D) an employer within the meaning of 

20 section 701(b) of the Civil Rights Act of 1964 

21 (42 U.S.C. 2000e(b)) and who is a provider of 

22 covered transportation. 

23 (2) LAWFUL.—The term ‘‘lawful’’ means not 

24 specifically prohibited by law, except that, in the 

25 case of any information the disclosure of which is 


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1 specifically prohibited by law or specifically required 

2 by Executive order to be kept secret in the interest 

3 of national defense or the conduct of foreign affairs, 

4 any disclosure of such information to any Member of 

5 Congress, committee of Congress, or other recipient 

6 authorized to receive such information, shall be 

7 deemed lawful. 

8 (3) CONTRACTOR.—The term ‘‘contractor’’ 

9 means a person who has entered into a contract with 

10 the Department, the Department of Transportation, 

11 or a provider of covered transportation. 

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

13 means— 

14 (A) with respect to an employer referred to 

15 in paragraph (1)(A) or (1)(B), an employee as 

16 defined by section 2105 of title 5, United States 

17 Code; and 

18 (B) with respect to an employer referred to 

19 in paragraph (1)(A) or (1)(B), any officer, 

20 partner, employee, or agent. 

21 (5) SUBCONTRACTOR.—The term ‘‘subcon22 tractor’’— 

23 (A) means any person, other than the con24 tractor, who offers to furnish or furnishes any 

25 supplies, materials, equipment, or services of 


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1 any kind under a contract with the Depart2 ment, the Department of Transportation, or a 

3 provider of covered transportation; and 

4 (B) includes any person who offers to fur5 nish or furnishes general supplies to the con6 tractor or a higher tier subcontractor. 

7 (6) PERSON.—The term ‘‘person’’ means a cor8 poration, partnership, State entity, business associa9 tion of any kind, trust, joint-stock company, or indi10 vidual. 

11 SEC. 15. INCREASE IN SURFACE TRANSPORTATION SECU12 RITY INSPECTORS. 

13 (a) IN GENERAL.—The Secretary shall increase the 

14 total number of positions for full-time surface transpor15 tation security inspectors of the Department so that by 

16 December 31, 2010, the total number of such positions 

17 is at least 500. 

18 (b) QUALIFICATIONS.—Surface transportation secu19 rity inspectors hired by the Secretary shall have at least 

20 5 years experience in transportation security. 

21 (c) ROLES AND RESPONSIBILITIES.—The Secretary, 

22 in coordination with the Secretary of Transportation, shall 

23 develop a standard operating procedure clearly defining 

24 the relationship between— 


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1 (1) surface transportation security inspectors of 

2 the Department; 

3 (2) safety and security inspectors of the De4 partment of Transportation; 

5 (3) State and local law enforcement officers; 

6 and 

7 (4) other law enforcement personnel, including 

8 railroad and transit police. 

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated to the Secretary to carry 

11 out subsection (a) such sums as may be necessary. Such 

12 sums shall remain available until expended. 

13 SEC. 16. NATIONAL DOMESTIC PREPAREDNESS CONSOR14 TIUM. 

15 (a) IN GENERAL.—There is in the Department of 

16 Homeland Security a National Domestic Preparedness 

17 Consortium. 

18 (b) MEMBERS.—The National Domestic Prepared19 ness Consortium that identifies, develops, tests, and deliv20 ers training to State, local, and tribal emergency response 

21 providers, provides onsite and mobile training at the per22 formance and management and planning levels, and facili23 tates the delivery of awareness level training by the train24 ing partners of the Department shall consist of— 

25 (1) the Center for Domestic Preparedness; 


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1 (2) the National Energetic Materials Research 

2 and Testing Center, New Mexico Institute of Mining 

3 and Technology; 

4 (3) the National Center for Biomedical Re5 search and Training, Louisiana State University; 

6 (4) the National Emergency Response and Res7 cue Training Center, Texas A&M University; 

8 (5) the National Exercise, Test, and Training 

9 Center, Nevada Test Site; and 

10 (6) the Transportation Technology Center in 

11 Pueblo, Colorado. 

12 SEC. 17. TSA PERSONNEL LIMITATIONS. 

13 Any statutory limitation on the number of employees 

14 in the Transportation Security Administration does not 

15 apply to employees carrying out this Act. 

16 SEC. 18. PENALTIES. 

17 (a) REGULATIONS AND ORDERS OF THE SECRETARY

18 OF HOMELAND SECURITY UNDER TITLE 49, UNITED

19 STATES CODE.—Section 114 of title 49, United States 

20 Code, is amended by adding at the end the following: 

21 ‘‘(u) CIVIL PENALTIES AND ENFORCEMENT OF REG22 ULATIONS AND ORDERS OF THE SECRETARY OF HOME23 LAND SECURITY.— 

24 ‘‘(1) APPLICATION.—This subsection applies to 

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1 ders issued, by the Secretary of Homeland Security 

2 under a provision of chapter 701 of title 46 and this 

3 title (other than chapter 449) (in this subsection re4 ferred to as an ‘applicable provision of this title’). 

5 Penalties for violation of regulations prescribed, and 

6 orders issued, by the Secretary of Homeland Secu7 rity under a provision of chapter 449 are provided 

8 under chapter 463. 

9 ‘‘(2) GENERAL CIVIL PENALTIES.— 

10 ‘‘(A) MAXIMUM CIVIL PENALTIES.—A per11 son is liable to the United States Government 

12 for a civil penalty of not more than $10,000 for 

13 a violation of a regulation prescribed, or order 

14 issued, by the Secretary of Homeland Security 

15 under an applicable provision of this title. 

16 ‘‘(B) SEPARATE VIOLATIONS.—A separate 

17 violation occurs under this paragraph for each 

18 day the violation continues. 

19 ‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL

20 PENALTIES.— 

21 ‘‘(A) IN GENERAL.—The Secretary of 

22 Homeland Security may impose a civil penalty 

23 for a violation of a regulation prescribed, or 

24 order issued, under an applicable provision of 

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1 tice of the finding of a violation and the pen2 alty. 

3 ‘‘(B) CIVIL ACTIONS TO COLLECT PEN4 ALTIES.—In a civil action to collect a civil pen5 alty imposed by the Secretary under this para6 graph, the issues of liability and the amount of 

7 the penalty may not be reexamined. 

8 ‘‘(C) EXCLUSIVE JURISDICTION OF DIS9 TRICT COURTS.—Notwithstanding subpara10 graph (A) of this paragraph, the district courts 

11 of the United States have exclusive jurisdiction 

12 of a civil action involving a penalty that the 

13 Secretary initiates if— 

14 ‘‘(i) the amount in controversy is 

15 more than— 

16 ‘‘(I) $400,000 if the violation 

17 was committed by a person other than 

18 an individual or small business con19 cern; or 

20 ‘‘(II) $50,000 if the violation was 

21 committed by an individual or small 

22 business concern; 

23 ‘‘(ii) the action is in rem or another 

24 action in rem based on the same violation 

25 has been brought; or 


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1 ‘‘(iii) another action has been brought 

2 for an injunction based on the same viola3 tion. 

4 ‘‘(D) MAXIMUM CIVIL PENALTIES IMPOSED

5 BY THE SECRETARY.—The maximum civil pen6 alty the Secretary may impose under this para7 graph is— 

8 ‘‘(i) $400,000 if the violation was 

9 committed by a person other than an indi10 vidual or small business concern; or 

11 ‘‘(ii) $50,000 if the violation was com12 mitted by an individual or small business 

13 concern. 

14 ‘‘(E) NOTICE AND OPPORTUNITY FOR

15 HEARING.—Before imposing a penalty under 

16 this section the Secretary shall provide to the 

17 person against whom the penalty is to be im18 posed— 

19 ‘‘(i) written notice of the proposed 

20 penalty; and 

21 ‘‘(ii) the opportunity to request, not 

22 later than 30 days after the date on which 

23 the person receives the notice, a hearing on 

24 the proposed penalty. 

25 ‘‘(4) COMPROMISE AND SETOFF.— 


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1 ‘‘(A) COMPROMISE.—The Secretary may 

2 compromise the amount of a civil penalty im3 posed under this subsection. 

4 ‘‘(B) SETOFF.—The Government may de5 duct the amount of a civil penalty imposed or 

6 compromised under this subsection from 

7 amounts it owes the person liable for the pen8 alty. 

9 ‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—The 

10 provisions set forth in chapter 461 shall be applica11 ble to investigations and proceedings brought under 

12 this subsection to the same extent that they are ap13 plicable to investigations and proceedings brought 

14 with respect to aviation security duties designated to 

15 be carried out by the Secretary. 

16 ‘‘(6) NONAPPLICATION.— 

17 ‘‘(A) PERSONS SUBJECT TO PENALTIES

18 DETERMINED BY THE SECRETARY OF DE19 FENSE.—Paragraphs (1) through (4) of this 

20 subsection do not apply to the following per21 sons, who shall be subject to penalties as deter22 mined by the Secretary of Defense or the Sec23 retary’s designee: 

24 ‘‘(i) The transportation of personnel 

25 or shipments of materials by contractors 


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1 where the Department of Defense has as2 sumed control and responsibility. 

3 ‘‘(ii) A member of the Armed Forces 

4 of the United States when performing offi5 cial duties. 

6 ‘‘(iii) A civilian employee of the De7 partment of Defense when performing offi8 cial duties. 

9 ‘‘(B) POSTAL SERVICE; DEPARTMENT OF

10 DEFENSE.—In this subsection, the term ‘per11 son’ does not include— 

12 ‘‘(i) the United States Postal Service; 

13 or 

14 ‘‘(ii) the Department of Defense. 

15 ‘‘(7) SMALL BUSINESS CONCERN DEFINED.—In 

16 this subsection, the term ‘small business concern’ 

17 has the meaning given that term in section 3 of the 

18 Small Business Act (15 U.S.C. 632).’’. 

19 (b) CONFORMING AMENDMENT.—Section 

20 46301(a)(4) of title 49, United States Code, is amended 

21 by striking ‘‘or another requirement under this title ad22 ministered by the Under Secretary of Transportation for 

23 Security’’. 

Æ 


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