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Union Calendar No. 36 

110TH CONGRESS 

1ST SESSION H. R. 1401 

[Report No. 110–65, Part I] 

To improve the security of railroads, public transportation, and over-theroad buses in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 8, 2007 

Mr. THOMPSON of Mississippi (for himself, Mr. KING of New York, Ms. JACKSON-LEE of Texas, Mr. DANIEL E. LUNGREN of California, Ms. LORETTA SANCHEZ of California, Mr. MARKEY, Mr. DICKS, Ms. HARMAN, Mrs. 

LOWEY, Ms. NORTON, Ms. ZOE LOFGREN of California, Mrs. 

CHRISTENSEN, Mr. ETHERIDGE, Mr. LANGEVIN, Mr. CUELLAR, Mr. 

CARNEY, Ms. CLARKE, Mr. AL GREEN of Texas, and Mr. PERLMUTTER) 

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 

MARCH 22, 2007 

Reported from the Committee on Homeland Security with an amendment 

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

MARCH 22, 2007 

Committee on Transportation and Infrastructure discharged; committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 


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[For text of introduced bill, see copy of bill as introduced on March 8, 2007] 

A BILL 

To improve the security of railroads, public transportation, 

and over-the-road buses 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 ‘‘Rail 

5 and Public Transportation Security Act of 2007’’. 

6 (b) TABLE OF CONTENTS.— 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—RAIL AND PUBLIC TRANSPORTATION SECURITY 

Sec. 101. National strategy for rail and public transportation security. 

Sec. 102. Assignment of providers of covered transportation to risk-based tiers. 

Sec. 103. Rail and public transportation assessments and plans. 

Sec. 104. Information sharing plan. 

Sec. 105. Rail security assistance. 

Sec. 106. Public transportation security assistance. 

Sec. 107. Over-the-road bus security assistance. 

Sec. 108. Fire and life safety improvements. 

Sec. 109. Security training program. 

Sec. 110. Security exercises. 

Sec. 111. Security research and development. 

Sec. 112. Whistleblower protections. 

Sec. 113. Increase in surface transportation security inspectors. 

Sec. 114. National domestic preparedness consortium. 

Sec. 115. Authorization of Visible Intermodal Protection Response Teams. 

Sec. 116. National Transportation Security Center of Excellence. 

Sec. 117. TSA personnel limitations. 

Sec. 118. Homeland security grants. 

Sec. 119. Threat assessment screening. 

Sec. 120. Background checks for covered individuals. 

Sec. 121. Task force on disqualifying crimes. 

Sec. 122. Penalties. 

Sec. 123. School bus transportation security. 


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Sec. 124. Enhanced security measures for shipments of security sensitive materials. 

Sec. 125. Technology standards and clearinghouse to improve security of covered 

transportation. 

Sec. 126. Rail tank car security testing. 

Sec. 127. Rail radiological and nuclear detection. 

Sec. 128. Requirement to provide preference to qualified anti-terrorism technologies. 

Sec. 129. Promoting liability protections for providers of covered transportation 

and related technologies. 

Sec. 130. International rail security program. 

Sec. 131. Terrorist watchlist and immigration status review at high-risk transportation sites. 

TITLE II—SECURE TRANSPORTATION THROUGH INCREASED USE 

OF CANINE DETECTION TEAMS 

Sec. 201. Increasing the number of canine detection teams for transportation security. 

Sec. 202. National explosives detection canine team program increase. 

Sec. 203. Transportation security administration breeding program increase. 

1 SEC. 2. DEFINITIONS. 

2 In this Act, the following definitions apply: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ has the meaning that term has in section 2 of 

6 the Homeland Security Act of 2002 (6 U.S.C. 101) 

7 and includes the Committees on Homeland Security 

8 and Transportation and Infrastructure of the House 

9 of Representatives and the Committees on Homeland 

10 Security and Governmental Affairs and Commerce, 

11 Science, and Transportation of the Senate. 

12 (2) APPROPRIATE STAKEHOLDERS.—The term 

13 ‘‘appropriate stakeholders’’ means— 

14 (A) providers of covered transportation; 

15 (B) organizations representing providers of 

16 covered transportation; 


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1 (C) nonprofit employee labor organizations 

2 representing railroad, public transportation, or 

3 over-the-road bus workers; 

4 (D) shippers of hazardous material; 

5 (E) manufacturers of railroad and transit 

6 cars; 

7 (F) State departments of transportation, re8 gional agencies, and metropolitan planning or9 ganizations; 

10 (G) public safety officials; 

11 (H) law enforcement and fire service offi12 cials; and 

13 (I) other relevant persons. 

14 (3) COVERED TRANSPORTATION.—The term ‘‘cov15 ered transportation’’ means transportation provided 

16 by a railroad carrier, a provider of public transpor17 tation, or an over-the-road bus. 

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

19 means the Department of Homeland Security. 

20 (5) DESIGNATED RECIPIENT.—The term ‘‘des21 ignated recipient’’ has the meaning that the term has 

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

23 (6) PROVIDER OF COVERED TRANSPORTATION.— 

24 The term ‘‘provider of covered transportation’’ 

25 means— 


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1 (A) with respect to transportation provided 

2 by a railroad carrier, the railroad carrier; 

3 (B) with respect to public transportation, 

4 the public transportation designated recipient 

5 providing the transportation; and 

6 (C) with respect to transportation provided 

7 by an over-the-road bus, the private operator. 

8 (7) OVER-THE-ROAD BUS.—The term ‘‘over-the9 road bus’’ means a bus characterized by an elevated 

10 passenger deck located over a baggage compartment. 

11 (8) PUBLIC TRANSPORTATION.—The term ‘‘pub12 lic transportation’’ has the meaning that term has in 

13 section 5302(a) of title 49, United States Code. 

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

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

16 United States Code. 

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

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

19 20102 of title 49, United States Code. 

20 (11) SECRETARY.—The term ‘‘Secretary’’ means 

21 the Secretary of Homeland Security. 

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

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

24 Rico, the Northern Mariana Islands, the Virgin IsVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 lands, Guam, American Samoa, and any other terri2 tory or possession of the United States. 

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

4 meaning that term has in section 2 of the Homeland 

5 Security Act of 2002 (6 U.S.C. 101). 

6 (14) TRANSPORTATION.—The term ‘‘transpor7 tation’’, as used with respect to an over-the-road-bus, 

8 means the movement of passengers or property by an 

9 over-the-road-bus. 

10 (A) in the jurisdiction of the United States 

11 between a place in a State and a place outside 

12 the State (including a place outside the United 

13 States); or 

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

15 and transportation described in subparagraph 

16 (A). 

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

18 States’’ means the 50 States, the District of Columbia, 

19 Puerto Rico, the Northern Mariana Islands, the Vir20 gin Islands, Guam, American Samoa, and any other 

21 territory or possession of the United States. 


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1 TITLE I—RAIL AND PUBLIC 

2 TRANSPORTATION SECURITY 

3 SEC. 101. NATIONAL STRATEGY FOR RAIL AND PUBLIC 

4 TRANSPORTATION SECURITY. 

5 (a) MODAL PLAN.—Not later than 6 months after the 

6 date of enactment of this Act, the Secretary, in consultation 

7 with the Secretary of Transportation, shall develop and im8 plement the modal plan for covered transportation as re9 quired by section 114(t)(1)(B) of title 49, United States 

10 Code. The modal plan shall be entitled the ‘‘National Strat11 egy for Rail and Public Transportation Security’’ and shall 

12 include, at a minimum— 

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

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

15 government sponsored entities, tribal governments, 

16 and appropriate stakeholders under the plan; 

17 (2) identification of, and a plan to address, gaps 

18 and unnecessary overlaps in the roles, responsibilities, 

19 and authorities described in paragraph (1); 

20 (3) a methodology for how the Department will 

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

22 and make use of existing Federal expertise within the 

23 Department, the Department of Transportation, and 

24 other appropriate agencies; 


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1 (4) a process for providing security clearances to 

2 facilitate intelligence and information sharing with 

3 the entities described in paragraph (1); 

4 (5) a description of— 

5 (A) how the Department has reviewed ter6 rorist attacks on covered transportation through7 out the world in the last 25 years; 

8 (B) the lessons learned from those reviews; 

9 and 

10 (C) how those lessons are being used in cur11 rent and future efforts to secure covered trans12 portation; 

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

14 the Department of Transportation, other appropriate 

15 Federal agencies and private entities to research and 

16 develop new technologies for securing covered trans17 portation; 

18 (7) measurable goals, including objectives, mech19 anisms, and a schedule for enhancing the security of 

20 covered transportation; 

21 (8) a framework for resuming the operation of 

22 covered transportation in the event of an act of ter23 rorism and prioritizing resumption of such oper24 ations; 


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1 (9) a description of current and future public 

2 outreach and educational initiatives designed to in3 form the public on how to prevent, prepare for, re4 spond to, and recover from a terrorist attack on cov5 ered transportation; and 

6 (10) a process for coordinating covered transpor7 tation security strategies and plans, including the 

8 National Infrastructure Protection Plan required by 

9 Homeland Security Presidential Directive 7; Execu10 tive Order: Strengthening Surface Transportation Se11 curity dated December 5, 2006; the Memorandum of 

12 Understanding between the Department and the De13 partment of Transportation on Roles and Respon14 sibilities dated September 28, 2004; the Annex to the 

15 Memorandum of Understanding between the Depart16 ment and the Department of Transportation on Roles 

17 and Responsibilities concerning railroad security 

18 dated September 28, 2006, and the Annex to the 

19 Memorandum of Understanding between the Depart20 ment and the Department of Transportation on Roles 

21 and Responsibilities concering Public Transportation 

22 Security dated September 8, 2005. 

23 (b) ADEQUACY OF EXISTING PLANS AND STRATE24 GIES.—Nothing in this section shall prevent the Secretary 

25 from using existing plans and strategies, including those 


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1 developed or implemented pursuant to section 114(t) of title 

2 49, United States Code, or Homeland Security Presidential 

3 Directive–7, in meeting the requirements of subsection (a). 

4 SEC. 102. ASSIGNMENT OF PROVIDERS OF COVERED TRANS5 PORTATION TO RISK-BASED TIERS. 

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

7 provider of covered transportation to one of the not less than 

8 three risk-based tiers established by the Secretary. 

9 (b) PROVISION OF INFORMATION.—The Secretary may 

10 request, and the provider of covered transportation shall 

11 provide, information necessary for the Secretary to assign 

12 a provider of covered transportation to the appropriate tier 

13 under subsection (a). 

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

15 date a provider of covered transportation is assigned to a 

16 tier under this section, the Secretary shall notify the pro17 vider of the tier to which the provider is assigned and the 

18 reasons for such assignment. 

19 (d) HIGH- AND MEDIUM-RISK TIERS.—At least two 

20 of the tiers established by the Secretary under this section 

21 shall be tiers designated for high- and medium-risk pro22 viders of covered transportation. 


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1 SEC. 103. RAIL AND PUBLIC TRANSPORTATION ASSESS2 MENTS AND PLANS. 

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

4 date of enactment of this Act, the Secretary, in consultation 

5 with the Secretary of Transportation, shall issue regula6 tions that— 

7 (1) require each provider of covered transpor8 tation assigned to a high- or medium-risk tier under 

9 section 102— 

10 (A) to conduct a vulnerability assessment in 

11 accordance with subsections (b) and (c); and 

12 (B) to prepare, submit to the Secretary for 

13 approval, and implement a security plan in ac14 cordance with this section that addresses security 

15 performance requirements under subsection (f); 

16 and 

17 (2) establish standards, and guidelines for vul18 nerability assessments under subsection (c) and secu19 rity plans under subsection (d) and for developing 

20 and implementing such security plans. 

21 (3) establish a security program for providers of 

22 covered transportation not assigned to a high or me23 dium-risk tier under section 102, including a process 

24 for providers to conduct vulnerability assessments and 

25 prepare and implement security plans, as determined 

26 appropriate by the Secretary. 


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

2 months after the date of issuance of the regulations under 

3 subsection (a), the vulnerability assessments and security 

4 plans required by such regulations for a provider of covered 

5 transportation assigned to a high- or medium-risk tier shall 

6 be completed and submitted to the Secretary for review and 

7 approval. 

8 (c) VULNERABILITY ASSESSMENTS.— 

9 (1) REQUIREMENTS.—The Secretary, in con10 sultation with the Secretary of Transportation, shall 

11 provide technical assistance and guidance to pro12 viders of covered transportation in conducting vulner13 ability assessments under this section and shall re14 quire that each vulnerability assessment of a provider 

15 of covered transportation assigned to a high-or me16 dium-risk tier under section 102 include, at a min17 imum— 

18 (A) identification and evaluation of critical 

19 covered transportation assets and infrastructures 

20 of the provider, including platforms, stations, 

21 bus and intermodal terminals, tunnels, bridges, 

22 switching and storage areas, and information 

23 systems; 

24 (B) identification of the threats to those as25 sets and infrastructures; 


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1 (C) identification of the security weaknesses 

2 of the covered transportation in— 

3 (i) physical security; 

4 (ii) passenger and cargo security; 

5 (iii) programmable electronic devices, 

6 computers, or other automated systems 

7 which are used in providing the transpor8 tation; 

9 (iv) alarms, cameras, and other protec10 tion systems; 

11 (v) communications systems, including 

12 dispatching services and mobile service 

13 equipment systems, to provide access to 

14 emergency services in underground fixed 

15 guideway systems; 

16 (vi) utilities; 

17 (vii) emergency response planning; 

18 (viii) employee training; and 

19 (ix) such other matters as the Sec20 retary determines appropriate; and 

21 (D) identification of redundant and backup 

22 systems required to ensure the continued oper23 ations of critical elements of the covered trans24 portation in the event of an attack or other inciVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 dent, including disruption of commercial electric 

2 power or communications network. 

3 (2) THREAT INFORMATION.—A provider of cov4 ered transportation conducting a vulnerability assess5 ment under this section shall incorporate in the as6 sessment any threat information provided by the Sec7 retary and other sources. 

8 (d) SECURITY PLANS.— 

9 (1) REQUIREMENTS.—The Secretary, in con10 sultation with the Secretary of Transportation, shall 

11 provide technical assistance and guidance to pro12 viders of covered transportation in preparing and im13 plementing security plans under this section and shall 

14 require that each security plan of each provider of 

15 covered transportation assigned a high- or medium16 risk under section 102 include, at a minimum— 

17 (A) identification of a security coordinator 

18 having authority— 

19 (i) to implement security actions under 

20 the plan; 

21 (ii) to coordinate security improve22 ments described in sections 105, 106, and 

23 107; and 


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1 (iii) to receive immediate communica2 tions from appropriate Federal officials re3 garding covered transportation security; 

4 (B) plans for periodic exercises under sec5 tion 110 that include participation by local law 

6 enforcement agencies and emergency responders 

7 as appropriate; 

8 (C) a list of needed capital and operational 

9 improvements such as those described in sections 

10 105, 106, and 107; 

11 (D) procedures to be implemented or used 

12 by the provider in response to a terrorist attack, 

13 including evacuation and passenger communica14 tion plans that include individuals with disabil15 ities; 

16 (E) identification of steps taken with State 

17 and local law enforcement agencies, emergency 

18 responders, and Federal officials to coordinate 

19 security measures and plans for response to a 

20 terrorist attack; 

21 (F) a strategy and timeline for conducting 

22 training under section 109, including recurrent 

23 training and periodic unannounced exercises for 

24 employees of the provider to be carried out under 


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1 the plan to prevent, prepare for, or respond to a 

2 terrorist attack; 

3 (G) enhanced security measures to be taken 

4 by the provider when the Secretary declares a pe5 riod of heightened security risk; 

6 (H) plans for redundant and backup sys7 tems required to ensure the continued operation 

8 of critical covered transportation elements of the 

9 provider in the event of a terrorist attack or 

10 other incident; 

11 (I) plans for locating, including by covert 

12 electronic devices, shipments of railroad cars 

13 transporting security sensitive materials or nu14 clear waste so that, if the assets are lost or stolen, 

15 the provider or law enforcement authorities may 

16 locate, track, and recover the assets; 

17 (J) a strategy for implementing enhanced 

18 security for shipments of security sensitive mate19 rials under section 124; and 

20 (K) such other actions or procedures as the 

21 Secretary determines are appropriate to address 

22 the covered transportation security of the pro23 vider to a terrorist attack. 

24 (2) SECURITY COORDINATOR REQUIREMENTS.— 

25 The Secretary shall require that the individual servVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 ing as the security coordinator identified in para2 graph (1)(A) is a citizen of the United States. The 

3 Secretary may waive this requirement with respect to 

4 an individual if the Secretary determines that it is 

5 appropriate to do so based on a background check of 

6 the individual and a review of terrorist watch lists to 

7 ensure that the individual is not identified on any 

8 such terrorist watch list. 

9 (3) CONSISTENCY WITH OTHER PLANS.—The 

10 Secretary, in consultation with the Secretary of 

11 Transportation, shall ensure that each security plan 

12 under this section is consistent with the requirements 

13 of the National Strategy for Rail and Public Trans14 portation Security described in section 101. 

15 (e) PROVIDED BY SECRETARY.—The Secretary shall 

16 provide, in a timely manner to the maximum extent prac17 ticable under applicable authority and in the interest of na18 tional security, to the provider of the covered transportation 

19 threat information that is relevant to the provider when 

20 preparing and submitting vulnerabilities and security 

21 plans, including an assessment of the most likely method 

22 that could be used by terrorists to exploit weaknesses in the 

23 covered transportation security and the likelihood of success 

24 by such terrorists. 


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1 (f) SECURITY PERFORMANCE REQUIREMENTS.—The 

2 Secretary shall, by regulation, establish security perform3 ance requirements for the security plans required for pro4 viders of covered transportation. The regulations shall— 

5 (1) require separate and increasingly stringent 

6 security performance requirements for security plans 

7 as the level of risk associated with the tier increases; 

8 and 

9 (2) permit each provider of covered transpor10 tation submitting a security plan to select a combina11 tion of security measures that satisfy the security per12 formance requirements established by the Secretary 

13 under this subsection. 

14 (g) DEADLINE FOR REVIEW PROCESS.—Not later than 

15 12 months after the date of the issuance of the regulations 

16 under subsection (a), the Secretary, in consultation with 

17 the Secretary of Transportation, shall— 

18 (1) review each vulnerability assessment and se19 curity plan submitted to the Secretary in accordance 

20 with subsection (b); 

21 (2) require amendments to any security plan 

22 that does not meet the requirements of this section, in23 cluding the regulations issued under subsection (a); 


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1 (3) approve any vulnerability assessment or se2 curity plan that meets the requirements of this sec3 tion, including such regulations; and 

4 (4) review each security plan periodically there5 after. 

6 (h) INTERIM SECURITY MEASURES.—The Secretary, 

7 in consultation with the Secretary of Transportation, shall 

8 require, during the period before the deadline established 

9 under subsection (b), each provider of covered transpor10 tation required to submit a security plan under subsection 

11 (b) to implement any necessary interim security measures 

12 to deter, mitigate, and respond to, to the maximum extent 

13 practicable, a transportation security incident with respect 

14 to the covered transportation or a substantive threat of such 

15 an incident until the security plan of the provider is ap16 proved. 

17 (i) NONDISCLOSURE OF INFORMATION.— 

18 (1) IN GENERAL.—Nothing in this Act shall be 

19 construed to require the disclosure of a vulnerability 

20 assessment or a security plan of a provider of covered 

21 transportation to the extent that such information is 

22 exempted from mandatory disclosure under section 

23 552 of title 5, United States Code. 

24 (2) OTHER OBLIGATIONS UNAFFECTED.—Noth25 ing in this section shall affect any obligation of the 


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1 provider of covered transportation to submit or make 

2 available information to covered transportation em3 ployees, nonprofit employee labor organizations, or a 

4 Federal, State, or local government agency under, or 

5 otherwise to comply with, any other law. 

6 (3) SUBMISSION OF INFORMATION TO CON7 GRESS.—Nothing in this section shall be construed as 

8 authorizing the withholding of any information from 

9 Congress. 

10 (4) DISCLOSURE OF INDEPENDENTLY FUR11 NISHED INFORMATION.—Nothing in this section shall 

12 be construed as affecting any authority or obligation 

13 of a Federal agency to disclose any record or informa14 tion that the Federal agency obtains from a provider 

15 of covered transportation under any other law. 

16 (j) PENALTIES.— 

17 (1) ADMINISTRATIVE PENALTIES.— 

18 (A) IN GENERAL.—The Secretary may im19 pose an administrative penalty of not more than 

20 $100,000 for failure to comply with this section, 

21 including regulations issued under subsection 

22 (a). 

23 (B) NOTICE AND OPPORTUNITY TO REQUEST

24 HEARING.—Before imposing a penalty under 

25 subparagraph (A), the Secretary shall provide to 


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1 the person against whom the penalty is to be im2 posed— 

3 (i) written notice of the proposed pen4 alty; and 

5 (ii) the opportunity to request, not 

6 later than 30 days after the date on which 

7 the person receives the notice, a hearing on 

8 the proposed penalty. 

9 (C) REGULATIONS.—The Secretary may 

10 issue regulations establishing the procedures for 

11 administrative hearings and appropriate review 

12 of penalties imposed under this Act, including 

13 deadlines. 

14 (2) CIVIL PENALTIES.— 

15 (A) IN GENERAL.—The Secretary may 

16 bring an action in a United States district court 

17 against any provider of covered transportation 

18 that violates or fails to comply with this Act, in19 cluding regulations issued under subsection (a), 

20 or a security plan approved by the Secretary 

21 under this section. 

22 (B) RELIEF.—In any action under this Act, 

23 a court may issue an order for injunctive relief 

24 and may impose a civil penalty of not more 


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1 than $75,000 for each day on which a violation 

2 occurs or a failure to comply continues. 

3 (3) CRIMINAL PENALTIES.—A provider of covered 

4 transportation who intentionally violates this section, 

5 including regulations issued under subsection (a), 

6 shall be fined not more than $50,000 for each day of 

7 such violation, imprisoned for not more than 2 years, 

8 or both. 

9 (k) EXISTING PROCEDURES, PROTOCOLS AND STAND10 ARDS.— 

11 (1) DETERMINATION.—In response to a petition 

12 by a provider of covered transportation or at the dis13 cretion of the Secretary, the Secretary may recognize 

14 existing procedures, protocols, and standards of a pro15 vider of covered transportation that the Secretary de16 termines to meet all or part of the requirements of 

17 this section, including regulations issued under sub18 section (a), regarding vulnerability assessments and 

19 security plans. 

20 (2) ELECTION.—Upon review and written deter21 mination by the Secretary that existing procedures, 

22 protocols, or standards of a provider of covered trans23 portation satisfy all of the requirements of this sec24 tion, including regulations issued under subsection 

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1 cedures, protocols, or standards instead of the require2 ments of this section. 

3 (3) PARTIAL APPROVAL.—If the Secretary deter4 mines that the existing procedures, protocols, or 

5 standards of a provider of covered transportation sat6 isfy only part of the requirements of this section, in7 cluding regulations issued under subsection (a), the 

8 Secretary may accept those submissions, but shall re9 quire submission by the provider of any additional 

10 information relevant to vulnerability assessments and 

11 security plans of the provider to ensure that the re12 maining requirements of this section are fulfilled. 

13 (4) NOTIFICATION.—If the Secretary determines 

14 that particular existing procedures, protocols, or 

15 standards of a provider of covered transportation 

16 under this subsection do not satisfy the requirements 

17 of this section, including regulations issued under 

18 subsection (a), the Secretary shall provide to such 

19 provider a written notification that includes an ex20 planation of the reasons why the determination could 

21 not be made. 

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

23 relieve the Secretary of the obligation— 


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1 (A) to review the vulnerability assessment 

2 and security plan submitted by a provider of 

3 covered transportation under this section; and 

4 (B) to approve or disapprove each submis5 sion on an individual basis. 

6 (l) PERIODIC REVIEW BY PROVIDER OF COVERED

7 TRANSPORTATION REQUIRED.— 

8 (1) SUBMISSION OF REVIEW.—Not later than 3 

9 years after the date on which a vulnerability assess10 ment or security plan required to be submitted to the 

11 Secretary under subsection (b) is submitted, and at 

12 least once every 5 years thereafter (or on such a 

13 schedule as the Secretary may establish by regula14 tion), the provider of covered transportation who sub15 mitted the vulnerability assessment or security plan 

16 shall also submit to the Secretary a review of the ade17 quacy of the vulnerability assessment or security plan 

18 that includes a description of any material changes 

19 made to the vulnerability assessment or security plan. 

20 (2) REVIEW OF REVIEW.—Not later than 180 

21 days after the date on which a review is submitted, 

22 the Secretary shall review the review and notify the 

23 provider of covered transportation submitting the re24 view of the Secretary’s approval or disapproval of 

25 such review. 


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1 (m) SHARED FACILITIES.—The Secretary, in con2 sultation with the Secretary of Transportation, may permit 

3 under this section the development and implementation of 

4 coordinated vulnerability assessments and security plans to 

5 the extent 2 or more providers of covered transportation 

6 have shared facilities (such as tunnels, bridges, or stations, 

7 or facilities) that are geographically close or otherwise co8 located. 

9 (n) FERRY EXEMPTION.—This section does not apply 

10 to any ferry system for which a vulnerability assessment 

11 and security plan is required pursuant to chapter 701 of 

12 title 46, United States Code. 

13 (o) REPORT.—Not later than 180 days after the date 

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

15 the Secretary of Transportation, shall submit a report to 

16 the appropriate congressional committees regarding the fea17 sibility of implementing name-based checks against ter18 rorist watch lists for all National Railroad Passenger Cor19 poration, hereinafter referred to as ‘‘Amtrak’’ passengers. 

20 SEC. 104. INFORMATION SHARING PLAN. 

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

22 date of enactment of this Act, the Secretary, in consultation 

23 with the Secretary of Transportation, shall develop and sub24 mit to the appropriate congressional committees a railroad, 

25 public transportation, and over-the-road bus information 


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1 sharing plan to ensure the development of both tactical and 

2 strategic intelligence products pertaining to the threats and 

3 vulnerabilities to covered transportation for dissemination 

4 to Federal, State, and local agencies, tribal governments, 

5 and appropriate stakeholders. 

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

7 subsection (a) shall include— 

8 (1) a description of how intelligence analysts in 

9 the Transportation Security Administration are co10 ordinating with other intelligence analysts in the De11 partment and other Federal, State, and local agen12 cies; 

13 (2) reasonable deadlines for the completion of 

14 any organizational changes within the Department to 

15 accommodate implementation of the plan; and 

16 (3) a description of resource needs for fulfilling 

17 the plan. 

18 (c) UPDATES.— 

19 (1) CERTIFICATION OF IMPLEMENTATION.—After 

20 the plan is submitted under subsection (a), the Sec21 retary shall certify to the appropriate congressional 

22 committees when the plan has been implemented. 

23 (2) ANNUAL REPORTS.—After the Secretary pro24 vides the certification under paragraph (1), the Sec25 retary shall provide a report to the appropriate conVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 gressional committees each year thereafter on the fol2 lowing: 

3 (A) The number and brief description of 

4 each railroad, public transportation, and over5 the-road bus intelligence report created and dis6 seminated under the plan. 

7 (B) The classification of each report as tac8 tical or strategic. 

9 (C) The numbers of different government, 

10 law enforcement, and public or private sector 

11 partners who the Department provided with each 

12 intelligence product. 

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

14 an annual survey of the satisfaction of each of the recipients 

15 of railroad, public transportation, and over-the-road bus in16 telligence reports created and disseminated under the plan 

17 and include the results of the survey as part of the cor18 responding annual report provided under subsection (c)(2). 

19 (e) CLASSIFICATION OF MATERIAL.—To the greatest 

20 extent possible, the Department shall provide appropriate 

21 stakeholders with information in an unclassified format. 

22 (f) SECURITY CLEARANCES.—The Department shall 

23 assist the appropriate Federal, State, regional, local, and 

24 tribal authorities, in addition to appropriate stakeholders, 

25 in obtaining the security clearances needed to receive classiVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 fied covered transportation security information as nec2 essary if this information cannot be disseminated in an un3 classified format. 

4 SEC. 105. RAIL SECURITY ASSISTANCE. 

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

6 the Secretary of Transportation, shall establish a program 

7 for making grants to eligible entities for security improve8 ments described in subsection (b). 

9 (b) USES OF FUNDS.—A recipient of a grant under 

10 this section shall use the grant funds for one or more of 

11 the following: 

12 (1) Perimeter protection systems, including ac13 cess control, installation of improved lighting, fenc14 ing, and barricades at railroad facilities. 

15 (2) Technologies to reduce the vulnerability of 

16 rail cars. 

17 (3) Passenger railroad station security redevelop18 ment and capital improvement projects that the Sec19 retary determines enhance rail station security. 

20 (4) Security improvements to passenger railroad 

21 stations and other railroad transportation infrastruc22 ture. 

23 (5) Tunnel protection systems. 

24 (6) Evacuation improvements. 


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1 (7) Inspection technologies, including verified 

2 visual inspection technologies using hand-held readers 

3 and discs. 

4 (8) Communications equipment, including 

5 equipment that is interoperable with Federal, State, 

6 and local agencies and tribal governments. 

7 (9) Chemical, biological, radiological, or explo8 sive detection, including canine patrols for such detec9 tion. 

10 (10) Surveillance equipment. 

11 (11) Cargo or passenger screening equipment. 

12 (12) Railroad inspection facilities and related 

13 infrastructure at United States international borders, 

14 including additional side railroad track necessary for 

15 passenger and freight train inspection. 

16 (13) Emergency response equipment, including 

17 fire suppression and decontamination equipment, per18 sonal protective equipment, and defibrillators. 

19 (14) Global positioning or tracking and recovery 

20 equipment. 

21 (15) Redundant critical operations control sys22 tems. 

23 (16) Operating and capital costs associated with 

24 security awareness, preparedness, and response train25 ing, including training under section 109 and trainVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 ing developed by universities and institutions of high2 er education and by nonprofit employee labor organi3 zations, for front-line railroad employees. 

4 (17) Live or simulated exercises described in sec5 tion 110. 

6 (18) Overtime reimbursement for additional se7 curity personnel during periods of heightened security 

8 as determined by the Secretary. 

9 (19) Public awareness campaigns for enhanced 

10 rail security. 

11 (20) Operational costs for personnel assigned to 

12 full-time security or counterterrorism duties related to 

13 rail transportation. 

14 (21) Such other security improvements as the 

15 Secretary considers appropriate. 

16 (c) SECURITY IMPROVEMENT PRIORITIES.—In estab17 lishing guidelines for applications for grants under this sec18 tion, the Secretary shall establish a list in order of priority 

19 regarding uses of funds for grant recipients under this sec20 tion 

21 (d) MULTIYEAR AWARDS.—Pursuant to this section, 

22 the Secretary may issue multi-year grants for not longer 

23 than a 5-year period. 

24 (e) LETTERS OF INTENT.— 


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1 (1) ISSUANCE.—The Secretary may issue a letter 

2 of intent to a recipient of a grant under this section, 

3 to commit funding from future budget authority of an 

4 amount, not more than the Federal Government’s 

5 share of the project’s cost, for a capital improvement 

6 project. 

7 (2) SCHEDULE.—The letter of intent under this 

8 subsection shall establish a schedule under which the 

9 Secretary will reimburse the recipient for the Federal 

10 Government’s share of the project’s costs, as amounts 

11 become available, if the recipient, after the Secretary 

12 issues that letter, carries out the project without re13 ceiving amounts under a grant issued under this sec14 tion. 

15 (3) NOTICE TO SECRETARY.—A recipient that 

16 has been issued a letter of intent under this section 

17 shall notify the Secretary of the recipient’s intent to 

18 carry out a project before the project begins. 

19 (4) NOTICE TO CONGRESS.—The Secretary shall 

20 transmit to the appropriate congressional committees 

21 a written notification at least 3 days before the 

22 issuance of a letter of intent under this subsection. 

23 (5) LIMITATIONS.—A letter of intent issued 

24 under this subsection is not an obligation of the Fed25 eral Government under section 1501 of title 31, 


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1 United States Code, and the letter is not deemed to 

2 be an administrative commitment for financing. An 

3 obligation or administrative commitment may be 

4 made only as amounts are provided in authorization 

5 and appropriations laws. 

6 (6) STATUTORY CONSTRUCTION.—Nothing in this 

7 section shall be construed to prohibit the obligation of 

8 amounts pursuant to a letter of intent under this sec9 tion in the same fiscal year as the letter of intent is 

10 issued. 

11 (f) ELIGIBILITY.— 

12 (1) IN GENERAL.—Eligible entities for a grant 

13 under this section may include State, local, and tribal 

14 governmental entities, Amtrak, infrastructure owners, 

15 including railroad carriers, private entities, and pub16 lic-private entities, or their designees. 

17 (2) PROJECT ELIGIBILITY.—A recipient of a 

18 grant under this section may use grant funds only for 

19 permissible uses under subsection (b) to further a rail 

20 security plan developed, submitted to, and approved 

21 by the Secretary. 

22 (g) FEDERAL SHARE.— 

23 (1) IN GENERAL.—Except as provided in para24 graphs (2) and (3), a grant for a project under this 


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

2 project. 

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

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

5 $25,000 or less, the Federal share for the grant shall 

6 be for 100 percent of such cost. 

7 (3) NATIONAL SECURITY EXCEPTION.—If the Sec8 retary determines, upon written notice to the appro9 priate congressional committees, that a higher Federal 

10 share for a grant under this section is necessary to re11 spond to an urgent threat to national security, the 

12 Secretary may increase the Federal share for the 

13 grant to up to 100 percent of the net cost of the 

14 project. 

15 (4) APPLICABILITY.—This subsection shall only 

16 apply to freight rail carriers. 

17 (h) SUBJECT TO CERTAIN STANDARDS.—The Sec18 retary shall require a recipient of a grant under this section 

19 and section 108 to comply with the standards of section 

20 24312 of title 49, United States Code, as in effect on Janu21 ary 1, 2007, with respect to the project in the same manner 

22 as Amtrak is required to comply with such standards for 

23 construction work financed under an agreement made 

24 under section 24308(a) of that title. 


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1 (i) LIMITATION ON USES OF FUNDS.—A grant made 

2 under this section may not be used— 

3 (1) to supplant State or local funds; and 

4 (2) to make any State or local government cost5 sharing contribution under any other law. 

6 (j) ANNUAL REPORTS.—Each recipient of a grant 

7 under this section shall report annually to the Secretary 

8 on the use of grant funds. 

9 (k) GUIDELINES.—Before distribution of funds to re10 cipients of grants under this section, the Secretary, in con11 sultation with the Secretary of Transportation, shall issue 

12 guidelines to ensure that recipients of grants under this sec13 tion use small, minority, women-owned, or disadvantaged 

14 businesses as contractors or subcontractors to the extent 

15 practicable. 

16 (l) MONITORING.—The Secretary shall be responsible 

17 for monitoring the manner in which the grants are used. 

18 (m) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) IN GENERAL.—There are authorized to be ap20 propriated to the Secretary $600,000,000 for each of 

21 fiscal years 2008 through 2011 for making grants 

22 under this section. 

23 (2) PERIOD OF AVAILABILITY.—Sums appro24 priated to carry out this section shall remain avail25 able until expended. 


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1 SEC. 106. PUBLIC TRANSPORTATION SECURITY ASSIST2 ANCE. 

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

4 the Secretary of Transportation, shall establish a program 

5 for making grants to an eligible public transportation des6 ignated recipient for security improvements described in 

7 subsection (b). 

8 (b) USES OF FUNDS.—A recipient of a grant under 

9 subsection (a) shall use the grant funds for one or more of 

10 the following: 

11 (1) Perimeter protection systems, including ac12 cess control, installation of improved lighting, fenc13 ing, and barricades. 

14 (2) Security improvements to stations and other 

15 public transportation infrastructure. 

16 (3) Tunnel protection systems. 

17 (4) Evacuation improvements. 

18 (5) Inspection technologies, including verified 

19 visual inspection technologies using hand-held readers 

20 and discs. 

21 (6) Communications equipment, including mo22 bile service equipment to provide access to emergency 

23 services in an underground fixed guideway system. 

24 (7) Chemical, biological, or radiological or explo25 sive detection, including canine patrols for such detec26 tion. 


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1 (8) Surveillance equipment. 

2 (9) Emergency response equipment, including 

3 fire suppression and decontamination equipment, per4 sonal protective equipment, and defibrillators. 

5 (10) Global positioning or tracking and recovery 

6 equipment. 

7 (11) Redundant critical operations control sys8 tems. 

9 (12) Live or simulated exercises described in sec10 tion 110. 

11 (13) Public awareness campaigns for enhanced 

12 public transportation security. 

13 (14) Operating and capital costs associated with 

14 security awareness, preparedness, and response train15 ing, including training under section 109 and train16 ing developed by universities and institutions of high17 er education and by nonprofit employee labor organi18 zations, for front-line public transportation employ19 ees. 

20 (15) Overtime reimbursement for additional se21 curity personnel during periods of heightened security 

22 as determined by the Secretary. 

23 (16) Operational costs for personnel assigned to 

24 full-time security or counterterrorism duties related to 

25 public transportation. 


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1 (17) Such other security improvements as the 

2 Secretary considers appropriate. 

3 (c) ELIGIBILITY.— 

4 (1) IN GENERAL.—Eligible entities for a grant 

5 under this section may include public transportation 

6 agencies and State, local, and tribal governmental en7 tities that provide security or counterterrorism related 

8 services to public transportation. 

9 (2) PROJECT ELIGIBILITY.—A recipient of a 

10 grant under this section may use grant funds only for 

11 permissible uses under subsection (b) to further a pub12 lic transportation security plan developed, submitted 

13 to, and approved by the Secretary. 

14 (d) SECURITY IMPROVEMENT PRIORITIES.—In estab15 lishing guidelines for applications for grants under this sec16 tion, the Secretary shall establish a list in order of priority 

17 regarding uses of funds for grant recipients under this sec18 tion. 

19 (e) SUBJECT TO CERTAIN TERMS AND CONDITIONS.— 

20 Except as otherwise specifically provided in this section, a 

21 grant provided under this section shall be subject to the 

22 terms and conditions applicable to a grant made under sec23 tion 5307 of title 49, United States Code, under effect on 

24 January 1, 2007, and such other terms and conditions as 

25 are determined necessary by the Secretary. 


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1 (f) LIMITATION ON USES OF FUNDS.—Grants made 

2 under this section may not be used— 

3 (1) to supplant State or local funds; and 

4 (2) to make any State or local government cost5 sharing contribution under any other law. 

6 (g) ANNUAL REPORTS.—Each recipient of a grant 

7 under this section shall report annually to the Secretary 

8 on the use of the grant funds. 

9 (h) GUIDELINES.—Before distribution of funds to re10 cipients of grants under this section, the Secretary, in con11 sultation with the Secretary of Transportation, shall issue 

12 guidelines to ensure that recipients of grants under this sec13 tion use small, minority, women-owned, or disadvantaged 

14 businesses as contractors or subcontractors to the extent 

15 practicable. 

16 (i) MONITORING.—The Secretary shall be responsible 

17 for monitoring the manner in which the grants are used. 

18 (j) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) IN GENERAL.—There are authorized to be ap20 propriated to the Secretary to make grants under this 

21 section— 

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

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

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

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


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1 (2) PERIOD OF AVAILABILITY.—Sums appro2 priated to carry out this section shall remain avail3 able until expended. 

4 SEC. 107. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 

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

6 the Secretary of Transportation, shall establish a program 

7 for making grants for eligible private operators providing 

8 transportation by an over-the-road bus for security im9 provements described in subsection (b). 

10 (b) USES OF FUNDS.—A recipient of a grant received 

11 under subsection (a) shall use the grant funds for one or 

12 more of the following: 

13 (1) Constructing and modifying terminals, ga14 rages, facilities, or over-the-road buses to increase 

15 their security. 

16 (2) Protecting or isolating the driver of an over17 the-road bus. 

18 (3) Acquiring, upgrading, installing, or oper19 ating equipment, software, or accessorial services for 

20 collection, storage, or exchange of passenger and driv21 er information through ticketing systems or otherwise 

22 and for information links with government agencies. 

23 (4) Installing cameras and video surveillance 

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

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


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1 (5) Establishing and improving an emergency 

2 communications system linking drivers and over-the3 road buses to the recipient’s operations center or link4 ing the operations center to law enforcement and 

5 emergency personnel. 

6 (6) Implementing and operating passenger 

7 screening programs for weapons and explosives. 

8 (7) Public awareness campaigns for enhanced 

9 over-the-road bus security. 

10 (8) Operating and capital costs associated with 

11 security awareness, preparedness, and response train12 ing, including training under section 109 and train13 ing developed by universities and institutions of high14 er education and by nonprofit employee labor organi15 zations, for front-line over-the-road bus employees. 

16 (9) Chemical, biological, radiological, or explo17 sive detection, including canine patrols for such detec18 tion. 

19 (10) Overtime reimbursement for additional se20 curity personnel during periods of heightened security 

21 as determined by the Secretary. 

22 (11) Live or simulated exercises described in sec23 tion 110. 


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1 (12) Operational costs for personnel assigned to 

2 full-time security or counterterrorism duties related to 

3 over-the-road bus transportation. 

4 (13) Such other improvements as the Secretary 

5 considers appropriate. 

6 (c) ELIGIBILITY.— 

7 (1) IN GENERAL.—Eligible entities for a grant 

8 under this section may include over-the-road bus pro9 viders and State, local, and tribal governmental enti10 ties that provide security or counterterrorism related 

11 services to over-the-road bus providers. 

12 (2) PROJECT ELIGIBILITY.—A recipient of a 

13 grant under this section may use grant funds only for 

14 permissible uses under subsection (b) to further an 

15 over-the-road bus security plan developed, submitted 

16 to, and approved by the Secretary. 

17 (d) SECURITY IMPROVEMENT PRIORITIES.—In estab18 lishing guidelines for applications for grants under this sec19 tion, the Secretary shall establish a list in order of priority 

20 regarding uses of funds for grant recipients under this sec21 tion. 

22 (e) SUBJECT TO CERTAIN TERMS AND CONDITIONS.— 

23 Except as otherwise specifically provided in this section, a 

24 grant made under this section shall be subject to the terms 

25 and conditions applicable to subrecipients who provide 


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1 intercity bus transportation under section 5311(f) of title 

2 49, United States Code, and such other terms and condi3 tions as are determined necessary by the Secretary. 

4 (f) LIMITATION ON USES OF FUNDS.—A grant made 

5 under this section may not be used to— 

6 (1) supplant State or local funds for activities; 

7 and 

8 (2) make any State or local government cost9 sharing contribution under any other law. 

10 (g) ANNUAL REPORTS.—Each recipient of a grant 

11 under this section shall report annually to the Secretary 

12 and the Secretary of Transportation on the use of such 

13 grant funds 

14 (h) GUIDELINES.—Before distribution of funds to re15 cipients of grants under this section, the Secretary, in con16 sultation with the Secretary of Transportation, shall issue 

17 guidelines to ensure that recipients of grants under this sec18 tion use small, minority, women-owned, and disadvantaged 

19 businesses as contractors or subcontractors to the extent 

20 practicable. 

21 (i) MONITORING.—The Secretary shall be responsible 

22 for monitoring the manner in which the grants are used. 

23 (j) AUTHORIZATION.— 


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1 (1) IN GENERAL.—There is authorized to be ap2 propriated to the Secretary to make grants under this 

3 section— 

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

5 (B) $25,000,000 for each of fiscal years 

6 2009 through 2011. 

7 (2) PERIOD OF AVAILABILITY.—Sums appro8 priated to carry out this section shall remain avail9 able until expended. 

10 SEC. 108. FIRE AND LIFE SAFETY IMPROVEMENTS. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There are 

12 authorized to be appropriated to the Secretary of Transpor13 tation for making grants to Amtrak, for the purpose of car14 rying out projects to make fire and life safety improvements 

15 to Amtrak tunnels on the Northeast Corridor the following 

16 amounts: 

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

18 York, to provide ventilation, electrical, and fire safety 

19 technology improvements, emergency communication 

20 and lighting systems, and emergency access and egress 

21 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 provide 

3 adequate drainage and ventilation, communication, 

4 lighting, standpipe, and passenger egress improve5 ments— 

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

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

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

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

10 (3) For the Union Station tunnels in the Dis11 trict of Columbia to provide ventilation, communica12 tion, lighting, and passenger egress improvements— 

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

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

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

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

17 (b) AVAILABILITY OF AMOUNTS.—Amounts appro18 priated pursuant to this section shall remain available 

19 until expended. 

20 (c) GUIDELINES.—Before distribution of funds to re21 cipients of grants under this section, the Secretary of Trans22 portation shall issue guidelines to ensure that recipients of 

23 grants under this section use small, minority, women24 owned, or disadvantaged businesses as the contractors or 

25 subcontractors to the extent practicable. 


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1 SEC. 109. SECURITY TRAINING PROGRAM. 

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

3 date of enactment of this Act, the Secretary, in consultation 

4 with the Secretary of Transportation, shall— 

5 (1) develop security training programs to pre6 pare all railroad, public transportation, and over-the7 road bus workers, including front-line employees for 

8 potential threat conditions; and 

9 (2) issue detailed guidance for the program. 

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

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

12 (1) appropriate law enforcement, fire service, se13 curity, and terrorism experts; 

14 (2) representatives of providers of covered trans15 portation; and 

16 (3) nonprofit employee labor organizations rep17 resenting railroad, public transportation, over-the18 road bus workers, and fire fighter workers. 

19 (c) PROGRAM ELEMENTS.—The guidance developed 

20 under subsection (a)(2) shall require security training pro21 grams described in subsection (a) to include, at a min22 imum, elements to address the following: 

23 (1) Determination of the seriousness of any oc24 currence or threat. 

25 (2) Crew and passenger communication and co26 ordination. 


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1 (3) Appropriate responses to defend oneself, in2 cluding using nonlethal defense devises. 

3 (4) Evacuation procedures for passengers and 

4 workers, including individuals with disabilities. 

5 (5) Live situational training exercises regarding 

6 various threat conditions, including tunnel evacu7 ation procedures. 

8 (6) Recognition and reporting of dangerous sub9 stances and suspicious packages, persons, and situa10 tions. 

11 (7) Understanding security incident procedures, 

12 including procedures for communicating with govern13 mental and nongovernmental emergency response pro14 viders and for on-scene interaction with such emer15 gency response providers. 

16 (8) Operation and maintenance of security 

17 equipment and systems. 

18 (9) Any other subject the Secretary considers ap19 propriate. 

20 (d) REQUIRED PROGRAMS.— 

21 (1) DEVELOPMENT AND SUBMISSION TO SEC22 RETARY.—Not later than 60 days after the Secretary 

23 issues guidance under subsection (a)(2) in final form, 

24 each provider of covered transportation shall develop 

25 a security training program in accordance with the 


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1 guidance developed under subsection (2) and submit 

2 the program to the Secretary for approval. 

3 (2) APPROVAL.—Not later than 60 days after re4 ceiving a security training program under this sub5 section, the Secretary shall approve the program or 

6 require the provider of covered transportation that de7 veloped the program to make any revisions to the pro8 gram that the Secretary considers necessary for the 

9 program to meet the guidance requirements. 

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

11 Secretary approves a security training program 

12 under this subsection, the provider of covered trans13 portation that developed the program shall complete 

14 the training of all workers covered under the pro15 gram. 

16 (4) UPDATES.—The Secretary shall periodically 

17 review and update as appropriate the training guid18 ance issued under subsection (a)(2) to reflect new or 

19 changing security threats and require providers of 

20 covered transportation to revise their programs ac21 cordingly and provide additional training to their 

22 workers. 

23 (e) NATIONAL TRAINING PROGRAM.—The Secretary 

24 shall ensure that the training program developed under sub25 section (a) is a component of the National Training ProVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 gram established under section 648 of the Department of 

2 Homeland Security Appropriations Act of 2007 (6 U.S.C. 

3 748). 

4 (f) FERRY EXEMPTION.—This section does not apply 

5 to any ferry system for which training is required to be 

6 conducted pursuant to section 70103 of title 46, United 

7 States Code. 

8 SEC. 110. SECURITY EXERCISES. 

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

10 the Secretary of Transportation, shall establish a program 

11 for conducting security exercises for covered transportation 

12 for the purpose of assessing and improving the capabilities 

13 of entities described in subsection (b) to prevent, prepare 

14 for, mitigate against, respond to, and recover from acts of 

15 terrorism involving covered transportation. 

16 (b) COVERED ENTITIES.—Entities to be assessed under 

17 the program shall include— 

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

19 governments; 

20 (2) employees and managers of providers of cov21 ered transportation; 

22 (3) governmental and nongovernmental emer23 gency response providers and law enforcement per24 sonnel, including railroad and transit police; and 


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1 (4) any other organization or entity that the 

2 Secretary determines appropriate. 

3 (c) REQUIREMENTS.—The Secretary, in consultation 

4 with the Secretary of Transportation, shall ensure that the 

5 program— 

6 (1) consolidates all existing security exercises for 

7 covered transportation administered by the Depart8 ment and the Department of Transportation; 

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

10 a provider of covered transportation, exercises to be 

11 conducted that are— 

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

13 facilities, including individuals with disabilities; 

14 (B) live, in the case of the most at-risk fa15 cilities to a terrorist attack; 

16 (C) coordinated with appropriate officials 

17 of covered transportation providers; 

18 (D) as realistic as practicable and based on 

19 current risk assessments, including credible 

20 threats, vulnerabilities, and consequences; and 

21 (E) consistent with the National Incident 

22 Management System, the National Response 

23 Plan, the National Infrastructure Protection 

24 Plan, the National Preparedness Guidance, the 


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1 National Preparedness Goal, and other such na2 tional initiatives; 

3 (3) provides that exercises described in para4 graph (2) will be— 

5 (A) evaluated against clear and consistent 

6 performance measures; 

7 (B) assessed to learn best practices, which 

8 shall be shared with appropriate Federal, State, 

9 local, and tribal officials, governmental and non10 governmental emergency response providers, law 

11 enforcement personnel, including railroad and 

12 transit police, and appropriate stakeholders; and 

13 (C) followed by remedial action in response 

14 to lessons learned; 

15 (4) includes exercises involving covered transpor16 tation at or near the international land borders of the 

17 United States and in coordination with international 

18 stakeholders; 

19 (5) involves individuals in neighborhoods around 

20 the infrastructure of a provider of covered transpor21 tation; and 

22 (6) assists State, local, and tribal governments 

23 and providers of covered transportation in designing, 

24 implementing, and evaluating exercises that conform 

25 to the requirements of paragraph (2). 


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1 (d) REMEDIAL ACTION MANAGEMENT PROGRAM.—The 

2 Secretary shall utilize the remedial action management pro3 gram of the Federal Emergency Management Agency to— 

4 (1) identify and analyze each exercise conducted 

5 under the program for lessons learned and best prac6 tices; 

7 (2) disseminate lessons learned and best practices 

8 to participants in the program; 

9 (3) monitor the implementation of lessons 

10 learned and best practices by participants in the pro11 gram; and 

12 (4) conduct remedial action tracking and long13 term trend analysis. 

14 (f) NATIONAL TRAINING PROGRAM.—The Secretary 

15 shall ensure that the training program developed under sub16 section (a) is a component of the National Training Pro17 gram established under section 648 of the Department of 

18 Homeland Security Appropriations Act of 2007 (6 U.S.C. 

19 748). 

20 (g) FERRY SYSTEM EXEMPTION.—This section does 

21 not apply to any ferry for which drills are required to be 

22 conducted pursuant to section 70103 of title 46, United 

23 States Code. 


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1 SEC. 111. SECURITY RESEARCH AND DEVELOPMENT. 

2 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP3 MENT PROGRAM.—The Secretary shall carry out a research 

4 and development program for the purpose of improving the 

5 security of covered transportation. 

6 (b) ELIGIBLE PROJECTS.—The research and develop7 ment program may include projects— 

8 (1) to reduce the vulnerability of passenger 

9 trains, stations, and equipment to explosives and haz10 ardous chemical, biological, and radioactive sub11 stances including the development of technology to 

12 screen passengers in large numbers at peak com13 muting times with minimal interference and disrup14 tion; 

15 (2) to test new emergency response and recovery 

16 techniques and technologies, including those used at 

17 international borders; 

18 (3) to develop improved freight railroad tech19 nologies, including— 

20 (A) technologies for sealing or modifying 

21 railroad tank cars; 

22 (B) automatic inspection of railroad cars; 

23 (C) communication-based train controls; 

24 (D) signal system integrity at switches; 

25 (E) emergency response training, including 

26 training in a tunnel environment; 


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1 (F) security and redundancy for critical 

2 communications, electrical power, computer, and 

3 train control systems; and 

4 (G) technologies for securing bridges and 

5 tunnels; 

6 (4) to test wayside detectors that can detect tam7 pering; 

8 (5) to support enhanced security for the trans9 portation of security sensitive materials by railroad; 

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

11 cyberattack; and 

12 (7) to address other vulnerabilities and risks 

13 identified by the Secretary. 

14 (c) COORDINATION WITH OTHER RESEARCH INITIA15 TIVES.—The Secretary shall— 

16 (1) ensure that the research and development 

17 program is consistent with the National Strategy for 

18 Rail and Public Transportation Security developed 

19 under section 101; and 

20 (2) to the greatest extent practicable, coordinate 

21 the research and development activities of the Depart22 ment with other ongoing research and development se23 curity related initiatives, including research being 

24 conducted by— 

25 (A) the National Academy of Sciences; 


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1 (B) the Department of Transportation, in2 cluding University Transportation Centers and 

3 other institutes, centers, and simulators funded 

4 by the Department of Transportation; 

5 (C) the Technical Support Working Group; 

6 (D) other Federal departments and agen7 cies; and 

8 (E) other Federal and private research lab9 oratories, research entities, and universities and 

10 institutions of higher education including, His11 torically Black Colleges or Universities, and His12 panic Serving Institution or Tribal University, 

13 with the capability to conduct both practical and 

14 theoretical research and technical systems anal15 ysis on subjects that include bridge, tunnel, blast, 

16 and infrastructure protection; 

17 (3) carry out any research and development 

18 project authorized by this section through a reimburs19 able agreement with the appropriate agency or entity 

20 official, if the agency or entity— 

21 (A) is currently sponsoring a research and 

22 development project in a similar area; or 

23 (B) has a unique facility or capability that 

24 would be useful in carrying out the project; 


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1 (4) award grants, cooperative agreements, con2 tracts, other transactions, or reimbursable agreements 

3 to the entities described in subsection (c)(2) and shall 

4 adopt necessary procedures, including audits, to en5 sure that awards made under this section are ex6 pended in accordance with the purposes of this title 

7 and the priorities and other criteria developed by the 

8 Secretary; and 

9 (5) make reasonable efforts to enter into memo10 randa of understanding, contracts, grants, cooperative 

11 agreements, or other transactions with owners and 

12 operators of freight and intercity passenger rail and 

13 over-the-road bus facilities willing to contribute both 

14 physical space and other resources. 

15 (d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES

16 ISSUES.— 

17 (1) CONSULTATION.—In carrying out research 

18 and development projects under this section, the Sec19 retary shall consult with the Chief Privacy Officer of 

20 the Department and the Officer for Civil Rights and 

21 Civil Liberties of the Department as appropriate and 

22 in accordance with section 222 of the Homeland Secu23 rity Act of 2002 (6 U.S.C. 142). 

24 (2) PRIVACY IMPACT ASSESSMENTS.—In accord25 ance with sections 222 and 705 of the Homeland SeVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 curity Act of 2002 (6 U.S.C. 142; 345), the Chief Pri2 vacy Officer shall conduct privacy impact assessments 

3 and the Officer for Civil Rights and Civil Liberties 

4 shall conduct reviews, as appropriate, for research 

5 and development initiatives developed under this sec6 tion. 

7 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the Secretary to carry out 

9 this section— 

10 (1) $50,000,000 for fiscal year 2008; 

11 (2) $50,000,000 for fiscal year 2009; 

12 (3) $50,000,000 for fiscal year 2010; and 

13 (4) $50,000,000 for fiscal year 2011. 

14 Such sums shall remain available until expended. 

15 SEC. 112. WHISTLEBLOWER PROTECTIONS. 

16 (a) IN GENERAL.—No covered individual may be dis17 charged, demoted, suspended, threatened, harassed, rep18 rimanded, investigated, or in any other manner discrimi19 nated against, including by a denial, suspension, or revoca20 tion of a security clearance or by any other security access 

21 determination, if such discrimination is due, in whole or 

22 in part, to any lawful act done, perceived to have been done, 

23 or intended to be done by the covered individual— 

24 (1) to provide information, cause information to 

25 be provided, or otherwise assist in an investigation 


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1 regarding any conduct which the covered individual 

2 reasonably believes constitutes a violation of any law, 

3 rule, or regulation relating to rail, public transpor4 tation, or over-the-road-bus security, which the cov5 ered individual reasonably believes constitutes a 

6 threat to rail, public transportation, or over-the-road7 bus security, or which the covered individual reason8 ably believes constitutes fraud, waste, or mismanage9 ment of Government funds intended to be used for 

10 rail, public transportation, or over-the-road-bus secu11 rity, if the information or assistance is provided to 

12 or the investigation is conducted by— 

13 (A) by a Federal, State, or local regulatory 

14 or law enforcement agency (including an office of 

15 the Inspector General under the Inspector Gen16 eral Act of 1978 (5 U.S.C. app.; Public Law 95– 

17 452); 

18 (B) any Member of Congress, any committee 

19 of Congress, or the Government Accountability 

20 Office; or 

21 (C) a person with supervisory authority 

22 over the covered individual (or such other person 

23 who has the authority to investigate, discover, or 

24 terminate misconduct); 


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

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

3 or about to be filed relating to an alleged violation of 

4 any law, rule, or regulation relating to rail, public 

5 transportation, or over-the-road bus security; or 

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

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

8 transportation, or over-the-road bus security. 

9 (b) ENFORCEMENT ACTION.— 

10 (1) IN GENERAL.—A covered individual who al11 leges discharge or other discrimination by any person 

12 in violation of subsection (a) may seek relief under 

13 subsection (c)— 

14 (A) for covered individuals who are employ15 ees of the Department or the Department of 

16 Transportation, by filing a complaint with the 

17 Merit Systems Protection Board; 

18 (B) for contractors or subcontractors of the 

19 Department or Department of Transportation, 

20 by filing a complaint with their respective In21 spector General; 

22 (C) for all other covered individuals, by fil23 ing a complaint with the Secretary of Labor; 

24 and 


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1 (D) if the Secretary of Labor, Merit System 

2 Protection Board, or the respective Inspector 

3 General has not issued a final decision not later 

4 than 180 days after the filing of the complaint, 

5 or in the event that a final order or decision is 

6 issued by the Secretary of Labor, Merit System 

7 Protection Board, or the respective Inspector 

8 General, whether within the 180-day period or 

9 thereafter, when, not later than 90 days after 

10 such an order or decision is issued, bringing an 

11 original action at law or equity for de novo re12 view in the appropriate district court of the 

13 United States, which shall have jurisdiction over 

14 such an action without regard to the amount in 

15 controversy, and then, at the request of either 

16 party to such action, be tried by the court with 

17 a jury. 

18 (2) PROCEDURE.— 

19 (A) IN GENERAL.—An action under para20 graph (1) shall be governed under the rules and 

21 procedures set forth in section 42121(b) of title 

22 49, United States Code. 

23 (B) EXCEPTION.—Notification made under 

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


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

2 complaint and to the person’s employer. 

3 (C) BURDENS OF PROOF.—An action 

4 brought under paragraph (1) shall be governed 

5 by the legal burdens of proof set forth in section 

6 42121(b) of title 49, United States Code. 

7 (D) STATUTE OF LIMITATIONS.—An action 

8 under paragraph (1) shall be commenced not 

9 later than 1 year after the date on which the vio10 lation occurs. 

11 (c) REMEDIES.— 

12 (1) IN GENERAL.—A covered individual pre13 vailing in any action under subsection (b)(1) shall be 

14 entitled to all relief necessary to make the covered in15 dividual whole. 

16 (2) DAMAGES.—Relief for an action under sub17 section (b)(1) shall include remedies under subpara18 graphs (A) through (C) and if appropriate, may in19 clude subparagraph (D) of such subsection— 

20 (A) reinstatement with the same seniority 

21 status that the covered individual would have 

22 had, but for the discrimination; 

23 (B) the amount of any backpay, with inter24 est; and 


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1 (C) compensation for any special damages 

2 sustained as a result of the discrimination, in3 cluding litigation costs, expert witness fees, and 

4 reasonable attorney fees; and 

5 (3) POSSIBLE RELIEF.—Relief from an action 

6 under paragraph (1) may include punitive damages 

7 in an amount not to exceed the greater of 3 times the 

8 amount of any compensatory damages awarded under 

9 this section or $5,000,000. 

10 (d) USE OF STATE SECRETS PRIVILEGE.—If the Gov11 ernment, in a court of competent jurisdiction, asserts as a 

12 defense the privilege commonly referred to as the ‘‘state se13 crets privilege’’ then— 

14 (1) the parties will act expeditiously to settle the 

15 case and the court shall grant the parties 60 days by 

16 which to reach settlement of the pending matter to 

17 avoid disclosure of any sensitive government informa18 tion, including classified or sensitive intelligence in19 formation. The parties may certify to the court that 

20 settlement cannot be reached before the end of the 60- 

21 day period; 

22 (2) if the parties cannot settle the matter and the 

23 parties continue to litigate the matter, the parties and 

24 court shall apply special procedures in order to pro25 tect classified or sensitive intelligence information in 


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1 a manner consistent with sections 1 through 10 of the 

2 Classified Information and Procedures Act, and shall 

3 adhere to the Classified Information Procedures Act 

4 (18 U.S.C. App.; Public Law 96–456; 4 Stat. 2025); 

5 and 

6 (3) if, in any action brought under subsection 

7 (b)(1), the Government asserts the state secrets privi8 lege and the assertion of such privilege either is frivo9 lous, without merit, or is asserted and causes undue 

10 delay or hardship to the plaintiff, or prevents the 

11 plaintiff from establishing a prima facie case in sup12 port of the plaintiff’s claim or from rebutting an af13 firmative defense, then the court shall enter judgment 

14 for the plaintiff and shall determine the relief to be 

15 granted. 

16 (e) CRIMINAL PENALTIES.— 

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

18 person employing a covered individual to commit an 

19 act prohibited by subsection (a). Any person who will20 fully violates this section by terminating or retali21 ating against any covered individual who makes a 

22 claim under this section shall be fined under title 18, 

23 United States Code, imprisoned not more than 1 

24 year, or both. 

25 (2) REPORTING REQUIREMENT.— 


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1 (A) IN GENERAL.—The Attorney General 

2 shall submit to the appropriate congressional 

3 committees an annual report on the enforcement 

4 of paragraph (1). 

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

6 (i) identify each case in which formal 

7 charges under paragraph (1) were brought; 

8 (ii) describe the status or disposition of 

9 each such case; and 

10 (iii) in any actions under subsection 

11 (b)(1) in which the covered individual was 

12 the prevailing party or the substantially 

13 prevailing party, indicate whether or not 

14 any formal charges under paragraph (1) 

15 have been brought and, if not, the reasons 

16 therefor. 

17 (f) NO PREEMPTION.—Nothing in this section pre18 empts or diminishes any other safeguards against discrimi19 nation, demotion, discharge, suspension, threats, harass20 ment, reprimand, retaliation, or any other manner of dis21 crimination provided by Federal or State law. 

22 (g) RIGHTS RETAINED BY COVERED INDIVIDUAL.— 

23 Nothing in this section shall be deemed to diminish the 

24 rights, privileges, or remedies of any covered individual 

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1 gaining agreement. The rights and remedies in this section 

2 may not be waived by any agreement, policy, form, or con3 dition of employment. 

4 (h) DEFINITIONS.—In this section, the following defi5 nitions apply: 

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

7 individual’’ means an employee of— 

8 (A) the Department; 

9 (B) the Department of Transportation; 

10 (C) a contractor or subcontractor; and 

11 (D) an employer within the meaning of sec12 tion 701(b) of the Civil Rights Act of 1964 (42 

13 U.S.C. 2000e(b)) and who is a provider of cov14 ered transportation. 

15 (2) LAWFUL.—The term ‘‘lawful’’ means not spe16 cifically prohibited by law, except that, in the case of 

17 any information the disclosure of which is specifically 

18 prohibited by law or specifically required by Execu19 tive order to be kept classified in the interest of na20 tional defense or the conduct of foreign affairs, any 

21 disclosure of such information to any Member of Con22 gress, committee of Congress, or other recipient au23 thorized to receive such information, shall be deemed 

24 lawful. 


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

2 a person who has entered into a contract with the De3 partment, the Department of Transportation, or a 

4 provider of covered transportation. 

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

6 (A) with respect to an employer referred to 

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

8 defined by section 2105 of title 5, United States 

9 Code; and 

10 (B) with respect to an employer referred to 

11 in paragraph (1)(A), (1)(B), or (1)(C) any offi12 cer, partner, employee, or agent. 

13 (5) SUBCONTRACTOR.—The term ‘‘subcon14 tractor’’— 

15 (A) means any person, other than the con16 tractor, who offers to furnish or furnishes any 

17 supplies, materials, equipment, or services of any 

18 kind under a contract with the Department, the 

19 Department of Transportation, or a provider of 

20 covered transportation; and 

21 (B) includes any person who offers to fur22 nish or furnishes general supplies to the Federal 

23 contractor or a higher tier subcontractor. 

24 (6) PERSON.—The term ‘‘person’’ means a cor25 poration, partnership, State entity, business associaVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 tion of any kind, trust, joint-stock company, or indi2 vidual. 

3 SEC. 113. INCREASE IN SURFACE TRANSPORTATION SECU4 RITY INSPECTORS. 

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

6 total number of positions for full-time surface transpor7 tation security inspectors of the Department so that by De8 cember 31, 2010, the total number of such positions is at 

9 least 600. 

10 (b) QUALIFICATIONS.—Surface transportation security 

11 inspectors hired by the Secretary shall have at least 1 year 

12 or equivalent experience in conducting inspections and in13 vestigations and engaging in testing security systems and 

14 any other qualifications that the Secretary determines ap15 propriate. 

16 (c) ROLES AND RESPONSIBILITIES.—The Secretary, in 

17 consultation with the Secretary of Transportation and ap18 propriate State, local, and tribal officials, shall develop a 

19 standard operating procedure clearly defining the relation20 ship between— 

21 (1) surface transportation security inspectors of 

22 the Department and safety inspectors of the Depart23 ment of Transportation; and 


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1 (2) State, local, and tribal law enforcement offi2 cers and other law enforcement personnel, including 

3 railroad and public transportation police. 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

5 authorized to be appropriated to the Secretary to carry out 

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

7 shall remain available until expended. 

8 SEC. 114. NATIONAL DOMESTIC PREPAREDNESS CONSOR9 TIUM. 

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

11 Homeland Security a National Domestic Preparedness 

12 Consortium. 

13 (b) MEMBERS.—The National Domestic Preparedness 

14 Consortium that identifies, develops, tests, and delivers 

15 training to State, local, and tribal emergency response pro16 viders, provides onsite and mobile training at the perform17 ance and management and planning levels, and facilitates 

18 the delivery of awareness level training by the training 

19 partners of the Department shall consist of— 

20 (1) the Center for Domestic Preparedness; 

21 (2) the National Energetic Materials Research 

22 and Testing Center, New Mexico Institute of Mining 

23 and Technology; 

24 (3) the National Center for Biomedical Research 

25 and Training, Louisiana State University; 


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1 (4) the National Emergency Response and Res2 cue Training Center, Texas A&M University; 

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

4 Center, Nevada Test Site; and 

5 (6) the Transportation Technology Center in 

6 Pueblo, Colorado. 

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

8 authorized to be appropriated such sums as may be nec9 essary— 

10 (1) to at least maintain the funding level of fis11 cal year 2007 for each member of the National Do12 mestic Preparedness Consortium listed in subsection 

13 (b) in existence prior to the inclusion of the Trans14 portation Technology Center in the Consortium; and 

15 (2) in fiscal years 2008 through 2011, increase 

16 the funding level for each member of the National Do17 mestic Preparedness Consortium to not less than 3 

18 percent of the amount made available for the pre19 ceding fiscal year. 

20 SEC. 115. AUTHORIZATION OF VISIBLE INTERMODAL PRO21 TECTION RESPONSE TEAMS. 

22 The Secretary, acting through the Administrator of the 

23 Transportation Security Administration, is authorized to 

24 develop Visible Intermodal Protection Response (referred to 

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1 rity for any mode of transportation at any location within 

2 the United States. In forming a VIPR team, the Sec3 retary— 

4 (1) may use any asset of the Department, includ5 ing Federal air marshals, surface transportation secu6 rity inspectors, canine detection teams, and advanced 

7 screening technology; 

8 (2) has the discretion to determine, consistent 

9 with ongoing security threats, when a VIPR should be 

10 deployed, as well as the duration of the deployment 

11 in coordination with local security and law enforce12 ment officials; and 

13 (3) prior to deployments, shall consult with local 

14 security and law enforcement officials in the jurisdic15 tion where the VIPR Team is planned to deploy, to 

16 develop and agree upon the appropriate operating 

17 protocols and in order to educate those officials re18 garding the mission of the VIPR teams. 

19 SEC. 116. NATIONAL TRANSPORTATION SECURITY CENTER 

20 OF EXCELLENCE. 

21 (a) ESTABLISHMENT.—The Secretary shall establish a 

22 National Transportation Security Center of Excellence at 

23 an institution of higher education to conduct research and 

24 education activities, and to develop or provide professional 

25 security training, including the training of rail and public 


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1 transportation employees and rail and public transpor2 tation-related professionals, with emphasis on utilization of 

3 intelligent transportation systems, technologies, and archi4 tectures. 

5 (b) CRITERIA.—The Secretary shall designate the Cen6 ter according to the following selection criteria: 

7 (1) The demonstrated commitment of the institu8 tion to transportation security issues. 

9 (2) The use of and experience with partnerships 

10 with other institutions of higher education, Federal 

11 laboratories, or other nonprofit laboratories. 

12 (3) Capability to conduct both practical and the13 oretical research and technical systems analysis. 

14 (4) Utilization of intelligent transportation sys15 tem technologies and architectures. 

16 (5) Ability to develop professional security train17 ing programs. 

18 (6) Capability and willingness to conduct edu19 cation of transportation security professionals. 

20 (7) Such other criteria as the Secretary may des21 ignate. 

22 (c) CONSORTIUM.— 

23 (1) EXPERIENCE.—The Consortium shall include 

24 universities and institutions of higher education that 

25 have existing transportation programs. 


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1 (2) CERTAIN INCLUSIONS.—At least two of the 

2 consortium colleges and universities associated with 

3 the National Transportation Security Center of Ex4 cellence shall be an Historically Black College or Uni5 versity, an Hispanic Serving Institution, Tribal Uni6 versity, even if the primary institution is one of the 

7 aforementioned institutions of higher education. 

8 (3) DEGREE PROGRAM.—Of the universities se9 lected under paragraph (2), at least one shall have an 

10 established degree and an advanced degree program 

11 in transportation studies. 

12 (d) TRAINING.—If the consortium does not include the 

13 National Transit Institute, the Consortium shall work with 

14 the National Transit Institute on training programs. 

15 (e) FUNDING.—The Secretary shall provide such fund16 ing as is necessary to the National Transportation Security 

17 Center of Excellence established under subsection (a) to 

18 carry out this section. 

19 SEC. 117. TSA PERSONNEL LIMITATIONS. 

20 Any statutory limitation on the number of employees 

21 in the Transportation Security Administration does not 

22 apply to employees carrying out this Act. 

23 SEC. 118. HOMELAND SECURITY GRANTS. 

24 Notwithstanding any provision of this Act, all grants 

25 distributed for security-related purposes pursuant to this 


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1 Act, shall be administered on the basis of risk by the Sec2 retary as the lead Federal official on transportation secu3 rity. 

4 SEC. 119. THREAT ASSESSMENT SCREENING. 

5 Not later than 180 days after the date of the enactment 

6 of this Act, the Secretary shall implement a threat assess7 ment screening program, including name-based checks 

8 against terrorist watch lists and immigration status check, 

9 for all employees of covered transportation, that is the same 

10 as the threat assessment screening program required for fa11 cility employees and longshoremen by the Commandant of 

12 the Coast Guard under Coast Guard Notice USCG–2006– 

13 24189 (71 Fed. Reg. 25066 (Friday, April 28, 2006)). 

14 SEC. 120. BACKGROUND CHECKS FOR COVERED INDIVID15 UALS. 

16 (a) DEFINITIONS.—In this section, the following defi17 nitions apply: 

18 (1) BACKGROUND CHECKS.—The term ‘‘back19 ground check’’ means a check of the following: 

20 (A) Relevant criminal history databases. 

21 (B) In the case of an alien (as defined in 

22 the Immigration and Nationality Act (8 U.S.C. 

23 1101(a)(3)), the relevant databases to determine 

24 the status of the alien under the immigration 

25 laws of the United States. 


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1 (2) COVERED INDIVIDUALS.—The term ‘‘covered 

2 individual’’ means an employee of— 

3 (A) an employer, within the meaning of sec4 tion 701(b) of the Civil Rights Act of 1964 (42 

5 U.S.C. 2000e(b)), who is a provider of covered 

6 transportation; or 

7 (B) a contractor or subcontractor of such an 

8 employer. 

9 (b) REDRESS PROCESS.—If a provider of covered 

10 transportation conducts background checks in order to sat11 isfy any rules, regulations, directives, or other guidance 

12 issued by the Secretary to protect covered transportation 

13 from the threat of terrorism, the provider of covered trans14 portation shall provide an adequate redress process. 

15 (c) STANDARDS FOR REDRESS PROCESS.— 

16 (1) IN GENERAL.—The Secretary shall ensure 

17 that each provider of covered transportation imple18 ments a redress process in accordance with subsection 

19 (b) for covered individuals adversely impacted by a 

20 background check described in subsection (b). 

21 (2) STANDARDS.—The redress process shall be 

22 modeled after the appeals and waiver process estab23 lished for hazmat drivers and transportation workers 

24 at ports, as required by section 1515 of title 49, Code 

25 of Federal Regulations. 


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1 (3) COMPONENTS.—The redress process shall in2 clude the following: 

3 (A) A waiver process that will allow a cov4 ered individual to demonstrate, through rehabili5 tation, or facts surrounding the conviction or 

6 other mitigating factors, that the individual is 

7 not a security risk. 

8 (B) An appeal process during which a cov9 ered individual will have an opportunity to 

10 demonstrate that the individual does not have a 

11 disqualifying conviction either by— 

12 (i) correcting outdated underlying 

13 court records; 

14 (ii) proving mistaken identity; or 

15 (iii) establishing that the conviction 

16 cannot serve as the basis for an adverse em17 ployment decision in accordance with the 

18 limitations contained in subsection (d). 

19 (C) A proceeding providing an independent 

20 review. 

21 (D) A process to ensure compliance with the 

22 requirements of this section. 

23 (4) PROCEEDINGS PROVIDING AN INDEPENDENT

24 REVIEW.—A covered individual who requests a pro25 ceeding under paragraph (3)(C) shall have the right 


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1 to have waiver and appeal decisions heard by an 

2 independent decisionmaker with the ability to order 

3 reinstatement expeditiously or provide other remedy. 

4 (5) PREVIOUS BACKGROUND CHECKS.—A covered 

5 individual subjected to and adversely affected by a 

6 background check conducted by a provider of covered 

7 transportation (or a contractor or subcontractor of 

8 such a provider), in the period beginning on June 23, 

9 2006, and ending on the date of enactment of this 

10 Act, to satisfy any rules, regulations, directives, or 

11 other guidance issued by the Secretary to protect cov12 ered transportation from the threat of terrorism shall 

13 have an immediate right to a proceeding with an 

14 independent decisionmaker to determine if the adverse 

15 action was in compliance with this section and shall 

16 have a right to immediate reinstatement or other rem17 edy if the background check fails to comply with this 

18 section. 

19 (d) LIMITATIONS.— 

20 (1) IN GENERAL.—Subject to paragraph (2), any 

21 rule, regulation, directive, or other guidance issued by 

22 the Secretary regarding background checks of covered 

23 individuals shall prohibit an employer from making 

24 an adverse employment decision, including removal 


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1 or suspension, with respect to a covered individual 

2 based on— 

3 (A) a felony conviction that occurred 7 or 

4 more years ago; 

5 (B) a conviction of any offense for which 

6 the individual was released from incarceration 5 

7 or more years ago; or 

8 (C) any felony not listed in section 

9 1572.103 of title 49, Code of Federal Regula10 tions. 

11 (2) EXCEPTIONS.—The limitations contained in 

12 paragraph (1) shall not apply to a covered individual 

13 who has been convicted of any of the following: 

14 (A) Treason (or conspiracy to commit trea15 son). 

16 (B) Espionage (or conspiracy to commit es17 pionage). 

18 (C) Sedition (or conspiracy to commit sedi19 tion). 

20 (D) Any crime listed in chapter 113B of 

21 title 18, United States Code (or conspiracy to 

22 commit such a crime). 

23 (e) NO PREEMPTION OF FEDERAL OR STATE LAW.— 

24 Nothing in this section shall be construed as preempting 


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1 a Federal, State, or local law that requires criminal history 

2 background checks of covered employees. 

3 (f) STATUTORY CONSTRUCTION.—Nothing in this sec4 tion shall be construed to affect the process for review estab5 lished under section 70105(c) of title 46, United States 

6 Code, including regulations issued pursuant to such section. 

7 SEC. 121. TASK FORCE ON DISQUALIFYING CRIMES. 

8 (a) ESTABLISHMENT.—The Secretary shall establish a 

9 task force to review the lists of crimes that disqualify indi10 viduals from certain transportation-related employment 

11 under current regulations of the Transportation Security 

12 Administration and assess whether such lists of crimes are 

13 accurate indicators of a terrorism security risk. 

14 (b) MEMBERSHIP.—The task force shall be composed 

15 of representatives of appropriate industries, including rep16 resentatives of nonprofit employee labor organizations, and 

17 Federal agencies. 

18 (c) REPORT.—Not later than 180 days after the date 

19 of enactment of this Act, the task force shall transmit to 

20 the Secretary and Congress a report containing the results 

21 of the review, including recommendations for a common list 

22 of disqualifying crimes and the rationale for the inclusion 

23 of each crime on the list. 


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1 SEC. 122. PENALTIES. 

2 (a) REGULATIONS AND ORDERS OF THE SEC3 RETARY.—Section 114 of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(u) GENERAL CIVIL PENALTIES AND ENFORCEMENT

6 OF REGULATIONS AND ORDERS OF THE SECRETARY OF

7 HOMELAND SECURITY.— 

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

9 the enforcement of regulations prescribed, and orders 

10 issued, by the Secretary of Homeland Security under 

11 a provision of chapter 701 of title 46 and this title 

12 (other than chapter 449) (in this subsection referred 

13 to as an ‘applicable provision of this title’). Penalties 

14 for violation of regulations prescribed, and orders 

15 issued, by the Secretary of Homeland Security under 

16 a provision of chapter 449 are provided under chap17 ter 463. 

18 ‘‘(2) GENERAL CIVIL PENALTIES.— 

19 ‘‘(A) MAXIMUM CIVIL PENALTIES.—A per20 son is liable to the United States Government for 

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

22 violation of a regulation prescribed, or order 

23 issued, by the Secretary of Homeland Security 

24 under an applicable provision of this title. 


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

2 violation occurs under this paragraph for each 

3 day the violation continues. 

4 ‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PEN5 ALTIES.— 

6 ‘‘(A) IN GENERAL.—The Secretary of Home7 land Security may impose a civil penalty for a 

8 violation of a regulation prescribed, or order 

9 issued, under an applicable provision of this 

10 title. The Secretary of Homeland Security shall 

11 give written notice of the finding of a violation 

12 and the penalty. 

13 ‘‘(B) CIVIL ACTIONS TO COLLECT PEN14 ALTIES.—In a civil action to collect a civil pen15 alty imposed by the Secretary under this para16 graph, the issues of liability and the amount of 

17 the penalty may not be reexamined. 

18 ‘‘(C) EXCLUSIVE JURISDICTION OF DISTRICT

19 COURTS.—Notwithstanding subparagraph (A) of 

20 this paragraph, the district courts of the United 

21 States have exclusive jurisdiction of a civil ac22 tion involving a penalty that the Secretary initi23 ates if— 

24 ‘‘(i) the amount in controversy is more 

25 than— 


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1 ‘‘(I) $400,000 if the violation was 

2 committed by a person other than an 

3 individual or small business concern; 

4 or 

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

6 committed by an individual or small 

7 business concern; 

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

9 action in rem based on the same violation 

10 has been brought; or 

11 ‘‘(iii) another action has been brought 

12 for an injunction based on the same viola13 tion. 

14 ‘‘(D) MAXIMUM CIVIL PENALTIES IMPOSED

15 BY THE SECRETARY.—The maximum civil pen16 alty the Secretary may impose under this para17 graph is— 

18 ‘‘(i) $400,000 if the violation was com19 mitted by a person other than an indi20 vidual or small business concern; or 

21 ‘‘(ii) $50,000 if the violation was com22 mitted by an individual or small business 

23 concern. 

24 ‘‘(E) NOTICE AND OPPORTUNITY TO RE25 QUEST HEARING.—Before imposing a penalty 


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1 under this section the Secretary shall provide to 

2 the person against whom the penalty is to be im3 posed— 

4 ‘‘(i) written notice of the proposed pen5 alty; and 

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

7 later than 30 days after the date on which 

8 the person receives the notice, a hearing on 

9 the proposed penalty. 

10 ‘‘(4) COMPROMISE AND SETOFF.— 

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

12 compromise the amount of a civil penalty im13 posed under this subsection. 

14 ‘‘(B) SETOFF.—The Government may de15 duct the amount of a civil penalty imposed or 

16 compromised under this subsection from amounts 

17 it owes the person liable for the penalty. 

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

19 provisions set forth in chapter 461 shall be applicable 

20 to investigations and proceedings brought under this 

21 subsection to the same extent that they are applicable 

22 to investigations and proceedings brought with respect 

23 to aviation security duties designated to be carried 

24 out by the Secretary. 

25 ‘‘(6) NONAPPLICATION.— 


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1 ‘‘(A) PERSONS SUBJECT TO PENALTIES DE2 TERMINED BY THE SECRETARY OF DEFENSE.— 

3 Paragraphs (1) through (4) of this subsection do 

4 not apply to the following persons, who shall be 

5 subject to penalties as determined by the Sec6 retary of Defense or the Secretary’s designee: 

7 ‘‘(i) The transportation of personnel or 

8 shipments of materials by contractors where 

9 the Department of Defense has assumed con10 trol and responsibility. 

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

12 the United States when performing official 

13 duties. 

14 ‘‘(iii) A civilian employee of the De15 partment of Defense when performing offi16 cial duties. 

17 ‘‘(B) POSTAL SERVICE; DEPARTMENT OF

18 DEFENSE.—In this subsection, the term ‘person’ 

19 does not include— 

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

21 or 

22 ‘‘(ii) the Department of Defense. 

23 ‘‘(7) SMALL BUSINESS CONCERN DEFINED.—The 

24 term ‘small business concern’ has the meaning given 


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1 that term in section 3 of the Small Business Act (15 

2 U.S.C. 632).’’. 

3 (b) CONFORMING AMENDMENT.—Section 46301(a)(4) 

4 of title 49, United States Code, is amended by striking ‘‘or 

5 another requirement under this title administered by the 

6 Under Secretary of Transportation for Security’’. 

7 SEC. 123. SCHOOL BUS TRANSPORTATION SECURITY. 

8 (a) SCHOOL BUS SECURITY THREAT ASSESSMENT.— 

9 Not later than 1 year after the date of enactment of this 

10 Act, the Secretary shall transmit to the Committee on 

11 Homeland Security and Governmental Affairs of the Senate 

12 and the Committee on Homeland Security of the House of 

13 Representatives, a report, including a classified report, as 

14 appropriate, containing a comprehensive threat assessment 

15 of the threat of a terrorist attack on the Nation’s school bus 

16 transportation system in accordance with the requirements 

17 of this section. 

18 (b) CONTENTS OF THREAT ASSESSMENT.—The assess19 ment shall include— 

20 (1) an assessment of the Nation’s school bus 

21 transportation system, including publicly and pri22 vately operated systems; 

23 (2) the security threats to the assets and systems; 


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1 (3) an assessment of actions already taken by 

2 operators to address identified security vulnerabilities 

3 by both private and publicly operated systems; 

4 (4) an assessment of additional actions and in5 vestments necessary to improve the security of the Na6 tion’s school children traveling on school buses; 

7 (5) an assessment of whether additional legisla8 tion or Federal programs are needed to provide for 

9 the security of children traveling on school buses; and 

10 (6) an assessment of the psychological and eco11 nomic impacts of an attack on school buses. 

12 (c) CONSULTATION.—In conducting the threat assess13 ment, the Secretary shall consult with administrators and 

14 officials of school systems, representatives of the school bus 

15 industry, including both public and privately operated sys16 tems, public safety and law enforcement officials, and non17 profit employee labor organizations representing school bus 

18 drivers. 

19 SEC. 124. ENHANCED SECURITY MEASURES FOR SHIP20 MENTS OF SECURITY SENSITIVE MATERIALS. 

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

22 date of enactment of this Act, the Secretary, in consultation 

23 with the Secretary of Transportation, shall issue regula24 tions to require enhanced security measures for shipments 

25 of security sensitive materials. 


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1 (b) DEFINITIONS.— 

2 (1) SECURITY SENSITIVE MATERIAL.—The Sec3 retary shall designate a material, or a group or class 

4 of material, in a particular amount and form as se5 curity sensitive when the Secretary determines that 

6 transporting the material in commerce poses a sig7 nificant risk to national security due to the potential 

8 use of the material in an act of terrorism. In making 

9 such a designation, the Secretary shall consider the 

10 following: 

11 (A) A highway route-controlled quantity of 

12 a Class 7 (radioactive) material, as defined in 

13 section 173.403 of title 49, Code of Federal Regu14 lations, in a motor vehicle, railcar, or freight 

15 container. 

16 (B) More than 25 kilograms (55 pounds) of 

17 a division 1.1, 1.2, or 1.3 of section 173.5 of title 

18 49, Code of Federal Regulations (explosive) ma19 terial in a motor vehicle, rail car, or freight con20 tainer; 

21 (C) More than one liter (1.06 quart) per 

22 package of a material poisonous by inhalation, 

23 as defined in section 171.8 of title 49, Code of 

24 Federal Regulations, that meets the criteria for 

25 hazard zone A, as specified in section 173.116(a) 


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1 or section 173.133(a) of title 49, Code of Federal 

2 Regulations. 

3 (D) A shipment of a quantity of hazardous 

4 materials in a bulk packaging having a capacity 

5 equal to or greater than 13,248 liters (3,500 gal6 lons) for liquids or gases or more than 13.24 

7 cubic meters (68 cubic feet) for solids. 

8 (E) A shipment in other than a bulk pack9 aging of 2,268 kilograms (5,000 pounds) gross 

10 weight or more of one class of hazardous mate11 rials for which placarding of a vehicle, rail car, 

12 or freight container is required for that class 

13 under the provisions of section 172.521B of title 

14 49, Code of Federal Regulations. 

15 (F) A select agent or toxin regulated by the 

16 Centers for Disease Control and Prevention 

17 under part 73 of title 42, Code of Federal Regu18 lations. 

19 (G) A quantity of hazardous material that 

20 requires placarding under the provisions of sub21 part F of part 172 of title 49, Code of Federal 

22 Regulations. 

23 (2) AREA OF CONCERN.—For purposes of this 

24 section, the term ‘‘area of concern’’ means a geo25 graphic region designated by the Secretary as comVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 manding special consideration with respect to the se2 curity of the transportation of security sensitive mate3 rials, which shall include high threat urban areas as 

4 determined by the Secretary. 

5 (3) STORAGE PATTERN.—The term ‘‘storage pat6 tern’’ is defined as the conditions of storage, includ7 ing— 

8 (A) location of cars in railyards or on rail9 road-controlled leased tracks; 

10 (B) type of storage (such as bulk transfer or 

11 not); 

12 (C) typical types and numbers of security 

13 sensitive material cars stored in close proximity 

14 (in ranges); 

15 (D) population density; 

16 (E) average length of time cars are stored, 

17 attended or unattended; and 

18 (F) security measures present, including 

19 physical security measures, secure handoffs and 

20 nearest available safe havens for storage in case 

21 of heightened threat conditions. 

22 (4) MOST SECURE.—The term ‘‘most secure route 

23 or storage pattern’’ means the route or storage pattern 

24 that best reduces the risk, including consequences, of 

25 a terrorist attack on a shipment of security sensitive 


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1 material that is transported through or near an area 

2 of concern. 

3 (c) COMPILATION OF ROUTE AND STORAGE PATTERN

4 INFORMATION FOR RAIL CARRIERS TRANSPORTING SECU5 RITY SENSITIVE MATERIALS.—Not later than 90 days after 

6 the end of each calendar year, a rail carrier shall compile 

7 commodity data by route and storage pattern, a line seg8 ment or series of line segments as aggregated by the rail 

9 carrier. Within the rail carrier selected route, the com10 modity data shall identify the geographic location of the 

11 route and storage pattern and the total number of ship12 ments by United Nations identification number for security 

13 sensitive materials and storage patterns along the routes. 

14 (d) RAIL TRANSPORTATION ROUTE AND STORAGE

15 PATTERN ANALYSIS FOR SECURITY SENSITIVE MATE16 RIALS.—For each calendar year, a rail carrier shall provide 

17 a written analysis of the security risks for the transpor18 tation routes and storage patterns, identified in the com19 modity data collected as required by subsection (c). The se20 curity risks present shall be analyzed for the route, railroad 

21 facilities, railroad storage facilities, private storage facili22 ties, and areas of concern along or in proximity to the 

23 route. 

24 (e) ALTERNATIVE ROUTE AND STORAGE PATTERN

25 ANALYSIS FOR SECURITY SENSITIVE MATERIALS.— 


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1 (1) By the end of each calendar year, a rail car2 rier shall— 

3 (A) identify to the Department practical al4 ternative routes and storage patterns that will 

5 avoid areas of concern for each of the transpor6 tation routes or facilities it used to ship or store 

7 security sensitive materials through or near 

8 areas of concern in the last calendar year; and 

9 (B) perform a security risk assessment of 

10 the alternative route or storage pattern for com11 parison to the route and storage pattern analysis 

12 specified in subsection (d). 

13 (2) The analysis shall include the following: 

14 (A) Identification of security risks for alter15 native route or storage pattern. 

16 (B) Comparison of those risks identified in 

17 subparagraph (A) to the primary rail transpor18 tation route or storage pattern. 

19 (3) Rail carriers transporting security sensitive 

20 materials must consider the availability of inter21 change agreements or systems of tracks and facilities 

22 owned by other operators when determining whether 

23 an alternate route for transporting the security sen24 sitive materials to avoid areas of concern is practical. 


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1 (4) An alternate route or storage facility that 

2 will avoid an area of concern may be considered by 

3 the rail carrier to be impractical if the shipment 

4 originates in or is destined for the area of concern, 

5 or if there would be no harm beyond the property of 

6 the rail carrier transporting the shipment or storage 

7 facility storing the shipment in the event of a success8 ful terrorist attack on the shipment. 

9 (f) ALTERNATIVE ROUTE AND STORAGE PATTERN SE10 LECTION FOR SECURITY SENSITIVE MATERIALS.—A carrier 

11 shall use the analysis required by subsections (d) and (e) 

12 to select the most secure route and storage pattern to be 

13 used in moving the materials specified in subsection (b). 

14 (g) REVIEW.—Not less than once every 5 years, the 

15 analyses route and storage pattern selection determinations 

16 required under subsections (c), (d), (e), and (f) shall include 

17 a comprehensive, system-wide review of all operational 

18 changes, infrastructure modifications, traffic adjustments, 

19 changes in the nature of the areas of concern located along 

20 or in proximity to the route, or other changes affecting the 

21 security of the movements of the materials specified in sub22 section (b) of this section that were implemented during the 

23 5-year period. 


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1 SEC. 125. TECHNOLOGY STANDARDS AND CLEARINGHOUSE 

2 TO IMPROVE SECURITY OF COVERED TRANS3 PORTATION. 

4 (a) IN GENERAL.—The Secretary, acting through the 

5 Under Secretary for Science and Technology and the Direc6 tor of the Domestic Nuclear Detection Office (for radio7 logical and nuclear detection technologies and training), in 

8 consultation with the Director of the National Institute of 

9 Standards and Technology and other appropriate Federal 

10 agencies, as appropriate, shall establish a standards pro11 gram to support the development, promulgation, and up12 dating as necessary of national voluntary consensus stand13 ards for performance, testing, use, and training with respect 

14 to technologies that will improve the security of covered 

15 transportation in order to meet the security plan require16 ments under section 103(d)(1) and the security performance 

17 requirements under section 103(f). 

18 (b) EQUIPMENT STANDARDS.— 

19 (1) REQUIREMENTS.—The standards for the per20 formance, use, and validation of equipment developed 

21 under subsection (a) shall be designed to assist Fed22 eral, State, local, and tribal government and non23 government emergency response providers, other com24 ponents of the Department, providers of covered trans25 portation, shippers of hazardous material, manufac26 turers of railroad and transit cars, transportation 


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1 and public safety officials, and other relevant stake2 holders in acquiring and implementing technologies 

3 to prevent, prepare for, mitigate against, and respond 

4 to acts of terrorism on covered transportation. Such 

5 standards— 

6 (A) shall be, to the maximum extent prac7 ticable, consistent with any existing voluntary 

8 consensus standards; 

9 (B) shall take into account, as appropriate, 

10 new types of terrorism threats which may target 

11 covered transportation and responsibilities of the 

12 Department that may not have been con13 templated when such existing standards were de14 veloped; 

15 (C) shall focus on maximizing interoper16 ability, interchangeability, durability, flexibility, 

17 efficiency, efficacy, portability, sustainability, 

18 and safety; 

19 (D) shall facilitate deployment of the sys20 tems to the field and include concept of oper21 ations; 

22 (E) shall consider human factors science; 

23 and 

24 (F) shall cover all appropriate uses of the 

25 equipment. 


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1 (2) CATEGORIES OF EQUIPMENT.—In carrying 

2 out paragraph (1), the Secretary shall specifically 

3 consider national voluntary consensus standards for 

4 the performance, use, and validation of the following 

5 categories of equipment: 

6 (A) Physical security equipment, including 

7 surveillance cameras, alarm systems, access/in8 trusion control, motion detection, barriers such 

9 as fences, impact resistant doors, bomb-resistant 

10 trash receptacles, and personnel and vehicle iden11 tification systems. 

12 (B) Interoperable communications equip13 ment, including wireless and wireline voice, 

14 video, and data networks. 

15 (C) Information technology, including posi16 tion locating and tracking systems. 

17 (D) Cybersecurity equipment, including bio18 metric authentication systems, network and per19 sonal firewalls and other authentication tech20 nologies. 

21 (E) Personal protective equipment, includ22 ing garments, boots, gloves, and hoods and other 

23 protective clothing. 


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1 (F) Operational and search and rescue 

2 equipment, including canines and scene control 

3 and safety equipment such as first aid kits. 

4 (G) Explosive mitigation devices and explo5 sive detection and analysis equipment. 

6 (H) Chemical, biological, radiological, and 

7 nuclear detection equipment. 

8 (I) Decontamination equipment. 

9 (J) Noninvasive inspection and screening 

10 systems. 

11 (K) Medical and pharmaceutical supplies. 

12 (L) Other terrorism incident prevention 

13 equipment. 

14 (M) Such other equipment for which the 

15 Secretary determines that national voluntary 

16 consensus standards would be appropriate to im17 prove the security of covered transportation. 

18 (3) CERTIFICATION AND ACCREDITATION.—The 

19 Secretary, in carrying out this subsection, and in co20 ordination with the Director of the National Institute 

21 of Standards and Technology, may support the cer22 tification of equipment and the accreditation of lab23 oratories to conduct testing and evaluation. 

24 (c) TRAINING STANDARDS.— 


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1 (1) REQUIREMENTS.—The standards for the 

2 training developed under subsection (a) shall be de3 signed to enable Federal, State, local, and tribal gov4 ernment and nongovernment emergency response pro5 viders, other Department personnel, providers of cov6 ered transportation, shippers of hazardous material, 

7 manufacturers of railroad and transit cars, transpor8 tation and public safety officials, and other relevant 

9 stakeholders to use equipment effectively and appro10 priately in carrying out their responsibilities to se11 cure covered transportation. Such standards shall 

12 prioritize— 

13 (A) enabling appropriate stakeholders to 

14 prevent, prepare for, respond to, mitigate 

15 against, and recover from terrorist threats on 

16 covered transportation, including threats from 

17 chemical, biological, radiological, and nuclear 

18 weapons and explosive devices capable of inflict19 ing significant human casualties, and other po20 tentially catastrophic emergencies; and 

21 (B) familiarizing appropriate stakeholders 

22 with the proper use of equipment, including the 

23 capabilities and limitations of equipment and 

24 conditions in which the equipment is expected to 

25 operate. 


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1 (2) CATEGORIES OF ACTIVITIES.—In carrying 

2 out paragraph (1), the Secretary specifically shall in3 clude the following categories of activities: 

4 (A) Regional planning. 

5 (B) Joint exercises. 

6 (C) Information analysis and sharing. 

7 (D) Decision making protocols for incident 

8 response and alarms. 

9 (E) Emergency notification of affected pop10 ulations. 

11 (F) Detection of biological, nuclear, radio12 logical, and chemical weapons of mass destruc13 tion. 

14 (G) Screening and patrolling procedures. 

15 (H) Such other activities for which the Sec16 retary determines that national voluntary con17 sensus training standards would be appropriate. 

18 (3) CONSISTENCY.—In carrying out this sub19 section, the Secretary shall ensure that training 

20 standards are consistent with the principles of all 

21 hazards emergency preparedness. 

22 (d) CONSULTATION WITH STANDARDS ORGANIZA23 TIONS.—In establishing national voluntary consensus 

24 standards for equipment and training under this section, 


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1 the Secretary shall consult with relevant public and private 

2 sector groups, including— 

3 (1) the National Institute of Standards and 

4 Technology; 

5 (2) the American Public Transportation Associa6 tion; 

7 (3) the National Fire Protection Association; 

8 (4) the National Association of County and City 

9 Health Officials; 

10 (5) the Association of American Railroads; 

11 (6) the American Bus Association; 

12 (7) the Association of State and Territorial 

13 Health Officials; 

14 (8) the American National Standards Institute; 

15 (9) the National Institute of Justice; 

16 (10) the Inter-Agency Board for Equipment 

17 Standardization and Interoperability; 

18 (11) the National Public Health Performance 

19 Standards Program; 

20 (12) the National Institute for Occupational 

21 Safety and Health; 

22 (13) ASTM International; 

23 (14) the International Safety Equipment Asso24 ciation; 


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1 (15) the Emergency Management Accreditation 

2 Program; and 

3 (16) to the extent the Secretary considers appro4 priate, other national voluntary consensus standards 

5 development organizations, other interested Federal, 

6 State, and local agencies, and other interested per7 sons. 

8 (e) TECHNOLOGY CLEARINGHOUSE TO ENHANCE THE

9 SECURITY OF COVERED TRANSPORTATION.— 

10 (1) IN GENERAL.—The Secretary shall utilize the 

11 Technology Clearinghouse established under section 

12 313 of the Homeland Security Act of 2002 (6 U.S.C. 

13 193) to facilitate the identification, acquisition, and 

14 deployment of technology, equipment, and training 

15 for use by Federal, State, local, and tribal agencies, 

16 emergency response providers, other components of the 

17 Department, providers of covered transportation, 

18 shippers of hazardous material, manufacturers of 

19 railroad and transit cars, transportation and public 

20 safety officials, and other relevant stakeholders to pre21 vent, prepare for, mitigate against, respond to, or re22 cover from acts of terrorism on covered transpor23 tation. 


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1 (2) ELEMENTS OF THE TECHNOLOGY CLEARING2 HOUSE.—Activities in carrying out paragraph (1) 

3 shall include— 

4 (A) identifying available technologies that 

5 have been, or are in the process of being, devel6 oped, tested, evaluated, or demonstrated by the 

7 Department, other Federal agencies, the private 

8 sector, or foreign governments and international 

9 organizations, and reviewing whether such tech10 nologies may be useful in assisting appropriate 

11 stakeholders to prevent, prepare for, mitigate 

12 against, respond to, or recover from acts of ter13 rorism on covered transportation; and 

14 (B) communicating to Federal, State, local, 

15 and tribal agencies, emergency response pro16 viders, other components of the Department, pro17 viders of covered transportation, shippers of haz18 ardous material, manufacturers of railroad and 

19 transit cars, transportation and public safety of20 ficials, and other relevant stakeholders the avail21 ability of such technologies, as well as— 

22 (i) the technology’s specifications and 

23 concept of operations; 


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1 (ii) satisfaction of appropriate equip2 ment and training standards developed 

3 under subsections (a) and (b); 

4 (iii) relevant grants available from the 

5 Department to purchase or train with such 

6 technologies; and 

7 (iv) whether the Secretary has des8 ignated a product, equipment, service, de9 vice, or technology under subparagraph (A) 

10 as a qualified antiterrorism technology pur11 suant to the Support Anti-terrorism by Fos12 tering Effective Technologies Act of 2002 (6 

13 U.S.C. 441 et seq.). 

14 (3) COORDINATION.—The Secretary shall ensure 

15 that the technology clearinghouse activities conducted 

16 through the Under Secretary for Science and Tech17 nology are coordinated with appropriate components 

18 of the Department including the Domestic Nuclear 

19 Detection Office, the Transportation Security Admin20 istration, the Office of Infrastructure Protection, the 

21 Office of Grants and Training, and the Federal 

22 Emergency Management Agency. 

23 (4) AGREEMENTS.—The Secretary may enter 

24 into memoranda of understandings or agreements 

25 with other Federal agencies, foreign governments, and 


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1 national and international organizations as appro2 priate, in order to maximize the availability of such 

3 technologies and information through the Technology 

4 Clearinghouse. 

5 SEC. 126. RAIL TANK CAR SECURITY TESTING. 

6 (a) RAIL TANK CAR VULNERABILITY ASSESSMENT.— 

7 (1) ASSESSMENT.—The Secretary shall assess the 

8 likely methods of a deliberate attack against a rail 

9 tank car used to transport toxic-inhalation-hazard 

10 materials, and for each method assessed, the degree to 

11 which it may be successful in causing death, injury, 

12 or serious adverse effects to human health, the envi13 ronment, critical infrastructure, national security, the 

14 national economy, or public welfare. 

15 (2) THREATS.—In carrying out paragraph (1), 

16 the Secretary shall consider the most current threat 

17 information as to likely methods of a successful attack 

18 on a rail tank car transporting toxic-inhalation-haz19 ard materials, and may consider the following: 

20 (A) An improvised explosive device placed 

21 along the tracks. 

22 (B) An improvised explosive device attached 

23 to the rail car. 

24 (C) The use of shoulder-fired missiles. 

25 (D) The use of rocket propelled grenades. 


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1 (E) The use of mortars or high-caliber 

2 weapons. 

3 (3) PHYSICAL TESTING.—In developing the as4 sessment required under paragraph (1), the Secretary 

5 shall conduct physical testing of the vulnerability of 

6 rail tank cars used to transport toxic-inhalation-haz7 ard materials to different methods of a deliberate at8 tack, using technical information and criteria to 

9 evaluate the structural integrity of railroad tank cars. 

10 (4) REPORT.—Not later than 30 days after the 

11 completion of the assessment under paragraph (1), the 

12 Secretary shall provide to the appropriate congres13 sional committees a report, in the appropriate for14 mat, on such assessment. 

15 (b) RAIL TANK CAR DISPERSION MODELING.— 

16 (1) IN GENERAL.—The Secretary, acting through 

17 the National Infrastructure Simulation and Analysis 

18 Center, shall conduct air dispersion modeling anal19 ysis of a release of the contents of a single rail tank 

20 car of toxic-inhalation-hazard materials in at least 

21 three high-threat urban areas in the United States. 

22 (2) CONSIDERATIONS.—The analysis under this 

23 subsection shall take into account the following con24 siderations: 


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1 (A) A deliberate attack on a rail tank car 

2 transporting toxic-inhalation-hazard materials, 

3 including the most likely means of attack and 

4 the resulting dispersal rate. 

5 (B) Different times of day, to account for 

6 differences in population size and density in the 

7 urban area, as well as differences in cloud cov8 erage over the affected regions. 

9 (C) Historically accurate wind speeds, tem10 peratures and directions. 

11 (D) The difference between a rail tank car 

12 in motion and a stationary rail tank car. 

13 (E) Emergency response procedures by local 

14 officials, including the availability of medical 

15 countermeasures to treat exposures to toxic-inha16 lation-hazard materials. 

17 (F) Any other considerations the Secretary 

18 believes would develop an accurate, plausible dis19 persion model for toxic-inhalation-hazard mate20 rials released from a rail tank car as a result of 

21 a terrorist act. 

22 (3) CONSULTATION.—In conducting the disper23 sion modeling under paragraph (1), the Secretary 

24 shall consult with the appropriate State, local, and 


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1 tribal officials of the high-threat urban area selected, 

2 and with other Federal agencies as appropriate. 

3 (4) INFORMATION SHARING.—Upon completion 

4 of the analysis required under paragraph (1), the Sec5 retary shall share the information developed with the 

6 appropriate stakeholders within each high-threat 

7 urban area selected, given appropriate information 

8 protection provisions as may be required by the Sec9 retary. 

10 (5) REPORT.—Not later than 30 days after com11 pletion of all dispersion analyses under paragraph 

12 (1), the Secretary shall submit to the appropriate con13 gressional committees a report detailing the Sec14 retary’s conclusions and findings in an appropriate 

15 format. 

16 SEC. 127. RAIL RADIOLOGICAL AND NUCLEAR DETECTION. 

17 (a) PROTOTYPE.—Not later than one year after the 

18 date of enactment of this Act, the Domestic Nuclear Detec19 tion Office shall begin testing and evaluation of prototype 

20 systems to detect nuclear or radiological materials in rail 

21 security venues, including spectroscopic technologies. 

22 (b) STRATEGY.—Upon successful developmental testing 

23 and evaluation of such radiation detection technologies at 

24 Domestic Nuclear Detection Office test facilities, as well as 

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1 ments, the Domestic Nuclear Detection Office shall, in co2 ordination with Customs and Border Protection and the 

3 Transportation Security Administration, ensure appro4 priate training, operations, and response protocols are es5 tablished and, shall develop a deployment strategy to detect 

6 nuclear or radiological materials arriving in or trans7 porting through the United States by rail. Such strategy 

8 shall consider the integration of radiation detection tech9 nologies with other nonintrusive inspection technologies, in10 cluding imagery and density scanning, in order to utilize 

11 existing rail examination facilities and further strengthen 

12 border security. 

13 (c) REPORT TO CONGRESS.—Not later than September 

14 30, 2008, the Domestic Nuclear Detection Office shall trans15 mit to Congress a report. Such report shall— 

16 (1) describe the progress of testing and evalua17 tion under subsection (a); and 

18 (2) in coordination with U.S. Customs and Bor19 der Protection and the Transportation Security Ad20 ministration, describe the development of a strategy 

21 under subsection (b). 

22 (d) IMPLEMENTATION.—The Domestic Nuclear Detec23 tion Office, U.S. Customs and Border Protection, and the 

24 Transportation Security Administration shall begin impleVerDate Aug 31 2005 22:37 Mar 22, 2007 Jkt 059200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H1401.RH H1401

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1 mentation of the strategy developed under subsection (b) 

2 after verification of systems performance. 

3 SEC. 128. REQUIREMENT TO PROVIDE PREFERENCE TO 

4 QUALIFIED ANTI-TERRORISM TECH5 NOLOGIES. 

6 In using grant funds provided under this Act to pur7 chase products, equipment, services, devices, or technologies 

8 to be employed in the implementation of any security plan 

9 required under this Act, a grant recipient shall, to the ex10 tent practicable, give preference to products, equipment, 

11 services, devices, and technologies that the Secretary has 

12 designated as qualified anti-terrorism technologies under 

13 the Support Anti-terrorism by Fostering Effective Tech14 nologies Act of 2002 (subtitle G of title VIII of the Home15 land Security Act of 2002; 6 U.S.C. 441 et seq.), if the grant 

16 recipient determines that such a product, equipment, serv17 ice, device, or technology meets or exceeds the requirements 

18 of the security plan. 

19 SEC. 129. PROMOTING LIABILITY PROTECTIONS FOR PRO20 VIDERS OF COVERED TRANSPORTATION AND 

21 RELATED TECHNOLOGIES. 

22 The Secretary shall work with providers of covered 

23 transportation to identify for procurement products, equip24 ment, services, devices, and technologies to be employed in 

25 the implementation of security plans required under this 


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1 Act, that are designated by the Secretary as qualified anti2 terrorism technologies under the Support Anti-terrorism by 

3 Fostering Effective Technologies Act of 2002 (subtitle G of 

4 title VIII of the Homeland Security Act of 2002; 6 U.S.C. 

5 441 et seq.) or may otherwise be eligible for liability protec6 tions. 

7 SEC. 130. INTERNATIONAL RAIL SECURITY PROGRAM. 

8 (a) NON-INTRUSIVE INSPECTION EQUIPMENT.—For 

9 the purpose of checking in-bound rail shipments to the 

10 United States for undeclared passengers or contraband, in11 cluding terrorists or weapons, including weapons of mass 

12 destruction, the Secretary shall— 

13 (1) deploy, where practicable, non-intrusive in14 spection imaging equipment at locations where rail 

15 shipments cross an international border to enter the 

16 United States; or 

17 (2) implement alternative procedures to check 

18 such rail shipments at locations where the deployment 

19 of non-intrusive inspection imaging equipment is de20 termined to not be practicable. 

21 (b) ADVANCED FILING OF SECURITY DATA.— 

22 (1) IN GENERAL.—The Secretary shall— 

23 (A) identify and seek the submission of ad24 ditional data elements for improved high-risk 

25 targeting related to the movement of cargo 


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1 through the international supply chain utilizing 

2 a railroad prior to importation into the United 

3 States; and 

4 (B) analyze the data provided pursuant to 

5 in paragraph (1) to identify high-risk cargo for 

6 inspection. 

7 (2) INTERNATIONAL SUPPLY CHAIN DEFINED.— 

8 For purposes of this subsection, the term ‘‘inter9 national supply chain’’ means the end-to-end process 

10 for shipping goods to or from the United States begin11 ning at the point of origin (including manufacturer, 

12 supplier, or vendor) through a point of distribution to 

13 the destination. 

14 SEC. 131. TERRORIST WATCHLIST AND IMMIGRATION STA15 TUS REVIEW AT HIGH-RISK TRANSPORTATION 

16 SITES. 

17 The Secretary shall require each provider of covered 

18 transportation, including contractors and subcontractors, 

19 assigned to a high-risk tier under section 102 to conduct 

20 checks of their employees against available terrorist 

21 watchlists and immigration status databases. 


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1 TITLE II—SECURE TRANSPOR2 TATION THROUGH IN3 CREASED USE OF CANINE DE4 TECTION TEAMS 

5 SEC. 201. INCREASING THE NUMBER OF CANINE DETEC6 TION TEAMS FOR TRANSPORTATION SECU7 RITY. 

8 (a) MINIMUM REQUIREMENT.—The Secretary shall co9 ordinate with owners and providers of covered transpor10 tation systems to ensure that canine detection teams are 

11 deployed at each high-risk transportation system to provide 

12 continuous coverage if the Secretary considers it necessary. 

13 Each canine detection team— 

14 (1) shall be trained to detect explosives, and, to 

15 the greatest extent possible, chemical and biological 

16 weapons; and 

17 (2) may be deployed to alternate sites to provide 

18 additional coverage during times of increased risk or 

19 due to specific threat information, as determined by 

20 the Secretary. 

21 (b) INCREASE.—The Secretary shall coordinate with 

22 owners and providers of covered transportation systems to 

23 increase the number of trained canine detection teams de24 ployed at the Nation’s high-risk rail and mass transit sys25 tems by not less than 10 percent each fiscal year for fiscal 


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1 years 2008 through 2012. Each canine detection team shall 

2 be trained to detect explosives, and, to the greatest extent 

3 possible, chemical and biological weapons. 

4 SEC. 202. NATIONAL EXPLOSIVES DETECTION CANINE TEAM 

5 PROGRAM INCREASE. 

6 (a) INCREASE IN TEAMS.—The National Explosives 

7 Detection Canine Team Program of the Transportation Se8 curity Administration may train up to an additional 100 

9 canine detection teams per year but shall train at least the 

10 following numbers of additional teams: 

11 (1) 50 in fiscal year 2008. 

12 (2) 55 in fiscal year 2009. 

13 (3) 60 in fiscal year 2010. 

14 (4) 66 in fiscal year 2011. 

15 (5) 73 in fiscal year 2012. 

16 (b) DEPLOYED THROUGHOUT COUNTRY.—The canine 

17 detection teams authorized under this section shall be de18 ployed across the country to strengthen the security of cov19 ered transportation systems, including buses, subway sys20 tems, ferries, and passenger rail carriers. 

21 (c) REPORT.—Not later than 90 days after the date 

22 of the enactment of this section, the Administrator of the 

23 Transportation Security Administration shall submit to the 

24 Committee on Homeland Security of the House of Rep25 resentatives and the Committee on Homeland Security and 


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1 Governmental Affairs of the Senate a report on the per2 sonnel and resource needs to fulfill the requirements of this 

3 section. 

4 (d) AUTHORIZATION.—There are authorized to be ap5 propriated such sums as may be necessary to carry out this 

6 section. 

7 SEC. 203. TRANSPORTATION SECURITY ADMINISTRATION 

8 BREEDING PROGRAM INCREASE. 

9 (a) TSA PUPPY PROGRAM.—The Transportation Se10 curity Administration Puppy Program shall work to in11 crease the number of domestically bred canines to help meet 

12 the increase in demand for canine detection teams author13 ized in section 202 while preserving the current quality of 

14 canines provided for training. 

15 (b) REPORT REQUIRED.—Not later than 90 days after 

16 the date of the enactment of this section, the Administrator 

17 of the Transportation Security Administration shall submit 

18 to the Committee on Homeland Security of the House and 

19 the Committee on Homeland Security and Governmental 

20 Affairs of the Senate a report on the personnel and resource 

21 needs to fulfill the requirements of this section. 

22 (c) AUTHORIZATION.—There are authorized to be ap23 propriated such sums as may be necessary to carry out this 

24 section. 


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Union Calendar No. 36 

110TH CONGRESS 

1ST SESSION H. R. 1401 

[Report No. 110

–65, Part I] 

A BILL 

To improve the security of railroads, public transStates, and for other purposes. portation, and over-the-road buses in the United 

MARCH 22, 2007 

Reported from the Committee on Homeland Security 

with an amendment 

MARCH 22, 2007 

Committee on Transportation and Infrastructure disprinted House on the State of the Union and ordered to be charged; committed to the Committee of the Whole 


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