H. R. 1—184 
or suspension of the covered individual, due to such rule, regulation, 
or directive with respect to a covered individual unless the railroad 
carrier or contractor or subcontractor of a railroad carrier deter-
mines that the covered individual— 
(1) has been convicted of, has been found not guilty by 
reason of insanity, or is under want, warrant, or indictment 
for a permanent disqualifying criminal offense listed in part 
1572 of title 49, Code of Federal Regulations; 
(2) was convicted of or found not guilty by reason of insanity 
of an interim disqualifying criminal offense listed in part 1572 
of title 49, Code of Federal Regulations, within 7 years of 
the date that the railroad carrier or contractor or subcontractor 
of a railroad carrier performs the security background check; 
or 
(3) was incarcerated for an interim disqualifying criminal 
offense listed in part 1572 of title 49, Code of Federal Regula-
tions, and released from incarceration within 5 years of the 
date that the railroad carrier or contractor or subcontractor 
of a railroad carrier performs the security background check. 
(d) REDRESS PROCESS.—If the Secretary issues a rule, regula-
tion, or directive requiring a railroad carrier or contractor or subcon-
tractor of a railroad carrier to perform a security background check 
of a covered individual, the Secretary shall— 
(1) provide an adequate redress process for a covered indi-
vidual subjected to an adverse employment decision, including 
removal or suspension of the employee, due to such rule, regula-
tion, or directive that is consistent with the appeals and waiver 
process established for applicants for commercial motor vehicle 
hazardous 
materials 
endorsements 
and 
transportation 
employees at ports, as required by section 70105(c) of title 
46, United States Code; and 
(2) have the authority to order an appropriate remedy, 
including reinstatement of the covered individual, should the 
Secretary determine that a railroad carrier or contractor or 
subcontractor of a railroad carrier wrongfully made an adverse 
employment decision regarding a covered individual pursuant 
to such rule, regulation, or directive. 
(e) FALSE STATEMENTS.—A railroad carrier or a contractor or 
subcontractor of a railroad carrier may not knowingly misrepresent 
to an employee or other relevant person, including an arbiter 
involved in a labor arbitration, the scope, application, or meaning 
of any rules, regulations, directives, or guidance issued by the 
Secretary related to security background check requirements for 
covered individuals when conducting a security background check. 
Not later than 1 year after the date of enactment of this Act, 
the Secretary shall issue a regulation that prohibits a railroad 
carrier or a contractor or subcontractor of a railroad carrier from 
knowingly misrepresenting to an employee or other relevant person, 
including an arbiter involved in a labor arbitration, the scope, 
application, or meaning of any rules, regulations, directives, or 
guidance issued by the Secretary related to security background 
check requirements for covered individuals when conducting a secu-
rity background check. 
(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall 
be construed to abridge a railroad carrier’s or a contractor or 
subcontractor of a railroad carrier’s rights or responsibilities to 
make adverse employment decisions permitted by other Federal,
H. R. 1—185 
State, or local laws. Nothing in the section shall be construed 
to abridge rights and responsibilities of covered individuals, a rail-
road carrier, or a contractor or subcontractor of a railroad carrier, 
under any other Federal, State, or local laws or under any collective 
bargaining agreement. 
(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in 
this section shall be construed to preempt a Federal, State, or 
local law that requires criminal history background checks, 
immigration status checks, or other background checks, of covered 
individuals. 
(h) STATUTORY CONSTRUCTION.—Nothing in this section shall 
be construed to affect the process for review established under 
section 70105(c) of title 46, United States Code, including regula-
tions issued pursuant to such section. 
SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary, in consultation with the Adminis-
trator of the Transportation Security Administration, the Secretary 
of Transportation, heads of other appropriate Federal departments 
and agencies and Amtrak shall transmit a report to the appropriate 
congressional committees that contains— 
(1) a description of the current system for screening pas-
sengers and baggage on passenger railroad service between 
the United States and Canada; 
(2) an assessment of the current program to provide 
preclearance of airline passengers between the United States 
and Canada as outlined in ‘‘The Agreement on Air Transport 
Preclearance between the Government of Canada and the 
Government of the United States of America’’, dated January 
18, 2001; 
(3) an assessment of the current program to provide 
preclearance of freight railroad traffic between the United 
States and Canada as outlined in the ‘‘Declaration of Principle 
for the Improved Security of Rail Shipments by Canadian 
National Railway and Canadian Pacific Railway from Canada 
to the United States’’, dated April 2, 2003; 
(4) information on progress by the Department of Homeland 
Security and other Federal agencies towards finalizing a 
bilateral protocol with Canada that would provide for 
preclearance of passengers on trains operating between the 
United States and Canada; 
(5) a description of legislative, regulatory, budgetary, or 
policy barriers within the United States Government to pro-
viding prescreened passenger lists for railroad passengers trav-
eling between the United States and Canada to the Depart-
ment; 
(6) a description of the position of the Government of 
Canada and relevant Canadian agencies with respect to 
preclearance of such passengers; 
(7) a draft of any changes in existing Federal law necessary 
to provide for prescreening of such passengers and providing 
prescreened passenger lists to the Department; and 
(8) an analysis of the feasibility of reinstating in-transit 
inspections onboard international Amtrak trains. 
(b) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.—
H. R. 1—186 
(1) CONSULTATION.—In preparing the report under this 
section, the Secretary shall consult with the Chief Privacy 
Officer of the Department and the Officer for Civil Rights 
and Civil Liberties of the Department as appropriate and in 
accordance with section 222 of the Homeland Security Act 
of 2002. 
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sec-
tions 222 and 705 of the Homeland Security Act of 2002, 
the report must contain a privacy impact assessment conducted 
by the Chief Privacy Officer and a review conducted by the 
Officer for Civil Rights and Civil Liberties. 
SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM. 
(a) IN GENERAL.— 
(1) The Secretary shall develop a system to detect both 
undeclared passengers and contraband, with a primary focus 
on the detection of nuclear and radiological materials entering 
the United States by railroad. 
(2) SYSTEM
REQUIREMENTS.—In developing the system 
under paragraph (1), the Secretary may, in consultation with 
the Domestic Nuclear Detection Office, Customs and Border 
Protection, and the Transportation Security Administration— 
(A) deploy radiation detection equipment and nonintru-
sive imaging equipment at locations where railroad ship-
ments cross an international border to enter the United 
States; 
(B) consider the integration of radiation detection tech-
nologies with other nonintrusive inspection technologies 
where feasible; 
(C) ensure appropriate training, operations, and 
response protocols are established for Federal, State, and 
local personnel; 
(D) implement alternative procedures to check railroad 
shipments at locations where the deployment of nonintru-
sive inspection imaging equipment is determined to not 
be practicable; 
(E) ensure, to the extent practicable, that such tech-
nologies deployed can detect terrorists or weapons, 
including weapons of mass destruction; and 
(F) take other actions, as appropriate, to develop the 
system. 
(b) ADDITIONAL INFORMATION.—The Secretary shall— 
(1) identify and seek the submission of additional data 
elements for improved high-risk targeting related to the move-
ment of cargo through the international supply chain utilizing 
a railroad prior to importation into the United States; 
(2) utilize data collected and maintained by the Secretary 
of Transportation in the targeting of high-risk cargo identified 
under paragraph (1); and 
(3) analyze the data provided in this subsection to identify 
high-risk cargo for inspection. 
(c) REPORT TO CONGRESS.—Not later than September 30, 2008, 
the Secretary shall transmit to the appropriate congressional 
committees a report that describes the progress of the system 
being developed under subsection (a). 
(d) DEFINITIONS.—In this section:
H. R. 1—187 
(1) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘international 
supply chain’’ means the end-to-end process for shipping goods 
to or from the United States, beginning at the point of origin 
(including manufacturer, supplier, or vendor) through a point 
of distribution to the destination. 
(2) RADIATION DETECTION EQUIPMENT.—The term ‘‘radiation 
detection equipment’’ means any technology that is capable 
of detecting or identifying nuclear and radiological material 
or nuclear and radiological explosive devices. 
(3) INSPECTION.—The term ‘‘inspection’’ means the com-
prehensive process used by Customs and Border Protection 
to assess goods entering the United States to appraise them 
for duty purposes, to detect the presence of restricted or prohib-
ited items, and to ensure compliance with all applicable laws. 
SEC. 1525. TRANSMISSION LINE REPORT. 
(a) STUDY.—The Comptroller General shall undertake an 
assessment of the placement of high-voltage, direct-current, electric 
transmission lines along active railroad and other transportation 
rights-of-way. In conducting the assessment, the Comptroller Gen-
eral shall evaluate any economic, safety, and security risks and 
benefits to inhabitants living adjacent to such rights-of-way and 
to consumers of electric power transmitted by such transmission 
lines. 
(b) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Comptroller General shall transmit the results 
of the assessment in subsection (a) to the appropriate congressional 
committees. 
SEC. 1526. RAILROAD SECURITY ENHANCEMENTS. 
(a) RAILROAD POLICE OFFICERS.—Section 28101 of title 49, 
United States Code, is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Under’’; and 
(2) by adding at the end the following: 
‘‘(b) ASSIGNMENT.—A railroad police officer employed by a rail-
road carrier and certified or commissioned as a police officer under 
the laws of a State may be temporarily assigned to assist a second 
railroad carrier in carrying out law enforcement duties upon the 
request of the second railroad carrier, at which time the police 
officer shall be considered to be an employee of the second railroad 
carrier and shall have authority to enforce the laws of any jurisdic-
tion in which the second railroad carrier owns property to the 
same extent as provided in subsection (a).’’. 
(b) MODEL STATE LEGISLATION.—Not later than November 2, 
2007, the Secretary of Transportation shall develop and make avail-
able to States model legislation to address the problem of entities 
that claim to be railroad carriers in order to establish and run 
a police force when the entities do not in fact provide railroad 
transportation. In developing the model State legislation the Sec-
retary shall solicit the input of the States, railroads carriers, and 
railroad carrier employees. The Secretary shall review and, if nec-
essary, revise such model State legislation periodically. 
SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CER-
TAIN AMTRAK CONTRACTS. 
Section 24301 of title 49, United States Code, is amended 
by adding at the end the following: