‘‘(2) GENERAL CIVIL PENALTIES.—
‘‘(A) MAXIMUM CIVIL PENALTIES.—A per-
son is liable to the United States Government 
for a civil penalty of not more than $10,000 for 
a violation of a regulation prescribed, or order 
issued, by the Secretary of Homeland Security 
under an applicable provision of this title. 
‘‘(B) SEPARATE VIOLATIONS.—A separate 
violation occurs under this paragraph for each 
day the violation continues. 
‘‘(3) ADMINISTRATIVE
IMPOSITION
OF
CIVIL 
PENALTIES.—
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may impose a civil penalty 
for a violation of a regulation prescribed, or 
order issued, under an applicable provision of 
this title. The Secretary of Homeland Security 
shall give written notice of the finding of a vio-
lation and the penalty. 
‘‘(B) CIVIL
ACTIONS
TO
COLLECT
PEN-
ALTIES.—In a civil action to collect a civil pen-
alty imposed by the Secretary under this para-
graph, the issues of liability and the amount of 
the penalty may not be reexamined.
‘‘(C) EXCLUSIVE
JURISDICTION
OF
DIS-
TRICT
COURTS.—Notwithstanding 
subpara-
graph (A) of this paragraph, the district courts 
of the United States have exclusive jurisdiction 
of a civil action involving a penalty that the 
Secretary initiates if—
‘‘(i) the amount in controversy is 
more than—
‘‘(I) $400,000 if the violation 
was committed by a person other than 
an individual or small business con-
cern; or 
‘‘(II) $50,000 if the violation was 
committed by an individual or small 
business concern; 
‘‘(ii) the action is in rem or another 
action in rem based on the same violation 
has been brought; or 
‘‘(iii) another action has been brought 
for an injunction based on the same viola-
tion. 
‘‘(D) MAXIMUM CIVIL PENALTIES IMPOSED 
BY THE SECRETARY.—The maximum civil pen-
alty the Secretary may impose under this para-
graph is—
‘‘(i) $400,000 if the violation was 
committed by a person other than an indi-
vidual or small business concern; or 
‘‘(ii) $50,000 if the violation was com-
mitted by an individual or small business 
concern. 
‘‘(E) NOTICE AND OPPORTUNITY TO RE-
QUEST HEARING.—Before imposing a penalty 
under this section the Secretary shall provide to 
the person against whom the penalty is to be 
imposed—
‘‘(i) written notice of the proposed 
penalty; and 
‘‘(ii) the opportunity to request, not 
later than 30 days after the date on which 
the person receives the notice, a hearing on 
the proposed penalty. 
‘‘(4) COMPROMISE AND SETOFF.—
‘‘(A) COMPROMISE.—The Secretary may 
compromise the amount of a civil penalty im-
posed under this subsection. 
‘‘(B) SETOFF.—The Government may de-
duct the amount of a civil penalty imposed or 
compromised 
under 
this 
subsection 
from
amounts it owes the person liable for the pen-
alty. 
‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—The 
provisions set forth in chapter 461 shall be applica-
ble to investigations and proceedings brought under 
this subsection to the same extent that they are ap-
plicable to investigations and proceedings brought 
with respect to aviation security duties designated to 
be carried out by the Secretary. 
‘‘(6) NONAPPLICATION.—
‘‘(A) PERSONS
SUBJECT
TO
PENALTIES 
DETERMINED
BY
THE
SECRETARY
OF
DE-
FENSE.—Paragraphs (1) through (4) of this 
subsection do not apply to the following per-
sons, who shall be subject to penalties as deter-
mined by the Secretary of Defense or the Sec-
retary’s designee: 
‘‘(i) The transportation of personnel 
or shipments of materials by contractors 
where the Department of Defense has as-
sumed control and responsibility. 
‘‘(ii) A member of the Armed Forces 
of the United States when performing offi-
cial duties.
‘‘(iii) A civilian employee of the De-
partment of Defense when performing offi-
cial duties. 
‘‘(B) POSTAL SERVICE; DEPARTMENT OF 
DEFENSE.—In this subsection, the term ‘per-
son’ does not include—
‘‘(i) the United States Postal Service; 
or 
‘‘(ii) the Department of Defense. 
‘‘(7) SMALL
BUSINESS
CONCERN
DEFINED.—
The term ‘small business concern’ has the meaning 
given that term in section 3 of the Small Business 
Act (15 U.S.C. 632).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
46301(a)(4) of title 49, United States Code, is amended 
by striking ‘‘or another requirement under this title ad-
ministered by the Under Secretary of Transportation for 
Security’’. 
SEC. 123. SCHOOL BUS TRANSPORTATION SECURITY. 
(a) SCHOOL BUS SECURITY THREAT ASSESSMENT.—
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall transmit to the appropriate con-
gressional committees, a report, including a classified re-
port, as appropriate, containing a comprehensive threat 
assessment of the threat of a terrorist attack on the Na-
tion’s school bus transportation system in accordance with 
the requirements of this section. 
(b) CONTENTS OF THREAT ASSESSMENT.—The as-
sessment shall include—
(1) an assessment of the Nation’s school bus 
transportation system, including publicly and pri-
vately operated systems; 
(2) the security threats to the assets and sys-
tems; 
(3) an assessment of actions already taken by 
operators 
to 
address 
identified 
security 
vulnerabilities by both private and publicly operated 
systems; 
(4) an assessment of additional actions and in-
vestments necessary to improve the security of the 
Nation’s school children traveling on school buses; 
(5) an assessment of whether additional legisla-
tion or Federal programs are needed to provide for 
the security of children traveling on school buses; 
and 
(6) an assessment of the psychological and eco-
nomic impacts of an attack on school buses. 
(c) CONSULTATION.—In conducting the threat as-
sessment, the Secretary shall consult with administrators 
and officials of school systems, representatives of the
school bus industry, including both public and privately 
operated systems, public safety and law enforcement offi-
cials, and nonprofit employee labor organizations rep-
resenting school bus drivers. 
SEC. 124. ENHANCED SECURITY MEASURES FOR SHIP-
MENTS OF SECURITY SENSITIVE MATERIALS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the Secretary of Transportation, shall issue reg-
ulations to require enhanced security measures for ship-
ments of security sensitive materials. 
(b) DEFINITIONS.—
(1) SECURITY SENSITIVE MATERIAL.—The Sec-
retary shall designate a material, or a group or class 
of material, in a particular amount and form as se-
curity sensitive when the Secretary determines that 
transporting the material in commerce poses a sig-
nificant risk to national security due to the potential 
use of the material in an act of terrorism. In making 
such a designation, the Secretary shall consider the 
following: 
(A) A highway route-controlled quantity of 
a Class 7 (radioactive) material, as defined in 
section 173.403 of title 49, Code of Federal
Regulations, in a motor vehicle, railroad car, or 
freight container. 
(B) More than 25 kilograms (55 pounds) 
of a division 1.1, 1.2, or 1.3 explosive, as de-
fined in section 173.50 of title 49, Code of Fed-
eral Regulations, in a motor vehicle, rail car, or 
freight container. 
(C) More than one liter (1.06 quart) per 
package of a material poisonous by inhalation, 
as defined in section 171.8 of title 49, Code of 
Federal Regulations, that meets the criteria for 
hazard 
zone 
A, 
as 
specified 
in 
section 
173.116(a) or section 173.133(a) of title 49, 
Code of Federal Regulations. 
(D) A shipment of a quantity of hazardous 
materials in a bulk packaging having a capacity 
equal to or greater than 13,248 liters (3,500 
gallons) for liquids or gases or more than 13.24 
cubic meters (68 cubic feet) for solids. 
(E) A shipment in other than a bulk pack-
aging of 2,268 kilograms (5,000 pounds) gross 
weight or more of one class of hazardous mate-
rials for which placarding of a vehicle, rail car, 
or freight container is required for that class
under the provisions of section 172.521B of 
title 49, Code of Federal Regulations. 
(F) A select agent or toxin regulated by 
the Centers for Disease Control and Prevention 
under part 73 of title 42, Code of Federal Reg-
ulations. 
(G) A quantity of hazardous material that 
requires placarding under the provisions of sub-
part F of part 172 of title 49, Code of Federal 
Regulations. 
(2) AREA OF CONCERN.—For purposes of this 
section, the term ‘‘area of concern’’ means a geo-
graphic region designated by the Secretary as com-
manding special consideration with respect to the se-
curity of the transportation of security sensitive ma-
terials, which shall include high threat urban areas 
as determined by the Secretary. 
(3) STORAGE
PATTERN.—The term ‘‘storage 
pattern’’ is defined as the conditions of storage, in-
cluding—
(A) location of cars in railroad yards or on 
railroad-controlled leased tracks; 
(B) type of storage (such as bulk transfer 
or not);
(C) typical types and numbers of security 
sensitive material cars stored in close proximity 
(in ranges); 
(D) population density; 
(E) average length of time cars are stored, 
attended or unattended; and 
(F) security measures present, including 
physical security measures, secure handoffs and 
nearest available safe havens for storage in case 
of heightened threat conditions. 
(4) MOST
SECURE.—The term ‘‘most secure 
route or storage pattern’’ means the route or storage 
pattern that best reduces the risk, including con-
sequences, of a terrorist attack on a shipment of se-
curity sensitive material that is transported through 
or near an area of concern. 
(c) COMPILATION OF ROUTE AND STORAGE PAT-
TERN INFORMATION FOR RAILROAD CARRIERS TRANS-
PORTING SECURITY SENSITIVE MATERIALS.—Not later 
than 90 days after the end of each calendar year, a rail-
road carrier shall compile commodity data by route and 
storage pattern, a line segment or series of line segments 
as aggregated by the railroad carrier. Within the railroad 
carrier selected route, the commodity data shall identify 
the geographic location of the route and storage pattern
and the total number of shipments by United Nations 
identification number for security sensitive materials and 
storage patterns along the routes. 
(d) RAIL TRANSPORTATION ROUTE AND STORAGE 
PATTERN ANALYSIS FOR SECURITY SENSITIVE MATE-
RIALS.—For each calendar year, a railroad carrier shall 
provide a written analysis of the security risks for the 
transportation routes and storage patterns, identified in 
the commodity data collected as required by subsection 
(c). The security risks present shall be analyzed for the 
route, railroad facilities, railroad storage facilities, private 
storage facilities, and areas of concern along or in prox-
imity to the route. 
(e) ALTERNATIVE ROUTE AND STORAGE PATTERN 
ANALYSIS FOR SECURITY SENSITIVE MATERIALS.—
(1) By the end of each calendar year, a railroad 
carrier shall—
(A) identify to the Department practical 
alternative routes and storage patterns that will 
avoid areas of concern for each of the transpor-
tation routes or facilities it used to ship or store 
security sensitive materials through or near 
areas of concern in the last calendar year; and 
(B) perform a security risk assessment of 
the alternative route or storage pattern for
comparison to the route and storage pattern 
analysis specified in subsection (d). 
(2) The analysis shall include the following: 
(A) Identification of security risks for al-
ternative route or storage pattern. 
(B) Comparison of those risks identified in 
subparagraph (A) to the primary rail transpor-
tation route or storage pattern. 
(3) railroad carriers transporting security sen-
sitive materials must consider the availability of 
interchange agreements or systems of tracks and fa-
cilities owned by other operators when determining 
whether an alternate route for transporting the secu-
rity sensitive materials to avoid areas of concern is 
practical. 
(4) An alternate route or storage facility that 
will avoid an area of concern may be considered by 
the railroad carrier to be impractical if the shipment 
originates in or is destined for the area of concern, 
or if there would be no harm beyond the property 
of the railroad carrier transporting the shipment or 
storage facility storing the shipment in the event of 
a successful terrorist attack on the shipment. 
(f) ALTERNATIVE ROUTE AND STORAGE PATTERN 
SELECTION FOR SECURITY SENSITIVE MATERIALS.—A
railroad carrier shall use the analysis required by sub-
sections (d) and (e) to select the most secure route and 
storage pattern to be used in moving the materials speci-
fied in subsection (b). 
(g) REVIEW.—Not less than once every 5 years, the 
analyses route and storage pattern selection determina-
tions required under subsections (c), (d), (e), and (f) shall 
include a comprehensive, system-wide review of all oper-
ational changes, infrastructure modifications, traffic ad-
justments, changes in the nature of the areas of concern 
located along or in proximity to the route, or other 
changes affecting the security of the movements of the ma-
terials specified in subsection (b) of this section that were 
implemented during the 5-year period. 
SEC. 125. TECHNOLOGY STANDARDS AND CLEARINGHOUSE 
TO IMPROVE SECURITY OF COVERED TRANS-
PORTATION. 
(a) IN GENERAL.—The Secretary, acting through the 
Under Secretary for Science and Technology and the Di-
rector of the Domestic Nuclear Detection Office (for radi-
ological and nuclear detection technologies and training), 
in consultation with the Director of the National Institute 
of Standards and Technology and other appropriate Fed-
eral agencies, as appropriate, shall establish a standards 
program to support the development, promulgation, and
updating as necessary of national voluntary consensus 
standards for performance, testing, use, and training with 
respect to technologies that will improve the security of 
covered transportation in order to meet the security plan 
requirements under section 103(d)(1) and the security 
performance requirements under section 103(f). 
(b) EQUIPMENT STANDARDS.—
(1) REQUIREMENTS.—The standards for the 
performance, use, and validation of equipment devel-
oped under subsection (a) shall be designed to assist 
Federal, State, local, and tribal government and 
nongovernment emergency response providers, other 
components of the Department, providers of covered 
transportation, shippers of hazardous material, man-
ufacturers of railroad and transit cars, transpor-
tation and public safety officials, and other relevant 
stakeholders in acquiring and implementing tech-
nologies to prevent, prepare for, mitigate against, 
and respond to acts of terrorism on covered trans-
portation. Such standards—
(A) shall be, to the maximum extent prac-
ticable, consistent with any existing voluntary 
consensus standards; 
(B) shall take into account, as appropriate, 
new types of terrorism threats which may tar-
get covered transportation and responsibilities 
of the Department that may not have been con-
templated when such existing standards were 
developed; 
(C) shall focus on maximizing interoper-
ability, interchangeability, durability, flexibility, 
efficiency, efficacy, portability, sustainability, 
and safety; 
(D) shall facilitate deployment of the sys-
tems to the field and include concept of oper-
ations; 
(E) shall consider human factors science; 
and 
(F) shall cover all appropriate uses of the 
equipment. 
(2) CATEGORIES OF EQUIPMENT.—In carrying 
out paragraph (1), the Secretary shall specifically 
consider national voluntary consensus standards for 
the performance, use, and validation of the following 
categories of equipment: 
(A) Physical security equipment, including 
surveillance cameras, alarm systems, access/in-
trusion control, motion detection, barriers such 
as fences, impact resistant doors, bomb-resist-
ant trash receptacles, and personnel and vehicle 
identification systems. 
(B) Interoperable communications equip-
ment, including wireless and wireline voice, 
video, and data networks. 
(C) Information technology, including posi-
tion locating and tracking systems. 
(D) Cybersecurity equipment, including bi-
ometric authentication systems, network and 
personal firewalls and other authentication 
technologies. 
(E) Personal protective equipment, includ-
ing garments, boots, gloves, and hoods and 
other protective clothing. 
(F) Operational and search and rescue 
equipment, including canines and scene control 
and safety equipment such as first aid kits. 
(G) Explosive mitigation devices and explo-
sive detection and analysis equipment. 
(H) Chemical, biological, radiological, and 
nuclear detection equipment. 
(I) Decontamination equipment. 
(J) Noninvasive inspection and screening 
systems. 
(K) Medical and pharmaceutical supplies.
100
(L) Other terrorism incident prevention 
equipment. 
(M) Such other equipment for which the 
Secretary determines that national voluntary 
consensus standards would be appropriate to 
improve the security of covered transportation. 
(3) CERTIFICATION AND ACCREDITATION.—The 
Secretary, in carrying out this subsection, and in co-
ordination with the Director of the National Insti-
tute of Standards and Technology, may support the 
certification of equipment and the accreditation of 
laboratories to conduct testing and evaluation. 
(c) TRAINING STANDARDS.—
(1) REQUIREMENTS.—The standards for the 
training developed under subsection (a) shall be de-
signed to enable Federal, State, local, and tribal gov-
ernment and nongovernment emergency response 
providers, other Department personnel, providers of 
covered transportation, shippers of hazardous mate-
rial, manufacturers of railroad and transit cars, 
transportation and public safety officials, and other 
relevant stakeholders to use equipment effectively 
and appropriately in carrying out their responsibil-
ities to secure covered transportation. Such stand-
ards shall prioritize—
101
(A) enabling appropriate stakeholders to 
prevent, prepare for, respond to, mitigate 
against, and recover from terrorist threats on 
covered transportation, including threats from 
chemical, biological, radiological, and nuclear 
weapons and explosive devices capable of inflict-
ing significant human casualties, and other po-
tentially catastrophic emergencies; and 
(B) familiarizing appropriate stakeholders 
with the proper use of equipment, including the 
capabilities and limitations of equipment and 
conditions in which the equipment is expected 
to operate. 
(2) CATEGORIES OF ACTIVITIES.—In carrying 
out paragraph (1), the Secretary specifically shall in-
clude the following categories of activities: 
(A) Regional planning. 
(B) Joint exercises. 
(C) Information analysis and sharing. 
(D) Decision making protocols for incident 
response and alarms. 
(E) Emergency notification of affected 
populations.
102
(F) Detection of biological, nuclear, radio-
logical, and chemical weapons of mass destruc-
tion. 
(G) Screening and patrolling procedures. 
(H) Such other activities for which the 
Secretary determines that national voluntary 
consensus training standards would be appro-
priate. 
(3) CONSISTENCY.—In carrying out this sub-
section, the Secretary shall ensure that training 
standards are consistent with the principles of all 
hazards emergency preparedness. 
(d) CONSULTATION WITH STANDARDS ORGANIZA-
TIONS.—In establishing national voluntary consensus 
standards for equipment and training under this section, 
the Secretary shall consult with relevant public and private 
sector groups, including—
(1) the National Institute of Standards and 
Technology; 
(2) the American Public Transportation Asso-
ciation; 
(3) the National Fire Protection Association; 
(4) the National Association of County and City 
Health Officials; 
(5) the Association of American Railroads;
103
(6) the American Bus Association; 
(7) the Association of State and Territorial 
Health Officials; 
(8) the American National Standards Institute; 
(9) the National Institute of Justice; 
(10) the Inter-Agency Board for Equipment 
Standardization and Interoperability; 
(11) the National Public Health Performance 
Standards Program; 
(12) the National Institute for Occupational 
Safety and Health; 
(13) ASTM International; 
(14) the International Safety Equipment Asso-
ciation; 
(15) the Emergency Management Accreditation 
Program; 
(16) nonprofit employee labor organizations; 
and 
(17) to the extent the Secretary considers ap-
propriate, other national voluntary consensus stand-
ards development organizations, other interested 
Federal, State, and local agencies, and other inter-
ested persons. 
(e) TECHNOLOGY CLEARINGHOUSE
TO ENHANCE 
THE SECURITY OF COVERED TRANSPORTATION.—
104
(1) IN GENERAL.—The Secretary shall utilize 
the Technology Clearinghouse established under sec-
tion 313 of the Homeland Security Act of 2002 (6 
U.S.C. 193) to facilitate the identification, acquisi-
tion, and deployment of technology, equipment, and 
training for use by Federal, State, local, and tribal 
agencies, emergency response providers, other com-
ponents of the Department, providers of covered 
transportation, shippers of hazardous material, man-
ufacturers of railroad and transit cars, transpor-
tation and public safety officials, and other relevant 
stakeholders to prevent, prepare for, mitigate 
against, respond to, or recover from acts of ter-
rorism on covered transportation. 
(2) ELEMENTS OF THE TECHNOLOGY CLEAR-
INGHOUSE.—Activities in carrying out paragraph (1) 
shall include—
(A) identifying available technologies that 
have been, or are in the process of being, devel-
oped, tested, evaluated, or demonstrated by the 
Department, other Federal agencies, the private 
sector, or foreign governments and international 
organizations, and reviewing whether such tech-
nologies may be useful in assisting appropriate 
stakeholders to prevent, prepare for, mitigate
105
against, respond to, or recover from acts of ter-
rorism on covered transportation; and 
(B) communicating to Federal, State, 
local, and tribal agencies, emergency response 
providers, other components of the Department, 
providers of covered transportation, shippers of 
hazardous material, manufacturers of railroad 
and transit cars, transportation and public safe-
ty officials, and other relevant stakeholders the 
availability of such technologies, as well as—
(i) the technology’s specifications and 
concept of operations; 
(ii) satisfaction of appropriate equip-
ment and training standards developed 
under subsections (a) and (b); 
(iii) relevant grants available from the 
Department to purchase or train with such 
technologies; and 
(iv) whether the Secretary has des-
ignated a product, equipment, service, de-
vice, or technology under subparagraph (A) 
as a qualified antiterrorism technology 
pursuant to the Support Anti-terrorism by 
Fostering Effective Technologies Act of 
2002 (6 U.S.C. 441 et seq.).
106
(3) COORDINATION.—The Secretary shall en-
sure that the technology clearinghouse activities con-
ducted through the Under Secretary for Science and 
Technology are coordinated with appropriate compo-
nents of the Department including the Domestic Nu-
clear Detection Office, the Transportation Security 
Administration, the Office of Infrastructure Protec-
tion, the Office of Grants and Training, and the 
Federal Emergency Management Agency. 
(4) AGREEMENTS.—The Secretary may enter 
into memoranda of understandings or agreements 
with other Federal agencies, foreign governments, 
and national and international organizations as ap-
propriate, in order to maximize the availability of 
such technologies and information through the Tech-
nology Clearinghouse. 
(f) SAVINGS PROVISION.—An action of the Secretary 
or the Secretary of Transportation under this Act is not 
an exercise, under section 4(b)(1) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of 
statutory authority to prescribe or enforce standards or 
regulations affecting occupational safety or health. 
SEC. 126. RAIL TANK CAR SECURITY TESTING. 
(a) RAIL
TANK
CAR
VULNERABILITY
ASSESS-
MENT.—
107
(1) ASSESSMENT.—The Secretary and the Sec-
retary of Transportation shall jointly assess the like-
ly methods of a deliberate attack against a rail tank 
car used to transport toxic-inhalation-hazard mate-
rials, and for each method assessed, the degree to 
which it may be successful in causing death, injury, 
or serious adverse effects to human health, the envi-
ronment, critical infrastructure, national security, 
the national economy, or public welfare. 
(2) THREATS.—In carrying out paragraph (1), 
the Secretary and the Secretary of Transportation 
shall jointly consider the most current threat infor-
mation as to likely methods of a successful attack on 
a rail tank car transporting toxic-inhalation-hazard 
materials, and may consider the following: 
(A) An improvised explosive device placed 
along the tracks. 
(B) An improvised explosive device at-
tached to the rail car. 
(C) The use of shoulder-fired missiles. 
(D) The use of rocket propelled grenades. 
(E) The use of mortars or high-caliber 
weapons. 
(3) PHYSICAL TESTING.—In developing the as-
sessment required under paragraph (1), the Sec-
108
retary and the Secretary of Transportation shall 
conduct physical testing of the vulnerability of rail 
tank cars used to transport toxic-inhalation-hazard 
materials to different methods of a deliberate attack, 
using technical information and criteria to evaluate 
the structural integrity of railroad tank cars. 
(4) REPORT.—Not later than 30 days after the 
completion of the assessment under paragraph (1), 
the Secretary shall provide to the appropriate con-
gressional committees a report, in the appropriate 
format, on such assessment. 
(b) RAIL TANK CAR DISPERSION MODELING.—
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the National Infrastructure Simulation and 
Analysis Center, shall conduct air dispersion mod-
eling analysis of a release of the contents of a single 
rail tank car of toxic-inhalation-hazard materials in 
at least three high-threat urban areas in the United 
States. 
(2) CONSIDERATIONS.—The analysis under this 
subsection shall take into account the following con-
siderations: 
(A) A deliberate attack on a rail tank car 
transporting toxic-inhalation-hazard materials,
109
including the most likely means of attack and 
the resulting dispersal rate. 
(B) Different times of day, to account for 
differences in population size and density in the 
urban area, as well as differences in cloud cov-
erage over the affected regions. 
(C) Historically accurate wind speeds, tem-
peratures and directions. 
(D) The difference between a rail tank car 
in motion and a stationary rail tank car. 
(E) Emergency response procedures by 
local officials, including the availability of med-
ical countermeasures to treat exposures to 
toxic-inhalation-hazard materials. 
(F) Any other considerations the Secretary 
believes would develop an accurate, plausible 
dispersion model for toxic-inhalation-hazard 
materials released from a rail tank car as a re-
sult of a terrorist act. 
(3) CONSULTATION.—In conducting the disper-
sion modeling under paragraph (1), the Secretary 
and the Secretary of Transportation shall consult 
with the appropriate State, local, and tribal officials 
of the high-threat urban area selected, and with 
other Federal agencies as appropriate.
110
(4) INFORMATION SHARING.—Upon completion 
of the analysis required under paragraph (1), the 
Secretary shall share the information developed with 
the appropriate stakeholders within each high-threat 
urban area selected, given appropriate information 
protection provisions as may be required by the Sec-
retary. 
(5) REPORT.—Not later than 30 days after 
completion of all dispersion analyses under para-
graph (1), the Secretary shall submit to the appro-
priate congressional committees a report detailing 
the Secretary’s conclusions and findings in an appro-
priate format. 
SEC. 127. RAIL RADIOLOGICAL AND NUCLEAR DETECTION. 
(a) PROTOTYPE.—Not later than one year after the 
date of enactment of this Act, the Domestic Nuclear De-
tection Office shall begin testing and evaluation of proto-
type systems to detect nuclear or radiological materials in 
rail security venues, including spectroscopic technologies. 
(b) STRATEGY.—Upon successful developmental test-
ing and evaluation of such radiation detection technologies 
at Domestic Nuclear Detection Office test facilities, as 
well as extensive testing and evaluation in operational en-
vironments, the Domestic Nuclear Detection Office shall, 
in coordination with Customs and Border Protection and
111
the Transportation Security Administration, ensure ap-
propriate training, operations, and response protocols are 
established and, shall develop a deployment strategy to de-
tect nuclear or radiological materials arriving in or trans-
porting through the United States by rail. Such strategy 
shall consider the integration of radiation detection tech-
nologies with other nonintrusive inspection technologies, 
including imagery and density scanning, in order to utilize 
existing rail examination facilities and further strengthen 
border security. 
(c) REPORT TO CONGRESS.—Not later than Sep-
tember 30, 2008, the Domestic Nuclear Detection Office 
shall transmit to Congress a report. Such report shall—
(1) describe the progress of testing and evalua-
tion under subsection (a); and 
(2) in coordination with U.S. Customs and Bor-
der Protection and the Transportation Security Ad-
ministration, describe the development of a strategy 
under subsection (b). 
(d) IMPLEMENTATION.—The Domestic Nuclear De-
tection Office, U.S. Customs and Border Protection, and 
the Transportation Security Administration shall begin 
implementation of the strategy developed under subsection 
(b) after verification of systems performance.
112
SEC. 128. REQUIREMENT TO PROVIDE PREFERENCE TO 
QUALIFIED 
ANTI-TERRORISM 
TECH-
NOLOGIES. 
(a) PREFERENCE.—In using grant funds provided 
under this Act to purchase products, equipment, services, 
devices, or technologies to be employed in the implementa-
tion of any security plan required under this Act, a grant 
recipient should, to the extent practicable, give preference 
to products, equipment, services, devices, and technologies 
that the Secretary has designated as qualified anti-ter-
rorism technologies under the Support Anti-terrorism by 
Fostering Effective Technologies Act of 2002 (subtitle G 
of title VIII of the Homeland Security Act of 2002; 6 
U.S.C. 441 et seq.), if the grant recipient determines that 
such a product, equipment, service, device, or technology 
meets or exceeds the requirements of the security plan. 
(b) SAVINGS PROVISION.—Nothing in this section 
shall affect grant recipient requirements pursuant to sec-
tion 5323(j) of title 49, United States Code, section 
24305(f) of title 49, United States Code, and the Buy 
American Act (41 U.S.C. 10). 
SEC. 129. PROMOTING LIABILITY PROTECTIONS FOR PRO-
VIDERS OF COVERED TRANSPORTATION AND 
RELATED TECHNOLOGIES. 
The Secretary shall work with providers of covered 
transportation to identify for procurement products,
113
equipment, services, devices, and technologies to be em-
ployed in the implementation of security plans required 
under this Act, that are designated by the Secretary as 
qualified anti-terrorism technologies under the Support 
Anti-terrorism by Fostering Effective Technologies Act of 
2002 (subtitle G of title VIII of the Homeland Security 
Act of 2002; 6 U.S.C. 441 et seq.) or may otherwise be 
eligible for liability protections. 
SEC. 130. INTERNATIONAL RAIL SECURITY PROGRAM. 
(a) NON-INTRUSIVE INSPECTION EQUIPMENT.—For 
the purpose of checking in-bound rail shipments to the 
United States for terrorists or weapons, including weapons 
of mass destruction, the Secretary shall—
(1) deploy, where practicable, non-intrusive in-
spection imaging equipment at locations where rail 
shipments cross an international border to enter the 
United States; or 
(2) implement alternative procedures to check 
such rail shipments at locations where the deploy-
ment of non-intrusive inspection imaging equipment 
is determined to not be practicable. 
(b) ADVANCED FILING OF SECURITY DATA.—
(1) IN GENERAL.—The Secretary shall—
(A) identify and seek the submission of ad-
ditional data elements for improved high-risk
114
targeting related to the movement of cargo 
through the international supply chain utilizing 
a railroad prior to importation into the United 
States; and 
(B) analyze the data provided pursuant to 
in paragraph (1) to identify high-risk cargo for 
inspection. 
(2) 
INTERNATIONAL
SUPPLY
CHAIN
DE-
FINED.—For purposes of this subsection, 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. 
(c) USE OF TRANSPORTATION DATA.—In carrying 
out this subsection, the Secretary shall make use of data 
collected and maintained by the Secretary of Transpor-
tation. 
SEC. 131. TERRORIST WATCHLIST AND IMMIGRATION STA-
TUS 
REVIEW 
AT 
HIGH-RISK 
TRANSPOR-
TATION SITES. 
In carrying out section 119, the Secretary shall re-
quire each provider of covered transportation, including 
contractors and subcontractors, assigned to a high-risk 
tier under section 102 to submit the names of their em-
115
ployees to the Secretary to conduct checks of their employ-
ees against available terrorist watchlists and immigration 
status databases. 
SEC. 132. REVIEW OF GRANT-MAKING EFFICIENCY. 
(a) ANNUAL STUDY.—The Comptroller General of 
the United States shall conduct an annual study for each 
of the first 3 years after the enactment of this title regard-
ing the administration and use of the grants awarded 
under sections 105, 106, and 107 of this title, including—
(1) the efficiency of the division of the grant-
making process, including whether the Department 
of Transportation’s role in distributing, auditing, 
and monitoring the grant funds produces efficiency 
compared to the consolidation of these responsibil-
ities in the Department of Homeland Security; 
(2) whether the roles of the Department of 
Homeland Security and the Department of Trans-
portation in the administration of the grants permit 
the grants to be awarded and used in a timely and 
efficient manner and according to their intended 
purposes; 
(3) the use of grant funds, including whether 
grant funds are used for authorized purposes. 
(b) REPORT.—The Comptroller General of the 
United States shall submit an annual report to the appro-
116
priate congressional committees on the results of the study 
for each of the first 3 years after enactment of this title, 
including any recommendations for improving the admin-
istration and use of the grant funds awarded under sec-
tions 105, 106, and 107. 
SEC. 133. ROLES OF THE DEPARTMENT OF HOMELAND SE-
CURITY AND THE DEPARTMENT OF TRANS-
PORTATION. 
The Secretary of Homeland Security is the principal 
Federal official responsible for transportation security. 
The roles and responsibilities of the Department of Home-
land Security and the Department of Transportation in 
carrying out sections 101, 103, 104, 105, 106, 107, 109, 
110, 111, 113, 123, 124, 125, 126, 127, 128, 129, 130, 
131, and 201 of this Act are the roles and responsibilities 
of such Departments pursuant to the Aviation and Trans-
portation Security Act (Public Law 107–71); the Intel-
ligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108–458); the National Infrastructure Pro-
tection Plan required by Homeland Security Presidential 
Directive 7; Executive Order 13416: Strengthening Sur-
face Transportation Security, dated December 5, 2006; 
the Memorandum of Understanding between the Depart-
ment and the Department of Transportation on Roles and 
Responsibilities, dated September 28, 2004; the Annex to
117
the Memorandum of Understanding between the Depart-
ment and the Department of Transportation on Roles and 
Responsibilities concerning Railroad Security, dated Sep-
tember 28, 2006; the Annex to the Memorandum of Un-
derstanding between the Department and the Department 
of Transportation on Roles and Responsibilities con-
cerning Public Transportation Security, dated September 
8, 2005; and any subsequent agreements between the De-
partment of Homeland Security and the Department of 
Transportation. 
SEC. 134. ASSESSMENT AND REPORT. 
(a) STUDY.—The Secretary, in coordination with the 
Secretary of Transportation, shall assess the safety and 
security vulnerabilities of placing high voltage direct cur-
rent electric transmission lines along active railroad 
rights-of-way. In conducting the assessment, the Secretary 
shall, at a minimum, evaluate the risks to local inhabitants 
and to consumers of electric power transmitted by those 
lines, associated with a train collision or derailment that 
damages such electric transmission lines. 
(b) REPORT.—Not later than 6 months after the date 
of enactment of this Act, the Secretary shall transmit the 
results of the assessment in subsection (a) to the appro-
priate congressional committees as defined in this Act.
118
SEC. 135. STUDY OF FOREIGN RAIL SECURITY PRACTICES. 
The Secretary shall—
(1) study select foreign rail security practices, 
and the cost and feasibility of implementing selected 
best practices that are not currently used in the 
United States, including—
(A) implementing covert testing processes 
to evaluate the effectiveness of rail system secu-
rity personnel; 
(B) implementing practices used by foreign 
rail operators that integrate security into infra-
structure design; 
(C) implementing random searches or 
screening of passengers and their baggage; and 
(D) establishing and maintaining an infor-
mation clearinghouse on existing and emergency 
security technologies and security best practices 
used in the passenger rail industry both in the 
United States and abroad; and 
(2) report the results of the study, together 
with any recommendations that the Secretary may 
have for implementing covert testing, practices for 
integrating security in infrastructure design, random 
searches or screenings, and an information clearing-
house to the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee
119
on Homeland Security of the House of Representa-
tives, the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on 
Transportation and Infrastructure of the House of 
Representatives not later than 1 year after the date 
of enactment of this Act. 
SEC. 136. ALTERNATIVE MATERIAL SOURCES. 
The Secretary of Transportation, in consultation with 
the Secretary, shall establish a program to coordinate with 
State and local governments to minimize the need for 
transportation of toxic inhalation hazardous materials by 
rail. 
SEC. 137. IMMUNITY FOR REPORTING SUSPICIOUS ACTIVI-
TIES AND MITIGATING TERRORIST THREATS 
RELATING TO TRANSPORTATION SECURITY. 
(a) IMMUNITY FOR REPORTING SUSPICIOUS BEHAV-
IOR.—Any person who makes or causes to be made a vol-
untary disclosure of any suspicious transaction, activity or 
occurrence indicating that an individual may be engaging 
or preparing to engage in a matter described in subsection 
(b) to any employee or agent of the Department of Home-
land Security, the Department of Transportation, the De-
partment of Justice, any Federal, State, or local law en-
forcement officer, any transportation security officer, or 
to any employee or agent of a transportation system shall
120
be immune from civil liability to any person under any 
law or regulation of the United States, any constitution, 
law, or regulation of any State or political subdivision of 
any State, for such disclosure. 
(b) COVERED DISCLOSURES.—The matter referred to 
in subsection (a) is a possible violation or attempted viola-
tion of law or regulation relating—
(1) to a threat to transportation systems or 
passenger safety or security; or 
(2) to an act of terrorism, as defined in section 
3077 of title 18, United States Code, that involves 
or is directed against transportation systems or pas-
sengers. 
(c) IMMUNITY FOR MITIGATION OF THREATS.—Any 
person, including an owner, operator or employee of a 
transportation system, who takes reasonable action to 
mitigate a suspicious matter described in subsection (b) 
shall be immune from civil liability to any person under 
any law or regulation of the United States, any constitu-
tion, law, or regulation of any State or political subdivision 
of any State, for such action. 
(d) LIMITATION ON APPLICATION.—Subsection (a) 
shall not apply to a statement or disclosure by a person 
that, at the time it is made, is known by the person to 
be false.
121
(e) ATTORNEY FEES AND COSTS.—If a person is 
named as a defendant in a civil lawsuit for making vol-
untary disclosures of any suspicious transaction or taking 
actions to mitigate a suspicious matter described in sub-
section (b), and the person is found to be immune from 
civil liability under this section, the person shall be entitled 
to recover from the plaintiff all reasonable costs and attor-
ney’s fees as allowed by the court. 
(f) RETROACTIVE APPLICATION.—This section shall 
apply to activities and claims occurring on or after Novem-
ber 20, 2006. 
TITLE 
II—SECURE 
TRANSPOR-
TATION 
THROUGH 
IN-
CREASED USE OF CANINE DE-
TECTION TEAMS 
SEC. 201. INCREASING THE NUMBER OF CANINE DETEC-
TION TEAMS FOR TRANSPORTATION SECU-
RITY. 
(a) MINIMUM REQUIREMENT.—The Secretary shall 
coordinate with owners and providers of covered transpor-
tation systems to encourage the deployment of canine de-
tection teams at each high-risk transportation system to 
provide continuous coverage if the Secretary considers it 
necessary. Each canine detection team—
122
(1) shall be trained to detect explosives, and, to 
the greatest extent possible, chemical and biological 
weapons; and 
(2) may be deployed to alternate sites to pro-
vide additional coverage during times of increased 
risk or due to specific threat information, as deter-
mined by the Secretary. 
(b) INCREASE.—The Secretary shall coordinate with 
owners and providers of covered transportation systems to 
encourage an increase in the number of trained canine de-
tection teams deployed at the Nation’s high-risk rail and 
mass transit systems by not less than 10 percent each fis-
cal year for fiscal years 2008 through 2012. Each canine 
detection team shall be trained to detect explosives, and, 
to the greatest extent possible, chemical and biological 
weapons. 
SEC. 202. NATIONAL EXPLOSIVES DETECTION CANINE 
TEAM PROGRAM INCREASE. 
(a) INCREASE IN TEAMS.—The National Explosives 
Detection Canine Team Program of the Transportation 
Security Administration may train up to an additional 100 
canine detection teams per year but shall train at least 
the following numbers of additional teams: 
(1) 50 in fiscal year 2008. 
(2) 55 in fiscal year 2009.
123
(3) 60 in fiscal year 2010. 
(4) 66 in fiscal year 2011. 
(5) 73 in fiscal year 2012. 
(b) DEPLOYED THROUGHOUT COUNTRY.—The ca-
nine detection teams authorized under this section shall 
be deployed across the country to strengthen the security 
of covered transportation systems, including buses, sub-
way systems, ferries, and passenger railroad carriers. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this section, the Administrator of the 
Transportation Security Administration shall submit to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report on the 
personnel and resource needs to fulfill the requirements 
of this section. 
(d) AUTHORIZATION.—There are authorized to be ap-
propriated such sums as may be necessary to carry out 
this section. 
SEC. 203. TRANSPORTATION SECURITY ADMINISTRATION 
BREEDING PROGRAM INCREASE. 
(a) TSA PUPPY PROGRAM.—The Transportation Se-
curity Administration Puppy Program shall work to in-
crease the number of domestically bred canines to help 
meet the increase in demand for canine detection teams