H. R. 1—154 
(3) POSSIBLE RELIEF.—Relief in any action under subsection 
(c) may include punitive damages in an amount not to exceed 
$250,000. 
(e) ELECTION OF REMEDIES.—An employee may not seek protec-
tion under both this section and another provision of law for the 
same allegedly unlawful act of the public transportation agency. 
(f) NO PREEMPTION.—Nothing in this section preempts or dimin-
ishes any other safeguards against discrimination, demotion, dis-
charge, suspension, threats, harassment, reprimand, retaliation, 
or any other manner of discrimination provided by Federal or 
State law. 
(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section 
shall be construed to diminish the rights, privileges, or remedies 
of any employee under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or 
condition of employment. 
(h) DISCLOSURE OF IDENTITY.— 
(1) Except as provided in paragraph (2) of this subsection, 
or with the written consent of the employee, the Secretary 
of Transportation or the Secretary of Homeland Security may 
not disclose the name of an employee who has provided informa-
tion described in subsection (a)(1). 
(2) The Secretary of Transportation or the Secretary of 
Homeland Security shall disclose to the Attorney General the 
name of an employee described in paragraph (1) of this sub-
section if the matter is referred to the Attorney General for 
enforcement. The Secretary making such disclosure shall pro-
vide reasonable advance notice to the affected employee if 
disclosure of that person’s identity or identifying information 
is to occur. 
(i) PROCESS
FOR
REPORTING
SECURITY
PROBLEMS
TO
THE 
DEPARTMENT OF HOMELAND SECURITY.— 
(1) ESTABLISHMENT
OF
PROCESS.—The Secretary shall 
establish through regulations after an opportunity for notice 
and comment, and provide information to the public regarding, 
a process by which any person may submit a report to the 
Secretary regarding public transportation security problems, 
deficiencies, or vulnerabilities. 
(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 
under paragraph (1) identifies the person making the report, 
the Secretary shall respond promptly to such person and 
acknowledge receipt of the report. 
(3) STEPS
TO
ADDRESS
PROBLEM.—The Secretary shall 
review and consider the information provided in any report 
submitted under paragraph (1) and shall take appropriate steps 
to address any problems or deficiencies identified. 
SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVID-
UALS FOR PUBLIC TRANSPORTATION. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) SECURITY
BACKGROUND
CHECK.—The term ‘‘security 
background check’’ means reviewing the following for the pur-
pose of identifying individuals who may pose a threat to 
transportation security, national security, or of terrorism: 
(A) Relevant criminal history databases.
H. R. 1—155 
(B) In the case of an alien (as defined in section 101 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(3))), the relevant databases to determine the status 
of the alien under the immigration laws of the United 
States. 
(C) Other relevant information or databases, as deter-
mined by the Secretary. 
(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ 
means an employee of a public transportation agency or a 
contractor or subcontractor of a public transportation agency. 
(b) GUIDANCE.— 
(1) Any guidance, recommendations, suggested action 
items, or any other widely disseminated voluntary action item 
issued by the Secretary to a public transportation agency or 
a contractor or subcontractor of a public transportation agency 
relating to performing a security background check of a covered 
individual shall contain recommendations on the appropriate 
scope and application of such a security background check, 
including the time period covered, the types of disqualifying 
offenses, and a redress process for adversely impacted covered 
individuals consistent with subsections (c) and (d) of this sec-
tion. 
(2) Not later than 60 days after the date of enactment 
of this Act, any guidance, recommendations, suggested action 
items, or any other widely disseminated voluntary action item 
issued by the Secretary prior to the date of enactment of this 
Act to a public transportation agency or a contractor or subcon-
tractor of a public transportation agency relating to performing 
a security background check of a covered individual shall be 
updated in compliance with paragraph (b)(1). 
(3) If a public transportation agency or a contractor or 
subcontractor of a public transportation agency performs a secu-
rity background check on a covered individual to fulfill guidance 
issued by the Secretary under paragraph (1) or (2), the Sec-
retary shall not consider such guidance fulfilled unless an ade-
quate redress process as described in subsection (d) is provided 
to covered individuals. 
(c) REQUIREMENTS.—If the Secretary issues a rule, regulation 
or directive requiring a public transportation agency or contractor 
or subcontractor of a public transportation agency to perform a 
security background check of a covered individual, then the Sec-
retary shall prohibit a public transportation agency or contractor 
or subcontractor of a public transportation agency from making 
an adverse employment decision, including removal or suspension 
of the employee, due to such rule, regulation, or directive with 
respect to a covered individual unless the public transportation 
agency or contractor or subcontractor of a public transportation 
agency determines that the covered individual— 
(1) has been convicted of, has been found not guilty of 
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 public transportation agency or contractor
H. R. 1—156 
or subcontractor of the public transportation agency 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 public transportation agency or contractor or 
subcontractor of a public transportation agency performs the 
security background check. 
(d) REDRESS PROCESS.—If the Secretary issues a rule, regula-
tion, or directive requiring a public transportation agency or con-
tractor or subcontractor of a public transportation agency 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 workers 
at ports, as required by section 70105(c) of title 49, 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 public transportation agency or 
contractor or subcontractor of a public transportation agency 
wrongfully made an adverse employment decision regarding 
a covered individual pursuant to such rule, regulation, or direc-
tive. 
(e) FALSE STATEMENTS.—A public transportation agency or a 
contractor or subcontractor of a public transportation agency may 
not knowingly misrepresent to an employee or other relevant per-
son, 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. Not later than 1 year after the date of 
enactment of this Act, the Secretary shall issue a regulation that 
prohibits a public transportation agency or a contractor or subcon-
tractor of a public transportation agency from knowingly misrepre-
senting 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. 
(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall 
be construed to abridge a public transportation agency’s or a con-
tractor or subcontractor of a public transportation agency’s rights 
or responsibilities to make adverse employment decisions permitted 
by other Federal, State, or local laws. Nothing in the section shall 
be construed to abridge rights and responsibilities of covered 
individuals, a public transportation agency, or a contractor or sub-
contractor of a public transportation agency under any other Fed-
eral, State, or local laws or 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,
H. R. 1—157 
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. 1415. LIMITATION ON FINES AND CIVIL PENALTIES. 
(a) INSPECTORS.—Surface transportation inspectors shall be 
prohibited from issuing fines to public transportation agencies for 
violations of the Department’s regulations or orders except through 
the process described in subsection (b). 
(b) CIVIL PENALTIES.—The Secretary shall be prohibited from 
assessing civil penalties against public transportation agencies for 
violations of the Department’s regulations or orders, except in 
accordance with the following: 
(1) In the case of a public transportation agency that is 
found to be in violation of a regulation or order issued by 
the Secretary, the Secretary shall seek correction of the viola-
tion through a written notice to the public transportation 
agency and shall give the public transportation agency reason-
able opportunity to correct the violation or propose an alter-
native means of compliance acceptable to the Secretary. 
(2) If the public transportation agency does not correct 
the violation or propose an alternative means of compliance 
acceptable to the Secretary within a reasonable time period 
that is specified in the written notice, the Secretary may take 
any action authorized in section 114 of title 49, United States 
Code, as amended by this Act. 
(c) LIMITATION ON SECRETARY.—The Secretary shall not initiate 
civil enforcement actions for violations of administrative and proce-
dural requirements pertaining to the application for and expendi-
ture of funds awarded under transportation security grant programs 
under this title. 
TITLE XV—SURFACE TRANSPORTATION 
SECURITY 
Subtitle A—General Provisions 
SEC. 1501. DEFINITIONS. 
In this title, the following definitions apply: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
on Commerce, Science, and Transportation and the Committee 
on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(3) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security.
H. R. 1—158 
(4) OVER-THE-ROAD
BUS.—The term ‘‘over-the-road bus’’ 
means a bus characterized by an elevated passenger deck 
located over a baggage compartment. 
(5) OVER-THE-ROAD
BUS
FRONTLINE
EMPLOYEES.—In this 
section, the term ‘‘over-the-road bus frontline employees’’ means 
over-the-road bus drivers, security personnel, dispatchers, 
maintenance and maintenance support personnel, ticket agents, 
other terminal employees, and other employees of an over- 
the-road bus operator or terminal owner or operator that the 
Secretary determines should receive security training under 
this title. 
(6) RAILROAD FRONTLINE EMPLOYEES.—In this section, the 
term ‘‘railroad frontline employees’’ means security personnel, 
dispatchers, locomotive engineers, conductors, trainmen, other 
onboard employees, maintenance and maintenance support per-
sonnel, bridge tenders, and any other employees of railroad 
carriers that the Secretary determines should receive security 
training under this title. 
(7) RAILROAD.—The term ‘‘railroad’’ has the meaning that 
term has in section 20102 of title 49, United States Code. 
(8) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 
the meaning that term has in section 20102 of title 49, United 
States Code. 
(9) STATE.—The term ‘‘State’’ means any one of the 50 
States, the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, Guam, American Samoa, 
and any other territory or possession of the United States. 
(10) TERRORISM.—The term ‘‘terrorism’’ has the meaning 
that term has in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101). 
(11) TRANSPORTATION.—The term ‘‘transportation’’, as used 
with respect to an over-the-road bus, means the movement 
of passengers or property by an over-the-road bus— 
(A) in the jurisdiction of the United States between 
a place in a State and a place outside the State (including 
a place outside the United States); or 
(B) in a State that affects trade, traffic, and transpor-
tation described in subparagraph (A). 
(12) UNITED STATES.—The term ‘‘United States’’ means the 
50 States, the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, Guam, American Samoa, 
and any other territory or possession of the United States. 
(13) SECURITY-SENSITIVE MATERIAL.—The term ‘‘security- 
sensitive material’’ means a material, or a group or class of 
material, in a particular amount and form that the Secretary, 
in consultation with the Secretary of Transportation, deter-
mines, through a rulemaking with opportunity for public com-
ment, poses a significant risk to national security while being 
transported in commerce due to the potential use of the mate-
rial in an act of terrorism. In making such a designation, 
the Secretary shall, at a minimum, consider the following: 
(A) Class 7 radioactive materials. 
(B) Division 1.1, 1.2, or 1.3 explosives. 
(C) Materials poisonous or toxic by inhalation, 
including Division 2.3 gases and Division 6.1 materials.
H. R. 1—159 
(D) A select agent or toxin regulated by the Centers 
for Disease Control and Prevention under part 73 of title 
42, Code of Federal Regulations. 
(14) DISADVANTAGED BUSINESS CONCERNS.—The term ‘‘dis-
advantaged business concerns’’ means small businesses that 
are owned and controlled by socially and economically disadvan-
taged individuals as defined in section 124, of title 13, Code 
of Federal Regulations. 
(15) AMTRAK.—The term ‘‘Amtrak’’ means the National 
Railroad Passenger Corporation. 
SEC. 1502. OVERSIGHT AND GRANT PROCEDURES. 
(a) SECRETARIAL OVERSIGHT.—The Secretary, in coordination 
with Secretary of Transportation for grants awarded to Amtrak, 
shall establish necessary procedures, including monitoring and 
audits, to ensure that grants made under this title are expended 
in accordance with the purposes of this title and the priorities 
and other criteria developed by the Secretary. 
(b) ADDITIONAL AUDITS AND REVIEWS.—The Secretary, and the 
Secretary of Transportation for grants awarded to Amtrak, may 
award contracts to undertake additional audits and reviews of 
the safety, security, procurement, management, and financial 
compliance of a recipient of amounts under this title. 
(c) PROCEDURES FOR GRANT AWARD.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall prescribe 
procedures and schedules for the awarding of grants under this 
title, including application and qualification procedures, and a 
record of decision on applicant eligibility. The procedures shall 
include the execution of a grant agreement between the grant 
recipient and the Secretary and shall be consistent, to the extent 
practicable, with the grant procedures established under section 
70107(i) and (j) of title 46, United States Code. 
(d) ADDITIONAL AUTHORITY.— 
(1) ISSUANCE.—The Secretary may issue non-binding letters 
of intent to recipients of a grant under this title, to commit 
funding from future budget authority of an amount, not more 
than the Federal Government’s share of the project’s cost, for 
a capital improvement project. 
(2) SCHEDULE.—The letter of intent under this subsection 
shall establish a schedule under which the Secretary will 
reimburse the recipient for the Government’s share of the 
project’s costs, as amounts become available, if the recipient, 
after the Secretary issues that letter, carries out the project 
without receiving amounts under a grant issued under this 
title. 
(3) NOTICE
TO
SECRETARY.—A recipient that has been 
issued a letter of intent under this section shall notify the 
Secretary of the recipient’s intent to carry out a project before 
the project begins. 
(4) NOTICE TO CONGRESS.—The Secretary shall transmit 
to the appropriate congressional committees a written notifica-
tion at least 5 days before the issuance of a letter of intent 
under this subsection. 
(5) LIMITATIONS.—A letter of intent issued under this sub-
section is not an obligation of the Federal Government under 
section 1501 of title 31, United States Code, and the letter 
is not deemed to be an administrative commitment for
H. R. 1—160 
financing. An obligation or administrative commitment may 
be made only as amounts are provided in authorization and 
appropriations laws. 
(e) RETURN OF MISSPENT GRANT FUNDS.—As part of the grant 
agreement under subsection (c), the Secretary shall require grant 
applicants to return any misspent grant funds received under this 
title that the Secretary considers to have been spent for a purpose 
other than those specified in the grant award. The Secretary shall 
take all necessary actions to recover such funds. 
(f) CONGRESSIONAL NOTIFICATION.—Not later than 5 days before 
the award of any grant is made under this title, the Secretary 
shall notify the appropriate congressional committees of the intent 
to award such grant. 
(g) GUIDELINES.—The Secretary shall ensure, to the extent 
practicable, that grant recipients under this title who use contrac-
tors or subcontractors use small, minority, women-owned, or dis-
advantaged business concerns as contractors or subcontractors when 
appropriate. 
SEC. 1503. AUTHORIZATION OF APPROPRIATIONS. 
(a) TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZA-
TION.—Section 114 of title 49, United States Code, as amended 
by section 1302 of this Act, is further amended by adding at the 
end the following: 
‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Secretary of Homeland Security 
for— 
‘‘(1) railroad security— 
‘‘(A) $488,000,000 for fiscal year 2008; 
‘‘(B) $483,000,000 for fiscal year 2009; 
‘‘(C) $508,000,000 for fiscal year 2010; and 
‘‘(D) $508,000,000 for fiscal year 2011; 
‘‘(2) over-the-road bus and trucking security— 
‘‘(A) $14,000,000 for fiscal year 2008; 
‘‘(B) $27,000,000 for fiscal year 2009; 
‘‘(C) $27,000,000 for fiscal year 2010; and 
‘‘(D) $27,000,000 for fiscal year 2011; and 
‘‘(3) hazardous material and pipeline security— 
‘‘(A) $12,000,000 for fiscal year 2008; 
‘‘(B) $12,000,000 for fiscal year 2009; and 
‘‘(C) $12,000,000 for fiscal year 2010.’’. 
(b) DEPARTMENT OF TRANSPORTATION.—There are authorized 
to be appropriated to the Secretary of Transportation to carry 
out section 1515— 
(1) $38,000,000 for fiscal year 2008; 
(2) $40,000,000 for fiscal year 2009; 
(3) $55,000,000 for fiscal year 2010; and 
(4) $70,000,000 for fiscal year 2011. 
SEC. 1504. PUBLIC AWARENESS. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary shall develop a national plan for railroad and 
over-the-road bus security public outreach and awareness. Such 
a plan shall be designed to increase awareness of measures that 
the general public, passengers, and employees of railroad carriers 
and over-the-road bus operators can take to increase the security 
of the national railroad and over-the-road bus transportation sys-
tems. Such a plan shall also provide outreach to railroad carriers
H. R. 1—161 
and over-the-road bus operators and their employees to improve 
their awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources to 
improve security. Not later than 9 months after the date of enact-
ment of this Act, the Secretary shall implement the plan developed 
under this section. 
Subtitle B—Railroad Security 
SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT 
AND NATIONAL STRATEGY. 
(a) RISK ASSESSMENT.—The Secretary shall establish a Federal 
task force, including the Transportation Security Administration 
and other agencies within the Department, the Department of 
Transportation, and other appropriate Federal agencies, to com-
plete, within 6 months of the date of enactment of this Act, a 
nationwide risk assessment of a terrorist attack on railroad carriers. 
The assessment shall include— 
(1) a methodology for conducting the risk assessment, 
including timelines, that addresses how the Department will 
work with the entities described in subsection (c) and make 
use of existing Federal expertise within the Department, the 
Department of Transportation, and other appropriate agencies; 
(2) identification and evaluation of critical assets and infra-
structure, including tunnels used by railroad carriers in high- 
threat urban areas; 
(3) identification of risks to those assets and infrastructure; 
(4) identification of risks that are specific to the transpor-
tation of hazardous materials via railroad; 
(5) identification of risks to passenger and cargo security, 
transportation infrastructure protection systems, operations, 
communications systems, and any other area identified by the 
assessment; 
(6) an assessment of employee training and emergency 
response planning; 
(7) an assessment of public and private operational recovery 
plans, taking into account the plans for the maritime sector 
required under section 70103 of title 46, United States Code, 
to expedite, to the maximum extent practicable, the return 
of an adversely affected railroad transportation system or 
facility to its normal performance level after a major terrorist 
attack or other security event on that system or facility; and 
(8) an account of actions taken or planned by both public 
and private entities to address identified railroad security 
issues and an assessment of the effective integration of such 
actions. 
(b) NATIONAL STRATEGY.— 
(1) REQUIREMENT.—Not later than 9 months after the date 
of enactment of this Act and based upon the assessment con-
ducted under subsection (a), the Secretary, consistent with 
and as required by section 114(t) of title 49, United States 
Code, shall develop and implement the modal plan for railroad 
transportation, entitled the ‘‘National Strategy for Railroad 
Transportation Security’’.
H. R. 1—162 
(2) CONTENTS.—The modal plan shall include prioritized 
goals, actions, objectives, policies, mechanisms, and schedules 
for, at a minimum— 
(A) improving the security of railroad tunnels, railroad 
bridges, railroad switching and car storage areas, other 
railroad infrastructure and facilities, information systems, 
and other areas identified by the Secretary as posing 
significant railroad-related risks to public safety and the 
movement of interstate commerce, taking into account the 
impact that any proposed security measure might have 
on the provision of railroad service or on operations served 
or otherwise affected by railroad service; 
(B) deploying equipment and personnel to detect secu-
rity threats, including those posed by explosives and haz-
ardous chemical, biological, and radioactive substances, and 
any appropriate countermeasures; 
(C) consistent with section 1517, training railroad 
employees in terrorism prevention, preparedness, pas-
senger evacuation, and response activities; 
(D) conducting public outreach campaigns for railroads 
regarding 
security, 
including 
educational 
initiatives 
designed to inform the public on how to prevent, prepare 
for, respond to, and recover from a terrorist attack on 
railroad transportation; 
(E) providing additional railroad security support for 
railroads at high or severe threat levels of alert; 
(F) ensuring, in coordination with freight and intercity 
and commuter passenger railroads, the continued move-
ment of freight and passengers in the event of an attack 
affecting the railroad system, including the possibility of 
rerouting traffic due to the loss of critical infrastructure, 
such as a bridge, tunnel, yard, or station; 
(G) coordinating existing and planned railroad security 
initiatives undertaken by the public and private sectors; 
(H) assessing— 
(i) the usefulness of covert testing of railroad secu-
rity systems; 
(ii) the ability to integrate security into infrastruc-
ture design; and 
(iii) the implementation of random searches of pas-
sengers and baggage; and 
(I) identifying the immediate and long-term costs of 
measures that may be required to address those risks 
and public and private sector sources to fund such meas-
ures. 
(3) RESPONSIBILITIES.—The Secretary shall include in the 
modal plan a description of the roles, responsibilities, and 
authorities of Federal, State, and local agencies, government- 
sponsored entities, tribal governments, and appropriate stake-
holders described in subsection (c). The plan shall also include— 
(A) the identification of, and a plan to address, gaps 
and unnecessary overlaps in the roles, responsibilities, and 
authorities described in this paragraph; 
(B) a methodology for how the Department will work 
with the entities described in subsection (c), and make 
use of existing Federal expertise within the Department,