H. R. 1—188 
‘‘(o) APPLICABILITY OF DISTRICT OF COLUMBIA LAW.—Any lease 
or contract entered into between Amtrak and the State of Maryland, 
or any department or agency of the State of Maryland, after the 
date of the enactment of this subsection shall be governed by 
the laws of the District of Columbia.’’. 
SEC. 1528. RAILROAD PREEMPTION CLARIFICATION. 
Section 20106 of title 49, United States Code, is amended 
to read as follows: 
‘‘§ 20106. Preemption 
‘‘(a) NATIONAL UNIFORMITY OF REGULATION.—(1) Laws, regula-
tions, and orders related to railroad safety and laws, regulations, 
and orders related to railroad security shall be nationally uniform 
to the extent practicable. 
‘‘(2) A State may adopt or continue in force a law, regulation, 
or order related to railroad safety or security until the Secretary 
of Transportation (with respect to railroad safety matters), or the 
Secretary of Homeland Security (with respect to railroad security 
matters), prescribes a regulation or issues an order covering the 
subject matter of the State requirement. A State may adopt or 
continue in force an additional or more stringent law, regulation, 
or order related to railroad safety or security when the law, regula-
tion, or order— 
‘‘(A) is necessary to eliminate or reduce an essentially local 
safety or security hazard; 
‘‘(B) is not incompatible with a law, regulation, or order 
of the United States Government; and 
‘‘(C) does not unreasonably burden interstate commerce. 
‘‘(b) CLARIFICATION
REGARDING
STATE
LAW
CAUSES
OF 
ACTION.—(1) Nothing in this section shall be construed to preempt 
an action under State law seeking damages for personal injury, 
death, or property damage alleging that a party— 
‘‘(A) has failed to comply with the Federal standard of 
care established by a regulation or order issued by the Secretary 
of Transportation (with respect to railroad safety matters), 
or the Secretary of Homeland Security (with respect to railroad 
security matters), covering the subject matter as provided in 
subsection (a) of this section; 
‘‘(B) has failed to comply with its own plan, rule, or 
standard that it created pursuant to a regulation or order 
issued by either of the Secretaries; or 
‘‘(C) has failed to comply with a State law, regulation, 
or order that is not incompatible with subsection (a)(2). 
‘‘(2) This subsection shall apply to all pending State law causes 
of action arising from events or activities occurring on or after 
January 18, 2002. 
‘‘(c) JURISDICTION.—Nothing in this section creates a Federal 
cause of action on behalf of an injured party or confers Federal 
question jurisdiction for such State law causes of action.’’.
H. R. 1—189 
Subtitle C—Over-the-Road Bus and 
Trucking Security 
SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall issue regulations 
that— 
(1) require each over-the-road bus operator assigned to 
a high-risk tier under this section— 
(A) to conduct a vulnerability assessment in accordance 
with subsections (c) and (d); and 
(B) to prepare, submit to the Secretary for approval, 
and implement a security plan in accordance with sub-
section (e); and 
(2) establish standards and guidelines for developing and 
implementing the vulnerability assessments and security plans 
for carriers assigned to high-risk tiers consistent with this 
section. 
(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish 
a security program for over-the-road bus operators not assigned 
to a high-risk tier, including— 
(1) guidance for such operators in conducting vulnerability 
assessments and preparing and implementing security plans, 
as determined appropriate by the Secretary; and 
(2) a process to review and approve such assessments and 
plans, as appropriate. 
(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after 
the date of issuance of the regulations under subsection (a), the 
vulnerability assessments and security plans required by such regu-
lations for over-the-road bus operators assigned to a high-risk tier 
shall be completed and submitted to the Secretary for review and 
approval. 
(d) VULNERABILITY ASSESSMENTS.— 
(1) REQUIREMENTS.—The Secretary shall provide technical 
assistance and guidance to over-the-road bus operators in con-
ducting vulnerability assessments under this section and shall 
require that each vulnerability assessment of an operator 
assigned to a high-risk tier under this section includes, as 
appropriate— 
(A) identification and evaluation of critical assets and 
infrastructure, including platforms, stations, terminals, and 
information systems; 
(B) identification of the vulnerabilities to those assets 
and infrastructure; and 
(C) identification of weaknesses in— 
(i) physical security; 
(ii) passenger and cargo security; 
(iii) the security of programmable electronic 
devices, computers, or other automated systems which 
are used in providing over-the-road bus transportation; 
(iv) alarms, cameras, and other protection systems; 
(v) communications systems and utilities needed 
for over-the-road bus security purposes, including dis-
patching systems; 
(vi) emergency response planning; 
(vii) employee training; and
H. R. 1—190 
(viii) such other matters as the Secretary deter-
mines appropriate. 
(2) THREAT INFORMATION.—The Secretary shall provide in 
a timely manner to the appropriate employees of an over- 
the-road bus operator, as designated by the over-the-road bus 
operator, threat information that is relevant to the operator 
when preparing and submitting a vulnerability assessment and 
security plan, including an assessment of the most likely 
methods that could be used by terrorists to exploit weaknesses 
in over-the-road bus security. 
(e) SECURITY PLANS.— 
(1) REQUIREMENTS.—The Secretary shall provide technical 
assistance and guidance to over-the-road bus operators in pre-
paring and implementing security plans under this section 
and shall require that each security plan of an over-the-road 
bus operator assigned to a high-risk tier under this section 
includes, as appropriate— 
(A) the identification of a security coordinator having 
authority— 
(i) to implement security actions under the plan; 
(ii) to coordinate security improvements; and 
(iii) to receive communications from appropriate 
Federal officials regarding over-the-road bus security; 
(B) a list of needed capital and operational improve-
ments; 
(C) procedures to be implemented or used by the over- 
the-road bus operator in response to a terrorist attack, 
including evacuation and passenger communication plans 
that include individuals with disabilities, as appropriate; 
(D) the identification of steps taken with State and 
local law enforcement agencies, emergency responders, and 
Federal officials to coordinate security measures and plans 
for response to a terrorist attack; 
(E) a strategy and timeline for conducting training 
under section 1534; 
(F) enhanced security measures to be taken by the 
over-the-road bus operator when the Secretary declares 
a period of heightened security risk; 
(G) plans for providing redundant and backup systems 
required to ensure the continued operation of critical ele-
ments of the over-the-road bus operator’s system in the 
event of a terrorist attack or other incident; and 
(H) such other actions or procedures as the Secretary 
determines are appropriate to address the security of over- 
the-road bus operators. 
(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary 
shall require that the individual serving as the security coordi-
nator identified in paragraph (1)(A) is a citizen of the United 
States. The Secretary may waive this requirement with respect 
to an individual if the Secretary determines that it is appro-
priate to do so based on a background check of the individual 
and a review of the consolidated terrorist watchlist. 
(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months 
after receiving the assessments and plans required under this sec-
tion, the Secretary shall— 
(1) review each vulnerability assessment and security plan 
submitted to the Secretary in accordance with subsection (c);
H. R. 1—191 
(2) require amendments to any security plan that does 
not meet the requirements of this section; and 
(3) approve any vulnerability assessment or security plan 
that meets the requirements of this section. 
(g) INTERIM SECURITY MEASURES.—The Secretary may require 
over-the-road bus operators, during the period before the deadline 
established under subsection (c), to submit a security plan to imple-
ment any necessary interim security measures essential to providing 
adequate security of the over-the-road bus operator’s system. An 
interim plan required under this subsection shall be superseded 
by a plan required under subsection (c). 
(h) TIER ASSIGNMENT.—The Secretary shall assign each over- 
the-road bus operator to a risk-based tier established by the Sec-
retary: 
(1) PROVISION
OF
INFORMATION.—The Secretary may 
request, and an over-the-road bus operator shall provide, 
information necessary for the Secretary to assign an over-the- 
road bus operator to the appropriate tier under this subsection. 
(2) NOTIFICATION.—Not later than 60 days after the date 
an over-the-road bus operator is assigned to a tier under this 
section, the Secretary shall notify the operator of the tier to 
which it is assigned and the reasons for such assignment. 
(3) HIGH-RISK TIERS.—At least one of the tiers established 
by the Secretary under this section shall be a tier designated 
for high-risk over-the-road bus operators. 
(4) REASSIGNMENT.—The Secretary may reassign an over- 
the-road bus operator to another tier, as appropriate, in 
response to changes in risk and the Secretary shall notify 
the over-the-road bus operator within 60 days after such 
reassignment and provide the operator with the reasons for 
such reassignment. 
(i) EXISTING PROCEDURES, PROTOCOLS, AND STANDARDS.— 
(1) DETERMINATION.—In response to a petition by an over- 
the-road bus operator or at the discretion of the Secretary, 
the Secretary may determine that existing procedures, proto-
cols, and standards meet all or part of the requirements of 
this section regarding vulnerability assessments and security 
plans. 
(2) ELECTION.—Upon review and written determination by 
the Secretary that existing procedures, protocols, or standards 
of an over-the-road bus operator satisfy the requirements of 
this section, the over-the-road bus operator may elect to comply 
with those procedures, protocols, or standards instead of the 
requirements of this section. 
(3) PARTIAL APPROVAL.—If the Secretary determines that 
the existing procedures, protocols, or standards of an over- 
the-road bus operator satisfy only part of the requirements 
of this section, the Secretary may accept such submission, 
but shall require submission by the operator of any additional 
information relevant to the vulnerability assessment and secu-
rity plan of the operator to ensure that the remaining require-
ments of this section are fulfilled. 
(4) NOTIFICATION.—If the Secretary determines that par-
ticular existing procedures, protocols, or standards of an over- 
the-road bus operator under this subsection do not satisfy the 
requirements of this section, the Secretary shall provide to
H. R. 1—192 
the operator a written notification that includes an explanation 
of the reasons for nonacceptance. 
(5) REVIEW.—Nothing in this subsection shall relieve the 
Secretary of the obligation— 
(A) to review the vulnerability assessment and security 
plan submitted by an over-the-road bus operator under 
this section; and 
(B) to approve or disapprove each submission on an 
individual basis. 
(j) PERIODIC EVALUATION BY OVER-THE-ROAD BUS PROVIDER 
REQUIRED.— 
(1) SUBMISSION OF EVALUATION.—Not later than 3 years 
after the date on which a vulnerability assessment or security 
plan required to be submitted to the Secretary under subsection 
(c) is approved, and at least once every 5 years thereafter 
(or on such a schedule as the Secretary may establish by 
regulation), an over-the-road bus operator who submitted a 
vulnerability assessment and security plan and who is still 
assigned to the high-risk tier shall also submit to the Secretary 
an evaluation of the adequacy of the vulnerability assessment 
and security plan that includes a description of any material 
changes made to the vulnerability assessment or security plan. 
(2) REVIEW OF EVALUATION.—Not later than 180 days after 
the date on which an evaluation is submitted, the Secretary 
shall review the evaluation and notify the over-the-road bus 
operator submitting the evaluation of the Secretary’s approval 
or disapproval of the evaluation. 
(k) SHARED FACILITIES.—The Secretary may permit under this 
section the development and implementation of coordinated vulner-
ability assessments and security plans to the extent that an over- 
the-road bus operator shares facilities with, or is colocated with, 
other transportation entities or providers that are required to 
develop vulnerability assessments and security plans under Federal 
law. 
(l) NONDISCLOSURE OF INFORMATION.— 
(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 
in this section shall be construed as authorizing the withholding 
of any information from Congress. 
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA-
TION.—Nothing in this section shall be construed as affecting 
any authority or obligation of a Federal agency to disclose 
any record or information that the Federal agency obtains 
from an over-the-road bus operator under any other Federal 
law. 
SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 
(a) IN GENERAL.—The Secretary shall establish a program for 
making grants to eligible private operators providing transportation 
by an over-the-road bus for security improvements described in 
subsection (b). 
(b) USES OF FUNDS.—A recipient of a grant received under 
subsection (a) shall use the grant funds for one or more of the 
following: 
(1) Constructing and modifying terminals, garages, and 
facilities, including terminals and other over-the-road bus facili-
ties owned by State or local governments, to increase their 
security.
H. R. 1—193 
(2) Modifying over-the-road buses to increase their security. 
(3) Protecting or isolating the driver of an over-the-road 
bus. 
(4) Acquiring, upgrading, installing, or operating equip-
ment, software, or accessorial services for collection, storage, 
or exchange of passenger and driver information through 
ticketing systems or other means and for information links 
with government agencies, for security purposes. 
(5) Installing cameras and video surveillance equipment 
on over-the-road buses and at terminals, garages, and over- 
the-road bus facilities. 
(6) Establishing and improving an emergency communica-
tions system linking drivers and over-the-road buses to the 
recipient’s operations center or linking the operations center 
to law enforcement and emergency personnel. 
(7) Implementing and operating passenger screening pro-
grams for weapons and explosives. 
(8) Public awareness campaigns for enhanced over-the-road 
bus security. 
(9) Operating and capital costs associated with over-the- 
road bus security awareness, preparedness, and response 
training, including training under section 1534 and training 
developed by institutions of higher education and by nonprofit 
employee labor organizations, for over-the-road bus employees, 
including frontline employees. 
(10) Chemical, biological, radiological, or explosive detec-
tion, including canine patrols for such detection. 
(11) Overtime reimbursement, including reimbursement of 
State, local, and tribal governments for costs, for enhanced 
security personnel assigned to duties related to over-the-road 
bus security during periods of high or severe threat levels, 
National Special Security Events, or other periods of heightened 
security as determined by the Secretary. 
(12) Live or simulated exercises, including those described 
in section 1533. 
(13) Operational costs to hire, train, and employ police 
and security officers, including canine units, assigned to full- 
time security or counterterrorism duties related to over-the- 
road bus transportation, including reimbursement of State, 
local, and tribal government costs for such personnel. 
(14) Development of assessments or security plans under 
section 1531. 
(15) Such other improvements as the Secretary considers 
appropriate. 
(c) DUE CONSIDERATION.—In making grants under this section, 
the Secretary shall prioritize grant funding based on security risks 
to bus passengers and the ability of a project to reduce, or enhance 
response to, that risk, and shall not penalize private operators 
of over-the-road buses that have taken measures to enhance over- 
the-road bus transportation security prior to September 11, 2001. 
(d) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— 
In carrying out the responsibilities under subsection (a), the Sec-
retary shall— 
(1) determine the requirements for recipients of grants 
under this section, including application requirements; 
(2) select grant recipients;
H. R. 1—194 
(3) award the funds authorized by this section based on 
risk, as identified by the plans required under section 1531 
or assessment or plan described in subsection (f)(2); and 
(4) pursuant to subsection (c), establish priorities for the 
use of funds for grant recipients. 
(e) DISTRIBUTION OF GRANTS.—Not later than 90 days after 
the date of enactment of this Act, the Secretary and the Secretary 
of Transportation shall determine the most effective and efficient 
way to distribute grant funds to the recipients of grants determined 
by the Secretary under subsection (a). Subject to the determination 
made by the Secretaries, the Secretary may transfer funds to the 
Secretary of Transportation for the purposes of disbursing funds 
to the grant recipient. 
(f) ELIGIBILITY.— 
(1) A private operator providing transportation by an over- 
the-road bus is eligible for a grant under this section if the 
operator has completed a vulnerability assessment and devel-
oped a security plan that the Secretary has approved under 
section 1531. Grant funds may only be used for permissible 
uses under subsection (b) to further an over-the-road bus secu-
rity plan. 
(2) Notwithstanding the requirements for eligibility and 
uses in paragraph (1), prior to the earlier of 1 year after 
the date of issuance of final regulations requiring vulnerability 
assessments and security plans under section 1531 or 3 years 
after the date of enactment of this Act, the Secretary may 
award grants under this section for over-the-road bus security 
improvements listed under subsection (b) based upon over- 
the-road bus vulnerability assessments and security plans that 
the Secretary deems are sufficient for the purposes of this 
section but have not been approved by the Secretary in accord-
ance with section 1531. 
(g) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as 
otherwise specifically provided in this section, a grant made under 
this section shall be subject to the terms and conditions applicable 
to subrecipients who provide over-the-road bus transportation under 
section 5311(f) of title 49, United States Code, and such other 
terms and conditions as are determined necessary by the Secretary. 
(h) LIMITATION ON USES OF FUNDS.—A grant made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law. 
(i) ANNUAL REPORTS.—Each recipient of a grant under this 
section shall report annually to the Secretary and on the use 
of such grant funds. 
(j) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with over-the-road bus operators and nonprofit 
employee labor organizations representing over-the-road bus 
employees, public safety and law enforcement officials. 
(k) AUTHORIZATION.— 
(1) IN GENERAL.—From the amounts appropriated pursuant 
to section 114(w) of title 49, United States Code, as amended 
by section 1503 of this Act, there shall be made available 
to the Secretary to make grants under this section— 
(A) $12,000,000 for fiscal year 2008; 
(B) $25,000,000 for fiscal year 2009; 
(C) $25,000,000 for fiscal year 2010; and 
(D) $25,000,000 for fiscal year 2011.
H. R. 1—195 
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 
out this section shall remain available until expended. 
SEC. 1533. OVER-THE-ROAD BUS EXERCISES. 
(a) IN GENERAL.—The Secretary shall establish a program for 
conducting security exercises for over-the-road bus transportation 
for the purpose of assessing and improving the capabilities of enti-
ties described in subsection (b) to prevent, prepare for, mitigate, 
respond to, and recover from acts of terrorism. 
(b) COVERED ENTITIES.—Entities to be assessed under the pro-
gram shall include— 
(1) Federal, State, and local agencies and tribal govern-
ments; 
(2) over-the-road bus operators and over-the-road bus ter-
minal owners and operators; 
(3) 
governmental 
and 
nongovernmental 
emergency 
response providers and law enforcement agencies; and 
(4) any other organization or entity that the Secretary 
determines appropriate. 
(c) REQUIREMENTS.—The Secretary shall ensure that the pro-
gram— 
(1) consolidates existing security exercises for over-the-road 
bus operators and terminals administered by the Department 
and the Department of Transportation, as jointly determined 
by the Secretary and the Secretary of Transportation, unless 
the Secretary waives this consolidation requirement, as appro-
priate; 
(2) consists of exercises that are— 
(A) scaled and tailored to the needs of the over-the- 
road bus operators and terminals, including addressing 
the needs of the elderly and individuals with disabilities; 
(B) live, in the case of the most at-risk facilities to 
a terrorist attack; 
(C) coordinated with appropriate officials; 
(D) as realistic as practicable and based on current 
risk 
assessments, 
including 
credible 
threats, 
vulnerabilities, and consequences; 
(E) inclusive, as appropriate, of over-the-road bus front-
line employees; and 
(F) consistent with the National Incident Management 
System, the National Response Plan, the National Infra-
structure Protection Plan, the National Preparedness Guid-
ance, the National Preparedness Goal, and other such 
national initiatives; 
(3) provides that exercises described in paragraph (2) will 
be— 
(A) evaluated by the Secretary against clear and con-
sistent performance measures; 
(B) assessed by the Secretary to identify best practices, 
which shall be shared, as appropriate, with operators pro-
viding over-the-road bus transportation, nonprofit employee 
organizations that represent over-the-road bus employees, 
Federal, State, local, and tribal officials, governmental and 
nongovernmental emergency response providers, and law 
enforcement personnel; and 
(C) used to develop recommendations, as appropriate, 
provided to over-the-road bus operators and terminal
H. R. 1—196 
owners and operators on remedial action to be taken in 
response to lessons learned; 
(4) allows for proper advanced notification of communities 
and local governments in which exercises are held, as appro-
priate; and 
(5) assists State, local, and tribal governments and over- 
the-road bus operators and terminal owners and operators in 
designing, implementing, and evaluating additional exercises 
that conform to the requirements of paragraph (2). 
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure 
that the exercise program developed under subsection (c) is con-
sistent with the National Exercise Program established under sec-
tion 648 of the Post Katrina Emergency Management Reform Act 
(Public Law 109–295; 6 U.S.C. 748). 
SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, the Secretary shall develop and issue regula-
tions for an over-the-road bus training program to prepare over- 
the-road bus frontline employees for potential security threats and 
conditions. The regulations shall take into consideration any current 
security training requirements or best practices. 
(b) CONSULTATION.—The Secretary shall develop regulations 
under subsection (a) in consultation with— 
(1) appropriate law enforcement, fire service, emergency 
response, security, and terrorism experts; 
(2) operators providing over-the-road bus transportation; 
and 
(3) nonprofit employee labor organizations representing 
over-the-road bus employees and emergency response per-
sonnel. 
(c) PROGRAM ELEMENTS.—The regulations developed under sub-
section (a) shall require security training programs, to include, 
at a minimum, elements to address the following, as applicable: 
(1) Determination of the seriousness of any occurrence or 
threat. 
(2) Driver and passenger communication and coordination. 
(3) Appropriate responses to defend or protect oneself. 
(4) Use of personal and other protective equipment. 
(5) Evacuation procedures for passengers and over-the-road 
bus employees, including individuals with disabilities and the 
elderly. 
(6) Psychology, behavior, and methods of terrorists, 
including observation and analysis. 
(7) Training related to psychological responses to terrorist 
incidents, including the ability to cope with hijacker behavior 
and passenger responses. 
(8) Live situational training exercises regarding various 
threat conditions, including tunnel evacuation procedures. 
(9) Recognition and reporting of dangerous substances, sus-
picious packages, and situations. 
(10) Understanding security incident procedures, including 
procedures for communicating with emergency response pro-
viders and for on-scene interaction with such emergency 
response providers. 
(11) Operation and maintenance of security equipment and 
systems.