(2) COVERED INDIVIDUALS.—The term ‘‘covered 
individual’’ means an employee of— 
(A) an employer, within the meaning of sec-
tion 701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b)), who is a provider of covered 
transportation; or 
(B) a contractor or subcontractor of such an 
employer. 
(b) REDRESS PROCESS.—If a provider of covered 
transportation conducts background checks in order to sat-
isfy any rules, regulations, directives, or other guidance 
issued by the Secretary to protect covered transportation 
from the threat of terrorism, the provider of covered trans-
portation shall provide an adequate redress process. 
(c) STANDARDS FOR REDRESS PROCESS.— 
(1) IN
GENERAL.—The Secretary shall ensure 
that each provider of covered transportation imple-
ments a redress process in accordance with subsection 
(b) for covered individuals adversely impacted by a 
background check described in subsection (b). 
(2) STANDARDS.—The redress process shall be 
modeled after the appeals and waiver process estab-
lished for hazmat drivers and transportation workers 
at ports, as required by section 1515 of title 49, Code 
of Federal Regulations. 
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(3) COMPONENTS.—The redress process shall in-
clude the following: 
(A) A waiver process that will allow a cov-
ered individual to demonstrate, through rehabili-
tation, or facts surrounding the conviction or 
other mitigating factors, that the individual is 
not a security risk. 
(B) An appeal process during which a cov-
ered individual will have an opportunity to 
demonstrate that the individual does not have a 
disqualifying conviction either by— 
(i) 
correcting 
outdated 
underlying 
court records; 
(ii) proving mistaken identity; or 
(iii) establishing that the conviction 
cannot serve as the basis for an adverse em-
ployment decision in accordance with the 
limitations contained in subsection (d). 
(C) A proceeding providing an independent 
review. 
(D) A process to ensure compliance with the 
requirements of this section. 
(4) PROCEEDINGS PROVIDING AN INDEPENDENT 
REVIEW.—A covered individual who requests a pro-
ceeding under paragraph (3)(C) shall have the right 
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to have waiver and appeal decisions heard by an 
independent decisionmaker with the ability to order 
reinstatement expeditiously or provide other remedy. 
(5) PREVIOUS BACKGROUND CHECKS.—A covered 
individual subjected to and adversely affected by a 
background check conducted by a provider of covered 
transportation (or a contractor or subcontractor of 
such a provider), in the period beginning on June 23, 
2006, and ending on the date of enactment of this 
Act, to satisfy any rules, regulations, directives, or 
other guidance issued by the Secretary to protect cov-
ered transportation from the threat of terrorism shall 
have an immediate right to a proceeding with an 
independent decisionmaker to determine if the adverse 
action was in compliance with this section and shall 
have a right to immediate reinstatement or other rem-
edy if the background check fails to comply with this 
section. 
(d) LIMITATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), any 
rule, regulation, directive, or other guidance issued by 
the Secretary regarding background checks of covered 
individuals shall prohibit an employer from making 
an adverse employment decision, including removal 
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or suspension, with respect to a covered individual 
based on— 
(A) a felony conviction that occurred 7 or 
more years ago; 
(B) a conviction of any offense for which 
the individual was released from incarceration 5 
or more years ago; or 
(C) any felony not listed in section 
1572.103 of title 49, Code of Federal Regula-
tions. 
(2) EXCEPTIONS.—The limitations contained in 
paragraph (1) shall not apply to a covered individual 
who has been convicted of any of the following: 
(A) Treason (or conspiracy to commit trea-
son). 
(B) Espionage (or conspiracy to commit es-
pionage). 
(C) Sedition (or conspiracy to commit sedi-
tion). 
(D) Any crime listed in chapter 113B of 
title 18, United States Code (or conspiracy to 
commit such a crime). 
(e) NO PREEMPTION OF FEDERAL OR STATE LAW.— 
Nothing in this section shall be construed as preempting 
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a Federal, State, or local law that requires criminal history 
background checks of covered employees. 
(f) STATUTORY CONSTRUCTION.—Nothing in this sec-
tion shall be construed to affect the process for review estab-
lished under section 70105(c) of title 46, United States 
Code, including regulations issued pursuant to such section. 
SEC. 121. TASK FORCE ON DISQUALIFYING CRIMES. 
(a) ESTABLISHMENT.—The Secretary shall establish a 
task force to review the lists of crimes that disqualify indi-
viduals from certain transportation-related employment 
under current regulations of the Transportation Security 
Administration and assess whether such lists of crimes are 
accurate indicators of a terrorism security risk. 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives of appropriate industries, including rep-
resentatives of nonprofit employee labor organizations, and 
Federal agencies. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the task force shall transmit to 
the Secretary and Congress a report containing the results 
of the review, including recommendations for a common list 
of disqualifying crimes and the rationale for the inclusion 
of each crime on the list. 
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SEC. 122. PENALTIES. 
(a) REGULATIONS
AND
ORDERS
OF
THE
SEC-
RETARY.—Section 114 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(u) GENERAL CIVIL PENALTIES AND ENFORCEMENT 
OF REGULATIONS AND ORDERS OF THE SECRETARY OF 
HOMELAND SECURITY.— 
‘‘(1) APPLICATION.—This subsection applies to 
the enforcement of regulations prescribed, and orders 
issued, by the Secretary of Homeland Security under 
a provision of chapter 701 of title 46 and this title 
(other than chapter 449) (in this subsection referred 
to as an ‘applicable provision of this title’). Penalties 
for violation of regulations prescribed, and orders 
issued, by the Secretary of Homeland Security under 
a provision of chapter 449 are provided under chap-
ter 463. 
‘‘(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. 
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‘‘(B) SEPARATE
VIOLATIONS.—A separate 
violation occurs under this paragraph for each 
day the violation continues. 
‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PEN-
ALTIES.— 
‘‘(A) IN GENERAL.—The Secretary of Home-
land 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 violation 
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 DISTRICT 
COURTS.—Notwithstanding subparagraph (A) of 
this paragraph, the district courts of the United 
States have exclusive jurisdiction of a civil ac-
tion involving a penalty that the Secretary initi-
ates if— 
‘‘(i) the amount in controversy is more 
than— 
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‘‘(I) $400,000 if the violation was 
committed by a person other than an 
individual or small business concern; 
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 com-
mitted 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 
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under this section the Secretary shall provide to 
the person against whom the penalty is to be im-
posed— 
‘‘(i) written notice of the proposed pen-
alty; 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 penalty. 
‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—The 
provisions set forth in chapter 461 shall be applicable 
to investigations and proceedings brought under this 
subsection to the same extent that they are applicable 
to investigations and proceedings brought with respect 
to aviation security duties designated to be carried 
out by the Secretary. 
‘‘(6) NONAPPLICATION.— 
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‘‘(A) PERSONS SUBJECT TO PENALTIES DE-
TERMINED BY THE SECRETARY OF DEFENSE.— 
Paragraphs (1) through (4) of this subsection do 
not apply to the following persons, who shall be 
subject to penalties as determined by the Sec-
retary of Defense or the Secretary’s designee: 
‘‘(i) The transportation of personnel or 
shipments of materials by contractors where 
the Department of Defense has assumed con-
trol and responsibility. 
‘‘(ii) A member of the Armed Forces of 
the United States when performing official 
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 ‘person’ 
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 
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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 administered 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 Committee on 
Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of 
Representatives, a report, including a classified report, as 
appropriate, containing a comprehensive threat assessment 
of the threat of a terrorist attack on the Nation’s school bus 
transportation system in accordance with the requirements 
of this section. 
(b) CONTENTS OF THREAT ASSESSMENT.—The assess-
ment 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 systems; 
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(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 Na-
tion’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 assess-
ment, the Secretary shall consult with administrators and 
officials of school systems, representatives of the school bus 
industry, including both public and privately operated sys-
tems, public safety and law enforcement officials, and non-
profit employee labor organizations representing 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 consultation 
with the Secretary of Transportation, shall issue regula-
tions to require enhanced security measures for shipments 
of security sensitive materials. 
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(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 Regu-
lations, in a motor vehicle, railcar, or freight 
container. 
(B) More than 25 kilograms (55 pounds) of 
a division 1.1, 1.2, or 1.3 of section 173.5 of title 
49, Code of Federal Regulations (explosive) ma-
terial in a motor vehicle, rail car, or freight con-
tainer; 
(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) 
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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 gal-
lons) 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 Regu-
lations. 
(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-
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manding special consideration with respect to the se-
curity of the transportation of security sensitive mate-
rials, which shall include high threat urban areas as 
determined by the Secretary. 
(3) STORAGE PATTERN.—The term ‘‘storage pat-
tern’’ is defined as the conditions of storage, includ-
ing— 
(A) location of cars in railyards or on rail-
road-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 consequences, of 
a terrorist attack on a shipment of security sensitive 
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material that is transported through or near an area 
of concern. 
(c) COMPILATION OF ROUTE AND STORAGE PATTERN 
INFORMATION FOR RAIL CARRIERS TRANSPORTING SECU-
RITY SENSITIVE MATERIALS.—Not later than 90 days after 
the end of each calendar year, a rail carrier shall compile 
commodity data by route and storage pattern, a line seg-
ment or series of line segments as aggregated by the rail 
carrier. Within the rail carrier selected route, the com-
modity data shall identify the geographic location of the 
route and storage pattern and the total number of ship-
ments 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 rail carrier shall provide 
a written analysis of the security risks for the transpor-
tation routes and storage patterns, identified in the com-
modity data collected as required by subsection (c). The se-
curity risks present shall be analyzed for the route, railroad 
facilities, railroad storage facilities, private storage facili-
ties, and areas of concern along or in proximity to the 
route. 
(e) ALTERNATIVE ROUTE
AND STORAGE PATTERN 
ANALYSIS FOR SECURITY SENSITIVE MATERIALS.— 
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(1) By the end of each calendar year, a rail car-
rier shall— 
(A) identify to the Department practical al-
ternative 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 com-
parison to the route and storage pattern analysis 
specified in subsection (d). 
(2) The analysis shall include the following: 
(A) Identification of security risks for alter-
native route or storage pattern. 
(B) Comparison of those risks identified in 
subparagraph (A) to the primary rail transpor-
tation route or storage pattern. 
(3) Rail carriers transporting security sensitive 
materials must consider the availability of inter-
change agreements or systems of tracks and facilities 
owned by other operators when determining whether 
an alternate route for transporting the security sen-
sitive materials to avoid areas of concern is practical. 
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(4) An alternate route or storage facility that 
will avoid an area of concern may be considered by 
the rail 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 rail carrier transporting the shipment or storage 
facility storing the shipment in the event of a success-
ful terrorist attack on the shipment. 
(f) ALTERNATIVE ROUTE AND STORAGE PATTERN SE-
LECTION FOR SECURITY SENSITIVE MATERIALS.—A carrier 
shall use the analysis required by subsections (d) and (e) 
to select the most secure route and storage pattern to be 
used in moving the materials specified in subsection (b). 
(g) REVIEW.—Not less than once every 5 years, the 
analyses route and storage pattern selection determinations 
required under subsections (c), (d), (e), and (f) shall include 
a comprehensive, system-wide review of all operational 
changes, infrastructure modifications, traffic adjustments, 
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 materials specified in sub-
section (b) of this section that were implemented during the 
5-year period. 
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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 Direc-
tor of the Domestic Nuclear Detection Office (for radio-
logical and nuclear detection technologies and training), in 
consultation with the Director of the National Institute of 
Standards and Technology and other appropriate Federal 
agencies, as appropriate, shall establish a standards pro-
gram to support the development, promulgation, and up-
dating as necessary of national voluntary consensus stand-
ards 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 require-
ments under section 103(d)(1) and the security performance 
requirements under section 103(f). 
(b) EQUIPMENT STANDARDS.— 
(1) REQUIREMENTS.—The standards for the per-
formance, use, and validation of equipment developed 
under subsection (a) shall be designed to assist Fed-
eral, State, local, and tribal government and non-
government emergency response providers, other com-
ponents of the Department, providers of covered trans-
portation, shippers of hazardous material, manufac-
turers of railroad and transit cars, transportation 
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and public safety officials, and other relevant stake-
holders in acquiring and implementing technologies 
to prevent, prepare for, mitigate against, and respond 
to acts of terrorism on covered transportation. 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 target 
covered transportation and responsibilities of the 
Department that may not have been con-
templated when such existing standards were de-
veloped; 
(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. 
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(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-resistant 
trash receptacles, and personnel and vehicle iden-
tification 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 bio-
metric authentication systems, network and per-
sonal firewalls and other authentication tech-
nologies. 
(E) Personal protective equipment, includ-
ing garments, boots, gloves, and hoods and other 
protective clothing. 
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(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. 
(L) Other terrorism incident prevention 
equipment. 
(M) Such other equipment for which the 
Secretary determines that national voluntary 
consensus standards would be appropriate to im-
prove 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 Institute 
of Standards and Technology, may support the cer-
tification of equipment and the accreditation of lab-
oratories to conduct testing and evaluation. 
(c) TRAINING STANDARDS.— 
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(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 pro-
viders, other Department personnel, providers of cov-
ered transportation, shippers of hazardous material, 
manufacturers of railroad and transit cars, transpor-
tation and public safety officials, and other relevant 
stakeholders to use equipment effectively and appro-
priately in carrying out their responsibilities to se-
cure covered transportation. Such standards shall 
prioritize— 
(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. 
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(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 pop-
ulations. 
(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 Sec-
retary determines that national voluntary con-
sensus training standards would be appropriate. 
(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, 
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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 Associa-
tion; 
(3) the National Fire Protection Association; 
(4) the National Association of County and City 
Health Officials; 
(5) the Association of American Railroads; 
(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; 
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(15) the Emergency Management Accreditation 
Program; and 
(16) to the extent the Secretary considers appro-
priate, other national voluntary consensus standards 
development organizations, other interested Federal, 
State, and local agencies, and other interested per-
sons. 
(e) TECHNOLOGY CLEARINGHOUSE TO ENHANCE THE 
SECURITY OF COVERED TRANSPORTATION.— 
(1) IN GENERAL.—The Secretary shall utilize the 
Technology Clearinghouse established under section 
313 of the Homeland Security Act of 2002 (6 U.S.C. 
193) to facilitate the identification, acquisition, and 
deployment of technology, equipment, and training 
for use by 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 
safety officials, and other relevant stakeholders to pre-
vent, prepare for, mitigate against, respond to, or re-
cover from acts of terrorism on covered transpor-
tation. 
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(2) ELEMENTS OF THE TECHNOLOGY CLEARING-
HOUSE.—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 
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 pro-
viders, other components of the Department, pro-
viders of covered transportation, shippers of haz-
ardous material, manufacturers of railroad and 
transit cars, transportation and public safety of-
ficials, and other relevant stakeholders the avail-
ability of such technologies, as well as— 
(i) the technology’s specifications and 
concept of operations; 
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100 
(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 pur-
suant to the Support Anti-terrorism by Fos-
tering Effective Technologies Act of 2002 (6 
U.S.C. 441 et seq.). 
(3) COORDINATION.—The Secretary shall ensure 
that the technology clearinghouse activities conducted 
through the Under Secretary for Science and Tech-
nology are coordinated with appropriate components 
of the Department including the Domestic Nuclear 
Detection Office, the Transportation Security Admin-
istration, the Office of Infrastructure Protection, 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 
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101 
national and international organizations as appro-
priate, in order to maximize the availability of such 
technologies and information through the Technology 
Clearinghouse. 
SEC. 126. RAIL TANK CAR SECURITY TESTING. 
(a) RAIL TANK CAR VULNERABILITY ASSESSMENT.— 
(1) ASSESSMENT.—The Secretary shall assess the 
likely methods of a deliberate attack against a rail 
tank car used to transport toxic-inhalation-hazard 
materials, 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 shall consider the most current threat 
information as to likely methods of a successful attack 
on a rail tank car transporting toxic-inhalation-haz-
ard materials, and may consider the following: 
(A) An improvised explosive device placed 
along the tracks. 
(B) An improvised explosive device attached 
to the rail car. 
(C) The use of shoulder-fired missiles. 
(D) The use of rocket propelled grenades. 
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102 
(E) The use of mortars or high-caliber 
weapons. 
(3) PHYSICAL TESTING.—In developing the as-
sessment required under paragraph (1), the Secretary 
shall conduct physical testing of the vulnerability of 
rail tank cars used to transport toxic-inhalation-haz-
ard materials to different methods of a deliberate at-
tack, 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 congres-
sional committees a report, in the appropriate for-
mat, 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 modeling anal-
ysis 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: 
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103 
(A) A deliberate attack on a rail tank car 
transporting toxic-inhalation-hazard materials, 
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 medical 
countermeasures to treat exposures to toxic-inha-
lation-hazard materials. 
(F) Any other considerations the Secretary 
believes would develop an accurate, plausible dis-
persion model for toxic-inhalation-hazard mate-
rials released from a rail tank car as a result of 
a terrorist act. 
(3) CONSULTATION.—In conducting the disper-
sion modeling under paragraph (1), the Secretary 
shall consult with the appropriate State, local, and 
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