561 
described in paragraph (2) and eligible recipients under section 40732 
of this title; and 
(5) shall make reasonable efforts to enter into memoranda of under-
standing, contracts, grants, cooperative agreements, or other trans-
actions with private operators providing over-the-road bus transpor-
tation willing to contribute assets, physical space, and other resources. 
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 
(1) CONSULTATION.—In carrying out research and development 
projects under this section, the Secretary shall consult with the Chief 
Privacy Officer of the Department and the Officer for Civil Rights and 
Civil Liberties of the Department as appropriate and under section 
10543 of this title. 
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 
10543 and 11505 of this title, the Chief Privacy Officer shall conduct 
privacy impact assessments and the Officer for Civil Rights and Civil 
Liberties shall conduct reviews, as appropriate, for research and devel-
opment initiatives developed under this section that the Secretary de-
termines could have an impact on privacy, civil rights, or civil liberties. 
Subchapter IV—Hazardous Material and 
Pipeline Security 
§ 40741. Railroad routing of security-sensitive materials 
(a) DEFINITIONS.—In this section: 
(1) HIGH-CONSEQUENCE TARGET.—The term ‘‘high-consequence tar-
get’’ means a property, natural resource, location, area, or other target 
designated by the Secretary that is a viable terrorist target of national 
significance, which may include a facility or specific critical infrastruc-
ture, the attack of which by railroad could result in— 
(A) catastrophic loss of life; 
(B) significant damage to national security or defense capabili-
ties; or 
(C) national economic harm. 
(2) ROUTE.—The term ‘‘route’’ includes storage facilities and track-
age used by railroad cars in transportation in commerce. 
(b) SECURITY-SENSITIVE MATERIALS COMMODITY DATA.—The Secretary 
of Transportation shall, by regulation, require each railroad carrier trans-
porting security-sensitive materials in commerce to, no later than 90 days 
after the end of each calendar year, compile security-sensitive materials 
commodity data. The data must be collected by route, line segment, or se-
ries of line segments, as aggregated by the railroad carrier. Within the rail-
road-carrier-selected route, the commodity data must identify the geographic 
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location of the route and the total number of shipments by the United Na-
tions identification number for the security-sensitive materials. 
(c) RAILROAD TRANSPORTATION ROUTE ANALYSIS FOR SECURITY-SEN-
SITIVE MATERIALS.—The Secretary of Transportation shall ensure that the 
regulation issued under this section requires each railroad carrier trans-
porting security-sensitive materials in commerce to, for each calendar year, 
provide a written analysis of the safety and security risks for the transpor-
tation routes identified in the security-sensitive materials commodity data 
collected as required by subsection (b). The safety and security risks present 
shall be analyzed for the route, railroad facilities, railroad storage facilities, 
and high-consequence targets along or in proximity to the route. 
(d) ALTERNATIVE ROUTE ANALYSIS FOR SECURITY-SENSITIVE MATE-
RIALS.—The Secretary of Transportation shall ensure that the regulation 
issued under this section requires each railroad carrier transporting secu-
rity-sensitive materials in commerce to— 
(1) for each calendar year— 
(A) identify practicable alternative routes over which the rail-
road carrier has authority to operate as compared to the current 
route for a shipment analyzed under subsection (c); and 
(B) perform a safety and security risk assessment of the alter-
native route for comparison to the route analysis specified in sub-
section (c); 
(2) ensure that the analysis under paragraph (1) includes— 
(A) identification of safety and security risks for an alternative 
route; 
(B) comparison of those risks identified under subparagraph 
(A) to the primary railroad transportation route, including the risk 
of a catastrophic release from a shipment traveling along the alter-
nate route compared to the primary route; 
(C) remediation or mitigation measures implemented on the pri-
mary or alternative route; and 
(D) potential economic effects of using an alternative route; and 
(3) consider when determining the practicable alternative routes 
under paragraph (1)(A) the use of interchange agreements with other 
railroad carriers. 
(e) ALTERNATIVE ROUTE SELECTION FOR SECURITY-SENSITIVE MATE-
RIALS.—The Secretary of Transportation shall ensure that the regulation 
issued under this section requires each railroad carrier transporting secu-
rity-sensitive materials in commerce to use the analysis required by sub-
sections (c) and (d) to select the safest and most secure route to be used 
in transporting security-sensitive materials. 
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(f) REVIEW.—The Secretary of Transportation shall ensure that the regu-
lation issued under this section requires each railroad carrier transporting 
security-sensitive materials in commerce to annually review and select the 
practicable route posing the least overall safety and security risk under this 
section. The railroad carrier must retain in writing all route review and se-
lection decision documentation and restrict the distribution, disclosure, and 
availability of information contained in the route analysis to appropriate 
persons. This documentation should include, but is not limited to, compara-
tive analyses, charts, graphics, or railroad system maps. 
(g) RETROSPECTIVE ANALYSIS.—The Secretary of Transportation shall 
ensure that the regulation issued under this section requires each railroad 
carrier transporting security-sensitive materials in commerce to, not less 
than once every 3 years, analyze the route selection determinations required 
under this section. The analysis shall include a comprehensive, system-wide 
review of all operational changes, infrastructure modifications, traffic ad-
justments, changes in the nature of high-consequence targets located along 
or in proximity to the route, or other changes affecting the safety and secu-
rity of the movements of security-sensitive materials that were implemented 
since the previous analysis was completed. 
(h) CONSULTATION.—In carrying out subsection (c), railroad carriers 
transporting security-sensitive materials in commerce shall seek relevant in-
formation from State, local, and tribal officials, as appropriate, regarding 
security risks to high-consequence targets along or in proximity to a route 
used by a railroad carrier to transport security-sensitive materials. 
§ 40742. Railroad security-sensitive material tracking 
(a) IN GENERAL.— In conjunction with the research and development 
program established under section 40717 of this title and consistent with 
the results of research relating to wireless and other tracking technologies, 
the Secretary, in consultation with the Administrator of the Transportation 
Security Administration, shall develop a program that will encourage the 
equipping of railroad cars transporting security-sensitive materials, as de-
fined in section 40701 of this title, with technology that provides— 
(1) car position location and tracking capabilities; and 
(2) notification of railroad car depressurization, breach, unsafe tem-
perature, or release of hazardous materials, as appropriate. 
(b) COORDINATION.—In developing the program required by subsection 
(a), the Secretary shall— 
(1) consult with the Secretary of Transportation to coordinate the 
program with ongoing or planned efforts for railroad car tracking at 
the Department of Transportation; and 
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(2) ensure that the program is consistent with recommendations and 
findings of the Department of Homeland Security’s hazardous material 
railroad tank car tracking pilot programs. 
§ 40743. Motor carrier security-sensitive material tracking 
(a) COMMUNICATIONS.— 
(1) IN GENERAL.—Consistent with the findings of the Transpor-
tation Security Administration’s hazardous materials truck security 
pilot program, the Secretary, through the Administrator of the Trans-
portation Security Administration and in consultation with the Sec-
retary of Transportation, shall develop a program to facilitate the 
tracking of motor carrier shipments of security-sensitive materials and 
to equip vehicles used in the shipments with technology that provides— 
(A) frequent or continuous communications; 
(B) vehicle position location and tracking capabilities; and 
(C) a feature that allows a driver of the vehicles to broadcast 
an emergency distress signal. 
(2) CONSIDERATIONS.—In developing the program required by para-
graph (1), the Secretary shall— 
(A) consult with the Secretary of Transportation to coordinate 
the program with ongoing or planned efforts for motor carrier or 
security-sensitive materials tracking at the Department of Trans-
portation; 
(B) take into consideration the recommendations and findings 
of the report on the hazardous material safety and security oper-
ational field test released by the Federal Motor Carrier Safety Ad-
ministration on November 11, 2004; and 
(C) evaluate— 
(i) new information related to the costs and benefits of de-
ploying, equipping, and utilizing tracking technology, includ-
ing portable tracking technology, for motor carriers trans-
porting security-sensitive materials not included in the haz-
ardous material safety and security operational field test re-
port released by the Federal Motor Carrier Safety Adminis-
tration on November 11, 2004; 
(ii) the ability of tracking technology to resist tampering 
and disabling; 
(iii) the capability of tracking technology to collect, display, 
and store information regarding the movement of shipments 
of security-sensitive materials by commercial motor vehicles; 
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(iv) the appropriate range of contact intervals between the 
tracking technology and a commercial motor vehicle trans-
porting security-sensitive materials; 
(v) technology that allows the installation by a motor car-
rier of concealed electronic devices on commercial motor vehi-
cles that can be activated by law enforcement authorities to 
disable the vehicle or alert emergency response resources to 
locate and recover security-sensitive materials in the event of 
loss or theft of the materials; 
(vi) whether installation of the technology described in 
clause (v) should be incorporated into the program under 
paragraph (1); 
(vii) the costs, benefits, and practicality of the technology 
described in clause (v) in the context of the overall benefit to 
national security, including commerce in transportation; and 
(viii) other systems and information that the Secretary de-
termines appropriate. 
(b) LIMITATION.—The Secretary may not mandate the installation or uti-
lization of a technology described under this section without additional con-
gressional authority provided after August 3, 2007. 
§ 40744. Use of transportation security card in hazmat li-
censing 
(a) BACKGROUND CHECK.—An individual who has a valid transportation 
employee identification card issued by the Secretary under section 70105 of 
title 46, is deemed to have met the background records check required 
under section 5103a of title 49. 
(b) STATE REVIEW.—Nothing in this subsection prevents or preempts a 
State from conducting a criminal records check of an individual who has 
applied for a license to operate a motor vehicle transporting in commerce 
a hazardous material. 
§ 40745. Pipeline security inspections and enforcement 
(a) IN GENERAL.—Consistent with the Annex to the Memorandum of 
Understanding executed on August 9, 2006, between the Department of 
Transportation and the Department, the Secretary, in consultation with the 
Secretary of Transportation, shall establish a program for reviewing pipeline 
operator adoption of recommendations of the September 5, 2002, Depart-
ment of Transportation Research and Special Programs Administration’s 
Pipeline Security Information Circular, including the review of pipeline secu-
rity plans and critical facility inspections. 
(b) REVIEW
AND INSPECTION.—The Secretary and the Secretary of 
Transportation shall develop and implement a plan for reviewing the pipe-
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line security plans and for inspecting the critical facilities of the 100 most 
critical pipeline operators covered by the September 5, 2002, circular, where 
the facilities have not been inspected for security purposes since September 
5, 2002, by either the Department or the Department of Transportation. 
(c) COMPLIANCE REVIEW METHODOLOGY.—In reviewing pipeline oper-
ator compliance under subsections (a) and (b), risk assessment methodolo-
gies shall be used to prioritize risks and to target inspection and enforce-
ment actions to the highest risk pipeline assets. 
(d) REGULATIONS.—The Secretary and the Secretary of Transportation 
shall develop and transmit to pipeline operators security recommendations 
for natural gas and hazardous liquid pipelines and pipeline facilities. If the 
Secretary determines that regulations are appropriate, the Secretary shall 
consult with the Secretary of Transportation on the extent of risk and ap-
propriate mitigation measures, and the Secretary or the Secretary of Trans-
portation, consistent with the Annex to the Memorandum of Understanding 
executed on August 9, 2006, shall promulgate regulations and carry out 
necessary inspection and enforcement actions. Regulations shall incorporate 
the guidance provided to pipeline operators by the September 5, 2002, De-
partment of Transportation Research and Special Programs Administra-
tion’s Pipeline Security Information Circular and contain additional require-
ments as necessary based upon the results of the inspections performed 
under subsection (b). The regulations shall include the imposition of civil 
penalties for noncompliance. 
§ 40746. Pipeline security and incident recovery plan 
(a) IN GENERAL.—The Secretary, in consultation with the Secretary of 
Transportation and the Administrator of the Pipeline and Hazardous Mate-
rials Safety Administration, and in accordance with the Annex to the Memo-
randum of Understanding executed on August 9, 2006, the National Strat-
egy for Transportation Security, and Homeland Security Presidential Direc-
tive–7, shall develop a pipeline security and incident recovery protocols plan. 
The plan shall include— 
(1) a security plan for the Government to provide increased security 
support to the most critical interstate and intrastate natural gas and 
hazardous liquid transmission pipeline infrastructure and operations as 
determined under section 40745 of this title when— 
(A) the pipeline infrastructure or operations are under severe 
security threat levels of alert; or 
(B) specific security threat information relating to the pipeline 
infrastructure or operations exists; and 
(2) an incident recovery protocol plan, developed in conjunction with 
interstate and intrastate transmission and distribution pipeline opera-
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tors and terminals and facilities operators connected to pipelines, to de-
velop protocols to ensure the continued transportation of natural gas 
and hazardous liquids to essential markets and for essential public 
health or national defense uses in the event of an incident affecting the 
interstate and intrastate natural gas and hazardous liquid transmission 
and distribution pipeline system, including protocols for restoring es-
sential services supporting pipelines and granting access to pipeline op-
erators for pipeline infrastructure repair, replacement, or bypass fol-
lowing an incident. 
(b) EXISTING PRIVATE- AND PUBLIC-SECTOR EFFORTS.—The plan shall 
take into account actions taken or planned by both private and public enti-
ties to address identified pipeline security issues and assess the effective in-
tegration of the actions. 
(c) CONSULTATION.—In developing the plan under subsection (a), the 
Secretary shall consult with the Secretary of Transportation, interstate and 
intrastate transmission and distribution pipeline operators, nonprofit em-
ployee organizations representing pipeline employees, emergency responders, 
offerors, State pipeline safety agencies, public safety officials, and other rel-
evant parties. 
Chapter 409—Air Transportation Security 
Sec. 
Subchapter I—General 
40901.
Definitions. 
Subchapter II—Requirements 
40911.
Screening passengers and property. 
40912.
Refusal to transport passengers and property. 
40913.
Air transportation security. 
40914.
Domestic air transportation system security. 
40915.
Information about threats to civil aviation. 
40916.
Foreign air carrier security programs. 
40917.
Security standards at foreign airports. 
40918.
Travel advisory and suspension of foreign assistance. 
40919.
Passenger manifests. 
40920.
Agreements on aircraft sabotage, aircraft hijacking, and airport security. 
40921.
Intelligence. 
40922.
Research and development. 
40923.
Explosive detection. 
40924.
Airport construction guidelines. 
40925.
Alaska exemptions. 
40926.
Assessments and evaluations. 
40927.
Federal air marshals and training of law enforcement personnel. 
40928.
Crew training. 
40929.
Security screening program. 
40930.
Federal flight deck officer program. 
40931.
Deputation of State and local law enforcement officers. 
40932.
Airport security improvement projects. 
40933.
Repair station security. 
40934.
Deployment and use of detection equipment at airport screening checkpoints. 
40935.
Appeal and redress process for passengers wrongly delayed or prohibited from board-
ing a flight. 
40936.
Expedited screening for severely injured or disabled members of the armed forces and 
severely injured or disabled veterans. 
40937.
Honor Flight program. 
Subchapter III—Administration and Personnel 
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40951.
Federal Security Managers. 
40952.
Foreign Security Liaison Officers. 
40953.
Employment standards and training. 
40954.
Employment investigations and restrictions. 
40955.
Prohibition on transferring duties and powers. 
40956.
Reports. 
40957.
Training to operate certain aircraft. 
40958.
Security service fee. 
40959.
Immunity for reporting suspicious activities. 
40960.
Performance goals and objectives. 
40961.
Aviation Security Advisory Committee. 
Subchapter I—General 
§ 40901. Definitions 
(a) TITLE 49 DEFINITIONS.—Unless otherwise specifically provided, the 
definitions in section 40102 of title 49 apply to this chapter. 
(b) ADMINISTRATOR.—In this chapter, the term ‘‘Administrator’’ means 
the Administrator of the Transportation Security Administration. 
Subchapter II—Requirements 
§ 40911. Screening passengers and property 
(a) IN GENERAL.—The Administrator shall provide for the screening of 
all passengers and property, including United States mail, cargo, carry-on 
and checked baggage, and other articles, that will be carried aboard a pas-
senger aircraft operated by an air carrier or foreign air carrier in air trans-
portation or intrastate air transportation. In the case of flights and flight 
segments originating in the United States, the screening shall take place be-
fore boarding and shall be carried out by a Federal Government employee 
(as defined in section 2105 of title 5), except as otherwise provided in sec-
tion 40929 of this title and except for identifying passengers and baggage 
for screening under the CAPPS and known shipper programs and con-
ducting positive bag-match programs. 
(b) SUPERVISION OF SCREENING.—All screening of passengers and prop-
erty at airports in the United States where screening is required under this 
section shall be supervised by uniformed Federal personnel of the Transpor-
tation Security Administration, who shall have the power to order the dis-
missal of an individual performing screening. 
(c) CHECKED BAGGAGE DEADLINE.—A system must be in operation to 
screen all checked baggage at all airports in the United States as soon as 
practicable. 
(d) EXPLOSIVES DETECTION SYSTEMS.— 
(1) IN GENERAL.—The Administrator shall take all necessary action 
to ensure that— 
(A) explosives detection systems are deployed as soon as pos-
sible to ensure that all United States airports described in section 
40913(c) of this title have sufficient explosives detection systems 
to screen all checked baggage and that as soon as the systems are 
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in place at an airport, all checked baggage at the airport is 
screened by those systems; 
(B) all systems deployed under subparagraph (A) are fully uti-
lized; and 
(C) if explosives detection equipment at an airport is unavail-
able, all checked baggage is screened by an alternative means. 
(2) PRECLEARANCE AIRPORTS.— 
(A) DEFINITION
OF
AVIATION
SECURITY
PRECLEARANCE 
AGREEMENT.—In this paragraph, the term ‘‘aviation security 
preclearance agreement’’ means an agreement that delineates and 
implements security standards and protocols that are determined 
by the Administrator, in coordination with U.S. Customs and Bor-
der Protection, to be comparable to those of the United States and 
therefore sufficiently effective to enable passengers to deplane into 
sterile areas of airports in the United States. 
(B) IN GENERAL.—For a flight or flight segment originating at 
an airport outside the United States and traveling to the United 
States with respect to which checked baggage has been screened 
in accordance with an aviation security preclearance agreement be-
tween the United States and the country in which the airport is 
located, the Administrator may, in coordination with U.S. Customs 
and Border Protection, determine whether the baggage must be 
re-screened in the United States by an explosives detection system 
before the baggage continues on any additional flight or flight seg-
ment. 
(C) RESCREENING REQUIREMENT.—If the Administrator deter-
mines that the government of a foreign country has not main-
tained security standards and protocols comparable to those of the 
United States at airports at which preclearance operations have 
been established in accordance with this paragraph, the Adminis-
trator shall ensure that Transportation Security Administration 
personnel rescreen passengers arriving from those airports and 
their property in the United States before the passengers are per-
mitted into sterile area of airports in the United States. 
(D) REPORT.—The Administrator shall submit to the Com-
mittee on Homeland Security of the House of Representatives, the 
Committee on Commerce, Science, and Transportation of the Sen-
ate, and the Committee on Homeland Security and Governmental 
Affairs of the Senate an annual report on the re-screening of bag-
gage under this paragraph. Each report shall include the following 
for the year covered by the report: 
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