H. R. 1—120 
‘‘(D) a description of resource needs for fulfilling the 
Plan. 
‘‘(5) COORDINATION WITH INFORMATION SHARING .—The Plan 
shall be— 
‘‘(A) implemented in coordination, as appropriate, with 
the program manager for the information sharing environ-
ment established under section 1016 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485); and 
‘‘(B) consistent with the establishment of the informa-
tion sharing environment and any policies, guidelines, 
procedures, instructions, or standards established by the 
President or the program manager for the implementation 
and management of the information sharing environment. 
‘‘(6) REPORTS TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than 150 days after the 
date of enactment of this subsection, and annually there-
after, the Secretary shall submit to the appropriate congres-
sional committees, a report containing the Plan. 
‘‘(B) ANNUAL REPORT.—Not later than 1 year after the 
date of enactment of this subsection, the Secretary shall 
submit to the appropriate congressional committees a 
report on updates to and the implementation of the Plan. 
‘‘(7) SURVEY AND REPORT.— 
‘‘(A) IN
GENERAL.—The Comptroller General of the 
United States shall conduct a biennial survey of the satis-
faction of recipients of transportation intelligence reports 
disseminated under the Plan. 
‘‘(B) INFORMATION
SOUGHT.—The survey conducted 
under subparagraph (A) shall seek information about the 
quality, speed, regularity, and classification of the transpor-
tation security information products disseminated by the 
Department of Homeland Security to public and private 
stakeholders. 
‘‘(C) REPORT.—Not later than 1 year after the date 
of the enactment of the Implementing Recommendations 
of the 9/11 Commission Act of 2007, and every even num-
bered year thereafter, the Comptroller General shall submit 
to the appropriate congressional committees, a report on 
the results of the survey conducted under subparagraph 
(A). The Comptroller General shall also provide a copy 
of the report to the Secretary. 
‘‘(8) SECURITY CLEARANCES.—The Secretary shall, to the 
greatest extent practicable, take steps to expedite the security 
clearances needed for designated public and private stake-
holders to receive and obtain access to classified information 
distributed under this section, as appropriate. 
‘‘(9) CLASSIFICATION OF MATERIAL.—The Secretary, to the 
greatest extent practicable, shall provide designated public and 
private stakeholders with transportation security information 
in an unclassified format.’’. 
(b) CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE FOR 
PUBLIC AND PRIVATE STAKEHOLDERS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary shall provide a semiannual report to the Committee 
on Homeland Security and Governmental Affairs, the Com-
mittee on Commerce, Science, and Transportation, and the
H. R. 1—121 
Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Homeland Security and the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives that includes— 
(A) the number of public and private stakeholders who 
were provided with each report; 
(B) a description of the measures the Secretary has 
taken, under section 114(u)(7) of title 49, United States 
Code, as added by this section, or otherwise, to ensure 
proper treatment and security for any classified information 
to be shared with the public and private stakeholders under 
the Plan; and 
(C) an explanation of the reason for the denial of 
transportation security information to any stakeholder who 
had previously received such information. 
(2) NO
REPORT
REQUIRED
IF
NO
CHANGES
IN
STAKE-
HOLDERS.—The Secretary is not required to provide a semi-
annual report under paragraph (1) if no stakeholders have 
been added to or removed from the group of persons with 
whom transportation security information is shared under the 
plan since the end of the period covered by the last preceding 
semiannual report. 
SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. 
(a) IN GENERAL.—The Secretary is authorized to establish, 
operate, and maintain a National Domestic Preparedness Consor-
tium within the Department. 
(b) MEMBERS.—Members of the National Domestic Prepared-
ness Consortium shall consist of— 
(1) the Center for Domestic Preparedness; 
(2) the National Energetic Materials Research and Testing 
Center, New Mexico Institute of Mining and Technology; 
(3) the National Center for Biomedical Research and 
Training, Louisiana State University; 
(4) the National Emergency Response and Rescue Training 
Center, Texas A&M University; 
(5) the National Exercise, Test, and Training Center, 
Nevada Test Site; 
(6) the Transportation Technology Center, Incorporated, 
in Pueblo, Colorado; and 
(7) the National Disaster Preparedness Training Center, 
University of Hawaii. 
(c) DUTIES.—The National Domestic Preparedness Consortium 
shall identify, develop, test, and deliver training to State, local, 
and tribal emergency response providers, provide on-site and mobile 
training at the performance and management and planning levels, 
and facilitate the delivery of training by the training partners 
of the Department. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary— 
(1) for the Center for Domestic Preparedness— 
(A) $57,000,000 for fiscal year 2008; 
(B) $60,000,000 for fiscal year 2009; 
(C) $63,000,000 for fiscal year 2010; and 
(D) $66,000,000 for fiscal year 2011; and 
(2) for the National Energetic Materials Research and 
Testing Center, the National Center for Biomedical Research
H. R. 1—122 
and Training, the National Emergency Response and Rescue 
Training Center, the National Exercise, Test, and Training 
Center, the Transportation Technology Center, Incorporated, 
and the National Disaster Preparedness Training Center each— 
(A) $22,000,000 for fiscal year 2008; 
(B) $23,000,000 for fiscal year 2009; 
(C) $24,000,000 for fiscal year 2010; and 
(D) $25,500,000 for fiscal year 2011. 
(e) SAVINGS
PROVISION.—From the amounts appropriated 
pursuant to this section, the Secretary shall ensure that future 
amounts provided to each of the following entities are not less 
than the amounts provided to each such entity for participation 
in the Consortium in fiscal year 2007— 
(1) the Center for Domestic Preparedness; 
(2) the National Energetic Materials Research and Testing 
Center, New Mexico Institute of Mining and Technology; 
(3) the National Center for Biomedical Research and 
Training, Louisiana State University; 
(4) the National Emergency Response and Rescue Training 
Center, Texas A&M University; and 
(5) the National Exercise, Test, and Training Center, 
Nevada Test Site. 
SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCEL-
LENCE. 
(a) ESTABLISHMENT.—The Secretary shall establish a National 
Transportation Security Center of Excellence to conduct research 
and education activities, and to develop or provide professional 
security training, including the training of transportation employees 
and transportation professionals. 
(b) DESIGNATION.—The Secretary shall select one of the institu-
tions identified in subsection (c) as the lead institution responsible 
for coordinating the National Transportation Security Center of 
Excellence. 
(c) MEMBER INSTITUTIONS.— 
(1) CONSORTIUM.—The institution of higher education 
selected under subsection (b) shall execute agreements with 
the other institutions of higher education identified in this 
subsection and other institutions designated by the Secretary 
to develop a consortium to assist in accomplishing the goals 
of the Center. 
(2) MEMBERS.—The National Transportation Security 
Center of Excellence shall consist of— 
(A) Texas Southern University in Houston, Texas; 
(B) the National Transit Institute at Rutgers, The State 
University of New Jersey; 
(C) Tougaloo College; 
(D) the Connecticut Transportation Institute at the 
University of Connecticut; 
(E) the Homeland Security Management Institute, 
Long Island University; 
(F) the Mack-Blackwell National Rural Transportation 
Study Center at the University of Arkansas; and 
(G) any additional institutions or facilities designated 
by the Secretary.
H. R. 1—123 
(3) CERTAIN INCLUSIONS.—To the extent practicable, the 
Secretary shall ensure that an appropriate number of any addi-
tional consortium colleges or universities designated by the 
Secretary under this subsection are Historically Black Colleges 
and Universities, Hispanic Serving Institutions, and Indian 
Tribally Controlled Colleges and Universities. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $18,000,000 for fiscal year 2008; 
(2) $18,000,000 for fiscal year 2009; 
(3) $18,000,000 for fiscal year 2010; and 
(4) $18,000,000 for fiscal year 2011. 
SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST 
ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE. 
(a) IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY 
OR SUSPICIOUS BEHAVIOR.— 
(1) IN GENERAL.—Any person who, in good faith and based 
on objectively reasonable suspicion, makes, or causes to be 
made, a voluntary report of covered activity to an authorized 
official shall be immune from civil liability under Federal, State, 
and local law for such report. 
(2) FALSE REPORTS.—Paragraph (1) shall not apply to any 
report that the person knew to be false or was made with 
reckless disregard for the truth at the time that person made 
that report. 
(b) IMMUNITY FOR RESPONSE.— 
(1) IN GENERAL.—Any authorized official who observes, or 
receives a report of, covered activity and takes reasonable action 
in good faith to respond to such activity shall have qualified 
immunity from civil liability for such action, consistent with 
applicable law in the relevant jurisdiction. An authorized official 
as defined by subsection (d)(1)(A) not entitled to assert the 
defense of qualified immunity shall nevertheless be immune 
from civil liability under Federal, State, and local law if such 
authorized official takes reasonable action, in good faith, to 
respond to the reported activity. 
(2) SAVINGS
CLAUSE.—Nothing in this subsection shall 
affect the ability of any authorized official to assert any defense, 
privilege, or immunity that would otherwise be available, and 
this subsection shall not be construed as affecting any such 
defense, privilege, or immunity. 
(c) ATTORNEY FEES AND COSTS.—Any person or authorized offi-
cial found to be immune from civil liability under this section 
shall be entitled to recover from the plaintiff all reasonable costs 
and attorney fees. 
(d) DEFINITIONS.—In this section: 
(1) AUTHORIZED OFFICIAL.—The term ‘‘authorized official’’ 
means— 
(A) any employee or agent of a passenger transpor-
tation system or other person with responsibilities relating 
to the security of such systems; 
(B) any officer, employee, or agent of the Department 
of Homeland Security, the Department of Transportation, 
or the Department of Justice with responsibilities relating 
to the security of passenger transportation systems; or 
(C) any Federal, State, or local law enforcement officer.
H. R. 1—124 
(2) COVERED ACTIVITY.—The term ‘‘covered activity’’ means 
any suspicious transaction, activity, or occurrence that involves, 
or is directed against, a passenger transportation system or 
vehicle or its passengers indicating that an individual may 
be engaging, or preparing to engage, in a violation of law 
relating to— 
(A) a threat to a passenger transportation system or 
passenger safety or security; or 
(B) an act of terrorism (as that term is defined in 
section 3077 of title 18, United States Code). 
(3) PASSENGER
TRANSPORTATION.—The term ‘‘passenger 
transportation’’ means— 
(A) public transportation, as defined in section 5302 
of title 49, United States Code; 
(B) over-the-road bus transportation, as defined in title 
XV of this Act, and school bus transportation; 
(C) intercity passenger rail transportation as defined 
in section 24102 of title 49, United States Code; 
(D) the transportation of passengers onboard a pas-
senger vessel as defined in section 2101 of title 46, United 
States Code; 
(E) other regularly scheduled waterborne transpor-
tation service of passengers by vessel of at least 20 gross 
tons; and 
(F) air transportation, as defined in section 40102 of 
title 49, United States Code, of passengers. 
(4) PASSENGER TRANSPORTATION SYSTEM.—The term ‘‘pas-
senger transportation system’’ means an entity or entities orga-
nized to provide passenger transportation using vehicles, 
including the infrastructure used to provide such transpor-
tation. 
(5) VEHICLE.—The term ‘‘vehicle’’ has the meaning given 
to that term in section 1992(16) of title 18, United States 
Code. 
(e) EFFECTIVE DATE.—This section shall take effect on October 
1, 2006, and shall apply to all activities and claims occurring 
on or after such date. 
TITLE XIII—TRANSPORTATION 
SECURITY ENHANCEMENTS 
SEC. 1301. DEFINITIONS. 
For purposes of this title, the following terms apply: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
on Commerce, Science, and Transportation, the Committee on 
Banking, Housing, and Urban Affairs, 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) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security.
H. R. 1—125 
(4) 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. 
(5) 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). 
(6) 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. 
SEC. 1302. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.—Section 114 of title 49, United States Code, 
as amended by section 1203 of this Act, is further amended by 
adding at the end the following: 
‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SEC-
RETARY OF HOMELAND SECURITY.— 
‘‘(1) APPLICATION OF SUBSECTION.— 
‘‘(A) IN
GENERAL.—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 under a provision of this 
title other than a provision of chapter 449 (in this sub-
section referred to as an ‘applicable provision of this title’). 
‘‘(B) VIOLATIONS OF CHAPTER 449.—The penalties for 
violations of regulations prescribed and orders issued by 
the Secretary of Homeland Security under chapter 449 
of this title are provided under chapter 463 of this title. 
‘‘(C) NONAPPLICATION TO CERTAIN VIOLATIONS.— 
‘‘(i) Paragraphs (2) through (5) do not apply to 
violations of regulations prescribed, and orders issued, 
by the Secretary of Homeland Security under a provi-
sion of this title— 
‘‘(I) involving the transportation of personnel 
or shipments of materials by contractors where 
the Department of Defense has assumed control 
and responsibility; 
‘‘(II) by a member of the armed forces of the 
United States when performing official duties; or 
‘‘(III) by a civilian employee of the Department 
of Defense when performing official duties. 
‘‘(ii) Violations described in subclause (I), (II), or 
(III) of clause (i) shall be subject to penalties as deter-
mined by the Secretary of Defense or the Secretary’s 
designee. 
‘‘(2) CIVIL PENALTY.— 
‘‘(A) IN GENERAL.—A person is liable to the United 
States Government for a civil penalty of not more than 
$10,000 for a violation of a regulation prescribed, or order 
issued, by the Secretary of Homeland Security under an 
applicable provision of this title. 
‘‘(B) REPEAT VIOLATIONS.—A separate violation occurs 
under this paragraph for each day the violation continues. 
‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— 
‘‘(A) IN GENERAL.—The Secretary of Homeland Security 
may impose a civil penalty for a violation of a regulation
H. R. 1—126 
prescribed, or order issued, under an applicable provision 
of this title. The Secretary shall give written notice of 
the finding of a violation and the penalty. 
‘‘(B) SCOPE OF CIVIL ACTION.—In a civil action to collect 
a civil penalty imposed by the Secretary under this sub-
section, a court may not re-examine issues of liability or 
the amount of the penalty. 
‘‘(C) JURISDICTION.—The district courts of the United 
States shall have exclusive jurisdiction of civil actions to 
collect a civil penalty imposed by the Secretary under this 
subsection if— 
‘‘(i) the amount in controversy is more than— 
‘‘(I) $400,000, if the violation was committed 
by a person other than an individual or small 
business 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 injunc-
tion based on the same violation. 
‘‘(D) MAXIMUM PENALTY.—The maximum civil penalty 
the Secretary administratively may impose under this para-
graph is— 
‘‘(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. 
‘‘(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.— 
Before imposing a penalty under this section the Secretary 
shall provide to the person against whom the penalty is 
to be imposed— 
‘‘(i) written notice of the proposed penalty; and 
‘‘(ii) the opportunity to request a hearing on the 
proposed penalty, if the Secretary receives the request 
not later than 30 days after the date on which the 
person receives notice. 
‘‘(4) COMPROMISE AND SETOFF.— 
‘‘(A) The Secretary may compromise the amount of 
a civil penalty imposed under this subsection. 
‘‘(B) The Government may deduct 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.—Chapter 461 shall 
apply to investigations and proceedings brought under this 
subsection to the same extent that it applies to investigations 
and proceedings brought with respect to aviation security duties 
designated to be carried out by the Secretary. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) PERSON.—The term ‘person’ does not include— 
‘‘(i) the United States Postal Service; or 
‘‘(ii) the Department of Defense. 
‘‘(B) SMALL BUSINESS CONCERN.—The term ‘small busi-
ness concern’ has the meaning given that term in section 
3 of the Small Business Act (15 U.S.C. 632). 
‘‘(7) ENFORCEMENT TRANSPARENCY.—
H. R. 1—127 
‘‘(A) IN GENERAL.—Not later than December 31, 2008, 
and annually thereafter, the Secretary shall— 
‘‘(i) provide an annual summary to the public of 
all enforcement actions taken by the Secretary under 
this subsection; and 
‘‘(ii) include in each such summary the docket 
number of each enforcement action, the type of alleged 
violation, the penalty or penalties proposed, and the 
final assessment amount of each penalty. 
‘‘(B) ELECTRONIC AVAILABILITY.—Each summary under 
this paragraph shall be made available to the public by 
electronic means. 
‘‘(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION 
ACT
AND
THE
PRIVACY
ACT.—Nothing in this subsection 
shall be construed to require disclosure of information or 
records that are exempt from disclosure under sections 
552 or 552a of title 5. 
‘‘(D) ENFORCEMENT
GUIDANCE.—Not later than 180 
days after the enactment of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007, the 
Secretary shall provide a report to the public describing 
the enforcement process established under this sub-
section.’’. 
(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 Transpor-
tation for Security’’. 
SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION 
AND RESPONSE TEAMS. 
(a) IN GENERAL.—The Secretary, acting through the Adminis-
trator of the Transportation Security Administration, may develop 
Visible Intermodal Prevention and Response (referred to in this 
section as ‘‘VIPR’’) teams to augment the security of any mode 
of transportation at any location within the United States. In 
forming a VIPR team, the Secretary— 
(1) may use any asset of the Department, including Federal 
air marshals, surface transportation security inspectors, canine 
detection teams, and advanced screening technology; 
(2) may determine when a VIPR team shall be deployed, 
as well as the duration of the deployment; 
(3) shall, prior to and during the deployment, consult with 
local security and law enforcement officials in the jurisdiction 
where the VIPR team is or will be deployed, to develop and 
agree upon the appropriate operational protocols and provide 
relevant information about the mission of the VIPR team, as 
appropriate; and 
(4) shall, prior to and during the deployment, consult with 
all transportation entities directly affected by the deployment 
of a VIPR team, as appropriate, including railroad carriers, 
air carriers, airport owners, over-the-road bus operators and 
terminal owners and operators, motor carriers, public transpor-
tation agencies, owners or operators of highways, port operators 
and facility owners, vessel owners and operators and pipeline 
operators.
H. R. 1—128 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to carry out this section such 
sums as necessary for fiscal years 2007 through 2011. 
SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS. 
(a) IN GENERAL.—The Secretary, acting through the Adminis-
trator of the Transportation Security Administration, is authorized 
to train, employ, and utilize surface transportation security inspec-
tors. 
(b) MISSION.—The Secretary shall use surface transportation 
security inspectors to assist surface transportation carriers, opera-
tors, owners, entities, and facilities to enhance their security against 
terrorist attack and other security threats and to assist the Sec-
retary in enforcing applicable surface transportation security regula-
tions and directives. 
(c) AUTHORITIES.—Surface transportation security inspectors 
employed pursuant to this section shall be authorized such powers 
and delegated such responsibilities as the Secretary determines 
appropriate, subject to subsection (e). 
(d) REQUIREMENTS.—The Secretary shall require that surface 
transportation security inspectors have relevant transportation 
experience and other security and inspection qualifications, as deter-
mined appropriate. 
(e) LIMITATIONS.— 
(1) INSPECTORS.—Surface transportation inspectors shall 
be prohibited from issuing fines to public transportation agen-
cies, as defined in title XIV, for violations of the Department’s 
regulations or orders except through the process described in 
paragraph (2). 
(2) CIVIL PENALTIES.—The Secretary shall be prohibited 
from assessing civil penalties against public transportation 
agencies, as defined in title XIV, for violations of the Depart-
ment’s regulations or orders, except in accordance with the 
following: 
(A) 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 violation through a written notice to the public 
transportation agency and shall give the public transpor-
tation agency reasonable opportunity to correct the viola-
tion or propose an alternative means of compliance accept-
able to the Secretary. 
(B) 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. 
(3) LIMITATION ON SECRETARY.—The Secretary shall not 
initiate civil enforcement actions for violations of administrative 
and procedural requirements pertaining to the application for, 
and expenditure of, funds awarded under transportation secu-
rity grant programs under this Act. 
(f) NUMBER OF INSPECTORS.—The Secretary shall employ up 
to a total of— 
(1) 100 surface transportation security inspectors in fiscal 
year 2007;