(F) security and redundancy for critical 
communications, electrical power, computer, 
and train control systems; and 
(G) technologies for securing bridges and 
tunnels; 
(4) to test wayside detectors that can detect 
tampering; 
(5) to support enhanced security for the trans-
portation of security sensitive materials by railroad; 
(6) to mitigate damages in the event of a 
cyberattack; 
(7) to assess the vulnerabilities and risks asso-
ciated with new rail and public transportation con-
struction projects prior to their completion; and 
(8) to address other vulnerabilities and risks 
identified by the Secretary. 
(c) COORDINATION WITH OTHER RESEARCH INITIA-
TIVES.—The Secretary shall—
(1) ensure that the research and development 
program is consistent with the National Strategy for 
Rail and Public Transportation Security developed 
under section 101; and 
(2) to the greatest extent practicable, coordi-
nate the research and development activities of the 
Department with other ongoing research and devel-
opment security related initiatives, including re-
search being conducted by—
(A) the National Academy of Sciences; 
(B) the Department of Transportation, in-
cluding University Transportation Centers and 
other institutes, centers, and simulators funded 
by the Department of Transportation; 
(C) the Technical Support Working Group; 
(D) other Federal departments and agen-
cies; and 
(E) other Federal and private research lab-
oratories, research entities, and universities and 
institutions of higher education, including His-
torically Black Colleges or Universities, and 
Hispanic Serving Institutions or Tribal Univer-
sities, with the capability to conduct both prac-
tical and theoretical research and technical sys-
tems analysis on subjects that include bridge, 
tunnel, blast, and infrastructure protection; 
(3) carry out any research and development 
project authorized by this section through a reim-
bursable agreement with the appropriate agency or 
entity official, if the agency or entity—
(A) is currently sponsoring a research and 
development project in a similar area; or
(B) has a unique facility or capability that 
would be useful in carrying out the project; 
(4) award grants, cooperative agreements, con-
tracts, other transactions, or reimbursable agree-
ments to the entities described in subsection (c)(2) 
and shall adopt necessary procedures, including au-
dits, to ensure that awards made under this section 
are expended in accordance with the purposes of this 
title and the priorities and other criteria developed 
by the Secretary; and 
(5) make reasonable efforts to enter into memo-
randa of understanding, contracts, grants, coopera-
tive agreements, or other transactions with owners 
and operators of freight and intercity passenger rail 
and over-the-road bus facilities willing to contribute 
both physical space and other resources. 
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIB-
ERTIES ISSUES.—
(1) CONSULTATION.—In carrying out research 
and development projects under this section, the 
Secretary shall consult with the Chief Privacy Offi-
cer of the Department and the Officer for Civil 
Rights and Civil Liberties of the Department as ap-
propriate and in accordance with section 222 of the 
Homeland Security Act of 2002 (6 U.S.C. 142).
(2) PRIVACY
IMPACT
ASSESSMENTS.—In ac-
cordance with sections 222 and 705 of the Home-
land Security Act of 2002 (6 U.S.C. 142; 345), 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 development initiatives developed 
under this section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section—
(1) $50,000,000 for fiscal year 2008; 
(2) $50,000,000 for fiscal year 2009; 
(3) $50,000,000 for fiscal year 2010; and 
(4) $50,000,000 for fiscal year 2011. 
Such sums shall remain available until expended. 
SEC. 112. WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—No covered individual may be dis-
charged, demoted, suspended, threatened, harassed, rep-
rimanded, investigated, or in any other manner discrimi-
nated against, including by a denial, suspension, or rev-
ocation of a security clearance or by any other security 
access determination, if such discrimination is due, in 
whole or in part, to any lawful act done, perceived to have
been done, or intended to be done by the covered indi-
vidual—
(1) to provide information, cause information to 
be provided, or otherwise assist in an investigation 
regarding any conduct which the covered individual 
reasonably believes constitutes a violation of any 
law, rule, or regulation relating to rail, public trans-
portation, or over-the-road-bus security, which the 
covered individual reasonably believes constitutes a 
threat to rail, public transportation, or over-the-
road-bus security, or which the covered individual 
reasonably believes constitutes fraud, waste, or mis-
management of Government funds intended to be 
used for rail, public transportation, or over-the-road-
bus security, if the information or assistance is pro-
vided to or the investigation is conducted by—
(A) by a Federal, State, or local regulatory 
or law enforcement agency (including an office 
of the Inspector General under the Inspector 
General Act of 1978 (5 U.S.C. App.; Public 
Law 95–452); 
(B) any Member of Congress, any com-
mittee of Congress, or the Government Ac-
countability Office; or
(C) a person with supervisory authority 
over the covered individual (or such other per-
son who has the authority to investigate, dis-
cover, or terminate); 
(2) to file, cause to be filed, testify, participate 
in, or otherwise assist in a proceeding or action filed 
or about to be filed relating to an alleged violation 
of any law, rule, or regulation relating to rail, public 
transportation, or over-the-road bus security; or 
(3) to refuse to violate or assist in the violation 
of any law, rule, or regulation relating to rail public 
transportation, or over-the-road bus security. 
(b) ENFORCEMENT ACTION.—
(1) IN GENERAL.—A covered individual who al-
leges discharge or other discrimination by any per-
son in violation of subsection (a) may—
(A) in the case of a covered individual who 
is employed by the Department or the Depart-
ment of Transportation, seek relief in accord-
ance with—
(i) the provisions of title 5, United 
States Code, to the same extent and in the 
same manner as if such individual were 
seeking relief from a prohibited personnel
practice described in section 2302(b)(8) of 
such title; and 
(ii) the amendments made by section 
112A; 
except that, if the disclosure involved consists in 
whole or in part of classified or sensitive infor-
mation, clauses (i) and (ii) shall not apply, and 
such individual may seek relief in the same 
manner as provided by section 112B; 
(B) in the case of a covered individual who 
is a contractor or subcontractor of the Depart-
ment or the Department of Transportation, 
seek relief in accordance with section 112B; 
and 
(C) in the case of any other covered indi-
vidual, seek relief in accordance with the provi-
sions of this section, with any petition or other 
request for relief under this section to be initi-
ated by filing a complaint with the Secretary of 
Labor. 
(2) PROCEDURE.—
(A) IN GENERAL.—An action under para-
graph (1)(C) shall be governed under the rules 
and procedures set forth in section 42121(b) of 
title 49, United States Code.
(B) EXCEPTION.—Notification made under 
section 42121(b)(1) of title 49, United States 
Code, shall be made to the person named in the 
complaint and to the person’s employer. 
(C) BURDENS
OF
PROOF.—An action 
brought under paragraph (1)(C) shall be gov-
erned by the legal burdens of proof set forth in 
section 42121(b) of title 49, United States 
Code. 
(D) STATUTE OF LIMITATIONS.—An action 
under paragraph (1)(C) shall be commenced not 
later than 1 year after the date on which the 
violation occurs. 
(3) DE NOVO REVIEW.—With respect to a com-
plaint under paragraph (1)(C), if the Secretary of 
Labor has not issued a final decision within 180 
days after the filing of the complaint (or, in the 
event that a final order or decision is issued by the 
Secretary of Labor, whether within the 180-day pe-
riod or thereafter, then, not later than 90 days after 
such an order or decision is issued), the covered in-
dividual may bring an original action at law or eq-
uity for de novo review in the appropriate district 
court of the United States, which shall have jurisdic-
tion over such an action without regard to the
amount in controversy, and which action shall, at 
the request of either party to such action, be tried 
by the court with a jury. 
(c) REMEDIES.—
(1) IN
GENERAL.—A covered individual pre-
vailing in any action under subsection (b)(1)(C) 
shall be entitled to all relief necessary to make the 
covered individual whole. 
(2) DAMAGES.—Relief in an action under sub-
section (b)(1)(C) (including an action described in 
subsection (b)(3)) shall include—
(A) reinstatement with the same seniority 
status that the covered individual would have 
had, but for the discrimination; 
(B) the amount of any back pay, with in-
terest; and 
(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney fees. 
(3) POSSIBLE
RELIEF.—Relief in an action 
under subsection (b)(1)(C) may include punitive 
damages in an amount not to exceed the greater of 
3 times the amount of any compensatory damages 
awarded under this section or $5,000,000.
(d) USE OF STATE SECRETS PRIVILEGE.—
(1) If, in any action for relief sought by a cov-
ered individual in accordance with the provisions of 
subsection (b)(1)(A), (B), or (C), the Government 
agency moves to withhold information from dis-
covery based on a claim that disclosure would be in-
imical to national security by asserting the privilege 
commonly referred to as the ‘‘state secrets privi-
lege’’, and if the assertion of such privilege prevents 
the covered individual from establishing an element 
in support of the covered individual’s claim, the 
court shall resolve the disputed issue of fact or law 
in favor of the covered individual, provided that, in 
an action brought by a covered individual in accord-
ance with the provisions of subsection (b)(1)(A) or 
(B), an Inspector General investigation under sec-
tion 112B has resulted in substantial confirmation 
of that element, or those elements, of the covered in-
dividual’s claim. 
(2) In any case in which the Government agen-
cy asserts the privilege commonly referred to as the 
‘‘state secrets privilege’’, whether or not an Inspec-
tor General has conducted an investigation with re-
spect to the alleged discrimination, the head of the 
Government agency involved shall, at the same time
it asserts the privilege, issue a report to authorized 
Members of Congress, accompanied by a classified 
annex if necessary, describing the reasons for the as-
sertion, explaining why the court hearing the matter 
does not have the ability to maintain the protection 
of classified information related to the assertion, de-
tailing the steps the agency has taken to arrive at 
a mutually agreeable settlement with the covered in-
dividual, setting forth the date on which the classi-
fied information at issue will be declassified, and 
providing all relevant information about the under-
lying substantive matter. 
(e) CRIMINAL PENALTIES.—
(1) IN GENERAL.—It shall be unlawful for any 
person employing a covered individual described in 
subsection (b)(1)(C) to commit an act prohibited by 
subsection (a). Any person who willfully violates this 
section by terminating or retaliating against any 
such covered individual who makes a claim under 
this section shall be fined under title 18, United 
States Code, imprisoned not more than 1 year, or 
both. 
(2) REPORTING REQUIREMENT.—
(A) IN GENERAL.—The Attorney General 
shall submit to the appropriate congressional
committees an annual report on the enforce-
ment of paragraph (1). 
(B) CONTENTS.—Each such report shall—
(i) identify each case in which formal 
charges under paragraph (1) were brought; 
(ii) describe the status or disposition 
of each such case; and 
(iii) in any actions under subsection 
(b)(1)(C) in which the covered individual 
was the prevailing party or the substan-
tially prevailing party, indicate whether or 
not any formal charges under paragraph 
(1) have been brought and, if not, the rea-
sons therefor. 
(f) NO PREEMPTION.—Nothing in this section, sec-
tion 112A, or section 112B preempts or diminishes any 
other safeguards against discrimination, demotion, dis-
charge, suspension, threats, harassment, reprimand, retal-
iation, or any other manner of discrimination provided by 
Federal or State law. 
(g) RIGHTS RETAINED BY COVERED INDIVIDUAL.—
Nothing in this section, section 112A, or section 112B 
shall be deemed to diminish the rights, privileges, or rem-
edies of any covered individual under any Federal or State 
law or under any collective bargaining agreement. The
rights and remedies in this section, section 112A and sec-
tion 112B may not be waived by any agreement, policy, 
form, or condition of employment. 
(h) DEFINITIONS.—In this section, section 112A and 
section 112B, the following definitions apply: 
(1) COVERED INDIVIDUAL.—The term ‘‘covered 
individual’’ means an employee of—
(A) the Department; 
(B) the Department of Transportation; 
(C) a contractor or subcontractor; and 
(D) an employer within the meaning of 
section 701(b) of the Civil Rights Act of 1964 
(42 U.S.C. 2000e(b)) and who is a provider of 
covered transportation. 
(2) LAWFUL.—The term ‘‘lawful’’ means not 
specifically prohibited by law, except that, in the 
case of any information the disclosure of which is 
specifically prohibited by law or specifically required 
by Executive order to be kept classified in the inter-
est of national defense or the conduct of foreign af-
fairs, any disclosure of such information to any 
Member of Congress, committee of Congress, or 
other recipient authorized to receive such informa-
tion, shall be deemed lawful.
(3) 
CONTRACTOR.—The 
term 
‘‘contractor’’ 
means a person who has entered into a contract with 
the Department, the Department of Transportation, 
or a provider of covered transportation. 
(4) 
EMPLOYEE.—The 
term 
‘‘employee’’ 
means—
(A) with respect to an employer referred to 
in paragraph (1)(A) or (1)(B), an employee as 
defined by section 2105 of title 5, United States 
Code; and 
(B) with respect to an employer referred to 
in paragraph (1)(C) or (1)(D), any officer, 
partner, employee, or agent. 
(5) 
SUBCONTRACTOR.—The 
term 
‘‘subcon-
tractor’’—
(A) means any person, other than the con-
tractor, who offers to furnish or furnishes any 
supplies, materials, equipment, or services of 
any kind under a contract with the Depart-
ment, the Department of Transportation, or a 
provider of covered transportation; and 
(B) includes any person who offers to fur-
nish or furnishes general supplies to the con-
tractor or a higher tier subcontractor.
(6) PERSON.—The term ‘‘person’’ means a cor-
poration, partnership, State entity, business associa-
tion of any kind, trust, joint-stock company, or indi-
vidual. 
SEC. 113. INCREASE IN SURFACE TRANSPORTATION SECU-
RITY INSPECTORS. 
(a) IN GENERAL.—The Secretary shall increase the 
total number of positions for full-time surface transpor-
tation security inspectors of the Department so that by 
December 31, 2010, the total number of such positions 
is at least 600. 
(b) QUALIFICATIONS.—Surface transportation secu-
rity inspectors hired by the Secretary shall have at least 
1 year or equivalent experience in conducting inspections 
and investigations and engaging in testing security sys-
tems and any other qualifications that the Secretary deter-
mines appropriate. 
(c) ROLES AND RESPONSIBILITIES.—The Secretary, 
in consultation with appropriate State, local, and tribal of-
ficials, shall develop a standard operating procedure clear-
ly defining the relationship between—
(1) surface transportation security inspectors of 
the Department and safety inspectors of the Depart-
ment of Transportation; and
(2) State, local, and tribal law enforcement offi-
cers and other law enforcement personnel, including 
railroad and public transportation police. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out subsection (a) such sums as may be necessary. Such 
sums shall remain available until expended. 
SEC. 114. NATIONAL DOMESTIC PREPAREDNESS CONSOR-
TIUM. 
(a) IN GENERAL.—There is in the Department of 
Homeland Security a National Domestic Preparedness 
Consortium. 
(b) MEMBERS.—The National Domestic Prepared-
ness Consortium that identifies, develops, tests, and deliv-
ers training to State, local, and tribal emergency response 
providers, provides onsite and mobile training at the per-
formance and management and planning levels, and facili-
tates the delivery of awareness level training by the train-
ing partners of the Department 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 Re-
search and Training, Louisiana State University;
(4) the National Emergency Response and Res-
cue Training Center, Texas A&M University; 
(5) the National Exercise, Test, and Training 
Center, Nevada Test Site; and 
(6) the Transportation Technology Center in 
Pueblo, Colorado. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary—
(1) to at least maintain the funding level of fis-
cal year 2007 for each member of the National Do-
mestic Preparedness Consortium listed in subsection 
(b) in existence prior to the inclusion of the Trans-
portation Technology Center in the Consortium; and 
(2) in fiscal years 2008 through 2011, increase 
the funding level for each member of the National 
Domestic Preparedness Consortium to not less than 
3 percent of the amount made available for the pre-
ceding fiscal year. 
SEC. 115. AUTHORIZATION OF VISIBLE INTERMODAL PRO-
TECTION RESPONSE TEAMS. 
The Secretary, acting through the Administrator of 
the Transportation Security Administration, is authorized 
to develop Visible Intermodal Protection Response (re-
ferred to in this section as ‘‘VIPR’’) teams designed to
augment security for 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, in-
cluding Federal air marshals, surface transportation 
security inspectors, canine detection teams, and ad-
vanced screening technology; 
(2) has the discretion to determine, consistent 
with ongoing security threats, when a VIPR should 
be deployed, as well as the duration of the deploy-
ment in coordination with local security and law en-
forcement officials; and 
(3) prior to deployments, shall consult with 
local security and law enforcement officials in the ju-
risdiction where the VIPR Team is planned to de-
ploy, to develop and agree upon the appropriate op-
erating protocols and in order to educate those offi-
cials regarding the mission of the VIPR teams. 
SEC. 116. NATIONAL TRANSPORTATION SECURITY CENTER 
OF EXCELLENCE. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a National Transportation Security Center of Excellence 
at an institution of higher education to conduct research 
and education activities, and to develop or provide profes-
sional security training, including the training of rail and
public transportation employees and rail and public trans-
portation-related professionals, with emphasis on utiliza-
tion of intelligent transportation systems, technologies, 
and architectures. 
(b) CRITERIA.—The Secretary shall select an institu-
tion of higher education to operate the National Transpor-
tation Security Center of Excellence according to the fol-
lowing selection criteria: 
(1) The demonstrated commitment of the insti-
tution to transportation security issues. 
(2) The use of and experience with partnerships 
with other institutions of higher education, Federal 
laboratories, or other nonprofit laboratories. 
(3) Capability to conduct both practical and 
theoretical research and technical systems analysis. 
(4) Utilization of intelligent transportation sys-
tem technologies and architectures. 
(5) Ability to develop professional security 
training programs. 
(6) Capability and willingness to conduct edu-
cation of transportation security professionals. 
(7) Such other criteria as the Secretary may 
designate. 
(c) CONSORTIUM.—
(1) CONSORTIUM.—The institution of higher 
education selected under subsection (b) shall execute 
agreements with other institutions of higher edu-
cation to develop a consortium to assist in accom-
plishing the goals of the Center. 
(2) EXPERIENCE.—The consortium shall in-
clude universities and institutions of higher edu-
cation that have existing transportation programs. 
(3) CERTAIN INCLUSIONS.—At least two of the 
consortium colleges and universities associated with 
the National Transportation Security Center of Ex-
cellence shall be an Historically Black College or 
University, an Hispanic Serving Institution, or Trib-
al University, even if the primary institution is one 
of the aforementioned institutions of higher edu-
cation. 
(4) DEGREE PROGRAM.—Of the universities se-
lected under paragraph (2), at least one shall have 
an established degree and an advanced degree pro-
gram in transportation studies. 
(d) TRAINING.—If the consortium does not include 
the National Transit Institute, the consortium shall work 
with the National Transit Institute on training programs. 
(e) FUNDING.—The Secretary shall provide such 
funding as is necessary to the National Transportation Se-
curity Center of Excellence established under subsection 
(a) to carry out this section. 
SEC. 117. TSA PERSONNEL LIMITATIONS. 
Any statutory limitation on the number of employees 
in the Transportation Security Administration does not 
apply to employees carrying out this Act. 
SEC. 118. HOMELAND SECURITY GRANTS. 
Notwithstanding any provision of this Act, all grants 
distributed for security-related purposes pursuant to this 
Act, shall be administered on the basis of risk. 
SEC. 119. THREAT ASSESSMENT SCREENING. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary shall implement a threat 
assessment screening program, including name-based 
checks against terrorist watch lists and immigration sta-
tus check, for all employees of covered transportation, that 
is the same as the threat assessment screening program 
required for facility employees and longshoremen by the 
Commandant of the Coast Guard under Coast Guard No-
tice USCG–2006–24189 (71 Fed. Reg. 25066 (Friday, 
April 28, 2006)). 
SEC. 120. BACKGROUND CHECKS FOR COVERED INDIVID-
UALS. 
(a) DEFINITIONS.—In this section, the following defi-
nitions apply:
(1) BACKGROUND CHECKS.—The term ‘‘back-
ground check’’ means a check of the following: 
(A) Relevant criminal history databases. 
(B) In the case of an alien (as defined in 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(3)), the relevant databases to deter-
mine the status of the alien under the immigra-
tion laws of the United States. 
(2) COVERED
INDIVIDUALS.—The term ‘‘cov-
ered individual’’ means an employee of—
(A) an employer, within the meaning of 
section 701(b) of the Civil Rights Act of 1964 
(42 U.S.C. 2000e(b)), who is a provider of cov-
ered 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 
satisfy 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-