‘‘(2) Crew and passenger communication and 
coordination. 
‘‘(3) Appropriate responses to defend oneself. 
‘‘(4) Use of protective devices. 
‘‘(5) Evacuation procedures (including pas-
sengers, workers, and those with disabilities). 
‘‘(6) Live situational training exercises regard-
ing various threat conditions, including tunnel evac-
uation procedures. 
‘‘(7) Any other subject the Secretary considers 
appropriate. 
‘‘(c) REQUIRED PROGRAMS.—Not later than 60 days 
after the Secretary issues guidance under subsection (a) 
in final form, each rail and public transportation system 
shall develop a rail and public transportation worker secu-
rity training program in accordance with that guidance 
and submit it to the Secretary for approval. Not later than 
60 days after receiving a rail or public transportation sys-
tem’s program under this subsection, the Secretary shall 
review the program and approve it or require the rail or 
public transportation system to make any revisions the 
Secretary considers necessary for the program to meet the 
guidance requirements. 
‘‘(d) TRAINING.—Not later than 1 year after the Sec-
retary approves the training program developed by a rail 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
or public transportation system under this section, the 
railroad carrier or public transportation system owner or 
operator shall complete the training of all rail and public 
transportation workers in accordance with that program. 
‘‘(e) UPDATES.—The Secretary shall update the 
training guidance issued under subsection (a) from time 
to time to reflect new or different security threats, and 
require rail and public transportation systems to revise 
their programs accordingly and provide additional training 
to their workers.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (116 
Stat. 2135) is amended by inserting after the item relating 
to section 801 the following: 
‘‘Sec. 802. Rail and public transportation security training program.’’. 
SEC. 6. RAIL AND PUBLIC TRANSPORTATION SECURITY EX-
ERCISE PROGRAM. 
(a) Subtitle A of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 361) is amended by adding at the 
end the following new section: 
‘‘SEC. 803. RAIL AND PUBLIC TRANSPORTATION SECURITY 
EXERCISE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the Assistant Secretary for Grants and Training, shall es-
tablish a Rail and Public Transportation Security Exercise 
Program (hereinafter in this section referred to as the 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
‘Program’) for the purpose of testing and evaluating the 
capabilities of Federal, State, and local agencies and tribal 
governments, rail and public transportation system em-
ployees and management, governmental and nongovern-
mental emergency response providers, the private sector, 
or any other organization or entity, as the Secretary deter-
mines to be appropriate, to prevent, prepare for, mitigate 
against, respond to, and recover from acts of terrorism, 
natural disasters, and other emergencies at rail and public 
transportation systems. 
‘‘(b) 
REQUIREMENTS.—The 
Secretary, 
acting 
through the Assistant Secretary for Grants and Training 
and in coordination with the Assistant Secretary of Home-
land Security (Transportation Security Administration), 
shall ensure that the Program— 
‘‘(1) consolidates all existing rail and public 
transportation system security exercise programs ad-
ministered by the Department; 
‘‘(2) conducts, on a periodic basis, exercises at 
rail and public transportation systems that are— 
‘‘(A) scaled and tailored to the needs of 
each rail and public transportation system; 
‘‘(B) live in the case of the most at-risk 
rail and public transportation systems; 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
‘‘(C) as realistic as practicable and based 
on current risk assessments, including credible 
threats, vulnerabilities, and consequences; 
‘‘(D) consistent with the National Incident 
Management System, the National Response 
Plan, the National Infrastructure Protection 
Plan, the National Preparedness Guidance, the 
National Preparedness Goal, and other such na-
tional initiatives; 
‘‘(E) evaluated against clear and consistent 
performance measures; 
‘‘(F) assessed to learn best practices, 
which shall be shared with appropriate Federal, 
State, local and tribal officials, rail and public 
transportation system employees and manage-
ment; governmental and nongovernmental emer-
gency response providers, and the private sec-
tor; and 
‘‘(G) followed by remedial action in re-
sponse to lessons learned; and 
‘‘(3) assists State and local governments and 
rail and public transportation systems in designing, 
implementing, and evaluating exercises that— 
‘‘(A) conform to the requirements of para-
graph (2); and 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
‘‘(B) are consistent with any applicable 
Area Rail and Public Transportation Security 
Plan and State or Urban Area Homeland Secu-
rity Plan. 
‘‘(c) REMEDIAL ACTION MANAGEMENT SYSTEM.— 
The Secretary, acting through the Assistant Secretary for 
Grants and Training, shall establish a Remedial Action 
Management System to— 
‘‘(1) identify and analyze each rail and public 
transportation system exercise for lessons learned 
and best practices; 
‘‘(2) disseminate lessons learned and best prac-
tices to participants in the Program; 
‘‘(3) monitor the implementation of lessons 
learned and best practices by participants in the 
Program; and 
‘‘(4) conduct remedial action tracking and long- 
term trend analysis. 
‘‘(d) GRANT PROGRAM FACTOR.—In evaluating and 
prioritizing applications for Federal financial assistance 
under section 512, the Secretary shall give additional con-
sideration to those applicants that have conducted rail and 
public transportation security exercises under this section. 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
‘‘(e) CONSULTATION.—The Secretary shall ensure 
that, in carrying out the Program, the Office of Grants 
and Training shall consult with— 
‘‘(1) a geographic and substantive cross section 
of governmental and nongovernmental emergency re-
sponse providers; and 
‘‘(2) rail and public transportation system per-
sonnel and management.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (116 
Stat. 2135) is amended by inserting after the item relating 
to section 802 the following: 
‘‘Sec. 803. Rail and public transportation security exercise program.’’. 
SEC. 7. INTERAGENCY COOPERATION. 
The Secretary shall consider whether in fulfilling the 
requirements of this Act, in order to promote communica-
tions, efficiency, and nonduplication of effort, memoranda 
of agreement should be updated or executed with other 
Federal agencies, including the Department of Transpor-
tation, or between entities of the Department and other 
Federal entities, including between the Transportation Se-
curity Administration and the Federal Transit Adminis-
tration, the Pipeline and Hazardous Materials Safety Ad-
ministration, and the Federal Railroad Administration. 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
SEC. 8. RAIL SECURITY RESEARCH AND DEVELOPMENT. 
(a) ESTABLISHMENT OF RESEARCH AND DEVELOP-
MENT PROGRAM.—The Secretary, through the Under Sec-
retary for Science and Technology, in coordination with 
the Assistant Secretary of Homeland Security (Transpor-
tation Security Administration) and the Departmental 
Privacy Officer, and in consultation with the Secretary of 
Transportation, shall carry out a research and develop-
ment program for the purpose of improving rail and mass 
transit security that may include research and develop-
ment projects to— 
(1) reduce the vulnerability of passenger trains, 
stations, and equipment to explosives and hazardous 
chemical, biological, and radioactive substances; 
(2) test new emergency response and recovery 
techniques and technologies; 
(3) develop improved freight technologies, in-
cluding— 
(A) technologies for sealing rail cars; 
(B) automatic inspection of rail cars; 
(C) communication-based train controls; 
(D) signal system integrity at switches; 
(E) emergency response training including 
training in a tunnel environment; 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
(F) security and redundancy for critical 
communications, electrical power, computer, 
and train control systems; and 
(G) technologies for securing bridges and 
tunnels; 
(4) test wayside detectors that can detect tam-
pering with railroad equipment; 
(5) support enhanced security for the transpor-
tation of hazardous materials by rail; 
(6) mitigate damages in the event of a cyber at-
tack; and 
(7) address other vulnerabilities and risks iden-
tified by the Secretary. 
(b) COORDINATION WITH OTHER RESEARCH INITIA-
TIVES.—The Secretary shall ensure that the research and 
development program authorized by this section is con-
sistent with the National Strategy for Transportation Se-
curity and the Transportation Sector Specific Plan, and 
shall to the greatest extent possible leverage other ongoing 
research and development security related initiatives at 
the National Academy of Sciences; the Department of 
Homeland Security; the Department of Transportation, 
including University Transportation Centers and other in-
stitutes, centers, and simulators funded by the Depart-
ment of Transportation; the Technical Support Working 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
Group; other Federal agencies; and other Federal and pri-
vate research laboratories and research entities with the 
capability to conduct both practical and theoretical re-
search and technical systems analysis. 
(c) PRIVACY AND CIVIL RIGHTS AND CIVIL LIB-
ERTIES ISSUES.—In carrying out research and develop-
ment projects under this section, the Under Secretary for 
Science and Technology shall consult with the Chief Pri-
vacy Officer and the Officer for Civil Rights and Civil Lib-
erties as appropriate and in accordance with the plan re-
quired by section 319 of the Homeland Security Act of 
2002. Pursuant to sections 222 and 705 of the Homeland 
Security Act of 2002, the Chief Privacy Officer shall con-
duct privacy impact assessments and the Officer for Civil 
Rights and Civil Liberties shall conduct reviews, as appro-
priate, for research and development initiatives developed 
pursuant to this section. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out this section— 
(1) $50,000,000 for fiscal year 2007; 
(2) $50,000,000 for fiscal year 2008; and 
(3) $50,000,000 for fiscal year 2009. 
Amounts made available pursuant to this subsection shall 
remain available until expended. 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
SEC. 9. 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 national or home-
land security, which the covered individual reason-
ably believes constitutes a threat to national or 
homeland security, or which the covered individual 
reasonably believes constitutes fraud, waste or mis-
management of Government funds intended to be 
used for national or homeland security, when the in-
formation or assistance is provided to or the inves-
tigation is conducted by— 
(A) a Federal, State, or local regulatory or 
law enforcement agency (including an office of 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
Inspector General under the Inspector General 
Act of 1978); 
(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 misconduct); 
(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 national or 
homeland security; or 
(3) to refuse to violate or assist in the violation 
of any law, rule, or regulation relating to national or 
homeland 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 seek relief 
under subsection (c) by— 
(A) filing a complaint with the Secretary of 
Labor; or 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
(B) if the Secretary has not issued a final 
decision within 180 days after the filing of the 
complaint and there is no showing that such 
delay is due to the bad faith of the claimant, 
bringing an action at law or equity for de novo 
review in the appropriate district court of the 
United States, which shall have jurisdiction 
over such an action without regard to the 
amount in controversy. 
(2) PROCEDURE.— 
(A) IN GENERAL.—An action under para-
graph (1)(A) 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)(B) 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) shall be commenced not 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
later than 1 year after the date on which the 
violation occurs. 
(c) REMEDIES.— 
(1) IN
GENERAL.—A covered individual pre-
vailing in any action under subsection (b)(1) shall be 
entitled to all relief necessary to make the covered 
individual whole. 
(2) DAMAGES.—Relief for any action under 
paragraph (1) 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; 
(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney fees; and 
(D) punitive damages in an amount not to 
exceed the greater of 3 times the amount of any 
compensatory damages awarded under this sec-
tion or $5,000,000. 
(d) STATE SECRETS PRIVILEGE.—If, in any action 
brought under subsection (b)(1)(B), the Government as-
serts as a defense the privilege commonly referred to as 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
the ‘‘state secrets privilege’’ and the assertion of such 
privilege prevents the plaintiff from establishing a prima 
facie case in support of the plaintiff’s claim, the court shall 
enter judgment for the plaintiff and shall determine the 
relief to be granted. 
(e) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—It shall be unlawful for any 
person employing a covered individual to commit an 
act prohibited by subsection (a). Any person vio-
lating this paragraph shall be fined under title 18, 
United States Code, imprisoned not more than 10 
years, or both. 
(2) REPORTING REQUIREMENT.—The Depart-
ment of Justice shall submit to Congress an annual 
report on the enforcement of paragraph (1). Each 
such report shall (A) identify each case in which for-
mal charges under paragraph (1) were brought, (B) 
describe the status or disposition of each such case, 
and (C) in any actions under subsection (b)(1)(B) in 
which the covered individual was the prevailing party 
or the substantially prevailing party, indicate wheth-
er or not any formal charges under paragraph (1) 
have been brought and, if not, the reasons therefor. 
(f) RIGHTS RETAINED BY COVERED INDIVIDUAL.— 
Nothing in this section shall be deemed to diminish the 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
rights, privileges, or remedies of any covered individual 
under any Federal or State law, or under any collective 
bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, 
or condition of employment. 
(g) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘covered individual’’ means an em-
ployee of— 
(A) the Department of Homeland Security 
(which, for purposes of this section, includes the 
Transportation Security Administration); 
(B) a Federal contractor or subcontractor; 
and 
(C) an employer within the meaning of sec-
tion 701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b)) and who is a railroad carrier 
or public transportation system owner or oper-
ator; 
(2) the term ‘‘lawful’’ means not specifically 
prohibited by law, except that, in the case of any in-
formation the disclosure of which is specifically pro-
hibited by law or specifically required by Executive 
order to be kept secret in the interest of national de-
fense or the conduct of foreign affairs, any disclo-
sure of such information to any Member of Con-
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
gress, committee of Congress, or other recipient au-
thorized to receive such information, shall be deemed 
lawful; 
(3) the term ‘‘Federal contractor’’ means a per-
son who has entered into a contract with the De-
partment of Homeland Security; 
(4) the term ‘‘employee’’ means— 
(A) with respect to an employer referred to 
in paragraph (1)(A), an employee as defined by 
section 2105 of title 5, United States Code; and 
(B) with respect to an employer referred to 
in subparagraph (A) or (B) of paragraph (1), 
any officer, partner, employee, or agent; 
(5) the term ‘‘subcontractor’’— 
(A) means any person, other than the Fed-
eral contractor, who offers to furnish or fur-
nishes any supplies, materials, equipment, or 
services of any kind under a contract with the 
Department of Homeland Security or a sub-
contract entered into in connection with such a 
contract; and 
(B) includes any person who offers to fur-
nish or furnishes general supplies to the Fed-
eral contractor or a higher tier subcontractor; 
and 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS
(6) the term ‘‘person’’ means a corporation, 
partnership, State entity, business association of any 
kind, trust, joint-stock company, or individual. 
(h) TERMS AND CONDITIONS.—A grant under this 
title shall be subject to terms and conditions of section 
5333 of title 49, United States Code. 
SEC. 10. INCREASE IN RAIL SECURITY INSPECTORS. 
(a) IN GENERAL.—The Secretary shall increase by 
not less than 200 the number of positions for full-time 
rail security inspectors of the Department for each of the 
fiscal years 2007 through 2012. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out subsection (a) $26,400,000 for each of the fiscal years 
2007 through 2012. 
Æ 
VerDate Aug 31 2005 
04:24 Jul 01, 2006
Jkt 049200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6301
E:\BILLS\H5714.IH
H5714
HMOORE on PROD1PC68 with HMBILLS