HR 1401 RFS
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 
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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. 
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(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. 
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(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 
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(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; 
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(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 
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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 
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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.— 
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(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-
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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: 
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(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-
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ments a redress process in accordance with sub-
section (b) for covered individuals adversely im-
pacted by a background check described in sub-
section (b). 
(2) STANDARDS.—The redress process shall be 
modeled after the appeals and waiver process estab-
lished for hazmat drivers and transportation workers 
at ports, as required by section 1515 of title 49, 
Code of Federal Regulations. 
(3) COMPONENTS.—The redress process shall 
include the following: 
(A) A waiver process that will allow a cov-
ered individual to demonstrate, through reha-
bilitation, or facts surrounding the conviction or 
other mitigating factors, that the individual is 
not a security risk. 
(B) An appeal process during which a cov-
ered individual will have an opportunity to dem-
onstrate that the individual does not have a dis-
qualifying conviction either by— 
(i) correcting outdated underlying 
court records; 
(ii) proving mistaken identity; or 
(iii) establishing that the conviction 
cannot serve as the basis for an adverse 
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employment decision in accordance with 
the limitations contained in subsection (d). 
(C) A proceeding providing an independent 
review. 
(D) A process to ensure compliance with 
the requirements of this section. 
(4) 
PROCEEDINGS
PROVIDING
AN
INDE-
PENDENT
REVIEW.—A covered individual who re-
quests a proceeding under paragraph (3)(C) shall 
have the right to have waiver and appeal decisions 
heard by an independent decisionmaker with the 
ability to order reinstatement expeditiously or pro-
vide other remedy. 
(5) PREVIOUS BACKGROUND CHECKS.—A cov-
ered individual subjected to and adversely affected 
by a background check conducted by a provider of 
covered transportation (or a contractor or subcon-
tractor of such a provider), in the period beginning 
on June 23, 2006, and ending on the date of enact-
ment of this Act, to satisfy any rules, regulations, 
directives, or other guidance issued by the Secretary 
to protect covered transportation from the threat of 
terrorism shall have an immediate right to a pro-
ceeding with an independent decisionmaker to deter-
mine if the adverse action was in compliance with 
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this section and shall have a right to immediate rein-
statement or other remedy if the background check 
fails to comply with this section. 
(d) LIMITATIONS.— 
(1) IN GENERAL.—Subject to paragraph (2), if 
an employer performs background checks to satisfy 
any rule, regulation, directive, or other guidance 
issued by the Secretary regarding background checks 
of covered individuals, the employer shall be prohib-
ited from making an adverse employment decision, 
including removal or suspension, with respect to a 
covered individual based on— 
(A) a felony conviction that occurred 7 or 
more years ago; 
(B) a conviction of any offense for which 
the individual was released from incarceration 5 
or more years ago; or 
(C) any felony not listed in section 
1572.103 of title 49, Code of Federal Regula-
tions. 
(2) EXCEPTIONS.—The limitations contained in 
paragraph (1) shall not apply to a covered individual 
who has been convicted of any of the following: 
(A) Treason (or conspiracy to commit trea-
son). 
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(B) Espionage (or conspiracy to commit 
espionage). 
(C) Sedition (or conspiracy to commit sedi-
tion). 
(D) Any crime listed in chapter 113B of 
title 18, United States Code (or conspiracy to 
commit such a crime). 
(e) NO PREEMPTION OF FEDERAL OR STATE LAW.— 
Nothing in this section shall be construed as preempting 
a Federal, State, or local law that requires criminal his-
tory background checks of covered employees. 
(f) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to affect the process for review 
established under section 70105(c) of title 46, United 
States Code, including regulations issued pursuant to such 
section. 
SEC. 121. TASK FORCE ON DISQUALIFYING CRIMES. 
(a) ESTABLISHMENT.—The Secretary shall establish 
a task force to review the lists of crimes that disqualify 
individuals from certain transportation-related employ-
ment under current regulations of the Transportation Se-
curity Administration and assess whether such lists of 
crimes are accurate indicators of a terrorism security risk. 
(b) MEMBERSHIP.—The task force shall be composed 
of representatives of appropriate industries, including rep-
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resentatives of nonprofit employee labor organizations, 
and Federal agencies. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the task force shall transmit to 
the Secretary and Congress a report containing the results 
of the review, including recommendations for a common 
list of disqualifying crimes and the rationale for the inclu-
sion of each crime on the list. 
SEC. 122. PENALTIES. 
(a) REGULATIONS
AND
ORDERS
OF
THE
SEC-
RETARY.—Section 114 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(u) GENERAL CIVIL PENALTIES
AND ENFORCE-
MENT
OF REGULATIONS
AND ORDERS
OF
THE SEC-
RETARY OF HOMELAND SECURITY.— 
‘‘(1) APPLICATION.—This subsection applies to 
the enforcement of regulations prescribed, and or-
ders issued, by the Secretary of Homeland Security 
under a provision of chapter 701 of title 46 and this 
title (other than chapter 449) (in this subsection re-
ferred to as an ‘applicable provision of this title’). 
Penalties for violation of regulations prescribed, and 
orders issued, by the Secretary of Homeland Secu-
rity under a provision of chapter 449 are provided 
under chapter 463. 
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‘‘(2) GENERAL CIVIL PENALTIES.— 
‘‘(A) MAXIMUM CIVIL PENALTIES.—A per-
son is liable to the United States Government 
for a civil penalty of not more than $10,000 for 
a violation of a regulation prescribed, or order 
issued, by the Secretary of Homeland Security 
under an applicable provision of this title. 
‘‘(B) SEPARATE 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 prescribed, or 
order issued, under an applicable provision of 
this title. The Secretary of Homeland Security 
shall give written notice of the finding of a vio-
lation and the penalty. 
‘‘(B) CIVIL
ACTIONS
TO
COLLECT
PEN-
ALTIES.—In a civil action to collect a civil pen-
alty imposed by the Secretary under this para-
graph, the issues of liability and the amount of 
the penalty may not be reexamined. 
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‘‘(C) EXCLUSIVE
JURISDICTION
OF
DIS-
TRICT
COURTS.—Notwithstanding 
subpara-
graph (A) of this paragraph, the district courts 
of the United States have exclusive jurisdiction 
of a civil action involving a penalty that the 
Secretary initiates 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 con-
cern; or 
‘‘(II) $50,000 if the violation was 
committed by an individual or small 
business concern; 
‘‘(ii) the action is in rem or another 
action in rem based on the same violation 
has been brought; or 
‘‘(iii) another action has been brought 
for an injunction based on the same viola-
tion. 
‘‘(D) MAXIMUM CIVIL PENALTIES IMPOSED 
BY THE SECRETARY.—The maximum civil pen-
alty the Secretary may impose under this para-
graph is— 
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‘‘(i) $400,000 if the violation was 
committed by a person other than an indi-
vidual or small business concern; or 
‘‘(ii) $50,000 if the violation was com-
mitted by an individual or small business 
concern. 
‘‘(E) NOTICE AND OPPORTUNITY TO RE-
QUEST HEARING.—Before imposing a penalty 
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, not 
later than 30 days after the date on which 
the person receives the notice, a hearing on 
the proposed penalty. 
‘‘(4) COMPROMISE AND SETOFF.— 
‘‘(A) COMPROMISE.—The Secretary may 
compromise the amount of a civil penalty im-
posed under this subsection. 
‘‘(B) SETOFF.—The Government may de-
duct the amount of a civil penalty imposed or 
compromised 
under 
this 
subsection 
from 
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amounts it owes the person liable for the pen-
alty. 
‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—The 
provisions set forth in chapter 461 shall be applica-
ble to investigations and proceedings brought under 
this subsection to the same extent that they are ap-
plicable to investigations and proceedings brought 
with respect to aviation security duties designated to 
be carried out by the Secretary. 
‘‘(6) NONAPPLICATION.— 
‘‘(A) PERSONS
SUBJECT
TO
PENALTIES 
DETERMINED
BY
THE
SECRETARY
OF
DE-
FENSE.—Paragraphs (1) through (4) of this 
subsection do not apply to the following per-
sons, who shall be subject to penalties as deter-
mined by the Secretary of Defense or the Sec-
retary’s designee: 
‘‘(i) The transportation of personnel 
or shipments of materials by contractors 
where the Department of Defense has as-
sumed control and responsibility. 
‘‘(ii) A member of the Armed Forces 
of the United States when performing offi-
cial duties. 
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‘‘(iii) A civilian employee of the De-
partment of Defense when performing offi-
cial duties. 
‘‘(B) POSTAL SERVICE; DEPARTMENT OF 
DEFENSE.—In this subsection, the term ‘per-
son’ does not include— 
‘‘(i) the United States Postal Service; 
or 
‘‘(ii) the Department of Defense. 
‘‘(7) SMALL
BUSINESS
CONCERN
DEFINED.— 
The term ‘small business concern’ has the meaning 
given that term in section 3 of the Small Business 
Act (15 U.S.C. 632).’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
46301(a)(4) of title 49, United States Code, is amended 
by striking ‘‘or another requirement under this title ad-
ministered by the Under Secretary of Transportation for 
Security’’. 
SEC. 123. SCHOOL BUS TRANSPORTATION SECURITY. 
(a) SCHOOL BUS SECURITY THREAT ASSESSMENT.— 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall transmit to the appropriate con-
gressional committees, a report, including a classified re-
port, as appropriate, containing a comprehensive threat 
assessment of the threat of a terrorist attack on the Na-
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tion’s school bus transportation system in accordance with 
the requirements of this section. 
(b) CONTENTS OF THREAT ASSESSMENT.—The as-
sessment shall include— 
(1) an assessment of the Nation’s school bus 
transportation system, including publicly and pri-
vately operated systems; 
(2) the security threats to the assets and sys-
tems; 
(3) an assessment of actions already taken by 
operators 
to 
address 
identified 
security 
vulnerabilities by both private and publicly operated 
systems; 
(4) an assessment of additional actions and in-
vestments necessary to improve the security of the 
Nation’s school children traveling on school buses; 
(5) an assessment of whether additional legisla-
tion or Federal programs are needed to provide for 
the security of children traveling on school buses; 
and 
(6) an assessment of the psychological and eco-
nomic impacts of an attack on school buses. 
(c) CONSULTATION.—In conducting the threat as-
sessment, the Secretary shall consult with administrators 
and officials of school systems, representatives of the 
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school bus industry, including both public and privately 
operated systems, public safety and law enforcement offi-
cials, and nonprofit employee labor organizations rep-
resenting school bus drivers. 
SEC. 124. ENHANCED SECURITY MEASURES FOR SHIP-
MENTS OF SECURITY SENSITIVE MATERIALS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, in consulta-
tion with the Secretary of Transportation, shall issue reg-
ulations to require enhanced security measures for ship-
ments of security sensitive materials. 
(b) DEFINITIONS.— 
(1) SECURITY SENSITIVE MATERIAL.—The Sec-
retary shall designate a material, or a group or class 
of material, in a particular amount and form as se-
curity sensitive when the Secretary determines that 
transporting the material in commerce poses a sig-
nificant risk to national security due to the potential 
use of the material in an act of terrorism. In making 
such a designation, the Secretary shall consider the 
following: 
(A) A highway route-controlled quantity of 
a Class 7 (radioactive) material, as defined in 
section 173.403 of title 49, Code of Federal 
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Regulations, in a motor vehicle, railroad car, or 
freight container. 
(B) More than 25 kilograms (55 pounds) 
of a division 1.1, 1.2, or 1.3 explosive, as de-
fined in section 173.50 of title 49, Code of Fed-
eral Regulations, in a motor vehicle, rail car, or 
freight container. 
(C) More than one liter (1.06 quart) per 
package of a material poisonous by inhalation, 
as defined in section 171.8 of title 49, Code of 
Federal Regulations, that meets the criteria for 
hazard 
zone 
A, 
as 
specified 
in 
section 
173.116(a) or section 173.133(a) of title 49, 
Code of Federal Regulations. 
(D) A shipment of a quantity of hazardous 
materials in a bulk packaging having a capacity 
equal to or greater than 13,248 liters (3,500 
gallons) for liquids or gases or more than 13.24 
cubic meters (68 cubic feet) for solids. 
(E) A shipment in other than a bulk pack-
aging of 2,268 kilograms (5,000 pounds) gross 
weight or more of one class of hazardous mate-
rials for which placarding of a vehicle, rail car, 
or freight container is required for that class 
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under the provisions of section 172.521B of 
title 49, Code of Federal Regulations. 
(F) A select agent or toxin regulated by 
the Centers for Disease Control and Prevention 
under part 73 of title 42, Code of Federal Reg-
ulations. 
(G) A quantity of hazardous material that 
requires placarding under the provisions of sub-
part F of part 172 of title 49, Code of Federal 
Regulations. 
(2) AREA OF CONCERN.—For purposes of this 
section, the term ‘‘area of concern’’ means a geo-
graphic region designated by the Secretary as com-
manding special consideration with respect to the se-
curity of the transportation of security sensitive ma-
terials, which shall include high threat urban areas 
as determined by the Secretary. 
(3) STORAGE
PATTERN.—The term ‘‘storage 
pattern’’ is defined as the conditions of storage, in-
cluding— 
(A) location of cars in railroad yards or on 
railroad-controlled leased tracks; 
(B) type of storage (such as bulk transfer 
or not); 
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(C) typical types and numbers of security 
sensitive material cars stored in close proximity 
(in ranges); 
(D) population density; 
(E) average length of time cars are stored, 
attended or unattended; and 
(F) security measures present, including 
physical security measures, secure handoffs and 
nearest available safe havens for storage in case 
of heightened threat conditions. 
(4) MOST
SECURE.—The term ‘‘most secure 
route or storage pattern’’ means the route or storage 
pattern that best reduces the risk, including con-
sequences, of a terrorist attack on a shipment of se-
curity sensitive material that is transported through 
or near an area of concern. 
(c) COMPILATION OF ROUTE AND STORAGE PAT-
TERN INFORMATION FOR RAILROAD CARRIERS TRANS-
PORTING SECURITY SENSITIVE MATERIALS.—Not later 
than 90 days after the end of each calendar year, a rail-
road carrier shall compile commodity data by route and 
storage pattern, a line segment or series of line segments 
as aggregated by the railroad carrier. Within the railroad 
carrier selected route, the commodity data shall identify 
the geographic location of the route and storage pattern 
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and the total number of shipments by United Nations 
identification number for security sensitive materials and 
storage patterns along the routes. 
(d) RAIL TRANSPORTATION ROUTE AND STORAGE 
PATTERN ANALYSIS FOR SECURITY SENSITIVE MATE-
RIALS.—For each calendar year, a railroad carrier shall 
provide a written analysis of the security risks for the 
transportation routes and storage patterns, identified in 
the commodity data collected as required by subsection 
(c). The security risks present shall be analyzed for the 
route, railroad facilities, railroad storage facilities, private 
storage facilities, and areas of concern along or in prox-
imity to the route. 
(e) ALTERNATIVE ROUTE AND STORAGE PATTERN 
ANALYSIS FOR SECURITY SENSITIVE MATERIALS.— 
(1) By the end of each calendar year, a railroad 
carrier shall— 
(A) identify to the Department practical 
alternative routes and storage patterns that will 
avoid areas of concern for each of the transpor-
tation routes or facilities it used to ship or store 
security sensitive materials through or near 
areas of concern in the last calendar year; and 
(B) perform a security risk assessment of 
the alternative route or storage pattern for 
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comparison to the route and storage pattern 
analysis specified in subsection (d). 
(2) The analysis shall include the following: 
(A) Identification of security risks for al-
ternative route or storage pattern. 
(B) Comparison of those risks identified in 
subparagraph (A) to the primary rail transpor-
tation route or storage pattern. 
(3) railroad carriers transporting security sen-
sitive materials must consider the availability of 
interchange agreements or systems of tracks and fa-
cilities owned by other operators when determining 
whether an alternate route for transporting the secu-
rity sensitive materials to avoid areas of concern is 
practical. 
(4) An alternate route or storage facility that 
will avoid an area of concern may be considered by 
the railroad carrier to be impractical if the shipment 
originates in or is destined for the area of concern, 
or if there would be no harm beyond the property 
of the railroad carrier transporting the shipment or 
storage facility storing the shipment in the event of 
a successful terrorist attack on the shipment. 
(f) ALTERNATIVE ROUTE AND STORAGE PATTERN 
SELECTION FOR SECURITY SENSITIVE MATERIALS.—A 
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railroad carrier shall use the analysis required by sub-
sections (d) and (e) to select the most secure route and 
storage pattern to be used in moving the materials speci-
fied in subsection (b). 
(g) REVIEW.—Not less than once every 5 years, the 
analyses route and storage pattern selection determina-
tions required under subsections (c), (d), (e), and (f) shall 
include a comprehensive, system-wide review of all oper-
ational changes, infrastructure modifications, traffic ad-
justments, changes in the nature of the areas of concern 
located along or in proximity to the route, or other 
changes affecting the security of the movements of the ma-
terials specified in subsection (b) of this section that were 
implemented during the 5-year period. 
SEC. 125. TECHNOLOGY STANDARDS AND CLEARINGHOUSE 
TO IMPROVE SECURITY OF COVERED TRANS-
PORTATION. 
(a) IN GENERAL.—The Secretary, acting through the 
Under Secretary for Science and Technology and the Di-
rector of the Domestic Nuclear Detection Office (for radi-
ological and nuclear detection technologies and training), 
in consultation with the Director of the National Institute 
of Standards and Technology and other appropriate Fed-
eral agencies, as appropriate, shall establish a standards 
program to support the development, promulgation, and 
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updating as necessary of national voluntary consensus 
standards for performance, testing, use, and training with 
respect to technologies that will improve the security of 
covered transportation in order to meet the security plan 
requirements under section 103(d)(1) and the security 
performance requirements under section 103(f). 
(b) EQUIPMENT STANDARDS.— 
(1) REQUIREMENTS.—The standards for the 
performance, use, and validation of equipment devel-
oped under subsection (a) shall be designed to assist 
Federal, State, local, and tribal government and 
nongovernment emergency response providers, other 
components of the Department, providers of covered 
transportation, shippers of hazardous material, man-
ufacturers of railroad and transit cars, transpor-
tation and public safety officials, and other relevant 
stakeholders in acquiring and implementing tech-
nologies to prevent, prepare for, mitigate against, 
and respond to acts of terrorism on covered trans-
portation. Such standards— 
(A) shall be, to the maximum extent prac-
ticable, consistent with any existing voluntary 
consensus standards; 
(B) shall take into account, as appropriate, 
new types of terrorism threats which may tar-
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get covered transportation and responsibilities 
of the Department that may not have been con-
templated when such existing standards were 
developed; 
(C) shall focus on maximizing interoper-
ability, interchangeability, durability, flexibility, 
efficiency, efficacy, portability, sustainability, 
and safety; 
(D) shall facilitate deployment of the sys-
tems to the field and include concept of oper-
ations; 
(E) shall consider human factors science; 
and 
(F) shall cover all appropriate uses of the 
equipment. 
(2) CATEGORIES OF EQUIPMENT.—In carrying 
out paragraph (1), the Secretary shall specifically 
consider national voluntary consensus standards for 
the performance, use, and validation of the following 
categories of equipment: 
(A) Physical security equipment, including 
surveillance cameras, alarm systems, access/in-
trusion control, motion detection, barriers such 
as fences, impact resistant doors, bomb-resist-
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ant trash receptacles, and personnel and vehicle 
identification systems. 
(B) Interoperable communications equip-
ment, including wireless and wireline voice, 
video, and data networks. 
(C) Information technology, including posi-
tion locating and tracking systems. 
(D) Cybersecurity equipment, including bi-
ometric authentication systems, network and 
personal firewalls and other authentication 
technologies. 
(E) Personal protective equipment, includ-
ing garments, boots, gloves, and hoods and 
other protective clothing. 
(F) Operational and search and rescue 
equipment, including canines and scene control 
and safety equipment such as first aid kits. 
(G) Explosive mitigation devices and explo-
sive detection and analysis equipment. 
(H) Chemical, biological, radiological, and 
nuclear detection equipment. 
(I) Decontamination equipment. 
(J) Noninvasive inspection and screening 
systems. 
(K) Medical and pharmaceutical supplies. 
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(L) Other terrorism incident prevention 
equipment. 
(M) Such other equipment for which the 
Secretary determines that national voluntary 
consensus standards would be appropriate to 
improve the security of covered transportation. 
(3) CERTIFICATION AND ACCREDITATION.—The 
Secretary, in carrying out this subsection, and in co-
ordination with the Director of the National Insti-
tute of Standards and Technology, may support the 
certification of equipment and the accreditation of 
laboratories to conduct testing and evaluation. 
(c) TRAINING STANDARDS.— 
(1) REQUIREMENTS.—The standards for the 
training developed under subsection (a) shall be de-
signed to enable Federal, State, local, and tribal gov-
ernment and nongovernment emergency response 
providers, other Department personnel, providers of 
covered transportation, shippers of hazardous mate-
rial, manufacturers of railroad and transit cars, 
transportation and public safety officials, and other 
relevant stakeholders to use equipment effectively 
and appropriately in carrying out their responsibil-
ities to secure covered transportation. Such stand-
ards shall prioritize— 
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(A) enabling appropriate stakeholders to 
prevent, prepare for, respond to, mitigate 
against, and recover from terrorist threats on 
covered transportation, including threats from 
chemical, biological, radiological, and nuclear 
weapons and explosive devices capable of inflict-
ing significant human casualties, and other po-
tentially catastrophic emergencies; and 
(B) familiarizing appropriate stakeholders 
with the proper use of equipment, including the 
capabilities and limitations of equipment and 
conditions in which the equipment is expected 
to operate. 
(2) CATEGORIES OF ACTIVITIES.—In carrying 
out paragraph (1), the Secretary specifically shall in-
clude the following categories of activities: 
(A) Regional planning. 
(B) Joint exercises. 
(C) Information analysis and sharing. 
(D) Decision making protocols for incident 
response and alarms. 
(E) Emergency notification of affected 
populations. 
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(F) Detection of biological, nuclear, radio-
logical, and chemical weapons of mass destruc-
tion. 
(G) Screening and patrolling procedures. 
(H) Such other activities for which the 
Secretary determines that national voluntary 
consensus training standards would be appro-
priate. 
(3) CONSISTENCY.—In carrying out this sub-
section, the Secretary shall ensure that training 
standards are consistent with the principles of all 
hazards emergency preparedness. 
(d) CONSULTATION WITH STANDARDS ORGANIZA-
TIONS.—In establishing national voluntary consensus 
standards for equipment and training under this section, 
the Secretary shall consult with relevant public and private 
sector groups, including— 
(1) the National Institute of Standards and 
Technology; 
(2) the American Public Transportation Asso-
ciation; 
(3) the National Fire Protection Association; 
(4) the National Association of County and City 
Health Officials; 
(5) the Association of American Railroads; 
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(6) the American Bus Association; 
(7) the Association of State and Territorial 
Health Officials; 
(8) the American National Standards Institute; 
(9) the National Institute of Justice; 
(10) the Inter-Agency Board for Equipment 
Standardization and Interoperability; 
(11) the National Public Health Performance 
Standards Program; 
(12) the National Institute for Occupational 
Safety and Health; 
(13) ASTM International; 
(14) the International Safety Equipment Asso-
ciation; 
(15) the Emergency Management Accreditation 
Program; 
(16) nonprofit employee labor organizations; 
and 
(17) to the extent the Secretary considers ap-
propriate, other national voluntary consensus stand-
ards development organizations, other interested 
Federal, State, and local agencies, and other inter-
ested persons. 
(e) TECHNOLOGY CLEARINGHOUSE
TO ENHANCE 
THE SECURITY OF COVERED TRANSPORTATION.— 
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(1) IN GENERAL.—The Secretary shall utilize 
the Technology Clearinghouse established under sec-
tion 313 of the Homeland Security Act of 2002 (6 
U.S.C. 193) to facilitate the identification, acquisi-
tion, and deployment of technology, equipment, and 
training for use by Federal, State, local, and tribal 
agencies, emergency response providers, other com-
ponents of the Department, providers of covered 
transportation, shippers of hazardous material, man-
ufacturers of railroad and transit cars, transpor-
tation and public safety officials, and other relevant 
stakeholders to prevent, prepare for, mitigate 
against, respond to, or recover from acts of ter-
rorism on covered transportation. 
(2) ELEMENTS OF THE TECHNOLOGY CLEAR-
INGHOUSE.—Activities in carrying out paragraph (1) 
shall include— 
(A) identifying available technologies that 
have been, or are in the process of being, devel-
oped, tested, evaluated, or demonstrated by the 
Department, other Federal agencies, the private 
sector, or foreign governments and international 
organizations, and reviewing whether such tech-
nologies may be useful in assisting appropriate 
stakeholders to prevent, prepare for, mitigate 
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against, respond to, or recover from acts of ter-
rorism on covered transportation; and 
(B) communicating to Federal, State, 
local, and tribal agencies, emergency response 
providers, other components of the Department, 
providers of covered transportation, shippers of 
hazardous material, manufacturers of railroad 
and transit cars, transportation and public safe-
ty officials, and other relevant stakeholders the 
availability of such technologies, as well as— 
(i) the technology’s specifications and 
concept of operations; 
(ii) satisfaction of appropriate equip-
ment and training standards developed 
under subsections (a) and (b); 
(iii) relevant grants available from the 
Department to purchase or train with such 
technologies; and 
(iv) whether the Secretary has des-
ignated a product, equipment, service, de-
vice, or technology under subparagraph (A) 
as a qualified antiterrorism technology 
pursuant to the Support Anti-terrorism by 
Fostering Effective Technologies Act of 
2002 (6 U.S.C. 441 et seq.). 
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(3) COORDINATION.—The Secretary shall en-
sure that the technology clearinghouse activities con-
ducted through the Under Secretary for Science and 
Technology are coordinated with appropriate compo-
nents of the Department including the Domestic Nu-
clear Detection Office, the Transportation Security 
Administration, the Office of Infrastructure Protec-
tion, the Office of Grants and Training, and the 
Federal Emergency Management Agency. 
(4) AGREEMENTS.—The Secretary may enter 
into memoranda of understandings or agreements 
with other Federal agencies, foreign governments, 
and national and international organizations as ap-
propriate, in order to maximize the availability of 
such technologies and information through the Tech-
nology Clearinghouse. 
(f) SAVINGS PROVISION.—An action of the Secretary 
or the Secretary of Transportation under this Act is not 
an exercise, under section 4(b)(1) of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 653(b)(1)), of 
statutory authority to prescribe or enforce standards or 
regulations affecting occupational safety or health. 
SEC. 126. RAIL TANK CAR SECURITY TESTING. 
(a) RAIL
TANK
CAR
VULNERABILITY
ASSESS-
MENT.— 
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(1) ASSESSMENT.—The Secretary and the Sec-
retary of Transportation shall jointly assess the like-
ly methods of a deliberate attack against a rail tank 
car used to transport toxic-inhalation-hazard mate-
rials, and for each method assessed, the degree to 
which it may be successful in causing death, injury, 
or serious adverse effects to human health, the envi-
ronment, critical infrastructure, national security, 
the national economy, or public welfare. 
(2) THREATS.—In carrying out paragraph (1), 
the Secretary and the Secretary of Transportation 
shall jointly consider the most current threat infor-
mation as to likely methods of a successful attack on 
a rail tank car transporting toxic-inhalation-hazard 
materials, and may consider the following: 
(A) An improvised explosive device placed 
along the tracks. 
(B) An improvised explosive device at-
tached to the rail car. 
(C) The use of shoulder-fired missiles. 
(D) The use of rocket propelled grenades. 
(E) The use of mortars or high-caliber 
weapons. 
(3) PHYSICAL TESTING.—In developing the as-
sessment required under paragraph (1), the Sec-
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