H. R. 1—133 
(1) in subsection (b)(1), by striking ‘‘decides that the indi-
vidual poses a security risk under subsection (c)’’ and inserting 
‘‘determines under subsection (c) that the individual poses a 
security risk’’; and 
(2) in subsection (c), by amending paragraph (1) to read 
as follows: 
‘‘(1) DISQUALIFICATIONS.— 
‘‘(A) PERMANENT DISQUALIFYING CRIMINAL OFFENSES.— 
Except as provided under paragraph (2), an individual 
is permanently disqualified from being issued a biometric 
transportation security card under subsection (b) if the 
individual has been convicted, or found not guilty by reason 
of insanity, in a civilian or military jurisdiction of any 
of the following felonies: 
‘‘(i) Espionage or conspiracy to commit espionage. 
‘‘(ii) Sedition or conspiracy to commit sedition. 
‘‘(iii) Treason or conspiracy to commit treason. 
‘‘(iv) A Federal crime of terrorism (as defined in 
section 2332b(g) of title 18), a crime under a com-
parable State law, or conspiracy to commit such crime. 
‘‘(v) A crime involving a transportation security 
incident. 
‘‘(vi) Improper transportation of a hazardous mate-
rial in violation of section 5104(b) of title 49, or a 
comparable State law. 
‘‘(vii) Unlawful possession, use, sale, distribution, 
manufacture, purchase, receipt, transfer, shipment, 
transportation, delivery, import, export, or storage of, 
or dealing in, an explosive or explosive device. In this 
clause, an explosive or explosive device includes— 
‘‘(I) an explosive (as defined in sections 232(5) 
and 844(j) of title 18); 
‘‘(II) explosive materials (as defined in sub-
sections (c) through (f) of section 841 of title 18); 
and 
‘‘(III) a destructive device (as defined in 
921(a)(4) of title 18 or section 5845(f) of the 
Internal Revenue Code of 1986). 
‘‘(viii) Murder. 
‘‘(ix) Making any threat, or maliciously conveying 
false information knowing the same to be false, con-
cerning the deliverance, placement, or detonation of 
an explosive or other lethal device in or against a 
place of public use, a State or other government facility, 
a public transportation system, or an infrastructure 
facility. 
‘‘(x) A violation of chapter 96 of title 18, popularly 
known as the Racketeer Influenced and Corrupt 
Organizations Act, or a comparable State law, if one 
of the predicate acts found by a jury or admitted by 
the defendant consists of one of the crimes listed in 
this subparagraph. 
‘‘(xi) Attempt to commit any of the crimes listed 
in clauses (i) through (iv). 
‘‘(xii) Conspiracy or attempt to commit any of the 
crimes described in clauses (v) through (x).
H. R. 1—134 
‘‘(B) INTERIM
DISQUALIFYING
CRIMINAL
OFFENSES.— 
Except as provided under paragraph (2), an individual 
is disqualified from being issued a biometric transportation 
security card under subsection (b) if the individual has 
been convicted, or found not guilty by reason of insanity, 
during the 7-year period ending on the date on which 
the individual applies for such card, or was released from 
incarceration during the 5-year period ending on the date 
on which the individual applies for such card, of any of 
the following felonies: 
‘‘(i) Unlawful possession, use, sale, manufacture, 
purchase, distribution, receipt, transfer, shipment, 
transportation, delivery, import, export, or storage of, 
or dealing in, a firearm or other weapon. In this clause, 
a firearm or other weapon includes— 
‘‘(I) firearms (as defined in section 921(a)(3) 
of title 18 or section 5845(a) of the Internal Rev-
enue Code of 1986); and 
‘‘(II) items contained on the U.S. Munitions 
Import List under section 447.21 of title 27, Code 
of Federal Regulations. 
‘‘(ii) Extortion. 
‘‘(iii) Dishonesty, fraud, or misrepresentation, 
including identity fraud and money laundering if the 
money laundering is related to a crime described in 
this subparagraph or subparagraph (A). In this clause, 
welfare fraud and passing bad checks do not constitute 
dishonesty, fraud, or misrepresentation. 
‘‘(iv) Bribery. 
‘‘(v) Smuggling. 
‘‘(vi) Immigration violations. 
‘‘(vii) Distribution of, possession with intent to dis-
tribute, or importation of a controlled substance. 
‘‘(viii) Arson. 
‘‘(ix) Kidnaping or hostage taking. 
‘‘(x) Rape or aggravated sexual abuse. 
‘‘(xi) Assault with intent to kill. 
‘‘(xii) Robbery. 
‘‘(xiii) Conspiracy or attempt to commit any of 
the crimes listed in this subparagraph. 
‘‘(xiv) Fraudulent entry into a seaport in violation 
of section 1036 of title 18, or a comparable State law. 
‘‘(xv) A violation of the chapter 96 of title 18, 
popularly known as the Racketeer Influenced and Cor-
rupt Organizations Act or a comparable State law, 
other than any of the violations listed in subparagraph 
(A)(x). 
‘‘(C) UNDER
WANT, WARRANT, OR
INDICTMENT.—An 
applicant who is wanted, or under indictment, in any 
civilian or military jurisdiction for a felony listed in para-
graph (1)(A), is disqualified from being issued a biometric 
transportation security card under subsection (b) until the 
want or warrant is released or the indictment is dismissed. 
‘‘(D) OTHER POTENTIAL DISQUALIFICATIONS.—Except as 
provided under subparagraphs (A) through (C), an indi-
vidual may not be denied a transportation security card
H. R. 1—135 
under subsection (b) unless the Secretary determines that 
individual— 
‘‘(i) has been convicted within the preceding 7- 
year period of a felony or found not guilty by reason 
of insanity of a felony— 
‘‘(I) that the Secretary believes could cause 
the individual to be a terrorism security risk to 
the United States; or 
‘‘(II) for causing a severe transportation secu-
rity incident; 
‘‘(ii) has been released from incarceration within 
the preceding 5-year period for committing a felony 
described in clause (i); 
‘‘(iii) may be denied admission to the United States 
or removed from the United States under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.); or 
‘‘(iv) otherwise poses a terrorism security risk to 
the United States. 
‘‘(E) MODIFICATION
OF
LISTED
OFFENSES.—The Sec-
retary may, by rulemaking, add to or modify the list of 
disqualifying crimes described in paragraph (1)(B).’’. 
SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY 
AND THE DEPARTMENT OF TRANSPORTATION. 
The Secretary of Homeland Security is the principal Federal 
official responsible for transportation security. The roles and respon-
sibilities of the Department of Homeland Security and the Depart-
ment of Transportation in carrying out this title and titles XII, 
XIV, and XV are the roles and responsibilities of such Departments 
pursuant to the Aviation and Transportation Security Act (Public 
Law 107–71); the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458); the National Infrastructure 
Protection Plan required by Homeland Security Presidential Direc-
tive–7; The Homeland Security Act of 2002; The National Response 
Plan; Executive Order No. 13416: Strengthening Surface Transpor-
tation Security, dated December 5, 2006; the Memorandum of 
Understanding between the Department and the Department of 
Transportation on Roles and Responsibilities, dated September 28, 
2004, and any and all subsequent annexes to this Memorandum 
of Understanding; and any other relevant agreements between the 
two Departments. 
TITLE XIV—PUBLIC TRANSPORTATION 
SECURITY 
SEC. 1401. SHORT TITLE. 
This title may be cited as the ‘‘National Transit Systems Secu-
rity Act of 2007’’. 
SEC. 1402. DEFINITIONS. 
For purposes of this title, the following terms apply: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means 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
H. R. 1—136 
on Transportation and Infrastructure of the House of Rep-
resentatives. 
(2) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security. 
(3) DISADVANTAGED BUSINESSES CONCERNS.—The term ‘‘dis-
advantaged business concerns’’ means small businesses that 
are owned and controlled by socially and economically disadvan-
taged individuals as defined in section 124, title 13, Code of 
Federal Regulations. 
(4) FRONTLINE EMPLOYEE.—The term ‘‘frontline employee’’ 
means an employee of a public transportation agency who is 
a transit vehicle driver or operator, dispatcher, maintenance 
and maintenance support employee, station attendant, cus-
tomer service employee, security employee, or transit police, 
or any other employee who has direct contact with riders on 
a regular basis, and any other employee of a public transpor-
tation agency that the Secretary determines should receive 
security training under section 1408. 
(5) PUBLIC
TRANSPORTATION
AGENCY.—The term ‘‘public 
transportation agency’’ means a publicly owned operator of 
public transportation eligible to receive Federal assistance 
under chapter 53 of title 49, United States Code. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
SEC. 1403. FINDINGS. 
Congress finds that— 
(1) 182 public transportation systems throughout the world 
have been primary targets of terrorist attacks; 
(2) more than 6,000 public transportation agencies operate 
in the United States; 
(3) people use public transportation vehicles 33,000,000 
times each day; 
(4) the Federal Transit Administration has invested 
$93,800,000,000 since 1992 for construction and improvements; 
(5) the Federal investment in transit security has been 
insufficient; and 
(6) greater Federal investment in transit security improve-
ments per passenger boarding is necessary to better protect 
the American people, given transit’s vital importance in cre-
ating mobility and promoting our Nation’s economy. 
SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECU-
RITY. 
(a) NATIONAL STRATEGY.—Not later than 9 months after the 
date of enactment of this Act and based upon the previous and 
ongoing security assessments conducted by the Department and 
the Department of Transportation, the Secretary, consistent with 
and as required by section 114(t) of title 49, United States Code, 
shall develop and implement the modal plan for public transpor-
tation, entitled the ‘‘National Strategy for Public Transportation 
Security’’. 
(b) PURPOSE.— 
(1) GUIDELINES.—In developing the National Strategy for 
Public Transportation Security, the Secretary shall establish 
guidelines for public transportation security that— 
(A) minimize security threats to public transportation 
systems; and