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 backpay, with inter-
est; 
(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 
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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.— 
(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)(B) in which the covered individual 
was the prevailing party or the substan-
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tially prevailing party, indicate whether or 
not any formal charges under paragraph 
(1) have been brought and, if not, the rea-
sons therefor. 
(f) RIGHTS RETAINED BY COVERED INDIVIDUAL.— 
Nothing in this section shall be deemed to diminish the 
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.—In this section, the following defi-
nitions 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 
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specifically prohibited by law or specifically required 
by Executive order to be kept secret in the interest 
of national defense or the conduct of foreign affairs, 
any disclosure of such information to any Member of 
Congress, committee of Congress, or other recipient 
authorized to receive such information, 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)(A) or (1)(B), 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 
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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. 15. 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 500. 
(b) QUALIFICATIONS.—Surface transportation secu-
rity inspectors hired by the Secretary shall have at least 
5 years experience in transportation security. 
(c) ROLES AND RESPONSIBILITIES.—The Secretary, 
in coordination with the Secretary of Transportation, shall 
develop a standard operating procedure clearly defining 
the relationship between— 
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(1) surface transportation security inspectors of 
the Department; 
(2) safety and security inspectors of the De-
partment of Transportation; 
(3) State and local law enforcement officers; 
and 
(4) other law enforcement personnel, including 
railroad and transit 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. 16. 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; 
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(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. 
SEC. 17. 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. 18. PENALTIES. 
(a) REGULATIONS AND ORDERS OF THE SECRETARY 
OF HOMELAND SECURITY UNDER TITLE 49, UNITED 
STATES CODE.—Section 114 of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(u) CIVIL PENALTIES AND ENFORCEMENT OF REG-
ULATIONS AND ORDERS OF THE SECRETARY OF HOME-
LAND SECURITY.— 
‘‘(1) APPLICATION.—This subsection applies to 
the enforcement of regulations prescribed, and or-
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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. 
‘‘(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 shall give written no-
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tice of the finding of a violation and the pen-
alty. 
‘‘(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. 
‘‘(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 
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‘‘(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— 
‘‘(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
FOR 
HEARING.—Before imposing a penalty under 
this section the Secretary shall provide to the 
person against whom the penalty is to be im-
posed— 
‘‘(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.— 
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