regarding any conduct which the covered individual 
reasonably believes constitutes a violation of any law, 
rule, or regulation relating to rail, public transpor-
tation, or over-the-road-bus security, which the cov-
ered individual reasonably believes constitutes a 
threat to rail, public transportation, or over-the-road- 
bus security, or which the covered individual reason-
ably believes constitutes fraud, waste, or mismanage-
ment of Government funds intended to be used for 
rail, public transportation, or over-the-road-bus secu-
rity, if the information or assistance is provided 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 Gen-
eral Act of 1978 (5 U.S.C. app.; Public Law 95– 
452); 
(B) any Member of Congress, any committee 
of Congress, or the Government Accountability 
Office; or 
(C) a person with supervisory authority 
over the covered individual (or such other person 
who has the authority to investigate, discover, or 
terminate misconduct); 
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(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 person 
in violation of subsection (a) may seek relief under 
subsection (c)— 
(A) for covered individuals who are employ-
ees of the Department or the Department of 
Transportation, by filing a complaint with the 
Merit Systems Protection Board; 
(B) for contractors or subcontractors of the 
Department or Department of Transportation, 
by filing a complaint with their respective In-
spector General; 
(C) for all other covered individuals, by fil-
ing a complaint with the Secretary of Labor; 
and 
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(D) if the Secretary of Labor, Merit System 
Protection Board, or the respective Inspector 
General has not issued a final decision not later 
than 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, Merit System 
Protection Board, or the respective Inspector 
General, whether within the 180-day period or 
thereafter, when, not later than 90 days after 
such an order or decision is issued, bringing an 
original action at law or equity for de novo re-
view in the appropriate district court of the 
United States, which shall have jurisdiction over 
such an action without regard to the amount in 
controversy, and then, at the request of either 
party to such action, be tried by the court with 
a jury. 
(2) PROCEDURE.— 
(A) IN GENERAL.—An action under para-
graph (1) 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 
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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) shall be governed 
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 
later than 1 year after the date on which the vio-
lation 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 in-
dividual whole. 
(2) DAMAGES.—Relief for an action under sub-
section (b)(1) shall include remedies under subpara-
graphs (A) through (C) and if appropriate, may in-
clude subparagraph (D) of such subsection— 
(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; and 
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(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 
(3) POSSIBLE RELIEF.—Relief from an action 
under paragraph (1) 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.—If the Gov-
ernment, in a court of competent jurisdiction, asserts as a 
defense the privilege commonly referred to as the ‘‘state se-
crets privilege’’ then— 
(1) the parties will act expeditiously to settle the 
case and the court shall grant the parties 60 days by 
which to reach settlement of the pending matter to 
avoid disclosure of any sensitive government informa-
tion, including classified or sensitive intelligence in-
formation. The parties may certify to the court that 
settlement cannot be reached before the end of the 60- 
day period; 
(2) if the parties cannot settle the matter and the 
parties continue to litigate the matter, the parties and 
court shall apply special procedures in order to pro-
tect classified or sensitive intelligence information in 
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a manner consistent with sections 1 through 10 of the 
Classified Information and Procedures Act, and shall 
adhere to the Classified Information Procedures Act 
(18 U.S.C. App.; Public Law 96–456; 4 Stat. 2025); 
and 
(3) if, in any action brought under subsection 
(b)(1), the Government asserts the state secrets privi-
lege and the assertion of such privilege either is frivo-
lous, without merit, or is asserted and causes undue 
delay or hardship to the plaintiff, or prevents the 
plaintiff from establishing a prima facie case in sup-
port of the plaintiff’s claim or from rebutting an af-
firmative defense, then 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 who will-
fully violates this section by terminating or retali-
ating against any 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.— 
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(A) IN
GENERAL.—The Attorney General 
shall submit to the appropriate congressional 
committees an annual report on the enforcement 
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) in which the covered individual was 
the prevailing party or the substantially 
prevailing party, indicate whether or not 
any formal charges under paragraph (1) 
have been brought and, if not, the reasons 
therefor. 
(f) NO PREEMPTION.—Nothing in this section pre-
empts or diminishes any other safeguards against discrimi-
nation, demotion, discharge, suspension, threats, harass-
ment, reprimand, retaliation, or any other manner of dis-
crimination provided by Federal or State law. 
(g) 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 bar-
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gaining agreement. The rights and remedies in this section 
may not be waived by any agreement, policy, form, or con-
dition of employment. 
(h) 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 sec-
tion 701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b)) and who is a provider of cov-
ered transportation. 
(2) LAWFUL.—The term ‘‘lawful’’ means not spe-
cifically prohibited by law, except that, in the case of 
any information the disclosure of which is specifically 
prohibited by law or specifically required by Execu-
tive order to be kept classified in the interest of na-
tional defense or the conduct of foreign affairs, any 
disclosure of such information to any Member of Con-
gress, committee of Congress, or other recipient au-
thorized to receive such information, shall be deemed 
lawful. 
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(3) CONTRACTOR.—The term ‘‘contractor’’ means 
a person who has entered into a contract with the De-
partment, 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), (1)(B), or (1)(C) any offi-
cer, 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 Department, 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 Federal 
contractor or a higher tier subcontractor. 
(6) PERSON.—The term ‘‘person’’ means a cor-
poration, partnership, State entity, business associa-
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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 De-
cember 31, 2010, the total number of such positions is at 
least 600. 
(b) QUALIFICATIONS.—Surface transportation security 
inspectors hired by the Secretary shall have at least 1 year 
or equivalent experience in conducting inspections and in-
vestigations and engaging in testing security systems and 
any other qualifications that the Secretary determines ap-
propriate. 
(c) ROLES AND RESPONSIBILITIES.—The Secretary, in 
consultation with the Secretary of Transportation and ap-
propriate State, local, and tribal officials, shall develop a 
standard operating procedure clearly defining the relation-
ship 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 Preparedness 
Consortium that identifies, develops, tests, and delivers 
training to State, local, and tribal emergency response pro-
viders, provides onsite and mobile training at the perform-
ance and management and planning levels, and facilitates 
the delivery of awareness level training by the training 
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 Research 
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 nec-
essary— 
(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 Do-
mestic 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 (referred to 
in this section as ‘‘VIPR’’) teams designed to augment secu-
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rity for any mode of transportation at any location within 
the United States. In forming a VIPR team, the Sec-
retary— 
(1) may use any asset of the Department, includ-
ing Federal air marshals, surface transportation secu-
rity inspectors, canine detection teams, and advanced 
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 deployment 
in coordination with local security and law enforce-
ment officials; and 
(3) prior to deployments, shall consult with local 
security and law enforcement officials in the jurisdic-
tion where the VIPR Team is planned to deploy, to 
develop and agree upon the appropriate operating 
protocols and in order to educate those officials re-
garding 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 professional 
security training, including the training of rail and public 
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transportation employees and rail and public transpor-
tation-related professionals, with emphasis on utilization of 
intelligent transportation systems, technologies, and archi-
tectures. 
(b) CRITERIA.—The Secretary shall designate the Cen-
ter according to the following selection criteria: 
(1) The demonstrated commitment of the institu-
tion 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 the-
oretical research and technical systems analysis. 
(4) Utilization of intelligent transportation sys-
tem technologies and architectures. 
(5) Ability to develop professional security train-
ing programs. 
(6) Capability and willingness to conduct edu-
cation of transportation security professionals. 
(7) Such other criteria as the Secretary may des-
ignate. 
(c) CONSORTIUM.— 
(1) EXPERIENCE.—The Consortium shall include 
universities and institutions of higher education that 
have existing transportation programs. 
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(2) 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 Uni-
versity, an Hispanic Serving Institution, Tribal Uni-
versity, even if the primary institution is one of the 
aforementioned institutions of higher education. 
(3) DEGREE PROGRAM.—Of the universities se-
lected under paragraph (2), at least one shall have an 
established degree and an advanced degree program 
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 fund-
ing as is necessary to the National Transportation Security 
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 
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Act, shall be administered on the basis of risk by the Sec-
retary as the lead Federal official on transportation secu-
rity. 
SEC. 119. THREAT ASSESSMENT SCREENING. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall implement a threat assess-
ment screening program, including name-based checks 
against terrorist watch lists and immigration status check, 
for all employees of covered transportation, that is the same 
as the threat assessment screening program required for fa-
cility employees and longshoremen by the Commandant of 
the Coast Guard under Coast Guard Notice 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 determine 
the status of the alien under the immigration 
laws of the United States. 
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