544 
(A) is currently sponsoring a research and development project 
in a similar area; or 
(B) has a unique facility or capability that would be useful in 
carrying out the project; 
(4) may award grants to, or enter into cooperative agreements, con-
tracts, other transactions, or reimbursable agreements with, the entities 
described in paragraph (2) and eligible grant recipients under section 
40713 of this title; and 
(5) shall make reasonable efforts to enter into memoranda of under-
standing, contracts, grants, cooperative agreements, or other trans-
actions with railroad carriers willing to contribute both physical space 
and other resources. 
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 
(1) CONSULTATION.—In carrying out research and development 
projects under this section, the Secretary shall consult with the Chief 
Privacy Officer of the Department and the Officer for Civil Rights and 
Civil Liberties of the Department as appropriate and under section 
10543 of this title. 
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 
10543 and 11505 of this title, the Chief Privacy Officer shall conduct 
privacy impact assessments, and the Officer for Civil Rights and Civil 
Liberties shall conduct reviews, as appropriate, for research and devel-
opment initiatives developed under this section that the Secretary de-
termines could have an impact on privacy, civil rights, or civil liberties. 
§ 40718. Railroad tank car security testing 
(a) VULNERABILITY ASSESSMENT.— 
(1) LIKELY METHODS AND SUCCESS.—The Secretary shall assess the 
likely methods of a deliberate terrorist attack against a railroad tank 
car used to transport toxic-inhalation-hazard materials, 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 environ-
ment, critical infrastructure, national security, the national economy, or 
public welfare. 
(2) THREATS.—In carrying out paragraph (1), the Secretary shall 
consider the most current threat information as to likely methods of 
a successful terrorist attack on a railroad tank car transporting toxic- 
inhalation-hazard materials, and may consider the following: 
(A) Explosive devices placed along the tracks or attached to a 
railroad tank car. 
(B) The use of missiles, grenades, rockets, mortars, or other 
high-caliber weapons against a railroad tank car. 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00544
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
545 
(3) PHYSICAL
TESTING.—In developing the assessment required 
under paragraph (1), the Secretary shall conduct physical testing of the 
vulnerability of railroad tank cars used to transport toxic-inhalation- 
hazard materials to different methods of a deliberate attack, using 
technical information and criteria to evaluate the structural integrity 
of railroad tank cars. 
(b) DISPERSION MODELING.— 
(1) IN GENERAL.—The Secretary, acting through the National Infra-
structure Simulation and Analysis Center, shall conduct an air disper-
sion modeling analysis of release scenarios of toxic-inhalation-hazard 
materials resulting from a terrorist attack on a loaded railroad tank 
car carrying these materials in urban and rural environments. 
(2) CONSIDERATIONS.—The analysis under this subsection shall take 
into account the following considerations: 
(A) The most likely means of attack and the resulting dispersal 
rate. 
(B) Different times of day, to account for differences in cloud 
coverage and other atmospheric conditions in the environment 
being modeled. 
(C) Differences in population size and density. 
(D) Historically accurate wind speeds, temperatures, and wind 
directions. 
(E) Differences in dispersal rates or other relevant factors re-
lated to whether a railroad tank car is in motion or stationary. 
(F) Emergency response procedures by local officials. 
(G) Other considerations the Secretary believes would develop 
an accurate, plausible dispersion model for toxic-inhalation-hazard 
materials released from a railroad tank car as a result of a ter-
rorist act. 
(3) CONSULTATION.—In conducting the dispersion modeling under 
paragraph (1), the Secretary shall consult with the Secretary of Trans-
portation, hazardous materials experts, railroad carriers, nonprofit em-
ployee labor organizations representing railroad employees, appropriate 
State, local, and tribal officials, and other Federal agencies, as appro-
priate. 
(4) INFORMATION SHARING.—On completion of the analysis required 
under paragraph (1), the Secretary shall share the information devel-
oped with the appropriate stakeholders, given appropriate information 
protection provisions as may be required by the Secretary. 
§ 40719. Security background checks of covered individuals 
(a) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00545
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
546 
(1) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ means 
an employee of a railroad carrier or a contractor or subcontractor of 
a railroad carrier. 
(2) SECURITY
BACKGROUND
CHECK.—The term ‘‘security back-
ground check’’ means for the purpose of identifying individuals who 
may pose a threat to transportation security or national security, or of 
terrorism— 
(A) relevant criminal history databases; 
(B) in the case of an alien (as defined in section 101 of the Im-
migration and Nationality Act (8 U.S.C. 1101), the relevant data-
bases to determine the status of the alien under the immigration 
laws of the United States; and 
(C) other relevant information or databases, as determined by 
the Secretary. 
(b) GUIDANCE.— 
(1) IN
GENERAL.—Guidance, recommendations, suggested action 
items, and other widely disseminated voluntary action items issued by 
the Secretary to a railroad carrier or a contractor or subcontractor of 
a railroad carrier relating to performing a security background check 
of a covered individual shall contain recommendations on the appro-
priate scope and application of a security background check, including 
the time period covered, the types of disqualifying offenses, and a re-
dress process for adversely impacted covered individuals consistent with 
subsections (c) and (d). 
(2) UPDATE OF EXISTING GUIDANCE.—Guidance, recommendations, 
suggested action items, and other widely disseminated voluntary action 
items issued by the Secretary prior to August, 3, 2007, to a railroad 
carrier or a contractor or subcontractor of a railroad carrier relating 
to performing a security background check of a covered individual shall 
be updated in compliance with paragraph (1). 
(3) NECESSARY REDRESS PROCEDURE.—If a railroad carrier or a 
contractor or subcontractor of a railroad carrier performs a security 
background check on a covered individual to fulfill guidance issued by 
the Secretary under paragraph (1) or (2), the Secretary shall not con-
sider the guidance fulfilled unless an adequate redress process as de-
scribed in subsection (d) is provided to covered individuals. 
(c) REQUIREMENTS.—If the Secretary issues a rule, regulation, or direc-
tive requiring a railroad carrier or contractor or subcontractor of a railroad 
carrier to perform a security background check of a covered individual, the 
Secretary shall prohibit the railroad carrier or contractor or subcontractor 
of a railroad carrier from making an adverse employment decision, including 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00546
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS
547 
removal or suspension of the covered individual, due to the rule, regulation, 
or directive with respect to a covered individual unless the railroad carrier 
or contractor or subcontractor of a railroad carrier determines that the cov-
ered individual— 
(1) has been convicted of, has been found not guilty by reason of 
insanity, or is under want, warrant, or indictment for a permanent dis-
qualifying criminal offense listed in part 1572 of title 49, Code of Fed-
eral Regulations; 
(2) was convicted of or found not guilty by reason of insanity of an 
interim disqualifying criminal offense listed in part 1572 of title 49, 
Code of Federal Regulations, within 7 years of the date that the rail-
road carrier or contractor or subcontractor of a railroad carrier per-
forms the security background check; or 
(3) was incarcerated for an interim disqualifying criminal offense 
listed in part 1572 of title 49, Code of Federal Regulations, and re-
leased from incarceration within 5 years of the date that the railroad 
carrier or contractor or subcontractor of a railroad carrier performs the 
security background check. 
(d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or di-
rective requiring a railroad carrier or contractor or subcontractor of a rail-
road carrier to perform a security background check of a covered individual, 
the Secretary shall— 
(1) provide an adequate redress process for a covered individual sub-
jected to an adverse employment decision, including removal or suspen-
sion of the employee, due to the rule, regulation, or directive that is 
consistent with the appeals and waiver process established for appli-
cants for commercial motor vehicle hazardous materials endorsements 
and transportation employees at ports, as required by section 70105(c) 
of title 46; and 
(2) have the authority to order an appropriate remedy, including re-
instatement of the covered individual, should the Secretary determine 
that a railroad carrier or contractor or subcontractor of a railroad car-
rier wrongfully made an adverse employment decision regarding a cov-
ered individual pursuant to the rule, regulation, or directive. 
(e) FALSE STATEMENTS.—A railroad carrier or a contractor or subcon-
tractor of a railroad carrier may not knowingly misrepresent to an employee 
or other relevant person, including an arbiter involved in a labor arbitration, 
the scope, application, or meaning of rules, regulations, directives, or guid-
ance issued by the Secretary related to security background check require-
ments for covered individuals when conducting a security background check. 
The Secretary shall issue a regulation that prohibits a railroad carrier or 
VerDate Sep 11 2014 
18:05 Jun 12, 2018
Jkt 079200
PO 00000
Frm 00547
Fmt 6652
Sfmt 6221
E:\BILLS\H6063.IH
H6063
pamtmann on DSKBFK8HB2PROD with BILLS