[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1269 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1269

 To improve the security of railroad, public transportation, and over-
   the-road bus systems in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 1, 2007

   Mr. Oberstar (for himself, Ms. Corrine Brown of Florida, and Mr. 
   DeFazio) introduced the following bill; which was referred to the 
  Committee on Homeland Security, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To improve the security of railroad, public transportation, and over-
   the-road bus systems in the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Rail and Public 
Transportation Security Act of 2007''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. National strategy for rail and public transportation security.
Sec. 4. Assignment of providers of covered transportation to risk-based 
                            tiers.
Sec. 5. Rail and public transportation assessments and plans.
Sec. 6. Strategic information sharing plan.
Sec. 7. Rail security assistance.
Sec. 8. Public transportation security assistance.
Sec. 9. Over-the-road bus security assistance.
Sec. 10. Fire and life safety improvements.
Sec. 11. Security training program.
Sec. 12. Security exercises.
Sec. 13. Security research and development.
Sec. 14. Whistleblower protections.
Sec. 15. Increase in surface transportation security inspectors.
Sec. 16. National domestic preparedness consortium.
Sec. 17. TSA personnel limitations.
Sec. 18. Penalties.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' has the meaning that 
        term has in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101) and includes the Committees on Homeland Security 
        and Transportation and Infrastructure of the House of 
        Representatives and the Committees on Homeland Security and 
        Governmental Affairs and Commerce, Science, and Transportation 
        of the Senate.
            (2) Appropriate stakeholders.--The term ``appropriate 
        stakeholders'' means--
                    (A) providers of covered transportation;
                    (B) organizations representing providers of covered 
                transportation;
                    (C) nonprofit employee labor organizations 
                representing one or more of the following: railroad 
                workers, public transportation workers, and over-the-
                road bus workers;
                    (D) shippers of hazardous materials;
                    (E) manufacturers of rail and transit cars;
                    (F) State departments of transportation;
                    (G) public safety officials;
                    (H) law enforcement and fire service officials; and
                    (I) other relevant persons.
            (3) Covered transportation.--The term ``covered 
        transportation'' means transportation provided by a railroad 
        carrier, public transportation, and transportation provided by 
        an over-the-road bus.
            (4) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (5) Designated recipient.--The term ``designated 
        recipient'' has the meaning that term has in section 5307(a) of 
        title 49, United States Code.
            (6) Provider of covered transportation.--The term 
        ``provider of covered transportation'' means--
                    (A) with respect to transportation provided by a 
                railroad carrier, the railroad carrier;
                    (B) with respect to public transportation, the 
                designated recipient; and
                    (C) with respect to transportation provided by an 
                over-the-road bus, the private operator providing the 
                transportation.
            (7) Over-the-road bus.--The term ``over-the-road bus'' 
        means a bus characterized by an elevated passenger deck located 
        over a baggage compartment.
            (8) Public transportation.--The term ``public 
        transportation'' has the meaning that term has in section 
        5302(a) of title 49, United States Code.
            (9) Railroad.--The term ``railroad'' has the meaning that 
        term has in section 20102 of title 49, United States Code.
            (10) Railroad carrier.--The term ``railroad carrier'' has 
        the meaning that term has in section 20102 of title 49, United 
        States Code.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (12) State.--The term ``State'' means any one of the 50 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, and American Samoa.
            (13) Terrorism.--The term ``terrorism'' has the meaning 
        that term has in section 2 of the Homeland Security Act of 2002 
        (6 U.S.C. 101).
            (14) Transportation.--The term ``transportation'', as used 
        with respect to an over-the-road-bus, means the movement of 
        passengers or property by the over-the-road-bus--
                    (A) in the jurisdiction of the United States 
                between a place in a State and a place outside the 
                State (including a place outside the United States); or
                    (B) in a State that affects trade, traffic, and 
                transportation described in subparagraph (A).
            (15) United states.--The term ``United States'' means the 
        50 States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory or possession of the United States.

SEC. 3. NATIONAL STRATEGY FOR RAIL AND PUBLIC TRANSPORTATION SECURITY.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary, in coordination with the Secretary of Transportation, 
shall develop and implement the modal plan for covered transportation 
as required by section 114(t)(1)(B) of title 49, United States Code. 
The modal plan shall be entitled the ``National Strategy for Rail and 
Public Transportation Security'' and shall include, at a minimum--
            (1) a description of the roles, responsibilities, and 
        authorities of Federal, State, and local agencies, government 
        sponsored entities, tribal governments, and appropriate 
        stakeholders under the plan;
            (2) identification of, and a plan to address, gaps and 
        unnecessary overlaps in the roles, responsibilities, and 
        authorities described in paragraph (1);
            (3) a methodology for how the Department will work with the 
        entities described in paragraph (1), and make use of existing 
        Federal expertise within the Department, the Department of 
        Transportation, and other appropriate agencies;
            (4) a process for expediting security clearances to 
        facilitate intelligence and information sharing with the 
        entities described in paragraph (1);
            (5) a description of--
                    (A) how the Department and the Department of 
                Transportation have reviewed terrorist attacks on 
                covered transportation throughout the world in the last 
                25 years;
                    (B) the lessons learned from those reviews; and
                    (C) how those lessons are being used in current and 
                future efforts to secure covered transportation;
            (6) a strategy and timeline for the Department, the 
        Department of Transportation, and other appropriate Federal 
        agencies to research and develop new technologies for securing 
        covered transportation;
            (7) measurable goals, including objectives, mechanisms, and 
        a schedule for enhancing the security of covered 
        transportation;
            (8) a framework for resuming the operation of covered 
        transportation in the event of an act of terrorism and 
        prioritizing resumption of such operations;
            (9) a description of current and future public outreach and 
        educational initiatives designed to inform the public on how to 
        prevent, prepare for, and respond to a terrorist attack on 
        covered transportation; and
            (10) a process for coordinating covered transportation 
        security strategies and plans, including--
                    (A) the National Infrastructure Protection Plan 
                required by Homeland Security Presidential Directive 7;
                    (B) the Executive Order entitled ``Strengthening 
                Surface Transportation Security'', dated December 5, 
                2006;
                    (C) the Memorandum of Understanding between the 
                Department and the Department of Transportation on 
                Roles and Responsibilities dated September 28, 2004;
                    (D) the annex to such memorandum of understanding 
                concerning railroad security dated September 28, 2006; 
                and
                    (E) the annex executed under section 3028(b) of the 
                Safe, Accountable, Flexible, and Efficient 
                Transportation Equity Act: A Legacy for Users (49 
                U.S.C. 5321 note; 119 Stat. 1624).

SEC. 4. ASSIGNMENT OF PROVIDERS OF COVERED TRANSPORTATION TO RISK-BASED 
              TIERS.

    (a) Assignment.--The Secretary shall assign each provider of 
covered transportation to one of three risk-based tiers established by 
the Secretary.
    (b) Provision of Information.--The Secretary may request, and the 
provider of covered transportation shall provide, information necessary 
for the Secretary to assign a provider of covered transportation to the 
appropriate tier under subsection (a).
    (c) Notification.--Not later than 60 days after the date a provider 
of covered transportation is assigned to a tier under this section, the 
Secretary shall notify the provider of the tier to which the provider 
is assigned and the reasons for such assignment.
    (d) High- and Medium-Risk Tiers.--At least 2 of the tiers 
established by the Secretary under this section shall be tiers 
designated for high- and medium-risk providers of covered 
transportation.

SEC. 5. RAIL AND PUBLIC TRANSPORTATION ASSESSMENTS AND PLANS.

    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Secretary, in coordination with the 
Secretary of Transportation, shall issue regulations that--
            (1) require each provider of covered transportation 
        assigned to a high- or medium-risk tier under section 4--
                    (A) to conduct a vulnerability assessment in 
                accordance with subsections (b) and (c); and
                    (B) to prepare and implement a security plan in 
                accordance with this section that addresses the 
                vulnerabilities identified under subsection (c);
            (2) establish standards, protocols, and procedures for 
        vulnerability assessments under subsection (c) and security 
        plans under subsection (d) and for developing and implementing 
        such security plans; and
            (3) implement a security program for providers of covered 
        transportation not assigned to a high- or medium-risk tier 
        under section 4, including a process for such providers to 
        conduct vulnerability assessments and prepare and implement 
        security plans, as determined appropriate by the Secretary.
    (b) Deadline for Submission.--Not later than 6 months after the 
date of issuance of the regulations under subsection (a), the 
vulnerability assessments and security plans required by such 
regulations or allowed by such regulations shall be completed and 
submitted to the Secretary for review and approval.
    (c) Vulnerability Assessments.--
            (1) Requirements.--The Secretary, in coordination with the 
        Secretary of Transportation, shall provide technical assistance 
        and guidance to providers of covered transportation in 
        conducting vulnerability assessments under this section and 
        shall require that each vulnerability assessment of a provider 
        of covered transportation assigned to a high- or medium-risk 
        tier under section 4 include, at a minimum--
                    (A) identification and evaluation of critical 
                covered transportation assets and infrastructures of 
                the provider, including platforms, stations, bus and 
                intermodal terminals, tunnels, bridges, switching and 
                storage areas, and information systems;
                    (B) identification of the threats to those assets 
                and infrastructures;
                    (C) identification of the security weaknesses of 
                the covered transportation in--
                            (i) physical security;
                            (ii) passenger and cargo security;
                            (iii) programmable electronic devices, 
                        computers, or other automated systems which are 
                        used in providing the transportation;
                            (iv) alarms, cameras, and other protection 
                        systems;
                            (v) communications systems, including 
                        dispatching services and mobile service 
                        equipment systems, to provide access to 
                        emergency services in underground fixed 
                        guideway systems;
                            (vi) utilities;
                            (vii) emergency response planning;
                            (viii) employee training; and
                            (ix) such other matters as the Secretary 
                        determines appropriate; and
                    (D) identification of redundant and backup systems 
                required to ensure the continued operations of critical 
                elements of the covered transportation in the event of 
                an attack or other incident, including disruption of 
                commercial electric power or communications network.
            (2) Threat information.--
                    (A) Incorporation.--A provider of covered 
                transportation conducting a vulnerability assessment 
                under this section shall incorporate in the assessment 
                any threat information provided by the Secretary.
                    (B) Provided by secretary.--The Secretary shall 
                provide, in a timely manner to the maximum extent 
                practicable under applicable authority and in the 
                interest of national security, to the provider of the 
                covered transportation threat information that is 
                relevant to the provider, including an assessment of 
                the most likely method that could be used by terrorists 
                to exploit weaknesses in the covered transportation 
                security and the likelihood of success by such 
                terrorists.
    (d) Security Plans.--
            (1) Requirements.--The Secretary, in coordination with the 
        Secretary of Transportation, shall provide technical assistance 
        and guidance to providers of covered transportation in 
        preparing and implementing security plans under this section 
        and shall require that each security plan of each provider of 
        covered transportation assigned to a high- or medium-risk tier 
        under section 4 include, at a minimum--
                    (A) identification of a security coordinator having 
                authority to implement security actions under the plan 
                to--
                            (i) coordinate security improvements 
                        described in sections 7, 8, and 9; and
                            (ii) require immediate communications from 
                        appropriate Federal officials regarding covered 
                        transportation security;
                    (B) security measures to address the weaknesses of 
                covered transportation identified under subsection (c);
                    (C) plans for periodic exercises under section 12 
                that include participation by local law enforcement 
                agencies and emergency responders as appropriate;
                    (D) a list of needed capital and operational 
                covered transportation security improvements described 
                in sections 7, 8, and 9;
                    (E) procedures to be implemented or used by the 
                provider in response to a terrorist attack, including 
                evacuation and passenger communication plans;
                    (F) identification of steps taken with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials to coordinate security measures 
                and plans for response to a terrorist attack;
                    (G) a strategy and timeline for conducting training 
                under section 11, including recurrent training and 
                periodic unannounced exercises for employees of the 
                provider to be carried out under the plan to prevent, 
                prepare for, or respond to a terrorist attack;
                    (H) enhanced security measures to be taken by the 
                provider when the Secretary declares a period of 
                heightened security risk;
                    (I) plans for redundant and backup systems required 
                to ensure the continued operation of critical covered 
                transportation elements of the provider in the event of 
                a terrorist attack or other incident;
                    (J) plans for locating, including by electronic 
                devices, railroad cars transporting hazardous materials 
                so that, if the assets are lost or stolen, the provider 
                may locate, track, and recover the assets; and
                    (K) such other actions or procedures as the 
                Secretary determines are appropriate to address the 
                covered transportation security of the provider to a 
                terrorist attack.
            (2) Consistency with other plans.--The Secretary shall 
        ensure that each security plan under this section is consistent 
        with the requirements of the National Strategy for Rail and 
        Public Transportation Security described in section 3.
    (e) Deadline for Review Process.--Not later than 12 months after 
the date of the issuance of the regulations under subsection (a), the 
Secretary shall--
            (1) review each vulnerability assessment and security plan 
        submitted to the Secretary in accordance with subsection (b);
            (2) require amendments to any security plan that does not 
        meet the requirements of this section, including the 
        regulations issued under subsection (a);
            (3) approve any vulnerability assessment or security plan 
        that meets the requirements of this section, including such 
        regulations; and
            (4) review each security plan periodically thereafter.
    (f) Interim Security Measures.--The Secretary shall require, during 
the period before the deadline established under subsection (b), each 
provider of covered transportation to implement any necessary interim 
security measures to deter, mitigate, and respond to, to the maximum 
extent practicable, a transportation security incident with respect to 
the provider of covered transportation or a substantive threat of such 
an incident until the security plan of the provider is approved.
    (g) Nondisclosure of Information.--
            (1) In general.--Notwithstanding any other provision of 
        law, information developed under this section is not required 
        to be disclosed to the public. Such information includes 
        vulnerability assessments and security plans of providers of 
        covered transportation.
            (2) Other obligations unaffected.--Nothing in this section 
        shall affect any obligation of a provider of covered 
        transportation to submit or make available information to 
        covered transportation employees, nonprofit employee labor 
        organizations, or a Federal, State, or local government agency 
        under, or otherwise to comply with, any other law.
            (3) Submission of information to congress.--Nothing in this 
        section shall be construed as authorizing the withholding of 
        any information from Congress.
            (4) Disclosure of independently furnished information.--
        Nothing in this section shall be construed as affecting any 
        authority or obligation of a Federal agency to disclose any 
        record or information that the Federal agency obtains from a 
        provider of covered transportation under any other law.
    (h) Penalties.--
            (1) Administrative penalties.--
                    (A) In general.--The Secretary may impose an 
                administrative penalty of not more than $75,000 for 
                failure to comply with this section, including 
                regulations issued under subsection (a).
                    (B) Notice and opportunity to request hearing.--
                Before imposing a penalty under subparagraph (A), 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.
                    (C) Regulations.--The Secretary may issue 
                regulations establishing the procedures for 
                administrative hearings and appropriate review of 
                penalties imposed under this paragraph, including 
                deadlines.
            (2) Civil penalties.--
                    (A) In general.--The Secretary may bring an action 
                in a United States district court against any provider 
                of covered transportation that violates or fails to 
                comply with this section, including regulations issued 
                under subsection (a), or a security plan approved by 
                the Secretary under this section.
                    (B) Relief.--In any action under subparagraph (A), 
                a court may issue an order for injunctive relief and 
                may impose a civil penalty of not more than $50,000 for 
                each day on which a violation occurs or a failure to 
                comply continues.
            (3) Criminal penalties.--A provider of covered 
        transportation who violates this section, including regulations 
        issued under subsection (a), shall be fined not more than 
        $50,000 for each day of such violation, imprisoned for not more 
        than 2 years, or both.
    (i) Existing Procedures, Protocols and Standards.--
            (1) Determination.--In response to a petition by a provider 
        of covered transportation or at the discretion of the 
        Secretary, the Secretary may recognize existing procedures, 
        protocols, and standards of a provider of covered 
        transportation that the Secretary determines to meet all or 
        part of the requirements of this section, including regulations 
        issued under subsection (a), regarding vulnerability 
        assessments and security plans.
            (2) Election.--Upon review and written determination by the 
        Secretary that existing procedures, protocols, or standards of 
        a provider of covered transportation satisfy all of the 
        requirements of this section, including regulations issued 
        under subsection (a), the provider may elect to comply with 
        those procedures, protocols, or standards instead of the 
        requirements of this section.
            (3) Partial approval.--If the Secretary determines that the 
        existing procedures, protocols, or standards of a provider of 
        covered transportation satisfy only part of the requirements of 
        this section, including regulations issued under subsection 
        (a), the Secretary may accept those submissions, but shall 
        require submission by the provider of any additional 
        information relevant to vulnerability assessments and security 
        plans of the provider to ensure that the remaining requirements 
        of this section are fulfilled.
            (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards of a 
        provider of covered transportation under this subsection do not 
        satisfy the requirements of this section, including regulations 
        issued under subsection (a), the Secretary shall notify the 
        provider, in writing, of the determination and an explanation 
        of the reasons for the determination.
            (5) Review.--Nothing in this subsection shall relieve the 
        Secretary of the obligation--
                    (A) to review the vulnerability assessment and 
                security plan submitted by a provider of covered 
                transportation under this section; and
                    (B) to approve or disapprove each submission on an 
                individual basis.
    (j) Periodic Review.--Not later than 3 years after the date of 
approval of a vulnerability assessment and security plan of a provider 
of covered transportation under this section, and not less often than 
every 5 years thereafter, the provider--
            (1) shall review the adequacy of the vulnerability 
        assessment and security plan; and
            (2) shall submit for approval to the Secretary, at such 
        time and in such form as the Secretary may require, the results 
        of the review, including a description of any changes to the 
        vulnerability assessment or security plan, or both.
    (k) Shared Facilities.--The Secretary may permit under this section 
the development and implementation of coordinated vulnerability 
assessments and security plans to the extent 2 or more providers of 
covered transportation have shared facilities (such as tunnels, 
bridges, or stations, or facilities) that are geographically close or 
otherwise co-located.

SEC. 6. STRATEGIC INFORMATION SHARING PLAN.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall develop and submit to the appropriate 
congressional committees a railroad, public transportation, and over-
the-road bus strategic information sharing plan to ensure the 
development of both tactical and strategic intelligence products 
pertaining to the threats and vulnerabilities to covered transportation 
for dissemination to Federal, State, and local agencies, tribal 
governments, and appropriate stakeholders.
    (b) Content of Plan.--The plan submitted under subsection (a) shall 
include--
            (1) a description of how intelligence analysts in the 
        Transportation Security Administration are coordinating with 
        other intelligence analysts in the Department and other 
        Federal, State, and local agencies;
            (2) reasonable deadlines for the completion of any 
        organizational changes within the Department to accommodate 
        implementation of the plan; and
            (3) a description of resource needs for fulfilling the 
        plan.
    (c) Updates.--
            (1) Certification of implementation.--After the plan is 
        submitted under subsection (a), the Secretary shall certify to 
        the appropriate congressional committees when the plan has been 
        implemented.
            (2) Annual reports.--After the Secretary provides the 
        certification under paragraph (1), the Secretary shall provide 
        a report to the appropriate congressional committees each year 
        thereafter on the following:
                    (A) The number and brief description of each 
                railroad, public transportation, and over-the-road bus 
                intelligence report created and disseminated under the 
                plan.
                    (B) The classification of each report as tactical 
                or strategic.
                    (C) The numbers of different government, law 
                enforcement, and public or private sector partners who 
                were provided with each intelligence product.
    (d) Annual Surveys.--The Secretary shall conduct an annual survey 
of the satisfaction of each of the recipients of railroad, public 
transportation, and over-the-road bus intelligence reports created and 
disseminated under the plan and include the results of the survey as 
part of the corresponding annual report provided under subsection 
(c)(2).
    (e) Security Clearances.--The Department shall ensure that the 
appropriate Federal, State, regional, local, and tribal authorities, in 
addition to appropriate stakeholders, have the security clearances 
needed to receive classified covered transportation security 
information as necessary if this information cannot be disseminated in 
an unclassified format.
    (f) Classification of Material.--To the greatest extent possible, 
the Department shall provide appropriate stakeholders with information 
in an unclassified format.

SEC. 7. RAIL SECURITY ASSISTANCE.

    (a) Establishment of Program.--The Secretary, in coordination with 
the Secretary of Transportation, shall establish a program for the 
Secretary of Transportation to make grants under this section.
    (b) Security Assistance.--The Secretary of Transportation, in 
coordination with the Secretary, shall make, in accordance with the 
priorities established under subsection (e), grants to eligible 
railroad carriers for security improvements described in subsection 
(c).
    (c) Uses of Funds.--A recipient of a grant under subsection (a) may 
use the grant funds for one or more of the following:
            (1) Perimeter protection systems, including access control, 
        installation of improved lighting, fencing, and barricades at 
        railroad facilities.
            (2) Technologies for reduction of rail car vulnerability.
            (3) Security improvements to passenger railroad stations 
        and other railroad transportation infrastructure.
            (4) Tunnel protection systems.
            (5) Evacuation improvements.
            (6) Inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs.
            (7) Communications equipment, including equipment that is 
        interoperable with Federal, State, and local agencies and 
        tribal governments.
            (8) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.
            (9) Surveillance equipment.
            (10) Cargo or passenger screening equipment.
            (11) Emergency response equipment, including fire 
        suppression and decontamination equipment, personal protective 
        equipment, and defibrillators.
            (12) Global positioning or electronic tracking equipment.
            (13) Redundant critical operations control systems.
            (14) Public awareness campaigns for enhanced railroad 
        security.
            (15) Security awareness, preparedness, and response 
        training for railroad employees, including training under 
        section 11.
            (16) Live or simulated exercises described in section 12.
            (17) Overtime reimbursement for additional security 
        personnel during significant national and international public 
        events.
            (18) Such other security improvements as the Secretary, in 
        coordination with the Secretary of Transportation, considers 
        appropriate.
    (d) Eligibility.--A railroad carrier is eligible for a grant under 
this section if the carrier has developed a security plan that the 
Secretary has approved under section 5.
    (e) Security Improvement Priorities.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of Transportation, shall establish security 
        improvement priorities for each railroad carrier that conducts 
        or updates a vulnerability assessment under section 5.
            (2) Consultation; prioritized list.--The Secretary shall 
        establish priorities under paragraph (1) for a railroad 
        carrier--
                    (A) in consultation with the management and 
                employee representatives of the carrier; and
                    (B) in a manner that is consistent with the 
                carrier's list of needed security improvements 
                described in section 5(d)(1).
    (f) Federal Share.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), a grant for a project under this section shall be for 80 
        percent of the net cost of the project.
            (2) Small project exception.--If a grant under this section 
        is for a project with a net cost of $25,000 or less, the 
        Federal share for the grant shall be for 100 percent of such 
        cost.
            (3) National security exception.--If the Secretary 
        determines, upon written notice to the appropriate 
        congressional committees, that a higher Federal share for a 
        grant under this section is necessary to respond to an urgent 
        threat to national security, the Secretary may increase the 
        Federal share for the grant to up to 100 percent of the net 
        cost of the project.
    (g) Subject to Certain Standards.--The Secretary and the Secretary 
of Transportation shall require a recipient of a grant under this 
section and section 10 to comply with the standards of section 24312 of 
title 49, United States Code, as in effect on January 1, 2007, with 
respect to the grant in the same manner as the National Railroad 
Passenger Corporation is required to comply with such standards for 
construction work financed under an agreement made under section 
24308(a) of that title.
    (h) Limitation on Uses of Funds.--A grant made under this section 
may not be used to--
            (1) supplant State or local funds for activities described 
        in subsection (c); and
            (2) make any State or local government cost-sharing 
        contribution under any other law.
    (i) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary and the Secretary of 
Transportation on the use of grant funds.
    (j) Authorization of Appropriations.--
            (1) Security assistance.--There is authorized to be 
        appropriated to the Secretary $600,000,000 for each of fiscal 
        years 2008 through 2011 to make grants under this section.
            (2) Transfer of funds.--Not later than 5 days after the 
        date on which funds are appropriated to carry out this section 
        for a fiscal year, the Secretary shall transfer such funds to 
        the Secretary of Transportation to make grants under this 
        section.
            (3) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 8. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

    (a) Establishment of Program.--The Secretary, in coordination with 
the Secretary of Transportation, shall establish a program for the 
Secretary of Transportation to make grants under this section.
    (b) Security Assistance.--The Secretary of Transportation, in 
coordination with the Secretary, shall make, in accordance with the 
priorities established under subsection (e), grants to eligible 
designated recipients for security improvements described in subsection 
(c).
    (c) Uses of Funds.--A recipient of a grant under subsection (a) may 
use the grant funds for one or more of the following:
            (1) Perimeter protection systems, including access control, 
        installation improved lighting, fencing, and barricades.
            (2) Security improvements to stations and other public 
        transportation infrastructure.
            (3) Tunnel protection systems.
            (4) Evacuation improvements.
            (5) Inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs.
            (6) Communications equipment, including mobile service 
        equipment to provide access to emergency services in an 
        underground fixed guideway system.
            (7) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.
            (8) Surveillance equipment.
            (9) Emergency response equipment, including fire 
        suppression and decontamination equipment, personal protective 
        equipment, and defibrillators.
            (10) Global positioning or electronic tracking equipment.
            (11) Redundant critical operations control systems.
            (12) Public awareness campaigns for enhanced public 
        transportation security.
            (13) Security awareness, preparedness, and response 
        training for public transportation employees, including 
        training under section 11.
            (14) Live or simulated exercises described in section 12.
            (15) Overtime reimbursement for additional security 
        personnel during significant national and international public 
        events.
            (16) Such other security improvements as the Secretary, in 
        coordination with the Secretary of Transportation, considers 
        appropriate.
    (d) Eligibility.--A designated recipient is eligible for a grant 
under this section if the designated recipient has developed a security 
plan that the Secretary has approved under section 5.
    (e) Security Improvement Priorities.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of Transportation, shall establish security 
        improvement priorities for each designated recipient that 
        conducts or updates a vulnerability assessment described in 
        section 5.
            (2) Consultation; prioritized plan.--The Secretary shall 
        establish priorities under paragraph (1) for a designated 
        recipient--
                    (A) in consultation with the management and 
                employee representatives of the designated recipient; 
                and
                    (B) in a manner that is consistent with the list of 
                needed security improvements described in section 
                5(d)(1).
    (f) Federal Share.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), a grant for a project under this section shall be for 80 
        percent of the net cost of the project.
            (2) Small project exception.--If a grant under this section 
        is for a project with a net cost of $25,000 or less, the 
        Federal share for the grant shall be for 100 percent of such 
        cost.
            (3) National security exception.--If the Secretary 
        determines, upon written notice to the appropriate 
        congressional committees, that a higher Federal share for a 
        grant under this section is necessary to respond to an urgent 
        threat to national security, the Secretary may increase the 
        Federal share for the grant to up to 100 percent of the net 
        cost of the project.
    (g) Subject to Certain Terms and Conditions.--Except as otherwise 
specifically provided in this section, a grant provided under this 
section shall be subject to the terms and conditions applicable to a 
grant made under section 5307 of title 49, United States Code, and such 
other terms and conditions as are determined necessary by the Secretary 
or the Secretary of Transportation.
    (h) Limitation on Uses of Funds.--Grants made under this section 
may not be used to--
            (1) supplant State or local funds for activities described 
        in subsection (c); and
            (2) make any State or local government cost-sharing 
        contribution under any other law.
    (i) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary and the Secretary of 
Transportation on the use of the grant funds.
    (j) Authorization of Appropriations.--
            (1) Security assistance.--There are authorized to be 
        appropriated to the Secretary to make grants under this 
        section--
                    (A) $775,000,000 for fiscal year 2008;
                    (B) $825,000,000 for fiscal year 2009;
                    (C) $880,000,000 for fiscal year 2010; and
                    (D) $880,000,000 for fiscal year 2011.
            (2) Transfer of funds.--Not later than 5 days after the 
        date on which funds are appropriated to carry out this section 
        for a fiscal year, the Secretary shall transfer such funds to 
        the Secretary of Transportation to make grants under this 
        section.
            (3) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 9. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) Establishment of Program.--The Secretary, in coordination with 
the Secretary of Transportation, shall establish a program for the 
Secretary of Transportation to make grants under this section.
    (b) Security Assistance.--The Secretary of Transportation, in 
coordination with the Secretary, shall make, in accordance with the 
priorities established under subsection (e), grants to eligible private 
operators providing transportation by over-the-road bus for security 
improvements described in subsection (c).
    (c) Uses of Funds.--A recipient of a grant received under 
subsection (a) may use the grant funds for one or more of the 
following:
            (1) Constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their security.
            (2) Protecting or isolating the driver of an over-the-road 
        bus.
            (3) Acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for collection, 
        storage, or exchange of passenger and driver information 
        through ticketing systems or otherwise and for information 
        links with government agencies.
            (4) Installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities.
            (5) Establishing and improving an emergency communications 
        system linking drivers and over-the-road buses to the 
        recipient's operations center or linking the operations center 
        to law enforcement and emergency personnel.
            (6) Implementing and operating passenger screening programs 
        for weapons and explosives.
            (7) Chemical, biological, radiological, or explosives 
        detection, including canine patrols for such detection.
            (8) Public awareness campaigns for enhanced over-the-road 
        bus security.
            (9) Security awareness, preparedness, and response training 
        for over-the-road bus employees, including training under 
        section 11.
            (10) Live or simulated exercises described in section 12.
            (11) Overtime reimbursement for additional security 
        personnel during significant national and international public 
        events.
            (12) Such other security improvements as the Secretary, in 
        coordination with the Secretary of Transportation, considers 
        appropriate.
    (d) Eligibility.--A private operator providing transportation by an 
over-the-road bus is eligible for a grant under this section if the 
operator has developed a security plan that the Secretary has approved 
under section 5.
    (e) Security Improvement Priorities.--
            (1) In general.--The Secretary, in coordination with the 
        Secretary of Transportation, shall establish security 
        improvement priorities for each private operator providing 
        transportation by an over-the-road bus that conducts or updates 
        a vulnerability assessment under section 5.
            (2) Consultation.--In carrying out this subsection, the 
        Secretary and the Secretary of Transportation shall consult 
        with over-the-road bus management and labor representatives, 
        public safety and law enforcement officials, and the National 
        Academy of Sciences.
    (f) Federal Share.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), a grant for a project under this section shall be for 80 
        percent of the net cost of the project.
            (2) Small project exception.--If a grant under this section 
        is for a project with a net cost of $25,000 or less, the 
        Federal share for the grant shall be for 100 percent of such 
        cost.
            (3) National security exception.--If the Secretary 
        determines, upon written notice to the appropriate 
        congressional committees, that a higher Federal share for a 
        grant under this section is necessary to respond to an urgent 
        threat to national security, the Secretary may increase the 
        Federal share for the grant to up to 100 percent of the net 
        cost of the project.
    (g) Terms and Conditions.--Except as otherwise specifically 
provided in this section, a grant made under this section shall be 
subject to the terms and conditions applicable to subrecipients who 
provide intercity bus transportation under section 5311(f) of title 49, 
United States Code, and such other terms and conditions as are 
determined necessary by the Secretary or the Secretary of 
Transportation.
    (h) Limitation on Uses of Funds.--A grant made under this section 
may not be used to--
            (1) supplant State or local funds for activities described 
        in subsection (c); and
            (2) make any State or local government cost-sharing 
        contribution under any other law.
    (i) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary and the Secretary of 
Transportation on the use of such grant funds.
    (j) Authorization.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary make grants under this section--
                    (A) $12,000,000 for fiscal year 2008;
                    (B) $25,000,000 for fiscal year 2009;
                    (C) $25,000,000 for fiscal year 2010; and
                    (D) $25,000,000 for fiscal year 2011.
            (2) Transfer of funds.--Not later than 5 days after the 
        date on which funds are appropriated to carry out this section 
        for a fiscal year, the Secretary shall transfer such funds to 
        the Secretary of Transportation to make grants under this 
        section.
            (3) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 10. FIRE AND LIFE SAFETY IMPROVEMENTS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for making grants to 
the National Railroad Passenger Corporation (in this section referred 
to as ``Amtrak'') for the purpose of carrying out projects to make fire 
and life safety improvements to Amtrak tunnels on the Northeast 
Corridor the following amounts:
            (1) For the 6 tunnels in New York City, New York, to 
        provide ventilation, electrical, and fire safety technology 
        improvements, emergency communication and lighting systems, and 
        emergency access and egress for passengers--
                    (A) $25,000,000 for fiscal year 2008;
                    (B) $25,000,000 for fiscal year 2009;
                    (C) $25,000,000 for fiscal year 2010; and
                    (D) $25,000,000 for fiscal year 2011.
            (2) For the Baltimore & Potomac Tunnel and the Union Tunnel 
        in Baltimore, Maryland, to provide adequate drainage and 
        ventilation, communication, lighting, and passenger egress 
        improvements--
                    (A) $5,000,000 for fiscal year 2008;
                    (B) $5,000,000 for fiscal year 2009;
                    (C) $5,000,000 for fiscal year 2010; and
                    (D) $5,000,000 for fiscal year 2011.
            (3) For the Union Station tunnels in the District of 
        Columbia to provide ventilation, communication, lighting, and 
        passenger egress improvements--
                    (A) $5,000,000 for fiscal year 2008;
                    (B) $5,000,000 for fiscal year 2009;
                    (C) $5,000,000 for fiscal year 2010; and
                    (D) $5,000,000 for fiscal year 2011.
    (b) Availability of Amounts.--Amounts appropriated pursuant to this 
section shall remain available until expended.

SEC. 11. SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in coordination with the Secretary of 
Transportation, shall--
            (1) develop a security training program to prepare 
        railroad, public transportation, and over-the-road bus workers 
        for potential threat conditions; and
            (2) issue detailed guidance for the program.
    (b) Consultation.--The Secretary shall develop the guidance under 
subsection (a)(2) in consultation with--
            (1) appropriate law enforcement, fire service, security, 
        and terrorism experts;
            (2) representatives of providers of covered transportation; 
        and
            (3) nonprofit employee labor organizations representing one 
        or more of the following: railroad workers, public 
        transportation workers, and over-the-road bus workers.
    (c) Program Elements.--The guidance developed under subsection 
(a)(2) shall require security training programs described in subsection 
(a) to include, at a minimum, elements to address the following:
            (1) Determination of the seriousness of any occurrence or 
        threat.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend oneself, including 
        using nonlethal self-defense devices.
            (4) Use of protective devices.
            (5) Evacuation procedures for passengers and workers, 
        including individuals with disabilities.
            (6) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (7) Recognition and reporting of dangerous substances and 
        suspicious packages, persons, and situations.
            (8) Understanding security incident procedures, including 
        procedures for communicating with governmental and 
        nongovernmental emergency response providers.
            (9) Operation and maintenance of security equipment and 
        systems.
            (10) Any other subject the Secretary considers appropriate.
    (d) Required Programs.--
            (1) Development and submission to secretary.--Not later 
        than 60 days after the Secretary issues guidance under 
        subsection (a)(2) in final form, each provider of covered 
        transportation shall develop a security training program in 
        accordance with the guidance and submit the program to the 
        Secretary for approval.
            (2) Approval.--Not later than 60 days after receiving a 
        security training program under this subsection, the Secretary 
        shall approve the program or require the provider of covered 
        transportation that developed the program to make any revisions 
        to the program that the Secretary considers necessary for the 
        program to meet the guidance requirements.
            (3) Training.--Not later than 1 year after the Secretary 
        approves a security training program under this subsection, the 
        provider of covered transportation that developed the program 
        shall complete the training of all workers covered under the 
        program.
            (4) Updates.--The Secretary shall update the training 
        guidance issued under subsection (a)(2) from time to time to 
        reflect new or different security threats and require providers 
        of covered transportation to revise their programs accordingly 
        and provide additional training to their workers.

SEC. 12. SECURITY EXERCISES.

    (a) In General.--The Secretary shall establish a program for 
conducting security exercises for covered transportation for the 
purpose of testing and evaluating the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate against, 
respond to, and recover from acts of terrorism involving covered 
transportation.
    (b) Covered Entities.--Entities to be tested and evaluated under 
the program shall include--
            (1) Federal, State, and local agencies and tribal 
        governments;
            (2) employees and managers of providers of covered 
        transportation;
            (3) governmental and nongovernmental emergency response 
        providers and law enforcement personnel, including railroad and 
        transit police; and
            (4) any other organization or entity that the Secretary 
        determines appropriate.
    (c) Requirements.--The Secretary shall ensure that the program--
            (1) consolidates all existing security exercises for 
        covered transportation administered by the Department;
            (2) requires, on a periodic basis at the facilities of a 
        provider of covered transportation, exercises to be conducted 
        that are--
                    (A) scaled and tailored to the needs of the 
                facilities;
                    (B) live, in the case of the most at-risk 
                facilities to a terrorist attack;
                    (C) as realistic as practicable and based on 
                current risk assessments, including credible threats, 
                vulnerabilities, and consequences; and
                    (D) consistent with the National Incident 
                Management System, the National Response Plan, the 
                National Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other such national initiatives;
            (3) provides that exercises described in paragraph (2) will 
        be--
                    (A) evaluated against clear and consistent 
                performance measures;
                    (B) assessed to learn best practices, which shall 
                be shared with appropriate Federal, State, local, and 
                tribal officials, governmental and nongovernmental 
                emergency response providers, law enforcement 
                personnel, including railroad and transit police, and 
                appropriate stakeholders; and
                    (C) followed by remedial action in response to 
                lessons learned; and
            (4) assists State and local governments and providers of 
        covered transportation in designing, implementing, and 
        evaluating exercises that conform to the requirements of 
        paragraph (2).
    (d) Remedial Action Management Program.--The Secretary shall 
utilize the remedial action management program of the Federal Emergency 
Management Agency to--
            (1) identify and analyze each exercise conducted under the 
        program for lessons learned and best practices;
            (2) disseminate lessons learned and best practices to 
        participants in the program;
            (3) monitor the implementation of lessons learned and best 
        practices by participants in the program; and
            (4) conduct remedial action tracking and long-term trend 
        analysis.

SEC. 13. SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary shall carry out a research and development program for the 
purpose of improving the security of covered transportation.
    (b) Eligible Projects.--The research and development program may 
include projects--
            (1) to reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous chemical, 
        biological, and radioactive substances;
            (2) to test new emergency response and recovery techniques 
        and technologies;
            (3) to develop improved freight railroad technologies, 
        including--
                    (A) technologies for sealing and modifying rail 
                tank cars;
                    (B) automatic inspection of railroad cars;
                    (C) communication-based train controls;
                    (D) signal system integrity at switches;
                    (E) emergency response training, including training 
                in a tunnel environment;
                    (F) security and redundancy for critical 
                communications, electrical power, computer, and train 
                control systems; and
                    (G) technologies for securing bridges and tunnels;
            (4) to test wayside detectors that can detect tampering 
        with railroad equipment;
            (5) to support enhanced security for the transportation of 
        hazardous materials by railroad;
            (6) to mitigate damages in the event of a cyberattack; and
            (7) to address other vulnerabilities and risks identified 
        by the Secretary.
    (c) Coordination With Other Research Initiatives.--The Secretary 
shall--
            (1) ensure that the research and development program is 
        consistent with the National Strategy for Rail and Public 
        Transportation Security developed under section 3; and
            (2) to the greatest extent practicable, coordinate the 
        research and development activities of the Department with 
        other ongoing research and development security related 
        initiatives, including research being conducted by--
                    (A) the National Academy of Sciences;
                    (B) the Department of Transportation, including 
                university transportation centers and other institutes, 
                centers, and simulators funded by the Department of 
                Transportation;
                    (C) the Technical Support Working Group;
                    (D) other Federal departments and agencies; and
                    (E) other Federal and private research laboratories 
                and research entities with the capability to conduct 
                both practical and theoretical research and technical 
                systems analysis.
    (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.
            (2) Privacy impact assessments.--In accordance with 
        sections 222 and 705 of the Homeland Security Act of 2002 (6 
        U.S.C. 142; 345), 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 development initiatives developed under this 
        section.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section--
            (1) $50,000,000 for fiscal year 2008;
            (2) $50,000,000 for fiscal year 2009
            (3) $50,000,000 for fiscal year 2010; and
            (4) $50,000,000 for fiscal year 2011.
Such sums shall remain available until expended.

SEC. 14. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--No covered individual may be discharged, demoted, 
suspended, threatened, harassed, reprimanded, investigated, or in any 
other manner discriminated against (including by a denial, suspension, 
or revocation of a security clearance or by any other security access 
determination) if such discrimination is due, in whole or in part, to 
any lawful act done, perceived to have been done, or intended to be 
done by the covered individual--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the covered individual reasonably believes 
        constitutes a violation of any law, rule, or regulation 
        relating to national or homeland security, which the covered 
        individual reasonably believes constitutes a threat to national 
        or homeland security, or which the covered individual 
        reasonably believes constitutes fraud, waste, or mismanagement 
        of Government funds intended to be used for national or 
        homeland security, if the information or assistance is provided 
        to or the investigation is conducted by--
                    (A) a Federal, State, or local regulatory or law 
                enforcement agency (including an office of the 
                Inspector General under the Inspector General 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);
            (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 national or homeland security; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation relating to national or homeland 
        security.
    (b) Enforcement Action.--
            (1) In general.--A covered individual who alleges discharge 
        or other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c) by--
                    (A) filing a complaint with the Secretary of Labor; 
                or
                    (B) if the Secretary of Labor has not issued a 
                final decision within 180 days after the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, bringing an 
                action at law or equity for de novo review in the 
                appropriate district court of the United States, which 
                shall have jurisdiction over such an action without 
                regard to the amount in controversy.
            (2) Procedure.--
                    (A) In general.--An action under paragraph (1)(A) 
                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 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)(B) 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 violation occurs.
    (c) Remedies.--
            (1) In general.--A covered individual prevailing 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 interest;
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including 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 section or $5,000,000.
    (d) State Secrets Privilege.--If, in any action brought under 
subsection (b)(1)(B), the Government asserts as a defense the privilege 
commonly referred to as 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 violating 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 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)(B) 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) 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 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 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 ``subcontractor''--
                    (A) means any person, other than the contractor, 
                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 furnish or 
                furnishes general supplies to the contractor or a 
                higher tier subcontractor.
            (6) Person.--The term ``person'' means a corporation, 
        partnership, State entity, business association of any kind, 
        trust, joint-stock company, or individual.

SEC. 15. INCREASE IN SURFACE TRANSPORTATION SECURITY INSPECTORS.

    (a) In General.--The Secretary shall increase the total number of 
positions for full-time surface transportation 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 security 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--
            (1) surface transportation security inspectors of the 
        Department;
            (2) safety and security inspectors of the Department 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 CONSORTIUM.

    (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 providers, provides onsite and mobile 
training at the performance 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;
            (4) the National Emergency Response and Rescue 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 Regulations and Orders of 
the Secretary of Homeland Security.--
            ``(1) Application.--This subsection applies to the 
        enforcement of regulations prescribed, and orders 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 referred to as an `applicable provision of this 
        title'). Penalties for violation of regulations prescribed, and 
        orders issued, by the Secretary of Homeland Security under a 
        provision of chapter 449 are provided under chapter 463.
            ``(2) General civil penalties.--
                    ``(A) Maximum civil penalties.--A person 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 notice of the finding of a violation and 
                the penalty.
                    ``(B) Civil actions to collect penalties.--In a 
                civil action to collect a civil penalty imposed by the 
                Secretary under this paragraph, the issues of liability 
                and the amount of the penalty may not be reexamined.
                    ``(C) Exclusive jurisdiction of district courts.--
                Notwithstanding subparagraph (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 concern; 
                                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 violation.
                    ``(D) Maximum civil penalties imposed by the 
                secretary.--The maximum civil penalty the Secretary may 
                impose under this paragraph is--
                            ``(i) $400,000 if the violation was 
                        committed by a person other than an individual 
                        or small business concern; or
                            ``(ii) $50,000 if the violation was 
                        committed 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 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 imposed under this 
                subsection.
                    ``(B) Setoff.--The Government may deduct the amount 
                of a civil penalty imposed or compromised under this 
                subsection from amounts it owes the person liable for 
                the penalty.
            ``(5) Investigations and proceedings.--The provisions set 
        forth in chapter 461 shall be applicable to investigations and 
        proceedings brought under this subsection to the same extent 
        that they are applicable 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 defense.--Paragraphs (1) through (4) 
                of this subsection do not apply to the following 
                persons, who shall be subject to penalties as 
                determined by the Secretary of Defense or the 
                Secretary's designee:
                            ``(i) The transportation of personnel or 
                        shipments of materials by contractors where the 
                        Department of Defense has assumed control and 
                        responsibility.
                            ``(ii) A member of the Armed Forces of the 
                        United States when performing official duties.
                            ``(iii) A civilian employee of the 
                        Department of Defense when performing official 
                        duties.
                    ``(B) Postal service; department of defense.--In 
                this subsection, the term `person' does not include--
                            ``(i) the United States Postal Service; or
                            ``(ii) the Department of Defense.
            ``(7) Small business concern defined.--In this subsection, 
        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 administered by the Under Secretary of Transportation for 
Security''.
                                 <all>