110 HR 1269 IH: Rail and Public Transportation U.S. House of Representatives 2007-03-01 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I 110th CONGRESS 1st Session H. R. 1269 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.
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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.