[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1401 Engrossed in House (EH)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                H. R. 1401

_______________________________________________________________________

                                 AN ACT


 
 To improve the security of railroads, public transportation, and over-
      the-road buses 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.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. No preemption of State law.
            TITLE I--RAIL AND PUBLIC TRANSPORTATION SECURITY

Sec. 101. National strategy for rail and public transportation 
                            security.
Sec. 102. Assignment of providers of covered transportation to risk-
                            based tiers.
Sec. 103. Rail and public transportation assessments and plans.
Sec. 104. Information sharing plan.
Sec. 105. Rail security assistance.
Sec. 106. Public transportation security assistance.
Sec. 107. Over-the-road bus security assistance.
Sec. 108. Fire and life safety improvements.
Sec. 109. Security training program.
Sec. 110. Security exercises.
Sec. 111. Security research and development.
Sec. 112. Whistleblower protections.
Sec. 113. Increase in surface transportation security inspectors.
Sec. 114. National domestic preparedness consortium.
Sec. 115. Authorization of Visible Intermodal Protection Response 
                            Teams.
Sec. 116. National Transportation Security Center of Excellence.
Sec. 117. TSA personnel limitations.
Sec. 118. Homeland security grants.
Sec. 119. Threat assessment screening.
Sec. 120. Background checks for covered individuals.
Sec. 121. Task force on disqualifying crimes.
Sec. 122. Penalties.
Sec. 123. School bus transportation security.
Sec. 124. Enhanced security measures for shipments of security 
                            sensitive materials.
Sec. 125. Technology standards and clearinghouse to improve security of 
                            covered transportation.
Sec. 126. Rail tank car security testing.
Sec. 127. Rail radiological and nuclear detection.
Sec. 128. Requirement to provide preference to qualified anti-terrorism 
                            technologies.
Sec. 129. Promoting liability protections for providers of covered 
                            transportation and related technologies.
Sec. 130. International rail security program.
Sec. 131. Terrorist watchlist and immigration status review at high-
                            risk transportation sites.
Sec. 132. Review of grant-making efficiency.
Sec. 133. Roles of the Department of Homeland Security and the 
                            Department of Transportation.
Sec. 134. Assessment and report.
Sec. 135. Study of foreign rail security practices.
Sec. 136. Alternative material sources.
Sec. 137. Immunity for reporting suspicious activities and mitigating 
                            terrorist threats relating to 
                            transportation security.
    TITLE II--SECURE TRANSPORTATION THROUGH INCREASED USE OF CANINE 
                            DETECTION TEAMS

Sec. 201. Increasing the number of canine detection teams for 
                            transportation security.
Sec. 202. National explosives detection canine team program increase.
Sec. 203. Transportation security administration breeding program 
                            increase.

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 railroad, public transportation, or over-
                the-road bus workers;
                    (D) shippers of hazardous material;
                    (E) manufacturers of railroad cars, public 
                transportation cars and buses, and over-the-road buses;
                    (F) State departments of transportation, regional 
                agencies, and metropolitan planning organizations;
                    (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, a provider of public transportation, or 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 the 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.
            (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, American Samoa, and 
        any other territory or possession of the United States.
            (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 an 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. NO PREEMPTION OF STATE LAW.

    (a) No Preemption of State Law.--Nothing in section 20106 of title 
49, United States Code, preempts a State cause of action, or any 
damages recoverable in such an action, including negligence, 
recklessness, and intentional misconduct claims, unless compliance with 
State law would make compliance with Federal requirements impossible. 
Nothing in section 20106 of title 49, United States Code, confers 
Federal jurisdiction of a question for such a cause of action.
    (b) Secretarial Power.--Section 20106 of title 49, United States 
Code, preempts only positive laws, regulations, or orders by executive 
or legislative branch officials that expressly address railroad safety 
or security. The Secretary and the Secretary of Transportation have the 
power to preempt such positive enactments by substantially subsuming 
the same subject matter, pursuant to proper administrative procedures.

            TITLE I--RAIL AND PUBLIC TRANSPORTATION SECURITY

SEC. 101. NATIONAL STRATEGY FOR RAIL AND PUBLIC TRANSPORTATION 
              SECURITY.

    (a) Modal Plan.--Not later than 6 months after the date of 
enactment of this Act, the Secretary 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 providing security clearances to 
        facilitate intelligence and information sharing with the 
        entities described in paragraph (1);
            (5) a description of--
                    (A) how the Department has 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, other appropriate Federal 
        agencies and private entities 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, respond to, and recover from a terrorist 
        attack on covered transportation; and
            (10) a process for coordinating covered transportation 
        security strategies and plans, including the National 
        Infrastructure Protection Plan required by Homeland Security 
        Presidential Directive 7; Executive Order: Strengthening 
        Surface Transportation Security dated December 5, 2006; the 
        Memorandum of Understanding between the Department and the 
        Department of Transportation on Roles and Responsibilities 
        dated September 28, 2004; the Annex to the Memorandum of 
        Understanding between the Department and the Department of 
        Transportation on Roles and Responsibilities concerning 
        railroad security dated September 28, 2006, and the Annex to 
        the Memorandum of Understanding between the Department and the 
        Department of Transportation on Roles and Responsibilities 
        concerning Public Transportation Security dated September 8, 
        2005.
    (b) Adequacy of Existing Plans and Strategies.--Nothing in this 
section shall prevent the Secretary from using existing plans and 
strategies, including those developed or implemented pursuant to 
section 114(t) of title 49, United States Code, or Homeland Security 
Presidential Directive-7, in meeting the requirements of subsection 
(a).

SEC. 102. ASSIGNMENT OF PROVIDERS OF COVERED TRANSPORTATION TO RISK-
              BASED TIERS.

    (a) Assignment.--The Secretary shall assign each provider of 
covered transportation to one of the not less than 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 two of the tiers 
established by the Secretary under this section shall be tiers 
designated for high- and medium-risk providers of covered 
transportation.

SEC. 103. 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 shall issue regulations that--
            (1) require each provider of covered transportation 
        assigned to a high- or medium-risk tier under section 102--
                    (A) to conduct a vulnerability assessment in 
                accordance with subsections (b) and (c); and
                    (B) to prepare, submit to the Secretary for 
                approval, and implement a security plan in accordance 
                with this section that addresses security performance 
                requirements under subsection (f); and
            (2) establish standards, and guidelines for vulnerability 
        assessments under subsection (c) and security plans under 
        subsection (d) and for developing and implementing such 
        security plans.
            (3) establish a security program for providers of covered 
        transportation not assigned to a high or medium-risk tier under 
        section 102, including a process for 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 for a provider of covered transportation assigned to a 
high- or medium-risk tier shall be completed and submitted to the 
Secretary for review and approval.
    (c) Vulnerability Assessments.--
            (1) Requirements.--The Secretary 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 102 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 provider of covered 
        transportation conducting a vulnerability assessment under this 
        section shall incorporate in the assessment any threat 
        information provided by the Secretary and other sources.
    (d) Security Plans.--
            (1) Requirements.--The Secretary 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 a high- or medium-risk under 
        section 102 include, at a minimum--
                    (A) identification of a security coordinator having 
                authority--
                            (i) to implement security actions under the 
                        plan;
                            (ii) to coordinate security improvements 
                        described in sections 105, 106, and 107; and
                            (iii) to receive immediate communications 
                        from appropriate Federal officials regarding 
                        covered transportation security;
                    (B) plans for periodic exercises under section 110 
                that include participation by local law enforcement 
                agencies and emergency responders as appropriate;
                    (C) a list of needed capital and operational 
                improvements such as those described in sections 105, 
                106, and 107;
                    (D) procedures to be implemented or used by the 
                provider in response to a terrorist attack, including 
                evacuation and passenger communication plans that 
                include individuals with disabilities;
                    (E) 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;
                    (F) a strategy and timeline for conducting training 
                under section 109, 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;
                    (G) enhanced security measures to be taken by the 
                provider when the Secretary declares a period of 
                heightened security risk;
                    (H) 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;
                    (I) plans for locating, including by covert 
                electronic devices, shipments of railroad cars 
                transporting security sensitive materials or nuclear 
                waste so that, if the assets are lost or stolen, the 
                provider or law enforcement authorities may locate, 
                track, and recover the assets;
                    (J) a strategy for implementing enhanced security 
                for shipments of security sensitive materials under 
                section 124; 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) Security coordinator requirements.--The Secretary shall 
        require that the individual serving as the security coordinator 
        identified in paragraph (1)(A) is a citizen of the United 
        States. The Secretary may waive this requirement with respect 
        to an individual if the Secretary determines that it is 
        appropriate to do so based on a background check of the 
        individual and a review of terrorist watch lists to ensure that 
        the individual is not identified on any such terrorist watch 
        list.
            (3) 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 101.
    (e) 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 when preparing and submitting a vulnerability assessment and 
security plan, 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.
    (f) Security Performance Requirements.--The Secretary shall, by 
regulation, establish security performance requirements for the 
security plans required for providers of covered transportation. The 
regulations shall--
            (1) require separate and increasingly stringent security 
        performance requirements for security plans as the level of 
        risk associated with the tier increases; and
            (2) permit each provider of covered transportation 
        submitting a security plan to select a combination of security 
        measures that satisfy the security performance requirements 
        established by the Secretary under this subsection.
    (g) 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.
    (h) Interim Security Measures.--The Secretary shall require, during 
the period before the deadline established under subsection (b), each 
provider of covered transportation required to submit a security plan 
under subsection (b) 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 
covered transportation or a substantive threat of such an incident 
until the security plan of the provider is approved.
    (i) Nondisclosure of Information.--
            (1) In general.--Nothing in this Act shall be construed to 
        require the disclosure of a vulnerability assessment or a 
        security plan of a provider of covered transportation to the 
        extent that such information is exempted from mandatory 
        disclosure under section 552 of title 5, United States Code.
            (2) Other obligations unaffected.--Nothing in this section 
        shall affect any obligation of the 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.
    (j) Penalties.--
            (1) Administrative penalties.--
                    (A) In general.--The Secretary may impose an 
                administrative penalty of not more than $100,000 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 Act, 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 Act, including regulations issued 
                under subsection (a), or a security plan approved by 
                the Secretary under this section.
                    (B) Relief.--In any action under this Act, a court 
                may issue an order for injunctive relief and may impose 
                a civil penalty of not more than $75,000 for each day 
                on which a violation occurs or a failure to comply 
                continues.
            (3) Criminal penalties.--A provider of covered 
        transportation who intentionally 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.
    (k) 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 such submission, but shall 
        require submission by the provider of any additional 
        information relevant to the vulnerability assessment and 
        security plan 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 provide to 
        such provider a written notification that includes an 
        explanation of the reasons why the determination could not be 
        made.
            (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.
    (l) Periodic Review by Provider of Covered Transportation 
Required.--
            (1) Submission of review.--Not later than 3 years after the 
        date on which a vulnerability assessment or security plan 
        required to be submitted to the Secretary under subsection (b) 
        is submitted, and at least once every 5 years thereafter (or on 
        such a schedule as the Secretary may establish by regulation), 
        the provider of covered transportation who submitted the 
        vulnerability assessment or security plan shall also submit to 
        the Secretary a review of the adequacy of the vulnerability 
        assessment or security plan that includes a description of any 
        material changes made to the vulnerability assessment or 
        security plan.
            (2) Review of review.--Not later than 180 days after the 
        date on which a review is submitted, the Secretary shall review 
        the review and notify the provider of covered transportation 
        submitting the review of the Secretary's approval or 
        disapproval of such review.
    (m) 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.
    (n) Ferry Exemption.--This section does not apply to any ferry 
system for which a vulnerability assessment and security plan is 
required pursuant to chapter 701 of title 46, United States Code.
    (o) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall submit a report to the appropriate congressional 
committees regarding the feasibility of implementing name-based checks 
against terrorist watch lists for all National Railroad Passenger 
Corporation passengers.

SEC. 104. 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 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 
                the Department 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) Classification of Material.--To the greatest extent possible, 
the Department shall provide appropriate stakeholders with information 
in an unclassified format.
    (f) Security Clearances.--The Department shall assist the 
appropriate Federal, State, regional, local, and tribal authorities, in 
addition to appropriate stakeholders, in obtaining the security 
clearances needed to receive classified covered transportation security 
information as necessary if this information cannot be disseminated in 
an unclassified format.

SEC. 105. RAIL SECURITY ASSISTANCE.

    (a) In General.--The Secretary shall establish a program for making 
grants to eligible entities for security improvements described in 
subsection (b).
    (b) Uses of Funds.--A recipient of a grant under this section shall 
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 to reduce the vulnerability of railroad 
        cars.
            (3) Passenger railroad station security capital improvement 
        projects that the Secretary determines enhance rail station 
        security.
            (4) Security improvements to passenger railroad stations 
        and other railroad transportation infrastructure, including 
        stations and other railroad transportation infrastructure owned 
        by State or local governments.
            (5) Tunnel protection systems.
            (6) Evacuation improvements.
            (7) Inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs.
            (8) Communications equipment, including equipment that is 
        interoperable with Federal, State, and local agencies and 
        tribal governments.
            (9) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.
            (10) Surveillance equipment.
            (11) Cargo or passenger screening equipment.
            (12) Railroad security inspection facilities and related 
        infrastructure at United States international borders, 
        including additional side railroad track necessary for 
        passenger and freight train security inspection.
            (13) Emergency response equipment, including fire 
        suppression and decontamination equipment, personal protective 
        equipment, and defibrillators.
            (14) Global positioning or tracking and recovery equipment.
            (15) Redundant critical operations control systems.
            (16) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 109 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for railroad employees, 
        including front-line employees.
            (17) Live or simulated exercises described in section 110.
            (18) Overtime reimbursement for additional security 
        personnel during periods of heightened security as determined 
        by the Secretary.
            (19) Public awareness campaigns for enhanced rail security.
            (20) Operational costs for personnel assigned to full-time 
        security or counterterrorism duties related to rail 
        transportation.
            (21) Such other security improvements as the Secretary 
        considers appropriate.
    (c) Department of Homeland Security Responsibilities.--In carrying 
out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants 
        under this section, including application requirements;
            (2) pursuant to subsection (f), determine who are the 
        recipients of grants under this section;
            (3) pursuant to subsection (b), determine the uses for 
        which grant funds may be used under this section;
            (4) establish priorities for uses of funds for grant 
        recipients under this section; and
            (5) not later than 5 business days after making 
        determinations under paragraphs (1) through (4), transfer grant 
        funds under this section to the Secretary of Transportation for 
        distribution to the recipients of grants determined by the 
        Secretary under paragraph (2).
    (d) Department of Transportation Responsibilities.--The Secretary 
of Transportation shall distribute grant funds under this section to 
the recipients of grants determined by the Secretary under subsection 
(f).
    (e) Monitoring and Auditing.--The Department of Homeland Security 
and the Department of Transportation jointly shall monitor and audit 
the use of funds under this section.
    (f) Eligibility.--A railroad carrier is eligible for a grant under 
this section if the carrier has completed a vulnerability assessment 
and developed a security plan that the Secretary has approved under 
section 103. Grant funds may only be used for permissible uses under 
subsection (b) to further a rail security plan.
    (g) Multiyear Awards.--Pursuant to this section, the Secretary may 
issue multi-year grants for not longer than a 5-year period.
    (h) Letters of Intent.--
            (1) Issuance.--The Secretary may issue a letter of intent 
        to a recipient of a grant under this section, to commit funding 
        from future budget authority of an amount, not more than the 
        Federal Government's share of the project's cost, for a capital 
        improvement project.
            (2) Schedule.--The letter of intent under this subsection 
        shall establish a schedule under which the Secretary will 
        reimburse the recipient for the Federal Government's share of 
        the project's costs, as amounts become available, if the 
        recipient, after the Secretary issues that letter, carries out 
        the project without receiving amounts under a grant issued 
        under this section.
            (3) Notice to secretary.--A recipient that has been issued 
        a letter of intent under this section shall notify the 
        Secretary of the recipient's intent to carry out a project 
        before the project begins.
            (4) Notice to congress.--The Secretary shall transmit to 
        the appropriate congressional committees a written notification 
        at least 3 days before the issuance of a letter of intent under 
        this subsection.
            (5) Limitations.--A letter of intent issued under this 
        subsection is not an obligation of the Federal Government under 
        section 1501 of title 31, United States Code, and the letter is 
        not deemed to be an administrative commitment for financing. An 
        obligation or administrative commitment may be made only as 
        amounts are provided in authorization and appropriations laws.
            (6) Statutory construction.--Nothing in this section shall 
        be construed to prohibit the obligation of amounts pursuant to 
        a letter of intent under this section in the same fiscal year 
        as the letter of intent is issued.
    (i) 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.
            (4) Applicability.--This subsection shall only apply to 
        freight railroad carriers.
    (j) Subject to Certain Standards.--A recipient of a grant under 
this section and section 108 shall be required 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 project 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.
    (k) Limitation on Uses of Funds.--A grant made under this section 
may not be used--
            (1) to supplant State or local funds; and
            (2) to make any State or local government cost-sharing 
        contribution under any other law.
    (l) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of grant funds.
    (m) Guidelines.--Before distribution of funds to recipients of 
grants under this section, the Secretary, shall issue guidelines to 
ensure that, to the extent that recipients of grants under this section 
use contractors or subcontractors, such recipients use small, minority, 
women-owned, or disadvantaged businesses as contractors or 
subcontractors to the extent practicable.
    (n) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary $600,000,000 for each of fiscal years 2008 
        through 2011 for making grants under this section.
            (2) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 106. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

    (a) In General.--The Secretary shall establish a program for making 
grants to an eligible public transportation designated recipient for 
security improvements described in subsection (b).
    (b) Uses of Funds.--A recipient of a grant under subsection (a) 
shall 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.
            (2) Security improvements to stations and other public 
        transportation infrastructure, including stations and other 
        public transportation infrastructure owned by State or local 
        governments.
            (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, or 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) Purchase and placement of bomb-resistant trash cans 
        throughout public transportation facilities, including subway 
        exits, entrances, and tunnels.
            (11) Global positioning or tracking and recovery equipment.
            (12) Redundant critical operations control systems.
            (13) Live or simulated exercises described in section 110.
            (14) Public awareness campaigns for enhanced public 
        transportation security.
            (15) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 109 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for public 
        transportation employees, including front-line employees.
            (16) Overtime reimbursement, including reimbursement of 
        State, local, and tribal governments for costs, for additional 
        security personnel during periods of heightened security as 
        determined by the Secretary.
            (17) Operational costs, including reimbursement of State, 
        local, and tribal governments for costs for personnel assigned 
        to full-time security or counterterrorism duties related to 
        public transportation.
            (18) Such other security improvements as the Secretary 
        considers appropriate, including security improvements for 
        newly completed public transportation systems that are not yet 
        operable for passenger use.
    (c) Department of Homeland Security Responsibilities.--In carrying 
out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants 
        under this section, including application requirements;
            (2) pursuant to subsection (f), determine who are the 
        recipients of grants under this section;
            (3) pursuant to subsection (b), determine the uses for 
        which grant funds may be used under this section;
            (4) establish priorities for uses of funds for grant 
        recipients under this section; and
            (5) not later than 5 business days after making 
        determinations under paragraphs (1) through (4), transfer grant 
        funds under this section to the Secretary of Transportation for 
        distribution to the recipients of grants determined by the 
        Secretary under paragraph (2).
    (d) Department of Transportation Responsibilities.--The Secretary 
of Transportation shall distribute grant funds under this section to 
the recipients of grants determined by the Secretary under subsection 
(f).
    (e) Monitoring and Auditing.--The Department of Homeland Security 
and the Department of Transportation shall jointly monitor and audit 
the use of funds under this section.
    (f) Eligibility.--A designated recipient is eligible for a grant 
under this section if the recipient has completed a vulnerability 
assessment and developed a security plan that the Secretary has 
approved under section 103. Grant funds may only be used for 
permissible uses under subsection (b) to further a public 
transportation security plan.
    (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, as in 
effect on January 1, 2007, and such other terms and conditions as are 
determined necessary by the Secretary.
    (h) Limitation on Uses of Funds.--Grants made under this section 
may not be used--
            (1) to supplant State or local funds; and
            (2) to 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 on the use of the grant funds.
    (j) Guidelines.--Before distribution of funds to recipients of 
grants under this section, the Secretary shall issue guidelines to 
ensure that, to the extent that recipients of grants under this section 
use contractors or subcontractors, such recipients shall use small, 
minority, women-owned, or disadvantaged businesses as contractors or 
subcontractors to the extent practicable.
    (k) Authorization of Appropriations.--
            (1) In general.--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) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 107. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) In General.--The Secretary shall establish a program for making 
grants for eligible private operators providing transportation by an 
over-the-road bus for security improvements described in subsection 
(b).
    (b) Uses of Funds.--A recipient of a grant received under 
subsection (a) shall use the grant funds for one or more of the 
following:
            (1) Constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to increase their security, 
        including terminals and other over-the-road bus facilities 
        owned by State or local governments.
            (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) Public awareness campaigns for enhanced over-the-road 
        bus security.
            (8) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 109 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for over-the-road bus 
        employees, including front-line employees.
            (9) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.
            (10) Overtime reimbursement, including reimbursement of 
        State, local, and tribal governments for costs, for additional 
        security personnel during periods of heightened security as 
        determined by the Secretary.
            (11) Live or simulated exercises described in section 110.
            (12) Operational costs, including reimbursement of State, 
        local, and tribal governments for such costs, for personnel 
        assigned to full-time security or counterterrorism duties 
        related to over-the-road bus transportation.
            (13) Such other improvements as the Secretary considers 
        appropriate.
    (c) Department of Homeland Security Responsibilities.--In carrying 
out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants 
        under this section, including application requirements;
            (2) pursuant to subsection (f), determine who are the 
        recipients of grants under this section;
            (3) pursuant to subsection (b), determine the uses for 
        which grant funds may be used under this section;
            (4) establish priorities for uses of funds for grant 
        recipients under this section; and
            (5) not later than 5 business days of making determinations 
        under paragraphs (1) through (4), transfer grant funds under 
        this section to the Secretary of Transportation for 
        distribution to the recipients of grants determined by the 
        Secretary under paragraph (2).
    (d) Department of Transportation Responsibilities.--The Secretary 
of Transportation shall distribute grant funds under this section to 
the recipients of grants determined by the Secretary under subsection 
(f).
    (e) Monitoring and Auditing.--The Department of Homeland Security 
and the Department of Transportation shall jointly monitor and audit 
the use of funds under this section.
    (f) Eligibility.--A private operator providing transportation by an 
over-the-road bus is eligible for a grant under this section if the 
operator has completed a vulnerability assessment and developed a 
security plan that the Secretary has approved under section 103. Grant 
funds may only be used for permissible uses under subsection (b) to 
further an over-the-road bus security plan.
    (g) Subject to Certain 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.
    (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; 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) Guidelines.--Before distribution of funds to recipients of 
grants under this section, the Secretary shall issue guidelines to 
ensure that to the extent that recipients of grants under this section 
use contractors or subcontractors, such recipients shall use small, 
minority, women-owned, and disadvantaged businesses as contractors or 
subcontractors to the extent practicable.
    (k) Authorization.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to make grants under this section--
                    (A) $12,000,000 for fiscal year 2008; and
                    (B) $25,000,000 for each of fiscal years 2009 
                through 2011.
            (2) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 108. 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, 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, standpipe, 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.
    (c) Guidelines.--Before distribution of funds to recipients of 
grants under this section, the Secretary of Transportation shall issue 
guidelines to ensure that, to the extent that recipients of grants 
under this section use contractors or subcontractors, such recipients 
shall use small, minority, women-owned, or disadvantaged businesses as 
the contractors or subcontractors to the extent practicable.

SEC. 109. SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary shall--
            (1) develop security training programs to prepare all 
        railroad, public transportation, and over-the-road bus workers, 
        including front-line employees, 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 
        railroad, public transportation, over-the-road bus workers, or 
        emergency response personnel.
    (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 defense devises.
            (4) Evacuation procedures for passengers and workers, 
        including individuals with disabilities.
            (5) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (6) Recognition and reporting of dangerous substances and 
        suspicious packages, persons, and situations.
            (7) Understanding security incident procedures, including 
        procedures for communicating with governmental and 
        nongovernmental emergency response providers and for on-scene 
        interaction with such emergency response providers.
            (8) Operation and maintenance of security equipment and 
        systems.
            (9) Other security training activities that 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), each provider of covered transportation 
        shall develop a security training program in accordance with 
        the guidance developed under subsection (2) and submit the 
        program to the Secretary for approval.
            (2) Approval.--Not later than 60 days after receiving a 
        security training program proposal 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 proposal 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 periodically review and 
        update as appropriate the training guidance issued under 
        subsection (a)(2) to reflect new or changing security threats 
        and require providers of covered transportation to revise their 
        programs accordingly and provide additional training to their 
        workers as necessary.
    (e) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
National Training Program established under section 648 of the 
Department of Homeland Security Appropriations Act of 2007 (6 U.S.C. 
748).
    (f) Ferry Exemption.--This section does not apply to any ferry 
system for which training is required to be conducted pursuant to 
section 70103 of title 46, United States Code.
    (g) Reporting Requirements.--Not later than one year after the 
issuance of guidelines under subsection (a)(2), the Secretary shall 
conduct a survey regarding the satisfaction of workers regarding the 
effectiveness and adequacy of the training programs. In addition, the 
Secretary shall submit a report to the appropriate congressional 
committees regarding the results of the survey and the progress of 
providers of covered transportation in meeting the requirements of 
paragraphs (1) and (3) of subsection (d).

SEC. 110. SECURITY EXERCISES.

    (a) In General.--The Secretary shall establish a program for 
conducting security exercises for covered transportation for the 
purpose of assessing and improving 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 assessed 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) working jointly with the Secretary of Transportation, 
        consolidates all existing security exercises for covered 
        transportation administered by the Department and the 
        Department of Transportation;
            (2) requires, on a periodic basis, at the facilities a 
        provider of covered transportation, exercises to be conducted 
        that are--
                    (A) scaled and tailored to the needs of the 
                facilities, including individuals with disabilities;
                    (B) live, in the case of the most at-risk 
                facilities to a terrorist attack;
                    (C) coordinated with appropriate officials of 
                covered transportation providers;
                    (D) as realistic as practicable and based on 
                current risk assessments, including credible threats, 
                vulnerabilities, and consequences; and
                    (E) 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;
            (4) includes exercises involving covered transportation at 
        or near the international land borders of the United States and 
        in coordination with international stakeholders;
            (5) involves individuals in neighborhoods around the 
        infrastructure of a provider of covered transportation; and
            (6) assists State, local, and tribal 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.
    (f) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
National Training Program established under section 648 of the 
Department of Homeland Security Appropriations Act of 2007 (6 U.S.C. 
748).
    (g) Ferry System Exemption.--This section does not apply to any 
ferry for which drills are required to be conducted pursuant to section 
70103 of title 46, United States Code.

SEC. 111. 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 including the 
        development of technology to screen passengers in large numbers 
        at peak commuting times with minimal interference and 
        disruption;
            (2) to test new emergency response and recovery techniques 
        and technologies, including those used at international 
        borders;
            (3) to develop improved railroad technologies, including--
                    (A) technologies for sealing or modifying railroad 
                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;
            (5) to support enhanced security for the transportation of 
        security sensitive materials by railroad;
            (6) to mitigate damages in the event of a cyberattack;
            (7) to assess the vulnerabilities and risks associated with 
        new rail and public transportation construction projects prior 
        to their completion; and
            (8) 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 101; 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, research entities, and universities and 
                institutions of higher education, including 
                Historically Black Colleges or Universities, and 
                Hispanic Serving Institutions or Tribal Universities, 
                with the capability to conduct both practical and 
                theoretical research and technical systems analysis on 
                subjects that include bridge, tunnel, blast, and 
                infrastructure protection;
            (3) carry out any research and development project 
        authorized by this section through a reimbursable agreement 
        with the appropriate agency or entity official, if the agency 
        or entity--
                    (A) is currently sponsoring a research and 
                development project in a similar area; or
                    (B) has a unique facility or capability that would 
                be useful in carrying out the project;
            (4) award grants, cooperative agreements, contracts, other 
        transactions, or reimbursable agreements to the entities 
        described in subsection (c)(2) and shall adopt necessary 
        procedures, including audits, to ensure that awards made under 
        this section are expended in accordance with the purposes of 
        this title and the priorities and other criteria developed by 
        the Secretary; and
            (5) make reasonable efforts to enter into memoranda of 
        understanding, contracts, grants, cooperative agreements, or 
        other transactions with owners and operators of freight and 
        intercity passenger rail and over-the-road bus facilities 
        willing to contribute both physical space and other resources.
    (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and development 
        projects under this section, the Secretary shall consult with 
        the Chief Privacy Officer of the Department and the Officer for 
        Civil Rights and Civil Liberties of the Department as 
        appropriate and in accordance with section 222 of the Homeland 
        Security Act of 2002 (6 U.S.C. 142).
            (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. 112. 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 rail, public transportation, or over-the-road-bus 
        security, which the covered individual reasonably believes 
        constitutes a threat to rail, public transportation, or over-
        the-road-bus security, or which the covered individual 
        reasonably believes constitutes fraud, waste, or mismanagement 
        of Government funds intended to be used for rail, public 
        transportation, or over-the-road-bus security, if the 
        information or assistance is provided to or the investigation 
        is conducted by--
                    (A) by a Federal, State, or local regulatory or law 
                enforcement agency (including an office of the 
                Inspector General under the Inspector 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);
            (2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed or about to be 
        filed relating to an alleged violation of any law, rule, or 
        regulation relating to rail, public transportation, or over-
        the-road bus security; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation relating to rail public 
        transportation, or over-the-road bus security.
    (b) Enforcement Action.--
            (1) In general.--A covered individual who alleges discharge 
        or other discrimination by any person in violation of 
        subsection (a) may--
                    (A) in the case of a covered individual who is 
                employed by the Department or the Department of 
                Transportation, seek relief in accordance with--
                            (i) the provisions of title 5, United 
                        States Code, to the same extent and in the same 
                        manner as if such individual were seeking 
                        relief from a prohibited personnel practice 
                        described in section 2302(b)(8) of such title; 
                        and
                            (ii) the amendments made by section 112A;
                except that, if the disclosure involved consists in 
                whole or in part of classified or sensitive 
                information, clauses (i) and (ii) shall not apply, and 
                such individual may seek relief in the same manner as 
                provided by section 112B;
                    (B) in the case of a covered individual who is a 
                contractor or subcontractor of the Department or the 
                Department of Transportation, seek relief in accordance 
                with section 112B; and
                    (C) in the case of any other covered individual, 
                seek relief in accordance with the provisions of this 
                section, with any petition or other request for relief 
                under this section to be initiated by filing a 
                complaint with the Secretary of Labor.
            (2) Procedure.--
                    (A) In general.--An action under paragraph (1)(C) 
                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)(C) 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)(C) shall be commenced not later than 1 
                year after the date on which the violation occurs.
            (3) De novo review.--With respect to a complaint under 
        paragraph (1)(C), if the Secretary of Labor has not issued a 
        final decision within 180 days after the filing of the 
        complaint (or, in the event that a final order or decision is 
        issued by the Secretary of Labor, whether within the 180-day 
        period or thereafter, then, not later than 90 days after such 
        an order or decision is issued), the covered individual may 
        bring an original 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, and which action shall, at the 
        request of either party to such action, be tried by the court 
        with a jury.
    (c) Remedies.--
            (1) In general.--A covered individual prevailing in any 
        action under subsection (b)(1)(C) shall be entitled to all 
        relief necessary to make the covered individual whole.
            (2) Damages.--Relief in an action under subsection 
        (b)(1)(C) (including an action described in subsection (b)(3)) 
        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 back pay, with interest; and
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees.
            (3) Possible relief.--Relief in an action under subsection 
        (b)(1)(C) may include punitive damages in an amount not to 
        exceed the greater of 3 times the amount of any compensatory 
        damages awarded under this section or $5,000,000.
    (d) Use of State Secrets Privilege.--
            (1) If, in any action for relief sought by a covered 
        individual in accordance with the provisions of subsection 
        (b)(1)(A), (B), or (C), the Government agency moves to withhold 
        information from discovery based on a claim that disclosure 
        would be inimical to national security by asserting the 
        privilege commonly referred to as the ``state secrets 
        privilege'', and if the assertion of such privilege prevents 
        the covered individual from establishing an element in support 
        of the covered individual's claim, the court shall resolve the 
        disputed issue of fact or law in favor of the covered 
        individual, provided that, in an action brought by a covered 
        individual in accordance with the provisions of subsection 
        (b)(1)(A) or (B), an Inspector General investigation under 
        section 112B has resulted in substantial confirmation of that 
        element, or those elements, of the covered individual's claim.
            (2) In any case in which the Government agency asserts the 
        privilege commonly referred to as the ``state secrets 
        privilege'', whether or not an Inspector General has conducted 
        an investigation with respect to the alleged discrimination, 
        the head of the Government agency involved shall, at the same 
        time it asserts the privilege, issue a report to authorized 
        Members of Congress, accompanied by a classified annex if 
        necessary, describing the reasons for the assertion, explaining 
        why the court hearing the matter does not have the ability to 
        maintain the protection of classified information related to 
        the assertion, detailing the steps the agency has taken to 
        arrive at a mutually agreeable settlement with the covered 
        individual, setting forth the date on which the classified 
        information at issue will be declassified, and providing all 
        relevant information about the underlying substantive matter.
    (e) Criminal Penalties.--
            (1) In general.--It shall be unlawful for any person 
        employing a covered individual described in subsection 
        (b)(1)(C) to commit an act prohibited by subsection (a). Any 
        person who willfully violates this section by terminating or 
        retaliating against any such covered individual who makes a 
        claim under this section shall be fined under title 18, United 
        States Code, imprisoned not more than 1 year, or both.
            (2) Reporting requirement.--
                    (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)(C) in which the covered individual was 
                        the prevailing party or the substantially 
                        prevailing party, indicate whether or not any 
                        formal charges under paragraph (1) have been 
                        brought and, if not, the reasons therefor.
    (f) No Preemption.--Nothing in this section, section 112A, or 
section 112B preempts or diminishes any other safeguards against 
discrimination, demotion, discharge, suspension, threats, harassment, 
reprimand, retaliation, or any other manner of discrimination provided 
by Federal or State law.
    (g) Rights Retained by Covered Individual.--Nothing in this 
section, section 112A, or section 112B 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, section 112A and section 112B may 
not be waived by any agreement, policy, form, or condition of 
employment.
    (h) Definitions.--In this section, section 112A and section 112B, 
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 classified 
        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)(C) or (1)(D), 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. 113. 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 600.
    (b) Qualifications.--Surface transportation security inspectors 
hired by the Secretary shall have at least 1 year or equivalent 
experience in conducting inspections and investigations and engaging in 
testing security systems and any other qualifications that the 
Secretary determines appropriate.
    (c) Roles and Responsibilities.--The Secretary, in consultation 
with appropriate State, local, and tribal officials, shall develop a 
standard operating procedure clearly defining the relationship 
between--
            (1) surface transportation security inspectors of the 
        Department and safety inspectors of the Department of 
        Transportation; and
            (2) State, local, and tribal law enforcement officers and 
        other law enforcement personnel, including railroad and public 
        transportation police.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out subsection (a) such sums as 
may be necessary. Such sums shall remain available until expended.

SEC. 114. NATIONAL DOMESTIC PREPAREDNESS 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.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary--
            (1) to at least maintain the funding level of fiscal year 
        2007 for each member of the National Domestic Preparedness 
        Consortium listed in subsection (b) in existence prior to the 
        inclusion of the Transportation Technology Center in the 
        Consortium; and
            (2) in fiscal years 2008 through 2011, increase the funding 
        level for each member of the National Domestic Preparedness 
        Consortium to not less than 3 percent of the amount made 
        available for the preceding fiscal year.

SEC. 115. AUTHORIZATION OF VISIBLE INTERMODAL PROTECTION RESPONSE 
              TEAMS.

    The Secretary, acting through the Administrator of the 
Transportation Security Administration, is authorized to develop 
Visible Intermodal Protection Response (referred to in this section as 
``VIPR'') teams designed to augment security for any mode of 
transportation at any location within the United States. In forming a 
VIPR team, the Secretary--
            (1) may use any asset of the Department, including Federal 
        air marshals, surface transportation security inspectors, 
        canine detection teams, and advanced screening technology;
            (2) has the discretion to determine, consistent with 
        ongoing security threats, when a VIPR should be deployed, as 
        well as the duration of the deployment in coordination with 
        local security and law enforcement officials; and
            (3) prior to deployments, shall consult with local security 
        and law enforcement officials in the jurisdiction where the 
        VIPR Team is planned to deploy, to develop and agree upon the 
        appropriate operating protocols and in order to educate those 
        officials regarding the mission of the VIPR teams.

SEC. 116. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.

    (a) Establishment.--The Secretary shall establish a National 
Transportation Security Center of Excellence at an institution of 
higher education to conduct research and education activities, and to 
develop or provide professional security training, including the 
training of rail and public transportation employees and rail and 
public transportation-related professionals, with emphasis on 
utilization of intelligent transportation systems, technologies, and 
architectures.
    (b) Criteria.--The Secretary shall select an institution of higher 
education to operate the National Transportation Security Center of 
Excellence according to the following selection criteria:
            (1) The demonstrated commitment of the institution to 
        transportation security issues.
            (2) The use of and experience with partnerships with other 
        institutions of higher education, Federal laboratories, or 
        other nonprofit laboratories.
            (3) Capability to conduct both practical and theoretical 
        research and technical systems analysis.
            (4) Utilization of intelligent transportation system 
        technologies and architectures.
            (5) Ability to develop professional security training 
        programs.
            (6) Capability and willingness to conduct education of 
        transportation security professionals.
            (7) Such other criteria as the Secretary may designate.
    (c) Consortium.--
            (1) Consortium.--The institution of higher education 
        selected under subsection (b) shall execute agreements with 
        other institutions of higher education to develop a consortium 
        to assist in accomplishing the goals of the Center.
            (2) Experience.--The consortium shall include universities 
        and institutions of higher education that have existing 
        transportation programs.
            (3) Certain inclusions.--At least two of the consortium 
        colleges and universities associated with the National 
        Transportation Security Center of Excellence shall be an 
        Historically Black College or University, an Hispanic Serving 
        Institution, or Tribal University, even if the primary 
        institution is one of the aforementioned institutions of higher 
        education.
            (4) Degree program.--Of the universities selected under 
        paragraph (2), at least one shall have an established degree 
        and an advanced degree program in transportation studies.
    (d) Training.--If the consortium does not include the National 
Transit Institute, the consortium shall work with the National Transit 
Institute on training programs.
    (e) Funding.--The Secretary shall provide such funding as is 
necessary to the National Transportation Security Center of Excellence 
established under subsection (a) to carry out this section.

SEC. 117. TSA PERSONNEL LIMITATIONS.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration does not apply to employees 
carrying out this Act.

SEC. 118. HOMELAND SECURITY GRANTS.

    Notwithstanding any provision of this Act, all grants distributed 
for security-related purposes pursuant to this Act, shall be 
administered on the basis of risk.

SEC. 119. THREAT ASSESSMENT SCREENING.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary shall implement a threat assessment screening 
program, including name-based checks against terrorist watch lists and 
immigration status check, for all employees of covered transportation, 
that is the same as the threat assessment screening program required 
for facility employees and longshoremen by the Commandant of the Coast 
Guard under Coast Guard Notice USCG-2006-24189 (71 Fed. Reg. 25066 
(Friday, April 28, 2006)).

SEC. 120. BACKGROUND CHECKS FOR COVERED INDIVIDUALS.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Background checks.--The term ``background check'' means 
        a check of the following:
                    (A) Relevant criminal history databases.
                    (B) In the case of an alien (as defined in the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), 
                the relevant databases to determine the status of the 
                alien under the immigration laws of the United States.
            (2) Covered individuals.--The term ``covered individual'' 
        means an employee of--
                    (A) an employer, within the meaning of section 
                701(b) of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e(b)), who is a provider of covered transportation; 
                or
                    (B) a contractor or subcontractor of such an 
                employer.
    (b) Redress Process.--If a provider of covered transportation 
conducts background checks in order to satisfy any rules, regulations, 
directives, or other guidance issued by the Secretary to protect 
covered transportation from the threat of terrorism, the provider of 
covered transportation shall provide an adequate redress process.
    (c) Standards for Redress Process.--
            (1) In general.--The Secretary shall ensure that each 
        provider of covered transportation implements a redress process 
        in accordance with subsection (b) for covered individuals 
        adversely impacted by a background check described in 
        subsection (b).
            (2) Standards.--The redress process shall be modeled after 
        the appeals and waiver process established for hazmat drivers 
        and transportation workers at ports, as required by section 
        1515 of title 49, Code of Federal Regulations.
            (3) Components.--The redress process shall include the 
        following:
                    (A) A waiver process that will allow a covered 
                individual to demonstrate, through rehabilitation, or 
                facts surrounding the conviction or other mitigating 
                factors, that the individual is not a security risk.
                    (B) An appeal process during which a covered 
                individual will have an opportunity to demonstrate that 
                the individual does not have a disqualifying conviction 
                either by--
                            (i) correcting outdated underlying court 
                        records;
                            (ii) proving mistaken identity; or
                            (iii) establishing that the conviction 
                        cannot serve as the basis for an adverse 
                        employment decision in accordance with the 
                        limitations contained in subsection (d).
                    (C) A proceeding providing an independent review.
                    (D) A process to ensure compliance with the 
                requirements of this section.
            (4) Proceedings providing an independent review.--A covered 
        individual who requests a proceeding under paragraph (3)(C) 
        shall have the right to have waiver and appeal decisions heard 
        by an independent decisionmaker with the ability to order 
        reinstatement expeditiously or provide other remedy.
            (5) Previous background checks.--A covered individual 
        subjected to and adversely affected by a background check 
        conducted by a provider of covered transportation (or a 
        contractor or subcontractor of such a provider), in the period 
        beginning on June 23, 2006, and ending on the date of enactment 
        of this Act, to satisfy any rules, regulations, directives, or 
        other guidance issued by the Secretary to protect covered 
        transportation from the threat of terrorism shall have an 
        immediate right to a proceeding with an independent 
        decisionmaker to determine if the adverse action was in 
        compliance with this section and shall have a right to 
        immediate reinstatement or other remedy if the background check 
        fails to comply with this section.
    (d) Limitations.--
            (1) In general.--Subject to paragraph (2), if an employer 
        performs background checks to satisfy any rule, regulation, 
        directive, or other guidance issued by the Secretary regarding 
        background checks of covered individuals, the employer shall be 
        prohibited from making an adverse employment decision, 
        including removal or suspension, with respect to a covered 
        individual based on--
                    (A) a felony conviction that occurred 7 or more 
                years ago;
                    (B) a conviction of any offense for which the 
                individual was released from incarceration 5 or more 
                years ago; or
                    (C) any felony not listed in section 1572.103 of 
                title 49, Code of Federal Regulations.
            (2) Exceptions.--The limitations contained in paragraph (1) 
        shall not apply to a covered individual who has been convicted 
        of any of the following:
                    (A) Treason (or conspiracy to commit treason).
                    (B) Espionage (or conspiracy to commit espionage).
                    (C) Sedition (or conspiracy to commit sedition).
                    (D) Any crime listed in chapter 113B of title 18, 
                United States Code (or conspiracy to commit such a 
                crime).
    (e) No Preemption of Federal or State Law.--Nothing in this section 
shall be construed as preempting a Federal, State, or local law that 
requires criminal history background checks of covered employees.
    (f) Statutory Construction.--Nothing in this section shall be 
construed to affect the process for review established under section 
70105(c) of title 46, United States Code, including regulations issued 
pursuant to such section.

SEC. 121. TASK FORCE ON DISQUALIFYING CRIMES.

    (a) Establishment.--The Secretary shall establish a task force to 
review the lists of crimes that disqualify individuals from certain 
transportation-related employment under current regulations of the 
Transportation Security Administration and assess whether such lists of 
crimes are accurate indicators of a terrorism security risk.
    (b) Membership.--The task force shall be composed of 
representatives of appropriate industries, including representatives of 
nonprofit employee labor organizations, and Federal agencies.
    (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall transmit to the Secretary and Congress a 
report containing the results of the review, including recommendations 
for a common list of disqualifying crimes and the rationale for the 
inclusion of each crime on the list.

SEC. 122. PENALTIES.

    (a) Regulations and Orders of the Secretary.--Section 114 of title 
49, United States Code, is amended by adding at the end the following:
    ``(u) General 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 of 
                Homeland Security 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 to request 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.--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''.

SEC. 123. SCHOOL BUS TRANSPORTATION SECURITY.

    (a) School Bus Security Threat Assessment.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall transmit 
to the appropriate congressional committees, a report, including a 
classified report, as appropriate, containing a comprehensive threat 
assessment of the threat of a terrorist attack on the Nation's school 
bus transportation system in accordance with the requirements of this 
section.
    (b) Contents of Threat Assessment.--The assessment shall include--
            (1) an assessment of the Nation's school bus transportation 
        system, including publicly and privately operated systems;
            (2) the security threats to the assets and systems;
            (3) an assessment of actions already taken by operators to 
        address identified security vulnerabilities by both private and 
        publicly operated systems;
            (4) an assessment of additional actions and investments 
        necessary to improve the security of the Nation's school 
        children traveling on school buses;
            (5) an assessment of whether additional legislation or 
        Federal programs are needed to provide for the security of 
        children traveling on school buses; and
            (6) an assessment of the psychological and economic impacts 
        of an attack on school buses.
    (c) Consultation.--In conducting the threat assessment, the 
Secretary shall consult with administrators and officials of school 
systems, representatives of the school bus industry, including both 
public and privately operated systems, public safety and law 
enforcement officials, and nonprofit employee labor organizations 
representing school bus drivers.

SEC. 124. ENHANCED SECURITY MEASURES FOR SHIPMENTS OF SECURITY 
              SENSITIVE MATERIALS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall issue regulations to require enhanced security 
measures for shipments of security sensitive materials.
    (b) Definitions.--
            (1) Security sensitive material.--The Secretary shall 
        designate a material, or a group or class of material, in a 
        particular amount and form as security sensitive when the 
        Secretary determines that transporting the material in commerce 
        poses a significant risk to national security due to the 
        potential use of the material in an act of terrorism. In making 
        such a designation, the Secretary shall consider the following:
                    (A) A highway route-controlled quantity of a Class 
                7 (radioactive) material, as defined in section 173.403 
                of title 49, Code of Federal Regulations, in a motor 
                vehicle, railroad car, or freight container.
                    (B) More than 25 kilograms (55 pounds) of a 
                division 1.1, 1.2, or 1.3 explosive, as defined in 
                section 173.50 of title 49, Code of Federal 
                Regulations, in a motor vehicle, rail car, or freight 
                container.
                    (C) More than one liter (1.06 quart) per package of 
                a material poisonous by inhalation, as defined in 
                section 171.8 of title 49, Code of Federal Regulations, 
                that meets the criteria for hazard zone A, as specified 
                in section 173.116(a) or section 173.133(a) of title 
                49, Code of Federal Regulations.
                    (D) A shipment of a quantity of hazardous materials 
                in a bulk packaging having a capacity equal to or 
                greater than 13,248 liters (3,500 gallons) for liquids 
                or gases or more than 13.24 cubic meters (68 cubic 
                feet) for solids.
                    (E) A shipment in other than a bulk packaging of 
                2,268 kilograms (5,000 pounds) gross weight or more of 
                one class of hazardous materials for which placarding 
                of a vehicle, rail car, or freight container is 
                required for that class under the provisions of section 
                172.521B of title 49, Code of Federal Regulations.
                    (F) A select agent or toxin regulated by the 
                Centers for Disease Control and Prevention under part 
                73 of title 42, Code of Federal Regulations.
                    (G) A quantity of hazardous material that requires 
                placarding under the provisions of subpart F of part 
                172 of title 49, Code of Federal Regulations.
            (2) Area of concern.--For purposes of this section, the 
        term ``area of concern'' means a geographic region designated 
        by the Secretary as commanding special consideration with 
        respect to the security of the transportation of security 
        sensitive materials, which shall include high threat urban 
        areas as determined by the Secretary.
            (3) Storage pattern.--The term ``storage pattern'' is 
        defined as the conditions of storage, including--
                    (A) location of cars in railroad yards or on 
                railroad-controlled leased tracks;
                    (B) type of storage (such as bulk transfer or not);
                    (C) typical types and numbers of security sensitive 
                material cars stored in close proximity (in ranges);
                    (D) population density;
                    (E) average length of time cars are stored, 
                attended or unattended; and
                    (F) security measures present, including physical 
                security measures, secure handoffs and nearest 
                available safe havens for storage in case of heightened 
                threat conditions.
            (4) Most secure.--The term ``most secure route or storage 
        pattern'' means the route or storage pattern that best reduces 
        the risk, including consequences, of a terrorist attack on a 
        shipment of security sensitive material that is transported 
        through or near an area of concern.
    (c) Compilation of Route and Storage Pattern Information for 
Railroad Carriers Transporting Security Sensitive Materials.--Not later 
than 90 days after the end of each calendar year, a railroad carrier 
shall compile commodity data by route and storage pattern, a line 
segment or series of line segments as aggregated by the railroad 
carrier. Within the railroad carrier selected route, the commodity data 
shall identify the geographic location of the route and storage pattern 
and the total number of shipments by United Nations identification 
number for security sensitive materials and storage patterns along the 
routes.
    (d) Rail Transportation Route and Storage Pattern Analysis for 
Security Sensitive Materials.--For each calendar year, a railroad 
carrier shall provide a written analysis of the security risks for the 
transportation routes and storage patterns, identified in the commodity 
data collected as required by subsection (c). The security risks 
present shall be analyzed for the route, railroad facilities, railroad 
storage facilities, private storage facilities, and areas of concern 
along or in proximity to the route.
    (e) Alternative Route and Storage Pattern Analysis for Security 
Sensitive Materials.--
            (1) By the end of each calendar year, a railroad carrier 
        shall--
                    (A) identify to the Department practical 
                alternative routes and storage patterns that will avoid 
                areas of concern for each of the transportation routes 
                or facilities it used to ship or store security 
                sensitive materials through or near areas of concern in 
                the last calendar year; and
                    (B) perform a security risk assessment of the 
                alternative route or storage pattern for comparison to 
                the route and storage pattern analysis specified in 
                subsection (d).
            (2) The analysis shall include the following:
                    (A) Identification of security risks for 
                alternative route or storage pattern.
                    (B) Comparison of those risks identified in 
                subparagraph (A) to the primary rail transportation 
                route or storage pattern.
            (3) railroad carriers transporting security sensitive 
        materials must consider the availability of interchange 
        agreements or systems of tracks and facilities owned by other 
        operators when determining whether an alternate route for 
        transporting the security sensitive materials to avoid areas of 
        concern is practical.
            (4) An alternate route or storage facility that will avoid 
        an area of concern may be considered by the railroad carrier to 
        be impractical if the shipment originates in or is destined for 
        the area of concern, or if there would be no harm beyond the 
        property of the railroad carrier transporting the shipment or 
        storage facility storing the shipment in the event of a 
        successful terrorist attack on the shipment.
    (f) Alternative Route and Storage Pattern Selection for Security 
Sensitive Materials.--A railroad carrier shall use the analysis 
required by subsections (d) and (e) to select the most secure route and 
storage pattern to be used in moving the materials specified in 
subsection (b).
    (g) Review.--Not less than once every 5 years, the analyses route 
and storage pattern selection determinations required under subsections 
(c), (d), (e), and (f) shall include a comprehensive, system-wide 
review of all operational changes, infrastructure modifications, 
traffic adjustments, changes in the nature of the areas of concern 
located along or in proximity to the route, or other changes affecting 
the security of the movements of the materials specified in subsection 
(b) of this section that were implemented during the 5-year period.

SEC. 125. TECHNOLOGY STANDARDS AND CLEARINGHOUSE TO IMPROVE SECURITY OF 
              COVERED TRANSPORTATION.

    (a) In General.--The Secretary, acting through the Under Secretary 
for Science and Technology and the Director of the Domestic Nuclear 
Detection Office (for radiological and nuclear detection technologies 
and training), in consultation with the Director of the National 
Institute of Standards and Technology and other appropriate Federal 
agencies, as appropriate, shall establish a standards program to 
support the development, promulgation, and updating as necessary of 
national voluntary consensus standards for performance, testing, use, 
and training with respect to technologies that will improve the 
security of covered transportation in order to meet the security plan 
requirements under section 103(d)(1) and the security performance 
requirements under section 103(f).
    (b) Equipment Standards.--
            (1) Requirements.--The standards for the performance, use, 
        and validation of equipment developed under subsection (a) 
        shall be designed to assist Federal, State, local, and tribal 
        government and nongovernment emergency response providers, 
        other components of the Department, providers of covered 
        transportation, shippers of hazardous material, manufacturers 
        of railroad and transit cars, transportation and public safety 
        officials, and other relevant stakeholders in acquiring and 
        implementing technologies to prevent, prepare for, mitigate 
        against, and respond to acts of terrorism on covered 
        transportation. Such standards--
                    (A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                    (B) shall take into account, as appropriate, new 
                types of terrorism threats which may target covered 
                transportation and responsibilities of the Department 
                that may not have been contemplated when such existing 
                standards were developed;
                    (C) shall focus on maximizing interoperability, 
                interchangeability, durability, flexibility, 
                efficiency, efficacy, portability, sustainability, and 
                safety;
                    (D) shall facilitate deployment of the systems to 
                the field and include concept of operations;
                    (E) shall consider human factors science; and
                    (F) shall cover all appropriate uses of the 
                equipment.
            (2) Categories of equipment.--In carrying out paragraph 
        (1), the Secretary shall specifically consider national 
        voluntary consensus standards for the performance, use, and 
        validation of the following categories of equipment:
                    (A) Physical security equipment, including 
                surveillance cameras, alarm systems, access/intrusion 
                control, motion detection, barriers such as fences, 
                impact resistant doors, bomb-resistant trash 
                receptacles, and personnel and vehicle identification 
                systems.
                    (B) Interoperable communications equipment, 
                including wireless and wireline voice, video, and data 
                networks.
                    (C) Information technology, including position 
                locating and tracking systems.
                    (D) Cybersecurity equipment, including biometric 
                authentication systems, network and personal firewalls 
                and other authentication technologies.
                    (E) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                    (F) Operational and search and rescue equipment, 
                including canines and scene control and safety 
                equipment such as first aid kits.
                    (G) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                    (H) Chemical, biological, radiological, and nuclear 
                detection equipment.
                    (I) Decontamination equipment.
                    (J) Noninvasive inspection and screening systems.
                    (K) Medical and pharmaceutical supplies.
                    (L) Other terrorism incident prevention equipment.
                    (M) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate to improve the security of covered 
                transportation.
            (3) Certification and accreditation.--The Secretary, in 
        carrying out this subsection, and in coordination with the 
        Director of the National Institute of Standards and Technology, 
        may support the certification of equipment and the 
        accreditation of laboratories to conduct testing and 
        evaluation.
    (c) Training Standards.--
            (1) Requirements.--The standards for the training developed 
        under subsection (a) shall be designed to enable Federal, 
        State, local, and tribal government and nongovernment emergency 
        response providers, other Department personnel, providers of 
        covered transportation, shippers of hazardous material, 
        manufacturers of railroad and transit cars, transportation and 
        public safety officials, and other relevant stakeholders to use 
        equipment effectively and appropriately in carrying out their 
        responsibilities to secure covered transportation. Such 
        standards shall prioritize--
                    (A) enabling appropriate stakeholders to prevent, 
                prepare for, respond to, mitigate against, and recover 
                from terrorist threats on covered transportation, 
                including threats from chemical, biological, 
                radiological, and nuclear weapons and explosive devices 
                capable of inflicting significant human casualties, and 
                other potentially catastrophic emergencies; and
                    (B) familiarizing appropriate stakeholders with the 
                proper use of equipment, including the capabilities and 
                limitations of equipment and conditions in which the 
                equipment is expected to operate.
            (2) Categories of activities.--In carrying out paragraph 
        (1), the Secretary specifically shall include the following 
        categories of activities:
                    (A) Regional planning.
                    (B) Joint exercises.
                    (C) Information analysis and sharing.
                    (D) Decision making protocols for incident response 
                and alarms.
                    (E) Emergency notification of affected populations.
                    (F) Detection of biological, nuclear, radiological, 
                and chemical weapons of mass destruction.
                    (G) Screening and patrolling procedures.
                    (H) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
            (3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that training standards are consistent 
        with the principles of all hazards emergency preparedness.
    (d) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for equipment and training under 
this section, the Secretary shall consult with relevant public and 
private sector groups, including--
            (1) the National Institute of Standards and Technology;
            (2) the American Public Transportation Association;
            (3) the National Fire Protection Association;
            (4) the National Association of County and City Health 
        Officials;
            (5) the Association of American Railroads;
            (6) the American Bus Association;
            (7) the Association of State and Territorial Health 
        Officials;
            (8) the American National Standards Institute;
            (9) the National Institute of Justice;
            (10) the Inter-Agency Board for Equipment Standardization 
        and Interoperability;
            (11) the National Public Health Performance Standards 
        Program;
            (12) the National Institute for Occupational Safety and 
        Health;
            (13) ASTM International;
            (14) the International Safety Equipment Association;
            (15) the Emergency Management Accreditation Program;
            (16) nonprofit employee labor organizations; and
            (17) to the extent the Secretary considers appropriate, 
        other national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
    (e) Technology Clearinghouse to Enhance the Security of Covered 
Transportation.--
            (1) In general.--The Secretary shall utilize the Technology 
        Clearinghouse established under section 313 of the Homeland 
        Security Act of 2002 (6 U.S.C. 193) to facilitate the 
        identification, acquisition, and deployment of technology, 
        equipment, and training for use by Federal, State, local, and 
        tribal agencies, emergency response providers, other components 
        of the Department, providers of covered transportation, 
        shippers of hazardous material, manufacturers of railroad and 
        transit cars, transportation and public safety officials, and 
        other relevant stakeholders to prevent, prepare for, mitigate 
        against, respond to, or recover from acts of terrorism on 
        covered transportation.
            (2) Elements of the technology clearinghouse.--Activities 
        in carrying out paragraph (1) shall include--
                    (A) identifying available technologies that have 
                been, or are in the process of being, developed, 
                tested, evaluated, or demonstrated by the Department, 
                other Federal agencies, the private sector, or foreign 
                governments and international organizations, and 
                reviewing whether such technologies may be useful in 
                assisting appropriate stakeholders to prevent, prepare 
                for, mitigate against, respond to, or recover from acts 
                of terrorism on covered transportation; and
                    (B) communicating to Federal, State, local, and 
                tribal agencies, emergency response providers, other 
                components of the Department, providers of covered 
                transportation, shippers of hazardous material, 
                manufacturers of railroad and transit cars, 
                transportation and public safety officials, and other 
                relevant stakeholders the availability of such 
                technologies, as well as--
                            (i) the technology's specifications and 
                        concept of operations;
                            (ii) satisfaction of appropriate equipment 
                        and training standards developed under 
                        subsections (a) and (b);
                            (iii) relevant grants available from the 
                        Department to purchase or train with such 
                        technologies; and
                            (iv) whether the Secretary has designated a 
                        product, equipment, service, device, or 
                        technology under subparagraph (A) as a 
                        qualified antiterrorism technology pursuant to 
                        the Support Anti-terrorism by Fostering 
                        Effective Technologies Act of 2002 (6 U.S.C. 
                        441 et seq.).
            (3) Coordination.--The Secretary shall ensure that the 
        technology clearinghouse activities conducted through the Under 
        Secretary for Science and Technology are coordinated with 
        appropriate components of the Department including the Domestic 
        Nuclear Detection Office, the Transportation Security 
        Administration, the Office of Infrastructure Protection, the 
        Office of Grants and Training, and the Federal Emergency 
        Management Agency.
            (4) Agreements.--The Secretary may enter into memoranda of 
        understandings or agreements with other Federal agencies, 
        foreign governments, and national and international 
        organizations as appropriate, in order to maximize the 
        availability of such technologies and information through the 
        Technology Clearinghouse.
    (f) Savings Provision.--An action of the Secretary or the Secretary 
of Transportation under this Act is not an exercise, under section 
4(b)(1) of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
653(b)(1)), of statutory authority to prescribe or enforce standards or 
regulations affecting occupational safety or health.

SEC. 126. RAIL TANK CAR SECURITY TESTING.

    (a) Rail Tank Car Vulnerability Assessment.--
            (1) Assessment.--The Secretary and the Secretary of 
        Transportation shall jointly assess the likely methods of a 
        deliberate attack against a rail tank car used to transport 
        toxic-inhalation-hazard materials, and for each method 
        assessed, the degree to which it may be successful in causing 
        death, injury, or serious adverse effects to human health, the 
        environment, critical infrastructure, national security, the 
        national economy, or public welfare.
            (2) Threats.--In carrying out paragraph (1), the Secretary 
        and the Secretary of Transportation shall jointly consider the 
        most current threat information as to likely methods of a 
        successful attack on a rail tank car transporting toxic-
        inhalation-hazard materials, and may consider the following:
                    (A) An improvised explosive device placed along the 
                tracks.
                    (B) An improvised explosive device attached to the 
                rail car.
                    (C) The use of shoulder-fired missiles.
                    (D) The use of rocket propelled grenades.
                    (E) The use of mortars or high-caliber weapons.
            (3) Physical testing.--In developing the assessment 
        required under paragraph (1), the Secretary and the Secretary 
        of Transportation shall conduct physical testing of the 
        vulnerability of rail tank cars used to transport toxic-
        inhalation-hazard materials to different methods of a 
        deliberate attack, using technical information and criteria to 
        evaluate the structural integrity of railroad tank cars.
            (4) Report.--Not later than 30 days after the completion of 
        the assessment under paragraph (1), the Secretary shall provide 
        to the appropriate congressional committees a report, in the 
        appropriate format, on such assessment.
    (b) Rail Tank Car Dispersion Modeling.--
            (1) In general.--The Secretary, acting through the National 
        Infrastructure Simulation and Analysis Center, shall conduct 
        air dispersion modeling analysis of a release of the contents 
        of a single rail tank car of toxic-inhalation-hazard materials 
        in at least three high-threat urban areas in the United States.
            (2) Considerations.--The analysis under this subsection 
        shall take into account the following considerations:
                    (A) A deliberate attack on a rail tank car 
                transporting toxic-inhalation-hazard materials, 
                including the most likely means of attack and the 
                resulting dispersal rate.
                    (B) Different times of day, to account for 
                differences in population size and density in the urban 
                area, as well as differences in cloud coverage over the 
                affected regions.
                    (C) Historically accurate wind speeds, temperatures 
                and directions.
                    (D) The difference between a rail tank car in 
                motion and a stationary rail tank car.
                    (E) Emergency response procedures by local 
                officials, including the availability of medical 
                countermeasures to treat exposures to toxic-inhalation-
                hazard materials.
                    (F) Any other considerations the Secretary believes 
                would develop an accurate, plausible dispersion model 
                for toxic-inhalation-hazard materials released from a 
                rail tank car as a result of a terrorist act.
            (3) Consultation.--In conducting the dispersion modeling 
        under paragraph (1), the Secretary and the Secretary of 
        Transportation shall consult with the appropriate State, local, 
        and tribal officials of the high-threat urban area selected, 
        and with other Federal agencies as appropriate.
            (4) Information sharing.--Upon completion of the analysis 
        required under paragraph (1), the Secretary shall share the 
        information developed with the appropriate stakeholders within 
        each high-threat urban area selected, given appropriate 
        information protection provisions as may be required by the 
        Secretary.
            (5) Report.--Not later than 30 days after completion of all 
        dispersion analyses under paragraph (1), the Secretary shall 
        submit to the appropriate congressional committees a report 
        detailing the Secretary's conclusions and findings in an 
        appropriate format.

SEC. 127. RAIL RADIOLOGICAL AND NUCLEAR DETECTION.

    (a) Prototype.--Not later than one year after the date of enactment 
of this Act, the Domestic Nuclear Detection Office shall begin testing 
and evaluation of prototype systems to detect nuclear or radiological 
materials in rail security venues, including spectroscopic 
technologies.
    (b) Strategy.--Upon successful developmental testing and evaluation 
of such radiation detection technologies at Domestic Nuclear Detection 
Office test facilities, as well as extensive testing and evaluation in 
operational environments, the Domestic Nuclear Detection Office shall, 
in coordination with Customs and Border Protection and the 
Transportation Security Administration, ensure appropriate training, 
operations, and response protocols are established and, shall develop a 
deployment strategy to detect nuclear or radiological materials 
arriving in or transporting through the United States by rail. Such 
strategy shall consider the integration of radiation detection 
technologies with other nonintrusive inspection technologies, including 
imagery and density scanning, in order to utilize existing rail 
examination facilities and further strengthen border security.
    (c) Report to Congress.--Not later than September 30, 2008, the 
Domestic Nuclear Detection Office shall transmit to Congress a report. 
Such report shall--
            (1) describe the progress of testing and evaluation under 
        subsection (a); and
            (2) in coordination with U.S. Customs and Border Protection 
        and the Transportation Security Administration, describe the 
        development of a strategy under subsection (b).
    (d) Implementation.--The Domestic Nuclear Detection Office, U.S. 
Customs and Border Protection, and the Transportation Security 
Administration shall begin implementation of the strategy developed 
under subsection (b) after verification of systems performance.

SEC. 128. REQUIREMENT TO PROVIDE PREFERENCE TO QUALIFIED ANTI-TERRORISM 
              TECHNOLOGIES.

    (a) Preference.--In using grant funds provided under this Act to 
purchase products, equipment, services, devices, or technologies to be 
employed in the implementation of any security plan required under this 
Act, a grant recipient should, to the extent practicable, give 
preference to products, equipment, services, devices, and technologies 
that the Secretary has designated as qualified anti-terrorism 
technologies under the Support Anti-terrorism by Fostering Effective 
Technologies Act of 2002 (subtitle G of title VIII of the Homeland 
Security Act of 2002; 6 U.S.C. 441 et seq.), if the grant recipient 
determines that such a product, equipment, service, device, or 
technology meets or exceeds the requirements of the security plan.
    (b) Savings Provision.--Nothing in this section shall affect grant 
recipient requirements pursuant to section 5323(j) of title 49, United 
States Code, section 24305(f) of title 49, United States Code, and the 
Buy American Act (41 U.S.C. 10).

SEC. 129. PROMOTING LIABILITY PROTECTIONS FOR PROVIDERS OF COVERED 
              TRANSPORTATION AND RELATED TECHNOLOGIES.

    The Secretary shall work with providers of covered transportation 
to identify for procurement products, equipment, services, devices, and 
technologies to be employed in the implementation of security plans 
required under this Act, that are designated by the Secretary as 
qualified anti-terrorism technologies under the Support Anti-terrorism 
by Fostering Effective Technologies Act of 2002 (subtitle G of title 
VIII of the Homeland Security Act of 2002; 6 U.S.C. 441 et seq.) or may 
otherwise be eligible for liability protections.

SEC. 130. INTERNATIONAL RAIL SECURITY PROGRAM.

    (a) Non-Intrusive Inspection Equipment.--For the purpose of 
checking in-bound rail shipments to the United States for terrorists or 
weapons, including weapons of mass destruction, the Secretary shall--
            (1) deploy, where practicable, non-intrusive inspection 
        imaging equipment at locations where rail shipments cross an 
        international border to enter the United States; or
            (2) implement alternative procedures to check such rail 
        shipments at locations where the deployment of non-intrusive 
        inspection imaging equipment is determined to not be 
        practicable.
    (b) Advanced Filing of Security Data.--
            (1) In general.--The Secretary shall--
                    (A) identify and seek the submission of additional 
                data elements for improved high-risk targeting related 
                to the movement of cargo through the international 
                supply chain utilizing a railroad prior to importation 
                into the United States; and
                    (B) analyze the data provided pursuant to in 
                paragraph (1) to identify high-risk cargo for 
                inspection.
            (2) International supply chain defined.--For purposes of 
        this subsection, the term ``international supply chain'' means 
        the end-to-end process for shipping goods to or from the United 
        States beginning at the point of origin (including 
        manufacturer, supplier, or vendor) through a point of 
        distribution to the destination.
    (c) Use of Transportation Data.--In carrying out this subsection, 
the Secretary shall make use of data collected and maintained by the 
Secretary of Transportation.

SEC. 131. TERRORIST WATCHLIST AND IMMIGRATION STATUS REVIEW AT HIGH-
              RISK TRANSPORTATION SITES.

    In carrying out section 119, the Secretary shall require each 
provider of covered transportation, including contractors and 
subcontractors, assigned to a high-risk tier under section 102 to 
submit the names of their employees to the Secretary to conduct checks 
of their employees against available terrorist watchlists and 
immigration status databases.

SEC. 132. REVIEW OF GRANT-MAKING EFFICIENCY.

    (a) Annual Study.--The Comptroller General of the United States 
shall conduct an annual study for each of the first 3 years after the 
enactment of this title regarding the administration and use of the 
grants awarded under sections 105, 106, and 107 of this title, 
including--
            (1) the efficiency of the division of the grant-making 
        process, including whether the Department of Transportation's 
        role in distributing, auditing, and monitoring the grant funds 
        produces efficiency compared to the consolidation of these 
        responsibilities in the Department of Homeland Security;
            (2) whether the roles of the Department of Homeland 
        Security and the Department of Transportation in the 
        administration of the grants permit the grants to be awarded 
        and used in a timely and efficient manner and according to 
        their intended purposes;
            (3) the use of grant funds, including whether grant funds 
        are used for authorized purposes.
    (b) Report.--The Comptroller General of the United States shall 
submit an annual report to the appropriate congressional committees on 
the results of the study for each of the first 3 years after enactment 
of this title, including any recommendations for improving the 
administration and use of the grant funds awarded under sections 105, 
106, and 107.

SEC. 133. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY AND THE 
              DEPARTMENT OF TRANSPORTATION.

    The Secretary of Homeland Security is the principal Federal 
official responsible for transportation security. The roles and 
responsibilities of the Department of Homeland Security and the 
Department of Transportation in carrying out sections 101, 103, 104, 
105, 106, 107, 109, 110, 111, 113, 123, 124, 125, 126, 127, 128, 129, 
130, 131, and 201 of this Act are the roles and responsibilities of 
such Departments pursuant to the Aviation and Transportation Security 
Act (Public Law 107-71); the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108-458); the National 
Infrastructure Protection Plan required by Homeland Security 
Presidential Directive 7; Executive Order 13416: Strengthening Surface 
Transportation Security, dated December 5, 2006; the Memorandum of 
Understanding between the Department and the Department of 
Transportation on Roles and Responsibilities, dated September 28, 2004; 
the Annex to the Memorandum of Understanding between the Department and 
the Department of Transportation on Roles and Responsibilities 
concerning Railroad Security, dated September 28, 2006; the Annex to 
the Memorandum of Understanding between the Department and the 
Department of Transportation on Roles and Responsibilities concerning 
Public Transportation Security, dated September 8, 2005; and any 
subsequent agreements between the Department of Homeland Security and 
the Department of Transportation.

SEC. 134. ASSESSMENT AND REPORT.

    (a) Study.--The Secretary, in coordination with the Secretary of 
Transportation, shall assess the safety and security vulnerabilities of 
placing high voltage direct current electric transmission lines along 
active railroad rights-of-way. In conducting the assessment, the 
Secretary shall, at a minimum, evaluate the risks to local inhabitants 
and to consumers of electric power transmitted by those lines, 
associated with a train collision or derailment that damages such 
electric transmission lines.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall transmit the results of the assessment in 
subsection (a) to the appropriate congressional committees as defined 
in this Act.

SEC. 135. STUDY OF FOREIGN RAIL SECURITY PRACTICES.

    The Secretary shall--
            (1) study select foreign rail security practices, and the 
        cost and feasibility of implementing selected best practices 
        that are not currently used in the United States, including--
                    (A) implementing covert testing processes to 
                evaluate the effectiveness of rail system security 
                personnel;
                    (B) implementing practices used by foreign rail 
                operators that integrate security into infrastructure 
                design;
                    (C) implementing random searches or screening of 
                passengers and their baggage; and
                    (D) establishing and maintaining an information 
                clearinghouse on existing and emergency security 
                technologies and security best practices used in the 
                passenger rail industry both in the United States and 
                abroad; and
            (2) report the results of the study, together with any 
        recommendations that the Secretary may have for implementing 
        covert testing, practices for integrating security in 
        infrastructure design, random searches or screenings, and an 
        information clearinghouse to the Committee on Homeland Security 
        and Governmental Affairs of the Senate, the Committee on 
        Homeland Security of the House of Representatives, the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, and the Committee on Transportation and Infrastructure 
        of the House of Representatives not later than 1 year after the 
        date of enactment of this Act.

SEC. 136. ALTERNATIVE MATERIAL SOURCES.

    The Secretary of Transportation, in consultation with the 
Secretary, shall establish a program to coordinate with State and local 
governments to minimize the need for transportation of toxic inhalation 
hazardous materials by rail.

SEC. 137. IMMUNITY FOR REPORTING SUSPICIOUS ACTIVITIES AND MITIGATING 
              TERRORIST THREATS RELATING TO TRANSPORTATION SECURITY.

    (a) Immunity for Reporting Suspicious Behavior.--Any person who 
makes or causes to be made a voluntary disclosure of any suspicious 
transaction, activity or occurrence indicating that an individual may 
be engaging or preparing to engage in a matter described in subsection 
(b) to any employee or agent of the Department of Homeland Security, 
the Department of Transportation, the Department of Justice, any 
Federal, State, or local law enforcement officer, any transportation 
security officer, or to any employee or agent of a transportation 
system shall be immune from civil liability to any person under any law 
or regulation of the United States, any constitution, law, or 
regulation of any State or political subdivision of any State, for such 
disclosure.
    (b) Covered Disclosures.--The matter referred to in subsection (a) 
is a possible violation or attempted violation of law or regulation 
relating--
            (1) to a threat to transportation systems or passenger 
        safety or security; or
            (2) to an act of terrorism, as defined in section 3077 of 
        title 18, United States Code, that involves or is directed 
        against transportation systems or passengers.
    (c) Immunity for Mitigation of Threats.--Any person, including an 
owner, operator or employee of a transportation system, who takes 
reasonable action to mitigate a suspicious matter described in 
subsection (b) shall be immune from civil liability to any person under 
any law or regulation of the United States, any constitution, law, or 
regulation of any State or political subdivision of any State, for such 
action.
    (d) Limitation on Application.--Subsection (a) shall not apply to a 
statement or disclosure by a person that, at the time it is made, is 
known by the person to be false.
    (e) Attorney Fees and Costs.--If a person is named as a defendant 
in a civil lawsuit for making voluntary disclosures of any suspicious 
transaction or taking actions to mitigate a suspicious matter described 
in subsection (b), and the person is found to be immune from civil 
liability under this section, the person shall be entitled to recover 
from the plaintiff all reasonable costs and attorney's fees as allowed 
by the court.
    (f) Retroactive Application.--This section shall apply to 
activities and claims occurring on or after November 20, 2006.

    TITLE II--SECURE TRANSPORTATION THROUGH INCREASED USE OF CANINE 
                            DETECTION TEAMS

SEC. 201. INCREASING THE NUMBER OF CANINE DETECTION TEAMS FOR 
              TRANSPORTATION SECURITY.

    (a) Minimum Requirement.--The Secretary shall coordinate with 
owners and providers of covered transportation systems to encourage the 
deployment of canine detection teams at each high-risk transportation 
system to provide continuous coverage if the Secretary considers it 
necessary. Each canine detection team--
            (1) shall be trained to detect explosives, and, to the 
        greatest extent possible, chemical and biological weapons; and
            (2) may be deployed to alternate sites to provide 
        additional coverage during times of increased risk or due to 
        specific threat information, as determined by the Secretary.
    (b) Increase.--The Secretary shall coordinate with owners and 
providers of covered transportation systems to encourage an increase in 
the number of trained canine detection teams deployed at the Nation's 
high-risk rail and mass transit systems by not less than 10 percent 
each fiscal year for fiscal years 2008 through 2012. Each canine 
detection team shall be trained to detect explosives, and, to the 
greatest extent possible, chemical and biological weapons.

SEC. 202. NATIONAL EXPLOSIVES DETECTION CANINE TEAM PROGRAM INCREASE.

    (a) Increase in Teams.--The National Explosives Detection Canine 
Team Program of the Transportation Security Administration may train up 
to an additional 100 canine detection teams per year but shall train at 
least the following numbers of additional teams:
            (1) 50 in fiscal year 2008.
            (2) 55 in fiscal year 2009.
            (3) 60 in fiscal year 2010.
            (4) 66 in fiscal year 2011.
            (5) 73 in fiscal year 2012.
    (b) Deployed Throughout Country.--The canine detection teams 
authorized under this section shall be deployed across the country to 
strengthen the security of covered transportation systems, including 
buses, subway systems, ferries, and passenger railroad carriers.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this section, the Administrator of the Transportation Security 
Administration shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the personnel and 
resource needs to fulfill the requirements of this section.
    (d) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this section.

SEC. 203. TRANSPORTATION SECURITY ADMINISTRATION BREEDING PROGRAM 
              INCREASE.

    (a) TSA Puppy Program.--The Transportation Security Administration 
Puppy Program shall work to increase the number of domestically bred 
canines to help meet the increase in demand for canine detection teams 
authorized in section 202 while preserving the current quality of 
canines provided for training.
    (b) Report Required.--Not later than 90 days after the date of the 
enactment of this section, the Administrator of the Transportation 
Security Administration shall submit to the Committee on Homeland 
Security of the House and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the personnel and 
resource needs to fulfill the requirements of this section.
    (c) Authorization.--There are authorized to be appropriated such 
sums as may be necessary to carry out this section.

            Passed the House of Representatives March 27, 2007.

            Attest:

                                                                 Clerk.
110th CONGRESS

  1st Session

                               H. R. 1401

_______________________________________________________________________

                                 AN ACT

 To improve the security of railroads, public transportation, and over-
      the-road buses in the United States, and for other purposes.