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







110th CONGRESS
  1st Session
                                H. R. 1401

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 8, 2007

  Mr. Thompson of Mississippi (for himself, Mr. King of New York, Ms. 
Jackson-Lee of Texas, Mr. Daniel E. Lungren of California, Ms. Loretta 
 Sanchez of California, Mr. Markey, Mr. Dicks, Ms. Harman, Mrs. Lowey, 
   Ms. Norton, Ms. Zoe Lofgren of California, Mrs. Christensen, Mr. 
 Etheridge, Mr. Langevin, Mr. Cuellar, Mr. Carney, Ms. Clarke, Mr. Al 
  Green of Texas, and Mr. Perlmutter) introduced the following bill; 
   which was referred to the Committee on Homeland Security, and in 
 addition to the Committee on Transportation and Infrastructure, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To improve the security of 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.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. National strategy for rail and public transportation security.
Sec. 4. Assignment of providers of covered transportation to risk-based 
                            tiers.
Sec. 5. Rail and public transportation assessments and plans.
Sec. 6. Information sharing plan.
Sec. 7. Rail security assistance.
Sec. 8. Public transportation security assistance.
Sec. 9. Over-the-road bus security assistance.
Sec. 10. Fire and life safety improvements.
Sec. 11. Security training program.
Sec. 12. Security exercises.
Sec. 13. Security research and development.
Sec. 14. Whistleblower protections.
Sec. 15. Increase in surface transportation security inspectors.
Sec. 16. National domestic preparedness consortium.
Sec. 17. Authorization of Visible Intermodal Protection Response Teams.
Sec. 18. National Transportation Security Center of Excellence.
Sec. 19. TSA personnel limitations.
Sec. 20. Homeland security grants.
Sec. 21. Threat assessment screening.
Sec. 22. Background checks for covered individuals.
Sec. 23. Penalties.

SEC. 2. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' has the meaning that 
        term has in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101) and includes the Committees on Homeland Security 
        and Transportation and Infrastructure of the House of 
        Representatives and the Committees on Homeland Security and 
        Governmental Affairs and Commerce, Science, and Transportation 
        of the Senate.
            (2) Appropriate stakeholders.--The term ``appropriate 
        stakeholders'' means--
                    (A) providers of covered transportation;
                    (B) organizations representing providers of covered 
                transportation;
                    (C) nonprofit employee labor organizations 
                representing railroad, public transportation, or over-
                the-road bus workers;
                    (D) shippers of hazardous material;
                    (E) manufacturers of railroad and transit cars;
                    (F) State departments of transportation;
                    (G) public safety officials;
                    (H) law enforcement and fire service officials; and
                    (I) other relevant persons.
            (3) Covered transportation.--The term ``covered 
        transportation'' means transportation provided by a railroad 
        carrier, 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 
                public transportation designated recipient providing 
                the transportation; 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. 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, in consultation with the 
Secretary of Transportation, shall develop and implement the modal plan 
for covered transportation as required by section 114(t)(1)(B) of title 
49, United States Code. The modal plan shall be entitled the ``National 
Strategy for Rail and Public Transportation Security'' and shall 
include, at a minimum--
            (1) a description of the roles, responsibilities, and 
        authorities of Federal, State, and local agencies, government 
        sponsored entities, tribal governments, and appropriate 
        stakeholders under the plan;
            (2) identification of, and a plan to address, gaps and 
        unnecessary overlaps in the roles, responsibilities, and 
        authorities described in paragraph (1);
            (3) a methodology for how the Department will work with the 
        entities described in paragraph (1), and make use of existing 
        Federal expertise within the Department, the Department of 
        Transportation, and other appropriate agencies;
            (4) a process for expediting security clearances to 
        facilitate intelligence and information sharing with the 
        entities described in paragraph (1);
            (5) a description of--
                    (A) how the Department 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, and respond to 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 
        executed under section 3028(b) of the Safe, Accountable, 
        Flexible, and Efficient Transportation Equity Act: A Legacy for 
        Users (49 U.S.C. 5321 note; 119 Stat. 1624).
    (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. 4. ASSIGNMENT OF PROVIDERS OF COVERED TRANSPORTATION TO RISK-BASED 
              TIERS.

    (a) Assignment.--The Secretary shall assign each provider of 
covered transportation to one of 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. 5. RAIL AND PUBLIC TRANSPORTATION ASSESSMENTS AND PLANS.

    (a) In General.--Not later than 12 months after the date of 
enactment of this Act, the Secretary, in consultation with the 
Secretary of Transportation, shall issue regulations that--
            (1) require each provider of covered transportation 
        assigned to a high- or medium-risk tier under section 4--
                    (A) to conduct a vulnerability assessment in 
                accordance with subsections (b) and (c); and
                    (B) to prepare, 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, protocols, and procedures 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 4, 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, in consultation with the 
        Secretary of Transportation, shall provide technical assistance 
        and guidance to providers of covered transportation in 
        conducting vulnerability assessments under this section and 
        shall require that each vulnerability assessment of a provider 
        of covered transportation assigned to a high-or medium-risk 
        tier under section 4 include, at a minimum--
                    (A) identification and evaluation of critical 
                covered transportation assets and infrastructures of 
                the provider, including platforms, stations, bus and 
                intermodal terminals, tunnels, bridges, switching and 
                storage areas, and information systems;
                    (B) identification of the threats to those assets 
                and infrastructures;
                    (C) identification of the security weaknesses of 
                the covered transportation in--
                            (i) physical security;
                            (ii) passenger and cargo security;
                            (iii) programmable electronic devices, 
                        computers, or other automated systems which are 
                        used in providing the transportation;
                            (iv) alarms, cameras, and other protection 
                        systems;
                            (v) communications systems, including 
                        dispatching services and mobile service 
                        equipment systems, to provide access to 
                        emergency services in underground fixed 
                        guideway systems;
                            (vi) utilities;
                            (vii) emergency response planning;
                            (viii) employee training; and
                            (ix) such other matters as the Secretary 
                        determines appropriate; and
                    (D) identification of redundant and backup systems 
                required to ensure the continued operations of critical 
                elements of the covered transportation in the event of 
                an attack or other incident, including disruption of 
                commercial electric power or communications network.
            (2) Threat information.--A 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, in consultation with the 
        Secretary of Transportation, shall provide technical assistance 
        and guidance to providers of covered transportation in 
        preparing and implementing security plans under this section 
        and shall require that each security plan of each provider of 
        covered transportation assigned a high- or medium-risk under 
        section 4 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 7, 8, and 9; and
                            (iii) to require immediate communications 
                        from appropriate Federal officials regarding 
                        covered transportation security;
                    (B) security measures to address the security 
                performance requirements of covered transportation;
                    (C) plans for periodic exercises under section 12 
                that include participation by local law enforcement 
                agencies and emergency responders as appropriate;
                    (D) a list of needed capital and operational 
                improvements described in sections 7, 8, and 9;
                    (E) procedures to be implemented or used by the 
                provider in response to a terrorist attack, including 
                evacuation and passenger communication plans;
                    (F) identification of steps taken with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials to coordinate security measures 
                and plans for response to a terrorist attack;
                    (G) a strategy and timeline for conducting training 
                under section 11, including recurrent training and 
                periodic unannounced exercises for employees of the 
                provider to be carried out under the plan to prevent, 
                prepare for, or respond to a terrorist attack;
                    (H) enhanced security measures to be taken by the 
                provider when the Secretary declares a period of 
                heightened security risk;
                    (I) plans for redundant and backup systems required 
                to ensure the continued operation of critical covered 
                transportation elements of the provider in the event of 
                a terrorist attack or other incident;
                    (J) plans for locating, including by covert 
                electronic devices, shipments of railroad cars 
                transporting extremely hazardous materials or nuclear 
                waste so that, if the assets are lost or stolen, the 
                provider and law enforcement authorities may locate, 
                track, and recover the assets; and
                    (K) such other actions or procedures as the 
                Secretary determines are appropriate to address the 
                covered transportation security of the provider to a 
                terrorist attack.
            (2) Consistency with other plans.--The Secretary, in 
        consultation with the Secretary of Transportation, shall ensure 
        that each security plan under this section is consistent with 
        the requirements of the National Strategy for Rail and Public 
        Transportation Security described in section 3.
    (e) 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 vulnerabilities and security 
plans, 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, in consultation with the Secretary of Transportation, 
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, in consultation with 
the Secretary of Transportation, 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 those submissions, but shall 
        require submission by the provider of any additional 
        information relevant to vulnerability assessments and security 
        plans of the provider to ensure that the remaining requirements 
        of this section are fulfilled.
            (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards of a 
        provider of covered transportation under this subsection do not 
        satisfy the requirements of this section, including regulations 
        issued under subsection (a), the Secretary shall 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 
        changes made to the vulnerability assessment or security plan.
            (2) Review of review.--The Secretary shall--
                    (A) ensure that a review required under paragraph 
                (1) is submitted not later than the applicable date; 
                and
                    (B) not later than 6 months after the date on which 
                a review is submitted under paragraph (1), review the 
                review and notify the provider of covered 
                transportation submitting the review of the Secretary's 
                approval or disapproval of the covered provider's 
                review.
    (m) Shared Facilities.--The Secretary, in consultation with the 
Secretary of Transportation, may permit under this section the 
development and implementation of coordinated vulnerability assessments 
and security plans to the extent 2 or more providers of covered 
transportation have shared facilities (such as tunnels, bridges, or 
stations, or facilities) that are geographically close or otherwise co-
located.

SEC. 6. INFORMATION SHARING PLAN.

    (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 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 
                were provided with each intelligence product.
    (d) Annual Surveys.--The Secretary shall conduct an annual survey 
of the satisfaction of each of the recipients of railroad, public 
transportation, and over-the-road bus intelligence reports created and 
disseminated under the plan and include the results of the survey as 
part of the corresponding annual report provided under subsection 
(c)(2).
    (e) Security Clearances.--The Department shall 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.
    (f) Classification of Material.--To the greatest extent possible, 
the Department shall provide appropriate stakeholders with information 
in an unclassified format.

SEC. 7. RAIL SECURITY ASSISTANCE.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation, 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 for reduction of rail car vulnerability.
            (3) Passenger railroad station security redevelopment and 
        capital improvement projects that the Secretary determines 
        enhance rail station security.
            (4) Security improvements to passenger railroad stations 
        and other railroad transportation infrastructure.
            (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) Emergency response equipment, including fire 
        suppression and decontamination equipment, personal protective 
        equipment, and defibrillators.
            (13) Global positioning or tracking and recovery equipment.
            (14) Redundant critical operations control systems.
            (15) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 11 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for front-line railroad 
        employees.
            (16) Live or simulated exercises described in section 12.
            (17) Overtime reimbursement for additional security 
        personnel during periods of heightened security as determined 
        by the Secretary.
            (18) Public awareness campaigns for enhanced rail security.
            (19) Operational costs for personnel assigned to full-time 
        security or counterterrorism duties related to rail 
        transportation.
            (20) Such other security improvements as the Secretary 
        considers appropriate.
    (c) Security Improvement Priorities.--In establishing guidelines 
for applications for grants under this section, the Secretary shall 
establish a list in order of priority regarding uses of funds for grant 
recipients under this section.
    (d) Multiyear Awards.--Pursuant to this section, the Secretary may 
issue multi-year grants for not longer than a 5-year period.
    (e) 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.
    (f) Eligibility.--
            (1) In general.--Eligible entities for a grant under this 
        section may include State, local, and tribal governmental 
        entities, as well as infrastructure owners, including railroad 
        carriers, private entities and public-private entities, or 
        their designees.
            (2) Project eligibility.--A recipient of a grant under this 
        section may use grant funds only for permissible uses under 
        subsection (b) to further a rail security plan developed, 
        submitted to, and approved by the Secretary, in consultation 
        with the Secretary of Transportation, under section 5.
    (g) 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 rail carriers.
    (h) Subject to Certain Standards.--The Secretary shall require a 
recipient of a grant under this section and section 10 to comply with 
the standards of section 24312 of title 49, United States Code, as in 
effect on January 1, 2007, with respect to the 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.
    (i) Limitation on Uses of Funds.--A grant made under this section 
may not be used to--
            (1) supplant State or local funds for activities described 
        in subsection (c); and
            (2) make any State or local government cost-sharing 
        contribution under any other law.
    (j) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of grant funds.
    (k) Guidelines.--Before distribution of funds to recipients of 
grants under this section, the Secretary, in consultation with the 
Secretary of Transportation, shall issue guidelines to ensure that 
recipients of grants under this section use small, minority, women-
owned, and disadvantaged businesses as contractors or subcontractors to 
the extent practicable.
    (l) Monitoring.--The Secretary shall be responsible for monitoring 
the manner in which the grants are used.
    (m) 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. 8. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation, 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 improved lighting, fencing, and barricades.
            (2) Security improvements to stations and other public 
        transportation infrastructure.
            (3) Tunnel protection systems.
            (4) Evacuation improvements.
            (5) Inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs.
            (6) Communications equipment, including mobile service 
        equipment to provide access to emergency services in an 
        underground fixed guideway system.
            (7) Chemical, biological, 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) Global positioning or tracking and recovery equipment.
            (11) Redundant critical operations control systems.
            (12) Live or simulated exercises described in section 12.
            (13) Public awareness campaigns for enhanced public 
        transportation security.
            (14) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 11 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for front-line public 
        transportation employees.
            (15) Overtime reimbursement for additional security 
        personnel during periods of heightened security as determined 
        by the Secretary.
            (16) Operational costs for personnel assigned to full-time 
        security or counterterrorism duties related to public 
        transportation.
            (17) Such other security improvements as the Secretary 
        considers appropriate.
    (c) Eligibility.--
            (1) In general.--Eligible entities for a grant under this 
        section may include public transportation agencies and State, 
        local, and tribal governmental entities that provide security 
        or counterterrorism related services to public transportation.
            (2) Project eligibility.--A recipient of a grant under this 
        section may use grant funds only for permissible uses under 
        subsection (b) to further a public transportation security plan 
        developed, submitted to, and approved by the Secretary in 
        consultation with the Secretary of Transportation, under 
        section 5.
    (d) Security Improvement Priorities.--In establishing guidelines 
for applications for grants under this section, the Secretary shall 
establish a list in order of priority regarding uses of funds for grant 
recipients under this section.
    (e) 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, under 
effect on January 1, 2007, and such other terms and conditions as are 
determined necessary by the Secretary.
    (f) Limitation on Uses of Funds.--Grants made under this section 
may not be used to--
            (1) supplant State or local funds for activities described 
        in subsection (c); and
            (2) make any State or local government cost-sharing 
        contribution under any other law.
    (g) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of the grant funds.
    (h) Guidelines.--Before distribution of funds to recipients of 
grants under this section, the Secretary, in consultation with the 
Secretary of Transportation, shall issue guidelines to ensure that 
recipients of grants under this section use small, minority, women-
owned, and disadvantaged businesses as contractors or subcontractors to 
the extent practicable.
    (i) Monitoring.--The Secretary shall be responsible for monitoring 
the manner in which the grants are used.
    (j) 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. 9. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation, 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.
            (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 11 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for front-line over-
        the-road bus employees.
            (9) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.
            (10) Overtime reimbursement for additional security 
        personnel during periods of heightened security as determined 
        by the Secretary.
            (11) Live or simulated exercises described in section 12.
            (12) Operational 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) Eligibility.--
            (1) In general.--Eligible entities for a grant under this 
        section may include over-the-road bus providers and State, 
        local, and tribal governmental entities that provide security 
        or counterterrorism related services to over-the-road bus 
        providers.
            (2) Project eligibility.--A recipient of a grant under this 
        section may use grant funds only for permissible uses under 
        subsection (b) to further an over-the-road bus security plan 
        developed, submitted to, and approved by the Secretary, in 
        consultation with the Secretary of Transportation, under 
        section 5.
    (d) Security Improvement Priorities.--In establishing guidelines 
for applications for grants under this section, the Secretary shall 
establish a list in order of priority regarding uses of funds for grant 
recipients under this section.
    (e) 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.
    (f) Limitation on Uses of Funds.--A grant made under this section 
may not be used to--
            (1) supplant State or local funds for activities described 
        in subsection (c); and
            (2) make any State or local government cost-sharing 
        contribution under any other law.
    (g) 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.
    (h) Guidelines.--Before distribution of funds to recipients of 
grants under this section, the Secretary, in consultation with the 
Secretary of Transportation, shall issue guidelines to ensure that 
recipients of grants under this section use small, minority, women-
owned, and disadvantaged businesses as contractors or subcontractors to 
the extent practicable.
    (i) Monitoring.--The Secretary shall be responsible for monitoring 
the manner in which the grants are used.
    (j) 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. 10. FIRE AND LIFE SAFETY IMPROVEMENTS.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for making grants to 
the National Railroad Passenger Corporation, hereinafter referred to as 
``Amtrak'', for the purpose of carrying out projects to make fire and 
life safety improvements to Amtrak tunnels on the Northeast Corridor 
the following amounts:
            (1) For the 6 tunnels in New York City, New York, to 
        provide ventilation, electrical, and fire safety technology 
        improvements, emergency communication and lighting systems, and 
        emergency access and egress for passengers--
                    (A) $25,000,000 for fiscal year 2008;
                    (B) $25,000,000 for fiscal year 2009;
                    (C) $25,000,000 for fiscal year 2010; and
                    (D) $25,000,000 for fiscal year 2011.
            (2) For the Baltimore & Potomac Tunnel and the Union Tunnel 
        in Baltimore, Maryland, to provide adequate drainage and 
        ventilation, communication, lighting, 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 recipients of grants under this section use 
small, minority, women-owned, and disadvantaged businesses as the 
contractors or subcontractors to the extent practicable.

SEC. 11. SECURITY TRAINING PROGRAM.

    (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--
            (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, and 
        fire fighter workers.
    (c) Program Elements.--The guidance developed under subsection 
(a)(2) shall require security training programs described in subsection 
(a) to include, at a minimum, elements to address the following:
            (1) Determination of the seriousness of any occurrence or 
        threat.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend oneself , including 
        using nonlethal 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.
            (8) Operation and maintenance of security equipment and 
        systems.
            (9) Any other subject the Secretary considers appropriate.
    (d) Required Programs.--
            (1) Development and submission to secretary.--Not later 
        than 60 days after the Secretary issues guidance under 
        subsection (a)(2) in final form, each provider of covered 
        transportation shall develop a security training program in 
        accordance with the guidance and submit the program to the 
        Secretary for approval.
            (2) Approval.--Not later than 60 days after receiving a 
        security training program under this subsection, the Secretary 
        shall approve the program or require the provider of covered 
        transportation that developed the program to make any revisions 
        to the program that the Secretary considers necessary for the 
        program to meet the guidance requirements.
            (3) Training.--Not later than 1 year after the Secretary 
        approves a security training program under this subsection, the 
        provider of covered transportation that developed the program 
        shall complete the training of all workers covered under the 
        program.
            (4) Updates.--The Secretary shall update the training 
        guidance issued under subsection (a)(2) from time to time to 
        reflect new or different security threats and require providers 
        of covered transportation to revise their programs accordingly 
        and provide additional training to their workers.
    (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).

SEC. 12. SECURITY EXERCISES.

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

SEC. 13. SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary shall carry out a research and development program for the 
purpose of improving the security of covered transportation.
    (b) Eligible Projects.--The research and development program may 
include projects--
            (1) to reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous chemical, 
        biological, and radioactive substances 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;
            (3) to develop improved freight 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 
        hazardous materials by railroad;
            (6) to mitigate damages in the event of a cyberattack; and
            (7) to address other vulnerabilities and risks identified 
        by the Secretary.
    (c) Coordination With Other Research Initiatives.--The Secretary 
shall--
            (1) ensure that the research and development program is 
        consistent with the National Strategy for Rail and Public 
        Transportation Security developed under section 3; and
            (2) to the greatest extent practicable, coordinate the 
        research and development activities of the Department with 
        other ongoing research and development security related 
        initiatives, including research being conducted by--
                    (A) the National Academy of Sciences;
                    (B) the Department of Transportation, including 
                university transportation centers and other institutes, 
                centers, and simulators funded by the Department of 
                Transportation;
                    (C) the Technical Support Working Group;
                    (D) other Federal departments and agencies; and
                    (E) other Federal and private research 
                laboratories, research entities, and universities and 
                institutions of higher education including, 
                Historically Black Colleges or Universities, and 
                Hispanic Serving Institution or Tribal University, 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 paragraph (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; and
            (3) $50,000,000 for fiscal year 2010.
            (4) $50,000,000 for fiscal year 2011.
Such sums shall remain available until expended.

SEC. 14. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--No covered individual may be discharged, demoted, 
suspended, threatened, harassed, reprimanded, investigated, or in any 
other manner discriminated against (including by a denial, suspension, 
or revocation of a security clearance or by any other security access 
determination) if such discrimination is due, in whole or in part, to 
any lawful act done, perceived to have been done, or intended to be 
done by the covered individual--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the covered individual reasonably believes 
        constitutes a violation of any law, rule, or regulation 
        relating to 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 
                misconduct);
            (2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed or about to be 
        filed relating to an alleged violation of any law, rule, or 
        regulation relating to national or homeland security; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation relating to national or homeland 
        security.
    (b) Enforcement Action.--
            (1) In general.--A covered individual who alleges discharge 
        or other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c)--
                    (A) for covered individuals who are employees of 
                the Department or the Department of Transportation, by 
                filing a complaint with the Merit Systems Protection 
                Board;
                    (B) for contractors or subcontractors of the 
                Department or Department of Transportation, by filing a 
                complaint with their respective Inspector General;
                    (C) for all other covered individuals, by filing a 
                complaint with the Secretary of Labor; and
                    (D) if the Secretary of Labor, Merit System 
                Protection Board, or the respective Inspector General 
                has not issued a final decision not later than 180 days 
                after the filing of the complaint, or in the event that 
                a final order or decision is issued by the Secretary of 
                Labor, Merit System Protection Board, or the respective 
                Inspector General, whether within the 180-day period or 
                thereafter, when, not later than 90 days after such an 
                order or decision is issued, bringing an original 
                action at law or equity for de novo 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 shall, 
                at the request of either party to such action, be tried 
                by the court with a jury.
            (2) Procedure.--
                    (A) In general.--An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of title 49, United States 
                Code.
                    (B) Exception.--Notification made under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) of title 49, 
                United States Code.
                    (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 1 year 
                after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--A covered individual prevailing in any 
        action under subsection (b)(1) shall be entitled to all relief 
        necessary to make the covered individual whole.
            (2) Damages.--Relief for any action under paragraph (1) 
        shall include--
                    (A) reinstatement with the same seniority status 
                that the covered individual would have had, but for the 
                discrimination;
                    (B) the amount of any backpay, with interest;
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees; and
                    (D) punitive damages in an amount not to exceed the 
                greater of 3 times the amount of any compensatory 
                damages awarded under this section or $5,000,000.
    (d) Use of State Secrets Privilege.--If the Government, in a court 
of competent jurisdiction, asserts as a defense the privilege commonly 
referred to as the ``state secrets privilege'' then--
            (1) the parties will move expeditiously to settle the case 
        and the court shall grant the parties 60 days by which to reach 
        settlement of the pending matter to avoid disclosure of any 
        sensitive government information, including classified or 
        sensitive intelligence information. The parties may certify to 
        the court that settlement cannot be reached before the end of 
        the 60-day period;
            (2) if the parties cannot settle the matter and the parties 
        continue to litigate the matter, the parties and court shall 
        apply special procedures in order to protect classified or 
        secret information in a manner consistent with sections 1 
        through 10 of the Classified Information and Procedures Act, 
        and shall adhere to the Classified Information Procedures Act 
        (18 U.S.C. App.; Public Law 96-456; 4 Stat. 2025); and
            (3) if, in any action brought under subsection (b)(1)(B), 
        the Government asserts the state secrets privilege and the 
        assertion of such privilege either is without merit or is 
        asserted and causes undue delay or hardship to the plaintiff, 
        or prevents the plaintiff from establishing a prima facie case 
        in support of the plaintiff's claim or from rebutting an 
        affirmative defense, then the court shall enter judgment for 
        the plaintiff and shall determine the relief to be granted.
    (e) Criminal Penalties.--
            (1) In general.--It shall be unlawful for any person 
        employing a covered individual to commit an act prohibited by 
        subsection (a). Any person who willfully violates this section 
        by terminating or retaliating against any covered individual 
        who makes a claim under this section shall be fined under title 
        18, United States Code, imprisoned not more than 1 year, or 
        both.
            (2) Reporting requirement.--
                    (A) In general.--The Attorney General shall submit 
                to the appropriate congressional committees an annual 
                report on the enforcement of paragraph (1).
                    (B) Contents.--Each such report shall--
                            (i) identify each case in which formal 
                        charges under paragraph (1) were brought;
                            (ii) describe the status or disposition of 
                        each such case; and
                            (iii) in any actions under subsection 
                        (b)(1)(B) in which the covered individual was 
                        the prevailing party or the substantially 
                        prevailing party, indicate whether or not any 
                        formal charges under paragraph (1) have been 
                        brought and, if not, the reasons therefor.
    (f) No Preemption.--Nothing in this section 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 
shall be deemed to diminish the rights, privileges, or remedies of any 
covered individual under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or condition 
of employment.
    (h) Definitions.--In this section, the following definitions apply:
            (1) Covered individual.--The term ``covered individual'' 
        means an employee of--
                    (A) the Department;
                    (B) the Department of Transportation;
                    (C) a contractor or subcontractor; and
                    (D) an employer within the meaning of section 
                701(b) of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e(b)) and who is a provider of covered 
                transportation.
            (2) Lawful.--The term ``lawful'' means not specifically 
        prohibited by law, except that, in the case of any information 
        the disclosure of which is specifically prohibited by law or 
        specifically required by Executive order to be kept secret in 
        the interest of national defense or the conduct of foreign 
        affairs, any disclosure of such information to any Member of 
        Congress, committee of Congress, or other recipient authorized 
        to receive such information, shall be deemed lawful.
            (3) Contractor.--The term ``contractor'' means a person who 
        has entered into a contract with the Department, the Department 
        of Transportation, or a provider of covered transportation.
            (4) Employee.--The term ``employee'' means--
                    (A) with respect to an employer referred to in 
                paragraph (1)(A) or (1)(B), an employee as defined by 
                section 2105 of title 5, United States Code; and
                    (B) with respect to an employer referred to in 
                paragraph (1)(A) or (1)(B), any officer, partner, 
                employee, or agent.
            (5) Subcontractor.--The term ``subcontractor''--
                    (A) means any person, other than the contractor, 
                who offers to furnish or furnishes any supplies, 
                materials, equipment, or services of any kind under a 
                contract with the Department, the Department of 
                Transportation, or a provider of covered 
                transportation; and
                    (B) includes any person who offers to furnish or 
                furnishes general supplies to the Federal contractor or 
                a higher tier subcontractor.
            (6) Person.--The term ``person'' means a corporation, 
        partnership, State entity, business association of any kind, 
        trust, joint-stock company, or individual.

SEC. 15. INCREASE IN SURFACE TRANSPORTATION SECURITY INSPECTORS.

    (a) In General.--The Secretary shall increase the total number of 
positions for full-time surface transportation security inspectors of 
the Department so that by December 31, 2010, the total number of such 
positions is at least 600.
    (b) Qualifications.--Surface transportation security inspectors 
hired by the Secretary shall have at least 3 years 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 the Secretary of Transportation, shall develop a standard 
operating procedure clearly defining the relationship between--
            (1) surface transportation security inspectors of the 
        Department;
            (2) safety and security inspectors of the Department of 
        Transportation;
            (3) State and local law enforcement officers; and
            (4) other law enforcement personnel, including railroad and 
        transit police.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out subsection (a) such sums as 
may be necessary. Such sums shall remain available until expended.

SEC. 16. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

    (a) In General.--There is in the Department of Homeland Security a 
National Domestic Preparedness Consortium.
    (b) Members.--The National Domestic Preparedness Consortium that 
identifies, develops, tests, and delivers training to State, local, and 
tribal emergency response providers, provides onsite and mobile 
training at the performance and management and planning levels, and 
facilitates the delivery of awareness level training by the training 
partners of the Department shall consist of--
            (1) the Center for Domestic Preparedness;
            (2) the National Energetic Materials Research and Testing 
        Center, New Mexico Institute of Mining and Technology;
            (3) the National Center for Biomedical Research and 
        Training, Louisiana State University;
            (4) the National Emergency Response and Rescue Training 
        Center, Texas A&M University;
            (5) the National Exercise, Test, and Training Center, 
        Nevada Test Site; and
            (6) the Transportation Technology Center in Pueblo, 
        Colorado.

SEC. 17. 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. 18. 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 designate the Center 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) Experience.--The Consortium shall include universities 
        and institutions of higher education that have existing 
        transportation programs.
            (2) 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.
    (d) Training.--If the consortium does 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. 19. 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. 20. 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 by the Secretary as the lead Federal 
official on transportation security.

SEC. 21. 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. 22. 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), any rule, 
        regulation, directive, or other guidance issued by the 
        Secretary regarding background checks of covered individuals 
        shall prohibit an employer 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(b) 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 section 2331 of title 18, 
                United States Code (or conspiracy to commit such a 
                crime).
    (e) 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. 23. 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''.
                                 <all>