[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Introduced in Senate (IS)]
1st Session
S. 184
To provide improved rail and surface transportation security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mr. Inouye (for himself, Mr. Stevens, Mr. Lautenberg, Ms. Snowe, Mr.
Rockefeller, Mr. Kerry, Mr. Lieberman, Mrs. Boxer, Mr. Pryor, Mr.
Carper, Mr. Biden, Mr. Baucus, Mrs. Clinton, and Mr. Schumer)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To provide improved rail and surface transportation security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation and Rail
Security Act of 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--IMPROVED RAIL SECURITY
Sec. 101. Rail transportation security risk assessment.
Sec. 102. Systemwide amtrak security upgrades.
Sec. 103. Fire and life-safety improvements.
Sec. 104. Freight and passenger rail security upgrades.
Sec. 105. Rail security research and development.
Sec. 106. Oversight and grant procedures.
Sec. 107. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 108. Northern border rail passenger report.
Sec. 109. Rail worker security training program.
Sec. 110. Whistleblower protection program.
Sec. 111. High hazard material security threat mitigation plans.
Sec. 112. Memorandum of agreement.
Sec. 113. Rail security enhancements.
Sec. 114. Public awareness.
Sec. 115. Railroad high hazard material tracking.
Sec. 116. Authorization of appropriations.
TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
Sec. 201. Hazardous materials highway routing.
Sec. 202. Motor carrier high hazard material tracking.
Sec. 203. Hazardous materials security inspections and enforcement.
Sec. 204. Truck security assessment.
Sec. 205. National public sector response system.
Sec. 206. Over-the-road bus security assistance.
Sec. 207. Pipeline security and incident recovery plan.
Sec. 208. Pipeline security inspections and enforcement.
Sec. 209. Technical corrections.
Sec. 210. Certain personnel limitations not to apply.D23/
TITLE I--IMPROVED RAIL SECURITY
SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, including the
Transportation Security Administration, the Department of
Transportation, and other appropriate agencies, to complete a
vulnerability and risk assessment of freight and passenger rail
transportation (encompassing railroads, as that term is defined
in section 20102(1) of title 49, United States Code). The
assessment shall include--
(A) a methodology for conducting the risk
assessment, including timelines, that addresses how the
Department of Homeland Security will work with the
entities describe in subsection (b) and make use of
existing Federal expertise within the Department of
Homeland Security, the Department of Transportation,
and other appropriate agencies;
(B) identification and evaluation of critical
assets and infrastructures;
(C) identification of vulnerabilities and risks to
those assets and infrastructures;
(D) identification of vulnerabilities and risks
that are specific to the transportation of hazardous
materials via railroad;
(E) identification of security weaknesses in
passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment; and
(F) an account of actions taken or planned by both public
and private entities to address identified rail security issues
and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching and car storage areas, other
rail infrastructure and facilities, information
systems, and other areas identified by the Secretary as
posing significant rail-related risks to public safety
and the movement of interstate commerce, taking into
account the impact that any proposed security measure
might have on the provision of rail service;
(B) deploying equipment to detect explosives and
hazardous chemical, biological, and radioactive
substances, and any appropriate countermeasures;
(C) training appropriate railroad or railroad
shipper employees in terrorism prevention, passenger
evacuation, and response activities;
(D) conducting public outreach campaigns on
passenger railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs
of measures that may be required to address those
risks.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the
freight and intercity passenger railroads, and State
and local governments, for the Federal government to
provide increased security support at high or severe
threat levels of alert;
(B) a plan for coordinating existing and planned
rail security initiatives undertaken by the public and
private sectors; and
(C) a contingency plan, developed in conjunction
with freight and intercity and commuter passenger
railroads, to ensure the continued movement of freight
and passengers in the event of an attack affecting the
railroad system, which shall contemplate--
(i) the possibility of rerouting traffic
due to the loss of critical infrastructure,
such as a bridge, tunnel, yard, or station; and
(ii) methods of continuing railroad service
in the Northeast Corridor in the event of a
commercial power loss, or catastrophe affecting
a critical bridge, tunnel, yard, or station.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment and developing the recommendations and plans required by
subsection (a), the Secretary of Homeland Security shall consult with
rail management, rail labor, owners or lessors of rail cars used to
transport hazardous materials, first responders, shippers of hazardous
materials, public safety officials, and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report containing the assessment,
prioritized recommendations, and plans required by subsection
(a) and an estimate of the cost to implement such
recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with the
Secretary of Transportation, shall update the assessment and
recommendations each year and transmit a report, which may be submitted
in both classified and redacted formats, to the Committees named in
subsection (c)(1), containing the updated assessment and
recommendations.
(e) Funding.--Out of funds appropriated pursuant to section 114(u)
of title 49, United States Code, as amended by section 116 of this Act,
there shall be made available to the Secretary of Homeland Security to
carry out this section $5,000,000 for fiscal year 2008.
SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c) the Secretary of
Homeland Security, in consultation with the Assistant Secretary of
Homeland Security (Transportation Security Administration), is
authorized to make grants to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall disburse
funds to Amtrak provided under subsection (a) for projects contained in
a systemwide security plan approved by the Secretary of Homeland
Security. The plan shall include appropriate measures to address
security awareness, emergency response, and passenger evacuation
training.
(c) Equitable Geographic Allocation.--The Secretary shall ensure
that, subject to meeting the highest security needs on Amtrak's entire
system and consistent with the risk assessment required under section
101, stations and facilities located outside of the Northeast Corridor
receive an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--Out of funds appropriated pursuant to
section 114(u) of title 49, United States Code, as amended by section
116 of this Act,, there shall be made available to the Secretary of
Homeland Security and the Assistant Secretary of Homeland Security
(Transportation Security Administration) to carry out this section--
(1) $63,500,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009; and
(3) $30,000,000 for fiscal year 2010.
Amounts appropriated pursuant to this subsection shall remain available
until expended.
SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, is authorized to
make grants to Amtrak for the purpose of making fire and life-safety
improvements to Amtrak tunnels on the Northeast Corridor in New York,
NY, Baltimore, MD, and Washington, DC.
(b) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 116(b) of this Act, there shall be made available
to the Secretary of Transportation for the purposes of carrying out
subsection (a) the following amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009;
(C) $100,000,000 for fiscal year 2010; and
(D) $100,000,000 for fiscal year 2011.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2008;
(B) $10,000,000 for fiscal year 2009;
(C) $10,000,000 for fiscal year 2010; and
(D) $10,000,000 for fiscal year 2011.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $8,000,000 for fiscal year 2008;
(B) $8,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010; and
(D) $8,000,000 for fiscal year 2011.
(c) Infrastructure Upgrades.--Out of funds appropriated pursuant to
section 116(b) of this Act, there shall be made available to the
Secretary of Transportation for fiscal year 2008 $3,000,000 for the
preliminary design of options for a new tunnel on a different alignment
to augment the capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made available
pursuant to this section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may not make
amounts available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1) and (2) of
subsection (e) and approve or disapprove the plans within 45 days after
the date on which each such plan is submitted by Amtrak. If the
Secretary determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the Secretary's
notification, submit a modified plan for the Secretary's review. Within
15 days after receiving additional information on items previously
included in the plan, and within 45 days after receiving items newly
included in a modified plan, the Secretary shall either approve the
modified plan, or, if the Secretary finds the plan is still incomplete
or deficient, the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security the portions of
the plan the Secretary finds incomplete or deficient, approve all other
portions of the plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions of the
plan.
(g) Financial Contribution From Other Tunnel Users.--The Secretary
shall, taking into account the need for the timely completion of all
portions of the tunnel projects described in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of Homeland Security
(Transportation Security Administration) and other appropriate
agencies, is authorized to make grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars used in the
transportation of hazardous materials, universities, colleges and
research centers, State and local governments (for rail passenger
facilities and infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities to prevent
or respond to acts of terrorism, sabotage, or other intercity passenger
rail and freight rail security vulnerabilities and risks identified
under section 101, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their resistance
to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 101, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under this
section are expended in accordance with the purposes of this title and
the priorities and other criteria developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section 101, and shall encourage non-Federal financial
participation in awarding grants. With respect to grants for intercity
passenger rail security, the Secretary shall also take into account
passenger volume and whether a station is used by commuter rail
passengers as well as intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak under subsection (a) unless Amtrak meets the conditions
set forth in section 102(b) of this Act.
(e) Allocation Between Railroads and Others.--Unless as a result of
the assessment required by section 101 the Secretary of Homeland
Security determines that critical rail transportation security needs
require reimbursement in greater amounts to any eligible entity, no
grants under this section may be made--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code, as amended
by section 116 of this Act,, there shall be made available to the
Secretary of Homeland Security to carry out this section--
(1) $100,000,000 for fiscal year 2008;
(2) $100,000,000 for fiscal year 2009; and
(3) $100,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain
available until expended.
(g) High Hazard Materials Defined.--In this section, the term
``high hazard materials'' means quantities of poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, and anhydrous ammonia
that the Secretary, in consultation with the Secretary of
Transportation, determines pose a security risk.
SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary for Science
and Technology and the Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Secretary of Transportation shall carry out a research and development
program for the purpose of improving freight and intercity passenger
rail security that may include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical, biological,
and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car
or other rail car used to transport hazardous materials
and transmit information about the integrity of cars to
the train crew or dispatcher;
(B) research to improve tank car integrity, with a
focus on tank cars that carry high hazard materials (as
defined in section 104(g) of this Act); and
(C) techniques to transfer hazardous materials from
rail cars that are damaged or otherwise represent an
unreasonable risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section 101.
(b) Coordination With Other Research Initiatives.--The Secretary of
Homeland Security shall ensure that the research and development
program authorized by this section is coordinated with other research
and development initiatives at the Department of Homeland Security and
the Department of Transportation. The Secretary shall carry out any
research and development project authorized by this section through a
reimbursable agreement with the Secretary of Transportation, if the
Secretary of Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research and
development program, the Secretary may award grants to the entities
described in section 104(a) and shall adopt necessary procedures,
including audits, to ensure that grants made under this section are
expended in accordance with the purposes of this title and the
priorities and other criteria developed by the Secretary.
(d) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code, as amended
by section 116 of this Act,, there shall be made available to the
Secretary of Homeland Security to carry out this section--
(1) $33,000,000 for fiscal year 2008;
(2) $33,000,000 for fiscal year 2009; and
(3) $33,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 106. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Homeland Security may
use up to 0.5 percent of amounts made available for capital projects
under this Act to enter into contracts for the review of proposed
capital projects and related program management plans and to oversee
construction of such projects.
(b) Use of Funds.--The Secretary may use amounts available under
subsection (a) of this subsection to make contracts to audit and review
the safety, procurement, management, and financial compliance of a
recipient of amounts under this title.
(c) Procedures for Grant Award.--The Secretary shall, within 90
days after the date of enactment of this Act, prescribe procedures and
schedules for the awarding of grants under this title, including
application and qualification procedures (including a requirement that
the applicant have a security plan), and a record of decision on
applicant eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary and shall
be consistent, to the extent practicable, with the grant procedures
established under section 70107 of title 46, United States Code.
SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date
of the enactment of the Surface Transportation and Rail Security Act of
2007, Amtrak shall submit to the Chairman of the National
Transportation Safety Board, the Secretary of Transportation, and the
Secretary of Homeland Security a plan for addressing the needs of the
families of passengers involved in any rail passenger accident
involving an Amtrak intercity train and resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by Amtrak under
subsection (a) shall include, at a minimum, the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within Amtrak's control; that any
possession of the passenger within Amtrak's control will be
returned to the family unless the possession is needed for the
accident investigation or any criminal investigation; and that
any unclaimed possession of a passenger within Amtrak's control
will be retained by the rail passenger carrier for at least 18
months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation Safety
Board, the Secretary of Transportation, and Amtrak may not release any
personal information on a list obtained under subsection (b)(1) but may
provide information on the list about a passenger to the family of the
passenger to the extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable for
damages in any action brought in a Federal or State court arising out
of the performance of Amtrak in preparing or providing a passenger
list, or in providing information concerning a train reservation,
pursuant to a plan submitted by Amtrak under subsection (b), unless
such liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that Amtrak may take,
or the obligations that Amtrak may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to section
116(b) of the Surface Transportation and Rail Security Act of 2007,
there shall be made available to the Secretary of Transportation for
the use of Amtrak $500,000 for fiscal year 2007 to carry out this
section. Amounts made available pursuant to this subsection shall
remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end the
following:
``24316. Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 180 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), the Secretary of Transportation, heads of other
appropriate Federal departments, and agencies and the National Railroad
Passenger Corporation, shall transmit a report to the Senate Committee
on Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of Principle
for the Improved Security of Rail Shipments by Canadian
National Railway and Canadian Pacific Railway from Canada to
the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and the
Secretary of Transportation, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of
railroad carriers, and nonprofit employee organizations that represent
rail workers, shall develop and issue detailed guidance for a rail
worker security training program to prepare front-line workers for
potential threat conditions. The guidance shall take into consideration
any current security training requirements or best practices.
(b) Program Elements.--The guidance developed under subsection (a)
shall include elements, as appropriate to passenger and freight rail
service, that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days after the
Secretary of Homeland Security issues guidance under subsection (a) in
final form, each railroad carrier shall develop a rail worker security
training program in accordance with that guidance and submit it to the
Secretary for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall review the
program and transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary for the program to meet the
guidance requirements. A railroad carrier shall respond to the
Secretary's comments within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary reviews
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall
review implementation of the training program of a representative
sample of railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security on the number of reviews
conducted and the results. The Secretary may submit the report in both
classified and redacted formats as necessary.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) as appropriate to reflect new or different
security threats. Railroad carriers shall revise their programs
accordingly and provide additional training to their front-line workers
within a reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, train operators,
other onboard employees, maintenance and maintenance support personnel,
bridge tenders, as well as other appropriate employees of railroad
carriers, as defined by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security shall
issue guidance and best practices for a rail shipper employee security
program containing the elements listed under subsection (b) as
appropriate.
SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49, United
States Code, is amended by inserting after section 20117 the following:
``Sec. 20118. Whistleblower protection for rail security matters
``(a) Discrimination Against Employee.--No rail carrier engaged in
interstate or foreign commerce may discharge a railroad employee or
otherwise discriminate against a railroad employee because the employee
(or any person acting pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the Federal
Government information relating to a reasonably perceived
threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of the
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than 180 days
after it is filed. If the violation is a form of discrimination that
does not involve discharge, suspension, or another action affecting
pay, and no other remedy is available under this subsection, the Board,
division, delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more than
$20,000.
``(c) Procedural Requirements.--Except as provided in subsection
(b), the procedure set forth in section 42121(b)(2)(B) of this
subtitle, including the burdens of proof, applies to any complaint
brought under this section.
``(d) Election of Remedies.--An employee of a railroad carrier may
not seek protection under both this section and another provision of
law for the same allegedly unlawful act of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20117 the following:
``20118. Whistleblower protection for rail security matters.''.
SEC. 111. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration) and the Secretary of
Transportation, shall require rail carriers transporting a high hazard
material, as defined in section 104(g) of this Act to develop a high
hazard material security threat mitigation plan containing appropriate
measures, including alternative routing and temporary shipment
suspension options, to address assessed risks to high consequence
targets. The plan, and any information submitted to the Secretary under
this section shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49, United
States Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier for the
shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe and specific intelligence of probable or
imminent threat exists towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high
hazard materials to the Secretary of Homeland Security
within 60 days after the date of enactment of this Act;
(B) develop and submit a high hazard material
security threat mitigation plan to the Secretary within
180 days after it receives the notice of high
consequence targets on such routes by the Secretary;
and
(C) submit any subsequent revisions to the plan to
the Secretary within 30 days after making the
revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad carrier
shall respond to the Secretary's comments within 30 days after
receiving them. Each rail carrier shall update and resubmit its
plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means a building,
buildings, infrastructure, public space, or natural resource
designated by the Secretary of Homeland Security that is viable
terrorist target of national significance, the attack of which
could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and
defense capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.
SEC. 112. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Similar to the public transportation
security annex between the two departments signed on September 8, 2005,
within 1 year after the date of enactment of this Act, the Secretary of
Transportation and the Secretary of Homeland Security shall execute and
develop an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, governing the specific roles,
delineations of responsibilities, resources and commitments of the
Department of Transportation and the Department of Homeland Security,
respectively, in addressing railroad transportation security matters,
including the processes the departments will follow to promote
communications, efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49, United
States Code, is amended by striking ``safety'' the first place it
appears, and inserting ``safety, including security,''.
SEC. 113. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Homeland Security and the Assistant Secretary of
Homeland Security (Transportation Security Administration), shall
review existing rail regulations of the Department of Transportation
for the purpose of identifying areas in which those regulations need to
be revised to improve rail security.
SEC. 114. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall develop a national plan for public outreach and
awareness. Such plan shall be designed to increase awareness of
measures that the general public, railroad passengers, and railroad
employees can take to increase railroad system security. Such plan
shall also provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing research and
development efforts, and available Federal funding sources to improve
railroad security. Not later than 9 months after the date of enactment
of this Act, the Secretary of Homeland Security shall implement the
plan developed under this section.
SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 105 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration), shall develop a
program that will encourage the equipping of rail cars
transporting high hazard materials (as defined in section
104(g) of this Act) with wireless terrestrial or satellite
communications technology that provides--
(A) car position location and tracking
capabilities;
(B) notification of rail car depressurization,
breach, or unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for rail car tracking at the Department of
Transportation; and
(B) ensure that the program is consistent with
recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.
(b) Funding.--Out of funds appropriated pursuant to section 114(u)
of title 49, United States Code, as amended by section 116 of this Act,
there shall be made available to the Secretary of Homeland Security to
carry out this section $3,000,000 for each of fiscal years 2008, 2009,
and 2010.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--Section
114 of title 49, United States Code, is amended by adding at the end
thereof the following:
``(u) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security for rail security--
``(1) $228,000,000 for fiscal year 2008;
``(2) $183,000,000 for fiscal year 2009; and
``(3) $183,000,000 for fiscal year 2010.''.
(b) Department of Transportation.--There are authorized to be
appropriated to the Secretary of Transportation to carry out this title
and sections 20118 and 24316 of title 49, United States Code, as added
by this Act--
(1) $121,500,000 for fiscal year 2007;
(2) $118,000,000 for fiscal year 2008;
(3) $118,000,000 for fiscal year 2009; and
(4) $195,000,000 for fiscal year 2011.
TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Within one year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary of Homeland Security, shall--
(1) document existing and proposed routes for the
transportation of radioactive and non-radioactive hazardous
materials by motor carrier, and develop a framework for using a
Geographic Information System-based approach to characterize
routes in the National Hazardous Materials Route Registry;
(2) assess and characterize existing and proposed routes
for the transportation of radioactive and non-radioactive
hazardous materials by motor carrier for the purpose of
identifying measurable criteria for selecting routes based on
safety and security concerns;
(3) analyze current route-related hazardous materials
regulations in the United States, Canada, and Mexico to
identify cross-border differences and conflicting regulations;
(4) document the concerns of the public, motor carriers,
and State, local, territorial, and tribal governments about the
highway routing of hazardous materials for the purpose of
identifying and mitigating security vulnerabilities associated
with hazardous material routes;
(5) prepare guidance materials for State officials to
assist them in identifying and reducing both safety concerns
and security vulnerabilities when designating highway routes
for hazardous materials consistent with the 13 safety-based
non-radioactive materials routing criteria and radioactive
materials routing criteria in Subpart C part 397 of title 49,
Code of Federal Regulations;
(6) develop a tool that will enable State officials to
examine potential routes for the highway transportation of
hazardous material and assess specific security vulnerabilities
associated with each route and explore alternative mitigation
measures; and
(7) transmit to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives Committee
on Transportation and Infrastructure a report on the actions
taken to fulfill paragraphs (1) through (6) of this subsection
and any recommended changes to the routing requirements for the
highway transportation of hazardous materials in part 397 of
title 49, Code of Federal Regulations.
(b) Route Plans.--
(1) Assessment.--Within one year after the date of
enactment of this Act, the Secretary of Transportation shall
complete an assessment of the safety and national security
benefits achieved under existing requirements for route plans,
in written or electronic format, for explosives and radioactive
materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of
Transportation recordable incidents and the severity of
such incidents for shipments of explosives and
radioactive materials for which such route plans are
required with the percentage of recordable incidents
and the severity of such incidents for shipments of
explosives and radioactive materials not subject to
such route plans; and
(B) quantify the security and safety benefits,
feasibility, and costs of requiring each motor carrier
that is required to have a hazardous material safety
permit under part 385 of title 49, Code of Federal
Regulations, to maintain, follow, and carry such a
route plan that meets the requirements of section
397.101 of that title when transporting the type and
quantity of hazardous materials described in section
385.403 of that title, taking into account the various
segments of the trucking industry, including tank
truck, truckload and less than truckload carriers.
(2) Report.--Within one year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report
to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing the findings and
conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor carriers that
have a hazardous material safety permit under part 385 of title 49,
Code of Federal Regulations, to maintain, follow, and carry a route
plan, in written or electronic format, that meets the requirements of
section 397.101 of that title when transporting the type and quantity
of hazardous materials described in section 385.403 of that title if
the Secretary determines, under the assessment required in subsection
(b), that such a requirement would enhance the security and safety of
the nation without imposing unreasonable costs or burdens upon motor
carriers.
SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications--
(1) In General.--Consistent with the findings of the
Transportation Security Administration's Hazmat Truck Security
Pilot Program and within 6 months after the date of enactment
of this Act, the Secretary of Homeland Security, through the
Transportation Security Administration and in consultation with
the Secretary of Transportation, shall develop a program to
encourage the equipping of motor carriers transporting high
hazard materials in quantities equal to or greater than the
quantities specified in subpart 171.800 of title 49, Code of
Federal Regulations, with wireless communications technology
that provides--
(A) continuous communications;
(B) vehicle position location and tracking
capabilities; and
(C) a feature that allows a driver of such vehicles
to broadcast an emergency message.
(2) Considerations.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for motor carrier tracking at the Department of
Transportation;
(B) take into consideration the recommendations and
findings of the report on the Hazardous Material Safety
and Security Operation Field Test released by the
Federal Motor Carrier Safety Administration on November
11, 2004;
(C) evaluate--
(i) any new information related to the cost
and benefits of deploying and utilizing truck
tracking technology for motor carriers
transporting high hazard materials not included
in the Hazardous Material Safety and Security
Operation Field Test Report released by the
Federal Motor Carrier Safety Administration on
November 11, 2004;
(ii) the ability of truck tracking
technology to resist tampering and disabling;
(iii) the capability of truck tracking
technology to collect, display, and store
information regarding the movements of
shipments of high hazard materials by
commercial motor vehicles;
(iv) the appropriate range of contact
intervals between the tracking technology and a
commercial motor vehicle transporting high
hazard materials; and
(v) technology that allows the installation
by a motor carrier of concealed electronic
devices on commercial motor vehicles that can
be activated by law enforcement authorities and
alert emergency response resources to locate
and recover security sensitive material in the
event of loss or theft of such material.
(b) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section $3,000,000 for
each of fiscal years 2008, 2009, and 2010.
SEC. 203. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--The Secretary of Homeland Security shall establish
a program within the Transportation Security Administration, in
consultation with the Secretary of Transportation, for reviewing
hazardous materials security plans required under part 172, title 49,
Code of Federal Regulations, within 180 days after the date of
enactment of this Act. In establishing the program, the Secretary shall
ensure that--
(1) the program does not subject carriers to unnecessarily
duplicative reviews of their security plans by the 2
departments; and
(2) a common set of standards is used to review the
security plans.
(b) Civil Penalty.--The failure, by a shipper, carrier, or other
person subject to part 172 of title 49, Code of Federal Regulations, to
comply with any applicable section of that part within 180 days after
being notified by the Secretary of such failure to comply, is
punishable by a civil penalty imposed by the Secretary under title 49,
United States Code. For purposes of this subsection, each day of
noncompliance after the 181st day following the date on which the
shipper, carrier, or other person received notice of the failure shall
constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of hazardous
materials shippers, carriers, or other persons subject to part 172 of
title 49, Code of Federal Regulations, with the provisions of that
part, the Secretary shall utilize risk assessment methodologies to
prioritize review and enforcement actions to the most vulnerable and
critical hazardous materials transportation operations.
(d) Transportation Costs Study.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in conjunction
with the Secretary of Homeland Security, shall study to what extent the
insurance, security, and safety costs borne by railroad carriers, motor
carriers, pipeline carriers, air carriers, and maritime carriers
associated with the transportation of hazardous materials are reflected
in the rates paid by shippers of such commodities as compared to the
costs and rates respectively for the transportation of non-hazardous
materials.
(e) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section--
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
SEC. 204. TRUCK SECURITY ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation shall transmit to the Senate Committee on
Commerce, Science, and Transportation, Senate Committee on Finance, the
House of Representatives Committee on Transportation and
Infrastructure, the House of Representatives Committee on Homeland
Security, and the House of Representatives Committe on Ways and Means,
a report on security issues related to the trucking industry that
includes--
(1) an assessment of actions already taken to address
identified security issues by both public and private entities;
(2) an assessment of the economic impact that security
upgrades of trucks, truck equipment, or truck facilities may
have on the trucking industry and its employees, including
independent owner-operators;
(3) an assessment of ongoing research and the need for
additional research on truck security; and
(4) an assessment of industry best practices to enhance
security.
SEC. 205. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.
(a) Development.--The Secretary of Homeland Security, in
conjunction with the Secretary of Transportation, shall consider the
development of a national public sector response system to receive
security alerts, emergency messages, and other information used to
track the transportation of high hazard materials which can provide
accurate, timely, and actionable information to appropriate first
responder, law enforcement and public safety, and homeland security
officials, as appropriate, regarding accidents, threats, thefts, or
other safety and security risks or incidents. In considering the
development of this system, they shall consult with law enforcement and
public safety officials, hazardous material shippers, motor carriers,
railroads, organizations representing hazardous material employees,
State transportation and hazardous materials officials, private for-
profit and non-profit emergency response organizations, and commercial
motor vehicle and hazardous material safety groups. Consideration of
development of the national public sector response system shall be
based upon the public sector response center developed for the
Transportation Security Administration hazardous material truck
security pilot program and hazardous material safety and security
operational field test undertaken by the Federal Motor Carrier Safety
Administration.
(b) Capability.--The national public sector response system to be
considered shall be able to receive, as appropriate--
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) Characteristics.--The national public sector response system to
be considered shall--
(1) be an exception-based system;
(2) be integrated with other private and public sector
operation reporting and response systems and all Federal
homeland security threat analysis systems or centers (including
the National Response Center); and
(3) provide users the ability to create rules for alert
notification messages.
(d) Carrier Participation.--The Secretary of Homeland Security
shall coordinate with motor carriers and railroads transporting high
hazard materials, entities acting on their behalf who receive
communication alerts from motor carriers or railroads, or other Federal
agencies that receive security and emergency related notification
regarding high hazard materials in transit to facilitate the provisions
of the information listed in subsection (b) to the national public
sector response system to the extent possible if the system is
established.
(e) Data Privacy.--The national public sector response system shall
be designed to ensure appropriate protection of data and information
relating to motor carriers, railroads, and employees.
(f) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall transmit to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security a report on whether to
establish a national public sector response system and the estimated
total public and private sector costs to establish and annually operate
such a system, together with any recommendations for generating private
sector participation and investment in the development and operation of
such a system.
(g) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section--
(1) $1,000,000 for fiscal year 2008;
(2) $1,000,000 for fiscal year 2009; and
(3) $1,000,000 for fiscal year 2010.
SEC. 206. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Homeland Security shall establish
a program within the Transportation Security Administration for making
grants to private operators of over-the-road buses or over-the-road bus
terminal operators for system-wide security improvements to their
operations, including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(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 information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing and upgrading an emergency communications
system linking operational headquarters, over-the-road buses,
law enforcement, and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Federal Share.--The Federal share of the cost for which any
grant is made under this section shall be 80 percent.
(c) Due Consideration.--In making grants under this section, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001, and shall
prioritize grant funding based on the magnitude and severity of the
security threat to bus passengers and the ability of the funded project
to reduce, or respond to, that threat.
(d) Grant Requirements.--A grant under this section shall be
subject to all the terms and conditions that a grant is subject to
under section 3038(f) of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 393).
(e) Plan Requirement.--
(1) In general.--The Secretary may not make a grant under
this section to a private operator of over-the-road buses until
the operator has first submitted to the Secretary--
(A) a plan for making security improvements
described in subsection (a) and the Secretary has
approved the plan; and
(B) such additional information as the Secretary
may require to ensure accountability for the obligation
and expenditure of amounts made available to the
operator under the grant.
(2) Coordination.--To the extent that an application for a
grant under this section proposes security improvements within
a specific terminal owned and operated by an entity other than
the applicant, the applicant shall demonstrate to the
satisfaction of the Secretary that the applicant has
coordinated the security improvements for the terminal with
that entity.
(f) Over-the-Road Bus Defined.--In this section, the term ``over-
the-road bus'' means a bus characterized by an elevated passenger deck
located over a baggage compartment.
(g) Bus Security Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation, the
House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a preliminary report in accordance with the
requirements of this section.
(2) Contents of preliminary report.--The preliminary report
shall include--
(A) an assessment of the over-the-road bus security
grant program;
(B) an assessment of actions already taken to
address identified security issues by both public and
private entities and recommendations on whether
additional safety and security enforcement actions are
needed;
(C) an assessment of whether additional legislation
is needed to provide for the security of Americans
traveling on over-the-road buses;
(D) an assessment of the economic impact that
security upgrades of buses and bus facilities may have
on the over-the-road bus transportation industry and
its employees;
(E) an assessment of ongoing research and the need
for additional research on over-the-road bus security,
including engine shut-off mechanisms, chemical and
biological weapon detection technology, and the
feasibility of compartmentalization of the driver; and
(F) an assessment of industry best practices to
enhance security.
(3) Consultation with industry, labor, and other groups.--
In carrying out this section, the Secretary shall consult with
over-the-road bus management and labor representatives, public
safety and law enforcement officials, and the National Academy
of Sciences.
(h) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section--
(1) $12,000,000 for fiscal year 2008;
(2) $25,000,000 for fiscal year 2009; and
(3) $25,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 207. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation and the Pipeline and
Hazardous Materials Safety Administration, and in accordance with the
Memorandum of Understanding Annex executed on August 9, 2006, shall
develop a Pipeline Security and Incident Recovery Protocols Plan. The
plan shall include--
(1) a plan for the Federal Government to provide increased
security support to the most critical interstate and intrastate
natural gas and hazardous liquid transmission pipeline
infrastructure and operations as determined under section 208--
(A) at high or severe security threat levels of
alert; and
(B) when specific security threat information
relating to such pipeline infrastructure or operations
exists; and
(2) an incident recovery protocol plan, developed in
conjunction with interstate and intrastate transmission and
distribution pipeline operators and terminals and facilities
operators connected to pipelines, to develop protocols to
ensure the continued transportation of natural gas and
hazardous liquids to essential markets and for essential public
health or national defense uses in the event of an incident
affecting the interstate and intrastate natural gas and
hazardous liquid transmission and distribution pipeline system,
which shall include protocols for granting access to pipeline
operators for pipeline infrastructure repair, replacement or
bypass following an incident.
(b) Existing Private and Public Sector Efforts.--The plan shall
take into account actions taken or planned by both private and public
entities to address identified pipeline security issues and assess the
effective integration of such actions.
(c) Consultation.--In developing the plan under subsection (a), the
Secretary of Homeland Security shall consult with the Secretary of
Transportation, interstate and intrastate transmission and distribution
pipeline operators, pipeline labor, first responders, shippers of
hazardous materials, State Departments of Transportation, public safety
officials, and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall
transmit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the plan required by
subsection (a), along with an estimate of the private and
public sector costs to implement any recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
SEC. 208. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Within 1 year after the date of enactment of this
Act the Secretary of Homeland Security, in consultation with the
Secretary of Transportation, shall establish a program for reviewing
pipeline operator adoption of recommendations in the September, 5,
2002, Department of Transportation Research and Special Programs
Administration Pipeline Security Information Circular, including the
review of pipeline security plans and critical facility inspections.
(b) Review and Inspection.--Within 9 months after the date of
enactment of this Act the Secretary shall complete a review of the
pipeline security plan and an inspection of the critical facilities of
the 100 most critical pipeline operators covered by the September, 5,
2002, circular, where such facilities have not been inspected for
security purposes since September 5, 2002, by either the Department of
Homeland Security or the Department of Transportation, as determined by
the Secretary in consultation with the Secretary of Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline operator
compliance under subsections (a) and (b), the Secretary shall utilize
risk assessment methodologies to prioritize vulnerabilities and to
target inspection and enforcement actions to the most vulnerable and
critical pipeline assets.
(d) Regulations.--Within 1 year after the date of enactment of this
Act, the Secretary shall transmit to pipeline operators and the
Secretary of Transportation security recommendations for natural gas
and hazardous liquid pipelines and pipeline facilities. If the
Secretary of Homeland Security determines that regulations are
appropriate, the Secretary shall promulgate such regulations and carry
out necessary inspection and enforcement actions. Any regulations
should incorporate the guidance provided to pipeline operators by the
September 5, 2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information Circular and
contain additional requirements as necessary based upon the results of
the inspections performed under subsection (b). The regulations shall
include the imposition of civil penalties for non-compliance.
(e) Funding.--There are authorized to be appropriated to the
Secretary of Homeland Security to carry out this section--
(1) $2,000,000 for fiscal year 2008; and
(2) $2,000,000 for fiscal year 2009.
SEC. 209. TECHNICAL CORRECTIONS.
(a) Hazmat Licenses.--Section 5103a of title 49, United States
Code, is amended--
(1) by inserting ``of Homeland Security'' after
``Secretary'' each place it appears in subsections (a)(1),
(d)(1)(b), and (e); and
(2) by redesignating subsection (h) as subsection (i) and
inserting the following after subsection (g):
``(h) Relationship to Transportation Security Cards.--Upon
application, a State shall issue to an individual a license to operate
a motor vehicle transporting in commerce a hazardous material without
the security assessment required by this section, provided the
individual meets all other applicable requirements for such a license,
if the Secretary of Homeland Security has previously determined, under
section 70105 of title 46, United States Code, that the individual does
not pose a security risk.''.
SEC. 210. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the Department of
Homeland Security, does not apply to the extent that any such employees
are responsible for implementing the provisions of this Act. D23/
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