[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Reported in Senate (RS)]

                                                        Calendar No. 26
110th CONGRESS
  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, Mr. Schumer, Mr. Dorgan, 
 Ms. Mikulski, Mr. Durbin, Mr. Menendez, Mrs. Hutchison, Mr. Specter, 
Ms. Klobuchar, Ms. Collins, and Ms. Cantwell) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           February 15, 2007

               Reported by Mr. Inouye, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Surface Transportation and 
Rail Security Act of 2007''.</DELETED>

<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>

<DELETED>    The table of contents for this Act is as 
follows:</DELETED>

<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
                <DELETED>TITLE I--IMPROVED RAIL SECURITY

<DELETED>Sec. 101. Rail transportation security risk assessment.
<DELETED>Sec. 102. Systemwide amtrak security upgrades.
<DELETED>Sec. 103. Fire and life-safety improvements.
<DELETED>Sec. 104. Freight and passenger rail security upgrades.
<DELETED>Sec. 105. Rail security research and development.
<DELETED>Sec. 106. Oversight and grant procedures.
<DELETED>Sec. 107. Amtrak plan to assist families of passengers 
                            involved in rail passenger accidents.
<DELETED>Sec. 108. Northern border rail passenger report.
<DELETED>Sec. 109. Rail worker security training program.
<DELETED>Sec. 110. Whistleblower protection program.
<DELETED>Sec. 111. High hazard material security threat mitigation 
                            plans.
<DELETED>Sec. 112. Memorandum of agreement.
<DELETED>Sec. 113. Rail security enhancements.
<DELETED>Sec. 114. Public awareness.
<DELETED>Sec. 115. Railroad high hazard material tracking.
<DELETED>Sec. 116. Authorization of appropriations.
<DELETED>TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL 
                                SECURITY

<DELETED>Sec. 201. Hazardous materials highway routing.
<DELETED>Sec. 202. Motor carrier high hazard material tracking.
<DELETED>Sec. 203. Hazardous materials security inspections and 
                            enforcement.
<DELETED>Sec. 204. Truck security assessment.
<DELETED>Sec. 205. National public sector response system.
<DELETED>Sec. 206. Over-the-road bus security assistance.
<DELETED>Sec. 207. Pipeline security and incident recovery plan.
<DELETED>Sec. 208. Pipeline security inspections and enforcement.
<DELETED>Sec. 209. Technical corrections.
<DELETED>Sec. 210. Certain personnel limitations not to apply.

           <DELETED>TITLE I--IMPROVED RAIL SECURITY</DELETED>

<DELETED>SEC. 101. RAIL TRANSPORTATION SECURITY RISK 
              ASSESSMENT.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) identification and evaluation of 
                critical assets and infrastructures;</DELETED>
                <DELETED>    (C) identification of vulnerabilities and 
                risks to those assets and infrastructures;</DELETED>
                <DELETED>    (D) identification of vulnerabilities and 
                risks that are specific to the transportation of 
                hazardous materials via railroad;</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) deploying equipment to detect 
                explosives and hazardous chemical, biological, and 
                radioactive substances, and any appropriate 
                countermeasures;</DELETED>
                <DELETED>    (C) training appropriate railroad or 
                railroad shipper employees in terrorism prevention, 
                passenger evacuation, and response 
                activities;</DELETED>
                <DELETED>    (D) conducting public outreach campaigns 
                on passenger railroads;</DELETED>
                <DELETED>    (E) deploying surveillance equipment; 
                and</DELETED>
                <DELETED>    (F) identifying the immediate and long-
                term costs of measures that may be required to address 
                those risks.</DELETED>
        <DELETED>    (3) Plans.--The report required by subsection (c) 
        shall include--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) a plan for coordinating existing and 
                planned rail security initiatives undertaken by the 
                public and private sectors; and</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) the possibility of rerouting 
                        traffic due to the loss of critical 
                        infrastructure, such as a bridge, tunnel, yard, 
                        or station; and</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) to secure major tunnel access points and 
        ensure tunnel integrity in New York, Baltimore, and Washington, 
        DC;</DELETED>
        <DELETED>    (2) to secure Amtrak trains;</DELETED>
        <DELETED>    (3) to secure Amtrak stations;</DELETED>
        <DELETED>    (4) to obtain a watch list identification system 
        approved by the Secretary;</DELETED>
        <DELETED>    (5) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;</DELETED>
        <DELETED>    (6) to hire additional police and security 
        officers, including canine units;</DELETED>
        <DELETED>    (7) to expand emergency preparedness efforts; 
        and</DELETED>
        <DELETED>    (8) for employee security training.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) $63,500,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $30,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    (3) $30,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts appropriated pursuant to this subsection shall remain 
available until expended.</DELETED>

<DELETED>SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) $100,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    (B) $100,000,000 for fiscal year 
                2009;</DELETED>
                <DELETED>    (C) $100,000,000 for fiscal year 2010; 
                and</DELETED>
                <DELETED>    (D) $100,000,000 for fiscal year 
                2011.</DELETED>
        <DELETED>    (2) For the Baltimore & Potomac tunnel and the 
        Union tunnel, together, to provide adequate drainage, 
        ventilation, communication, lighting, and passenger egress 
        upgrades--</DELETED>
                <DELETED>    (A) $10,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    (B) $10,000,000 for fiscal year 
                2009;</DELETED>
                <DELETED>    (C) $10,000,000 for fiscal year 2010; 
                and</DELETED>
                <DELETED>    (D) $10,000,000 for fiscal year 
                2011.</DELETED>
        <DELETED>    (3) For the Washington, DC, Union Station tunnels 
        to improve ventilation, communication, lighting, and passenger 
        egress upgrades--</DELETED>
                <DELETED>    (A) $8,000,000 for fiscal year 
                2008;</DELETED>
                <DELETED>    (B) $8,000,000 for fiscal year 
                2009;</DELETED>
                <DELETED>    (C) $8,000,000 for fiscal year 2010; 
                and</DELETED>
                <DELETED>    (D) $8,000,000 for fiscal year 
                2011.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Availability of Appropriated Funds.--Amounts made 
available pursuant to this section shall remain available until 
expended.</DELETED>
<DELETED>    (e) Plans Required.--The Secretary of Transportation may 
not make amounts available to Amtrak for obligation or expenditure 
under subsection (a)--</DELETED>
        <DELETED>    (1) until Amtrak has submitted to the Secretary, 
        and the Secretary has approved, an engineering and financial 
        plan for such projects; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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)--
</DELETED>
        <DELETED>    (1) consider the extent to which rail carriers 
        other than Amtrak use or plan to use the tunnels;</DELETED>
        <DELETED>    (2) consider the feasibility of seeking a 
        financial contribution from those other rail carriers toward 
        the costs of the projects; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY 
              UPGRADES.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) security and redundancy for critical 
        communications, computer, and train control systems essential 
        for secure rail operations;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) the security of hazardous material 
        transportation by rail;</DELETED>
        <DELETED>    (4) secure intercity passenger rail stations, 
        trains, and infrastructure;</DELETED>
        <DELETED>    (5) structural modification or replacement of rail 
        cars transporting high hazard materials to improve their 
        resistance to acts of terrorism;</DELETED>
        <DELETED>    (6) employee security awareness, preparedness, 
        passenger evacuation, and emergency response 
        training;</DELETED>
        <DELETED>    (7) public security awareness campaigns for 
        passenger train operations;</DELETED>
        <DELETED>    (8) the sharing of intelligence and information 
        about security threats;</DELETED>
        <DELETED>    (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;</DELETED>
        <DELETED>    (10) to hire additional police and security 
        officers, including canine units; and</DELETED>
        <DELETED>    (11) other improvements recommended by the report 
        required by section 101, including infrastructure, facilities, 
        and equipment upgrades.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in excess of $45,000,000 to Amtrak; 
        or</DELETED>
        <DELETED>    (2) in excess of $80,000,000 for the purposes 
        described in paragraphs (3) and (5) of subsection 
        (a).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) $100,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $100,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    (3) $100,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall 
remain available until expended.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT.</DELETED>

<DELETED>    (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--
</DELETED>
        <DELETED>    (1) reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous chemical, 
        biological, and radioactive substances;</DELETED>
        <DELETED>    (2) test new emergency response techniques and 
        technologies;</DELETED>
        <DELETED>    (3) develop improved freight technologies, 
        including--</DELETED>
                <DELETED>    (A) technologies for sealing rail 
                cars;</DELETED>
                <DELETED>    (B) automatic inspection of rail 
                cars;</DELETED>
                <DELETED>    (C) communication-based train controls; 
                and</DELETED>
                <DELETED>    (D) emergency response training;</DELETED>
        <DELETED>    (4) test wayside detectors that can detect 
        tampering with railroad equipment;</DELETED>
        <DELETED>    (5) support enhanced security for the 
        transportation of hazardous materials by rail, including--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (6) other projects that address vulnerabilities 
        and risks identified under section 101.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) is already sponsoring a research and 
        development project in a similar area; or</DELETED>
        <DELETED>    (2) has a unique facility or capability that would 
        be useful in carrying out the project.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) $33,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $33,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    (3) $33,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall 
remain available until expended.</DELETED>

<DELETED>SEC. 106. OVERSIGHT AND GRANT PROCEDURES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
              INVOLVED IN RAIL PASSENGER ACCIDENTS.</DELETED>

<DELETED>    (a) In General.--Chapter 243 of title 49, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 24316. Plans to address needs of families of passengers 
              involved in rail passenger accidents</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(b) Contents of Plans.--The plan to be submitted by 
Amtrak under subsection (a) shall include, at a minimum, the 
following:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--The chapter analysis for 
chapter 243 of title 49, United States Code, is amended by adding at 
the end the following:</DELETED>

<DELETED>``24316.  Plan to assist families of passengers involved in 
                            rail passenger accidents.''.

<DELETED>SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT.</DELETED>

<DELETED>    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--
</DELETED>
        <DELETED>    (1) a description of the current system for 
        screening passengers and baggage on passenger rail service 
        between the United States and Canada;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (6) a description of the position of the 
        Government of Canada and relevant Canadian agencies with 
        respect to preclearance of such passengers;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (8) an analysis of the feasibility of reinstating 
        in-transit inspections onboard international Amtrak 
        trains.</DELETED>

<DELETED>SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Program Elements.--The guidance developed under 
subsection (a) shall include elements, as appropriate to passenger and 
freight rail service, that address the following:</DELETED>
        <DELETED>    (1) Determination of the seriousness of any 
        occurrence.</DELETED>
        <DELETED>    (2) Crew communication and coordination.</DELETED>
        <DELETED>    (3) Appropriate responses to defend or protect 
        oneself.</DELETED>
        <DELETED>    (4) Use of protective devices.</DELETED>
        <DELETED>    (5) Evacuation procedures.</DELETED>
        <DELETED>    (6) Psychology of terrorists to cope with hijacker 
        behavior and passenger responses.</DELETED>
        <DELETED>    (7) Situational training exercises regarding 
        various threat conditions.</DELETED>
        <DELETED>    (8) Any other subject the Secretary considers 
        appropriate.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM.</DELETED>

<DELETED>    (a) In General.--Subchapter A of chapter 201 of title 49, 
United States Code, is amended by inserting after section 20117 the 
following:</DELETED>
<DELETED>``Sec. 20118. Whistleblower protection for rail security 
              matters</DELETED>
<DELETED>    ``(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)--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(3) refused to violate or assist in the 
        violation of any law, rule or regulation related to rail 
        security.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Disclosure of Identity.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``20118. Whistleblower protection for rail security 
                            matters.''.

<DELETED>SEC. 111. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION 
              PLANS.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) rail infrastructure or operations within the 
        immediate vicinity of a high-consequence target.</DELETED>
<DELETED>    (c) Completion and Review of Plans.--</DELETED>
        <DELETED>    (1) Plans required.--Each rail carrier shall--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) submit any subsequent revisions to the 
                plan to the Secretary within 30 days after making the 
                revisions.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (d) Definitions.--In this section:</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) catastrophic loss of life; 
                and</DELETED>
                <DELETED>    (B) significantly damaged national 
                security and defense capabilities; or</DELETED>
                <DELETED>    (C) national economic harm.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) loss of life; or</DELETED>
                <DELETED>    (B) significant damage to property or 
                structures.</DELETED>
        <DELETED>    (3) The term ``rail carrier'' has the meaning 
        given that term by section 10102(5) of title 49, United States 
        Code.</DELETED>

<DELETED>SEC. 112. MEMORANDUM OF AGREEMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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,''.</DELETED>

<DELETED>SEC. 113. RAIL SECURITY ENHANCEMENTS.</DELETED>

<DELETED>    (a) Rail Police Officers.--Section 28101 of title 49, 
United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before 
        ``Under''; and</DELETED>
        <DELETED>    (2) by striking ``the rail carrier'' each place it 
        appears and inserting ``any rail carrier''.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 114. PUBLIC AWARENESS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING.</DELETED>

<DELETED>    (a) Wireless Communications.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) car position location and tracking 
                capabilities;</DELETED>
                <DELETED>    (B) notification of rail car 
                depressurization, breach, or unsafe temperature; 
                and</DELETED>
                <DELETED>    (C) notification of hazardous material 
                release.</DELETED>
        <DELETED>    (2) Coordination.--In developing the program 
        required by paragraph (1), the Secretary shall--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 116. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) Transportation Security Administration 
Authorization.--Section 114 of title 49, United States Code, is amended 
by adding at the end thereof the following:</DELETED>
<DELETED>    ``(u) Authorization of Appropriations.--There are 
authorized to be appropriated to the Secretary of Homeland Security for 
rail security--</DELETED>
        <DELETED>    ``(1) $228,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    ``(2) $183,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    ``(3) $183,000,000 for fiscal year 
        2010.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) $121,500,000 for fiscal year 2007;</DELETED>
        <DELETED>    (2) $118,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (3) $118,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    (4) $195,000,000 for fiscal year 2011.</DELETED>

<DELETED>TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL 
                           SECURITY</DELETED>

<DELETED>SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) analyze current route-related hazardous 
        materials regulations in the United States, Canada, and Mexico 
        to identify cross-border differences and conflicting 
        regulations;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Route Plans.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL 
              TRACKING.</DELETED>

<DELETED>    (a) Wireless Communications--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) continuous communications;</DELETED>
                <DELETED>    (B) vehicle position location and tracking 
                capabilities; and</DELETED>
                <DELETED>    (C) a feature that allows a driver of such 
                vehicles to broadcast an emergency message.</DELETED>
        <DELETED>    (2) Considerations.--In developing the program 
        required by paragraph (1), the Secretary shall--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) evaluate--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) the ability of truck tracking 
                        technology to resist tampering and 
                        disabling;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iv) the appropriate range of 
                        contact intervals between the tracking 
                        technology and a commercial motor vehicle 
                        transporting high hazard materials; 
                        and</DELETED>
                        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 203. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
              ENFORCEMENT.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) the program does not subject carriers to 
        unnecessarily duplicative reviews of their security plans by 
        the 2 departments; and</DELETED>
        <DELETED>    (2) a common set of standards is used to review 
        the security plans.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Funding.--There are authorized to be appropriated to 
the Secretary of Homeland Security to carry out this section--
</DELETED>
        <DELETED>    (1) $2,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $2,000,000 for fiscal year 2009; and</DELETED>
        <DELETED>    (3) $2,000,000 for fiscal year 2010.</DELETED>

<DELETED>SEC. 204. TRUCK SECURITY ASSESSMENT.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (1) an assessment of actions already taken to 
        address identified security issues by both public and private 
        entities;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) an assessment of ongoing research and the need 
        for additional research on truck security; and</DELETED>
        <DELETED>    (4) an assessment of industry best practices to 
        enhance security.</DELETED>

<DELETED>SEC. 205. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Capability.--The national public sector response 
system to be considered shall be able to receive, as appropriate--
</DELETED>
        <DELETED>    (1) negative driver verification alerts;</DELETED>
        <DELETED>    (2) out-of-route alerts;</DELETED>
        <DELETED>    (3) driver panic or emergency alerts; 
        and</DELETED>
        <DELETED>    (4) tampering or release alerts.</DELETED>
<DELETED>    (c) Characteristics.--The national public sector response 
system to be considered shall--</DELETED>
        <DELETED>    (1) be an exception-based system;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) provide users the ability to create rules for 
        alert notification messages.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Funding.--There are authorized to be appropriated to 
the Secretary of Homeland Security to carry out this section--
</DELETED>
        <DELETED>    (1) $1,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $1,000,000 for fiscal year 2009; and</DELETED>
        <DELETED>    (3) $1,000,000 for fiscal year 2010.</DELETED>

<DELETED>SEC. 206. OVER-THE-ROAD BUS SECURITY ASSISTANCE.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their 
        security;</DELETED>
        <DELETED>    (2) protecting or isolating the driver;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (4) training employees in recognizing and 
        responding to security threats, evacuation procedures, 
        passenger screening procedures, and baggage 
        inspection;</DELETED>
        <DELETED>    (5) hiring and training security 
        officers;</DELETED>
        <DELETED>    (6) installing cameras and video surveillance 
        equipment on over-the-road buses and at terminals, garages, and 
        over-the-road bus facilities;</DELETED>
        <DELETED>    (7) creating a program for employee identification 
        or background investigation;</DELETED>
        <DELETED>    (8) establishing and upgrading an emergency 
        communications system linking operational headquarters, over-
        the-road buses, law enforcement, and emergency personnel; 
        and</DELETED>
        <DELETED>    (9) implementing and operating passenger screening 
        programs at terminals and on over-the-road buses.</DELETED>
<DELETED>    (b) Federal Share.--The Federal share of the cost for 
which any grant is made under this section shall be 80 
percent.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (e) Plan Requirement.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) a plan for making security 
                improvements described in subsection (a) and the 
                Secretary has approved the plan; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Bus Security Assessment.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Contents of preliminary report.--The 
        preliminary report shall include--</DELETED>
                <DELETED>    (A) an assessment of the over-the-road bus 
                security grant program;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) an assessment of whether additional 
                legislation is needed to provide for the security of 
                Americans traveling on over-the-road buses;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (F) an assessment of industry best 
                practices to enhance security.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (h) Funding.--There are authorized to be appropriated to 
the Secretary of Homeland Security to carry out this section--
</DELETED>
        <DELETED>    (1) $12,000,000 for fiscal year 2008;</DELETED>
        <DELETED>    (2) $25,000,000 for fiscal year 2009; 
        and</DELETED>
        <DELETED>    (3) $25,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall 
remain available until expended.</DELETED>

<DELETED>SEC. 207. PIPELINE SECURITY AND INCIDENT RECOVERY 
              PLAN.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) at high or severe security threat 
                levels of alert; and</DELETED>
                <DELETED>    (B) when specific security threat 
                information relating to such pipeline infrastructure or 
                operations exists; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Report.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 208. PIPELINE SECURITY INSPECTIONS AND 
              ENFORCEMENT.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Funding.--There are authorized to be appropriated to 
the Secretary of Homeland Security to carry out this section--
</DELETED>
        <DELETED>    (1) $2,000,000 for fiscal year 2008; and</DELETED>
        <DELETED>    (2) $2,000,000 for fiscal year 2009.</DELETED>

<DELETED>SEC. 209. TECHNICAL CORRECTIONS.</DELETED>

<DELETED>    (a) Hazmat Licenses.--Section 5103a of title 49, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``of Homeland Security'' after 
        ``Secretary'' each place it appears in subsections (a)(1), 
        (d)(1)(b), and (e); and</DELETED>
        <DELETED>    (2) by redesignating subsection (h) as subsection 
        (i) and inserting the following after subsection (g):</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 210. CERTAIN PERSONNEL LIMITATIONS NOT TO 
              APPLY.</DELETED>

<DELETED>    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.</DELETED>

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.
Sec. 3. Definitions.

                    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 risk mitigation plans.
Sec. 112. Enforcement authority.
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. Memorandum of agreement.
Sec. 204. Hazardous materials security inspections and enforcement.
Sec. 205. Truck security assessment.
Sec. 206. National public sector response system.
Sec. 207. Over-the-road bus security assistance.
Sec. 208. Pipeline security and incident recovery plan.
Sec. 209. Pipeline security inspections and enforcement.
Sec. 210. Technical corrections.
Sec. 211. Certain personnel limitations not to apply.
Sec. 212. Maritime and surface transportation security user fee study.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) High hazard materials.--The term ``high hazard 
        materials'' means quantities of poison inhalation hazard 
        materials, Class 2.3 gases, Class 6.1 materials, anhydrous 
        ammonia, and other hazardous materials that the Secretary, in 
        consultation with the Secretary of Transportation, determines 
        pose a security risk.
            (2) Secretary.--Except as otherwise explicitly provided, 
        the term ``Secretary'' means the Secretary of Homeland 
        Security.

                    TITLE I--IMPROVED RAIL SECURITY

SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Risk assessment.--The Secretary shall establish a task 
        force, including the Transportation Security Administration, 
        the Department of Transportation, and other appropriate 
        agencies, to complete a 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 described 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 risks to those assets and 
                infrastructures;
                    (D) identification of risks that are specific to 
                the transportation of hazardous materials via railroad;
                    (E) identification of risks to passenger and cargo 
                security, transportation infrastructure (including rail 
                tunnels used by passenger and freight railroads in high 
                threat urban areas), protection systems, operations, 
                communications systems, employee training, emergency 
                response planning, and any other area identified by the 
                assessment;
                    (F) an assessment of public and private operational 
                recovery plans to expedite, to the maximum extent 
                practicable, the return of an adversely affected 
                freight or passenger rail transportation system or 
                facility to its normal performance level after a major 
                terrorist attack or other security event on that system 
                or facility; and
            (G) 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 or on 
                operations served or otherwise affected by rail 
                service;
                    (B) deploying equipment and personnel to detect 
                security threats, including those posed by explosives 
                and hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (C) training appropriate railroad or railroad 
                shipper employees in terrorism prevention, 
                preparedness, passenger evacuation, and response 
                activities;
                    (D) conducting public outreach campaigns on 
                passenger railroads regarding security;
                    (E) deploying surveillance equipment;
                    (F) identifying the immediate and long-term costs 
                of measures that may be required to address those 
                risks; and
                    (G) public and private sector sources to fund such 
                measures.
            (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 adequate 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 coordination 
                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 shall consult with rail management, rail 
labor, owners or lessors of rail cars used to transport hazardous 
materials, first responders, offerers of hazardous materials, public 
safety officials, and other relevant parties. In developing the risk 
assessment required under this section, the Secretary shall utilize 
relevant existing risk assessments developed by the Department or other 
Federal agencies, and, as appropriate, assessments developed by other 
public and private stakeholders.
    (c) Report.--
            (1) Contents.--Within 1 year 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 to carry out this 
section $5,000,000 for fiscal year 2008.

SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--
            (1) Grants.--Subject to subsection (c) the Secretary, in 
        consultation with the Assistant Secretary of Homeland Security 
        (Transportation Security Administration), is authorized to make 
        grants to Amtrak in accordance with the provisions of this 
        section.
            (2) General purposes.--The Secretary may make such grants 
        for the purposes of--
                    (A) protecting underwater and underground assets 
                and systems;
                    (B) protecting high risk and high consequence 
                assets identified through system-wide risk assessments;
                    (C) providing counter-terrorism training;
                    (D) providing both visible and unpredictable 
                deterrence; and
                    (E) conducting emergency preparedness drills and 
                exercises.
            (3) Specific projects.--The Secretary shall make such 
        grants--
                    (A) to secure major tunnel access points and ensure 
                tunnel integrity in New York, New Jersey, Maryland, and 
                Washington, DC;
                    (B) to secure Amtrak trains;
                    (C) to secure Amtrak stations;
                    (D) to obtain a watch list identification system 
                approved by the Secretary;
                    (E) to obtain train tracking and interoperable 
                communications systems that are coordinated to the 
                maximum extent possible;
                    (F) to hire additional police officers, special 
                agents, security officers, including canine units, and 
                to pay for other labor costs directly associated with 
                security and terrorism prevention activities;
                    (G) to expand emergency preparedness efforts; and
                    (H) 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. Amtrak shall 
develop the security plan in consultation with constituent States and 
other relevant parties. The plan shall include appropriate measures to 
address security awareness, emergency response, and passenger 
evacuation training and shall be consistent with State security plans 
to the maximum extent practicable.
    (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 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, 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, New Jersey, Maryland, 
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 and New Jersey 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, through the 
Assistant Secretary of Homeland Security (Transportation Security 
Administration) and other appropriate agencies or officials, is 
authorized to make grants to freight railroads, the Alaska Railroad, 
hazardous materials offerers, 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 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 as determined under section 
101, and shall encourage non-Federal financial participation in 
projects funded by grants awarded under this section. With respect to 
grants for intercity passenger rail security, the Secretary shall also 
take into account passenger volume and whether stations or facilities 
are 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 determines that 
critical rail transportation security needs require reimbursement in 
greater amounts to any eligible entity, no grants under this section 
may be made cumulatively over the period authorized by this Act--
            (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 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.

SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary, 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 risk of terrorist attacks on rail 
        transportation, including risks posed by explosives and 
        hazardous chemical, biological, and radioactive substances to 
        intercity rail passengers, facilities, and equipment;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight rail security 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 risks identified under 
        section 101.
    (b) Coordination With Other Research Initiatives.--The Secretary 
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 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 may award contracts to 
audit and review the safety, security, procurement, management, and 
financial compliance of a recipient of amounts under this Act.
    (b) Procedures for Grant Award.--The Secretary shall, within 180 
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.
    (c) Additional Authority.--The Secretary may issue nonbinding 
letters under similar terms to those issued pursuant to section 
47110(e) of title 49, United States Code, to sponsors of rail projects 
funded under this Act.

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, the Secretary of 
        Transportation, and the Secretary of Homeland Security, 
        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.--Neither National Transportation Safety 
Board, the Secretary of Transportation, the Secretary of Homeland 
Security, nor Amtrak may 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 under this section 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 2008 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 1 year after the date of enactment of this Act, the 
Secretary, 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 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, appropriate law enforcement, security, and terrorism 
experts, representatives of railroad carriers and shippers, 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 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, behavior, and methods of terrorists.
            (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 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 90 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 90 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, locomotive 
engineers, conductors, trainmen, 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 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.--A railroad carrier engaged 
in interstate or foreign commerce may not discharge or in any way 
discriminate against an employee because the employee, whether acting 
for the employee or as a representative, has--
            ``(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 or Secretary of Homeland Security 
        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 RISK MITIGATION PLANS.

    (a) In General.--The Secretary, 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 risk 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 risk 
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 or 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 within 60 days after 
                the date of enactment of this Act;
                    (B) develop and submit a high hazard material 
                security risk mitigation plan to the Secretary within 
                180 days after it receives the notice of high 
                consequence targets on such routes by the Secretary 
                that includes an operational recovery plan to expedite, 
                to the maximum extent practicable, the return of an 
                adversely affected rail system or facility to its 
                normal performance level following a major terrorist 
                attack or other security incident; 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 property, 
        infrastructure, public space, or natural resource designated by 
        the Secretary that is a viable terrorist target of national 
        significance, the attack of which could result in--
                    (A) catastrophic loss of life;
                    (B) significant damage to national security or 
                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. ENFORCEMENT AUTHORITY.

    (a) In General.--Section 114 of title 49, United States Code, as 
amended by section 116 of this Act, is further amended by adding at the 
end thereof the following:
    ``(v) Enforcement of Regulations and Orders of the Secretary of 
Homeland Security Issued Under This Title.--
            ``(1) Application of subsection.--
                    ``(A) In general.--This subsection applies to the 
                enforcement of regulations prescribed, and orders 
                issued, by the Secretary of Homeland Security under a 
                provision of this title other than a provision of 
                chapter 449.
                    ``(B) Violations of chapter 449.--The penalties for 
                violations of regulations prescribed, and orders 
                issued, by the Secretary of Homeland Security under 
                chapter 449 of this title are provided under chapter 
                463 of this title.
                    ``(C) Nonapplication to certain violations.--
                            ``(i) Paragraphs (2) through (5) of this 
                        subsection do not apply to violations of 
                        regulations prescribed, and orders issued, by 
                        the Secretary of Homeland Security under a 
                        provision of this title--
                                    ``(I) involving the transportation 
                                of personnel or shipments of materials 
                                by contractors where the Department of 
                                Defense has assumed control and 
                                responsibility;
                                    ``(II) by a member of the armed 
                                forces of the United States when 
                                performing official duties; or
                                    ``(III) by a civilian employee of 
                                the Department of Defense when 
                                performing official duties.
                            ``(ii) Violations described in subclause 
                        (I), (II), or (III) of clause (i) shall be 
                        subject to penalties as determined by the 
                        Secretary of Defense or the Secretary's 
                        designee.
            ``(2) Civil penalty.--
                    ``(A) In general.--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 this title.
                    ``(B) Repeat 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 this 
                title. The Secretary shall give written notice of the 
                finding of a violation and the penalty.
                    ``(B) Scope of civil action.--In a civil action to 
                collect a civil penalty imposed by the Secretary under 
                this subsection, the court may not re-examine issues of 
                liability or the amount of the penalty.
                    ``(C) Jurisdiction.--The district courts of the 
                United States have exclusive jurisdiction of civil 
                actions to collect a civil penalty imposed by the 
                Secretary under this subsection 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 penalty.--The maximum 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.
            ``(4) Compromise and setoff.--
                    ``(A) The Secretary may compromise the amount of a 
                civil penalty imposed under this subsection. If the 
                Secretary compromises the amount of a civil penalty 
                under this subparagraph, the Secretary shall--
                            ``(i) notify the Senate Committee on 
                        Commerce, Science, and Transportation and the 
                        House of Representatives Committee on Homeland 
                        Security of the compromised penalty and explain 
                        the rationale therefor; and
                            ``(ii) make the explanation available to 
                        the public to the extent feasible without 
                        compromising security.
                    ``(B) 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.--Chapter 461 of this 
        title shall apply to investigations and proceedings brought 
        under this subsection to the same extent that it applies to 
        investigations and proceedings brought with respect to aviation 
        security duties designated to be carried out by the Secretary.
            ``(6) Definitions.--In this subsection:
                    ``(A) Person.--The term `person' does not include--
                            ``(i) the United States Postal Service; or
                            ``(ii) the Department of Defense.
                    ``(B) Small business concern.--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''.
    (c) 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 adding at the end the following:
    ``(b) Assignment.--A rail police officer employed by a rail carrier 
and certified or commissioned as a police officer under the laws of a 
State may be temporarily assigned to assist a second rail carrier in 
carrying out law enforcement duties upon the request of the second rail 
carrier, at which time the police officer shall be considered to be an 
employee of the second rail carrier and shall have authority to enforce 
the laws of any jurisdiction in which the second rail carrier owns 
property to the same extent as provided in subsection (a).''.
    (b) Model State Legislation.--By no later than September 7, 2007, 
the Secretary of Transportation shall develop model State legislation 
to address the problem of entities that claim to be rail carriers in 
order to establish and run a police force when the entities do not in 
fact provide rail transportation and shall make it available to State 
governments. In developing the model State legislation the Secretary 
shall solicit the input of the States, railroads companies, and 
railroad employees. The Secretary shall review and, if necessary, 
revise such model State legislation periodically.

SEC. 114. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary, 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 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, 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 
        technology that provides--
                    (A) car position location and tracking 
                capabilities; and
                    (B) notification of rail car depressurization, 
                breach, unsafe temperature, or release of hazardous 
                materials.
            (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 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) $205,000,000 for fiscal year 2008;
            ``(2) $166,000,000 for fiscal year 2009; and
            ``(3) $166,000,000 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) $121,000,000 for fiscal year 2008;
            (2) $118,000,000 for fiscal year 2009;
            (3) $118,000,000 for fiscal year 2010; and
            (4) $118,000,000 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, 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 risks associated with 
        hazardous material routes;
            (5) prepare guidance materials for State officials to 
        assist them in identifying and reducing both safety concerns 
        and security risks 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 risks 
        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) 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, through the Transportation Security 
        Administration and in consultation with the Secretary of 
        Transportation, shall develop a program to encourage the 
        tracking of motor carrier shipments of high hazard materials as 
        defined in this Act with communications technology that 
        provides--
                    (A) frequent or 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 or high hazardous materials 
                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 
                        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 tracking technology to 
                        resist tampering and disabling;
                            (iii) the capability of 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 to carry out this section $3,000,000 for each of fiscal years 
2008, 2009, and 2010.

SEC. 203. MEMORANDUM OF AGREEMENT.

    Similar to the other security annexes between the two departments, 
within 1 year after the date of enactment of this Act, the Secretary of 
Transportation and the Secretary 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 motor carrier transportation security matters, including 
the processes the departments will follow to promote communications, 
efficiency, and nonduplication of effort.

SEC. 204. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--The Secretary 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 an offerer, 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 
offerer, carrier, or other person received notice of the failure shall 
constitute a separate failure.
    (c) Compliance Review.--In reviewing the compliance of hazardous 
materials offerers, 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 of the highest risk 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, 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 offerers 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 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. 205. TRUCK SECURITY ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary, in consultation with 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 Committee 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;
            (4) an assessment of industry best practices to enhance 
        security; and
            (5) an assessment of the current status of secure motor 
        carrier parking.

SEC. 206. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

    (a) Development.--The Secretary, 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 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 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. 207. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) In General.--The Secretary 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 the purposes of emergency preparedness drills and 
exercises, protecting high risk/high consequence assets identified 
through system-wide risk assessment, counter-terrorism training, 
visible/unpredictable deterrence, public awareness and preparedness 
campaigns, and 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 risks, 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 emergency communications 
        tracking and control systems; and
            (9) implementing and operating passenger screening programs 
        at terminals and on over-the-road buses.
    (b) 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 risks to bus passengers and the ability of the funded project 
to reduce, or respond to, that risk.
    (c) 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).
    (d) 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 
                reviewed or 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.
    (e) 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.
    (f) Bus Security Assessment.--
            (1) In general.--Not later than 1 year 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 in accordance with the requirements 
        of this section.
            (2) Contents of report.--The 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;
                    (F) an assessment of industry best practices to 
                enhance security; and
                    (G) an assessment of school bus security, if the 
                Secretary deems it appropriate.
            (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.
    (g) Funding.--There are authorized to be appropriated to the 
Secretary 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. 208. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

    (a) In General.--The Secretary, 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 209--
                    (A) at severe security threat levels of alert; or
                    (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 shall consult with the Secretary of Transportation, 
interstate and intrastate transmission and distribution pipeline 
operators, pipeline labor, first responders, shippers, State pipeline 
safety agencies, public safety officials, and other relevant parties.
    (d) Report.--
            (1) Contents.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary 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. 209. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--Within 1 year after the date of enactment of this 
Act the Secretary, 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 and the Secretary of Transportation 
shall develop and implement a plan for reviewing 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.
    (c) Compliance Review Methodology--In reviewing pipeline operator 
compliance under subsections (a) and (b), risk assessment methodologies 
shall be used to prioritize risks and to target inspection and 
enforcement actions to the highest risk pipeline assets.
    (d) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary and the Secretary of Transportation shall develop 
and transmit to pipeline operators security recommendations for natural 
gas and hazardous liquid pipelines and pipeline facilities. If the 
Secretary determines that regulations are appropriate, the Secretary 
shall consult with the Secretary of Transportation on the extent of 
risk and appropriate mitigation measures, and the Secretary or the 
Secretary of Transportation, consistent with the memorandum of 
understanding annex signed on August 9, 2006, 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 to carry out this section--
            (1) $2,000,000 for fiscal year 2008; and
            (2) $2,000,000 for fiscal year 2009.

SEC. 210. 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. 211. 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.

SEC. 212. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.

    (a) In General.--The Secretary of Homeland Security shall conduct a 
study of the need for, and feasibility of, establishing a system of 
maritime and surface transportation-related user fees that may be 
imposed and collected as a dedicated revenue source, on a temporary or 
continuing basis, to provide necessary funding for legitimate 
improvements to, and maintenance of, maritime and surface 
transportation security. In developing the study, the Secretary shall 
consult with maritime and surface transportation carriers, shippers, 
passengers, facility owners and operators, and other persons as 
determined by the Secretary. Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall submit a report to the 
appropriate congressional committees that contains--
            (1) the results of the study;
            (2) an assessment of the annual sources of funding 
        collected through maritime and surface transportation at ports 
        of entry and a detailed description of the distribution and use 
        of such funds, including the amount and percentage of such 
        sources that are dedicated to improve and maintain security;
            (3)(A) an assessment of the fees, charges, and standards 
        imposed on United States ports, port terminal operators, 
        shippers, carriers, and other persons who use United States 
        ports of entry compared with the fees and charges imposed on 
        Canadian and Mexican ports, Canadian and Mexican port terminal 
        operators, shippers, carriers, and other persons who use 
        Canadian or Mexican ports of entry; and
            (B) an assessment of the impact of such fees, charges, and 
        standards on the competitiveness of United States ports, port 
        terminal operators, railroads, motor carriers, pipelines, other 
        transportation modes, and shippers;
            (4) an assessment of private efforts and investments to 
        secure maritime and surface transportation modes, including 
        those that are operational and those that are planned; and
            (5) the Secretary's recommendations based upon the study, 
        and an assessment of the consistency of such recommendations 
        with the international obligations and commitments of the 
        United States.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' has the meaning given 
        that term by section 2(1) of the SAFE Port Act (6 U.S.C. 
        901(1)).
            (2) Port of entry.--The term ``port of entry'' means any 
        port or other facility through which foreign goods are 
        permitted to enter the customs territory of a country under 
        official supervision.
            (3) Maritime and surface transportation.--The term 
        ``maritime and surface transportation'' includes oceanborne, 
        rail, and vehicular transportation.
                                                        Calendar No. 26

110th CONGRESS

  1st Session

                                 S. 184

_______________________________________________________________________

                                 A BILL

     To provide improved rail and surface transportation security.

_______________________________________________________________________

                           February 15, 2007

                       Reported with an amendment