[Congressional Record Volume 153, Number 1 (Thursday, January 4, 2007)]
[Senate]
[Pages S171-S179]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. INOUYE (for himself, Mr. Stevens, Mr. Lautenberg, Ms.
Snowe, Mr. Rockefeller, Mr. Kerry, Mr. Lieberman. Mrs. Boxer,
Mr. Pryor, Mr. Carper, Mr. Biden, Mr. Baucus, Mrs. Clinton, and
Mr. Schumer):
S. 184. A bill to provide improved rail and surface transportation
security; to the Committee on Commerce, Science, and Transportation.
Mr. INOUYE. Mr. President, last year we made significant improvements
to the Nation's transportation security system by enacting the SAFE
Port Act, which strengthened the security of our Nation's ports and
maritime vessels. Yet, during the conference on this important bill,
the Congress failed to seize the opportunity to enact comprehensive
transportation security legislation that would have provided real
homeland security for our entire transportation system. The Senate-
passed version of the SAFE Port Act contained essential provisions that
would have strengthened security in all of the surface modes of
transportation, including passenger and freight rail, public transit,
trucking, intercity bus and pipelines. But jurisdictional infighting
and a lack of political will kept the leadership of the House of
Representatives from agreeing to, or even attempting to consider, these
provisions in conference.
Given the urgent need for surface transportation security
improvements, Cochairman Stevens and I are introducing the Surface
Transportation and Rail Security Act of 2007, or STARS Act, to once
again offer the Congress an opportunity to enact a comprehensive
transportation security bill. We have all seen the possible
consequences of an attack on critical surface transportation systems in
Madrid and London. We have all heard about possible threats and foiled
plots aimed at our rail tunnels and stations here at home. The time has
come for us to address these vulnerabilities and risks in a
comprehensive and coordinated way that ensures that in the rush to
protect one mode of transportation we don't shift vulnerability towards
other, less secure, transportation modes.
The STARS Act combines the rail, truck, bus, pipeline and hazardous
materials security provisions that were included in the Senate-passed
SAFE Port Act into a stand-alone bill, which the Commerce Committee
will soon consider. These provisions were endorsed unanimously by the
Senate during consideration of the SAFE Port Act, and the House of
Representatives overwhelmingly voted to instruct its conferees to
include these provisions in the Conference Report--advice the House
leadership declined to accept. Additionally, the rail security portion
of this package has already passed the Senate twice in prior Congresses
and has been endorsed by railroads and rail labor alike. This kind of
support demonstrates both the necessity of these improvements and the
distinct possibility that we can finally enact these provisions into
law this Congress.
The legislation that we introduce today reflects the Commerce
Committee's substantial expertise over the issues of transportation
security. The time has come to advance these improvements, and protect
the vital surface transportation assets that grant us the quality of
life and economic health that we all cherish. Our legislation presents
an opportunity to make immediate progress on transportation security,
and it is my sincere hope that my colleagues will join me in supporting
consideration and passage of this measure as soon as possible.
I ask unanimous consent that the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 184
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation and
Rail Security Act of 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Title I--Improved Rail Security
Sec. 101. Rail transportation security risk assessment.
Sec. 102. Systemwide amtrak security upgrades.
Sec. 103. Fire and life-safety improvements.
Sec. 104. Freight and passenger rail security upgrades.
Sec. 105. Rail security research and development.
Sec. 106. Oversight and grant procedures.
Sec. 107. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 108. Northern border rail passenger report.
Sec. 109. Rail worker security training program.
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Sec. 110. Whistleblower protection program.
Sec. 111. High hazard material security threat mitigation plans.
Sec. 112. Memorandum of agreement.
Sec. 113. Rail security enhancements.
Sec. 114. Public awareness.
Sec. 115. Railroad high hazard material tracking.
Sec. 116. Authorization of appropriations.
Title II--Improved Motor Carrier, Bus, and Hazardous Material Security
Sec. 201. Hazardous materials highway routing.
Sec. 202. Motor carrier high hazard material tracking.
Sec. 203. Hazardous materials security inspections and enforcement.
Sec. 204. Truck security assessment.
Sec. 205. National public sector response system.
Sec. 206. Over-the-road bus security assistance.
Sec. 207. Pipeline security and incident recovery plan.
Sec. 208. Pipeline security inspections and enforcement.
Sec. 209. Technical corrections.
Sec. 210. Certain personnel limitations not to apply.
TITLE I--IMPROVED RAIL SECURITY
SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Vulnerability and risk assessment.--The Secretary of
Homeland Security shall establish a task force, including the
Transportation Security Administration, the Department of
Transportation, and other appropriate agencies, to complete a
vulnerability and risk assessment of freight and passenger
rail transportation (encompassing railroads, as that term is
defined in section 20102(1) of title 49, United States Code).
The assessment shall include--
(A) a methodology for conducting the risk assessment,
including timelines, that addresses how the Department of
Homeland Security will work with the entities describe in
subsection (b) and make use of existing Federal expertise
within the Department of Homeland Security, the Department of
Transportation, and other appropriate agencies;
(B) identification and evaluation of critical assets and
infrastructures;
(C) identification of vulnerabilities and risks to those
assets and infrastructures;
(D) identification of vulnerabilities and risks that are
specific to the transportation of hazardous materials via
railroad;
(E) identification of security weaknesses in passenger and
cargo security, transportation infrastructure, protection
systems, procedural policies, communications systems,
employee training, emergency response planning, and any other
area identified by the assessment; and
(F) an account of actions taken or planned by both public
and private entities to address identified rail security
issues and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail bridges,
rail switching and car storage areas, other rail
infrastructure and facilities, information systems, and other
areas identified by the Secretary as posing significant rail-
related risks to public safety and the movement of interstate
commerce, taking into account the impact that any proposed
security measure might have on the provision of rail service;
(B) deploying equipment to detect explosives and hazardous
chemical, biological, and radioactive substances, and any
appropriate countermeasures;
(C) training appropriate railroad or railroad shipper
employees in terrorism prevention, passenger evacuation, and
response activities;
(D) conducting public outreach campaigns on passenger
railroads;
(E) deploying surveillance equipment; and
(F) identifying the immediate and long-term costs of
measures that may be required to address those risks.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the freight and
intercity passenger railroads, and State and local
governments, for the Federal government to provide increased
security support at high or severe threat levels of alert;
(B) a plan for coordinating existing and planned rail
security initiatives undertaken by the public and private
sectors; and
(C) a contingency plan, developed in conjunction with
freight and intercity and commuter passenger railroads, to
ensure the continued movement of freight and passengers in
the event of an attack affecting the railroad system, which
shall contemplate--
(i) the possibility of rerouting traffic due to the loss of
critical infrastructure, such as a bridge, tunnel, yard, or
station; and
(ii) methods of continuing railroad service in the
Northeast Corridor in the event of a commercial power loss,
or catastrophe affecting a critical bridge, tunnel, yard, or
station.
(b) Consultation; Use of Existing Resources.--In carrying
out the assessment and developing the recommendations and
plans required by subsection (a), the Secretary of Homeland
Security shall consult with rail management, rail labor,
owners or lessors of rail cars used to transport hazardous
materials, first responders, shippers of hazardous materials,
public safety officials, and other relevant parties.
(c) Report.--
(1) Contents.--Within 180 days after the date of enactment
of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report containing the assessment,
prioritized recommendations, and plans required by subsection
(a) and an estimate of the cost to implement such
recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with
the Secretary of Transportation, shall update the assessment
and recommendations each year and transmit a report, which
may be submitted in both classified and redacted formats, to
the Committees named in subsection (c)(1), containing the
updated assessment and recommendations.
(e) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, as amended by section
116 of this Act, there shall be made available to the
Secretary of Homeland Security to carry out this section
$5,000,000 for fiscal year 2008.
SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--Subject to subsection (c) the Secretary of
Homeland Security, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), is authorized to make grants to Amtrak--
(1) to secure major tunnel access points and ensure tunnel
integrity in New York, Baltimore, and Washington, DC;
(2) to secure Amtrak trains;
(3) to secure Amtrak stations;
(4) to obtain a watch list identification system approved
by the Secretary;
(5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(6) to hire additional police and security officers,
including canine units;
(7) to expand emergency preparedness efforts; and
(8) for employee security training.
(b) Conditions.--The Secretary of Transportation shall
disburse funds to Amtrak provided under subsection (a) for
projects contained in a systemwide security plan approved by
the Secretary of Homeland Security. The plan shall include
appropriate measures to address security awareness, emergency
response, and passenger evacuation training.
(c) Equitable Geographic Allocation.--The Secretary shall
ensure that, subject to meeting the highest security needs on
Amtrak's entire system and consistent with the risk
assessment required under section 101, stations and
facilities located outside of the Northeast Corridor receive
an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code,
as amended by section 116 of this Act,, there shall be made
available to the Secretary of Homeland Security and the
Assistant Secretary of Homeland Security (Transportation
Security Administration) to carry out this section--
(1) $63,500,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009; and
(3) $30,000,000 for fiscal year 2010.
Amounts appropriated pursuant to this subsection shall remain
available until expended.
SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, is
authorized to make grants to Amtrak for the purpose of making
fire and life-safety improvements to Amtrak tunnels on the
Northeast Corridor in New York, NY, Baltimore, MD, and
Washington, DC.
(b) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 116(b) of this Act, there
shall be made available to the Secretary of Transportation
for the purposes of carrying out subsection (a) the following
amounts:
(1) For the 6 New York tunnels to provide ventilation,
electrical, and fire safety technology upgrades, emergency
communication and lighting systems, and emergency access and
egress for passengers--
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009;
(C) $100,000,000 for fiscal year 2010; and
(D) $100,000,000 for fiscal year 2011.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2008;
(B) $10,000,000 for fiscal year 2009;
(C) $10,000,000 for fiscal year 2010; and
(D) $10,000,000 for fiscal year 2011.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $8,000,000 for fiscal year 2008;
(B) $8,000,000 for fiscal year 2009;
[[Page S173]]
(C) $8,000,000 for fiscal year 2010; and
(D) $8,000,000 for fiscal year 2011.
(c) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section 116(b) of this Act, there shall be made
available to the Secretary of Transportation for fiscal year
2008 $3,000,000 for the preliminary design of options for a
new tunnel on a different alignment to augment the capacity
of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made
available pursuant to this section shall remain available
until expended.
(e) Plans Required.--The Secretary of Transportation may
not make amounts available to Amtrak for obligation or
expenditure under subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1)
and (2) of subsection (e) and approve or disapprove the plans
within 45 days after the date on which each such plan is
submitted by Amtrak. If the Secretary determines that a plan
is incomplete or deficient, the Secretary shall notify Amtrak
of the incomplete items or deficiencies and Amtrak shall,
within 30 days after receiving the Secretary's notification,
submit a modified plan for the Secretary's review. Within 15
days after receiving additional information on items
previously included in the plan, and within 45 days after
receiving items newly included in a modified plan, the
Secretary shall either approve the modified plan, or, if the
Secretary finds the plan is still incomplete or deficient,
the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation, the House
of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security the portions of the plan the Secretary
finds incomplete or deficient, approve all other portions of
the plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions
of the plan.
(g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely
completion of all portions of the tunnel projects described
in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs
of the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary of Homeland
Security, through the Assistant Secretary of Homeland
Security (Transportation Security Administration) and other
appropriate agencies, is authorized to make grants to freight
railroads, the Alaska Railroad, hazardous materials shippers,
owners of rail cars used in the transportation of hazardous
materials, universities, colleges and research centers, State
and local governments (for rail passenger facilities and
infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities
to prevent or respond to acts of terrorism, sabotage, or
other intercity passenger rail and freight rail security
vulnerabilities and risks identified under section 101,
including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their
resistance to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 101, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made
under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section 101, and shall encourage non-Federal
financial participation in awarding grants. With respect to
grants for intercity passenger rail security, the Secretary
shall also take into account passenger volume and whether a
station is used by commuter rail passengers as well as
intercity rail passengers.
(d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak
meets the conditions set forth in section 102(b) of this Act.
(e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section 101 the
Secretary of Homeland Security determines that critical rail
transportation security needs require reimbursement in
greater amounts to any eligible entity, no grants under this
section may be made--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United
States Code, as amended by section 116 of this Act,, there
shall be made available to the Secretary of Homeland Security
to carry out this section--
(1) $100,000,000 for fiscal year 2008;
(2) $100,000,000 for fiscal year 2009; and
(3) $100,000,000 for fiscal year 2010
.Amounts made available pursuant to this subsection shall
remain available until expended.
(g) High Hazard Materials Defined.--In this section, the
term ``high hazard materials'' means quantities of poison
inhalation hazard materials, Class 2.3 gases, Class 6.1
materials, and anhydrous ammonia that the Secretary, in
consultation with the Secretary of Transportation, determines
pose a security risk.
SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary of Homeland Security, through the Under Secretary
for Science and Technology and the Assistant Secretary of
Homeland Security (Transportation Security Administration),
in consultation with the Secretary of Transportation shall
carry out a research and development program for the purpose
of improving freight and intercity passenger rail security
that may include research and development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical,
biological, and radioactive substances;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car or other
rail car used to transport hazardous materials and transmit
information about the integrity of cars to the train crew or
dispatcher;
(B) research to improve tank car integrity, with a focus on
tank cars that carry high hazard materials (as defined in
section 104(g) of this Act); and
(C) techniques to transfer hazardous materials from rail
cars that are damaged or otherwise represent an unreasonable
risk to human life or public safety; and
(6) other projects that address vulnerabilities and risks
identified under section 101.
(b) Coordination With Other Research Initiatives.--The
Secretary of Homeland Security shall ensure that the research
and development program authorized by this section is
coordinated with other research and development initiatives
at the Department of Homeland Security and the Department of
Transportation. The Secretary shall carry out any research
and development project authorized by this section through a
reimbursable agreement with the Secretary of Transportation,
if the Secretary of Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research
and development program, the Secretary may award grants to
the entities described in section 104(a) and shall adopt
necessary procedures, including audits, to ensure that grants
made under this section are expended in accordance with the
purposes of this title and the priorities and other criteria
developed by the Secretary.
(d) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United
States Code, as
[[Page S174]]
amended by section 116 of this Act,, there shall be made
available to the Secretary of Homeland Security to carry out
this section--
(1) $33,000,000 for fiscal year 2008;
(2) $33,000,000 for fiscal year 2009; and
(3) $33,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall
remain available until expended.
SEC. 106. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary of Homeland
Security may use up to 0.5 percent of amounts made available
for capital projects under this Act to enter into contracts
for the review of proposed capital projects and related
program management plans and to oversee construction of such
projects.
(b) Use of Funds.--The Secretary may use amounts available
under subsection (a) of this subsection to make contracts to
audit and review the safety, procurement, management, and
financial compliance of a recipient of amounts under this
title.
(c) Procedures for Grant Award.--The Secretary shall,
within 90 days after the date of enactment of this Act,
prescribe procedures and schedules for the awarding of grants
under this title, including application and qualification
procedures (including a requirement that the applicant have a
security plan), and a record of decision on applicant
eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary
and shall be consistent, to the extent practicable, with the
grant procedures established under section 70107 of title 46,
United States Code.
SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of
passengers involved in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Surface Transportation and
Rail Security Act of 2007, Amtrak shall submit to the
Chairman of the National Transportation Safety Board, the
Secretary of Transportation, and the Secretary of Homeland
Security a plan for addressing the needs of the families of
passengers involved in any rail passenger accident involving
an Amtrak intercity train and resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board and the Secretary
of Transportation, immediately upon request, a list (which is
based on the best available information at the time of the
request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers
not holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names
of the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and
personal effects of the passenger within Amtrak's control;
that any possession of the passenger within Amtrak's control
will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a
passenger within Amtrak's control will be retained by the
rail passenger carrier for at least 18 months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of
the families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may
not release any personal information on a list obtained under
subsection (b)(1) but may provide information on the list
about a passenger to the family of the passenger to the
extent that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court
arising out of the performance of Amtrak in preparing or
providing a passenger list, or in providing information
concerning a train reservation, pursuant to a plan submitted
by Amtrak under subsection (b), unless such liability was
caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that
Amtrak may take, or the obligations that Amtrak may have, in
providing assistance to the families of passengers involved
in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to
section 116(b) of the Surface Transportation and Rail
Security Act of 2007, there shall be made available to the
Secretary of Transportation for the use of Amtrak $500,000
for fiscal year 2007 to carry out this section. Amounts made
available pursuant to this subsection shall remain available
until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter
243 of title 49, United States Code, is amended by adding at
the end the following:
``24316. Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration), the Secretary of Transportation,
heads of other appropriate Federal departments, and agencies
and the National Railroad Passenger Corporation, shall
transmit a report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security that
contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January
18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and
the Secretary of Transportation, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers, and nonprofit employee
organizations that represent rail workers, shall develop and
issue detailed guidance for a rail worker security training
program to prepare front-line workers for potential threat
conditions. The guidance shall take into consideration any
current security training requirements or best practices.
(b) Program Elements.--The guidance developed under
subsection (a) shall include elements, as appropriate to
passenger and freight rail service, that address the
following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days
after the Secretary of Homeland Security issues guidance
under subsection (a) in final form, each railroad carrier
shall develop a rail worker security training program in
accordance with that guidance and submit it to the Secretary
for review. Not later than 30 days after receiving a railroad
carrier's program under this subsection, the Secretary shall
review the program and transmit comments to the railroad
carrier concerning any revisions the Secretary considers
necessary for the program to meet the guidance requirements.
A railroad carrier shall respond to the Secretary's
[[Page S175]]
comments within 30 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary
reviews the training program developed by a railroad carrier
under this section, the railroad carrier shall complete the
training of all front-line workers in accordance with that
program. The Secretary shall review implementation of the
training program of a representative sample of railroad
carriers and report to the Senate Committee on Commerce,
Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House
of Representatives Committee on Homeland Security on the
number of reviews conducted and the results. The Secretary
may submit the report in both classified and redacted formats
as necessary.
(e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) as appropriate to
reflect new or different security threats. Railroad carriers
shall revise their programs accordingly and provide
additional training to their front-line workers within a
reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers,
train operators, other onboard employees, maintenance and
maintenance support personnel, bridge tenders, as well as
other appropriate employees of railroad carriers, as defined
by the Secretary.
(g) Other Employees.--The Secretary of Homeland Security
shall issue guidance and best practices for a rail shipper
employee security program containing the elements listed
under subsection (b) as appropriate.
SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section
20117 the following:
``Sec. 20118. Whistleblower protection for rail security
matters
``(a) Discrimination Against Employee.--No rail carrier
engaged in interstate or foreign commerce may discharge a
railroad employee or otherwise discriminate against a
railroad employee because the employee (or any person acting
pursuant to a request of the employee)--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the
Federal Government information relating to a reasonably
perceived threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under
section 3 of the Railway Labor Act (45 U.S.C. 153). In a
proceeding by the National Railroad Adjustment Board, a
division or delegate of the Board, or another board of
adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be
expedited and the dispute, grievance, or claim shall be
resolved not later than 180 days after it is filed. If the
violation is a form of discrimination that does not involve
discharge, suspension, or another action affecting pay, and
no other remedy is available under this subsection, the
Board, division, delegate, or other board of adjustment may
award the employee reasonable damages, including punitive
damages, of not more than $20,000.
``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section
42121(b)(2)(B) of this subtitle, including the burdens of
proof, applies to any complaint brought under this section.
``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and
another provision of law for the same allegedly unlawful act
of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter
201 of title 49, United States Code, is amended by inserting
after the item relating to section 20117 the following:
``20118. Whistleblower protection for rail security matters.''.
SEC. 111. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration) and the
Secretary of Transportation, shall require rail carriers
transporting a high hazard material, as defined in section
104(g) of this Act to develop a high hazard material security
threat mitigation plan containing appropriate measures,
including alternative routing and temporary shipment
suspension options, to address assessed risks to high
consequence targets. The plan, and any information submitted
to the Secretary under this section shall be protected as
sensitive security information under the regulations
prescribed under section 114(s) of title 49, United States
Code.
(b) Implementation.--A high hazard material security threat
mitigation plan shall be put into effect by a rail carrier
for the shipment of high hazardous materials by rail on the
rail carrier's right-of-way when the threat levels of the
Homeland Security Advisory System are high or severe and
specific intelligence of probable or imminent threat exists
towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high hazard
materials to the Secretary of Homeland Security within 60
days after the date of enactment of this Act;
(B) develop and submit a high hazard material security
threat mitigation plan to the Secretary within 180 days after
it receives the notice of high consequence targets on such
routes by the Secretary; and
(C) submit any subsequent revisions to the plan to the
Secretary within 30 days after making the revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad
carrier shall respond to the Secretary's comments within 30
days after receiving them. Each rail carrier shall update and
resubmit its plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means a building,
buildings, infrastructure, public space, or natural resource
designated by the Secretary of Homeland Security that is
viable terrorist target of national significance, the attack
of which could result in--
(A) catastrophic loss of life; and
(B) significantly damaged national security and defense
capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.
SEC. 112. MEMORANDUM OF AGREEMENT.
(a) Memorandum of Agreement.--Similar to the public
transportation security annex between the two departments
signed on September 8, 2005, within 1 year after the date of
enactment of this Act, the Secretary of Transportation and
the Secretary of Homeland Security shall execute and develop
an annex to the memorandum of agreement between the two
departments signed on September 28, 2004, governing the
specific roles, delineations of responsibilities, resources
and commitments of the Department of Transportation and the
Department of Homeland Security, respectively, in addressing
railroad transportation security matters, including the
processes the departments will follow to promote
communications, efficiency, and nonduplication of effort.
(b) Rail Safety Regulations.--Section 20103(a) of title 49,
United States Code, is amended by striking ``safety'' the
first place it appears, and inserting ``safety, including
security,''.
SEC. 113. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by striking ``the rail carrier'' each place it appears
and inserting ``any rail carrier''.
(b) Review of Rail Regulations.--Within 1 year after the
date of enactment of this Act, the Secretary of
Transportation, in consultation with the Secretary of
Homeland Security and the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
review existing rail regulations of the Department of
Transportation for the purpose of identifying areas in which
those regulations need to be revised to improve rail
security.
SEC. 114. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with
the Secretary of Transportation, shall develop a national
plan for public outreach and awareness. Such plan shall be
designed to increase awareness of measures that the general
public, railroad passengers, and railroad employees can take
to increase railroad system security. Such plan shall also
provide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing
research and development efforts, and available Federal
funding sources to improve railroad security. Not later than
9 months after the date of enactment of this Act, the
Secretary of Homeland
[[Page S176]]
Security shall implement the plan developed under this
section.
SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 105 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall
develop a program that will encourage the equipping of rail
cars transporting high hazard materials (as defined in
section 104(g) of this Act) with wireless terrestrial or
satellite communications technology that provides--
(A) car position location and tracking capabilities;
(B) notification of rail car depressurization, breach, or
unsafe temperature; and
(C) notification of hazardous material release.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for rail car tracking at the Department of Transportation;
and
(B) ensure that the program is consistent with
recommendations and findings of the Department of Homeland
Security's hazardous material tank rail car tracking pilot
programs.
(b) Funding.--Out of funds appropriated pursuant to section
114(u) of title 49, United States Code, as amended by section
116 of this Act, there shall be made available to the
Secretary of Homeland Security to carry out this section
$3,000,000 for each of fiscal years 2008, 2009, and 2010.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--
Section 114 of title 49, United States Code, is amended by
adding at the end thereof the following:
``(u) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security for rail security--
``(1) $228,000,000 for fiscal year 2008;
``(2) $183,000,000 for fiscal year 2009; and
``(3) $183,000,000 for fiscal year 2010.''.
(b) Department of Transportation.--There are authorized to
be appropriated to the Secretary of Transportation to carry
out this title and sections 20118 and 24316 of title 49,
United States Code, as added by this Act--
(1) $121,500,000 for fiscal year 2007;
(2) $118,000,000 for fiscal year 2008;
(3) $118,000,000 for fiscal year 2009; and
(4) $195,000,000 for fiscal year 2011.
TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Within one year after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall--
(1) document existing and proposed routes for the
transportation of radioactive and non-radioactive hazardous
materials by motor carrier, and develop a framework for using
a Geographic Information System-based approach to
characterize routes in the National Hazardous Materials Route
Registry;
(2) assess and characterize existing and proposed routes
for the transportation of radioactive and non-radioactive
hazardous materials by motor carrier for the purpose of
identifying measurable criteria for selecting routes based on
safety and security concerns;
(3) analyze current route-related hazardous materials
regulations in the United States, Canada, and Mexico to
identify cross-border differences and conflicting
regulations;
(4) document the concerns of the public, motor carriers,
and State, local, territorial, and tribal governments about
the highway routing of hazardous materials for the purpose of
identifying and mitigating security vulnerabilities
associated with hazardous material routes;
(5) prepare guidance materials for State officials to
assist them in identifying and reducing both safety concerns
and security vulnerabilities when designating highway routes
for hazardous materials consistent with the 13 safety-based
non-radioactive materials routing criteria and radioactive
materials routing criteria in Subpart C part 397 of title 49,
Code of Federal Regulations;
(6) develop a tool that will enable State officials to
examine potential routes for the highway transportation of
hazardous material and assess specific security
vulnerabilities associated with each route and explore
alternative mitigation measures; and
(7) transmit to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives
Committee on Transportation and Infrastructure a report on
the actions taken to fulfill paragraphs (1) through (6) of
this subsection and any recommended changes to the routing
requirements for the highway transportation of hazardous
materials in part 397 of title 49, Code of Federal
Regulations.
(b) Route Plans.--
(1) Assessment.--Within one year after the date of
enactment of this Act, the Secretary of Transportation shall
complete an assessment of the safety and national security
benefits achieved under existing requirements for route
plans, in written or electronic format, for explosives and
radioactive materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of Transportation
recordable incidents and the severity of such incidents for
shipments of explosives and radioactive materials for which
such route plans are required with the percentage of
recordable incidents and the severity of such incidents for
shipments of explosives and radioactive materials not subject
to such route plans; and
(B) quantify the security and safety benefits, feasibility,
and costs of requiring each motor carrier that is required to
have a hazardous material safety permit under part 385 of
title 49, Code of Federal Regulations, to maintain, follow,
and carry such a route plan that meets the requirements of
section 397.101 of that title when transporting the type and
quantity of hazardous materials described in section 385.403
of that title, taking into account the various segments of
the trucking industry, including tank truck, truckload and
less than truckload carriers.
(2) Report.--Within one year after the date of enactment of
this Act, the Secretary of Transportation shall submit a
report to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing the findings and
conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor
carriers that have a hazardous material safety permit under
part 385 of title 49, Code of Federal Regulations, to
maintain, follow, and carry a route plan, in written or
electronic format, that meets the requirements of section
397.101 of that title when transporting the type and quantity
of hazardous materials described in section 385.403 of that
title if the Secretary determines, under the assessment
required in subsection (b), that such a requirement would
enhance the security and safety of the nation without
imposing unreasonable costs or burdens upon motor carriers.
SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications--
(1) In general.--Consistent with the findings of the
Transportation Security Administration's Hazmat Truck
Security Pilot Program and within 6 months after the date of
enactment of this Act, the Secretary of Homeland Security,
through the Transportation Security Administration and in
consultation with the Secretary of Transportation, shall
develop a program to encourage the equipping of motor
carriers transporting high hazard materials in quantities
equal to or greater than the quantities specified in subpart
171.800 of title 49, Code of Federal Regulations, with
wireless communications technology that provides--
(A) continuous communications;
(B) vehicle position location and tracking capabilities;
and
(C) a feature that allows a driver of such vehicles to
broadcast an emergency message.
(2) Considerations.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for motor carrier tracking at the Department of
Transportation;
(B) take into consideration the recommendations and
findings of the report on the Hazardous Material Safety and
Security Operation Field Test released by the Federal Motor
Carrier Safety Administration on November 11, 2004;
(C) evaluate--
(i) any new information related to the cost and benefits of
deploying and utilizing truck tracking technology for motor
carriers transporting high hazard materials not included in
the Hazardous Material Safety and Security Operation Field
Test Report released by the Federal Motor Carrier Safety
Administration on November 11, 2004;
(ii) the ability of truck tracking technology to resist
tampering and disabling;
(iii) the capability of truck tracking technology to
collect, display, and store information regarding the
movements of shipments of high hazard materials by commercial
motor vehicles;
(iv) the appropriate range of contact intervals between the
tracking technology and a commercial motor vehicle
transporting high hazard materials; and
(v) technology that allows the installation by a motor
carrier of concealed electronic devices on commercial motor
vehicles that can be activated by law enforcement authorities
and alert emergency response resources to locate and recover
security sensitive material in the event of loss or theft of
such material.
(b) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section
$3,000,000 for each of fiscal years 2008, 2009, and 2010.
SEC. 203. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND
ENFORCEMENT.
(a) In General.--The Secretary of Homeland Security shall
establish a program within the Transportation Security
Administration, in consultation with the Secretary of
Transportation, for reviewing hazardous materials security
plans required under part 172, title 49, Code of Federal
Regulations, within 180 days after the date of enactment of
this Act. In establishing the program, the Secretary shall
ensure that--
[[Page S177]]
(1) the program does not subject carriers to unnecessarily
duplicative reviews of their security plans by the 2
departments; and
(2) a common set of standards is used to review the
security plans.
(b) Civil Penalty.--The failure, by a shipper, carrier, or
other person subject to part 172 of title 49, Code of Federal
Regulations, to comply with any applicable section of that
part within 180 days after being notified by the Secretary of
such failure to comply, is punishable by a civil penalty
imposed by the Secretary under title 49, United States Code.
For purposes of this subsection, each day of noncompliance
after the 181st day following the date on which the shipper,
carrier, or other person received notice of the failure shall
constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of
hazardous materials shippers, carriers, or other persons
subject to part 172 of title 49, Code of Federal Regulations,
with the provisions of that part, the Secretary shall utilize
risk assessment methodologies to prioritize review and
enforcement actions to the most vulnerable and critical
hazardous materials transportation operations.
(d) Transportation Costs Study.--Within 1 year after the
date of enactment of this Act, the Secretary of
Transportation, in conjunction with the Secretary of Homeland
Security, shall study to what extent the insurance, security,
and safety costs borne by railroad carriers, motor carriers,
pipeline carriers, air carriers, and maritime carriers
associated with the transportation of hazardous materials are
reflected in the rates paid by shippers of such commodities
as compared to the costs and rates respectively for the
transportation of non-hazardous materials.
(e) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
SEC. 204. TRUCK SECURITY ASSESSMENT.
Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall transmit to the
Senate Committee on Commerce, Science, and Transportation,
Senate Committee on Finance, the House of Representatives
Committee on Transportation and Infrastructure, the House of
Representatives Committee on Homeland Security, and the House
of Representatives Committe on Ways and Means, a report on
security issues related to the trucking industry that
includes--
(1) an assessment of actions already taken to address
identified security issues by both public and private
entities;
(2) an assessment of the economic impact that security
upgrades of trucks, truck equipment, or truck facilities may
have on the trucking industry and its employees, including
independent owner-operators;
(3) an assessment of ongoing research and the need for
additional research on truck security; and
(4) an assessment of industry best practices to enhance
security.
SEC. 205. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.
(a) Development.--The Secretary of Homeland Security, in
conjunction with the Secretary of Transportation, shall
consider the development of a national public sector response
system to receive security alerts, emergency messages, and
other information used to track the transportation of high
hazard materials which can provide accurate, timely, and
actionable information to appropriate first responder, law
enforcement and public safety, and homeland security
officials, as appropriate, regarding accidents, threats,
thefts, or other safety and security risks or incidents. In
considering the development of this system, they shall
consult with law enforcement and public safety officials,
hazardous material shippers, motor carriers, railroads,
organizations representing hazardous material employees,
State transportation and hazardous materials officials,
private for-profit and non-profit emergency response
organizations, and commercial motor vehicle and hazardous
material safety groups. Consideration of development of the
national public sector response system shall be based upon
the public sector response center developed for the
Transportation Security Administration hazardous material
truck security pilot program and hazardous material safety
and security operational field test undertaken by the Federal
Motor Carrier Safety Administration.
(b) Capability.--The national public sector response system
to be considered shall be able to receive, as appropriate--
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) Characteristics.--The national public sector response
system to be considered shall--
(1) be an exception-based system;
(2) be integrated with other private and public sector
operation reporting and response systems and all Federal
homeland security threat analysis systems or centers
(including the National Response Center); and
(3) provide users the ability to create rules for alert
notification messages.
(d) Carrier Participation.--The Secretary of Homeland
Security shall coordinate with motor carriers and railroads
transporting high hazard materials, entities acting on their
behalf who receive communication alerts from motor carriers
or railroads, or other Federal agencies that receive security
and emergency related notification regarding high hazard
materials in transit to facilitate the provisions of the
information listed in subsection (b) to the national public
sector response system to the extent possible if the system
is established.
(e) Data Privacy.--The national public sector response
system shall be designed to ensure appropriate protection of
data and information relating to motor carriers, railroads,
and employees.
(f) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report on whether to establish a national
public sector response system and the estimated total public
and private sector costs to establish and annually operate
such a system, together with any recommendations for
generating private sector participation and investment in the
development and operation of such a system.
(g) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(1) $1,000,000 for fiscal year 2008;
(2) $1,000,000 for fiscal year 2009; and
(3) $1,000,000 for fiscal year 2010.
SEC. 206. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary of Homeland Security shall
establish a program within the Transportation Security
Administration for making grants to private operators of
over-the-road buses or over-the-road bus terminal operators
for system-wide security improvements to their operations,
including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing and upgrading an emergency communications
system linking operational headquarters, over-the-road buses,
law enforcement, and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Federal Share.--The Federal share of the cost for which
any grant is made under this section shall be 80 percent.
(c) Due Consideration.--In making grants under this
section, the Secretary shall give due consideration to
private operators of over-the-road buses that have taken
measures to enhance bus transportation security from those in
effect before September 11, 2001, and shall prioritize grant
funding based on the magnitude and severity of the security
threat to bus passengers and the ability of the funded
project to reduce, or respond to, that threat.
(d) Grant Requirements.--A grant under this section shall
be subject to all the terms and conditions that a grant is
subject to under section 3038(f) of the Transportation Equity
Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat.
393).
(e) Plan Requirement.--
(1) In general.--The Secretary may not make a grant under
this section to a private operator of over-the-road buses
until the operator has first submitted to the Secretary--
(A) a plan for making security improvements described in
subsection (a) and the Secretary has approved the plan; and
(B) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under
the grant.
(2) Coordination.--To the extent that an application for a
grant under this section proposes security improvements
within a specific terminal owned and operated by an entity
other than the applicant, the applicant shall demonstrate to
the satisfaction of the Secretary that the applicant has
coordinated the security improvements for the terminal with
that entity.
(f) Over-the-Road Bus Defined.--In this section, the term
``over-the-road bus'' means a bus characterized by an
elevated passenger deck located over a baggage compartment.
(g) Bus Security Assessment.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a preliminary report in accordance with the
requirements of this section.
[[Page S178]]
(2) Contents of preliminary report.--The preliminary report
shall include--
(A) an assessment of the over-the-road bus security grant
program;
(B) an assessment of actions already taken to address
identified security issues by both public and private
entities and recommendations on whether additional safety and
security enforcement actions are needed;
(C) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(D) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-
the-road bus transportation industry and its employees;
(E) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(F) an assessment of industry best practices to enhance
security.
(3) Consultation with industry, labor, and other groups.--
In carrying out this section, the Secretary shall consult
with over-the-road bus management and labor representatives,
public safety and law enforcement officials, and the National
Academy of Sciences.
(h) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(1) $12,000,000 for fiscal year 2008;
(2) $25,000,000 for fiscal year 2009; and
(3) $25,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall
remain available until expended.
SEC. 207. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation and the
Pipeline and Hazardous Materials Safety Administration, and
in accordance with the Memorandum of Understanding Annex
executed on August 9, 2006, shall develop a Pipeline Security
and Incident Recovery Protocols Plan. The plan shall
include--
(1) a plan for the Federal Government to provide increased
security support to the most critical interstate and
intrastate natural gas and hazardous liquid transmission
pipeline infrastructure and operations as determined under
section 208--
(A) at high or severe security threat levels of alert; and
(B) when specific security threat information relating to
such pipeline infrastructure or operations exists; and
(2) an incident recovery protocol plan, developed in
conjunction with interstate and intrastate transmission and
distribution pipeline operators and terminals and facilities
operators connected to pipelines, to develop protocols to
ensure the continued transportation of natural gas and
hazardous liquids to essential markets and for essential
public health or national defense uses in the event of an
incident affecting the interstate and intrastate natural gas
and hazardous liquid transmission and distribution pipeline
system, which shall include protocols for granting access to
pipeline operators for pipeline infrastructure repair,
replacement or bypass following an incident.
(b) Existing Private and Public Sector Efforts.--The plan
shall take into account actions taken or planned by both
private and public entities to address identified pipeline
security issues and assess the effective integration of such
actions.
(c) Consultation.--In developing the plan under subsection
(a), the Secretary of Homeland Security shall consult with
the Secretary of Transportation, interstate and intrastate
transmission and distribution pipeline operators, pipeline
labor, first responders, shippers of hazardous materials,
State Departments of Transportation, public safety officials,
and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall transmit to the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee
on Transportation and Infrastructure of the House of
Representatives a report containing the plan required by
subsection (a), along with an estimate of the private and
public sector costs to implement any recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
SEC. 208. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Within 1 year after the date of enactment
of this Act the Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall
establish a program for reviewing pipeline operator adoption
of recommendations in the September, 5, 2002, Department of
Transportation Research and Special Programs Administration
Pipeline Security Information Circular, including the review
of pipeline security plans and critical facility inspections.
(b) Review and Inspection.--Within 9 months after the date
of enactment of this Act the Secretary shall complete a
review of the pipeline security plan and an inspection of the
critical facilities of the 100 most critical pipeline
operators covered by the September, 5, 2002, circular, where
such facilities have not been inspected for security purposes
since September 5, 2002, by either the Department of Homeland
Security or the Department of Transportation, as determined
by the Secretary in consultation with the Secretary of
Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline
operator compliance under subsections (a) and (b), the
Secretary shall utilize risk assessment methodologies to
prioritize vulnerabilities and to target inspection and
enforcement actions to the most vulnerable and critical
pipeline assets.
(d) Regulations.--Within 1 year after the date of enactment
of this Act, the Secretary shall transmit to pipeline
operators and the Secretary of Transportation security
recommendations for natural gas and hazardous liquid
pipelines and pipeline facilities. If the Secretary of
Homeland Security determines that regulations are
appropriate, the Secretary shall promulgate such regulations
and carry out necessary inspection and enforcement actions.
Any regulations should incorporate the guidance provided to
pipeline operators by the September 5, 2002, Department of
Transportation Research and Special Programs Administration's
Pipeline Security Information Circular and contain additional
requirements as necessary based upon the results of the
inspections performed under subsection (b). The regulations
shall include the imposition of civil penalties for non-
compliance.
(e) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this
section--
(1) $2,000,000 for fiscal year 2008; and
(2) $2,000,000 for fiscal year 2009.
SEC. 209. TECHNICAL CORRECTIONS.
(a) Hazmat Licenses.--Section 5103a of title 49, United
States Code, is amended--
(1) by inserting ``of Homeland Security'' after
``Secretary'' each place it appears in subsections (a)(1),
(d)(1)(b), and (e); and
(2) by redesignating subsection (h) as subsection (i) and
inserting the following after subsection (g):
``(h) Relationship to Transportation Security Cards.--Upon
application, a State shall issue to an individual a license
to operate a motor vehicle transporting in commerce a
hazardous material without the security assessment required
by this section, provided the individual meets all other
applicable requirements for such a license, if the Secretary
of Homeland Security has previously determined, under section
70105 of title 46, United States Code, that the individual
does not pose a security risk.''.
SEC. 210. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the
Department of Homeland Security, does not apply to the extent
that any such employees are responsible for implementing the
provisions of this Act.
Mr. LAUTENBERG. Mr. President, over five years since 9/11, much of
our Nation's transportation systems remain vulnerable to terror attack.
There are many reasons for the lack of action by the Federal
Government, but we can no longer simply look the other way. Last year,
the Congress had an opportunity to make significant strides to improve
the security of our freight and passenger rail systems, highways,
public transit systems, trucking and intercity bus operations, and
pipeline systems. The Senate passed my amendments and amendments by
other Senators to the SAFE Ports Act to address the security of these
important modes of transportation. In fact, the House of
Representatives overwhelmingly voted to instruct its conferees to
include these provisions in the final conference report of the SAFE
Ports Act.
Unfortunately, House Republican leaders stripped them out of the
final version of the bill behind closed doors, instead enacting a ban
on internet gambling. The actions by the House Republican leaders
further delayed real progress in securing our homeland from terror. I
believe the Federal Government must take a leadership role in securing
our country from terrorism. States cannot on their own be left
responsible for securing these interstate modes of transportation.
That is why I am proud to be an author of the Surface Transportation
and Rail Security Act of 2007. I have worked with my committee co-
chairmen--Senator Inouye and Senator Stevens--to ensure this bill gets
quickly considered. Its provisions are not new to anyone. They were
considered, and agreed to, merely four months ago by the Senate. I am
hopeful that they will again be quickly considered and adopted.
This bill specifically requires accountability from the Department of
Homeland Security, by ensuring that our rail systems have been analyzed
for security risk. It authorizes necessary funding for making these
security improvements and specifically includes $400 million for tunnel
security improvements in the New Jersey/New
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York region. I will seek further Federal funding for improving security
of the New Jersey/New York region's tunnels and bridges in additional
legislation to be introduced this month, by working with my colleagues
on the appropriate committees in the Senate.
Last month, the Bush Administration proposed certain improvements to
our nation's rail systems, but these proposals fell far short of what
is needed to secure our country. For instance, the Administration
proposal fails to take specific actions to improve the security of
railroad stations, bridges, and tunnels. More people use Amtrak's Penn
Station in New York City than use all three major New Jersey-New York
region airports, Newark Liberty International, JFK, and LaGuardia
airports, every day. This bill takes a much more comprehensive
approach, by authorizing the funding needed to make these important
security improvements.
Our Nation's freight rail systems move some 12 billion tons of cargo,
but we are not doing enough to protect those systems. Some of this
cargo includes hazardous chemicals and other dangerous materials which
travel within feet of our schools, hospitals, neighborhoods, and snake
right through the middle of our cities. The potential for disaster
looms large, as the misuse of these shipments can produce an effect
that a weapon of mass destruction would on our communities. Clearly
much more thought needs to be put into how we move this dangerous
cargo, and the Federal Government must be involved. The Bush
Administration must agree with this assessment, as their proposal would
strictly forbid states or communities from acting on their own to
protect their residents from these risks.
I look forward to working with my colleagues to ensure that this
important legislation gets considered and enacted soon. We cannot
afford to delay any further these vital security improvements to our
country.
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