[House Report 110-74]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     110-74

======================================================================
 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1401) TO IMPROVE THE 
 SECURITY OF RAILROADS, PUBLIC TRANSPORTATION, AND OVER-THE-ROAD BUSES 
              IN THE UNITED STATES, AND FOR OTHER PURPOSES

                                _______
                                

   March 26, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Mr. Hastings of Florida, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 270]

    The Committee on Rules, having had under consideration 
House Resolution 270, by a record vote of 7 to 4, report the 
same to the House with the recommendation that the resolution 
be adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1401 to 
improve the security of railroads, public transportation, and 
over-the-road buses in the United States. The resolution 
provides for one hour and twenty minutes of general debate, 
with one hour equally divided and controlled by the Chairman 
and Ranking Minority Member of the Committee on Homeland 
Security and twenty minutes equally divided and controlled by 
the Chairman and Ranking Minority Member of the Committee on 
Transportation and Infrastructure.
    The resolution waives all points of order against 
consideration of the bill except those arising under clause 9 
or 10 of rule XXI. The resolution makes in order the amendment 
in the nature of a substitute recommended by the Committee on 
Homeland Security as the original bill for the purpose of 
further amendment.
    The resolution makes in order those amendments printed in 
this report. Finally, the resolution provides one motion to 
recommit with or without instructions.

                         EXPLANATION OF WAIVERS

    The resolution includes a waiver of all points of order 
against consideration of the bill except for those arising 
under clauses 9 and 10 of rule XXI. Points of order for 
violating clause 9 of rule XXI (regarding earmark statements) 
or clause 10 of rule XXI (regarding direct spending increases) 
are not waived.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 97

    Date: March 26, 2007.
    Measure: H.R. 1401.
    Motion by: Mr. Dreier.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Lungren (#10) of California to 
strike the $5 million punitive damages and criminal penalties 
for employers who violate the section on whistleblower 
protections. This amendment also ensures that if the Government 
asserts the state secret privilege to protect sensitive or 
classified information, the Government will not be penalized 
for doing so. This amendment removes the contractors and 
subcontractors of non-Federal employers from the whistleblower 
section.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--
Yea.

Rules Committee record vote No. 98

    Date: March 26, 2007.
    Measure: H.R. 1401.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Mica (#5) of Florida to 
removes railroad employees from the whistleblower section of 
the bill. Expands the existing Title 49 whistleblower provision 
for railroad employees to include both safety and security.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay, Sutton--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--
Yea.

Rules Committee record vote No. 99

    Date: March 26, 2007.
    Measure: H.R. 1401.
    Motion by: Mr. Diaz-Balart.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Mica (#4) of Florida to 
require the development of a national security needs assessment 
to determine the total cost of needed capital and operations 
security improvements for the Nation's public transportation 
systems, freight railroads, intercity passenger railroads, and 
over-the-road bus companies.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--
Yea.

Rules Committee record vote No. 100

    Date: March 26, 2007.
    Measure: H.R. 1401.
    Motion by: Mr. Hastings of Washington.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Dent (#11) of Pennsylvania to 
requirer carriers who provide covered transportation to 
individuals entering the United States to provide passenger 
information to Customs and Border Protection (CBP) prior to 
arrival at or departure from a port of entry, expanding the 
Advance Passenger Information System (APIS) currently used for 
aviation and maritime.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--
Yea.

Rules Committee record vote No. 101

    Date: March 26, 2007.
    Measure: H.R. 1401.
    Motion by: Mr. Hastings of Washington.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Brown-Waite (#2) to exclude 
security critical infrastructure information from disclosure 
under the Freedom of Information Act, including the criteria 
used by the Secretary to determine risk and create 
vulnerability assessments and security plans, among others.
    Results: Defeated 4-7.
    Vote by Members: McGovern--Nay; Hastings (FL)--Nay; 
Matsui--Nay; Welch--Nay; Castor--Nay; Arcuri--Nay; Sutton--Nay; 
Dreier--Yea; Diaz-Balart--Yea; Hastings (WA)--Yea; Sessions--
Yea.

Rules Committee record vote No. 102

    Date: March 26, 2007.
    Measure: H.R. 1401.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To report the rule.
    Results: Adopted 7-4.
    Vote by Members: McGovern--Yea; Hastings (FL)--Yea; 
Matsui--Yea; Welch--Yea; Castor--Yea; Arcuri--Yea; Sutton--Yea; 
Dreier--Nay; Diaz-Balart--Nay; Hastings (WA)--Nay; Sessions--
Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    1. Thompson, Bennie (MS): Manager's Amendment. The 
amendment makes technical and clerical changes to H.R. 1401, as 
reported by the Committee on Homeland Security. It also 
clarifies the relationship between the Department of Homeland 
Security and Transportation in carrying out certain portions of 
the bill, and modifies the whistleblower protections for 
federal employees and contractors to make them more similar to 
those granted in H.R. 985. (10 minutes)
    2. Arcuri (NY): The amendment requires the Secretary of 
Homeland Security, in coordination with the Secretary of 
Transportation, to conduct an assessment of the safety and 
security vulnerabilities of placing high voltage direct current 
electric transmission lines along active railroad rights-of-
way. The Amendment requires the Secretary to report the 
findings of this assessment to Congress within 6 months of 
enactment of the Act. (10 minutes)
    3. Cohen (TN): Establishes a program to coordinate with 
state and local governments to enable minimize the need for 
transportation of toxic inhalation hazardous materials by rail. 
(10 minutes)
    4. Castle (DE): This amendment requires the Secretary of 
Homeland Security to study foreign rail security practices that 
are not currently used in the U.S. and submit a report on 
recommendations for implementing such practices. (10 minutes)
    5. Sessions (TX): Prohibits funds in this act, except those 
noted in Section 108, from being used by Amtrak for any of the 
Top 10 worst revenue losing long-distance routes as noted by 
its September 2006 monthly performance report. This amendment 
provides a waiver from this provision should the Secretary deem 
a route or a portion of a route as critical to homeland 
security. (10 minutes)
    6. Flake (AZ): This amendment would strike section 203, 
``Transportation Security Administration Breeding Program 
Increase'' which authorizes an increase in the number of 
domestically bred canines under the Transportation Security 
Administration's Puppy Program. (10 minutes)
    7. Flake (AZ): This amendment would strike the section of 
the bill that provides a new Homeland Security grant program, 
``Over-The-Road Bus Security Assistance.'' (10 minutes)
    8. Lynch (MA): The Amendment provides that not later than 1 
year after the Secretary issues the detailed worker training 
guidance required under Section 109, the Secretary must submit 
a report to Congress on the progress of providers of covered 
transportation in meeting the Section's worker training 
requirements. The report must include the results of a survey, 
conducted by the Secretary, of covered workers regarding the 
effectiveness and adequacy of the training programs. (10 
minutes)

            TEXT OF AMENDMENTS MADE IN ORDER UNDER THE RULE

      1. An Amendment To Be Offered by Representative Thompson of 
         Mississippi, or His Designee, Debatable for 10 Minutes

  Section 2(2)(E), strike ``railroad and transit cars'' and 
insert ``railroad cars, public transportation cars and buses, 
and over-the-road buses''.
  Section 2(6)(B), strike ``the public transportation 
designated recipient providing the transportation'' and insert 
`` the designated recipient''.
  Section 2(14), strike the period after ``over-the-road bus'' 
and insert ``--''.
  After section 2, insert the following:

SEC. 3. NO PREEMPTION OF STATE LAW.

  (a) No Preemption of State Law.--Nothing in section 20106 of 
title 49, United States Code, preempts a State cause of action, 
or any damages recoverable in such an action, including 
negligence, recklessness, and intentional misconduct claims, 
unless compliance with State law would make compliance with 
Federal requirements impossible. Nothing in section 20106 of 
title 49, United States Code, confers Federal jurisdiction of a 
question for such a cause of action.
  (b) Secretarial Power.--Section 20106 of title 49, United 
States Code, preempts only positive laws, regulations, or 
orders by executive or legislative branch officials that 
expressly address railroad safety or security. The Secretary 
and the Secretary of Transportation have the power to preempt 
such positive enactments by substantially subsuming the same 
subject matter, pursuant to proper administrative procedures.
  Section 101(a), strike ``, in consultation with the Secretary 
of Transportation,''.
  Section 103, strike ``, in consultation with the Secretary of 
Transportation,'' each place it appears, except subsection (o).
  Section 103(c)(1), strike ``high-or'' and insert ``high- 
or''.
  Section 103(e), strike ``vulnerabilities and security 
plans''and insert ``a vulnerability assessment and security 
plan''.
  Section 103(k)(3)--
          (1) strike ``those submissions'' and insert ``such 
        submission''; and
          (2) strike ``vulnerability assessments and security 
        plans'' and insert ``the vulnerability assessment and 
        security plan''.
  Section 103(o), strike ``, hereinafter referred to as 
`Amtrak' ''.
  Section 104(a), strike ``, in consultation with the Secretary 
of Transportation,''.
  Section 105(a), strike ``, in consultation with the Secretary 
of Transportation,''.
  Section 105(b)(2), strike ``rail'' and insert ``railroad''.
  Section 105(b)(3), strike ``redevelopment and''.
  Section 105(b)(4), insert ``, including stations and other 
railroad transportation infrastructure owned by State or local 
governments'' before the period.
  Section 105(b)(12) insert ``security'' before ``inspection'' 
each places it appears.
  Section 105(b)(16), strike ``front-line railroad employees'' 
and insert ``railroad employees, including front-line 
employees''.
  Strike section 105(c) and insert the following:
  (c) Department of Homeland Security Responsibilities.--In 
carrying out the responsibilities under subsection (a), the 
Secretary shall--
          (1) determine the requirements for recipients of 
        grants under this section, including application 
        requirements;
          (2) pursuant to subsection (f), determine who are the 
        recipients of grants under this section;
          (3) pursuant to subsection (b), determine the uses 
        for which grant funds may be used under this section;
          (4) establish priorities for uses of funds for grant 
        recipients under this section; and
          (5) not later than 5 business days after making 
        determinations under paragraphs (1) through (4), 
        transfer grant funds under this section to the 
        Secretary of Transportation for distribution to the 
        recipients of grants determined by the Secretary under 
        paragraph (2).
  Section 105--
          (1) strike subsection (f);
          (2) redesignate subsections (d) through (m) as 
        subsections (g) through (o), respectively;
          (3) insert after subsection (c), as amended, the 
        following:
  (d) Department of Transportation Responsibilities.--The 
Secretary of Transportation shall distribute grant funds under 
this section to the recipients of grants determined by the 
Secretary under subsection (f).
  (e) Monitoring and Auditing.--The Department of Homeland 
Security and the Department of Transportation jointly shall 
monitor and audit the use of funds under this section.
  (f) Eligibility.--A railroad carrier is eligible for a grant 
under this section if the carrier has completed a vulnerability 
assessment and developed a security plan that the Secretary has 
approved under section 103. Grant funds may only be used for 
permissible uses under subsection (b) to further a rail 
security plan.
  Section 105(j), as redesignated (relating to standards)--
          (1) strike ``The Secretary shall require a'' and 
        insert ``A'';
          (2) after ``108'' insert ``shall be required''; and
          (3) strike ``Amtrak'' and insert ``the National 
        Railroad Passenger Corporation''.
  Section 105(m), as redesignated (relating to guidelines)--
          (1) strike ``, in consultation with the Secretary of 
        Transportation,''; and
          (2) strike ``recipients of grants under this 
        section'' the first place it appears and insert ``, to 
        the extent that recipients of grants under this section 
        use contractors or subcontractors, such recipients''.
  Section 105 strike subsection (n), as redesignated.
  Section 105, redesignate subsection (o), as redesignated, as 
subsection (n).
  Section 106, strike ``, in consultation with the Secretary of 
Transportation,'' each place it appears.
  Section 106(b)(2), insert ``, including stations and other 
public transportation infrastructure owned by State or local 
governments'' before the period.
  Section 106(b)--
          (1) redesignate paragraphs (10) through (17) as 
        paragraphs (11) through (18), respectively; and
          (2) after paragraph (9) insert the following:
          (10) Purchase and placement of bomb-resistant trash 
        cans throughout public transportation facilities, 
        including subway exits, entrances, and tunnels.
  Section 106(b)(15), as redesignated--
          (1) strike ``front-line'' before ``public''; and
          (2) insert ``, including front-line employees'' after 
        ``employees''.
  Section 106(b)(16), as redesignated, after ``reimbursement'' 
insert ``, including reimbursement of State, local, and tribal 
governments for costs,''.
  Section 106(b)(17), as redesignated, after ``costs'' insert 
``, including reimbursement of State, local, and tribal 
governments for costs''.
  At the end of section 106(b), strike paragraph (18), as 
redesignated, and insert the following:
          (18) Such other security improvements as the 
        Secretary considers appropriate, including security 
        improvements for newly completed public transportation 
        systems that are not yet operable for passenger use.
  Section 106--
          (1) strike subsections (c) and (d);
          (2) redesignate subsections (e) through (j) as 
        subsections (g) through (l), respectively; and
          (3) insert after subsection (b) the following:
  (c) Department of Homeland Security Responsibilities.--In 
carrying out the responsibilities under subsection (a), the 
Secretary shall--
          (1) determine the requirements for recipients of 
        grants under this section, including application 
        requirements;
          (2) pursuant to subsection (f), determine who are the 
        recipients of grants under this section;
          (3) pursuant to subsection (b), determine the uses 
        for which grant funds may be used under this section;
          (4) establish priorities for uses of funds for grant 
        recipients under this section; and
          (5) not later than 5 business days after making 
        determinations under paragraphs (1) through (4), 
        transfer grant funds under this section to the 
        Secretary of Transportation for distribution to the 
        recipients of grants determined by the Secretary under 
        paragraph (2).
  (d) Department of Transportation Responsibilities.--The 
Secretary of Transportation shall distribute grant funds under 
this section to the recipients of grants determined by the 
Secretary under subsection (f).
  (e) Monitoring and Auditing.--The Department of Homeland 
Security and the Department of Transportation shall jointly 
monitor and audit the use of funds under this section.
  (f) Eligibility.--A designated recipient is eligible for a 
grant under this section if the recipient has completed a 
vulnerability assessment and developed a security plan that the 
Secretary has approved under section 103. Grant funds may only 
be used for permissible uses under subsection (b) to further a 
public transportation security plan.
  Section 106, subsection (g), as redesignated (relating to 
terms and conditions), strike ``under effect'' and insert ``as 
in effect''.
  Section 106, subsection (j), as redesignated (relating to 
guidelines), strike ``recipients of grants under this section'' 
the first place it appears and insert ``, to the extent that 
recipients of grants under this section use contractors or 
subcontractors, such recipients shall''.
  Section 106, strike subsection (k), as redesignated (relating 
to monitoring).
  Section 106, redesignate subsection (l), as redesignated 
(relating to authorization of appropriations), as subsection 
(k).
  Section 107, strike ``, in consultation with the Secretary of 
Transportation,'' each place it appears.
  Section 107(b)(1), insert: ``, including terminals and other 
over-the-road bus facilities owned by State or local 
governments'' before the period.
  Section 107(b)(8) strike--
          (1) strike ``front-line'' before ``over-the-road''; 
        and
          (2) insert ``, including front-line employees'' after 
        ``employees''.
  Section 107(b)(10), after ``reimbursement'' insert 
``including reimbursement of State, local, and tribal 
governments for costs,''.
  Section 107(b)(12), after ``costs'' insert ``, including 
reimbursement of State, local, and tribal governments for such 
costs.''.
  Section 107--
          (1) redesignate subsections (e) through (j) as 
        subsections (g) through (l ), respectively; and
          (2) strike subsections (c) and (d) and insert the 
        following:
  (c) Department of Homeland Security Responsibilities.--In 
carrying out the responsibilities under subsection (a), the 
Secretary shall--
          (1) determine the requirements for recipients of 
        grants under this section, including application 
        requirements;
          (2) pursuant to subsection (f), determine who are the 
        recipients of grants under this section;
          (3) pursuant to subsection (b), determine the uses 
        for which grant funds may be used under this section;
          (4) establish priorities for uses of funds for grant 
        recipients under this section; and
          (5) not later than 5 business days of making 
        determinations under paragraphs (1) through (4), 
        transfer grant funds under this section to the 
        Secretary of Transportation for distribution to the 
        recipients of grants determined by the Secretary under 
        paragraph (2).
  (d) Department of Transportation Responsibilities.--The 
Secretary of Transportation shall distribute grant funds under 
this section to the recipients of grants determined by the 
Secretary under subsection (f).
  (e) Monitoring and Auditing.--The Department of Homeland 
Security and the Department of Transportation shall jointly 
monitor and audit the use of funds under this section.
  (f) Eligibility.--A private operator providing transportation 
by an over-the-road bus is eligible for a grant under this 
section if the operator has completed a vulnerability 
assessment and developed a security plan that the Secretary has 
approved under section 103. Grant funds may only be used for 
permissible uses under subsection (b) to further an over-the-
road bus security plan.
  Section 107, subsection (i), as redesignated (relating to 
annual reports), after ``funds'' insert a period.
  Section 107, subsection (j), as redesignated (relating to 
guidelines), strike ``recipients of grants under this section 
the first place it appears'' and insert ``to the extent that 
recipients of grants under this section use contractors or 
subcontractors, such recipients shall''.
  Section 107, strike subsection (k) as redesignated (relating 
to monitoring).
  Section 107, redesignate subsection (l), as redesignated 
(relating to authorization), as subsection (k).
  Section 108(a), strike ``Amtrak'' the first place it appears 
and insert ``the National Railroad Passenger Corporation''.
  Section 108(c) strike ``recipients of grants under this 
section'' the first place it appears and insert ``, to the 
extent that recipients of grants under this section use 
contractors or subcontractors, such recipients shall''.
  Section 109(a), strike ``, in consultation with the Secretary 
of Transportation,''.
  Section 109(a)(1), insert a comma after ``employees''.
  Section 109(b)(3) strike ``and fire fighter workers'' and 
insert ``or emergency response personnel''.
  Section 109(c)(9), strike ``Any other subject'' and insert 
``Other security training activities that''.
  Section 109(d)(1), strike ``in final form''.
  Section 109(d)(2), insert ``proposal'' after ``training 
program''.
  Section 109(d)(3), insert ``proposal'' after ``training 
program''.
  Section 109(d)(4), insert ``as necessary'' after ``workers''.
  Section 110(a), strike ``, in consultation with the Secretary 
of Transportation,''.
  Section 110(c), strike ``, in consultation with the Secretary 
of Transportation,''.
  Section 110(c)(1), insert ``working jointly with the 
Secretary of Transportation,'' before ``consolidates''.
  Section 111(b)(3) strike ``freight''.
  Section 111(b), strike ``and'' at the end of paragraph (6), 
redesignate paragraph (7) as paragraph (8), and insert the 
following after paragraph (6):
          (7) to assess the vulnerabilities and risks 
        associated with new rail and public transportation 
        construction projects prior to their completion; and
  Section 111(c)(2)(E)--
          (1) strike ``including,'' and insert ``, including''; 
        and
          (2) strike ``Institution or Tribal University'' and 
        insert ``Institutions or Tribal Universities''.
  Strike section 112 of the bill and insert the following (and 
make all necessary technical and conforming changes):

SEC. 112. WHISTLEBLOWER PROTECTIONS.

  (a) In General.--No covered individual may be discharged, 
demoted, suspended, threatened, harassed, reprimanded, 
investigated, or in any other manner discriminated against, 
including by a denial, suspension, or revocation of a security 
clearance or by any other security access determination, if 
such discrimination is due, in whole or in part, to any lawful 
act done, perceived to have been done, or intended to be done 
by the covered individual--
          (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation 
        regarding any conduct which the covered individual 
        reasonably believes constitutes a violation of any law, 
        rule, or regulation relating to rail, public 
        transportation, or over-the-road-bus security, which 
        the covered individual reasonably believes constitutes 
        a threat to rail, public transportation, or over-the-
        road-bus security, or which the covered individual 
        reasonably believes constitutes fraud, waste, or 
        mismanagement of Government funds intended to be used 
        for rail, public transportation, or over-the-road-bus 
        security, if the information or assistance is provided 
        to or the investigation is conducted by--
                  (A) by a Federal, State, or local regulatory 
                or law enforcement agency (including an office 
                of the Inspector General under the Inspector 
                General Act of 1978 (5 U.S.C. App.; Public Law 
                95-452);
                  (B) any Member of Congress, any committee of 
                Congress, or the Government Accountability 
                Office; or
                  (C) a person with supervisory authority over 
                the covered individual (or such other person 
                who has the authority to investigate, discover, 
                or terminate);
          (2) to file, cause to be filed, testify, participate 
        in, or otherwise assist in a proceeding or action filed 
        or about to be filed relating to an alleged violation 
        of any law, rule, or regulation relating to rail, 
        public transportation, or over-the-road bus security; 
        or
          (3) to refuse to violate or assist in the violation 
        of any law, rule, or regulation relating to rail public 
        transportation, or over-the-road bus security.
  (b) Enforcement Action.--
          (1) In general.--A covered individual who alleges 
        discharge or other discrimination by any person in 
        violation of subsection (a) may--
                  (A) in the case of a covered individual who 
                is employed by the Department or the Department 
                of Transportation, seek relief in accordance 
                with--
                          (i) the provisions of title 5, United 
                        States Code, to the same extent and in 
                        the same manner as if such individual 
                        were seeking relief from a prohibited 
                        personnel practice described in section 
                        2302(b)(8) of such title; and
                          (ii) the amendments made by section 
                        112A;
                except that, if the disclosure involved 
                consists in whole or in part of classified or 
                sensitive information, clauses (i) and (ii) 
                shall not apply, and such individual may seek 
                relief in the same manner as provided by 
                section 112B;
                  (B) in the case of a covered individual who 
                is a contractor or subcontractor of the 
                Department or the Department of Transportation, 
                seek relief in accordance with section 112B; 
                and
                  (C) in the case of any other covered 
                individual, seek relief in accordance with the 
                provisions of this section, with any petition 
                or other request for relief under this section 
                to be initiated by filing a complaint with the 
                Secretary of Labor.
          (2) Procedure.--
                  (A) In general.--An action under paragraph 
                (1)(C) shall be governed under the rules and 
                procedures set forth in section 42121(b) of 
                title 49, United States Code.
                  (B) Exception.--Notification made under 
                section 42121(b)(1) of title 49, United States 
                Code, shall be made to the person named in the 
                complaint and to the person's employer.
                  (C) Burdens of proof.--An action brought 
                under paragraph (1)(C) shall be governed by the 
                legal burdens of proof set forth in section 
                42121(b) of title 49, United States Code.
                  (D) Statute of limitations.--An action under 
                paragraph (1)(C) shall be commenced not later 
                than 1 year after the date on which the 
                violation occurs.
          (3) De novo review.--With respect to a complaint 
        under paragraph (1)(C), if the Secretary of Labor has 
        not issued a final decision within 180 days after the 
        filing of the complaint (or, in the event that a final 
        order or decision is issued by the Secretary of Labor, 
        whether within the 180-day period or thereafter, then, 
        not later than 90 days after such an order or decision 
        is issued), the covered individual may bring an 
        original action at law or equity for de novo review in 
        the appropriate district court of the United States, 
        which shall have jurisdiction over such an action 
        without regard to the amount in controversy, and which 
        action shall, at the request of either party to such 
        action, be tried by the court with a jury.
  (c) Remedies.--
          (1) In general.--A covered individual prevailing in 
        any action under subsection (b)(1)(C) shall be entitled 
        to all relief necessary to make the covered individual 
        whole.
          (2) Damages.--Relief in an action under subsection 
        (b)(1)(C) (including an action described in subsection 
        (b)(3)) shall include--
                  (A) reinstatement with the same seniority 
                status that the covered individual would have 
                had, but for the discrimination;
                  (B) the amount of any back pay, with 
                interest; and
                  (C) compensation for any special damages 
                sustained as a result of the discrimination, 
                including litigation costs, expert witness 
                fees, and reasonable attorney fees.
          (3) Possible relief.--Relief in an action under 
        subsection (b)(1)(C) may include punitive damages in an 
        amount not to exceed the greater of 3 times the amount 
        of any compensatory damages awarded under this section 
        or $5,000,000.
  (d) Use of State Secrets Privilege.--
          (1) If, in any action for relief sought by a covered 
        individual in accordance with the provisions of 
        subsection (b)(1)(A), (B), or (C), the Government 
        agency moves to withhold information from discovery 
        based on a claim that disclosure would be inimical to 
        national security by asserting the privilege commonly 
        referred to as the ``state secrets privilege'', and if 
        the assertion of such privilege prevents the covered 
        individual from establishing an element in support of 
        the covered individual's claim, the court shall resolve 
        the disputed issue of fact or law in favor of the 
        covered individual, provided that, in an action brought 
        by a covered individual in accordance with the 
        provisions of subsection (b)(1)(A) or (B), an Inspector 
        General investigation under section 112B has resulted 
        in substantial confirmation of that element, or those 
        elements, of the covered individual's claim.
          (2) In any case in which the Government agency 
        asserts the privilege commonly referred to as the 
        ``state secrets privilege'', whether or not an 
        Inspector General has conducted an investigation with 
        respect to the alleged discrimination, the head of the 
        Government agency involved shall, at the same time it 
        asserts the privilege, issue a report to authorized 
        Members of Congress, accompanied by a classified annex 
        if necessary, describing the reasons for the assertion, 
        explaining why the court hearing the matter does not 
        have the ability to maintain the protection of 
        classified information related to the assertion, 
        detailing the steps the agency has taken to arrive at a 
        mutually agreeable settlement with the covered 
        individual, setting forth the date on which the 
        classified information at issue will be declassified, 
        and providing all relevant information about the 
        underlying substantive matter.
  (e) Criminal Penalties.--
          (1) In general.--It shall be unlawful for any person 
        employing a covered individual described in subsection 
        (b)(1)(C) to commit an act prohibited by subsection 
        (a). Any person who willfully violates this section by 
        terminating or retaliating against any such covered 
        individual who makes a claim under this section shall 
        be fined under title 18, United States Code, imprisoned 
        not more than 1 year, or both.
          (2) Reporting requirement.--
                  (A) In general.--The Attorney General shall 
                submit to the appropriate congressional 
                committees an annual report on the enforcement 
                of paragraph (1).
                  (B) Contents.--Each such report shall--
                          (i) identify each case in which 
                        formal charges under paragraph (1) were 
                        brought;
                          (ii) describe the status or 
                        disposition of each such case; and
                          (iii) in any actions under subsection 
                        (b)(1)(C) in which the covered 
                        individual was the prevailing party or 
                        the substantially prevailing party, 
                        indicate whether or not any formal 
                        charges under paragraph (1) have been 
                        brought and, if not, the reasons 
                        therefor.
  (f) No Preemption.--Nothing in this section, section 112A, or 
section 112B preempts or diminishes any other safeguards 
against discrimination, demotion, discharge, suspension, 
threats, harassment, reprimand, retaliation, or any other 
manner of discrimination provided by Federal or State law.
  (g) Rights Retained by Covered Individual.--Nothing in this 
section, section 112A, or section 112B shall be deemed to 
diminish the rights, privileges, or remedies of any covered 
individual under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in 
this section, section 112A and section 112B may not be waived 
by any agreement, policy, form, or condition of employment.
  (h) Definitions.--In this section, section 112A and section 
112B, the following definitions apply:
          (1) Covered individual.--The term ``covered 
        individual'' means an employee of--
                  (A) the Department;
                  (B) the Department of Transportation;
                  (C) a contractor or subcontractor; and
                  (D) an employer within the meaning of section 
                701(b) of the Civil Rights Act of 1964 (42 
                U.S.C. 2000e(b)) and who is a provider of 
                covered transportation.
          (2) Lawful.--The term ``lawful'' means not 
        specifically prohibited by law, except that, in the 
        case of any information the disclosure of which is 
        specifically prohibited by law or specifically required 
        by Executive order to be kept classified in the 
        interest of national defense or the conduct of foreign 
        affairs, any disclosure of such information to any 
        Member of Congress, committee of Congress, or other 
        recipient authorized to receive such information, shall 
        be deemed lawful.
          (3) Contractor.--The term ``contractor'' means a 
        person who has entered into a contract with the 
        Department, the Department of Transportation, or a 
        provider of covered transportation.
          (4) Employee.--The term ``employee'' means--
                  (A) with respect to an employer referred to 
                in paragraph (1)(A) or (1)(B), an employee as 
                defined by section 2105 of title 5, United 
                States Code; and
                  (B) with respect to an employer referred to 
                in paragraph (1)(C) or (1)(D), any officer, 
                partner, employee, or agent.
          (5) Subcontractor.--The term ``subcontractor''--
                  (A) means any person, other than the 
                contractor, who offers to furnish or furnishes 
                any supplies, materials, equipment, or services 
                of any kind under a contract with the 
                Department, the Department of Transportation, 
                or a provider of covered transportation; and
                  (B) includes any person who offers to furnish 
                or furnishes general supplies to the contractor 
                or a higher tier subcontractor.
          (6) Person.--The term ``person'' means a corporation, 
        partnership, State entity, business association of any 
        kind, trust, joint-stock company, or individual.
  Section 113(c), strike ``the Secretary of Transportation 
and''.
  Section 116(b), strike ``designate the Center'' and insert 
``select an institution of higher education to operate the 
National Transportation Security Center of Excellence''.
  Section 116(c)--
          (1) redesignate paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively; and
          (2) insert after the subsection heading the 
        following:
          (1) Consortium.--The institution of higher education 
        selected under subsection (b) shall execute agreements 
        with other institutions of higher education to develop 
        a consortium to assist in accomplishing the goals of 
        the Center.
  Section 116(c)(3), as redesignated, insert ``or'' before 
``Tribal''.
  Section 116, strike ``Consortium'' each place it appears and 
insert ``consortium''.
  Section 118, after ``risk'' strike all that follows through 
``security''.
  Section 120(d)(1), strike ``any rule'' and all that follows 
through ``an employer'' and insert the following: ``if an 
employer performs background checks to satisfy any rule, 
regulation, directive, or other guidance issued by the 
Secretary regarding background checks of covered individuals, 
the employer shall be prohibited''.
  Section 123(a), strike ``the Committee on Homeland Security 
and Government Affairs of the Senate and the Committee on 
Homeland Security of the House of Representatives'' and insert 
``the appropriate congressional committees''.
  Section 124, strike ``railcar'' and insert ``railroad car'' 
each place it appears.
  Section 124(b)(1), strike subparagraph (B) and insert the 
following:
                  (B) More than 25 kilograms (55 pounds) of a 
                division 1.1, 1.2, or 1.3 explosive, as defined 
                in section 173.50 of title 49, Code of Federal 
                Regulations, in a motor vehicle, rail car, or 
                freight container.
  Section 124(b)(3)(A), strike ``railyards'' and insert 
``railroad yards''.
  Section 124 (f), insert ``railroad'' before ``carrier''.
  Section 125(d)--
          (1) redesignate paragraph (16) as paragraph (17);
          (2) in paragraph (15), strike ``and'' after the 
        semicolon; and
          (3) after paragraph (15), insert the following:
          (16) nonprofit employee labor organizations; and
  Section 124(f), insert ``railroad'' before ``carrier''.
  Section 125 at the end, insert the following:
  (f) Savings Provision.--An action of the Secretary or the 
Secretary of Transportation under this Act is not an exercise, 
under section 4(b)(1) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 653(b)(1)), of statutory authority to 
prescribe or enforce standards or regulations affecting 
occupational safety or health.
  Section 126(a)(1), ``The Secretary shall'' and insert ``The 
Secretary and the Secretary of Transportation shall jointly''.
  Section 126(a)(2), strike ``the Secretary shall'' and insert 
``the Secretary and the Secretary of Transportation shall 
jointly''.
  Section 126(a)(3), insert ``and the Secretary of 
Transportation'' after ``Secretary''.
  Section 126(b)(3), insert ``and the Secretary of 
Transportation'' after ``Secretary''.
  Section 128, strike ``shall'' and insert ``should''.
  Section 128, insert ``(a) Preference.--'' before ``In''.
  Section 128 at the end, insert the following:
  (b) Savings Provision.--Nothing in this section shall affect 
grant recipient requirements pursuant to section 5323(j) of 
title 49, United States Code, section 24305(f) of title 49, 
United States Code, and the Buy American Act (41 U.S.C. 10).
  Section 130(a), strike ``undeclared passengers or contraband, 
including''.
  Section 130 at the end, insert the following:
  (c) Use of Transportation Data.--In carrying out this 
subsection, the Secretary shall make use of data collected and 
maintained by the Secretary of Transportation.
  Section 131, strike the text and insert the following: ``In 
carrying out section 119, the Secretary shall require each 
provider of covered transportation, including contractors and 
subcontractors, assigned to a high-risk tier under section 102 
to submit the names of their employees to the Secretary to 
conduct checks of their employees against available terrorist 
watchlists and immigration status databases.''.
  At the end of title I, insert the following (and conform the 
table of contents accordingly):

SEC. 132. REVIEW OF GRANT-MAKING EFFICIENCY.

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

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

  The Secretary of Homeland Security is the principal Federal 
official responsible for transportation security. The roles and 
responsibilities of the Department of Homeland Security and the 
Department of Transportation in carrying out sections 101, 103, 
104, 105, 106, 107, 109, 110, 111, 113, 123, 124, 125, 126, 
127, 128, 129, 130, 131, and 201 of this Act are the roles and 
responsibilities of such Departments pursuant to the Aviation 
and Transportation Security Act (Public Law 107-71); the 
Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458); the National Infrastructure Protection 
Plan required by Homeland Security Presidential Directive 7; 
Executive Order 13416: Strengthening Surface Transportation 
Security, dated December 5, 2006; the Memorandum of 
Understanding between the Department and the Department of 
Transportation on Roles and Responsibilities, dated September 
28, 2004; the Annex to the Memorandum of Understanding between 
the Department and the Department of Transportation on Roles 
and Responsibilities concerning Railroad Security, dated 
September 28, 2006; the Annex to the Memorandum of 
Understanding between the Department and the Department of 
Transportation on Roles and Responsibilities concerning Public 
Transportation Security, dated September 8, 2005; and any 
subsequent agreements between the Department of Homeland 
Security and the Department of Transportation.
  Section 201(a), strike ``ensure that canine detection teams 
are deployed'' and insert ``encourage the deployment of canine 
detection teams''.
  Section 201(b), strike ``to increase'' and insert ``to 
encourage an increase in''.
  Strike ``rail carrier'' and insert ``railroad carrier'' each 
place it appears in the bill.
                              ----------                              


2. An Amendment To Be Offered by Representative Arcuri of New York, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, insert the following (and conform the 
table of contents accordingly):

SEC. __. ASSESSMENT AND REPORT.

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


3. An Amendment To Be Offered by Representative Cohen of Tennessee, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, add the following:

SEC. _____. ALTERNATIVE MATERIAL SOURCES.

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


4. An Amendment To Be Offered by Representative Castle of Delaware, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, insert the following (and conform the 
table of contents accordingly):

SEC. ___. STUDY OF FOREIGN RAIL SECURITY PRACTICES.

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


 5. An Amendment To Be Offered by Representative Sessions of Texas, or 
                 His Designee, Debatable for 10 Minutes

  At the end of title I, insert the following new section:

SEC. 132. USE OF FUNDS BY AMTRAK.

  None of the funds appropriated pursuant to this Act, except 
pursuant to section 108, may be used by Amtrak for any of the 
10 long-distance routes of Amtrak that have the highest cost 
per seat/mile ratios according to the September 2006 Amtrak 
monthly performance report, unless the Secretary has 
transmitted to Congress a waiver of the requirement under this 
section with respect to a route or portion of a route that the 
Secretary considers to be critical to homeland security.
                              ----------                              


 6. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

    Strike section 203.
                              ----------                              


 7. An Amendment To Be Offered by Representative Flake of Arizona, or 
                 His Designee, Debatable for 10 Minutes

    Strike section 107 and redesignate the succeeding sections 
accordingly and conform the table of contents.
                              ----------                              


8. An Amendment To Be Offered by Representative Lynch of Massachusetts, 
               or His Designee, Debatable for 10 Minutes

  At the end of section 109, add the following:
  (g) Reporting Requirements.--Not later than one year after 
the issuance of guidelines under subsection (a)(2), the 
Secretary shall conduct a survey regarding the satisfaction of 
workers regarding the effectiveness and adequacy of the 
training programs. In addition, the Secretary shall submit a 
report to the appropriate congressional committees regarding 
the results of the survey and the progress of providers of 
covered transportation in meeting the requirements of 
paragraphs (1) and (3) of subsection (d).

                                  
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