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110th Congress                                             Rept. 110-65
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     Part 1

======================================================================



 
          RAIL AND PUBLIC TRANSPORTATION SECURITY ACT OF 2007

                                _______
                                

                 March 22, 2007.--Ordered to be printed

                                _______
                                

 Mr. Thompson of Mississippi, from the Committee on Homeland Security, 
                        submitted the following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 1401]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Homeland Security, to whom was referred 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, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................    30
Background and Need for Legislation..............................    30
Hearings.........................................................    31
Committee Consideration..........................................    32
Committee Votes..................................................    32
Committee Oversight Findings.....................................    43
New Budget Authority, Entitlement Authority, and Tax Expenditures    43
Committee Cost Estimate..........................................    43
Statement of General Performance Goals and Objectives............    51
Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
  Benefits.......................................................    51
Federal Mandates Statement.......................................    52
Advisory Committee Statement.....................................    52
Constitutional Authority Statement...............................    52
Applicability to Legislative Branch..............................    52
Section-by-Section Analysis of the Legislation...................    52
Changes in Existing Law Made by the Bill, as Reported............    67
Additional Views.................................................    71
Letters and Correspondence.......................................    78

  The amendment is as follows:

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Rail and Public 
Transportation Security Act of 2007''.
  (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

            TITLE I--RAIL AND PUBLIC TRANSPORTATION SECURITY

Sec. 101. National strategy for rail and public transportation 
security.
Sec. 102. Assignment of providers of covered transportation to risk-
based tiers.
Sec. 103. Rail and public transportation assessments and plans.
Sec. 104. Information sharing plan.
Sec. 105. Rail security assistance.
Sec. 106. Public transportation security assistance.
Sec. 107. Over-the-road bus security assistance.
Sec. 108. Fire and life safety improvements.
Sec. 109. Security training program.
Sec. 110. Security exercises.
Sec. 111. Security research and development.
Sec. 112. Whistleblower protections.
Sec. 113. Increase in surface transportation security inspectors.
Sec. 114. National domestic preparedness consortium.
Sec. 115. Authorization of Visible Intermodal Protection Response 
Teams.
Sec. 116. National Transportation Security Center of Excellence.
Sec. 117. TSA personnel limitations.
Sec. 118. Homeland security grants.
Sec. 119. Threat assessment screening.
Sec. 120. Background checks for covered individuals.
Sec. 121. Task force on disqualifying crimes.
Sec. 122. Penalties.
Sec. 123. School bus transportation security.
Sec. 124. Enhanced security measures for shipments of security 
sensitive materials.
Sec. 125. Technology standards and clearinghouse to improve security of 
covered transportation.
Sec. 126. Rail tank car security testing.
Sec. 127. Rail radiological and nuclear detection.
Sec. 128. Requirement to provide preference to qualified anti-terrorism 
technologies.
Sec. 129. Promoting liability protections for providers of covered 
transportation and related technologies.
Sec. 130. International rail security program.
Sec. 131. Terrorist watchlist and immigration status review at high-
risk transportation sites.

    TITLE II--SECURE TRANSPORTATION THROUGH INCREASED USE OF CANINE 
                            DETECTION TEAMS

Sec. 201. Increasing the number of canine detection teams for 
transportation security.
Sec. 202. National explosives detection canine team program increase.
Sec. 203. Transportation security administration breeding program 
increase.

SEC. 2. DEFINITIONS.

  In this Act, the following definitions apply:
          (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' has the meaning that 
        term has in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101) and includes the Committees on Homeland Security 
        and Transportation and Infrastructure of the House of 
        Representatives and the Committees on Homeland Security and 
        Governmental Affairs and Commerce, Science, and Transportation 
        of the Senate.
          (2) Appropriate stakeholders.--The term ``appropriate 
        stakeholders'' means--
                  (A) providers of covered transportation;
                  (B) organizations representing providers of covered 
                transportation;
                  (C) nonprofit employee labor organizations 
                representing railroad, public transportation, or over-
                the-road bus workers;
                  (D) shippers of hazardous material;
                  (E) manufacturers of railroad and transit cars;
                  (F) State departments of transportation, regional 
                agencies, and metropolitan planning organizations;
                  (G) public safety officials;
                  (H) law enforcement and fire service officials; and
                  (I) other relevant persons.
          (3) Covered transportation.--The term ``covered 
        transportation'' means transportation provided by a railroad 
        carrier, a provider of public transportation, or an over-the-
        road bus.
          (4) Department.--The term ``Department'' means the Department 
        of Homeland Security.
          (5) Designated recipient.--The term ``designated recipient'' 
        has the meaning that the term has in section 5307(a) of title 
        49, United States Code.
          (6) Provider of covered transportation.--The term ``provider 
        of covered transportation'' means--
                  (A) with respect to transportation provided by a 
                railroad carrier, the railroad carrier;
                  (B) with respect to public transportation, the public 
                transportation designated recipient providing the 
                transportation; and
                  (C) with respect to transportation provided by an 
                over-the-road bus, the private operator.
          (7) Over-the-road bus.--The term ``over-the-road bus'' means 
        a bus characterized by an elevated passenger deck located over 
        a baggage compartment.
          (8) Public transportation.--The term ``public 
        transportation'' has the meaning that term has in section 
        5302(a) of title 49, United States Code.
          (9) Railroad.--The term ``railroad'' has the meaning that 
        term has in section 20102 of title 49, United States Code.
          (10) Railroad carrier.--The term ``railroad carrier'' has the 
        meaning that term has in section 20102 of title 49, United 
        States Code.
          (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
          (12) State.--The term ``State'' means any one of the 50 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory or possession of the United States.
          (13) Terrorism.--The term ``terrorism'' has the meaning that 
        term has in section 2 of the Homeland Security Act of 2002 (6 
        U.S.C. 101).
          (14) Transportation.--The term ``transportation'', as used 
        with respect to an over-the-road-bus, means the movement of 
        passengers or property by an over-the-road-bus.
                  (A) in the jurisdiction of the United States between 
                a place in a State and a place outside the State 
                (including a place outside the United States); or
                  (B) in a State that affects trade, traffic, and 
                transportation described in subparagraph (A).
          (15) United states.--The term ``United States'' means the 50 
        States, the District of Columbia, Puerto Rico, the Northern 
        Mariana Islands, the Virgin Islands, Guam, American Samoa, and 
        any other territory or possession of the United States.

            TITLE I--RAIL AND PUBLIC TRANSPORTATION SECURITY

SEC. 101. NATIONAL STRATEGY FOR RAIL AND PUBLIC TRANSPORTATION 
                    SECURITY.

  (a) Modal Plan.--Not later than 6 months after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall develop and implement the modal plan for covered 
transportation as required by section 114(t)(1)(B) of title 49, United 
States Code. The modal plan shall be entitled the ``National Strategy 
for Rail and Public Transportation Security'' and shall include, at a 
minimum--
          (1) a description of the roles, responsibilities, and 
        authorities of Federal, State, and local agencies, government 
        sponsored entities, tribal governments, and appropriate 
        stakeholders under the plan;
          (2) identification of, and a plan to address, gaps and 
        unnecessary overlaps in the roles, responsibilities, and 
        authorities described in paragraph (1);
          (3) a methodology for how the Department will work with the 
        entities described in paragraph (1), and make use of existing 
        Federal expertise within the Department, the Department of 
        Transportation, and other appropriate agencies;
          (4) a process for providing security clearances to facilitate 
        intelligence and information sharing with the entities 
        described in paragraph (1);
          (5) a description of--
                  (A) how the Department has reviewed terrorist attacks 
                on covered transportation throughout the world in the 
                last 25 years;
                  (B) the lessons learned from those reviews; and
                  (C) how those lessons are being used in current and 
                future efforts to secure covered transportation;
          (6) a strategy and timeline for the Department, the 
        Department of Transportation, other appropriate Federal 
        agencies and private entities to research and develop new 
        technologies for securing covered transportation;
          (7) measurable goals, including objectives, mechanisms, and a 
        schedule for enhancing the security of covered transportation;
          (8) a framework for resuming the operation of covered 
        transportation in the event of an act of terrorism and 
        prioritizing resumption of such operations;
          (9) a description of current and future public outreach and 
        educational initiatives designed to inform the public on how to 
        prevent, prepare for, respond to, and recover from a terrorist 
        attack on covered transportation; and
          (10) a process for coordinating covered transportation 
        security strategies and plans, including the National 
        Infrastructure Protection Plan required by Homeland Security 
        Presidential Directive 7; Executive Order: Strengthening 
        Surface Transportation Security dated December 5, 2006; the 
        Memorandum of Understanding between the Department and the 
        Department of Transportation on Roles and Responsibilities 
        dated September 28, 2004; the Annex to the Memorandum of 
        Understanding between the Department and the Department of 
        Transportation on Roles and Responsibilities concerning 
        railroad security dated September 28, 2006, and the Annex to 
        the Memorandum of Understanding between the Department and the 
        Department of Transportation on Roles and Responsibilities 
        concering Public Transportation Security dated September 8, 
        2005.
  (b) Adequacy of Existing Plans and Strategies.--Nothing in this 
section shall prevent the Secretary from using existing plans and 
strategies, including those developed or implemented pursuant to 
section 114(t) of title 49, United States Code, or Homeland Security 
Presidential Directive-7, in meeting the requirements of subsection 
(a).

SEC. 102. ASSIGNMENT OF PROVIDERS OF COVERED TRANSPORTATION TO RISK-
                    BASED TIERS.

  (a) Assignment.--The Secretary shall assign each provider of covered 
transportation to one of the not less than three risk-based tiers 
established by the Secretary.
  (b) Provision of Information.--The Secretary may request, and the 
provider of covered transportation shall provide, information necessary 
for the Secretary to assign a provider of covered transportation to the 
appropriate tier under subsection (a).
  (c) Notification.--Not later than 60 days after the date a provider 
of covered transportation is assigned to a tier under this section, the 
Secretary shall notify the provider of the tier to which the provider 
is assigned and the reasons for such assignment.
  (d) High- and Medium-Risk Tiers.--At least two of the tiers 
established by the Secretary under this section shall be tiers 
designated for high- and medium-risk providers of covered 
transportation.

SEC. 103. RAIL AND PUBLIC TRANSPORTATION ASSESSMENTS AND PLANS.

  (a) In General.--Not later than 12 months after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall issue regulations that--
          (1) require each provider of covered transportation assigned 
        to a high- or medium-risk tier under section 102--
                  (A) to conduct a vulnerability assessment in 
                accordance with subsections (b) and (c); and
                  (B) to prepare, submit to the Secretary for approval, 
                and implement a security plan in accordance with this 
                section that addresses security performance 
                requirements under subsection (f); and
          (2) establish standards, and guidelines for vulnerability 
        assessments under subsection (c) and security plans under 
        subsection (d) and for developing and implementing such 
        security plans.
          (3) establish a security program for providers of covered 
        transportation not assigned to a high or medium-risk tier under 
        section 102, including a process for providers to conduct 
        vulnerability assessments and prepare and implement security 
        plans, as determined appropriate by the Secretary.
  (b) Deadline for Submission.--Not later than 6 months after the date 
of issuance of the regulations under subsection (a), the vulnerability 
assessments and security plans required by such regulations for a 
provider of covered transportation assigned to a high- or medium-risk 
tier shall be completed and submitted to the Secretary for review and 
approval.
  (c) Vulnerability Assessments.--
          (1) Requirements.--The Secretary, in consultation with the 
        Secretary of Transportation, shall provide technical assistance 
        and guidance to providers of covered transportation in 
        conducting vulnerability assessments under this section and 
        shall require that each vulnerability assessment of a provider 
        of covered transportation assigned to a high-or medium-risk 
        tier under section 102 include, at a minimum--
                  (A) identification and evaluation of critical covered 
                transportation assets and infrastructures of the 
                provider, including platforms, stations, bus and 
                intermodal terminals, tunnels, bridges, switching and 
                storage areas, and information systems;
                  (B) identification of the threats to those assets and 
                infrastructures;
                  (C) identification of the security weaknesses of the 
                covered transportation in--
                          (i) physical security;
                          (ii) passenger and cargo security;
                          (iii) programmable electronic devices, 
                        computers, or other automated systems which are 
                        used in providing the transportation;
                          (iv) alarms, cameras, and other protection 
                        systems;
                          (v) communications systems, including 
                        dispatching services and mobile service 
                        equipment systems, to provide access to 
                        emergency services in underground fixed 
                        guideway systems;
                          (vi) utilities;
                          (vii) emergency response planning;
                          (viii) employee training; and
                          (ix) such other matters as the Secretary 
                        determines appropriate; and
                  (D) identification of redundant and backup systems 
                required to ensure the continued operations of critical 
                elements of the covered transportation in the event of 
                an attack or other incident, including disruption of 
                commercial electric power or communications network.
          (2) Threat information.--A provider of covered transportation 
        conducting a vulnerability assessment under this section shall 
        incorporate in the assessment any threat information provided 
        by the Secretary and other sources.
  (d) Security Plans.--
          (1) Requirements.--The Secretary, in consultation with the 
        Secretary of Transportation, shall provide technical assistance 
        and guidance to providers of covered transportation in 
        preparing and implementing security plans under this section 
        and shall require that each security plan of each provider of 
        covered transportation assigned a high- or medium-risk under 
        section 102 include, at a minimum--
                  (A) identification of a security coordinator having 
                authority--
                          (i) to implement security actions under the 
                        plan;
                          (ii) to coordinate security improvements 
                        described in sections 105, 106, and 107; and
                          (iii) to receive immediate communications 
                        from appropriate Federal officials regarding 
                        covered transportation security;
                  (B) plans for periodic exercises under section 110 
                that include participation by local law enforcement 
                agencies and emergency responders as appropriate;
                  (C) a list of needed capital and operational 
                improvements such as those described in sections 105, 
                106, and 107;
                  (D) procedures to be implemented or used by the 
                provider in response to a terrorist attack, including 
                evacuation and passenger communication plans that 
                include individuals with disabilities;
                  (E) identification of steps taken with State and 
                local law enforcement agencies, emergency responders, 
                and Federal officials to coordinate security measures 
                and plans for response to a terrorist attack;
                  (F) a strategy and timeline for conducting training 
                under section 109, including recurrent training and 
                periodic unannounced exercises for employees of the 
                provider to be carried out under the plan to prevent, 
                prepare for, or respond to a terrorist attack;
                  (G) enhanced security measures to be taken by the 
                provider when the Secretary declares a period of 
                heightened security risk;
                  (H) plans for redundant and backup systems required 
                to ensure the continued operation of critical covered 
                transportation elements of the provider in the event of 
                a terrorist attack or other incident;
                  (I) plans for locating, including by covert 
                electronic devices, shipments of railroad cars 
                transporting security sensitive materials or nuclear 
                waste so that, if the assets are lost or stolen, the 
                provider or law enforcement authorities may locate, 
                track, and recover the assets;
                  (J) a strategy for implementing enhanced security for 
                shipments of security sensitive materials under section 
                124; and
                  (K) such other actions or procedures as the Secretary 
                determines are appropriate to address the covered 
                transportation security of the provider to a terrorist 
                attack.
          (2) Security coordinator requirements.--The Secretary shall 
        require that the individual serving as the security coordinator 
        identified in paragraph (1)(A) is a citizen of the United 
        States. The Secretary may waive this requirement with respect 
        to an individual if the Secretary determines that it is 
        appropriate to do so based on a background check of the 
        individual and a review of terrorist watch lists to ensure that 
        the individual is not identified on any such terrorist watch 
        list.
          (3) Consistency with other plans.--The Secretary, in 
        consultation with the Secretary of Transportation, shall ensure 
        that each security plan under this section is consistent with 
        the requirements of the National Strategy for Rail and Public 
        Transportation Security described in section 101.
  (e) Provided by Secretary.--The Secretary shall provide, in a timely 
manner to the maximum extent practicable under applicable authority and 
in the interest of national security, to the provider of the covered 
transportation threat information that is relevant to the provider when 
preparing and submitting vulnerabilities and security plans, including 
an assessment of the most likely method that could be used by 
terrorists to exploit weaknesses in the covered transportation security 
and the likelihood of success by such terrorists.
  (f) Security Performance Requirements.--The Secretary shall, by 
regulation, establish security performance requirements for the 
security plans required for providers of covered transportation. The 
regulations shall--
          (1) require separate and increasingly stringent security 
        performance requirements for security plans as the level of 
        risk associated with the tier increases; and
          (2) permit each provider of covered transportation submitting 
        a security plan to select a combination of security measures 
        that satisfy the security performance requirements established 
        by the Secretary under this subsection.
  (g) Deadline for Review Process.--Not later than 12 months after the 
date of the issuance of the regulations under subsection (a), the 
Secretary, in consultation with the Secretary of Transportation, 
shall--
          (1) review each vulnerability assessment and security plan 
        submitted to the Secretary in accordance with subsection (b);
          (2) require amendments to any security plan that does not 
        meet the requirements of this section, including the 
        regulations issued under subsection (a);
          (3) approve any vulnerability assessment or security plan 
        that meets the requirements of this section, including such 
        regulations; and
          (4) review each security plan periodically thereafter.
  (h) Interim Security Measures.--The Secretary, in consultation with 
the Secretary of Transportation, shall require, during the period 
before the deadline established under subsection (b), each provider of 
covered transportation required to submit a security plan under 
subsection (b) to implement any necessary interim security measures to 
deter, mitigate, and respond to, to the maximum extent practicable, a 
transportation security incident with respect to the covered 
transportation or a substantive threat of such an incident until the 
security plan of the provider is approved.
  (i) Nondisclosure of Information.--
          (1) In general.--Nothing in this Act shall be construed to 
        require the disclosure of a vulnerability assessment or a 
        security plan of a provider of covered transportation to the 
        extent that such information is exempted from mandatory 
        disclosure under section 552 of title 5, United States Code.
          (2) Other obligations unaffected.--Nothing in this section 
        shall affect any obligation of the provider of covered 
        transportation to submit or make available information to 
        covered transportation employees, nonprofit employee labor 
        organizations, or a Federal, State, or local government agency 
        under, or otherwise to comply with, any other law.
          (3) Submission of information to congress.--Nothing in this 
        section shall be construed as authorizing the withholding of 
        any information from Congress.
          (4) Disclosure of independently furnished information.--
        Nothing in this section shall be construed as affecting any 
        authority or obligation of a Federal agency to disclose any 
        record or information that the Federal agency obtains from a 
        provider of covered transportation under any other law.
  (j) Penalties.--
          (1) Administrative penalties.--
                  (A) In general.--The Secretary may impose an 
                administrative penalty of not more than $100,000 for 
                failure to comply with this section, including 
                regulations issued under subsection (a).
                  (B) Notice and opportunity to request hearing.--
                Before imposing a penalty under subparagraph (A), the 
                Secretary shall provide to the person against whom the 
                penalty is to be imposed--
                          (i) written notice of the proposed penalty; 
                        and
                          (ii) the opportunity to request, not later 
                        than 30 days after the date on which the person 
                        receives the notice, a hearing on the proposed 
                        penalty.
                  (C) Regulations.--The Secretary may issue regulations 
                establishing the procedures for administrative hearings 
                and appropriate review of penalties imposed under this 
                Act, including deadlines.
          (2) Civil penalties.--
                  (A) In general.--The Secretary may bring an action in 
                a United States district court against any provider of 
                covered transportation that violates or fails to comply 
                with this Act, including regulations issued under 
                subsection (a), or a security plan approved by the 
                Secretary under this section.
                  (B) Relief.--In any action under this Act, a court 
                may issue an order for injunctive relief and may impose 
                a civil penalty of not more than $75,000 for each day 
                on which a violation occurs or a failure to comply 
                continues.
          (3) Criminal penalties.--A provider of covered transportation 
        who intentionally violates this section, including regulations 
        issued under subsection (a), shall be fined not more than 
        $50,000 for each day of such violation, imprisoned for not more 
        than 2 years, or both.
  (k) Existing Procedures, Protocols and Standards.--
          (1) Determination.--In response to a petition by a provider 
        of covered transportation or at the discretion of the 
        Secretary, the Secretary may recognize existing procedures, 
        protocols, and standards of a provider of covered 
        transportation that the Secretary determines to meet all or 
        part of the requirements of this section, including regulations 
        issued under subsection (a), regarding vulnerability 
        assessments and security plans.
          (2) Election.--Upon review and written determination by the 
        Secretary that existing procedures, protocols, or standards of 
        a provider of covered transportation satisfy all of the 
        requirements of this section, including regulations issued 
        under subsection (a), the provider may elect to comply with 
        those procedures, protocols, or standards instead of the 
        requirements of this section.
          (3) Partial approval.--If the Secretary determines that the 
        existing procedures, protocols, or standards of a provider of 
        covered transportation satisfy only part of the requirements of 
        this section, including regulations issued under subsection 
        (a), the Secretary may accept those submissions, but shall 
        require submission by the provider of any additional 
        information relevant to vulnerability assessments and security 
        plans of the provider to ensure that the remaining requirements 
        of this section are fulfilled.
          (4) Notification.--If the Secretary determines that 
        particular existing procedures, protocols, or standards of a 
        provider of covered transportation under this subsection do not 
        satisfy the requirements of this section, including regulations 
        issued under subsection (a), the Secretary shall provide to 
        such provider a written notification that includes an 
        explanation of the reasons why the determination could not be 
        made.
          (5) Review.--Nothing in this subsection shall relieve the 
        Secretary of the obligation--
                  (A) to review the vulnerability assessment and 
                security plan submitted by a provider of covered 
                transportation under this section; and
                  (B) to approve or disapprove each submission on an 
                individual basis.
  (l) Periodic Review by Provider of Covered Transportation Required.--
          (1) Submission of review.--Not later than 3 years after the 
        date on which a vulnerability assessment or security plan 
        required to be submitted to the Secretary under subsection (b) 
        is submitted, and at least once every 5 years thereafter (or on 
        such a schedule as the Secretary may establish by regulation), 
        the provider of covered transportation who submitted the 
        vulnerability assessment or security plan shall also submit to 
        the Secretary a review of the adequacy of the vulnerability 
        assessment or security plan that includes a description of any 
        material changes made to the vulnerability assessment or 
        security plan.
          (2) Review of review.--Not later than 180 days after the date 
        on which a review is submitted, the Secretary shall review the 
        review and notify the provider of covered transportation 
        submitting the review of the Secretary's approval or 
        disapproval of such review.
  (m) Shared Facilities.--The Secretary, in consultation with the 
Secretary of Transportation, may permit under this section the 
development and implementation of coordinated vulnerability assessments 
and security plans to the extent 2 or more providers of covered 
transportation have shared facilities (such as tunnels, bridges, or 
stations, or facilities) that are geographically close or otherwise co-
located.
  (n) Ferry Exemption.--This section does not apply to any ferry system 
for which a vulnerability assessment and security plan is required 
pursuant to chapter 701 of title 46, United States Code.
  (o) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall submit a report to the appropriate congressional 
committees regarding the feasibility of implementing name-based checks 
against terrorist watch lists for all National Railroad Passenger 
Corporation, hereinafter referred to as ``Amtrak'' passengers.

SEC. 104. INFORMATION SHARING PLAN.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall develop and submit to the appropriate 
congressional committees a railroad, public transportation, and over-
the-road bus information sharing plan to ensure the development of both 
tactical and strategic intelligence products pertaining to the threats 
and vulnerabilities to covered transportation for dissemination to 
Federal, State, and local agencies, tribal governments, and appropriate 
stakeholders.
  (b) Content of Plan.--The plan submitted under subsection (a) shall 
include--
          (1) a description of how intelligence analysts in the 
        Transportation Security Administration are coordinating with 
        other intelligence analysts in the Department and other 
        Federal, State, and local agencies;
          (2) reasonable deadlines for the completion of any 
        organizational changes within the Department to accommodate 
        implementation of the plan; and
          (3) a description of resource needs for fulfilling the plan.
  (c) Updates.--
          (1) Certification of implementation.--After the plan is 
        submitted under subsection (a), the Secretary shall certify to 
        the appropriate congressional committees when the plan has been 
        implemented.
          (2) Annual reports.--After the Secretary provides the 
        certification under paragraph (1), the Secretary shall provide 
        a report to the appropriate congressional committees each year 
        thereafter on the following:
                  (A) The number and brief description of each 
                railroad, public transportation, and over-the-road bus 
                intelligence report created and disseminated under the 
                plan.
                  (B) The classification of each report as tactical or 
                strategic.
                  (C) The numbers of different government, law 
                enforcement, and public or private sector partners who 
                the Department provided with each intelligence product.
  (d) Annual Surveys.--The Secretary shall conduct an annual survey of 
the satisfaction of each of the recipients of railroad, public 
transportation, and over-the-road bus intelligence reports created and 
disseminated under the plan and include the results of the survey as 
part of the corresponding annual report provided under subsection 
(c)(2).
  (e) Classification of Material.--To the greatest extent possible, the 
Department shall provide appropriate stakeholders with information in 
an unclassified format.
  (f) Security Clearances.--The Department shall assist the appropriate 
Federal, State, regional, local, and tribal authorities, in addition to 
appropriate stakeholders, in obtaining the security clearances needed 
to receive classified covered transportation security information as 
necessary if this information cannot be disseminated in an unclassified 
format.

SEC. 105. RAIL SECURITY ASSISTANCE.

  (a) In General.--The Secretary, in consultation with the Secretary of 
Transportation, shall establish a program for making grants to eligible 
entities for security improvements described in subsection (b).
  (b) Uses of Funds.--A recipient of a grant under this section shall 
use the grant funds for one or more of the following:
          (1) Perimeter protection systems, including access control, 
        installation of improved lighting, fencing, and barricades at 
        railroad facilities.
          (2) Technologies to reduce the vulnerability of rail cars.
          (3) Passenger railroad station security redevelopment and 
        capital improvement projects that the Secretary determines 
        enhance rail station security.
          (4) Security improvements to passenger railroad stations and 
        other railroad transportation infrastructure.
          (5) Tunnel protection systems.
          (6) Evacuation improvements.
          (7) Inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs.
          (8) Communications equipment, including equipment that is 
        interoperable with Federal, State, and local agencies and 
        tribal governments.
          (9) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.
          (10) Surveillance equipment.
          (11) Cargo or passenger screening equipment.
          (12) Railroad inspection facilities and related 
        infrastructure at United States international borders, 
        including additional side railroad track necessary for 
        passenger and freight train inspection.
          (13) Emergency response equipment, including fire suppression 
        and decontamination equipment, personal protective equipment, 
        and defibrillators.
          (14) Global positioning or tracking and recovery equipment.
          (15) Redundant critical operations control systems.
          (16) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 109 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for front-line railroad 
        employees.
          (17) Live or simulated exercises described in section 110.
          (18) Overtime reimbursement for additional security personnel 
        during periods of heightened security as determined by the 
        Secretary.
          (19) Public awareness campaigns for enhanced rail security.
          (20) Operational costs for personnel assigned to full-time 
        security or counterterrorism duties related to rail 
        transportation.
          (21) Such other security improvements as the Secretary 
        considers appropriate.
  (c) Security Improvement Priorities.--In establishing guidelines for 
applications for grants under this section, the Secretary shall 
establish a list in order of priority regarding uses of funds for grant 
recipients under this section
  (d) Multiyear Awards.--Pursuant to this section, the Secretary may 
issue multi-year grants for not longer than a 5-year period.
  (e) Letters of Intent.--
          (1) Issuance.--The Secretary may issue a letter of intent to 
        a recipient of a grant under this section, to commit funding 
        from future budget authority of an amount, not more than the 
        Federal Government's share of the project's cost, for a capital 
        improvement project.
          (2) Schedule.--The letter of intent under this subsection 
        shall establish a schedule under which the Secretary will 
        reimburse the recipient for the Federal Government's share of 
        the project's costs, as amounts become available, if the 
        recipient, after the Secretary issues that letter, carries out 
        the project without receiving amounts under a grant issued 
        under this section.
          (3) Notice to secretary.--A recipient that has been issued a 
        letter of intent under this section shall notify the Secretary 
        of the recipient's intent to carry out a project before the 
        project begins.
          (4) Notice to congress.--The Secretary shall transmit to the 
        appropriate congressional committees a written notification at 
        least 3 days before the issuance of a letter of intent under 
        this subsection.
          (5) Limitations.--A letter of intent issued under this 
        subsection is not an obligation of the Federal Government under 
        section 1501 of title 31, United States Code, and the letter is 
        not deemed to be an administrative commitment for financing. An 
        obligation or administrative commitment may be made only as 
        amounts are provided in authorization and appropriations laws.
          (6) Statutory construction.--Nothing in this section shall be 
        construed to prohibit the obligation of amounts pursuant to a 
        letter of intent under this section in the same fiscal year as 
        the letter of intent is issued.
  (f) Eligibility.--
          (1) In general.--Eligible entities for a grant under this 
        section may include State, local, and tribal governmental 
        entities, Amtrak, infrastructure owners, including railroad 
        carriers, private entities, and public-private entities, or 
        their designees.
          (2) Project eligibility.--A recipient of a grant under this 
        section may use grant funds only for permissible uses under 
        subsection (b) to further a rail security plan developed, 
        submitted to, and approved by the Secretary.
  (g) Federal Share.--
          (1) In general.--Except as provided in paragraphs (2) and 
        (3), a grant for a project under this section shall be for 80 
        percent of the net cost of the project.
          (2) Small project exception.--If a grant under this section 
        is for a project with a net cost of $25,000 or less, the 
        Federal share for the grant shall be for 100 percent of such 
        cost.
          (3) National security exception.--If the Secretary 
        determines, upon written notice to the appropriate 
        congressional committees, that a higher Federal share for a 
        grant under this section is necessary to respond to an urgent 
        threat to national security, the Secretary may increase the 
        Federal share for the grant to up to 100 percent of the net 
        cost of the project.
          (4) Applicability.--This subsection shall only apply to 
        freight rail carriers.
  (h) Subject to Certain Standards.--The Secretary shall require a 
recipient of a grant under this section and section 108 to comply with 
the standards of section 24312 of title 49, United States Code, as in 
effect on January 1, 2007, with respect to the project in the same 
manner as Amtrak is required to comply with such standards for 
construction work financed under an agreement made under section 
24308(a) of that title.
  (i) Limitation on Uses of Funds.--A grant made under this section may 
not be used--
          (1) to supplant State or local funds; and
          (2) to make any State or local government cost-sharing 
        contribution under any other law.
  (j) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of grant funds.
  (k) Guidelines.--Before distribution of funds to recipients of grants 
under this section, the Secretary, in consultation with the Secretary 
of Transportation, shall issue guidelines to ensure that recipients of 
grants under this section use small, minority, women-owned, or 
disadvantaged businesses as contractors or subcontractors to the extent 
practicable.
  (l) Monitoring.--The Secretary shall be responsible for monitoring 
the manner in which the grants are used.
  (m) Authorization of Appropriations.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary $600,000,000 for each of fiscal years 2008 
        through 2011 for making grants under this section.
          (2) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 106. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

  (a) In General.--The Secretary, in consultation with the Secretary of 
Transportation, shall establish a program for making grants to an 
eligible public transportation designated recipient for security 
improvements described in subsection (b).
  (b) Uses of Funds.--A recipient of a grant under subsection (a) shall 
use the grant funds for one or more of the following:
          (1) Perimeter protection systems, including access control, 
        installation of improved lighting, fencing, and barricades.
          (2) Security improvements to stations and other public 
        transportation infrastructure.
          (3) Tunnel protection systems.
          (4) Evacuation improvements.
          (5) Inspection technologies, including verified visual 
        inspection technologies using hand-held readers and discs.
          (6) Communications equipment, including mobile service 
        equipment to provide access to emergency services in an 
        underground fixed guideway system.
          (7) Chemical, biological, or radiological or explosive 
        detection, including canine patrols for such detection.
          (8) Surveillance equipment.
          (9) Emergency response equipment, including fire suppression 
        and decontamination equipment, personal protective equipment, 
        and defibrillators.
          (10) Global positioning or tracking and recovery equipment.
          (11) Redundant critical operations control systems.
          (12) Live or simulated exercises described in section 110.
          (13) Public awareness campaigns for enhanced public 
        transportation security.
          (14) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 109 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for front-line public 
        transportation employees.
          (15) Overtime reimbursement for additional security personnel 
        during periods of heightened security as determined by the 
        Secretary.
          (16) Operational costs for personnel assigned to full-time 
        security or counterterrorism duties related to public 
        transportation.
          (17) Such other security improvements as the Secretary 
        considers appropriate.
  (c) Eligibility.--
          (1) In general.--Eligible entities for a grant under this 
        section may include public transportation agencies and State, 
        local, and tribal governmental entities that provide security 
        or counterterrorism related services to public transportation.
          (2) Project eligibility.--A recipient of a grant under this 
        section may use grant funds only for permissible uses under 
        subsection (b) to further a public transportation security plan 
        developed, submitted to, and approved by the Secretary.
  (d) Security Improvement Priorities.--In establishing guidelines for 
applications for grants under this section, the Secretary shall 
establish a list in order of priority regarding uses of funds for grant 
recipients under this section.
  (e) Subject to Certain Terms and Conditions.--Except as otherwise 
specifically provided in this section, a grant provided under this 
section shall be subject to the terms and conditions applicable to a 
grant made under section 5307 of title 49, United States Code, under 
effect on January 1, 2007, and such other terms and conditions as are 
determined necessary by the Secretary.
  (f) Limitation on Uses of Funds.--Grants made under this section may 
not be used--
          (1) to supplant State or local funds; and
          (2) to make any State or local government cost-sharing 
        contribution under any other law.
  (g) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary on the use of the grant funds.
  (h) Guidelines.--Before distribution of funds to recipients of grants 
under this section, the Secretary, in consultation with the Secretary 
of Transportation, shall issue guidelines to ensure that recipients of 
grants under this section use small, minority, women-owned, or 
disadvantaged businesses as contractors or subcontractors to the extent 
practicable.
  (i) Monitoring.--The Secretary shall be responsible for monitoring 
the manner in which the grants are used.
  (j) Authorization of Appropriations.--
          (1) In general.--There are authorized to be appropriated to 
        the Secretary to make grants under this section--
                  (A) $775,000,000 for fiscal year 2008;
                  (B) $825,000,000 for fiscal year 2009;
                  (C) $880,000,000 for fiscal year 2010; and
                  (D) $880,000,000 for fiscal year 2011.
          (2) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 107. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

  (a) In General.--The Secretary, in consultation with the Secretary of 
Transportation, shall establish a program for making grants for 
eligible private operators providing transportation by an over-the-road 
bus for security improvements described in subsection (b).
  (b) Uses of Funds.--A recipient of a grant received under subsection 
(a) shall use the grant funds for one or more of the following:
          (1) Constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to increase their security.
          (2) Protecting or isolating the driver of an over-the-road 
        bus.
          (3) Acquiring, upgrading, installing, or operating equipment, 
        software, or accessorial services for collection, storage, or 
        exchange of passenger and driver information through ticketing 
        systems or otherwise and for information links with government 
        agencies.
          (4) Installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities.
          (5) Establishing and improving an emergency communications 
        system linking drivers and over-the-road buses to the 
        recipient's operations center or linking the operations center 
        to law enforcement and emergency personnel.
          (6) Implementing and operating passenger screening programs 
        for weapons and explosives.
          (7) Public awareness campaigns for enhanced over-the-road bus 
        security.
          (8) Operating and capital costs associated with security 
        awareness, preparedness, and response training, including 
        training under section 109 and training developed by 
        universities and institutions of higher education and by 
        nonprofit employee labor organizations, for front-line over-
        the-road bus employees.
          (9) Chemical, biological, radiological, or explosive 
        detection, including canine patrols for such detection.
          (10) Overtime reimbursement for additional security personnel 
        during periods of heightened security as determined by the 
        Secretary.
          (11) Live or simulated exercises described in section 110.
          (12) Operational costs for personnel assigned to full-time 
        security or counterterrorism duties related to over-the-road 
        bus transportation.
          (13) Such other improvements as the Secretary considers 
        appropriate.
  (c) Eligibility.--
          (1) In general.--Eligible entities for a grant under this 
        section may include over-the-road bus providers and State, 
        local, and tribal governmental entities that provide security 
        or counterterrorism related services to over-the-road bus 
        providers.
          (2) Project eligibility.--A recipient of a grant under this 
        section may use grant funds only for permissible uses under 
        subsection (b) to further an over-the-road bus security plan 
        developed, submitted to, and approved by the Secretary.
  (d) Security Improvement Priorities.--In establishing guidelines for 
applications for grants under this section, the Secretary shall 
establish a list in order of priority regarding uses of funds for grant 
recipients under this section.
  (e) Subject to Certain Terms and Conditions.--Except as otherwise 
specifically provided in this section, a grant made under this section 
shall be subject to the terms and conditions applicable to 
subrecipients who provide intercity bus transportation under section 
5311(f) of title 49, United States Code, and such other terms and 
conditions as are determined necessary by the Secretary.
  (f) Limitation on Uses of Funds.--A grant made under this section may 
not be used to--
          (1) supplant State or local funds for activities; and
          (2) make any State or local government cost-sharing 
        contribution under any other law.
  (g) Annual Reports.--Each recipient of a grant under this section 
shall report annually to the Secretary and the Secretary of 
Transportation on the use of such grant funds
  (h) Guidelines.--Before distribution of funds to recipients of grants 
under this section, the Secretary, in consultation with the Secretary 
of Transportation, shall issue guidelines to ensure that recipients of 
grants under this section use small, minority, women-owned, and 
disadvantaged businesses as contractors or subcontractors to the extent 
practicable.
  (i) Monitoring.--The Secretary shall be responsible for monitoring 
the manner in which the grants are used.
  (j) Authorization.--
          (1) In general.--There is authorized to be appropriated to 
        the Secretary to make grants under this section--
                  (A) $12,000,000 for fiscal year 2008; and
                  (B) $25,000,000 for each of fiscal years 2009 through 
                2011.
          (2) Period of availability.--Sums appropriated to carry out 
        this section shall remain available until expended.

SEC. 108. FIRE AND LIFE SAFETY IMPROVEMENTS.

  (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Transportation for making grants to 
Amtrak, for the purpose of carrying out projects to make fire and life 
safety improvements to Amtrak tunnels on the Northeast Corridor the 
following amounts:
          (1) For the 6 tunnels in New York City, New York, to provide 
        ventilation, electrical, and fire safety technology 
        improvements, emergency communication and lighting systems, and 
        emergency access and egress for passengers--
                  (A) $25,000,000 for fiscal year 2008;
                  (B) $25,000,000 for fiscal year 2009;
                  (C) $25,000,000 for fiscal year 2010; and
                  (D) $25,000,000 for fiscal year 2011.
          (2) For the Baltimore & Potomac Tunnel and the Union Tunnel 
        in Baltimore, Maryland, to provide adequate drainage and 
        ventilation, communication, lighting, standpipe, and passenger 
        egress improvements--
                  (A) $5,000,000 for fiscal year 2008;
                  (B) $5,000,000 for fiscal year 2009;
                  (C) $5,000,000 for fiscal year 2010; and
                  (D) $5,000,000 for fiscal year 2011.
          (3) For the Union Station tunnels in the District of Columbia 
        to provide ventilation, communication, lighting, and passenger 
        egress improvements--
                  (A) $5,000,000 for fiscal year 2008;
                  (B) $5,000,000 for fiscal year 2009;
                  (C) $5,000,000 for fiscal year 2010; and
                  (D) $5,000,000 for fiscal year 2011.
  (b) Availability of Amounts.--Amounts appropriated pursuant to this 
section shall remain available until expended.
  (c) Guidelines.--Before distribution of funds to recipients of grants 
under this section, the Secretary of Transportation shall issue 
guidelines to ensure that recipients of grants under this section use 
small, minority, women-owned, or disadvantaged businesses as the 
contractors or subcontractors to the extent practicable.

SEC. 109. SECURITY TRAINING PROGRAM.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall--
          (1) develop security training programs to prepare all 
        railroad, public transportation, and over-the-road bus workers, 
        including front-line employees for potential threat conditions; 
        and
          (2) issue detailed guidance for the program.
  (b) Consultation.--The Secretary shall develop the guidance under 
subsection (a)(2) in consultation with--
          (1) appropriate law enforcement, fire service, security, and 
        terrorism experts;
          (2) representatives of providers of covered transportation; 
        and
          (3) nonprofit employee labor organizations representing 
        railroad, public transportation, over-the-road bus workers, and 
        fire fighter workers.
  (c) Program Elements.--The guidance developed under subsection (a)(2) 
shall require security training programs described in subsection (a) to 
include, at a minimum, elements to address the following:
          (1) Determination of the seriousness of any occurrence or 
        threat.
          (2) Crew and passenger communication and coordination.
          (3) Appropriate responses to defend oneself, including using 
        nonlethal defense devises.
          (4) Evacuation procedures for passengers and workers, 
        including individuals with disabilities.
          (5) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
          (6) Recognition and reporting of dangerous substances and 
        suspicious packages, persons, and situations.
          (7) Understanding security incident procedures, including 
        procedures for communicating with governmental and 
        nongovernmental emergency response providers and for on-scene 
        interaction with such emergency response providers.
          (8) Operation and maintenance of security equipment and 
        systems.
          (9) Any other subject the Secretary considers appropriate.
  (d) Required Programs.--
          (1) Development and submission to secretary.--Not later than 
        60 days after the Secretary issues guidance under subsection 
        (a)(2) in final form, each provider of covered transportation 
        shall develop a security training program in accordance with 
        the guidance developed under subsection (2) and submit the 
        program to the Secretary for approval.
          (2) Approval.--Not later than 60 days after receiving a 
        security training program under this subsection, the Secretary 
        shall approve the program or require the provider of covered 
        transportation that developed the program to make any revisions 
        to the program that the Secretary considers necessary for the 
        program to meet the guidance requirements.
          (3) Training.--Not later than 1 year after the Secretary 
        approves a security training program under this subsection, the 
        provider of covered transportation that developed the program 
        shall complete the training of all workers covered under the 
        program.
          (4) Updates.--The Secretary shall periodically review and 
        update as appropriate the training guidance issued under 
        subsection (a)(2) to reflect new or changing security threats 
        and require providers of covered transportation to revise their 
        programs accordingly and provide additional training to their 
        workers.
  (e) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
National Training Program established under section 648 of the 
Department of Homeland Security Appropriations Act of 2007 (6 U.S.C. 
748).
  (f) Ferry Exemption.--This section does not apply to any ferry system 
for which training is required to be conducted pursuant to section 
70103 of title 46, United States Code.

SEC. 110. SECURITY EXERCISES.

  (a) In General.--The Secretary, in consultation with the Secretary of 
Transportation, shall establish a program for conducting security 
exercises for covered transportation for the purpose of assessing and 
improving the capabilities of entities described in subsection (b) to 
prevent, prepare for, mitigate against, respond to, and recover from 
acts of terrorism involving covered transportation.
  (b) Covered Entities.--Entities to be assessed under the program 
shall include--
          (1) Federal, State, and local agencies and tribal 
        governments;
          (2) employees and managers of providers of covered 
        transportation;
          (3) governmental and nongovernmental emergency response 
        providers and law enforcement personnel, including railroad and 
        transit police; and
          (4) any other organization or entity that the Secretary 
        determines appropriate.
  (c) Requirements.--The Secretary, in consultation with the Secretary 
of Transportation, shall ensure that the program--
          (1) consolidates all existing security exercises for covered 
        transportation administered by the Department and the 
        Department of Transportation;
          (2) requires, on a periodic basis, at the facilities a 
        provider of covered transportation, exercises to be conducted 
        that are--
                  (A) scaled and tailored to the needs of the 
                facilities, including individuals with disabilities;
                  (B) live, in the case of the most at-risk facilities 
                to a terrorist attack;
                  (C) coordinated with appropriate officials of covered 
                transportation providers;
                  (D) as realistic as practicable and based on current 
                risk assessments, including credible threats, 
                vulnerabilities, and consequences; and
                  (E) consistent with the National Incident Management 
                System, the National Response Plan, the National 
                Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other such national initiatives;
          (3) provides that exercises described in paragraph (2) will 
        be--
                  (A) evaluated against clear and consistent 
                performance measures;
                  (B) assessed to learn best practices, which shall be 
                shared with appropriate Federal, State, local, and 
                tribal officials, governmental and nongovernmental 
                emergency response providers, law enforcement 
                personnel, including railroad and transit police, and 
                appropriate stakeholders; and
                  (C) followed by remedial action in response to 
                lessons learned;
          (4) includes exercises involving covered transportation at or 
        near the international land borders of the United States and in 
        coordination with international stakeholders;
          (5) involves individuals in neighborhoods around the 
        infrastructure of a provider of covered transportation; and
          (6) assists State, local, and tribal governments and 
        providers of covered transportation in designing, implementing, 
        and evaluating exercises that conform to the requirements of 
        paragraph (2).
  (d) Remedial Action Management Program.--The Secretary shall utilize 
the remedial action management program of the Federal Emergency 
Management Agency to--
          (1) identify and analyze each exercise conducted under the 
        program for lessons learned and best practices;
          (2) disseminate lessons learned and best practices to 
        participants in the program;
          (3) monitor the implementation of lessons learned and best 
        practices by participants in the program; and
          (4) conduct remedial action tracking and long-term trend 
        analysis.
  (e) National Training Program.--The Secretary shall ensure that the 
training program developed under subsection (a) is a component of the 
National Training Program established under section 648 of the 
Department of Homeland Security Appropriations Act of 2007 (6 U.S.C. 
748).
  (f) Ferry System Exemption.--This section does not apply to any ferry 
for which drills are required to be conducted pursuant to section 70103 
of title 46, United States Code.

SEC. 111. SECURITY RESEARCH AND DEVELOPMENT.

  (a) Establishment of Research and Development Program.--The Secretary 
shall carry out a research and development program for the purpose of 
improving the security of covered transportation.
  (b) Eligible Projects.--The research and development program may 
include projects--
          (1) to reduce the vulnerability of passenger trains, 
        stations, and equipment to explosives and hazardous chemical, 
        biological, and radioactive substances including the 
        development of technology to screen passengers in large numbers 
        at peak commuting times with minimal interference and 
        disruption;
          (2) to test new emergency response and recovery techniques 
        and technologies, including those used at international 
        borders;
          (3) to develop improved freight railroad technologies, 
        including--
                  (A) technologies for sealing or modifying railroad 
                tank cars;
                  (B) automatic inspection of railroad cars;
                  (C) communication-based train controls;
                  (D) signal system integrity at switches;
                  (E) emergency response training, including training 
                in a tunnel environment;
                  (F) security and redundancy for critical 
                communications, electrical power, computer, and train 
                control systems; and
                  (G) technologies for securing bridges and tunnels;
          (4) to test wayside detectors that can detect tampering;
          (5) to support enhanced security for the transportation of 
        security sensitive materials by railroad;
          (6) to mitigate damages in the event of a cyberattack; and
          (7) to address other vulnerabilities and risks identified by 
        the Secretary.
  (c) Coordination With Other Research Initiatives.--The Secretary 
shall--
          (1) ensure that the research and development program is 
        consistent with the National Strategy for Rail and Public 
        Transportation Security developed under section 101; and
          (2) to the greatest extent practicable, coordinate the 
        research and development activities of the Department with 
        other ongoing research and development security related 
        initiatives, including research being conducted by--
                  (A) the National Academy of Sciences;
                  (B) the Department of Transportation, including 
                University Transportation Centers and other institutes, 
                centers, and simulators funded by the Department of 
                Transportation;
                  (C) the Technical Support Working Group;
                  (D) other Federal departments and agencies; and
                  (E) other Federal and private research laboratories, 
                research entities, and universities and institutions of 
                higher education including, Historically Black Colleges 
                or Universities, and Hispanic Serving Institution or 
                Tribal University, with the capability to conduct both 
                practical and theoretical research and technical 
                systems analysis on subjects that include bridge, 
                tunnel, blast, and infrastructure protection;
          (3) carry out any research and development project authorized 
        by this section through a reimbursable agreement with the 
        appropriate agency or entity official, if the agency or 
        entity--
                  (A) is currently sponsoring a research and 
                development project in a similar area; or
                  (B) has a unique facility or capability that would be 
                useful in carrying out the project;
          (4) award grants, cooperative agreements, contracts, other 
        transactions, or reimbursable agreements to the entities 
        described in subsection (c)(2) and shall adopt necessary 
        procedures, including audits, to ensure that awards made under 
        this section are expended in accordance with the purposes of 
        this title and the priorities and other criteria developed by 
        the Secretary; and
          (5) make reasonable efforts to enter into memoranda of 
        understanding, contracts, grants, cooperative agreements, or 
        other transactions with owners and operators of freight and 
        intercity passenger rail and over-the-road bus facilities 
        willing to contribute both physical space and other resources.
  (d) Privacy and Civil Rights and Civil Liberties Issues.--
          (1) Consultation.--In carrying out research and development 
        projects under this section, the Secretary shall consult with 
        the Chief Privacy Officer of the Department and the Officer for 
        Civil Rights and Civil Liberties of the Department as 
        appropriate and in accordance with section 222 of the Homeland 
        Security Act of 2002 (6 U.S.C. 142).
          (2) Privacy impact assessments.--In accordance with sections 
        222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142; 
        345), the Chief Privacy Officer shall conduct privacy impact 
        assessments and the Officer for Civil Rights and Civil 
        Liberties shall conduct reviews, as appropriate, for research 
        and development initiatives developed under this section.
  (e) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section--
          (1) $50,000,000 for fiscal year 2008;
          (2) $50,000,000 for fiscal year 2009;
          (3) $50,000,000 for fiscal year 2010; and
          (4) $50,000,000 for fiscal year 2011.
Such sums shall remain available until expended.

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

SEC. 113. INCREASE IN SURFACE TRANSPORTATION SECURITY INSPECTORS.

  (a) In General.--The Secretary shall increase the total number of 
positions for full-time surface transportation security inspectors of 
the Department so that by December 31, 2010, the total number of such 
positions is at least 600.
  (b) Qualifications.--Surface transportation security inspectors hired 
by the Secretary shall have at least 1 year or equivalent experience in 
conducting inspections and investigations and engaging in testing 
security systems and any other qualifications that the Secretary 
determines appropriate.
  (c) Roles and Responsibilities.--The Secretary, in consultation with 
the Secretary of Transportation and appropriate State, local, and 
tribal officials, shall develop a standard operating procedure clearly 
defining the relationship between--
          (1) surface transportation security inspectors of the 
        Department and safety inspectors of the Department of 
        Transportation; and
          (2) State, local, and tribal law enforcement officers and 
        other law enforcement personnel, including railroad and public 
        transportation police.
  (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out subsection (a) such sums as 
may be necessary. Such sums shall remain available until expended.

SEC. 114. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

  (a) In General.--There is in the Department of Homeland Security a 
National Domestic Preparedness Consortium.
  (b) Members.--The National Domestic Preparedness Consortium that 
identifies, develops, tests, and delivers training to State, local, and 
tribal emergency response providers, provides onsite and mobile 
training at the performance and management and planning levels, and 
facilitates the delivery of awareness level training by the training 
partners of the Department shall consist of--
          (1) the Center for Domestic Preparedness;
          (2) the National Energetic Materials Research and Testing 
        Center, New Mexico Institute of Mining and Technology;
          (3) the National Center for Biomedical Research and Training, 
        Louisiana State University;
          (4) the National Emergency Response and Rescue Training 
        Center, Texas A&M; University;
          (5) the National Exercise, Test, and Training Center, Nevada 
        Test Site; and
          (6) the Transportation Technology Center in Pueblo, Colorado.
  (c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary--
          (1) to at least maintain the funding level of fiscal year 
        2007 for each member of the National Domestic Preparedness 
        Consortium listed in subsection (b) in existence prior to the 
        inclusion of the Transportation Technology Center in the 
        Consortium; and
          (2) in fiscal years 2008 through 2011, increase the funding 
        level for each member of the National Domestic Preparedness 
        Consortium to not less than 3 percent of the amount made 
        available for the preceding fiscal year.

SEC. 115. AUTHORIZATION OF VISIBLE INTERMODAL PROTECTION RESPONSE 
                    TEAMS.

  The Secretary, acting through the Administrator of the Transportation 
Security Administration, is authorized to develop Visible Intermodal 
Protection Response (referred to in this section as ``VIPR'') teams 
designed to augment security for any mode of transportation at any 
location within the United States. In forming a VIPR team, the 
Secretary--
          (1) may use any asset of the Department, including Federal 
        air marshals, surface transportation security inspectors, 
        canine detection teams, and advanced screening technology;
          (2) has the discretion to determine, consistent with ongoing 
        security threats, when a VIPR should be deployed, as well as 
        the duration of the deployment in coordination with local 
        security and law enforcement officials; and
          (3) prior to deployments, shall consult with local security 
        and law enforcement officials in the jurisdiction where the 
        VIPR Team is planned to deploy, to develop and agree upon the 
        appropriate operating protocols and in order to educate those 
        officials regarding the mission of the VIPR teams.

SEC. 116. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.

  (a) Establishment.--The Secretary shall establish a National 
Transportation Security Center of Excellence at an institution of 
higher education to conduct research and education activities, and to 
develop or provide professional security training, including the 
training of rail and public transportation employees and rail and 
public transportation-related professionals, with emphasis on 
utilization of intelligent transportation systems, technologies, and 
architectures.
  (b) Criteria.--The Secretary shall designate the Center according to 
the following selection criteria:
          (1) The demonstrated commitment of the institution to 
        transportation security issues.
          (2) The use of and experience with partnerships with other 
        institutions of higher education, Federal laboratories, or 
        other nonprofit laboratories.
          (3) Capability to conduct both practical and theoretical 
        research and technical systems analysis.
          (4) Utilization of intelligent transportation system 
        technologies and architectures.
          (5) Ability to develop professional security training 
        programs.
          (6) Capability and willingness to conduct education of 
        transportation security professionals.
          (7) Such other criteria as the Secretary may designate.
  (c) Consortium.--
          (1) Experience.--The Consortium shall include universities 
        and institutions of higher education that have existing 
        transportation programs.
          (2) Certain inclusions.--At least two of the consortium 
        colleges and universities associated with the National 
        Transportation Security Center of Excellence shall be an 
        Historically Black College or University, an Hispanic Serving 
        Institution, Tribal University, even if the primary institution 
        is one of the aforementioned institutions of higher education.
          (3) Degree program.--Of the universities selected under 
        paragraph (2), at least one shall have an established degree 
        and an advanced degree program in transportation studies.
  (d) Training.--If the consortium does not include the National 
Transit Institute, the Consortium shall work with the National Transit 
Institute on training programs.
  (e) Funding.--The Secretary shall provide such funding as is 
necessary to the National Transportation Security Center of Excellence 
established under subsection (a) to carry out this section.

SEC. 117. TSA PERSONNEL LIMITATIONS.

  Any statutory limitation on the number of employees in the 
Transportation Security Administration does not apply to employees 
carrying out this Act.

SEC. 118. HOMELAND SECURITY GRANTS.

  Notwithstanding any provision of this Act, all grants distributed for 
security-related purposes pursuant to this Act, shall be administered 
on the basis of risk by the Secretary as the lead Federal official on 
transportation security.

SEC. 119. THREAT ASSESSMENT SCREENING.

  Not later than 180 days after the date of the enactment of this Act, 
the Secretary shall implement a threat assessment screening program, 
including name-based checks against terrorist watch lists and 
immigration status check, for all employees of covered transportation, 
that is the same as the threat assessment screening program required 
for facility employees and longshoremen by the Commandant of the Coast 
Guard under Coast Guard Notice USCG-2006-24189 (71 Fed. Reg. 25066 
(Friday, April 28, 2006)).

SEC. 120. BACKGROUND CHECKS FOR COVERED INDIVIDUALS.

  (a) Definitions.--In this section, the following definitions apply:
          (1) Background checks.--The term ``background check'' means a 
        check of the following:
                  (A) Relevant criminal history databases.
                  (B) In the case of an alien (as defined in the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), 
                the relevant databases to determine the status of the 
                alien under the immigration laws of the United States.
          (2) Covered individuals.--The term ``covered individual'' 
        means an employee of--
                  (A) an employer, within the meaning of section 701(b) 
                of the Civil Rights Act of 1964 (42 U.S.C. 2000e(b)), 
                who is a provider of covered transportation; or
                  (B) a contractor or subcontractor of such an 
                employer.
  (b) Redress Process.--If a provider of covered transportation 
conducts background checks in order to satisfy any rules, regulations, 
directives, or other guidance issued by the Secretary to protect 
covered transportation from the threat of terrorism, the provider of 
covered transportation shall provide an adequate redress process.
  (c) Standards for Redress Process.--
          (1) In general.--The Secretary shall ensure that each 
        provider of covered transportation implements a redress process 
        in accordance with subsection (b) for covered individuals 
        adversely impacted by a background check described in 
        subsection (b).
          (2) Standards.--The redress process shall be modeled after 
        the appeals and waiver process established for hazmat drivers 
        and transportation workers at ports, as required by section 
        1515 of title 49, Code of Federal Regulations.
          (3) Components.--The redress process shall include the 
        following:
                  (A) A waiver process that will allow a covered 
                individual to demonstrate, through rehabilitation, or 
                facts surrounding the conviction or other mitigating 
                factors, that the individual is not a security risk.
                  (B) An appeal process during which a covered 
                individual will have an opportunity to demonstrate that 
                the individual does not have a disqualifying conviction 
                either by--
                          (i) correcting outdated underlying court 
                        records;
                          (ii) proving mistaken identity; or
                          (iii) establishing that the conviction cannot 
                        serve as the basis for an adverse employment 
                        decision in accordance with the limitations 
                        contained in subsection (d).
                  (C) A proceeding providing an independent review.
                  (D) A process to ensure compliance with the 
                requirements of this section.
          (4) Proceedings providing an independent review.--A covered 
        individual who requests a proceeding under paragraph (3)(C) 
        shall have the right to have waiver and appeal decisions heard 
        by an independent decisionmaker with the ability to order 
        reinstatement expeditiously or provide other remedy.
          (5) Previous background checks.--A covered individual 
        subjected to and adversely affected by a background check 
        conducted by a provider of covered transportation (or a 
        contractor or subcontractor of such a provider), in the period 
        beginning on June 23, 2006, and ending on the date of enactment 
        of this Act, to satisfy any rules, regulations, directives, or 
        other guidance issued by the Secretary to protect covered 
        transportation from the threat of terrorism shall have an 
        immediate right to a proceeding with an independent 
        decisionmaker to determine if the adverse action was in 
        compliance with this section and shall have a right to 
        immediate reinstatement or other remedy if the background check 
        fails to comply with this section.
  (d) Limitations.--
          (1) In general.--Subject to paragraph (2), any rule, 
        regulation, directive, or other guidance issued by the 
        Secretary regarding background checks of covered individuals 
        shall prohibit an employer from making an adverse employment 
        decision, including removal or suspension, with respect to a 
        covered individual based on--
                  (A) a felony conviction that occurred 7 or more years 
                ago;
                  (B) a conviction of any offense for which the 
                individual was released from incarceration 5 or more 
                years ago; or
                  (C) any felony not listed in section 1572.103 of 
                title 49, Code of Federal Regulations.
          (2) Exceptions.--The limitations contained in paragraph (1) 
        shall not apply to a covered individual who has been convicted 
        of any of the following:
                  (A) Treason (or conspiracy to commit treason).
                  (B) Espionage (or conspiracy to commit espionage).
                  (C) Sedition (or conspiracy to commit sedition).
                  (D) Any crime listed in chapter 113B of title 18, 
                United States Code (or conspiracy to commit such a 
                crime).
  (e) No Preemption of Federal or State Law.--Nothing in this section 
shall be construed as preempting a Federal, State, or local law that 
requires criminal history background checks of covered employees.
  (f) Statutory Construction.--Nothing in this section shall be 
construed to affect the process for review established under section 
70105(c) of title 46, United States Code, including regulations issued 
pursuant to such section.

SEC. 121. TASK FORCE ON DISQUALIFYING CRIMES.

  (a) Establishment.--The Secretary shall establish a task force to 
review the lists of crimes that disqualify individuals from certain 
transportation-related employment under current regulations of the 
Transportation Security Administration and assess whether such lists of 
crimes are accurate indicators of a terrorism security risk.
  (b) Membership.--The task force shall be composed of representatives 
of appropriate industries, including representatives of nonprofit 
employee labor organizations, and Federal agencies.
  (c) Report.--Not later than 180 days after the date of enactment of 
this Act, the task force shall transmit to the Secretary and Congress a 
report containing the results of the review, including recommendations 
for a common list of disqualifying crimes and the rationale for the 
inclusion of each crime on the list.

SEC. 122. PENALTIES.

  (a) Regulations and Orders of the Secretary.--Section 114 of title 
49, United States Code, is amended by adding at the end the following:
  ``(u) General Civil Penalties and Enforcement of Regulations and 
Orders of the Secretary of Homeland Security.--
          ``(1) Application.--This subsection applies to the 
        enforcement of regulations prescribed, and orders issued, by 
        the Secretary of Homeland Security under a provision of chapter 
        701 of title 46 and this title (other than chapter 449) (in 
        this subsection referred to as an `applicable provision of this 
        title'). Penalties for violation of regulations prescribed, and 
        orders issued, by the Secretary of Homeland Security under a 
        provision of chapter 449 are provided under chapter 463.
          ``(2) General civil penalties.--
                  ``(A) Maximum civil penalties.--A person is liable to 
                the United States Government for a civil penalty of not 
                more than $10,000 for a violation of a regulation 
                prescribed, or order issued, by the Secretary of 
                Homeland Security under an applicable provision of this 
                title.
                  ``(B) Separate violations.--A separate violation 
                occurs under this paragraph for each day the violation 
                continues.
          ``(3) Administrative imposition of civil penalties.--
                  ``(A) In general.--The Secretary of Homeland Security 
                may impose a civil penalty for a violation of a 
                regulation prescribed, or order issued, under an 
                applicable provision of this title. The Secretary of 
                Homeland Security shall give written notice of the 
                finding of a violation and the penalty.
                  ``(B) Civil actions to collect penalties.--In a civil 
                action to collect a civil penalty imposed by the 
                Secretary under this paragraph, the issues of liability 
                and the amount of the penalty may not be reexamined.
                  ``(C) Exclusive jurisdiction of district courts.--
                Notwithstanding subparagraph (A) of this paragraph, the 
                district courts of the United States have exclusive 
                jurisdiction of a civil action involving a penalty that 
                the Secretary initiates if--
                          ``(i) the amount in controversy is more 
                        than--
                                  ``(I) $400,000 if the violation was 
                                committed by a person other than an 
                                individual or small business concern; 
                                or
                                  ``(II) $50,000 if the violation was 
                                committed by an individual or small 
                                business concern;
                          ``(ii) the action is in rem or another action 
                        in rem based on the same violation has been 
                        brought; or
                          ``(iii) another action has been brought for 
                        an injunction based on the same violation.
                  ``(D) Maximum civil penalties imposed by the 
                secretary.--The maximum civil penalty the Secretary may 
                impose under this paragraph is--
                          ``(i) $400,000 if the violation was committed 
                        by a person other than an individual or small 
                        business concern; or
                          ``(ii) $50,000 if the violation was committed 
                        by an individual or small business concern.
                  ``(E) Notice and opportunity to request hearing.--
                Before imposing a penalty under this section the 
                Secretary shall provide to the person against whom the 
                penalty is to be imposed--
                          ``(i) written notice of the proposed penalty; 
                        and
                          ``(ii) the opportunity to request, not later 
                        than 30 days after the date on which the person 
                        receives the notice, a hearing on the proposed 
                        penalty.
          ``(4) Compromise and setoff.--
                  ``(A) Compromise.--The Secretary may compromise the 
                amount of a civil penalty imposed under this 
                subsection.
                  ``(B) Setoff.--The Government may deduct the amount 
                of a civil penalty imposed or compromised under this 
                subsection from amounts it owes the person liable for 
                the penalty.
          ``(5) Investigations and proceedings.--The provisions set 
        forth in chapter 461 shall be applicable to investigations and 
        proceedings brought under this subsection to the same extent 
        that they are applicable to investigations and proceedings 
        brought with respect to aviation security duties designated to 
        be carried out by the Secretary.
          ``(6) Nonapplication.--
                  ``(A) Persons subject to penalties determined by the 
                secretary of defense.--Paragraphs (1) through (4) of 
                this subsection do not apply to the following persons, 
                who shall be subject to penalties as determined by the 
                Secretary of Defense or the Secretary's designee:
                          ``(i) The transportation of personnel or 
                        shipments of materials by contractors where the 
                        Department of Defense has assumed control and 
                        responsibility.
                          ``(ii) A member of the Armed Forces of the 
                        United States when performing official duties.
                          ``(iii) A civilian employee of the Department 
                        of Defense when performing official duties.
                  ``(B) Postal service; department of defense.--In this 
                subsection, the term `person' does not include--
                          ``(i) the United States Postal Service; or
                          ``(ii) the Department of Defense.
          ``(7) Small business concern defined.--The term `small 
        business concern' has the meaning given that term in section 3 
        of the Small Business Act (15 U.S.C. 632).''.
  (b) Conforming Amendment.--Section 46301(a)(4) of title 49, United 
States Code, is amended by striking ``or another requirement under this 
title administered by the Under Secretary of Transportation for 
Security''.

SEC. 123. SCHOOL BUS TRANSPORTATION SECURITY.

  (a) School Bus Security Threat Assessment.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall transmit 
to the Committee on Homeland Security and Governmental Affairs of the 
Senate and the Committee on Homeland Security of the House of 
Representatives, a report, including a classified report, as 
appropriate, containing a comprehensive threat assessment of the threat 
of a terrorist attack on the Nation's school bus transportation system 
in accordance with the requirements of this section.
  (b) Contents of Threat Assessment.--The assessment shall include--
          (1) an assessment of the Nation's school bus transportation 
        system, including publicly and privately operated systems;
          (2) the security threats to the assets and systems;
          (3) an assessment of actions already taken by operators to 
        address identified security vulnerabilities by both private and 
        publicly operated systems;
          (4) an assessment of additional actions and investments 
        necessary to improve the security of the Nation's school 
        children traveling on school buses;
          (5) an assessment of whether additional legislation or 
        Federal programs are needed to provide for the security of 
        children traveling on school buses; and
          (6) an assessment of the psychological and economic impacts 
        of an attack on school buses.
  (c) Consultation.--In conducting the threat assessment, the Secretary 
shall consult with administrators and officials of school systems, 
representatives of the school bus industry, including both public and 
privately operated systems, public safety and law enforcement 
officials, and nonprofit employee labor organizations representing 
school bus drivers.

SEC. 124. ENHANCED SECURITY MEASURES FOR SHIPMENTS OF SECURITY 
                    SENSITIVE MATERIALS.

  (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, shall issue regulations to require enhanced security 
measures for shipments of security sensitive materials.
  (b) Definitions.--
          (1) Security sensitive material.--The Secretary shall 
        designate a material, or a group or class of material, in a 
        particular amount and form as security sensitive when the 
        Secretary determines that transporting the material in commerce 
        poses a significant risk to national security due to the 
        potential use of the material in an act of terrorism. In making 
        such a designation, the Secretary shall consider the following:
                  (A) A highway route-controlled quantity of a Class 7 
                (radioactive) material, as defined in section 173.403 
                of title 49, Code of Federal Regulations, in a motor 
                vehicle, railcar, or freight container.
                  (B) More than 25 kilograms (55 pounds) of a division 
                1.1, 1.2, or 1.3 of section 173.5 of title 49, Code of 
                Federal Regulations (explosive) material in a motor 
                vehicle, rail car, or freight container;
                  (C) More than one liter (1.06 quart) per package of a 
                material poisonous by inhalation, as defined in section 
                171.8 of title 49, Code of Federal Regulations, that 
                meets the criteria for hazard zone A, as specified in 
                section 173.116(a) or section 173.133(a) of title 49, 
                Code of Federal Regulations.
                  (D) A shipment of a quantity of hazardous materials 
                in a bulk packaging having a capacity equal to or 
                greater than 13,248 liters (3,500 gallons) for liquids 
                or gases or more than 13.24 cubic meters (68 cubic 
                feet) for solids.
                  (E) A shipment in other than a bulk packaging of 
                2,268 kilograms (5,000 pounds) gross weight or more of 
                one class of hazardous materials for which placarding 
                of a vehicle, rail car, or freight container is 
                required for that class under the provisions of section 
                172.521B of title 49, Code of Federal Regulations.
                  (F) A select agent or toxin regulated by the Centers 
                for Disease Control and Prevention under part 73 of 
                title 42, Code of Federal Regulations.
                  (G) A quantity of hazardous material that requires 
                placarding under the provisions of subpart F of part 
                172 of title 49, Code of Federal Regulations.
          (2) Area of concern.--For purposes of this section, the term 
        ``area of concern'' means a geographic region designated by the 
        Secretary as commanding special consideration with respect to 
        the security of the transportation of security sensitive 
        materials, which shall include high threat urban areas as 
        determined by the Secretary.
          (3) Storage pattern.--The term ``storage pattern'' is defined 
        as the conditions of storage, including--
                  (A) location of cars in railyards or on railroad-
                controlled leased tracks;
                  (B) type of storage (such as bulk transfer or not);
                  (C) typical types and numbers of security sensitive 
                material cars stored in close proximity (in ranges);
                  (D) population density;
                  (E) average length of time cars are stored, attended 
                or unattended; and
                  (F) security measures present, including physical 
                security measures, secure handoffs and nearest 
                available safe havens for storage in case of heightened 
                threat conditions.
          (4) Most secure.--The term ``most secure route or storage 
        pattern'' means the route or storage pattern that best reduces 
        the risk, including consequences, of a terrorist attack on a 
        shipment of security sensitive material that is transported 
        through or near an area of concern.
  (c) Compilation of Route and Storage Pattern Information for Rail 
Carriers Transporting Security Sensitive Materials.--Not later than 90 
days after the end of each calendar year, a rail carrier shall compile 
commodity data by route and storage pattern, a line segment or series 
of line segments as aggregated by the rail carrier. Within the rail 
carrier selected route, the commodity data shall identify the 
geographic location of the route and storage pattern and the total 
number of shipments by United Nations identification number for 
security sensitive materials and storage patterns along the routes.
  (d) Rail Transportation Route and Storage Pattern Analysis for 
Security Sensitive Materials.--For each calendar year, a rail carrier 
shall provide a written analysis of the security risks for the 
transportation routes and storage patterns, identified in the commodity 
data collected as required by subsection (c). The security risks 
present shall be analyzed for the route, railroad facilities, railroad 
storage facilities, private storage facilities, and areas of concern 
along or in proximity to the route.
  (e) Alternative Route and Storage Pattern Analysis for Security 
Sensitive Materials.--
          (1) By the end of each calendar year, a rail carrier shall--
                  (A) identify to the Department practical alternative 
                routes and storage patterns that will avoid areas of 
                concern for each of the transportation routes or 
                facilities it used to ship or store security sensitive 
                materials through or near areas of concern in the last 
                calendar year; and
                  (B) perform a security risk assessment of the 
                alternative route or storage pattern for comparison to 
                the route and storage pattern analysis specified in 
                subsection (d).
          (2) The analysis shall include the following:
                  (A) Identification of security risks for alternative 
                route or storage pattern.
                  (B) Comparison of those risks identified in 
                subparagraph (A) to the primary rail transportation 
                route or storage pattern.
          (3) Rail carriers transporting security sensitive materials 
        must consider the availability of interchange agreements or 
        systems of tracks and facilities owned by other operators when 
        determining whether an alternate route for transporting the 
        security sensitive materials to avoid areas of concern is 
        practical.
          (4) An alternate route or storage facility that will avoid an 
        area of concern may be considered by the rail carrier to be 
        impractical if the shipment originates in or is destined for 
        the area of concern, or if there would be no harm beyond the 
        property of the rail carrier transporting the shipment or 
        storage facility storing the shipment in the event of a 
        successful terrorist attack on the shipment.
  (f) Alternative Route and Storage Pattern Selection for Security 
Sensitive Materials.--A carrier shall use the analysis required by 
subsections (d) and (e) to select the most secure route and storage 
pattern to be used in moving the materials specified in subsection (b).
  (g) Review.--Not less than once every 5 years, the analyses route and 
storage pattern selection determinations required under subsections 
(c), (d), (e), and (f) shall include a comprehensive, system-wide 
review of all operational changes, infrastructure modifications, 
traffic adjustments, changes in the nature of the areas of concern 
located along or in proximity to the route, or other changes affecting 
the security of the movements of the materials specified in subsection 
(b) of this section that were implemented during the 5-year period.

SEC. 125. TECHNOLOGY STANDARDS AND CLEARINGHOUSE TO IMPROVE SECURITY OF 
                    COVERED TRANSPORTATION.

  (a) In General.--The Secretary, acting through the Under Secretary 
for Science and Technology and the Director of the Domestic Nuclear 
Detection Office (for radiological and nuclear detection technologies 
and training), in consultation with the Director of the National 
Institute of Standards and Technology and other appropriate Federal 
agencies, as appropriate, shall establish a standards program to 
support the development, promulgation, and updating as necessary of 
national voluntary consensus standards for performance, testing, use, 
and training with respect to technologies that will improve the 
security of covered transportation in order to meet the security plan 
requirements under section 103(d)(1) and the security performance 
requirements under section 103(f).
  (b) Equipment Standards.--
          (1) Requirements.--The standards for the performance, use, 
        and validation of equipment developed under subsection (a) 
        shall be designed to assist Federal, State, local, and tribal 
        government and nongovernment emergency response providers, 
        other components of the Department, providers of covered 
        transportation, shippers of hazardous material, manufacturers 
        of railroad and transit cars, transportation and public safety 
        officials, and other relevant stakeholders in acquiring and 
        implementing technologies to prevent, prepare for, mitigate 
        against, and respond to acts of terrorism on covered 
        transportation. Such standards--
                  (A) shall be, to the maximum extent practicable, 
                consistent with any existing voluntary consensus 
                standards;
                  (B) shall take into account, as appropriate, new 
                types of terrorism threats which may target covered 
                transportation and responsibilities of the Department 
                that may not have been contemplated when such existing 
                standards were developed;
                  (C) shall focus on maximizing interoperability, 
                interchangeability, durability, flexibility, 
                efficiency, efficacy, portability, sustainability, and 
                safety;
                  (D) shall facilitate deployment of the systems to the 
                field and include concept of operations;
                  (E) shall consider human factors science; and
                  (F) shall cover all appropriate uses of the 
                equipment.
          (2) Categories of equipment.--In carrying out paragraph (1), 
        the Secretary shall specifically consider national voluntary 
        consensus standards for the performance, use, and validation of 
        the following categories of equipment:
                  (A) Physical security equipment, including 
                surveillance cameras, alarm systems, access/intrusion 
                control, motion detection, barriers such as fences, 
                impact resistant doors, bomb-resistant trash 
                receptacles, and personnel and vehicle identification 
                systems.
                  (B) Interoperable communications equipment, including 
                wireless and wireline voice, video, and data networks.
                  (C) Information technology, including position 
                locating and tracking systems.
                  (D) Cybersecurity equipment, including biometric 
                authentication systems, network and personal firewalls 
                and other authentication technologies.
                  (E) Personal protective equipment, including 
                garments, boots, gloves, and hoods and other protective 
                clothing.
                  (F) Operational and search and rescue equipment, 
                including canines and scene control and safety 
                equipment such as first aid kits.
                  (G) Explosive mitigation devices and explosive 
                detection and analysis equipment.
                  (H) Chemical, biological, radiological, and nuclear 
                detection equipment.
                  (I) Decontamination equipment.
                  (J) Noninvasive inspection and screening systems.
                  (K) Medical and pharmaceutical supplies.
                  (L) Other terrorism incident prevention equipment.
                  (M) Such other equipment for which the Secretary 
                determines that national voluntary consensus standards 
                would be appropriate to improve the security of covered 
                transportation.
          (3) Certification and accreditation.--The Secretary, in 
        carrying out this subsection, and in coordination with the 
        Director of the National Institute of Standards and Technology, 
        may support the certification of equipment and the 
        accreditation of laboratories to conduct testing and 
        evaluation.
  (c) Training Standards.--
          (1) Requirements.--The standards for the training developed 
        under subsection (a) shall be designed to enable Federal, 
        State, local, and tribal government and nongovernment emergency 
        response providers, other Department personnel, providers of 
        covered transportation, shippers of hazardous material, 
        manufacturers of railroad and transit cars, transportation and 
        public safety officials, and other relevant stakeholders to use 
        equipment effectively and appropriately in carrying out their 
        responsibilities to secure covered transportation. Such 
        standards shall prioritize--
                  (A) enabling appropriate stakeholders to prevent, 
                prepare for, respond to, mitigate against, and recover 
                from terrorist threats on covered transportation, 
                including threats from chemical, biological, 
                radiological, and nuclear weapons and explosive devices 
                capable of inflicting significant human casualties, and 
                other potentially catastrophic emergencies; and
                  (B) familiarizing appropriate stakeholders with the 
                proper use of equipment, including the capabilities and 
                limitations of equipment and conditions in which the 
                equipment is expected to operate.
          (2) Categories of activities.--In carrying out paragraph (1), 
        the Secretary specifically shall include the following 
        categories of activities:
                  (A) Regional planning.
                  (B) Joint exercises.
                  (C) Information analysis and sharing.
                  (D) Decision making protocols for incident response 
                and alarms.
                  (E) Emergency notification of affected populations.
                  (F) Detection of biological, nuclear, radiological, 
                and chemical weapons of mass destruction.
                  (G) Screening and patrolling procedures.
                  (H) Such other activities for which the Secretary 
                determines that national voluntary consensus training 
                standards would be appropriate.
          (3) Consistency.--In carrying out this subsection, the 
        Secretary shall ensure that training standards are consistent 
        with the principles of all hazards emergency preparedness.
  (d) Consultation With Standards Organizations.--In establishing 
national voluntary consensus standards for equipment and training under 
this section, the Secretary shall consult with relevant public and 
private sector groups, including--
          (1) the National Institute of Standards and Technology;
          (2) the American Public Transportation Association;
          (3) the National Fire Protection Association;
          (4) the National Association of County and City Health 
        Officials;
          (5) the Association of American Railroads;
          (6) the American Bus Association;
          (7) the Association of State and Territorial Health 
        Officials;
          (8) the American National Standards Institute;
          (9) the National Institute of Justice;
          (10) the Inter-Agency Board for Equipment Standardization and 
        Interoperability;
          (11) the National Public Health Performance Standards 
        Program;
          (12) the National Institute for Occupational Safety and 
        Health;
          (13) ASTM International;
          (14) the International Safety Equipment Association;
          (15) the Emergency Management Accreditation Program; and
          (16) to the extent the Secretary considers appropriate, other 
        national voluntary consensus standards development 
        organizations, other interested Federal, State, and local 
        agencies, and other interested persons.
  (e) Technology Clearinghouse To Enhance the Security of Covered 
Transportation.--
          (1) In general.--The Secretary shall utilize the Technology 
        Clearinghouse established under section 313 of the Homeland 
        Security Act of 2002 (6 U.S.C. 193) to facilitate the 
        identification, acquisition, and deployment of technology, 
        equipment, and training for use by Federal, State, local, and 
        tribal agencies, emergency response providers, other components 
        of the Department, providers of covered transportation, 
        shippers of hazardous material, manufacturers of railroad and 
        transit cars, transportation and public safety officials, and 
        other relevant stakeholders to prevent, prepare for, mitigate 
        against, respond to, or recover from acts of terrorism on 
        covered transportation.
          (2) Elements of the technology clearinghouse.--Activities in 
        carrying out paragraph (1) shall include--
                  (A) identifying available technologies that have 
                been, or are in the process of being, developed, 
                tested, evaluated, or demonstrated by the Department, 
                other Federal agencies, the private sector, or foreign 
                governments and international organizations, and 
                reviewing whether such technologies may be useful in 
                assisting appropriate stakeholders to prevent, prepare 
                for, mitigate against, respond to, or recover from acts 
                of terrorism on covered transportation; and
                  (B) communicating to Federal, State, local, and 
                tribal agencies, emergency response providers, other 
                components of the Department, providers of covered 
                transportation, shippers of hazardous material, 
                manufacturers of railroad and transit cars, 
                transportation and public safety officials, and other 
                relevant stakeholders the availability of such 
                technologies, as well as--
                          (i) the technology's specifications and 
                        concept of operations;
                          (ii) satisfaction of appropriate equipment 
                        and training standards developed under 
                        subsections (a) and (b);
                          (iii) relevant grants available from the 
                        Department to purchase or train with such 
                        technologies; and
                          (iv) whether the Secretary has designated a 
                        product, equipment, service, device, or 
                        technology under subparagraph (A) as a 
                        qualified antiterrorism technology pursuant to 
                        the Support Anti-terrorism by Fostering 
                        Effective Technologies Act of 2002 (6 U.S.C. 
                        441 et seq.).
          (3) Coordination.--The Secretary shall ensure that the 
        technology clearinghouse activities conducted through the Under 
        Secretary for Science and Technology are coordinated with 
        appropriate components of the Department including the Domestic 
        Nuclear Detection Office, the Transportation Security 
        Administration, the Office of Infrastructure Protection, the 
        Office of Grants and Training, and the Federal Emergency 
        Management Agency.
          (4) Agreements.--The Secretary may enter into memoranda of 
        understandings or agreements with other Federal agencies, 
        foreign governments, and national and international 
        organizations as appropriate, in order to maximize the 
        availability of such technologies and information through the 
        Technology Clearinghouse.

SEC. 126. RAIL TANK CAR SECURITY TESTING.

  (a) Rail Tank Car Vulnerability Assessment.--
          (1) Assessment.--The Secretary shall assess the likely 
        methods of a deliberate attack against a rail tank car used to 
        transport toxic-inhalation-hazard materials, and for each 
        method assessed, the degree to which it may be successful in 
        causing death, injury, or serious adverse effects to human 
        health, the environment, critical infrastructure, national 
        security, the national economy, or public welfare.
          (2) Threats.--In carrying out paragraph (1), the Secretary 
        shall consider the most current threat information as to likely 
        methods of a successful attack on a rail tank car transporting 
        toxic-inhalation-hazard materials, and may consider the 
        following:
                  (A) An improvised explosive device placed along the 
                tracks.
                  (B) An improvised explosive device attached to the 
                rail car.
                  (C) The use of shoulder-fired missiles.
                  (D) The use of rocket propelled grenades.
                  (E) The use of mortars or high-caliber weapons.
          (3) Physical testing.--In developing the assessment required 
        under paragraph (1), the Secretary shall conduct physical 
        testing of the vulnerability of rail tank cars used to 
        transport toxic-inhalation-hazard materials to different 
        methods of a deliberate attack, using technical information and 
        criteria to evaluate the structural integrity of railroad tank 
        cars.
          (4) Report.--Not later than 30 days after the completion of 
        the assessment under paragraph (1), the Secretary shall provide 
        to the appropriate congressional committees a report, in the 
        appropriate format, on such assessment.
  (b) Rail Tank Car Dispersion Modeling.--
          (1) In general.--The Secretary, acting through the National 
        Infrastructure Simulation and Analysis Center, shall conduct 
        air dispersion modeling analysis of a release of the contents 
        of a single rail tank car of toxic-inhalation-hazard materials 
        in at least three high-threat urban areas in the United States.
          (2) Considerations.--The analysis under this subsection shall 
        take into account the following considerations:
                  (A) A deliberate attack on a rail tank car 
                transporting toxic-inhalation-hazard materials, 
                including the most likely means of attack and the 
                resulting dispersal rate.
                  (B) Different times of day, to account for 
                differences in population size and density in the urban 
                area, as well as differences in cloud coverage over the 
                affected regions.
                  (C) Historically accurate wind speeds, temperatures 
                and directions.
                  (D) The difference between a rail tank car in motion 
                and a stationary rail tank car.
                  (E) Emergency response procedures by local officials, 
                including the availability of medical countermeasures 
                to treat exposures to toxic-inhalation-hazard 
                materials.
                  (F) Any other considerations the Secretary believes 
                would develop an accurate, plausible dispersion model 
                for toxic-inhalation-hazard materials released from a 
                rail tank car as a result of a terrorist act.
          (3) Consultation.--In conducting the dispersion modeling 
        under paragraph (1), the Secretary shall consult with the 
        appropriate State, local, and tribal officials of the high-
        threat urban area selected, and with other Federal agencies as 
        appropriate.
          (4) Information sharing.--Upon completion of the analysis 
        required under paragraph (1), the Secretary shall share the 
        information developed with the appropriate stakeholders within 
        each high-threat urban area selected, given appropriate 
        information protection provisions as may be required by the 
        Secretary.
          (5) Report.--Not later than 30 days after completion of all 
        dispersion analyses under paragraph (1), the Secretary shall 
        submit to the appropriate congressional committees a report 
        detailing the Secretary's conclusions and findings in an 
        appropriate format.

SEC. 127. RAIL RADIOLOGICAL AND NUCLEAR DETECTION.

  (a) Prototype.--Not later than one year after the date of enactment 
of this Act, the Domestic Nuclear Detection Office shall begin testing 
and evaluation of prototype systems to detect nuclear or radiological 
materials in rail security venues, including spectroscopic 
technologies.
  (b) Strategy.--Upon successful developmental testing and evaluation 
of such radiation detection technologies at Domestic Nuclear Detection 
Office test facilities, as well as extensive testing and evaluation in 
operational environments, the Domestic Nuclear Detection Office shall, 
in coordination with Customs and Border Protection and the 
Transportation Security Administration, ensure appropriate training, 
operations, and response protocols are established and, shall develop a 
deployment strategy to detect nuclear or radiological materials 
arriving in or transporting through the United States by rail. Such 
strategy shall consider the integration of radiation detection 
technologies with other nonintrusive inspection technologies, including 
imagery and density scanning, in order to utilize existing rail 
examination facilities and further strengthen border security.
  (c) Report to Congress.--Not later than September 30, 2008, the 
Domestic Nuclear Detection Office shall transmit to Congress a report. 
Such report shall--
          (1) describe the progress of testing and evaluation under 
        subsection (a); and
          (2) in coordination with U.S. Customs and Border Protection 
        and the Transportation Security Administration, describe the 
        development of a strategy under subsection (b).
  (d) Implementation.--The Domestic Nuclear Detection Office, U.S. 
Customs and Border Protection, and the Transportation Security 
Administration shall begin implementation of the strategy developed 
under subsection (b) after verification of systems performance.

SEC. 128. REQUIREMENT TO PROVIDE PREFERENCE TO QUALIFIED ANTI-TERRORISM 
                    TECHNOLOGIES.

  In using grant funds provided under this Act to purchase products, 
equipment, services, devices, or technologies to be employed in the 
implementation of any security plan required under this Act, a grant 
recipient shall, to the extent practicable, give preference to 
products, equipment, services, devices, and technologies that the 
Secretary has designated as qualified anti-terrorism technologies under 
the Support Anti-terrorism by Fostering Effective Technologies Act of 
2002 (subtitle G of title VIII of the Homeland Security Act of 2002; 6 
U.S.C. 441 et seq.), if the grant recipient determines that such a 
product, equipment, service, device, or technology meets or exceeds the 
requirements of the security plan.

SEC. 129. PROMOTING LIABILITY PROTECTIONS FOR PROVIDERS OF COVERED 
                    TRANSPORTATION AND RELATED TECHNOLOGIES.

  The Secretary shall work with providers of covered transportation to 
identify for procurement products, equipment, services, devices, and 
technologies to be employed in the implementation of security plans 
required under this Act, that are designated by the Secretary as 
qualified anti-terrorism technologies under the Support Anti-terrorism 
by Fostering Effective Technologies Act of 2002 (subtitle G of title 
VIII of the Homeland Security Act of 2002; 6 U.S.C. 441 et seq.) or may 
otherwise be eligible for liability protections.

SEC. 130. INTERNATIONAL RAIL SECURITY PROGRAM.

  (a) Non-Intrusive Inspection Equipment.--For the purpose of checking 
in-bound rail shipments to the United States for undeclared passengers 
or contraband, including terrorists or weapons, including weapons of 
mass destruction, the Secretary shall--
          (1) deploy, where practicable, non-intrusive inspection 
        imaging equipment at locations where rail shipments cross an 
        international border to enter the United States; or
          (2) implement alternative procedures to check such rail 
        shipments at locations where the deployment of non-intrusive 
        inspection imaging equipment is determined to not be 
        practicable.
  (b) Advanced Filing of Security Data.--
          (1) In general.--The Secretary shall--
                  (A) identify and seek the submission of additional 
                data elements for improved high-risk targeting related 
                to the movement of cargo through the international 
                supply chain utilizing a railroad prior to importation 
                into the United States; and
                  (B) analyze the data provided pursuant to in 
                paragraph (1) to identify high-risk cargo for 
                inspection.
          (2) International supply chain defined.--For purposes of this 
        subsection, the term ``international supply chain'' means the 
        end-to-end process for shipping goods to or from the United 
        States beginning at the point of origin (including 
        manufacturer, supplier, or vendor) through a point of 
        distribution to the destination.

SEC. 131. TERRORIST WATCHLIST AND IMMIGRATION STATUS REVIEW AT HIGH-
                    RISK TRANSPORTATION SITES.

  The Secretary shall require each provider of covered transportation, 
including contractors and subcontractors, assigned to a high-risk tier 
under section 102 to conduct checks of their employees against 
available terrorist watchlists and immigration status databases.

    TITLE II--SECURE TRANSPORTATION THROUGH INCREASED USE OF CANINE 
                            DETECTION TEAMS

SEC. 201. INCREASING THE NUMBER OF CANINE DETECTION TEAMS FOR 
                    TRANSPORTATION SECURITY.

  (a) Minimum Requirement.--The Secretary shall coordinate with owners 
and providers of covered transportation systems to ensure that canine 
detection teams are deployed at each high-risk transportation system to 
provide continuous coverage if the Secretary considers it necessary. 
Each canine detection team--
          (1) shall be trained to detect explosives, and, to the 
        greatest extent possible, chemical and biological weapons; and
          (2) may be deployed to alternate sites to provide additional 
        coverage during times of increased risk or due to specific 
        threat information, as determined by the Secretary.
  (b) Increase.--The Secretary shall coordinate with owners and 
providers of covered transportation systems to increase the number of 
trained canine detection teams deployed at the Nation's high-risk rail 
and mass transit systems by not less than 10 percent each fiscal year 
for fiscal years 2008 through 2012. Each canine detection team shall be 
trained to detect explosives, and, to the greatest extent possible, 
chemical and biological weapons.

SEC. 202. NATIONAL EXPLOSIVES DETECTION CANINE TEAM PROGRAM INCREASE.

  (a) Increase in Teams.--The National Explosives Detection Canine Team 
Program of the Transportation Security Administration may train up to 
an additional 100 canine detection teams per year but shall train at 
least the following numbers of additional teams:
          (1) 50 in fiscal year 2008.
          (2) 55 in fiscal year 2009.
          (3) 60 in fiscal year 2010.
          (4) 66 in fiscal year 2011.
          (5) 73 in fiscal year 2012.
  (b) Deployed Throughout Country.--The canine detection teams 
authorized under this section shall be deployed across the country to 
strengthen the security of covered transportation systems, including 
buses, subway systems, ferries, and passenger rail carriers.
  (c) Report.--Not later than 90 days after the date of the enactment 
of this section, the Administrator of the Transportation Security 
Administration shall submit to the Committee on Homeland Security of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the personnel and 
resource needs to fulfill the requirements of this section.
  (d) Authorization.--There are authorized to be appropriated such sums 
as may be necessary to carry out this section.

SEC. 203. TRANSPORTATION SECURITY ADMINISTRATION BREEDING PROGRAM 
                    INCREASE.

  (a) TSA Puppy Program.--The Transportation Security Administration 
Puppy Program shall work to increase the number of domestically bred 
canines to help meet the increase in demand for canine detection teams 
authorized in section 202 while preserving the current quality of 
canines provided for training.
  (b) Report Required.--Not later than 90 days after the date of the 
enactment of this section, the Administrator of the Transportation 
Security Administration shall submit to the Committee on Homeland 
Security of the House and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the personnel and 
resource needs to fulfill the requirements of this section.
  (c) Authorization.--There are authorized to be appropriated such sums 
as may be necessary to carry out this section.

                          Purpose and Summary

    The purpose of H.R. 1401 is to improve the security of 
railroads, public transportation, and over-the-road buses in 
the United States, and for other purposes.

                  Background and Need for Legislation

    Pursuant to the Aviation and Transportation Security Act of 
2001 (ATSA), the Transportation Security Administration (TSA) 
is responsible for the security of all modes of transportation, 
including rail and mass transit. However, since ATSA was 
enacted, TSA, has focused the majority of its resources and 
assets on aviation security in the past 5 years.
    Congress, recognizing TSA's lack of progress in developing 
a security strategy for all modes of transportation, mandated 
the development of a National Strategy for Transportation 
Security (Strategy) in the Intelligence Reform and Terrorism 
Prevention Act of 2004 (P.L. 108-458). The Strategy was due 
April 1, 2005. TSA did not finalize this document until 
September of 2005, and the document that the Department of 
Homeland Security (Department) provided did not meet the 
requirements that Congress set out, especially with regard to 
rail and mass transit security. Moreover, under the 
Intelligence Reform and Terrorism Prevention Act of 2004, the 
Department was supposed to provide updates to the Strategy by 
April 1, 2006. As in the past, TSA did not meet the 
congressionally-set deadline and the update was months overdue. 
The 9/11 Public Discourse Project, the non-profit organization 
made up of the former members of the National Commission on 
Terrorist Attacks Upon the United States (9/11 Commission), 
recognized the flaws in the National Strategy for 
Transportation Security and gave TSA a ``C-'' for its efforts.
    On December 17, 2003, the President issued Homeland 
Security Presidential Directive 7, ``Critical Infrastructure 
Identification, Prioritization, and Protection'' (HSPD-7). The 
Directive required the Department of Homeland Security to 
develop a National Infrastructure Protection Plan (NIPP) 
covering seventeen critical infrastructures and key resources. 
This plan was supposed to be completed by December 2004, but it 
was not completed until Summer 2006. Similarly, the Department 
was supposed to complete a Transportation Sector Specific Plan 
as part of the NIPP. This plan was also due in December 2004; 
as of today it has not yet been completed.
    On December 5, 2006, the President issued Executive Order 
(EO) 13416 on strengthening surface transportation security, 
recognizing that the security of the Nation's surface 
transportation systems is vital to the economy and security of 
the Nation. In the EO, the President stated that Federal, 
State, and local governments and the private sector share 
responsibility for surface transportation security. The EO 
calls for implementation of a comprehensive, coordinated and 
efficient security program. It also states that the Secretary 
of Homeland Security is the principal Federal official 
responsible for infrastructure protection with regard to 
surface transportation.
    The Intelligence Reform and Terrorism Prevention Act of 
2004, HSPD-7, and EO 13416 all request that the Department 
develop a comprehensive plan for surface transportation 
security. Those requests still have not been answered and it 
suggests strongly that TSA still does not recognize the 
importance of protecting the Nation's rail and mass transit 
systems.
    The Government Accountability Office (GAO) has found that 
the United States is not implementing many of the security 
options in use overseas, such as covert testing, random 
screening of passengers and their packages, and centralized 
research and testing. According to GAO, these methods have not 
been properly vetted by TSA and should be considered. More 
generally, GAO determined that much more leadership and 
guidance needs to be provided by the Federal government to 
construct a comprehensive rail and transit security plan.
    For example, TSA does not require rail carriers to provide 
security training to employees. Instead, TSA has developed 
``Voluntary Action Items'' for rail carriers transporting 
hazardous materials. These Voluntary Action Items include a 
recommendation that rail carriers provide training. TSA has not 
developed any Voluntary Action Items for rail carriers 
transporting non-hazardous materials.
    Similarly, TSA does not require mass transit systems to 
provide training for their employees. In the aftermath of the 
London bombings in 2005, the London Underground system required 
all employees to receive security training. The Federal Transit 
Administration (FTA) and TSA jointly developed a plan for 
establishing and maintaining a security and emergency training 
program for all employees, but little has been done to 
implement such a program and, industry employees are not being 
trained to deal with security matters. Currently, according to 
FTA statistics, less than 25 percent of industry employees have 
been trained through the leading industry training program 
offered by the National Transit Institute in partnership with 
FTA.

                                Hearings

    On February 6, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled, 
``Update on Federal Rail and Public Transportation Security 
Efforts.'' The Subcommittee received testimony from the Hon. 
Kip Hawley, Assistant Secretary, Transportation Security 
Administration, Department of Homeland Security; Mr. Terry 
Rosapep, Deputy Associate Administrator, Program Management, 
Federal Transit Administration, Department of Transportation; 
Mr. Michael Haley, Deputy Chief Counsel, Federal Railroad 
Administration, Department of Transportation; and Ms. Cathleen 
A. Berrick, Director, Homeland Security and Justice Issues, 
Government Accountability Office.
    On February 13, 2007, the Subcommittee on Transportation 
Security and Infrastructure Protection held a hearing entitled, 
``Rail and Mass Transit Security: Industry and Labor 
Perspectives.'' The Subcommittee received testimony from Mr. 
Fred Weiderhold, Inspector General, Amtrak; Ms. Nancy Wilson, 
Vice President for Security, Association of American Railroads; 
Mr. Lewis G. Schiliro, Director of Interagency Preparedness, 
Metropolitan Transportation Authority, State of New York; Mr. 
Gary Maslanka, International Vice President, Director of 
Railroad Division, Transport Workers Union; and Mr. John 
Murphy, Director, Teamster Rail Conference, International 
Brotherhood of Teamsters.
    On March 6, 2007, the Committee on Homeland Security held a 
hearing on a Committee Print entitled, ``Rail and Public 
Transportation Security Act of 2007.'' The Committee received 
testimony from the Hon. Kip Hawley, Administrator, 
Transportation Security Agency, Department of Homeland 
Security; Mr. Terri Rosapep, Deputy Associate Administrator, 
Program Management, Department of Transportation; Mr. Richard 
Fairfax, Director of Enforcement Programs, Occupational Safety 
and Health Administration, Department of Labor; Mr. Richard 
Falkenrath, Deputy Commissioner for Counterterrorism, New York 
City Police Department, City of New York; Mr. William Millar, 
President, American Public Transportation Association; Mr. 
Edward Hamberger, President, American Association of Railroads; 
Mr. Ed Rodzwicz, President, Teamsters Rail Conference; Mr. Fred 
Weiderhold, Inspector General, National Railroad Passenger 
Corporation (Amtrak); and Mr. David Shuman, Private Citizen.

                        Committee Consideration

    H.R. 1401 was introduced by Mr. Thompson, Mr. King, Ms. 
Jackson-Lee, Mr. Lungren, and fifteen original cosponsors on 
March 8, 2007 and referred to the Committee on Homeland 
Security, and in addition to the Committee on Transportation 
and Infrastructure. Within the Committee on Homeland Security, 
H.R. 1401 was retained at the Full Committee.
    On March 13, 2007, the Full Committee met in open markup 
session and ordered H.R. 1401 favorably reported to the House 
of Representatives, as amended, by voice vote.
    Prior to introduction, on March 1, 2007, the Subcommittee 
on Transportation Security and Infrastructure Protection 
considered a Subcommittee Print to improve the security of 
railroads, public transportation, and over-the-road buses in 
the United States, and for other purposes. The Subcommittee 
ordered the Subcommittee Print to be forwarded to the Full 
Committee for consideration, amended, by voice vote.

                            Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto.
    The Committee on Homeland Security met, pursuant to notice, 
in open markup session, a quorum being present, on Tuesday, 
March 13, 2007, in 311 Cannon House Office Building to consider 
H.R. 1401, to improve the security of railroads, public 
transportation, and over-the-road buses in the United States, 
and for other purposes. The Committee took the following 
actions:
    H.R. 1401, to improve the security of railroads, public 
transportation, and over-the-road buses in the United States, 
and for other purposes; was ordered favorably reported to the 
House, amended, by voice vote.
    The Committee adopted the bill, as amended, by a recorded 
vote of 30 yeas and 0 nays (Roll Call Vote No. 5).


    The following amendments were offered:
    An Amendment in the Nature of a Substitute offered by Mr. 
Thompson (#1), as amended, was AGREED TO by voice vote. A 
unanimous consent request by Mr. Thompson to consider the 
Amendment in the Nature of a Substitute as base text for 
purposes of amendment; was not objected to.
    An amendment offered by Mr. Markey (#1A) to the Amendment 
in the Nature of a Substitute offered by Mr. Thompson; in 
section 5(d)--redesignate subparagraphs (J) and (K) as 
subsections (K) and (L) respectively; and (2) after 
subparagraph (I) insert a new subsection ``(J) a strategy for 
implementation enhanced security for shipments of security 
sensitive materials under section __.'' add at the end the 
following: new section entitled, ``Sec. __. Enhanced Security 
Measures for Shipments of Security Sensitive Materials.''; was 
AGREED TO by voice vote.
    An amendment offered by Ms. Brown-Waite (#1B) to the 
Amendment in the Nature of a Substitute offered by Mr. 
Thompson; to strike section 5(I) of the bill. At the 
appropriate place in the bill, insert the following new section 
entitled, ``Sec. __. Protection of Information.''; was NOT 
AGREED TO by a recorded vote of 12 yeas and 16 nays (Roll Call 
Vote No. 1).


    An amendment offered by Mr. Lungren (#1C) to the Amendment 
in the Nature of a Substitute offered by Mr. Thompson; in 
section 14, strike subsection (b), (c), and (d) and insert the 
following new subsections ``(b) Enforcement Action.''; ``(c) 
Remedies''; (d) Use of State Secrets Privilege''; and Strike 
section 14(e).; was NOT AGREED TO by a recorded vote of 12 yeas 
and 16 nays (Roll Call Vote No. 2).


    An amendment offered by Mr. Lungren (#1D) to the Amendment 
in the Nature of a Substitute offered by Mr. Thompson; to 
insert at the appropriate place in the bill, a new section 
entitled, ``Sec. __. No Third Party Right of Action.''; was NOT 
AGREED TO by voice vote.
    An amendment offered by Mr. McCaul (#1E) to the Amendment 
in the Nature of a Substitute offered by Mr. Thompson; at the 
appropriate place in the bill, insert the following new 
section: entitled, ``Sec. __. Technology Standards and 
Clearinghouse to Improve Security of Covered Transportation.''; 
was AGREED TO by voice vote.
    An amendment offered by Mr. Dent (#1F) to the Amendment in 
the Nature of a Substitute offered by Mr. Thompson; at the 
appropriate place in the bill, insert the following: new 
section entitled, ``Sec. __. Automated Targeting System for 
Persons Entering or Departing the United States.''; was NOT 
AGREED TO by a recorded vote of 12 yeas and 17 nays (Roll Call 
Vote No. 3).


    An amendment offered by Mr. Bilirakis (#1G) to the 
Amendment in the Nature of a Substitute offered by Mr. 
Thompson; at the appropriate place in the bill, insert the 
following new section entitled, ``Sec.__. Rail Tank Car 
Security Testing.''; was AGREED TO by voice vote.
    An amendment offered by Mr. McCaul (#1H) to the Amendment 
in the Nature of a Substitute offered by Mr. Thompson; to 
insert the following new section at the appropriate place: 
``Sec. __. Rail Radiological and Nuclear Detection.''; was 
AGREED TO by voice vote.
    An amendment offered by Mr. King (#1I) to the Amendment in 
the Nature of a Substitute offered by Mr. Thompson; at the end 
of the bill add the following new section entitled ``Sec. __. 
Terrorist Watchlist and Immigration Status Review at High-Risk 
Transportation Sites.''; was AGREED TO by voice vote.
    An amendment offered by Mr. Lungren (#1J) to the Amendment 
in the Nature of a Substitute offered by Mr. Thompson; in 
section 23, insert the following (and redesignate the 
subsequent section accordingly): ``(e) No Preemption of State 
Law.''; was WITHDRAWN by unanimous consent. A unanimous consent 
request by Mr. Lungren to modify the amendment so as to amend 
section 22; was not objected to.
    An amendment offered by Mr. Rogers (#1K) to the Amendment 
in the Nature of a Substitute offered by Mr. Thompson; to add 
at the end of the bill the following (and redesignate the 
preceding sections as Title I--Rail and Public Transportation 
Security): a new title entitled ``Title II--Secure 
Transportation Through Increased Use of Canine Detection 
Teams.''; was AGREED TO by voice vote.
    An en bloc amendment offered by Mr. Davis of Virginia (#1L) 
to the Amendment in the Nature of a Substitute offered by Mr. 
Thompson; in section 5, strike section 5(j).; in section 
14(b)(1), strike subparagraph (B).; In section 14(h)(1), strike 
subparagraphs (3) and (5); and in section 14(h)(1), strike 
subparagraph (C).; in section 14(c)(2)(C), strike ``and 
reasonable attorney fees; and'' and insert ``reasonable 
attorney fees, and compensatory damages awarded under this 
section''. In section 14(c)(2), strike subparagraph (D).; in 
section 14(d)(3) after ``relief to be granted'' insert ``Except 
as provided herein, the Court shall only find for the plaintiff 
if the Inspector General's investigation has determined that 
the assertion of the state secret is preventing the plaintiff 
from substantially establishing a prima facie case.''; in 
section 14, strike subsection (e).; was NOT AGREED TO by voice 
vote. A unanimous consent request by Mr. Davis of Virginia to 
consider his amendments en bloc; was not objected to.
    An en bloc amendment offered by Mr. McCaul (#1M) to the 
Amendment in the Nature of a Substitute offered by Mr. 
Thompson; to add at the end the following: new section 
entitled, ``Sec. __. Requirements to Provide Preference to 
Qualified Anti-Terrorism Technologies.''; at the end of the 
subcommittee print add the following: new section entitled, 
``Sec. __. Promoting Liability Protection for Providers of 
Covered Transportation and Related Technologies.; was AGREED TO 
by voice vote. A unanimous consent request by Mr. McCaul to 
consider his amendments en bloc; was not objected to.
    An amendment offered by Mr. Dent (#1N) to the Amendment in 
the Nature of a Substitute offered by Mr. Thompson; at the end 
of the bill add the following: new section entitled, ``Sec. __ 
International Rail Security Program.''; was AGREED TO, as 
amended, by voice vote. A unanimous consent request by Mr. Dent 
to strike subsection (c); was not objected to.
    An amendment offered by Mr. Dent (#1O) to the Amendment in 
the Nature of a Substitute offered by Mr. Thompson; at the 
appropriate place in the bill, insert the following new section 
entitled ``Sec. __. Passenger and Crew Manifests for Vehicles 
Arriving in or Departing From the United States; was NOT AGREED 
TO by a recorded vote of 12 yeas and 17 nays (Roll Call Vote 
No. 4).


    A modified amendment offered by Mr. Lungren (#1P) to the 
Amendment in the Nature of a Substitute offered by Mr. 
Thompson; in section 22, insert the following (and redesignate 
the subsequent section accordingly): ``(e) No Preemption of 
State Law.''; was AGREED TO by voice vote.

                      Committee Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has held oversight 
hearings and made findings that are reflected in this report.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that H.R. 
1401, the Rail and Public Transportation Security Act of 2007, 
would result in no new or increased budget authority, 
entitlement authority, or tax expenditures or revenues.

                  Congressional Budget Office Estimate

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                                                    March 21, 2007.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1401, the Surface 
Transportation and Rail Security Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact are Megan 
Carroll (for federal costs) and Sarah Puro (for federal costs 
and the state and local impact), and Fatimot Ladipo (for the 
private-sector impact).
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 1401--Rail and Public Transportation Security Act of 2007

    Summary: CBO estimates that H.R. 1401 would authorize the 
appropriation of $7.3 billion over the 2008-2012 period for 
security-related programs carried out by the Department of 
Homeland Security (DHS) and the Department of Transportation 
(DOT) involving railroads, public transportation entities, 
buses, and trucks. Those amounts include funds for security 
grants to transportation entities, research activities, 
increased numbers of inspectors for rail security, a program to 
screen certain transportation workers, and for other DHS 
activities related to transportation security. Assuming 
appropriation of the amounts authorized and estimated to be 
necessary, CBO estimates that implementing the bill would cost 
about $500 million in 2008 and about $6 billion over the 2008-
2012 period.
    Enacting H.R. 1401 could increase both direct spending and 
revenues, but CBO estimates that any such increases would be 
negligible.
    H.R. 1401 contains intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA) because it would 
require certain public transportation agencies and public rail 
carriers to conduct vulnerability assessments, to create and 
implement security plans, to train all employees in security, 
to complete background checks of employees, and to submit 
additional information to DHS. Transportation entities covered 
by the provisions in the bill also would be subject to new 
projections for ``whistleblower'' employees, and the bill would 
preempt state laws covering such employees. While CBO cannot 
precisely estimate the aggregate costs of those mandates, based 
on information from industry and government sources, we 
estimate that the costs to state, local, and tribal governments 
would substantially exceed the threshold established in UMRA 
($66 million in 2007, adjusted annually for inflation) in one 
of the first five years after enactment. The bill would 
authorize appropriations of funds to cover most of those costs.
    H.R. 1401 contains several private-sector mandates as 
defined in UMRA because it would require certain rail and bus 
carriers to implement security programs and procedures. Those 
carriers also would be subject to new whistleblower protections 
for their employees. In addition, the bill would require 
certain rail carriers to implement enhanced security measures 
for shipments of materials determined to pose a risk to 
national security. An estimate of the aggregate cost of those 
mandates cannot be determined because it depends on regulations 
to be developed by DHS under the bill. Based on information 
from industry and government sources, however, CBO expects that 
the cost of those mandates would be large and would likely 
exceed the annual threshold established by UMRA for private-
sector mandates ($131 million in 2007, adjusted annually for 
inflation) in at least one of the first five years the mandates 
are in effect. The bill would authorize an appropriation of 
funds for grant assistance to cover some of the costs of 
complying with mandates in the bill.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1401 is shown in the following table. 
The costs of this legislation fall within budget functions 400 
(transportation), 450 (community and regional development), and 
750 (administration of justice).

----------------------------------------------------------------------------------------------------------------
                                                                  By fiscal year, in millions of dollars--
                                                          ------------------------------------------------------
                                                              2008       2009       2010       2011       2012
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Grants for Public Transportation Security:
    Authorization Level..................................        775        825        880        880          0
    Estimated Outlays....................................        116        356        535        677        657
Grants for Rail Security:
    Authorization Level..................................        600        600        600        600          0
    Estimated Outlays....................................        150        420        600        600        450
Grants to Amtrak:
    Authorization Level..................................         35         35         35         35          0
    Estimated Outlays....................................         35         35         35         35          0
Grants for Over-the-Road Bus Security:
    Authorization Level..................................         12         25         25         25          0
    Estimated Outlays....................................          2          9         17         22         20
Research Activities:
    Estimated Authorization Level........................        200        205        209        214          0
    Estimated Outlays....................................        153        189        209        214         50
Rail Security Inspectors:
    Estimated Authorization Level........................         30         45         60         60         60
    Estimated Outlays....................................         10         30         45         60         60
Threat Assessment Screening:
    Estimated Authorization Level........................         25         25         15         10          1
    Estimated Outlays....................................         15         20         20         15          5
Other DHS Activities:
    Estimated Authorization Level........................         24         24         30         33         39
    Estimated Outlays....................................         15         26         29         34         39
Total Proposed Changes:
    Estimated Authorization Level........................      1,701      1,784      1,854      1,857        100
    Estimated Outlays....................................        497      1,086      1,489      1,657      1,281
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing H.R. 
1401 would cost $6 billion over the 2008-2012 period, assuming 
appropriation of amounts authorized and estimated to be 
necessary. Enacting H.R. 1401 also could increase both direct 
spending and revenues, but we estimate that any such increases 
would be negligible.

Spending subject to appropriation

    H.R. 1401 would specifically authorize the appropriation of 
nearly $6.2 billion over the 2008-2011 period, primarily for 
grants to support programs aimed at improving the security of 
rail and surface transportation through programs administered 
by DHS and DOT. In addition, CBO estimates that funding other 
activities authorized by the bill would require appropriations 
totaling $1.1 billion over the next five years. That amount 
would be used to conduct research related to transportation 
security, hire additional rail security inspectors, establish a 
program to screen certain transportation workers, and carry out 
other activities related to transportation security. In total, 
CBO estimates that implementing H.R. 1401 would cost $500 
million in 2008 and $6 billion over the 2008-2012 period, 
assuming appropriation of amounts authorized and estimated to 
be necessary.
    Grants. The bill would authorize the appropriation of about 
$6 billion in grants over the 2008-2011 period for security 
programs for public transit agencies, rail entities, certain 
buses, and Amtrak. In general, those amounts include funds for 
upgrading certain capital assets, security training, and new 
equipment for communications and for the detection of certain 
weapons. Grants to Amtrak would be to improve the security of 
certain tunnels in the Amtrak rail system. Specifically, the 
bill would authorize the appropriation of:
           Nearly $3.4 billion for public 
        transportation security grants over the 2008-2011 
        period;
           $2.4 billion for grants to improve rail 
        security over the next four years;
           $140 million for grants to Amtrak to improve 
        the security of certain train tunnels in New York, 
        Maryland, and Washington, D.C.; and
           $87 million for grants for over-the-road bus 
        security. (Over-the-road buses are characterized by an 
        elevated passenger deck above a baggage compartment.)
    Assuming appropriation of those specified amounts, CBO 
estimates that implementing those grant programs would cost 
$303 million in 2008 and $4.8 billion over the next five years, 
with spending of roughly $1.2 billion occurring after 2012.
    Research Activities. CBO estimates that implementing the 
research programs authorized in the bill would cost $153 
million in 2008 and $815 million over the 2008-2012 period. 
Those amounts include $134 million in 2008 and $625 million 
over the 2008-2012 period to extend the authorization for the 
National Domestic Preparedness Consortium (NDPC). The NDPC 
identifies, develops, and tests security training methods and 
received appropriations totaling $145 million in 2007.
    Further, the research cost totals include $18 million in 
2008 and $185 million over the 2008-2012 period for DHS to 
establish a program to research and develop methods to enhance 
the security of rail and public transportation systems. The 
bill also would require DHS to establish a Center for 
Excellence for Transportation Security at an institution of 
higher education. CBO estimates that this provision would cost 
$5 million over the 2008-2012 period.
    Rail Security Inspectors. H.R. 1401 would require DHS to 
increase the number of Surface Transportation Security 
Inspectors (STSIs) it employs from 100 to 600 inspectors by 
2010. (STSIs perform inspections of certain facilities 
including stations and terminals for suspicious or unattended 
items, among other potential security threats.) Under the bill, 
the new inspectors would be responsible for assessing security 
plans submitted by certain transportation entities as required 
by the bill. Based on information from DHS, CBO estimates that 
hiring an additional 500 inspectors would cost $10 million in 
2008 and $205 million over the 2008-2012 period.
    Threat Assessment Screening. H.R. 1401 would require DHS to 
establish a program to screen individuals employed by railroad 
or over-the-road bus carriers or entities that provide public 
transportation. Under the bill, DHS would review the 
immigration status of such individuals and check their names 
against terrorist watch lists.
    Based on information from DHS about the cost of 
establishing similar screening programs, CBO estimates that the 
program would initially cost $75 million over the next five 
years, assuming appropriation of the necessary amounts. That 
amount includes the agency's costs to establish the necessary 
infrastructure to collect and analyze information about workers 
to be screened. Once the system is in place, DHS would incur 
additional costs to screen transportation workers and 
adjudicate disputes. Under current law, DHS is authorized to 
charge fees to individuals to recover the costs of such 
activities. (Such fees are credited as discretionary offsetting 
collections.) For this estimate, CBO assumes that DHS would 
charge fees sufficient to cover spending for such costs, which 
would be subject to appropriation.
    Other DHS Activities. Based on information from DHS, CBO 
estimates that implementing other programs authorized by the 
bill would require appropriations totaling $150 million over 
the next five years. That amount includes:
           $60 million to train and deploy additional 
        canine detection teams, particularly to detect 
        explosives at high-threat transportation systems;
           $50 million for security training programs 
        for railroad and public transportation employees;
           $5 million for security training and 
        exercises to test and evaluate the ability of 
        transportation entities covered by the bill to prevent 
        and respond to acts of terrorism;
           $25 million to develop and implement a plan 
        to improve information sharing among appropriate 
        stakeholders about security threats and vulnerabilities 
        of transportation systems; and
           $7 million for various studies and reports.
    Those estimates are based on information from DHS regarding 
costs of existing or similar programs. Based on historical 
spending patterns, CBO estimates that fully funding those 
activities would cost $15 million in 2008 and $143 million over 
the next five years, assuming appropriation of the necessary 
amounts.

Direct spending and revenues

    H.R. 1401 would establish civil penalties for failing to 
comply with certain regulations established by DHS and criminal 
penalties for employers that violate whistle-blower protections 
established in the bill. Thus, the federal government might 
collect additional fines if the bill is enacted. Collections of 
civil fines are recorded as revenues and deposited in the 
Treasury; collections of criminal fines are deposited in the 
Crime Victims Fund and later spent. CBO expects that any 
additional receipts and direct spending from enacting those 
provisions would be negligible.
    Estimated impact on state, local, and tribal governments: 
H.R. 1401 contains intergovernmental mandates as defined in 
UMRA because it would require certain public transportation 
agencies and public rail carriers to conduct vulnerability 
assessments, to create and implement security plans, to train 
all employees in security, to complete background checks of 
employees, and to submit additional information to DHS. 
Transportation entities covered by the provisions in the bill 
also would be subject to new projections for whistleblower 
employees, and the bill would preempt state laws covering such 
employees. While CBO cannot determine a precise estimate of the 
aggregate costs of those mandates, based on information from 
industry and government sources, we estimate that the costs to 
state, local, and tribal governments would substantially exceed 
the threshold established in UMRA ($66 million in 2007, 
adjusted annually for inflation) in one of the first five years 
after enactment. The bill would authorize appropriations of 
funds to cover most of those costs.

Requirements on public transit and rail carriers

    The requirements in the bill would affect more than 300 
public transit and rail entities. Under current law, about one-
third of affected agencies have already conducted vulnerability 
assessments and implemented security plans. Those entities 
likely would not be required to repeat that part of the 
process. However, they would be required to train all employees 
in security and complete background checks of certain 
employees.
    Further, more than 200 transit and rail systems would be 
required to complete vulnerability assessments, to create and 
implement security plans, train all employees in security, and 
complete background checks of employees. Although the costs to 
individual systems would vary, based on information from 
industry and government sources, CBO estimates that the 
aggregate costs to transit and rail systems would exceed the 
threshold established in UMRA in at least one of the first five 
years after enactment. The bill would authorize the 
appropriation of $3.4 billion over the 2008-2012 period to 
cover those costs.

Whistleblower protections

    Section 112 would prohibit public transit and rail entities 
from discharging or discriminating against any employee who 
reports a perceived threat to security.
    Under current law, employees are protected if they report 
any safety issues. Granting of additional whistleblower 
protections would impose an intergovernmental mandate, as 
defined in UMRA, on public transit and rail entities. Because 
compliance with those broader whistleblower protections likely 
would involve only a small adjustment in administrative 
procedures, however, CBO estimates that the provision would 
impose only minimal additional costs on those entities.
    Estimated impact on the private sector: H.R. 1401 contains 
several private-sector mandates as defined in UMRA because it 
would require certain rail and bus carriers to implement 
security programs and procedures. Those carriers also would be 
subject to new whistleblower protections for their employees. 
In addition, the bill would require certain rail carriers to 
implement enhanced security measures for shipments of materials 
determined to pose a risk to national security. An estimate of 
the aggregate cost of those mandates cannot be determined 
because it depends on regulations to be developed by DHS under 
the bill. Based on information from industry and government 
sources, however, CBO expects that the cost of those mandates 
would be large and would likely exceed the annual threshold 
established by UMRA for private-sector mandates ($131 million 
in 2007, adjusted annually for inflation) in at least one of 
the first five years the mandates are in effect. The bill would 
authorize an appropriation of funds for grant assistance to 
cover some of the costs of complying with mandates in the bill.

Requirements on rail and bus carriers

    The bill contains several mandates on providers of covered 
transportation which, under the bill, include private rail 
carriers and over-the-road bus carriers, including passenger 
motor coaches. The bill would impose mandates by requiring 
those transportation providers to:
           Conduct vulnerability assessments and 
        implement security plans;
           Provide security training for their 
        employees;
           Implement an appeal process related to 
        background checks for their employees and conduct 
        additional checks for employees of high-risk providers; 
        and
           Provide whistleblower protections for their 
        employees.
    The bill would authorize an appropriation of $612 million 
for fiscal year 2008 and $625 million for each of fiscal years 
2009 through 2011 to the Secretary of Homeland Security for 
grants to assist rail carriers and over-the-road buses with 
security programs.
    Vulnerability Assessments and Security Plans. The bill 
would require the Secretary of Homeland Security to assign 
providers of covered transportation to one of three tiers based 
on risk. Providers of covered transportation would have to 
provide information necessary to determine their tier to the 
Secretary upon request. Section 103 would direct the Secretary, 
within one year of enactment, to issue regulations that require 
high- or medium-risk rail carriers and over-the-road bus 
providers to conduct vulnerability assessments and to prepare 
and implement security plans based on guidelines to be 
established by the Secretary. Additionally, this section would 
require those rail carriers and over-the-road bus providers to 
implement any necessary interim security measures to deter a 
transportation security incident. The Secretary also would 
establish a security program for lower-risk rail and bus 
carriers.
    According to industry sources, some of the providers of 
covered transportation are currently engaged in activities 
similar to the assessment and planning that would be required 
under the bill. The direct cost of the mandates would depend on 
the regulations to be issued under the bill. The incremental 
costs for the industry to comply with the requirements of the 
bill could be substantial, depending on the guidelines 
established by DHS.
    Security Training Program. Section 109 would impose a 
mandate by requiring providers of covered transportation to 
develop security training programs and submit them to the 
Secretary for approval. Once approved, providers would be 
required to complete training of all workers covered under the 
program within one year. Based on data from industry sources, 
roughly 300,000 rail and over-the-road bus employees may have 
to take the security training required by the bill. The direct 
cost of the mandate could be large relative to UMRA's threshold 
for private-sector mandates depending on the guidance provided 
by the Secretary for such training.
    Appeal Process for Background Checks and Additional 
Background Checks for High-Risk Employers. Section 120 would 
require providers of covered transportation who conduct 
background checks on their employees to provide a procedure for 
persons adversely impacted by a background check to appeal the 
adverse information. Because compliance with this requirement 
would involve an adjustment in existing administrative 
procedures, CBO estimates that the incremental costs of this 
provision would be small.
    Section 132 contains a mandate on rail carriers and over-
the-road bus providers assigned to the high-risk tier by 
requiring them to conduct checks of their employees against 
available terrorist watch lists and immigration status 
databases. Without information about the number of carriers and 
employees in the high-risk tier or information about how such 
checks would be implemented, CBO cannot determine the cost of 
complying with this mandate.
    Whistleblower Protections. Section 112 would prohibit 
providers of covered transportation from discharging or 
discriminating against any employee who reports a perceived 
threat to security. Under current law, employees are protected 
if they report on issues related to safety. Requiring providers 
of covered transportation to provide additional whistleblower 
protections would impose a private-sector mandate on those 
employers. Because compliance with the broader whistleblower 
protections likely would involve only a small adjustment in 
administrative procedures, however, CBO estimates that this 
provision would impose only minimal additional costs on rail 
and over-the-road bus carriers.

Enhanced security measures for shipments of security sensitive 
        materials

    The bill would require DHS to issue regulations to require 
enhanced security measures for shipments of materials 
determined by the Secretary to pose a significant risk to 
national security. Section 124 would require rail carriers to 
compile commodity data by route and storage pattern, and to 
submit a written analysis annually of the security risks for 
each route and storage pattern. By the end of each year rail 
carriers would have to identify alternative routes and storage 
patterns that will avoid areas of concern identified by DHS for 
each of the transportation routes or facilities it used to ship 
or store materials determined to pose a significant risk 
through those areas of concern. Without information about the 
regulations to implement the program, CBO has no basis to 
determine the cost of complying with this mandate.
    Previous CBO estimate: On February 22, 2007, CBO 
transmitted a cost estimate for S. 763, the Public 
Transportation Terrorism Prevention Act of 2007, as ordered 
reported by the Senate Committee on Banking, Housing, and Urban 
Affairs on February 8, 2007, and on February 28, 2007, CBO 
transmitted a cost estimate for S. 184, the Surface 
Transportation and Rail Security Act of 2007, as ordered 
reported by the Senate Committee Commerce, Science, and 
Transportation on February 15, 2007. Those two bills contain 
provisions similar to those in H.R. 1401, although S. 763 would 
authorize the appropriation of $3.5 billion for security-
related programs, and S. 184 would authorize the appropriation 
of $1.1 billion for such programs. The differences among those 
bills are reflected in CBO's cost estimates.
    S. 184 contains several private-sector mandates as defined 
in UMRA because it would require rail and motor carriers to 
comply with reporting requirements and certain security 
procedures. The bill would impose two mandates that are similar 
to mandates imposed in H.R. 1401. S. 184 contains a mandate on 
rail carriers by requiring them to provide security training 
for their front-line workers. That bill also would require rail 
carriers to provide whistleblower protections to their 
employees. The aggregate cost of all the mandates in S. 184 
would depend on future regulations, and CBO could not determine 
if those costs would exceed UMRA's annual threshold for 
private-sector mandates.
    Estimate prepared by: Federal costs: Megan Carroll, Sarah 
Puro, Dan Hoople, and Mark Grabowicz. Impact on state, local, 
and tribal governments: Sarah Puro. Impact on the private 
sector: Fatimot Ladipo.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the Committee's performance goals and 
objectives are reflected in the descriptive portions of this 
report.
    In addition, the Committee has included within H.R. 1401 
provisions for assignment of all covered providers of 
transportation to one of several risk-based tiers, followed by 
notice to the providers of the assignment within 60 days; 
issuance of regulations within one year of enactment requiring 
high- and medium-risk covered transportation providers to 
complete vulnerability assessments and implement security plans 
and establish standards and protocols for such assessments and 
plans; submission of a report to the appropriate Congressional 
Committees, within 180 days of enactment, regarding the 
feasibility of name-based checks against terror watch lists for 
all Amtrak passengers; development of a plan to improve 
tactical and strategic information sharing with respect to 
threats and vulnerabilities to covered transportation for 
dissemination to Federal, State, and local agencies, tribal 
governments, and appropriate stakeholders within 90 days of 
enactment; development of security training programs for 
railroad and public transportation employees (including front-
line employees) within 90 days of enactment; development of 
security exercise programs for railroad and public 
transportation employees (including front-line employees) 
increasing the current number of Surface Transportation 
Security Inspectors to 600 by 2010; implementation of a threat 
assessment screening program for all employees of covered 
transportation providers within 180 days of enactment, 
including a name-based check for all employees against 
terrorist watch lists and immigration status lists; submission 
of a report (including a classified report, as appropriate) 
containing a comprehensive threat assessment of the Nation's 
school bus transportation system within one year of enactment; 
issuance of regulations requiring enhanced security measures 
for shipments of security sensitive materials within 90 days of 
enactment; submission of a report within 30 days of completing 
a rail tank car security assessment to the appropriate 
congressional committees; testing and evaluation of prototype 
systems to detect nuclear or radiological materials in rail 
security venues within one year of enactment and submission of 
a report to Congress by September 30, 2008; submission of a 
report on the personnel and resource needs to fulfill the 
requirements of increasing the number of canine teams as 
prescribed in section 202 within 90 days of enactment; and 
submission of a report on the personnel and resource needs to 
fulfill the requirements of increasing the number of 
domestically bred canines to help meet the increase in demand 
for canine detection teams as prescribed in section 203 within 
90 days of enactment.

   Congressional Earmarks, Limited Tax Benefits, and Limited Tariff 
                                Benefits

    In compliance with clause 9(a) of rule XXI of the Rules of 
the House of Representatives, no congressional earmarks, 
limited tax benefits, or limited tariff benefits are included 
in H.R. 1401.

                       Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      Advisory Committee Statement

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 1, which grants Congress the power 
to provide for the common Defense of the United States.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             Section-by-Section Analysis of the Legislation


Section 1. Short title and table of contents

    This section establishes the short title of H.R. 1401 as 
the ``Rail and Public Transportation Security Act of 2007'' and 
lists a table of contents for the bill.

Section 2. Definitions

    This section defines several terms, including ``appropriate 
stakeholders'' which are providers of covered transportation, 
organizations representing providers of covered transportation, 
labor organizations, shippers of hazardous material, 
manufacturers of rail and transit cars, State departments of 
transportation, public safety officials, police and fire 
officials, and other relevant persons.
    The term ``covered transportation'' is defined as 
transportation provided by a railroad carrier, public 
transportation, or an over-the-road bus.
    The term ``over-the-road bus'' is defined as a bus 
characterized by an elevated passenger deck over a baggage 
compartment.
    The definitions of the terms ``designated recipient,'' 
``public transportation,'' ``railroad,'' and ``railroad 
carrier'' all reference Title 49 of the U.S. Code. 
``Terrorism'' is defined as having the same meaning as it does 
under section 2 of the Homeland Security Act of 2002 (P.L. 107-
296). The word ``State'' includes the District of Columbia, 
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and 
other territories and possessions of the United States.

Section 101. National Strategy for Rail and Public Transportation 
        Security

    This section requires the Secretary of Homeland Security 
(Secretary), in consultation with the Secretary of 
Transportation, to develop a comprehensive modal plan (the 
National Strategy for Rail and Public Transportation Security) 
for covered transportation.
    The plan must describe roles and responsibilities of all 
relevant parties; identify and address gaps and unnecessary 
overlap in those roles and responsibilities; describe methods 
for working with all relevant parties and for utilizing 
expertise possessed by the Department of Homeland Security 
(DHS), the Department of Transportation (DOT), and other 
agencies; provide for expediting security clearance processes 
to facilitate intelligence and information sharing; describe 
past DHS and DOT reviews of terrorists attacks, including 
lessons and incorporation of those lessons learned into current 
and future security efforts; include a strategy and timeline 
for DHS, DOT, and other entities to research and develop new 
technology relevant to securing covered transportation; set 
measurable goals and schedules for realizing those goals; 
include a framework for resuming operations following an act of 
terrorism; describe current and future outreach and public 
education initiatives; and develop a process for coordinating 
security strategies and plans between agencies.

Section 102. Assignment of providers of covered transportation to risk-
        based tiers

    This section requires the Secretary of Homeland Security 
(Secretary) to assign each provider of covered transportation 
to one of no fewer than three tiers based on risk. Within 60 
days of assignment, the Secretary shall notify the provider of 
its assignment and the reasons for such assignment. At least 
two tiers established under this section shall be designated 
for high- and medium-risk providers.

Section 103. Rail and public transportation assessments and plans

    This section requires the Secretary of Homeland Security 
(Secretary), in consultation with the Secretary of 
Transportation, to issue regulations within one year of 
enactment that require high- and medium-risk providers to 
complete vulnerability assessments and implement security 
plans; establish standards and protocols for such assessments 
and plans; and establish a security program for providers of 
covered transportation not assigned to a high- or medium-risk 
tier (and therefore not required to submit a vulnerability 
assessment or security plan to the Secretary for approval).
    Within six months of issuance of the regulations, high- and 
medium-risk providers must complete and submit their 
vulnerability assessments and security plans to the Secretary 
for review and approval. Within twelve months of issuance of 
the regulations, the Secretary, in consultation with the 
Secretary of Transportation, must review and approve the 
vulnerability assessments and security plans, and periodically 
review security plans upon resubmission by providers 
(resubmission and review are mandatory after three years, and 
every five years thereafter). During the review period, 
providers must implement interim security measures.
    Vulnerability assessments and security plans conducted 
pursuant to this section may be built upon prior assessments 
and plans. The Secretary may endorse existing vulnerability 
assessments and security plans if the Secretary determines that 
these assessments and plans meet the requirements of this 
section. The Secretary may also allow coordinated assessments 
and plans where two or more providers have shared facilities 
(such as tunnels, bridges, or stations).
    The vulnerability assessments for high- or medium-risk 
providers must identify and evaluate critical assets and 
infrastructure; identify threats to such assets and 
infrastructure; identify security weaknesses (including 
physical, passenger, cargo, electronic, communications, 
utilities, and others); identify redundant or back-up systems 
to ensure continued operation in the event of attack or other 
disruption; and incorporate threat information provided by the 
Department of Homeland Security and other sources.
    Security plans for high- and medium-risk providers must 
identify a security coordinator with certain powers and duties; 
plan for periodic drills and exercises that include local law 
enforcement and emergency responders; list needed capital and 
operational improvements; describe evacuation and passenger 
communication plans; identify steps to be taken to coordinate 
response measures with State and local law enforcement and 
emergency responders; outline a strategy and timeline for 
conducting training of provider employees; describe enhanced 
security measures to be taken in periods of heightened security 
risk; outline plans for redundant and backup systems to ensure 
the continued operation of critical elements of the system in 
the event of an attack or other disruption; include plans for 
locating railroad cars transporting hazardous materials or 
nuclear waste; and include other actions or procedures deemed 
appropriate by the Department of Homeland Security
    Moreover, this section requires the Secretary, in 
consultation with the Secretary of Transportation, to ensure 
that all security plans are consistent with the National 
Strategy for Rail and Public Transportation Security. The 
Department of Homeland Security, by regulation, will also 
establish security performance requirements for all security 
plans; these requirements must be flexible, but shall become 
stricter for providers placed in higher risk tiers.
    This section also provides for administrative, civil, and 
criminal penalties for failure to comply with this section or 
regulations issued pursuant to this section. The Secretary may 
impose an administrative penalty of not more than $100,000 for 
failure to comply with this section, although there is 
opportunity for redress via a notice requirement and 
opportunity for a hearing. Civil penalties include injunctive 
relief and a fine of not more than $75,000 for each day on 
which a violation occurs or failure to comply continues. 
Intentional violation of this section may incur criminal 
penalties of not more than $50,000 for each day of violation 
and/or imprisonment for not more than two years.
    This section requires the Secretary to submit a report to 
the appropriate Congressional Committees, within 180 days of 
enactment, regarding the feasibility of name-based checks 
against terror watch lists for all Amtrak passengers. In the 
view of the Committee, the purpose of the report on the 
feasibility of name-based checks for Amtrak passengers is to 
determine if such checks can authenticate a passenger's 
identity and help ensure they are not a threat to other 
passengers or the rail infrastructure. The study will be used 
to determine the efficacy of using terrorist watch lists or 
other databases available to establish a passenger's identity 
and threat risk, while simultaneously safeguarding the privacy 
rights of passengers. Any system used must have the capability 
to provide answers on a passenger's threat risk in near-real 
time.
    Nothing in this section shall be construed to require the 
disclosure of a vulnerability assessment or security plan to 
the extent such information is protected by a disclosure 
exemption under 5 U.S.C. Sec. 552 (commonly known as the 
Freedom of Information Act). Additionally, nothing in this 
section shall be construed to affect obligations of providers 
to disclose information to employees, labor organizations, or 
other government agencies; nor shall it be construed to 
authorize the withholding of information from Congress, or to 
affect any authority or obligation of a Federal agency to 
disclose independently furnished information.
    This section does not apply to any ferry for which a 
vulnerability assessment and security plan is required by 46 
U.S.C. Sec. 701.

Section 104. Information sharing plan

    This section requires the Secretary of Homeland Security 
(Secretary) to develop a plan to improve tactical and strategic 
information sharing with respect to threats and vulnerabilities 
to covered transportation for dissemination to Federal, State, 
and local agencies, tribal governments, and appropriate 
stakeholders within 90 days of enactment. The plan must 
describe how Transportation Security Administration (TSA) 
intelligence analysts coordinate with intelligence analysts at 
other agencies and it must include deadlines for any 
organizational changes within the Department and resource needs 
for executing the plan. Additionally, the Secretary is required 
to disseminate information at the unclassified level to the 
greatest extent possible. If information must be disseminated 
at the classified level, the Secretary is required to assist 
the appropriate stakeholders in attaining the proper security 
clearances. This section also requires the Secretary to conduct 
an annual survey measuring the level of satisfaction among 
recipients of disseminated information, and requires the 
Secretary to submit annual reports on the number, 
classification, recipient, and subject of all intelligence 
products issued under the plan.

Section 105. Rail security assistance

    This section establishes a grant program for improving rail 
security, and specifies permissible uses for grant funding, 
including perimeter protection systems, tunnel protection 
systems, evacuation improvements, inspection technology, 
communications equipment, chemical/biological/radiological or 
explosive detection, canine patrols, surveillance equipment, 
cargo or passenger screening equipment, redundant operations 
control systems, security improvements for newly started rail 
construction projects, and training exercises, among others.
    However, this section also orders the Secretary of Homeland 
Security (Secretary) to prioritize the permissible uses for 
grant recipients, and to issue guidelines to encourage grant 
recipients to use small, minority-owned, women-owned, and 
disadvantaged businesses as contractors to the extent 
practicable. This section allows the Secretary to issue multi-
year grants for not longer than a 5-year period and permits the 
Secretary to issue a letter of intent to grantees committing 
appropriations under the program and outlining a reimbursement 
schedule for grantee project(s).
    Entities eligible for grants under this section include 
State, local, and Tribal governments or agencies, as well as 
infrastructure owners like railroad carriers and private or 
public-private entities. Projects eligible for grants must use 
grant funds to further a rail security plan developed, 
submitted to, and approved by the Secretary under section 103.
    This section provides for an 80 percent (Federal share) to 
20 percent (grantee share) funding breakdown, except that the 
Federal share for projects with a net cost of $25,000 or less 
is 100 percent. There is a similar (up to) 100 percent funding 
exception for urgent threats to national security at the 
discretion of the Secretary. This section also requires 
grantees to submit annual reports to the Departments of 
Homeland Security and Transportation describing the use of 
grant funds, and authorizes $600 million to be appropriated for 
the grant program for Fiscal Years 2008 through 2011.

Section 106. Public transportation security assistance

    This section establishes a grant program for improving the 
security of public transportation systems and specifies certain 
uses for the funding, including perimeter protection systems, 
tunnel protection systems, evacuation improvements, inspection 
technology, communications equipment, chemical/biological/
radiological or explosive detection, canine patrols, 
surveillance equipment, cargo or passenger screening equipment, 
redundant operations control systems, public awareness 
campaigns, security improvements for newly started public 
transportation construction projects, and training exercises, 
among others. However, this section also orders the Secretary 
of Homeland Security (Secretary) to prioritize the permissible 
uses for grant recipients, and to issue guidelines to encourage 
grant recipients to use small, minority-owned, women-owned, and 
disadvantaged businesses as contractors to the extent 
practicable.
    Entities eligible for grants under this section include 
public transportation agencies and State, local, and Tribal 
entities that provide security or counterterrorism-related 
services to public transportation. Projects eligible for grants 
must use grant funds to further a public transportation 
security plan developed, submitted to, and approved by the 
Secretary under section 103. This section authorizes 
appropriations for the grant program for Fiscal Years 2008 
through 2011 in the following amounts: $775 million (2008), 
$825 million (2009), $880 million (2010), and $880 million 
(2011).

Section 107. Over-the-road bus security assistance

    This section establishes a grant program for improving the 
security of over-the-road bus systems, and specifies certain 
uses for grant funding, including constructing and modifying 
terminals, buses, and garages to enhance security; protecting 
drivers; acquiring, upgrading, installing, or operating 
equipment, software, or other accessorial services for 
collection and exchange of passenger and driver information; 
video surveillance in buses and at terminals; emergency 
communications; passenger screening programs; public awareness 
campaigns; security training; and chemical/biological/
radiological or explosive detection, among other things. 
However, this section also orders the Secretary to prioritize 
the permissible uses for grant recipients, and to issue 
guidelines to encourage grant recipients to use small, 
minority-owned, women-owned, and disadvantaged businesses as 
contractors to the extent practicable.
    Entities eligible for grants under this section include 
over-the-road bus providers and State, local, and Tribal 
entities that provide security or counterterrorism-related 
services to over-the-road bus providers. Projects eligible for 
grants must use grant funds to further an over-the-road bus 
security plan developed, submitted to, and approved by the 
Secretary of Homeland Security (Secretary) under section 103. 
This section authorizes appropriations for Fiscal Years 2008 
through 2011 in the following amounts: $12 million (2008) and 
$25 million (each year from 2009 through 2011).

Section 108. Fire and life safety improvements

    This section authorizes funds to be appropriated for the 
Secretary of Transportation to make grants to Amtrak for 
execution of projects to make fire and life safety improvements 
to Amtrak tunnels along the Northeast Corridor for Fiscal Years 
2008 through 2011. The tunnels receiving grant funds include 
six tunnels in New York City (total of $25 million per year); 
the Baltimore & Potomac Tunnel and the Union Tunnel in 
Baltimore, Maryland (total of $5 million per year); and the 
Union Station tunnels in Washington, D.C. (total of $5 million 
per year). This section also directs the Secretary to issue 
guidelines to encourage grant recipients to use small, 
minority-owned, women-owned, and disadvantaged businesses as 
contractors to the extent practicable.

Section 109. Security training program

    This section requires the Secretary of Homeland Security 
(Secretary), in consultation the Secretary of Transportation, 
to develop security training programs for railroad and public 
transportation employees (including front-line employees) 
within 90 days of enactment. In conjunction with creation of 
these training programs, the Secretary must also issue detailed 
guidance for such training, to be developed in consultation 
with law enforcement, fire service, and terrorismexperts, as 
well as labor and industry representatives, and to be reviewed and 
updated periodically to reflect new or changing security threats. The 
guidance must address certain specified elements, including determining 
the seriousness of a threat, crew and passenger communication and 
coordination, evacuation procedures (including procedures for 
individuals with disabilities), training exercises, recognition and 
reporting of suspicious circumstances, and operation and maintenance of 
security equipment and systems, among other things.
    Within 60 days of issuance of this guidance, providers of 
covered transportation must develop security training programs 
and submit them to the Secretary for approval. The Secretary 
must then approve the plans within 60 days of submission, or 
return the plans for resubmission with appropriate revisions. 
This section requires providers to complete training of all 
workers covered under the program within one year of the 
Secretary's approval.
    This section does not apply to any ferry system governed by 
45 U.S.C. Sec. 70103.
    The Committee defines ``frontline employees'' to include 
vehicle operators, maintenance and maintenance support 
personnel, customer service employees, security personnel, 
transit police, dispatchers, locomotive engineers, conductors, 
trainmen, bridge tendors, onboard employees and other 
appropriate employees of railroad carriers, public 
transportation providers, or over-the-road bus operators.

Section 110. Security exercises

    This section creates an exercise program to test and 
evaluate the ability of certain entities to prevent, prepare 
for, mitigate against, respond to, and recover from acts of 
terrorism (these entities include Federal, State, local, and 
Tribal governments; employees and managers of providers; 
governmental and nongovernmental emergency responders; and law 
enforcement personnel, including rail and transit police, among 
others).
    This section also requires the Secretary of Homeland 
Security (Secretary), in consultation with the Secretary of 
Transportation, to ensure that the program consolidates all 
existing security exercises for covered transportation that are 
administered by the Departments of Homeland Security and 
Transportation, and that the exercises conducted are tailored 
to the needs of particular facilities, including accommodations 
for individuals with disabilities; live (for the most at-risk 
facilities); coordinated with appropriate officials of the 
provider(s); consistent with current national emergency 
response and protection initiatives (including National 
Incident Management System (NIMS), the National Response Plan 
(NRP), the National Infrastructure Protection Plan (NIPP), the 
National Preparedness Goal (NPG)); and as realistic as 
possible.
    This section provides minimum guidelines for evaluating and 
assessing such exercises, including remedial action in response 
to lessons learned, conducted through the remedial action 
management program of the Federal Emergency Management Agency 
(FEMA). The Department is required to assist State and local 
governments and providers in designing, implementing, and 
evaluating exercises that conform to this section. The program 
must also include exercises involving covered transportation at 
or near the international land borders of the United States, 
and in coordination with international stakeholders.
    This section does not apply to any ferry system governed by 
45 U.S.C. Sec. 70103.

Section 111. Security research and development

    This section establishes a research and development program 
for rail and public transportation security. The Secretary of 
Homeland Security (Secretary) is required to ensure that 
Departmental activities are coordinated with those undertaken 
by the National Academy of Sciences, the Department of 
Transportation, and Federal and private laboratories, including 
those with the capability to conduct both practical and 
theoretical research and technical system analysis on subjects 
that include bridge, tunnel, blast, and infrastructure 
protection, such as the blast testing facility at the U.S. Army 
Corps of Engineers Engineer Research and Development Center 
(ERDC). Research must be consistent with the National Strategy 
for Rail and Public Transportation outlined in section 103.
    This section outlines eligible projects for the program, 
including endeavors to reduce vulnerability of passenger 
trains, stations, and equipment to explosives and hazardous 
chemical, biological, or radioactive substances; testing of new 
emergency response and recovery techniques; improving freight 
railroad technology, including sealing, modifying, or 
inspecting tank cars, switches, and communication-based 
controls; and mitigating damages in the event of a cyberattack, 
among other things.
    The Secretary shall consult with the Department's Chief 
Privacy Officer and the Officer for Civil Rights and Civil 
Liberties in implementing this section. This section requires 
the Chief Privacy Officer to conduct privacy impact assessments 
and directs the Officer for Civil Rights and Civil Liberties to 
conduct reviews, as appropriate, for research and development 
initiatives developed under this section.
    Finally, this section authorizes appropriations for Fiscal 
Years 2008 through 2011, at $50 million per year.

Section 112. Whistleblower protections

    This section provides whistleblower protections for 
employees of the Department of Homeland Security and Department 
of Transportation, contractors or subcontractors of those two 
agencies, and employees of providers of covered transportation. 
Specifically, no individual covered by this provision 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 on the part of the whistleblower.
    This section provides whistleblowers with administrative 
and civil remedies for enforcing this section, the latter of 
which expressly omits an amount-in-controversy requirement and 
grants the right of trial by jury at the request of either 
party. Procedure in remedial actions is governed by 49 U.S.C. 
Sec. 42121(b). The statute of limitations for actions brought 
under this section is one year after the violation occurs.
    This section grants covered individuals prevailing in any 
action under this section the right to all relief necessary to 
make them whole, including damages, reinstatement with prior 
seniority status, special damages, and attorneys fees, among 
other things. Punitive damages may not exceed the greater of 
treble damages or $5 million.
    This section also addresses how a whistleblower will 
contend with or litigate a claim if the Government raises the 
state secrets privilege as a defense. According to this 
section, the parties will work expeditiously and genuinely to 
settle these claims, but when they cannot do so, the parties 
will proceed using the Classified Information and Procedures 
Act (18 U.S.C. App.; P.L. 96-456; 4 Stat. 2025). If the 
government raises the state secrets privilege but does so 
either without merit or with intent to delay or hinder the 
proceedings, then the court shall enter an appropriate verdict 
against the government and consider all possible remedies.
    This section provides for criminal penalties in the event 
that any person employing a whistleblower willfully violates 
this section by terminating or retaliating against a claimant 
under this section. A violator can incur a fine under Title 18 
of the U.S. Code, be imprisoned for not more than one year, or 
both.
    Nothing in this section preempts or diminishes any similar 
safeguards under Federal or State law, nor does it diminish the 
rights, privileges, or remedies of any covered individual under 
Federal or State law or under any collective bargaining 
agreement. The rights and remedies in this section may not be 
waived by any agreement, policy, form, or condition of 
employment.

Section 113. Increase in surface transportation security inspectors

    This section increases the current number of Surface 
Transportation Security Inspectors (STSIs) to 600 by 2010 and 
outlines certain qualifications for individuals hired as STSIs. 
This section also requires the Secretary, in consultation with 
the Secretary of Transportation, to develop a standard 
operating procedure clearly defining the relationship between 
the Department's STSIs and its safety and security inspectors; 
State, local, and Tribal law enforcement officials; and other 
law enforcement personnel, including railroad and transit 
police. Finally, this section authorizes for appropriation such 
sums as may be necessary to carry out its provisions.

Section 114. National domestic preparedness consortium

    This section establishes the National Domestic Preparedness 
Consortium within the Department of Homeland Security to 
identify, develop, test, and deliver training to State and 
local emergency responders; provide onsite and mobile training 
at the performance, management, and planning levels; and 
facilitate the delivery of awareness level training. This 
section names the following institutions as original members of 
the Consortium: the Center for Domestic Preparedness in 
Anniston, Alabama; the Energetic Materials Research and Testing 
Center at the New Mexico Institute of Mining and Technology; 
the National Center for Biomedical Research and Training and 
the Academy of Counter-Terrorist Education at Louisiana State 
University; the National Center for Exercise Excellence at the 
Nevada Test Site; and the National Emergency Response and 
Rescue Training Center located in the Texas Engineering 
Extension Service.
    This section also authorizes the inclusion of the 
Transportation Technology Center in Pueblo, Colorado as a 
member of the Consortium.
    This section ensures that Fiscal Year 2007 funding levels 
for the original members of the Consortium are not reduced as a 
result of adding the Transportation Technology Center to the 
Consortium. In addition, this section authorizes funding levels 
for all members of the Consortium for Fiscal Years 2008 through 
2011 to ensure yearly increases of not less than three percent 
of the amount for the preceding fiscal year.

Section 115. Authorization of visible intermodal protection response 
        teams

    This section authorizes the Transportation Security 
Administration (TSA) to develop Visible Intermodal Protection 
Response (VIPR) teams, designed to augment security for any 
mode of transportation at any location within the United 
States. The Secretary of Homeland Security has the discretion 
to determine, consistent with ongoing security threats, when a 
VIPR team should be deployed and for what duration (in 
coordination with local law enforcement) and may use any asset 
of the Department, including Federal Air Marshals, Surface 
Transportation Security Inspectors, canine detection teams, and 
advanced screening technology.

Section 116. National transportation security center of excellence

    The section creates a National Transportation Security 
Center of Excellence at an institution of higher education to 
conduct research and to develop and provide professional 
security training. This section lists several criteria for 
designating the host institution for the Center and specifies 
certain qualifications for universities or institutions 
selected for the Consortium. Finally, this section instructs 
the Consortium to work with the National Transit Institute on 
training programs if the Institute is included in the 
Consortium.
    The Committee notes that entities such as the National 
Transit Institute and the Mineta Transportation Institute have 
already established programs for transportation security. The 
Committee recommends that the Department of Homeland Security 
work with these entities to build upon existing work.

Section 117. TSA personnel limitations

    This section provides that any statutory limitation on the 
number of Transportation Security Administration employees 
shall not apply to employees carrying out this measure.

Section 118. Homeland security grants

    This section provides that all grants distributed for 
security-related purposes shall be administered on the basis of 
risk by the Secretary of Homeland Security as the lead Federal 
official on transportation security.

Section 119. Threat assessment screening

    This section requires the Secretary of Homeland Security to 
implement a threat assessmentscreening program for all 
employees of covered transportation providers within 180 days of 
enactment, including a name-based check for all employees against 
terrorist watch lists and immigration status lists, similar to the 
threat assessment conducted by the U.S. Coast Guard with regard to 
maritime facility employees and longshoremen (see 71 Fed. Reg. 25066 
(Friday, April 28, 2006)).
    The Committee intends this section to close a gap 
identified during hearings on background checks for 
transportation workers. While a number of rail, public 
transportation and over-the-road bus providers conduct criminal 
history background checks on their employees, they have no 
means by which to screen the individuals against the terrorist 
watch lists maintained by the Federal Government.

Section 120. Background checks for covered individuals

    This section creates a redress process for employees of 
covered transportation providers who experience adverse 
employment decisions as a result of a background check 
performed pursuant to any rules, regulations, directives, or 
other guidance issued by the Department of Homeland Security, 
to be modeled after the process established for hazmat drivers 
and transportation workers at ports under 49 CFR Sec. 1515. 
This section also requires the redress process to include a 
waiver process to allow the employee to demonstrate that he is 
not a security risk; an appeals process, during which the 
employee will have an opportunity to demonstrate that he does 
not have a disqualifying conviction; a proceeding that provides 
an independent review of waiver and appeal decisions, as well 
as determinations regarding certain previous background checks; 
and a process to ensure compliance with the requirements of 
this section.
    This section also directs any rule, regulation, directive, 
or other guidance issued by the Secretary to prohibit an 
employer from making adverse employment decisions based on a 
felony conviction that occurred seven or more years ago; a 
conviction for any offense for which the individual was 
released from incarceration five or more years ago; or any 
felony not listed in 49 CFR Sec. 1572.103. However, this 
section also specifies an exception to that prohibition in 
instances where the individual has been convicted of treason, 
espionage, sedition, any crime listed in chapter 113B of Title 
18 of the U.S. Code, or conspiracy to commit any of those four 
kinds of offenses.
    Nothing in this section shall be construed to affect the 
review process established under 46 U.S.C. Sec. 70105(c), 
including regulations issued pursuant thereto. Similarly, 
nothing in this section shall be construed to preempt a 
Federal, State, or local law that requires criminal history 
background checks of covered employees.
    The Committee is concerned with the current list of 
disqualifying crimes used by the Department for all 
transportation workers and expects that the recommendations of 
the task force authorized under section 121 will ultimately be 
reflected in the Department's regulations and guidance for 
disqualifying crimes as well as the other transportation modes. 
Moreover, the Committee intends that nothing in this section 
shall be construed as prohibiting an employer, including State 
and local government entities, from making employment 
decisions, including adverse decisions, otherwise permissible 
under any applicable Federal, State or local law.

Section 121. Task force on disqualifying crimes

    This section establishes a task force to review the lists 
of crimes that disqualify individuals from certain 
transportation-related employment under the current 
Transportation Security Administration (TSA) regulations 
(including individuals applying for a Transportation Worker 
Identification Credential (TWIC) or Hazardous Materials 
Endorsement, and any individual for whom a background check is 
conducted pursuant to section 120) and to assess whether those 
lists are accurate indicators of terrorism security risk. The 
task force shall be comprised of representatives of appropriate 
industries, non-profit labor organizations, civil rights and 
civil liberties organizations, academia and Federal agencies.
    This section also requires the task force to submit a 
report to the Secretary of Homeland Security and to the 
Congress within 180 days of enactment, outlining the results of 
its review and assessment, including recommendations for a 
common list of disqualifying crimes and the rationale for 
including each crime on the list.
    The Committee believes that the current list of 
disqualifying crimes used for the programs mentioned above may 
be too broad and may not all be indications of a terrorism 
security risk. The Committee expects that the rationales for 
including particular crimes on the list as stated in the final 
report will include an explanation of how each crime indicates 
an individual's terrorism security risk.

Section 122. Penalties

    This section amends 49 U.S.C. Sec. 114 to authorize general 
civil penalties and enforcement of regulations and orders of 
the Secretary, including a fine of not more than $10,000 for 
each day a violation of such a regulation continues. Under this 
section, the Secretary of Homeland Security must give written 
notice of the finding of a violation and the penalty, and the 
penalized person has the opportunity to request a hearing on 
the matter. This section also provides that, in a civil action 
to collect such a penalty, the issues of liability and the 
amount of the penalty may not be reexamined; it places 
exclusive jurisdiction for these actions in the federal 
district courts in certain instances; and it establishes 
ceilings for the penalty amounts the Secretary may impose.
    Paragraphs (1) through (4) of this section do not apply to 
specified persons who are subject to penalties as determined by 
the Secretary of Defense. Moreover, the word ``person'' in this 
section does not apply to the United States Postal Service or 
the Department of Defense. 49 U.S.C. Sec. 46301(a)(4) is 
amended by striking language regarding the authority of the 
Department of Transportation's Under Secretary of 
Transportation for Security. Lastly, this section defines 
certain terms of art as they are used within its provisions.

Section 123. School bus transportation security

    This section requires the Secretary of Homeland Security to 
submit a report (including a classified report, as appropriate) 
containing a comprehensive threat assessment of the Nation's 
school bus transportation system within one year of enactment 
to the Committee on Homeland Security and Governmental Affairs 
of the Senate, and to the Committee on Homeland Security of the 
House of Representatives. In conducting the threat assessment, 
the Secretary is required to consult with administrators and 
officials of school systems, representatives of the school bus 
industry, public safety and law enforcement officials, and 
labor unions representing school bus drivers. The threat 
assessment must include an assessment of both publicly and 
privately operated systems; security threats to the assets and 
systems; an assessment of actions already taken by operators to 
address identified security vulnerabilities; an assessment of 
additional actions and investments necessary to improve the 
security of school children traveling on school buses; an 
assessment of whether additional legislation or Federal 
programs are needed to provide for the security of such 
children; and an assessment of the psychological and economic 
impacts of an attack on school buses.

Section 124. Enhanced security measures for shipments of security 
        sensitive materials

    This section requires the Secretary of Homeland Security, 
in consultation with the Secretary of Transportation, to issue 
regulations requiring enhanced security measures for shipments 
of security sensitive materials within 90 days of enactment. 
This section defines terms of art used within its provisions, 
including ``security sensitive material'' and ``area of 
concern,'' among others. Moreover, this section requires rail 
carriers, within 90 days of the end of each calendar year, to 
compile commodity data by route and storage pattern, in the 
manner specified. This section requires rail carriers to submit 
a written analysis of the security risks for each route and 
storage pattern, along with assessments and analysis of 
alternative routes and storage patterns for security sensitive 
materials, for each calendar year. This section also requires a 
comprehensive review of the yearly assessments and analysis at 
least every five years.
    The Committee's intent is to ensure that measures to reduce 
the risk and consequences of a terrorist attack on a shipment 
of security sensitive material that is transported through or 
near an area of concern are not applied solely during times of 
elevated threat levels or at times when specific or credible 
threats to routes, storage facilities or areas of concern 
exist. Rather, the measures required are intended to be applied 
to the day-to-day operations of the rail carrier. The Committee 
further recognizes that during elevated threat levels or at 
times when specific or credible threats to routes, storage 
facilities or areas of concern exist the analysis of which 
route or storage facility is ``most secure'' may change and the 
routes or storage facilities to be used should be changed as 
appropriate.
    When analyzing practical alternate routes and storage 
patterns, the rail carrier may take into account a number of 
factors, including the economic costs of such alternate routes 
and storage patterns and the economic consequences of a 
terrorist attack on the primary route and storage pattern, when 
determining if such an alternate route or storage pattern is 
practical. A rail carrier may determine that an alternate route 
or storage pattern is not practical if the alternate routes or 
storage facilities are abandoned or require extensive 
refurbishment, but other economic costs should not be the 
primary reason for rejecting an alternate route or storage 
pattern.

Section 125. Technology standards and clearinghouse to improve security 
        of covered transportation

    This section requires the Department of Homeland Security 
(acting through the Under Secretary for Science and Technology 
and the Director of the Domestic Nuclear Detection Office 
(DNDO), and in consultation with the Director of the National 
Institute of Standards and Technology and other appropriate 
Federal agencies) to establish a standards program to support 
development, promulgation, and updating of national voluntary 
consensus standards for performance, testing, use, and training 
with respect to technologies that will improve the security of 
covered transportation toward the goal of meeting the security 
plan and performance requirements under section 103. This 
section outlines requirements for equipment and training 
standards, including specific categories, certification and 
accreditation, and consistency with all-hazards emergency 
preparedness.
    In establishing the consensus standards, this section 
requires the Secretary to consult with relevant public and 
private sector groups, and appropriate Federal, State, and 
local government agencies. This section also requires the 
Secretary to utilize the Technology Clearinghouse established 
under section 313 of the Homeland Security Act of 2002 (P.L. 
107-296) to aid in this endeavor in specified areas (such as 
identifying available technologies and communicating with 
relevant parties).

Section 126. Rail tank car security testing

    This section requires the Secretary of Homeland Security to 
assess likely methods of a deliberate attack on a rail tank car 
transporting toxic-inhalation-hazard materials and the 
potential fallout (human, industrial, and economic) from such 
an attack, and requires the Secretary to consider the most 
current threat information in doing so, along with other 
specified considerations. This section also requires the 
Secretary to conduct certain physical tests as part of the 
assessment and to submit a report within 30 days of completing 
the assessment to the appropriate Congressional Committees.
    This section also requires an air dispersion modeling 
analysis of a rail tank car carrying toxic-inhalation-hazard 
materials for at least three high-threat urban areas in the 
United States and specifies factors to be considered in that 
analysis, as well as parties to be consulted in conducting it. 
This section requires the Secretary to share the information 
developed through the analysis and submit a report to the 
appropriate Congressional Committees within 30 days of 
completion of all the modeling exercises.

Section 127. Rail radiological and nuclear detection

    This section requires the Domestic Nuclear Detection Office 
(DNDO) to begin testing and evaluating prototype systems to 
detect nuclear or radiological materials in rail security 
venues, including spectroscopic technologies, within one year 
of enactment, and to establish appropriate training, 
operations, and response protocols commensurate with the 
systems developed. This section also requires DNDO to submit a 
report to the Congress by September 30, 2008, and begin 
implementing (in conjunction with Customs and Border Protection 
and the Transportation Security Administration) the strategy 
developed following verification of systems performance.

Section 128. Requirement to provide preference to qualified anti-
        terrorism technologies

    This section requires recipients of grants to give 
preference, to the extent practicable, to products, equipment, 
services, devices, and technologies that the Secretary has 
designated as qualified anti-terrorism technologies under the 
SAFETY Act (6 U.S.C. 441, et seq.) if the grant recipient 
determines that such elements meet or exceed the requirements 
of the relevant security plan.

Section 129. Promoting liability protections for providers of covered 
        transportation and related technologies

    This section requires the Secretary of Homeland Security to 
work with providers of covered transportation to identify for 
procurement products, equipment, services, devices, and 
technologies that the Secretary has designated as qualified 
anti-terrorism technologies under the SAFETY Act (6 U.S.C. 441 
et seq.), or that may otherwise be eligible for liability 
protections.

Section 130. International Rail Security Program

    This section requires the Secretary of Homeland Security to 
deploy, where practicable, non-intrusive inspection imaging 
equipment at locations where rail shipments cross an 
international border to enter the United States, or to 
implement alternative procedures to check such rail shipments 
at locations where the deployment of non-intrusive equipment is 
not practicable. It also requires the Secretary to seek 
additional data elements for improved high-risk targeting 
related to the movement of cargo through the international 
supply chain involving use of a railroad prior to entering the 
United States and to analyze such data to identify high-risk 
cargo for inspection.

Section 131. Terrorist watch list and immigration status review at 
        high-risk transportation sites

    This section requires providers, including contractors and 
subcontractors, assigned to a high-risk tier under section 102 
to conduct a check of their employees against available 
terrorist watch lists and immigration status databases.

Section 201. Increasing the number of canine detection teams for 
        transportation security

    This section sets a minimum requirement for the Secretary 
of Homeland Security to coordinate with owners and providers of 
covered transportation systems to ensure that canine detection 
teams are deployed at high-risk transportation systems to 
provide continuous coverage if deemed necessary by the 
Secretary.
    This section also requires that each canine team be trained 
to detect explosives and, to the greatest extent possible, 
chemical and biological weapons. The Secretary, as necessary, 
may also deploy these canine teams to alternative sites to 
provide additional coverage during times of increased risk or 
because of specific threat information. This section also 
requires the Secretary to coordinate with owners and providers 
of covered transportation systems to increase the number of 
trained canine teams deployed at high-risk rail and mass 
transit systems by an amount no less than 10 percent for Fiscal 
Years 2008 through 2012. The canine teams used to meet this 
increase must be trained to detect explosives and, to the 
greatest extent possible, chemical and biological weapons.
    The Committee notes that this section does not address the 
pressing national need for voluntary consensus standards for 
canine detection team training and certification purposes. 
While Federal canine training programs have their own 
certification standards for canine detection teams, no such 
similar and trustworthy process exists for State, local, and 
privately trained canine teams that are deployed across the 
country by State and local public safety agencies. The 
Committee observes that the Scientific Working Group on Dog and 
Orthogonal Detector Guidelines (SWGDOG), a Federally-funded 
forum to improve the performance and reliability of canine 
detection teams, is developing a variety of voluntary consensus 
standards for canine training. The Committee is addressing the 
need for a voluntary national certification process in separate 
legislation.

Section 202. National Explosives Detection Canine Team Program increase

    This section allows the Transportation Security 
Administration (TSA) to train up to 100 additional canine teams 
per year for the National Explosives Detection Canine Team 
Program and at least the following number of additional teams 
for Fiscal Years 2008 through 2012: 50 for 2008, 55 for 2009, 
60 for 2010, 66 for 2011, and 73 for 2012. It also authorizes 
these canine detection teams to be deployed across the country 
to strengthen the security of covered transportation systems, 
including buses, subway systems, ferries, and passenger rail 
carriers.
    TSA is required to submit a report on the personnel and 
resource needs to fulfill the requirements of this section no 
later than 90 days after enactment, to the Committee on 
Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the 
Senate.

Section 203. Transportation Security Administration Breeding Program 
        increase

    This section directs the Transportation Security 
Administration's (TSA) ``Puppy Program'' to increase the number 
of domestically bred canines to help meet the increase in 
demand for canine detection teams authorized in section 201, 
while at the same time preserving the current quality of 
canines provided training. This section also requires TSA to 
submit a report on the personnel and resource needs to fulfill 
the requirements of this section no later than 90 days after 
enactment, to the Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate. Lastly, this section 
authorizes for an appropriation of such sums as may be 
necessary to carry out its provisions.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

TITLE 49, UNITED STATES CODE

           *       *       *       *       *       *       *



SUBTITLE I--DEPARTMENT OF TRANSPORTATION

           *       *       *       *       *       *       *


CHAPTER 1--ORGANIZATION

           *       *       *       *       *       *       *



Sec. 114. Transportation Security Administration

  (a) * * *

           *       *       *       *       *       *       *

  (u) General Civil Penalties and Enforcement of Regulations 
and Orders of the Secretary of Homeland Security.--
          (1) Application.--This subsection applies to the 
        enforcement of regulations prescribed, and orders 
        issued, by the Secretary of Homeland Security under a 
        provision of chapter 701 of title 46 and this title 
        (other than chapter 449) (in this subsection referred 
        to as an ``applicable provision of this title''). 
        Penalties for violation of regulations prescribed, and 
        orders issued, by the Secretary of Homeland Security 
        under a provision of chapter 449 are provided under 
        chapter 463.
          (2) General civil penalties.--
                  (A) Maximum civil penalties.--A person is 
                liable to the United States Government for a 
                civil penalty of not more than $10,000 for a 
                violation of a regulation prescribed, or order 
                issued, by the Secretary of Homeland Security 
                under an applicable provision of this title.
                  (B) Separate violations.--A separate 
                violation occurs under this paragraph for each 
                day the violation continues.
          (3) Administrative imposition of civil penalties.--
                  (A) In general.--The Secretary of Homeland 
                Security may impose a civil penalty for a 
                violation of a regulation prescribed, or order 
                issued, under an applicable provision of this 
                title. The Secretary of Homeland Security shall 
                give written notice of the finding of a 
                violation and the penalty.
                  (B) Civil actions to collect penalties.--In a 
                civil action to collect a civil penalty imposed 
                by the Secretary under this paragraph, the 
                issues of liability and the amount of the 
                penalty may not be reexamined.
                  (C) Exclusive jurisdiction of district 
                courts.--Notwithstanding subparagraph (A) of 
                this paragraph, the district courts of the 
                United States have exclusive jurisdiction of a 
                civil action involving a penalty that the 
                Secretary initiates if--
                          (i) the amount in controversy is more 
                        than--
                                  (I) $400,000 if the violation 
                                was committed by a person other 
                                than an individual or small 
                                business concern; or
                                  (II) $50,000 if the violation 
                                was committed by an individual 
                                or small business concern;
                          (ii) the action is in rem or another 
                        action in rem based on the same 
                        violation has been brought; or
                          (iii) another action has been brought 
                        for an injunction based on the same 
                        violation.
                  (D) Maximum civil penalties imposed by the 
                secretary.--The maximum civil penalty the 
                Secretary may impose under this paragraph is--
                          (i) $400,000 if the violation was 
                        committed by a person other than an 
                        individual or small business concern; 
                        or
                          (ii) $50,000 if the violation was 
                        committed by an individual or small 
                        business concern.
                  (E) Notice and opportunity to request 
                hearing.--Before imposing a penalty under this 
                section the Secretary shall provide to the 
                person against whom the penalty is to be 
                imposed--
                          (i) written notice of the proposed 
                        penalty; and
                          (ii) the opportunity to request, not 
                        later than 30 days after the date on 
                        which the person receives the notice, a 
                        hearing on the proposed penalty.
          (4) Compromise and setoff.--
                  (A) Compromise.--The Secretary may compromise 
                the amount of a civil penalty imposed under 
                this subsection.
                  (B) Setoff.--The Government may deduct the 
                amount of a civil penalty imposed or 
                compromised under this subsection from amounts 
                it owes the person liable for the penalty.
          (5) Investigations and proceedings.--The provisions 
        set forth in chapter 461 shall be applicable to 
        investigations and proceedings brought under this 
        subsection to the same extent that they are applicable 
        to investigations and proceedings brought with respect 
        to aviation security duties designated to be carried 
        out by the Secretary.
          (6) Nonapplication.--
                  (A) Persons subject to penalties determined 
                by the secretary of defense.--Paragraphs (1) 
                through (4) of this subsection do not apply to 
                the following persons, who shall be subject to 
                penalties as determined by the Secretary of 
                Defense or the Secretary's designee:
                          (i) The transportation of personnel 
                        or shipments of materials by 
                        contractors where the Department of 
                        Defense has assumed control and 
                        responsibility.
                          (ii) A member of the Armed Forces of 
                        the United States when performing 
                        official duties.
                          (iii) A civilian employee of the 
                        Department of Defense when performing 
                        official duties.
                  (B) Postal service; department of defense.--
                In this subsection, the term ``person'' does 
                not include--
                          (i) the United States Postal Service; 
                        or
                          (ii) the Department of Defense.
          (7) Small business concern defined.--The term ``small 
        business concern'' has the meaning given that term in 
        section 3 of the Small Business Act (15 U.S.C. 632).

           *       *       *       *       *       *       *


SUBTITLE VII--AVIATION PROGRAMS

           *       *       *       *       *       *       *


PART A--AIR COMMERCE AND SAFETY

           *       *       *       *       *       *       *


SUBPART IV--ENFORCEMENT AND PENALTIES

           *       *       *       *       *       *       *


CHAPTER 463--PENALTIES

           *       *       *       *       *       *       *


Sec. 46301. Civil penalties

  (a) General Penalty.--(1) * * *

           *       *       *       *       *       *       *

  (4) Aviation security violations-Notwithstanding paragraph 
(1) of this subsection, the maximum civil penalty for violating 
chapter 449 [or another requirement under this title 
administered by the Under Secretary of Transportation for 
Security] shall be $10,000; except that the maximum civil 
penalty shall be $25,000 in the case of a person operating an 
aircraft for the transportation of passengers or property for 
compensation (except an individual serving as an airman).

           *       *       *       *       *       *       *


                            ADDITIONAL VIEWS

                              INTRODUCTION

    Securing our Nation's rail and public transportation 
systems has long been a priority for the Committee on Homeland 
Security (Committee). During the 109th Congress, the Committee 
worked on a bipartisan basis to develop comprehensive rail and 
mass transit security legislation that was ultimately included 
in the reported bill, H.R. 5814, the Department of Homeland 
Security Authorization Act for Fiscal Year 2007. Unfortunately, 
the session of Congress ended before the bill could be enacted. 
We are pleased to see the Committee return to this important 
issue at the start of the 110th Congress with the development 
of a bipartisan bill, H.R. 1401, the ``Rail and Public 
Transportation Security Act of 2007.'' This legislation builds 
upon the work of the Committee from last Congress and will 
ensure that rail, mass transit and over-the-road bus security 
is a priority of the Department of Homeland Security (the 
Department). H.R. 1401 lays a foundation for effective surface 
transportation security by ensuring that covered transportation 
entities conduct vulnerability assessments and implement 
security plans, requiring security training for front-line 
employees, and establishing security grant programs to provide 
a source of funding for efforts to strengthen and harden these 
systems. The bill appropriately requires the Department to 
administer all of these programs on the basis of risk, so that 
limited homeland security resources are directed to the most 
serious threats to people, critical infrastructure, and the 
economy.
    We recognize that while the Federal government has given 
much-needed attention to aviation security since the terrorist 
attacks of September 11, 2001, rail and mass transit security 
has received far less attention. We also recognize, however, 
that much has been done by State and local governments, which 
have primary responsibility for the security of public 
transportation assets. As Congress considers legislation in 
this area, we must be mindful of the appropriate role of the 
Federal government. We believe the Federal government should 
provide support and leverage the knowledge and expertise of 
State and local agencies that have a far better understanding 
of their own transportation systems and communities.
    It is important to note that while attention has been 
focused on aviation security, much has already been done, and 
continues to be done, to secure surface transportation systems. 
Since 2003, the Department has distributed more than $660 
million in homeland security grants targeted specifically to 
transit and over-the-road bus systems, as well as billions in 
state and urban-area homeland security grants that may be used 
for transit security. Additionally, the Transportation Security 
Administration (TSA) has deployed 100 Surface Transportation 
Security Inspectors to increase the security of transportation 
systems. The Office of Infrastructure Protection, in 
coordination with TSA, has conducted dozens of site assistance 
visits and developed more than 130 Buffer Zone Protection 
Plans. The Department has also established information sharing 
mechanisms through Sector-Coordinating Councils and has 
provided or distributed guidance for training State and local 
law enforcement and front-line employees. H.R. 1401 is intended 
to build upon on these existing Federal programs and 
investments, while setting priorities for surface 
transportation security.
    It is also important to recognize in this context that the 
nature of the aviation system is vastly different from public 
transportation, and we should not attempt to force a ``one-size 
fits all'' approach to transportation security. The nation's 
rail and mass transit systems are far more varied and, in many 
cases, present far different security risks than their aviation 
counterparts. When addressing surface transportation, we must 
balance the need for security and the need to provide a fast 
and convenient means of travel for millions of people every 
single day.
    The need for action on surface transportation security is 
clear. In August 2004, two individuals were arrested by the New 
York City Police Department shortly before the Republican 
National Convention in New York City for plotting to detonate 
backpack bombs in the Herald Square subway station--a mere 
block from the site of the Convention. This incident, and 
numerous other events around the world, including the Madrid 
commuter rail bombings in March 2004, and the London subway 
bombings in July 2005, provides ample evidence of the need to 
secure our surface transportation systems against the threat of 
terrorism.
    During consideration of H.R. 1401, we were pleased that a 
number of Republican amendments were adopted at Subcommittee 
and Full Committee Markups that strengthened the bill. Most 
notably, the Committee agreed to an amendment during the 
Subcommittee markup requiring the Department to administer 
existing and newly authorized transportation security grants on 
the basis of risk. The amendment was intended to resolve any 
debate in Congress as to whether the Department of Homeland 
Security should be the agency administering the Federal 
government's surface transportation security programs. The 
language included in the bill should be read as a strong 
statement of the Committee's support for continued management 
of risk-based surface transportation security grant programs by 
the Secretary of Homeland Security. This approach is supported 
by numerous outside experts. The Committee received testimony 
during a hearing on H.R. 1401 from the Transportation Security 
Administration, the Department of Transportation and the New 
York City Police Department, all of which strongly affirmed the 
need for grants to be distributed based on risk by the 
Secretary of Homeland Security. Risk-based distribution is the 
only appropriate way to apportion grants given the limited 
resources of Federal aid. By targeting our grants at those 
areas which need it most and are most likely to be the target 
of an attack, we can ensure that the money is spent 
effectively. Furthermore, there is a need for the Department, 
which already administers dozens of homeland security grant 
programs, including grants for urban areas, ports and trucking 
security, to be able to oversee and coordinate the totality of 
homeland security grants. Stripping the Department of its 
existing authority to dispense transit security and over-the-
road bus grants would undermine the reason the Department was 
created in the first place--to provide a central agency focused 
on threats to all sectors of our homeland. The report of the 
National Commission on Terrorist Attacks upon the United States 
(the 9/11 Commission) repeatedly criticized divided authority 
over homeland security matters, with no single point of 
oversight or coordination. The Republican Members of the 
Committee will continue to support keeping the grants created 
in this legislation risk-based and completely within the 
authority of the Secretary of Homeland Security.
    In addition to the grant administration amendment, the 
Committee adopted an amendment offered by Committee Ranking 
Member Peter T. King requiring high risk providers of covered 
transportation screen their employees against terrorist 
watchlists and immigration status databases to ensure their 
employees are lawfully present in the United States. This 
amendment is intended to provide the Secretary with the 
authority to require high risk providers of covered 
transportation to enroll in the Basic Pilot Employment 
Verification Program, authorized by Section 403 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note). Other improvements to the bill include an 
amendment offered by Representative Dan Lungren authorizing the 
TSA's Visible Intermodal Protection Response Teams; an 
amendment offered by Representative Mike Rogers to increase the 
deployment of canine detection teams to surface transportation 
systems; amendments offered by Representative Michael McCaul 
requiring increased scrutiny of freight rail cargo crossing the 
border and expanding the use of ``Qualified Anti-Terrorism 
Technologies'' under the SAFETY Act; an amendment offered by 
Representative Ginny Brown-Waite to ensure that employees of 
covered transportation modes are screened against terrorist 
watch lists; an amendment offered by Representative Gus 
Bilirakis requiring the Department to analyze the security of 
rail tank cars with respect to potential terrorist attack; and 
an amendment offered by Representative Charlie Dent requiring 
enhanced international rail security programs.
    While we are pleased with the adoption of these Republican 
amendments and the resulting bipartisan bill, we are 
disappointed by the missed opportunity to make a good bill even 
better. A number of Republican amendments were rejected by the 
Majority during the markup that would have strengthened the 
existing bill. In particular, the lack of adequate information 
protection provisions in the bill is troubling, given the wide 
array of sensitive information that will be developed and 
provided to the Secretary under the Act. Additionally, 
Republican amendments offered by Representatives Lungren and 
Tom Davis of Virginia, which sought to reconcile existing 
whistleblower statutes with the new whistleblower provisions in 
the bill, were not included. Equally troubling is the missed 
opportunity to implement a key recommendation of the 9/11 
Commission by authorizing the Automated Targeting System for 
passengers entering the United States. An amendment offered by 
Representative Dent would have fulfilled this recommendation. 
Another amendment offered by Representative Dent would have 
strengthened this targeting system by requiring a covered 
transportation carrier to forward advance passenger information 
to United States Customs and Border Protection prior to the 
passengers' arrival in the United States. Further discussion of 
these important security amendments not agreed to by the 
Majority is included below.

                   PROTECTION OF SECURITY INFORMATION

    We regret that the amendment offered by Representative 
Brown-Waite to mandate the protection of information was not 
included in the legislation. This amendment would have provided 
clear protections for sensitive information provided to the 
Department pursuant to H.R. 1401. Under Ms. Brown-Waite's 
amendment, protected information would be exempt from the 
Freedom of Information Act (FOIA, 5 U.S.C. 552) and State and 
local disclosure laws. The amendment would have directed the 
Secretary to issue regulations to prohibit the unauthorized 
disclosure of protected information while ensuring the 
appropriate sharing of such information with Federal, State, 
and local law enforcement officials, first responders and 
covered transportation personnel.
    The protection of sensitive information related to our 
Nation's critical infrastructure should be of the highest 
priority in the post-9/11 world, and we are troubledby the 
Majority's refusal to agree to strong protections for such information. 
While the United States is viewed as one of the most open societies in 
the world, we know firsthand how our openness can be used against us. 
Sensitive information--especially documents which detail the 
vulnerabilities of our public transportation systems--could serve as a 
roadmap for terrorists seeking to attack these systems.
    The information protection provision in Section 5 of H.R. 
1401 only covers vulnerability assessments and security plans, 
excluding associated documents prepared under the bill's 
requirements, and does nothing more than restate the exemptions 
already provided under existing law. This is simply 
insufficient. H.R. 1401 provides for a number of significant 
programs including the development of vulnerability 
assessments, security plans and training programs. Under H.R. 
1401, if the information does not meet a FOIA exemption, it may 
be disclosed. In addition, H.R. 1401 does not address State and 
local laws in any way, leaving an additional loophole whereby 
sensitive information may be released to the public. Sensitive 
information produced pursuant to H.R. 1401 that is protected 
under Federal law should not at the same time be released to 
the public under State law. More stringent protections that 
clearly and unequivocally protect sensitive information are 
needed in this legislation. The Committee's attempt to secure 
the rail and public transportation sectors should not be undone 
by allowing sensitive information related to these programs to 
fall into the hands of those who intend to do Americans harm.
    Express statutory exemptions from FOIA already exist in 
other homeland security-related legislation including the 
Maritime Transportation Security Act of 2002 (P.L. 107-295), 
the Aviation Transportation Security Act (P.L. 107-71), and the 
Homeland Security Act of 2002 (P.L. 107-296). Further, Ms. 
Brown-Waite's amendment is substantively similar to language 
adopted on a bipartisan basis in H.R. 5695, the Chemical 
Facility Anti-Terrorism Act of 2006, which was reported by the 
Committee in the 109th Congress. It is disappointing the 
Majority would not agree to similar protections for the rail 
and public transportation sectors when they are already 
commonplace in the aviation and maritime sectors. As reported, 
the information protections in H.R. 1401 are illusory and 
inadequate.

            PROTECTIONS FOR WHISTLEBLOWERS FROM RETALIATION

    We regret that amendments offered by Representative Lungren 
and Representative Davis of Virginia to Section 14 were not 
agreed to. These amendments would have provided for greater 
protection of classified and sensitive materials, while at the 
same time protecting the rights of employees who have been 
retaliated against for making whistleblower claims.
    The whistleblower protections provided for in Section 14 
will only serve to weaken the protection of classified 
information and encourage frivolous lawsuits. Republican 
Members are disappointed that this section contains criminal 
penalties for managers as well as punitive damages. We are 
concerned that the criminal penalties provision will unfairly 
subject managers, including Federal, State, and local civil 
servants, to potential criminal prosecution for performing 
routine personnel actions. Additionally, we are gravely 
concerned that the state secrets provision--which mandates a 
verdict in favor of the plaintiff in any case where the state 
secrets privilege is asserted in court--will force the 
government to choose between disclosing sensitive information 
and reinstating an employee who was legitimately fired due to 
security risks. We also believe that imposing criminal and 
punitive damage liability for whistleblower retaliation claims 
will undermine the major goal of whistleblower protection 
statutes--to encourage timely investigation and settlement of 
whistleblower claims so as to avoid costly and time consuming 
litigation. Such onerous penalties as proposed by H.R. 1401 
will only serve to discourage government managers from 
voluntarily coming forward with their justifications for 
adverse personnel decisions out of fear for criminal and civil 
liability. We note that this section authorizes the possibility 
of punitive damage liability against the Federal government--a 
disturbing proposal that would actually subject taxpayers to 
paying for whistleblower retaliation claims.
    The amendments offered by Representative Tom Davis of 
Virginia and Representative Lungren would have addressed these 
concerns. These amendments are consistent with provisions in 
H.R. 985, the ``Whistleblower Protection Enhancement Act of 
2007'' introduced by Representatives Waxman and Davis and 
approved by the House of Representatives on March 14, 2007. The 
amendment offered by Mr. Lungren would have placed DHS 
intelligence-related employees under the same enhanced national 
security whistleblower protection as that proposed by H.R. 985, 
and would require such employees to report their whistleblower 
claims to the Department's Inspector General where the claims 
would be considered in an appropriately secure manner. The 
Lungren and Davis amendments would also have eliminated the 
punitive damages and criminal penalties in order to avoid the 
chilling effect on management those penalties will cause. 
Finally, these amendments would have eliminated the penalty in 
H.R. 1401 for an assertion by the Federal government of the 
state secrets privilege to protect national security 
information.

  AUTOMATED TARGETING SYSTEM FOR PASSENGERS ENTERING THE UNITED STATES

    The Majority refused to include an amendment offered by 
Representative Dent that would have authorized the United 
States Custom and Border Protection (CBP) Automated Targeting 
System for persons (ATS-P) traveling on the modes of 
transportation covered under H.R. 1401. ATS-P is an invaluable 
tool for screening persons coming into and departing from the 
United States, and is currently used by CBP to systematically 
review known information about foreign travelers before they 
arrive in the United States. The program also fulfills an 
integral recommendation of the 9/11 Commission. Notably, the 
ATS-P program has successfully assisted CBP officers in 
identifying individuals with ties to terrorism and interdicting 
those persons upon their attempted entry into the United 
States.
    The ATS-P program utilizes data that is already available 
to CBP in order to perform a real-time risk assessment of a 
traveler in context with his or her previous behavior. CBP 
officers then use that assessment in determining whether the 
traveler should undergo secondary screening. The program does 
not make a determination of whether or not the individual 
should be allowed entry into the United States, rather ATS is a 
tool to help target CBP resources on those individuals who are 
most appropriate for additional screening.
    The Dent amendment would have codified CBP's existing 
authority for conducting such risk assessment screening, and 
would have authorized the Secretary to utilize ATS-P for 
passengers on rail and other covered transportation. Moreover, 
the amendment would not have affected the program's existing 
privacy protections. We feel the Majority's opposition to this 
amendment was a missed opportunity to expand and support a 
program that has been successful in securing the country from 
individuals seeking to gain entry into the United States to do 
us harm.

                  ADVANCE PASSENGER INFORMATION SYSTEM

    The Majority defeated another amendment offered by 
Representative Dent that would have provided the Customs and 
Border Protection (CBP) the authority to require providers of 
covered transportation to provide electronically the manifests 
containing information regarding passengers and crew members in 
advance of their arrival at United States ports of entry. The 
information transportation providers are required to collect 
and submit can be found on routine entry documents that 
passenger and crew members must currently provide when 
processed into or out of the United States, including the 
passenger's name, date of birth, citizenship, gender, passport 
number and country of issuance, and alien registration number, 
if applicable.
    Importantly, this amendment would not have granted CBP the 
authority to demand any information that it does not already 
receive when a person arrives at a port of entry or border 
crossing. The amendment would have authorized CBP to require 
that transportation providers deliver the information 
electronically prior to the person's arrival at the port of 
entry or border crossing. Notably, this already occurs for 
travelers and crew members of commercial air and sea carriers, 
and has been utilized successfully in a number of pilot 
programs at land ports.
    With the benefit of this amendment, the majority of the 
travelers would have been more efficiently processed, and 
admitted into the country, while individuals of interest would 
have been more readily identified. In addition, advance 
submission of passenger and crew information would have helped 
CBP allocate resources in the face of its ever increasing 
workload. Unfortunately, the rejection of this amendment 
represents another missed opportunity to leverage existing 
information resources to better protect the country.

                                   Peter T. King.
                                   Christopher Shays.
                                   Tom Davis.
                                   Charles W. Dent.
                                   Gus M. Bilirakis.
                                   Daniel E. Lungren.
                                   Michael T. McCaul.
                                   Ginny Brown-Waite.
                                   David Davis.