[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 184 Reported in Senate (RS)]
Calendar No. 26
110th CONGRESS
1st Session
S. 184
To provide improved rail and surface transportation security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 4, 2007
Mr. Inouye (for himself, Mr. Stevens, Mr. Lautenberg, Ms. Snowe, Mr.
Rockefeller, Mr. Kerry, Mr. Lieberman, Mrs. Boxer, Mr. Pryor, Mr.
Carper, Mr. Biden, Mr. Baucus, Mrs. Clinton, Mr. Schumer, Mr. Dorgan,
Ms. Mikulski, Mr. Durbin, Mr. Menendez, Mrs. Hutchison, Mr. Specter,
Ms. Klobuchar, Ms. Collins, and Ms. Cantwell) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
February 15, 2007
Reported by Mr. Inouye, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide improved rail and surface transportation security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Surface Transportation and
Rail Security Act of 2007''.</DELETED>
<DELETED>SEC. 2. TABLE OF CONTENTS.</DELETED>
<DELETED> The table of contents for this Act is as
follows:</DELETED>
<DELETED>Sec. 1. Short title.
<DELETED>Sec. 2. Table of contents.
<DELETED>TITLE I--IMPROVED RAIL SECURITY
<DELETED>Sec. 101. Rail transportation security risk assessment.
<DELETED>Sec. 102. Systemwide amtrak security upgrades.
<DELETED>Sec. 103. Fire and life-safety improvements.
<DELETED>Sec. 104. Freight and passenger rail security upgrades.
<DELETED>Sec. 105. Rail security research and development.
<DELETED>Sec. 106. Oversight and grant procedures.
<DELETED>Sec. 107. Amtrak plan to assist families of passengers
involved in rail passenger accidents.
<DELETED>Sec. 108. Northern border rail passenger report.
<DELETED>Sec. 109. Rail worker security training program.
<DELETED>Sec. 110. Whistleblower protection program.
<DELETED>Sec. 111. High hazard material security threat mitigation
plans.
<DELETED>Sec. 112. Memorandum of agreement.
<DELETED>Sec. 113. Rail security enhancements.
<DELETED>Sec. 114. Public awareness.
<DELETED>Sec. 115. Railroad high hazard material tracking.
<DELETED>Sec. 116. Authorization of appropriations.
<DELETED>TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL
SECURITY
<DELETED>Sec. 201. Hazardous materials highway routing.
<DELETED>Sec. 202. Motor carrier high hazard material tracking.
<DELETED>Sec. 203. Hazardous materials security inspections and
enforcement.
<DELETED>Sec. 204. Truck security assessment.
<DELETED>Sec. 205. National public sector response system.
<DELETED>Sec. 206. Over-the-road bus security assistance.
<DELETED>Sec. 207. Pipeline security and incident recovery plan.
<DELETED>Sec. 208. Pipeline security inspections and enforcement.
<DELETED>Sec. 209. Technical corrections.
<DELETED>Sec. 210. Certain personnel limitations not to apply.
<DELETED>TITLE I--IMPROVED RAIL SECURITY</DELETED>
<DELETED>SEC. 101. RAIL TRANSPORTATION SECURITY RISK
ASSESSMENT.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Vulnerability and risk assessment.--The
Secretary of Homeland Security shall establish a task force,
including the Transportation Security Administration, the
Department of Transportation, and other appropriate agencies,
to complete a vulnerability and risk assessment of freight and
passenger rail transportation (encompassing railroads, as that
term is defined in section 20102(1) of title 49, United States
Code). The assessment shall include--</DELETED>
<DELETED> (A) a methodology for conducting the risk
assessment, including timelines, that addresses how the
Department of Homeland Security will work with the
entities describe in subsection (b) and make use of
existing Federal expertise within the Department of
Homeland Security, the Department of Transportation,
and other appropriate agencies;</DELETED>
<DELETED> (B) identification and evaluation of
critical assets and infrastructures;</DELETED>
<DELETED> (C) identification of vulnerabilities and
risks to those assets and infrastructures;</DELETED>
<DELETED> (D) identification of vulnerabilities and
risks that are specific to the transportation of
hazardous materials via railroad;</DELETED>
<DELETED> (E) identification of security weaknesses
in passenger and cargo security, transportation
infrastructure, protection systems, procedural
policies, communications systems, employee training,
emergency response planning, and any other area
identified by the assessment; and</DELETED>
<DELETED> (F) an account of actions taken or planned by both
public and private entities to address identified rail security
issues and assess the effective integration of such
actions.</DELETED>
<DELETED> (2) Recommendations.--Based on the assessment
conducted under paragraph (1), the Secretary, in consultation
with the Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--</DELETED>
<DELETED> (A) improving the security of rail
tunnels, rail bridges, rail switching and car storage
areas, other rail infrastructure and facilities,
information systems, and other areas identified by the
Secretary as posing significant rail-related risks to
public safety and the movement of interstate commerce,
taking into account the impact that any proposed
security measure might have on the provision of rail
service;</DELETED>
<DELETED> (B) deploying equipment to detect
explosives and hazardous chemical, biological, and
radioactive substances, and any appropriate
countermeasures;</DELETED>
<DELETED> (C) training appropriate railroad or
railroad shipper employees in terrorism prevention,
passenger evacuation, and response
activities;</DELETED>
<DELETED> (D) conducting public outreach campaigns
on passenger railroads;</DELETED>
<DELETED> (E) deploying surveillance equipment;
and</DELETED>
<DELETED> (F) identifying the immediate and long-
term costs of measures that may be required to address
those risks.</DELETED>
<DELETED> (3) Plans.--The report required by subsection (c)
shall include--</DELETED>
<DELETED> (A) a plan, developed in consultation with
the freight and intercity passenger railroads, and
State and local governments, for the Federal government
to provide increased security support at high or severe
threat levels of alert;</DELETED>
<DELETED> (B) a plan for coordinating existing and
planned rail security initiatives undertaken by the
public and private sectors; and</DELETED>
<DELETED> (C) a contingency plan, developed in
conjunction with freight and intercity and commuter
passenger railroads, to ensure the continued movement
of freight and passengers in the event of an attack
affecting the railroad system, which shall
contemplate--</DELETED>
<DELETED> (i) the possibility of rerouting
traffic due to the loss of critical
infrastructure, such as a bridge, tunnel, yard,
or station; and</DELETED>
<DELETED> (ii) methods of continuing
railroad service in the Northeast Corridor in
the event of a commercial power loss, or
catastrophe affecting a critical bridge,
tunnel, yard, or station.</DELETED>
<DELETED> (b) Consultation; Use of Existing Resources.--In carrying
out the assessment and developing the recommendations and plans
required by subsection (a), the Secretary of Homeland Security shall
consult with rail management, rail labor, owners or lessors of rail
cars used to transport hazardous materials, first responders, shippers
of hazardous materials, public safety officials, and other relevant
parties.</DELETED>
<DELETED> (c) Report.--</DELETED>
<DELETED> (1) Contents.--Within 180 days after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation, the
House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report containing the assessment,
prioritized recommendations, and plans required by subsection
(a) and an estimate of the cost to implement such
recommendations.</DELETED>
<DELETED> (2) Format.--The Secretary may submit the report
in both classified and redacted formats if the Secretary
determines that such action is appropriate or
necessary.</DELETED>
<DELETED> (d) Annual Updates.--The Secretary, in consultation with
the Secretary of Transportation, shall update the assessment and
recommendations each year and transmit a report, which may be submitted
in both classified and redacted formats, to the Committees named in
subsection (c)(1), containing the updated assessment and
recommendations.</DELETED>
<DELETED> (e) Funding.--Out of funds appropriated pursuant to
section 114(u) of title 49, United States Code, as amended by section
116 of this Act, there shall be made available to the Secretary of
Homeland Security to carry out this section $5,000,000 for fiscal year
2008.</DELETED>
<DELETED>SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES.</DELETED>
<DELETED> (a) In General.--Subject to subsection (c) the Secretary
of Homeland Security, in consultation with the Assistant Secretary of
Homeland Security (Transportation Security Administration), is
authorized to make grants to Amtrak--</DELETED>
<DELETED> (1) to secure major tunnel access points and
ensure tunnel integrity in New York, Baltimore, and Washington,
DC;</DELETED>
<DELETED> (2) to secure Amtrak trains;</DELETED>
<DELETED> (3) to secure Amtrak stations;</DELETED>
<DELETED> (4) to obtain a watch list identification system
approved by the Secretary;</DELETED>
<DELETED> (5) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;</DELETED>
<DELETED> (6) to hire additional police and security
officers, including canine units;</DELETED>
<DELETED> (7) to expand emergency preparedness efforts;
and</DELETED>
<DELETED> (8) for employee security training.</DELETED>
<DELETED> (b) Conditions.--The Secretary of Transportation shall
disburse funds to Amtrak provided under subsection (a) for projects
contained in a systemwide security plan approved by the Secretary of
Homeland Security. The plan shall include appropriate measures to
address security awareness, emergency response, and passenger
evacuation training.</DELETED>
<DELETED> (c) Equitable Geographic Allocation.--The Secretary shall
ensure that, subject to meeting the highest security needs on Amtrak's
entire system and consistent with the risk assessment required under
section 101, stations and facilities located outside of the Northeast
Corridor receive an equitable share of the security funds authorized by
this section.</DELETED>
<DELETED> (d) Availability of Funds.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code, as amended
by section 116 of this Act,, there shall be made available to the
Secretary of Homeland Security and the Assistant Secretary of Homeland
Security (Transportation Security Administration) to carry out this
section--</DELETED>
<DELETED> (1) $63,500,000 for fiscal year 2008;</DELETED>
<DELETED> (2) $30,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> (3) $30,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts appropriated pursuant to this subsection shall remain
available until expended.</DELETED>
<DELETED>SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS.</DELETED>
<DELETED> (a) Life-Safety Needs.--The Secretary of Transportation,
in consultation with the Secretary of Homeland Security, is authorized
to make grants to Amtrak for the purpose of making fire and life-safety
improvements to Amtrak tunnels on the Northeast Corridor in New York,
NY, Baltimore, MD, and Washington, DC.</DELETED>
<DELETED> (b) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 116(b) of this Act, there shall be
made available to the Secretary of Transportation for the purposes of
carrying out subsection (a) the following amounts:</DELETED>
<DELETED> (1) For the 6 New York tunnels to provide
ventilation, electrical, and fire safety technology upgrades,
emergency communication and lighting systems, and emergency
access and egress for passengers--</DELETED>
<DELETED> (A) $100,000,000 for fiscal year
2008;</DELETED>
<DELETED> (B) $100,000,000 for fiscal year
2009;</DELETED>
<DELETED> (C) $100,000,000 for fiscal year 2010;
and</DELETED>
<DELETED> (D) $100,000,000 for fiscal year
2011.</DELETED>
<DELETED> (2) For the Baltimore & Potomac tunnel and the
Union tunnel, together, to provide adequate drainage,
ventilation, communication, lighting, and passenger egress
upgrades--</DELETED>
<DELETED> (A) $10,000,000 for fiscal year
2008;</DELETED>
<DELETED> (B) $10,000,000 for fiscal year
2009;</DELETED>
<DELETED> (C) $10,000,000 for fiscal year 2010;
and</DELETED>
<DELETED> (D) $10,000,000 for fiscal year
2011.</DELETED>
<DELETED> (3) For the Washington, DC, Union Station tunnels
to improve ventilation, communication, lighting, and passenger
egress upgrades--</DELETED>
<DELETED> (A) $8,000,000 for fiscal year
2008;</DELETED>
<DELETED> (B) $8,000,000 for fiscal year
2009;</DELETED>
<DELETED> (C) $8,000,000 for fiscal year 2010;
and</DELETED>
<DELETED> (D) $8,000,000 for fiscal year
2011.</DELETED>
<DELETED> (c) Infrastructure Upgrades.--Out of funds appropriated
pursuant to section 116(b) of this Act, there shall be made available
to the Secretary of Transportation for fiscal year 2008 $3,000,000 for
the preliminary design of options for a new tunnel on a different
alignment to augment the capacity of the existing Baltimore
tunnels.</DELETED>
<DELETED> (d) Availability of Appropriated Funds.--Amounts made
available pursuant to this section shall remain available until
expended.</DELETED>
<DELETED> (e) Plans Required.--The Secretary of Transportation may
not make amounts available to Amtrak for obligation or expenditure
under subsection (a)--</DELETED>
<DELETED> (1) until Amtrak has submitted to the Secretary,
and the Secretary has approved, an engineering and financial
plan for such projects; and</DELETED>
<DELETED> (2) unless, for each project funded pursuant to
this section, the Secretary has approved a project management
plan prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.</DELETED>
<DELETED> (f) Review of Plans.--The Secretary of Transportation
shall complete the review of the plans required by paragraphs (1) and
(2) of subsection (e) and approve or disapprove the plans within 45
days after the date on which each such plan is submitted by Amtrak. If
the Secretary determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the Secretary's
notification, submit a modified plan for the Secretary's review. Within
15 days after receiving additional information on items previously
included in the plan, and within 45 days after receiving items newly
included in a modified plan, the Secretary shall either approve the
modified plan, or, if the Secretary finds the plan is still incomplete
or deficient, the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security the portions of
the plan the Secretary finds incomplete or deficient, approve all other
portions of the plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions of the
plan.</DELETED>
<DELETED> (g) Financial Contribution From Other Tunnel Users.--The
Secretary shall, taking into account the need for the timely completion
of all portions of the tunnel projects described in subsection (a)--
</DELETED>
<DELETED> (1) consider the extent to which rail carriers
other than Amtrak use or plan to use the tunnels;</DELETED>
<DELETED> (2) consider the feasibility of seeking a
financial contribution from those other rail carriers toward
the costs of the projects; and</DELETED>
<DELETED> (3) obtain financial contributions or commitments
from such other rail carriers at levels reflecting the extent
of their use or planned use of the tunnels, if
feasible.</DELETED>
<DELETED>SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY
UPGRADES.</DELETED>
<DELETED> (a) Security Improvement Grants.--The Secretary of
Homeland Security, through the Assistant Secretary of Homeland Security
(Transportation Security Administration) and other appropriate
agencies, is authorized to make grants to freight railroads, the Alaska
Railroad, hazardous materials shippers, owners of rail cars used in the
transportation of hazardous materials, universities, colleges and
research centers, State and local governments (for rail passenger
facilities and infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities to prevent
or respond to acts of terrorism, sabotage, or other intercity passenger
rail and freight rail security vulnerabilities and risks identified
under section 101, including--</DELETED>
<DELETED> (1) security and redundancy for critical
communications, computer, and train control systems essential
for secure rail operations;</DELETED>
<DELETED> (2) accommodation of rail cargo or passenger
screening equipment at the United States-Mexico border, the
United States-Canada border, or other ports of entry;</DELETED>
<DELETED> (3) the security of hazardous material
transportation by rail;</DELETED>
<DELETED> (4) secure intercity passenger rail stations,
trains, and infrastructure;</DELETED>
<DELETED> (5) structural modification or replacement of rail
cars transporting high hazard materials to improve their
resistance to acts of terrorism;</DELETED>
<DELETED> (6) employee security awareness, preparedness,
passenger evacuation, and emergency response
training;</DELETED>
<DELETED> (7) public security awareness campaigns for
passenger train operations;</DELETED>
<DELETED> (8) the sharing of intelligence and information
about security threats;</DELETED>
<DELETED> (9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;</DELETED>
<DELETED> (10) to hire additional police and security
officers, including canine units; and</DELETED>
<DELETED> (11) other improvements recommended by the report
required by section 101, including infrastructure, facilities,
and equipment upgrades.</DELETED>
<DELETED> (b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under this
section are expended in accordance with the purposes of this title and
the priorities and other criteria developed by the Secretary.</DELETED>
<DELETED> (c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk and vulnerability as
determined under section 101, and shall encourage non-Federal financial
participation in awarding grants. With respect to grants for intercity
passenger rail security, the Secretary shall also take into account
passenger volume and whether a station is used by commuter rail
passengers as well as intercity rail passengers.</DELETED>
<DELETED> (d) Conditions.--The Secretary of Transportation may not
disburse funds to Amtrak under subsection (a) unless Amtrak meets the
conditions set forth in section 102(b) of this Act.</DELETED>
<DELETED> (e) Allocation Between Railroads and Others.--Unless as a
result of the assessment required by section 101 the Secretary of
Homeland Security determines that critical rail transportation security
needs require reimbursement in greater amounts to any eligible entity,
no grants under this section may be made--</DELETED>
<DELETED> (1) in excess of $45,000,000 to Amtrak;
or</DELETED>
<DELETED> (2) in excess of $80,000,000 for the purposes
described in paragraphs (3) and (5) of subsection
(a).</DELETED>
<DELETED> (f) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United States
Code, as amended by section 116 of this Act,, there shall be made
available to the Secretary of Homeland Security to carry out this
section--</DELETED>
<DELETED> (1) $100,000,000 for fiscal year 2008;</DELETED>
<DELETED> (2) $100,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> (3) $100,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall
remain available until expended.</DELETED>
<DELETED> (g) High Hazard Materials Defined.--In this section, the
term ``high hazard materials'' means quantities of poison inhalation
hazard materials, Class 2.3 gases, Class 6.1 materials, and anhydrous
ammonia that the Secretary, in consultation with the Secretary of
Transportation, determines pose a security risk.</DELETED>
<DELETED>SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT.</DELETED>
<DELETED> (a) Establishment of Research and Development Program.--
The Secretary of Homeland Security, through the Under Secretary for
Science and Technology and the Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Secretary of Transportation shall carry out a research and development
program for the purpose of improving freight and intercity passenger
rail security that may include research and development projects to--
</DELETED>
<DELETED> (1) reduce the vulnerability of passenger trains,
stations, and equipment to explosives and hazardous chemical,
biological, and radioactive substances;</DELETED>
<DELETED> (2) test new emergency response techniques and
technologies;</DELETED>
<DELETED> (3) develop improved freight technologies,
including--</DELETED>
<DELETED> (A) technologies for sealing rail
cars;</DELETED>
<DELETED> (B) automatic inspection of rail
cars;</DELETED>
<DELETED> (C) communication-based train controls;
and</DELETED>
<DELETED> (D) emergency response training;</DELETED>
<DELETED> (4) test wayside detectors that can detect
tampering with railroad equipment;</DELETED>
<DELETED> (5) support enhanced security for the
transportation of hazardous materials by rail, including--
</DELETED>
<DELETED> (A) technologies to detect a breach in a
tank car or other rail car used to transport hazardous
materials and transmit information about the integrity
of cars to the train crew or dispatcher;</DELETED>
<DELETED> (B) research to improve tank car
integrity, with a focus on tank cars that carry high
hazard materials (as defined in section 104(g) of this
Act); and</DELETED>
<DELETED> (C) techniques to transfer hazardous
materials from rail cars that are damaged or otherwise
represent an unreasonable risk to human life or public
safety; and</DELETED>
<DELETED> (6) other projects that address vulnerabilities
and risks identified under section 101.</DELETED>
<DELETED> (b) Coordination With Other Research Initiatives.--The
Secretary of Homeland Security shall ensure that the research and
development program authorized by this section is coordinated with
other research and development initiatives at the Department of
Homeland Security and the Department of Transportation. The Secretary
shall carry out any research and development project authorized by this
section through a reimbursable agreement with the Secretary of
Transportation, if the Secretary of Transportation--</DELETED>
<DELETED> (1) is already sponsoring a research and
development project in a similar area; or</DELETED>
<DELETED> (2) has a unique facility or capability that would
be useful in carrying out the project.</DELETED>
<DELETED> (c) Grants and Accountability.--To carry out the research
and development program, the Secretary may award grants to the entities
described in section 104(a) and shall adopt necessary procedures,
including audits, to ensure that grants made under this section are
expended in accordance with the purposes of this title and the
priorities and other criteria developed by the Secretary.</DELETED>
<DELETED> (d) Authorization of Appropriations.--Out of funds
appropriated pursuant to section 114(u) of title 49, United States
Code, as amended by section 116 of this Act,, there shall be made
available to the Secretary of Homeland Security to carry out this
section--</DELETED>
<DELETED> (1) $33,000,000 for fiscal year 2008;</DELETED>
<DELETED> (2) $33,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> (3) $33,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall
remain available until expended.</DELETED>
<DELETED>SEC. 106. OVERSIGHT AND GRANT PROCEDURES.</DELETED>
<DELETED> (a) Secretarial Oversight.--The Secretary of Homeland
Security may use up to 0.5 percent of amounts made available for
capital projects under this Act to enter into contracts for the review
of proposed capital projects and related program management plans and
to oversee construction of such projects.</DELETED>
<DELETED> (b) Use of Funds.--The Secretary may use amounts available
under subsection (a) of this subsection to make contracts to audit and
review the safety, procurement, management, and financial compliance of
a recipient of amounts under this title.</DELETED>
<DELETED> (c) Procedures for Grant Award.--The Secretary shall,
within 90 days after the date of enactment of this Act, prescribe
procedures and schedules for the awarding of grants under this title,
including application and qualification procedures (including a
requirement that the applicant have a security plan), and a record of
decision on applicant eligibility. The procedures shall include the
execution of a grant agreement between the grant recipient and the
Secretary and shall be consistent, to the extent practicable, with the
grant procedures established under section 70107 of title 46, United
States Code.</DELETED>
<DELETED>SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS
INVOLVED IN RAIL PASSENGER ACCIDENTS.</DELETED>
<DELETED> (a) In General.--Chapter 243 of title 49, United States
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 24316. Plans to address needs of families of passengers
involved in rail passenger accidents</DELETED>
<DELETED> ``(a) Submission of Plan.--Not later than 6 months after
the date of the enactment of the Surface Transportation and Rail
Security Act of 2007, Amtrak shall submit to the Chairman of the
National Transportation Safety Board, the Secretary of Transportation,
and the Secretary of Homeland Security a plan for addressing the needs
of the families of passengers involved in any rail passenger accident
involving an Amtrak intercity train and resulting in a loss of
life.</DELETED>
<DELETED> ``(b) Contents of Plans.--The plan to be submitted by
Amtrak under subsection (a) shall include, at a minimum, the
following:</DELETED>
<DELETED> ``(1) A process by which Amtrak will maintain and
provide to the National Transportation Safety Board and the
Secretary of Transportation, immediately upon request, a list
(which is based on the best available information at the time
of the request) of the names of the passengers aboard the train
(whether or not such names have been verified), and will
periodically update the list. The plan shall include a
procedure, with respect to unreserved trains and passengers not
holding reservations on other trains, for Amtrak to use
reasonable efforts to ascertain the number and names of
passengers aboard a train involved in an accident.</DELETED>
<DELETED> ``(2) A plan for creating and publicizing a
reliable, toll-free telephone number within 4 hours after such
an accident occurs, and for providing staff, to handle calls
from the families of the passengers.</DELETED>
<DELETED> ``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.</DELETED>
<DELETED> ``(4) A process for providing the notice described
in paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been
verified).</DELETED>
<DELETED> ``(5) A process by which the family of each
passenger will be consulted about the disposition of all
remains and personal effects of the passenger within Amtrak's
control; that any possession of the passenger within Amtrak's
control will be returned to the family unless the possession is
needed for the accident investigation or any criminal
investigation; and that any unclaimed possession of a passenger
within Amtrak's control will be retained by the rail passenger
carrier for at least 18 months.</DELETED>
<DELETED> ``(6) A process by which the treatment of the
families of nonrevenue passengers will be the same as the
treatment of the families of revenue passengers.</DELETED>
<DELETED> ``(7) An assurance that Amtrak will provide
adequate training to its employees and agents to meet the needs
of survivors and family members following an
accident.</DELETED>
<DELETED> ``(c) Use of Information.--The National Transportation
Safety Board, the Secretary of Transportation, and Amtrak may not
release any personal information on a list obtained under subsection
(b)(1) but may provide information on the list about a passenger to the
family of the passenger to the extent that the Board or Amtrak
considers appropriate.</DELETED>
<DELETED> ``(d) Limitation on Liability.--Amtrak shall not be liable
for damages in any action brought in a Federal or State court arising
out of the performance of Amtrak in preparing or providing a passenger
list, or in providing information concerning a train reservation,
pursuant to a plan submitted by Amtrak under subsection (b), unless
such liability was caused by Amtrak's conduct.</DELETED>
<DELETED> ``(e) Limitation on Statutory Construction.--Nothing in
this section may be construed as limiting the actions that Amtrak may
take, or the obligations that Amtrak may have, in providing assistance
to the families of passengers involved in a rail passenger
accident.</DELETED>
<DELETED> ``(f) Funding.--Out of funds appropriated pursuant to
section 116(b) of the Surface Transportation and Rail Security Act of
2007, there shall be made available to the Secretary of Transportation
for the use of Amtrak $500,000 for fiscal year 2007 to carry out this
section. Amounts made available pursuant to this subsection shall
remain available until expended.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The chapter analysis for
chapter 243 of title 49, United States Code, is amended by adding at
the end the following:</DELETED>
<DELETED>``24316. Plan to assist families of passengers involved in
rail passenger accidents.''.
<DELETED>SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT.</DELETED>
<DELETED> Within 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), the Secretary of Transportation, heads of other
appropriate Federal departments, and agencies and the National Railroad
Passenger Corporation, shall transmit a report to the Senate Committee
on Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security that contains--
</DELETED>
<DELETED> (1) a description of the current system for
screening passengers and baggage on passenger rail service
between the United States and Canada;</DELETED>
<DELETED> (2) an assessment of the current program to
provide preclearance of airline passengers between the United
States and Canada as outlined in ``The Agreement on Air
Transport Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;</DELETED>
<DELETED> (3) an assessment of the current program to
provide preclearance of freight railroad traffic between the
United States and Canada as outlined in the ``Declaration of
Principle for the Improved Security of Rail Shipments by
Canadian National Railway and Canadian Pacific Railway from
Canada to the United States'', dated April 2, 2003;</DELETED>
<DELETED> (4) information on progress by the Department of
Homeland Security and other Federal agencies towards finalizing
a bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;</DELETED>
<DELETED> (5) a description of legislative, regulatory,
budgetary, or policy barriers within the United States
Government to providing pre-screened passenger lists for rail
passengers traveling between the United States and Canada to
the Department of Homeland Security;</DELETED>
<DELETED> (6) a description of the position of the
Government of Canada and relevant Canadian agencies with
respect to preclearance of such passengers;</DELETED>
<DELETED> (7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and</DELETED>
<DELETED> (8) an analysis of the feasibility of reinstating
in-transit inspections onboard international Amtrak
trains.</DELETED>
<DELETED>SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM.</DELETED>
<DELETED> (a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security and the
Secretary of Transportation, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of
railroad carriers, and nonprofit employee organizations that represent
rail workers, shall develop and issue detailed guidance for a rail
worker security training program to prepare front-line workers for
potential threat conditions. The guidance shall take into consideration
any current security training requirements or best practices.</DELETED>
<DELETED> (b) Program Elements.--The guidance developed under
subsection (a) shall include elements, as appropriate to passenger and
freight rail service, that address the following:</DELETED>
<DELETED> (1) Determination of the seriousness of any
occurrence.</DELETED>
<DELETED> (2) Crew communication and coordination.</DELETED>
<DELETED> (3) Appropriate responses to defend or protect
oneself.</DELETED>
<DELETED> (4) Use of protective devices.</DELETED>
<DELETED> (5) Evacuation procedures.</DELETED>
<DELETED> (6) Psychology of terrorists to cope with hijacker
behavior and passenger responses.</DELETED>
<DELETED> (7) Situational training exercises regarding
various threat conditions.</DELETED>
<DELETED> (8) Any other subject the Secretary considers
appropriate.</DELETED>
<DELETED> (c) Railroad Carrier Programs.--Not later than 90 days
after the Secretary of Homeland Security issues guidance under
subsection (a) in final form, each railroad carrier shall develop a
rail worker security training program in accordance with that guidance
and submit it to the Secretary for review. Not later than 30 days after
receiving a railroad carrier's program under this subsection, the
Secretary shall review the program and transmit comments to the
railroad carrier concerning any revisions the Secretary considers
necessary for the program to meet the guidance requirements. A railroad
carrier shall respond to the Secretary's comments within 30 days after
receiving them.</DELETED>
<DELETED> (d) Training.--Not later than 1 year after the Secretary
reviews the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall
review implementation of the training program of a representative
sample of railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security on the number of reviews
conducted and the results. The Secretary may submit the report in both
classified and redacted formats as necessary.</DELETED>
<DELETED> (e) Updates.--The Secretary shall update the training
guidance issued under subsection (a) as appropriate to reflect new or
different security threats. Railroad carriers shall revise their
programs accordingly and provide additional training to their front-
line workers within a reasonable time after the guidance is
updated.</DELETED>
<DELETED> (f) Front-Line Workers Defined.--In this section, the term
``front-line workers'' means security personnel, dispatchers, train
operators, other onboard employees, maintenance and maintenance support
personnel, bridge tenders, as well as other appropriate employees of
railroad carriers, as defined by the Secretary.</DELETED>
<DELETED> (g) Other Employees.--The Secretary of Homeland Security
shall issue guidance and best practices for a rail shipper employee
security program containing the elements listed under subsection (b) as
appropriate.</DELETED>
<DELETED>SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM.</DELETED>
<DELETED> (a) In General.--Subchapter A of chapter 201 of title 49,
United States Code, is amended by inserting after section 20117 the
following:</DELETED>
<DELETED>``Sec. 20118. Whistleblower protection for rail security
matters</DELETED>
<DELETED> ``(a) Discrimination Against Employee.--No rail carrier
engaged in interstate or foreign commerce may discharge a railroad
employee or otherwise discriminate against a railroad employee because
the employee (or any person acting pursuant to a request of the
employee)--</DELETED>
<DELETED> ``(1) provided, caused to be provided, or is about
to provide or cause to be provided, to the employer or the
Federal Government information relating to a reasonably
perceived threat, in good faith, to security; or</DELETED>
<DELETED> ``(2) provided, caused to be provided, or is about
to provide or cause to be provided, testimony before Congress
or at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or</DELETED>
<DELETED> ``(3) refused to violate or assist in the
violation of any law, rule or regulation related to rail
security.</DELETED>
<DELETED> ``(b) Dispute Resolution.--A dispute, grievance, or claim
arising under this section is subject to resolution under section 3 of
the Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than 180 days
after it is filed. If the violation is a form of discrimination that
does not involve discharge, suspension, or another action affecting
pay, and no other remedy is available under this subsection, the Board,
division, delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more than
$20,000.</DELETED>
<DELETED> ``(c) Procedural Requirements.--Except as provided in
subsection (b), the procedure set forth in section 42121(b)(2)(B) of
this subtitle, including the burdens of proof, applies to any complaint
brought under this section.</DELETED>
<DELETED> ``(d) Election of Remedies.--An employee of a railroad
carrier may not seek protection under both this section and another
provision of law for the same allegedly unlawful act of the
carrier.</DELETED>
<DELETED> ``(e) Disclosure of Identity.--</DELETED>
<DELETED> ``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation may not disclose the name of an
employee of a railroad carrier who has provided information
about an alleged violation of this section.</DELETED>
<DELETED> ``(2) The Secretary shall disclose to the Attorney
General the name of an employee described in paragraph (1) of
this subsection if the matter is referred to the Attorney
General for enforcement.''.</DELETED>
<DELETED> (b) Conforming Amendment.--The chapter analysis for
chapter 201 of title 49, United States Code, is amended by inserting
after the item relating to section 20117 the following:</DELETED>
<DELETED>``20118. Whistleblower protection for rail security
matters.''.
<DELETED>SEC. 111. HIGH HAZARD MATERIAL SECURITY THREAT MITIGATION
PLANS.</DELETED>
<DELETED> (a) In General.--The Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration) and the Secretary of
Transportation, shall require rail carriers transporting a high hazard
material, as defined in section 104(g) of this Act to develop a high
hazard material security threat mitigation plan containing appropriate
measures, including alternative routing and temporary shipment
suspension options, to address assessed risks to high consequence
targets. The plan, and any information submitted to the Secretary under
this section shall be protected as sensitive security information under
the regulations prescribed under section 114(s) of title 49, United
States Code.</DELETED>
<DELETED> (b) Implementation.--A high hazard material security
threat mitigation plan shall be put into effect by a rail carrier for
the shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe and specific intelligence of probable or
imminent threat exists towards--</DELETED>
<DELETED> (1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or</DELETED>
<DELETED> (2) rail infrastructure or operations within the
immediate vicinity of a high-consequence target.</DELETED>
<DELETED> (c) Completion and Review of Plans.--</DELETED>
<DELETED> (1) Plans required.--Each rail carrier shall--
</DELETED>
<DELETED> (A) submit a list of routes used to
transport high hazard materials to the Secretary of
Homeland Security within 60 days after the date of
enactment of this Act;</DELETED>
<DELETED> (B) develop and submit a high hazard
material security threat mitigation plan to the
Secretary within 180 days after it receives the notice
of high consequence targets on such routes by the
Secretary; and</DELETED>
<DELETED> (C) submit any subsequent revisions to the
plan to the Secretary within 30 days after making the
revisions.</DELETED>
<DELETED> (2) Review and updates.--The Secretary, with
assistance of the Secretary of Transportation, shall review the
plans and transmit comments to the railroad carrier concerning
any revisions the Secretary considers necessary. A railroad
carrier shall respond to the Secretary's comments within 30
days after receiving them. Each rail carrier shall update and
resubmit its plan for review not less than every 2
years.</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (1) The term ``high-consequence target'' means a
building, buildings, infrastructure, public space, or natural
resource designated by the Secretary of Homeland Security that
is viable terrorist target of national significance, the attack
of which could result in--</DELETED>
<DELETED> (A) catastrophic loss of life;
and</DELETED>
<DELETED> (B) significantly damaged national
security and defense capabilities; or</DELETED>
<DELETED> (C) national economic harm.</DELETED>
<DELETED> (2) The term ``catastrophic impact zone'' means
the area immediately adjacent to, under, or above an active
railroad right-of-way used to ship high hazard materials in
which the potential release or explosion of the high hazard
material being transported would likely cause--</DELETED>
<DELETED> (A) loss of life; or</DELETED>
<DELETED> (B) significant damage to property or
structures.</DELETED>
<DELETED> (3) The term ``rail carrier'' has the meaning
given that term by section 10102(5) of title 49, United States
Code.</DELETED>
<DELETED>SEC. 112. MEMORANDUM OF AGREEMENT.</DELETED>
<DELETED> (a) Memorandum of Agreement.--Similar to the public
transportation security annex between the two departments signed on
September 8, 2005, within 1 year after the date of enactment of this
Act, the Secretary of Transportation and the Secretary of Homeland
Security shall execute and develop an annex to the memorandum of
agreement between the two departments signed on September 28, 2004,
governing the specific roles, delineations of responsibilities,
resources and commitments of the Department of Transportation and the
Department of Homeland Security, respectively, in addressing railroad
transportation security matters, including the processes the
departments will follow to promote communications, efficiency, and
nonduplication of effort.</DELETED>
<DELETED> (b) Rail Safety Regulations.--Section 20103(a) of title
49, United States Code, is amended by striking ``safety'' the first
place it appears, and inserting ``safety, including
security,''.</DELETED>
<DELETED>SEC. 113. RAIL SECURITY ENHANCEMENTS.</DELETED>
<DELETED> (a) Rail Police Officers.--Section 28101 of title 49,
United States Code, is amended--</DELETED>
<DELETED> (1) by inserting ``(a) In General.--'' before
``Under''; and</DELETED>
<DELETED> (2) by striking ``the rail carrier'' each place it
appears and inserting ``any rail carrier''.</DELETED>
<DELETED> (b) Review of Rail Regulations.--Within 1 year after the
date of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security and the Assistant
Secretary of Homeland Security (Transportation Security
Administration), shall review existing rail regulations of the
Department of Transportation for the purpose of identifying areas in
which those regulations need to be revised to improve rail
security.</DELETED>
<DELETED>SEC. 114. PUBLIC AWARENESS.</DELETED>
<DELETED> Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security, in consultation with the
Secretary of Transportation, shall develop a national plan for public
outreach and awareness. Such plan shall be designed to increase
awareness of measures that the general public, railroad passengers, and
railroad employees can take to increase railroad system security. Such
plan shall also provide outreach to railroad carriers and their
employees to improve their awareness of available technologies, ongoing
research and development efforts, and available Federal funding sources
to improve railroad security. Not later than 9 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
implement the plan developed under this section.</DELETED>
<DELETED>SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING.</DELETED>
<DELETED> (a) Wireless Communications.--</DELETED>
<DELETED> (1) In general.--In conjunction with the research
and development program established under section 105 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary of Homeland Security, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration), shall develop a
program that will encourage the equipping of rail cars
transporting high hazard materials (as defined in section
104(g) of this Act) with wireless terrestrial or satellite
communications technology that provides--</DELETED>
<DELETED> (A) car position location and tracking
capabilities;</DELETED>
<DELETED> (B) notification of rail car
depressurization, breach, or unsafe temperature;
and</DELETED>
<DELETED> (C) notification of hazardous material
release.</DELETED>
<DELETED> (2) Coordination.--In developing the program
required by paragraph (1), the Secretary shall--</DELETED>
<DELETED> (A) consult with the Secretary of
Transportation to coordinate the program with any
ongoing or planned efforts for rail car tracking at the
Department of Transportation; and</DELETED>
<DELETED> (B) ensure that the program is consistent
with recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.</DELETED>
<DELETED> (b) Funding.--Out of funds appropriated pursuant to
section 114(u) of title 49, United States Code, as amended by section
116 of this Act, there shall be made available to the Secretary of
Homeland Security to carry out this section $3,000,000 for each of
fiscal years 2008, 2009, and 2010.</DELETED>
<DELETED>SEC. 116. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> (a) Transportation Security Administration
Authorization.--Section 114 of title 49, United States Code, is amended
by adding at the end thereof the following:</DELETED>
<DELETED> ``(u) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary of Homeland Security for
rail security--</DELETED>
<DELETED> ``(1) $228,000,000 for fiscal year 2008;</DELETED>
<DELETED> ``(2) $183,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> ``(3) $183,000,000 for fiscal year
2010.''.</DELETED>
<DELETED> (b) Department of Transportation.--There are authorized to
be appropriated to the Secretary of Transportation to carry out this
title and sections 20118 and 24316 of title 49, United States Code, as
added by this Act--</DELETED>
<DELETED> (1) $121,500,000 for fiscal year 2007;</DELETED>
<DELETED> (2) $118,000,000 for fiscal year 2008;</DELETED>
<DELETED> (3) $118,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> (4) $195,000,000 for fiscal year 2011.</DELETED>
<DELETED>TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL
SECURITY</DELETED>
<DELETED>SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING.</DELETED>
<DELETED> (a) Route Plan Guidance.--Within one year after the date
of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall--</DELETED>
<DELETED> (1) document existing and proposed routes for the
transportation of radioactive and non-radioactive hazardous
materials by motor carrier, and develop a framework for using a
Geographic Information System-based approach to characterize
routes in the National Hazardous Materials Route
Registry;</DELETED>
<DELETED> (2) assess and characterize existing and proposed
routes for the transportation of radioactive and non-
radioactive hazardous materials by motor carrier for the
purpose of identifying measurable criteria for selecting routes
based on safety and security concerns;</DELETED>
<DELETED> (3) analyze current route-related hazardous
materials regulations in the United States, Canada, and Mexico
to identify cross-border differences and conflicting
regulations;</DELETED>
<DELETED> (4) document the concerns of the public, motor
carriers, and State, local, territorial, and tribal governments
about the highway routing of hazardous materials for the
purpose of identifying and mitigating security vulnerabilities
associated with hazardous material routes;</DELETED>
<DELETED> (5) prepare guidance materials for State officials
to assist them in identifying and reducing both safety concerns
and security vulnerabilities when designating highway routes
for hazardous materials consistent with the 13 safety-based
non-radioactive materials routing criteria and radioactive
materials routing criteria in Subpart C part 397 of title 49,
Code of Federal Regulations;</DELETED>
<DELETED> (6) develop a tool that will enable State
officials to examine potential routes for the highway
transportation of hazardous material and assess specific
security vulnerabilities associated with each route and explore
alternative mitigation measures; and</DELETED>
<DELETED> (7) transmit to the Senate Committee on Commerce,
Science, and Transportation, and the House of Representatives
Committee on Transportation and Infrastructure a report on the
actions taken to fulfill paragraphs (1) through (6) of this
subsection and any recommended changes to the routing
requirements for the highway transportation of hazardous
materials in part 397 of title 49, Code of Federal
Regulations.</DELETED>
<DELETED> (b) Route Plans.--</DELETED>
<DELETED> (1) Assessment.--Within one year after the date of
enactment of this Act, the Secretary of Transportation shall
complete an assessment of the safety and national security
benefits achieved under existing requirements for route plans,
in written or electronic format, for explosives and radioactive
materials. The assessment shall, at a minimum--</DELETED>
<DELETED> (A) compare the percentage of Department
of Transportation recordable incidents and the severity
of such incidents for shipments of explosives and
radioactive materials for which such route plans are
required with the percentage of recordable incidents
and the severity of such incidents for shipments of
explosives and radioactive materials not subject to
such route plans; and</DELETED>
<DELETED> (B) quantify the security and safety
benefits, feasibility, and costs of requiring each
motor carrier that is required to have a hazardous
material safety permit under part 385 of title 49, Code
of Federal Regulations, to maintain, follow, and carry
such a route plan that meets the requirements of
section 397.101 of that title when transporting the
type and quantity of hazardous materials described in
section 385.403 of that title, taking into account the
various segments of the trucking industry, including
tank truck, truckload and less than truckload
carriers.</DELETED>
<DELETED> (2) Report.--Within one year after the date of
enactment of this Act, the Secretary of Transportation shall
submit a report to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives Committee
on Transportation and Infrastructure containing the findings
and conclusions of the assessment.</DELETED>
<DELETED> (c) Requirement.--The Secretary shall require motor
carriers that have a hazardous material safety permit under part 385 of
title 49, Code of Federal Regulations, to maintain, follow, and carry a
route plan, in written or electronic format, that meets the
requirements of section 397.101 of that title when transporting the
type and quantity of hazardous materials described in section 385.403
of that title if the Secretary determines, under the assessment
required in subsection (b), that such a requirement would enhance the
security and safety of the nation without imposing unreasonable costs
or burdens upon motor carriers.</DELETED>
<DELETED>SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL
TRACKING.</DELETED>
<DELETED> (a) Wireless Communications--</DELETED>
<DELETED> (1) In General.--Consistent with the findings of
the Transportation Security Administration's Hazmat Truck
Security Pilot Program and within 6 months after the date of
enactment of this Act, the Secretary of Homeland Security,
through the Transportation Security Administration and in
consultation with the Secretary of Transportation, shall
develop a program to encourage the equipping of motor carriers
transporting high hazard materials in quantities equal to or
greater than the quantities specified in subpart 171.800 of
title 49, Code of Federal Regulations, with wireless
communications technology that provides--</DELETED>
<DELETED> (A) continuous communications;</DELETED>
<DELETED> (B) vehicle position location and tracking
capabilities; and</DELETED>
<DELETED> (C) a feature that allows a driver of such
vehicles to broadcast an emergency message.</DELETED>
<DELETED> (2) Considerations.--In developing the program
required by paragraph (1), the Secretary shall--</DELETED>
<DELETED> (A) consult with the Secretary of
Transportation to coordinate the program with any
ongoing or planned efforts for motor carrier tracking
at the Department of Transportation;</DELETED>
<DELETED> (B) take into consideration the
recommendations and findings of the report on the
Hazardous Material Safety and Security Operation Field
Test released by the Federal Motor Carrier Safety
Administration on November 11, 2004;</DELETED>
<DELETED> (C) evaluate--</DELETED>
<DELETED> (i) any new information related to
the cost and benefits of deploying and
utilizing truck tracking technology for motor
carriers transporting high hazard materials not
included in the Hazardous Material Safety and
Security Operation Field Test Report released
by the Federal Motor Carrier Safety
Administration on November 11, 2004;</DELETED>
<DELETED> (ii) the ability of truck tracking
technology to resist tampering and
disabling;</DELETED>
<DELETED> (iii) the capability of truck
tracking technology to collect, display, and
store information regarding the movements of
shipments of high hazard materials by
commercial motor vehicles;</DELETED>
<DELETED> (iv) the appropriate range of
contact intervals between the tracking
technology and a commercial motor vehicle
transporting high hazard materials;
and</DELETED>
<DELETED> (v) technology that allows the
installation by a motor carrier of concealed
electronic devices on commercial motor vehicles
that can be activated by law enforcement
authorities and alert emergency response
resources to locate and recover security
sensitive material in the event of loss or
theft of such material.</DELETED>
<DELETED> (b) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section $3,000,000
for each of fiscal years 2008, 2009, and 2010.</DELETED>
<DELETED>SEC. 203. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND
ENFORCEMENT.</DELETED>
<DELETED> (a) In General.--The Secretary of Homeland Security shall
establish a program within the Transportation Security Administration,
in consultation with the Secretary of Transportation, for reviewing
hazardous materials security plans required under part 172, title 49,
Code of Federal Regulations, within 180 days after the date of
enactment of this Act. In establishing the program, the Secretary shall
ensure that--</DELETED>
<DELETED> (1) the program does not subject carriers to
unnecessarily duplicative reviews of their security plans by
the 2 departments; and</DELETED>
<DELETED> (2) a common set of standards is used to review
the security plans.</DELETED>
<DELETED> (b) Civil Penalty.--The failure, by a shipper, carrier, or
other person subject to part 172 of title 49, Code of Federal
Regulations, to comply with any applicable section of that part within
180 days after being notified by the Secretary of such failure to
comply, is punishable by a civil penalty imposed by the Secretary under
title 49, United States Code. For purposes of this subsection, each day
of noncompliance after the 181st day following the date on which the
shipper, carrier, or other person received notice of the failure shall
constitute a separate failure.</DELETED>
<DELETED> (c) Compliance Review.--In reviewing the compliance of
hazardous materials shippers, carriers, or other persons subject to
part 172 of title 49, Code of Federal Regulations, with the provisions
of that part, the Secretary shall utilize risk assessment methodologies
to prioritize review and enforcement actions to the most vulnerable and
critical hazardous materials transportation operations.</DELETED>
<DELETED> (d) Transportation Costs Study.--Within 1 year after the
date of enactment of this Act, the Secretary of Transportation, in
conjunction with the Secretary of Homeland Security, shall study to
what extent the insurance, security, and safety costs borne by railroad
carriers, motor carriers, pipeline carriers, air carriers, and maritime
carriers associated with the transportation of hazardous materials are
reflected in the rates paid by shippers of such commodities as compared
to the costs and rates respectively for the transportation of non-
hazardous materials.</DELETED>
<DELETED> (e) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section--
</DELETED>
<DELETED> (1) $2,000,000 for fiscal year 2008;</DELETED>
<DELETED> (2) $2,000,000 for fiscal year 2009; and</DELETED>
<DELETED> (3) $2,000,000 for fiscal year 2010.</DELETED>
<DELETED>SEC. 204. TRUCK SECURITY ASSESSMENT.</DELETED>
<DELETED> Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation shall transmit to the Senate
Committee on Commerce, Science, and Transportation, Senate Committee on
Finance, the House of Representatives Committee on Transportation and
Infrastructure, the House of Representatives Committee on Homeland
Security, and the House of Representatives Committe on Ways and Means,
a report on security issues related to the trucking industry that
includes--</DELETED>
<DELETED> (1) an assessment of actions already taken to
address identified security issues by both public and private
entities;</DELETED>
<DELETED> (2) an assessment of the economic impact that
security upgrades of trucks, truck equipment, or truck
facilities may have on the trucking industry and its employees,
including independent owner-operators;</DELETED>
<DELETED> (3) an assessment of ongoing research and the need
for additional research on truck security; and</DELETED>
<DELETED> (4) an assessment of industry best practices to
enhance security.</DELETED>
<DELETED>SEC. 205. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.</DELETED>
<DELETED> (a) Development.--The Secretary of Homeland Security, in
conjunction with the Secretary of Transportation, shall consider the
development of a national public sector response system to receive
security alerts, emergency messages, and other information used to
track the transportation of high hazard materials which can provide
accurate, timely, and actionable information to appropriate first
responder, law enforcement and public safety, and homeland security
officials, as appropriate, regarding accidents, threats, thefts, or
other safety and security risks or incidents. In considering the
development of this system, they shall consult with law enforcement and
public safety officials, hazardous material shippers, motor carriers,
railroads, organizations representing hazardous material employees,
State transportation and hazardous materials officials, private for-
profit and non-profit emergency response organizations, and commercial
motor vehicle and hazardous material safety groups. Consideration of
development of the national public sector response system shall be
based upon the public sector response center developed for the
Transportation Security Administration hazardous material truck
security pilot program and hazardous material safety and security
operational field test undertaken by the Federal Motor Carrier Safety
Administration.</DELETED>
<DELETED> (b) Capability.--The national public sector response
system to be considered shall be able to receive, as appropriate--
</DELETED>
<DELETED> (1) negative driver verification alerts;</DELETED>
<DELETED> (2) out-of-route alerts;</DELETED>
<DELETED> (3) driver panic or emergency alerts;
and</DELETED>
<DELETED> (4) tampering or release alerts.</DELETED>
<DELETED> (c) Characteristics.--The national public sector response
system to be considered shall--</DELETED>
<DELETED> (1) be an exception-based system;</DELETED>
<DELETED> (2) be integrated with other private and public
sector operation reporting and response systems and all Federal
homeland security threat analysis systems or centers (including
the National Response Center); and</DELETED>
<DELETED> (3) provide users the ability to create rules for
alert notification messages.</DELETED>
<DELETED> (d) Carrier Participation.--The Secretary of Homeland
Security shall coordinate with motor carriers and railroads
transporting high hazard materials, entities acting on their behalf who
receive communication alerts from motor carriers or railroads, or other
Federal agencies that receive security and emergency related
notification regarding high hazard materials in transit to facilitate
the provisions of the information listed in subsection (b) to the
national public sector response system to the extent possible if the
system is established.</DELETED>
<DELETED> (e) Data Privacy.--The national public sector response
system shall be designed to ensure appropriate protection of data and
information relating to motor carriers, railroads, and
employees.</DELETED>
<DELETED> (f) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall transmit to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security a report on
whether to establish a national public sector response system and the
estimated total public and private sector costs to establish and
annually operate such a system, together with any recommendations for
generating private sector participation and investment in the
development and operation of such a system.</DELETED>
<DELETED> (g) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section--
</DELETED>
<DELETED> (1) $1,000,000 for fiscal year 2008;</DELETED>
<DELETED> (2) $1,000,000 for fiscal year 2009; and</DELETED>
<DELETED> (3) $1,000,000 for fiscal year 2010.</DELETED>
<DELETED>SEC. 206. OVER-THE-ROAD BUS SECURITY ASSISTANCE.</DELETED>
<DELETED> (a) In General.--The Secretary of Homeland Security shall
establish a program within the Transportation Security Administration
for making grants to private operators of over-the-road buses or over-
the-road bus terminal operators for system-wide security improvements
to their operations, including--</DELETED>
<DELETED> (1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their
security;</DELETED>
<DELETED> (2) protecting or isolating the driver;</DELETED>
<DELETED> (3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;</DELETED>
<DELETED> (4) training employees in recognizing and
responding to security threats, evacuation procedures,
passenger screening procedures, and baggage
inspection;</DELETED>
<DELETED> (5) hiring and training security
officers;</DELETED>
<DELETED> (6) installing cameras and video surveillance
equipment on over-the-road buses and at terminals, garages, and
over-the-road bus facilities;</DELETED>
<DELETED> (7) creating a program for employee identification
or background investigation;</DELETED>
<DELETED> (8) establishing and upgrading an emergency
communications system linking operational headquarters, over-
the-road buses, law enforcement, and emergency personnel;
and</DELETED>
<DELETED> (9) implementing and operating passenger screening
programs at terminals and on over-the-road buses.</DELETED>
<DELETED> (b) Federal Share.--The Federal share of the cost for
which any grant is made under this section shall be 80
percent.</DELETED>
<DELETED> (c) Due Consideration.--In making grants under this
section, the Secretary shall give due consideration to private
operators of over-the-road buses that have taken measures to enhance
bus transportation security from those in effect before September 11,
2001, and shall prioritize grant funding based on the magnitude and
severity of the security threat to bus passengers and the ability of
the funded project to reduce, or respond to, that threat.</DELETED>
<DELETED> (d) Grant Requirements.--A grant under this section shall
be subject to all the terms and conditions that a grant is subject to
under section 3038(f) of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 393).</DELETED>
<DELETED> (e) Plan Requirement.--</DELETED>
<DELETED> (1) In general.--The Secretary may not make a
grant under this section to a private operator of over-the-road
buses until the operator has first submitted to the Secretary--
</DELETED>
<DELETED> (A) a plan for making security
improvements described in subsection (a) and the
Secretary has approved the plan; and</DELETED>
<DELETED> (B) such additional information as the
Secretary may require to ensure accountability for the
obligation and expenditure of amounts made available to
the operator under the grant.</DELETED>
<DELETED> (2) Coordination.--To the extent that an
application for a grant under this section proposes security
improvements within a specific terminal owned and operated by
an entity other than the applicant, the applicant shall
demonstrate to the satisfaction of the Secretary that the
applicant has coordinated the security improvements for the
terminal with that entity.</DELETED>
<DELETED> (f) Over-the-Road Bus Defined.--In this section, the term
``over-the-road bus'' means a bus characterized by an elevated
passenger deck located over a baggage compartment.</DELETED>
<DELETED> (g) Bus Security Assessment.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall transmit to
the Senate Committee on Commerce, Science, and Transportation,
the House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a preliminary report in accordance with the
requirements of this section.</DELETED>
<DELETED> (2) Contents of preliminary report.--The
preliminary report shall include--</DELETED>
<DELETED> (A) an assessment of the over-the-road bus
security grant program;</DELETED>
<DELETED> (B) an assessment of actions already taken
to address identified security issues by both public
and private entities and recommendations on whether
additional safety and security enforcement actions are
needed;</DELETED>
<DELETED> (C) an assessment of whether additional
legislation is needed to provide for the security of
Americans traveling on over-the-road buses;</DELETED>
<DELETED> (D) an assessment of the economic impact
that security upgrades of buses and bus facilities may
have on the over-the-road bus transportation industry
and its employees;</DELETED>
<DELETED> (E) an assessment of ongoing research and
the need for additional research on over-the-road bus
security, including engine shut-off mechanisms,
chemical and biological weapon detection technology,
and the feasibility of compartmentalization of the
driver; and</DELETED>
<DELETED> (F) an assessment of industry best
practices to enhance security.</DELETED>
<DELETED> (3) Consultation with industry, labor, and other
groups.--In carrying out this section, the Secretary shall
consult with over-the-road bus management and labor
representatives, public safety and law enforcement officials,
and the National Academy of Sciences.</DELETED>
<DELETED> (h) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section--
</DELETED>
<DELETED> (1) $12,000,000 for fiscal year 2008;</DELETED>
<DELETED> (2) $25,000,000 for fiscal year 2009;
and</DELETED>
<DELETED> (3) $25,000,000 for fiscal year 2010.</DELETED>
<DELETED>Amounts made available pursuant to this subsection shall
remain available until expended.</DELETED>
<DELETED>SEC. 207. PIPELINE SECURITY AND INCIDENT RECOVERY
PLAN.</DELETED>
<DELETED> (a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of Transportation and the Pipeline and
Hazardous Materials Safety Administration, and in accordance with the
Memorandum of Understanding Annex executed on August 9, 2006, shall
develop a Pipeline Security and Incident Recovery Protocols Plan. The
plan shall include--</DELETED>
<DELETED> (1) a plan for the Federal Government to provide
increased security support to the most critical interstate and
intrastate natural gas and hazardous liquid transmission
pipeline infrastructure and operations as determined under
section 208--</DELETED>
<DELETED> (A) at high or severe security threat
levels of alert; and</DELETED>
<DELETED> (B) when specific security threat
information relating to such pipeline infrastructure or
operations exists; and</DELETED>
<DELETED> (2) an incident recovery protocol plan, developed
in conjunction with interstate and intrastate transmission and
distribution pipeline operators and terminals and facilities
operators connected to pipelines, to develop protocols to
ensure the continued transportation of natural gas and
hazardous liquids to essential markets and for essential public
health or national defense uses in the event of an incident
affecting the interstate and intrastate natural gas and
hazardous liquid transmission and distribution pipeline system,
which shall include protocols for granting access to pipeline
operators for pipeline infrastructure repair, replacement or
bypass following an incident.</DELETED>
<DELETED> (b) Existing Private and Public Sector Efforts.--The plan
shall take into account actions taken or planned by both private and
public entities to address identified pipeline security issues and
assess the effective integration of such actions.</DELETED>
<DELETED> (c) Consultation.--In developing the plan under subsection
(a), the Secretary of Homeland Security shall consult with the
Secretary of Transportation, interstate and intrastate transmission and
distribution pipeline operators, pipeline labor, first responders,
shippers of hazardous materials, State Departments of Transportation,
public safety officials, and other relevant parties.</DELETED>
<DELETED> (d) Report.--</DELETED>
<DELETED> (1) Contents.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Homeland
Security shall transmit to the Committee on Commerce, Science,
and Transportation of the Senate, the Committee on Homeland
Security of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the plan required by
subsection (a), along with an estimate of the private and
public sector costs to implement any recommendations.</DELETED>
<DELETED> (2) Format.--The Secretary may submit the report
in both classified and redacted formats if the Secretary
determines that such action is appropriate or
necessary.</DELETED>
<DELETED>SEC. 208. PIPELINE SECURITY INSPECTIONS AND
ENFORCEMENT.</DELETED>
<DELETED> (a) In General.--Within 1 year after the date of enactment
of this Act the Secretary of Homeland Security, in consultation with
the Secretary of Transportation, shall establish a program for
reviewing pipeline operator adoption of recommendations in the
September, 5, 2002, Department of Transportation Research and Special
Programs Administration Pipeline Security Information Circular,
including the review of pipeline security plans and critical facility
inspections.</DELETED>
<DELETED> (b) Review and Inspection.--Within 9 months after the date
of enactment of this Act the Secretary shall complete a review of the
pipeline security plan and an inspection of the critical facilities of
the 100 most critical pipeline operators covered by the September, 5,
2002, circular, where such facilities have not been inspected for
security purposes since September 5, 2002, by either the Department of
Homeland Security or the Department of Transportation, as determined by
the Secretary in consultation with the Secretary of
Transportation.</DELETED>
<DELETED> (c) Compliance Review Methodology.--In reviewing pipeline
operator compliance under subsections (a) and (b), the Secretary shall
utilize risk assessment methodologies to prioritize vulnerabilities and
to target inspection and enforcement actions to the most vulnerable and
critical pipeline assets.</DELETED>
<DELETED> (d) Regulations.--Within 1 year after the date of
enactment of this Act, the Secretary shall transmit to pipeline
operators and the Secretary of Transportation security recommendations
for natural gas and hazardous liquid pipelines and pipeline facilities.
If the Secretary of Homeland Security determines that regulations are
appropriate, the Secretary shall promulgate such regulations and carry
out necessary inspection and enforcement actions. Any regulations
should incorporate the guidance provided to pipeline operators by the
September 5, 2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information Circular and
contain additional requirements as necessary based upon the results of
the inspections performed under subsection (b). The regulations shall
include the imposition of civil penalties for non-compliance.</DELETED>
<DELETED> (e) Funding.--There are authorized to be appropriated to
the Secretary of Homeland Security to carry out this section--
</DELETED>
<DELETED> (1) $2,000,000 for fiscal year 2008; and</DELETED>
<DELETED> (2) $2,000,000 for fiscal year 2009.</DELETED>
<DELETED>SEC. 209. TECHNICAL CORRECTIONS.</DELETED>
<DELETED> (a) Hazmat Licenses.--Section 5103a of title 49, United
States Code, is amended--</DELETED>
<DELETED> (1) by inserting ``of Homeland Security'' after
``Secretary'' each place it appears in subsections (a)(1),
(d)(1)(b), and (e); and</DELETED>
<DELETED> (2) by redesignating subsection (h) as subsection
(i) and inserting the following after subsection (g):</DELETED>
<DELETED> ``(h) Relationship to Transportation Security Cards.--Upon
application, a State shall issue to an individual a license to operate
a motor vehicle transporting in commerce a hazardous material without
the security assessment required by this section, provided the
individual meets all other applicable requirements for such a license,
if the Secretary of Homeland Security has previously determined, under
section 70105 of title 46, United States Code, that the individual does
not pose a security risk.''.</DELETED>
<DELETED>SEC. 210. CERTAIN PERSONNEL LIMITATIONS NOT TO
APPLY.</DELETED>
<DELETED> Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the Department of
Homeland Security, does not apply to the extent that any such employees
are responsible for implementing the provisions of this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Surface Transportation and Rail
Security Act of 2007''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
TITLE I--IMPROVED RAIL SECURITY
Sec. 101. Rail transportation security risk assessment.
Sec. 102. Systemwide Amtrak security upgrades.
Sec. 103. Fire and life-safety improvements.
Sec. 104. Freight and passenger rail security upgrades.
Sec. 105. Rail security research and development.
Sec. 106. Oversight and grant procedures.
Sec. 107. Amtrak plan to assist families of passengers involved in rail
passenger accidents.
Sec. 108. Northern border rail passenger report.
Sec. 109. Rail worker security training program.
Sec. 110. Whistleblower protection program.
Sec. 111. High hazard material security risk mitigation plans.
Sec. 112. Enforcement authority.
Sec. 113. Rail security enhancements.
Sec. 114. Public awareness.
Sec. 115. Railroad high hazard material tracking.
Sec. 116. Authorization of appropriations.
TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
Sec. 201. Hazardous materials highway routing.
Sec. 202. Motor carrier high hazard material tracking.
Sec. 203. Memorandum of agreement.
Sec. 204. Hazardous materials security inspections and enforcement.
Sec. 205. Truck security assessment.
Sec. 206. National public sector response system.
Sec. 207. Over-the-road bus security assistance.
Sec. 208. Pipeline security and incident recovery plan.
Sec. 209. Pipeline security inspections and enforcement.
Sec. 210. Technical corrections.
Sec. 211. Certain personnel limitations not to apply.
Sec. 212. Maritime and surface transportation security user fee study.
SEC. 3. DEFINITIONS.
In this Act:
(1) High hazard materials.--The term ``high hazard
materials'' means quantities of poison inhalation hazard
materials, Class 2.3 gases, Class 6.1 materials, anhydrous
ammonia, and other hazardous materials that the Secretary, in
consultation with the Secretary of Transportation, determines
pose a security risk.
(2) Secretary.--Except as otherwise explicitly provided,
the term ``Secretary'' means the Secretary of Homeland
Security.
TITLE I--IMPROVED RAIL SECURITY
SEC. 101. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Risk assessment.--The Secretary shall establish a task
force, including the Transportation Security Administration,
the Department of Transportation, and other appropriate
agencies, to complete a risk assessment of freight and
passenger rail transportation (encompassing railroads, as that
term is defined in section 20102(1) of title 49, United States
Code). The assessment shall include--
(A) a methodology for conducting the risk
assessment, including timelines, that addresses how the
Department of Homeland Security will work with the
entities described in subsection (b) and make use of
existing Federal expertise within the Department of
Homeland Security, the Department of Transportation,
and other appropriate agencies;
(B) identification and evaluation of critical
assets and infrastructures;
(C) identification of risks to those assets and
infrastructures;
(D) identification of risks that are specific to
the transportation of hazardous materials via railroad;
(E) identification of risks to passenger and cargo
security, transportation infrastructure (including rail
tunnels used by passenger and freight railroads in high
threat urban areas), protection systems, operations,
communications systems, employee training, emergency
response planning, and any other area identified by the
assessment;
(F) an assessment of public and private operational
recovery plans to expedite, to the maximum extent
practicable, the return of an adversely affected
freight or passenger rail transportation system or
facility to its normal performance level after a major
terrorist attack or other security event on that system
or facility; and
(G) an account of actions taken or planned by both public
and private entities to address identified rail security issues
and assess the effective integration of such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching and car storage areas, other
rail infrastructure and facilities, information
systems, and other areas identified by the Secretary as
posing significant rail-related risks to public safety
and the movement of interstate commerce, taking into
account the impact that any proposed security measure
might have on the provision of rail service or on
operations served or otherwise affected by rail
service;
(B) deploying equipment and personnel to detect
security threats, including those posed by explosives
and hazardous chemical, biological, and radioactive
substances, and any appropriate countermeasures;
(C) training appropriate railroad or railroad
shipper employees in terrorism prevention,
preparedness, passenger evacuation, and response
activities;
(D) conducting public outreach campaigns on
passenger railroads regarding security;
(E) deploying surveillance equipment;
(F) identifying the immediate and long-term costs
of measures that may be required to address those
risks; and
(G) public and private sector sources to fund such
measures.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the
freight and intercity passenger railroads, and State
and local governments, for the Federal government to
provide adequate security support at high or severe
threat levels of alert;
(B) a plan for coordinating existing and planned
rail security initiatives undertaken by the public and
private sectors; and
(C) a contingency plan, developed in coordination
with freight and intercity and commuter passenger
railroads, to ensure the continued movement of freight
and passengers in the event of an attack affecting the
railroad system, which shall contemplate--
(i) the possibility of rerouting traffic
due to the loss of critical infrastructure,
such as a bridge, tunnel, yard, or station; and
(ii) methods of continuing railroad service
in the Northeast Corridor in the event of a
commercial power loss, or catastrophe affecting
a critical bridge, tunnel, yard, or station.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment and developing the recommendations and plans required by
subsection (a), the Secretary shall consult with rail management, rail
labor, owners or lessors of rail cars used to transport hazardous
materials, first responders, offerers of hazardous materials, public
safety officials, and other relevant parties. In developing the risk
assessment required under this section, the Secretary shall utilize
relevant existing risk assessments developed by the Department or other
Federal agencies, and, as appropriate, assessments developed by other
public and private stakeholders.
(c) Report.--
(1) Contents.--Within 1 year after the date of enactment of
this Act, the Secretary shall transmit to the Senate Committee
on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure,
and the House of Representatives Committee on Homeland Security
a report containing the assessment, prioritized
recommendations, and plans required by subsection (a) and an
estimate of the cost to implement such recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with the
Secretary of Transportation, shall update the assessment and
recommendations each year and transmit a report, which may be submitted
in both classified and redacted formats, to the Committees named in
subsection (c)(1), containing the updated assessment and
recommendations.
(e) Funding.--Out of funds appropriated pursuant to section 114(u)
of title 49, United States Code, as amended by section 116 of this Act,
there shall be made available to the Secretary to carry out this
section $5,000,000 for fiscal year 2008.
SEC. 102. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--
(1) Grants.--Subject to subsection (c) the Secretary, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration), is authorized to make
grants to Amtrak in accordance with the provisions of this
section.
(2) General purposes.--The Secretary may make such grants
for the purposes of--
(A) protecting underwater and underground assets
and systems;
(B) protecting high risk and high consequence
assets identified through system-wide risk assessments;
(C) providing counter-terrorism training;
(D) providing both visible and unpredictable
deterrence; and
(E) conducting emergency preparedness drills and
exercises.
(3) Specific projects.--The Secretary shall make such
grants--
(A) to secure major tunnel access points and ensure
tunnel integrity in New York, New Jersey, Maryland, and
Washington, DC;
(B) to secure Amtrak trains;
(C) to secure Amtrak stations;
(D) to obtain a watch list identification system
approved by the Secretary;
(E) to obtain train tracking and interoperable
communications systems that are coordinated to the
maximum extent possible;
(F) to hire additional police officers, special
agents, security officers, including canine units, and
to pay for other labor costs directly associated with
security and terrorism prevention activities;
(G) to expand emergency preparedness efforts; and
(H) for employee security training.
(b) Conditions.--The Secretary of Transportation shall disburse
funds to Amtrak provided under subsection (a) for projects contained in
a systemwide security plan approved by the Secretary. Amtrak shall
develop the security plan in consultation with constituent States and
other relevant parties. The plan shall include appropriate measures to
address security awareness, emergency response, and passenger
evacuation training and shall be consistent with State security plans
to the maximum extent practicable.
(c) Equitable Geographic Allocation.--The Secretary shall ensure
that, subject to meeting the highest security needs on Amtrak's entire
system and consistent with the risk assessment required under section
101, stations and facilities located outside of the Northeast Corridor
receive an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--Out of funds appropriated pursuant to
section 114(u) of title 49, United States Code, as amended by section
116 of this Act, there shall be made available to the Secretary and the
Assistant Secretary of Homeland Security (Transportation Security
Administration) to carry out this section--
(1) $63,500,000 for fiscal year 2008;
(2) $30,000,000 for fiscal year 2009; and
(3) $30,000,000 for fiscal year 2010.
Amounts appropriated pursuant to this subsection shall remain available
until expended.
SEC. 103. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary, is authorized to make grants to Amtrak
for the purpose of making fire and life-safety improvements to Amtrak
tunnels on the Northeast Corridor in New York, New Jersey, Maryland,
and Washington, DC.
(b) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 116(b) of this Act, there shall be made available
to the Secretary of Transportation for the purposes of carrying out
subsection (a) the following amounts:
(1) For the 6 New York and New Jersey tunnels to provide
ventilation, electrical, and fire safety technology upgrades,
emergency communication and lighting systems, and emergency
access and egress for passengers--
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009;
(C) $100,000,000 for fiscal year 2010; and
(D) $100,000,000 for fiscal year 2011.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2008;
(B) $10,000,000 for fiscal year 2009;
(C) $10,000,000 for fiscal year 2010; and
(D) $10,000,000 for fiscal year 2011.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $8,000,000 for fiscal year 2008;
(B) $8,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010; and
(D) $8,000,000 for fiscal year 2011.
(c) Infrastructure Upgrades.--Out of funds appropriated pursuant to
section 116(b) of this Act, there shall be made available to the
Secretary of Transportation for fiscal year 2008 $3,000,000 for the
preliminary design of options for a new tunnel on a different alignment
to augment the capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made available
pursuant to this section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may not make
amounts available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1) and (2) of
subsection (e) and approve or disapprove the plans within 45 days after
the date on which each such plan is submitted by Amtrak. If the
Secretary determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or deficiencies
and Amtrak shall, within 30 days after receiving the Secretary's
notification, submit a modified plan for the Secretary's review. Within
15 days after receiving additional information on items previously
included in the plan, and within 45 days after receiving items newly
included in a modified plan, the Secretary shall either approve the
modified plan, or, if the Secretary finds the plan is still incomplete
or deficient, the Secretary shall identify in writing to the Senate
Committee on Commerce, Science, and Transportation, the House of
Representatives Committee on Transportation and Infrastructure, and the
House of Representatives Committee on Homeland Security the portions of
the plan the Secretary finds incomplete or deficient, approve all other
portions of the plan, obligate the funds associated with those other
portions, and execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions of the
plan.
(g) Financial Contribution From Other Tunnel Users.--The Secretary
shall, taking into account the need for the timely completion of all
portions of the tunnel projects described in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. 104. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary, through the
Assistant Secretary of Homeland Security (Transportation Security
Administration) and other appropriate agencies or officials, is
authorized to make grants to freight railroads, the Alaska Railroad,
hazardous materials offerers, owners of rail cars used in the
transportation of hazardous materials, universities, colleges and
research centers, State and local governments (for rail passenger
facilities and infrastructure not owned by Amtrak), and, through the
Secretary of Transportation, to Amtrak, for full or partial
reimbursement of costs incurred in the conduct of activities to prevent
or respond to acts of terrorism, sabotage, or other intercity passenger
rail and freight rail security risks identified under section 101,
including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their resistance
to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 101, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under this
section are expended in accordance with the purposes of this title and
the priorities and other criteria developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk as determined under section
101, and shall encourage non-Federal financial participation in
projects funded by grants awarded under this section. With respect to
grants for intercity passenger rail security, the Secretary shall also
take into account passenger volume and whether stations or facilities
are used by commuter rail passengers as well as intercity rail
passengers.
(d) Conditions.--The Secretary of Transportation may not disburse
funds to Amtrak under subsection (a) unless Amtrak meets the conditions
set forth in section 102(b) of this Act.
(e) Allocation Between Railroads and Others.--Unless as a result of
the assessment required by section 101 the Secretary determines that
critical rail transportation security needs require reimbursement in
greater amounts to any eligible entity, no grants under this section
may be made cumulatively over the period authorized by this Act--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code, as amended
by section 116 of this Act, there shall be made available to the
Secretary to carry out this section--
(1) $100,000,000 for fiscal year 2008;
(2) $100,000,000 for fiscal year 2009; and
(3) $100,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 105. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, through the Under Secretary for Science and Technology and
the Assistant Secretary of Homeland Security (Transportation Security
Administration), in consultation with the Secretary of Transportation
shall carry out a research and development program for the purpose of
improving freight and intercity passenger rail security that may
include research and development projects to--
(1) reduce the risk of terrorist attacks on rail
transportation, including risks posed by explosives and
hazardous chemical, biological, and radioactive substances to
intercity rail passengers, facilities, and equipment;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight rail security technologies,
including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car
or other rail car used to transport hazardous materials
and transmit information about the integrity of cars to
the train crew or dispatcher;
(B) research to improve tank car integrity, with a
focus on tank cars that carry high hazard materials (as
defined in section 104(g) of this Act); and
(C) techniques to transfer hazardous materials from
rail cars that are damaged or otherwise represent an
unreasonable risk to human life or public safety; and
(6) other projects that address risks identified under
section 101.
(b) Coordination With Other Research Initiatives.--The Secretary
shall ensure that the research and development program authorized by
this section is coordinated with other research and development
initiatives at the Department of Homeland Security and the Department
of Transportation. The Secretary shall carry out any research and
development project authorized by this section through a reimbursable
agreement with the Secretary of Transportation, if the Secretary of
Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research and
development program, the Secretary may award grants to the entities
described in section 104(a) and shall adopt necessary procedures,
including audits, to ensure that grants made under this section are
expended in accordance with the purposes of this title and the
priorities and other criteria developed by the Secretary.
(d) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 114(u) of title 49, United States Code, as amended
by section 116 of this Act, there shall be made available to the
Secretary to carry out this section--
(1) $33,000,000 for fiscal year 2008;
(2) $33,000,000 for fiscal year 2009; and
(3) $33,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 106. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary may award contracts to
audit and review the safety, security, procurement, management, and
financial compliance of a recipient of amounts under this Act.
(b) Procedures for Grant Award.--The Secretary shall, within 180
days after the date of enactment of this Act, prescribe procedures and
schedules for the awarding of grants under this title, including
application and qualification procedures (including a requirement that
the applicant have a security plan), and a record of decision on
applicant eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary and shall
be consistent, to the extent practicable, with the grant procedures
established under section 70107 of title 46, United States Code.
(c) Additional Authority.--The Secretary may issue nonbinding
letters under similar terms to those issued pursuant to section
47110(e) of title 49, United States Code, to sponsors of rail projects
funded under this Act.
SEC. 107. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN RAIL
PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date
of the enactment of the Surface Transportation and Rail Security Act of
2007, Amtrak shall submit to the Chairman of the National
Transportation Safety Board, the Secretary of Transportation, and the
Secretary of Homeland Security a plan for addressing the needs of the
families of passengers involved in any rail passenger accident
involving an Amtrak intercity train and resulting in a loss of life.
``(b) Contents of Plans.--The plan to be submitted by Amtrak under
subsection (a) shall include, at a minimum, the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security,
immediately upon request, a list (which is based on the best
available information at the time of the request) of the names
of the passengers aboard the train (whether or not such names
have been verified), and will periodically update the list. The
plan shall include a procedure, with respect to unreserved
trains and passengers not holding reservations on other trains,
for Amtrak to use reasonable efforts to ascertain the number
and names of passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within Amtrak's control; that any
possession of the passenger within Amtrak's control will be
returned to the family unless the possession is needed for the
accident investigation or any criminal investigation; and that
any unclaimed possession of a passenger within Amtrak's control
will be retained by the rail passenger carrier for at least 18
months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--Neither National Transportation Safety
Board, the Secretary of Transportation, the Secretary of Homeland
Security, nor Amtrak may release any personal information on a list
obtained under subsection (b)(1) but may provide information on the
list about a passenger to the family of the passenger to the extent
that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable for
damages in any action brought in a Federal or State court arising out
of the performance of Amtrak under this section in preparing or
providing a passenger list, or in providing information concerning a
train reservation, pursuant to a plan submitted by Amtrak under
subsection (b), unless such liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that Amtrak may take,
or the obligations that Amtrak may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to section
116(b) of the Surface Transportation and Rail Security Act of 2007,
there shall be made available to the Secretary of Transportation for
the use of Amtrak $500,000 for fiscal year 2008 to carry out this
section. Amounts made available pursuant to this subsection shall
remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end the
following:
``24316. Plan to assist families of passengers involved in rail
passenger accidents.''.
SEC. 108. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 1 year after the date of enactment of this Act, the
Secretary, in consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration), the Secretary of
Transportation, heads of other appropriate Federal departments, and
agencies and the National Railroad Passenger Corporation, shall
transmit a report to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of Representatives
Committee on Homeland Security that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of Principle
for the Improved Security of Rail Shipments by Canadian
National Railway and Canadian Pacific Railway from Canada to
the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. 109. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Transportation, appropriate law enforcement, security, and terrorism
experts, representatives of railroad carriers and shippers, and
nonprofit employee organizations that represent rail workers, shall
develop and issue detailed guidance for a rail worker security training
program to prepare front-line workers for potential threat conditions.
The guidance shall take into consideration any current security
training requirements or best practices.
(b) Program Elements.--The guidance developed under subsection (a)
shall include elements appropriate to passenger and freight rail
service that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology, behavior, and methods of terrorists.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days after the
Secretary issues guidance under subsection (a) in final form, each
railroad carrier shall develop a rail worker security training program
in accordance with that guidance and submit it to the Secretary for
review. Not later than 90 days after receiving a railroad carrier's
program under this subsection, the Secretary shall review the program
and transmit comments to the railroad carrier concerning any revisions
the Secretary considers necessary for the program to meet the guidance
requirements. A railroad carrier shall respond to the Secretary's
comments within 90 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary reviews
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall
review implementation of the training program of a representative
sample of railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security on the number of reviews
conducted and the results. The Secretary may submit the report in both
classified and redacted formats as necessary.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) as appropriate to reflect new or different
security threats. Railroad carriers shall revise their programs
accordingly and provide additional training to their front-line workers
within a reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, locomotive
engineers, conductors, trainmen, other onboard employees, maintenance
and maintenance support personnel, bridge tenders, as well as other
appropriate employees of railroad carriers, as defined by the
Secretary.
(g) Other Employees.--The Secretary shall issue guidance and best
practices for a rail shipper employee security program containing the
elements listed under subsection (b) as appropriate.
SEC. 110. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49, United
States Code, is amended by inserting after section 20117 the following:
``Sec. 20118. Whistleblower protection for rail security matters
``(a) Discrimination Against Employee.--A railroad carrier engaged
in interstate or foreign commerce may not discharge or in any way
discriminate against an employee because the employee, whether acting
for the employee or as a representative, has--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the Federal
Government information relating to a reasonably perceived
threat, in good faith, to security; or
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of the
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than 180 days
after it is filed. If the violation is a form of discrimination that
does not involve discharge, suspension, or another action affecting
pay, and no other remedy is available under this subsection, the Board,
division, delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more than
$20,000.
``(c) Procedural Requirements.--Except as provided in subsection
(b), the procedure set forth in section 42121(b)(2)(B) of this
subtitle, including the burdens of proof, applies to any complaint
brought under this section.
``(d) Election of Remedies.--An employee of a railroad carrier may
not seek protection under both this section and another provision of
law for the same allegedly unlawful act of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation or Secretary of Homeland Security
may not disclose the name of an employee of a railroad carrier
who has provided information about an alleged violation of this
section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20117 the following:
``20118. Whistleblower protection for rail security matters.''.
SEC. 111. HIGH HAZARD MATERIAL SECURITY RISK MITIGATION PLANS.
(a) In General.--The Secretary, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security Administration)
and the Secretary of Transportation, shall require rail carriers
transporting a high hazard material, as defined in section 104(g) of
this Act to develop a high hazard material security risk mitigation
plan containing appropriate measures, including alternative routing and
temporary shipment suspension options, to address assessed risks to
high consequence targets. The plan, and any information submitted to
the Secretary under this section shall be protected as sensitive
security information under the regulations prescribed under section
114(s) of title 49, United States Code.
(b) Implementation.--A high hazard material security risk
mitigation plan shall be put into effect by a rail carrier for the
shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe or specific intelligence of probable or
imminent threat exists towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high
hazard materials to the Secretary within 60 days after
the date of enactment of this Act;
(B) develop and submit a high hazard material
security risk mitigation plan to the Secretary within
180 days after it receives the notice of high
consequence targets on such routes by the Secretary
that includes an operational recovery plan to expedite,
to the maximum extent practicable, the return of an
adversely affected rail system or facility to its
normal performance level following a major terrorist
attack or other security incident; and
(C) submit any subsequent revisions to the plan to
the Secretary within 30 days after making the
revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad carrier
shall respond to the Secretary's comments within 30 days after
receiving them. Each rail carrier shall update and resubmit its
plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means property,
infrastructure, public space, or natural resource designated by
the Secretary that is a viable terrorist target of national
significance, the attack of which could result in--
(A) catastrophic loss of life;
(B) significant damage to national security or
defense capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.
SEC. 112. ENFORCEMENT AUTHORITY.
(a) In General.--Section 114 of title 49, United States Code, as
amended by section 116 of this Act, is further amended by adding at the
end thereof the following:
``(v) Enforcement of Regulations and Orders of the Secretary of
Homeland Security Issued Under This Title.--
``(1) Application of subsection.--
``(A) In general.--This subsection applies to the
enforcement of regulations prescribed, and orders
issued, by the Secretary of Homeland Security under a
provision of this title other than a provision of
chapter 449.
``(B) Violations of chapter 449.--The penalties for
violations of regulations prescribed, and orders
issued, by the Secretary of Homeland Security under
chapter 449 of this title are provided under chapter
463 of this title.
``(C) Nonapplication to certain violations.--
``(i) Paragraphs (2) through (5) of this
subsection do not apply to violations of
regulations prescribed, and orders issued, by
the Secretary of Homeland Security under a
provision of this title--
``(I) involving the transportation
of personnel or shipments of materials
by contractors where the Department of
Defense has assumed control and
responsibility;
``(II) by a member of the armed
forces of the United States when
performing official duties; or
``(III) by a civilian employee of
the Department of Defense when
performing official duties.
``(ii) Violations described in subclause
(I), (II), or (III) of clause (i) shall be
subject to penalties as determined by the
Secretary of Defense or the Secretary's
designee.
``(2) Civil penalty.--
``(A) In general.--A person is liable to the United
States Government for a civil penalty of not more than
$10,000 for a violation of a regulation prescribed, or
order issued, by the Secretary of Homeland Security
under this title.
``(B) Repeat violations.--A separate violation
occurs under this paragraph for each day the violation
continues.
``(3) Administrative imposition of civil penalties.--
``(A) In general.--The Secretary of Homeland
Security may impose a civil penalty for a violation of
a regulation prescribed, or order issued, under this
title. The Secretary shall give written notice of the
finding of a violation and the penalty.
``(B) Scope of civil action.--In a civil action to
collect a civil penalty imposed by the Secretary under
this subsection, the court may not re-examine issues of
liability or the amount of the penalty.
``(C) Jurisdiction.--The district courts of the
United States have exclusive jurisdiction of civil
actions to collect a civil penalty imposed by the
Secretary under this subsection if--
``(i) the amount in controversy is more
than--
``(I) $400,000, if the violation
was committed by a person other than an
individual or small business concern;
or
``(II) $50,000, if the violation
was committed by an individual or small
business concern;
``(ii) the action is in rem or another
action in rem based on the same violation has
been brought; or
``(iii) another action has been brought for
an injunction based on the same violation.
``(D) Maximum penalty.--The maximum penalty the
Secretary may impose under this paragraph is--
``(i) $400,000, if the violation was
committed by a person other than an individual
or small business concern; or
``(ii) $50,000, if the violation was
committed by an individual or small business
concern.
``(4) Compromise and setoff.--
``(A) The Secretary may compromise the amount of a
civil penalty imposed under this subsection. If the
Secretary compromises the amount of a civil penalty
under this subparagraph, the Secretary shall--
``(i) notify the Senate Committee on
Commerce, Science, and Transportation and the
House of Representatives Committee on Homeland
Security of the compromised penalty and explain
the rationale therefor; and
``(ii) make the explanation available to
the public to the extent feasible without
compromising security.
``(B) The Government may deduct the amount of a
civil penalty imposed or compromised under this
subsection from amounts it owes the person liable for
the penalty.
``(5) Investigations and proceedings.--Chapter 461 of this
title shall apply to investigations and proceedings brought
under this subsection to the same extent that it applies to
investigations and proceedings brought with respect to aviation
security duties designated to be carried out by the Secretary.
``(6) Definitions.--In this subsection:
``(A) Person.--The term `person' does not include--
``(i) the United States Postal Service; or
``(ii) the Department of Defense.
``(B) Small business concern.--The term `small
business concern' has the meaning given that term in
section 3 of the Small Business Act (15 U.S.C. 632).''.
(b) Conforming Amendment.--Section 46301(a)(4) of title 49, United
States Code is amended by striking ``or another requirement under this
title administered by the Under Secretary of Transportation for
Security''.
(c) Rail Safety Regulations.--Section 20103(a) of title 49, United
States Code, is amended by striking ``safety'' the first place it
appears, and inserting ``safety, including security,''.
SEC. 113. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by adding at the end the following:
``(b) Assignment.--A rail police officer employed by a rail carrier
and certified or commissioned as a police officer under the laws of a
State may be temporarily assigned to assist a second rail carrier in
carrying out law enforcement duties upon the request of the second rail
carrier, at which time the police officer shall be considered to be an
employee of the second rail carrier and shall have authority to enforce
the laws of any jurisdiction in which the second rail carrier owns
property to the same extent as provided in subsection (a).''.
(b) Model State Legislation.--By no later than September 7, 2007,
the Secretary of Transportation shall develop model State legislation
to address the problem of entities that claim to be rail carriers in
order to establish and run a police force when the entities do not in
fact provide rail transportation and shall make it available to State
governments. In developing the model State legislation the Secretary
shall solicit the input of the States, railroads companies, and
railroad employees. The Secretary shall review and, if necessary,
revise such model State legislation periodically.
SEC. 114. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of Transportation, shall
develop a national plan for public outreach and awareness. Such plan
shall be designed to increase awareness of measures that the general
public, railroad passengers, and railroad employees can take to
increase railroad system security. Such plan shall also provide
outreach to railroad carriers and their employees to improve their
awareness of available technologies, ongoing research and development
efforts, and available Federal funding sources to improve railroad
security. Not later than 9 months after the date of enactment of this
Act, the Secretary shall implement the plan developed under this
section.
SEC. 115. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 105 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration), shall develop a program that will
encourage the equipping of rail cars transporting high hazard
materials (as defined in section 104(g) of this Act) with
technology that provides--
(A) car position location and tracking
capabilities; and
(B) notification of rail car depressurization,
breach, unsafe temperature, or release of hazardous
materials.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for rail car tracking at the Department of
Transportation; and
(B) ensure that the program is consistent with
recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.
(b) Funding.--Out of funds appropriated pursuant to section 114(u)
of title 49, United States Code, as amended by section 116 of this Act,
there shall be made available to the Secretary to carry out this
section $3,000,000 for each of fiscal years 2008, 2009, and 2010.
SEC. 116. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--Section
114 of title 49, United States Code, is amended by adding at the end
thereof the following:
``(u) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security for rail security--
``(1) $205,000,000 for fiscal year 2008;
``(2) $166,000,000 for fiscal year 2009; and
``(3) $166,000,000 for fiscal year 2010.''.
(b) Department of Transportation.--There are authorized to be
appropriated to the Secretary of Transportation to carry out this title
and sections 20118 and 24316 of title 49, United States Code, as added
by this Act--
(1) $121,000,000 for fiscal year 2008;
(2) $118,000,000 for fiscal year 2009;
(3) $118,000,000 for fiscal year 2010; and
(4) $118,000,000 for fiscal year 2011.
TITLE II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
SEC. 201. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Within one year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary, shall--
(1) document existing and proposed routes for the
transportation of radioactive and non-radioactive hazardous
materials by motor carrier, and develop a framework for using a
Geographic Information System-based approach to characterize
routes in the National Hazardous Materials Route Registry;
(2) assess and characterize existing and proposed routes
for the transportation of radioactive and non-radioactive
hazardous materials by motor carrier for the purpose of
identifying measurable criteria for selecting routes based on
safety and security concerns;
(3) analyze current route-related hazardous materials
regulations in the United States, Canada, and Mexico to
identify cross-border differences and conflicting regulations;
(4) document the concerns of the public, motor carriers,
and State, local, territorial, and tribal governments about the
highway routing of hazardous materials for the purpose of
identifying and mitigating security risks associated with
hazardous material routes;
(5) prepare guidance materials for State officials to
assist them in identifying and reducing both safety concerns
and security risks when designating highway routes for
hazardous materials consistent with the 13 safety-based non-
radioactive materials routing criteria and radioactive
materials routing criteria in Subpart C part 397 of title 49,
Code of Federal Regulations;
(6) develop a tool that will enable State officials to
examine potential routes for the highway transportation of
hazardous material and assess specific security risks
associated with each route and explore alternative mitigation
measures; and
(7) transmit to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives Committee
on Transportation and Infrastructure a report on the actions
taken to fulfill paragraphs (1) through (6) of this subsection
and any recommended changes to the routing requirements for the
highway transportation of hazardous materials in part 397 of
title 49, Code of Federal Regulations.
(b) Route Plans.--
(1) Assessment.--Within one year after the date of
enactment of this Act, the Secretary of Transportation shall
complete an assessment of the safety and national security
benefits achieved under existing requirements for route plans,
in written or electronic format, for explosives and radioactive
materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of
Transportation recordable incidents and the severity of
such incidents for shipments of explosives and
radioactive materials for which such route plans are
required with the percentage of recordable incidents
and the severity of such incidents for shipments of
explosives and radioactive materials not subject to
such route plans; and
(B) quantify the security and safety benefits,
feasibility, and costs of requiring each motor carrier
that is required to have a hazardous material safety
permit under part 385 of title 49, Code of Federal
Regulations, to maintain, follow, and carry such a
route plan that meets the requirements of section
397.101 of that title when transporting the type and
quantity of hazardous materials described in section
385.403 of that title, taking into account the various
segments of the trucking industry, including tank
truck, truckload and less than truckload carriers.
(2) Report.--Within one year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report
to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing the findings and
conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor carriers that
have a hazardous material safety permit under part 385 of title 49,
Code of Federal Regulations, to maintain, follow, and carry a route
plan, in written or electronic format, that meets the requirements of
section 397.101 of that title when transporting the type and quantity
of hazardous materials described in section 385.403 of that title if
the Secretary determines, under the assessment required in subsection
(b), that such a requirement would enhance the security and safety of
the nation without imposing unreasonable costs or burdens upon motor
carriers.
SEC. 202. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.
(a) Communications--
(1) In General.--Consistent with the findings of the
Transportation Security Administration's Hazmat Truck Security
Pilot Program and within 6 months after the date of enactment
of this Act, the Secretary, through the Transportation Security
Administration and in consultation with the Secretary of
Transportation, shall develop a program to encourage the
tracking of motor carrier shipments of high hazard materials as
defined in this Act with communications technology that
provides--
(A) frequent or continuous communications;
(B) vehicle position location and tracking
capabilities; and
(C) a feature that allows a driver of such vehicles
to broadcast an emergency message.
(2) Considerations.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for motor carrier or high hazardous materials
tracking at the Department of Transportation;
(B) take into consideration the recommendations and
findings of the report on the Hazardous Material Safety
and Security Operation Field Test released by the
Federal Motor Carrier Safety Administration on November
11, 2004;
(C) evaluate--
(i) any new information related to the cost
and benefits of deploying and utilizing
tracking technology for motor carriers
transporting high hazard materials not included
in the Hazardous Material Safety and Security
Operation Field Test Report released by the
Federal Motor Carrier Safety Administration on
November 11, 2004;
(ii) the ability of tracking technology to
resist tampering and disabling;
(iii) the capability of tracking technology
to collect, display, and store information
regarding the movements of shipments of high
hazard materials by commercial motor vehicles;
(iv) the appropriate range of contact
intervals between the tracking technology and a
commercial motor vehicle transporting high
hazard materials; and
(v) technology that allows the installation
by a motor carrier of concealed electronic
devices on commercial motor vehicles that can
be activated by law enforcement authorities and
alert emergency response resources to locate
and recover security sensitive material in the
event of loss or theft of such material.
(b) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section $3,000,000 for each of fiscal years
2008, 2009, and 2010.
SEC. 203. MEMORANDUM OF AGREEMENT.
Similar to the other security annexes between the two departments,
within 1 year after the date of enactment of this Act, the Secretary of
Transportation and the Secretary shall execute and develop an annex to
the memorandum of agreement between the two departments signed on
September 28, 2004, governing the specific roles, delineations of
responsibilities, resources and commitments of the Department of
Transportation and the Department of Homeland Security, respectively,
in addressing motor carrier transportation security matters, including
the processes the departments will follow to promote communications,
efficiency, and nonduplication of effort.
SEC. 204. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--The Secretary shall establish a program within the
Transportation Security Administration, in consultation with the
Secretary of Transportation, for reviewing hazardous materials security
plans required under part 172, title 49, Code of Federal Regulations,
within 180 days after the date of enactment of this Act. In
establishing the program, the Secretary shall ensure that--
(1) the program does not subject carriers to unnecessarily
duplicative reviews of their security plans by the 2
departments; and
(2) a common set of standards is used to review the
security plans.
(b) Civil Penalty.--The failure, by an offerer, carrier, or other
person subject to part 172 of title 49, Code of Federal Regulations, to
comply with any applicable section of that part within 180 days after
being notified by the Secretary of such failure to comply, is
punishable by a civil penalty imposed by the Secretary under title 49,
United States Code. For purposes of this subsection, each day of
noncompliance after the 181st day following the date on which the
offerer, carrier, or other person received notice of the failure shall
constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of hazardous
materials offerers, carriers, or other persons subject to part 172 of
title 49, Code of Federal Regulations, with the provisions of that
part, the Secretary shall utilize risk assessment methodologies to
prioritize review and enforcement actions of the highest risk hazardous
materials transportation operations.
(d) Transportation Costs Study.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in conjunction
with the Secretary, shall study to what extent the insurance, security,
and safety costs borne by railroad carriers, motor carriers, pipeline
carriers, air carriers, and maritime carriers associated with the
transportation of hazardous materials are reflected in the rates paid
by offerers of such commodities as compared to the costs and rates
respectively for the transportation of non-hazardous materials.
(e) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
SEC. 205. TRUCK SECURITY ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of Transportation, shall
transmit to the Senate Committee on Commerce, Science, and
Transportation, Senate Committee on Finance, the House of
Representatives Committee on Transportation and Infrastructure, the
House of Representatives Committee on Homeland Security, and the House
of Representatives Committee on Ways and Means, a report on security
issues related to the trucking industry that includes--
(1) an assessment of actions already taken to address
identified security issues by both public and private entities;
(2) an assessment of the economic impact that security
upgrades of trucks, truck equipment, or truck facilities may
have on the trucking industry and its employees, including
independent owner-operators;
(3) an assessment of ongoing research and the need for
additional research on truck security;
(4) an assessment of industry best practices to enhance
security; and
(5) an assessment of the current status of secure motor
carrier parking.
SEC. 206. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.
(a) Development.--The Secretary, in conjunction with the Secretary
of Transportation, shall consider the development of a national public
sector response system to receive security alerts, emergency messages,
and other information used to track the transportation of high hazard
materials which can provide accurate, timely, and actionable
information to appropriate first responder, law enforcement and public
safety, and homeland security officials, as appropriate, regarding
accidents, threats, thefts, or other safety and security risks or
incidents. In considering the development of this system, they shall
consult with law enforcement and public safety officials, hazardous
material shippers, motor carriers, railroads, organizations
representing hazardous material employees, State transportation and
hazardous materials officials, private for-profit and non-profit
emergency response organizations, and commercial motor vehicle and
hazardous material safety groups. Consideration of development of the
national public sector response system shall be based upon the public
sector response center developed for the Transportation Security
Administration hazardous material truck security pilot program and
hazardous material safety and security operational field test
undertaken by the Federal Motor Carrier Safety Administration.
(b) Capability.--The national public sector response system to be
considered shall be able to receive, as appropriate--
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) Characteristics.--The national public sector response system to
be considered shall--
(1) be an exception-based system;
(2) be integrated with other private and public sector
operation reporting and response systems and all Federal
homeland security threat analysis systems or centers (including
the National Response Center); and
(3) provide users the ability to create rules for alert
notification messages.
(d) Carrier Participation.--The Secretary shall coordinate with
motor carriers and railroads transporting high hazard materials,
entities acting on their behalf who receive communication alerts from
motor carriers or railroads, or other Federal agencies that receive
security and emergency related notification regarding high hazard
materials in transit to facilitate the provisions of the information
listed in subsection (b) to the national public sector response system
to the extent possible if the system is established.
(e) Data Privacy.--The national public sector response system shall
be designed to ensure appropriate protection of data and information
relating to motor carriers, railroads, and employees.
(f) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall transmit to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security a report on whether to
establish a national public sector response system and the estimated
total public and private sector costs to establish and annually operate
such a system, together with any recommendations for generating private
sector participation and investment in the development and operation of
such a system.
(g) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
(1) $1,000,000 for fiscal year 2008;
(2) $1,000,000 for fiscal year 2009; and
(3) $1,000,000 for fiscal year 2010.
SEC. 207. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary shall establish a program within the
Transportation Security Administration for making grants to private
operators of over-the-road buses or over-the-road bus terminal
operators for the purposes of emergency preparedness drills and
exercises, protecting high risk/high consequence assets identified
through system-wide risk assessment, counter-terrorism training,
visible/unpredictable deterrence, public awareness and preparedness
campaigns, and including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security risks, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing and upgrading emergency communications
tracking and control systems; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Due Consideration.--In making grants under this section, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001, and shall
prioritize grant funding based on the magnitude and severity of the
security risks to bus passengers and the ability of the funded project
to reduce, or respond to, that risk.
(c) Grant Requirements.--A grant under this section shall be
subject to all the terms and conditions that a grant is subject to
under section 3038(f) of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 393).
(d) Plan Requirement.--
(1) In general.--The Secretary may not make a grant under
this section to a private operator of over-the-road buses until
the operator has first submitted to the Secretary--
(A) a plan for making security improvements
described in subsection (a) and the Secretary has
reviewed or approved the plan; and
(B) such additional information as the Secretary
may require to ensure accountability for the obligation
and expenditure of amounts made available to the
operator under the grant.
(2) Coordination.--To the extent that an application for a
grant under this section proposes security improvements within
a specific terminal owned and operated by an entity other than
the applicant, the applicant shall demonstrate to the
satisfaction of the Secretary that the applicant has
coordinated the security improvements for the terminal with
that entity.
(e) Over-the-Road Bus Defined.--In this section, the term ``over-
the-road bus'' means a bus characterized by an elevated passenger deck
located over a baggage compartment.
(f) Bus Security Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation, the
House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report in accordance with the requirements
of this section.
(2) Contents of report.--The report shall include--
(A) an assessment of the over-the-road bus security
grant program;
(B) an assessment of actions already taken to
address identified security issues by both public and
private entities and recommendations on whether
additional safety and security enforcement actions are
needed;
(C) an assessment of whether additional legislation
is needed to provide for the security of Americans
traveling on over-the-road buses;
(D) an assessment of the economic impact that
security upgrades of buses and bus facilities may have
on the over-the-road bus transportation industry and
its employees;
(E) an assessment of ongoing research and the need
for additional research on over-the-road bus security,
including engine shut-off mechanisms, chemical and
biological weapon detection technology, and the
feasibility of compartmentalization of the driver;
(F) an assessment of industry best practices to
enhance security; and
(G) an assessment of school bus security, if the
Secretary deems it appropriate.
(3) Consultation with industry, labor, and other groups.--
In carrying out this section, the Secretary shall consult with
over-the-road bus management and labor representatives, public
safety and law enforcement officials, and the National Academy
of Sciences.
(g) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
(1) $12,000,000 for fiscal year 2008;
(2) $25,000,000 for fiscal year 2009; and
(3) $25,000,000 for fiscal year 2010.
Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 208. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation and the Pipeline and Hazardous Materials Safety
Administration, and in accordance with the Memorandum of Understanding
Annex executed on August 9, 2006, shall develop a Pipeline Security and
Incident Recovery Protocols Plan. The plan shall include--
(1) a plan for the Federal Government to provide increased
security support to the most critical interstate and intrastate
natural gas and hazardous liquid transmission pipeline
infrastructure and operations as determined under section 209--
(A) at severe security threat levels of alert; or
(B) when specific security threat information
relating to such pipeline infrastructure or operations
exists; and
(2) an incident recovery protocol plan, developed in
conjunction with interstate and intrastate transmission and
distribution pipeline operators and terminals and facilities
operators connected to pipelines, to develop protocols to
ensure the continued transportation of natural gas and
hazardous liquids to essential markets and for essential public
health or national defense uses in the event of an incident
affecting the interstate and intrastate natural gas and
hazardous liquid transmission and distribution pipeline system,
which shall include protocols for granting access to pipeline
operators for pipeline infrastructure repair, replacement or
bypass following an incident.
(b) Existing Private and Public Sector Efforts.--The plan shall
take into account actions taken or planned by both private and public
entities to address identified pipeline security issues and assess the
effective integration of such actions.
(c) Consultation.--In developing the plan under subsection (a), the
Secretary shall consult with the Secretary of Transportation,
interstate and intrastate transmission and distribution pipeline
operators, pipeline labor, first responders, shippers, State pipeline
safety agencies, public safety officials, and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
containing the plan required by subsection (a), along with an
estimate of the private and public sector costs to implement
any recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
SEC. 209. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Within 1 year after the date of enactment of this
Act the Secretary, in consultation with the Secretary of
Transportation, shall establish a program for reviewing pipeline
operator adoption of recommendations in the September, 5, 2002,
Department of Transportation Research and Special Programs
Administration Pipeline Security Information Circular, including the
review of pipeline security plans and critical facility inspections.
(b) Review and Inspection.--Within 9 months after the date of
enactment of this Act the Secretary and the Secretary of Transportation
shall develop and implement a plan for reviewing the pipeline security
plan and an inspection of the critical facilities of the 100 most
critical pipeline operators covered by the September, 5, 2002,
circular, where such facilities have not been inspected for security
purposes since September 5, 2002, by either the Department of Homeland
Security or the Department of Transportation.
(c) Compliance Review Methodology--In reviewing pipeline operator
compliance under subsections (a) and (b), risk assessment methodologies
shall be used to prioritize risks and to target inspection and
enforcement actions to the highest risk pipeline assets.
(d) Regulations.--Within 1 year after the date of enactment of this
Act, the Secretary and the Secretary of Transportation shall develop
and transmit to pipeline operators security recommendations for natural
gas and hazardous liquid pipelines and pipeline facilities. If the
Secretary determines that regulations are appropriate, the Secretary
shall consult with the Secretary of Transportation on the extent of
risk and appropriate mitigation measures, and the Secretary or the
Secretary of Transportation, consistent with the memorandum of
understanding annex signed on August 9, 2006, shall promulgate such
regulations and carry out necessary inspection and enforcement actions.
Any regulations should incorporate the guidance provided to pipeline
operators by the September 5, 2002, Department of Transportation
Research and Special Programs Administration's Pipeline Security
Information Circular and contain additional requirements as necessary
based upon the results of the inspections performed under subsection
(b). The regulations shall include the imposition of civil penalties
for non-compliance.
(e) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
(1) $2,000,000 for fiscal year 2008; and
(2) $2,000,000 for fiscal year 2009.
SEC. 210. TECHNICAL CORRECTIONS.
(a) Hazmat Licenses.--Section 5103a of title 49, United States
Code, is amended--
(1) by inserting ``of Homeland Security'' after
``Secretary'' each place it appears in subsections (a)(1),
(d)(1)(b), and (e); and
(2) by redesignating subsection (h) as subsection (i) and
inserting the following after subsection (g):
``(h) Relationship to Transportation Security Cards.--Upon
application, a State shall issue to an individual a license to operate
a motor vehicle transporting in commerce a hazardous material without
the security assessment required by this section, provided the
individual meets all other applicable requirements for such a license,
if the Secretary of Homeland Security has previously determined, under
section 70105 of title 46, United States Code, that the individual does
not pose a security risk.''.
SEC. 211. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the Department of
Homeland Security, does not apply to the extent that any such employees
are responsible for implementing the provisions of this Act.
SEC. 212. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.
(a) In General.--The Secretary of Homeland Security shall conduct a
study of the need for, and feasibility of, establishing a system of
maritime and surface transportation-related user fees that may be
imposed and collected as a dedicated revenue source, on a temporary or
continuing basis, to provide necessary funding for legitimate
improvements to, and maintenance of, maritime and surface
transportation security. In developing the study, the Secretary shall
consult with maritime and surface transportation carriers, shippers,
passengers, facility owners and operators, and other persons as
determined by the Secretary. Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that contains--
(1) the results of the study;
(2) an assessment of the annual sources of funding
collected through maritime and surface transportation at ports
of entry and a detailed description of the distribution and use
of such funds, including the amount and percentage of such
sources that are dedicated to improve and maintain security;
(3)(A) an assessment of the fees, charges, and standards
imposed on United States ports, port terminal operators,
shippers, carriers, and other persons who use United States
ports of entry compared with the fees and charges imposed on
Canadian and Mexican ports, Canadian and Mexican port terminal
operators, shippers, carriers, and other persons who use
Canadian or Mexican ports of entry; and
(B) an assessment of the impact of such fees, charges, and
standards on the competitiveness of United States ports, port
terminal operators, railroads, motor carriers, pipelines, other
transportation modes, and shippers;
(4) an assessment of private efforts and investments to
secure maritime and surface transportation modes, including
those that are operational and those that are planned; and
(5) the Secretary's recommendations based upon the study,
and an assessment of the consistency of such recommendations
with the international obligations and commitments of the
United States.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning given
that term by section 2(1) of the SAFE Port Act (6 U.S.C.
901(1)).
(2) Port of entry.--The term ``port of entry'' means any
port or other facility through which foreign goods are
permitted to enter the customs territory of a country under
official supervision.
(3) Maritime and surface transportation.--The term
``maritime and surface transportation'' includes oceanborne,
rail, and vehicular transportation.
Calendar No. 26
110th CONGRESS
1st Session
S. 184
_______________________________________________________________________
A BILL
To provide improved rail and surface transportation security.
_______________________________________________________________________
February 15, 2007
Reported with an amendment