110TH CONGRESS, 1ST SESSION
H. R. 1269
To improve the security of railroad, public transportation, and over-the-road bus systems in the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 1, 2007
Mr. OBERSTAR (for himself, Ms. CORRINE BROWN of Florida, and Mr. DEFAZIO) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To improve the security of railroad, public transportation, and over-the-road bus systems in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Rail and Public Transportation Security Act of 2007’’.
(b) TABLE OF CONTENTS.—
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. National strategy for rail and public transportation security.
Sec. 4. Assignment of providers of covered transportation to risk-based tiers.
Sec. 5. Rail and public transportation assessments and plans.
Sec. 6. Strategic information sharing plan.
Sec. 7. Rail security assistance.
Sec. 8. Public transportation security assistance.
Sec. 9. Over-the-road bus security assistance.
Sec. 10. Fire and life safety improvements.
Sec. 11. Security training program.
Sec. 12. Security exercises.
Sec. 13. Security research and development.
Sec. 14. Whistleblower protections.
Sec. 15. Increase in surface transportation security inspectors.
Sec. 16. National domestic preparedness consortium.
Sec. 17. TSA personnel limitations.
Sec. 18. Penalties.
SEC. 2. DEFINITIONS.
In this Act, the following definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘‘appropriate congressional com5 mittees’’ has the meaning that term has in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 7 101) and includes the Committees on Homeland Security and Transportation and Infrastructure of the House of Representatives and the Committees on Homeland Security and Governmental Affairs and Commerce, Science, and Transportation of the Senate.
(2) APPROPRIATE STAKEHOLDERS.—The term ‘‘appropriate stakeholders’’ means—
(A) providers of covered transportation;
(B) organizations representing providers of covered transportation;
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(C) nonprofit employee labor organizations representing one or more of the following: railroad workers, public transportation workers, and over-the-road bus workers;
(D) shippers of hazardous materials;
(E) manufacturers of rail and transit cars;
(F) State departments of transportation;
(G) public safety officials;
(H) law enforcement and fire service officials; and
(I) other relevant persons.
(3) COVERED TRANSPORTATION.—The term ‘‘covered transportation’’ means transportation provided by a railroad carrier, public transportation, and transportation provided by an over-the-road bus.
(4) DEPARTMENT.—The term ‘‘Department’’ means the Department of Homeland Security.
(5) DESIGNATED RECIPIENT.—The term ‘‘designated recipient’’ has the meaning that term has in section 5307(a) of title 49, United States Code.
(6) PROVIDER OF COVERED TRANSPORTATION.—The term ‘‘provider of covered transportation’’ means—
(A) with respect to transportation provided by a railroad carrier, the railroad carrier;
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(B) with respect to public transportation, the designated recipient; and
(C) with respect to transportation provided by an over-the-road bus, the private operator
providing the transportation.
(7) OVER-THE-ROAD BUS.—The term ‘‘over-the-road bus’’ means a bus characterized by an elevated passenger deck located over a baggage compartment.
(8) PUBLIC TRANSPORTATION.—The term ‘‘public transportation’’ has the meaning that term
has in section 5302(a) of title 49, United States ode.
(9) RAILROAD.—The term ‘‘railroad’’ has the meaning that term has in section 20102 of title 49, United States Code.
(10) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has the meaning that term has in section 20102 of title 49, United States Code.
(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Homeland Security.
(12) STATE.—The term ‘‘State’’ means any one of the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa.
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(13) TERRORISM.—The term ‘‘terrorism’’ has the meaning that term has in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
(14) TRANSPORTATION.—The term ‘‘transportation’’, as used with respect to an over-the-road-
bus, means the movement of passengers or property by the over-the-road-bus—
(A) in the jurisdiction of the United States between a place in a State and a place outside
the State (including a place outside the United States); or
(B) in a State that affects trade, traffic, and transportation described in subparagraph
(15) UNITED STATES.—The term ‘‘United States’’ means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.
SEC. 3. NATIONAL STRATEGY FOR RAIL AND PUBLIC TRANSPORTATION SECURITY.
Not later than 6 months after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Transportation, shall develop and implement the modal plan for covered transportation as required by section 114(t)(1)(B) of title 49, United States Code. The
modal plan shall be entitled the ‘‘National Strategy for Rail and Public Transportation Security’’ and shall include, at a minimum—
(1) a description of the roles, responsibilities, and authorities of Federal, State, and local agencies, government sponsored entities, tribal governments, and appropriate stakeholders under the plan; (2) identification of, and a plan to address, gaps and unnecessary overlaps in the roles, responsibilities, and authorities described in paragraph (1); (3) a methodology for how the Department will work with the entities described in paragraph (1), and make use of existing Federal expertise within the Department, the Department of Transportation,
and other appropriate agencies;
(4) a process for expediting security clearances to facilitate intelligence and information sharing with the entities described in paragraph (1); (5) a description of— (A) how the Department and the Department of Transportation have reviewed terrorist attacks on covered transportation throughout the world in the last 25 years; (B) the lessons learned from those reviews;
and (C) how those lessons are being used in current and future efforts to secure covered
transportation; a strategy and timeline for the Department, the Department of Transportation, and other appropriate Federal agencies to research and develop new technologies for securing covered transportation; (7) measurable goals, including objectives, mechanisms, and a schedule for enhancing the security of covered transportation; (8) a framework for resuming the operation of covered transportation in the event of an act of terrorism and prioritizing resumption of such operations; (9) a description of current and future public
outreach and educational initiatives designed to inform the public on how to prevent, prepare for, and respond to a terrorist attack on covered transportation; and (10) a process for coordinating covered transportation security strategies and plans, including—
A)the National Infrastructure Protection Plan required by Homeland Security Presidential Directive 7;
(B) the Executive Order entitled ‘‘Strengthening Surface Transportation Security’’, dated December 5, 2006;
(C) the Memorandum of Understanding between the Department and the Department of
Transportation on Roles and Responsibilities dated September 28, 2004;
(D) the annex to such memorandum of understanding concerning railroad security dated
September 28, 2006; and
(E) the annex executed under section
3028(b) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy
for Users (49 U.S.C. 5321 note; 119 Stat. 1624).
SEC. 4. ASSIGNMENT OF PROVIDERS OF COVERED TRANS PORTATION TO RISK-BASED TIERS.
(a) ASSIGNMENT.—The Secretary shall assign each
provider of covered transportation to one of three risk-
based tiers established by the Secretary.
(b) PROVISION OF INFORMATION.—The Secretary
may request, and the provider of covered transportation
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shall provide, information necessary for the Secretary to
assign a provider of covered transportation to the appropriate tier under subsection (a).
(c) NOTIFICATION.—Not later than 60 days after the
date a provider of covered transportation is assigned to
a tier under this section, the Secretary shall notify the
provider of the tier to which the provider is assigned and
the reasons for such assignment.
(d) HIGH-AND MEDIUM-RISK TIERS.—At least 2 of
the tiers established by the Secretary under this section
shall be tiers designated for high- and medium-risk providers of covered transportation.
SEC. 5. RAIL AND PUBLIC TRANSPORTATION ASSESSMENTS
AND PLANS.
(a) IN GENERAL.—Not later than 12 months after
the date of enactment of this Act, the Secretary, in coordination with the Secretary of Transportation, shall issue
regulations that—
(1) require each provider of covered transportation assigned to a high- or medium-risk tier under
section 4—
(A) to conduct a vulnerability assessment
in accordance with subsections (b) and (c); and
(B) to prepare and implement a security
plan in accordance with this section that ad
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dresses the vulnerabilities identified under subsection (c);
(2) establish standards, protocols, and procedures for vulnerability assessments under subsection
(c) and security plans under subsection (d) and for
developing and implementing such security plans;
and
(3) implement a security program for providers
of covered transportation not assigned to a high- or
medium-risk tier under section 4, including a process for such providers to conduct vulnerability assessments and prepare and implement security
plans, as determined appropriate by the Secretary.
(b) DEADLINE FOR SUBMISSION.—Not later than 6
months after the date of issuance of the regulations under
subsection (a), the vulnerability assessments and security
plans required by such regulations or allowed by such regulations shall be completed and submitted to the Secretary
for review and approval.
(c) VULNERABILITY ASSESSMENTS.—
(1) REQUIREMENTS.—The Secretary, in coordination with the Secretary of Transportation, shall
provide technical assistance and guidance to providers of covered transportation in conducting vulnerability assessments under this section and shall
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require that each vulnerability assessment of a provider of covered transportation assigned to a high-
or medium-risk tier under section 4 include, at a
minimum—
(A) identification and evaluation of critical
covered transportation assets and infrastructures of the provider, including platforms, stations, bus and intermodal terminals, tunnels,
bridges, switching and storage areas, and information systems;
(B) identification of the threats to those
assets and infrastructures;
(C) identification of the security weaknesses of the covered transportation in—
(i) physical security;
(ii) passenger and cargo security;
(iii) programmable electronic devices,
computers, or other automated systems
which are used in providing the transportation;
(iv) alarms, cameras, and other protection systems;
(v) communications systems, including
dispatching services and mobile service
equipment systems, to provide access to
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emergency services in underground fixed
guideway systems;
(vi) utilities;
(vii) emergency response planning;
(viii) employee training; and
(ix) such other matters as the Secretary determines appropriate; and
(D) identification of redundant and backup
systems required to ensure the continued operations of critical elements of the covered transportation in the event of an attack or other incident, including disruption of commercial electric power or communications network.
(2) THREAT INFORMATION.—
(A) INCORPORATION.—A provider of covered transportation conducting a vulnerability
assessment under this section shall incorporate
in the assessment any threat information provided by the Secretary.
(B) PROVIDED BY SECRETARY.—The Secretary shall provide, in a timely manner to the
maximum extent practicable under applicable
authority and in the interest of national security, to the provider of the covered transportation threat information that is relevant to the
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provider, including an assessment of the most
likely method that could be used by terrorists to
exploit weaknesses in the covered transportation
security and the likelihood of success by such
terrorists.
(d) SECURITY PLANS.—
(1) REQUIREMENTS.—The Secretary, in coordination with the Secretary of Transportation, shall
provide technical assistance and guidance to providers of covered transportation in preparing and
implementing security plans under this section and
shall require that each security plan of each provider
of covered transportation assigned to a high- or medium-risk tier under section 4 include, at a minimum—
(A) identification of a security coordinator
having authority to implement security actions
under the plan to—
(i) coordinate security improvements
described in sections 7, 8, and 9; and
(ii) require immediate communications
from appropriate Federal officials regarding covered transportation security;
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(B) security measures to address the weaknesses of covered transportation identified
under subsection (c);
(C) plans for periodic exercises under section 12 that include participation by local law
enforcement agencies and emergency responders
as appropriate;
(D) a list of needed capital and operational
covered transportation security improvements
described in sections 7, 8, and 9;
(E) procedures to be implemented or used
by the provider in response to a terrorist attack, including evacuation and passenger communication plans;
(F) identification of steps taken with State
and local law enforcement agencies, emergency
responders, and Federal officials to coordinate
security measures and plans for response to a
terrorist attack;
(G) a strategy and timeline for conducting
training under section 11, including recurrent
training and periodic unannounced exercises for
employees of the provider to be carried out
under the plan to prevent, prepare for, or respond to a terrorist attack;
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(H) enhanced security measures to be
taken by the provider when the Secretary declares a period of heightened security risk;
(I) plans for redundant and backup systems required to ensure the continued operation
of critical covered transportation elements of
the provider in the event of a terrorist attack
or other incident;
(J) plans for locating, including by electronic devices, railroad cars transporting hazardous materials so that, if the assets are lost
or stolen, the provider may locate, track, and
recover the assets; and
(K) such other actions or procedures as
the Secretary determines are appropriate to address the covered transportation security of the
provider to a terrorist attack.
(2) CONSISTENCY WITH OTHER PLANS.—The
Secretary shall ensure that each security plan under
this section is consistent with the requirements of
the National Strategy for Rail and Public Transportation Security described in section 3.
(e) DEADLINE FOR REVIEW PROCESS.—Not later
than 12 months after the date of the issuance of the regulations under subsection (a), the Secretary shall—
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(1) review each vulnerability assessment and security plan submitted to the Secretary in accordance
with subsection (b);
(2) require amendments to any security plan
that does not meet the requirements of this section,
including the regulations issued under subsection
(a);
(3) approve any vulnerability assessment or security plan that meets the requirements of this section, including such regulations; and
(4) review each security plan periodically thereafter.
(f) INTERIM SECURITY MEASURES.—The Secretary
shall require, during the period before the deadline established under subsection (b), each provider of covered
transportation to implement any necessary interim security measures to deter, mitigate, and respond to, to the
maximum extent practicable, a transportation security incident with respect to the provider of covered transportation or a substantive threat of such an incident until
the security plan of the provider is approved.
(g) NONDISCLOSURE OF INFORMATION.—
(1) IN GENERAL.—Notwithstanding any other
provision of law, information developed under this
section is not required to be disclosed to the public.
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Such information includes vulnerability assessments
and security plans of providers of covered transportation.
(2) OTHER OBLIGATIONS UNAFFECTED.—Nothing in this section shall affect any obligation of a
provider of covered transportation to submit or
make available information to covered transportation
employees, nonprofit employee labor organizations,
or a Federal, State, or local government agency
under, or otherwise to comply with, any other law.
(3) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing in this section shall be construed
as authorizing the withholding of any information
from Congress.
(4) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section
shall be construed as affecting any authority or obligation of a Federal agency to disclose any record or
information that the Federal agency obtains from a
provider of covered transportation under any other
law.
(h) PENALTIES.—
(1) ADMINISTRATIVE PENALTIES.—
(A) IN GENERAL.—The Secretary may impose an administrative penalty of not more than
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$75,000 for failure to comply with this section,
including regulations issued under subsection
(a).
(B) NOTICE AND OPPORTUNITY TO REQUEST HEARING.—Before imposing a penalty
under subparagraph (A), the Secretary shall
provide to the person against whom the penalty
is to be imposed—
(i) written notice of the proposed penalty; and
(ii) the opportunity to request, not
later than 30 days after the date on which
the person receives the notice, a hearing on
the proposed penalty.
(C) REGULATIONS.—The Secretary may
issue regulations establishing the procedures for
administrative hearings and appropriate review
of penalties imposed under this paragraph, including deadlines.
(2) CIVIL PENALTIES.—
(A) IN GENERAL.—The Secretary may
bring an action in a United States district court
against any provider of covered transportation
that violates or fails to comply with this section,
including regulations issued under subsection
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(a), or a security plan approved by the Secretary under this section.
(B) RELIEF.—In any action under subparagraph (A), a court may issue an order for
injunctive relief and may impose a civil penalty
of not more than $50,000 for each day on
which a violation occurs or a failure to comply
continues.
(3) CRIMINAL PENALTIES.—A provider of covered transportation who violates this section, including regulations issued under subsection (a), shall be
fined not more than $50,000 for each day of such
violation, imprisoned for not more than 2 years, or
both.
(i) EXISTING PROCEDURES, PROTOCOLS AND STANDARDS.—
(1) DETERMINATION.—In response to a petition by a provider of covered transportation or at
the discretion of the Secretary, the Secretary may
recognize existing procedures, protocols, and standards of a provider of covered transportation that the
Secretary determines to meet all or part of the requirements of this section, including regulations
issued under subsection (a), regarding vulnerability
assessments and security plans.
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(2) ELECTION.—Upon review and written determination by the Secretary that existing procedures, protocols, or standards of a provider of covered transportation satisfy all of the requirements of
this section, including regulations issued under subsection (a), the provider may elect to comply with
those procedures, protocols, or standards instead of
the requirements of this section.
(3) PARTIAL APPROVAL.—If the Secretary determines that the existing procedures, protocols, or
standards of a provider of covered transportation
satisfy only part of the requirements of this section,
including regulations issued under subsection (a),
the Secretary may accept those submissions, but
shall require submission by the provider of any additional information relevant to vulnerability assessments and security plans of the provider to ensure
that the remaining requirements of this section are
fulfilled.
(4) NOTIFICATION.—If the Secretary determines that particular existing procedures, protocols,
or standards of a provider of covered transportation
under this subsection do not satisfy the requirements of this section, including regulations issued
under subsection (a), the Secretary shall notify the
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provider, in writing, of the determination and an explanation of the reasons for the determination.
(5) REVIEW.—Nothing in this subsection shall
relieve the Secretary of the obligation—
(A) to review the vulnerability assessment
and security plan submitted by a provider of
covered transportation under this section; and
(B) to approve or disapprove each submission on an individual basis.
(j) PERIODIC REVIEW.—Not later than 3 years after
the date of approval of a vulnerability assessment and security plan of a provider of covered transportation under
this section, and not less often than every 5 years thereafter, the provider—
(1) shall review the adequacy of the vulnerability assessment and security plan; and
(2) shall submit for approval to the Secretary,
at such time and in such form as the Secretary may
require, the results of the review, including a description of any changes to the vulnerability assessment or security plan, or both.
(k) SHARED FACILITIES.—The Secretary may permit
under this section the development and implementation of
coordinated vulnerability assessments and security plans
to the extent 2 or more providers of covered transportation
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have shared facilities (such as tunnels, bridges, or stations, or facilities) that are geographically close or otherwise co-located.
SEC. 6. STRATEGIC INFORMATION SHARING PLAN.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Secretary shall develop
and submit to the appropriate congressional committees
a railroad, public transportation, and over-the-road bus
strategic information sharing plan to ensure the development of both tactical and strategic intelligence products
pertaining to the threats and vulnerabilities to covered
transportation for dissemination to Federal, State, and
local agencies, tribal governments, and appropriate stakeholders.
(b) CONTENT OF PLAN.—The plan submitted under
subsection (a) shall include—
(1) a description of how intelligence analysts in
the Transportation Security Administration are coordinating with other intelligence analysts in the Department and other Federal, State, and local agencies;
(2) reasonable deadlines for the completion of
any organizational changes within the Department
to accommodate implementation of the plan; and
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(3) a description of resource needs for fulfilling
the plan.
(c) UPDATES.—
(1) CERTIFICATION OF IMPLEMENTATION.—
After the plan is submitted under subsection (a), the
Secretary shall certify to the appropriate congressional committees when the plan has been implemented.
(2) ANNUAL REPORTS.—After the Secretary
provides the certification under paragraph (1), the
Secretary shall provide a report to the appropriate
congressional committees each year thereafter on the
following:
(A) The number and brief description of
each railroad, public transportation, and over-
the-road bus intelligence report created and disseminated under the plan.
(B) The classification of each report as
tactical or strategic.
(C) The numbers of different government,
law enforcement, and public or private sector
partners who were provided with each intelligence product.
(d) ANNUAL SURVEYS.—The Secretary shall conduct
an annual survey of the satisfaction of each of the recipi
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ents of railroad, public transportation, and over-the-road
bus intelligence reports created and disseminated under
the plan and include the results of the survey as part of
the corresponding annual report provided under subsection (c)(2).
(e) SECURITY CLEARANCES.—The Department shall
ensure that the appropriate Federal, State, regional, local,
and tribal authorities, in addition to appropriate stakeholders, have the security clearances needed to receive
classified covered transportation security information as
necessary if this information cannot be disseminated in an
unclassified format.
(f) CLASSIFICATION OF MATERIAL.—To the greatest
extent possible, the Department shall provide appropriate
stakeholders with information in an unclassified format.
SEC. 7. RAIL SECURITY ASSISTANCE.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary,
in coordination with the Secretary of Transportation, shall
establish a program for the Secretary of Transportation
to make grants under this section.
(b) SECURITY ASSISTANCE.—The Secretary of
Transportation, in coordination with the Secretary, shall
make, in accordance with the priorities established under
subsection (e), grants to eligible railroad carriers for security improvements described in subsection (c).
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(c) USES OF FUNDS.—A recipient of a grant under
subsection (a) may use the grant funds for one or more
of the following:
(1) Perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades at railroad facilities.
(2) Technologies for reduction of rail car vulnerability.
(3) Security improvements to passenger railroad stations and other railroad transportation infrastructure.
(4) Tunnel protection systems.
(5) Evacuation improvements.
(6) Inspection technologies, including verified
visual inspection technologies using hand-held readers and discs.
(7) Communications equipment, including
equipment that is interoperable with Federal, State,
and local agencies and tribal governments.
(8) Chemical, biological, radiological, or explosive detection, including canine patrols for such detection.
(9) Surveillance equipment.
(10) Cargo or passenger screening equipment.
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(11) Emergency response equipment, including
fire suppression and decontamination equipment,
personal protective equipment, and defibrillators.
(12) Global positioning or electronic tracking
equipment.
(13) Redundant critical operations control systems.
(14) Public awareness campaigns for enhanced
railroad security.
(15) Security awareness, preparedness, and response training for railroad employees, including
training under section 11.
(16) Live or simulated exercises described in
section 12.
(17) Overtime reimbursement for additional security personnel during significant national and
international public events.
(18) Such other security improvements as the
Secretary, in coordination with the Secretary of
Transportation, considers appropriate.
(d) ELIGIBILITY.—A railroad carrier is eligible for a
grant under this section if the carrier has developed a security plan that the Secretary has approved under section
5.
(e) SECURITY IMPROVEMENT PRIORITIES.—
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(1) IN GENERAL.—The Secretary, in coordination with the Secretary of Transportation, shall establish security improvement priorities for each railroad carrier that conducts or updates a vulnerability
assessment under section 5.
(2) CONSULTATION; PRIORITIZED LIST.—The
Secretary shall establish priorities under paragraph
(1) for a railroad carrier—
(A) in consultation with the management
and employee representatives of the carrier; and
(B) in a manner that is consistent with the
carrier’s list of needed security improvements
described in section 5(d)(1).
(f) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), a grant for a project under this
section shall be for 80 percent of the net cost of the
project.
(2) SMALL PROJECT EXCEPTION.—If a grant
under this section is for a project with a net cost of
$25,000 or less, the Federal share for the grant
shall be for 100 percent of such cost.
(3) NATIONAL SECURITY EXCEPTION.—If the
Secretary determines, upon written notice to the appropriate congressional committees, that a higher
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Federal share for a grant under this section is necessary to respond to an urgent threat to national security, the Secretary may increase the Federal share
for the grant to up to 100 percent of the net cost
of the project.
(g) SUBJECT TO CERTAIN STANDARDS.—The Secretary and the Secretary of Transportation shall require
a recipient of a grant under this section and section 10
to comply with the standards of section 24312 of title 49,
United States Code, as in effect on January 1, 2007, with
respect to the grant in the same manner as the National
Railroad Passenger Corporation is required to comply with
such standards for construction work financed under an
agreement made under section 24308(a) of that title.
(h) LIMITATION ON USES OF FUNDS.—A grant made
under this section may not be used to—
(1) supplant State or local funds for activities
described in subsection (c); and
(2) make any State or local government cost-
sharing contribution under any other law.
(i) ANNUAL REPORTS.—Each recipient of a grant
under this section shall report annually to the Secretary
and the Secretary of Transportation on the use of grant
funds.
(j) AUTHORIZATION OF APPROPRIATIONS.—
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(1) SECURITY ASSISTANCE.—There is authorized to be appropriated to the Secretary
$600,000,000 for each of fiscal years 2008 through
2011 to make grants under this section.
(2) TRANSFER OF FUNDS.—Not later than 5
days after the date on which funds are appropriated
to carry out this section for a fiscal year, the Secretary shall transfer such funds to the Secretary of
Transportation to make grants under this section.
(3) PERIOD OF AVAILABILITY.—Sums appropriated to carry out this section shall remain available until expended.
SEC. 8. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary,
in coordination with the Secretary of Transportation, shall
establish a program for the Secretary of Transportation
to make grants under this section.
(b) SECURITY ASSISTANCE.—The Secretary of
Transportation, in coordination with the Secretary, shall
make, in accordance with the priorities established under
subsection (e), grants to eligible designated recipients for
security improvements described in subsection (c).
(c) USES OF FUNDS.—A recipient of a grant under
subsection (a) may use the grant funds for one or more
of the following:
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(1) Perimeter protection systems, including access control, installation improved lighting, fencing,
and barricades.
(2) Security improvements to stations and other
public transportation infrastructure.
(3) Tunnel protection systems.
(4) Evacuation improvements.
(5) Inspection technologies, including verified
visual inspection technologies using hand-held readers and discs.
(6) Communications equipment, including mobile service equipment to provide access to emergency services in an underground fixed guideway
system.
(7) Chemical, biological, radiological, or explosive detection, including canine patrols for such detection.
(8) Surveillance equipment.
(9) Emergency response equipment, including
fire suppression and decontamination equipment,
personal protective equipment, and defibrillators.
(10) Global positioning or electronic tracking
equipment.
(11) Redundant critical operations control systems.
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(12) Public awareness campaigns for enhanced
public transportation security.
(13) Security awareness, preparedness, and response training for public transportation employees,
including training under section 11.
(14) Live or simulated exercises described in
section 12.
(15) Overtime reimbursement for additional security personnel during significant national and
international public events.
(16) Such other security improvements as the
Secretary, in coordination with the Secretary of
Transportation, considers appropriate.
(d) ELIGIBILITY.—A designated recipient is eligible
for a grant under this section if the designated recipient
has developed a security plan that the Secretary has approved under section 5.
(e) SECURITY IMPROVEMENT PRIORITIES.—
(1) IN GENERAL.—The Secretary, in coordination with the Secretary of Transportation, shall establish security improvement priorities for each designated recipient that conducts or updates a vulnerability assessment described in section 5.
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(2) CONSULTATION; PRIORITIZED PLAN.—The
Secretary shall establish priorities under paragraph
(1) for a designated recipient—
(A) in consultation with the management
and employee representatives of the designated
recipient; and
(B) in a manner that is consistent with the
list of needed security improvements described
in section 5(d)(1).
(f) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), a grant for a project under this
section shall be for 80 percent of the net cost of the
project.
(2) SMALL PROJECT EXCEPTION.—If a grant
under this section is for a project with a net cost of
$25,000 or less, the Federal share for the grant
shall be for 100 percent of such cost.
(3) NATIONAL SECURITY EXCEPTION.—If the
Secretary determines, upon written notice to the appropriate congressional committees, that a higher
Federal share for a grant under this section is necessary to respond to an urgent threat to national security, the Secretary may increase the Federal share
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for the grant to up to 100 percent of the net cost
of the project.
(g) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as otherwise specifically provided in this
section, a grant provided under this section shall be subject to the terms and conditions applicable to a grant
made under section 5307 of title 49, United States Code,
and such other terms and conditions as are determined
necessary by the Secretary or the Secretary of Transportation.
(h) LIMITATION ON USES OF FUNDS.—Grants made
under this section may not be used to—
(1) supplant State or local funds for activities
described in subsection (c); and
(2) make any State or local government cost-
sharing contribution under any other law.
(i) ANNUAL REPORTS.—Each recipient of a grant
under this section shall report annually to the Secretary
and the Secretary of Transportation on the use of the
grant funds.
(j) AUTHORIZATION OF APPROPRIATIONS.—
(1) SECURITY ASSISTANCE.—There are authorized to be appropriated to the Secretary to make
grants under this section—
(A) $775,000,000 for fiscal year 2008;
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(B) $825,000,000 for fiscal year 2009;
(C) $880,000,000 for fiscal year 2010; and
(D) $880,000,000 for fiscal year 2011.
(2) TRANSFER OF FUNDS.—Not later than 5
days after the date on which funds are appropriated
to carry out this section for a fiscal year, the Secretary shall transfer such funds to the Secretary of
Transportation to make grants under this section.
(3) PERIOD OF AVAILABILITY.—Sums appropriated to carry out this section shall remain available until expended.
SEC. 9. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) ESTABLISHMENT OF PROGRAM.—The Secretary,
in coordination with the Secretary of Transportation, shall
establish a program for the Secretary of Transportation
to make grants under this section.
(b) SECURITY ASSISTANCE.—The Secretary of
Transportation, in coordination with the Secretary, shall
make, in accordance with the priorities established under
subsection (e), grants to eligible private operators providing transportation by over-the-road bus for security improvements described in subsection (c).
(c) USES OF FUNDS.—A recipient of a grant received
under subsection (a) may use the grant funds for one or
more of the following:
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(1) Constructing and modifying terminals, garages, facilities, or over-the-road buses to assure
their security.
(2) Protecting or isolating the driver of an over-
the-road bus.
(3) Acquiring, upgrading, installing, or operating equipment, software, or accessorial services for
collection, storage, or exchange of passenger and
driver information through ticketing systems or otherwise and for information links with government
agencies.
(4) Installing cameras and video surveillance
equipment on over-the-road buses and at terminals,
garages, and over-the-road bus facilities.
(5) Establishing and improving an emergency
communications system linking drivers and over-the-
road buses to the recipient’s operations center or
linking the operations center to law enforcement and
emergency personnel.
(6) Implementing and operating passenger
screening programs for weapons and explosives.
(7) Chemical, biological, radiological, or explosives detection, including canine patrols for such detection.
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(8) Public awareness campaigns for enhanced
over-the-road bus security.
(9) Security awareness, preparedness, and response training for over-the-road bus employees, including training under section 11.
(10) Live or simulated exercises described in
section 12.
(11) Overtime reimbursement for additional security personnel during significant national and
international public events.
(12) Such other security improvements as the
Secretary, in coordination with the Secretary of
Transportation, considers appropriate.
(d) ELIGIBILITY.—A private operator providing
transportation by an over-the-road bus is eligible for a
grant under this section if the operator has developed a
security plan that the Secretary has approved under section 5.
(e) SECURITY IMPROVEMENT PRIORITIES.—
(1) IN GENERAL.—The Secretary, in coordination with the Secretary of Transportation, shall establish security improvement priorities for each private operator providing transportation by an over-
the-road bus that conducts or updates a vulnerability assessment under section 5.
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(2) CONSULTATION.—In carrying out this subsection, the Secretary and the Secretary of Transportation shall consult with over-the-road bus management and labor representatives, public safety and
law enforcement officials, and the National Academy
of Sciences.
(f) FEDERAL SHARE.—
(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), a grant for a project under this
section shall be for 80 percent of the net cost of the
project.
(2) SMALL PROJECT EXCEPTION.—If a grant
under this section is for a project with a net cost of
$25,000 or less, the Federal share for the grant
shall be for 100 percent of such cost.
(3) NATIONAL SECURITY EXCEPTION.—If the
Secretary determines, upon written notice to the appropriate congressional committees, that a higher
Federal share for a grant under this section is necessary to respond to an urgent threat to national security, the Secretary may increase the Federal share
for the grant to up to 100 percent of the net cost
of the project.
(g) TERMS AND CONDITIONS.—Except as otherwise
specifically provided in this section, a grant made under
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this section shall be subject to the terms and conditions
applicable to subrecipients who provide intercity bus transportation under section 5311(f) of title 49, United States
Code, and such other terms and conditions as are determined necessary by the Secretary or the Secretary of
Transportation.
(h) LIMITATION ON USES OF FUNDS.—A grant made
under this section may not be used to—
(1) supplant State or local funds for activities
described in subsection (c); and
(2) make any State or local government cost-
sharing contribution under any other law.
(i) ANNUAL REPORTS.—Each recipient of a grant
under this section shall report annually to the Secretary
and the Secretary of Transportation on the use of such
grant funds.
(j) AUTHORIZATION.—
(1) IN GENERAL.—There is authorized to be
appropriated to the Secretary make grants under
this section—
(A) $12,000,000 for fiscal year 2008;
(B) $25,000,000 for fiscal year 2009;
(C) $25,000,000 for fiscal year 2010; and
(D) $25,000,000 for fiscal year 2011.
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(2) TRANSFER OF FUNDS.—Not later than 5
days after the date on which funds are appropriated
to carry out this section for a fiscal year, the Secretary shall transfer such funds to the Secretary of
Transportation to make grants under this section.
(3) PERIOD OF AVAILABILITY.—Sums appropriated to carry out this section shall remain available until expended.
SEC. 10. FIRE AND LIFE SAFETY IMPROVEMENTS.
(a) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary of
Transportation for making grants to the National Railroad Passenger Corporation (in this section referred to as
‘‘Amtrak’’) for the purpose of carrying out projects to
make fire and life safety improvements to Amtrak tunnels
on the Northeast Corridor the following amounts:
(1) For the 6 tunnels in New York City, New
York, to provide ventilation, electrical, and fire safety technology improvements, emergency communication and lighting systems, and emergency access and
egress for passengers—
(A) $25,000,000 for fiscal year 2008;
(B) $25,000,000 for fiscal year 2009;
(C) $25,000,000 for fiscal year 2010; and
(D) $25,000,000 for fiscal year 2011.
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(2) For the Baltimore & Potomac Tunnel and
the Union Tunnel in Baltimore, Maryland, to provide adequate drainage and ventilation, communication, lighting, and passenger egress improvements—
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(3) For the Union Station tunnels in the District of Columbia to provide ventilation, communication, lighting, and passenger egress improvements—
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(b) AVAILABILITY OF AMOUNTS.—Amounts appropriated pursuant to this section shall remain available
until expended.
SEC. 11. SECURITY TRAINING PROGRAM.
(a) IN GENERAL.—Not later than 90 days after the
date of enactment of this Act, the Secretary, in coordination with the Secretary of Transportation, shall—
(1) develop a security training program to prepare railroad, public transportation, and over-the-
road bus workers for potential threat conditions; and
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(2) issue detailed guidance for the program.
(b) CONSULTATION.—The Secretary shall develop the
guidance under subsection (a)(2) in consultation with—
(1) appropriate law enforcement, fire service,
security, and terrorism experts;
(2) representatives of providers of covered
transportation; and
(3) nonprofit employee labor organizations representing one or more of the following: railroad
workers, public transportation workers, and over-
the-road bus workers.
(c) PROGRAM ELEMENTS.—The guidance developed
under subsection (a)(2) shall require security training programs described in subsection (a) to include, at a minimum, elements to address the following:
(1) Determination of the seriousness of any occurrence or threat.
(2) Crew and passenger communication and coordination.
(3) Appropriate responses to defend oneself, including using nonlethal self-defense devices.
(4) Use of protective devices.
(5) Evacuation procedures for passengers and
workers, including individuals with disabilities.
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(6) Live situational training exercises regarding
various threat conditions, including tunnel evacuation procedures.
(7) Recognition and reporting of dangerous
substances and suspicious packages, persons, and
situations.
(8) Understanding security incident procedures,
including procedures for communicating with governmental and nongovernmental emergency response
providers.
(9) Operation and maintenance of security
equipment and systems.
(10) Any other subject the Secretary considers
appropriate.
(d) REQUIRED PROGRAMS.—
(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not later than 60 days after the Secretary issues guidance under subsection (a)(2) in
final form, each provider of covered transportation
shall develop a security training program in accordance with the guidance and submit the program to
the Secretary for approval.
(2) APPROVAL.—Not later than 60 days after
receiving a security training program under this subsection, the Secretary shall approve the program or
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require the provider of covered transportation that
developed the program to make any revisions to the
program that the Secretary considers necessary for
the program to meet the guidance requirements.
(3) TRAINING.—Not later than 1 year after the
Secretary approves a security training program
under this subsection, the provider of covered transportation that developed the program shall complete
the training of all workers covered under the program.
(4) UPDATES.—The Secretary shall update the
training guidance issued under subsection (a)(2)
from time to time to reflect new or different security
threats and require providers of covered transportation to revise their programs accordingly and provide additional training to their workers.
SEC. 12. SECURITY EXERCISES.
(a) IN GENERAL.—The Secretary shall establish a
program for conducting security exercises for covered
transportation for the purpose of testing and evaluating
the capabilities of entities described in subsection (b) to
prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism involving covered transportation.
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(b) COVERED ENTITIES.—Entities to be tested and
evaluated under the program shall include—
(1) Federal, State, and local agencies and tribal
governments;
(2) employees and managers of providers of
covered transportation;
(3) governmental and nongovernmental emergency response providers and law enforcement personnel, including railroad and transit police; and
(4) any other organization or entity that the
Secretary determines appropriate.
(c) REQUIREMENTS.—The Secretary shall ensure
that the program—
(1) consolidates all existing security exercises
for covered transportation administered by the Department;
(2) requires, on a periodic basis at the facilities
of a provider of covered transportation, exercises to
be conducted that are—
(A) scaled and tailored to the needs of the
facilities;
(B) live, in the case of the most at-risk facilities to a terrorist attack;
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(C) as realistic as practicable and based on
current risk assessments, including credible
threats, vulnerabilities, and consequences; and
(D) consistent with the National Incident
Management System, the National Response
Plan, the National Infrastructure Protection
Plan, the National Preparedness Guidance, the
National Preparedness Goal, and other such national initiatives;
(3) provides that exercises described in paragraph (2) will be—
(A) evaluated against clear and consistent
performance measures;
(B) assessed to learn best practices, which
shall be shared with appropriate Federal, State,
local, and tribal officials, governmental and
nongovernmental emergency response providers,
law enforcement personnel, including railroad
and transit police, and appropriate stakeholders; and
(C) followed by remedial action in response
to lessons learned; and
(4) assists State and local governments and
providers of covered transportation in designing, im
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plementing, and evaluating exercises that conform to
the requirements of paragraph (2).
(d) REMEDIAL ACTION MANAGEMENT PROGRAM.—
The Secretary shall utilize the remedial action management program of the Federal Emergency Management
Agency to—
(1) identify and analyze each exercise conducted
under the program for lessons learned and best
practices;
(2) disseminate lessons learned and best practices to participants in the program;
(3) monitor the implementation of lessons
learned and best practices by participants in the
program; and
(4) conduct remedial action tracking and long-
term trend analysis.
SEC. 13. SECURITY RESEARCH AND DEVELOPMENT.
(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The Secretary shall carry out a research and development program for the purpose of improving the security of covered transportation.
(b) ELIGIBLE PROJECTS.—The research and development program may include projects—
(1) to reduce the vulnerability of passenger
trains, stations, and equipment to explosives and
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hazardous chemical, biological, and radioactive substances;
(2) to test new emergency response and recovery techniques and technologies;
(3) to develop improved freight railroad technologies, including—
(A) technologies for sealing and modifying
rail tank cars;
(B) automatic inspection of railroad cars;
(C) communication-based train controls;
(D) signal system integrity at switches;
(E) emergency response training, including
training in a tunnel environment;
(F) security and redundancy for critical
communications, electrical power, computer,
and train control systems; and
(G) technologies for securing bridges and
tunnels;
(4) to test wayside detectors that can detect
tampering with railroad equipment;
(5) to support enhanced security for the transportation of hazardous materials by railroad;
(6) to mitigate damages in the event of a
cyberattack; and
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(7) to address other vulnerabilities and risks
identified by the Secretary.
(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The Secretary shall—
(1) ensure that the research and development
program is consistent with the National Strategy for
Rail and Public Transportation Security developed
under section 3; and
(2) to the greatest extent practicable, coordinate the research and development activities of the
Department with other ongoing research and development security related initiatives, including research being conducted by—
(A) the National Academy of Sciences;
(B) the Department of Transportation, including university transportation centers and
other institutes, centers, and simulators funded
by the Department of Transportation;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies; and
(E) other Federal and private research laboratories and research entities with the capability to conduct both practical and theoretical
research and technical systems analysis.
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(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.—
(1) CONSULTATION.—In carrying out research
and development projects under this section, the
Secretary shall consult with the Chief Privacy Officer of the Department and the Officer for Civil
Rights and Civil Liberties of the Department as appropriate.
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142; 345), the
Chief Privacy Officer shall conduct privacy impact
assessments and the Officer for Civil Rights and
Civil Liberties shall conduct reviews, as appropriate,
for research and development initiatives developed
under this section.
(e) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to the Secretary to carry
out this section—
(1) $50,000,000 for fiscal year 2008;
(2) $50,000,000 for fiscal year 2009
(3) $50,000,000 for fiscal year 2010; and
(4) $50,000,000 for fiscal year 2011.
Such sums shall remain available until expended.
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SEC. 14. WHISTLEBLOWER PROTECTIONS.
(a) IN GENERAL.—No covered individual may be discharged, demoted, suspended, threatened, harassed, reprimanded, investigated, or in any other manner discriminated against (including by a denial, suspension, or revocation of a security clearance or by any other security
access determination) if such discrimination is due, in
whole or in part, to any lawful act done, perceived to have
been done, or intended to be done by the covered individual—
(1) to provide information, cause information to
be provided, or otherwise assist in an investigation
regarding any conduct which the covered individual
reasonably believes constitutes a violation of any
law, rule, or regulation relating to national or homeland security, which the covered individual reasonably believes constitutes a threat to national or
homeland security, or which the covered individual
reasonably believes constitutes fraud, waste, or mismanagement of Government funds intended to be
used for national or homeland security, if the information or assistance is provided to or the investigation is conducted by—
(A) a Federal, State, or local regulatory or
law enforcement agency (including an office of
the Inspector General under the Inspector Gen
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eral Act of 1978 (5 U.S.C. app.; Public Law
95–452);
(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or
(C) a person with supervisory authority
over the covered individual (or such other person who has the authority to investigate, discover, or terminate misconduct);
(2) to file, cause to be filed, testify, participate
in, or otherwise assist in a proceeding or action filed
or about to be filed relating to an alleged violation
of any law, rule, or regulation relating to national or
homeland security; or
(3) to refuse to violate or assist in the violation
of any law, rule, or regulation relating to national or
homeland security.
(b) ENFORCEMENT ACTION.—
(1) IN GENERAL.—A covered individual who alleges discharge or other discrimination by any person in violation of subsection (a) may seek relief
under subsection (c) by—
(A) filing a complaint with the Secretary of
Labor; or
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(B) if the Secretary of Labor has not
issued a final decision within 180 days after the
filing of the complaint and there is no showing
that such delay is due to the bad faith of the
claimant, bringing an action at law or equity
for de novo review in the appropriate district
court of the United States, which shall have jurisdiction over such an action without regard to
the amount in controversy.
(2) PROCEDURE.—
(A) IN GENERAL.—An action under paragraph (1)(A) shall be governed under the rules
and procedures set forth in section 42121(b) of
title 49, United States Code.
(B) EXCEPTION.—Notification made under
section 42121(b)(1) of title 49, United States
Code, shall be made to the person named in the
complaint and to the person’s employer.
(C) BURDENS OF PROOF.—An action
brought under paragraph (1)(B) shall be governed by the legal burdens of proof set forth in
section 42121(b) of title 49, United States
Code.
(D) STATUTE OF LIMITATIONS.—An action
under paragraph (1) shall be commenced not
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later than 1 year after the date on which the
violation occurs.
(c) REMEDIES.—
(1) IN GENERAL.—A covered individual prevailing in any action under subsection (b)(1) shall be
entitled to all relief necessary to make the covered
individual whole.
(2) DAMAGES.—Relief for any action under
paragraph (1) shall include—
(A) reinstatement with the same seniority
status that the covered individual would have
had, but for the discrimination;
(B) the amount of any backpay, with interest;
(C) compensation for any special damages
sustained as a result of the discrimination, including litigation costs, expert witness fees, and
reasonable attorney fees; and
(D) punitive damages in an amount not to
exceed the greater of 3 times the amount of any
compensatory damages awarded under this section or $5,000,000.
(d) STATE SECRETS PRIVILEGE.—If, in any action
brought under subsection (b)(1)(B), the Government asserts as a defense the privilege commonly referred to as
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the ‘‘state secrets privilege’’ and the assertion of such
privilege prevents the plaintiff from establishing a prima
facie case in support of the plaintiff’s claim, the court shall
enter judgment for the plaintiff and shall determine the
relief to be granted.
(e) CRIMINAL PENALTIES.—
(1) IN GENERAL.—It shall be unlawful for any
person employing a covered individual to commit an
act prohibited by subsection (a). Any person violating this paragraph shall be fined under title 18,
United States Code, imprisoned not more than 10
years, or both.
(2) REPORTING REQUIREMENT.—
(A) IN GENERAL.—The Attorney General
shall submit to the appropriate congressional
committees an annual report on the enforcement of paragraph (1).
(B) CONTENTS.—Each such report shall—
(i) identify each case in which formal
charges under paragraph (1) were brought;
(ii) describe the status or disposition
of each such case; and
(iii) in any actions under subsection
(b)(1)(B) in which the covered individual
was the prevailing party or the substan
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tially prevailing party, indicate whether or
not any formal charges under paragraph
(1) have been brought and, if not, the reasons therefor.
(f) RIGHTS RETAINED BY COVERED INDIVIDUAL.—
Nothing in this section shall be deemed to diminish the
rights, privileges, or remedies of any covered individual
under any Federal or State law or under any collective
bargaining agreement. The rights and remedies in this
section may not be waived by any agreement, policy, form,
or condition of employment.
(g) DEFINITIONS.—In this section, the following definitions apply:
(1) COVERED INDIVIDUAL.—The term ‘‘covered
individual’’ means an employee of—
(A) the Department;
(B) the Department of Transportation;
(C) a contractor or subcontractor; and
(D) an employer within the meaning of
section 701(b) of the Civil Rights Act of 1964
(42 U.S.C. 2000e(b)) and who is a provider of
covered transportation.
(2) LAWFUL.—The term ‘‘lawful’’ means not
specifically prohibited by law, except that, in the
case of any information the disclosure of which is
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specifically prohibited by law or specifically required
by Executive order to be kept secret in the interest
of national defense or the conduct of foreign affairs,
any disclosure of such information to any Member of
Congress, committee of Congress, or other recipient
authorized to receive such information, shall be
deemed lawful.
(3) CONTRACTOR.—The term ‘‘contractor’’
means a person who has entered into a contract with
the Department, the Department of Transportation,
or a provider of covered transportation.
(4) EMPLOYEE.—The term ‘‘employee’’
means—
(A) with respect to an employer referred to
in paragraph (1)(A) or (1)(B), an employee as
defined by section 2105 of title 5, United States
Code; and
(B) with respect to an employer referred to
in paragraph (1)(A) or (1)(B), any officer,
partner, employee, or agent.
(5) SUBCONTRACTOR.—The term ‘‘subcontractor’’—
(A) means any person, other than the contractor, who offers to furnish or furnishes any
supplies, materials, equipment, or services of
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any kind under a contract with the Department, the Department of Transportation, or a
provider of covered transportation; and
(B) includes any person who offers to furnish or furnishes general supplies to the contractor or a higher tier subcontractor.
(6) PERSON.—The term ‘‘person’’ means a corporation, partnership, State entity, business association of any kind, trust, joint-stock company, or individual.
SEC. 15. INCREASE IN SURFACE TRANSPORTATION SECU
RITY INSPECTORS.
(a) IN GENERAL.—The Secretary shall increase the
total number of positions for full-time surface transportation security inspectors of the Department so that by
December 31, 2010, the total number of such positions
is at least 500.
(b) QUALIFICATIONS.—Surface transportation security inspectors hired by the Secretary shall have at least
5 years experience in transportation security.
(c) ROLES AND RESPONSIBILITIES.—The Secretary,
in coordination with the Secretary of Transportation, shall
develop a standard operating procedure clearly defining
the relationship between—
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(1) surface transportation security inspectors of
the Department;
(2) safety and security inspectors of the Department of Transportation;
(3) State and local law enforcement officers;
and
(4) other law enforcement personnel, including
railroad and transit police.
(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to the Secretary to carry
out subsection (a) such sums as may be necessary. Such
sums shall remain available until expended.
SEC. 16. NATIONAL DOMESTIC PREPAREDNESS CONSOR
TIUM.
(a) IN GENERAL.—There is in the Department of
Homeland Security a National Domestic Preparedness
Consortium.
(b) MEMBERS.—The National Domestic Preparedness Consortium that identifies, develops, tests, and delivers training to State, local, and tribal emergency response
providers, provides onsite and mobile training at the performance and management and planning levels, and facilitates the delivery of awareness level training by the training partners of the Department shall consist of—
(1) the Center for Domestic Preparedness;
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(2) the National Energetic Materials Research
and Testing Center, New Mexico Institute of Mining
and Technology;
(3) the National Center for Biomedical Research and Training, Louisiana State University;
(4) the National Emergency Response and Rescue Training Center, Texas A&M University;
(5) the National Exercise, Test, and Training
Center, Nevada Test Site; and
(6) the Transportation Technology Center in
Pueblo, Colorado.
SEC. 17. TSA PERSONNEL LIMITATIONS.
Any statutory limitation on the number of employees
in the Transportation Security Administration does not
apply to employees carrying out this Act.
SEC. 18. PENALTIES.
(a) REGULATIONS AND ORDERS OF THE SECRETARY
OF HOMELAND SECURITY UNDER TITLE 49, UNITED
STATES CODE.—Section 114 of title 49, United States
Code, is amended by adding at the end the following:
‘‘(u) CIVIL PENALTIES AND ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SECRETARY OF HOMELAND SECURITY.—
‘‘(1) APPLICATION.—This subsection applies to
the enforcement of regulations prescribed, and or
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ders issued, by the Secretary of Homeland Security
under a provision of chapter 701 of title 46 and this
title (other than chapter 449) (in this subsection referred to as an ‘applicable provision of this title’).
Penalties for violation of regulations prescribed, and
orders issued, by the Secretary of Homeland Security under a provision of chapter 449 are provided
under chapter 463.
‘‘(2) GENERAL CIVIL PENALTIES.—
‘‘(A) MAXIMUM CIVIL PENALTIES.—A person is liable to the United States Government
for a civil penalty of not more than $10,000 for
a violation of a regulation prescribed, or order
issued, by the Secretary of Homeland Security
under an applicable provision of this title.
‘‘(B) SEPARATE VIOLATIONS.—A separate
violation occurs under this paragraph for each
day the violation continues.
‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL
PENALTIES.—
‘‘(A) IN GENERAL.—The Secretary of
Homeland Security may impose a civil penalty
for a violation of a regulation prescribed, or
order issued, under an applicable provision of
this title. The Secretary shall give written no
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tice of the finding of a violation and the penalty.
‘‘(B) CIVIL ACTIONS TO COLLECT PENALTIES.—In a civil action to collect a civil penalty imposed by the Secretary under this paragraph, the issues of liability and the amount of
the penalty may not be reexamined.
‘‘(C) EXCLUSIVE JURISDICTION OF DISTRICT COURTS.—Notwithstanding subparagraph (A) of this paragraph, the district courts
of the United States have exclusive jurisdiction
of a civil action involving a penalty that the
Secretary initiates if—
‘‘(i) the amount in controversy is
more than—
‘‘(I) $400,000 if the violation
was committed by a person other than
an individual or small business concern; or
‘‘(II) $50,000 if the violation was
committed by an individual or small
business concern;
‘‘(ii) the action is in rem or another
action in rem based on the same violation
has been brought; or
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‘‘(iii) another action has been brought
for an injunction based on the same violation.
‘‘(D) MAXIMUM CIVIL PENALTIES IMPOSED
BY THE SECRETARY.—The maximum civil penalty the Secretary may impose under this paragraph is—
‘‘(i) $400,000 if the violation was
committed by a person other than an individual or small business concern; or
‘‘(ii) $50,000 if the violation was committed by an individual or small business
concern.
‘‘(E) NOTICE AND OPPORTUNITY FOR
HEARING.—Before imposing a penalty under
this section the Secretary shall provide to the
person against whom the penalty is to be imposed—
‘‘(i) written notice of the proposed
penalty; and
‘‘(ii) the opportunity to request, not
later than 30 days after the date on which
the person receives the notice, a hearing on
the proposed penalty.
‘‘(4) COMPROMISE AND SETOFF.—
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‘‘(A) COMPROMISE.—The Secretary may
compromise the amount of a civil penalty imposed under this subsection.
‘‘(B) SETOFF.—The Government may deduct the amount of a civil penalty imposed or
compromised under this subsection from
amounts it owes the person liable for the penalty.
‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—The
provisions set forth in chapter 461 shall be applicable to investigations and proceedings brought under
this subsection to the same extent that they are applicable to investigations and proceedings brought
with respect to aviation security duties designated to
be carried out by the Secretary.
‘‘(6) NONAPPLICATION.—
‘‘(A) PERSONS SUBJECT TO PENALTIES
DETERMINED BY THE SECRETARY OF DEFENSE.—Paragraphs (1) through (4) of this
subsection do not apply to the following persons, who shall be subject to penalties as determined by the Secretary of Defense or the Secretary’s designee:
‘‘(i) The transportation of personnel
or shipments of materials by contractors
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where the Department of Defense has assumed control and responsibility.
‘‘(ii) A member of the Armed Forces
of the United States when performing official duties.
‘‘(iii) A civilian employee of the Department of Defense when performing official duties.
‘‘(B) POSTAL SERVICE; DEPARTMENT OF
DEFENSE.—In this subsection, the term ‘person’ does not include—
‘‘(i) the United States Postal Service;
or
‘‘(ii) the Department of Defense.
‘‘(7) SMALL BUSINESS CONCERN DEFINED.—In
this subsection, 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’’.
Æ
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Text of the bill, H.R. 1269
