HR 1493 IHCommentsClose CommentsPermalink

To authorize the Secretary of Transportation to make grants to public transportation agencies, over-the-road bus operators, railroads, and other certain entities to improve security, and for other purposes.CommentsClose CommentsPermalink

March 13, 2007

Mr. MICA (for himself, Mr. DUNCAN, Mr. SHUSTER, Mr. YOUNG of Alaska, Mr. PETRI, Mr. COBLE, Mr. EHLERS, Mr. LATOURETTE, Mr. GARY G. MILLER of California, Mr. HAYES, Mr. BROWN of South Carolina, Mr. PLATTS, Mr. MACK, Mr. KUHL of New York, Mr. WESTMORELAND, Mrs. SCHMIDT, Mr. BOUSTANY, Mrs. DRAKE, Ms. FALLIN, and Mr. BUCHANAN) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureCommentsClose CommentsPermalink

To authorize the Secretary of Transportation to make grants to public transportation agencies, over-the-road bus operators, railroads, and other certain entities to improve security, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Public Transportation and Rail Security Assistance Act of 2007'.CommentsClose CommentsPermalink

TITLE I--PUBLIC TRANSPORTATION SECURITY

SEC. 101. FINDINGS; PURPOSE.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) throughout the world, public transportation systems have been a primary target of terrorist attacks, causing countless deaths and injuries;CommentsClose CommentsPermalink





(2) 5,800 public transportation agencies operate in the United States;CommentsClose CommentsPermalink





(3) 14,000,000 people in the United States ride public transportation each work day;CommentsClose CommentsPermalink





(4) safe and secure public transportation systems are essential to the Nation's economy and for significant national and international public events;CommentsClose CommentsPermalink





(5) the Federal Transit Administration has invested $84,500,000,000 since 1992 for construction and improvements to the Nation's public transportation systems;CommentsClose CommentsPermalink





(6) the Federal Government appropriately invested $19,600,000,000 in fiscal years 2002 through 2006 to protect the Nation's aviation system and its 2,000,000 daily passengers;CommentsClose CommentsPermalink





(7) the Federal Government invested $380,000,000 in fiscal years 2003 through 2006 for grants to protect public transportation systems in the United States;CommentsClose CommentsPermalink





(8) the Federal Government has invested $9.00 in aviation security improvements per passenger, but only $0.01 in public transportation security improvements per passenger;CommentsClose CommentsPermalink





(9) the Government Accountability Office, the Mineta International Institute for Surface Transportation Policy Studies, the American Public Transportation Association, and other experts have reported an urgent need for significant investment in transit security improvements;CommentsClose CommentsPermalink





(10) Federal financial assistance for transit security improvements should be separate from and supplementary to funding for longstanding Federal programs for investment in public transportation infrastructure;CommentsClose CommentsPermalink





(11) the final report of the National Commission on Terrorist Attacks Upon the United States (also known as the `9/11 Commission') found that the Federal Government should--CommentsClose CommentsPermalink





(A) identify and evaluate the transportation assets that need to be protected, set risk-based priorities for defending them, and select the most practical and cost-effective ways of doing so;CommentsClose CommentsPermalink





(B) develop a plan, a budget, and funding to implement the effort; andCommentsClose CommentsPermalink





(C) assign roles and missions to the relevant authorities (Federal, State, regional, and local) and to private stakeholders;CommentsClose CommentsPermalink





(12) the final report of the 9/11 Commission also found that homeland security assistance should be based strictly on an assessment of risks and vulnerabilities; andCommentsClose CommentsPermalink





(13) the Federal Government has a duty to deter and mitigate, to the greatest extent practicable, threats against the Nation's public transportation systems.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this title is to provide grants to public transportation agencies and over-the-road bus operators to improve security in a manner consistent with the recommendations of the 9/11 Commission described in subsections (a)(11) and (a)(12).CommentsClose CommentsPermalink

SEC. 102. DEFINITIONS.

In this title, the following definitions apply:CommentsClose CommentsPermalink





(1) PUBLIC TRANSPORTATION- The term `public transportation' has the meaning given the term in section 5302(a) of title 49, United States Code.CommentsClose CommentsPermalink





(2) PUBLIC TRANSPORTATION SECURITY ASSESSMENT- The term `public transportation security assessment' means a risk assessment (including a criticality or vulnerability assessment) of a public transportation system conducted pursuant to the annex executed under section 3028(b) of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (49 U.S.C. 5321 note; 119 Stat. 1624).CommentsClose CommentsPermalink





(3) SECRETARY- The term `Secretary' means the Secretary of Transportation, except as otherwise specifically provided.CommentsClose CommentsPermalink

SEC. 103. COMPONENTS OF SECURITY ASSESSMENTS AND PRIORITIZED PLANS.

(a) Security Assessments- The Secretary shall request that the Secretary of Homeland Security take necessary actions to ensure that the public transportation security assessment of each public transportation system identifies--CommentsClose CommentsPermalink





(1) the critical assets of the public transportation system;CommentsClose CommentsPermalink





(2) threats to those assets;CommentsClose CommentsPermalink





(3) security weaknesses in the public transportation system and its assets;CommentsClose CommentsPermalink





(4) redundant and backup systems required to ensure the continued operation of critical elements of the public transportation system in the event of an attack or other incident; andCommentsClose CommentsPermalink





(5) the extent to which public transportation employees, including bus and rail operators, mechanics, customer service personnel, maintenance employees, transit police, and security personnel, have received training in security awareness and public transportation system emergency response procedures.CommentsClose CommentsPermalink





(b) Prioritized Plans- A public transportation agency that has received an assessment described in subsection (a) shall develop, in consultation with the Secretary of Homeland Security, a prioritized plan of needed capital and operational security improvements based on the results of the assessment.CommentsClose CommentsPermalink

SEC. 104. NATIONAL PUBLIC TRANSPORTATION SECURITY NEEDS ASSESSMENT.

(a) In General- The Secretary shall develop a national public transportation security needs assessment (in this section referred to as the `national assessment') to determine the total costs of needed capital and operational security improvements for the Nation's public transportation systems.CommentsClose CommentsPermalink





(b) Use of Prioritized Plans Developed by Public Transportation Agencies- The Secretary shall develop the national assessment based on prioritized plans developed by public transportation agencies under section 103(b).CommentsClose CommentsPermalink





(c) Recommended Funding Levels- The national assessment shall include recommended funding levels for each of fiscal years 2008 through 2010 for carrying out the capital security assistance program authorized by section 105(a) and the operational security assistance program authorized by section 105(b).CommentsClose CommentsPermalink





(d) Report- Not later than 90 days after the date of enactment of this Act, the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing the national assessment.CommentsClose CommentsPermalink

SEC. 105. SECURITY ASSISTANCE GRANTS.

(a) Capital Security Assistance Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall make grants directly to eligible public transportation agencies for capital security improvements described in paragraph (2).CommentsClose CommentsPermalink





(2) ALLOWABLE USE OF FUNDS- Grant funds received under paragraph (1) shall be used for--CommentsClose CommentsPermalink





(A) tunnel protection systems;CommentsClose CommentsPermalink





(B) perimeter protection systems;CommentsClose CommentsPermalink





(C) redundant critical operations control systems;CommentsClose CommentsPermalink





(D) chemical, biological, radiological, or explosive detection systems;CommentsClose CommentsPermalink





(E) surveillance equipment;CommentsClose CommentsPermalink





(F) inspection technology;CommentsClose CommentsPermalink





(G) interoperable communications systems and equipment, including mobile service equipment to provide access to 911 emergency services in an underground fixed guideway system;CommentsClose CommentsPermalink





(H) emergency response equipment;CommentsClose CommentsPermalink





(I) fire suppression and decontamination equipment;CommentsClose CommentsPermalink





(J) global positioning or automated vehicle locator type system equipment;CommentsClose CommentsPermalink





(K) evacuation improvements;CommentsClose CommentsPermalink





(L) security training for transit employees, including bus and rail operators, mechanics, customer service employees, maintenance employees, transit police, and security personnel;CommentsClose CommentsPermalink





(M) live or simulated drills; andCommentsClose CommentsPermalink





(N) other capital security improvements.CommentsClose CommentsPermalink





(3) Government's SHARE- A grant for a capital security improvement project under this subsection shall be for 80 percent of the net project cost of the project. The recipient may provide additional local matching amounts.CommentsClose CommentsPermalink





(b) Operational Security Assistance Program-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall make grants directly to eligible public transportation agencies for operational security improvements described in paragraph (2).CommentsClose CommentsPermalink





(2) ALLOWABLE USE OF FUNDS- Grant funds received under paragraph (1) shall be used for--CommentsClose CommentsPermalink





(A) public awareness campaigns for enhanced public transportation security;CommentsClose CommentsPermalink





(B) canine patrols for chemical, biological, or explosives detection;CommentsClose CommentsPermalink





(C) overtime reimbursement for enhanced security personnel during significant national and international public events, consistent with the priorities established under subsection (e); andCommentsClose CommentsPermalink





(D) other appropriate security improvements identified under subsection (e), including hiring additional security personnel determined necessary under subsection (e), but excluding routine, ongoing personnel costs.CommentsClose CommentsPermalink





(3) Government's SHARE- A grant for an operating security improvement project under this subsection may not exceed 50 percent of the net project cost of the project.CommentsClose CommentsPermalink





(c) Eligibility- A public transportation agency shall be eligible for a grant under this section if the agency has received or is undergoing a public transportation security assessment.CommentsClose CommentsPermalink





(d) Allocations-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary, in consultation with the Secretary of Homeland Security, shall allocate grant funds under this section based on the results of public transportation security assessments described in section 103(a) and in a manner that prioritizes the award of grant funds each fiscal year based on risk, consequences, vulnerability, and threat.CommentsClose CommentsPermalink





(2) RESPONSE TO URGENT THREATS- After providing written notice to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, the Secretary may adjust grant allocations under this subsection if the Secretary determines that the adjustment is necessary to respond to an urgent threat or other significant factors.CommentsClose CommentsPermalink





(e) Security Improvement Priorities-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary, in consultation with the Secretary of Homeland Security, shall establish security improvement priorities for each public transportation agency receiving a public transportation security assessment.CommentsClose CommentsPermalink





(2) CONSULTATION; PRIORITIZED PLAN- The Secretary shall establish priorities under paragraph (1)--CommentsClose CommentsPermalink





(A) in consultation with the management and employee representatives of the public transportation agency; andCommentsClose CommentsPermalink





(B) in a manner that is consistent with the system's prioritized plan of needed capital and operational security improvements described in section 103(b).CommentsClose CommentsPermalink





(3) APPLICABILITY- Priorities established under paragraph (1) shall apply to funds provided to a public transportation agency under this section.CommentsClose CommentsPermalink





(f) Transit Agency Responsibilities- Each public transportation agency that receives a grant under this section shall--CommentsClose CommentsPermalink





(1) identify a security coordinator to coordinate security improvements;CommentsClose CommentsPermalink





(2) develop a comprehensive plan that demonstrates the agency's capacity for operating and maintaining the equipment purchased under this section; andCommentsClose CommentsPermalink





(3) report annually to the Department of Transportation on the use of grant funds received under this section.CommentsClose CommentsPermalink





(g) Grant Requirements- Except as otherwise specifically provided in this title, a grant provided under this section shall be subject to the terms and conditions applicable to grants made under section 5307 of title 49, United States Code, and to such other terms and conditions as are determined by the Secretary.CommentsClose CommentsPermalink

SEC. 106. INTELLIGENCE SHARING.

(a) Intelligence Sharing- The Secretary shall request that the Secretary of Homeland Security provide appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States.CommentsClose CommentsPermalink





(b) Information Sharing Analysis Center-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Secretary shall fund the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (referred to in this subsection as the `ISAC') established pursuant to Presidential Directive 63 to protect critical infrastructure.CommentsClose CommentsPermalink





(2) PUBLIC TRANSPORTATION AGENCY PARTICIPATION- The Secretary--CommentsClose CommentsPermalink





(A) shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC;CommentsClose CommentsPermalink





(B) shall encourage all other public transportation agencies to participate in the ISAC; andCommentsClose CommentsPermalink





(C) shall not charge any public transportation agency a fee for participation in the ISAC.CommentsClose CommentsPermalink

SEC. 107. REPORTING REQUIREMENT.

(a) In General- Not later than September 30, 2008, the Secretary, in consultation with the Secretary of Homeland Security, shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report that describes the implementation of sections 103 through 106. The Secretary may submit the report in classified and unclassified forms.CommentsClose CommentsPermalink





(b) Contents- The report shall include--CommentsClose CommentsPermalink





(1) a description of the state of public transportation security in the United States; andCommentsClose CommentsPermalink





(2) a description of actions taken by Federal, State, regional, and local governments and private stakeholders to address threats to, and security weaknesses in, the public transportation system and its assets.CommentsClose CommentsPermalink

SEC. 108. PUBLIC TRANSPORTATION EMPLOYEE SECURITY TRAINING PROGRAM.

(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Homeland Security, appropriate law enforcement, security, and terrorism experts, representatives of public transportation agencies, and representatives of public transportation employees, shall develop and issue guidelines for a public transportation employee security training program to prepare public transportation employees for potential threat conditions.CommentsClose CommentsPermalink





(b) Public Transportation Agency Programs-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date on which Secretary issues guidance under subsection (a) in final form, each public transportation agency that has received or is undergoing a public transportation security assessment shall develop an employee training program in accordance with such guidance.CommentsClose CommentsPermalink





(2) REVIEW AND APPROVAL- Each public transportation agency referred to in paragraph (1) shall submit its employee training program to the Secretary for review and approval or amendment.CommentsClose CommentsPermalink





(3) IMPLEMENTATION- Not later than one year after the date on which the Secretary approves an employee training program of a public transportation agency under paragraph (2), the agency shall complete employee training in accordance with such program with respect to the employees of the agency identified in the agency's public transportation security assessment. Other public transportation agency employees may also be trained under the agency's employee training program.CommentsClose CommentsPermalink





(c) Reporting- As part of the Secretary's report to Congress under section 107, the Secretary shall include an analysis of the extent to which public transportation agencies are successfully carrying out the employee training programs described in this section.CommentsClose CommentsPermalink

SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

(a) Capital Security Assistance Program- Subject to subsection (d), there is authorized to be appropriated such sums as may be necessary to carry out section 105(a) for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink





(b) Operational Security Assistance Program- Subject to subsection (d), there is authorized to be appropriated such sums as may be necessary to carry out section 105(b) for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink





(c) Information Sharing and Analysis Center- There is authorized to be appropriated to carry out section 106(b) $1,000,000 for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink





(d) Effect of Recommended Funding Levels- Amounts appropriated for a fiscal year to carry out a program authorized by section 105(a) or 105(b) may not exceed the recommended funding level for that program established by the Secretary for that fiscal year under section 104(c).CommentsClose CommentsPermalink





(e) Period of Availability- Sums appropriated pursuant to this section shall remain available until expended.CommentsClose CommentsPermalink

TITLE II--OVER-THE-ROAD BUS SECURITY ASSISTANCE

SEC. 201. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.

(a) In General- The Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall establish a program for making grants to private operators of over-the-road buses for system-wide security improvements to their operations, including--CommentsClose CommentsPermalink





(1) constructing and modifying terminals, garages, facilities, or over-the-road buses to assure their security;CommentsClose CommentsPermalink





(2) protecting or isolating the driver;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(4) training employees in recognizing and responding to security threats, evacuation procedures, passenger screening procedures, and baggage inspection;CommentsClose CommentsPermalink





(5) hiring and training security officers;CommentsClose CommentsPermalink





(6) installing cameras and video surveillance equipment on over-the-road buses and at terminals, garages, and over-the-road bus facilities;CommentsClose CommentsPermalink





(7) creating a program for employee identification or background investigation;CommentsClose CommentsPermalink





(8) establishing an emergency communications system linked to law enforcement and emergency personnel; andCommentsClose CommentsPermalink





(9) implementing and operating passenger screening programs at terminals and on over-the-road buses.CommentsClose CommentsPermalink





(b) Federal Share- The Federal share of the cost for which any grant is made under this section shall be 80 percent.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(d) Report on Industry Priorities-CommentsClose CommentsPermalink





(1) STUDY- The Administrator of the Federal Motor Carrier Safety Administration shall conduct a study of--CommentsClose CommentsPermalink





(A) the critical assets and systems of the nationwide over-the-road bus industry;CommentsClose CommentsPermalink





(B) security threats to the assets and systems;CommentsClose CommentsPermalink





(C) security weaknesses in the assets and systems; andCommentsClose CommentsPermalink





(D) redundant and backup systems required to ensure the continued operation of critical elements of the assets and systems in the event of an attack or other incident.CommentsClose CommentsPermalink





(2) CONSULTATION- In conducting the study, the Administrator shall consult with representatives of private over-the-road bus operators and the employees of such operators.CommentsClose CommentsPermalink





(3) REPORT- Not later than 90 days after the date of enactment of this Act, the Administrator shall submit to the Secretary of Transportation and the Secretary of Homeland Security a report, based on the results of the study, detailing the critical assets, threats, and weaknesses in the over-the-road bus industry. The Administrator shall update the report on an annual basis.CommentsClose CommentsPermalink





(e) Allocation of Grants- The Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall establish priorities for the allocation of grants under this section based on the report required by subsection (d)(3) and shall make grants under this section in accordance with those priorities.CommentsClose CommentsPermalink

SEC. 202. PLAN REQUIREMENT.

(a) In General- The Secretary of Transportation may not make a grant under section 201 to a private operator of over-the-road buses until the operator has first submitted to the Secretary an application containing--CommentsClose CommentsPermalink





(1) a plan for making security improvements described in section 201 and the Secretary has approved the plan; andCommentsClose CommentsPermalink





(2) 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.CommentsClose CommentsPermalink





(b) Coordination- To the extent that an application for a grant submitted 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.CommentsClose CommentsPermalink





(c) Consultation With DHS- In approving plans under subsection (a)(1), the Secretary may consult with the Secretary of Homeland Security.CommentsClose CommentsPermalink

SEC. 203. OVER-THE-ROAD BUS DEFINED.

In this title, the term `over-the-road bus' means a bus characterized by an elevated passenger deck located over a baggage compartment.CommentsClose CommentsPermalink

SEC. 204. BUS SECURITY ASSESSMENT.

(a) In General- Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a preliminary report in accordance with the requirements of this section.CommentsClose CommentsPermalink





(b) Contents of Preliminary Report- The preliminary report shall include--CommentsClose CommentsPermalink





(1) an assessment of the over-the-road bus security grant program;CommentsClose CommentsPermalink





(2) 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;CommentsClose CommentsPermalink





(3) an assessment of whether additional legislation is needed to provide for the security of Americans traveling on over-the-road buses;CommentsClose CommentsPermalink





(4) 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;CommentsClose CommentsPermalink





(5) 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;CommentsClose CommentsPermalink





(6) an assessment of industry best practices to enhance security; andCommentsClose CommentsPermalink





(7) an assessment of the total costs of needed improvements to substantially improve the security of the Nation's over-the-road bus industry and a recommended funding level for carrying out this title based on that assessment for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink





(c) 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.CommentsClose CommentsPermalink

SEC. 205. FUNDING.

(a) In General- Subject to subsection (b), there is authorized to be appropriated to the Secretary of Transportation such sums as may be necessary to carry out this title for each of fiscal years 2008 through 2010.CommentsClose CommentsPermalink





(b) Effect of Recommended Funding Levels- Amounts appropriated for a fiscal year to carry out this title may not exceed the recommended funding level established by the Secretary for that fiscal year under section 204(b)(7) .CommentsClose CommentsPermalink





(c) Period of Availability- Amounts appropriated pursuant to this section shall remain available until expended.CommentsClose CommentsPermalink

TITLE III--RAIL SECURITY

SEC. 301. RAILROAD TRANSPORTATION SECURITY PLAN.

(a) Requirement-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, shall develop a plan for the security of the Nation's railroads. The plan shall include--CommentsClose CommentsPermalink





(A) identification and evaluation of critical railroad assets and infrastructures;CommentsClose CommentsPermalink





(B) identification of threats to those assets and infrastructures;CommentsClose CommentsPermalink





(C) identification of vulnerabilities that are specific to the transportation of hazardous materials via railroad;CommentsClose CommentsPermalink





(D) identification of redundant and backup systems required to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks;CommentsClose CommentsPermalink





(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 plan;CommentsClose CommentsPermalink





(F) a plan for the Federal Government to provide increased security support at high or severe threat levels of alert, developed in consultation with the freight and intercity passenger railroads and State and local governments;CommentsClose CommentsPermalink





(G) procedures for establishing and maintaining permanent and comprehensive consultative relations among the parties described in subsection (b); andCommentsClose CommentsPermalink





(H) 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--CommentsClose CommentsPermalink





(i) the possibility of rerouting traffic due to the loss of critical infrastructure, such as a bridge, tunnel, yard, or station; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS- The plan shall take into account actions taken or planned by both public and private entities to address identified security issues and assess the effective integration of such actions.CommentsClose CommentsPermalink





(3) RECOMMENDATIONS- The Secretary of Transportation shall develop and implement prioritized recommendations for improving railroad security, including recommendations for--CommentsClose CommentsPermalink





(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 railroad-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 railroad service;CommentsClose CommentsPermalink





(B) deploying equipment to detect explosives and hazardous chemical, biological, and radioactive substances, and any appropriate countermeasures;CommentsClose CommentsPermalink





(C) installing redundant and backup systems to ensure the continued operation of critical elements of the railroad system in the event of an attack or other incident, including disruption of commercial electric power or communications networks;CommentsClose CommentsPermalink





(D) conducting public outreach campaigns on passenger railroads;CommentsClose CommentsPermalink





(E) deploying surveillance equipment; andCommentsClose CommentsPermalink





(F) identifying the immediate and long-term costs of measures that may be required to address those risks.CommentsClose CommentsPermalink





(b) Consultation- In developing the plan under subsection (a), the Secretary of Transportation shall consult with rail management, rail labor, owners or lessors of rail cars used to transport hazardous materials, first responders, shippers of hazardous materials, State Departments of Transportation, public safety officials (including those within agencies and offices of the Department of Homeland Security), and other relevant parties.CommentsClose CommentsPermalink





(c) Report-CommentsClose CommentsPermalink





(1) CONTENTS- Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall transmit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing the plan and prioritized recommendations required by subsection (a), along with recommended funding levels for each of fiscal years 2008 through 2010 for carrying out the implementation plan and such recommendations.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Transportation such sums as may be necessary for fiscal years 2008 through 2010 for the purpose of carrying out this section. Amounts appropriated for a fiscal year to carry out this section may not exceed the recommended funding level for such fiscal year established by the Secretary under subsection (c)(1). Amounts appropriated pursuant to this subsection shall remain available until expended.CommentsClose CommentsPermalink

SEC. 302. SILENCE MEANS SECURITY.

(a) Definitions- For the purposes of this section--CommentsClose CommentsPermalink





(1) the term `cargo information' means information regarding--CommentsClose CommentsPermalink





(A) the contents of a rail car or container containing hazardous material, except for information contained on a placard placed on a rail car;CommentsClose CommentsPermalink





(B) the routes of such hazardous material, including ports of embarkation and disembarkation and locations of acceptance and delivery by shippers; orCommentsClose CommentsPermalink





(C) security threats or incidents occurring en route;CommentsClose CommentsPermalink





(2) the term `covered individual' means an employee of--CommentsClose CommentsPermalink





(A) a rail carrier;CommentsClose CommentsPermalink





(B) a rail shipper; orCommentsClose CommentsPermalink





(C) a railroad contractor or railroad labor organization; andCommentsClose CommentsPermalink





(3) the term `security vulnerability' means the existence of a condition, practice, or procedure which may constitute a threat to national or homeland security.CommentsClose CommentsPermalink





(b) Prohibition- Except as provided in subsection (c), no covered individual shall reveal a security vulnerability, cargo information, security plan, or security training program to any other person.CommentsClose CommentsPermalink





(c) Reporting of a Security Vulnerability or Cargo Information- A covered individual may lawfully reveal or report a security vulnerability, cargo information, security plan, or security training program to--CommentsClose CommentsPermalink





(1) an employee of a railroad, or an agent acting on behalf of a railroad;CommentsClose CommentsPermalink





(2) a railroad police officer or any other Federal, State, or local law enforcement or public safety official;CommentsClose CommentsPermalink





(3) a representative of the covered individual's labor organization;CommentsClose CommentsPermalink





(4) a representative of a railroad industry organization, including the Association of American Railroads, the American Public Transportation Association, the American Short Line and Regional Railroad Association, and the Railway Supply Institute;CommentsClose CommentsPermalink





(5) a representative of the Department of Transportation or Department of Homeland Security, or any agency thereof; orCommentsClose CommentsPermalink





(6) a rail shipper, consignee, rail equipment owner, lessor or lessee, or person handling or processing cargo information on behalf of a railroad, shipper, or consignee.CommentsClose CommentsPermalink





(d) Civil Penalties- Any person who violates this section shall be subject to a civil penalty assessed by the Secretary of Transportation in an amount not to exceed $5,000 per violation.CommentsClose CommentsPermalink

SEC. 303. MISCELLANEOUS TECHNICAL AND CONFORMING PROVISIONS.

(a) Rail Police Officers- Section 28101 of title 49, United States Code, is amended by striking `the rail carrier' each place it appears and inserting `any rail carrier'.CommentsClose CommentsPermalink





(b) Review of Rail Regulations- Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Under Secretary of Homeland Security for Border and Transportation Security, 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 railroad security.CommentsClose CommentsPermalink





(c) Railroad Security- Section 20101 of title 49, United States Code, is amended by striking `safety' and inserting `safety, including security,'.CommentsClose CommentsPermalink





(d) 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,'.CommentsClose CommentsPermalink





(e) 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 title.CommentsClose CommentsPermalink

SEC. 304. DEFINITION.

For purposes of this title, the term `railroad' has the meaning given that term in section 20102 of title 49, United States Code.CommentsClose CommentsPermalink