Rail and Public Transportation Security Act of 2006 - Amends the Homeland Security Act of 2002 to direct the Secretary of Homeland Security (Secretary) for the Department of Homeland Security (DHS) to develop and implement, and update as appropriate, a National Rail and Public Transportation Security Plan.
Requires the Secretary, acting through the Transportation Security Administration (TSA), to promulgate regulations that require a railroad carrier or public transportation system owner or operator to: (1) conduct an assessment of the vulnerability of the rail or public transportation system to terrorism; and (2) prepare and implement a security plan that addresses identified vulnerabilities.
Directs the Secretary to develop, and submit to Congress, a Rail and Public Transportation Strategic Information Sharing Plan.
Establishes a grant program to allocate federal assistance to U.S. rail and public transportation systems. Sets forth uses of such grants, including to remedy rail and public transportation security vulnerabilities identified in the assessments.
Requires rail and public transportation systems to develop for its workers a rail and public transportation security training program that conforms to guidelines established by the Secretary.
Establishes: (1) a Rail and Public Transportation Security Exercise Program; and (2) a research and development program to improve rail and mass transit security.
Sets forth certain whistleblower protections for DHS and rail employees (including federal contractors and subcontractors) who have provided information or otherwise assisted in any investigation regarding certain conduct, or who have refused to violate or assist in the violation of any regulation related to national or homeland security.
Requires an increase in the number of DHS rail security inspectors.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5714 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5714
To improve the security of rail and public transportation systems in
the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 29, 2006
Mr. Thompson of Mississippi (for himself, Ms. Corrine Brown of Florida,
Ms. Jackson-Lee of Texas, Ms. Norton, Mr. Langevin, and Mrs.
Christensen) 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 rail and public transportation 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 2006''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Security of United States rail and public transportation
systems.
Sec. 4. Rail and public transportation security grant program.
Sec. 5. Rail and public transportation security training program.
Sec. 6. Rail and public transportation security exercise program.
Sec. 7. Interagency cooperation.
Sec. 8. Rail security research and development.
Sec. 9. Whistleblower protections.
Sec. 10. Increase in rail security inspectors.
SEC. 2. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning given
that term in section 2(2) of the Homeland Security Act of 2002
(6 U.S.C. 101(2)).
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) Terrorism.--The term ``terrorism'' has the meaning
given that term in section 2(15) of the Homeland Security Act
of 2002 (6 U.S.C. 101(15)).
SEC. 3. SECURITY OF UNITED STATES RAIL AND PUBLIC TRANSPORTATION
SYSTEMS.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
by adding at the end the following new title:
``TITLE XVIII--SECURITY OF UNITED STATES RAIL AND PUBLIC TRANSPORTATION
SYSTEMS
``SEC. 1801. NATIONAL RAIL AND PUBLIC TRANSPORTATION SECURITY PLAN.
``(a) In General.--The Secretary shall develop and implement, and
update as appropriate, a supplement to the National Strategy for
Transportation Security required under section 114(t) of title 49,
United States Code to be entitled the `National Rail and Public
Transportation Security Plan.'
``(b) Included Elements.--The supplement required under subsection
(a) shall--
``(1) include a description of the roles, responsibilities,
and authorities of Federal, State, and local agencies,
designated Federal and government sponsored entities, tribal
governments, and appropriate rail and public transportation
stakeholders, including nonprofit employee organizations that
represent rail and public transportation system employees;
``(2) identify and address gaps and unnecessary overlaps in
the roles, responsibilities, or authorities described in
paragraph (1);
``(3) identify and make recommendations regarding
legislative, regulatory, and organizational changes necessary
to improve coordination among the entities described in
paragraph (1) to enhance the security of rail and public
transportation systems;
``(4) designate--
``(A) areas for which Area Rail and Public
Transportation Security Plans are required to be
prepared under section 1802; and
``(B) who shall be members of the Area Rail and
Public Transportation Security Committee for each such
area;
``(5) provide measurable goals, including objectives,
mechanisms and a schedule, for enhancing the security of rail
and public transportation systems;
``(6) include a process for sharing intelligence and
information with the entities described in paragraph (1);
``(7) include a process for expediting security clearances
to facilitate intelligence and information sharing with the
entities described in paragraph (6);
``(8) describe current and future public outreach and
educational initiatives designed to inform the public how to
prevent, prepare for and respond to a terrorist attack on rail
and public transportation systems;
``(9) include a framework for resuming the operation of
rail and public transportation systems as soon as possible in
the event of an act of terrorism;
``(10) include a strategy and timeline for the Department
and other appropriate Federal agencies to research and develop
new technologies, including advanced technologies with long
term research and development timelines for securing rail and
public transportation systems;
``(11) build on available resources and consider costs and
benefits;
``(12) describe how the Department has reviewed the
previous attacks on rail and public transportation systems
throughout the world in the last 10 years, the lessons learned
from this review, and how these lessons inform current and
future efforts to secure rail and public transportation
systems; and
``(13) expand upon and relate to existing strategies and
plans, including the National Infrastructure Protection Plan
required by Homeland Security Presidential Directive-7.
``SEC. 1802. AREA RAIL AND PUBLIC TRANSPORTATION SECURITY PLANS.
``(a) Plan Submittal.--The Area Rail and Public Transportation
Security Committee designated under section 1801(b)(4)(B) shall submit
to the Secretary an Area Rail and Public Transportation Security Plan
for the area.
``(b) Plan.--The Area Rail and Public Transportation Security Plan
for an area shall--
``(1) when implemented in conjunction with the National
Rail and Public Transportation Security Plan, be adequate to
deter a transportation security incident in or near the area to
the maximum extent practicable;
``(2) describe in detail how the plan is integrated with
other Area Rail and Public Transportation Security Plans, with
the rail and public transportation security plans required
under this title, and with any Area Maritime Transportation
Security Plan required under section 70103(b) of title 46,
United States Code, as appropriate;
``(3) include any other information the Secretary requires;
and
``(4) be updated at least every 5 years.
``(c) Review.--The Secretary shall--
``(1) review and approve Area Rail and Public
Transportation Security Plans under this section; and
``(2) periodically review previously approved Area Rail and
Public Transportation Security Plans.
``(d) Composition and Duties of the Area Rail and Public
Transportation Security Committee.--
``(1) In general.--The Area Rail and Public Transportation
Security Committee designated under section 1801(b)(4)(B) shall
be composed of representatives of the rail and public
transportation systems, including employee organizations, and
other appropriate rail and public transportation stakeholders
selected by the Secretary, in the areas for which Area Rail and
Public Transportation Security Plans are required to be
prepared under subsection (a).
``(2) Appointees.--The Secretary shall appoint individuals
from entities described in paragraph (1) to the Area Rail and
Public Transportation Security Committee.
``(3) Solicitaion of nominations.--Before appointing an
individual to a position on such a committee, the Secretary
shall publish a notice in the Federal Register soliciting
nominations for membership on the committee.
``(4) Security.--The Secretary may require an individual to
have passed an appropriate security background examination
before appointment to the Committee.
``(5) Chairperson and vice chairperson.--(A) Each committee
established under section 1801(b)(4)(B) shall elect 1 of its
members as the Chairman and 1 of its members as the Vice
Chairperson.
``(B) The Vice Chairman shall act as Chairman in the
absence or incapacity of the Chairman, or in the event of a
vacancy in the office of the Chairman.
``(6) Observers.--(A) The Secretary shall, and the head of
any other interested Federal agency may, designate a
representative to participate as an observer with the
Committee.
``(B) The Secretary's designated representative shall act
as the executive secretary of the Committee and shall perform
the duties set forth in section 10(c) of the Federal Advisory
Committee Act (5 U.S.C. App.).
``(7) Compensation and expenses.--(A) A member of a
committee established under this section, when attending
meetings of the committee or when otherwise engaged in the
business of the committee, is entitled to receive--
``(i) compensation at a rate fixed by the
Secretary, not exceeding the daily equivalent of the
current rate of basic pay in effect for GS-15 of the
General Schedule under section 5332 of title 5, United
States Code, including travel time; and
``(ii) travel or transportation expenses under
section 5703 of such title 5.
``(B) A member of such a committee shall not be considered
to be an officer or employee of the United States for any
purpose based on their receipt of any payment under this
subsection.
``(8) FACA.--The Federal Advisory Committee Act (5 U.S.C.
App.) does not apply to Area Rail and Public Transportation
Security Committees established under this section.
``SEC. 1803. RAIL AND PUBLIC TRANSPORTATION VULNERABILITY ASSESSMENTS
AND SECURITY PLANS.
``(a) In General.--
``(1) Requirement.--Not later than 1 year after the date of
enactment of this title, the Secretary, acting through the
Transportation Security Administration, shall promulgate
regulations that--
``(A) establish standards, protocols, and
procedures for vulnerability assessments and security
plans for rail and public transportation systems;
``(B) require the railroad carrier or public
transportation system owner or operator to--
``(i) conduct an assessment of the
vulnerability of the rail or public
transportation system to an act of terrorism;
and
``(ii) prepare and implement a security
plan that addresses the vulnerabilities
identified in the vulnerability assessment; and
``(C) set deadlines of no later than 1 year after
the promulgation of the regulations under this
paragraph for the completion and submission to the
Secretary of vulnerability assessments and security
plans.
``(2) Consultation.--In promulgating the regulations under
paragraph (1) the Secretary shall consult with the Department
of Transportation and other appropriate Federal agencies.
``(b) Vulnerability Assessments.--
``(1) Requirements.--The Secretary shall provide assistance
and guidance to a rail or public transportation system in
conducting vulnerability assessments and shall require that the
vulnerability assessments include at a minimum--
``(A) identification and evaluation of critical
assets and infrastructures, including subway platforms,
rail, bus, and ferry terminals, rail tunnels, rail
bridges, rail switching and storage areas, and
information systems;
``(B) identification of the threats to those assets
and infrastructures; and
``(C) identification of vulnerabilities in--
``(i) physical security;
``(ii) passenger and commuter security;
``(iii) programmable electronic devices,
computers, computer or communications networks,
or other automated systems which are used by
the rail or public transportation system;
``(iv) alarms, cameras and other protection
systems;
``(v) communications systems;
``(vi) utilities;
``(vii) contingency response; and
``(iix) other areas as determined by the
Secretary.
``(2) Threat information.--
``(A) The vulnerability assessments under paragraph
(1) shall incorporate any threat information as
provided by the Secretary.
``(B) The Secretary shall provide in a timely
manner, to the maximum extent practicable under
applicable authority and in the interests of national
security, to the rail or public transportation system
subject to the requirements in paragraph (1), threat
information that is relevant to that rail or public
transportation system, including an assessment of the
most likely method that could be used by terrorists to
exploit vulnerabilities, and their likelihood of
success.
``(c) Security Plans.--
``(1) Requirements.--The Secretary shall provide assistance
and guidance to rail and public transportation systems in
preparing and implementing security plans and shall require
that the security plan include at a minimum--
``(A) identification of the qualified individual
having full authority to implement security actions,
and require immediate communications between that
individual and the appropriate Federal officials;
``(B) security measures to address the
vulnerabilities of the rail or public transportation
system to a terrorist incident;
``(C) plans for periodic drills and exercises that
include participation by local law enforcement agencies
and first responders as appropriate;
``(D) equipment, plans, and procedures to be
implemented or used by the rail or public
transportation system in response to a terrorist
attack, including evacuation and passenger
communication plans;
``(E) identification of steps taken with State and
local law enforcement agencies, first responders, and
Federal officials to coordinate security measures and
plans for response to a terrorist attack;
``(F) provide a strategy and timeline for
conducting training and periodic unannounced drills for
employees of a rail or public transit system to be
carried out under the plan to prevent, prepare, or
respond to a terrorist attack, including through the
training required under section 802;
``(G) enhanced security measures to be taken when
the Secretary declares a period of heightened security
risk; and
``(H) other actions or procedures the Secretary
determines are appropriate to address the vulnerability
of a rail or public transportation system to a
terrorist attack.
``(2) Consistency with other plans.--Security plans shall
be consistent with the requirements of the National Rail and
Public Transportation Security Plan and Area Rail and Public
Transportation Security Plans.
``(3) Review of security plans.--
``(A) In general.--Not later than 6 months after
the date on which the Secretary receives and approves a
vulnerability assessment submitted by a rail or public
transportation system, the Secretary shall review the
security plan for the rail or public transportation
system and approve or disapprove the security plan.
``(B) Disapproval.--In the event of disapproval,
the Secretary shall provide to the rail or public
transportation system a clear explanation of any
deficiency in the security plan submitted by the system
and guidance to assist the system in addressing such
deficiency.
``(d) Enforcement.--
``(1) Submission of information.--The Secretary shall
specify in regulations promulgated under subsection (a),
specific deadlines for the submission of vulnerability
assessments and security plans to the Secretary.
``(2) Failure to comply.--If a rail or public
transportation system fails to submit a vulnerability
assessment or security plan in accordance with this title, the
Secretary may issue an order requiring the submission of a
vulnerability assessment or security plan in accordance with
subsection (e).
``(3) Review.--The Secretary, in accordance with paragraph
(4), may--
``(A) disapprove a vulnerability assessment or
security plan submitted under this title; and
``(B) order the railroad carrier or public
transportation owner or operator that submitted the
vulnerability assessment or security plan to revise,
recertify, and submit the assessment or plan to correct
deficiencies specified in the order.
``(4) Disapproval.--The Secretary shall disapprove under
paragraph (3) a vulnerability assessment or security plan if
the Secretary determines that---
``(A) the vulnerability assessment or security plan
does not comply with regulations promulgated under
subsection (a); or
``(B) the security plan, or the implementation of
the security plan, is insufficient to address--
``(i) the results of a vulnerability
assessment of the rail or public transportation
system or associated oversight actions taken
under this section; or
``(ii) a threat of a terrorist incident
upon the rail or public transportation system.
``(5) Compliance.--If the Secretary disapproves a
vulnerability assessment or security plan, or the
implementation of a security plan, the Secretary shall--
``(A) provide the railroad carrier or public
transportation system owner or operator a written
notification of the determination that includes a clear
explanation of deficiencies in the vulnerability
assessment, security plan, or implementation of the
assessment or plan;
``(B) consult with the railroad carrier or public
transportation system owner or operator to identify
appropriate steps to achieve compliance with the
requirements of this title; and
``(C) if, following that consultation, the railroad
carrier or public transportation system owner or
operator does not achieve compliance in accordance with
the requirements of this title by such date as the
Secretary determines to be appropriate under the
circumstances, issue an order requiring the railroad
carrier or public transportation system owner or
operator to correct specified deficiencies by a
specified date.
``(e) Penalties.--
``(1) Administrative penalties.--
``(A) The Secretary may issue an administrative
penalty of not more than $75,000 for failure to comply
with an order issued by the Secretary under this title.
``(B) Before issuing an order described in
subparagraph (A), the Secretary shall provide to the
person against which the penalty is to be assessed--
``(i) written notice of the proposed order;
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 order.
``(C) The Secretary may promulgate regulations
outlining the procedures for administrative hearings
and appropriate review, including necessary deadlines.
``(2) Civil penalties.--
``(A) In general.--The Secretary may bring an
action in a United States district court against any
railroad carrier or public transportation system owner
or operator that violates or fails to comply with any
order or directive issued by the Secretary under this
title or a security plan approved by the Secretary
under this title.
``(B) Relief.--In any action under subparagraph
(A), a court may issue an order for injunctive relief
and may award 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 railroad carrier or public
transportation system owner or operator who knowingly and
intentionally violates any order issued by the Secretary under
this title shall be fined not more than $50,000 for each day of
such violation, imprisoned for no more than 2 years, or both.
``(f) Red Team Exercises.--The Secretary, in cooperation with the
Department of Transportation, shall conduct red team exercise at
selected rail and public transportation systems to identify
vulnerabilities, possible modes of attack, and security plan
weaknesses.
``(g) Existing Procedures, Protocols and Standards.--
``(1) Determination.--In response to a petition by railroad
carrier or public transportation system owner or operator, or
at the discretion of the Secretary, the Secretary may endorse
or recognize existing procedures, protocols, and standards that
the Secretary determines to meet all or part of the
requirements of this title regarding vulnerability assessments
and security plans.
``(2) Requirements.--Upon review and written determination
by the Secretary that existing procedures, protocols, or
standards for a particular rail or public transportation system
satisfy some or all of the requirements of this title, the rail
or public transportation system may elect to comply with those
procedures, protocols, or standards.
``(3) Partial approval.--If the Secretary finds that the
existing procedures, protocols, and standards satisfy only part
of the requirements of this title, he may accept those
submissions, but shall require submission of any additional
information relevant to vulnerability assessments and security
plans to ensure that the requirements of this title are
fulfilled.
``(4) Notification.--If the Secretary does not endorse or
recognize particular procedures, protocols, and standards, the
Secretary shall provide to each railroad carrier or public
transportation system owner or operator that submitted a
petition under paragraph (1) a written notification that
includes an explanation of the reasons why the endorsement or
recognition was not made.
``(5) Review.--Nothing in this subsection shall relieve the
Secretary of the obligation--
``(A) to review the vulnerability assessment and
security plan submitted by each railroad carrier or
public transportation system owner or operator under
this section; and
``(B) to approve or disapprove each submission on
an individual basis.
``(h) Periodic Review.--
``(1) In general.--Not later than 3 years after the date of
approval of a vulnerability assessment and facility security
plan under this section, and not less often than every 5 years
thereafter (or on such a schedule as the Secretary may
establish by regulation) the railroad carrier or public
transportation system owner or operator covered by the
vulnerability assessment or security plan shall--
``(A) review the adequacy of the vulnerability
assessment and security plan; and
``(B) as specified by the Secretary, submit to the
Secretary the review, including a description of any
changes to the vulnerability assessment or security
plan.
``(2) Schedule.--The Secretary shall ensure that these
reviews are submitted according to the schedule set by the
Secretary, and that they are reviewed and approved within 6
months of receipt by the Secretary.
``(i) Co-Located Facilities.--The Secretary shall permit the
development and implementation of coordinated vulnerability assessments
and security plans, at the discretion of a rail or public
transportation system, to the extent two or more rail or public
transportation systems have shared facilities, such as tunnels,
bridges, or stations, or facilities that are geographically close or
otherwise co-located.
``SEC. 1804. RAIL AND PUBLIC TRANSPORTATION STRATEGIC INFORMATION
SHARING PLAN.
``(a) In General.--The Secretary, in consultation with the
Secretary of Transportation, shall develop and submit to the
appropriate congressional committees no later than 90 days after the
enactment of this title a Rail and Public Transportation Strategic
Information Sharing Plan to ensure the robust development of both
tactical and strategic intelligence products pertaining to the threats
and vulnerabilities to rail and public transportation systems for
dissemination to Federal, State, and local agencies; tribal
governments; and appropriate rail and public transportation
stakeholders.
``(b) Content of Plan.--The plan required under subsection (a)
shall include--
``(1) a description of how intelligence analysts in the
Transportation Security Administration are coordinating with
other intelligence analysts in the Department and other
Federal, State, and local agencies;
``(2) reasonable deadlines for the completion of any
organizational changes within the Department to accommodate
implementation of the plan; and
``(3) a description of resource needs for fulfilling the
plan.
``(c) Updates.--
``(1) After the plan is provided under subsection (a), the
Secretary shall certify to the appropriate congressional
committees when the plan has been fully implemented.
``(2) Until the Secretary provides the certification under
paragraph (1), the Secretary shall provide an update to the
appropriate congressional committees on the implementation of
the plan every 90 days.
``(3) 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 rail
and public transportation 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 private sector partners who were
provided with each intelligence product.
``(d) Survey.--The Secretary shall conduct an annual survey of the
satisfaction of each of the recipients of rail and public
transportation intelligence reports created and disseminated under the
plan, and include the results of this survey as part of the report
provided under subsection (c)(3).
``SEC. 1805. RULEMAKING REQUIREMENTS.
``(a) Interim Final Rule Authority.--The Secretary shall issue an
interim final rule as a temporary regulation implementing this title as
soon as practicable after the date of enactment of this section,
without regard to the provisions of chapter 5 of title 5, United States
Code. All regulations prescribed under the authority of this subsection
that are not earlier superseded by final regulations shall expire not
later than 1 year after the date of enactment of this title.
``(b) Initiation of Rulemaking.--The Secretary may initiate a
rulemaking to implement this title as soon as practicable after the
date of enactment of this section. The final rule issued pursuant to
that rulemaking may supersede the interim final rule promulgated under
this section.
``SEC. 1806. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Appropriate rail and public transportation
stakeholders.--The term `appropriate rail and public
transportation stakeholders' means freight and passenger
railroad carriers, nonprofit employee organizations
representing rail and public transportation workers, nonprofit
employee organizations representing emergency responders,
owners or lessors of rail cars used to transport hazardous
materials, shippers of hazardous materials, manufacturers of
rail tank cars, State Departments of Transportation, public
safety officials, and other relevant parties.
``(2) Railroad and railroad carrier.--The terms `railroad'
and `railroad carrier' have the meaning given those terms in
section 20102 of title 49, United States Code.
``(3) Public transportation systems.--The term `Public
Transportation System' means passenger, commuter, and other
modes of public transit, including light rail, subways, intra-
city buses, and ferries.''.
SEC. 4. RAIL AND PUBLIC TRANSPORTATION SECURITY GRANT PROGRAM.
Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.)
is amended--
(1) by redesignating the second section 510 (as added by
section 7303(d) of Public Law 108-458 (118 Stat. 3844)) as
section 511; and
(2) by adding at the end the following new section:
``SEC. 512. RAIL AND PUBLIC TRANSPORTATION SECURITY GRANT PROGRAM.
``(a) Grants Authorized.--The Secretary shall establish a grant
program to allocate Federal financial assistance to United States rail
and public transportation systems on the basis of risk and need.
``(b) Prioritization Process.--In awarding grants under this
section, the Secretary shall conduct an assessment of United States
rail and public transportation systems to develop a prioritization for
awarding grants authorized under subsection (a) based upon--
``(1) the most current risk assessment available from the
Department;
``(2) the national economic and strategic defense
considerations of individual rail and public transportation
systems; and
``(3) any other factors that the Secretary determines to be
appropriate.
``(c) Application.--
``(1) In general.--Any rail or public transportation
security system subject to the requirements of section 1803 may
submit an application for a grant under this section, at such
time, in such form, and containing such information and
assurances as the Secretary may require.
``(2) Minimum standards for payment or reimbursement.--Each
application submitted under paragraph (1) shall include--
``(A) a comprehensive description of--
``(i) the purpose of the project for which
the applicant seeks a grant under this section
and why the applicant needs the grant;
``(ii) the applicability of the project to
the Area Rail and Public Transportation
Security Plan and other homeland security
plans;
``(iii) the methodology for coordinating
the project into the security of the greater
area identified in the Area Rail and Public
Transportation Security Plan;
``(iv) any existing cooperation or mutual
aid agreements with other rail or public
transportation systems, organizations, or
State, territorial, and local governments as
such agreements relate to rail and public
transportation security; and
``(v) a capital budget showing how the
applicant intends to allocate and expend the
grant funds; and
``(B) a determination by the Transportation
Security Administration that the project--
``(i) addresses or corrects rail and public
transportation security vulnerabilities; and
``(ii) helps to ensure compliance with the
Area Rail and Public Transportation Security
Plan.
``(3) Procedural safeguards.--The Secretary, in
consultation with the Office of the Inspector General and the
Office of Grants and Training, shall issue guidelines to
establish appropriate accounting, reporting, and review
procedures to ensure that--
``(A) grant funds are used for the purposes for
which they were made available;
``(B) grantees have properly accounted for all
expenditures of grant funds; and
``(C) grant funds not used for such purposes and
amounts not obligated or expended are returned.
``(d) Use of Funds.--Grants awarded under this section may be
used--
``(1) to help implement Area Rail and Public Transportation
Security Plans required under section 1803;
``(2) to remedy rail and public transportation security
vulnerabilities identified through vulnerability assessments
approved by the Secretary;
``(3) for non-Federal projects contributing to the overall
security of a rail or public transportation security system, as
determined by the Secretary;
``(4) for the salaries, benefits, overtime compensation,
and other costs of additional security personnel for State and
local agencies for activities required by the Area Rail and
Public Transportation Security Plan;
``(5) for the cost of acquisition, operation, and
maintenance of equipment that contributes to the overall
security of the rail and public transportation security system,
as identified in the Area Rail and Public Transportation
Security Plan, if the need is based upon vulnerability
assessments approved by the Secretary or identified in the Area
Rail and Public Transportation Security Plan;
``(6) to conduct vulnerability assessments approved by the
Secretary;
``(7) to purchase or upgrade equipment, including
communications equipment that is interoperable with Federal,
State, and local agencies and tribal governments; and computer
software, to enhance terrorism preparedness;
``(8) to conduct exercises or training for prevention and
detection of, preparedness for, response to, or recovery from
terrorist attacks;
``(9) to establish or enhance mechanisms for sharing
terrorism threat information and to ensure that the mechanisms
are interoperable with Federal, State, and local agencies and
tribal governments;
``(10) for the cost of equipment (including software)
required to receive, transmit, handle, and store classified
information;
``(11) for the protection of critical infrastructure
against potential attack by the addition of barriers, fences,
gates, and other such devices, except that the cost of such
measures may not exceed the greater of--
``(A) $5,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the grant; and
``(12) to conduct exercises to strengthen emergency
preparedness of Federal, State, local and tribal officials
responsible for rail and public transportation system security,
including law enforcement personnel and firefighters and other
first responders, in support of the Area Rail and Public
Transportation Security Plan.
``(e) Reimbursement of Costs.--An applicant for a grant under this
section may petition the Secretary for the reimbursement of the cost of
any activity relating to prevention (including detection) of,
preparedness for, response to, or recovery from acts of terrorism that
is a Federal duty and usually performed by a Federal agency, and that
is being performed by a State or local government (or both) under
agreement with a Federal agency.
``(f) Prohibited Uses.--Grants awarded under this section may not
be used to--
``(1) supplant State or local funds for activities of the
type described in subsection (d);
``(2) construct buildings or other physical facilities,
except buildings or other physical facilities otherwise
authorized under section 611 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196), and
specifically approved by the Secretary;
``(3) acquire land; or
``(4) make any State or local government cost-sharing
contribution.
``(g) Matching Requirement.--
``(1) In general.--Except as provided in subparagraph (A)
or (B) of paragraph (2), Federal funds for any eligible project
under this section shall not exceed 75 percent of the total
cost of such project.
``(2) Exceptions.--
``(A) Small projects.--The requirement of paragraph
(1) shall not apply with respect to a project with a
total cost of not more than $25,000.
``(B) Higher level of federal support required.--
The requirement of paragraph (1) shall not apply with
respect to a project if the Secretary determines that
the project merits support and cannot be undertaken
without a higher rate of Federal support than the rate
described in paragraph (1).
``(3) In-kind contributions.--Each recipient of a grant
under this section may meet the requirement of paragraph (1) by
making in-kind contributions of goods or services that are
directly linked with the purpose for which the grant is made,
as determined by the Secretary, including any necessary
personnel expenses, contractor services, administrative costs,
equipment, fuel, or maintenance, and rental space.
``(h) Multiple Phase Projects.--
``(1) In general.--The Secretary may award grants under
this section for projects that span multiple years.
``(2) Funding limitation.--Not more than 20 percent of the
total grant funds awarded under this section in any fiscal year
may be awarded for projects that span multiple years.
``(i) Consistency With Plans.--The Secretary shall ensure that each
grant awarded under this section--
``(1) is used to supplement and support, in a consistent
and coordinated manner, the applicable Area Rail and Public
Transportation Security Plan; and
``(2) is coordinated with any applicable State or Urban
Area Homeland Security Plan.
``(j) Coordination and Cooperation.--The Secretary shall ensure
that all projects that receive grant funding under this section within
any area defined in an Area Rail and Public Transportation Security
Plan are coordinated with other projects in such area.
``(k) Review and Audits.--The Secretary shall require all grantees
under this section to maintain such records as the Secretary may
require and make such records available for review and audit by the
Secretary, the Comptroller General of the United States, or the
Inspector General of the Department.
``(l) Quarterly Reports Required as a Condition of Homeland
Security Grants.--
``(1) Expenditure reports required.--As a condition of
receiving a grant under this section, the Secretary shall
require the grant recipient to submit quarterly reports to the
Secretary that describe each expenditure made by the recipient
using grant funds.
``(2) Deadline for reports.--Each report required under
paragraph (1) shall be submitted not later than 30 days after
the last day of a fiscal quarter and shall describe
expenditures made during that fiscal quarter.
``(3) Publication of expenditures.--
``(A) In general.--Not later than 1 week after
receiving a report under this subsection, the Secretary
shall publish and make publicly available on the
Internet website of the Department a description of
each expenditure described in the report.
``(B) Waiver.--The Secretary may waive the
requirement of subparagraph (A) if the Secretary
determines that it is in the national security
interests of the United States to do so.
``(m) Authorization of Appropriations.--There are authorized to be
appropriated $400,000,000 for each of fiscal years 2007 through 2012 to
carry out this section.''.
SEC. 5. RAIL AND PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
Subtitle A of title VIII of the Homeland Security Act of 2002 (6
U.S.C. 361) is amended by adding at the end the following new section:
``SEC. 802. RAIL AND PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
``(a) In General.--Not later than 90 days after the date of
enactment of this section, the Secretary, in consultation with
appropriate law enforcement, security, and terrorism experts,
representatives of railroad carriers and public transportation owners
and operators, and nonprofit employee organizations that represent rail
and public transportation workers, shall develop and issue detailed
guidance for a rail and public transportation worker security training
program to prepare rail and public transportation workers, including
front-line transit employees such as bus and rail operators, mechanics,
customer service employees, maintenance employees, transit police, and
security personnel, for potential threat conditions.
``(b) Program Elements.--The guidance developed under subsection
(a) shall require such a program to include, at a minimum, elements
that address the following:
``(1) Determination of the seriousness of any occurrence.
``(2) Crew and passenger communication and coordination.
``(3) Appropriate responses to defend oneself.
``(4) Use of protective devices.
``(5) Evacuation procedures (including passengers, workers,
and those with disabilities).
``(6) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
``(7) Any other subject the Secretary considers
appropriate.
``(c) Required Programs.--Not later than 60 days after the
Secretary issues guidance under subsection (a) in final form, each rail
and public transportation system shall develop a rail and public
transportation worker security training program in accordance with that
guidance and submit it to the Secretary for approval. Not later than 60
days after receiving a rail or public transportation system's program
under this subsection, the Secretary shall review the program and
approve it or require the rail or public transportation system to make
any revisions the Secretary considers necessary for the program to meet
the guidance requirements.
``(d) Training.--Not later than 1 year after the Secretary approves
the training program developed by a rail or public transportation
system under this section, the railroad carrier or public
transportation system owner or operator shall complete the training of
all rail and public transportation workers in accordance with that
program.
``(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) from time to time to reflect new or
different security threats, and require rail and public transportation
systems to revise their programs accordingly and provide additional
training to their workers.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by
inserting after the item relating to section 801 the following:
``Sec. 802. Rail and public transportation security training
program.''.
SEC. 6. RAIL AND PUBLIC TRANSPORTATION SECURITY EXERCISE PROGRAM.
(a) Subtitle A of title VIII of the Homeland Security Act of 2002
(6 U.S.C. 361) is amended by adding at the end the following new
section:
``SEC. 803. RAIL AND PUBLIC TRANSPORTATION SECURITY EXERCISE PROGRAM.
``(a) In General.--The Secretary, acting through the Assistant
Secretary for Grants and Training, shall establish a Rail and Public
Transportation Security Exercise Program (hereinafter in this section
referred to as the `Program') for the purpose of testing and evaluating
the capabilities of Federal, State, and local agencies and tribal
governments, rail and public transportation system employees and
management, governmental and nongovernmental emergency response
providers, the private sector, or any other organization or entity, as
the Secretary determines to be appropriate, to prevent, prepare for,
mitigate against, respond to, and recover from acts of terrorism,
natural disasters, and other emergencies at rail and public
transportation systems.
``(b) Requirements.--The Secretary, acting through the Assistant
Secretary for Grants and Training and in coordination with the
Assistant Secretary of Homeland Security (Transportation Security
Administration), shall ensure that the Program--
``(1) consolidates all existing rail and public
transportation system security exercise programs administered
by the Department;
``(2) conducts, on a periodic basis, exercises at rail and
public transportation systems that are--
``(A) scaled and tailored to the needs of each rail
and public transportation system;
``(B) live in the case of the most at-risk rail and
public transportation systems;
``(C) as realistic as practicable and based on
current risk assessments, including credible threats,
vulnerabilities, and consequences;
``(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;
``(E) evaluated against clear and consistent
performance measures;
``(F) assessed to learn best practices, which shall
be shared with appropriate Federal, State, local and
tribal officials, rail and public transportation system
employees and management; governmental and
nongovernmental emergency response providers, and the
private sector; and
``(G) followed by remedial action in response to
lessons learned; and
``(3) assists State and local governments and rail and
public transportation systems in designing, implementing, and
evaluating exercises that--
``(A) conform to the requirements of paragraph (2);
and
``(B) are consistent with any applicable Area Rail
and Public Transportation Security Plan and State or
Urban Area Homeland Security Plan.
``(c) Remedial Action Management System.--The Secretary, acting
through the Assistant Secretary for Grants and Training, shall
establish a Remedial Action Management System to--
``(1) identify and analyze each rail and public
transportation system exercise 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.
``(d) Grant Program Factor.--In evaluating and prioritizing
applications for Federal financial assistance under section 512, the
Secretary shall give additional consideration to those applicants that
have conducted rail and public transportation security exercises under
this section.
``(e) Consultation.--The Secretary shall ensure that, in carrying
out the Program, the Office of Grants and Training shall consult with--
``(1) a geographic and substantive cross section of
governmental and nongovernmental emergency response providers;
and
``(2) rail and public transportation system personnel and
management.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by
inserting after the item relating to section 802 the following:
``Sec. 803. Rail and public transportation security exercise
program.''.
SEC. 7. INTERAGENCY COOPERATION.
The Secretary shall consider whether in fulfilling the requirements
of this Act, in order to promote communications, efficiency, and
nonduplication of effort, memoranda of agreement should be updated or
executed with other Federal agencies, including the Department of
Transportation, or between entities of the Department and other Federal
entities, including between the Transportation Security Administration
and the Federal Transit Administration, the Pipeline and Hazardous
Materials Safety Administration, and the Federal Railroad
Administration.
SEC. 8. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, through the Under Secretary for Science and Technology, in
coordination with the Assistant Secretary of Homeland Security
(Transportation Security Administration) and the Departmental Privacy
Officer, and in consultation with the Secretary of Transportation,
shall carry out a research and development program for the purpose of
improving rail and mass transit security that may include research and
development projects to--
(1) reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical, biological,
and radioactive substances;
(2) test new emergency response and recovery techniques and
technologies;
(3) develop improved freight technologies, including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail 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) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail;
(6) mitigate damages in the event of a cyber attack; and
(7) address other vulnerabilities and risks identified by
the Secretary.
(b) Coordination With Other Research Initiatives.--The Secretary
shall ensure that the research and development program authorized by
this section is consistent with the National Strategy for
Transportation Security and the Transportation Sector Specific Plan,
and shall to the greatest extent possible leverage other ongoing
research and development security related initiatives at the National
Academy of Sciences; the Department of Homeland Security; the
Department of Transportation, including University Transportation
Centers and other institutes, centers, and simulators funded by the
Department of Transportation; the Technical Support Working Group;
other Federal agencies; and other Federal and private research
laboratories and research entities with the capability to conduct both
practical and theoretical research and technical systems analysis.
(c) Privacy and Civil Rights and Civil Liberties Issues.--In
carrying out research and development projects under this section, the
Under Secretary for Science and Technology shall consult with the Chief
Privacy Officer and the Officer for Civil Rights and Civil Liberties as
appropriate and in accordance with the plan required by section 319 of
the Homeland Security Act of 2002. Pursuant to sections 222 and 705 of
the Homeland Security Act of 2002, 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 pursuant to this section.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $50,000,000 for fiscal year 2007;
(2) $50,000,000 for fiscal year 2008; and
(3) $50,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain
available until expended.
SEC. 9. 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, when 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 Inspector
General under the Inspector General Act of 1978);
(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
(B) if the Secretary 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 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 back pay, 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 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.--The Department of Justice shall
submit to Congress an annual report on the enforcement of
paragraph (1). Each such report shall (A) identify each case in
which formal charges under paragraph (1) were brought, (B)
describe the status or disposition of each such case, and (C)
in any actions under subsection (b)(1)(B) in which the covered
individual was the prevailing party or the substantially
prevailing party, indicate whether or not any formal charges
under paragraph (1) have been brought and, if not, the reasons
therefor.
(f) 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.--For purposes of this section--
(1) the term ``covered individual'' means an employee of--
(A) the Department of Homeland Security (which, for
purposes of this section, includes the Transportation
Security Administration);
(B) a Federal contractor or subcontractor; and
(C) 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 railroad carrier or public
transportation system owner or operator;
(2) the term ``lawful'' means not specifically prohibited
by law, except that, in the case of any information the
disclosure of which is specifically prohibited by law or
specifically required by Executive order to be kept 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) the term ``Federal contractor'' means a person who has
entered into a contract with the Department of Homeland
Security;
(4) the term ``employee'' means--
(A) with respect to an employer referred to in
paragraph (1)(A), an employee as defined by section
2105 of title 5, United States Code; and
(B) with respect to an employer referred to in
subparagraph (A) or (B) of paragraph (1), any officer,
partner, employee, or agent;
(5) the term ``subcontractor''--
(A) means any person, other than the Federal
contractor, who offers to furnish or furnishes any
supplies, materials, equipment, or services of any kind
under a contract with the Department of Homeland
Security or a subcontract entered into in connection
with such a contract; and
(B) includes any person who offers to furnish or
furnishes general supplies to the Federal contractor or
a higher tier subcontractor; and
(6) the term ``person'' means a corporation, partnership,
State entity, business association of any kind, trust, joint-
stock company, or individual.
(h) Terms and Conditions.--A grant under this title shall be
subject to terms and conditions of section 5333 of title 49, United
States Code.
SEC. 10. INCREASE IN RAIL SECURITY INSPECTORS.
(a) In General.--The Secretary shall increase by not less than 200
the number of positions for full-time rail security inspectors of the
Department for each of the fiscal years 2007 through 2012.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out subsection (a) $26,400,000
for each of the fiscal years 2007 through 2012.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1329-1330)
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.
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.
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.
Referred to the Subcommittee on Highways, Transit and Pipelines.
Referred to the Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity.
Sponsor introductory remarks on measure. (CR H5098)
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