I 

110TH CONGRESS 

1ST SESSION H. R. 1493 

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. 

IN THE HOUSE OF REPRESENTATIVES 

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 Infrastructure 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Transportation 

5 and Rail Security Assistance Act of 2007’’. 


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1 TITLE I—PUBLIC 

2 TRANSPORTATION SECURITY 

3 SEC. 101. FINDINGS; PURPOSE. 

4 (a) FINDINGS.—Congress finds that— 

5 (1) throughout the world, public transportation 

6 systems have been a primary target of terrorist at7 tacks, causing countless deaths and injuries; 

8 (2) 5,800 public transportation agencies operate 

9 in the United States; 

10 (3) 14,000,000 people in the United States ride 

11 public transportation each work day; 

12 (4) safe and secure public transportation sys13 tems are essential to the Nation’s economy and for 

14 significant national and international public events; 

15 (5) the Federal Transit Administration has in16 vested $84,500,000,000 since 1992 for construction 

17 and improvements to the Nation’s public transpor18 tation systems; 

19 (6) the Federal Government appropriately in20 vested $19,600,000,000 in fiscal years 2002 through 

21 2006 to protect the Nation’s aviation system and its 

22 2,000,000 daily passengers; 

23 (7) the Federal Government invested 

24 $380,000,000 in fiscal years 2003 through 2006 for 


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1 grants to protect public transportation systems in 

2 the United States; 

3 (8) the Federal Government has invested $9.00 

4 in aviation security improvements per passenger, but 

5 only $0.01 in public transportation security improve6 ments per passenger; 

7 (9) the Government Accountability Office, the 

8 Mineta International Institute for Surface Transpor9 tation Policy Studies, the American Public Trans10 portation Association, and other experts have re11 ported an urgent need for significant investment in 

12 transit security improvements; 

13 (10) Federal financial assistance for transit se14 curity improvements should be separate from and 

15 supplementary to funding for longstanding Federal 

16 programs for investment in public transportation in17 frastructure; 

18 (11) the final report of the National Commis19 sion on Terrorist Attacks Upon the United States 

20 (also known as the ‘‘9/11 Commission’’) found that 

21 the Federal Government should— 

22 (A) identify and evaluate the transpor23 tation assets that need to be protected, set risk24 based priorities for defending them, and select 


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1 the most practical and cost-effective ways of 

2 doing so; 

3 (B) develop a plan, a budget, and funding 

4 to implement the effort; and 

5 (C) assign roles and missions to the rel6 evant authorities (Federal, State, regional, and 

7 local) and to private stakeholders; 

8 (12) the final report of the 9/11 Commission 

9 also found that homeland security assistance should 

10 be based strictly on an assessment of risks and 

11 vulnerabilities; and 

12 (13) the Federal Government has a duty to 

13 deter and mitigate, to the greatest extent prac14 ticable, threats against the Nation’s public transpor15 tation systems. 

16 (b) PURPOSE.—The purpose of this title is to provide 

17 grants to public transportation agencies and over-the-road 

18 bus operators to improve security in a manner consistent 

19 with the recommendations of the 9/11 Commission de20 scribed in subsections (a)(11) and (a)(12). 

21 SEC. 102. DEFINITIONS. 

22 In this title, the following definitions apply: 

23 (1) PUBLIC TRANSPORTATION.—The term 

24 ‘‘public transportation’’ has the meaning given the 


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1 term in section 5302(a) of title 49, United States 

2 Code. 

3 (2) PUBLIC TRANSPORTATION SECURITY AS4 SESSMENT.—The term ‘‘public transportation secu5 rity assessment’’ means a risk assessment (including 

6 a criticality or vulnerability assessment) of a public 

7 transportation system conducted pursuant to the 

8 annex executed under section 3028(b) of the Safe, 

9 Accountable, Flexible, Efficient Transportation Eq10 uity Act: A Legacy for Users (49 U.S.C. 5321 note; 

11 119 Stat. 1624). 

12 (3) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of Transportation, except as otherwise 

14 specifically provided. 

15 SEC. 103. COMPONENTS OF SECURITY ASSESSMENTS AND 

16 PRIORITIZED PLANS. 

17 (a) SECURITY ASSESSMENTS.—The Secretary shall 

18 request that the Secretary of Homeland Security take nec19 essary actions to ensure that the public transportation se20 curity assessment of each public transportation system 

21 identifies— 

22 (1) the critical assets of the public transpor23 tation system; 

24 (2) threats to those assets; 


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1 (3) security weaknesses in the public transpor2 tation system and its assets; 

3 (4) redundant and backup systems required to 

4 ensure the continued operation of critical elements 

5 of the public transportation system in the event of 

6 an attack or other incident; and 

7 (5) the extent to which public transportation 

8 employees, including bus and rail operators, mechan9 ics, customer service personnel, maintenance employ10 ees, transit police, and security personnel, have re11 ceived training in security awareness and public 

12 transportation system emergency response proce13 dures. 

14 (b) PRIORITIZED PLANS.—A public transportation 

15 agency that has received an assessment described in sub16 section (a) shall develop, in consultation with the Sec17 retary of Homeland Security, a prioritized plan of needed 

18 capital and operational security improvements based on 

19 the results of the assessment. 

20 SEC. 104. NATIONAL PUBLIC TRANSPORTATION SECURITY 

21 NEEDS ASSESSMENT. 

22 (a) IN GENERAL.—The Secretary shall develop a na23 tional public transportation security needs assessment (in 

24 this section referred to as the ‘‘national assessment’’) to 

25 determine the total costs of needed capital and operational 


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1 security improvements for the Nation’s public transpor2 tation systems. 

3 (b) USE OF PRIORITIZED PLANS DEVELOPED BY

4 PUBLIC TRANSPORTATION AGENCIES.—The Secretary 

5 shall develop the national assessment based on prioritized 

6 plans developed by public transportation agencies under 

7 section 103(b). 

8 (c) RECOMMENDED FUNDING LEVELS.—The na9 tional assessment shall include recommended funding lev10 els for each of fiscal years 2008 through 2010 for carrying 

11 out the capital security assistance program authorized by 

12 section 105(a) and the operational security assistance pro13 gram authorized by section 105(b). 

14 (d) REPORT.—Not later than 90 days after the date 

15 of enactment of this Act, the Secretary shall transmit to 

16 the Committee on Transportation and Infrastructure of 

17 the House of Representatives and the Committee on 

18 Banking, Housing, and Urban Affairs of the Senate a re19 port containing the national assessment. 

20 SEC. 105. SECURITY ASSISTANCE GRANTS. 

21 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

22 (1) IN GENERAL.—The Secretary shall make 

23 grants directly to eligible public transportation agen24 cies for capital security improvements described in 

25 paragraph (2). 


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1 (2) ALLOWABLE USE OF FUNDS.—Grant funds 

2 received under paragraph (1) shall be used for— 

3 (A) tunnel protection systems; 

4 (B) perimeter protection systems; 

5 (C) redundant critical operations control 

6 systems; 

7 (D) chemical, biological, radiological, or ex8 plosive detection systems; 

9 (E) surveillance equipment; 

10 (F) inspection technology; 

11 (G) interoperable communications systems 

12 and equipment, including mobile service equip13 ment to provide access to 911 emergency serv14 ices in an underground fixed guideway system; 

15 (H) emergency response equipment; 

16 (I) fire suppression and decontamination 

17 equipment; 

18 (J) global positioning or automated vehicle 

19 locator type system equipment; 

20 (K) evacuation improvements; 

21 (L) security training for transit employees, 

22 including bus and rail operators, mechanics, 

23 customer service employees, maintenance em24 ployees, transit police, and security personnel; 

25 (M) live or simulated drills; and 


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1 (N) other capital security improvements. 

2 (3) GOVERNMENT’S SHARE.—A grant for a cap3 ital security improvement project under this sub4 section shall be for 80 percent of the net project cost 

5 of the project. The recipient may provide additional 

6 local matching amounts. 

7 (b) OPERATIONAL SECURITY ASSISTANCE PRO8 GRAM.— 

9 (1) IN GENERAL.—The Secretary shall make 

10 grants directly to eligible public transportation agen11 cies for operational security improvements described 

12 in paragraph (2). 

13 (2) ALLOWABLE USE OF FUNDS.—Grant funds 

14 received under paragraph (1) shall be used for— 

15 (A) public awareness campaigns for en16 hanced public transportation security; 

17 (B) canine patrols for chemical, biological, 

18 or explosives detection; 

19 (C) overtime reimbursement for enhanced 

20 security personnel during significant national 

21 and international public events, consistent with 

22 the priorities established under subsection (e); 

23 and 

24 (D) other appropriate security improve25 ments identified under subsection (e), including 


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1 hiring additional security personnel determined 

2 necessary under subsection (e), but excluding 

3 routine, ongoing personnel costs. 

4 (3) GOVERNMENT’S SHARE.—A grant for an 

5 operating security improvement project under this 

6 subsection may not exceed 50 percent of the net 

7 project cost of the project. 

8 (c) ELIGIBILITY.—A public transportation agency 

9 shall be eligible for a grant under this section if the agency 

10 has received or is undergoing a public transportation secu11 rity assessment. 

12 (d) ALLOCATIONS.— 

13 (1) IN GENERAL.—The Secretary, in consulta14 tion with the Secretary of Homeland Security, shall 

15 allocate grant funds under this section based on the 

16 results of public transportation security assessments 

17 described in section 103(a) and in a manner that 

18 prioritizes the award of grant funds each fiscal year 

19 based on risk, consequences, vulnerability, and 

20 threat. 

21 (2) RESPONSE TO URGENT THREATS.—After 

22 providing written notice to the Committee on Trans23 portation and Infrastructure of the House of Rep24 resentatives and the Committee on Banking, Hous25 ing, and Urban Affairs of the Senate, the Secretary 


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1 may adjust grant allocations under this subsection if 

2 the Secretary determines that the adjustment is nec3 essary to respond to an urgent threat or other sig4 nificant factors. 

5 (e) SECURITY IMPROVEMENT PRIORITIES.— 

6 (1) IN GENERAL.—The Secretary, in consulta7 tion with the Secretary of Homeland Security, shall 

8 establish security improvement priorities for each 

9 public transportation agency receiving a public 

10 transportation security assessment. 

11 (2) CONSULTATION; PRIORITIZED PLAN.—The 

12 Secretary shall establish priorities under paragraph 

13 (1)— 

14 (A) in consultation with the management 

15 and employee representatives of the public 

16 transportation agency; and 

17 (B) in a manner that is consistent with the 

18 system’s prioritized plan of needed capital and 

19 operational security improvements described in 

20 section 103(b). 

21 (3) APPLICABILITY.—Priorities established 

22 under paragraph (1) shall apply to funds provided to 

23 a public transportation agency under this section. 


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1 (f) TRANSIT AGENCY RESPONSIBILITIES.—Each 

2 public transportation agency that receives a grant under 

3 this section shall— 

4 (1) identify a security coordinator to coordinate 

5 security improvements; 

6 (2) develop a comprehensive plan that dem7 onstrates the agency’s capacity for operating and 

8 maintaining the equipment purchased under this 

9 section; and 

10 (3) report annually to the Department of 

11 Transportation on the use of grant funds received 

12 under this section. 

13 (g) GRANT REQUIREMENTS.—Except as otherwise 

14 specifically provided in this title, a grant provided under 

15 this section shall be subject to the terms and conditions 

16 applicable to grants made under section 5307 of title 49, 

17 United States Code, and to such other terms and condi18 tions as are determined by the Secretary. 

19 SEC. 106. INTELLIGENCE SHARING. 

20 (a) INTELLIGENCE SHARING.—The Secretary shall 

21 request that the Secretary of Homeland Security provide 

22 appropriate and timely notification of all credible terrorist 

23 threats against public transportation assets in the United 

24 States. 

25 (b) INFORMATION SHARING ANALYSIS CENTER.— 


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1 (1) ESTABLISHMENT.—The Secretary shall 

2 fund the reasonable costs of the Information Shar3 ing and Analysis Center for Public Transportation 

4 (referred to in this subsection as the ‘‘ISAC’’) estab5 lished pursuant to Presidential Directive 63 to pro6 tect critical infrastructure. 

7 (2) PUBLIC TRANSPORTATION AGENCY PARTICI8 PATION.—The Secretary— 

9 (A) shall require those public transpor10 tation agencies that the Secretary determines to 

11 be at significant risk of terrorist attack to par12 ticipate in the ISAC; 

13 (B) shall encourage all other public trans14 portation agencies to participate in the ISAC; 

15 and 

16 (C) shall not charge any public transpor17 tation agency a fee for participation in the 

18 ISAC. 

19 SEC. 107. REPORTING REQUIREMENT. 

20 (a) IN GENERAL.—Not later than September 30, 

21 2008, the Secretary, in consultation with the Secretary of 

22 Homeland Security, shall submit to the Committee on 

23 Transportation and Infrastructure of the House of Rep24 resentatives and the Committee on Banking, Housing, and 

25 Urban Affairs of the Senate a report that describes the 


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1 implementation of sections 103 through 106. The Sec2 retary may submit the report in classified and unclassified 

3 forms. 

4 (b) CONTENTS.—The report shall include— 

5 (1) a description of the state of public transpor6 tation security in the United States; and 

7 (2) a description of actions taken by Federal, 

8 State, regional, and local governments and private 

9 stakeholders to address threats to, and security 

10 weaknesses in, the public transportation system and 

11 its assets. 

12 SEC. 108. PUBLIC TRANSPORTATION EMPLOYEE SECURITY 

13 TRAINING PROGRAM. 

14 (a) IN GENERAL.—Not later than 90 days after the 

15 date of enactment of this Act, the Secretary, in consulta16 tion with the Secretary of Homeland Security, appropriate 

17 law enforcement, security, and terrorism experts, rep18 resentatives of public transportation agencies, and rep19 resentatives of public transportation employees, shall de20 velop and issue guidelines for a public transportation em21 ployee security training program to prepare public trans22 portation employees for potential threat conditions. 

23 (b) PUBLIC TRANSPORTATION AGENCY PRO24 GRAMS.— 


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1 (1) IN GENERAL.—Not later than 90 days after 

2 the date on which Secretary issues guidance under 

3 subsection (a) in final form, each public transpor4 tation agency that has received or is undergoing a 

5 public transportation security assessment shall de6 velop an employee training program in accordance 

7 with such guidance. 

8 (2) REVIEW AND APPROVAL.—Each public 

9 transportation agency referred to in paragraph (1) 

10 shall submit its employee training program to the 

11 Secretary for review and approval or amendment. 

12 (3) IMPLEMENTATION.—Not later than one 

13 year after the date on which the Secretary approves 

14 an employee training program of a public transpor15 tation agency under paragraph (2), the agency shall 

16 complete employee training in accordance with such 

17 program with respect to the employees of the agency 

18 identified in the agency’s public transportation secu19 rity assessment. Other public transportation agency 

20 employees may also be trained under the agency’s 

21 employee training program. 

22 (c) REPORTING.—As part of the Secretary’s report 

23 to Congress under section 107, the Secretary shall include 

24 an analysis of the extent to which public transportation 


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1 agencies are successfully carrying out the employee train2 ing programs described in this section. 

3 SEC. 109. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.— 

5 Subject to subsection (d), there is authorized to be appro6 priated such sums as may be necessary to carry out sec7 tion 105(a) for each of fiscal years 2008 through 2010. 

8 (b) OPERATIONAL SECURITY ASSISTANCE PRO9 GRAM.—Subject to subsection (d), there is authorized to 

10 be appropriated such sums as may be necessary to carry 

11 out section 105(b) for each of fiscal years 2008 through 

12 2010. 

13 (c) INFORMATION SHARING AND ANALYSIS CEN14 TER.—There is authorized to be appropriated to carry out 

15 section 106(b) $1,000,000 for each of fiscal years 2008 

16 through 2010. 

17 (d) EFFECT OF RECOMMENDED FUNDING LEV18 ELS.—Amounts appropriated for a fiscal year to carry out 

19 a program authorized by section 105(a) or 105(b) may 

20 not exceed the recommended funding level for that pro21 gram established by the Secretary for that fiscal year 

22 under section 104(c). 

23 (e) PERIOD OF AVAILABILITY.—Sums appropriated 

24 pursuant to this section shall remain available until ex25 pended. 


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1 TITLE II—OVER-THE-ROAD BUS 

2 SECURITY ASSISTANCE 

3 SEC. 201. EMERGENCY OVER-THE-ROAD BUS SECURITY AS4 SISTANCE. 

5 (a) IN GENERAL.—The Secretary of Transportation, 

6 acting through the Administrator of the Federal Motor 

7 Carrier Safety Administration, shall establish a program 

8 for making grants to private operators of over-the-road 

9 buses for system-wide security improvements to their oper10 ations, including— 

11 (1) constructing and modifying terminals, ga12 rages, facilities, or over-the-road buses to assure 

13 their security; 

14 (2) protecting or isolating the driver; 

15 (3) acquiring, upgrading, installing, or oper16 ating equipment, software, or accessorial services for 

17 collection, storage, or exchange of passenger and 

18 driver information through ticketing systems or oth19 erwise, and information links with government agen20 cies; 

21 (4) training employees in recognizing and re22 sponding to security threats, evacuation procedures, 

23 passenger screening procedures, and baggage inspec24 tion; 

25 (5) hiring and training security officers; 


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1 (6) installing cameras and video surveillance 

2 equipment on over-the-road buses and at terminals, 

3 garages, and over-the-road bus facilities; 

4 (7) creating a program for employee identifica5 tion or background investigation; 

6 (8) establishing an emergency communications 

7 system linked to law enforcement and emergency 

8 personnel; and 

9 (9) implementing and operating passenger 

10 screening programs at terminals and on over-the11 road buses. 

12 (b) FEDERAL SHARE.—The Federal share of the cost 

13 for which any grant is made under this section shall be 

14 80 percent. 

15 (c) GRANT REQUIREMENTS.—A grant under this sec16 tion shall be subject to all the terms and conditions that 

17 a grant is subject to under section 3038(f) of the Trans18 portation Equity Act for the 21st Century (49 U.S.C. 

19 5310 note; 112 Stat. 393). 

20 (d) REPORT ON INDUSTRY PRIORITIES.— 

21 (1) STUDY.—The Administrator of the Federal 

22 Motor Carrier Safety Administration shall conduct a 

23 study of— 

24 (A) the critical assets and systems of the 

25 nationwide over-the-road bus industry; 


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1 (B) security threats to the assets and sys2 tems; 

3 (C) security weaknesses in the assets and 

4 systems; and 

5 (D) redundant and backup systems re6 quired to ensure the continued operation of crit7 ical elements of the assets and systems in the 

8 event of an attack or other incident. 

9 (2) CONSULTATION.—In conducting the study, 

10 the Administrator shall consult with representatives 

11 of private over-the-road bus operators and the em12 ployees of such operators. 

13 (3) REPORT.—Not later than 90 days after the 

14 date of enactment of this Act, the Administrator 

15 shall submit to the Secretary of Transportation and 

16 the Secretary of Homeland Security a report, based 

17 on the results of the study, detailing the critical as18 sets, threats, and weaknesses in the over-the-road 

19 bus industry. The Administrator shall update the re20 port on an annual basis. 

21 (e) ALLOCATION OF GRANTS.—The Secretary of 

22 Transportation, in consultation with the Secretary of 

23 Homeland Security, shall establish priorities for the allo24 cation of grants under this section based on the report 


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1 required by subsection (d)(3) and shall make grants under 

2 this section in accordance with those priorities. 

3 SEC. 202. PLAN REQUIREMENT. 

4 (a) IN GENERAL.—The Secretary of Transportation 

5 may not make a grant under section 201 to a private oper6 ator of over-the-road buses until the operator has first 

7 submitted to the Secretary an application containing— 

8 (1) a plan for making security improvements 

9 described in section 201 and the Secretary has ap10 proved the plan; and 

11 (2) such additional information as the Secretary 

12 may require to ensure accountability for the obliga13 tion and expenditure of amounts made available to 

14 the operator under the grant. 

15 (b) COORDINATION.—To the extent that an applica16 tion for a grant submitted under this section proposes se17 curity improvements within a specific terminal owned and 

18 operated by an entity other than the applicant, the appli19 cant shall demonstrate to the satisfaction of the Secretary 

20 that the applicant has coordinated the security improve21 ments for the terminal with that entity. 

22 (c) CONSULTATION WITH DHS.—In approving plans 

23 under subsection (a)(1), the Secretary may consult with 

24 the Secretary of Homeland Security. 


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

2 In this title, the term ‘‘over-the-road bus’’ means a 

3 bus characterized by an elevated passenger deck located 

4 over a baggage compartment. 

5 SEC. 204. BUS SECURITY ASSESSMENT. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of enactment of this Act, the Secretary of Transpor8 tation shall transmit to the Committee on Transportation 

9 and Infrastructure of the House of Representatives and 

10 the Committee on Commerce, Science, and Transportation 

11 of the Senate a preliminary report in accordance with the 

12 requirements of this section. 

13 (b) CONTENTS OF PRELIMINARY REPORT.—The pre14 liminary report shall include— 

15 (1) an assessment of the over-the-road bus se16 curity grant program; 

17 (2) an assessment of actions already taken to 

18 address identified security issues by both public and 

19 private entities and recommendations on whether ad20 ditional safety and security enforcement actions are 

21 needed; 

22 (3) an assessment of whether additional legisla23 tion is needed to provide for the security of Ameri24 cans traveling on over-the-road buses; 

25 (4) an assessment of the economic impact that 

26 security upgrades of buses and bus facilities may 


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1 have on the over-the-road bus transportation indus2 try and its employees; 

3 (5) an assessment of ongoing research and the 

4 need for additional research on over-the-road bus se5 curity, including engine shut-off mechanisms, chem6 ical and biological weapon detection technology, and 

7 the feasibility of compartmentalization of the driver; 

8 (6) an assessment of industry best practices to 

9 enhance security; and 

10 (7) an assessment of the total costs of needed 

11 improvements to substantially improve the security 

12 of the Nation’s over-the-road bus industry and a rec13 ommended funding level for carrying out this title 

14 based on that assessment for each of fiscal years 

15 2008 through 2010. 

16 (c) CONSULTATION WITH INDUSTRY, LABOR, AND

17 OTHER GROUPS.—In carrying out this section, the Sec18 retary shall consult with over-the-road bus management 

19 and labor representatives, public safety and law enforce20 ment officials, and the National Academy of Sciences. 

21 SEC. 205. FUNDING. 

22 (a) IN GENERAL.—Subject to subsection (b), there 

23 is authorized to be appropriated to the Secretary of Trans24 portation such sums as may be necessary to carry out this 

25 title for each of fiscal years 2008 through 2010. 


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1 (b) EFFECT OF RECOMMENDED FUNDING LEV2 ELS.—Amounts appropriated for a fiscal year to carry out 

3 this title may not exceed the recommended funding level 

4 established by the Secretary for that fiscal year under sec5 tion 204(b)(7) . 

6 (c) PERIOD OF AVAILABILITY.—Amounts appro7 priated pursuant to this section shall remain available 

8 until expended. 

9 TITLE III—RAIL SECURITY 

10 SEC. 301. RAILROAD TRANSPORTATION SECURITY PLAN. 

11 (a) REQUIREMENT.— 

12 (1) IN GENERAL.—The Secretary of Transpor13 tation, in consultation with the Under Secretary of 

14 Homeland Security for Border and Transportation 

15 Security, shall develop a plan for the security of the 

16 Nation’s railroads. The plan shall include— 

17 (A) identification and evaluation of critical 

18 railroad assets and infrastructures; 

19 (B) identification of threats to those assets 

20 and infrastructures; 

21 (C) identification of vulnerabilities that are 

22 specific to the transportation of hazardous ma23 terials via railroad; 

24 (D) identification of redundant and backup 

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1 ation of critical elements of the railroad system 

2 in the event of an attack or other incident, in3 cluding disruption of commercial electric power 

4 or communications networks; 

5 (E) identification of security weaknesses in 

6 passenger and cargo security, transportation in7 frastructure, protection systems, procedural 

8 policies, communications systems, employee 

9 training, emergency response planning, and any 

10 other area identified by the plan; 

11 (F) a plan for the Federal Government to 

12 provide increased security support at high or 

13 severe threat levels of alert, developed in con14 sultation with the freight and intercity pas15 senger railroads and State and local govern16 ments; 

17 (G) procedures for establishing and main18 taining permanent and comprehensive consult19 ative relations among the parties described in 

20 subsection (b); and 

21 (H) a contingency plan, developed in con22 junction with freight and intercity and com23 muter passenger railroads, to ensure the contin24 ued movement of freight and passengers in the 


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1 event of an attack affecting the railroad system, 

2 which shall contemplate— 

3 (i) the possibility of rerouting traffic 

4 due to the loss of critical infrastructure, 

5 such as a bridge, tunnel, yard, or station; 

6 and 

7 (ii) methods of continuing railroad 

8 service in the Northeast Corridor in the 

9 event of a commercial power loss, or catas10 trophe affecting a critical bridge, tunnel, 

11 yard, or station. 

12 (2) EXISTING PRIVATE AND PUBLIC SECTOR

13 EFFORTS.—The plan shall take into account actions 

14 taken or planned by both public and private entities 

15 to address identified security issues and assess the 

16 effective integration of such actions. 

17 (3) RECOMMENDATIONS.—The Secretary of 

18 Transportation shall develop and implement 

19 prioritized recommendations for improving railroad 

20 security, including recommendations for— 

21 (A) improving the security of rail tunnels, 

22 rail bridges, rail switching and car storage 

23 areas, other rail infrastructure and facilities, in24 formation systems, and other areas identified 

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1 related risks to public safety and the movement 

2 of interstate commerce, taking into account the 

3 impact that any proposed security measure 

4 might have on the provision of railroad service; 

5 (B) deploying equipment to detect explo6 sives and hazardous chemical, biological, and 

7 radioactive substances, and any appropriate 

8 countermeasures; 

9 (C) installing redundant and backup sys10 tems to ensure the continued operation of crit11 ical elements of the railroad system in the event 

12 of an attack or other incident, including disrup13 tion of commercial electric power or commu14 nications networks; 

15 (D) conducting public outreach campaigns 

16 on passenger railroads; 

17 (E) deploying surveillance equipment; and 

18 (F) identifying the immediate and long19 term costs of measures that may be required to 

20 address those risks. 

21 (b) CONSULTATION.—In developing the plan under 

22 subsection (a), the Secretary of Transportation shall con23 sult with rail management, rail labor, owners or lessors 

24 of rail cars used to transport hazardous materials, first 

25 responders, shippers of hazardous materials, State DeVerDate Aug 31 2005 23:41 Mar 14, 2007 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1493.IH H1493

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1 partments of Transportation, public safety officials (in2 cluding those within agencies and offices of the Depart3 ment of Homeland Security), and other relevant parties. 

4 (c) REPORT.— 

5 (1) CONTENTS.—Not later than 180 days after 

6 the date of enactment of this Act, the Secretary of 

7 Transportation shall transmit to the Committee on 

8 Commerce, Science, and Transportation of the Sen9 ate and the Committee on Transportation and Infra10 structure of the House of Representatives a report 

11 containing the plan and prioritized recommendations 

12 required by subsection (a), along with recommended 

13 funding levels for each of fiscal years 2008 through 

14 2010 for carrying out the implementation plan and 

15 such recommendations. 

16 (2) FORMAT.—The Secretary may submit the 

17 report in both classified and redacted formats if the 

18 Secretary determines that such action is appropriate 

19 or necessary. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Secretary of 

22 Transportation such sums as may be necessary for fiscal 

23 years 2008 through 2010 for the purpose of carrying out 

24 this section. Amounts appropriated for a fiscal year to 

25 carry out this section may not exceed the recommended 


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1 funding level for such fiscal year established by the Sec2 retary under subsection (c)(1). Amounts appropriated 

3 pursuant to this subsection shall remain available until ex4 pended. 

5 SEC. 302. SILENCE MEANS SECURITY. 

6 (a) DEFINITIONS.—For the purposes of this sec7 tion— 

8 (1) the term ‘‘cargo information’’ means infor9 mation regarding— 

10 (A) the contents of a rail car or container 

11 containing hazardous material, except for infor12 mation contained on a placard placed on a rail 

13 car; 

14 (B) the routes of such hazardous material, 

15 including ports of embarkation and disembarka16 tion and locations of acceptance and delivery by 

17 shippers; or 

18 (C) security threats or incidents occurring 

19 en route; 

20 (2) the term ‘‘covered individual’’ means an em21 ployee of— 

22 (A) a rail carrier; 

23 (B) a rail shipper; or 

24 (C) a railroad contractor or railroad labor 

25 organization; and 


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1 (3) the term ‘‘security vulnerability’’ means the 

2 existence of a condition, practice, or procedure which 

3 may constitute a threat to national or homeland se4 curity. 

5 (b) PROHIBITION.—Except as provided in subsection 

6 (c), no covered individual shall reveal a security vulner7 ability, cargo information, security plan, or security train8 ing program to any other person. 

9 (c) REPORTING OF A SECURITY VULNERABILITY OR

10 CARGO INFORMATION.—A covered individual may lawfully 

11 reveal or report a security vulnerability, cargo information, 

12 security plan, or security training program to— 

13 (1) an employee of a railroad, or an agent act14 ing on behalf of a railroad; 

15 (2) a railroad police officer or any other Fed16 eral, State, or local law enforcement or public safety 

17 official; 

18 (3) a representative of the covered individual’s 

19 labor organization; 

20 (4) a representative of a railroad industry orga21 nization, including the Association of American Rail22 roads, the American Public Transportation Associa23 tion, the American Short Line and Regional Rail24 road Association, and the Railway Supply Institute; 


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1 (5) a representative of the Department of 

2 Transportation or Department of Homeland Secu3 rity, or any agency thereof; or 

4 (6) a rail shipper, consignee, rail equipment 

5 owner, lessor or lessee, or person handling or proc6 essing cargo information on behalf of a railroad, 

7 shipper, or consignee. 

8 (d) CIVIL PENALTIES.—Any person who violates this 

9 section shall be subject to a civil penalty assessed by the 

10 Secretary of Transportation in an amount not to exceed 

11 $5,000 per violation. 

12 SEC. 303. MISCELLANEOUS TECHNICAL AND CONFORMING 

13 PROVISIONS. 

14 (a) RAIL POLICE OFFICERS.—Section 28101 of title 

15 49, United States Code, is amended by striking ‘‘the rail 

16 carrier’’ each place it appears and inserting ‘‘any rail car17 rier’’. 

18 (b) REVIEW OF RAIL REGULATIONS.—Not later than 

19 1 year after the date of enactment of this Act, the Sec20 retary of Transportation, in consultation with the Under 

21 Secretary of Homeland Security for Border and Transpor22 tation Security, shall review existing rail regulations of the 

23 Department of Transportation for the purpose of identi24 fying areas in which those regulations need to be revised 

25 to improve railroad security. 


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1 (c) RAILROAD SECURITY.—Section 20101 of title 49, 

2 United States Code, is amended by striking ‘‘safety’’ and 

3 inserting ‘‘safety, including security,’’. 

4 (d) RAIL SAFETY REGULATIONS.—Section 20103(a) 

5 of title 49, United States Code, is amended by striking 

6 ‘‘safety’’ the first place it appears, and inserting ‘‘safety, 

7 including security,’’. 

8 (e) CERTAIN PERSONNEL LIMITATIONS NOT TO

9 APPLY.—Any statutory limitation on the number of em10 ployees in the Transportation Security Administration of 

11 the Department of Transportation, before or after its 

12 transfer to the Department of Homeland Security, does 

13 not apply to the extent that any such employees are re14 sponsible for implementing the provisions of this title. 

15 SEC. 304. DEFINITION. 

16 For purposes of this title, the term ‘‘railroad’’ has 

17 the meaning given that term in section 20102 of title 49, 

18 United States Code. 

Æ 


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