(B) the lessons learned from those reviews; 
and 
(C) how those lessons are being used in 
current and future efforts to secure covered 
transportation; 
(6) a strategy and timeline for the Department, 
the Department of Transportation, and other appro-
priate Federal agencies to research and develop new 
technologies for securing covered transportation; 
(7) measurable goals, including objectives, 
mechanisms, and a schedule for enhancing the secu-
rity of covered transportation; 
(8) a framework for resuming the operation of 
covered transportation in the event of an act of ter-
rorism and prioritizing resumption of such oper-
ations; 
(9) a description of current and future public 
outreach and educational initiatives designed to in-
form the public on how to prevent, prepare for, and 
respond to a terrorist attack on covered transpor-
tation; and 
(10) a process for coordinating covered trans-
portation security strategies and plans, including— 
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(A) the National Infrastructure Protection 
Plan required by Homeland Security Presi-
dential Directive 7; 
(B) 
the 
Executive 
Order 
entitled 
‘‘Strengthening Surface Transportation Secu-
rity’’, dated December 5, 2006; 
(C) the Memorandum of Understanding 
between the Department and the Department of 
Transportation on Roles and Responsibilities 
dated September 28, 2004; 
(D) the annex to such memorandum of un-
derstanding concerning railroad security dated 
September 28, 2006; and 
(E) the annex executed under section 
3028(b) of the Safe, Accountable, Flexible, and 
Efficient Transportation Equity Act: A Legacy 
for Users (49 U.S.C. 5321 note; 119 Stat. 
1624). 
SEC. 4. ASSIGNMENT OF PROVIDERS OF COVERED TRANS-
PORTATION TO RISK-BASED TIERS. 
(a) ASSIGNMENT.—The Secretary shall assign each 
provider of covered transportation to one of three risk- 
based tiers established by the Secretary. 
(b) PROVISION
OF INFORMATION.—The Secretary 
may request, and the provider of covered transportation 
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shall provide, information necessary for the Secretary to 
assign a provider of covered transportation to the appro-
priate tier under subsection (a). 
(c) NOTIFICATION.—Not later than 60 days after the 
date a provider of covered transportation is assigned to 
a tier under this section, the Secretary shall notify the 
provider of the tier to which the provider is assigned and 
the reasons for such assignment. 
(d) HIGH- AND MEDIUM-RISK TIERS.—At least 2 of 
the tiers established by the Secretary under this section 
shall be tiers designated for high- and medium-risk pro-
viders of covered transportation. 
SEC. 5. RAIL AND PUBLIC TRANSPORTATION ASSESSMENTS 
AND PLANS. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, the Secretary, in coordi-
nation with the Secretary of Transportation, shall issue 
regulations that— 
(1) require each provider of covered transpor-
tation assigned to a high- or medium-risk tier under 
section 4— 
(A) to conduct a vulnerability assessment 
in accordance with subsections (b) and (c); and 
(B) to prepare and implement a security 
plan in accordance with this section that ad-
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dresses the vulnerabilities identified under sub-
section (c); 
(2) establish standards, protocols, and proce-
dures for vulnerability assessments under subsection 
(c) and security plans under subsection (d) and for 
developing and implementing such security plans; 
and 
(3) implement a security program for providers 
of covered transportation not assigned to a high- or 
medium-risk tier under section 4, including a proc-
ess for such providers to conduct vulnerability as-
sessments and prepare and implement security 
plans, as determined appropriate by the Secretary. 
(b) DEADLINE FOR SUBMISSION.—Not later than 6 
months after the date of issuance of the regulations under 
subsection (a), the vulnerability assessments and security 
plans required by such regulations or allowed by such reg-
ulations shall be completed and submitted to the Secretary 
for review and approval. 
(c) VULNERABILITY ASSESSMENTS.— 
(1) REQUIREMENTS.—The Secretary, in coordi-
nation with the Secretary of Transportation, shall 
provide technical assistance and guidance to pro-
viders of covered transportation in conducting vul-
nerability assessments under this section and shall 
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require that each vulnerability assessment of a pro-
vider of covered transportation assigned to a high- 
or medium-risk tier under section 4 include, at a 
minimum— 
(A) identification and evaluation of critical 
covered transportation assets and infrastruc-
tures of the provider, including platforms, sta-
tions, bus and intermodal terminals, tunnels, 
bridges, switching and storage areas, and infor-
mation systems; 
(B) identification of the threats to those 
assets and infrastructures; 
(C) identification of the security weak-
nesses of the covered transportation in— 
(i) physical security; 
(ii) passenger and cargo security; 
(iii) programmable electronic devices, 
computers, or other automated systems 
which are used in providing the transpor-
tation; 
(iv) alarms, cameras, and other pro-
tection systems; 
(v) communications systems, including 
dispatching services and mobile service 
equipment systems, to provide access to 
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emergency services in underground fixed 
guideway systems; 
(vi) utilities; 
(vii) emergency response planning; 
(viii) employee training; and 
(ix) such other matters as the Sec-
retary determines appropriate; and 
(D) identification of redundant and backup 
systems required to ensure the continued oper-
ations of critical elements of the covered trans-
portation in the event of an attack or other in-
cident, including disruption of commercial elec-
tric power or communications network. 
(2) THREAT INFORMATION.— 
(A) INCORPORATION.—A provider of cov-
ered transportation conducting a vulnerability 
assessment under this section shall incorporate 
in the assessment any threat information pro-
vided by the Secretary. 
(B) PROVIDED BY SECRETARY.—The Sec-
retary shall provide, in a timely manner to the 
maximum extent practicable under applicable 
authority and in the interest of national secu-
rity, to the provider of the covered transpor-
tation threat information that is relevant to the 
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provider, including an assessment of the most 
likely method that could be used by terrorists to 
exploit weaknesses in the covered transportation 
security and the likelihood of success by such 
terrorists. 
(d) SECURITY PLANS.— 
(1) REQUIREMENTS.—The Secretary, in coordi-
nation with the Secretary of Transportation, shall 
provide technical assistance and guidance to pro-
viders of covered transportation in preparing and 
implementing security plans under this section and 
shall require that each security plan of each provider 
of covered transportation assigned to a high- or me-
dium-risk tier under section 4 include, at a min-
imum— 
(A) identification of a security coordinator 
having authority to implement security actions 
under the plan to— 
(i) coordinate security improvements 
described in sections 7, 8, and 9; and 
(ii) require immediate communications 
from appropriate Federal officials regard-
ing covered transportation security; 
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(B) security measures to address the weak-
nesses of covered transportation identified 
under subsection (c); 
(C) plans for periodic exercises under sec-
tion 12 that include participation by local law 
enforcement agencies and emergency responders 
as appropriate; 
(D) a list of needed capital and operational 
covered transportation security improvements 
described in sections 7, 8, and 9; 
(E) procedures to be implemented or used 
by the provider in response to a terrorist at-
tack, including evacuation and passenger com-
munication plans; 
(F) identification of steps taken with State 
and local law enforcement agencies, emergency 
responders, and Federal officials to coordinate 
security measures and plans for response to a 
terrorist attack; 
(G) a strategy and timeline for conducting 
training under section 11, including recurrent 
training and periodic unannounced exercises for 
employees of the provider to be carried out 
under the plan to prevent, prepare for, or re-
spond to a terrorist attack; 
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(H) enhanced security measures to be 
taken by the provider when the Secretary de-
clares a period of heightened security risk; 
(I) plans for redundant and backup sys-
tems required to ensure the continued operation 
of critical covered transportation elements of 
the provider in the event of a terrorist attack 
or other incident; 
(J) plans for locating, including by elec-
tronic devices, railroad cars transporting haz-
ardous materials so that, if the assets are lost 
or stolen, the provider may locate, track, and 
recover the assets; and 
(K) such other actions or procedures as 
the Secretary determines are appropriate to ad-
dress the covered transportation security of the 
provider to a terrorist attack. 
(2) CONSISTENCY
WITH
OTHER
PLANS.—The 
Secretary shall ensure that each security plan under 
this section is consistent with the requirements of 
the National Strategy for Rail and Public Transpor-
tation Security described in section 3. 
(e) DEADLINE FOR REVIEW PROCESS.—Not later 
than 12 months after the date of the issuance of the regu-
lations under subsection (a), the Secretary shall— 
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(1) review each vulnerability assessment and se-
curity plan submitted to the Secretary in accordance 
with subsection (b); 
(2) require amendments to any security plan 
that does not meet the requirements of this section, 
including the regulations issued under subsection 
(a); 
(3) approve any vulnerability assessment or se-
curity plan that meets the requirements of this sec-
tion, including such regulations; and 
(4) review each security plan periodically there-
after. 
(f) INTERIM SECURITY MEASURES.—The Secretary 
shall require, during the period before the deadline estab-
lished under subsection (b), each provider of covered 
transportation to implement any necessary interim secu-
rity measures to deter, mitigate, and respond to, to the 
maximum extent practicable, a transportation security in-
cident with respect to the provider of covered transpor-
tation or a substantive threat of such an incident until 
the security plan of the provider is approved. 
(g) NONDISCLOSURE OF INFORMATION.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, information developed under this 
section is not required to be disclosed to the public. 
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Such information includes vulnerability assessments 
and security plans of providers of covered transpor-
tation. 
(2) OTHER OBLIGATIONS UNAFFECTED.—Noth-
ing in this section shall affect any obligation of a 
provider of covered transportation to submit or 
make available information to covered transportation 
employees, nonprofit employee labor organizations, 
or a Federal, State, or local government agency 
under, or otherwise to comply with, any other law. 
(3) SUBMISSION
OF
INFORMATION
TO
CON-
GRESS.—Nothing in this section shall be construed 
as authorizing the withholding of any information 
from Congress. 
(4) DISCLOSURE
OF
INDEPENDENTLY
FUR-
NISHED
INFORMATION.—Nothing in this section 
shall be construed as affecting any authority or obli-
gation of a Federal agency to disclose any record or 
information that the Federal agency obtains from a 
provider of covered transportation under any other 
law. 
(h) PENALTIES.— 
(1) ADMINISTRATIVE PENALTIES.— 
(A) IN GENERAL.—The Secretary may im-
pose an administrative penalty of not more than 
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$75,000 for failure to comply with this section, 
including regulations issued under subsection 
(a). 
(B) NOTICE
AND
OPPORTUNITY
TO
RE-
QUEST HEARING.—Before imposing a penalty 
under subparagraph (A), the Secretary shall 
provide to the person against whom the penalty 
is to be imposed— 
(i) written notice of the proposed pen-
alty; and 
(ii) the opportunity to request, not 
later than 30 days after the date on which 
the person receives the notice, a hearing on 
the proposed penalty. 
(C) REGULATIONS.—The Secretary may 
issue regulations establishing the procedures for 
administrative hearings and appropriate review 
of penalties imposed under this paragraph, in-
cluding deadlines. 
(2) CIVIL PENALTIES.— 
(A) IN
GENERAL.—The Secretary may 
bring an action in a United States district court 
against any provider of covered transportation 
that violates or fails to comply with this section, 
including regulations issued under subsection 
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(a), or a security plan approved by the Sec-
retary under this section. 
(B) RELIEF.—In any action under sub-
paragraph (A), a court may issue an order for 
injunctive relief and may impose a civil penalty 
of not more than $50,000 for each day on 
which a violation occurs or a failure to comply 
continues. 
(3) CRIMINAL PENALTIES.—A provider of cov-
ered transportation who violates this section, includ-
ing regulations issued under subsection (a), shall be 
fined not more than $50,000 for each day of such 
violation, imprisoned for not more than 2 years, or 
both. 
(i) EXISTING PROCEDURES, PROTOCOLS AND STAND-
ARDS.— 
(1) DETERMINATION.—In response to a peti-
tion by a provider of covered transportation or at 
the discretion of the Secretary, the Secretary may 
recognize existing procedures, protocols, and stand-
ards of a provider of covered transportation that the 
Secretary determines to meet all or part of the re-
quirements of this section, including regulations 
issued under subsection (a), regarding vulnerability 
assessments and security plans. 
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(2) ELECTION.—Upon review and written de-
termination by the Secretary that existing proce-
dures, protocols, or standards of a provider of cov-
ered transportation satisfy all of the requirements of 
this section, including regulations issued under sub-
section (a), the provider may elect to comply with 
those procedures, protocols, or standards instead of 
the requirements of this section. 
(3) PARTIAL APPROVAL.—If the Secretary de-
termines that the existing procedures, protocols, or 
standards of a provider of covered transportation 
satisfy only part of the requirements of this section, 
including regulations issued under subsection (a), 
the Secretary may accept those submissions, but 
shall require submission by the provider of any addi-
tional information relevant to vulnerability assess-
ments and security plans of the provider to ensure 
that the remaining requirements of this section are 
fulfilled. 
(4) NOTIFICATION.—If the Secretary deter-
mines that particular existing procedures, protocols, 
or standards of a provider of covered transportation 
under this subsection do not satisfy the require-
ments of this section, including regulations issued 
under subsection (a), the Secretary shall notify the 
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provider, in writing, of the determination and an ex-
planation of the reasons for the determination. 
(5) REVIEW.—Nothing in this subsection shall 
relieve the Secretary of the obligation— 
(A) to review the vulnerability assessment 
and security plan submitted by a provider of 
covered transportation under this section; and 
(B) to approve or disapprove each submis-
sion on an individual basis. 
(j) PERIODIC REVIEW.—Not later than 3 years after 
the date of approval of a vulnerability assessment and se-
curity plan of a provider of covered transportation under 
this section, and not less often than every 5 years there-
after, the provider— 
(1) shall review the adequacy of the vulner-
ability assessment and security plan; and 
(2) shall submit for approval to the Secretary, 
at such time and in such form as the Secretary may 
require, the results of the review, including a de-
scription of any changes to the vulnerability assess-
ment or security plan, or both. 
(k) SHARED FACILITIES.—The Secretary may permit 
under this section the development and implementation of 
coordinated vulnerability assessments and security plans 
to the extent 2 or more providers of covered transportation 
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have shared facilities (such as tunnels, bridges, or sta-
tions, or facilities) that are geographically close or other-
wise co-located. 
SEC. 6. STRATEGIC INFORMATION SHARING PLAN. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary shall develop 
and submit to the appropriate congressional committees 
a railroad, public transportation, and over-the-road bus 
strategic information sharing plan to ensure the develop-
ment of both tactical and strategic intelligence products 
pertaining to the threats and vulnerabilities to covered 
transportation for dissemination to Federal, State, and 
local agencies, tribal governments, and appropriate stake-
holders. 
(b) CONTENT OF PLAN.—The plan submitted under 
subsection (a) shall include— 
(1) a description of how intelligence analysts in 
the Transportation Security Administration are co-
ordinating with other intelligence analysts in the De-
partment and other Federal, State, and local agen-
cies; 
(2) reasonable deadlines for the completion of 
any organizational changes within the Department 
to accommodate implementation of the plan; and 
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(3) a description of resource needs for fulfilling 
the plan. 
(c) UPDATES.— 
(1) CERTIFICATION
OF
IMPLEMENTATION.— 
After the plan is submitted under subsection (a), the 
Secretary shall certify to the appropriate congres-
sional committees when the plan has been imple-
mented. 
(2) ANNUAL
REPORTS.—After the Secretary 
provides the certification under paragraph (1), the 
Secretary shall provide a report to the appropriate 
congressional committees each year thereafter on the 
following: 
(A) The number and brief description of 
each railroad, public transportation, and over- 
the-road bus intelligence report created and dis-
seminated under the plan. 
(B) The classification of each report as 
tactical or strategic. 
(C) The numbers of different government, 
law enforcement, and public or private sector 
partners who were provided with each intel-
ligence product. 
(d) ANNUAL SURVEYS.—The Secretary shall conduct 
an annual survey of the satisfaction of each of the recipi-
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ents of railroad, public transportation, and over-the-road 
bus intelligence reports created and disseminated under 
the plan and include the results of the survey as part of 
the corresponding annual report provided under sub-
section (c)(2). 
(e) SECURITY CLEARANCES.—The Department shall 
ensure that the appropriate Federal, State, regional, local, 
and tribal authorities, in addition to appropriate stake-
holders, have the security clearances needed to receive 
classified covered transportation security information as 
necessary if this information cannot be disseminated in an 
unclassified format. 
(f) CLASSIFICATION OF MATERIAL.—To the greatest 
extent possible, the Department shall provide appropriate 
stakeholders with information in an unclassified format. 
SEC. 7. RAIL SECURITY ASSISTANCE. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary, 
in coordination with the Secretary of Transportation, shall 
establish a program for the Secretary of Transportation 
to make grants under this section. 
(b) SECURITY
ASSISTANCE.—The Secretary of 
Transportation, in coordination with the Secretary, shall 
make, in accordance with the priorities established under 
subsection (e), grants to eligible railroad carriers for secu-
rity improvements described in subsection (c). 
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(c) USES OF FUNDS.—A recipient of a grant under 
subsection (a) may use the grant funds for one or more 
of the following: 
(1) Perimeter protection systems, including ac-
cess control, installation of improved lighting, fenc-
ing, and barricades at railroad facilities. 
(2) Technologies for reduction of rail car vul-
nerability. 
(3) Security improvements to passenger rail-
road stations and other railroad transportation in-
frastructure. 
(4) Tunnel protection systems. 
(5) Evacuation improvements. 
(6) Inspection technologies, including verified 
visual inspection technologies using hand-held read-
ers and discs. 
(7) 
Communications 
equipment, 
including 
equipment that is interoperable with Federal, State, 
and local agencies and tribal governments. 
(8) Chemical, biological, radiological, or explo-
sive detection, including canine patrols for such de-
tection. 
(9) Surveillance equipment. 
(10) Cargo or passenger screening equipment. 
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(11) Emergency response equipment, including 
fire suppression and decontamination equipment, 
personal protective equipment, and defibrillators. 
(12) Global positioning or electronic tracking 
equipment. 
(13) Redundant critical operations control sys-
tems. 
(14) Public awareness campaigns for enhanced 
railroad security. 
(15) Security awareness, preparedness, and re-
sponse training for railroad employees, including 
training under section 11. 
(16) Live or simulated exercises described in 
section 12. 
(17) Overtime reimbursement for additional se-
curity personnel during significant national and 
international public events. 
(18) Such other security improvements as the 
Secretary, in coordination with the Secretary of 
Transportation, considers appropriate. 
(d) ELIGIBILITY.—A railroad carrier is eligible for a 
grant under this section if the carrier has developed a se-
curity plan that the Secretary has approved under section 
5. 
(e) SECURITY IMPROVEMENT PRIORITIES.— 
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(1) IN GENERAL.—The Secretary, in coordina-
tion with the Secretary of Transportation, shall es-
tablish security improvement priorities for each rail-
road carrier that conducts or updates a vulnerability 
assessment under section 5. 
(2) CONSULTATION; PRIORITIZED
LIST.—The 
Secretary shall establish priorities under paragraph 
(1) for a railroad carrier— 
(A) in consultation with the management 
and employee representatives of the carrier; and 
(B) in a manner that is consistent with the 
carrier’s list of needed security improvements 
described in section 5(d)(1). 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a grant for a project under this 
section shall be for 80 percent of the net cost of the 
project. 
(2) SMALL PROJECT EXCEPTION.—If a grant 
under this section is for a project with a net cost of 
$25,000 or less, the Federal share for the grant 
shall be for 100 percent of such cost. 
(3) NATIONAL SECURITY EXCEPTION.—If the 
Secretary determines, upon written notice to the ap-
propriate congressional committees, that a higher 
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Federal share for a grant under this section is nec-
essary to respond to an urgent threat to national se-
curity, the Secretary may increase the Federal share 
for the grant to up to 100 percent of the net cost 
of the project. 
(g) SUBJECT TO CERTAIN STANDARDS.—The Sec-
retary and the Secretary of Transportation shall require 
a recipient of a grant under this section and section 10 
to comply with the standards of section 24312 of title 49, 
United States Code, as in effect on January 1, 2007, with 
respect to the grant in the same manner as the National 
Railroad Passenger Corporation is required to comply with 
such standards for construction work financed under an 
agreement made under section 24308(a) of that title. 
(h) LIMITATION ON USES OF FUNDS.—A grant made 
under this section may not be used to— 
(1) supplant State or local funds for activities 
described in subsection (c); and 
(2) make any State or local government cost- 
sharing contribution under any other law. 
(i) ANNUAL REPORTS.—Each recipient of a grant 
under this section shall report annually to the Secretary 
and the Secretary of Transportation on the use of grant 
funds. 
(j) AUTHORIZATION OF APPROPRIATIONS.— 
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(1) SECURITY ASSISTANCE.—There is author-
ized 
to 
be 
appropriated 
to 
the 
Secretary 
$600,000,000 for each of fiscal years 2008 through 
2011 to make grants under this section. 
(2) TRANSFER OF FUNDS.—Not later than 5 
days after the date on which funds are appropriated 
to carry out this section for a fiscal year, the Sec-
retary shall transfer such funds to the Secretary of 
Transportation to make grants under this section. 
(3) PERIOD
OF
AVAILABILITY.—Sums appro-
priated to carry out this section shall remain avail-
able until expended. 
SEC. 8. PUBLIC TRANSPORTATION SECURITY ASSISTANCE. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary, 
in coordination with the Secretary of Transportation, shall 
establish a program for the Secretary of Transportation 
to make grants under this section. 
(b) SECURITY
ASSISTANCE.—The Secretary of 
Transportation, in coordination with the Secretary, shall 
make, in accordance with the priorities established under 
subsection (e), grants to eligible designated recipients for 
security improvements described in subsection (c). 
(c) USES OF FUNDS.—A recipient of a grant under 
subsection (a) may use the grant funds for one or more 
of the following: 
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(1) Perimeter protection systems, including ac-
cess control, installation improved lighting, fencing, 
and barricades. 
(2) Security improvements to stations and other 
public transportation infrastructure. 
(3) Tunnel protection systems. 
(4) Evacuation improvements. 
(5) Inspection technologies, including verified 
visual inspection technologies using hand-held read-
ers and discs. 
(6) Communications equipment, including mo-
bile service equipment to provide access to emer-
gency services in an underground fixed guideway 
system. 
(7) Chemical, biological, radiological, or explo-
sive detection, including canine patrols for such de-
tection. 
(8) Surveillance equipment. 
(9) Emergency response equipment, including 
fire suppression and decontamination equipment, 
personal protective equipment, and defibrillators. 
(10) Global positioning or electronic tracking 
equipment. 
(11) Redundant critical operations control sys-
tems. 
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(12) Public awareness campaigns for enhanced 
public transportation security. 
(13) Security awareness, preparedness, and re-
sponse training for public transportation employees, 
including training under section 11. 
(14) Live or simulated exercises described in 
section 12. 
(15) Overtime reimbursement for additional se-
curity personnel during significant national and 
international public events. 
(16) Such other security improvements as the 
Secretary, in coordination with the Secretary of 
Transportation, considers appropriate. 
(d) ELIGIBILITY.—A designated recipient is eligible 
for a grant under this section if the designated recipient 
has developed a security plan that the Secretary has ap-
proved under section 5. 
(e) SECURITY IMPROVEMENT PRIORITIES.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with the Secretary of Transportation, shall es-
tablish security improvement priorities for each des-
ignated recipient that conducts or updates a vulner-
ability assessment described in section 5. 
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(2) CONSULTATION; PRIORITIZED PLAN.—The 
Secretary shall establish priorities under paragraph 
(1) for a designated recipient— 
(A) in consultation with the management 
and employee representatives of the designated 
recipient; and 
(B) in a manner that is consistent with the 
list of needed security improvements described 
in section 5(d)(1). 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a grant for a project under this 
section shall be for 80 percent of the net cost of the 
project. 
(2) SMALL PROJECT EXCEPTION.—If a grant 
under this section is for a project with a net cost of 
$25,000 or less, the Federal share for the grant 
shall be for 100 percent of such cost. 
(3) NATIONAL SECURITY EXCEPTION.—If the 
Secretary determines, upon written notice to the ap-
propriate congressional committees, that a higher 
Federal share for a grant under this section is nec-
essary to respond to an urgent threat to national se-
curity, the Secretary may increase the Federal share 
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for the grant to up to 100 percent of the net cost 
of the project. 
(g) SUBJECT
TO CERTAIN TERMS
AND CONDI-
TIONS.—Except as otherwise specifically provided in this 
section, a grant provided under this section shall be sub-
ject to the terms and conditions applicable to a grant 
made under section 5307 of title 49, United States Code, 
and such other terms and conditions as are determined 
necessary by the Secretary or the Secretary of Transpor-
tation. 
(h) LIMITATION ON USES OF FUNDS.—Grants made 
under this section may not be used to— 
(1) supplant State or local funds for activities 
described in subsection (c); and 
(2) make any State or local government cost- 
sharing contribution under any other law. 
(i) ANNUAL REPORTS.—Each recipient of a grant 
under this section shall report annually to the Secretary 
and the Secretary of Transportation on the use of the 
grant funds. 
(j) AUTHORIZATION OF APPROPRIATIONS.— 
(1) SECURITY ASSISTANCE.—There are author-
ized to be appropriated to the Secretary to make 
grants under this section— 
(A) $775,000,000 for fiscal year 2008; 
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(B) $825,000,000 for fiscal year 2009; 
(C) $880,000,000 for fiscal year 2010; and 
(D) $880,000,000 for fiscal year 2011. 
(2) TRANSFER OF FUNDS.—Not later than 5 
days after the date on which funds are appropriated 
to carry out this section for a fiscal year, the Sec-
retary shall transfer such funds to the Secretary of 
Transportation to make grants under this section. 
(3) PERIOD
OF
AVAILABILITY.—Sums appro-
priated to carry out this section shall remain avail-
able until expended. 
SEC. 9. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 
(a) ESTABLISHMENT OF PROGRAM.—The Secretary, 
in coordination with the Secretary of Transportation, shall 
establish a program for the Secretary of Transportation 
to make grants under this section. 
(b) SECURITY
ASSISTANCE.—The Secretary of 
Transportation, in coordination with the Secretary, shall 
make, in accordance with the priorities established under 
subsection (e), grants to eligible private operators pro-
viding transportation by over-the-road bus for security im-
provements described in subsection (c). 
(c) USES OF FUNDS.—A recipient of a grant received 
under subsection (a) may use the grant funds for one or 
more of the following: 
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(1) Constructing and modifying terminals, ga-
rages, facilities, or over-the-road buses to assure 
their security. 
(2) Protecting or isolating the driver of an over- 
the-road bus. 
(3) Acquiring, upgrading, installing, or oper-
ating equipment, software, or accessorial services for 
collection, storage, or exchange of passenger and 
driver information through ticketing systems or oth-
erwise and for information links with government 
agencies. 
(4) Installing cameras and video surveillance 
equipment on over-the-road buses and at terminals, 
garages, and over-the-road bus facilities. 
(5) Establishing and improving an emergency 
communications system linking drivers and over-the- 
road buses to the recipient’s operations center or 
linking the operations center to law enforcement and 
emergency personnel. 
(6) Implementing and operating passenger 
screening programs for weapons and explosives. 
(7) Chemical, biological, radiological, or explo-
sives detection, including canine patrols for such de-
tection. 
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(8) Public awareness campaigns for enhanced 
over-the-road bus security. 
(9) Security awareness, preparedness, and re-
sponse training for over-the-road bus employees, in-
cluding training under section 11. 
(10) Live or simulated exercises described in 
section 12. 
(11) Overtime reimbursement for additional se-
curity personnel during significant national and 
international public events. 
(12) Such other security improvements as the 
Secretary, in coordination with the Secretary of 
Transportation, considers appropriate. 
(d) ELIGIBILITY.—A private operator providing 
transportation by an over-the-road bus is eligible for a 
grant under this section if the operator has developed a 
security plan that the Secretary has approved under sec-
tion 5. 
(e) SECURITY IMPROVEMENT PRIORITIES.— 
(1) IN GENERAL.—The Secretary, in coordina-
tion with the Secretary of Transportation, shall es-
tablish security improvement priorities for each pri-
vate operator providing transportation by an over- 
the-road bus that conducts or updates a vulner-
ability assessment under section 5. 
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(2) CONSULTATION.—In carrying out this sub-
section, the Secretary and the Secretary of Trans-
portation shall consult with over-the-road bus man-
agement and labor representatives, public safety and 
law enforcement officials, and the National Academy 
of Sciences. 
(f) FEDERAL SHARE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a grant for a project under this 
section shall be for 80 percent of the net cost of the 
project. 
(2) SMALL PROJECT EXCEPTION.—If a grant 
under this section is for a project with a net cost of 
$25,000 or less, the Federal share for the grant 
shall be for 100 percent of such cost. 
(3) NATIONAL SECURITY EXCEPTION.—If the 
Secretary determines, upon written notice to the ap-
propriate congressional committees, that a higher 
Federal share for a grant under this section is nec-
essary to respond to an urgent threat to national se-
curity, the Secretary may increase the Federal share 
for the grant to up to 100 percent of the net cost 
of the project. 
(g) TERMS AND CONDITIONS.—Except as otherwise 
specifically provided in this section, a grant made under 
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this section shall be subject to the terms and conditions 
applicable to subrecipients who provide intercity bus trans-
portation under section 5311(f) of title 49, United States 
Code, and such other terms and conditions as are deter-
mined necessary by the Secretary or the Secretary of 
Transportation. 
(h) LIMITATION ON USES OF FUNDS.—A grant made 
under this section may not be used to— 
(1) supplant State or local funds for activities 
described in subsection (c); and 
(2) make any State or local government cost- 
sharing contribution under any other law. 
(i) ANNUAL REPORTS.—Each recipient of a grant 
under this section shall report annually to the Secretary 
and the Secretary of Transportation on the use of such 
grant funds. 
(j) AUTHORIZATION.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary make grants under 
this section— 
(A) $12,000,000 for fiscal year 2008; 
(B) $25,000,000 for fiscal year 2009; 
(C) $25,000,000 for fiscal year 2010; and 
(D) $25,000,000 for fiscal year 2011. 
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(2) TRANSFER OF FUNDS.—Not later than 5 
days after the date on which funds are appropriated 
to carry out this section for a fiscal year, the Sec-
retary shall transfer such funds to the Secretary of 
Transportation to make grants under this section. 
(3) PERIOD
OF
AVAILABILITY.—Sums appro-
priated to carry out this section shall remain avail-
able until expended. 
SEC. 10. FIRE AND LIFE SAFETY IMPROVEMENTS. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation for making grants to the National Rail-
road Passenger Corporation (in this section referred to as 
‘‘Amtrak’’) for the purpose of carrying out projects to 
make fire and life safety improvements to Amtrak tunnels 
on the Northeast Corridor the following amounts: 
(1) For the 6 tunnels in New York City, New 
York, to provide ventilation, electrical, and fire safe-
ty technology improvements, emergency communica-
tion and lighting systems, and emergency access and 
egress for passengers— 
(A) $25,000,000 for fiscal year 2008; 
(B) $25,000,000 for fiscal year 2009; 
(C) $25,000,000 for fiscal year 2010; and 
(D) $25,000,000 for fiscal year 2011. 
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(2) For the Baltimore & Potomac Tunnel and 
the Union Tunnel in Baltimore, Maryland, to pro-
vide adequate drainage and ventilation, communica-
tion, lighting, and passenger egress improvements— 
(A) $5,000,000 for fiscal year 2008; 
(B) $5,000,000 for fiscal year 2009; 
(C) $5,000,000 for fiscal year 2010; and 
(D) $5,000,000 for fiscal year 2011. 
(3) For the Union Station tunnels in the Dis-
trict of Columbia to provide ventilation, communica-
tion, lighting, and passenger egress improvements— 
(A) $5,000,000 for fiscal year 2008; 
(B) $5,000,000 for fiscal year 2009; 
(C) $5,000,000 for fiscal year 2010; and 
(D) $5,000,000 for fiscal year 2011. 
(b) AVAILABILITY OF AMOUNTS.—Amounts appro-
priated pursuant to this section shall remain available 
until expended. 
SEC. 11. SECURITY TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, in coordina-
tion with the Secretary of Transportation, shall— 
(1) develop a security training program to pre-
pare railroad, public transportation, and over-the- 
road bus workers for potential threat conditions; and 
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(2) issue detailed guidance for the program. 
(b) CONSULTATION.—The Secretary shall develop the 
guidance under subsection (a)(2) in consultation with— 
(1) appropriate law enforcement, fire service, 
security, and terrorism experts; 
(2) representatives of providers of covered 
transportation; and 
(3) nonprofit employee labor organizations rep-
resenting one or more of the following: railroad 
workers, public transportation workers, and over- 
the-road bus workers. 
(c) PROGRAM ELEMENTS.—The guidance developed 
under subsection (a)(2) shall require security training pro-
grams described in subsection (a) to include, at a min-
imum, elements to address the following: 
(1) Determination of the seriousness of any oc-
currence or threat. 
(2) Crew and passenger communication and co-
ordination. 
(3) Appropriate responses to defend oneself, in-
cluding using nonlethal self-defense devices. 
(4) Use of protective devices. 
(5) Evacuation procedures for passengers and 
workers, including individuals with disabilities. 
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(6) Live situational training exercises regarding 
various threat conditions, including tunnel evacu-
ation procedures. 
(7) Recognition and reporting of dangerous 
substances and suspicious packages, persons, and 
situations. 
(8) Understanding security incident procedures, 
including procedures for communicating with gov-
ernmental and nongovernmental emergency response 
providers. 
(9) Operation and maintenance of security 
equipment and systems. 
(10) Any other subject the Secretary considers 
appropriate. 
(d) REQUIRED PROGRAMS.— 
(1) DEVELOPMENT AND SUBMISSION TO SEC-
RETARY.—Not later than 60 days after the Sec-
retary issues guidance under subsection (a)(2) in 
final form, each provider of covered transportation 
shall develop a security training program in accord-
ance with the guidance and submit the program to 
the Secretary for approval. 
(2) APPROVAL.—Not later than 60 days after 
receiving a security training program under this sub-
section, the Secretary shall approve the program or 
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require the provider of covered transportation that 
developed the program to make any revisions to the 
program that the Secretary considers necessary for 
the program to meet the guidance requirements. 
(3) TRAINING.—Not later than 1 year after the 
Secretary approves a security training program 
under this subsection, the provider of covered trans-
portation that developed the program shall complete 
the training of all workers covered under the pro-
gram. 
(4) UPDATES.—The Secretary shall update the 
training guidance issued under subsection (a)(2) 
from time to time to reflect new or different security 
threats and require providers of covered transpor-
tation to revise their programs accordingly and pro-
vide additional training to their workers. 
SEC. 12. SECURITY EXERCISES. 
(a) IN GENERAL.—The Secretary shall establish a 
program for conducting security exercises for covered 
transportation for the purpose of testing and evaluating 
the capabilities of entities described in subsection (b) to 
prevent, prepare for, mitigate against, respond to, and re-
cover from acts of terrorism involving covered transpor-
tation. 
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(b) COVERED ENTITIES.—Entities to be tested and 
evaluated under the program shall include— 
(1) Federal, State, and local agencies and tribal 
governments; 
(2) employees and managers of providers of 
covered transportation; 
(3) governmental and nongovernmental emer-
gency response providers and law enforcement per-
sonnel, including railroad and transit police; and 
(4) any other organization or entity that the 
Secretary determines appropriate. 
(c) REQUIREMENTS.—The Secretary shall ensure 
that the program— 
(1) consolidates all existing security exercises 
for covered transportation administered by the De-
partment; 
(2) requires, on a periodic basis at the facilities 
of a provider of covered transportation, exercises to 
be conducted that are— 
(A) scaled and tailored to the needs of the 
facilities; 
(B) live, in the case of the most at-risk fa-
cilities to a terrorist attack; 
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(C) as realistic as practicable and based on 
current risk assessments, including credible 
threats, vulnerabilities, and consequences; and 
(D) consistent with the National Incident 
Management System, the National Response 
Plan, the National Infrastructure Protection 
Plan, the National Preparedness Guidance, the 
National Preparedness Goal, and other such na-
tional initiatives; 
(3) provides that exercises described in para-
graph (2) will be— 
(A) evaluated against clear and consistent 
performance measures; 
(B) assessed to learn best practices, which 
shall be shared with appropriate Federal, State, 
local, and tribal officials, governmental and 
nongovernmental emergency response providers, 
law enforcement personnel, including railroad 
and transit police, and appropriate stake-
holders; and 
(C) followed by remedial action in response 
to lessons learned; and 
(4) assists State and local governments and 
providers of covered transportation in designing, im-
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plementing, and evaluating exercises that conform to 
the requirements of paragraph (2). 
(d) REMEDIAL ACTION MANAGEMENT PROGRAM.— 
The Secretary shall utilize the remedial action manage-
ment program of the Federal Emergency Management 
Agency to— 
(1) identify and analyze each exercise conducted 
under the program for lessons learned and best 
practices; 
(2) disseminate lessons learned and best prac-
tices to participants in the program; 
(3) monitor the implementation of lessons 
learned and best practices by participants in the 
program; and 
(4) conduct remedial action tracking and long- 
term trend analysis. 
SEC. 13. SECURITY RESEARCH AND DEVELOPMENT. 
(a) ESTABLISHMENT OF RESEARCH AND DEVELOP-
MENT PROGRAM.—The Secretary shall carry out a re-
search and development program for the purpose of im-
proving the security of covered transportation. 
(b) ELIGIBLE PROJECTS.—The research and develop-
ment program may include projects— 
(1) to reduce the vulnerability of passenger 
trains, stations, and equipment to explosives and 
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hazardous chemical, biological, and radioactive sub-
stances; 
(2) to test new emergency response and recov-
ery techniques and technologies; 
(3) to develop improved freight railroad tech-
nologies, including— 
(A) technologies for sealing and modifying 
rail tank cars; 
(B) automatic inspection of railroad cars; 
(C) communication-based train controls; 
(D) signal system integrity at switches; 
(E) emergency response training, including 
training in a tunnel environment; 
(F) security and redundancy for critical 
communications, electrical power, computer, 
and train control systems; and 
(G) technologies for securing bridges and 
tunnels; 
(4) to test wayside detectors that can detect 
tampering with railroad equipment; 
(5) to support enhanced security for the trans-
portation of hazardous materials by railroad; 
(6) to mitigate damages in the event of a 
cyberattack; and 
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(7) to address other vulnerabilities and risks 
identified by the Secretary. 
(c) COORDINATION WITH OTHER RESEARCH INITIA-
TIVES.—The Secretary shall— 
(1) ensure that the research and development 
program is consistent with the National Strategy for 
Rail and Public Transportation Security developed 
under section 3; and 
(2) to the greatest extent practicable, coordi-
nate the research and development activities of the 
Department with other ongoing research and devel-
opment security related initiatives, including re-
search being conducted by— 
(A) the National Academy of Sciences; 
(B) the Department of Transportation, in-
cluding university transportation centers and 
other institutes, centers, and simulators funded 
by the Department of Transportation; 
(C) the Technical Support Working Group; 
(D) other Federal departments and agen-
cies; and 
(E) other Federal and private research lab-
oratories and research entities with the capa-
bility to conduct both practical and theoretical 
research and technical systems analysis. 
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(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIB-
ERTIES ISSUES.— 
(1) CONSULTATION.—In carrying out research 
and development projects under this section, the 
Secretary shall consult with the Chief Privacy Offi-
cer of the Department and the Officer for Civil 
Rights and Civil Liberties of the Department as ap-
propriate. 
(2) PRIVACY
IMPACT
ASSESSMENTS.—In ac-
cordance with sections 222 and 705 of the Home-
land Security Act of 2002 (6 U.S.C. 142; 345), the 
Chief Privacy Officer shall conduct privacy impact 
assessments and the Officer for Civil Rights and 
Civil Liberties shall conduct reviews, as appropriate, 
for research and development initiatives developed 
under this section. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary to carry 
out this section— 
(1) $50,000,000 for fiscal year 2008; 
(2) $50,000,000 for fiscal year 2009 
(3) $50,000,000 for fiscal year 2010; and 
(4) $50,000,000 for fiscal year 2011. 
Such sums shall remain available until expended. 
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SEC. 14. WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—No covered individual may be dis-
charged, demoted, suspended, threatened, harassed, rep-
rimanded, investigated, or in any other manner discrimi-
nated against (including by a denial, suspension, or rev-
ocation 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 indi-
vidual— 
(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 home-
land security, which the covered individual reason-
ably believes constitutes a threat to national or 
homeland security, or which the covered individual 
reasonably believes constitutes fraud, waste, or mis-
management of Government funds intended to be 
used for national or homeland security, if the infor-
mation or assistance is provided to or the investiga-
tion is conducted by— 
(A) a Federal, State, or local regulatory or 
law enforcement agency (including an office of 
the Inspector General under the Inspector Gen-
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eral Act of 1978 (5 U.S.C. app.; Public Law 
95–452); 
(B) any Member of Congress, any com-
mittee of Congress, or the Government Ac-
countability Office; or 
(C) a person with supervisory authority 
over the covered individual (or such other per-
son who has the authority to investigate, dis-
cover, 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 al-
leges discharge or other discrimination by any per-
son in violation of subsection (a) may seek relief 
under subsection (c) by— 
(A) filing a complaint with the Secretary of 
Labor; or 
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(B) if the Secretary of Labor has not 
issued a final decision within 180 days after the 
filing of the complaint and there is no showing 
that such delay is due to the bad faith of the 
claimant, bringing an action at law or equity 
for de novo review in the appropriate district 
court of the United States, which shall have ju-
risdiction over such an action without regard to 
the amount in controversy. 
(2) PROCEDURE.— 
(A) IN GENERAL.—An action under para-
graph (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 gov-
erned by the legal burdens of proof set forth in 
section 42121(b) of title 49, United States 
Code. 
(D) STATUTE OF LIMITATIONS.—An action 
under paragraph (1) shall be commenced not 
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