(d) ACCOUNTABILITY.—The Under Secretary shall 
adopt necessary procedures, including audits, to ensure 
that grants made under this section are expended in ac-
cordance with the purposes of this section and the prior-
ities and other criteria developed by the Under Secretary. 
(e) SECURITY IMPROVEMENT OPERATING GRANTS.— 
(1) IN GENERAL.—The Under Secretary may 
make operating grants to eligible transit agencies to 
prevent or respond to threats or acts of terrorism, 
including— 
(A) sabotage, hijackings, and hostage situ-
ations; 
(B) seizure and control of communications, 
signal, power and systems control infrastruc-
ture; 
(C) chemical, biological, radiological, nu-
clear, or explosive device attacks; or 
(D) other security threats. 
(2) PREVENTION AND RESPONSE.—Prevention 
and response measures referred to in paragraph (1) 
may include— 
(A) increased transit police and security 
personnel, deployment expenses including over-
time, training, K–9 units, and helicopter pa-
trols;
(B) inter-operable communications systems 
between and within transit agencies, local gov-
ernmental agencies, state governmental agen-
cies, and other transit systems and railroads; 
(C) operational redundancy and increased 
protection for critical communications, com-
puter, and train control systems, assets and in-
frastructure essential for public transit oper-
ations; 
(D) increased security for light rail, heavy 
rail and bus stations, rights of way, mainte-
nance and storage facilities, trains, grade cross-
ings, critical locations, and other assets and in-
frastructure; 
(E) increased employee security prepared-
ness through training on observing and report-
ing suspicious activities and objects, passenger 
evacuation, and emergency response procedures; 
(F) public security awareness campaigns 
for public transit passengers; and 
(G) other improvements indicated by cur-
rent best practices and technological innova-
tions, risk response, needs, capabilities and sys-
tem security assessments.
(3) AUTHORIZATION OF APPROPRIATIONS AND 
APPORTIONMENTS.— 
(A) In general.—There are authorized to 
be appropriated to the Secretary of Homeland 
Security, for use by the Under Secretary, to 
carry out of this subsection $800,000,000 for 
each of fiscal years 2005 through 2009. 
(B) APPORTIONMENT.—Except as provided 
in subparagraph (C), of the funds made avail-
able under subparagraph (A)— 
(i) 80 percent shall be apportioned to 
each eligible transit agency (as defined in 
subsection (g)(1)) in an amount equal to 
the total apportioned under this subsection 
for a fiscal year multiplied by the ratio 
equal to the annual passenger miles of the 
eligible transit agency divided by the total 
passenger miles of all eligible transit agen-
cies; and 
(ii) 20 percent shall be apportioned to 
each eligible transit agency in an amount 
equal to the total apportioned under this 
subsection for a fiscal year multiplied by 
the ratio equal to the annual fixed guide-
way miles of the eligible transit agency di-
vided by the total passenger fixed guideway 
miles of all eligible transit agencies. 
(C) LIMITATION.—No eligible transit agen-
cy may receive more than 10 percent of the cur-
rent fiscal year’s appropriation in a fiscal year, 
excluding high priority projects described in 
subsection (f) or, at the discretion of the Under 
Secretary, if an elevated threat (red) level re-
quires extreme deployment of personnel or 
equipment. 
(f) SECURITY IMPROVEMENT CAPITAL GRANTS.— 
(1) IN GENERAL.—The Under Secretary may 
make capital grants to eigible transit agencies to 
prevent or respond to threats or acts of terrorism, 
including— 
(A) sabotage, hijackings, and hostage situ-
ations; 
(B) seizure and control of communications, 
signal, power and systems control infrastruc-
ture; 
(C) chemical, biological, radiological, nu-
clear or explosive device attacks; or 
(D) other security threats.
(2) PREVENTION AND RESPONSE.—Prevention 
and response measures referred to in paragraph (1) 
may include— 
(A) operational redundancy and increased 
protection for critical communications, com-
puter, and train control systems assets and 
other infrastructure essential for public transit 
operations; 
(B) security surveillance equipment for 
trains, light rail, buses, stations, tunnels, 
bridges, control centers, maintenance and stor-
age facilities, grade crossings, and other critical 
locations and infrastructure; 
(C) train, light rail, and bus tracking Glob-
al Positioning System; 
(D) protection and detection equipment for 
biological, chemical, radiological, nuclear, and 
explosive device threats; 
(E) modifications to stations, depots, 
trains, rights of way, maintenance and storage 
facilities, light rail, buses, and other assets and 
infrastructure to increase security prevention 
measures and improve emergency response ef-
forts; and
(F) other improvements indicated by cur-
rent best practices and technological innovation, 
risk response, needs capabilities and system se-
curity assessments. 
(3) AUTHORIZATION OF APPROPRIATIONS.— 
(A) IN GENERAL.—There are authorized to 
be appropriated to the Secretary of Homeland 
Security, for use by the Under Secretary, to 
carry out this subsection $1,040,000,000 for 
each of fiscal years 2005 through 2009. 
(B) SET ASIDE FOR CRITICAL HIGH RISK 
LOCATIONS.—Of the funds made available 
under subparagraph (A), the Under Secretary 
shall make available to eligible transit agencies 
not more than 20 percent of that fiscal year’s 
appropriation for high priority discretionary 
grants (determined by the Under Secretary of 
Homeland Defense in consultation with the Ad-
ministrator of the Federal Transit Administra-
tion) based on a threat-based risk management 
analysis in which assessment for criticality, 
threat, vulnerability, impact and risk are con-
sidered. 
(C) REQUIREMENTS.—The Under Sec-
retary shall make a grant under subparagraph
(B) only if there is a specific, recognized, or 
identified threat to an area that— 
(i) has been targeted, 
(ii) has the potential to be targeted, 
or 
(iii) is in the national interest. 
(D) AWARDS.—An eligible transit agency 
may apply for a grant under subparagraph (B) 
for a specific project or the Secretary may 
make an award, without an application being 
submitted, based on the national interest. 
(E) APPORTIONMENT.—Except as provided 
in subparagraph (F), of the funds that remain 
after the set aside under subparagraph (B)— 
(i) 80 percent shall be apportioned to 
each eligible transit agency in an amount 
equal to the total apportioned under this 
subsection for a fiscal year multiplied by 
the ratio equal to the annual passenger 
miles of the eligible transit agency divided 
by the total passenger miles of all eligible 
transit agencies; and 
(ii) 20 percent shall be apportioned to 
each eligible transit agency in an amount 
equal to the total apportioned under this
subsection for a fiscal year multiplied by 
the ratio equal to the annual fixed guide-
way miles of the eligible transit agency di-
vided by the total passenger fixed guideway 
miles of all eligible transit agencies. 
(F) LIMITATION.—No eligible transit agen-
cy may receive more than 10 percent of the 
amount made available under subparagraph (A) 
in a fiscal year, excluding high priority projects 
described in subparagraph (B) or, at the discre-
tion of the Under Secretary, if an elevated 
threat (red) level requires extreme deployment 
of personnel or equipment. 
(g) DEFINITIONS.—For purposes of this section the 
following definitions shall apply: 
(1) ELIGIBLE TRANSIT AGENCY.—The term ‘‘el-
igible transit agency’’ means a designated recipient 
of public transit assistance as defined under section 
5307(a)(2) of title 49, United States Code, serving 
an urbanized area. 
(2) MASS TRANSPORTATION.—The term ‘‘public 
transit’’ has the same meaning as such term has in 
section 5302(a) of title 49, United States Code.
(3) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary of Homeland 
Security for Border and Transportation Security. 
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