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‘‘(A) IN GENERAL.—The Secretary of Home-
land Security may impose a civil penalty for a
violation of a regulation prescribed, or order
issued, under this title. The Secretary shall give
written notice of the finding of a violation and
the penalty.
‘‘(B) SCOPE OF CIVIL ACTION.—In a civil
action to collect a civil penalty imposed by the
Secretary under this subsection, the court may
not re-examine issues of liability or the amount
of the penalty.
‘‘(C) JURISDICTION.—The district courts of
the United States have exclusive jurisdiction of
civil actions to collect a civil penalty imposed by
the Secretary under this subsection if—
‘‘(i) the amount in controversy is more
than—
‘‘(I) $400,000, if the violation was
committed by a person other than an
individual or small business concern;
or
‘‘(II) $50,000, if the violation was
committed by an individual or small
business concern;
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‘‘(ii) the action is in rem or another
action in rem based on the same violation
has been brought; or
‘‘(iii) another action has been brought
for an injunction based on the same viola-
tion.
‘‘(D) MAXIMUM PENALTY.—The maximum
penalty the Secretary may impose under this
paragraph is—
‘‘(i) $400,000, if the violation was
committed by a person other than an indi-
vidual or small business concern; or
‘‘(ii) $50,000, if the violation was com-
mitted by an individual or small business
concern.
‘‘(4) COMPROMISE AND SETOFF.—
‘‘(A) The Secretary may compromise the
amount of a civil penalty imposed under this
subsection. If the Secretary compromises the
amount of a civil penalty under this subpara-
graph, the Secretary shall—
‘‘(i) notify the Senate Committee on
Commerce, Science, and Transportation
and the House of Representatives Committee
on Homeland Security of the compromised
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penalty and explain the rationale therefor;
and
‘‘(ii) make the explanation available to
the public to the extent feasible without
compromising security.
‘‘(B) The Government may deduct the
amount of a civil penalty imposed or com-
promised under this subsection from amounts it
owes the person liable for the penalty.
‘‘(5) 
INVESTIGATIONS
AND
PROCEEDINGS.—
Chapter 461 of this title shall apply to investigations
and proceedings brought under this subsection to the
same extent that it applies to investigations and pro-
ceedings brought with respect to aviation security du-
ties designated to be carried out by the Secretary.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) PERSON.—The term ‘person’ does not
include—
‘‘(i) the United States Postal Service;
or
‘‘(ii) the Department of Defense.
‘‘(B) 
SMALL
BUSINESS
CONCERN.—The
term ‘small business concern’ has the meaning
given that term in section 3 of the Small Busi-
ness Act (15 U.S.C. 632).’’.
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(b) CONFORMING AMENDMENT.—Section 46301(a)(4)
of title 49, United States Code is amended by striking ‘‘or
another requirement under this title administered by the
Under Secretary of Transportation for Security’’.
(c) RAIL SAFETY REGULATIONS.—Section 20103(a) of
title 49, United States Code, is amended by striking ‘‘safe-
ty’’ the first place it appears, and inserting ‘‘safety, includ-
ing security,’’.
SEC. 1433. RAIL SECURITY ENHANCEMENTS.
(a) RAIL POLICE OFFICERS.—Section 28101 of title
49, United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before
‘‘Under’’; and
(2) by adding at the end the following:
‘‘(b) ASSIGNMENT.—A rail police officer employed by
a rail carrier and certified or commissioned as a police offi-
cer under the laws of a State may be temporarily assigned
to assist a second rail carrier in carrying out law enforce-
ment duties upon the request of the second rail carrier, at
which time the police officer shall be considered to be an
employee of the second rail carrier and shall have authority
to enforce the laws of any jurisdiction in which the second
rail carrier owns property to the same extent as provided
in subsection (a).’’.
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(b) MODEL STATE LEGISLATION.—By no later than
September 7, 2007, the Secretary of Transportation shall
develop model State legislation to address the problem of
entities that claim to be rail carriers in order to establish
and run a police force when the entities do not in fact pro-
vide rail transportation and shall make it available to State
governments. In developing the model State legislation the
Secretary shall solicit the input of the States, railroads
companies, and railroad employees. The Secretary shall re-
view and, if necessary, revise such model State legislation
periodically.
SEC. 1434. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of
this Act, the Secretary, in consultation with the Secretary
of Transportation, shall develop a national plan for public
outreach and awareness. Such plan shall be designed to in-
crease awareness of measures that the general public, rail-
road passengers, and railroad employees can take to in-
crease railroad system security. Such plan shall also pro-
vide outreach to railroad carriers and their employees to
improve their awareness of available technologies, ongoing
research and development efforts, and available Federal
funding sources to improve railroad security. Not later than
9 months after the date of enactment of this Act, the Sec-