lands, Guam, American Samoa, and any other terri-
tory or possession of the United States. 
(13) TERRORISM.—The term ‘‘terrorism’’ has the 
meaning that term has in section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101). 
(14) TRANSPORTATION.—The term ‘‘transpor-
tation’’, as used with respect to an over-the-road-bus, 
means the movement of passengers or property by an 
over-the-road-bus. 
(A) in the jurisdiction of the United States 
between a place in a State and a place outside 
the State (including a place outside the United 
States); or 
(B) in a State that affects trade, traffic, 
and transportation described in subparagraph 
(A). 
(15) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means the 50 States, the District of Columbia, 
Puerto Rico, the Northern Mariana Islands, the Vir-
gin Islands, Guam, American Samoa, and any other 
territory or possession of the United States. 
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TITLE I—RAIL AND PUBLIC 
TRANSPORTATION SECURITY 
SEC. 101. NATIONAL STRATEGY FOR RAIL AND PUBLIC 
TRANSPORTATION SECURITY. 
(a) MODAL PLAN.—Not later than 6 months after the 
date of enactment of this Act, the Secretary, in consultation 
with the Secretary of Transportation, shall develop and im-
plement the modal plan for covered transportation as re-
quired by section 114(t)(1)(B) of title 49, United States 
Code. The modal plan shall be entitled the ‘‘National Strat-
egy for Rail and Public Transportation Security’’ and shall 
include, at a minimum— 
(1) a description of the roles, responsibilities, 
and authorities of Federal, State, and local agencies, 
government sponsored entities, tribal governments, 
and appropriate stakeholders under the plan; 
(2) identification of, and a plan to address, gaps 
and unnecessary overlaps in the roles, responsibilities, 
and authorities described in paragraph (1); 
(3) a methodology for how the Department will 
work with the entities described in paragraph (1), 
and make use of existing Federal expertise within the 
Department, the Department of Transportation, and 
other appropriate agencies; 
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(4) a process for providing security clearances to 
facilitate intelligence and information sharing with 
the entities described in paragraph (1); 
(5) a description of— 
(A) how the Department has reviewed ter-
rorist attacks on covered transportation through-
out the world in the last 25 years; 
(B) the lessons learned from those reviews; 
and 
(C) how those lessons are being used in cur-
rent and future efforts to secure covered trans-
portation; 
(6) a strategy and timeline for the Department, 
the Department of Transportation, other appropriate 
Federal agencies and private entities to research and 
develop new technologies for securing covered trans-
portation; 
(7) measurable goals, including objectives, mech-
anisms, and a schedule for enhancing the security 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; 
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(9) a description of current and future public 
outreach and educational initiatives designed to in-
form the public on how to prevent, prepare for, re-
spond to, and recover from a terrorist attack on cov-
ered transportation; and 
(10) a process for coordinating covered transpor-
tation security strategies and plans, including the 
National Infrastructure Protection Plan required by 
Homeland Security Presidential Directive 7; Execu-
tive Order: Strengthening Surface Transportation Se-
curity dated December 5, 2006; the Memorandum of 
Understanding between the Department and the De-
partment of Transportation on Roles and Respon-
sibilities dated September 28, 2004; the Annex to the 
Memorandum of Understanding between the Depart-
ment and the Department of Transportation on Roles 
and Responsibilities concerning railroad security 
dated September 28, 2006, and the Annex to the 
Memorandum of Understanding between the Depart-
ment and the Department of Transportation on Roles 
and Responsibilities concering Public Transportation 
Security dated September 8, 2005. 
(b) ADEQUACY
OF EXISTING PLANS
AND STRATE-
GIES.—Nothing in this section shall prevent the Secretary 
from using existing plans and strategies, including those 
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developed or implemented pursuant to section 114(t) of title 
49, United States Code, or Homeland Security Presidential 
Directive–7, in meeting the requirements of subsection (a). 
SEC. 102. 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 the not less than 
three risk-based tiers established by the Secretary. 
(b) PROVISION OF INFORMATION.—The Secretary may 
request, and the provider of covered transportation shall 
provide, information necessary for the Secretary to assign 
a provider of covered transportation to the appropriate 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 pro-
vider of the tier to which the provider is assigned and the 
reasons for such assignment. 
(d) HIGH- AND MEDIUM-RISK TIERS.—At least two 
of the tiers established by the Secretary under this section 
shall be tiers designated for high- and medium-risk pro-
viders of covered transportation. 
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SEC. 103. RAIL AND PUBLIC TRANSPORTATION ASSESS-
MENTS AND PLANS. 
(a) IN GENERAL.—Not later than 12 months after the 
date of enactment of this Act, the Secretary, in consultation 
with the Secretary of Transportation, shall issue regula-
tions that— 
(1) require each provider of covered transpor-
tation assigned to a high- or medium-risk tier under 
section 102— 
(A) to conduct a vulnerability assessment in 
accordance with subsections (b) and (c); and 
(B) to prepare, submit to the Secretary for 
approval, and implement a security plan in ac-
cordance with this section that addresses security 
performance requirements under subsection (f); 
and 
(2) establish standards, and guidelines for vul-
nerability assessments under subsection (c) and secu-
rity plans under subsection (d) and for developing 
and implementing such security plans. 
(3) establish a security program for providers of 
covered transportation not assigned to a high or me-
dium-risk tier under section 102, including a process 
for providers to conduct vulnerability assessments and 
prepare and implement security plans, as determined 
appropriate by the Secretary. 
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(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 for a provider of covered 
transportation assigned to a high- or medium-risk tier shall 
be completed and submitted to the Secretary for review and 
approval. 
(c) VULNERABILITY ASSESSMENTS.— 
(1) REQUIREMENTS.—The Secretary, in con-
sultation with the Secretary of Transportation, shall 
provide technical assistance and guidance to pro-
viders of covered transportation in conducting vulner-
ability assessments under this section and shall re-
quire that each vulnerability assessment of a provider 
of covered transportation assigned to a high-or me-
dium-risk tier under section 102 include, at a min-
imum— 
(A) identification and evaluation of critical 
covered transportation assets and infrastructures 
of the provider, including platforms, stations, 
bus and intermodal terminals, tunnels, bridges, 
switching and storage areas, and information 
systems; 
(B) identification of the threats to those as-
sets and infrastructures; 
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(C) identification of the security weaknesses 
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 protec-
tion systems; 
(v) communications systems, including 
dispatching services and mobile service 
equipment systems, to provide access to 
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 inci-
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dent, including disruption of commercial electric 
power or communications network. 
(2) THREAT INFORMATION.—A provider of cov-
ered transportation conducting a vulnerability assess-
ment under this section shall incorporate in the as-
sessment any threat information provided by the Sec-
retary and other sources. 
(d) SECURITY PLANS.— 
(1) REQUIREMENTS.—The Secretary, in con-
sultation with the Secretary of Transportation, shall 
provide technical assistance and guidance to pro-
viders of covered transportation in preparing and im-
plementing security plans under this section and shall 
require that each security plan of each provider of 
covered transportation assigned a high- or medium- 
risk under section 102 include, at a minimum— 
(A) identification of a security coordinator 
having authority— 
(i) to implement security actions under 
the plan; 
(ii) to coordinate security improve-
ments described in sections 105, 106, and 
107; and 
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(iii) to receive immediate communica-
tions from appropriate Federal officials re-
garding covered transportation security; 
(B) plans for periodic exercises under sec-
tion 110 that include participation by local law 
enforcement agencies and emergency responders 
as appropriate; 
(C) a list of needed capital and operational 
improvements such as those described in sections 
105, 106, and 107; 
(D) procedures to be implemented or used 
by the provider in response to a terrorist attack, 
including evacuation and passenger communica-
tion plans that include individuals with disabil-
ities; 
(E) 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; 
(F) a strategy and timeline for conducting 
training under section 109, including recurrent 
training and periodic unannounced exercises for 
employees of the provider to be carried out under 
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the plan to prevent, prepare for, or respond to a 
terrorist attack; 
(G) enhanced security measures to be taken 
by the provider when the Secretary declares a pe-
riod of heightened security risk; 
(H) 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; 
(I) plans for locating, including by covert 
electronic devices, shipments of railroad cars 
transporting security sensitive materials or nu-
clear waste so that, if the assets are lost or stolen, 
the provider or law enforcement authorities may 
locate, track, and recover the assets; 
(J) a strategy for implementing enhanced 
security for shipments of security sensitive mate-
rials under section 124; and 
(K) such other actions or procedures as the 
Secretary determines are appropriate to address 
the covered transportation security of the pro-
vider to a terrorist attack. 
(2) SECURITY COORDINATOR REQUIREMENTS.— 
The Secretary shall require that the individual serv-
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ing as the security coordinator identified in para-
graph (1)(A) is a citizen of the United States. The 
Secretary may waive this requirement with respect to 
an individual if the Secretary determines that it is 
appropriate to do so based on a background check of 
the individual and a review of terrorist watch lists to 
ensure that the individual is not identified on any 
such terrorist watch list. 
(3) CONSISTENCY
WITH
OTHER
PLANS.—The 
Secretary, in consultation with the Secretary of 
Transportation, shall ensure that each security plan 
under this section is consistent with the requirements 
of the National Strategy for Rail and Public Trans-
portation Security described in section 101. 
(e) PROVIDED BY SECRETARY.—The Secretary shall 
provide, in a timely manner to the maximum extent prac-
ticable under applicable authority and in the interest of na-
tional security, to the provider of the covered transportation 
threat information that is relevant to the provider when 
preparing and submitting vulnerabilities and security 
plans, 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. 
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(f) SECURITY PERFORMANCE REQUIREMENTS.—The 
Secretary shall, by regulation, establish security perform-
ance requirements for the security plans required for pro-
viders of covered transportation. The regulations shall— 
(1) require separate and increasingly stringent 
security performance requirements for security plans 
as the level of risk associated with the tier increases; 
and 
(2) permit each provider of covered transpor-
tation submitting a security plan to select a combina-
tion of security measures that satisfy the security per-
formance requirements established by the Secretary 
under this subsection. 
(g) DEADLINE FOR REVIEW PROCESS.—Not later than 
12 months after the date of the issuance of the regulations 
under subsection (a), the Secretary, in consultation with 
the Secretary of Transportation, shall— 
(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, in-
cluding the regulations issued under subsection (a); 
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(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. 
(h) INTERIM SECURITY MEASURES.—The Secretary, 
in consultation with the Secretary of Transportation, shall 
require, during the period before the deadline established 
under subsection (b), each provider of covered transpor-
tation required to submit a security plan under subsection 
(b) to implement any necessary interim security measures 
to deter, mitigate, and respond to, to the maximum extent 
practicable, a transportation security incident with respect 
to the covered transportation or a substantive threat of such 
an incident until the security plan of the provider is ap-
proved. 
(i) NONDISCLOSURE OF INFORMATION.— 
(1) IN GENERAL.—Nothing in this Act shall be 
construed to require the disclosure of a vulnerability 
assessment or a security plan of a provider of covered 
transportation to the extent that such information is 
exempted from mandatory disclosure under section 
552 of title 5, United States Code. 
(2) OTHER
OBLIGATIONS
UNAFFECTED.—Noth-
ing in this section shall affect any obligation of the 
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provider of covered transportation to submit or make 
available information to covered transportation em-
ployees, 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 obligation 
of a Federal agency to disclose any record or informa-
tion that the Federal agency obtains from a provider 
of covered transportation under any other law. 
(j) PENALTIES.— 
(1) ADMINISTRATIVE PENALTIES.— 
(A) IN GENERAL.—The Secretary may im-
pose an administrative penalty of not more than 
$100,000 for failure to comply with this section, 
including regulations issued under subsection 
(a). 
(B) NOTICE AND OPPORTUNITY TO REQUEST 
HEARING.—Before imposing a penalty under 
subparagraph (A), the Secretary shall provide to 
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the person against whom the penalty is to be im-
posed— 
(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 Act, including 
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 Act, in-
cluding regulations issued under subsection (a), 
or a security plan approved by the Secretary 
under this section. 
(B) RELIEF.—In any action under this Act, 
a court may issue an order for injunctive relief 
and may impose a civil penalty of not more 
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than $75,000 for each day on which a violation 
occurs or a failure to comply continues. 
(3) CRIMINAL PENALTIES.—A provider of covered 
transportation who intentionally violates this section, 
including 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. 
(k) EXISTING PROCEDURES, PROTOCOLS AND STAND-
ARDS.— 
(1) DETERMINATION.—In response to a petition 
by a provider of covered transportation or at the dis-
cretion of the Secretary, the Secretary may recognize 
existing procedures, protocols, and standards of a pro-
vider of covered transportation that the Secretary de-
termines to meet all or part of the requirements of 
this section, including regulations issued under sub-
section (a), regarding vulnerability assessments and 
security plans. 
(2) ELECTION.—Upon review and written deter-
mination by the Secretary that existing procedures, 
protocols, or standards of a provider of covered trans-
portation satisfy all of the requirements of this sec-
tion, including regulations issued under subsection 
(a), the provider may elect to comply with those pro-
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cedures, protocols, or standards instead of the require-
ments of this section. 
(3) PARTIAL APPROVAL.—If the Secretary deter-
mines that the existing procedures, protocols, or 
standards of a provider of covered transportation sat-
isfy only part of the requirements of this section, in-
cluding regulations issued under subsection (a), the 
Secretary may accept those submissions, but shall re-
quire submission by the provider of any additional 
information relevant to vulnerability assessments and 
security plans of the provider to ensure that the re-
maining requirements of this section are fulfilled. 
(4) NOTIFICATION.—If the Secretary determines 
that particular existing procedures, protocols, or 
standards of a provider of covered transportation 
under this subsection do not satisfy the requirements 
of this section, including regulations issued under 
subsection (a), the Secretary shall provide to such 
provider a written notification that includes an ex-
planation of the reasons why the determination could 
not be made. 
(5) REVIEW.—Nothing in this subsection shall 
relieve the Secretary of the obligation— 
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(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. 
(l) PERIODIC REVIEW
BY PROVIDER
OF COVERED 
TRANSPORTATION REQUIRED.— 
(1) SUBMISSION OF REVIEW.—Not later than 3 
years after the date on which a vulnerability assess-
ment or security plan required to be submitted to the 
Secretary under subsection (b) is submitted, and at 
least once every 5 years thereafter (or on such a 
schedule as the Secretary may establish by regula-
tion), the provider of covered transportation who sub-
mitted the vulnerability assessment or security plan 
shall also submit to the Secretary a review of the ade-
quacy of the vulnerability assessment or security plan 
that includes a description of any material changes 
made to the vulnerability assessment or security plan. 
(2) REVIEW OF REVIEW.—Not later than 180 
days after the date on which a review is submitted, 
the Secretary shall review the review and notify the 
provider of covered transportation submitting the re-
view of the Secretary’s approval or disapproval of 
such review. 
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(m) SHARED FACILITIES.—The Secretary, in con-
sultation with the Secretary of Transportation, 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 
have shared facilities (such as tunnels, bridges, or stations, 
or facilities) that are geographically close or otherwise co- 
located. 
(n) FERRY EXEMPTION.—This section does not apply 
to any ferry system for which a vulnerability assessment 
and security plan is required pursuant to chapter 701 of 
title 46, United States Code. 
(o) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary, in consultation with 
the Secretary of Transportation, shall submit a report to 
the appropriate congressional committees regarding the fea-
sibility of implementing name-based checks against ter-
rorist watch lists for all National Railroad Passenger Cor-
poration, hereinafter referred to as ‘‘Amtrak’’ passengers. 
SEC. 104. INFORMATION SHARING PLAN. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary, in consultation 
with the Secretary of Transportation, shall develop and sub-
mit to the appropriate congressional committees a railroad, 
public transportation, and over-the-road bus information 
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sharing plan to ensure the development 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 stakeholders. 
(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 
(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 Sec-
retary shall certify to the appropriate congressional 
committees when the plan has been implemented. 
(2) ANNUAL REPORTS.—After the Secretary pro-
vides the certification under paragraph (1), the Sec-
retary shall provide a report to the appropriate con-
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gressional committees each year thereafter on the fol-
lowing: 
(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 tac-
tical or strategic. 
(C) The numbers of different government, 
law enforcement, and public or private sector 
partners who the Department provided with each 
intelligence product. 
(d) ANNUAL SURVEYS.—The Secretary shall conduct 
an annual survey of the satisfaction of each of the recipients 
of railroad, public transportation, and over-the-road bus in-
telligence reports created and disseminated under the plan 
and include the results of the survey as part of the cor-
responding annual report provided under subsection (c)(2). 
(e) CLASSIFICATION OF MATERIAL.—To the greatest 
extent possible, the Department shall provide appropriate 
stakeholders with information in an unclassified format. 
(f) SECURITY CLEARANCES.—The Department shall 
assist the appropriate Federal, State, regional, local, and 
tribal authorities, in addition to appropriate stakeholders, 
in obtaining the security clearances needed to receive classi-
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fied covered transportation security information as nec-
essary if this information cannot be disseminated in an un-
classified format. 
SEC. 105. RAIL SECURITY ASSISTANCE. 
(a) IN GENERAL.—The Secretary, in consultation with 
the Secretary of Transportation, shall establish a program 
for making grants to eligible entities for security improve-
ments described in subsection (b). 
(b) USES OF FUNDS.—A recipient of a grant under 
this section shall 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 to reduce the vulnerability of 
rail cars. 
(3) Passenger railroad station security redevelop-
ment and capital improvement projects that the Sec-
retary determines enhance rail station security. 
(4) Security improvements to passenger railroad 
stations and other railroad transportation infrastruc-
ture. 
(5) Tunnel protection systems. 
(6) Evacuation improvements. 
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(7) Inspection technologies, including verified 
visual inspection technologies using hand-held readers 
and discs. 
(8) 
Communications 
equipment, 
including 
equipment that is interoperable with Federal, State, 
and local agencies and tribal governments. 
(9) Chemical, biological, radiological, or explo-
sive detection, including canine patrols for such detec-
tion. 
(10) Surveillance equipment. 
(11) Cargo or passenger screening equipment. 
(12) Railroad inspection facilities and related 
infrastructure at United States international borders, 
including additional side railroad track necessary for 
passenger and freight train inspection. 
(13) Emergency response equipment, including 
fire suppression and decontamination equipment, per-
sonal protective equipment, and defibrillators. 
(14) Global positioning or tracking and recovery 
equipment. 
(15) Redundant critical operations control sys-
tems. 
(16) Operating and capital costs associated with 
security awareness, preparedness, and response train-
ing, including training under section 109 and train-
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ing developed by universities and institutions of high-
er education and by nonprofit employee labor organi-
zations, for front-line railroad employees. 
(17) Live or simulated exercises described in sec-
tion 110. 
(18) Overtime reimbursement for additional se-
curity personnel during periods of heightened security 
as determined by the Secretary. 
(19) Public awareness campaigns for enhanced 
rail security. 
(20) Operational costs for personnel assigned to 
full-time security or counterterrorism duties related to 
rail transportation. 
(21) Such other security improvements as the 
Secretary considers appropriate. 
(c) SECURITY IMPROVEMENT PRIORITIES.—In estab-
lishing guidelines for applications for grants under this sec-
tion, the Secretary shall establish a list in order of priority 
regarding uses of funds for grant recipients under this sec-
tion 
(d) MULTIYEAR AWARDS.—Pursuant to this section, 
the Secretary may issue multi-year grants for not longer 
than a 5-year period. 
(e) LETTERS OF INTENT.— 
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(1) ISSUANCE.—The Secretary may issue a letter 
of intent to a recipient of a grant under this section, 
to commit funding from future budget authority of an 
amount, not more than the Federal Government’s 
share of the project’s cost, for a capital improvement 
project. 
(2) SCHEDULE.—The letter of intent under this 
subsection shall establish a schedule under which the 
Secretary will reimburse the recipient for the Federal 
Government’s share of the project’s costs, as amounts 
become available, if the recipient, after the Secretary 
issues that letter, carries out the project without re-
ceiving amounts under a grant issued under this sec-
tion. 
(3) NOTICE TO SECRETARY.—A recipient that 
has been issued a letter of intent under this section 
shall notify the Secretary of the recipient’s intent to 
carry out a project before the project begins. 
(4) NOTICE TO CONGRESS.—The Secretary shall 
transmit to the appropriate congressional committees 
a written notification at least 3 days before the 
issuance of a letter of intent under this subsection. 
(5) LIMITATIONS.—A letter of intent issued 
under this subsection is not an obligation of the Fed-
eral Government under section 1501 of title 31, 
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United States Code, and the letter is not deemed to 
be an administrative commitment for financing. An 
obligation or administrative commitment may be 
made only as amounts are provided in authorization 
and appropriations laws. 
(6) STATUTORY CONSTRUCTION.—Nothing in this 
section shall be construed to prohibit the obligation of 
amounts pursuant to a letter of intent under this sec-
tion in the same fiscal year as the letter of intent is 
issued. 
(f) ELIGIBILITY.— 
(1) IN GENERAL.—Eligible entities for a grant 
under this section may include State, local, and tribal 
governmental entities, Amtrak, infrastructure owners, 
including railroad carriers, private entities, and pub-
lic-private entities, or their designees. 
(2) PROJECT
ELIGIBILITY.—A recipient of a 
grant under this section may use grant funds only for 
permissible uses under subsection (b) to further a rail 
security plan developed, submitted to, and approved 
by the Secretary. 
(g) FEDERAL SHARE.— 
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), a grant for a project under this 
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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 Sec-
retary determines, upon written notice to the appro-
priate congressional committees, that a higher Federal 
share for a grant under this section is necessary to re-
spond to an urgent threat to national security, the 
Secretary may increase the Federal share for the 
grant to up to 100 percent of the net cost of the 
project. 
(4) APPLICABILITY.—This subsection shall only 
apply to freight rail carriers. 
(h) SUBJECT
TO CERTAIN STANDARDS.—The Sec-
retary shall require a recipient of a grant under this section 
and section 108 to comply with the standards of section 
24312 of title 49, United States Code, as in effect on Janu-
ary 1, 2007, with respect to the project in the same manner 
as Amtrak is required to comply with such standards for 
construction work financed under an agreement made 
under section 24308(a) of that title. 
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(i) LIMITATION ON USES OF FUNDS.—A grant made 
under this section may not be used— 
(1) to supplant State or local funds; and 
(2) to make any State or local government cost- 
sharing contribution under any other law. 
(j) ANNUAL REPORTS.—Each recipient of a grant 
under this section shall report annually to the Secretary 
on the use of grant funds. 
(k) GUIDELINES.—Before distribution of funds to re-
cipients of grants under this section, the Secretary, in con-
sultation with the Secretary of Transportation, shall issue 
guidelines to ensure that recipients of grants under this sec-
tion use small, minority, women-owned, or disadvantaged 
businesses as contractors or subcontractors to the extent 
practicable. 
(l) MONITORING.—The Secretary shall be responsible 
for monitoring the manner in which the grants are used. 
(m) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary $600,000,000 for each of 
fiscal years 2008 through 2011 for making grants 
under this section. 
(2) PERIOD
OF
AVAILABILITY.—Sums appro-
priated to carry out this section shall remain avail-
able until expended. 
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SEC. 106. PUBLIC TRANSPORTATION SECURITY ASSIST-
ANCE. 
(a) IN GENERAL.—The Secretary, in consultation with 
the Secretary of Transportation, shall establish a program 
for making grants to an eligible public transportation des-
ignated recipient for security improvements described in 
subsection (b). 
(b) USES OF FUNDS.—A recipient of a grant under 
subsection (a) shall 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. 
(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 readers 
and discs. 
(6) Communications equipment, including mo-
bile service equipment to provide access to emergency 
services in an underground fixed guideway system. 
(7) Chemical, biological, or radiological or explo-
sive detection, including canine patrols for such detec-
tion. 
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(8) Surveillance equipment. 
(9) Emergency response equipment, including 
fire suppression and decontamination equipment, per-
sonal protective equipment, and defibrillators. 
(10) Global positioning or tracking and recovery 
equipment. 
(11) Redundant critical operations control sys-
tems. 
(12) Live or simulated exercises described in sec-
tion 110. 
(13) Public awareness campaigns for enhanced 
public transportation security. 
(14) Operating and capital costs associated with 
security awareness, preparedness, and response train-
ing, including training under section 109 and train-
ing developed by universities and institutions of high-
er education and by nonprofit employee labor organi-
zations, for front-line public transportation employ-
ees. 
(15) Overtime reimbursement for additional se-
curity personnel during periods of heightened security 
as determined by the Secretary. 
(16) Operational costs for personnel assigned to 
full-time security or counterterrorism duties related to 
public transportation. 
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(17) Such other security improvements as the 
Secretary considers appropriate. 
(c) ELIGIBILITY.— 
(1) IN GENERAL.—Eligible entities for a grant 
under this section may include public transportation 
agencies and State, local, and tribal governmental en-
tities that provide security or counterterrorism related 
services to public transportation. 
(2) PROJECT
ELIGIBILITY.—A recipient of a 
grant under this section may use grant funds only for 
permissible uses under subsection (b) to further a pub-
lic transportation security plan developed, submitted 
to, and approved by the Secretary. 
(d) SECURITY IMPROVEMENT PRIORITIES.—In estab-
lishing guidelines for applications for grants under this sec-
tion, the Secretary shall establish a list in order of priority 
regarding uses of funds for grant recipients under this sec-
tion. 
(e) SUBJECT TO CERTAIN TERMS AND CONDITIONS.— 
Except as otherwise specifically provided in this section, a 
grant provided under this section shall be subject to the 
terms and conditions applicable to a grant made under sec-
tion 5307 of title 49, United States Code, under effect on 
January 1, 2007, and such other terms and conditions as 
are determined necessary by the Secretary. 
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(f) LIMITATION ON USES OF FUNDS.—Grants made 
under this section may not be used— 
(1) to supplant State or local funds; and 
(2) to make any State or local government cost- 
sharing contribution under any other law. 
(g) ANNUAL REPORTS.—Each recipient of a grant 
under this section shall report annually to the Secretary 
on the use of the grant funds. 
(h) GUIDELINES.—Before distribution of funds to re-
cipients of grants under this section, the Secretary, in con-
sultation with the Secretary of Transportation, shall issue 
guidelines to ensure that recipients of grants under this sec-
tion use small, minority, women-owned, or disadvantaged 
businesses as contractors or subcontractors to the extent 
practicable. 
(i) MONITORING.—The Secretary shall be responsible 
for monitoring the manner in which the grants are used. 
(j) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be ap-
propriated to the Secretary to make grants under this 
section— 
(A) $775,000,000 for fiscal year 2008; 
(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. 
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