H. R. 1—163 
the Department of Transportation, and other appropriate 
agencies; 
(C) a process for facilitating security clearances for 
the purpose of intelligence and information sharing with 
the entities described in subsection (c), as appropriate; 
(D) a strategy and timeline, coordinated with the 
research and development program established under sec-
tion 1518, for the Department, the Department of Transpor-
tation, other appropriate Federal agencies and private enti-
ties to research and develop new technologies for securing 
railroad systems; and 
(E) a process for coordinating existing or future security 
strategies and plans for railroad transportation, including 
the National Infrastructure Protection Plan required by 
Homeland Security Presidential Directive–7; Executive 
Order No. 13416: ‘‘Strengthening Surface Transportation 
Security’’ dated December 5, 2006; the Memorandum of 
Understanding between the Department and the Depart-
ment of Transportation on Roles and Responsibilities dated 
September 28, 2004, and any and all subsequent annexes 
to this Memorandum of Understanding, and any other 
relevant agreements between the two Departments. 
(c) CONSULTATION WITH STAKEHOLDERS.—In developing the 
National Strategy required under this section, the Secretary shall 
consult with railroad management, nonprofit employee organiza-
tions representing railroad employees, owners or lessors of railroad 
cars used to transport hazardous materials, emergency responders, 
offerors of security-sensitive materials, public safety officials, and 
other relevant parties. 
(d) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In devel-
oping the risk assessment and National Strategy required under 
this section, the Secretary shall utilize relevant existing plans, 
strategies, and risk assessments developed by the Department or 
other Federal agencies, including those developed or implemented 
pursuant to section 114(t) of title 49, United States Code, or Home-
land Security Presidential Directive–7, and, as appropriate, assess-
ments developed by other public and private stakeholders. 
(e) REPORT.— 
(1) CONTENTS.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to the 
appropriate congressional committees a report containing— 
(A) the assessment and the National Strategy required 
by this section; and 
(B) an estimate of the cost to implement the National 
Strategy. 
(2) FORMAT.—The Secretary may submit the report in both 
classified and redacted formats if the Secretary determines 
that such action is appropriate or necessary. 
(f) ANNUAL UPDATES.—Consistent with the requirements of sec-
tion 114(t) of title 49, United States Code, the Secretary shall 
update the assessment and National Strategy each year and 
transmit a report, which may be submitted in both classified and 
redacted formats, to the appropriate congressional committees con-
taining the updated assessment and recommendations. 
(g) FUNDING.—Out of funds appropriated pursuant to section 
114(w) of title 49, United States Code, as amended by section
H. R. 1—164 
1503 of this title, there shall be made available to the Secretary 
to carry out this section $5,000,000 for fiscal year 2008. 
SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS. 
(a) IN GENERAL.—Not later than 12 months after the date 
of enactment of this Act, the Secretary shall issue regulations 
that— 
(1) require each railroad carrier assigned to a high-risk 
tier under this section to— 
(A) conduct a vulnerability assessment in accordance 
with subsections (c) and (d); and 
(B) to prepare, submit to the Secretary for approval, 
and implement a security plan in accordance with this 
section that addresses security performance requirements; 
and 
(2) establish standards and guidelines, based on and con-
sistent with the risk assessment and National Strategy for 
Railroad Transportation Security developed under section 1511, 
for developing and implementing the vulnerability assessments 
and security plans for railroad carriers assigned to high-risk 
tiers. 
(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish 
a security program for railroad carriers not assigned to a high- 
risk tier, including— 
(1) guidance for such carriers in conducting vulnerability 
assessments and preparing and implementing security plans, 
as determined appropriate by the Secretary; and 
(2) a process to review and approve such assessments and 
plans, as appropriate. 
(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after 
the date of issuance of the regulations under subsection (a), the 
vulnerability assessments and security plans required by such regu-
lations for railroad carriers assigned to a high-risk tier shall be 
completed and submitted to the Secretary for review and approval. 
(d) VULNERABILITY ASSESSMENTS.— 
(1) REQUIREMENTS.—The Secretary shall provide technical 
assistance and guidance to railroad carriers in conducting 
vulnerability assessments under this section and shall require 
that each vulnerability assessment of a railroad carrier assigned 
to a high-risk tier under this section, include, as applicable— 
(A) identification and evaluation of critical railroad 
carrier assets and infrastructure, including platforms, sta-
tions, intermodal terminals, tunnels, bridges, switching and 
storage areas, and information systems as appropriate; 
(B) identification of the vulnerabilities to those assets 
and infrastructure; 
(C) identification of strengths and weaknesses in— 
(i) physical security; 
(ii) passenger and cargo security, including the 
security of security-sensitive materials being trans-
ported by railroad or stored on railroad property; 
(iii) programmable electronic devices, computers, 
or other automated systems which are used in pro-
viding the transportation; 
(iv) alarms, cameras, and other protection systems;
H. R. 1—165 
(v) communications systems and utilities needed 
for railroad security purposes, including dispatching 
and notification systems; 
(vi) emergency response planning; 
(vii) employee training; and 
(viii) such other matters as the Secretary deter-
mines appropriate; and 
(D) identification of redundant and backup systems 
required to ensure the continued operation of critical ele-
ments of a railroad carrier’s system in the event of an 
attack or other incident, including disruption of commercial 
electric power or communications network. 
(2) THREAT INFORMATION.—The Secretary shall provide in 
a timely manner to the appropriate employees of a railroad 
carrier, as designated by the railroad carrier, threat information 
that is relevant to the carrier when preparing and submitting 
a vulnerability assessment and security plan, including an 
assessment of the most likely methods that could be used 
by terrorists to exploit weaknesses in railroad security. 
(e) SECURITY PLANS.— 
(1) REQUIREMENTS.—The Secretary shall provide technical 
assistance and guidance to railroad carriers in preparing and 
implementing security plans under this section, and shall 
require that each security plan of a railroad carrier assigned 
to a high-risk tier under this section include, as applicable— 
(A) identification of a security coordinator having 
authority— 
(i) to implement security actions under the plan; 
(ii) to coordinate security improvements; and 
(iii) to receive immediate communications from 
appropriate Federal officials regarding railroad secu-
rity; 
(B) a list of needed capital and operational improve-
ments; 
(C) procedures to be implemented or used by the rail-
road carrier in response to a terrorist attack, including 
evacuation and passenger communication plans that 
include individuals with disabilities as appropriate; 
(D) identification of steps taken with State and local 
law enforcement agencies, emergency responders, and Fed-
eral officials to coordinate security measures and plans 
for response to a terrorist attack; 
(E) a strategy and timeline for conducting training 
under section 1517; 
(F) enhanced security measures to be taken by the 
railroad carrier when the Secretary declares a period of 
heightened security risk; 
(G) plans for providing redundant and backup systems 
required to ensure the continued operation of critical ele-
ments of the railroad carrier’s system in the event of a 
terrorist attack or other incident; 
(H) a strategy for implementing enhanced security for 
shipments of security-sensitive materials, including plans 
for quickly locating and securing such shipments in the 
event of a terrorist attack or security incident; and
H. R. 1—166 
(I) such other actions or procedures as the Secretary 
determines are appropriate to address the security of rail-
road carriers. 
(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary 
shall require that the individual serving as the security coordi-
nator identified in paragraph (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 appro-
priate to do so based on a background check of the individual 
and a review of the consolidated terrorist watchlist. 
(3) CONSISTENCY WITH OTHER PLANS.—The Secretary shall 
ensure that the security plans developed by railroad carriers 
under this section are consistent with the risk assessment 
and National Strategy for Railroad Transportation Security 
developed under section 1511. 
(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months 
after receiving the assessments and plans required under this sec-
tion, the Secretary shall— 
(1) review each vulnerability assessment and security plan 
submitted to the Secretary in accordance with subsection (c); 
(2) require amendments to any security plan that does 
not meet the requirements of this section; and 
(3) approve any vulnerability assessment or security plan 
that meets the requirements of this section. 
(g) INTERIM SECURITY MEASURES.—The Secretary may require 
railroad carriers, during the period before the deadline established 
under subsection (c), to submit a security plan under subsection 
(e) to implement any necessary interim security measures essential 
to providing adequate security of the railroad carrier’s system. 
An interim plan required under this subsection will be superseded 
by a plan required under subsection (e). 
(h) TIER ASSIGNMENT.—Utilizing the risk assessment and 
National Strategy for Railroad Transportation Security required 
under section 1511, the Secretary shall assign each railroad carrier 
to a risk-based tier established by the Secretary: 
(1) PROVISION
OF
INFORMATION.—The Secretary may 
request, and a railroad carrier shall provide, information nec-
essary for the Secretary to assign a railroad carrier to the 
appropriate tier under this subsection. 
(2) NOTIFICATION.—Not later than 60 days after the date 
a railroad carrier is assigned to a tier under this subsection, 
the Secretary shall notify the railroad carrier of the tier to 
which it is assigned and the reasons for such assignment. 
(3) HIGH-RISK TIERS.—At least one of the tiers established 
by the Secretary under this subsection shall be designated 
a tier for high-risk railroad carriers. 
(4) REASSIGNMENT.—The Secretary may reassign a railroad 
carrier to another tier, as appropriate, in response to changes 
in risk. The Secretary shall notify the railroad carrier not 
later than 60 days after such reassignment and provide the 
railroad carrier with the reasons for such reassignment. 
(i) NONDISCLOSURE OF INFORMATION.— 
(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 
in this section shall be construed as authorizing the withholding 
of any information from Congress. 
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA-
TION.—Nothing in this section shall be construed as affecting
H. R. 1—167 
any authority or obligation of a Federal agency to disclose 
any record or information that the Federal agency obtains 
from a railroad carrier under any other Federal law. 
(j) EXISTING PROCEDURES, PROTOCOLS AND STANDARDS.— 
(1) DETERMINATION.—In response to a petition by a railroad 
carrier or at the discretion of the Secretary, the Secretary 
may determine that existing procedures, protocols, and stand-
ards meet all or part of the requirements of this section, 
including regulations issued under subsection (a), regarding 
vulnerability assessments and security plans. 
(2) ELECTION.—Upon review and written determination by 
the Secretary that existing procedures, protocols, or standards 
of a railroad carrier satisfy the requirements of this section, 
the railroad carrier may elect to comply with those procedures, 
protocols, or standards instead of the requirements of this 
section. 
(3) PARTIAL APPROVAL.—If the Secretary determines that 
the existing procedures, protocols, or standards of a railroad 
carrier satisfy only part of the requirements of this section, 
the Secretary may accept such submission, but shall require 
submission by the railroad carrier of any additional information 
relevant to the vulnerability assessment and security plan of 
the railroad carrier to ensure that the remaining requirements 
of this section are fulfilled. 
(4) NOTIFICATION.—If the Secretary determines that par-
ticular existing procedures, protocols, or standards of a railroad 
carrier under this subsection do not satisfy the requirements 
of this section, the Secretary shall provide to the railroad carrier 
a written notification that includes an explanation of the deter-
mination. 
(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 railroad carrier under this section; 
and 
(B) to approve or disapprove each submission on an 
individual basis. 
(k) PERIODIC EVALUATION BY RAILROAD CARRIERS REQUIRED.— 
(1) SUBMISSION OF EVALUATION.—Not later than 3 years 
after the date on which a vulnerability assessment or security 
plan required to be submitted to the Secretary under subsection 
(c) is approved, and at least once every 5 years thereafter 
(or on such a schedule as the Secretary may establish by 
regulation), a railroad carrier who submitted a vulnerability 
assessment and security plan and who is still assigned to 
the high-risk tier must also submit to the Secretary an evalua-
tion of the adequacy of the vulnerability assessment and secu-
rity plan that includes a description of any material changes 
made to the vulnerability assessment or security plan. 
(2) REVIEW OF EVALUATION.—Not later than 180 days after 
the date on which an evaluation is submitted, the Secretary 
shall review the evaluation and notify the railroad carrier 
submitting the evaluation of the Secretary’s approval or dis-
approval of the evaluation. 
(l) SHARED FACILITIES.—The Secretary may permit under this 
section the development and implementation of coordinated vulner-
ability assessments and security plans to the extent that a railroad
H. R. 1—168 
carrier shares facilities with, or is colocated with, other transpor-
tation entities or providers that are required to develop vulnerability 
assessments and security plans under Federal law. 
(m) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with railroad carriers, nonprofit employee labor 
organizations representation railroad employees, and public safety 
and law enforcement officials. 
SEC. 1513. RAILROAD SECURITY ASSISTANCE. 
(a) SECURITY IMPROVEMENT GRANTS.—(1) The Secretary, in con-
sultation with the Administrator of the Transportation Security 
Administration and other appropriate agencies or officials, is 
authorized to make grants to railroad carriers, the Alaska Railroad, 
security-sensitive materials offerors who ship by railroad, owners 
of railroad cars used in the transportation of security-sensitive 
materials, State and local governments (for railroad passenger facili-
ties and infrastructure not owned by Amtrak), and Amtrak for 
intercity passenger railroad and freight railroad security improve-
ments described in subsection (b) as approved by the Secretary. 
(2) A railroad carrier is eligible for a grant under this section 
if the carrier has completed a vulnerability assessment and devel-
oped a security plan that the Secretary has approved in accordance 
with section 1512. 
(3) A recipient of a grant under this section may use grant 
funds only for permissible uses under subsection (b) to further 
a railroad security plan that meets the requirements of paragraph 
(2). 
(4) Notwithstanding the requirement for eligibility and uses 
of funds in paragraphs (2) and (3), a railroad carrier is eligible 
for a grant under this section if the applicant uses the funds 
solely for the development of assessments or security plans under 
section 1512. 
(5) Notwithstanding the requirements for eligibility and uses 
of funds in paragraphs (2) and (3), prior to the earlier of 1 year 
after the date of issuance of final regulations requiring vulnerability 
assessments and security plans under section 1512 or 3 years 
after the date of enactment of this Act, the Secretary may award 
grants under this section for rail security improvements listed under 
subsection (b) based upon railroad carrier vulnerability assessments 
and security plans that the Secretary determines are sufficient 
for the purposes of this section but have not been approved by 
the Secretary in accordance with section 1512. 
(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) Security and redundancy for critical communications, 
computer, and train control systems essential for secure rail-
road operations. 
(2) Accommodation of railroad cargo or passenger security 
inspection facilities, related infrastructure, and operations at 
or near United States international borders or other ports 
of entry. 
(3) The security of security-sensitive materials transpor-
tation by railroad. 
(4) Chemical, biological, radiological, or explosive detection, 
including canine patrols for such detection.
H. R. 1—169 
(5) The security of intercity passenger railroad stations, 
trains, and infrastructure, including security capital improve-
ment projects that the Secretary determines enhance railroad 
station security. 
(6) Technologies to reduce the vulnerabilities of railroad 
cars, including structural modification of railroad cars trans-
porting security-sensitive materials to improve their resistance 
to acts of terrorism. 
(7) The sharing of intelligence and information about secu-
rity threats. 
(8) To obtain train tracking and communications equip-
ment, including equipment that is interoperable with Federal, 
State, and local agencies and tribal governments. 
(9) To hire, train, and employ police and security officers, 
including canine units, assigned to full-time security or 
counterterrorism duties related to railroad transportation. 
(10) Overtime reimbursement, including reimbursement of 
State, local, and tribal governments for costs, for enhanced 
security personnel assigned to duties related to railroad security 
during periods of high or severe threat levels and National 
Special Security Events or other periods of heightened security 
as determined by the Secretary. 
(11) Perimeter protection systems, including access control, 
installation of improved lighting, fencing, and barricades at 
railroad facilities. 
(12) Tunnel protection systems. 
(13) Passenger evacuation and evacuation-related capital 
improvements. 
(14) Railroad security inspection technologies, including 
verified visual inspection technologies using hand-held readers. 
(15) Surveillance equipment. 
(16) Cargo or passenger screening equipment. 
(17) Emergency response equipment, including fire suppres-
sion and decontamination equipment, personal protective equip-
ment, and defibrillators. 
(18) Operating and capital costs associated with security 
awareness, preparedness, and response training, including 
training under section 1517, and training developed by univer-
sities, institutions of higher education, and nonprofit employee 
labor organizations, for railroad employees, including frontline 
employees. 
(19) Live or simulated exercises, including exercises 
described in section 1516. 
(20) Public awareness campaigns for enhanced railroad 
security. 
(21) Development of assessments or security plans under 
section 1512. 
(22) Other security improvements— 
(A) identified, required, or recommended under sections 
1511 and 1512, including infrastructure, facilities, and 
equipment upgrades; or 
(B) that the Secretary considers appropriate. 
(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— 
In carrying out the responsibilities under subsection (a), the Sec-
retary shall— 
(1) determine the requirements for recipients of grants; 
(2) establish priorities for uses of funds for grant recipients;
H. R. 1—170 
(3) award the funds authorized by this section based on 
risk, as identified by the plans required under sections 1511 
and 1512, or assessment or plan described in subsection (a)(5); 
(4) take into account whether stations or facilities are 
used by commuter railroad passengers as well as intercity 
railroad passengers in reviewing grant applications; 
(5) encourage non-Federal financial participation in projects 
funded by grants; and 
(6) not later than 5 business days after awarding a grant 
to Amtrak under this section, transfer grant funds to the Sec-
retary of Transportation to be disbursed to Amtrak. 
(d) MULTIYEAR AWARDS.—Grant funds awarded under this sec-
tion may be awarded for projects that span multiple years. 
(e) LIMITATION ON USES OF FUNDS.—A grant made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law. 
(f) ANNUAL REPORTS.—Each recipient of a grant under this 
section shall report annually to the Secretary on the use of grant 
funds. 
(g) NON-FEDERAL MATCH STUDY.—Not later than 240 days 
after the date of enactment of this Act, the Secretary shall provide 
a report to the appropriate congressional committees on the feasi-
bility and appropriateness of requiring a non-Federal match for 
grants awarded to freight railroad carriers and other private entities 
under this section. 
(h) SUBJECT TO CERTAIN STANDARDS.—A recipient of a grant 
under this section and sections 1514 and 1515 shall be required 
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 project in the same manner as Amtrak is required to comply 
with such standards for construction work financed under an agree-
ment made under section 24308(a) of that title. 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Out of funds appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended 
by section 1503 of this title, there shall be made available 
to the Secretary to carry out this section— 
(A) $300,000,000 for fiscal year 2008; 
(B) $300,000,000 for fiscal year 2009; 
(C) $300,000,000 for fiscal year 2010; and 
(D) $300,000,000 for fiscal year 2011. 
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 
out this section shall remain available until expended. 
SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 
(a) IN GENERAL.— 
(1) GRANTS.—Subject to subsection (b), the Secretary, in 
consultation with the Administrator of the Transportation Secu-
rity Administration, is authorized to make grants to Amtrak 
in accordance with the provisions of this section. 
(2) GENERAL PURPOSES.—The Secretary may make such 
grants for the purposes of— 
(A) protecting underwater and underground assets and 
systems; 
(B) protecting high-risk and high-consequence assets 
identified through systemwide risk assessments; 
(C) providing counterterrorism or security training;
H. R. 1—171 
(D) providing both visible and unpredictable deter-
rence; and 
(E) conducting emergency preparedness drills and exer-
cises. 
(3) SPECIFIC PROJECTS.—The Secretary shall make such 
grants— 
(A) to secure major tunnel access points and ensure 
tunnel integrity in New York, New Jersey, Maryland, and 
Washington, DC; 
(B) to secure Amtrak trains; 
(C) to secure Amtrak stations; 
(D) to obtain a watchlist identification system approved 
by the Secretary; 
(E) to obtain train tracking and interoperable commu-
nications systems that are coordinated with Federal, State, 
and local agencies and tribal governments to the maximum 
extent possible; 
(F) to hire, train, and employ police and security offi-
cers, including canine units, assigned to full-time security 
or counterterrorism duties related to railroad transpor-
tation; 
(G) for operating and capital costs associated with secu-
rity awareness, preparedness, and response training, 
including training under section 1517, and training devel-
oped by universities, institutions of higher education, and 
nonprofit employee labor organizations, for railroad 
employees, including frontline employees; and 
(H) for live or simulated exercises, including exercises 
described in section 1516. 
(b) CONDITIONS.—The Secretary shall award grants to Amtrak 
under this section for projects contained in a systemwide security 
plan approved by the Secretary developed pursuant to section 1512. 
Not later than 5 business days after awarding a grant to Amtrak 
under this section, the Secretary shall transfer the grant funds 
to the Secretary of Transportation to be disbursed to Amtrak. 
(c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Secretary shall 
ensure that, subject to meeting the highest security needs on 
Amtrak’s entire system and consistent with the risk assessment 
required under section 1511 and Amtrak’s vulnerability assessment 
and security plan developed under section 1512, stations and facili-
ties located outside of the Northeast Corridor receive an equitable 
share of the security funds authorized by this section. 
(d) AVAILABILITY OF FUNDS.— 
(1) IN GENERAL.—Out of funds appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended 
by section 1503 of this title, there shall be made available 
to the Secretary and the Administrator of the Transportation 
Security Administration to carry out this section— 
(A) $150,000,000 for fiscal year 2008; 
(B) $150,000,000 for fiscal year 2009; 
(C) $175,000,000 for fiscal year 2010; and 
(D) $175,000,000 for fiscal year 2011. 
(2) AVAILABILITY
OF
APPROPRIATED
FUNDS.—Amounts 
appropriated pursuant to paragraph (1) shall remain available 
until expended.