rity and the Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs and the Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) APPROPRIATE
PUBLIC
TRANSPORTATION 
ENTITIES.—The term ‘‘appropriate public transpor-
tation entities’’ means owners, operators, and pro-
viders of public transportation systems, public trans-
portation employee representatives, first responders, 
industry associations, private sector experts, aca-
demic experts, and appropriate Federal, State, and 
local officials. 
(3) APPROPRIATE RAIL ENTITIES.—The term 
‘‘appropriate rail entities’’ means freight and pas-
senger railroad carriers, nonprofit employee organi-
zations representing rail workers, nonprofit employee 
organizations representing emergency responders, 
owners or lessors of rail cars used to transport haz-
ardous materials, shippers of hazardous materials, 
manufacturers of rail tank cars, State Departments 
of Transportation, public safety officials, and other 
relevant parties. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security.
TITLE II—PUBLIC TRANSIT 
SECURITY 
SEC. 201. HOMELAND SECURITY PUBLIC TRANSPORTATION 
GRANTS. 
(a) AUTHORIZATION.—The Secretary of Homeland 
Security is authorized to make grants for the purpose of 
improving the security of public transportation systems 
against acts of terrorism. The grant program shall be ad-
ministered by the Director of the Office of Domestic Pre-
paredness to ensure that the program is consistent with 
other Department of Homeland Security grant programs. 
(b) GRANT CRITERIA.—The Secretary shall make 
grants under this section using the following criteria: 
(1) Risk of terrorism, including threat assess-
ment, vulnerabilities of public transportation sys-
tems, potential effects of acts of terrorism against 
public transportation systems, and past acts of ter-
rorism against modes of transportation. 
(2) Merits of the proposed projects to increase 
national security, based on a consideration of— 
(A) threats; 
(B) vulnerabilities; 
(C) consequences, including human casual-
ties and economic impacts; 
(D) consequence management;
(E) the likelihood that such projects would 
have been pursued in the normal course of busi-
ness and in the absence of national security 
considerations; and 
(F) feasibility, based on the technical and 
operational merits of the projects. 
(c) ALLOWABLE USE
OF FUNDS.—Grants made 
under this section shall be used for the purposes of— 
(1) support for increased capital investments in 
cameras, close-circuit television, and other surveil-
lance systems; 
(2) increased capital investment in command, 
control, and communications systems, including in-
vestments for redundancy and interoperability and 
for improved situational awareness, such as emer-
gency call boxes and vehicle locator systems; 
(3) increased training, including for carrying 
out exercises under section 202, and technical sup-
port for public transportation employees, especially 
for security awareness, prevention, and emergency 
response, including evacuation and decontamination; 
(4) expanded deployment of equipment and 
other measures, including canine detection teams, 
for the detection of explosives and chemical, biologi-
cal, radiological, and nuclear agents;
(5) capital improvements and operating activi-
ties, including personnel expenditures, to increase 
the physical security of stations, vehicles, bridges, 
and tunnels; 
(6) capital improvements and operating activi-
ties to improve passenger survivability in the event 
of an attack, including improvements in ventilation, 
drainage, fire safety technology, emergency commu-
nications 
systems, 
lighting 
systems, 
passenger 
egress, and accessibility by emergency response per-
sonnel; 
(7) acquisition of emergency response and sup-
port equipment, including fire suppression and de-
contamination equipment; and 
(8) expansion of employee education and public 
awareness campaigns regarding security on public 
transportation systems. 
(d) ELIGIBLE RECIPIENTS.—Grants shall be made 
available under this section directly to owners, operators, 
and providers of public transportation systems. Owners, 
operators, and providers of infrastructure over which pub-
lic transportation operates, but which is not primarily 
used for public transportation, may also be eligible for 
grants at the discretion of the Secretary.
(e) ACCOUNTABILITY.—The Secretary shall adopt 
necessary procedures, including audits, to ensure that 
grants made under this section are expended in accord-
ance with the purposes of this title and the priorities and 
other criteria developed by the Secretary. If the Secretary 
determines that a recipient has used any portion of the 
grant funds received under this section for a purpose other 
than the allowable uses specified for that grant under this 
section, the grantee shall return any amount so used to 
the Treasury of the United States. 
(f) PROCEDURES
FOR GRANT AWARD.—The Sec-
retary shall prescribe procedures and schedules for the 
awarding of grants under this section, including applica-
tion and qualification procedures, and a record of decision 
on applicant eligibility. The Secretary shall issue a final 
rule establishing the procedures not later than 90 days 
after the date of enactment of this Act. 
(g) COST SHARE.—Grants made under this section 
shall account for no more than— 
(1) 85 percent for fiscal year 2006; 
(2) 80 percent for fiscal year 2007; and 
(3) 75 percent for fiscal year 2008, 
of the expense of the purposes for which the grants are 
used.
(h) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary to carry 
out the purposes of this section— 
(1) $1,200,000,000 for fiscal year 2006; 
(2) $900,000,000 for fiscal year 2007; and 
(3) $700,000,000 for fiscal year 2008. 
Amounts appropriated pursuant to this subsection shall 
remain available until expended. 
SEC. 202. TRAINING EXERCISES. 
(a) GUIDELINES.—Not later than 4 months after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall publish guidelines for the conduct by recipi-
ents of grants under section 201 of appropriate exercises 
for emergency response and public transportation em-
ployee training purposes. 
(b) PLANS.—Not later than 6 months after receipt 
of a grant under section 201, the recipient of such grant 
shall transmit to the Secretary its emergency response 
plan as well as a plan for conducting exercises for emer-
gency response and public transportation employee train-
ing purposes pursuant to the guidelines published under 
subsection (a). 
(c) EXERCISES.— 
(1) REQUIREMENT.—Not later than 1 year 
after receipt of a grant under section 201, the re-
cipient of such grant shall conduct an exercise pur-
suant to the plan for conducting exercises trans-
mitted under subsection (b). 
(2) EXEMPTIONS.—The Secretary may exempt 
a grant recipient from the requirement under para-
graph (1) if the recipient has recently conducted an 
equivalent exercise. 
(3) NOTICE AND REPORT.—Not later than 30 
days after conducting an exercise under paragraph 
(1) or as described in paragraph (2), the recipient 
shall notify the Secretary that such exercise has 
been completed, including a description of the re-
sults of the exercise and findings and lessons learned 
from the exercise, and shall make recommendations 
for changes, if necessary, to existing emergency re-
sponse plans. If the recipient revises an emergency 
response plan as a result of an exercise under this 
subsection, the recipient shall transmit the revised 
plan to the Secretary not later than 6 months after 
the date of the exercise. 
(d) TECHNICAL ASSISTANCE.—The Secretary shall 
provide technical assistance in the design, preparation for, 
and conduct of emergency response exercises. 
(e) USE OF PLANS.—The Secretary shall ensure that 
information submitted to the Secretary under this section
is protected from any form of disclosure that might com-
promise public transportation security or trade secrets. 
Notwithstanding the preceding sentence, the Secretary 
may use such information, on a nonattributed basis unless 
otherwise agreed to by the source of the information, to 
aid in developing recommendations, best practices, and 
materials for use by public transportation authorities to 
improve security practices and emergency response capa-
bilities. 
SEC. 203. SECURITY BEST PRACTICES. 
Not later than 120 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall de-
velop, disseminate to appropriate owners, operators, and 
providers of public transportation systems, public trans-
portation employees and employee representatives, and 
Federal, State, and local officials, and transmit to Con-
gress, a report containing best practices for the security 
of public transportation systems. In developing best prac-
tices, the Secretary shall be responsible for consulting with 
and collecting input from owners, operators, and providers 
of public transportation systems, public transportation 
employee representatives, first responders, industry asso-
ciations, private sector experts, academic experts, and ap-
propriate Federal, State, and local officials.
SEC. 204. PUBLIC OUTREACH. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary of Homeland Security shall de-
velop a national plan for public outreach and awareness. 
Such plan shall be designed to increase awareness of 
measures that the general public, public transportation 
passengers, and public transportation employees can take 
to increase public transportation system security. Such 
plan shall also provide outreach to owners, operators, pro-
viders, and employees of public transportation systems to 
improve their awareness of available technologies, ongoing 
research and development efforts, and available Federal 
funding sources to improve public transportation security. 
Not later than 9 months after the date of enactment of 
this Act, the Secretary shall implement the plan developed 
under this section. 
SEC. 205. NATIONAL TRANSPORTATION SECURITY CEN-
TERS. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security, working jointly with the Secretary of Transpor-
tation, shall establish more than 1 but not more than 4 
National Transportation Security Centers at institutions 
of higher education to assist in carrying out this title, to 
conduct research and education activities, and to develop 
or provide professional training, including the training of 
public transportation employees and public transportation-
related professionals, with emphasis on utilization of intel-
ligent transportation systems, technologies, and architec-
tures. 
(b) CRITERIA.—The Secretary shall designate the 
Centers according to the following selection criteria: 
(1) The demonstrated commitment of the insti-
tution to transportation security issues. 
(2) The use of and experience with partnerships 
with other institutions of higher education, Federal 
laboratories, or other nonprofit laboratories. 
(3) Capability to conduct both practical and 
theoretical research and technical systems analysis. 
(4) Utilization of intelligent transportation sys-
tem technologies and architectures. 
(5) Ability to develop professional training pro-
grams. 
(6) Capability and willingness to conduct edu-
cation of transportation security professionals. 
(7) Such other criteria as the Secretary may 
designate. 
(c) EXISTING CENTERS.—The Secretary may des-
ignate an existing national transportation research center 
as a National Transportation Security Center under this 
section.
(d) FUNDING.—The Secretary shall provide such 
funding as is necessary to the National Transportation Se-
curity Centers established under subsection (a) to carry 
out this section. 
SEC. 206. 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, when the in-
formation or assistance is provided to or the inves-
tigation is conducted by— 
(A) a Federal, State, or local regulatory or 
law enforcement agency (including an office of 
Inspector General under the Inspector General 
Act of 1978); 
(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 
(B) if the Secretary 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 jurisdiction 
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 
later than 1 year after the date on which the 
violation occurs. 
(c) REMEDIES.— 
(1) IN
GENERAL.—A covered individual pre-
vailing in any action under subsection (b)(1) shall be 
entitled to all relief necessary to make the covered 
individual whole. 
(2) DAMAGES.—Relief for any action under 
paragraph (1) shall include— 
(A) reinstatement with the same seniority 
status that the covered individual would have 
had, but for the discrimination; 
(B) the amount of any back pay, with in-
terest; 
(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney fees; and 
(D) punitive damages in an amount not to 
exceed the greater of 3 times the amount of any
compensatory damages awarded under this sec-
tion or $5,000,000. 
(d) STATE SECRETS PRIVILEGE.—If, in any action 
brought under subsection (b)(1)(B), the Government as-
serts as a defense the privilege commonly referred to as 
the ‘‘state secrets privilege’’ and the assertion of such 
privilege prevents the plaintiff from establishing a prima 
facie case in support of the plaintiff’s claim, the court shall 
enter judgment for the plaintiff and shall determine the 
relief to be granted. 
(e) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—It shall be unlawful for any 
person employing a covered individual to commit an 
act prohibited by subsection (a). Any person vio-
lating this paragraph shall be fined under title 18, 
United States Code, imprisoned not more than 10 
years, or both. 
(2) REPORTING REQUIREMENT.—The Depart-
ment of Justice shall submit to Congress an annual 
report on the enforcement of paragraph (1). Each 
such report shall (A) identify each case in which for-
mal charges under paragraph (1) were brought, (B) 
describe the status or disposition of each such case, 
and (C) in any actions under subsection (b)(1)(B) in 
which the covered individual was the prevailing party
or the substantially prevailing party, indicate wheth-
er or not any formal charges under paragraph (1) 
have been brought and, if not, the reasons therefor. 
(f) RIGHTS RETAINED BY COVERED INDIVIDUAL.— 
Nothing in this section shall be deemed to diminish the 
rights, privileges, or remedies of any covered individual 
under any Federal or State law, or under any collective 
bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, 
or condition of employment. 
(g) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘covered individual’’ means an em-
ployee of— 
(A) the Department of Homeland Security 
(which, for purposes of this section, includes the 
Transportation Security Administration); 
(B) a Federal contractor or subcontractor; 
and 
(C) an employer within the meaning of sec-
tion 701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b)); 
(2) the term ‘‘lawful’’ means not specifically 
prohibited by law, except that, in the case of any in-
formation the disclosure of which is specifically pro-
hibited by law or specifically required by Executive
order to be kept secret in the interest of national de-
fense or the conduct of foreign affairs, any disclo-
sure of such information to any Member of Con-
gress, committee of Congress, or other recipient au-
thorized to receive such information, shall be deemed 
lawful; 
(3) the term ‘‘Federal contractor’’ means a per-
son who has entered into a contract with the De-
partment of Homeland Security; 
(4) the term ‘‘employee’’ means— 
(A) with respect to an employer referred to 
in paragraph (1)(A), an employee as defined by 
section 2105 of title 5, United States Code; and 
(B) with respect to an employer referred to 
in subparagraph (A) or (B) of paragraph (1), 
any officer, partner, employee, or agent; 
(5) the term ‘‘subcontractor’’— 
(A) means any person, other than the Fed-
eral contractor, who offers to furnish or fur-
nishes any supplies, materials, equipment, or 
services of any kind under a contract with the 
Department of Homeland Security or a sub-
contract entered into in connection with such a 
contract; and
(B) includes any person who offers to fur-
nish or furnishes general supplies to the Fed-
eral contractor or a higher tier subcontractor; 
and 
(6) the term ‘‘person’’ means a corporation, 
partnership, State entity, business association of any 
kind, trust, joint-stock company, or individual. 
(h) TERMS AND CONDITIONS.—A grant under this 
title shall be subject to terms and conditions of section 
5333 of title 49, United States Code. 
SEC. 207. DEFINITIONS. 
In this title, the following definitions apply: 
(1) PUBLIC
TRANSPORTATION
EMPLOYEES.— 
The term ‘‘public transportation employees’’ means 
security personnel, dispatchers, vehicle and vessel 
operators, other onboard employees, maintenance 
and support personnel, and other appropriate em-
ployees of owners, operators, and providers of public 
transportation systems. 
(2) PUBLIC TRANSPORTATION SYSTEMS.—The 
term ‘‘public transportation systems’’ means pas-
senger, commuter, and light rail, including subways, 
buses, commuter ferries, and other modes of public 
transit.
TITLE III—RAIL SECURITY 
SEC. 301. FREIGHT AND PASSENGER RAIL SECURITY UP-
GRADES. 
(a) SECURITY IMPROVEMENT GRANTS.—The Sec-
retary, in coordination with the Secretary of Transpor-
tation, is authorized to make grants to freight and pas-
senger railroad carriers, nonprofit employee organizations 
that represent rail workers, shippers of hazardous mate-
rials by rail, owners of rail cars used in the transportation 
of hazardous materials, manufacturers of rail tank cars, 
and State and local governments, for costs incurred in the 
conduct of activities to prevent or respond to acts of ter-
rorism or sabotage against railroads, or other railroad se-
curity threats, including— 
(1) perimeter protection systems, including ac-
cess control, installation of better lighting, fencing, 
and barricades at railroad facilities; 
(2) structural modification or replacement of 
rail cars transporting hazardous materials to im-
prove their resistance to acts of terrorism; 
(3) technologies for reduction of tank car vul-
nerability; 
(4) security improvements to passenger railroad 
stations, trains, and infrastructure; 
(5) tunnel protection systems;
(6) evacuation improvements; 
(7) inspection technologies, including verified 
visual inspection technologies using hand-held read-
ers and discs; 
(8) security and redundancy for critical commu-
nications, computer, and train control systems essen-
tial for secure railroad operations or to continue rail-
road operations after an attack impacting railroad 
operations; 
(9) train tracking and interoperable commu-
nications systems; 
(10) chemical, biological, radiological, or explo-
sive detection systems and devices; 
(11) surveillance equipment; 
(12) additional police and security officers, in-
cluding canine units; 
(13) accommodation of cargo or passenger 
screening equipment; 
(14) employee security awareness, prepared-
ness, and response training (including compliance 
with section 304); 
(15) public security awareness campaigns; 
(16) emergency response equipment, including 
fire suppression and decontamination equipment; 
and