SEC. 203. OVER-THE-ROAD BUS DEFINED. 
In this title, the term ‘‘over-the-road bus’’ means a 
bus characterized by an elevated passenger deck located 
over a baggage compartment. 
SEC. 204. BUS SECURITY ASSESSMENT. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Transpor-
tation shall transmit to the Committee on Transportation 
and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation 
of the Senate a preliminary report in accordance with the 
requirements of this section. 
(b) CONTENTS OF PRELIMINARY REPORT.—The pre-
liminary report shall include— 
(1) an assessment of the over-the-road bus se-
curity grant program; 
(2) an assessment of actions already taken to 
address identified security issues by both public and 
private entities and recommendations on whether ad-
ditional safety and security enforcement actions are 
needed; 
(3) an assessment of whether additional legisla-
tion is needed to provide for the security of Ameri-
cans traveling on over-the-road buses; 
(4) an assessment of the economic impact that 
security upgrades of buses and bus facilities may 
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have on the over-the-road bus transportation indus-
try and its employees; 
(5) an assessment of ongoing research and the 
need for additional research on over-the-road bus se-
curity, including engine shut-off mechanisms, chem-
ical and biological weapon detection technology, and 
the feasibility of compartmentalization of the driver; 
(6) an assessment of industry best practices to 
enhance security; and 
(7) an assessment of the total costs of needed 
improvements to substantially improve the security 
of the Nation’s over-the-road bus industry and a rec-
ommended funding level for carrying out this title 
based on that assessment for each of fiscal years 
2008 through 2010. 
(c) CONSULTATION WITH INDUSTRY, LABOR, AND 
OTHER GROUPS.—In carrying out this section, the Sec-
retary shall consult with over-the-road bus management 
and labor representatives, public safety and law enforce-
ment officials, and the National Academy of Sciences. 
SEC. 205. FUNDING. 
(a) IN GENERAL.—Subject to subsection (b), there 
is authorized to be appropriated to the Secretary of Trans-
portation such sums as may be necessary to carry out this 
title for each of fiscal years 2008 through 2010. 
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(b) EFFECT
OF RECOMMENDED FUNDING LEV-
ELS.—Amounts appropriated for a fiscal year to carry out 
this title may not exceed the recommended funding level 
established by the Secretary for that fiscal year under sec-
tion 204(b)(7) . 
(c) PERIOD
OF AVAILABILITY.—Amounts appro-
priated pursuant to this section shall remain available 
until expended. 
TITLE III—RAIL SECURITY 
SEC. 301. RAILROAD TRANSPORTATION SECURITY PLAN. 
(a) REQUIREMENT.— 
(1) IN GENERAL.—The Secretary of Transpor-
tation, in consultation with the Under Secretary of 
Homeland Security for Border and Transportation 
Security, shall develop a plan for the security of the 
Nation’s railroads. The plan shall include— 
(A) identification and evaluation of critical 
railroad assets and infrastructures; 
(B) identification of threats to those assets 
and infrastructures; 
(C) identification of vulnerabilities that are 
specific to the transportation of hazardous ma-
terials via railroad; 
(D) identification of redundant and backup 
systems required to ensure the continued oper-
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ation of critical elements of the railroad system 
in the event of an attack or other incident, in-
cluding disruption of commercial electric power 
or communications networks; 
(E) identification of security weaknesses in 
passenger and cargo security, transportation in-
frastructure, protection systems, procedural 
policies, communications systems, employee 
training, emergency response planning, and any 
other area identified by the plan; 
(F) a plan for the Federal Government to 
provide increased security support at high or 
severe threat levels of alert, developed in con-
sultation with the freight and intercity pas-
senger railroads and State and local govern-
ments; 
(G) procedures for establishing and main-
taining permanent and comprehensive consult-
ative relations among the parties described in 
subsection (b); and 
(H) a contingency plan, developed in con-
junction with freight and intercity and com-
muter passenger railroads, to ensure the contin-
ued movement of freight and passengers in the 
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event of an attack affecting the railroad system, 
which shall contemplate— 
(i) the possibility of rerouting traffic 
due to the loss of critical infrastructure, 
such as a bridge, tunnel, yard, or station; 
and 
(ii) methods of continuing railroad 
service in the Northeast Corridor in the 
event of a commercial power loss, or catas-
trophe affecting a critical bridge, tunnel, 
yard, or station. 
(2) EXISTING
PRIVATE
AND
PUBLIC
SECTOR 
EFFORTS.—The plan shall take into account actions 
taken or planned by both public and private entities 
to address identified security issues and assess the 
effective integration of such actions. 
(3) RECOMMENDATIONS.—The Secretary of 
Transportation 
shall 
develop 
and 
implement 
prioritized recommendations for improving railroad 
security, including recommendations for— 
(A) improving the security of rail tunnels, 
rail bridges, rail switching and car storage 
areas, other rail infrastructure and facilities, in-
formation systems, and other areas identified 
by the Secretary as posing significant railroad- 
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related risks to public safety and the movement 
of interstate commerce, taking into account the 
impact that any proposed security measure 
might have on the provision of railroad service; 
(B) deploying equipment to detect explo-
sives and hazardous chemical, biological, and 
radioactive substances, and any appropriate 
countermeasures; 
(C) installing redundant and backup sys-
tems to ensure the continued operation of crit-
ical elements of the railroad system in the event 
of an attack or other incident, including disrup-
tion of commercial electric power or commu-
nications networks; 
(D) conducting public outreach campaigns 
on passenger railroads; 
(E) deploying surveillance equipment; and 
(F) identifying the immediate and long- 
term costs of measures that may be required to 
address those risks. 
(b) CONSULTATION.—In developing the plan under 
subsection (a), the Secretary of Transportation shall con-
sult with rail management, rail labor, owners or lessors 
of rail cars used to transport hazardous materials, first 
responders, shippers of hazardous materials, State De-
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partments of Transportation, public safety officials (in-
cluding those within agencies and offices of the Depart-
ment of Homeland Security), and other relevant parties. 
(c) REPORT.— 
(1) CONTENTS.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of 
Transportation shall transmit to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Transportation and Infra-
structure of the House of Representatives a report 
containing the plan and prioritized recommendations 
required by subsection (a), along with recommended 
funding levels for each of fiscal years 2008 through 
2010 for carrying out the implementation plan and 
such recommendations. 
(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. 
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
Transportation such sums as may be necessary for fiscal 
years 2008 through 2010 for the purpose of carrying out 
this section. Amounts appropriated for a fiscal year to 
carry out this section may not exceed the recommended 
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funding level for such fiscal year established by the Sec-
retary under subsection (c)(1). Amounts appropriated 
pursuant to this subsection shall remain available until ex-
pended. 
SEC. 302. SILENCE MEANS SECURITY. 
(a) DEFINITIONS.—For the purposes of this sec-
tion— 
(1) the term ‘‘cargo information’’ means infor-
mation regarding— 
(A) the contents of a rail car or container 
containing hazardous material, except for infor-
mation contained on a placard placed on a rail 
car; 
(B) the routes of such hazardous material, 
including ports of embarkation and disembarka-
tion and locations of acceptance and delivery by 
shippers; or 
(C) security threats or incidents occurring 
en route; 
(2) the term ‘‘covered individual’’ means an em-
ployee of— 
(A) a rail carrier; 
(B) a rail shipper; or 
(C) a railroad contractor or railroad labor 
organization; and 
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(3) the term ‘‘security vulnerability’’ means the 
existence of a condition, practice, or procedure which 
may constitute a threat to national or homeland se-
curity. 
(b) PROHIBITION.—Except as provided in subsection 
(c), no covered individual shall reveal a security vulner-
ability, cargo information, security plan, or security train-
ing program to any other person. 
(c) REPORTING OF A SECURITY VULNERABILITY OR 
CARGO INFORMATION.—A covered individual may lawfully 
reveal or report a security vulnerability, cargo information, 
security plan, or security training program to— 
(1) an employee of a railroad, or an agent act-
ing on behalf of a railroad; 
(2) a railroad police officer or any other Fed-
eral, State, or local law enforcement or public safety 
official; 
(3) a representative of the covered individual’s 
labor organization; 
(4) a representative of a railroad industry orga-
nization, including the Association of American Rail-
roads, the American Public Transportation Associa-
tion, the American Short Line and Regional Rail-
road Association, and the Railway Supply Institute; 
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(5) a representative of the Department of 
Transportation or Department of Homeland Secu-
rity, or any agency thereof; or 
(6) a rail shipper, consignee, rail equipment 
owner, lessor or lessee, or person handling or proc-
essing cargo information on behalf of a railroad, 
shipper, or consignee. 
(d) CIVIL PENALTIES.—Any person who violates this 
section shall be subject to a civil penalty assessed by the 
Secretary of Transportation in an amount not to exceed 
$5,000 per violation. 
SEC. 303. MISCELLANEOUS TECHNICAL AND CONFORMING 
PROVISIONS. 
(a) RAIL POLICE OFFICERS.—Section 28101 of title 
49, United States Code, is amended by striking ‘‘the rail 
carrier’’ each place it appears and inserting ‘‘any rail car-
rier’’. 
(b) REVIEW OF RAIL REGULATIONS.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary of Transportation, in consultation with the Under 
Secretary of Homeland Security for Border and Transpor-
tation Security, shall review existing rail regulations of the 
Department of Transportation for the purpose of identi-
fying areas in which those regulations need to be revised 
to improve railroad security. 
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(c) RAILROAD SECURITY.—Section 20101 of title 49, 
United States Code, is amended by striking ‘‘safety’’ and 
inserting ‘‘safety, including security,’’. 
(d) RAIL SAFETY REGULATIONS.—Section 20103(a) 
of title 49, United States Code, is amended by striking 
‘‘safety’’ the first place it appears, and inserting ‘‘safety, 
including security,’’. 
(e) CERTAIN PERSONNEL LIMITATIONS NOT TO 
APPLY.—Any statutory limitation on the number of em-
ployees in the Transportation Security Administration of 
the Department of Transportation, before or after its 
transfer to the Department of Homeland Security, does 
not apply to the extent that any such employees are re-
sponsible for implementing the provisions of this title. 
SEC. 304. DEFINITION. 
For purposes of this title, the term ‘‘railroad’’ has 
the meaning given that term in section 20102 of title 49, 
United States Code. 
Æ 
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