168 
10 percent of the total amount of the covered 
grant; 
‘‘(3) to acquire land; or 
‘‘(4) for any State or local government cost 
sharing contribution. 
‘‘(c) PERSONNEL COSTS.—A State and local govern-
ment may use a covered grant to pay costs of personnel 
dedicated exclusively to counterterrorism and intelligence 
activities (including detection of, collection and analysis of 
intelligence relating to, investigation of, prevention of, and 
interdiction of suspected terrorist activities), if the hiring 
of such personnel is consistent with an applicable State 
homeland security plan.’’ 
‘‘(d) MULTIPLE-PURPOSE FUNDS.—Nothing in this 
section shall be construed to preclude State and local gov-
ernments from using covered grant funds in a manner 
that also enhances first responder preparedness for emer-
gencies and disasters unrelated to acts of terrorism, if 
such use assists such governments in achieving essential 
capabilities for terrorism preparedness established by the 
Secretary. 
‘‘(e) REIMBURSEMENT OF COSTS.—(1) In addition to 
the activities described in subsection (a), a covered grant 
may be used to provide a reasonable stipend to paid-on- 
call or volunteer first responders who are not otherwise 
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169 
compensated for travel to or participation in training cov-
ered by this section. Any such reimbursement shall not 
be considered compensation for purposes of rendering 
such a first responder an employee under the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.). 
‘‘(2) An applicant for a covered grant may petition 
the Secretary for the reimbursement of the cost of any 
activity relating to prevention (including detection) of, pre-
paredness for, response to, or recovery from acts of ter-
rorism that is a Federal duty and usually performed by 
a Federal agency, and that is being performed by a State 
or local government (or both) under agreement with a 
Federal agency. 
‘‘(f) ASSISTANCE
REQUIREMENT.—The Secretary 
may not require that equipment paid for, wholly or in part, 
with funds provided as a covered grant be made available 
for responding to emergencies in surrounding States, re-
gions, and localities, unless the Secretary undertakes to 
pay the costs directly attributable to transporting and op-
erating such equipment during such response. 
‘‘(g) COST SHARING.— 
‘‘(1) IN GENERAL.—The Federal share of the 
costs of an activity carried out with a covered grant 
to a State, region, or directly eligible tribe awarded 
after the 2-year period beginning on the date of the 
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170 
enactment of this section shall not exceed 75 per-
cent. 
‘‘(2) INTERIM RULE.—The Federal share of the 
costs of an activity carried out with a covered grant 
awarded before the end of the 2-year period begin-
ning on the date of the enactment of this section 
shall be 100 percent. 
‘‘(3) IN-KIND MATCHING.—Each recipient of a 
covered grant may meet the matching requirement 
under subparagraph (A) by making in-kind contribu-
tions of goods or services that are directly linked 
with the purpose for which the grant is made, as de-
termined by the Secretary, including any necessary 
personnel overtime, contractor services, administra-
tive costs, equipment fuel and maintenance, and 
rental space’’. 
(b) DEFINITION OF EMERGENCY RESPONSE PRO-
VIDERS.—Paragraph (6) of section 2 of the Homeland Se-
curity Act of 2002 (Public Law 107–296; 6 U.S.C. 
101(6)) is amended by striking ‘‘includes’’ and all that 
follows and inserting ‘‘includes Federal, State, and local 
governmental and nongovernmental emergency public 
safety, law enforcement, fire, emergency response, emer-
gency medical (including hospital emergency facilities), 
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and related personnel, organizations, agencies, and au-
thorities.’’. 
(c) SUPERSEDED PROVISION.—This section super-
sedes section 1014(c)(3) of Public Law 107–56. 
SEC. 802. AUTHORIZATION OF APPROPRIATIONS. 
Of the amount authorized to be appropriated under 
section 101 for fiscal year 2007, $2,900,000,000 is for 
making covered grants (as that term is defined in section 
2001 of the Homeland Security Act of 2002, as added 
by section 801 for that fiscal year. 
TITLE IX—TRANSPORTATION 
SECURITY 
Subtitle A—Rail and Public 
Transportation Security 
SEC. 901. TRANSPORTATION SECURITY. 
(a) IN GENERAL.—Title IV of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 201 et seq.) is amended by 
adding at the end the following new subtitle: 
‘‘Subtitle G—Transportation 
Security 
‘‘SEC. 481. RAIL AND PUBLIC TRANSPORTATION VULNER-
ABILITY 
ASSESSMENTS 
AND 
SECURITY 
PLANS. 
‘‘(a) IN GENERAL.— 
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‘‘(1) REQUIREMENT.—Not later than 1 year 
after the date of enactment of this subtitle, the Sec-
retary, acting through the Transportation Security 
Administration, shall promulgate regulations that— 
‘‘(A) establish standards, protocols, and 
procedures for vulnerability assessments and se-
curity plans for rail and public transportation 
systems; 
‘‘(B) require a designated rail or public 
transportation system owner or operator (as 
designated under subsection (b)) to— 
‘‘(i) conduct an assessment of the vul-
nerability of the rail or public transpor-
tation system to an act of terrorism; and 
‘‘(ii) prepare and implement a security 
plan that addresses the vulnerabilities 
identified in the vulnerability assessment; 
and 
‘‘(C) set deadlines of no later than 2 years 
after the promulgation of the regulations for 
the completion of vulnerability assessments and 
security plans. 
‘‘(2) CONSULTATION.—In promulgating the 
regulations under paragraph (1) the Secretary shall 
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