H. R. 1—137 
(B) maximize the abilities of public transportation sys-
tems to mitigate damage resulting from terrorist attack 
or other major incident. 
(2) ASSESSMENTS AND CONSULTATIONS.—In developing the 
National Strategy for Public Transportation Security, the Sec-
retary shall— 
(A) use established and ongoing public transportation 
security assessments as the basis of the National Strategy 
for Public Transportation Security; and 
(B) consult with all relevant stakeholders, including 
public transportation agencies, nonprofit labor organiza-
tions representing public transportation employees, emer-
gency responders, public safety officials, and other relevant 
parties. 
(c) CONTENTS.—In the National Strategy for Public Transpor-
tation Security, the Secretary shall describe prioritized goals, objec-
tives, policies, actions, and schedules to improve the security of 
public transportation. 
(d) RESPONSIBILITIES.—The Secretary shall include in the 
National Strategy for Public Transportation Security a description 
of the roles, responsibilities, and authorities of Federal, State, and 
local agencies, tribal governments, and appropriate stakeholders. 
The plan shall also include— 
(1) the identification of, and a plan to address, gaps and 
unnecessary overlaps in the roles, responsibilities, and authori-
ties of Federal agencies; and 
(2) a process for coordinating existing or future security 
strategies and plans for public 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 Department of Transportation on Roles 
and Responsibilities dated September 28, 2004; and subsequent 
annexes and agreements. 
(e) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In devel-
oping the National Strategy for Public Transportation Security, 
the Secretary shall use relevant existing risk assessments and 
strategies 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 Homeland Security Presidential 
Directive–7. 
(f) FUNDING.—There is authorized to be appropriated to the 
Secretary to carry out this section $2,000,000 for fiscal year 2008. 
SEC. 1405. SECURITY ASSESSMENTS AND PLANS. 
(a) PUBLIC TRANSPORTATION SECURITY ASSESSMENTS.— 
(1) SUBMISSION.—Not later than 30 days after the date 
of enactment of this Act, the Administrator of the Federal 
Transit Administration of the Department of Transportation 
shall submit all public transportation security assessments and 
all other relevant information to the Secretary. 
(2) SECRETARIAL REVIEW.—Not later than 60 days after 
receiving the submission under paragraph (1), the Secretary 
shall review and augment the security assessments received, 
and conduct additional security assessments as necessary to 
ensure that at a minimum, all high risk public transportation
H. R. 1—138 
agencies, as determined by the Secretary, will have a completed 
security assessment. 
(3) CONTENT.—The Secretary shall ensure that each com-
pleted security assessment includes— 
(A) identification of critical assets, infrastructure, and 
systems and their vulnerabilities; and 
(B) identification of any other security weaknesses, 
including weaknesses in emergency response planning and 
employee training. 
(b) BUS AND RURAL PUBLIC TRANSPORTATION SYSTEMS.—Not 
later than 180 days after the date of enactment of this Act, the 
Secretary shall— 
(1) conduct security assessments, based on a representative 
sample, to determine the specific needs of— 
(A) local bus-only public transportation systems; and 
(B) public transportation systems that receive funds 
under section 5311 of title 49, United States Code; and 
(2) make the representative assessments available for use 
by similarly situated systems. 
(c) SECURITY PLANS.— 
(1) REQUIREMENT FOR PLAN.— 
(A) HIGH RISK AGENCIES.—The Secretary shall require 
public transportation agencies determined by the Secretary 
to be at high risk for terrorism to develop a comprehensive 
security plan. The Secretary shall provide technical assist-
ance and guidance to public transportation agencies in 
preparing and implementing security plans under this sec-
tion. 
(B) 
OTHER
AGENCIES.—Provided 
that 
no 
public 
transportation agency that has not been designated high 
risk shall be required to develop a security plan, the Sec-
retary may also establish a security program for public 
transportation agencies not designated high risk by the 
Secretary, to assist those public transportation agencies 
which request assistance, including— 
(i) guidance to assist such agencies in conducting 
security assessments and preparing and implementing 
security plans; and 
(ii) a process for the Secretary to review and 
approve such assessments and plans, as appropriate. 
(2) CONTENTS OF PLAN.—The Secretary shall ensure that 
security plans include, as appropriate— 
(A) a prioritized list of all items included in the public 
transportation agency’s security assessment that have not 
yet been addressed; 
(B) a detailed list of any additional capital and oper-
ational improvements identified by the Department or the 
public transportation agency and a certification of the 
public transportation agency’s technical capacity for oper-
ating and maintaining any security equipment that may 
be identified in such list; 
(C) specific procedures to be implemented or used by 
the public transportation agency in response to a terrorist 
attack, including evacuation and passenger communication 
plans and appropriate evacuation and communication 
measures for the elderly and individuals with disabilities;
H. R. 1—139 
(D) a coordinated response plan that establishes proce-
dures for appropriate interaction with State and local law 
enforcement agencies, emergency responders, and Federal 
officials in order to coordinate security measures and plans 
for response in the event of a terrorist attack or other 
major incident; 
(E) a strategy and timeline for conducting training 
under section 1408; 
(F) plans for providing redundant and other appro-
priate backup systems necessary to ensure the continued 
operation of critical elements of the public transportation 
system in the event of a terrorist attack or other major 
incident; 
(G) plans for providing service capabilities throughout 
the system in the event of a terrorist attack or other 
major incident in the city or region which the public 
transportation system serves; 
(H) methods to mitigate damage within a public 
transportation system in case of an attack on the system, 
including a plan for communication and coordination with 
emergency responders; and 
(I) other actions or procedures as the Secretary deter-
mines are appropriate to address the security of the public 
transportation system. 
(3) REVIEW.—Not later than 6 months after receiving the 
plans required under this section, the Secretary shall— 
(A) review each security plan submitted; 
(B) require the public transportation agency to make 
any amendments needed to ensure that the plan meets 
the requirements of this section; and 
(C) approve any security plan that meets the require-
ments of this section. 
(4) EXEMPTION.—The Secretary shall not require a public 
transportation agency to develop a security plan under para-
graph (1) if the agency does not receive a grant under section 
1406. 
(5) WAIVER.—The Secretary may waive the exemption pro-
vided in paragraph (4) to require a public transportation agency 
to develop a security plan under paragraph (1) in the absence 
of grant funds under section 1406 if not less than 3 days 
after making the determination the Secretary provides the 
appropriate congressional committees and the public transpor-
tation agency written notification detailing the need for the 
security plan, the reasons grant funding has not been made 
available, and the reason the agency has been designated high 
risk. 
(d) CONSISTENCY WITH OTHER PLANS.—The Secretary shall 
ensure that the security plans developed by public transportation 
agencies under this section are consistent with the security assess-
ments developed by the Department and the National Strategy 
for Public Transportation Security developed under section 1404. 
(e) UPDATES.—Not later than September 30, 2008, and annually 
thereafter, the Secretary shall— 
(1) update the security assessments referred to in sub-
section (a); 
(2) update the security improvement priorities required 
under subsection (f); and
H. R. 1—140 
(3) require public transportation agencies to update the 
security plans required under subsection (c) as appropriate. 
(f) SECURITY IMPROVEMENT PRIORITIES.— 
(1) IN GENERAL.—Beginning in fiscal year 2008 and each 
fiscal year thereafter, the Secretary, after consultation with 
management and nonprofit employee labor organizations rep-
resenting public transportation employees as appropriate, and 
with appropriate State and local officials, shall utilize the 
information developed or received in this section to establish 
security improvement priorities unique to each individual public 
transportation agency that has been assessed. 
(2) ALLOCATIONS.—The Secretary shall use the security 
improvement priorities established in paragraph (1) as the basis 
for allocating risk-based grant funds under section 1406, unless 
the Secretary notifies the appropriate congressional committees 
that the Secretary has determined an adjustment is necessary 
to respond to an urgent threat or other significant national 
security factors. 
(g) SHARED FACILITIES.—The Secretary shall encourage the 
development and implementation of coordinated assessments and 
security plans to the extent a public transportation agency shares 
facilities (such as tunnels, bridges, stations, or platforms) with 
another public transportation agency, a freight or passenger railroad 
carrier, or over-the-road bus operator that are geographically close 
or otherwise co-located. 
(h) 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 
any authority or obligation of a Federal agency to disclose 
any record or information that the Federal agency obtains 
from a public transportation agency under any other Federal 
law. 
(i) DETERMINATION.—In response to a petition by a public 
transportation agency or at the discretion of the Secretary, the 
Secretary may recognize existing procedures, protocols, and stand-
ards of a public transportation agency that the Secretary determines 
meet all or part of the requirements of this section regarding 
security assessments or security plans. 
SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE. 
(a) SECURITY ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish a program 
for making grants to eligible public transportation agencies 
for security improvements described in subsection (b). 
(2) ELIGIBILITY.—A public transportation agency is eligible 
for a grant under this section if the Secretary has performed 
a security assessment or the agency has developed a security 
plan under section 1405. Grant funds shall only be awarded 
for permissible uses under subsection (b) to— 
(A) address items included in a security assessment; 
or 
(B) further a security plan. 
(b) USES OF FUNDS.—A recipient of a grant under subsection 
(a) shall use the grant funds for one or more of the following:
H. R. 1—141 
(1) Capital uses of funds, including— 
(A) tunnel protection systems; 
(B) perimeter protection systems, including access con-
trol, installation of improved lighting, fencing, and barri-
cades; 
(C) redundant critical operations control systems; 
(D) chemical, biological, radiological, or explosive detec-
tion systems, including the acquisition of canines used 
for such detection; 
(E) surveillance equipment; 
(F) communications equipment, including mobile 
service equipment to provide access to wireless Enhanced 
911 (E911) emergency services in an underground fixed 
guideway system; 
(G) emergency response equipment, including personal 
protective equipment; 
(H) fire suppression and decontamination equipment; 
(I) global positioning or tracking and recovery equip-
ment, and other automated-vehicle-locator-type system 
equipment; 
(J) evacuation improvements; 
(K) purchase and placement of bomb-resistant trash 
cans throughout public transportation facilities, including 
subway exits, entrances, and tunnels; 
(L) capital costs associated with security awareness, 
security preparedness, and security response training, 
including training under section 1408 and exercises under 
section 1407; 
(M) security improvements for public transportation 
systems, including extensions thereto, in final design or 
under construction; 
(N) security improvements for stations and other public 
transportation infrastructure, including stations and other 
public transportation infrastructure owned by State or local 
governments; and 
(O) other capital security improvements determined 
appropriate by the Secretary. 
(2) Operating uses of funds, including— 
(A) security training, including training under section 
1408 and training developed by institutions of higher edu-
cation and by nonprofit employee labor organizations, for 
public 
transportation 
employees, 
including 
frontline 
employees; 
(B) live or simulated exercises under section 1407; 
(C) public awareness campaigns for enhanced public 
transportation security; 
(D) canine patrols for chemical, radiological, biological, 
or explosives detection; 
(E) development of security plans under section 1405; 
(F) overtime reimbursement including reimbursement 
of State, local, and tribal governments, for costs for 
enhanced security personnel during significant national 
and international public events; 
(G) operational costs, including reimbursement of 
State, local, and tribal governments for costs for personnel 
assigned 
to 
full-time 
or 
part-time 
security 
or 
counterterrorism duties related to public transportation,
H. R. 1—142 
provided that this expense totals no more than 10 percent 
of the total grant funds received by a public transportation 
agency in any 1 year; and 
(H) other operational security costs determined appro-
priate by the Secretary, excluding routine, ongoing per-
sonnel costs, other than those set forth in this section. 
(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 
under this section, including application requirements; 
(2) pursuant to subsection (a)(2), select the recipients of 
grants based solely on risk; and 
(3) pursuant to subsection (b), establish the priorities for 
which grant funds may be used under this section. 
(d) DISTRIBUTION OF GRANTS.—Not later than 90 days after 
the date of enactment of this Act, the Secretary and the Secretary 
of Transportation shall determine the most effective and efficient 
way to distribute grant funds to the recipients of grants determined 
by the Secretary under subsection (a). Subject to the determination 
made by the Secretaries, the Secretary may transfer funds to the 
Secretary of Transportation for the purposes of disbursing funds 
to the grant recipient. 
(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 section 5307 of title 49, United 
States Code, as in effect on January 1, 2007, and such other 
terms and conditions as are determined necessary by the Secretary. 
(f) LIMITATION ON USES OF FUNDS.—Grants made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal 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 recipients of 
grants, the Secretary shall issue guidelines to ensure that, to the 
extent that recipients of grants under this section use contractors 
or subcontractors, such recipients shall use small, minority, women- 
owned, or disadvantaged business concerns as contractors or sub-
contractors to the extent practicable. 
(i) COORDINATION WITH STATE HOMELAND SECURITY PLANS.— 
In establishing security improvement priorities under section 1405 
and in awarding grants for capital security improvements and oper-
ational security improvements under subsection (b), the Secretary 
shall act consistently with relevant State homeland security plans. 
(j) MULTISTATE TRANSPORTATION SYSTEMS.—In cases in which 
a public transportation system operates in more than one State, 
the Secretary shall give appropriate consideration to the risks of 
the entire system, including those portions of the States into which 
the system crosses, in establishing security improvement priorities 
under section 1405 and in awarding grants for capital security 
improvements and operational security improvements under sub-
section (b). 
(k) CONGRESSIONAL NOTIFICATION.—Not later than 3 days 
before the award of any grant under this section, the Secretary
H. R. 1—143 
shall notify simultaneously, the appropriate congressional commit-
tees of the intent to award such grant. 
(l) RETURN OF MISSPENT GRANT FUNDS.—The Secretary shall 
establish a process to require the return of any misspent grant 
funds received under this section determined to have been spent 
for a purpose other than those specified in the grant award. 
(m) AUTHORIZATION OF APPROPRIATIONS.— 
(1) There are authorized to be appropriated to the Secretary 
to make grants under this section— 
(A) such sums as are necessary for fiscal year 2007; 
(B) $650,000,000 for fiscal year 2008, except that not 
more than 50 percent of such funds may be used for oper-
ational costs under subsection (b)(2); 
(C) $750,000,000 for fiscal year 2009, except that not 
more than 30 percent of such funds may be used for oper-
ational costs under subsection (b)(2); 
(D) $900,000,000 for fiscal year 2010, except that not 
more than 20 percent of such funds may be used for oper-
ational costs under subsection (b)(2); and 
(E) $1,100,000,000 for fiscal year 2011, except that 
not more than 10 percent of such funds may be used 
for operational costs under subsection (b)(2). 
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 
out this section shall remain available until expended. 
(3) WAIVER.—The Secretary may waive the limitation on 
operational costs specified in subparagraphs (B) through (E) 
of paragraph (1) if the Secretary determines that such a waiver 
is required in the interest of national security, and if the 
Secretary provides a written justification to the appropriate 
congressional committees prior to any such action. 
(4) EFFECTIVE DATE.—Funds provided for fiscal year 2007 
transit security grants under Public Law 110–28 shall be allo-
cated based on security assessments that are in existence as 
of the date of enactment of this Act. 
SEC. 1407. SECURITY EXERCISES. 
(a) IN GENERAL.—The Secretary shall establish a program for 
conducting security exercises for public transportation agencies for 
the purpose of assessing and improving the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate against, 
respond to, and recover from acts of terrorism. 
(b) COVERED ENTITIES.—Entities to be assessed under the pro-
gram shall include— 
(1) Federal, State, and local agencies and tribal govern-
ments; 
(2) public transportation agencies; 
(3) 
governmental 
and 
nongovernmental 
emergency 
response providers and law enforcement personnel, including 
transit police; and 
(4) any other organization or entity that the Secretary 
determines appropriate. 
(c) REQUIREMENTS.—The Secretary shall ensure that the pro-
gram— 
(1) requires, for public transportation agencies which the 
Secretary deems appropriate, exercises to be conducted that 
are—
H. R. 1—144 
(A) scaled and tailored to the needs of specific public 
transportation systems, and include taking into account 
the needs of the elderly and individuals with disabilities; 
(B) live; 
(C) coordinated with appropriate officials; 
(D) as realistic as practicable and based on current 
risk 
assessments, 
including 
credible 
threats, 
vulnerabilities, and consequences; 
(E) inclusive, as appropriate, of frontline employees 
and managers; and 
(F) consistent with the National Incident Management 
System, the National Response Plan, the National Infra-
structure Protection Plan, the National Preparedness Guid-
ance, the National Preparedness Goal, and other such 
national initiatives; 
(2) provides that exercises described in paragraph (1) will 
be— 
(A) evaluated by the Secretary against clear and con-
sistent performance measures; 
(B) assessed by the Secretary to learn best practices, 
which shall be shared with appropriate Federal, State, 
local, and tribal officials, governmental and nongovern-
mental emergency response providers, law enforcement per-
sonnel, including railroad and transit police, and appro-
priate stakeholders; and 
(C) followed by remedial action by covered entities 
in response to lessons learned; 
(3) involves individuals in neighborhoods around the infra-
structure of a public transportation system; and 
(4) assists State, local, and tribal governments and public 
transportation agencies in designing, implementing, and evalu-
ating exercises that conform to the requirements of paragraph 
(2). 
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure 
that the exercise program developed under subsection (a) is a compo-
nent of the National Exercise Program established under section 
648 of the Post Katrina Emergency Management Reform Act (Public 
Law 109–295; 6 U.S.C. 748). 
(e) FERRY SYSTEM EXEMPTION.—This section does not apply 
to any ferry system for which drills are required to be conducted 
pursuant to section 70103 of title 46, United States Code. 
SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary shall develop and issue detailed 
interim final regulations, and not later than 1 year after the date 
of enactment of this Act, the Secretary shall develop and issue 
detailed final regulations, for a public transportation security 
training program to prepare public transportation employees, 
including frontline employees, for potential security threats and 
conditions. 
(b) CONSULTATION.—The Secretary shall develop the interim 
final and final regulations under subsection (a) in consultation 
with— 
(1) appropriate law enforcement, fire service, security, and 
terrorism experts; 
(2) representatives of public transportation agencies; and
H. R. 1—145 
(3) nonprofit employee labor organizations representing 
public transportation employees or emergency response per-
sonnel. 
(c) PROGRAM ELEMENTS.—The interim final and final regula-
tions developed under subsection (a) shall require security training 
programs to include, at a minimum, elements to address the fol-
lowing: 
(1) Determination of the seriousness of any occurrence or 
threat. 
(2) Crew and passenger communication and coordination. 
(3) Appropriate responses to defend oneself, including using 
nonlethal defense devices. 
(4) Use of personal protective devices and other protective 
equipment. 
(5) Evacuation procedures for passengers and employees, 
including individuals with disabilities and the elderly. 
(6) Training related to behavioral and psychological under-
standing of, and responses to, terrorist incidents, including 
the ability to cope with hijacker behavior, and passenger 
responses. 
(7) Live situational training exercises regarding various 
threat conditions, including tunnel evacuation procedures. 
(8) Recognition and reporting of dangerous substances and 
suspicious packages, persons, and situations. 
(9) Understanding security incident procedures, including 
procedures for communicating with governmental and non-
governmental emergency response providers and for on scene 
interaction with such emergency response providers. 
(10) Operation and maintenance of security equipment and 
systems. 
(11) Other security training activities that the Secretary 
deems appropriate. 
(d) REQUIRED PROGRAMS.— 
(1) DEVELOPMENT
AND
SUBMISSION
TO
SECRETARY.—Not 
later than 90 days after a public transportation agency meets 
the requirements under subsection (e), each such public 
transportation agency shall develop a security training program 
in accordance with the regulations developed under subsection 
(a) and submit the program to the Secretary for approval. 
(2) APPROVAL.—Not later than 60 days after receiving a 
security training program proposal under this subsection, the 
Secretary shall approve the program or require the public 
transportation agency that developed the program to make 
any revisions to the program that the Secretary determines 
necessary for the program to meet the requirements of the 
regulations. A public transportation agency shall respond to 
the Secretary’s comments within 30 days after receiving them. 
(3) TRAINING.—Not later than 1 year after the Secretary 
approves a security training program proposal in accordance 
with this subsection, the public transportation agency that 
developed the program shall complete the training of all 
employees covered under the program. 
(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.— 
The Secretary shall periodically review and update, as appro-
priate, the training regulations issued under subsection (a) 
to reflect new or changing security threats. Each public