173 
consult with the Department of Transportation and 
other appropriate Federal agencies. 
‘‘(b) DESIGNATED RAIL
OR PUBLIC TRANSPOR-
TATION SYSTEM.—For the purposes of this subtitle, the 
term ‘designated rail or public transportation system’ 
means— 
‘‘(1) a heavy rail, light rail, commuter rail, or 
other freight or passenger rail system, including 
Federal and government sponsored entities; 
‘‘(2) a ferry system; or 
‘‘(3) an intracity or intercity bus system. 
‘‘(c) VULNERABILITY ASSESSMENTS.— 
‘‘(1) REQUIREMENTS.—For a rail or public 
transportation system designated under subsection 
(b), the Secretary shall provide assistance and guid-
ance in conducting vulnerability assessments and 
shall require that the vulnerability assessments in-
clude at a minimum— 
‘‘(A) identification and evaluation of crit-
ical infrastructure and assets, including subway 
platforms, rail, bus, and ferry terminals, rail 
tunnels, rail bridges, rail switching and storage 
areas, and information systems; and 
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174 
‘‘(B) identification of vulnerabilities to the 
infrastructure and assets identified under sub-
paragraph (A) in— 
‘‘(i) physical security; 
‘‘(ii) passenger and commuter secu-
rity; 
‘‘(iii) programmable electronic devices, 
computers, computer or communications 
networks, or other automated systems 
which are used by the rail or public trans-
portation system; 
‘‘(iv) alarms, cameras and other pro-
tection systems; 
‘‘(v) communications systems; 
‘‘(vi) utilities; 
‘‘(vii) contingency response; and 
‘‘(viii) other areas as determined by 
the Secretary. 
‘‘(2) THREAT INFORMATION.— 
‘‘(A) The vulnerability assessments under 
paragraph (1) shall incorporate any threat in-
formation as provided by the Secretary, and 
any other threat information relevant to the 
vulnerability of the rail or public transportation 
system. 
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175 
‘‘(B) The Secretary shall provide in a time-
ly manner, to the maximum extent practicable 
under applicable authority and in the interests 
of national security, to the rail or public trans-
portation system subject to the requirements in 
paragraph (1), threat information that is rel-
evant to that rail or public transportation sys-
tem, including an assessment of the most likely 
method that could be used by terrorists to ex-
ploit vulnerabilities, and their likelihood of suc-
cess. 
‘‘(d) SECURITY PLANS.— 
‘‘(1) REQUIREMENTS.—For a rail or public 
transportation system designated under subsection 
(b), the Secretary shall provide assistance and guid-
ance in preparing and implementing security plans 
and shall require that the security plan include at a 
minimum— 
‘‘(A) security measures to address the 
vulnerabilities identified in the vulnerability as-
sessment required under subsection (c); 
‘‘(B) plans for periodic drills and exercises 
that include participation by local law enforce-
ment agencies and first responders as appro-
priate; 
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176 
‘‘(C) equipment, plans, and procedures to 
be implemented or used by the rail or public 
transportation system in response to a terrorist 
attack, including evacuation and passenger 
communication plans; 
‘‘(D) identification of steps taken with 
State and local law enforcement agencies, first 
responders, and Federal officials to coordinate 
security measures and plans for response to a 
terrorist attack; 
‘‘(E) a description of training and exer-
cises for employees of a rail or public transpor-
tation system, which includes, as appropriate, a 
strategy or timeline for training; 
‘‘(F) enhanced security measures to be 
taken when the Secretary declares a period of 
heightened security risk; and 
‘‘(G) other actions or procedures the Sec-
retary determines are appropriate to address 
the vulnerability of a rail or public transpor-
tation system to a terrorist attack. 
‘‘(2) CONSISTENCY WITH OTHER PLANS.—Secu-
rity plans shall be consistent with the requirements 
of the National Infrastructure Protection Plan (in-
cluding any Transportation Sector Specific Plan) 
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177 
and the National Strategy for Transportation Secu-
rity. 
‘‘(e) EXISTING
PROCEDURES, PROTOCOLS, 
AND 
STANDARDS.— 
‘‘(1) DETERMINATION.—In response to a peti-
tion by a person, or at the discretion of the Sec-
retary, the Secretary may endorse or recognize exist-
ing procedures, protocols, and standards that the 
Secretary determines to meet all or part of the re-
quirements of this subtitle regarding vulnerability 
assessments and security plans. 
‘‘(2) REQUIREMENTS.—Upon review and writ-
ten determination by the Secretary that existing pro-
cedures, protocols, or standards for a rail or public 
transportation system satisfy some or all of the re-
quirements of this subtitle, any rail or public trans-
portation system may elect to comply with those pro-
cedures, protocols, or standards. 
‘‘(3) PARTIAL
APPROVAL.—If the Secretary 
finds that the existing procedures, protocols, and 
standards satisfy only part of the requirements of 
this subtitle, he may accept those submissions, but 
shall require submission of any additional informa-
tion relevant to vulnerability assessments and secu-
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178 
rity plans to ensure that the requirements of this 
subtitle are fulfilled. 
‘‘(4) NOTIFICATION.—If the Secretary does not 
endorse or recognize particular procedures, proto-
cols, and standards, the Secretary shall provide to 
each person that submitted a petition under para-
graph (1) a written notification that includes an ex-
planation of the reasons why the endorsement or 
recognition was not made. 
‘‘(f) CO-LOCATED FACILITIES.—The Secretary shall 
permit the development and implementation of coordi-
nated vulnerability assessments and security plans, at the 
discretion of a rail or public transportation system owner 
or operator, to the extent two or more rail or public trans-
portation systems have shared facilities, such as tunnels, 
bridges, or stations, or facilities that are geographically 
close or otherwise co-located. 
‘‘(g) 
ENFORCEMENT.—Regulations 
promulgated 
under this section may be enforced by the Secretary 
through penalties authorized under section 114(u) of title 
49, United States Code. 
‘‘SEC. 482. NATIONAL RAIL AND PUBLIC TRANSPORTATION 
SECURITY PLAN. 
‘‘(a) IN GENERAL.—The Secretary shall develop and 
implement, and update as appropriate, a supplement to 
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179 
the National Strategy for Transportation Security re-
quired under section 114(t) of title 49, United States Code 
to be entitled the ‘National Rail and Public Transpor-
tation Security Plan’. 
‘‘(b) INCLUDED ELEMENTS.—The supplement re-
quired under subsection (a) shall— 
‘‘(1) include a description of the roles, respon-
sibilities, and authorities of Federal, State, and local 
agencies, designated Federal and government spon-
sored entities, tribal governments, and appropriate 
rail and public transportation stakeholders, including 
nonprofit employee organizations that represent rail 
and public transportation system employees; 
‘‘(2) identify and address gaps and unnecessary 
overlaps in the roles, responsibilities, or authorities 
described in paragraph (1); 
‘‘(3) identify and make recommendations re-
garding legislative, regulatory, and organizational 
changes necessary to improve coordination among 
the entities described in paragraph (1) to enhance 
the security of rail and public transportation sys-
tems; 
‘‘(4) provide measurable goals, including objec-
tives, mechanisms and a schedule, for enhancing the 
security of rail and public transportation systems; 
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180 
‘‘(5) include a process for sharing intelligence 
and information with the entities described in para-
graph (1); 
‘‘(6) include a process for expediting security 
clearances to facilitate intelligence and information 
sharing with the entities described in paragraph (1); 
‘‘(7) describe current and future public out-
reach and educational initiatives designed to inform 
the public how to prevent, prepare for and respond 
to a terrorist attack on rail and public transpor-
tation systems; 
‘‘(8) include a framework for resuming the op-
eration of rail and public transportation systems as 
soon as possible in the event of an act of terrorism; 
‘‘(9) include a strategy and timeline for the De-
partment and other appropriate Federal agencies to 
research and develop new technologies, including ad-
vanced technologies with long term research and de-
velopment timelines for securing rail and public 
transportation systems; 
‘‘(10) build on available resources and consider 
costs and benefits; 
‘‘(11) describe how the Department has re-
viewed the previous attacks on rail and public trans-
portation systems throughout the world in the last 
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181 
10 years, the lessons learned from this review, and 
how these lessons inform current and future efforts 
to secure rail and public transportation systems; and 
‘‘(12) expand upon, leverage, and relate to ex-
isting strategies and plans, including the National 
Infrastructure Protection Plan required by Home-
land Security Presidential Directive-7. 
‘‘SEC. 483. RAIL AND PUBLIC TRANSPORTATION STRATEGIC 
INFORMATION SHARING PLAN. 
‘‘(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of Transportation, shall develop and 
submit to the appropriate congressional committees no 
later than 90 days after the enactment of this subtitle a 
Rail and Public Transportation Strategic Information 
Sharing Plan to ensure the robust development of both 
tactical and strategic intelligence products pertaining to 
the threats and vulnerabilities to rail and public transpor-
tation systems for dissemination to Federal, State, and 
local agencies; tribal governments; and appropriate rail 
and public transportation stakeholders. 
‘‘(b) CONTENT OF PLAN.—The plan required under 
subsection (a) shall include— 
‘‘(1) a description of how intelligence analysts 
in the Transportation Security Administration are 
coordinating with other intelligence analysts in the 
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182 
Department and other Federal, State, and local 
agencies; 
‘‘(2) deadlines for the completion of any organi-
zational changes within the Department to accom-
modate implementation of the plan; and 
‘‘(3) a description of resource needs for ful-
filling the plan. 
‘‘(c) UPDATES.— 
‘‘(1) After the plan is provided under subsection 
(a), the Secretary shall certify to the appropriate 
congressional committees when the plan has been 
fully implemented. 
‘‘(2) After the Secretary provides the certifi-
cation under paragraph (1), the Secretary shall pro-
vide a report to the appropriate congressional com-
mittees each year thereafter on the following: 
‘‘(A) The number and brief description of 
each rail and public transportation intelligence 
report created and disseminated under the plan. 
‘‘(B) The classification of each report as 
tactical or strategic. 
‘‘(C) The numbers of different government, 
law enforcement, and private sector partners 
who were provided with each intelligence prod-
uct.’’. 
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183 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting at the 
end of the items relating to title IV the following: 
‘‘Subtitle G—Transportation Security 
‘‘Sec. 481. Rail and public transportation vulnerability assessments and secu-
rity plans. 
‘‘Sec. 482. National rail and public transportation security plan. 
‘‘Sec. 483. Rail and public transportation strategic information sharing plan.’’. 
SEC. 902. RULEMAKING REQUIREMENTS. 
(a) INTERIM FINAL RULE AUTHORITY.—The Sec-
retary of Homeland Security shall issue an interim final 
rule as a temporary regulation implementing section 481 
of the Homeland Security Act of 2002, as added by section 
901 of this title, as soon as practicable after the date of 
enactment of this Act, without regard to the provisions 
of chapter 5 of title 5, United States Code. All regulations 
prescribed under the authority of this subsection that are 
not earlier superseded by final regulations shall expire not 
later than 1 year after the date of enactment of this Act. 
(b) INITIATION OF RULEMAKING.—The Secretary of 
Homeland Security may initiate a rulemaking to imple-
ment section 481 of the Homeland Security Act of 2002, 
as added by section 901 of this title, as soon as practicable 
after the date of enactment of this Act. The final rule 
issued pursuant to that rulemaking may supersede the in-
terim final rule promulgated under this section. 
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184 
SEC. 903. RAIL AND PUBLIC TRANSPORTATION SECURITY 
TRAINING PROGRAM. 
(a) AMENDMENT.—Subtitle A of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 361) is amend-
ed by adding at the end the following new section: 
‘‘SEC. 802. RAIL AND PUBLIC TRANSPORTATION SECURITY 
TRAINING PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary, acting through 
the appropriate Department official with primary respon-
sibility for training programs, and in coordination with the 
Transportation Security Administration, shall develop and 
issue detailed guidance for a rail and public transportation 
worker security training program for the purpose of en-
hancing the capabilities of rail and public transportation 
workers, including front-line transit employees such as bus 
and rail operators, mechanics, customer service employees, 
maintenance employees, transit police, emergency re-
sponse providers, and security personnel, to prevent, pre-
pare for, respond to, mitigate against, and recover from 
threatened or actual acts of terrorism. 
‘‘(b) PROGRAM ELEMENTS.—The guidance developed 
under subsection (a) shall provide a program that— 
‘‘(1) includes, at a minimum, elements that ad-
dress— 
‘‘(A) determination of the seriousness of 
any occurrence; 
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185 
‘‘(B) crew and passenger communication 
and coordination; 
‘‘(C) recognition of suspicious behavior or 
actions and appropriate response; 
‘‘(D) use of protective devices; 
‘‘(E) evacuation procedures (including pas-
sengers, workers, and those with disabilities); 
‘‘(F) training exercises regarding various 
threat conditions, including tunnel evacuation 
procedures; and 
‘‘(G) any other subject the Secretary con-
siders appropriate; 
‘‘(2) is consistent with, and supports implemen-
tation of, the National Incident Management Sys-
tem, the National Response Plan, the National In-
frastructure Protection Plan, the National Prepared-
ness Guidance, the National Preparedness Goals, 
and other national initiatives; 
‘‘(3) considers existing training programs in-
cluding Federal or industry programs; and 
‘‘(4) is evaluated against clear and consistent 
performance measures. 
‘‘(c) NATIONAL VOLUNTARY CONSENSUS STAND-
ARDS.—The Secretary shall— 
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186 
‘‘(1) support the development, promulgation, 
and regular updating as necessary of national vol-
untary consensus standards for rail and public 
transportation security training; and 
‘‘(2) ensure that the training provided under 
this section is consistent with such standards. 
‘‘(d) TRAINING PARTNERS.—In developing and deliv-
ering training under the program under this section, the 
Secretary shall— 
‘‘(1) work with government training facilities, 
academic institutions, industry and private organiza-
tions, employee organizations, and other relevant en-
tities that provide specialized, state-of-the-art train-
ing; and 
‘‘(2) utilize, as appropriate, training provided 
by industry, public safety academies, State and pri-
vate colleges and universities, and other facilities. 
‘‘(e) UPDATES.—The Secretary shall regularly up-
date the training guidance issued under subsection (a) to 
reflect new or different security threats.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of the Homeland Security Act of 2002 (116 
Stat. 2135) is amended by inserting after the item relating 
to section 801 the following: 
‘‘Sec. 802. Rail and public transportation security training program.’’. 
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187 
SEC. 904. INTERAGENCY COOPERATION. 
The Secretary of Homeland Security shall consider 
whether in fulfilling the requirements of this title, in order 
to promote communications, efficiency, and nonduplication 
of effort, memoranda of agreement should be updated or 
executed with other Federal agencies, including the De-
partment of Transportation, or between entities of the De-
partment and other Federal entities, including between 
the Transportation Security Administration and the Fed-
eral Transit Administration, the Pipeline and Hazardous 
Materials Safety Administration, and the Federal Railroad 
Administration. 
SEC. 905. RAIL AND PUBLIC TRANSPORTATION SECURITY 
GRANT PROGRAM. 
(a) AMENDMENT.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 513. RAIL AND PUBLIC TRANSPORTATION SECURITY 
GRANT PROGRAM. 
‘‘(a) GRANTS AUTHORIZED.—The Secretary, acting 
through the Department official with primary responsi-
bility for grants and training, shall establish a grant pro-
gram to allocate Federal homeland security assistance ad-
ministered by the Department to United States rail and 
public transportation systems designated under section 
481 on the basis of risk and need. 
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188 
‘‘(b) PRIORITIZATION PROCESS.—In awarding grants 
under this section, the Secretary shall conduct an assess-
ment of United States rail and public transportation sys-
tems to develop a prioritization for awarding grants au-
thorized under subsection (a) based upon— 
‘‘(1) the most current risk assessment available 
from the Department, incorporating threat, vulner-
ability, and consequence analysis; 
‘‘(2) the national economic and strategic de-
fense considerations of individual rail and public 
transportation systems; and 
‘‘(3) any other factors that the Secretary deter-
mines to be appropriate. 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—Any rail or public transpor-
tation security system subject to the requirements of 
section 481 may submit an application for a grant 
under this section, at such time, in such form, and 
containing such information and assurances as the 
Secretary may require. 
‘‘(2) MINIMUM STANDARDS FOR PAYMENT OR 
REIMBURSEMENT.—Each 
application 
submitted 
under paragraph (1) shall include— 
‘‘(A) a comprehensive description of— 
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189 
‘‘(i) the purpose of the project for 
which the applicant seeks a grant under 
this section and why the applicant needs 
the grant; 
‘‘(ii) the applicability of the project to 
the security plan prepared under section 
481 and other homeland security plans; 
‘‘(iii) any existing cooperation or mu-
tual aid agreements with other rail or pub-
lic transportation systems, organizations, 
or State, and local governments as such 
agreements relate to rail and public trans-
portation security; and 
‘‘(iv) a capital budget showing how 
the applicant intends to allocate and ex-
pend the grant funds; and 
‘‘(B) a determination by the Transpor-
tation 
Security 
Administration 
that 
the 
project— 
‘‘(i) addresses or corrects rail and 
public 
transportation 
security 
vulnerabilities; and 
‘‘(ii) helps to ensure compliance with 
the security plan prepared under section 
481. 
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