Virgin Islands, Guam, American Samoa, and any 
other territory or possession of the United States. 
SEC. 3. NATIONAL STRATEGY FOR RAIL AND PUBLIC 
TRANSPORTATION SECURITY. 
(a) MODAL PLAN.—Not later than 6 months after 
the date of enactment of this Act, the Secretary, in con-
sultation with the Secretary of Transportation, shall de-
velop and implement the modal plan for covered transpor-
tation as required by section 114(t)(1)(B) of title 49, 
United States Code. The modal plan shall be entitled the 
‘‘National Strategy for Rail and Public Transportation Se-
curity’’ and shall include, at a minimum— 
(1) a description of the roles, responsibilities, 
and authorities of Federal, State, and local agencies, 
government sponsored entities, tribal governments, 
and appropriate stakeholders under the plan; 
(2) identification of, and a plan to address, 
gaps and unnecessary overlaps in the roles, respon-
sibilities, and authorities described in paragraph (1); 
(3) a methodology for how the Department will 
work with the entities described in paragraph (1), 
and make use of existing Federal expertise within 
the Department, the Department of Transportation, 
and other appropriate agencies; 
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(4) a process for expediting security clearances 
to facilitate intelligence and information sharing 
with the entities described in paragraph (1); 
(5) a description of— 
(A) how the Department has reviewed ter-
rorist 
attacks 
on 
covered 
transportation 
throughout the world in the last 25 years; 
(B) the lessons learned from those reviews; 
and 
(C) how those lessons are being used in 
current and future efforts to secure covered 
transportation; 
(6) a strategy and timeline for the Department, 
the Department of Transportation, other appro-
priate Federal agencies and private entities to re-
search and develop new technologies for securing 
covered transportation; 
(7) measurable goals, including objectives, 
mechanisms, and a schedule for enhancing the secu-
rity of covered transportation; 
(8) a framework for resuming the operation of 
covered transportation in the event of an act of ter-
rorism and prioritizing resumption of such oper-
ations; 
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(9) a description of current and future public 
outreach and educational initiatives designed to in-
form the public on how to prevent, prepare for, and 
respond to a terrorist attack on covered transpor-
tation; and 
(10) a process for coordinating covered trans-
portation security strategies and plans, including the 
National Infrastructure Protection Plan required by 
Homeland Security Presidential Directive 7; Execu-
tive Order: Strengthening Surface Transportation 
Security dated December 5, 2006; the Memorandum 
of Understanding between the Department and the 
Department of Transportation on Roles and Respon-
sibilities dated September 28, 2004; the Annex to 
the Memorandum of Understanding between the De-
partment and the Department of Transportation on 
Roles and Responsibilities concerning railroad secu-
rity dated September 28, 2006, and the Annex exe-
cuted under section 3028(b) of the Safe, Account-
able, Flexible, and Efficient Transportation Equity 
Act: A Legacy for Users (49 U.S.C. 5321 note; 119 
Stat. 1624). 
(b) ADEQUACY OF EXISTING PLANS AND STRATE-
GIES.—Nothing in this section shall prevent the Secretary 
from using existing plans and strategies, including those 
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developed or implemented pursuant to section 114(t) of 
title 49, United States Code, or Homeland Security Presi-
dential Directive–7, in meeting the requirements of sub-
section (a). 
SEC. 4. ASSIGNMENT OF PROVIDERS OF COVERED TRANS-
PORTATION TO RISK-BASED TIERS. 
(a) ASSIGNMENT.—The Secretary shall assign each 
provider of covered transportation to one of the not less 
than three risk-based tiers established by the Secretary. 
(b) PROVISION
OF INFORMATION.—The Secretary 
may request, and the provider of covered transportation 
shall provide, information necessary for the Secretary to 
assign a provider of covered transportation to the appro-
priate tier under subsection (a). 
(c) NOTIFICATION.—Not later than 60 days after the 
date a provider of covered transportation is assigned to 
a tier under this section, the Secretary shall notify the 
provider of the tier to which the provider is assigned and 
the reasons for such assignment. 
(d) HIGH- AND MEDIUM-RISK TIERS.—At least two 
of the tiers established by the Secretary under this section 
shall be tiers designated for high- and medium-risk pro-
viders of covered transportation. 
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SEC. 5. RAIL AND PUBLIC TRANSPORTATION ASSESSMENTS 
AND PLANS. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, the Secretary, in con-
sultation with the Secretary of Transportation, shall issue 
regulations that— 
(1) require each provider of covered transpor-
tation assigned to a high- or medium-risk tier under 
section 4— 
(A) to conduct a vulnerability assessment 
in accordance with subsections (b) and (c); and 
(B) to prepare, submit to the Secretary for 
approval, and implement a security plan in ac-
cordance with this section that addresses secu-
rity performance requirements under subsection 
(f); and 
(2) establish standards, protocols, and proce-
dures for vulnerability assessments under subsection 
(c) and security plans under subsection (d) and for 
developing and implementing such security plans. 
(3) establish a security program for providers of 
covered transportation not assigned to a high or me-
dium-risk tier under section 4, including a process 
for providers to conduct vulnerability assessments 
and prepare and implement security plans, as deter-
mined appropriate by the Secretary. 
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