‘‘(1) review and approve Area Rail and Public 
Transportation Security Plans under this section; 
and 
‘‘(2) periodically review previously approved 
Area Rail and Public Transportation Security Plans. 
‘‘(d) COMPOSITION AND DUTIES OF THE AREA RAIL 
AND PUBLIC TRANSPORTATION SECURITY COMMITTEE.— 
‘‘(1) IN GENERAL.—The Area Rail and Public 
Transportation 
Security 
Committee 
designated 
under section 1801(b)(4)(B) shall be composed of 
representatives of the rail and public transportation 
systems, including employee organizations, and other 
appropriate rail and public transportation stake-
holders selected by the Secretary, in the areas for 
which Area Rail and Public Transportation Security 
Plans are required to be prepared under subsection 
(a). 
‘‘(2) APPOINTEES.—The Secretary shall ap-
point individuals from entities described in para-
graph (1) to the Area Rail and Public Transpor-
tation Security Committee. 
‘‘(3) SOLICITAION
OF
NOMINATIONS.—Before 
appointing an individual to a position on such a 
committee, the Secretary shall publish a notice in 
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the Federal Register soliciting nominations for mem-
bership on the committee. 
‘‘(4) SECURITY.—The Secretary may require an 
individual to have passed an appropriate security 
background examination before appointment to the 
Committee. 
‘‘(5) CHAIRPERSON AND VICE CHAIRPERSON.— 
(A) Each committee established under section 
1801(b)(4)(B) shall elect 1 of its members as the 
Chairman and 1 of its members as the Vice Chair-
person. 
‘‘(B) The Vice Chairman shall act as Chairman 
in the absence or incapacity of the Chairman, or in 
the event of a vacancy in the office of the Chairman. 
‘‘(6) OBSERVERS.—(A) The Secretary shall, 
and the head of any other interested Federal agency 
may, designate a representative to participate as an 
observer with the Committee. 
‘‘(B) The Secretary’s designated representative 
shall act as the executive secretary of the Committee 
and shall perform the duties set forth in section 
10(c) of the Federal Advisory Committee Act (5 
U.S.C. App.). 
‘‘(7) COMPENSATION AND EXPENSES.—(A) A 
member of a committee established under this sec-
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tion, when attending meetings of the committee or 
when otherwise engaged in the business of the com-
mittee, is entitled to receive— 
‘‘(i) compensation at a rate fixed by the 
Secretary, not exceeding the daily equivalent of 
the current rate of basic pay in effect for GS- 
15 of the General Schedule under section 5332 
of title 5, United States Code, including travel 
time; and 
‘‘(ii) travel or transportation expenses 
under section 5703 of such title 5. 
‘‘(B) A member of such a committee shall not 
be considered to be an officer or employee of the 
United States for any purpose based on their receipt 
of any payment under this subsection. 
‘‘(8) FACA.—The Federal Advisory Committee 
Act (5 U.S.C. App.) does not apply to Area Rail and 
Public Transportation Security Committees estab-
lished under this section. 
‘‘SEC. 1803. RAIL AND PUBLIC TRANSPORTATION VULNER-
ABILITY 
ASSESSMENTS 
AND 
SECURITY 
PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUIREMENT.—Not later than 1 year 
after the date of enactment of this title, the Sec-
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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 the railroad carrier or public 
transportation system owner or operator 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 1 year 
after the promulgation of the regulations under 
this paragraph for the completion and submis-
sion to the Secretary of vulnerability assess-
ments and security plans. 
‘‘(2) CONSULTATION.—In promulgating the 
regulations under paragraph (1) the Secretary shall 
consult with the Department of Transportation and 
other appropriate Federal agencies. 
‘‘(b) VULNERABILITY ASSESSMENTS.— 
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‘‘(1) REQUIREMENTS.—The Secretary shall 
provide assistance and guidance to a rail or public 
transportation system in conducting vulnerability as-
sessments and shall require that the vulnerability as-
sessments include at a minimum— 
‘‘(A) identification and evaluation of crit-
ical assets and infrastructures, including sub-
way platforms, rail, bus, and ferry terminals, 
rail tunnels, rail bridges, rail switching and 
storage areas, and information systems; 
‘‘(B) identification of the threats to those 
assets and infrastructures; and 
‘‘(C) identification of vulnerabilities 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; 
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‘‘(vii) contingency response; and 
‘‘(iix) 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. 
‘‘(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. 
‘‘(c) SECURITY PLANS.— 
‘‘(1) REQUIREMENTS.—The Secretary shall 
provide assistance and guidance to rail and public 
transportation systems in preparing and imple-
menting security plans and shall require that the se-
curity plan include at a minimum— 
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‘‘(A) identification of the qualified indi-
vidual having full authority to implement secu-
rity actions, and require immediate communica-
tions between that individual and the appro-
priate Federal officials; 
‘‘(B) security measures to address the 
vulnerabilities of the rail or public transpor-
tation system to a terrorist incident; 
‘‘(C) plans for periodic drills and exercises 
that include participation by local law enforce-
ment agencies and first responders as appro-
priate; 
‘‘(D) 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; 
‘‘(E) 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; 
‘‘(F) provide a strategy and timeline for 
conducting training and periodic unannounced 
drills for employees of a rail or public transit 
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system to be carried out under the plan to pre-
vent, prepare, or respond to a terrorist attack, 
including through the training required under 
section 802; 
‘‘(G) enhanced security measures to be 
taken when the Secretary declares a period of 
heightened security risk; and 
‘‘(H) 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 Rail and Public Transportation Se-
curity Plan and Area Rail and Public Transpor-
tation Security Plans. 
‘‘(3) REVIEW OF SECURITY PLANS.— 
‘‘(A) IN
GENERAL.—Not later than 6 
months after the date on which the Secretary 
receives and approves a vulnerability assess-
ment submitted by a rail or public transpor-
tation system, the Secretary shall review the se-
curity plan for the rail or public transportation 
system and approve or disapprove the security 
plan. 
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‘‘(B) DISAPPROVAL.—In the event of dis-
approval, the Secretary shall provide to the rail 
or public transportation system a clear expla-
nation of any deficiency in the security plan 
submitted by the system and guidance to assist 
the system in addressing such deficiency. 
‘‘(d) ENFORCEMENT.— 
‘‘(1) SUBMISSION OF INFORMATION.—The Sec-
retary shall specify in regulations promulgated under 
subsection (a), specific deadlines for the submission 
of vulnerability assessments and security plans to 
the Secretary. 
‘‘(2) FAILURE TO COMPLY.—If a rail or public 
transportation system fails to submit a vulnerability 
assessment or security plan in accordance with this 
title, the Secretary may issue an order requiring the 
submission of a vulnerability assessment or security 
plan in accordance with subsection (e). 
‘‘(3) REVIEW.—The Secretary, in accordance 
with paragraph (4), may— 
‘‘(A) disapprove a vulnerability assessment 
or security plan submitted under this title; and 
‘‘(B) order the railroad carrier or public 
transportation owner or operator that sub-
mitted the vulnerability assessment or security 
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plan to revise, recertify, and submit the assess-
ment or plan to correct deficiencies specified in 
the order. 
‘‘(4) DISAPPROVAL.—The Secretary shall dis-
approve under paragraph (3) a vulnerability assess-
ment or security plan if the Secretary determines 
that–— 
‘‘(A) the vulnerability assessment or secu-
rity plan does not comply with regulations pro-
mulgated under subsection (a); or 
‘‘(B) the security plan, or the implementa-
tion of the security plan, is insufficient to ad-
dress— 
‘‘(i) the results of a vulnerability as-
sessment of the rail or public transpor-
tation system or associated oversight ac-
tions taken under this section; or 
‘‘(ii) a threat of a terrorist incident 
upon the rail or public transportation sys-
tem. 
‘‘(5) COMPLIANCE.—If the Secretary dis-
approves a vulnerability assessment or security plan, 
or the implementation of a security plan, the Sec-
retary shall— 
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‘‘(A) provide the railroad carrier or public 
transportation system owner or operator a writ-
ten notification of the determination that in-
cludes a clear explanation of deficiencies in the 
vulnerability assessment, security plan, or im-
plementation of the assessment or plan; 
‘‘(B) consult with the railroad carrier or 
public transportation system owner or operator 
to identify appropriate steps to achieve compli-
ance with the requirements of this title; and 
‘‘(C) if, following that consultation, the 
railroad carrier or public transportation system 
owner or operator does not achieve compliance 
in accordance with the requirements of this title 
by such date as the Secretary determines to be 
appropriate under the circumstances, issue an 
order requiring the railroad carrier or public 
transportation system owner or operator to cor-
rect specified deficiencies by a specified date. 
‘‘(e) PENALTIES.— 
‘‘(1) ADMINISTRATIVE PENALTIES.— 
‘‘(A) The Secretary may issue an adminis-
trative penalty of not more than $75,000 for 
failure to comply with an order issued by the 
Secretary under this title. 
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‘‘(B) Before issuing an order described in 
subparagraph (A), the Secretary shall provide 
to the person against which the penalty is to be 
assessed— 
‘‘(i) written notice of the proposed 
order; and 
‘‘(ii) the opportunity to request, not 
later than 30 days after the date on which 
the person receives the notice, a hearing on 
the proposed order. 
‘‘(C) The Secretary may promulgate regu-
lations outlining the procedures for administra-
tive hearings and appropriate review, including 
necessary deadlines. 
‘‘(2) CIVIL PENALTIES.— 
‘‘(A) IN
GENERAL.—The Secretary may 
bring an action in a United States district court 
against any railroad carrier or public transpor-
tation system owner or operator that violates or 
fails to comply with any order or directive 
issued by the Secretary under this title or a se-
curity plan approved by the Secretary under 
this title. 
‘‘(B) RELIEF.—In any action under sub-
paragraph (A), a court may issue an order for 
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injunctive relief and may award a civil penalty 
of not more than $50,000 for each day on 
which a violation occurs or a failure to comply 
continues. 
‘‘(3) CRIMINAL PENALTIES.—A railroad carrier 
or public transportation system owner or operator 
who knowingly and intentionally violates any order 
issued by the Secretary under this title shall be fined 
not more than $50,000 for each day of such viola-
tion, imprisoned for no more than 2 years, or both. 
‘‘(f) RED TEAM EXERCISES.—The Secretary, in co-
operation with the Department of Transportation, shall 
conduct red team exercise at selected rail and public trans-
portation systems to identify vulnerabilities, possible 
modes of attack, and security plan weaknesses. 
‘‘(g) EXISTING
PROCEDURES, PROTOCOLS
AND 
STANDARDS.— 
‘‘(1) DETERMINATION.—In response to a peti-
tion by railroad carrier or public transportation sys-
tem owner or operator, or at the discretion of the 
Secretary, the Secretary may endorse or recognize 
existing procedures, protocols, and standards that 
the Secretary determines to meet all or part of the 
requirements of this title regarding vulnerability as-
sessments and security plans. 
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‘‘(2) REQUIREMENTS.—Upon review and writ-
ten determination by the Secretary that existing pro-
cedures, protocols, or standards for a particular rail 
or public transportation system satisfy some or all of 
the requirements of this title, the rail or public 
transportation system may elect to comply with 
those procedures, 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 title, he may accept those submissions, but shall 
require submission of any additional information rel-
evant to vulnerability assessments and security plans 
to ensure that the requirements of this title are ful-
filled. 
‘‘(4) NOTIFICATION.—If the Secretary does not 
endorse or recognize particular procedures, proto-
cols, and standards, the Secretary shall provide to 
each railroad carrier or public transportation system 
owner or operator that submitted a petition under 
paragraph (1) a written notification that includes an 
explanation of the reasons why the endorsement or 
recognition was not made. 
‘‘(5) REVIEW.—Nothing in this subsection shall 
relieve the Secretary of the obligation— 
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‘‘(A) to review the vulnerability assessment 
and security plan submitted by each railroad 
carrier or public transportation system owner or 
operator under this section; and 
‘‘(B) to approve or disapprove each sub-
mission on an individual basis. 
‘‘(h) PERIODIC REVIEW.— 
‘‘(1) IN
GENERAL.—Not later than 3 years 
after the date of approval of a vulnerability assess-
ment and facility security plan under this section, 
and not less often than every 5 years thereafter (or 
on such a schedule as the Secretary may establish 
by regulation) the railroad carrier or public trans-
portation system owner or operator covered by the 
vulnerability assessment or security plan shall— 
‘‘(A) review the adequacy of the vulner-
ability assessment and security plan; and 
‘‘(B) as specified by the Secretary, submit 
to the Secretary the review, including a descrip-
tion of any changes to the vulnerability assess-
ment or security plan. 
‘‘(2) SCHEDULE.—The Secretary shall ensure 
that these reviews are submitted according to the 
schedule set by the Secretary, and that they are re-
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viewed and approved within 6 months of receipt by 
the Secretary. 
‘‘(i) 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, to the 
extent two or more rail or public transportation systems 
have shared facilities, such as tunnels, bridges, or stations, 
or facilities that are geographically close or otherwise co- 
located. 
‘‘SEC. 1804. RAIL AND PUBLIC TRANSPORTATION STRA-
TEGIC 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 title 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 transportation sys-
tems for dissemination to Federal, State, and local agen-
cies; tribal governments; and appropriate rail and public 
transportation stakeholders. 
‘‘(b) CONTENT OF PLAN.—The plan required under 
subsection (a) shall include— 
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‘‘(1) a description of how intelligence analysts 
in the Transportation Security Administration are 
coordinating with other intelligence analysts in the 
Department and other Federal, State, and local 
agencies; 
‘‘(2) reasonable deadlines for the completion of 
any organizational changes within the Department 
to accommodate 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) Until the Secretary provides the certifi-
cation under paragraph (1), the Secretary shall pro-
vide an update to the appropriate congressional com-
mittees on the implementation of the plan every 90 
days. 
‘‘(3) 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: 
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‘‘(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. 
‘‘(d) SURVEY.—The Secretary shall conduct an an-
nual survey of the satisfaction of each of the recipients 
of rail and public transportation intelligence reports cre-
ated and disseminated under the plan, and include the re-
sults of this survey as part of the report provided under 
subsection (c)(3). 
‘‘SEC. 1805. RULEMAKING REQUIREMENTS. 
‘‘(a) INTERIM FINAL RULE AUTHORITY.—The Sec-
retary shall issue an interim final rule as a temporary reg-
ulation implementing this title as soon as practicable after 
the date of enactment of this section, without regard to 
the provisions of chapter 5 of title 5, United States Code. 
All regulations prescribed under the authority of this sub-
section that are not earlier superseded by final regulations 
shall expire not later than 1 year after the date of enact-
ment of this title. 
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‘‘(b) INITIATION OF RULEMAKING.—The Secretary 
may initiate a rulemaking to implement this title as soon 
as practicable after the date of enactment of this section. 
The final rule issued pursuant to that rulemaking may su-
persede the interim final rule promulgated under this sec-
tion. 
‘‘SEC. 1806. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) APPROPRIATE RAIL AND PUBLIC TRANS-
PORTATION STAKEHOLDERS.—The term ‘appropriate 
rail and public transportation stakeholders’ means 
freight and passenger railroad carriers, nonprofit 
employee organizations representing rail and public 
transportation workers, nonprofit employee organiza-
tions representing emergency responders, owners or 
lessors of rail cars used to transport hazardous ma-
terials, shippers of hazardous materials, manufactur-
ers of rail tank cars, State Departments of Trans-
portation, public safety officials, and other relevant 
parties. 
‘‘(2) RAILROAD AND RAILROAD CARRIER.—The 
terms ‘railroad’ and ‘railroad carrier’ have the mean-
ing given those terms in section 20102 of title 49, 
United States Code. 
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‘‘(3) PUBLIC TRANSPORTATION SYSTEMS.—The 
term ‘Public Transportation System’ means pas-
senger, commuter, and other modes of public transit, 
including light rail, subways, intra-city buses, and 
ferries.’’. 
SEC. 4. RAIL AND PUBLIC TRANSPORTATION SECURITY 
GRANT PROGRAM. 
Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended— 
(1) by redesignating the second section 510 (as 
added by section 7303(d) of Public Law 108-458 
(118 Stat. 3844)) as section 511; and 
(2) by adding at the end the following new sec-
tion: 
‘‘SEC. 512. RAIL AND PUBLIC TRANSPORTATION SECURITY 
GRANT PROGRAM. 
‘‘(a) GRANTS AUTHORIZED.—The Secretary shall es-
tablish a grant program to allocate Federal financial as-
sistance to United States rail and public transportation 
systems on the basis of risk and need. 
‘‘(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— 
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‘‘(1) the most current risk assessment available 
from the Department; 
‘‘(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 1803 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— 
‘‘(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 Area Rail and Public Transportation 
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Security Plan and other homeland security 
plans; 
‘‘(iii) the methodology for coordi-
nating the project into the security of the 
greater area identified in the Area Rail 
and Public Transportation Security Plan; 
‘‘(iv) any existing cooperation or mu-
tual aid agreements with other rail or pub-
lic transportation systems, organizations, 
or State, territorial, and local governments 
as such agreements relate to rail and pub-
lic transportation security; and 
‘‘(v) a capital budget showing how the 
applicant intends to allocate and expend 
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 Area Rail and Public Transportation 
Security Plan. 
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‘‘(3) PROCEDURAL
SAFEGUARDS.—The Sec-
retary, in consultation with the Office of the Inspec-
tor General and the Office of Grants and Training, 
shall issue guidelines to establish appropriate ac-
counting, reporting, and review procedures to ensure 
that— 
‘‘(A) grant funds are used for the purposes 
for which they were made available; 
‘‘(B) grantees have properly accounted for 
all expenditures of grant funds; and 
‘‘(C) grant funds not used for such pur-
poses and amounts not obligated or expended 
are returned. 
‘‘(d) USE OF FUNDS.—Grants awarded under this 
section may be used— 
‘‘(1) to help implement Area Rail and Public 
Transportation Security Plans required under sec-
tion 1803; 
‘‘(2) to remedy rail and public transportation 
security vulnerabilities identified through vulner-
ability assessments approved by the Secretary; 
‘‘(3) for non-Federal projects contributing to 
the overall security of a rail or public transportation 
security system, as determined by the Secretary; 
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‘‘(4) for the salaries, benefits, overtime com-
pensation, and other costs of additional security per-
sonnel for State and local agencies for activities re-
quired by the Area Rail and Public Transportation 
Security Plan; 
‘‘(5) for the cost of acquisition, operation, and 
maintenance of equipment that contributes to the 
overall security of the rail and public transportation 
security system, as identified in the Area Rail and 
Public Transportation Security Plan, if the need is 
based upon vulnerability assessments approved by 
the Secretary or identified in the Area Rail and 
Public Transportation Security Plan; 
‘‘(6) to conduct vulnerability assessments ap-
proved by the Secretary; 
‘‘(7) to purchase or upgrade equipment, includ-
ing communications equipment that is interoperable 
with Federal, State, and local agencies and tribal 
governments; and computer software, to enhance 
terrorism preparedness; 
‘‘(8) to conduct exercises or training for preven-
tion and detection of, preparedness for, response to, 
or recovery from terrorist attacks; 
‘‘(9) to establish or enhance mechanisms for 
sharing terrorism threat information and to ensure 
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that the mechanisms are interoperable with Federal, 
State, and local agencies and tribal governments; 
‘‘(10) for the cost of equipment (including soft-
ware) required to receive, transmit, handle, and 
store classified information; 
‘‘(11) for the protection of critical infrastruc-
ture against potential attack by the addition of bar-
riers, fences, gates, and other such devices, except 
that the cost of such measures may not exceed the 
greater of— 
‘‘(A) $5,000,000 per project; or 
‘‘(B) such greater amount as may be ap-
proved by the Secretary, which may not exceed 
10 percent of the total amount of the grant; 
and 
‘‘(12) to conduct exercises to strengthen emer-
gency preparedness of Federal, State, local and trib-
al officials responsible for rail and public transpor-
tation system security, including law enforcement 
personnel and firefighters and other first responders, 
in support of the Area Rail and Public Transpor-
tation Security Plan. 
‘‘(e) REIMBURSEMENT OF COSTS.—An applicant for 
a grant under this section may petition the Secretary for 
the reimbursement of the cost of any activity relating to 
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prevention (including detection) of, preparedness for, re-
sponse to, or recovery from acts of terrorism that is a Fed-
eral 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) PROHIBITED USES.—Grants awarded under this 
section may not be used to— 
‘‘(1) supplant State or local funds for activities 
of the type described in subsection (d); 
‘‘(2) construct buildings or other physical facili-
ties, except buildings or other physical facilities oth-
erwise authorized under section 611 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5196), and specifically approved by 
the Secretary; 
‘‘(3) acquire land; or 
‘‘(4) make any State or local government cost- 
sharing contribution. 
‘‘(g) MATCHING REQUIREMENT.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
paragraph (A) or (B) of paragraph (2), Federal 
funds for any eligible project under this section shall 
not exceed 75 percent of the total cost of such 
project. 
‘‘(2) EXCEPTIONS.— 
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‘‘(A) SMALL PROJECTS.—The requirement 
of paragraph (1) shall not apply with respect to 
a project with a total cost of not more than 
$25,000. 
‘‘(B) HIGHER
LEVEL
OF
FEDERAL
SUP-
PORT
REQUIRED.—The requirement of para-
graph (1) shall not apply with respect to a 
project if the Secretary determines that the 
project merits support and cannot be under-
taken without a higher rate of Federal support 
than the rate described in paragraph (1). 
‘‘(3) IN-KIND CONTRIBUTIONS.—Each recipient 
of a grant under this section may meet the require-
ment of paragraph (1) 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 expenses, contractor services, administra-
tive costs, equipment, fuel, or maintenance, and 
rental space. 
‘‘(h) MULTIPLE PHASE PROJECTS.— 
‘‘(1) IN GENERAL.—The Secretary may award 
grants under this section for projects that span mul-
tiple years. 
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‘‘(2) FUNDING LIMITATION.—Not more than 20 
percent of the total grant funds awarded under this 
section in any fiscal year may be awarded for 
projects that span multiple years. 
‘‘(i) CONSISTENCY WITH PLANS.—The Secretary 
shall ensure that each grant awarded under this section— 
‘‘(1) is used to supplement and support, in a 
consistent and coordinated manner, the applicable 
Area Rail and Public Transportation Security Plan; 
and 
‘‘(2) is coordinated with any applicable State or 
Urban Area Homeland Security Plan. 
‘‘(j) COORDINATION AND COOPERATION.—The Sec-
retary shall ensure that all projects that receive grant 
funding under this section within any area defined in an 
Area Rail and Public Transportation Security Plan are co-
ordinated with other projects in such area. 
‘‘(k) REVIEW AND AUDITS.—The Secretary shall re-
quire all grantees under this section to maintain such 
records as the Secretary may require and make such 
records available for review and audit by the Secretary, 
the Comptroller General of the United States, or the In-
spector General of the Department. 
‘‘(l) QUARTERLY REPORTS REQUIRED AS A CONDI-
TION OF HOMELAND SECURITY GRANTS.— 
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‘‘(1) EXPENDITURE REPORTS REQUIRED.—As a 
condition of receiving a grant under this section, the 
Secretary shall require the grant recipient to submit 
quarterly reports to the Secretary that describe each 
expenditure made by the recipient using grant funds. 
‘‘(2) DEADLINE
FOR
REPORTS.—Each report 
required under paragraph (1) shall be submitted not 
later than 30 days after the last day of a fiscal quar-
ter and shall describe expenditures made during that 
fiscal quarter. 
‘‘(3) PUBLICATION OF EXPENDITURES.— 
‘‘(A) IN GENERAL.—Not later than 1 week 
after receiving a report under this subsection, 
the Secretary shall publish and make publicly 
available on the Internet website of the Depart-
ment a description of each expenditure de-
scribed in the report. 
‘‘(B) WAIVER.—The Secretary may waive 
the requirement of subparagraph (A) if the Sec-
retary determines that it is in the national secu-
rity interests of the United States to do so. 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated $400,000,000 for each 
of fiscal years 2007 through 2012 to carry out this sec-
tion.’’. 
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SEC. 5. RAIL AND PUBLIC TRANSPORTATION SECURITY 
TRAINING PROGRAM. 
Subtitle A of title VIII of the Homeland Security Act 
of 2002 (6 U.S.C. 361) is amended by adding at the end 
the following new section: 
‘‘SEC. 802. RAIL AND PUBLIC TRANSPORTATION SECURITY 
TRAINING PROGRAM. 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this section, the Secretary, in con-
sultation with appropriate law enforcement, security, and 
terrorism experts, representatives of railroad carriers and 
public transportation owners and operators, and nonprofit 
employee organizations that represent rail and public 
transportation workers, shall develop and issue detailed 
guidance for a rail and public transportation worker secu-
rity training program to prepare rail and public transpor-
tation workers, including front-line transit employees such 
as bus and rail operators, mechanics, customer service em-
ployees, maintenance employees, transit police, and secu-
rity personnel, for potential threat conditions. 
‘‘(b) PROGRAM ELEMENTS.—The guidance developed 
under subsection (a) shall require such a program to in-
clude, at a minimum, elements that address the following: 
‘‘(1) Determination of the seriousness of any 
occurrence. 
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