[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5714 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5714

 To improve the security of rail and public transportation systems in 
               the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2006

Mr. Thompson of Mississippi (for himself, Ms. Corrine Brown of Florida, 
     Ms. Jackson-Lee of Texas, Ms. Norton, Mr. Langevin, and Mrs. 
 Christensen) introduced the following bill; which was referred to the 
  Committee on Homeland Security, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To improve the security of rail and public transportation systems in 
               the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Rail and Public 
Transportation Security Act of 2006''.
    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Security of United States rail and public transportation 
                            systems.
Sec. 4. Rail and public transportation security grant program.
Sec. 5. Rail and public transportation security training program.
Sec. 6. Rail and public transportation security exercise program.
Sec. 7. Interagency cooperation.
Sec. 8. Rail security research and development.
Sec. 9. Whistleblower protections.
Sec. 10. Increase in rail security inspectors.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' has the meaning given 
        that term in section 2(2) of the Homeland Security Act of 2002 
        (6 U.S.C. 101(2)).
            (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (4) Terrorism.--The term ``terrorism'' has the meaning 
        given that term in section 2(15) of the Homeland Security Act 
        of 2002 (6 U.S.C. 101(15)).

SEC. 3. SECURITY OF UNITED STATES RAIL AND PUBLIC TRANSPORTATION 
              SYSTEMS.

    The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended 
by adding at the end the following new title:

``TITLE XVIII--SECURITY OF UNITED STATES RAIL AND PUBLIC TRANSPORTATION 
                                SYSTEMS

``SEC. 1801. NATIONAL RAIL AND PUBLIC TRANSPORTATION SECURITY PLAN.

    ``(a) In General.--The Secretary shall develop and implement, and 
update as appropriate, a supplement to the National Strategy for 
Transportation Security required under section 114(t) of title 49, 
United States Code to be entitled the `National Rail and Public 
Transportation Security Plan.'
    ``(b) Included Elements.--The supplement required under subsection 
(a) shall--
            ``(1) include a description of the roles, responsibilities, 
        and authorities of Federal, State, and local agencies, 
        designated Federal and government sponsored 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 regarding 
        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 systems;
            ``(4) designate--
                    ``(A) areas for which Area Rail and Public 
                Transportation Security Plans are required to be 
                prepared under section 1802; and
                    ``(B) who shall be members of the Area Rail and 
                Public Transportation Security Committee for each such 
                area;
            ``(5) provide measurable goals, including objectives, 
        mechanisms and a schedule, for enhancing the security of rail 
        and public transportation systems;
            ``(6) include a process for sharing intelligence and 
        information with the entities described in paragraph (1);
            ``(7) include a process for expediting security clearances 
        to facilitate intelligence and information sharing with the 
        entities described in paragraph (6);
            ``(8) describe current and future public outreach and 
        educational initiatives designed to inform the public how to 
        prevent, prepare for and respond to a terrorist attack on rail 
        and public transportation systems;
            ``(9) include a framework for resuming the operation of 
        rail and public transportation systems as soon as possible in 
        the event of an act of terrorism;
            ``(10) include a strategy and timeline for the Department 
        and other appropriate Federal agencies to research and develop 
        new technologies, including advanced technologies with long 
        term research and development timelines for securing rail and 
        public transportation systems;
            ``(11) build on available resources and consider costs and 
        benefits;
            ``(12) describe how the Department has reviewed the 
        previous attacks on rail and public transportation systems 
        throughout the world in the last 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
            ``(13) expand upon and relate to existing strategies and 
        plans, including the National Infrastructure Protection Plan 
        required by Homeland Security Presidential Directive-7.

``SEC. 1802. AREA RAIL AND PUBLIC TRANSPORTATION SECURITY PLANS.

    ``(a) Plan Submittal.--The Area Rail and Public Transportation 
Security Committee designated under section 1801(b)(4)(B) shall submit 
to the Secretary an Area Rail and Public Transportation Security Plan 
for the area.
    ``(b) Plan.--The Area Rail and Public Transportation Security Plan 
for an area shall--
            ``(1) when implemented in conjunction with the National 
        Rail and Public Transportation Security Plan, be adequate to 
        deter a transportation security incident in or near the area to 
        the maximum extent practicable;
            ``(2) describe in detail how the plan is integrated with 
        other Area Rail and Public Transportation Security Plans, with 
        the rail and public transportation security plans required 
        under this title, and with any Area Maritime Transportation 
        Security Plan required under section 70103(b) of title 46, 
        United States Code, as appropriate;
            ``(3) include any other information the Secretary requires; 
        and
            ``(4) be updated at least every 5 years.
    ``(c) Review.--The Secretary shall--
            ``(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 stakeholders 
        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 appoint individuals 
        from entities described in paragraph (1) to the Area Rail and 
        Public Transportation Security Committee.
            ``(3) Solicitaion of nominations.--Before appointing an 
        individual to a position on such a committee, the Secretary 
        shall publish a notice in the Federal Register soliciting 
        nominations for membership 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 
        Chairperson.
            ``(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 section, when attending 
        meetings of the committee or when otherwise engaged in the 
        business of the committee, 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 established under this section.

``SEC. 1803. RAIL AND PUBLIC TRANSPORTATION VULNERABILITY ASSESSMENTS 
              AND SECURITY PLANS.

    ``(a) In General.--
            ``(1) Requirement.--Not later than 1 year after the date of 
        enactment of this title, the Secretary, acting through the 
        Transportation Security Administration, shall promulgate 
        regulations that--
                    ``(A) establish standards, protocols, and 
                procedures for vulnerability assessments and security 
                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 
                        vulnerability of the rail or public 
                        transportation 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 submission to the 
                Secretary of vulnerability assessments 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.--
            ``(1) Requirements.--The Secretary shall provide assistance 
        and guidance to a rail or public transportation system in 
        conducting vulnerability assessments and shall require that the 
        vulnerability assessments include at a minimum--
                    ``(A) identification and evaluation of critical 
                assets and infrastructures, including subway 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 security;
                            ``(iii) programmable electronic devices, 
                        computers, computer or communications networks, 
                        or other automated systems which are used by 
                        the rail or public transportation system;
                            ``(iv) alarms, cameras and other protection 
                        systems;
                            ``(v) communications systems;
                            ``(vi) utilities;
                            ``(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 information as 
                provided by the Secretary.
                    ``(B) The Secretary shall provide in a timely 
                manner, to the maximum extent practicable under 
                applicable authority and in the interests of national 
                security, to the rail or public transportation system 
                subject to the requirements in paragraph (1), threat 
                information that is relevant to that rail or public 
                transportation system, including an assessment of the 
                most likely method that could be used by terrorists to 
                exploit vulnerabilities, and their likelihood of 
                success.
    ``(c) Security Plans.--
            ``(1) Requirements.--The Secretary shall provide assistance 
        and guidance to rail and public transportation systems in 
        preparing and implementing security plans and shall require 
        that the security plan include at a minimum--
                    ``(A) identification of the qualified individual 
                having full authority to implement security actions, 
                and require immediate communications between that 
                individual and the appropriate Federal officials;
                    ``(B) security measures to address the 
                vulnerabilities of the rail or public transportation 
                system to a terrorist incident;
                    ``(C) plans for periodic drills and exercises that 
                include participation by local law enforcement agencies 
                and first responders as appropriate;
                    ``(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 system to be 
                carried out under the plan to prevent, 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 Secretary 
                determines are appropriate to address the vulnerability 
                of a rail or public transportation system to a 
                terrorist attack.
            ``(2) Consistency with other plans.--Security plans shall 
        be consistent with the requirements of the National Rail and 
        Public Transportation Security Plan and Area Rail and Public 
        Transportation 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 assessment submitted by a rail or public 
                transportation system, the Secretary shall review the 
                security plan for the rail or public transportation 
                system and approve or disapprove the security plan.
                    ``(B) Disapproval.--In the event of disapproval, 
                the Secretary shall provide to the rail or public 
                transportation system a clear explanation 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 Secretary 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 submitted the 
                vulnerability assessment or security plan to revise, 
                recertify, and submit the assessment or plan to correct 
                deficiencies specified in the order.
            ``(4) Disapproval.--The Secretary shall disapprove under 
        paragraph (3) a vulnerability assessment or security plan if 
        the Secretary determines that---
                    ``(A) the vulnerability assessment or security plan 
                does not comply with regulations promulgated under 
                subsection (a); or
                    ``(B) the security plan, or the implementation of 
                the security plan, is insufficient to address--
                            ``(i) the results of a vulnerability 
                        assessment of the rail or public transportation 
                        system or associated oversight actions taken 
                        under this section; or
                            ``(ii) a threat of a terrorist incident 
                        upon the rail or public transportation system.
            ``(5) Compliance.--If the Secretary disapproves a 
        vulnerability assessment or security plan, or the 
        implementation of a security plan, the Secretary shall--
                    ``(A) provide the railroad carrier or public 
                transportation system owner or operator a written 
                notification of the determination that includes a clear 
                explanation of deficiencies in the vulnerability 
                assessment, security plan, or implementation of the 
                assessment or plan;
                    ``(B) consult with the railroad carrier or public 
                transportation system owner or operator to identify 
                appropriate steps to achieve compliance 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 correct specified deficiencies by a 
                specified date.
    ``(e) Penalties.--
            ``(1) Administrative penalties.--
                    ``(A) The Secretary may issue an administrative 
                penalty of not more than $75,000 for failure to comply 
                with an order issued by the Secretary under this title.
                    ``(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 regulations 
                outlining the procedures for administrative 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 transportation system owner 
                or operator that violates or fails to comply with any 
                order or directive issued by the Secretary under this 
                title or a security plan approved by the Secretary 
                under this title.
                    ``(B) Relief.--In any action under subparagraph 
                (A), a court may issue an order for 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 violation, imprisoned for no more than 2 years, or both.
    ``(f) Red Team Exercises.--The Secretary, in cooperation with the 
Department of Transportation, shall conduct red team exercise at 
selected rail and public transportation systems to identify 
vulnerabilities, possible modes of attack, and security plan 
weaknesses.
    ``(g) Existing Procedures, Protocols and Standards.--
            ``(1) Determination.--In response to a petition by railroad 
        carrier or public transportation system 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 assessments 
        and security plans.
            ``(2) Requirements.--Upon review and written determination 
        by the Secretary that existing procedures, 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 relevant to vulnerability assessments and security 
        plans to ensure that the requirements of this title are 
        fulfilled.
            ``(4) Notification.--If the Secretary does not endorse or 
        recognize particular procedures, protocols, 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--
                    ``(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 submission on 
                an individual basis.
    ``(h) Periodic Review.--
            ``(1) In general.--Not later than 3 years after the date of 
        approval of a vulnerability assessment 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 
        transportation system owner or operator covered by the 
        vulnerability assessment or security plan shall--
                    ``(A) review the adequacy of the vulnerability 
                assessment and security plan; and
                    ``(B) as specified by the Secretary, submit to the 
                Secretary the review, including a description of any 
                changes to the vulnerability assessment 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 reviewed and approved within 6 
        months of receipt by the Secretary.
    ``(i) Co-Located Facilities.--The Secretary shall permit the 
development and implementation of coordinated 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 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 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 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 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 fulfilling 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 certification under 
        paragraph (1), the Secretary shall provide an update to the 
        appropriate congressional committees on the implementation of 
        the plan every 90 days.
            ``(3) After the Secretary provides the certification under 
        paragraph (1), the Secretary shall provide a report to the 
        appropriate congressional committees 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 product.
    ``(d) Survey.--The Secretary shall conduct an annual survey of the 
satisfaction of each of the recipients of rail and public 
transportation intelligence reports created and disseminated under the 
plan, and include the results of this survey as part of the report 
provided under subsection (c)(3).

``SEC. 1805. RULEMAKING REQUIREMENTS.

    ``(a) Interim Final Rule Authority.--The Secretary shall issue an 
interim final rule as a temporary regulation 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 subsection 
that are not earlier superseded by final regulations shall expire not 
later than 1 year after the date of enactment of this title.
    ``(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 supersede the interim final rule promulgated under 
this section.

``SEC. 1806. DEFINITIONS.

    ``In this title, the following definitions apply:
            ``(1) Appropriate rail and public transportation 
        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 organizations representing emergency responders, 
        owners or lessors of rail cars used to transport hazardous 
        materials, shippers of hazardous materials, manufacturers of 
        rail tank cars, State Departments of Transportation, public 
        safety officials, and other relevant parties.
            ``(2) Railroad and railroad carrier.--The terms `railroad' 
        and `railroad carrier' have the meaning given those terms in 
        section 20102 of title 49, United States Code.
            ``(3) Public transportation systems.--The term `Public 
        Transportation System' means passenger, 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 section:

``SEC. 512. RAIL AND PUBLIC TRANSPORTATION SECURITY GRANT PROGRAM.

    ``(a) Grants Authorized.--The Secretary shall establish a grant 
program to allocate Federal financial assistance 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 assessment of United States 
rail and public transportation systems to develop a prioritization for 
awarding grants authorized under subsection (a) based upon--
            ``(1) the most current risk assessment available from the 
        Department;
            ``(2) the national economic and strategic defense 
        considerations of individual rail and public transportation 
        systems; and
            ``(3) any other factors that the Secretary determines to be 
        appropriate.
    ``(c) Application.--
            ``(1) In general.--Any rail or public transportation 
        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 
                        Security Plan and other homeland security 
                        plans;
                            ``(iii) the methodology for coordinating 
                        the project into the security of the greater 
                        area identified in the Area Rail and Public 
                        Transportation Security Plan;
                            ``(iv) any existing cooperation or mutual 
                        aid agreements with other rail or public 
                        transportation systems, organizations, or 
                        State, territorial, and local governments as 
                        such agreements relate to rail and public 
                        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 Transportation 
                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.
            ``(3) Procedural safeguards.--The Secretary, in 
        consultation with the Office of the Inspector General and the 
        Office of Grants and Training, shall issue guidelines to 
        establish appropriate accounting, 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 purposes 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 section 1803;
            ``(2) to remedy rail and public transportation security 
        vulnerabilities identified through vulnerability 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;
            ``(4) for the salaries, benefits, overtime compensation, 
        and other costs of additional security personnel for State and 
        local agencies for activities required 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 approved by the 
        Secretary;
            ``(7) to purchase or upgrade equipment, including 
        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 prevention 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 that the mechanisms 
        are interoperable with Federal, State, and local agencies and 
        tribal governments;
            ``(10) for the cost of equipment (including software) 
        required to receive, transmit, handle, and store classified 
        information;
            ``(11) for the protection of critical infrastructure 
        against potential attack by the addition of barriers, 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 approved by the 
                Secretary, which may not exceed 10 percent of the total 
                amount of the grant; and
            ``(12) to conduct exercises to strengthen emergency 
        preparedness of Federal, State, local and tribal officials 
        responsible for rail and public transportation system security, 
        including law enforcement personnel and firefighters and other 
        first responders, in support of the Area Rail and Public 
        Transportation 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 prevention (including detection) of, 
preparedness for, response to, or recovery from acts of terrorism 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) 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 facilities, 
        except buildings or other physical facilities otherwise 
        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 subparagraph (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.--
                    ``(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 support required.--
                The requirement of paragraph (1) shall not apply with 
                respect to a project if the Secretary determines that 
                the project merits support and cannot be undertaken 
                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 requirement of paragraph (1) by 
        making in-kind contributions of goods or services that are 
        directly linked with the purpose for which the grant is made, 
        as determined by the Secretary, including any necessary 
        personnel expenses, contractor services, administrative 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 multiple years.
            ``(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 Secretary 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 coordinated with other projects in such area.
    ``(k) Review and Audits.--The Secretary shall require 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 
Inspector General of the Department.
    ``(l) Quarterly Reports Required as a Condition of Homeland 
Security Grants.--
            ``(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 quarter 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 Department a description of 
                each expenditure described in the report.
                    ``(B) Waiver.--The Secretary may waive the 
                requirement of subparagraph (A) if the Secretary 
                determines that it is in the national security 
                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 section.''.

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 consultation 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 security training 
program to prepare rail and public transportation workers, including 
front-line transit employees such as bus and rail operators, mechanics, 
customer service employees, maintenance employees, transit police, and 
security personnel, for potential threat conditions.
    ``(b) Program Elements.--The guidance developed under subsection 
(a) shall require such a program to include, at a minimum, elements 
that address the following:
            ``(1) Determination of the seriousness of any occurrence.
            ``(2) Crew and passenger communication and coordination.
            ``(3) Appropriate responses to defend oneself.
            ``(4) Use of protective devices.
            ``(5) Evacuation procedures (including passengers, workers, 
        and those with disabilities).
            ``(6) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            ``(7) Any other subject the Secretary considers 
        appropriate.
    ``(c) Required Programs.--Not later than 60 days after the 
Secretary issues guidance under subsection (a) in final form, each rail 
and public transportation system shall develop a rail and public 
transportation worker security training program in accordance with that 
guidance and submit it to the Secretary for approval. Not later than 60 
days after receiving a rail or public transportation system's program 
under this subsection, the Secretary shall review the program and 
approve it or require the rail or public transportation system to make 
any revisions the Secretary considers necessary for the program to meet 
the guidance requirements.
    ``(d) Training.--Not later than 1 year after the Secretary approves 
the training program developed by a rail or public transportation 
system under this section, the railroad carrier or public 
transportation system owner or operator shall complete the training of 
all rail and public transportation workers in accordance with that 
program.
    ``(e) Updates.--The Secretary shall update the training guidance 
issued under subsection (a) from time to time to reflect new or 
different security threats, and require rail and public transportation 
systems to revise their programs accordingly and provide additional 
training to their workers.''.
     (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.''.

SEC. 6. RAIL AND PUBLIC TRANSPORTATION SECURITY EXERCISE PROGRAM.

    (a) 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. 803. RAIL AND PUBLIC TRANSPORTATION SECURITY EXERCISE PROGRAM.

    ``(a) In General.--The Secretary, acting through the Assistant 
Secretary for Grants and Training, shall establish a Rail and Public 
Transportation Security Exercise Program (hereinafter in this section 
referred to as the `Program') for the purpose of testing and evaluating 
the capabilities of Federal, State, and local agencies and tribal 
governments, rail and public transportation system employees and 
management, governmental and nongovernmental emergency response 
providers, the private sector, or any other organization or entity, as 
the Secretary determines to be appropriate, to prevent, prepare for, 
mitigate against, respond to, and recover from acts of terrorism, 
natural disasters, and other emergencies at rail and public 
transportation systems.
    ``(b) Requirements.--The Secretary, acting through the Assistant 
Secretary for Grants and Training and in coordination with the 
Assistant Secretary of Homeland Security (Transportation Security 
Administration), shall ensure that the Program--
            ``(1) consolidates all existing rail and public 
        transportation system security exercise programs administered 
        by the Department;
            ``(2) conducts, on a periodic basis, exercises at rail and 
        public transportation systems that are--
                    ``(A) scaled and tailored to the needs of each rail 
                and public transportation system;
                    ``(B) live in the case of the most at-risk rail and 
                public transportation systems;
                    ``(C) as realistic as practicable and based on 
                current risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                    ``(D) consistent with the National Incident 
                Management System, the National Response Plan, the 
                National Infrastructure Protection Plan, the National 
                Preparedness Guidance, the National Preparedness Goal, 
                and other such national initiatives;
                    ``(E) evaluated against clear and consistent 
                performance measures;
                    ``(F) assessed to learn best practices, which shall 
                be shared with appropriate Federal, State, local and 
                tribal officials, rail and public transportation system 
                employees and management; governmental and 
                nongovernmental emergency response providers, and the 
                private sector; and
                    ``(G) followed by remedial action in response to 
                lessons learned; and
            ``(3) assists State and local governments and rail and 
        public transportation systems in designing, implementing, and 
        evaluating exercises that--
                    ``(A) conform to the requirements of paragraph (2); 
                and
                    ``(B) are consistent with any applicable Area Rail 
                and Public Transportation Security Plan and State or 
                Urban Area Homeland Security Plan.
    ``(c) Remedial Action Management System.--The Secretary, acting 
through the Assistant Secretary for Grants and Training, shall 
establish a Remedial Action Management System to--
            ``(1) identify and analyze each rail and public 
        transportation system exercise for lessons learned and best 
        practices;
            ``(2) disseminate lessons learned and best practices to 
        participants in the Program;
            ``(3) monitor the implementation of lessons learned and 
        best practices by participants in the Program; and
            ``(4) conduct remedial action tracking and long-term trend 
        analysis.
    ``(d) Grant Program Factor.--In evaluating and prioritizing 
applications for Federal financial assistance under section 512, the 
Secretary shall give additional consideration to those applicants that 
have conducted rail and public transportation security exercises under 
this section.
    ``(e) Consultation.--The Secretary shall ensure that, in carrying 
out the Program, the Office of Grants and Training shall consult with--
            ``(1) a geographic and substantive cross section of 
        governmental and nongovernmental emergency response providers; 
        and
            ``(2) rail and public transportation system personnel and 
        management.''.
    (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 802 the following:

``Sec. 803. Rail and public transportation security exercise 
                            program.''.

SEC. 7. INTERAGENCY COOPERATION.

    The Secretary shall consider whether in fulfilling the requirements 
of this Act, in order to promote communications, efficiency, and 
nonduplication of effort, memoranda of agreement should be updated or 
executed with other Federal agencies, including the Department of 
Transportation, or between entities of the Department and other Federal 
entities, including between the Transportation Security Administration 
and the Federal Transit Administration, the Pipeline and Hazardous 
Materials Safety Administration, and the Federal Railroad 
Administration.

SEC. 8. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary, through the Under Secretary for Science and Technology, in 
coordination with the Assistant Secretary of Homeland Security 
(Transportation Security Administration) and the Departmental Privacy 
Officer, and in consultation with the Secretary of Transportation, 
shall carry out a research and development program for the purpose of 
improving rail and mass transit security that may include research and 
development projects to--
            (1) reduce the vulnerability of passenger trains, stations, 
        and equipment to explosives and hazardous chemical, biological, 
        and radioactive substances;
            (2) test new emergency response and recovery techniques and 
        technologies;
            (3) develop improved freight technologies, including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls;
                    (D) signal system integrity at switches;
                    (E) emergency response training including training 
                in a tunnel environment;
                    (F) security and redundancy for critical 
                communications, electrical power, computer, and train 
                control systems; and
                    (G) technologies for securing bridges and tunnels;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail;
            (6) mitigate damages in the event of a cyber attack; and
            (7) address other vulnerabilities and risks identified by 
        the Secretary.
    (b) Coordination With Other Research Initiatives.--The Secretary 
shall ensure that the research and development program authorized by 
this section is consistent with the National Strategy for 
Transportation Security and the Transportation Sector Specific Plan, 
and shall to the greatest extent possible leverage other ongoing 
research and development security related initiatives at the National 
Academy of Sciences; the Department of Homeland Security; the 
Department of Transportation, including University Transportation 
Centers and other institutes, centers, and simulators funded by the 
Department of Transportation; the Technical Support Working Group; 
other Federal agencies; and other Federal and private research 
laboratories and research entities with the capability to conduct both 
practical and theoretical research and technical systems analysis.
    (c) Privacy and Civil Rights and Civil Liberties Issues.--In 
carrying out research and development projects under this section, the 
Under Secretary for Science and Technology shall consult with the Chief 
Privacy Officer and the Officer for Civil Rights and Civil Liberties as 
appropriate and in accordance with the plan required by section 319 of 
the Homeland Security Act of 2002. Pursuant to sections 222 and 705 of 
the Homeland Security Act of 2002, the Chief Privacy Officer shall 
conduct privacy impact assessments and the Officer for Civil Rights and 
Civil Liberties shall conduct reviews, as appropriate, for research and 
development initiatives developed pursuant to this section.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out this section--
            (1) $50,000,000 for fiscal year 2007;
            (2) $50,000,000 for fiscal year 2008; and
            (3) $50,000,000 for fiscal year 2009.
Amounts made available pursuant to this subsection shall remain 
available until expended.

SEC. 9. WHISTLEBLOWER PROTECTIONS.

    (a) In General.--No covered individual may be discharged, demoted, 
suspended, threatened, harassed, reprimanded, investigated, or in any 
other manner discriminated against (including by a denial, suspension, 
or revocation of a security clearance or by any other security access 
determination) if such discrimination is due, in whole or in part, to 
any lawful act done, perceived to have been done, or intended to be 
done by the covered individual--
            (1) to provide information, cause information to be 
        provided, or otherwise assist in an investigation regarding any 
        conduct which the covered individual reasonably believes 
        constitutes a violation of any law, rule or regulation relating 
        to national or homeland security, which the covered individual 
        reasonably believes constitutes a threat to national or 
        homeland security, or which the covered individual reasonably 
        believes constitutes fraud, waste or mismanagement of 
        Government funds intended to be used for national or homeland 
        security, when the information or assistance is provided to or 
        the investigation is conducted by--
                    (A) a Federal, State, or local regulatory or law 
                enforcement agency (including an office of Inspector 
                General under the Inspector General Act of 1978);
                    (B) any Member of Congress, any committee of 
                Congress, or the Government Accountability Office; or
                    (C) a person with supervisory authority over the 
                covered individual (or such other person who has the 
                authority to investigate, discover, or terminate 
                misconduct);
            (2) to file, cause to be filed, testify, participate in, or 
        otherwise assist in a proceeding or action filed or about to be 
        filed relating to an alleged violation of any law, rule or 
        regulation relating to national or homeland security; or
            (3) to refuse to violate or assist in the violation of any 
        law, rule, or regulation relating to national or homeland 
        security.
    (b) Enforcement Action.--
            (1) In general.--A covered individual who alleges discharge 
        or other discrimination by any person in violation of 
        subsection (a) may seek relief under subsection (c) by--
                    (A) filing a complaint with the Secretary of Labor; 
                or
                    (B) if the Secretary has not issued a final 
                decision within 180 days after the filing of the 
                complaint and there is no showing that such delay is 
                due to the bad faith of the claimant, bringing an 
                action at law or equity for de novo review in the 
                appropriate district court of the United States, which 
                shall have jurisdiction over such an action without 
                regard to the amount in controversy.
            (2) Procedure.--
                    (A) In general.--An action under paragraph (1)(A) 
                shall be governed under the rules and procedures set 
                forth in section 42121(b) of title 49, United States 
                Code.
                    (B) Exception.--Notification made under section 
                42121(b)(1) of title 49, United States Code, shall be 
                made to the person named in the complaint and to the 
                person's employer.
                    (C) Burdens of proof.--An action brought under 
                paragraph (1)(B) shall be governed by the legal burdens 
                of proof set forth in section 42121(b) of title 49, 
                United States Code.
                    (D) Statute of limitations.--An action under 
                paragraph (1) shall be commenced not later than 1 year 
                after the date on which the violation occurs.
    (c) Remedies.--
            (1) In general.--A covered individual prevailing in any 
        action under subsection (b)(1) shall be entitled to all relief 
        necessary to make the covered individual whole.
            (2) Damages.--Relief for any action under paragraph (1) 
        shall include--
                    (A) reinstatement with the same seniority status 
                that the covered individual would have had, but for the 
                discrimination;
                    (B) the amount of any back pay, with interest;
                    (C) compensation for any special damages sustained 
                as a result of the discrimination, including litigation 
                costs, expert witness fees, and reasonable attorney 
                fees; and
                    (D) punitive damages in an amount not to exceed the 
                greater of 3 times the amount of any compensatory 
                damages awarded under this section or $5,000,000.
    (d) State Secrets Privilege.--If, in any action brought under 
subsection (b)(1)(B), the Government asserts as a defense the privilege 
commonly referred to as the ``state secrets privilege'' and the 
assertion of such privilege prevents the plaintiff from establishing a 
prima facie case in support of the plaintiff's claim, the court shall 
enter judgment for the plaintiff and shall determine the relief to be 
granted.
    (e) Criminal Penalties.--
            (1) In general.--It shall be unlawful for any person 
        employing a covered individual to commit an act prohibited by 
        subsection (a). Any person violating this paragraph shall be 
        fined under title 18, United States Code, imprisoned not more 
        than 10 years, or both.
            (2) Reporting requirement.--The Department of Justice shall 
        submit to Congress an annual report on the enforcement of 
        paragraph (1). Each such report shall (A) identify each case in 
        which formal charges under paragraph (1) were brought, (B) 
        describe the status or disposition of each such case, and (C) 
        in any actions under subsection (b)(1)(B) in which the covered 
        individual was the prevailing party or the substantially 
        prevailing party, indicate whether or not any formal charges 
        under paragraph (1) have been brought and, if not, the reasons 
        therefor.
    (f) Rights Retained by Covered Individual.--Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies of any 
covered individual under any Federal or State law, or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or condition 
of employment.
    (g) Definitions.--For purposes of this section--
            (1) the term ``covered individual'' means an employee of--
                    (A) the Department of Homeland Security (which, for 
                purposes of this section, includes the Transportation 
                Security Administration);
                    (B) a Federal contractor or subcontractor; and
                    (C) an employer within the meaning of section 
                701(b) of the Civil Rights Act of 1964 (42 U.S.C. 
                2000e(b)) and who is a railroad carrier or public 
                transportation system owner or operator;
            (2) the term ``lawful'' means not specifically prohibited 
        by law, except that, in the case of any information the 
        disclosure of which is specifically prohibited by law or 
        specifically required by Executive order to be kept secret in 
        the interest of national defense or the conduct of foreign 
        affairs, any disclosure of such information to any Member of 
        Congress, committee of Congress, or other recipient authorized 
        to receive such information, shall be deemed lawful;
            (3) the term ``Federal contractor'' means a person who has 
        entered into a contract with the Department of Homeland 
        Security;
            (4) the term ``employee'' means--
                    (A) with respect to an employer referred to in 
                paragraph (1)(A), an employee as defined by section 
                2105 of title 5, United States Code; and
                    (B) with respect to an employer referred to in 
                subparagraph (A) or (B) of paragraph (1), any officer, 
                partner, employee, or agent;
            (5) the term ``subcontractor''--
                    (A) means any person, other than the Federal 
                contractor, who offers to furnish or furnishes any 
                supplies, materials, equipment, or services of any kind 
                under a contract with the Department of Homeland 
                Security or a subcontract entered into in connection 
                with such a contract; and
                    (B) includes any person who offers to furnish or 
                furnishes general supplies to the Federal contractor or 
                a higher tier subcontractor; and
            (6) the term ``person'' means a corporation, partnership, 
        State entity, business association of any kind, trust, joint-
        stock company, or individual.
    (h) Terms and Conditions.--A grant under this title shall be 
subject to terms and conditions of section 5333 of title 49, United 
States Code.

SEC. 10. INCREASE IN RAIL SECURITY INSPECTORS.

    (a) In General.--The Secretary shall increase by not less than 200 
the number of positions for full-time rail security inspectors of the 
Department for each of the fiscal years 2007 through 2012.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out subsection (a) $26,400,000 
for each of the fiscal years 2007 through 2012.
                                 <all>