Public Transportation Terrorism Prevention and Response Act of 2004

        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5082 Reported in House (RH)]

Union Calendar No. 463
108th CONGRESS
2d Session
H. R. 5082

[Report No. 108-746]

To authorize the Secretary of Transportation to award grants to public
transportation agencies and over-the-road bus operators to improve
security, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

September 15, 2004

Mr. Young of Alaska (for himself, Mr. Oberstar, Mr. Petri, Mr.
Lipinski, Mr. Shuster, and Mr. Menendez) introduced the following bill;
which was referred to the Committee on Transportation and
Infrastructure

October 6, 2004

Additional sponsor: Mr. Nadler

October 6, 2004

Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
September 15, 2004]

_______________________________________________________________________

A BILL

To authorize the Secretary of Transportation to award grants to public
transportation agencies and over-the-road bus operators to improve
security, 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.

This Act may be cited as the ``Public Transportation Terrorism
Prevention and Response Act of 2004''.

TITLE I--PUBLIC TRANSPORTATION SECURITY

SEC. 101. FINDINGS; PURPOSE; PUBLIC TRANSPORTATION DEFINED.

(a) Findings.--Congress finds that--
(1) throughout the world, public transportation systems
have been a primary target of terrorist attacks, causing
countless deaths and injuries;
(2) 6,000 public transportation agencies operate in the
United States;
(3) 14,000,000 people in the United States ride public
transportation each work day;
(4) safe and secure public transportation systems are
essential to the Nation's economy and for significant national
and international public events;
(5) the Federal Transit Administration has invested
$68,700,000,000 since 1992 for construction and improvements to
the Nation's public transportation systems;
(6) the Federal Government appropriately invested
$11,000,000,000 in fiscal years 2002 and 2003 to protect our
Nation's aviation system and its 1,800,000 daily passengers;
(7) the Federal Government invested $115,000,000 in fiscal
years 2003 and 2004 to protect public transportation systems in
the United States;
(8) the Federal Government has invested $9.16 in aviation
security improvements per passenger, but only $0.006 in public
transportation security improvements per passenger;
(9) the General Accounting Office, the Mineta International
Institute for Surface Transportation Policy Studies, the
American Public Transportation Association, and other experts
have reported an urgent need for significant investment in
transit security improvements;
(10) Federal financial assistance for transit security
improvements should be separate from and supplementary to
funding for longstanding Federal programs for investment in
public transportation infrastructure;
(11) the Final Report of the National Commission on
Terrorist Attacks Upon the United States (also known as the
``9/11 Commission'') found that the Federal Government should--
(A) identify and evaluate the transportation assets
that need to be protected, set risk-based priorities
for defending them, and select the most practical and
cost-effective ways of doing so;
(B) develop a plan, a budget, and funding to
implement the effort; and
(C) assign roles and missions to the relevant
authorities (Federal, State, regional, and local) and
to private stakeholders;
(12) the Final Report of the 9/11 Commission also found
that homeland security assistance should be based strictly on
an assessment of risks and vulnerabilities; and
(13) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
(b) Purpose.--The purpose of this title is to award grants to
public transportation agencies and over-the-road bus operators to
improve security in a manner consistent with the recommendations of the
9/11 Commission described in subsections (a)(11) and (a)(12).
(c) Public Transportation Defined.--In this title, the term
``public transportation'' has the meaning given such term in section
5302(a) of title 49, United States Code.

SEC. 102. MEMORANDUM OF UNDERSTANDING.

(a) In General.--Not later than 45 days after the date of enactment
of this Act, the Secretary of Transportation shall enter into a
memorandum of understanding with the Secretary of Homeland Security to
define and clarify the respective public transportation security roles
and responsibilities of the Department of Transportation and the
Department of Homeland Security.
(b) Contents.--The memorandum of understanding described in
subsection (a) shall--
(1) establish a process to develop security standards for
public transportation agencies;
(2) establish funding priorities for grants for security
improvements from the Department of Transportation to public
transportation agencies;
(3) create a method of direct coordination with public
transportation agencies on security matters;
(4) address any other issues determined to be appropriate
by the Secretary of Transportation and the Secretary of
Homeland Security; and
(5) include a formal and permanent mechanism to ensure
coordination and involvement by the Department of
Transportation, as appropriate, in public transportation
security.

SEC. 103. SECURITY ASSESSMENTS.

(a) Public Transportation Security Assessments.--
(1) Submission.--The Federal Transit Administration of the
Department of Transportation shall submit all public
transportation security assessments conducted by the Federal
Transit Administration and all other relevant information to
the Department of Homeland Security.
(2) Review.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Transportation and the Secretary of Homeland Security
shall review and modify, as appropriate, the security
assessments received under paragraph (1).
(B) Components.--In conducting the reviews, the
Secretaries shall ensure that the assessment of each
public transportation system identifies--
(i) the critical assets of the system;
(ii) threats to those assets;
(iii) security weaknesses in the system and
its assets;
(iv) redundant and backup systems required
to ensure the continued operation of critical
elements of the system in the event of an
attack or other incident; and
(v) the extent to which public
transportation employees, including bus and
rail operators, mechanics, customer service
personnel, maintenance employees, transit
police, and security personnel, have received
training in security awareness and public
transportation system emergency response
procedures.
(3) Allocations.--
(A) In general.--The Secretary of Transportation
shall allocate grants under section 104 among public
transportation agencies receiving an assessment
referred to in paragraph (1) based on the results of
the assessment, as modified under paragraph (2).
(B) Response to urgent threats.--After providing
written notice to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate, the Secretary of Transportation may adjust
grant allocations under this paragraph if the Secretary
determines that the adjustment is necessary to respond
to an urgent threat or other significant factors.
(4) Security improvement priorities.--The Secretary of
Transportation shall establish security improvement priorities,
in consultation with the management and employee
representatives of each public transportation system receiving
an assessment. Such priorities shall apply to funds provided to
a public transportation agency under section 104.
(5) Updates.--The Secretary of Transportation and the
Secretary of Homeland Security shall update the assessments
referred to in this subsection at least once every 3 years and
may conduct additional assessments of public transportation
agencies considered to be at greatest risk of a terrorist
attack.
(b) Use of Assessment Information.--The Secretary of Transportation
shall use the information collected under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security;
(2) to design a security improvement strategy that
minimizes terrorist threats to public transportation systems;
and
(3) to design a security improvement strategy that
maximizes the efforts of public transportation systems to
mitigate damage from terrorist attacks.

SEC. 104. SECURITY ASSISTANCE GRANTS.

(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Transportation shall
award grants directly to public transportation agencies for
allowable capital security improvements.
(2) Priorities.--A public transportation agency receiving a
grant under this subsection shall use the grant to fund
projects based on the priorities established under section
103(a)(4).
(3) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) inspection technology;
(G) communications equipment;
(H) emergency response equipment;
(I) fire suppression and decontamination equipment;
(J) global positioning or automated vehicle locator
type system equipment;
(K) evacuation improvements; and
(L) other capital security improvements.
(4) Government's share.--A grant for a capital security
improvement project under this subsection shall be for 80
percent of the net project cost of the project. The recipient
may provide additional local matching amounts.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Transportation shall
award grants directly to public transportation agencies for
allowable operational security improvements.
(2) Priorities.--A public transportation agency receiving a
grant under this subsection shall use the grant to fund
projects based on the priorities established under section
103(a)(4).
(3) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for transit employees,
including bus and rail operators, mechanics, customer
service employees, maintenance employees, transit
police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or
explosives detection;
(E) overtime reimbursement for enhanced security
personnel during significant national and international
public events, consistent with the priorities
established under section 103(a)(4); and
(F) other appropriate security improvements
identified under section 103(a)(4), including hiring
additional security personnel determined necessary
under section 103(a)(4), but excluding routine, ongoing
personnel costs.
(4) Government's share.--A grant for an operating security
improvement project under this subsection may not exceed 50
percent of the net project cost of the project.
(c) Transit Agency Responsibilities.--Each public transportation
agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Department of Transportation on
the use of grant funds received under this section.
(d) Grant Requirements.--Except as otherwise specifically provided
in this Act, a grant provided under this section shall be subject to
the terms and conditions applicable to grants made under section 5307
of title 49, United States Code, and to such other terms and conditions
as are determined by the Secretary.

SEC. 105. INTELLIGENCE SHARING.

(a) Intelligence Sharing.--The Secretary of Homeland Security shall
ensure that the Department of Transportation receives appropriate and
timely notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary of Transportation shall
fund the reasonable costs of the Information Sharing and
Analysis Center for Public Transportation (referred to in this
subsection as the ``ISAC'') established pursuant to
Presidential Directive 63 to protect critical infrastructure.
(2) Public transportation agency participation.--The
Secretary of Transportation--
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge any public transportation
agency a fee for participation in the ISAC.

SEC. 106. REPORTING REQUIREMENT.

(a) In General.--Not later than September 30, 2006, the Secretary
of Transportation shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate a report that
describes the implementation of sections 103 through 105. The Secretary
may submit the report in classified and unclassified forms.
(b) Contents.--Based on security assessments and updates conducted
under section 103, the report shall include--
(1) a description of the state of public transportation
security in the United States; and
(2) a description of actions taken by Federal, State,
regional, and local governments and private stakeholders to
address threats to, and security weaknesses in, the public
transportation system and its assets.

SEC. 107. PUBLIC TRANSPORTATION EMPLOYEE SECURITY TRAINING PROGRAM.

(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the
Secretary of Homeland Security, appropriate law enforcement, security,
and terrorism experts, representatives of public transportation
agencies, and representatives of public transportation employees, shall
develop and issue guidelines for a public transportation employee
security training program to prepare public transportation employees
for potential threat conditions.
(b) Public Transportation Agency Programs.--
(1) In general.--Not later than 90 days after the date on
which Secretary issues guidance under subsection (a) in final
form, each public transportation agency that has received or is
undergoing a security assessment under section 103 shall develop an
employee training program in accordance with such guidance.
(2) Review and approval.--Each public transportation agency
referred to in paragraph (1) shall submit its employee training
program to the Secretary for review and approval or amendment.
(3) Implementation.--Not later than one year after the date
on which the Secretary approves an employee training program of
a public transportation agency under paragraph (2), the agency
shall complete employee training in accordance with such
program at least with respect to the employees of the agency
identified in the agency's security assessment under section
103.
(c) Reporting.--As part of the Secretary's report to Congress under
section 106, the Secretary shall include an analysis of the extent to
which public transportation agencies are successfully carrying out the
employee training programs described in this section.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

(a) Capital Security Assistance Program.--There is authorized to be
appropriated to carry out section 104(a)--
(1) $775,000,000 for fiscal year 2005;
(2) $825,000,000 for fiscal year 2006; and
(3) $880,000,000 for fiscal year 2007.
(b) Operational Security Assistance Program.--There is authorized
to be appropriated to carry out section 104(b)--
(1) $400,000,000 for fiscal year 2005;
(2) $300,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(c) Information Sharing and Analysis Center.--There is authorized
to be appropriated to carry out section 105(b) $1,000,000 for each of
fiscal years 2005 through 2007.
(d) Period of Availability.--Sums appropriated pursuant to this
section shall remain available until expended.

TITLE II--OVER-THE-ROAD BUS SECURITY ASSISTANCE

SEC. 201. EMERGENCY OVER-THE-ROAD BUS SECURITY ASSISTANCE.

(a) In General.--The Secretary of Transportation, acting through
the Administrator of the Federal Motor Carrier Safety Administration,
shall establish a program for making grants to private operators of
over-the-road buses for system-wide security improvements to their
operations, including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security threats, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing an emergency communications system linked
to law enforcement and emergency personnel; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Reimbursement.--
(1) In general.--A grant under this section may be used to
provide reimbursement to private operators of over-the-road
buses for extraordinary security-related costs for improvements
described in paragraphs (1) through (9) of subsection (a),
determined by the Secretary to have been incurred by such
operators since September 11, 2001.
(2) Limitation.--Not more than 20 percent of the amounts
appropriated for a fiscal year to carry out this title may be
used to provide reimbursements under this subsection.
(c) Federal Share.--The Federal share of the cost for which any
grant is made under this section shall be 80 percent.
(d) Due Consideration.--In making grants under this section, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001.
(e) Grant Requirements.--A grant under this section shall be
subject to all the terms and conditions that a grant is subject to
under section 3038(f) of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 393).
(f) Report on Industry Priorities.--
(1) Study.--The Administrator of the Federal Motor Carrier
Safety Administration shall conduct a study of--
(A) the critical assets and systems of the
nationwide over-the-road bus industry;
(B) security threats to the assets and systems;
(C) security weaknesses in the assets and systems;
and
(D) redundant and backup systems required to ensure
the continued operation of critical elements of the
assets and systems in the event of an attack or other
incident.
(2) Consultation.--In conducting the study, the
Administrator shall consult with private over-the-road bus
operators and their trade association representatives.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall submit to the
Secretary of Transportation and the Secretary of Homeland
Security a report, based on the results of the study, detailing
the critical assets, threats, and weaknesses in the over-the-
road bus industry. The Administrator shall update the report on
an annual basis.
(g) Allocation of Grants.--The Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall establish
priorities for the allocation of grants under this section based on the
report required by subsection (f)(3) and shall make grants under this
section in accordance with those priorities.

SEC. 202. PLAN REQUIREMENT.

(a) In General.--The Secretary of Transportation may not make a
grant under section 201 to a private operator of over-the-road buses
until the operator has first submitted to the Secretary an application
containing--
(1) a plan for making security improvements described in
section 201 and the Secretary has approved the plan; and
(2) such additional information as the Secretary may
require to ensure accountability for the obligation and
expenditure of amounts made available to the operator under the
grant.
(b) Coordination.--To the extent that an application for a grant
submitted under this section proposes security improvements within a
specific terminal owned and operated by an entity other than the
applicant, the applicant shall demonstrate to the satisfaction of the
Secretary that the applicant has coordinated the security improvements
for the terminal with that entity.
(c) Consultation With DHS.--In approving plans under subsection
(a)(1), the Secretary may consult with the Secretary of Homeland
Security.

SEC. 203. OVER-THE-ROAD BUS DEFINED.

In this title, the term ``over-the-road bus'' means a bus
characterized by an elevated passenger deck located over a baggage
compartment.

SEC. 204. BUS SECURITY ASSESSMENT.

(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation shall transmit
to the Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a preliminary report in accordance with
the requirements of this section.
(b) Contents of Preliminary Report.--The preliminary report shall
include--
(1) an assessment of the over-the-road bus security grant
program;
(2) an assessment of actions already taken to address
identified security issues by both public and private entities
and recommendations on whether additional safety and security
enforcement actions are needed;
(3) an assessment of whether additional legislation is
needed to provide for the security of Americans traveling on
over-the-road buses;
(4) an assessment of the economic impact that security
upgrades of buses and bus facilities may have on the over-the-
road bus transportation industry and its employees;
(5) an assessment of ongoing research and the need for
additional research on over-the-road bus security, including
engine shut-off mechanisms, chemical and biological weapon
detection technology, and the feasibility of
compartmentalization of the driver; and
(6) an assessment of industry best practices to enhance
security.
(c) Consultation With Industry, Labor, and Other Groups.--In
carrying out this section, the Secretary shall consult with over-the-
road bus management and labor representatives, public safety and law
enforcement officials, and the National Academy of Sciences.

SEC. 205. FUNDING.

There is authorized to be appropriated to the Secretary of
Transportation to carry out this title $50,000,000 for each of fiscal
years 2005 through 2007. Such sums shall remain available until
expended.

Union Calendar No. 463

108th CONGRESS

2d Session

H. R. 5082

[Report No. 108-746]

_______________________________________________________________________

A BILL

To authorize the Secretary of Transportation to award grants to public
transportation agencies and over-the-road bus operators to improve
security, and for other purposes.

_______________________________________________________________________

October 6, 2004

Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed