[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2453 Reported in Senate (RS)]
Calendar No. 521
108th CONGRESS
2d Session
S. 2453
To authorize the Secretary of Homeland Security to award grants to
public transportation agencies to improve security, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2004
Mr. Shelby, from the Committee on Banking, Housing, and Urban Affairs,
reported the following original bill; which was read twice and placed
on the calendar
_______________________________________________________________________
A BILL
To authorize the Secretary of Homeland Security to award grants to
public transportation agencies 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Public
Transportation Terrorism Prevention Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purpose.
Sec. 3. Memorandum of understanding.
Sec. 4. Security assessments.
Sec. 5. Security assistance grants.
Sec. 6. Intelligence sharing.
Sec. 7. Research, development, and demonstration grants.
Sec. 8. Reporting requirements.
Sec. 9. Authorization of appropriations.
Sec. 10. Sunset provision.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) throughout the world, public transportation systems
have been a primary target of terrorist attacks, causing
countless death 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 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; and
(10) the Federal Government has a duty to deter and
mitigate, to the greatest extent practicable, threats against
the Nation's public transportation systems.
SEC. 3. 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 from the
Department of Homeland Security 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. 4. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
enactment of this Act, the Federal Transit Administration of
the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Department of Homeland Security.
(2) Review.--The Secretary of Homeland Security shall
review and augment the security assessments received under
paragraph (1).
(3) Allocations.--The assessments described in paragraph
(1) shall be used as the basis for allocating grant funds under
section 5, unless the Secretary of Homeland Security determines
that an adjustment is necessary to respond to an urgent threat
or other significant factors, after notification to the
Committee on Banking, Housing, and Urban Affairs of the Senate.
(4) Security improvement priorities.--The Secretary of
Homeland Security shall establish security improvement
priorities, in consultation with the management and employee
representatives of each public transportation system receiving
an assessment that will be used by public transportation
agencies for any funding provided under section 5.
(5) Updates.--The Secretary of Homeland Security shall
annually update the assessments referred to in this subsection
and conduct assessments of all transit agencies considered to
be at greatest risk of a terrorist attack.
(b) Use of Assessment Information.--The Secretary of Homeland
Security 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.
(c) Bus Public Transportation Systems.--The Secretary of Homeland
Security shall conduct assessments of local bus-only public
transportation systems to determine the specific needs of this form of
public transportation that are appropriate to the size and nature of
the bus system.
(d) Rural Public Transportation Systems.--The Secretary of Homeland
Security shall conduct assessments of selected public transportation
systems that receive funds under section 5311 of title 49, United
States Code, to determine the specific needs of this form of public
transportation that are appropriate to the size and nature of the
system.
SEC. 5. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable capital security improvements based on the priorities
established under section 4(a)(4).
(2) 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) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary of Homeland Security shall
award grants directly to public transportation agencies for
allowable operational security improvements based on the
priorities established under section 4(a)(4).
(2) 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, 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 4(a)(4); and
(F) other appropriate security improvements
identified under section 4(a)(4), excluding routine,
ongoing personnel costs.
(c) Congressional Notification.--Not later than 3 days before any
grant is awarded under this section, the Secretary of Homeland Security
shall notify the Committee on Banking, Housing, and Urban Affairs of
the Senate of the intent to award such grant.
(d) 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 subsection; and
(3) report annually to the Department of Homeland Security
on the use of grant funds received under this section.
(e) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified for that grant under this section, the grantee shall return
any amount so used to the Treasury of the United States.
SEC. 6. 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 Department of Homeland Security
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 Homeland Security--
(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. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS.
(a) Grants Authorized.--The Secretary of Homeland Security, in
consultation with the Federal Transit Administration, shall award
grants to public or private entities to conduct research into, and
demonstration of, technologies and methods to reduce and deter
terrorist threats or mitigate damages resulting from terrorist attacks
against public transportation systems.
(b) Use of Funds.--Grants awarded under subsection (a) may be used
for--
(1) researching chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(2) researching imaging technologies;
(3) conducting product evaluations and testing; and
(4) researching other technologies or methods for reducing
or deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(c) Reporting Requirement.--Each entity that receives a grant under
this section shall report annually to the Department of Homeland
Security on the use of grant funds received under this section.
(d) Return of Misspent Grant Funds.--If the Secretary of Homeland
Security determines that a grantee used any portion of the grant funds
received under this section for a purpose other than the allowable uses
specified under subsection (b), the grantee shall return any amount so
used to the Treasury of the United States.
SEC. 8. REPORTING REQUIREMENTS.
(a) Annual Report to Congress.--Not later than March 31 of each
year, the Secretary of Homeland Security shall submit a report, which
describes the implementation of section 4 through 7, and the state of
public transportation security in the United States, to--
(1) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(2) the Committee on Governmental Affairs of the Senate;
and
(3) the Committee on Appropriations of the Senate.
(b) Annual Report to Governors.--Not later than March 31 of each
year, the Secretary of Homeland Security shall submit a report to the
governor of each State in which a transit agency that has received a
grant under this Act is operating that specifies the amount of grant
funds distributed to each such transit agency and the use of such grant
funds.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to
be appropriated $3,500,000,000 for fiscal year 2005 to carry out the
provisions of section 5(a), which shall remain available until
expended.
(b) Operational Security Assistance Program.--There are authorized
to be appropriated to carry out the provisions of section 5(b)--
(1) $800,000,000 for fiscal year 2005;
(2) $500,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(c) Intelligence.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of section 6.
(d) Research.--There are authorized to be appropriated $200,000,000
for fiscal year 2005 to carry out the provisions of section 7, which
shall remain available until expended.
SEC. 10. SUNSET PROVISION.
This Act is repealed on October 1, 2007.
Calendar No. 521
108th CONGRESS
2d Session
S. 2453
_______________________________________________________________________
A BILL
To authorize the Secretary of Homeland Security to award grants to
public transportation agencies to improve security, and for other
purposes.
_______________________________________________________________________
May 20, 2004
Read twice and placed on the calendar