II
Calendar No. 299
109th CONGRESS
1st Session
S. 2032
IN THE SENATE OF THE UNITED STATES
November 17, 2005
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.
Short title; table of contents
Short title
This Act may be cited
as the Public Transportation Terrorism
Prevention Act of 2005
.
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. Security assessments.
Sec. 4. Security assistance grants.
Sec. 5. Intelligence sharing.
Sec. 6. Research, development, and demonstration grants.
Sec. 7. Reporting requirements.
Sec. 8. Authorization of appropriations.
Sec. 9. Sunset provision.
Findings and purpose
Findings
Congress finds that—
public transportation systems throughout the world have been a primary target of terrorist attacks, causing countless death and injuries;
5,800 public transportation agencies operate in the United States;
14,000,000 people in the United States ride public transportation each work day;
safe and secure public transportation systems are essential for the Nation’s economy and for significant national and international public events;
the Federal Transit Administration has invested $74,900,000,000 since 1992 for construction and improvements to the Nation’s public transportation systems;
the Federal Government appropriately invested $18,100,000,000 in fiscal years 2002 through 2005 to protect our Nation’s aviation system and its 1,800,000 daily passengers;
the Federal Government has allocated $250,000,000 in fiscal years 2003 through 2005 to protect public transportation systems in the United States;
the Federal Government has invested $7.38 in aviation security improvements per passenger, but only $0.007 in public transportation security improvements per passenger;
the Government Accountability Office, the Mineta Institute for Surface Transportation Policy Studies, the American Public Transportation Association, and many transportation experts have reported an urgent need for significant investment in public transportation security improvements; and
the Federal Government has a duty to deter and mitigate, to the greatest extent practicable, threats against the Nation’s public transportation systems.
Security assessments
Public transportation security assessments
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 Secretary of Homeland Security.
Review
Not later than July 31, 2006, the Secretary of Homeland Security shall review and augment the security assessments received under paragraph (1).
Allocations
The Secretary of Homeland Security shall use the security assessments received under paragraph (1) as the basis for allocating grant funds under section 4, unless the Secretary notifies the Committee on Banking, Housing, and Urban Affairs of the Senate that the Secretary has determined that an adjustment is necessary to respond to an urgent threat or other significant factors.
Security improvement priorities
Not later than September 30, 2006, the Secretary of Homeland Security, after consultation with the management and employee representatives of each public transportation system for which a security assessment has been received under paragraph (1), shall establish security improvement priorities that will be used by public transportation agencies for any funding provided under section 4.
Updates
Not later than July 31, 2007, and annually thereafter, the Secretary of Homeland Security shall—
update the security assessments referred to in this subsection; and
conduct security assessments of all public transportation agencies considered to be at greatest risk of a terrorist attack.
Use of security assessment information
The Secretary of Homeland Security shall use the information collected under subsection (a)—
to establish the process for developing security guidelines for public transportation security; and
to design a security improvement strategy that—
minimizes terrorist threats to public transportation systems; and
maximizes the efforts of public transportation systems to mitigate damage from terrorist attacks.
Bus and rural public transportation systems
Not later than July 31, 2006, the Secretary of Homeland Security shall conduct security assessments, appropriate to the size and nature of each system, to determine the specific needs of—
local bus-only public transportation systems; and
selected public transportation systems that receive funds under section 5311 of title 49, United States Code.
Security assistance grants
Capital security assistance program
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 3(a)(4).
Allowable use of funds
Grants awarded under paragraph (1) may be used for—
tunnel protection systems;
perimeter protection systems;
redundant critical operations control systems;
chemical, biological, radiological, or explosive detection systems;
surveillance equipment;
communications equipment;
emergency response equipment;
fire suppression and decontamination equipment;
global positioning or automated vehicle locator type system equipment;
evacuation improvements; and
other capital security improvements.
Operational security assistance program
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 3(a)(4).
Allowable use of funds
Grants awarded under paragraph (1) may be used for—
security training for public transportation employees, including bus and rail operators, mechanics, customer service, maintenance employees, transit police, and security personnel;
live or simulated drills;
public awareness campaigns for enhanced public transportation security;
canine patrols for chemical, biological, or explosives detection;
overtime reimbursement for enhanced security personnel during significant national and international public events, consistent with the priorities established under section 3(a)(4); and
other appropriate security improvements identified under section 3(a)(4), excluding routine, ongoing personnel costs.
Congressional notification
Not later than 3 days before the award of any grant 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.
Public transportation agency responsibilities
Each public transportation agency that receives a grant under this section shall—
identify a security coordinator to coordinate security improvements;
develop a comprehensive plan that demonstrates the agency’s capacity for operating and maintaining the equipment purchased under this section; and
report annually to the Department of Homeland Security on the use of grant funds received under this section.
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.
Intelligence sharing
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.
Information sharing analysis center
Establishment
The
Secretary of Homeland Security shall provide sufficient financial assistance
for 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.
Public transportation agency participation
The Secretary of Homeland Security—
shall require those public transportation agencies that the Secretary determines to be at significant risk of terrorist attack to participate in the ISAC;
shall encourage all other public transportation agencies to participate in the ISAC; and
shall not charge a fee to any public transportation agency for participating in the ISAC.
Research, development, and demonstration grants
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 demonstrate, technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems.
Use of funds
Grants awarded under subsection (a) may be used to—
research chemical, biological, radiological, or explosive detection systems that do not significantly impede passenger access;
research imaging technologies;
conduct product evaluations and testing; and
research other technologies or methods for reducing or deterring terrorist attacks against public transportation systems, or mitigating damage from such attacks.
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.
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.
Reporting requirements
Semi-annual report to Congress
In general
Not later than March 31 and September 30 of each year, the Secretary of Homeland Security shall submit a report, containing the information described in paragraph (2), to—
the Committee on Banking, Housing, and Urban Affairs of the Senate;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Appropriations of the Senate.
Contents
The report submitted under paragraph (1) shall include—
a description of the implementation of the provisions of sections 3 through 6;
the amount of funds appropriated to carry out the provisions of each of sections 3 through 6 that have not been expended or obligated; and
the state of public transportation security in the United States.
Annual report to governors
In general
Not later than March 31 of each year, the Secretary of Homeland Security shall submit a report to the Governor of each State with a public transportation agency that has received a grant under this Act.
Contents
The report submitted under paragraph (1) shall specify—
the amount of grant funds distributed to each such public transportation agency; and
the use of such grant funds.
Authorization of appropriations
Capital security assistance program
There are authorized to be appropriated $2,370,000,000 for fiscal year 2007 to carry out the provisions of section 4(a), which shall remain available until expended.
Operational security assistance program
There are authorized to be appropriated to carry out the provisions of section 4(b)—
$534,000,000 for fiscal year 2007;
$333,000,000 for fiscal year 2008; and
$133,000,000 for fiscal year 2009.
Intelligence
There are authorized to be appropriated such sums as may be necessary to carry out the provisions of section 5.
Research
There are authorized to be appropriated $130,000,000 for fiscal year 2007 to carry out the provisions of section 6, which shall remain available until expended.
Sunset provision
The authority to make grants under this Act shall expire on October 1, 2009.
November 17, 2005
Read twice and placed on the calendar