1.This Act may be cited as the &short-title1;
or the &short-title2;
.
2.Homeland security public transportation grants
(a)The Secretary of Homeland Security is authorized to make grants for the purpose of improving the security of public transportation systems against acts of terrorism. The grant program shall be administered by the Under Secretary for Border and Transportation Security—
(1)in consultation with the Director of the Office of Domestic Preparedness, to ensure that the program is consistent with other Department of Homeland Security grant programs;
(2)with the Assistant Secretary for Infrastructure Protection to ensure that grant awards are consistent with critical infrastructure risk assessments and protective priorities as they relate to public transportation; and
(3)with the Under Secretary for Science and Technology to ensure that technology aspects of grant proposals are feasible and generally consistent with existing technologies and standards.
(b)Among the considerations on which grants shall be awarded are the following:
(1)Risk of terrorism, including threat assessment, vulnerabilities of public transportation systems, potential effects of acts of terrorism against public transportation systems, and past acts of terrorism against modes of transportation.
(2)Merits of the proposed projects to increase national security, based on a consideration of—
(A)threats;
(B)vulnerabilities;
(C)consequences, including human casualties and economic impacts;
(D)consequence management;
(E)the likelihood that such projects would have been pursued in the normal course of business and in the absence of national security considerations; and
(F)feasibility, based on the technical and operational merits of the projects.
(c)Grants made under this section shall be used for the purposes of—
(1)support for increased capital investments in cameras, close-circuit television, and other surveillance systems;
(2)increased capital investment in command, control, and communications systems, including investments for redundancy and interoperability and for improved situational awareness, such as emergency call boxes and vehicle locator systems;
(3)increased training, including for carrying out exercises under section 3, and technical support for public transportation employees, especially for security awareness, prevention, emergency response, including evacuation, and decontamination;
(4)expanded deployment of equipment and other measures, including canine detection teams, for the detection of explosives and chemical, biological, radiological, and nuclear agents;
(5)capital improvements and operating activities, including personnel expenditures, to increase the physical security of stations, vehicles, bridges, and tunnels;
(6)capital improvements and operating activities to improve passenger survivability in the event of an attack, including improvements in ventilation, drainage, fire safety technology, emergency communications systems, lighting systems, passenger egress, and accessibility by emergency response personnel;
(7)acquisition of emergency response and support equipment, including fire suppression and decontamination equipment; and
(8)expansion of employee education and public awareness campaigns regarding security on public transportation systems.
(d)Grants shall be made available under this section directly to owners, operators, and providers of public transportation systems. Owners, operators, and providers of infrastructure over which public transportation operates, but which is not primarily used for public transportation, may also be eligible for grants at the discretion of the Secretary.
(e)The Secretary shall adopt necessary procedures, including audits, to ensure that grants made under this section are expended in accordance with the purposes of this Act and the priorities and other criteria developed by the Secretary. If the Secretary determines that a recipient has 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.
(f)Procedures for grant awardThe Secretary shall prescribe procedures and schedules for the awarding of grants under this section, including application and qualification procedures, and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing the procedures not later than 90 days after the date of enactment of this Act.
(g)Grants made under this section shall account for no more than—
(1)85 percent for fiscal year 2005;
(2)80 percent for fiscal year 2006; and
(3)75 percent for fiscal year 2007,of the expense of the purposes for which the grants are used.
(h)Authorization of appropriationsThere are authorized to be appropriated to the Secretary to carry out the purposes of this section—
(1)$1,200,000,000 for fiscal year 2005;
(2)$900,000,000 for fiscal year 2006; and
(3)$700,000,000 for fiscal year 2007. Amounts appropriated pursuant to this subsection shall remain available until expended.
3.
(a)Not later than 4 months after the date of enactment of this Act, the Secretary of Homeland Security shall publish guidelines for the conduct by recipients of grants under section 2 of appropriate exercises for emergency response and public transportation employee training purposes.
(b)Not later than 6 months after receipt of a grant under section 2, the recipient of such grant shall transmit to the Secretary its emergency response plan as well as a plan for conducting exercises for emergency response and public transportation employee training purposes pursuant to the guidelines published under subsection (a).
(c)
(1)Not later than 1 year after receipt of a grant under section 2, the recipient of such grant shall conduct an exercise pursuant to the plan for conducting exercises transmitted under subsection (b).
(2)The Secretary may exempt a grant recipient from the requirement under paragraph (1) if the recipient has recently conducted an equivalent exercise.
(3)Not later than 30 days after conducting an exercise under paragraph (1) or as described in paragraph (2), the recipient shall notify the Secretary that such exercise has been completed, including a description of the results of the exercise and findings and lessons learned from the exercise, and shall make recommendations for changes, if necessary, to existing emergency response plans. If the recipient revises an emergency response plan as a result of an exercise under this subsection, the recipient shall transmit the revised plan to the Secretary not later than 6 months after the exercise.
(d)The Secretary shall provide technical assistance in the design, preparation for, and conduct of emergency response exercises.
(e)The Secretary shall ensure that information submitted to the Secretary under this section is protected from any form of disclosure that might compromise public transportation security or trade secrets. Notwithstanding the preceding sentence, the Secretary may use such information, on a nonattributed basis unless otherwise agreed to by the source of the information, to aid in developing recommendations, best practices, and materials for use by public transportation authorities to improve security practices and emergency response capabilities.
4.The Secretary of Homeland Security shall, not later than 120 days after the date of enactment of this Act, develop, disseminate to appropriate owners, operators, and providers of public transportation systems, public transportation employees and employee representatives, and Federal, State, and local officials, and transmit to the Congress a report containing best practices for the security of public transportation systems. In developing best practices, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials.
5.Not later than 90 days after the date of enactment of this Act, the Secretary of Homeland Security shall develop a national plan for public outreach and awareness. Such plan shall be designed to increase awareness of measures that the general public, public transportation passengers, and public transportation employees can take to increase public transportation system security. Such plan shall also provide outreach to owners, operators, providers, and employees of public transportation systems to improve their awareness of available technologies, ongoing research and development efforts, and available Federal funding sources to improve public transportation security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed under this section.
6.
(a)Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security, in coordination with the Secretary of Transportation and in accordance with the Memorandum of Agreement executed under section 7, shall develop a strategic plan for the security of the Nation’s public transportation systems and transmit to Congress a report containing a summary of that plan. Such plan shall—
(1)include a comprehensive assessment of risks to the Nation’s public transportation systems, including an assessment of threats of terrorist attack, vulnerabilities against terrorist attack, and human, economic, and national security consequences of terrorist attack;
(2)take into account actions taken or planned by both public and private entities to address identified security issues;
(3)describe measures for prevention, protection, and preparedness, including recommended actions and best practices (as described in section 4);
(4)make prioritized recommendations for improving public transportation system security;
(5)identify specific actions the Federal Government should take to provide increased security support for public transportation systems, both generally and in periods of high or severe threat levels of alert;
(6)identify measures for coordinating initiatives undertaken by the public and private sectors to increase security of public transportation systems;
(7)contain an estimate of the cost to implement measures, recommendations, and best practices, and other actions contained within the plan;
(8)identify milestones and timeframes for implementing measures, recommendations, and best practices, and other actions contained within the plan; and
(9)identify methods for measuring progress against the plan and communicating such progress to owners, operators, and providers of public transportation systems and to Congress.
(b)The Secretary shall begin implementation of the plan not later than 3 months after its development.
(c)Consultation; use of existing resourcesIn developing the plan under this section, the Secretary shall be responsible for consulting with and collecting input from owners, operators, and providers of public transportation systems, public transportation employee representatives, first responders, industry associations, private sector experts, academic experts, and appropriate Federal, State, and local officials.
(d)The Secretary may submit the report in both classified and unclassified formats if the Secretary considers that such action is appropriate or necessary.
(e)The Secretary, in consultation with the Secretary of Transportation, shall update the plan every 2 years, as necessary, and transmit such updated report to Congress.
7.Not later than 60 days after the date of enactment of this Act, the Secretary of Homeland Security and the Secretary of Transportation shall execute a Memorandum of Agreement governing the roles and responsibilities of the Department of Homeland Security and the Department of Transportation, respectively, in addressing security matters for public transportation systems, including the process the departments will follow to promote communications, efficiency, and nonduplication of effort. Such Memorandum of Agreement shall also establish a formal mechanism to ensure coordination and the timely sharing of expertise and information between the Department of Homeland Security and the Department of Transportation, as appropriate, in public transportation security.
8.National Transportation Security Centers
(a)The Secretary of Homeland Security shall establish more than 1 but not more than 4 National Transportation Security Centers at institutions of higher education to assist in carrying out this Act and to conduct research and education, and to develop or provide professional training, including the training of public transportation employees and public transportation-related professionals, with emphasis on utilization of intelligent transportation systems, technologies, and architectures.
(b)The Secretary shall designate the Centers according to the following selection criteria:
(1)The demonstrated commitment of the institution to transportation security issues.
(2)The use of and experience with partnerships with other institutions of higher education, Federal laboratories, or other nonprofit laboratories.
(3)Capability to conduct both practical and theoretical research and technical systems analysis.
(4)Utilization of intelligent transportation system technologies and architectures.
(5)Ability to develop professional training programs.
(6)Capability and willingness to conduct education of transportation security professionals.
(7)Such other criteria that the Secretary may designate.
(c)The Secretary shall provide such funding as is necessary to the National Transportation Security Centers established under subsection (a) to carry out this section.
9.
(a)No employee or other person may be harassed, prosecuted, held liable, or discriminated against in any way—
(1)because that person—
(A)has commenced or caused to be commenced, or is about to commence;
(B)has testified or is about to testify at; or
(C)has assisted or participated in, or is about to assist or participate in any manner in, a proceeding or any other action to enhance public transportation security; or
(2)because that person has refused to violate or assist in the violation of any law, rule, or regulation related to public transportation security.
(b)Application of Sarbanes-Oxley Act of 2002 Amendments
(1)Civil action to protect against retaliation in fraud casesSection 1514A of title 18, United States Code, shall apply to subsection (a) of this section as if—
(A)an act or refusal to act described in subsection (a) were described in such section 1514A; and
(B)a violation of subsection (a) were a violation of such section 1514A(a).
(2)Retaliating against a witness, victim, or informantSection 1513(e) of title 18, United States Code, shall apply to a violation of subsection (a) of this section as if the violation of subsection (a) were a violation of such section 1513.
10.For the purposes of this Act—
(1)the term public transportation employees
means security personnel, dispatchers, vehicle and vessel operators, other onboard employees, maintenance and support personnel, and other appropriate employees of owners, operators, and providers of public transportation systems; and
(2)the term public transportation systems
means passenger, commuter, and light rail, including Amtrak and subways, buses, commuter ferries, and other modes of public transit.